124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
MINUTES - FINAL
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE
COMMUNITY DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS WEDNESDAY, NOVEMBER 9, 2022
6:00 PM
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. OPENING PUBLIC SESSION
Call to Order - Mayor Lands called the meeting to order at 6 p.m.
Pledge of Allegiance - Mayor Lands led the pledge of allegiance.
Roll Call - Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Cruz, Bagby, Palla - Absent: None.
Conflict of Interest Declaration - None.
Agenda Review (Changes and/or Deletions) - None.
B. PUBLIC COMMENTS
Rob Koslowsky spoke regarding water and sewer policies.
C. COMMUNICATIONS
None.
D. PROCLAMATIONS/PRESENTATIONS
D.1 Native American Heritage Month
Councilmember Bagby presented the proclamation to Trina Vega.
Councilmembers and Trina Vega spoke.
D.2 Proclamation - Commissioner Shanahan Service Recognition Councilmember Bagby presented the proclamation to Mike Shanahan.
Councilmembers, Staff, and Mike Shanahan spoke.
D.3 Student Liaison Report
Student Liaison Garcia reported.
E. CONSENT CALENDAR
A motion was made by Councilmember Bagby, seconded by Councilmember Palla, to waive reading of the text and adopt items E.1 - E.9 of the Consent Calendar.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None
E.1 Approval of the October 26, 2022, meeting minutes
Action: Approved as submitted.
E.2 Cancellation Notice of the November 23, 2022 and December 28, 2022 regularly scheduled City Council meetings.
Action: The November 23, 2022, and December 28, 2022, City Council meetings are cancelled.
E.3 A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361 Action: Resolution was adopted
RESOLUTION NO. 109-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY OF CLOVERDALE OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361.
E.4 A Resolution of the City Council of the City of Cloverdale Approving an Agreement with the County of Sonoma Registrar of Voters for Election Services Action: Resolution was adopted
RESOLUTION NO. 110-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING AN AGREEMENT WITH THE COUNTY OF SONOMA REGISTRAR OF VOTERS FOR ELECTION SERVICES.
E.5 Resolution Amending the budget for 1. To hire with Green Valley Engineering Inc. for the Engineering Services Associated with Public Works Inspections 2. To cover expenses related to an emergency roll up door installation at Furber Park.
Action: Resolution was adopted
RESOLUTION NO. 111-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING A BUDGET AMENDMENT TO HIRE GREEN VALLEY ENGINEERING FOR PUBLIC WORKS INSPECTIONS IN AN AMOUNT NOT TO EXCEED $24,000 AND $19,323.86 FOR AN EMERGENCY ROLL UP DOOR INSTALLATION AT FURBER PARK.
E.6 Amendment of the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc. (Recology)
Action: Resolution was adopted
RESOLUTION NO. 112-2022 ENTITLED: Resolution of the City Council of the City of Cloverdale Approving the Second Amendment to Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Between The City of Cloverdale and Recology Sonoma Marin Inc.
E.7 Agreement with Robert Smith to Provide Code Enforcement Services for the City of Cloverdale.
Action: Resolution was adopted
RESOLUTION NO. 113-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING AN AGREEMENT WITH ROBERT SMITH IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000) TO PROVIDE CODE ENFORCEMENT SERVICES FOR
THE CITY OF CLOVERDALE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND APPROVE A BUDGET EXPENDITURE OF FIFTY THOUSAND DOLLARS ($50,000) TO THE GENERAL FUND (100-50-502-42150-000).
E.8 Amendment No. 2 to Professional Services Agreement with West Yost Associates, Inc. to provide Interim City Engineer Services
Action: Resolution was adopted
RESOLUTION NO. 114-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST, INC. TO PROVIDE PROFESSIONAL INTERIM CITY ENGINEERING SERVICES FOR
THE PUBLIC WORKS DEPARTMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT AT A COST NOT TO EXCEED THREE HUNDRED AND EIGHTY FIVE THOUSAND DOLLARS ($385,000.00), AND AUTHORIZING A BUDGET AMENDMENT TO COVER THE PROPOSED
EXPENSE AND EXTEND THE CONTRACT
E.9 Consideration of Resolution Approving a Memorandum of Understanding with the Dry Creek Rancheria Band of Pomo Indians Regarding the Formation of a Community Facilities District to Reimburse the Cost of Certain Public Infrastructure Improvements Action: Resolution was adopted
RESOLUTION NO. 115-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE DRY CREEK
RANCHERIA BAND OF POMO INDIANS REGARDING THE FORMATION OF A COMMUNITY
FACILITIES DISTRICT TO REIMBURSE THE COST OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS.
F. PUBLIC HEARINGS
F.1 Adoption of the 2022 California Building Standards Codes and the 2022 Fire Code by Reference and amending Title 15, “Buildings and Construction” of the Cloverdale Municipal Code.
City Manager Kelley introduced the item and Building Official Starnes presented Building Official Starnes and City Attorney Sanchez responded to comments and inquiries.
Mayor Lands opened and closed the Public Hearing at 6:42 p.m.
A motion was made by Councilmember Bagby, seconded by Councilmember Palla, to waive reading of the text and introduce by title only:
ORDINANCE OF THE CITY OF CLOVERDALE REPEALING AND REPLACING CLOVERDALE MUNICIPAL CODE CHAPTERS 15.00 THROUGH 15.18 AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24; THE 2022 CALIFORNIA ADMINISTRATIVE CODE (PART 1) INCLUDING TABLES; THE 2022 CALIFORNIA BUILDING CODE (PART 2) INCLUDING TABLES AND APPENDICES C, I, J, O AND P; THE 2022 CALIFORNIA RESIDENTIAL BUILDING CODE (PART 2.5) INCLUDING TABLES AND APPENDICES AH, AQ, AS, AX, AND AZ; THE 2022 CALIFORNIA ELECTRICAL CODE (PART 3) INCLUDING TABLES AND APPENDICES A, B, C, F, AND G; THE 2022 CALIFORNIA MECHANICAL CODE (PART 4) INCLUDING TABLES AND APPENDICES B, C AND F; THE 2022 CALIFORNIA PLUMBING CODE (PART 5) INCLUDING TABLES AND APPENDICES A, B, C, D, G, I, J AND K; THE 2022 CALIFORNIA ENERGY CODE (PART 6) INCLUDING TABLES AND APPENDIX 1-A; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE (PART 8) INCLUDING TABLES AND APPENDIX A; THE 2022 CALIFORNIA FIRE CODE (PART 9) WITH APPENDICES, STANDARDS AND NFPA STANDARDS BY REFERENCE; THE 2022 CALIFORNIA EXISTING BUILDING CODE (PART 10) INCLUDING TABLES AND APPENDIX A, CHAPTERS A1 THROUGH A5 ; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (PART 11) INCLUDING TABLES AND APPENDICES A4 AND A5; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE (PART 12 OF TITLE 24) INCLUDING TABLES; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND
BY MOTION, SCHEDULE A PUBLIC HEARING FOR SECOND READING AND ADOPTION OF THE ORDINANCE FOR DECEMBER 14, 2022, AT 6:00 P.M.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None
G. NEW BUSINESS
G.1 Discussion on Potential Participation in Countywide Ban on Construction of New Gas Station Infrastructure
Assistant City Manager Thompson presented and responded to Councilmember inquiries and comments.
CONGAS representative Hastings presented and responded to Councilmember inquiries.
Councilmembers discussed the item.
Mayor Lands recessed the meeting at approximately 7:05 p.m. and reconvened at 7:17 p.m.
Public Comment Period:
Reece Foxen commented on the item and provided recommendations.
Vicky Groom commented on the item and provided recommendations.
Richard Whiles commented on the item and provided recommendations.
Derick Wantanny commented and inquired on the item.
City Staff responded to inquiries.
Rob Koslowsky commented on the item and provided recommendations.
Anna (Last Name Unknown) commented on the item and provided recommendations.
Vic Aiuto commented on the item and provided recommendations.
Ashley Lopus-White commented on the item and provided recommendations.
Helen Broughton commented on the item and provided recommendations.
Jenny Blaker commented on the item and provided recommendations.
Brooke Green commented on the item and provided recommendations.
Councilmembers responded to public comments and discussed the item.
Staff responded to Councilmember inquiries.
A motion was made by Vice Mayor Wolter, Seconded by Councilmember Palla, to continue consideration of the item to a date uncertain in early 2023.
The motion carried by the following vote:
Ayes (3) - Mayor Lands, Vice Mayor Wolter, Councilmember Palla Nay (2) - Councilmember Bagby, Councilmember Cruz.
G.2 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 City Attorney Sanchez presented and responded to Councilmember inquiries.
A motion was made by Councilmember Palla, seconded by Councilmember Bagby, to waive reading of the text and adopt:
RESOLUTION NO. 116-2022 ENTITLED: 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.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None
H. SUBCOMMITTEE REPORTS
Finance, Administration & Police:
Last Meeting Agenda | Next Meeting - December 5, 2022
Planning & Sustainability:
Last Meeting Agenda | Next Meeting - December 20, 2022
Public Works & Facilities:
Last Meeting Agenda | Next Meeting - November 16, 2022
Joint City/Cloverdale Unified School District:
Last Meeting Agenda | Next Meeting - November 14, 2022
Homelessness Community Advisory Group:
Last Meeting Agenda | Next Meeting - December 13, 2022
I. COUNCIL REPORTS
Vice Mayor Wolter reported.
J. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.
K. CITY MANAGER/CITY ATTORNEY REPORT(S)
City Manager Kelley reported.
City Attorney Sanchez reported.
L. STATUS UPDATES
CURRENT IMPACTS TO WATER SUPPLY: City Manager Kelley reported.
COVID-19 EMERGENCY: City Attorney Sanchez reported.
M. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Councilmember Bagby and Cruz reported.
City Manager Kelley addressed Council inquiries.
N. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:34 p.m.
Approved On: December 14, 2022
_________________
Michael Maloney
City Clerk
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
OPEN SESSION:
THIS MEETING IS OPEN TO THE PUBLIC IN
PERSON AND VIA THE ZOOM LINKS BELOW
6:00 PM
PUBLIC PARTICIPATION:
City Council welcomes your interest, attendance, and participation at meetings.
Attendees may join in-person at the Cloverdale Performing Arts Center - 209 N. Cloverdale Blvd, virtually at www.zoom.us/join, or by telephone: 1-(669) 900-6833, both using Meeting ID: 886 4841 6804, or directly at https://us02web.zoom.us/j/88648416804?pwd=QjFHTkt1TGIwMVN4V1lQR0FLRmw1UT09.
Regular City Council meetings are also streamed on YouTube via live webcast at cloverdale.net/youtube.
Members of the public can provide comment on an agenda item in-person or online via Zoom during the public comment periods. Zoom attendees will be muted until they are called upon by the Mayor or City Clerk. To make a public comment on Zoom, use the raise hand icon, or dial*9 if you are calling in. Please state your name for the record. Once you start, you will have three (3) minutes to speak. Please note the Council is unable to respond directly to questions or enter into dialogue with commenters. Written comments may alternatively be submitted prior to the meeting via email to the City Clerk at [email protected]. Please note, all written comments received are considered public records and subject to disclosure under the California Public Records Act.
Council may recess for breaks and agenda items may be taken out of order.
Members of the City Council may participate in the meeting in person or via Zoom consistent with the provisions of Assembly Bill 361 amending the Brown Act.
AGENDA
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, NOVEMBER 9, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 A. OPENING PUBLIC SESSION
Call to Order
Pledge of Allegiance
Roll Call
Conflict of Interest Declaration
Agenda Review (Changes and/or Deletions)
B. PUBLIC COMMENTS
Any person wishing to speak to the City Council on any item not listed on the agenda may do so at this Eme.
Members of the public have the right to speak on any item on the Council Agenda at the Eme the item comes up for consideration. Pursuant to the Brown Act, the City Council is not allowed to consider issues or take action on any item not listed on the agenda. Three minutes are typically allotted to each speaker.
C. COMMUNICATIONS
Council may discuss at this Eme wriFen communications sent to Councilmembers since the last council meeEng.
Written communications to be discussed will be listed below, if any.
D. PROCLAMATIONS/PRESENTATIONS
D.1 Native American Heritage Month
D.2 Proclamation - Commissioner Shanahan Service Recognition D.3 Student Liaison Report
E. CONSENT CALENDAR
All items under the Consent Calendar will be considered together by one acEon of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.
E.1 Approval of the October 26, 2022 meeting minutes
Recommended Action(s):
Approve the October 26, 2022 Draft Minutes
E.2 Cancellation Notice of the November 23, 2022 and December 28, 2022 regularly scheduled City Council meetings.
Recommended Action(s):
Cancel the November 23, 2022, and December 28, 2022, City Council meetings and request the City Clerk to notify and post the attached cancellation notices accordingly.
E.3 A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361 Recommended Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Proclamation - Native American Heritage Month
Proclamation - Commissioner Shanahan Service Recognition October 26 2022 - Draft Minutes
November 23, 2022 - Cancellation Notice
December 28, 2022 - Cancellation Notice
2 Bill 361.”
E.4 A Resolution of the City Council of the City of Cloverdale Approving an Agreement with the County of Sonoma Registrar of Voters for Election Services
Recommended Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving an Agreement with the County of Sonoma Registrar of Voters for Election Services." E.5 Resolution Amending the budget for 1. To hire with Green Valley Engineering Inc. for the Engineering Services Associated with Public Works Inspections 2. To cover expenses related to an emergency roll up door installation at Furber Park.
Recommended Action(s):
Adopt the attached resolution titled, “A resolution of the City Council of the City of Cloverdale approving a Budget Amendment to hire Green Valley Engineering for public works inspections in an amount not to exceed $24,000 and $19,323.86 for an emergency roll up door installation at Furber Park."
E.6 Amendment of the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc. (Recology)
Recommended Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving the Second Amendment to Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Between The City of Cloverdale and Recology Sonoma Marin Inc.”
E.7 Agreement with Robert Smith to Provide Code Enforcement Services for the City of Cloverdale.
Recommended Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale approving an agreement with Robert Smith in an amount not to exceed fifty thousand dollars ($50,000) to provide code enforcement services for the City of Cloverdale and authorizing the City Manager to execute said agreement and approve a budget expenditure of fifty thousand dollars ($50,000) to the General Agenda Report
Attachment 1 - Resolution
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Election Services Agreement
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Budget Amendment Form
Attachment 3 - Scope of Work
Attachment 4 - Invoice
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - 2nd Amendment to Franchise Agreement Attachment 3 - Exhibit A1 - Frachise Agreement Exhibit E- Rates Attachment 4 - Performance Review Report by R3
3 Fund (100-50-502-42150-000)."
E.8 Amendment No. 2 to Professional Services Agreement with West Yost Associates, Inc. to provide Interim City Engineer Services
Recommended Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving Amendment No. 2 to the Professional Services Agreement with West Yost, Inc. to Provide Professional Interim City Engineering Services for the Public Works Department, Authorizing the City Manager to Execute said Agreement at a Cost not to Exceed Three Hundred and Eighty five Thousand Dollars ($385,000.00), and Authorizing a Budget Amendment to cover the proposed expense and extend the contract”
E.9 Consideration of Resolution Approving a Memorandum of Understanding with the Dry Creek Rancheria Band of Pomo Indians Regarding the Formation of a Community Facilities District to Reimburse the Cost of Certain Public Infrastructure Improvements Recommended Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Dry Creek Rancheria Band of Pomo Indians Regarding the Formation of a Community Facilities District to Reimburse the Cost of Certain Public Infrastructure Improvements.”
F. PUBLIC HEARINGS
F.1 Adoption of the 2022 California Building Standards Codes and the 2022 Fire Code by Reference and amending Title 15, “Buildings and Construction” of the Cloverdale Municipal Code.
Recommended Action(s):
1) Introduce, by title only and waiving reading of the text, of an Ordinance titled: An Ordinance of the City of Cloverdale Repealing and Replacing Cloverdale Municipal Code Chapters 15.00 through
15.18 and Adopting By Reference the 2022 California Building Standards Code, Title 24; the 2022 California Administrative Code (Part 1) including Tables; the 2022 California Building Code (Part 2) including Tables and Appendices C, I, J, O and P; the 2022 California Residential Building Code (Part
2.5) including Tables and Appendices AH, AQ, AS, AX, and AZ; the 2022 California Electrical Code (Part 3) including Tables and Appendices A, B, C, F, and G; the 2022 California Mechanical Code (Part 4) including Tables and Appendices B, C and F; the 2022 California Plumbing Code (Part 5) including Tables and Appendices A, B, C, D, G, I, J and K; the 2022 California Energy Code (Part 6) including Tables and Appendix 1-A; the 2022 California Historical Building Code (Part 8) including Tables and Appendix A; the 2022 California Fire Code (Part 9) with Appendices, Standards and NFPA Standards by Reference; the 2022 California Existing Building Code (Part 10) including Tables and Appendix A, Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Scope of Work and Proposal
Agenda Report
Attachment 1 - Resolution - PSA for Interim City Engineer Attachment 2 - Exhibit A - West Yost Proposal and Fee Estimate Agenda Report
Attachment 1 - Resolution
Attachment 2 - Memorandum of Understanding
Attachment 3 - MOU Exhibit B - Infrastructure Improvements 4 Chapters A1 through A5 ; the 2022 California Green Building Standards Code (Part 11) including Tables and Appendices A4 and A5; the 2022 California Referenced Standards Code (Part 12 of Title 24) including Tables; and the 2021 International Property Maintenance Code 2) By motion, schedule a public hearing for second reading and adoption of the Ordinance for December 14, 2022, at 6:00 p.m.
G. NEW BUSINESS
G.1 Discussion on Potential Participation in Countywide Ban on Construction of New Gas Station Infrastructure
Recommended 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 G.2 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 Action(s):
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.”
H. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Video are available at www.cloverdale.net/agendacenter Finance, Administration & Police:
Last Meeting Agenda | Next Meeting - December 5, 2022
Planning & Sustainability:
Last Meeting Agenda | Next Meeting - December 20, 2022
Agenda Report
Attachment 1 - Ordinance (Redline)
Attachment 2 - Ordinance
Agenda Report
Attachment 1 - RCPA Staff Report and Resolution
Attachment 2 - RCPA Presentation
Attachment 3 - Climate Emergency Resolution
Attachment 4 - Sect 18.02.095
Attachment 5 - Letter from CONGAS dated October 14, 2022 Late Correspondence as of 11.8.22 at 3pm
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Salary Schedule
5 Public Works & Facilities:
Last Meeting Agenda | Next Meeting - November 16, 2022
Joint City/Cloverdale Unified School District:
Last Meeting Agenda | Next Meeting - November 14, 2022
Homelessness Community Advisory Group:
Last Meeting Agenda | Next Meeting - December 13, 2022
I. COUNCIL REPORTS
I.1 Reports
J. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
K. CITY MANAGER/CITY ATTORNEY REPORT(S)
L. STATUS UPDATES
CURRENT IMPACTS TO WATER SUPPLY:
COVID-19 EMERGENCY:
M. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
N. ADJOURNMENT
The next regular meeting of the City Council is scheduled for December 14, 2022.
CERTIFICATE OF POSTING
I, Mike Maloney, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted on 1) the outdoor bulletin board at City Hall, 124 N. Cloverdale Blvd., Cloverdale, CA 95425, and 2) Cloverdale Performing Arts Center, 209 N. Cloverdale Blvd., Cloverdale, CA 95425; online at cloverdale.net/agendacenter and made available for public review at least 72 hours prior to the meeting as required by the Brown Act.
Date posted: 11.2.2022 Time posted: 5 p.m. City Clerk Signature: s/Mike Maloney
IMPORTANT NOTICES REGARDING CITY COUNCIL MEETINGS
DISABLED OR SPECIAL NEEDS ACCOMMODATION: In compliance with the Americans with DisabiliEes Act, if you need assistance to aFend or parEcipaEon in a City Council meeEng, please contact the City Clerk's office at 894-2521.
NoEficaEon at least 72 hours prior to the meeEng will assist the City Clerk in assuring those reasonable accommodations are made to provide accessibility to the meeting.
AB343 REQUIREMENTS: Any wriEngs or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspecEon in the City Hall offices located at 124 N. Cloverdale Blvd., Cloverdale, CA 95425 during normal business hours.
WAIVER WARNING: If you challenge decisions/direcEons of the City Council in court, you may be limited to raising only those issues you or someone else raised at public hearings described in this agenda, or in wriFen correspondence delivered to the City of Cloverdale, or prior to, the public hearing.
TRANSCRIPTIONS: The City does not transcribe its proceedings. Anyone who desires a verbal record of this meeEng should arrange for an aFendant by a court reporter or for other acceptable means of recording. Such arrangement will Councilmember Bagby
6 be at the sole expense of the individual requesEng the recordaEon. QuesEon about this agenda should be directed to City Hall at 707-894-2521. Video recordings are available at cloverdale.net/agendacenter The City of Cloverdale thanks you in advance for taking all precautions to prevent spreading COVID-19. 7 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE DECLARING NOVEMBER 2022 NATIVE AMERICAN HERITAGE MONTH IN CLOVERDALE WHEREAS, Native American Heritage Month, is a time to celebrate the many achievements and contributions made by Native American to our economic, cultural, spiritual, and political development; and WHEREAS, the first American Indian Day in a state was declared on the second Saturday in May 1916 by the governor of New York; and
WHEREAS, what started at the turn of the century as an effort to gain a day of recognition for the significant contributions the first Americans made to the establishment and growth of the U.S., has resulted in a whole month being designated for that purpose; and WHEREAS, In 1990 President George H. W. Bush approved a joint resolution designating November “National American Indian Heritage Month”; and
WHEREAS, Congress chose November to celebrate Native American Heritage month for its cultural significance as the month when Native Americans conclude their traditional harvest season; and WHEREAS, November 28, 2008 Native American Heritage Day is first celebrated as a national holiday, proclaimed by U.S. President George W. Bush and the following year U.S. President Barack Obama signed the Native American Heritage Day Act of 2009 into law, declaring that the holiday would take place every year on the day after Thanksgiving; and
WHEREAS, In 2021 President Joe Biden proclaimed the observance to function as a reminder of the historic and current inequality facing Native Americans, as well as to honor Native American veterans and service members; and
WHEREAS, As of 2021, there are 574 federally recognized Tribes in the U.S. and while many Native Americans reside on reservations, about 71 percent do not; and WHEREAS, the Cloverdale Rancheria of Pomo Indians includes nearly 500 members, who are descendants of the indigenous people from the Cloverdale area and lived upon these lands for many centuries; and WHEREAS, the City of Cloverdale is proud to honor the history and contributions of Indigenous Americans in our community, throughout our state, and nation.
WHEREAS, November is an opportunity to grow our understanding of Native culture, traditions, and how historical traumas have impacted Native peoples throughout history; and NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Cloverdale does hereby declare November 2022 as Native American Heritage Month in Cloverdale and encourages all citizens to learn about and celebrate together the rich traditions, languages, and many contributions of Native Americans.
Dated: November 11, 2022
SO ORDERED:
_____________________________
Todd Lands, Mayor
8 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PRESENTED
TO MIKE SHANAHAN FOR HIS SERVICE TO THE COMMUNITY OF CLOVERDALE ON THE
CLOVERDALE PLANNING COMMISSION
WHEREAS, Mike Shanahan was originally appointed to the Planning Commission in 2007 where he served for 15 years after he was appointed by the City Council.
WHEREAS, during his term on the Planning Commission, Mike participated in the City’s General Plan Update, the creation of its Station Area/Downtown Plan, the creation of the Alexander Valley Resort Specific Plan and the drafting of a major overhaul of the City’s outdated zoning code; and the “Tree Preservation” Ordinance and the Urban Growth Boundary community input process.
WHEREAS, during his tenure as a Planning Commissioner, Mike Shanahan reviewed many development projects including Vine Ridge Senior Living and Vista Oaks and more recently the Baumgardner Ranch and Alexander Valley apartments, served on the Commercial and Residential Design Guidelines subcommittee for the 2009 General Plan Update
WHEREAS, Mike Shanahan is a local business owner providing vital printing services for the citizens of Cloverdale being the first “Certified Green Business” in Cloverdale; and has served on the CCOC (Wallace House) as a Board member for many years.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cloverdale does hereby proclaim its appreciation to Mike Shanahan for his numerous contributions to the City of Cloverdale as a member of the City Planning Commission, and for his role as a member of many different organizations serving the residents of Sonoma County and the City of Cloverdale.
BE IT FURTHER RESOLVED that I, Todd Lands, Mayor of the City of Cloverdale, along with my fellow Council members, do hereby acknowledge the dedication and significant contributions by Mike Shanahan on behalf of the citizens of Cloverdale.
November 9, 2022
SO ORDERED:
_____________________________
Todd Lands, Mayor
9
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
MINUTES - DRAFT
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, OCTOBER 26, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
CLOSED SESSION
A. OPENING CLOSED SESSION:
-Call to Order: Mayor Lands called the meeting to order at 4 p.m. -Roll Call: Present: Mayor Lands, Vice Mayor Wolter, Councilmember Bagby, Cruz, Palla
Absent: None.
-Closed Session Agenda Review: None.
PUBLIC COMMENTS ON CLOSED SESSION AGENDA:
None.
RECESS TO CLOSED SESSION TO HEAR THE FOLLOWING ITEM(S):
Mayor Lands recessed the meeting to Closed Session at 4:02 p.m.
Mayor Lands rearranged the Closed Session Agenda to hear item A.4, followed by items A.1-A.3.
A.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957)
Title: City Manager
Action: The item was received and filed.
A.2 CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Government Code Section 54957.6)
Labor Negotiator: City Attorney Sanchez
Employee: City Manager
Action: The item was received and filed.
A.3 CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Government Code Section 54957.6)
Labor Negotiator: City Manager Kelley and City Attorney Sanchez Employee Groups: Unrepresented Employees - Executive Management Staff Action: The item was received and filed.
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A.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Government Code Section 54956.8)
Property: APN 116-110-025 and APN 116-110-024
Agency negotiator: City Attorney Sanchez, City Manager Kelley, and Assistant City Manager Thompson
Negotiating parties: Johnson Michael L TR ET AL c/o Gerald Angeli Under negotiation: Price and terms of payment
Action: The item was received and filed.
Mayor Lands adjourned Closed Session at 5:33 p.m.
OPEN SESSION
B. OPENING PUBLIC SESSION
-Call to Order: Mayor Lands called the meeting to order at 6:01 p.m. -Pledge of Allegiance: Mayor Lands led the pledge of allegiance. -Roll Call: Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Cruz, Bagby, Palla -Report out on Closed Session: Mayor Lands Presented.
-Conflict of Interest Declaration: Mayor Lands recused himself from item H.1 due to financial conflicts and Councilmember Cruz recused herself from item H.1 due to a personal relationship with involved parties. -Agenda Review: None.
C. PUBLIC COMMENTS
Shawn Bovee inquired on a New Business item comment period.
Rob Koslowsky inquired on water/sewer rates and communication.
D. COMMUNICATIONS
None.
E. PROCLAMATIONS/PRESENTATIONS
E.1 Student Liaison Report
Student Liaison Garcia reported.
F. CONSENT CALENDAR
Mayor Lands pulled item F.6 from the Consent Calendar at the request of Councilmember Cruz.
A motion was made by Councilmember Cruz, seconded by Councilmember Bagby, to waive reading of the text and adopt items F.1-F.5 of the Consent Calendar.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None
F.1 Approval of Minutes - October 12, 2022
Action: Approved as submitted.
F.2 Reappointment of Eric Sanders to the Planning Commission as a regular member with a term expiration of July 30, 2024, and appointment of Craig Carni as an alternate Commissioner with a term expiration of October 26, 2024
Action: Planning Commission Appointments Approved.
11
F.3 Award of the Cloverdale City Park Basketball Project to Rege Construction, Inc. in the amount of $352,845
Action: Resolution was adopted.
RESOLUTION NO. 102-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AWARDING CLOVERDALE 2ND STREET PARK BASKETBALL PROJECT TO REGE CONSTRUCTION, INC. IN THE AMOUNT OF $352,845, AUTHORIZE AND APPROVE AN OVERALL PROJECT BUDGET OF $388,129 (INCLUDES 10% CONTINGENCY) AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH REGE CONSTRUCTION, INC.
F.4 Accepting Public Improvements for the Cherry Creek Village Project and authorizing City Manager to release the Performance Bond and the Payment Bond Action: Resolution was adopted.
RESOLUTION NO. 103-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED AT 520 SOUTH CLOVERDALE
BOULEVARD AND AUTHORIZING THE CITY MANAGER TO RELEASE UNDISPUTED PERFORMANCE BOND AND PAYMENT BOND.”
F.5 Minor Construction Agreement with PumpMan Norcal for maintenance/repair services at the City of Cloverdale Wastewater Treatment Plant
Action: Resolution was adopted.
RESOLUTION NO. 104-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING AN AGREEMENT WITH PUMPMAN NORCAL IN THE AMOUNT OF $36,830.29 FOR THE REPAIR OF THE EFFLUENT PUMP AT THE CITY’S WASTEWATER TREATMENT PLANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT.
F.6 Adoption of Ordinance amending Title 9 of the Cloverdale Municipal Code to repeal Chapter
9.34, “Human Habitation of Vehicles and Campers”, and add Chapter 9.35, “Protection of Critical Infrastructure and Wildfire Risk Areas”
A motion was made by Councilmember Bagby, seconded by Vice Mayor Wolter, to waive reading of the text and adopt:
THE SECOND READING OF ORDINANCE 749-2022 ENTITLED: ORDINANCE OF THE CITY OF CLOVERDALE AMENDING TITLE 9 OF THE CLOVERDALE MUNICIPAL CODE TO REPEAL CHAPTER
9.34, “HUMAN HABITATION OF VEHICLES AND CAMPERS”, AND ADD CHAPTER 9.35, “PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS” and
RESOLUTION NO 105-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE IDENTIFYING CRITICAL INFRASTRUCTURE FOR THE PURPOSE OF IMPLEMENTING CHAPTER 9.35, “PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS” OF THE CLOVERDALE MUNICIPAL CODE.
The motion carried by the following vote:
Ayes (4) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Palla Nay (1) - Councilmember Cruz
12
G. PUBLIC HEARINGS
G.1 Financing Plan for City’s participation in PG&E Turnkey Program.
City Manager Kelley introduced the item and members of the consultant team presented.
Staff and Consultants responded to Councilmember inquiries and comments.
Mayor Lands opened the Public Hearing at 7:05 p.m.
Resident Koslovsky spoke regarding the project.
City Manager Kelley responded to Public Hearing comments.
Mayor Lands closed the Public Hearing at 7:13 p.m.
Council commented on the item.
A motion was made by Councilmember Bagby, seconded by Vice Mayor Wolter, to waive reading of the text and adopt:
RESOLUTION NO. 106-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING THE PG&E INVESTMENT GRADE AUDIT (“IGA”) AND SUSTAINABLE
SOLUTIONS TURNKEY IMPLEMENTATION WORK ORDER FOR VARIOUS ENERGY AND RETROFIT PROJECTS (“PROJECT’) FOLLOWING THE TERMS OF THE PG&E MASTER SERVICE AGREEMENT AND
AUTHORIZING THE CITY MANAGER TO SUBMIT DOCUMENTATION AND EXECUTE AND ASSOCIATED AGREEMENTS AND APPLICATIONS TO IMPLEMENT THE PROJECT.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None.
A motion was made by Councilmember Bagby, seconded by Councilmember Palla, to waive reading of the text and adopt:
RESOLUTION NO. 107-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING AN EQUIPMENT LEASE PURCHASE AGREEMENT WITH BANC OF AMERICA
PUBLIC CAPITAL CORP (OR ONE OF ITS AFFILIATES) AND RELATED DOCUMENTS AND ACTIONS INCLUDING PROFESSIONAL SERVICES AGREEMENTS WITH W.J. FAWELL CO. (MUNICIPAL ADVISOR)
AND JONES HALL (BOND COUNSEL), AND A PLACEMENT AGENT AGREEMENT WITH OPPENHEIMER & CO., INC.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None.
Mayor Lands recessed the meeting at 7:20 p.m. and reconvened at 7:27 p.m.
H. NEW BUSINESS
Mayor Lands and Councilmember Cruz left the meeting at 7:27 p.m.
Vice Mayor Wolter presided over item H.1.
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H.1 Seed to Soul Payment Plan for local cannabis permitting fees.
Assistant City Manager Thompson and City Manager Kelley presented.
Public Comment:
Jammie King spoke in opposition to the item.
Erin Gore spoke in opposition to the item.
Shawn Bovee spoke regarding the item.
Councilmembers commented on the item and Staff responded to Councilmember inquiries.
Action: The resolution failed due to lack of a motion.
Mayor Lands and Councilmember Cruz returned to the meeting at 7:54 p.m.
H.2 Discussion on RHNA transfer agreement MOU between the County of Sonoma and City of Cloverdale City Manager Kelley presented and responded to Councilmember inquiries.
Councilmembers commented on the item.
A motion was made by Councilmember Cruz, seconded by Councilmember Palla, to authorize the City Manager to execute the MOU.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None.
H.3 Approve a Resolution of the City Council of the City of Cloverdale Approving a Fourth Amendment to At-Will Employment Agreement Between the City of Cloverdale and David Kelley for the Position of City Manager
City Attorney Sanchez presented.
Council commented on the item.
A motion was made by Councilmember Bagby, seconded by Councilmember Palla, to waive reading of the text and adopt:
RESOLUTION NO. 108-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING A FOURTH AMENDMENT TO AT-WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CLOVERDALE AND DAVID KELLEY FOR THE POSITION OF CITY MANAGER.
The motion carried by the following vote:
Ayes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Nay (0) - None.
I. SUBCOMMITTEE REPORTS
Councilmembers reported.
Finance, Administration & Police: Next Meeting - Nov. 7, 2022 Planning & Sustainability: Next Meeting - Dec. 20, 2022 Public Works & Facilities: Next Meeting - Nov. 16, 2020 Joint City/Cloverdale Unified School District: Next Meeting - Nov. 14, 2022 Homelessness Community Advisory Group: Next Meeting - November 8, 2022 14
J. COUNCIL REPORTS
None.
K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
City Manager Kelly and Mayor Lands reported.
Councilmembers reported.
L. CITY MANAGER/CITY ATTORNEY REPORT(S)
City Manager Kelley reported.
City Attorney Sanchez reported and responded to Councilmember inquiries.
M. STATUS UPDATES
CURRENT IMPACTS TO WATER SUPPLY - City Manager Kelley reported.
COVID-19 EMERGENCY - None.
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Councilmember Cruz reported and Chief Ferguson responded to inquiries.
O. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:34 p.m.
Approved On: November 9, 2022
_________________________
Mike Maloney, City Clerk
15 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
CANCELLED
No ce is hereby given that the City Council Mee ng of the City of Cloverdale has CANCELLED its regularly scheduled meeting of November 23, 2022.
Dated: November 1, 2022
s/Mike Maloney
City Clerk
AGENDA
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, NOVEMBER 23, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 16
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
CANCELLED
No ce is hereby given that the City Council Mee ng of the City of Cloverdale has CANCELLED its regularly scheduled meeting of December 28, 2022.
Dated: November 1, 2022
s/Mike Maloney
City Clerk
AGENDA
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, DECEMBER 28, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 17
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.3
November 9, 2022
Agenda Section:
Consent
Staff Contact:
Jose M. Sanchez, City Attorney
Agenda Item Title:
A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Bill 361.” ________________________________________________________________________________________ Background:
All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that legislative bodies make specified findings. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. AB 361 allows a local agency legislative body to hold a meeting utilizing teleconferencing without complying with the standard teleconferencing requirements if the Governor has proclaimed a State of Emergency and if the local Public Health Officer recommends social distancing measures to protect the public’s health and safety during local government meetings. These conditions currently exist.
________________________________________________________________________________________ Summary:
Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic, which is still in effect. In addition, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.
The attached Resolution makes the findings to confirm the current conditions to allow continued teleconference meetings pursuant to AB 361 for the City Council and other legislative bodies of the City. The attached Resolution will become effective upon adoption. This will allow members of the public to safely observe and participate in local government meetings during the continued pandemic. 18 City Council
November 9, 2022
Item No. E.3
If a meeting is held via teleconference under AB 361, the following requirements apply:
1. Notices and agenda requirements remain the same under the Brown Act;
2. No physical location is required for public attendance or public comment. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;
3. Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;
4. If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;
5. Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;
6. If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and
7. When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.
In order to continue to hold remote meetings, the City Council may declare every 30 days that they have reconsidered the state of emergency conditions and either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) state or local officials continue to impose or recommend measures to promote social distancing. The City Council may also readopt their original findings under AB 361 to hold remote teleconference meetings if more than 30 days have passed. ________________________________________________________________________________________ Alternative Options:
1. Do not adopt the Resolution authorizing continued remote meetings. ________________________________________________________________________________________ Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
Continued remote access to City Council meetings will continue current additional expenses. ________________________________________________________________________________________ Attachments:
1. Resolution
19 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. [XX]-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361 WHEREAS, the City of Cloverdale (the “City”) is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M. Brown Act (Cal. Gov.
Code §54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and
WHEREAS, the Ralph M. Brown Act makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of Government Code Section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of the novel coronavirus disease (“COVID19”); and WHEREAS, on March 18, 2020, the City Council adopted Resolution Number 032-2020, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City may make certain findings within thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the State of Emergency declared by the Governor pursuant to Government Code section 8625, and state or local officials continue to impose or recommend measures to promote social distancing; and 20 WHEREAS, the State of Emergency declared by the Governor pursuant to Government Code section 8625 continues to be in effect; and
WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and
WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures recommended by local officials.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLOVERDALE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Current Conditions Authorize Teleconference Public Meetings of the Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and the Sonoma County Public Health Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions exist pursuant to Government Code section 54953(e)(1) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
REGULARLY PASSED AND ADOPTED by the City Council of the City of Cloverdale on this 9th day of November, 2022 by the following vote:
AYES: ( )
NOES: ( )
ABSTAIN:( )
ABSENT: ( )
APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Mike Maloney, City Clerk
21 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.4
November 9, 2022
Agenda Section:
Consent
Staff Contact:
Mike Maloney, City Clerk
Agenda Item Title:
A Resolution of the City Council of the City of Cloverdale Approving an Agreement with the County of Sonoma Registrar of Voters for Election Services
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving an Agreement with the County of Sonoma Registrar of Voters for Election Services ________________________________________________________________________________________ Summary:
The City of Cloverdale consolidates its elections with County, State and/or Federal elections that occur at the same time. In accordance with California Government Code § 51300 et. seq., the City has entered into an agreement with Sonoma County to administer these elections. Cloverdale pays the County for its share of the costs, on a cost reimbursement basis.
The City and County are currently operating under a four (4) year agreement, due to expire December 31, 2022. Adopting the resolution would approve an updated agreement, which would be in effect beginning January 1, 2023, and continue in force and effect until notice of termination is given or December 31, 2027, whichever occurs first.
________________________________________________________________________________________ Alternative Options:
1. Do not adopt the Resolution Adopting an Agreement with the County of Sonoma Registrar of Voters for Election Services.
________________________________________________________________________________________ Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
According to the agreement with the County, Cloverdale reimburses the County for actual costs associated with administering the City’s election. The City typically has elections every two years, and budgets funds accordingly.
________________________________________________________________________________________ Attachments:
1. Resolution
2. Exhibit A - Election Services Agreement
22 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. XXXXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN
AGREEMENT WITH THE COUNTY OF SONOMA REGISTRAR OF VOTERS FOR ELECTION SERVICES WHEREAS, the current agreement with the County of Sonoma providing services necessary to conduct municipal elections in the City of Cloverdale will expire on December 31, 2022; and WHEREAS, it is the City of Cloverdale’s desire to utilize the services of Sonoma County to conduct municipal elections.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby approve the agreement with the County of Sonoma for the provision of municipal election services as set forth in the attached agreement (Exhibit A), and authorizes the Mayor to execute said agreement.
It is hereby certified that the foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 9 th day of November, 2022, by the
following voice vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved: Attested:
_________________________
Mike Maloney, City Clerk
_____________________
Todd Wolter, Mayor
Attachment:
Exhibit A - Election Services Agreement
23 1
CITY OF CLOVERDALE
AGREEMENT FOR ELECTION SERVICES
This agreement (“Agreement”) is made and entered into on January 1, 2023 (“Effective Date”), by and between the County of Sonoma, a political subdivision of the State of California (hereinafter “County”), and the City of Cloverdale, a municipal corporation (hereinafter “City”).
The parties mutually agree as follows:
1. This Agreement is made and entered into pursuant to Government Code Section 51300 et seq. and is subject to all the provisions thereof.
2. At the City’s request, the County shall render the following services to the City:
a. Conduct, manage, and supervise all municipal elections held within the City during this period pursuant to all applicable state and federal laws governing the conduct of municipal elections;
b. Procure and furnish all supplies and equipment to be used in said elections, including those supplies required to meet the federal Help America Vote Act (HAVA); c. Perform all related services and functions necessary to the accomplishment of this Agreement including any additional language requirements that may be imposed as a result of the federal Voting Rights Act during the term of this Agreement.
3. This Agreement shall be in effect once signed by both parties, beginning January 1, 2023 and shall continue in force and effect until notice of termination is given pursuant to Section 12 of this Agreement, or December 31, 2027, whichever occurs first.
4. For the purposes of conducting said elections, the Sonoma County Clerk-Recorder-Assessor (“County Elections Official”) shall exercise such powers and duties conferred by law upon the clerk of the City with respect to elections, as agreed to by both parties. Such duties shall include, but not be limited to, those powers and duties set forth in Division 3, commencing with Section 3000; Division 10, Part 2, commencing with Section 10100, excluding the issuance and filing of nomination documents unless specifically agreed upon in writing by the County Elections Official and the City Clerk not less than 180 days prior to the date of the municipal election; Division 13, commencing with Section 13000; and Division 15, commencing with Section 15000, of the California Elections Code.
5. The City shall designate within its resolution or ordinance calling the election and requesting the consolidation with the general election, the procedure to follow if the qualified nominees do not exceed the number of seats to be filled at that election. If the resolution does not specify the City elects to follow the procedure set forth in Elections Code 10229, subdivision (a)(1)-(2), the County shall be entitled to proceed with an election in accordance with subdivision (a)(3) as reasonably necessary to comply with printing deadlines, and in all such cases the City shall pay all applicable costs.
6. The County shall not be obligated to conduct any election, the procedures for the administration of which are not specified in state law; nor any election which employs any method of tabulation of votes other than a “one vote equals one vote” manner, including, but 24 2
not limited to, those methods referred to as choice voting, cumulative voting, distributive voting, instant run-off voting, ranked choice voting, limited voting, or preferential voting.
Adoption by the City of an alternative method of voting terminates this contract, unless both parties agree in writing to amend the Agreement to provide for administration of the alternative voting method.
7. Upon the completion of the official canvass of the votes cast, and upon proper demand by the County, the City shall forthwith reimburse the County for any and all expenses incurred by the County in connection with said election as follows:
a. EQUIPMENT AND SUPPLIES:
i. The County shall procure all equipment and supplies in the name of, and on behalf of, the City.
ii. The amount, source and nature of said equipment and supplies will be determined in accordance with applicable laws. The County will have complete discretion in making determinations in procurement of equipment and supplies. iii. Expenses incurred by the County in the accomplishment of this Section 6 of the Agreement shall, at the option of the County, either be paid directly by the City upon confirmation by the County, or shall be paid to the County upon proper demand. b. POSTAGE: Postage shall, upon request of the County, either be prepaid by the City by warrant in the requested amount payable to the U.S. Postal Service or be paid to the County upon proper demand.
c. VOTING LOCATIONS AND ELECTION OFFICIALS: The City shall, upon proper written demand by the County, pay its pro-rata share of vote center expenses and compensation of election officials attributable to the conduct of such election, including the cost of insurance if necessary.
d. COUNTY STAFF SERVICES AND SUPPLIES: The City shall pay its pro-rata share of expenses incurred by the County for staff services and use of County supplies. “Expenses” as used in this subsection shall include the cost or the reasonable value of the following:
i. Time and effort expended by County officers and employees; ii. Equipment and supplies furnished by the County;
iii. Any other necessary expenditures made by the County in the accomplishment of this Agreement.
e. CORRECTIONS: The City agrees to bear the cost of correcting errors, including reprinting and mailing of information, if determined to be necessary, once the City Clerk has approved the final typeset version of ballot materials. f. The “pro-rata share” in this Agreement shall be determined by dividing the number of registered voters in the city by the total number of aggregate registered voters in all cities/districts going to election.
8. The City shall provide suitable locations for vote centers, ballot drop boxes and/or the consolidation of returns and perform any other necessary functions, including the issuance of 25 3
Vote by Mail ballots or establishment of additional Vote by Mail drop-off or early voting locations, if requested by the County.
9. County employees assigned to duties in the performance of this Agreement shall remain at all times under supervision or control of the County. The City shall exercise no supervision or control of such employees. If questions arise on the part of the City as to performance, such questions shall be referred directly to the County Elections Official as the supervisor of such employees, and the determination or resolution of questions or problems shall be settled as mutually agreed upon by the parties to this Agreement. For purposes of workers’ compensation insurance, it is intended that all persons performing services under this Agreement shall remain in the general service of the County, and that their services on behalf of the City shall be considered a special employment which shall not subject the City to liability under workers’ compensation laws. However, it is understood that the County, in computing the cost of its services hereunder, may take into account its direct cost of providing workers’ compensation insurance coverage for such employees in proportion to time spent in the performance of this Agreement. The City shall hold harmless, defend and indemnify the County from and against any liability, claims, actions, costs, damages or losses to any person, or damage to any property, arising out of the City’s activities under this Agreement. The County, in computing its costs of services under this Agreement, may take into account the direct cost of providing adequate liability insurance to cover operations under this Agreement. The parties understand that each party maintains insurance programs under workers’ compensation laws and in protection of various other liability risks and exposures; each party shall continue to maintain such programs as a matter of its own discretion. In the event liability is imposed upon the parties to this Agreement under any circumstances in which the above provisions of this paragraph do not control, and if the liability is joint and several, the parties shall contribute equally to the settlement of any claim or judgment. The City shall not be obligated or liable for payment hereunder to any party other than the County.
10. Notwithstanding anything to the contrary in this Agreement, the City has ultimate responsibility for canvassing the returns of any election held hereunder, County shall not be obligated in any case to defend or prosecute any action at law or equity arising out of any such election or contesting the validity of any such election. The City shall be responsible for defending any court action brought to challenge any election held pursuant to this Agreement.
11. It is expressly recognized that this Agreement transfers ministerial duties only. In the event that policy questions arise, such questions will be referred to the City for decision by the appropriate City officials.
12. For any fiscal year commencing after December 31, 2022, either the City or the County, at the time of its respective annual budget deliberations, may terminate this Agreement by giving the other party a ninety-day (90) written notice of termination. In such event, the County will not be responsible for the conduct of elections occurring thereafter. If no such notice is given, this Agreement shall continue year-to-year until expiration of the term.
13. All notices, bills, and payments shall be made in writing and shall be given by personal delivery or by U.S. Mail or courier service. Notices, bills, and payments shall be addressed as follows:
26 4
To City: Mike Maloney, City Clerk
City of Cloverdale
124 N. Cloverdale Blvd
PO Box 217
Cloverdale, CA 95425-0217
To County: Deva Marie Proto
Clerk-Recorder-Assessor
585 Fiscal Drive, Room 104
Santa Rosa, CA 95403
When a notice, bill or payment is given by a generally recognized overnight courier service, the notice, bill or payment shall be deemed received on the next business day. When a copy of a notice, bill or payment is sent by facsimile or email, the notice, bill or payment shall be deemed received upon transmission as long as (1) the original copy of the notice, bill or payment is promptly deposited in the U.S. mail and postmarked on the date of the facsimile or email (for a payment, on or before the due date), (2) the sender has a written confirmation of the facsimile transmission or email, and (3) the facsimile or email is transmitted before 5 p.m. (recipient’s time). In all other instances, notices, bills and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this paragraph.
14. This Agreement constitutes the complete and exclusive statement of the agreement between the County and the City and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter.
15. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
16. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
17. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
18. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
CITY OF CLOVERDALE
By:
Mayor
Date:
ATTEST:
City Clerk
Date:
COUNTY: COUNTY OF SONOMA
CERTIFICATES OF INSURANCE ON
FILE WITH AND APPROVED AS TO
SUBSTANCE FOR COUNTY:
By:
Department Head
Date:
APPROVED AS TO FORM FOR
COUNTY:
By:
County Counsel
Date:
COUNTY OF SONOMA
By:
Chair
Sonoma County Board of Supervisors
Date:
ATTEST:
Clerk of the Board of Supervisors
28 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.5
November 9, 2022
Agenda Section:
Consent
Staff Contact:
Kevin Thompson, Assistant City Manager/ Comm. Dev.
Agenda Item Title:
Resolution Amending the budget for 1. To hire with Green Valley Engineering Inc. for the Engineering Services Associated with Public Works Inspections 2. To cover expenses related to an emergency roll up door installation at Furber Park.
________________________________________________________________________________________ Recommended Council Action(s):
Adopt the attached resolution titled, “A resolution of the City Council of the City of Cloverdale approving a Budget Amendment to hire Green Valley Engineering for public works inspections in an amount not to exceed $24,000 and $19,323.86 for an emergency roll up door installation at Furber Park. _______________________________________________________________________________________ Background/Summary:
Given the City’s current short staffing, Public Works inspections are conducted by our interim City Engineer.
Given her limited availability, and off-site work location, this has proven inconvenient for permit holders seeking inspections, as well as inefficient use of City Engineer’s time. The attached resolution amends the budget to hire Green Valley Engineering for on-call public works inspection services. The fees collected from encroachment permits are anticipated to cover the cost of the inspections. Green Valley has an inspector who lives in Cloverdale adding to the convenience of this proposal.
Over the past summer, Furber park snack shack has experienced several break ins and vandalism. After the most recent break in, staff authorized the installation of two aluminum roll up doors designed for security.
The total cost of installation was $17,810. Because this was an unforeseen project, funding was included in the FY 2022/23 budget. The attached resolution amends the budget to include this project. _______________________________________________________________________________________ Alternative Options:
1. Reject the proposed resolution that approves a budget amendment to cover a contract with Green Valley Engineering for public works inspection services and the installation of an aluminum roll up door.
2. Request modifications to amendments and continue the matter to a future Regular Council Meeting. ________________________________________________________________________________________ Subcommittee Recommendation:
Not reviewed.
________________________________________________________________________________________ Budget/Financial Impact:
The cost of the engineering services will be recovered through the budgeted encroachment permit fees and will require an amendment to the general fund in the amount of $24,000. Roll up doors to be paid for through the general fund/parks in the amount of $19,324.
________________________________________________________________________________________ Attachments:
1. Resolution
2. Exhibit A - Budget Amendment Form
3. Scope of work from Green Valley
4. Invoice for roll-up doors installation 29
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ____ –2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A
BUDGET AMENDMENT FOR ENGINEERING INSPECTION SERVICES FROM GREEN VALLEY NOT TO EXCEED $24,000; AND AMEND THE BUDGET TO REFLECT $19,324 IN COSTS
ASSOCIATED WITH THE INSTALLATION OF ALUMINUM ROLL UP DOORS AT FURBER PARK AND AMEND THE FY 2022-23 BUDGET TO REFLECT THIS CHANGE WHEREAS, the City Manager on September 23, 2023, approved a Professional Services Agreement with Green Valley Engineering to provide engineering inspection services not to exceed $24,000; and WHEREAS, the need for additional inspection services for public works projects are required; and WHEREAS, City Staff requested Green Valley Engineering to provide a scope of work for the additional inspection services; and
WHEREAS, Consultant proposes to increase the total "Not to Exceed Amount" by $24,000 to perform the tasks outlined in the attached Scope of Work; and
WHEREAS, the snack shack at Furber Park has experienced break-ins and vandalism over the past year; and WHEREAS, in order to secure the facility, aluminum overhead doors were installed to secure the snack shack facility; and
WHEREAS, the FY 2022/2023 budget did not include funding for the installation of the aluminum overhead doors; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a budget amendment the General Fund 100.50.602.42150 in the amount of $24,000 to hire Green Valley Engineering for public works inspection services to be reimbursed through payment of encroachment permit fees and an approves an amendment to the budget allocating $19,324 for aluminum roll up doors at Furber Park in the FY 2022-23 General Fund Parks Budget 100.40.404.42150 to include these expenditures. 30 The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 9thday of November 2022 by the following roll call vote:
AYES: (_)
NOES: (_)
ABSTAIN: (_)
ABSENT: (_)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachment:
Exhibit A - Budget Amendment Form
31 Budget Amendment Form
REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount
REVENUE TOTAL -
EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
100 40.404 19,324
100 50.602 24,000
EXPENDITURE TOTAL 43,324
PURPOSE
on-call Public Works Inspections
Date Date
Date Entered by Date
Prepared By
S Holmes
Department Head Finance Manager
Date Prepared
November 1, 2022
Account Description Account No.
Parks/Public Works
Account No.
Misc Contract Services
Requesting Department
Account Description
City Manager
Misc Contract Services
42150.000
42150.000
FY 22/23 Budget Amendment to include aluminum roll-up doors and X:\Agenda Development\COUNCIL\2022 REPORTS\11-9-2022\B. Consent\5 Budget Amendment Green Valley\Attachment 2 - Exhibit A - Budget Amendment Form 32 municipal engineering
civil engineering
construction management
construction inspection
Restoring Yesterday…Creating Tomorrow
July 18, 2022
Mr. Kevin Thompson
Assistant City Manager
City of Cloverdale
124 N. Cloverdale Blvd.
Cloverdale, CA 95425
Re: Request for Contract for Encroachment Inspection Services for the Various Projects (Project) Dear Kevin:
I have prepared a brief scope of work that will address providing services to the City associated with encroachment and land development inspection. It is our understanding that the work will include both on-site and off-site construction support services.
Our inspection services will correspond to the attached Exhibit A. At this time, we understand that we will provide both on and off-site construction monitoring of grading operations, underground utilities, and joint trench facilities as well as concrete flatwork such as curb and gutter, driveways, sidewalks and pedestrian ramps and overseeing the grades and placement of upcoming paving operations as directed by the City representative.
We understand that the City will require encroachment applicants to provide 24-hours’ notice for inspections and developers are required to provide 48-hours’ notice. Inspection callouts are anticipated to vary from 4 hours per day to 8 hours depending on the proposed work for that day/week.
We are hoping to facilitate the work as much as feasible to help with the final completion and acceptance of the housing and various projects under construction and will coordinate work with City representatives, Developer and Contractor as feasible.
We will maintain significant oversight during all operations to ensure that the proper implementation and monitoring of SWPPP’s and BMP’s for erosion protection and to monitor adherence to traffic control and noise control plans is being adhered to by the various Contractors/building teams.
Inspector $170/hr
Vehicle $15/hr
Please feel free to contact me directly at [email protected] or 707.579.0388 or on my cell phone at 707.326.5620 with any questions.
Sincerely,
Liz Ellis, P.E.
Principal
33 municipal engineering
civil engineering
construction management
construction inspection
Restoring Yesterday…Creating Tomorrow
SCOPE OF SERVICES
On-Call Inspection Services by Green Valley Consulting Engineers for the City of Cloverdale
Daily Field Inspection & Documentation
Green Valley will provide daily, on-site inspections of the construction activities to ensure that the contract work conforms to the contract documents and Governing Construction Standards. The on-site inspector will provide documentation of the work on daily inspection reports. Daily inspection reports may be submitted to the City on a weekly basis for the previous week’s work. Green Valley will also document the work in progress with digital photos. Other important tasks of the on-site inspector include public relations and safety measures, especially traffic control measures during construction.
If requested, our Inspector will confirm that all design permit requirements are met and will act as the liaison between the Contractor, Construction Manager, and other stakeholders. Specifically, we can assist with the following work:
Measurement of work, pay requests, change order support, and related contract issues Coordination of all required testing as specified by the Contract documents Quality Control/Assurance of construction approach and written communications We know that documentation and communication is critical to the success of construction projects, and we are committed to keeping the Construction Manager, City staff and other stakeholders informed regarding critical construction details, progress of the work and costs of the project. We will document all construction issues with the following reports:
Daily inspection Reports
Requests for Information (RFI)
The Contractor will be required to submit all Requests for Information in writing. The Inspector will work under the direction of the appointed City representative to follow up as needed with the Contractor to clarify requests, obtain needed information and provide direction as required to proceed with the work.
Closeout & Record Drawings
We will work with the City and the Contractor to keep a “record set” of drawings if applicable to document changes and as-built conditions of original design plans. Once construction is completed to the satisfaction of the City, we compile all pertinent files and related information and submit to the City for their permanent records. We will furnish the City the following:
Record drawings if applicable
Project Photos
All contract files and records
34 municipal engineering
civil engineering
construction management
construction inspection
Restoring Yesterday…Creating Tomorrow
335 Tesconi Circle, Santa Rosa, California 95401 ꞏ web www.gvalley.com ꞏ tel 707.579.0388
FEE SCHEDULE
GREEN VALLEY CONSULTING ENGINEERS
Hourly Rates
(Effective January 2022)
*Prevailing wage rates subject to DIR increases
Expert Witness $500/hr Plus Expenses
Principal $225
Project Manager $165-$235
Project Engineer $155-$210
Construction Manager $185-$235
Assistant Construction Manager $150-$215
Staff Engineer $125-$165
CAD Technician $115-$145
Survey Crew $180-$265
Professional Land Surveyor $180
Field Personnel $115-$145
Construction Inspector $145-$185
Construction Inspector Overtime $175-$200
Construction Inspector Night $175-$215
Prevailing Wage Inspector $155-$190*
Prevailing Wage Overtime $175-$200*
Prevailing Wage Double Overtime $200-$235*
Prevailing Wage Night $175-$200*
Prevailing Wage Night OT $195-$215*
Prevailing Wage Night OT Double $240-$255*
Administrative/Word Processing $80-$100
Vehicle Rate $15.00/hour
Employee time will be billed in accordance with the fees listed above. For non-professional employees, time spent over 8 hours per day, time spent on evening or night shifts, and time spent on Saturdays will be charged at 1.5 times the hourly billing rate. Time spent in excess of 12 hours a day or work performed on Sundays or holidays will be charged at 2.0 times the hourly billing rate. All field personnel charges are portal to portal. Professional employees will not be charged out at premium charge rates for overtime work.
Use of Company-Owned Equipment and Specialized Supplies The cost of using company-owned equipment and specialized supplies is included in the hourly rates billed to our projects.
Miscellaneous External Expenditures
Miscellaneous external expenditures, such as those costs associated with blueprints, and reproduction of originals will be billed at the actual cost. Subconsultant charges will be billed at cost unless specified otherwise. Mileage will be billed at current IRS rates. 35 Appointment Invoice Number
6/27/2022 4530883
Bill To Address
City of Cloverdale
124 N Cloverdale Boulevard
Cloverdale, CA 95425
Project Address
City of Cloverdale
Counter Doors
102 Grape Cables Way
Cloverdale, CA 95425
Terms
Per Contract
Invoice Due Date
7/27/2022
Technician
Spring Size
Commercial
Operator
652 3 - 6'x3'6" Crank
PO#
12160
SO#
1937491
1st
Total
Balance Due
Subtotal
Sales Tax (8.25%)
Payments/Credits
280-7516 Miguel
1805 Empire Industrial Ct.
Santa Rosa, Ca 95403
Email: [email protected]
Phone: (707) 542-4949
Please include Invoice Number with payment.
Terms are based on Appointment Date.
Invoices with a Balance after 15 days of Terms,
may be assessed a Finance Charge of 18% APR per month
OR $25.00, whichever is greater.
$20.00 fee for returned checks.
We offer a 1 Year Installation Warranty on Labor &
a Limited Parts Warranty based on the products offering.
Thank you for your business.
Time In Time Out
Signature Payment
Door Series & Size
Overhead Door Company
of Santa Rosa Inc
Description Quantity Rate Amount
6'3'6" Model 652 Aluminum Counter Door with F-158 Slats in Clear Anodized with Silde Lock & Hand Crank
3 5,936.67 17,810.01
Pre Appointment Notes:
Install 3 652 series Doors
Miguel will meet there - CALL on way - estimated 8:00am After Appointment Notes:
Installed (3) ODC 652 Series Counter Doors in Clear Anodized with Hand Crank.
Job completed by George, Chris & Gener -- 8a - 12p.
$17,810.01
$17,810.01
$17,810.01
$0.00
$0.00
36 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.6
November 9, 2022
Agenda Section:
Consent
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Amendment of the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc. (Recology).
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution (Attachment 1) entitled, “A Resolution of the City Council of the City of Cloverdale Approving the Second Amendment to Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Between The City of Cloverdale and Recology Sonoma Marin Inc.”
________________________________________________________________________________________ Background:
In March 2011, the City entered into a solid waste and recycling collection franchise agreement (Agreement) with Redwood Empire Disposal, Inc. (“RED”) for the exclusive right to perform collection services in Cloverdale. The Agreement sets forth the types of solid waste and recycling services performed in the City.
On August 18, 2017, the City received a request from RED to assign the Agreement to Recology Sonoma Marin (“RSM”), which is a wholly owned subsidiary of Recology, Inc. (“Recology”). In December 2017, the City Council adopted Resolution No. 084-2017, approving the assignment of the Agreement with RED to Recology.
Per the Agreement between the City and Recology, a special rate review (Section 6.6) may occur in conjunction with a performance review (Section 8.3). Per Section 6.6, a special rate review shall be requested in writing at least six (6) months prior to the proposed effective date of any rate adjustment. Recology initially requested a Special Rate Review on September 28, 2021 for rates effective in 2022 and subsequently submitted an updated Special Rate Review application on June 14, 2022.
Special Rate Review
In response to Recology’s rate application, City staff contracted with R3 Consulting Group, Inc., to perform an independent review of Recology’s Special Rate review request along with a Performance Review of Recology Sonoma Marin’s services. The agreement was amended by the City Council on July 27, 2022, to assist the City in complying with SB 1383 Regulations by implementing a 3 container Organic Waste collection service. A summary of findings from the Special Rate Review was provided to the City Council on August 24, 2022. The special rate review covered the following rate topics:
• Cost-of-Service and Reasonable Operating Profit
• Normal Increases in Operating Costs
• SB 1383 Compliant Services and Associated Costs
• Franchise Fee
• Other Rate Saving Adjustments
o removal of the pre-payment discount, which provides a 1/12 discount to residential customers that choose to pay in advance for an entire year of service. o increase commercial and multifamily rates slightly more than residential rates. 37 City Council/Successor Agency Agenda Item Summary
November 9, 2022
Item No. E.6
Following the Presentation of three rate options (Option 1 – 4-year Phase-in, Option 2 – 3-year Phase-in and Option 3 – Single-year Increase) on August 24th, the City Council adopted Resolution 082-2022 which approved the following actions:
1. Option 1 - Phasing-in rate adjustment over 4-years, making the first effective date of rate adjustment December 1, 2022, as shown in Exhibit E, and extending the Agreement 15 years via Amendment through December 31, 2040; and
2. Direct the City Manager to negotiate an Amendment to the Agreement with Recology that would make appropriate adjustments relating to the pre-payment discount, franchise fee, and term length and return to Council for approval of such Amendment by December 1, 2022 Option 1 – 4-year Phase-in
3. Option 1 results in the smallest increase in rates for 2022-23 and phases-in rate adjustments over four (4) years. This option (as opposed to the normal rate adjustment date of September 1). Option 1 results in a 2022-23 increase of $3.92 per month for 20-gallon residential customers, $5.37 per month for 32-gallon residential customers, $8.42 per month for 64-gallon residential customers, and $10.89 per month for 96-gallon residential customers. Rates in future years would increase approximately 14% in rate year 2023-24, approximately 8% in 2024-25, and approximately 4.88% in 2025-26
________________________________________________________________________________________ Summary:
In order to implement Option 1 of Recology’s Special Rate Review request approved by the City Council, the following amendments to the Franchise Agreement are necessary:
1. Effective Date. This Amendment will take effect December 1, 2022.
2. Section 5.4.1 (Residential Annual Pre-Payment Rate) of the Agreement is removed in its entirety.
3. Section 6.5.5 (Adjustments to Franchise Fee Component) of the Agreement is amended in its entirety to read as follows:
“The franchise fee component of each rate is calculated by taking the then-current component value and adjusting it by the same CPI percentage change that is applied to the franchise fee in the annual adjustment under Section 7.1 (i.e. a 3.5% CPI increase in the franchise fee in a given year results in a concurrent 3.5% increase in the franchise fee component of each rate).”
4. Section 7.1 (Franchise Fees of the Agreement) is hereby amended in its entirety to read as follows:
“In addition to any other fees agreed upon by the parties, Contractor shall pay to the City, in monthly installments beginning in December 2022, a franchise fee of $235,000 per annum, increased annually on each September 1 thereafter, by the annual percentage change in CPI for All Urban Consumers( CPI-U), area coverage (San Francisco-Oakland-Hayward, CA), Series ID (CUURS49BSA0) Series title (All Items in San Francisco-Oakland-Hayward, CA, all urban consumers, not seasonally adjusted) index base period (1982-84=100 ) hereinafter referred to as CPI, measured for the previous twelve (12) months ending June of each year, applied as a percentage increase to the collection component of the then current monthly rate of the franchise fee.”
5. Section 7.4.2 Franchise Fees of the Agreement is hereby amended in its entirety to read as follows:
38 City Council/Successor Agency Agenda Item Summary
November 9, 2022
Item No. E.6
7.4.2 Franchise Fee. The monthly statement must specify, and the Contractor must pay at the same time the monthly Franchise statement is due, the Franchise fee of 1/12 of the annual Franchise fee payment detailed in section 7.1 of this agreement. The first payment, beginning in December 2022, will be 1/12 of $235,000. CPI escalation factor adjustments to the franchise fee will occur annually on September 1st each year. In September 2023 the payment will increase to be 1/12 of the sum of the initial $235,000 plus the annual CPI escalation factor as described in section 7.1 of this agreement.
The franchise fee will be adjusted in the same manner on September 1 each subsequent year.
6. Section 6.4.1 of the Agreement is hereby amended in its entirety to read as follows:
“Franchise fees payable by Contractor to City in excess of the amount required by Section 7.1.”
7. A new Section 6.7 is hereby added to the Agreement to read in its entirety as follows:
“6.7 Step Increases. In addition to RRI adjustments or any other rate adjustments provided for under this Agreement, the rates set forth in Exhibit E shall be increased by an additional 10% effective September 1, 2023, an additional 8% effective September 1, 2024, and (if the term is extended) an additional 5.55% effective September 1, 2025.
6. Exhibit E of the Franchise Agreement is hereby amended in its entirety and replaced with the updated attached Exhibit E.
Performance Review
Concurrent to the Special Rate Review, R3 completed the Performance Review of Recology’s operations and compliance with the terms and conditions of the agreement. The Performance Review involved conducting on-site reviews of records, staff interviews, analyze policies, procedures, and internal controls, and field verification audits. R3 assessed contractual obligations and Recology’s overall hauler’s operations including billing and franchise fee payments, collection operations efficiency, diversion efforts, performance for various safety practices, customer service, collection productivity, and vehicle maintenance benchmarks to industry standards. The objectives of the Performance Review were:
• To determine the extent to which Recology has materially complied with the requirements of its current Franchise Agreement with the City.
• To assess the accuracy of Recology customer billings and remittance payments to the City. • To provide recommendations, as appropriate, for continuous improvement of provided services.
R3 found that Recology is providing effective solid waste management services to the City and is compliant with its primary contractual obligations. R3 identified a few areas for improvement which have been communicated to Recology to resolve. For example, older service containers can be replaced with new, consistently colored and labeled containers. Similarly, certain best management practices for safety can be refreshed. Overall, the Performance Review did not result in identification of critical issues that would impede the City’s consideration of the Special Rate Review request or consider extension of the Agreement. R3’s report of Performance Review is attached.
________________________________________________________________________________________ Options:
1. Do not Approve the Resolution Approving the Second Amendment to Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Between the City Of Cloverdale and Recology Sonoma Marin Inc.; or
2. Provide alternative direction to staff.
39 City Council/Successor Agency Agenda Item Summary
November 9, 2022
Item No. E.6
________________________________________________________________________________________ Subcommittee Recommendation:
In June, the Public Works Subcommittee was provided an update on the Special Rate Review process and recommended bringing the item forward for Council direction. The item was initially brought forward to Council on July 27, 2022, with R3 briefing the Council on the underlying factors resulting in Recology’s request for Special Rate Review as well as Recology’s performance under the Agreement. On August 24th the City approved a special rate increase which required an amendment to the Franchise Agreement.
RSM and the City will continue negotiating the formal extension of the Agreement along with a series of clean-up changes suggested by Recology. Any future amendment for these items will be brought to the Council in early 2023 following review of the proposed changes. ________________________________________________________________________________________ Budget/Financial Impact:
Proposed rate adjustments would set the 2022-23 franchise fee at $235,000 for the rate year, which represents an increase of approximately $20,000 in the franchise fee over budgeted amounts. Via the proposed rate adjustments and resultant amendments to the Agreement, the franchise fee would increase annually by CPI maintaining stability and predictability in the annual franchise fee in future rate years. ________________________________________________________________________________________ Attachments:
1. Resolution
2. Exhibit A - Second Amendment to Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Between the City of Cloverdale and Recology Sonoma Marin
3. Exhibit A1- Franchise Agreement Exhibit E: Rates
4. Recology Sonoma Marin Performance Review Report by R3 40
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. XXX-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A SECOND AMENDMENT TO
FRANCHISE AGREEMENT FOR COLLECTION, DISPOSAL, AND PROCESSING OF SOLID WASTE, RECYCLABLES,
AND COMPOSTABLE MATERIALS AND RELATED ACTIVITIES BETWEEN THE CITY OF CLOVERDALE AND
RECOLOGY SONOMA MARIN
WHEREAS, the City of Cloverdale and Recology are parties to a franchise agreement for the collection, disposal and processing of solid waste, recyclables and compostable materials and related activities originally dated March 23, 2011, hereinafter called “Agreement”; and
WHEREAS, the Agreement is set to expire on June 30, 2025, unless otherwise extended via Amendment to the Agreement; and
WHEREAS, Section 6.6 of the Agreement provides for Recology to submit for a Special Rate Review, and Recology requested a Special Rate Review in 2021 for intended effectiveness in 2022; and WHEREAS, the City engaged R3 Consulting Group Inc. (R3) to review Recology’s request for Special Rate Review, which included a review of how prior rate adjustments – which included adjustments for new collection vehicles – were addressed in the new request for rate increase; and WHEREAS, Section 8.3 of the Agreement permits the City to conduct Performance Review of Recology, and the City engaged R3 to conduct a review of Recology, including review of overall compliance with the Agreement, safety practices, landfill diversion, customer billing and service, and other performance elements; and WHEREAS, R3’s review of Recology’s performance found that Recology operates a well-run solid waste collection operation that meets industry standards; and WHEREAS, R3’s review of Recology’s request for Special Rate review found that Recology is operating at a loss in the City; and
WHEREAS, R3’s review further investigated, validated and otherwise reduced (via adjustments) the basis for Recology’s request for Special Rate Review, with the primary factors for increasing rates including covering the cost of providing services, earning a reasonable profit, normal increases in operating costs, and City-approved costs related to implementation of the SB 1383 Regulations; and WHEREAS, on July 27, 2022, the City Council approved the First Amendment to the Agreement with Recology (Resolution 082-2022) which approved increasing solid waste rates to fund compliance with SB 1383; and WHEREAS, on July 27, 2022, the Council also considered options for increases to solid waste rates per the Special Rate Review; and
WHEREAS, the Council stated its preference to phase-in rate increases over several years, made possible via an extension to the Agreement; and
41
WHEREAS, the City has sole and exclusive discretion regarding whether to grant some, all, or none of the requested Special Rate Review; and
WHEREAS, Section 8.12.090 (Rates) of the Cloverdale Municipal Code sets forth “The City Council may by resolution from time to time amend the maximum rates that contractors may impose for the collection, disposal, and processing of solid waste, recyclable materials and compostable materials and related services within the City”; and
WHEREAS, recommended adjustments to Recology’s Special Rate Review request include removing the prepayment discount, flattening the City’s franchise fee, and cost-of-service market adjustments to commercial rates, some of which will require documentation via future Amendment to the Agreement; and WHEREAS, On August 24, 2022, the City Council reviewed three potential options for adjusting rates in response to Recology’s request for Special Rate Review; and WHEREAS, On August 24, 2022, the City Council Adopted Resolution No. 082-2022 approving the maximum allowable solid waste, composting and recycling rate schedule shown in Exhibit E, attached hereto, to be effective December 1, 2022; and
WHEREAS, Resolution 082-20022 directed the City Manager to negotiate an Amendment to the Agreement with Recology that would make appropriate adjustments relating to the pre-payment discount, franchise fee, and term length and return to Council for approval of such Amendment by December 1, 2022.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale does hereby:
1. Approve the second amendment to franchise agreement for collection, disposal, and processing of solid waste, recyclables, and compostable materials and related activities between the City of Cloverdale and Recology Sonoma Marin; and
2. Authorize the City Manager to execute the Second Amendment to the Franchise Agreement in a final form approved by the City Attorney.
It is hereby certified that the foregoing Resolution No. 0XX-2022 was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on the 9th day of November 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED ATTEST:
_______________________ _______________________
Gus Wolter, Vice Mayor Michael Maloney, City Clerk
Attachments:
1. Second Amendment To Franchise Agreement For Collection, Disposal, And Processing Of Solid Waste, Recyclables, And Compostable Materials And Related Activities Between The City Of Cloverdale And Recology Sonoma Marin
2. Exhibit E to Franchise Agreement
42 1
SECOND AMENDMENT TO FRANCHISE AGREEMENT FOR COLLECTION, DISPOSAL,
AND PROCESSING OF SOLID WASTE, RECYCLABLES, AND COMPOSTABLE MATERIALS
AND RELATED ACTIVITIES BETWEEN THE CITY OF CLOVERDALE AND RECOLOGY
SONOMA MARIN
This Second Amendment to Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities (this “Amendment”)is entered into as of November ___, 2022 between the City of Cloverdale (“City”) and Recology Sonoma Marin (“Recology”), as assignee of Redwood Empire Disposal Inc. (collectively the City and Recology are “Parties”).
WHEREAS, City and Recology are parties to a Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables and Compostable Materials and Related Activities, dated as of March 23, 2011 (such agreement, the “Original Agreement”); WHEREAS, the Parties amended the Original Agreement by a First Amendment dated August 31, 2022, to assist City in complying with the SB 1383 Regulations (the Original Agreement as amended by the First Amendment, the “Agreement”);
WHEREAS, the City Council directed the City Manager to negotiate an Amendment to the Agreement with Recology that would make appropriate adjustments relating to the pre-payment discount, franchise fee, and term length and return to Council for approval of such Amendment by December 1, 2022;
NOW, THEREFORE, the Parties agree as follows:
1. Effective Date. This Amendment shall take effect December 1, 2022.
2. Section 5.4.1 (Residential Annual Pre-Payment Rate) of the Agreement is hereby removed in its entirety.
3. Section 6.5.5 (Adjustment to Franchise Fee Component) of the Agreement is hereby amended in its entirety to read as follows:
“The franchise fee component of each rate is calculated by taking the then-current component value and adjusting it by the same CPI percentage change that is applied to the franchise fee in the annual adjustment under Section 7.1 (i.e. a 3.5% CPI increase in the franchise fee in a given year results in a concurrent 3.5% increase in the franchise fee component of each rate).”
4. Section 7.1 (Franchise Fees) of the Agreement is hereby amended in its entirety to read as follows:
“In addition to any other fees agreed upon by the parties, Contractor shall pay to the City, in monthly installments beginning in December 2022, a franchise fee of $235,000 per annum, increased annually on each September 1 thereafter, by the annual percentage change in CPI for All Urban Consumers (CPI-U), area coverage (San Francisco-OaklandHayward, CA), Series ID (CUURS49BSA0), Series title (All Items in San FranciscoOakland-Hayward, CA, all urban consumers, not seasonally adjusted), index base period (1982-84=100), hereinafter referred to as CPI, measured for the previous twelve (12) months ending June of each year, applied as a percentage increase to the then-current monthly rate of the franchise fee.”
43 2
5. Section 7.4.2 Franchise Fees of the Agreement is hereby amended in its entirety to read as follows:
“7.4.2 Franchise Fee. The monthly statement must specify, and the Contractor must pay at the same time the monthly Franchise statement is due, the Franchise fee of 1/12 of the annual Franchise fee payment detailed in section 7.1 of this agreement. The first payment, beginning in December 2022, will be 1/12 of $235,000. CPI escalation factor adjustments to the franchise fee will occur annually on September 1st each year. In September 2023 the payment will increase to be 1/12 of the sum of the initial $235,000 plus the annual CPI escalation factor as described in section 7.1 of this agreement. The franchise fee will be adjusted in the same manner on September 1 each subsequent year.
6. Section 6.4.1 of the Agreement is hereby amended in its entirety to read as follows:
“Franchise fees payable by Contractor to City in excess of the amount required by Section
7.1.”
7. A new Section 6.7 is hereby added to the Agreement to read in its entirety as follows:
“6.7 Step Increases. In addition to RRI adjustments or any other rate adjustments provided for under this Agreement, the rates set forth in Exhibit E shall be increased by an additional 10% effective September 1, 2023, an additional 8% effective September 1, 2024, and (if the term is extended) an additional 5.55% effective September 1, 2025.
8. Exhibit E of the Agreement is hereby amended in its entirety and replaced with the updated attached Exhibit E.
9. Miscellaneous. In the event of any conflict between this Amendment and the Agreement, this Amendment shall govern. Section headings in this Amendment are for convenience only and shall not be used in the interpretation of this Amendment. This Amendment may be executed in counterparts and/or by electronic signature (e.g., DocuSign). As used in this Amendment, “including” and its variants mean “including without limitation.” [Remainder of this page intentionally left blank]
44 3
IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.
City of Cloverdale
By:
Name: David J. Kelley
Title: City Manager
Date:____________________________
APPROVED AS TO FORM:
________________________________
Jose M. Sanchez
City Attorney
ATTEST:
________________________________
City Clerk
Recology Sonoma Marin
By:
Name: Salvatore M. Coniglio
Title: Chief Executive Officer
Date:____________________________
45 EXHIBIT E – RATES
Contractor agrees to pay the expenses of conducting an analysis of residential and commercial solid waste disposal rates within the Sonoma County region. Based on the results of the analysis, the Parties will negotiate rates that reflect the rates within the region. Contractor may provide City with a revenue-neutral rate adjustment proposal. Until such time as the rate study is completed and the Parties agree to new rates, the rates set via Cloverdale City Council Resolution No. 047-2009, dated July 22, 2009, of which a copy of Exhibit A is attached hereto, shall remain in effect.
In addition to the rates set via Resolution No. 047-2009, the following rates for other services are established effective upon the execution of this Franchise agreement. The rates for these services will be included in the analysis conducted by the consultant as set forth in section 6.2 of this Franchise agreement.
46 City of Cloverdale Maximum Approved Rates
Rates Effective 12/1/2022
By Component
Residential Cart Collection
R2020-Gallon Cart $14.51 $3.72 $3.85 $2.73 $24.81
R3535-Gallon Cart $22.09 $4.31 $3.85 $3.74 $34.00
R6060-Gallon Cart $37.38 $6.25 $3.85 $5.87 $53.35
R9090-Gallon Cart $46.54 $11.01 $3.85 $7.59 $68.99
ROFFR Road Charge $9.33 $1.15 $10.48
XPUExtra Pick up $12.88 $1.46 $1.77 $16.10
RWALK Carry Charge per Cart $2.59 $0.32 $2.91
Low Income Discount (20% Discount)
CARE20 20-Gallon Cart $17.66 $2.18 $19.85
CARE35 35-Gallon Cart $24.20 $2.99 $27.20
CARE60 60-Gallon Cart $37.99 $4.70 $42.68
CARE90 90-Gallon Cart $49.12 $6.07 $55.20
CAREROFFR Road Charge $7.46 $0.92 $8.38
CARERWALK Carry Charge per Cart $2.07 $0.26 $2.32
Commercial Cart and Bin Collection $0.00
1.5 Cubic Yd Bin
C1HYG1 x week $150.08 $96.67 $3.85 $30.97 $281.58
C1HYG2 2 x week $238.99 $193.34 $3.85 $53.91 $490.10
C1HYG3 3 x week $324.16 $290.02 $3.85 $76.39 $694.41
C1HYGXPU Extra Pick-up $64.47 $22.31 $3.85 $11.20 $101.84 2 Cubic Yd Bin
C2YG1 x week $180.41 $128.90 $3.85 $38.71 $351.87
C2YG22 x week $282.22 $257.79 $3.85 $67.22 $611.09
C2YG33 x week $384.63 $386.69 $3.85 $95.81 $870.98
C2YGXPU Extra Pick-up $78.28 $29.75 $3.85 $13.83 $125.71 3 Cubic Yd Bin
C3YG1 x week $191.54 $193.34 $3.85 $48.05 $436.78
C3YG22 x week $306.89 $386.69 $3.85 $86.20 $783.63
C3YGXPU Extra Pick-up $88.43 $44.62 $3.85 $16.92 $153.82 4 Cubic Yd Bin
C4YG1 x week $197.20 $257.79 $3.85 $56.71 $515.56
C4YG22 x week $291.20 $515.58 $3.85 $100.19 $910.83
C4YG33 x week $374.51 $773.38 $3.85 $142.35 $1,294.09
C4YGXPU Extra Pick-up $94.90 $59.50 $3.85 $19.56 $177.81 6 Cubic Yd Bin
C6YG1 x week $273.69 $386.69 $3.85 $82.10 $746.33
C6YG22 x week $295.24 $773.38 $3.85 $132.55 $1,205.02
C6YGXPU Extra Pick-up $125.09 $89.24 $3.85 $26.97 $245.15 Carts
C35 1 - 35 Gal Cart 1xw $31.15 $8.92 $3.85 $5.43 $49.36 C64 1 - 64 Gal Cart 1xw $62.15 $19.34 $3.85 $10.55 $95.89 C96 1 - 96 Gal Cart 1xw $94.73 $28.26 $3.85 $15.68 $142.52 CXPUExtra Pick-up $17.24 $3.85 $2.61 $23.70
Commercial Solid Waste Compactor Special Services
CPUSHBackyard Charge $46.46 $5.74 $52.20
CWKBNSideyard for Fee Service $46.46 $5.74 $52.20
KEY Key Charges $18.61 $2.30 $20.91
ENCLOSURE Enclosure Charges $46.46 $5.74 $52.20
GATEGate Service Charges $18.61 $2.30 $20.91
LONGLong Walk Charge $46.46 $5.74 $52.20
COMMERCIAL OVERAGE Commercial Overage per Cubic Yard $64.55 $14.87 $9.82 $89.24 CLEAN UP 4 yd Cleanup Bin (3 days) $253.37 $59.50 $38.67 $351.53 Contaminated Recycle, yard waste or food scrap:
CONTAMCART Cart $33.23 $4.11 $37.34
CONTAMBIN Bin (plus $88.7 per yard) $33.23 $4.11 $37.34 FOR Cleaning Fee for food scrap Bin/Cart in excess of 1 per year $83.05 $10.26 $93.31 REPLACECART Replacement Cart after 1/year $129.54 $16.01 $145.55 REPLACEBIN Replacement Bin after 1/year $219.23 $27.10 $246.33 RETURNSame day return trip for Bin/Cart blocked or not at curb $27.41 $3.39 $30.79 CLOSEDACCT Fee to reinstate account closed for nonpayment $41.50 $5.13 $46.63 ADDLYWAdd'l Recycle or Yard Waste Cart (after 2) $27.41 $3.39 $30.79 Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Total Rate
Effective
12/1/2022
EXHIBIT E – RATES
47 City of Cloverdale Maximum Approved Rates
Rates Effective 12/1/2022
By Component
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Total Rate
Effective
12/1/2022
Commercial Solid Waste Debris Box Service:
20Y 20 yard or less $313.47 $297.48 $75.51 $686.46
30Y 30 yard & 40 yard $359.93 $297.48 $81.25 $738.66
MSWDISP Disposal per ton over 2 tons $148.74 $18.38 $167.12 C&D Debris Box containing >10% recyclables (2 tons charged when delivered; excess billed) 20YCD20 yard or less $313.47 $297.48 $75.51 $686.46
30YCD30 yard & 40 yard $359.93 $297.48 $81.25 $738.66
Wood (disposal billed separately @ $114.48 per ton based on tag 20YW20 yard or less $193.32 $23.89 $217.21
30YW30 yard & 40 yard $213.37 $26.37 $239.74
20YB20 yard or less $193.32 $23.89 $217.21
30YB30 yard & 40 yard $213.37 $26.37 $239.74
Recycling
20YR20 yard or less $213.37 $26.37 $239.74
30YR30 yard & 40 yard $213.37 $26.37 $239.74
Dirt - half-full box allowed (disposal billed separately @ $7.09 per ton based on tag) 20YD20 yard or less $426.73 $52.74 $479.48
Concrete - half-full box allowed (disposal billed separately @ $25.29 per ton based on tag) 20YCT20 yard or less $213.37 $26.37 $239.74
Compactor MSW Solid Waste Compactors
3YCMP3 yard once/week $312.52 $366.95 $72.92 $92.99 $845.38 3YCMP2 3 yard twice/week $624.93 $733.90 $145.83 $185.97 $1,690.63 3YCMP3 3 yard three times/week $935.81 $1,100.85 $218.75 $278.76 $2,534.16 Other sized compactors (disposal billed separately @ $174.15 per tag) 20YCMP 20 yard or less compactor $371.68 $45.94 $417.62 25YCMP 25 yard compactor $464.60 $57.42 $522.02
30YCMP 30 yard compactor $557.51 $68.91 $626.42
Furniture
Twin Twin $69.76 $34.76 $12.92 $117.43
Double / Full Double / Full $69.76 $34.76 $12.92 $117.43 QueenQueen $69.76 $34.76 $12.92 $117.43
King King $69.76 $34.76 $12.92 $117.43
Bed Frame Bed Frame $67.28 $13.91 $10.03 $91.23
Couch (under 6 feet) Couch (under 6 feet) $67.28 $13.91 $10.03 $91.23 Upholstered Chairs Upholstered Chairs $67.28 $13.91 $10.03 $91.23 Wooden Chairs Wooden Chairs $67.28 $13.91 $10.03 $91.23 Dinette Tables Dinette Tables $67.28 $13.91 $10.03 $91.23 Household
Rug (9x12) Rug (9x12) $67.28 $13.91 $10.03 $91.23
VacuumVacuum $67.28 $13.91 $10.03 $91.23
Appliances
Water Heater - up to 100 gallon Water Heater - up to 100 gallon $67.28 $13.91 $10.03 $91.23 Oven Oven $68.11 $20.85 $11.00 $99.96
Oven (stove top) Oven (stove top) $68.11 $20.85 $11.00 $99.96 Oven (stove unit) Oven (stove unit) $68.11 $20.85 $11.00 $99.96 Microwave Microwave $67.28 $13.91 $10.03 $91.23
Garbage Compactor Garbage Compactor $67.28 $13.91 $10.03 $91.23 Refrigerator Refrigerator $91.89 $13.91 $13.08 $118.87
FreezerFreezer $69.76 $34.76 $12.92 $117.43
Air Conditioner Air Conditioner $69.76 $34.76 $12.92 $117.43 Washing Machine Washing Machine $68.11 $20.85 $11.00 $99.96 DryerDryer $68.11 $20.85 $11.00 $99.96
Building Materials
Household Doors Household Doors $67.28 $13.91 $10.03 $91.23 Sink Sink $67.28 $13.91 $10.03 $91.23
ToiletsToilets $67.28 $13.91 $10.03 $91.23
Windows (less than 3' by 4' only) Windows (less than 3' by 4' only) $67.28 $13.91 $10.03 $91.23 Windows larger than 3x4 Windows larger than 3x4 $101.94 $13.91 $14.32 $130.16 Brush (disposal billed separately @ $114.48 per ton based on tag) 48 City of Cloverdale Maximum Approved Rates
Rates Effective 12/1/2022
By Component
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Total Rate
Effective
12/1/2022
Yard & Garden
Gas Mower (must be drained of gas & oil) Gas Mower (must be drained of gas & oil) $67.28 $13.91 $10.03 $91.23 BBQ BBQ $67.28 $13.91 $10.03 $91.23
Ping Pong Table Ping Pong Table $67.28 $13.91 $10.03 $91.23 Exercise Bike Exercise Bike $67.28 $13.91 $10.03 $91.23 Swing Sets Swing Sets $67.28 $13.91 $10.03 $91.23
Bike Bike $67.28 $13.91 $10.03 $91.23
Electronics
Computer Monitor or Computer Tower/CPU Computer Monitor or Computer Tower/CPU $67.28 $13.91 $10.03 $91.23 Television Television $67.28 $13.91 $10.03 $91.23
Large Screen Television Large Screen Television $83.97 $13.64 $12.06 $109.67 Console Television Console Television $83.97 $13.64 $12.06 $109.67 Stereo Equipment Stereo Equipment $67.57 $13.64 $10.04 $91.25 VCR/Home Entertainment VCR/Home Entertainment $67.57 $13.64 $10.04 $91.25 Printer / Fax Printer / Fax $67.57 $13.64 $10.04 $91.25 Copier (table top) Copier (table top) $67.57 $13.64 $10.04 $91.25 Copier (small stand alone) Copier (small stand alone) $80.02 $102.33 $22.54 $204.89 Oversize Office Equipment Oversize Office Equipment Price Varies Price Varies Price Varies Car Parts
Engine Block (completely drained of fluids) Engine Block (completely drained of fluids) $67.28 $13.91 $10.03 $91.23 Car Seats Car Seats $67.28 $13.91 $10.03 $91.23
Bumper / Grill etc. Bumper / Grill etc. $67.28 $13.91 $10.03 $91.23 Passenger Vehicle Tire Passenger Vehicle Tire $67.28 $13.91 $10.03 $91.23 Truck or Tractor Tire Truck or Tractor Tire Price Varies Additional Items
Items under 60 lbs. Items under 60 lbs. $67.28 $13.91 $10.03 $91.23 Items over 60 lbs. Items over 60 lbs. $83.45 Price Varies $10.31 Price Varies Items requiring special handling or disposal Items requiring special handling or disposal $83.45 Price Varies $10.31 Price Varies New Rate Effective 9/1/2022
Alliance, Hospital & Medical Center New Rates
Alliance
Alliance6 YD 2x/Week $669.33 $552.49 $2.78 $151.36 $1,375.97 Hospital
H3YD3 YD 1x/Week $289.61 $138.12 $2.78 $53.21 $483.73
H20Y20 YD Permanent Box/Pull $309.31 $287.81 $73.80 $670.92 New Rate Effective 9/1/2022
Coppertower's Medical Center New Rates
Coppertower's Medical Center
CMC2x2 2 Yd 2 x Week $241.58 $257.79 $3.85 $62.20 $565.42 Coppertower's Medical Center
CMC96G1 - 96 Gal Cart 1 x Wk (20% Discount) $77.69 $28.26 $3.85 $13.57 $123.38 Franchise Fee
Component
Total Rate
Effective
12/1/2022
Collection
Component
Disposal
Component
Compostable
Component
Compostable
Component
Collection
Component
Disposal
Component
Total Rate
Effective
12/1/2022
Franchise Fee
Component
49 FINAL REPORT
City of Cloverdale
Submitted electronically: October 10, 2022
Performance Review of
Recology Sonoma Marin
50 1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com October 28, 2022
Mr. David Kelley
City of Cloverdale
124 North Cloverdale Boulevard
Cloverdale, CA 95425
submitted via email: [email protected]
SUBJECT: Final Report – Performance Review of Recology Sonoma Marin Dear Mr. Kelley,
R3 Consulting Group, Inc. (R3) is pleased to submit our Final Report of the Performance Review of Recology Sonoma Marin (Recology) the City of Cloverdale (City).
The objectives of the project were:
To determine the extent to which Recology has materially complied with the requirements of its current Franchise Agreement with the City.
To assess the accuracy of Recology customer billings and remittance payments to the City.
To provide recommendations, as appropriate, for continuous improvement of provided services.
We appreciate the opportunity to be of assistance to the City and wish to thank City and Recology staff for their cooperation during our audit. Everyone was forthcoming and provided our team with the information needed to effectively assess operations and develop recommendations. * * * * *
If you have any questions or would like to discuss our Final Report in more detail, please don’t hesitate to reach out directly. Upon receipt of comments from the City, we will amend our report as appropriate and provide a Final Report to the City.
Sincerely,
Alex Soulard | Sr. Consultant Ryan Calkins | Sr. Managing Consultant R3 Consulting Group, Inc. R3 Consulting Group, Inc.
707.888.8693 | [email protected] 559.917.3829 | [email protected] 51 TABLE OF CONTENTS
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin TOC
1. Executive Summary ................................................................... 1
1.1 Background ..................................................................................................................... 1
1.2 Scope of Review ............................................................................................................. 1
1.3 Project Approach ............................................................................................................ 2
1.4 Limitations ....................................................................................................................... 2
1.5 Summary of Findings ...................................................................................................... 2
1.6 Recommendations .......................................................................................................... 4
2. Operational Performance Review ............................................. 6
2.1 Methodology ................................................................................................................... 6
2.2 Franchised Services ....................................................................................................... 6
2.3 Findings .......................................................................................................................... 7
2.4 Recommendations ........................................................................................................ 11
3. Customer Service Review ....................................................... 12
3.1 Methodology ................................................................................................................. 12
3.2 Findings ........................................................................................................................ 12
3.3 Recommendations ........................................................................................................ 14
4. Franchise Agreement & Regulatory Compliance Review ...... 15
4.1 Methodology ................................................................................................................. 15
4.2 Findings ........................................................................................................................ 15
4.3 Recommendations ........................................................................................................ 17
5. Billing Audit & Financial Assessment ..................................... 18
5.1 Methodology ................................................................................................................. 18
5.2 Findings ........................................................................................................................ 18
5.3 Recommendations ........................................................................................................ 19
6. Diversion & Legislative Compliance Review .......................... 21
6.1 Methodology ................................................................................................................. 21
6.2 Findings ........................................................................................................................ 21
6.3 Recommendations ........................................................................................................ 21 52 Table of Contents
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin TOC Tables
1 Test of Customer Service Call Wait Times ................................................................... 13 2 Compliance Review Breakdown ................................................................................... 15 3 Residential Billing Audit ................................................................................................. 18 4 Residential Rates Surveyed from Active Customer List ................................................ 18 5 Franchise Fee Payments FY 2019-22 .......................................................................... 20 6 Diversion Rate .............................................................................................................. 21 Figures
1 Clean and Labeled Commercial Bins .............................................................................. 9 2-6 Inconsistent Bin Types and Colors ............................................................................... 16 Attachment
1 Contract Compliance Checklist
53 1. EXECUTIVE SUMMARY
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 1 of 21
1.1 Background
Recology Sonoma Marin (Recology) has an exclusive Franchise Agreement (FA) with the City of Cloverdale (City) for the collection of residential, commercial, and industrial solid waste, recyclables and green waste. The current Franchise Agreement expires on June 30, 2025.
Prior to Recology, the City contracted with the Ratto Group for the collection of residential, commercial, and industrial solid waste, recyclables and green waste. Section 8.3 of the FA specifies that the City may conduct reviews of Contractor’s performance (Performance Review).
The purpose of the Performance Review was to verify that:
Service Recipient rates have been properly calculated and that they correspond to the level of service received by the Service recipient.
Franchise Fees and other fees required under this Agreement have been properly calculated and paid to City.
Contractor has complied with the reporting requirements and performance standards of the Agreement.
Diversion percentages reported by Contractor are accurate.
Additionally, R3 reviewed the following items as part of the conducted Performance Review:
Overall organizational structure, management systems and procedures.
Efficiency of collection operations, including an analysis of routes, schedules and the impact of FA requirements.
Staffing practices, including the deployment of management and supervisory personnel.
Financial management practices, including Recology’s billing and collection system and its policies regarding interruptions to customer accounts.
Personnel management practices, including compensation policies and the resolution of employee grievances.
Employee job and safety training, and management of Hazardous Waste.
Procedures for receiving and resolving customer and service recipient complaints and concerns.
Procedures for the acquisition, maintenance, safety inspection and replacement of equipment.
Utilization and management of facilities, equipment and personnel.
Comparison of practices to businesses similar to Recology.
1.2 Scope of Review
To review the operational, financial, and contractual performance of Recology’s operations, identify areas of concern or contractual non-compliance, and provide recommendations for improvement as applicable.
The major objectives of our review were to:
1. Determine the extent to which Recology has materially complied with the provisions of the Franchise Agreement (FA and Regulatory Compliance Review).
2. Determine the effectiveness of Recology’s management and administrative systems and identify areas of opportunity for improvements to management practices, policies and procedures (Operational Performance Review).
3. Verify that Recology is fulfilling its financial obligations as stated in the Franchise Agreement, including the proper billing of customers and the accurate remittance of Franchise Fees. (Billing Audit and Financial Assessment).
54 Executive Summary
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 2 of 21
1.3 Project Approach
Our project approach was designed to address the major tasks identified in our proposal; however, we tailored the course of our review to focus most of our time and effort on identified issues that directly impact the City and its ratepayers. More specifically, safety, customer service, Franchise Agreement compliance, and the accuracy of customer billings and Franchise Fee payments to the City
1.4 Limitations
Our review relied in part on the availability of data from Recology. In instances where such data was unavailable, not provided, or in a form that did not allow for efficient and effective review, our analysis was limited and has been noted accordingly within the body of this report.
1.5 Summary of Findings
Overall, we found that Recology is providing effective solid waste management services to the City and is compliant with most of its contractual obligations except for a few items where R3 determined partial compliance.
A further analysis of findings (both where Recology is doing well and where R3 found an area of opportunity for improvement) identified during the Performance Review are provided below.
1.5.1 Operational Performance Review
Recology is an employee-owned business that provides collection services exclusively to the City.
They are doing many things well, including the following:
Staffed Appropriately – Recology’s staffing is in line with industry standards for an operation of its size.
Presence of Litter – Minimal residential post-service litter was observed during our route audit(s). Additionally, areas around commercial bins, including within enclosures, were generally free of litter or accumulated trash.
Drivers Knowledge of City – Recology’s current staff of drivers have serviced Cloverdale for considerable time and are very familiar with the City.
While Recology is doing many things right, the following items were identified as areas of opportunity that require improvement due to contractual obligation, or were identified as areas that are not necessarily out of compliance but could be problematic in the future and warrant further evaluation by Recology:
Pre-Trip Inspections – Recology has an adequate protocol for vehicle inspections, both prior to leaving the yard in the morning, and upon returning to the yard at the end of the day. However, an observation of the application of the pre-trip inspection protocol varied by driver. It is recommended that Recology conduct regular Pre-Trip Inspection trainings and ensure that all drivers are performing full inspections including a full brake test and hydraulic system via operation of the arm before leaving the yard in the morning.
Overweight Vehicle Occurrences – During 2021 1.95% of all residential loads were reported overweight, 4.96% of multifamily loads were reported as overweight, and 2.70% of commercial loads were reported as overweight.
Vacancy of Area Safety Manager – Recology provides comprehensive and adequate safety training. However, application of safety training has been inconsistent in the absence of a dedicated Safety Manager. The position has been open since early 2022.
Older Containers – Service Carts are of a variety of colors, conditions, and ages coordinated and stamped with the company logo.
55 Executive Summary
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 3 of 21 Diversion – Recology is on track to fall short of the minimum 50% diversion requirement for 2022 based on Recology-reported figures for Q2 2021 through and Q1 2022. The average diversion rate for Recology’s operation in Cloverdale is 44%.
1.5.2 Franchise Agreement and Regulatory Compliance Review Franchise Agreement Compliance
R3 identified 38 items within the Franchise Agreement as measurable requirements. Recology was found to be following 35 of these items, while achieving partial compliance in the remaining 3.
Listed below are the items identified as partially compliant:
Exhibit B, Section 3.2 – Collection Containers
Containers shall be clearly labeled to indicate their designation for Collection of Solid Waste, recyclables, or Compostable Materials and shall list the types of materials to be stored the container for Collection.
Exhibit B, Section 7.6 – Risk Management
As required by the Collection Services FA, The Contractor shall employ a full-time Risk Manager for the control, Processing and handling of all general liability and worker’s compensation claims.
Recology’s diversion rate for Cloverdale averages approximately 44%, which is below the contractual requirement of 50% diversion:
Exhibit B Section 9 – Diversion Requirements
Documentation that Contractor has achieved the greater of: (i) an annual Solid Waste Diversion Rate of fifty percent (50%); (ii) the current Diversion Rate required by the California Integrated Waste Management Act, as may be amended from time-to- time; or (iii) the target Diversion Rate set forth in the current Sonoma Countywide Integrated Waste Management Plan.
Regulatory Compliance
OSHA
Recology is currently adhering to all proper procedures for work-related injuries. R3 reviewed Recology’s OSHA forms 300 and 300A for a period covering January of 2018 through early June of 2022.
Recology reported that during 2018, there were 30 work-related injuries, resulting in a total of 545 days away from work. During 2019, there were 32 work-related injuries, resulting in a total of 569 days away from work. In 2020, there were 25 work-related injuries, resulting in a total of 440 days away from work.
For 2021, there were 41 work-related injuries, resulting in a total of 1469 days away from work. 2022 reports have not been completed in full, but there have been 12 work-related injuries to date, resulting in a total of 384 days away from work.
Please Note: Recology tracks this information by site, rather than by jurisdiction. As such, the data above includes drivers outside of the City of Cloverdale. The above is listed to provide City with a barometer for overall site safety.
AB 341
100% of eligible commercial accounts are currently subscribed to recycling collection services or have a waiver in place and are compliant with AB 341.
AB 1826
100% of eligible commercial accounts are currently subscribed to organics collection services or have a waiver in place and are compliant with AB 1826.
56 Executive Summary
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 4 of 21
1.5.3 Billing Audit and Financial Assessment
Billing Audits
The route observation portion of the billing audit revealed that approximately 5% of residential customers had a container size that did not match their subscription level.
No Residential Service Recipients were found to be billed at service rates that did not match the City’s approved service rate schedule.
No Commercial Service Recipients were found to be billed at service rates that did not match the City’s approved service rate schedule.
Financial Assessment
Recology was found to be correctly calculating Franchise Fee payments as 12% of gross revenues, except for one underpayment in October 2019 of $951.18. Recology has communicated that the Franchise Fee underpayment will be corrected in the next payment of fees.
Per Section 7.2 (Other Fees) of the FA, Recology is also required to pay the City $15,000 per fiscal year each July 1 for recycling or other waste reduction programs. Recology provided documentation of this payment being made in June of 2019, 2020, and 2021.
1.5.4 Diversion Review
Recology’s diversion rate for Q2 2021 though Q1 2022 was 44%. The minimum diversion goal in Exhibit A is set at 50%.
1.6 Recommendations
R3 has compiled the following list, based on our review, of seven recommendations for Recology’s collection operations.
1. Reinforce Pre-Trip Inspection Protocol
Recology has an adequate pre-trip inspection protocol but needs to re-train drivers and ensure driver compliance to that established protocol. Monitoring Pre-Trip Inspections should create a level of accountability and establish consistency amongst all drivers. Additionally, drivers need to be held accountable if a pre-trip inspection does not take place or is not carried out in full.
2. Fill Area Safety Manager Position
Recology provides comprehensive and adequate safety training. However, application of safety training has been inconsistent in the absence of a dedicated Safety Manager. The position has been open since early 2022. Recology should work to fill this vital role as quickly as possible.
3. Incorporate Franchise Agreement Requirements in Driver Meetings Recology could benefit from providing new or refresher training on the driver-relevant Franchise Agreement terms and conditions during scheduled meetings. Drivers are the eyes in the field and should report instances of damaged carts, incorrect container sizes, or other observed instances of non-compliance to dispatch. If implemented, this industry best practice allows drivers to assist the company in providing outstanding service while simultaneously reducing complaint calls.
4. Overweight Vehicles
Recology should continue to work toward reducing the number of overweight vehicle occurrences through driver training, monitor consistencies regarding specific drivers or specific routes, and adjust accordingly.
5. Internal Route Audits
Recology should conduct periodic internal route audits (at least annually) to verify with certainty that customers are receiving the correct service levels for the subscription rates charged. 57 Executive Summary
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 5 of 21
6. Internal Billing Cycle Audits
Recology should conduct periodic internal billing cycle audits (at least annually) to verify with certainty that customers are correctly billed at the subscribed service levels and to verify that the billed rates are in line with the approved service rates.
7. Diversion
R3 suggests the City request a proposal from Recology, in the form of a “Diversion Update Plan”, explaining how the minimum diversion requirement will be achieved. The update should address current challenges and highlight proposed activities for increasing commercial diversion, addressing contamination and meeting the good faith effort requirement. 58 2. OPERATIONAL PERFORMANCE REVIEW
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 6 of 21 The purpose of the Operational Performance Review is to assess the effectiveness of Recology’s collection operation, to determine if they have an adequate driver training program, and to review the hauler’s policies and procedures to provide recommendations for improvement in identified areas of opportunity.
2.1 Methodology
2.1.1 Management and Administration Review
While R3 conducted interviews with management and other key staff to compare Recology’s practices and effectiveness against their policies and procedures, review management and administrative structure and identify potential changes or improvements to management practices. R3 met with the District Manager and Maintenance Manager of Recology’s Santa Rosa Standish Road location for an overview of the site operations and a tour of the facilities to gain a deeper understanding of the management practices and structure of the operation. R3 also conducted an interview with a Safety Manager (located in the northern market area, not Sonoma Marin, as the role is currently vacant), and other key personnel to gauge a greater understanding of the operations of the system.
2.1.2 Collection Operations Review
While R3 conducted interviews with management and other key staff to compare Recology’s practices and effectiveness against their policies and procedures, review management and administrative structure and identify potential changes or improvements to management practices. R3 met with the District Manager and Maintenance Manager of Recology’s Santa Rosa Standish Road location for an overview of the site operations and a tour of the facilities to gain a deeper understanding of the management practices and structure of the operation. R3 also conducted an interview with a Safety Manager (located in the northern market area, not Sonoma Marin, as the role is currently vacant), and other key personnel to gauge a greater understanding of the operations of the system.
2.1.3 Vehicle and Equipment Maintenance, Repair, and Replacement Review
While R3 conducted interviews with management and other key staff to compare Recology’s practices and effectiveness against their policies and procedures, review management and administrative structure and identify potential changes or improvements to management practices. R3 met with the District Manager and Maintenance Manager of Recology’s Santa Rosa Standish Road location for an overview of the site operations and a tour of the facilities to gain a deeper understanding of the management practices and structure of the operation. R3 also conducted an interview with a Safety Manager (located in the northern market area, not Sonoma Marin, as the role is currently vacant), and other key personnel to gauge a greater understanding of the operations of the system.
2.2 Recology Franchised Services
2.2.1 Single-Family Dwelling Services
Residential service recipients are offered a 20, 32, 64, or 96-gallon carts for weekly garbage collection.
Residential recycling and organics services are also offered in 32, 64 or 96-gallon carts. All residential service recipients may request additional carts of each commodity at the approved service rate. Recology also offers its residential service recipient’s various types of service options, including walk-up service for disabled service recipients, curbside holiday tree collection, curbside large item collection service, and curbside used motor oil and motor oil filter collection.
2.2.2 Multi-Family Dwelling Services
Multi-Family service recipients are offered garbage, recycling, and organic (green waste and/or food waste) waste collection with the option for collection service up to six (6) times per week at escalating costs. Garbage and recycling services are offered in 32-, 64-, and 96-gallon carts, as well as in 1 CY - 6 CY bins and 10 - 40 CY roll off boxes. Organics (green waste) collection service is offered in a 32-, 64-, or 59 Operational Performance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 7 of 21 96- gallon cart, as well as 1 - 6 CY bins, and 10 – 40 CY roll off boxes. Organics (food waste) collection service is offered in a 32-, 64-, or 96- gallon cart, as well as 1 - 4 CY bins. Multi-Family customers are also offered various additional services, including holiday tree collection, large item collection service, and used motor oil and motor oil filter collection.
2.2.3 Commercial Services
Commercial service recipients are offered garbage, recycling and organic (green waste and/or food waste) waste collection with the option for collection service up to six (6) times per week at escalating costs. Garbage and recycling services are offered in 32-, 64-, and 96-gallon carts, as well as in 1 CY - 6 CY bins and 10 - 40 CY roll off collection. Organics (green waste) collection service is offered in a 32-, 64-, or 96-gallon cart, as well as 1 - 4 CY bins and 10- 40 CY roll off boxes. Organics (food waste) collection service 32-, 64-, or 96- gallon cart, as well as 1 - 4 CY bins.
2.2.4 City Services
Recology also includes the following services for the City, as part of the Franchise Agreement:
Special Events Service
– Recology will provide 20 each of Recycling Carts and Solid Waste Carts (stacking style) for regular, on-going public events, including, but not limited to, Friday Night Live, at no extra charge to the City. Recology will also provide and service three portable toilets, at least one of which is wheelchair accessible, per special event, for up to six special events per year (for a maximum of 12 days per year) at no additional cost.
Bulky Items Collection Service
– Recology will collect large items, electronic waste, and universal waste from City service units, upon request.
Community Clean-Up Events
– Provided for up to 5 community sponsored clean-up events (e.g., creek clean-up) per calendar year (or a prorated number of events for portions of calendar years) at no additional cost.
Street Sweeping
– Recology shall provide a complete sweep of all Curb Miles on publicly maintained City streets, at least once a month on all residential streets and once per week on commercial streets.
2.3 Findings
2.3.1 Management and Administration Review
Management and Supervisory Staffing
Recology has a well-defined organizational and administrative structure with documented policies, procedures and performance standards which provide the ability to provide training, management and performance assessment to all employees. R3 interviewed a Safety Manager (for another market area), Maintenance Manager, and District Manager. Overall, staff have clear and defined roles specifically at the management level.
The results of the staff interviews coupled with on-site observations and assessment of staffing and training practices led to the conclusion that management of the collection operations for the City are staffed appropriately, with the understanding that vacant, local safety positions at the Santa Rosa Facility are currently being recruited for.
60 Operational Performance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 8 of 21 Employee Handbook / Training
R3 reviewed Recology’s training materials which were found to be comprehensive and informative.
Employee training handbooks are provided to all staff and include specific details on materials such as standards of conduct, and safety, employee responsibilities. Recology also provides drivers with a detailed training program that includes information on the various body and chassis combinations within Recology’s fleet. Additionally, drivers are required to attend monthly safety meetings which include both new and refresher training on elements found within the employee training handbook.
Data Tracking and Reporting
Recology tracks and reports a variety of operational and productivity data used to manage its operations, including but not limited to vehicle overweight occurrences, tons collected by commodity, contamination, customer service data (number and nature of complaints, call response times), work-related injuries, and maintenance related information (road calls, preventative maintenance schedules, vehicle repair histories).
2.3.2 Collection Operations Review
We found that Recology’s franchised operations are well run and provide an adequate level of service to its customers. Driver productivity is tracked by measuring key operational statistics including missed pickups, overweight collection vehicles, accident reports, etc. Productivity reports are used to manage operations on a daily, weekly, and monthly basis.
Safety Record
Recology has a comprehensive safety program providing relevant training and awareness through planned group instruction and provides immediate feedback during field supervisor observations and monitoring. Recology continues to train and incorporate safety training on topics such as cell phone use, pre-trip inspection, heat illness prevention, fire safety, injury reporting, load checking, and spill response training, as observed on site and in the Q2 2019 quarterly report. Direct communication between drivers and supervisors while on route are conducted using cellphones and supervisors are able observe realtime tracking of the fleet through DriveCam units installed in the collection vehicles which provide critical footage during safety and service-related events. One item to note was the lack of consistent procedures for brake testing that was observed during pre-trip inspections.
Vehicles and Routing
Recology operates two (2) residential side loaders, and one (1) commercial front loader in Cloverdale.
Roll-off trucks, sweeper, stake bed, and other utility trucks are used from the fleet to service Cloverdale, as necessary. Back up trucks fill in for primary trucks, as needed. Residential garbage, recycling, and organics are collected weekly. Routing is produced and maintained through RouteSmart GIS software (RouteSmart). Routes are assigned to drivers through a union bidding process.
Route Schedule
R3 conducted an on-site observation in the morning during the residential and commercial vehicle launch.
Driver attendance and morning sign-in is required for all drivers. R3 also observed communication between the drivers, dispatch, and route supervisors during the pre-trip inspection. The ratio of the number of route supervisors to drivers was sufficient (the ratio of supervisors to drivers is about 1:20.5 which is consistent with the typical industry standard benchmarking level of 1:20). Please note that these figures are for the entire site. The supervisor for City routes also manages routes for other jurisdictions.
R3 observed the morning routine for driver launches and noted the following:
Residential
Drivers arrived between 5:30 am and 5:45 am and services are provided on a 5-day per week (Monday through Friday) collection schedule.
Commercial
Drivers arrived between 3:30 am and 3:45 am and services are provided on a 6-day per week (Monday through Saturday) collection schedule.
61 Operational Performance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 9 of 21 Field Observations
Based on our observations in the field, Recology seems to be providing collection services in a safe and effective manner in adherence to the associated requirements of the FA.
Some items observed during the audit are listed below:
Open/Close Lids
Drivers did a good job returning residential and commercial containers with lids closed following collection. Additionally, residential carts were returned in an upright position.
Condition of Containers
The overall condition of the residential carts and commercial bins was good. R3 identified multiple instances where the containers were various colors or labeled with other haulers name and did not meet the standards of the FA.
Presence of Litter
Minimal residential post-service litter was observed during our route audit(s). Additionally, areas around commercial bins, including within enclosures, were generally free of litter or accumulated trash.
Other specific findings from our field observations include:
Drivers observed during the audits appeared to be operating safely while achieving reasonable productivity.
Vehicles observed in transit were driven safely with blinkers and warning lights engaged.
Streets appeared to be clean with little, if any, litter following service collection; and Drivers appeared to be doing a good job returning containers upright, within 5 feet of the location from which they were serviced, and without blocking any driveways, sidewalks, or streets.
Figure 1 – Clean and Labeled Commercial Bins
2.3.3 Vehicle and Equipment Maintenance, Repair and Replacement Review Recology’s maintenance operations are well run, organized and effective. There is room for improvement regarding pre-and post-trip inspections, but there are adequate preventative maintenance processes in place. The ratio of mechanics to vehicles is reasonable and in line with the industry standard of 1:6-9 for the size of the fleet. The Fleet Manager has an effective and appropriate data tracking and reporting system via Excel spreadsheet and supports an effective maintenance operation.
Fleet Maintenance Software
The Fleet Manager uses JDEdwards software for inventory management, purchase order management, and production of various reports. Hubble software is used for tracking BITs, weight and registration. No other software is used for managing maintenance and work and repair orders are conducted and maintained manually.
62 Operational Performance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 10 of 21 Facility and Management
Recology’s maintenance facility is sufficient, neat, and well organized to support an effective vehicle maintenance operation. Recology is in the process of expanding their maintenance facility to support all area vehicles now that the adjacent part of the building is no longer utilized for material processing. The Fleet Manager implemented a maintenance productivity measure of type of repair and time to complete vs anticipated time of completion for each repair type.
Pre- and Post-Trip Inspections
One of Recology’s primary focuses of its maintenance operation is on preventative maintenance, which starts with the drivers conducting effective pre- and post-trip inspections. As part of Recology’s driver training, instruction and training are provided on the following:
It is each driver’s responsibility for conducting a daily vehicle inspection and completing a Vehicle Condition Report (VCR) (also referred to as Daily Vehicle Inspection Report (DVIR)) at the beginning and end of each work shift.
How to complete the VCR.
How to conduct a proper vehicle inspection.
All drivers conducted a pre-trip during R3’s onsite observation, but application of the process varied among drivers.
Preventative Maintenance Schedule
Recology conducts basic preventative maintenance on all vehicles every 125 hours. Oil and other fluids are changed every 500 hours. Additionally, further preventative maintenance measures occur at every 1000 hours for CNG valves.
Spare Ratio
The spare vehicle ratio was undetermined due to the facility maintaining vehicles for several jurisdictions other than the City, however, the Maintenance Manager stated that Recology maintains a 10-18% spare vehicle ratio and spare vehicles are available for City use as needed.
Clean Fuel Vehicles
Recology operates Renewable Diesel vehicles for their Cloverdale collection services. Renewable diesel provides several benefits over traditional (petroleum) diesel, in that it’s made of renewable sources, it burns clean, and it works just as well as traditional diesel without sacrificing power or performance.
BIT Inspections
California Law regarding BIT Inspections changed under AB 529 and Biennial Inspection Terminal became Basic Inspection Terminal. Part of the change in law was a shift from a mandatory inspection every other year to a system in which inspections were assigned if collision reports, etc warranted action, and could go as far as 6 years in between inspections.
Recology has not had a BIT Inspection since the inception of the FA.
Vehicle Replacement
Three new collection vehicles were purchased for Cloverdale following a rate increase in 2020 to pay for those vehicles. Due to supply issues those vehicles were added to the fleet for service in 2021.
Vehicle Washing
Recology utilizes a third-party contractor, Valley Fleet Clean, for weekly pressure washing services. 63 Operational Performance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 11 of 21 Repair Orders
The Fleet Manager tracks Work and/or Repair Orders in a manual booklet and each page contains a unique identification number dedicated to each repair that is conducted. The Work and/or Repair Orders are then filed in the file jacket of the associated vehicle.
Container Management
The Fleet Manager tracks container inventory through Microsoft Excel. The totals are updated weekly by manual count and provided to the Senior Operations Manager who places the order(s) for new inventory.
Safety Program and Materials
Recology has an effective and robust safety training program.
2.4 Recommendation
Reinforce Pre-Trip Inspection Protocol
Recology has an adequate pre-trip inspection protocol but needs to re-train drivers and ensure driver compliance to that established protocol. Monitoring Pre-Trip Inspections should create a level of accountability and establish consistency amongst all drivers.
Additionally, drivers need to be held accountable if a pre-trip inspection does not take place or is not carried out in full.
64 3. CUSTOMER SERVICE REVIEW
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 12 of 21 The purpose of the Customer Service Review was to assess Recology’s Customer Service Program, determine the effectiveness of the training program, review staffing levels for adequacy, and ensure that they are meeting their contractual requirements.
3.1 Methodology
R3 requested customer service records and conducted a review of the customer service operations utilized by Recology, including a review of financial management practices related to billing and collections and policies regarding residential and commercial accounts. The review included but was not limited to uncollected customer accounts, missed pick-ups, complaints, compliments, delinquency notices, and service interruptions. We also reviewed current measurements of metrics related to customer service responsiveness to inquiries, call-backs, and wait times.
3.2 Findings
3.2.1 Customer Service and Financial Management Practices Review Recology’s main customer service office is in Santa Rosa. Customers are provided customer service options over the counter, by telephone (1-800-243-0291), or by email via the Company’s website at [email protected]. The call center is equipped with a ShoreTel Voice Over IP (VOIP) phone system which enables customized queues and automatic call distribution. Overall, Recology’s customer service operations appear to be effective and consistent with industry standards.
Customer Service Representatives (CSRs) are trained to be responsive, courteous, and provide accurate information, and effective customer service to its customers. CSRs and management are held to high internal standards by monitored performance metrics, and the training programs, technologies, and data tracking systems appear to sufficiently meet service standards.
Staff Availability
R3 verified that Recology’s website, phone system, and call center hours of operation comply with the requirements listed in Exhibit A, Section 4.1 of the FA which says they need to be available Monday through Friday from 8:00 a.m. to 5:00 p.m. Office hours begin at 7:00 a.m. and close at 6:00 p.m.
Monday through Friday. The office is open for walk-in service from 7:30 a.m. to 5:30 p.m. Monday through Friday. During this time CSR staff assist customers in person, over the phone, or via email. The website provides customers with education and outreach, service descriptions, contact information, and calendar events.
Training, Policies and Procedures
CSR staff receive up to two (2) weeks of training before taking calls on their own. Customer service training is provided on site by the Customer Service Manager with assistance from Customer Service Supervisors. In addition to training, the Customer Service Manager conducts quarterly performance monitoring through reviewing the CSR’s monthly transactions, call volume, and quarterly performance which is measured by an error rate of less than 1%. If a CSR receives an error rate of 1% or over, they will be placed on an improvement plan for up to 4 weeks. Overall, we found the CSRs to be fully trained and equipped to handle call volume.
Service Interruptions
CSRs go through several steps when dealing with delinquent accounts. If a customer reaches 90 days past due, a CSR will attempt contact to recover payment for services rendered. In addition to attempted telephone contact, a past due letter will be mailed to the customer’s address. If a customer account becomes 120 days past due, CSR staff will attempt a final phone call to recover payment for services rendered, before suspending the account for non-payment. If an account is suspended, the customer’s cart(s) will be removed from their premises. Recology does not currently have a system in place to submit a customer to collections.
65 Customer Service Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 13 of 21 Recology’s procedures for addressing delinquent customer accounts are in line with the terms and conditions of the FA.
Billing
Recology uses Kubra, a payment processing system that allows customers to pay their bill over the phone or online. Customers also have the option to pay their bill in person during regular office hours, or by submitting payment via mail.
Work Orders
Recology’s work orders are generated and managed by CSRs through the AS-400 system software.
Recology uses AS-400 management of all customer subscription data and service request inquiries. The system contains a list of unique codes specific to different types of work orders, such as large item pick up, missed pick-ups, and other customer complaints.
Same-day work orders requests that are made after the cut-off time and provided to the route driver for collection first thing the following morning. CSRs may also open and schedule work orders that apply to future dates.
Customer Service Performance Monitoring
Call Minutes – Recology’s call routing service has a 1 minute and 14 second introduction before callers can determine what service they are calling about and if they prefer to communicate in English or Spanish. Calls are then routed to the appropriate, available CSR.
R3 conducted a random sampling test of customer service call wait times by placing a total of 10 timed calls to Recology’s telephone line. R3 measured average speed of answer (ASA) in seconds once the introductory automated recording prompt ends. Please note that the introductory message lasts for 1 minute and 14 seconds. Timing of the ASA sampling was started once placed in queue for a CSR by the electronic voice system. R3’s test calls yielded an average wait time of 3 minutes and 38 seconds before a CSR answered the call. Additionally, we confirmed that the call back feature is activated and available to customers. All instances in which R3 opted for a callback via voicemail were returned by Recology CSRs. Table 1, below, contains the data from the Customer Service Call Wait Time analysis:
Table 1 – Test of Customer Service Call Wait Times
Date Time Wait Time
(seconds)
7/29/2022 4:06 PM 166
8/2/2022 10:20 AM 15
8/2/2022 10:25 AM 35
8/2/2022 11:01 AM 525
8/2/2022 12:28 PM 629
8/2/2022 4:04 PM 330
8/10/2022 9:43 AM 266
8/10/2022 9:54 AM 109
8/10/2022 10:01 AM 60
8/10/2022 10:19 AM 46
Average Wait Time 3 minutes
38 seconds
66 Customer Service Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 14 of 21 Compliments/Complaints
All complaints are required to be documented in the customer’s account history. Internal Recology expectations are that CSRs will attempt to resolve the issue or complaint before the call is transferred to the manager or supervisor for further assistance. Complaints are recorded under a unique code within the AS-400 system allowing them to be filed, tracked, and referenced, as needed.
Website
R3 reviewed the information provided on the website and compared it against the list of requirements in Exhibit A Section 2.1 of the FA.
This section states the website shall include:
A summary of services provided by Contractor and contact(s) information.
A "how to" narrative explaining the overall recyclable and Compostable Materials programs and the materials to be collected.
Other Diversion and relevant reuse information.
Additionally, in Exhibit A Section 3.22 it states, “Contractor shall post the sweeping schedule on the Contractor's website and provide copies to residents by mail upon request.” Recology’s website includes a webpage specifically dedicated to Cloverdale with residential, commercial service level information and associated rates. Additionally, the website provides “What Goes Where?” proper disposal guides, street sweeping schedule and map, and affords customers the ability to contact the company, access the online payment system, and provides additional information on the sustainability goals of the City providing customers with helpful recycling guides and resources.
3.3 Recommendation
None Identified.
67 4. FRANCHISE AGREEMENT & REGULATORY
COMPLIANCE REVIEW
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 15 of 21
4.1 Methodology
4.1.1 FA Compliance Review
R3 reviewed the FA and noted the measurable standards which Recology is required to adhere to. R3 documented the major objective items in the FA via a “Contract Compliance Checklist”, found in Attachment 1, outlining the major requirements of the FA that Recology must comply with. The Contract Compliance Checklist was used to determine the areas in which Recology were found to be compliant, failed to meet compliance, areas of partial compliance, or areas where compliance could not be determined due to lack of information.
4.1.2 Regulatory Compliance Review
R3 also reviewed Recology’s regulatory compliance with legislative requirements, Occupational Safety and Health Organization (OSHA), CalRecycle Local Enforcement Agency (LEA), and California Highway Patrol Inspection and the Basic Inspection of Terminals (BIT) requirements.
4.2 Findings
4.2.1 FA Compliance Review
R3 identified 42 items within the FA that had a measurable requirement. Table 2 below, illustrates Recology’s compliance against those identified in Attachment 1.
Table 2 – Compliance Review Breakdown
Compliant Partial Compliance Non-Compliant Total
35 1 2 38
92.11% 2.63% 5.26% 100.00%
Key items determined as “Partially-Compliant” resulting from the review, are as follows:
Exhibit B, Section 3.2 – Collection Containers
Containers shall be clearly labeled to indicate their designation for Collection of Solid Waste, recyclables, or Compostable Materials and shall list the types of materials to be stored the container for Collection.
R3 did observe several carts without standard coloring and labelling during conducted route audits.
Exhibit B, Section 3.5 – Collection Containers
All Containers shall be a standard color selected by the Contractor. Different colors may be selected for Solid Waste, recyclables, and Compostable Materials Containers.
Overall, the condition of residential carts appeared to be in good condition and met quality standards. We multiple containers with ununiform colors and company labels. Figures 2-6, on the following page, depicts carts belonging to prior companies and with inconsistent colors.
68 FA & Regulatory Compliance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 16 of 21 Figures 2 - 6: Inconsistent Bin Types and Colors
Although not currently out of compliance, Recology’s diversion for 2022 is on track to only reach 44%, which is below the contractual requirement:
Exhibit B, Section 9 – Diversion Requirements
For each year this Franchise agreement is in effect, Contractor shall achieve the greater of:
(i) an annual Solid Waste Diversion Rate of fifty percent (50%); (ii) the current Diversion Rate required by the California Integrated Waste Management Act, as may be amended from timeto- time; or (iii) the target Diversion Rate set forth in the current Sonoma Countywide Integrated Waste Management Plan. Failure to meet the minimum requirements set forth above may result in the termination of this Franchise agreement or the imposition of liquidated damages.
California Highway Patrol (CHP) Citations
R3 reviewed Recology-provided data for the total number of overweight occurrences in 2021. The data provided by Recology has identified overweight loads for each of the three lines of business: residential, multi-family, and commercial. However, Recology does not have strictly dedicated routes to multi-family collection. For purposes of weight tracking and monitoring of overweight occurrences for Cloverdale, Recology uses a methodology to allocate estimated tonnage(s) by line of business based on number of accounts and associated volume collected by route. Tonnage allocation is also separated for accounts collected outside of the jurisdictional boundary that fall under county classification. For example, a Weight Tag that comes in may be split 5% Cloverdale Multi Family Dwellings, 75% Cloverdale Commercial and 20% Sonoma County Commercial.
In 2021 there were 13 residential loads reported as overweight, 20 multifamily loads reported as overweight, and 19 commercial loads reported as overweight. R3 conducted an analysis of overweight loads against all loads for the period of review and concluded the following:
R3 conducted an analysis of overweight loads against all loads for the period of review and concluded the following:
1.95% of residential loads in 2021 were overweight
4.96% of multifamily loads in 2021 were overweight
2.70% of commercial loads in 2021 were overweight
There have not been any citations issued from the CHP for overweight collection vehicles. However, overweight vehicles are in violation of State law under California Vehicle Code Section 35551(a) and pose a safety risk to the drivers and community in which they serve. 69 FA & Regulatory Compliance Review
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 17 of 21 CalRecycle Notice of Violation (NOV)
R3 reviewed the NOV’s logged in CalRecycle’s Solid Waste Information System (SWIS) online portal for Recology Sonoma Marin (49-AA-0399), located at 3400 Standish Ave in Santa Rosa, the transfer station and equipment yard used by Recology for Cloverdale. R3 identified no NOV’s issued to Recology in 2022, four (4) during 2021, and four (4) during 2020 which all pertained to operations at the company’s Large Volume Transfer/Processing Facility.
For Recology’s operations of the Healdsburg Transfer Station (49-AA-0245), located at 166 Alexander Valley Road, Healdsburg, CA, which is used for Cloverdale operations, R3 identified no NOV’s issued to Recology in 2022, one (1) during 2021, and no NOV’s during 2020.
Operational, Safety, and Health Administration (OSHA)
Recology is currently adhering to all proper procedures for work-related injuries. R3 reviewed Recology’s OSHA forms 300 and 300A for calendar year 2018 through early June of 2022. Recology reported that during 2018 there were 30 work-related injuries resulting in a total of 545 days away from work. During 2019 there were 32 work-related injuries resulting in a total of 569 days away from work. In 2020 there were 25 work-related injuries resulting in a total of 440 days away from work. For 2021 there were 41 work-related injuries resulting in a total of 1469 days away from work. 2022 reports have not been completed in full, but so far there have been 12 work-related injuries resulting in a total of 384 days away from work.
AB 341 and 1826 Compliance
R3 reviewed compliance with consideration of State regulations regarding mandatory commercial services:
AB 341
R3 reviewed Recology’s subscription data and determined that 100% of Recology’s covered commercial accounts are currently subscribed to franchised recycling services and are compliant with the requirements of AB 341.
AB 1826
R3’s review of subscription data provided by Recology revealed that 100% of Recology’s covered commercial accounts are currently subscribed to franchised organics services or have obtained a waiver and are compliant with the requirements of AB 1826.
R3 confirmed Recology’s compliance with the terms and conditions of the FA regarding regulatory requirements.
4.3 Recommendation
Incorporate FA Requirements in Driver Meetings
Recology could benefit from providing new or refresher training on the driver-relevant FA terms and conditions during scheduled meetings. Drivers are the eyes in the field and should report instances of damaged carts, incorrect container sizes, or other observed instances of non-compliance to dispatch. If implemented, this industry best practice allows drivers to assist the company in providing outstanding service while simultaneously reducing complaint calls.
70 5. BILLING AUDIT & FINANCIAL ASSESSMENT
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 18 of 21
5.1 Methodology
The purpose of the Billing Audit is to determine the extent to which residential and commercial customers are correctly billed for the level of service subscribed, and whether those billings are consistent with the appropriate rate schedule.
5.1.1 Residential and Commercial Billing Audit
R3 conducted on-site billing audits of a random sample of Recology’s residential and commercial service recipients. Recology provided current subscription datasets for residential and commercial routes. The audit(s) included visual inspection of container sizes against subscription levels, as well as an assessment of container damage and placement before and after collection.
R3 requested past billing cycle records from Recology in order to review residential and commercial service recipient’s subscription levels for one billing period. The billing cycle records were used to verify consistency and ensure that customers were charged appropriately in accordance with the approved rate schedule as listed in the FA.
5.1.2 Financial Assessment
Recology is required to pay the City a 12% Franchise Fee on gross revenues collected each month.
Gross revenue includes revenue received by Recology from any entity, including Federal, State, County or other local facilities within the Cloverdale service area. Per Section 7.2 (Other Fees) of the FA, Recology is also required to pay the City $15,000 per fiscal year each July 1 for recycling or other waste reduction programs.
5.2 Findings
5.2.1 Billing Audit
For the billing audits, R3 focused on trash collection service levels, as the residential collection structure is designed to provide recycling and green waste as a “free service”. R3 observed Wednesday routes. R3 observed a total of 541 accounts and 27 customers were found to have cart sizes different from the listed service level, with 7 customers being overcharged and 20 customers being undercharged resulting in an incorrect billing rate of 5% - these are not considered to be an issue as is it assumed that customers are being provided larger containers at no extra cost due to inventory. Table 3, below, provides an overview of the findings.
Table 3 – Residential Billing Audit
Route Days Carts Observed Overcharged Undercharged Total Incorrect Wednesday 541 7 20 27
Percent of Total 100% 1% 4% 5%
5.2.2 Billing Cycle Audit Findings
R3 reviewed the active billing list provided by Recology. R3 at residential customer accounts and compared the rates charged to the approved rate sheet. R3 found 100% of the accounts were being billed at rates that matched an approved rate as provided by Recology. The breakdown of data can be found below in Table 4, below.
Table 4 – Residential Rates Surveyed from Active Customer List Charged
Correctly
Charged
Incorrectly
Total
Accounts
Percent
Correct
1052 0 1052 100%
71 Billing Audit & Financial Assessment
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 19 of 21
5.2.3 Financial Assessment
R3 requested Recology’s payments to the City to assess correct payment of the Annual Trust Contribution and AB 939/Franchise Fee Management Payment(s). Recology pays the City monthly Franchise Fee payments in the amount of twelve percent (12%) of Gross Revenues plus an annual payment of $15,000.
The City has a program designed to assist low-income residents with their service rates. Qualifying residential service recipients are designated by the City as service recipients which already qualify for the PG&E’s California Alternative Rates for Energy (CARE) program.
Franchise Fee
R3 verified that the City received the Franchise Fee payments based on information provided by Recology. Recology submitted an Excel Spreadsheet of Franchise Fee check payment amounts that were submitted to the City. R3 calculated the monthly Franchise Fee, 12% of the reported gross revenue, owed to the City and compares that against the submitted Franchise Fee payments by Recology. Table 5, on the following page, includes a breakdown of the calculated Franchise Fee payments, the Franchise Fee payments submitted by Recology, and the difference between the R3 calculated Franchise Fee and the combined submitted Franchise Fee payments.
Over the 43 months which R3 reviewed, Recology was found to have underpaid the City by a total of $951.18 dollars. Recology has communicated that the Franchise Fee underpayment will be corrected in the next payment of fees.
Other Fees Payment Contribution
R3 verified that any payment of $15,000 for the Annual Trust Contribution was submitted by Recology to the City in June of 2019, 2020, and 2021. This recurring payment to the City is due annually each June.
5.3 Recommendations
Internal Route Audits
Recology should conduct periodic internal route audits (at least annually) to verify with certainty that customers are receiving the correct service levels for the subscription rates charged.
Internal Billing Cycle Audits
Recology should conduct periodic internal billing cycle audits (at least annually) to verify with certainty that customers are correctly billed at the subscribed service levels and to verify that the billed rates are in line with the approved service rates.
Internal Financial Verification
The City should conduct quarterly financial checks to ensure that the expected Franchise Fee payments are being made. Recology is correctly paying their Franchise Fee amounts, however, measures should be implemented by the City to identify any potential miscalculations after submission of payment. The City should keep all record of annual payments to confirm that they are being made on time and annually adjusted to the correct amounts.
72 Billing Audit & Financial Assessment
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 20 of 21 Table 5 – Franchise Fee Payments FY 2019-22
Fiscal Year Payment Date Gross Revenue
R3 Calculated Monthly
Payment (12%)
Submitted
Franchise Fee
Payment
Difference
between R3
and Recology
FY19 10/3+B3:H331/2018 181,203.10 21,744.37 21,744.37 $0.00 FY19 11/30/2018 89,065.29 10,687.83 10,687.83 $0.00 FY19 12/31/2018 156,578.11 18,789.37 18,789.37 $0.00 FY19 1/31/2019 188,221.08 22,586.53 22,586.53 $0.00 FY19 2/28/2019 98,916.34 11,869.96 11,869.96 $0.00 FY19 3/31/2019 193,179.78 23,181.57 23,181.57 $0.00 FY19 4/30/2019 108,266.85 12,992.02 12,992.02 $0.00 FY19 5/31/2019 73,211.22 8,785.35 8,785.35 $0.00 FY19 6/30/2019 192,280.66 23,073.68 23,073.68 $0.00 FY19 7/31/2019 109,885.71 13,186.29 13,186.29 $0.00 FY19 8/31/2019 75,220.26 9,026.43 9,026.43 $0.00 FY19 9/30/2019 41,912.41 5,029.49 5,029.49 $0.00 FY20 10/31/2019 222,236.69 26,668.40 ‐ 25,717.22 $951.18 FY20 11/30/2019 86,880.91 10,425.71 10,425.71 $0.00 FY20 12/31/2019 206,795.69 24,815.48 24,815.48 $0.00 FY20 1/31/2020 179,894.90 21,587.39 21,587.39 $0.00 FY20 2/29/2020 92,931.14 11,151.74 11,151.74 $0.00 FY20 3/31/2020 202,694.24 24,323.31 24,323.31 $0.00 FY20 4/30/2020 105,438.97 12,652.68 12,652.68 $0.00 FY20 5/31/2020 77,444.25 9,293.31 9,293.31 $0.00 FY20 6/30/2020 209,320.83 25,118.50 25,118.50 $0.00 FY20 7/31/2020 96,817.56 11,618.11 11,618.11 $0.00 FY20 8/31/2020 67,362.02 8,083.44 8,083.44 $0.00 FY20 9/30/2020 267,866.14 32,143.94 32,143.94 $0.00 FY21 10/31/2020 100,595.01 12,071.40 12,071.40 $0.00 FY21 11/30/2020 68,994.43 8,279.33 8,279.33 $0.00 FY21 12/31/2020 260,807.85 31,296.94 31,296.94 $0.00 FY21 1/31/2021 176,477.32 21,177.28 21,177.28 $0.00 FY21 2/28/2021 79,041.73 9,485.01 9,485.01 $0.00 FY21 3/31/2021 256,946.37 30,833.56 30,833.56 $0.00 FY21 4/30/2021 115,653.80 13,878.46 13,878.46 $0.00 FY21 5/31/2021 90,802.59 10,896.31 10,896.31 $0.00 FY21 6/30/2021 228,802.99 27,456.36 27,456.36 $0.00 FY21 7/31/2021 99,932.07 11,991.85 11,991.85 $0.00 FY21 8/31/2021 101,264.02 12,151.68 12,151.68 $0.00 FY21 9/30/2021 228,857.81 27,462.94 27,462.94 $0.00 FY22 10/31/2021 127,709.50 15,325.14 15,325.14 $0.00 FY22 11/30/2021 85,368.73 10,244.25 10,244.25 $0.00 FY22 12/31/2021 220,279.61 26,433.55 26,433.55 $0.00 FY22 1/31/2022 203,698.79 24,443.85 24,443.85 $0.00 FY22 2/28/2022 112,626.90 13,515.23 13,515.23 $0.00 FY22 3/31/2022 244,884.74 29,386.17 29,386.17 $0.00 FY22 4/30/2022 133,213.85 15,985.66 15,985.66 $0.00 Total 6,259,582.26 751,149.87 ‐ 750,198.69 $951.18 73 6. DIVERSION & LEGISLATIVE COMPLIANCE
REVIEW
City of Cloverdale | Final Report – Performance Review of Recology Sonoma Marin 21 of 21
6.1 Methodology
R3 requested and reviewed Recology’s 2019 Q1 and Q2 quarterly diversion reports to assess and verify records for accuracy and calculate Recology’s estimated compliance with City’s minimum annual 50% diversion requirement.
6.2 Findings
Article 9, Diversion Requirements, of the FA states:
“For each year this Franchise agreement is in effect, Contractor shall achieve the greater of: (i) an annual Solid Waste Diversion Rate of fifty percent (50%); (ii) the current Diversion Rate required by the California Integrated Waste Management Act, as may be amended from time-to- time; or (iii) the target Diversion Rate set forth in the current Sonoma Countywide Integrated Waste Management Plan. Failure to meet the minimum requirements set forth above may result in the termination of this Franchise agreement or the imposition of liquidated damages.”
R3 used Recology’s reported diversion numbers for Q2, Q3 and Q4 of 2021 and Q1 of 2022 to calculate an estimated annual diversion rate. During Q2 of 2021 Recology reported a 42% diversion rate, 45% diversion during Q3 2021, 45% diversion for Q4 2021 and a 43% diversion rate for Q1 2022. R3 calculated the annual diversion rate for those four quarters at 44%. The result of this calculation is that Recology is not meeting the minimum diversion requirements of 50% diversion, achieving an estimated 44% diversion rate. Table 6 below, provides a summary of the diversion rate.
Table 6 – Diversion Rate
Diversion Factors Q2 2021 Q3 2021 Q4 2021 Q1 2022 Total Generated 1868.62 1792.84 1815.63 1768.92 7246.01
Disposal 1090.16 989.68 995.98 1001.44 4077.26
Diversion 778.46 803.16 819.65 767.48 3168.75
Diversion Rate 42% 45% 45% 43% 44%
Recology could be subject to liquidated damages for not meeting or exceeding a 50% diversion rate.
Additionally, the City could exercise its right to deny an extension request as set forth in Section 10.1.8.7 of the FA.
Potential Liquidated Damages listed in Exhibit C, Section 6.2 associated with, “Failure to achieve and maintain the minimum Diversion requirements set forth in Exhibit A” are set a $10,000.
6.3 Recommendation
Diversion – Exhibit B, Section 8.6 of the FA states:
“The Contractor shall use reasonable business efforts to maximize the recovery of delivered materials in a manner acceptable to receive Diversion credit under AB 939 and comply with the Diversion requirements set forth below”.
R3 suggests that the City request a proposal from Recology demonstrating how the minimum diversion requirement will be achieved.
74 1
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101112131415161718
C D EF G H
Attachment 1
REF# Item Pg. # Section Compliance Measurement Company Response/R3 Assessment Verification of Insurance and Performance Bond 10 2.9
Documentation of insurance policies and endorsements of insurance coverage in accordance with the requirements and a performance bond in the amount of $700,000 securing the faithful performance of the provisions of this Franchise agreement.
Compliant
Vehicle Information 10 2.10 Documentation regarding the size, weight, age, and mechanical condition of each of the vehicles to be used in carrying out the Franchise services. Compliant Transportation of Materials 12 4.31
Documentation of maintained accurate records of the quantities of solid waste, recyclable materials, and compostable materials transported pursuant to this Franchise agreement, and the approved site to which such quantities are transported.
Compliant
Special Rates 14 5.4‐5.5
Documentation of alternative rate structures including the Residential Annual Pre Payment Rate, Low Income Customer Rate, Alexander Valley Regional Medical Center Maximum, and Recycling Incentive for Cloverdale Unified School District.
Compliant
General 22 8.1 Documentation that contractor created, maintains and preserves all Franchise records for the Franchise term and for 5 years after the Franchise agreement’s expiration or earlier termination. Compliant Reporting ‐ General 23 8.21 ‐ 8.2.5 Documentation of regularly submitted Annual CalRecycle and City Reports that document amounts of waste collected from different customer types Compliant CalRecycle Annual Reports 23 8.2.2
Documentation tha Contractor prepares annual reports in accordance with applicable CalRecycle annual reporting requirements and submits in draft form to the City at least 60 prior to the date such reports are due to be submitted to CalRecycle .
Compliant
Annual City Reports 23 8.2.3.10
Documentation of Annual reports to the City that include: A summary by month of the prior year’s gross revenues, Franchise fees, liquidated damages, and any other payments to the City; Public education and information activities undertaken during the prior year, including distribution of bill inserts, collection notification tags, community information and events, tours and other informational and promotional activities related to the provision of Franchise services. Amounts of solid waste collected, diverted and disposed of from single‐family residences, multi‐family complexes and commercial properties. Gross tons of recycled material, and compostable material and construction and demolition debris collected and recycled/diverted/composted daily on average by material type for single‐family residences, multi‐family complexes and commercial properties. A copy of the prior year’s customer service log as described in Exhibit A, with a summary of the type and number of complaints and their resolution and copies of a written record of all calls related to missed pickups and responses to such calls. Account information for the prior year in a table format showing the number of customers and service levels by service type. A summary narrative of any problems encountered with collection and processing activities and actions taken in response during the prior year; the type and number of non‐collection notices left at customer locations for the prior year; a list of instances of property damage or injuries incurred related to the Franchise during the prior year; and any significant changes in operations during the prior year. A list for the prior year of all loads in excess of the manufacturer’s recommendations or limitations imposed by state or local laws or regulations governing weight and other restrictions for vehicles and roads, showing vehicle number, date of occurrence, load weight, loaded vehicle weight, and the manufacturer’s and regulatory weight restrictions. An updated complete inventory for the prior year of collection and major processing equipment used to provide all Franchise services and a list of Contractor’s officers and members of its board of directors and audited consolidated financial statements for the prior year.
Documentation of street sweeping services as described in Exhibit A.
Compliant
CITY OF CLOVERDALE – CONTRACT COMPLIANCE CHECKLIST
Section 2 Contractor Representations and Warranties
Section 8 Recordkeeping, Reporting and Performance Reviews Section 4 Scope of Services
Section 5 Billing, Collection and Remittance
Section 6 Rates
Section 7 Contractor Payments to the City
Section 3 Grant of Franchise
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Additional Reporting 24 8.2.5 Documentation that Contractor shall also promptly provide the City with any additional reports as the City may reasonably require. Compliant Insurance 27 9.2
Documentation of "occurrence coverage" insurance endorsing the City and its officers including:
Workers' Compensation Insurance, Employer's Liability Insurance, General Commercial Insurance, Automobile Liability Insurance, Pollution, Environmental Impairment and Professional Liability Insurance Compliant
Other Provisions 29 9.2.6.2 Documentation of any declared deductibles or self‐insured retentions approved in writing by the City. Compliant Faithful Performance Bond 30 9.3 Documentation of $700,000 performance surety bond Compliant Parties to Meet Annually 39 11.2 Documentation of annual metings between City and Contractor between July 1 and September 30 Free Annual Residential Curbside Cleanup 3 1.7 Documentation and notices of residential curbside cleanup event schedule, outreach and billing inserts. Compliant Christmas Tree Collection 4 1.8 Documentation of delivered debris box box and servicing from December 26 through mid January in cooperation with Sonoma County Waste Management Agency drop‐off program. Compliant Collection From City Facilities 5 1.9 Documentation of contractor collecting solid waste, recyclable materials and compostable materials generated at City properties listed in Exhibit F and educating all building users to use Recycling services. Compliant Special Events 5 1.10
Documentation of contractor providing 20 or more recycling and solid waste carts for regular, on‐going special public events at no cost in addition to providing and servicing three portable toilets, one of which will be wheelchair accessible, for up to six special events per year (for a maximum of 12 days per year) at no additional cost.
Compliant
Community Cleanup Events 5 1.11 Documentation of event schedule, logistics, and contractor provided services to up to 5 community sponsored clean‐up events per year at no additional cost. Compliant Cloverdale Unified School District 5 1.12
Documentation that Contractor has offered to work with and provide targeted education and outreach to the Cloverdale Unified School District to create a recycling program that may result in decreased rates up to and including 100% reduction in collection portion of rates.
Compliant
Bulky Items Collection 6 1.14 Documentation of on‐going free bulky item collection available to each customer once a year and diversion of all recyclable materials from disposal. Compliant Referral of Customers to Website 7 2.1
Documentation on the outreach timeline and copies of Referral of Customers to Website by Postcard, Infrormational Newsletters, promotion of cleanups, holiday collections and other programs, multi‐family complex education, commercial business education, public school education, public fairs, and City facility outreach.
Compliant
Street Sweeping 93
Documentation of a City approved street sweeping schedule the City‐approved solid waste collection schedule that follows within 2 business days, including adjustments for holidays.Contractor shall sweep the City’s commercial areas a minimum of once per week and all residential areas at least once per month, except that Contractor shall sweep all City streets more frequently from September to January up to three times per month as necessary, at the City’s sole discretion, to prevent excessive accumulation of leaves.
Compliant
Operator Training for Illlicit Discharges and
Stormwater Pollution Sources 10 3.15 Documentation of annual sweeper operator training to recognize illicit discharges and stormwater pollution sources.
Supervisor and Manager Contact Information 11 3.19 Documentation identifying the name and telephone number of the supervisor of sweeping operations to mitigate any and all concerns.
Required Quarterly Reports 11 3.20 Documentation of quarterly reports to the City documenting sweeping miles, hours worked, and coorespondence with the public. Compliant Providing Copies and Posting of Sweeping
Schedule 11 3.22 Documentation of posted sweeping schedule on contaractors website and by mail upon request. Compliant Customer Service and Accessibility 11 4.1 Documentation of after hours contact information for the Contractor that will allow the City to contact a reqpresentative of the Contractor on a 24‐hour basis.
Service Complaints and Resolution 11 4.2 Documentation of customer service record detailing customer calls, complaints received, hold times, missed pickups, complaints, damage, and the resolutions of the issue. Compliant Collection Containers 13
Containers shall be clearly labeled to indicate their designation for Collection of Solid Waste, recyclables, or Compostable Materials and shall list the types of materials to be stored the container for Collection.
All Containers shall be a standard color selected by the Contractor. Different colors may be selected for Solid Waste, recyclables, and Compostable Materials Containers.
Partially Compliant
Collection Vehicles 24
Documentation of inventory of all vehicles used in providing service, maintenance records, drivers' timekeeping records that reflect compliance with DMV requirements, driver proficiency records, and documentation of repairs.
Compliant
Operation 3 4.2 Documentation of monthly reports on all loads in excess of the vehicle and road weight restictions and notification when a collection vehicle is 15 years old. Compliant Exhiibit B ‐ Standards of Performance
Section 9 Indemnity, Inurance, bond
Section 11 Miscellaneous Provisions
Section 10 Default, Termination and Liquidated Damages
Exhibit A ‐ Scope of Franchise Services
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Record of Non‐Collection 4 5.3 Documentation of contractor maintained CS database listing all complaints and tags issued for non collection. Compliant Driver Qualifications 5 7.2.6 Documentation of annual background checks on each driver to ensure that there is no criminal record or violations issued by the DMV.
Safety Training 6 7.4
Documentation of training for all employees who utilize or operate vehicles or equipment for Collection or who are otherwise directly involved in such services to identify, and not to collect, Hazardous Waste or Infectious Waste.
Risk Management 6 7.6 Documentation of full‐time employment of a Risk Manager for the control, processing and handling of all general liability and worker's compensation claims. Partially Compliant General Operations and Maintenance Standards 6 8.1 Documentation of maintenance and renewal of all necessary permits, licenses, and clearances Safety 6 8.3
Documentation of safe facility operations, in accordance with applicable law, requirements of insurance carried, and standard industry practices in the waste management, composting, organics handling, and materials recovery industry.
Compliant
Weighing 7 8.8 Documentaion of recorded tonnaged of matial received indicate for each delivery, hauler's name, truck number if applicable, time of delivery, tonnage delivered, vehicle license number, and Person receiving Cpmpliant Testing of Scales 7 8.9 Documentation and results of testing and calibration of scales at least every twelve months. Compliant Processing Equipment 7 8.10 Documentation of contractor provided processing equipment, maintenance of that equipment and of sufficient back up equipment to respond to mechanical failures. Compliant Diversion Requirements 79
Documentation that Contractor has achieved the greater of: (i) an annual Solid Waste Diversion Rate of fifty percent (50%); (ii) the current Diversion Rate required by the California Integrated Waste Management Act, as may be amended from time‐to‐ time; or (iii) the target Diversion Rate set forth in the current Sonoma Countywide Integrated Waste Management Plan.
Partially Compliant
City Facilities 1 N/A
Documentation that Contractor provides Franchise services at no cost to the City for Cloverdale City Hall, Cloverdale Corporation Yard, Cloverdale Municipal Airport, Cloverdale Public Library, Cloverdale Police Station, Cloverdale Senior Center, Cloverdale Wastewater Treatment Plant, Cloverdale Water Treatment Plant. Cloverdale City Parks: Main (Second St.) Park, and Furber Park.
Compliant
Exhibit C ‐ Liquidated Damages
Exhibit D ‐ Refuse Rate Index Calculations
Exhibit J ‐ City Approved Disposal Sites/Processing Facilities Exhibit I ‐ Insurance Certificates
Exhibit E ‐ Rates
Exhibit H ‐ Performance Bond
Exhibit F ‐ City Facilities
Exhibit G ‐ List of Vehicles Used by Contractor Within the City C:\Users\AlexanderSoulard\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S66O7ES8\Attachment 1 Contract Compliance Checklist_ 77 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.7
November 9, 2022
Agenda Section:
Consent
Staff Contact:
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.
Agenda Item Title:
Agreement with Robert Smith to Provide Code Enforcement Services for the City of Cloverdale. ________________________________________________________________________________________ Recommended Council Action(s):
A resolution of the City Council of the city of Cloverdale approving an agreement with Robert Smith in an amount not to exceed fifty thousand dollars ($50,000) to provide code enforcement services for the City of Cloverdale and authorizing the City Manager to execute said agreement and approve a budget expenditure of fifty thousand dollars ($50,000) to the General Fund (100-50-502-42150-000) _______________________________________________________________________________________ Background:
November 10th, 2021, the City Council adopted resolution 097-2021 authorizing the City Manager to enter into an agreement with Robert Smith for contract code enforcement services. Code Enforcement is the prevention, detection, investigation, and enforcement of violations of statutes or ordinances regulating public safety, public works, business activities, building standards, land-use, and municipal affairs to preserve the high quality of life expected by Cloverdale residents. Most code enforcement cases in Cloverdale are either Planning or Building in nature. Currently, the City’s Planning and Building Departments conduct the code enforcement activities in a reactive manor, meaning when the city receives a complaint, an investigation occurs, and the appropriate actions are taken. Since Robert Smith was hired, a municipal code amendment has occurred providing the necessary tools for effective code enforcement. Additionally, since the hiring of Mr. Smith, a total of 21 cases are in various stages. Additional services being provided in the agreement include inspection of cannabis business for compliance with Cloverdale’s Cannabis Ordinance.
Summary:
The attached resolution authorizes the City Manager to extend the agreement with Robert Smith to provide contract code enforcement services for an additional year.
Options:
1. Approve the agreement with Robert Smith to Provide Code Enforcement Services authorizing the City Manager to execute said agreement and authorize budget allocation in the amount of fifty thousand dollars ($50,000) to the General Fund (100-50-501-42150-000); or
2. Provide alternative direction to staff
________________________________________________________________________________________ 78 City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
Item budgeted for in FY 2022/23 account #100-50-502-42150-000 _______________________________________________________________________________________ Attachments:
1. Resolution
2. Exhibit A - Scope of Work and Proposal
79 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. xx –2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE
APPROVING AN AGREEMENT WITH ROBERT SMITH IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000) TO PROVIDE CODE
ENFORCEMENT SERVICES FOR THE CITY OF CLOVERDALE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND
APPROVE A BUDGET EXPENDITURE OF FIFTY THOUSAND DOLLARS
($50,000) TO THE GENERAL FUND (100-50-502-42150-000)
WHEREAS, Code Enforcement is the prevention, detection, investigation, and enforcement of violations of statutes or ordinances regulating public safety, public works, business activities, building standards, landuse, and municipal affairs to preserve the high quality of life expected by Cloverdale residents; and WHEREAS, currently, the City’s Planning and Building Departments conduct the code enforcement activities in a reactive manor, meaning when the city receives a complaint, an investigation occurs, and the appropriate actions are taken; and
WHEREAS, on November 10th, 2021, the City Council adopted resolution 097-2021 authorizing the City Manager to enter into an agreement with Robert Smith for contract code enforcement services; and WHEREAS, the proposed contract with Robert Smith included developing a comprehensive code enforcement consisting of a ordinances or other municipal code amendments, fines and/or fee recommendations, procedures, template letters and notices as needed for effective enforcement of the City’s codes; and
WHEREAS, on November 30, 2022, the contract with Robert Smith expires and the City wishes to enter into a new agreement for an additional 1-year period; and
WHEREAS, the proposed contract with Robert Smith includes managing the City’s day-to-day enforcement of zoning and municipal codes as directed by the Assistant City Manager, including receiving, investigating, and responding to registered complaints, cannabis business inspections, establishing deadlines for compliance, monitoring compliance efforts, levying fines or penalties as necessary, leading complaint through any necessary hearing processes, set up and maintenance of legally compliant complaint files and closing of complaints/files.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cloverdale, State of California, does authorize City Manager to execute the contract with Robert Smith in a form approved by the City Attorney and increasing the budget in the General fund expenses (100-50-502-42150-000) by fifty thousand dollars ($50,000)
80 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 2022 by the following roll call vote:
Ayes: r, Vice M
Noes: None
Absent:
Abstaining: None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachment:
Exhibit A - Scope of Work and Proposal
81 LAW OFFICES OF
ROBERT SMITH
PROPOSED SCOPE
OF SERVICES
2022-2023
The Law Offices of Robert A. Smith (“Consultant”) having completed the 2021/2022 contract year, provide the following scope of services to the City for the 2022/2023 contract year. 2021/2022 was primarily modifying the then existing City municipal code and implementing new administrative procedures with the first administrative hearings occurring in October. The proposed scope of work 2022/2023is primarily focused on gaining compliance as well as cannabis audit assistance.
1. Continue to grow a comprehensive code enforcement program for the City, consisting of a ordinances or other municipal code amendments, fines and/or fee recommendations, procedures, template letters and notices as needed for effective enforcement of the City’scodes.
2. Manage the City’s day-to-day enforcement of zoning and municipal codes as directed by the Assistant Manager. This would include receiving, investigating, and responding to registered complaints, establishing deadlines for compliance, monitoring compliance efforts, levying fines or penalties as necessary, leading complaint through any necessary hearing processes, set up and maintenance of legally compliant complaint files andclosing of complaints/files as well as all Superior Court collection action and/or appeals.
3. Assisting with the execution of cannabis audits and compliance as requested.
The City agrees to provide the following:
1. Desk space for 6 – 8 hours, one day weekly
2. VPN access to the City’s network and common file drive
3. Access to color printer
4. Phone number and desk phone with remotely accessible VM
5. Reimbursement for all costs incurred by Consultant in execution of duties, including:
a. Mailings
b. Letterhead
c. Office supplies germane to duties
d. Hearing Officer charges
e. Court filing fees and service charges
f. Two City polo shirts with “Code Enforcement” and City logo g. Two ball caps with City logo and “Code Enforcement”
h. Cost of two badges (Consultant will order two and submit invoice) i. Code Enforcement Official
ii. Code Enforcement Officer
i. City Photo ID
j. Business cards
82 k. Two magnetic vehicle signs “City of Cloverdale”
Compensation
For the full performance of the Services described above City shall compensate Consultant on a time-and-materials basis at the compensation rates specified in Consultant’s Services Rate Schedule below, provided, however, that total compensation for the full performance by Consultant of the Services shall not exceed fifty-thousand dollars ($50,000), said amount being referred to herein as the “not-to-exceed” amount.
Law Offices City Timeframe Staffing Hours/Ra
te
Attorney
Supervisor x2
Code Enforcement
Officer x1
$150 per
hour 5-10
hours per
week
Administrative
Support
Public Safety
Support
Ongoing
throughout fiscal
year
83 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.8
November 9, 2022
Agenda Section:
Consent
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Amendment No. 2 to Professional Services Agreement with West Yost Associates, Inc. to provide Interim City Engineer Services.
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving Amendment No. 2 to the Professional Services Agreement with West Yost, Inc. to Provide Professional Interim City Engineering Services for the Public Works Department, Authorizing the City Manager to Execute said Agreement at a Cost not to Exceed Three Hundred and Eighty five Thousand Dollars ($385,000.00), and Authorizing a Budget Amendment to cover the proposed expense and extend the contract”. ________________________________________________________________________________________ Background:
On May 27, 2021, the former City Engineer/ Public Works Director submitted a letter of resignation effective June 29, 2021. The City immediately began recruitment efforts and to date has not received a qualified applicant. In response to a significant need for in house professional engineering services, the City solicited proposals from Coastland Civil Engineering and West Yost Inc. West Yost submitted a letter proposal to provide the City of Cloverdale (City) with a proposed Scope of Services, Budget, and Schedule for continuing on-call, as-needed support for interim City Engineer and Public Works Director services through the remainder of the current Fiscal Year.
On October 13, 2021, the City Council approved a contract with West Yost Inc. to provide interim City Engineer and Public Works Director services that included planning, organizing, directing, and overseeing the activities and operations of the Engineering and Public Works Departments, including design and inspection in the areas of land development, traffic, utilities, solid waste, storm, sewer, and water and wastewater treatment. On May 25, 2022, the City Council approved Amendment No. 1 to the Professional Services Agreement to add additional budget and extend the contract. Vanessa Apodaca, Senior Engineer, served as the on-call contract engineer/project manager, with support provided by assigned West Yost staff, as needed.
Ms. Apodaca previously served as the City’s Interim City Engineer for a period of time between 2015-2017 and is uniquely qualified to serve as the City’s Interim City Engineer/Public Works Director. ________________________________________________________________________________________ Summary:
Key tasks and services that were performed under the Professional Services Agreement with West Yost Associates, Inc. to provide Interim City Engineer Services are described below:
84 City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. E.8
Task 1. On-Call Support
West Yost will provide professional engineering services on an as-needed basis and as directed by the City Manager. Ms. Apodaca will be available remotely on an on-call basis for up to seventeen (17) hours per week on average, including up to two (2) in-person visits to City offices or other City facilities per week. Additional hours and/or in-person meetings may be available with advance notice. In addition to Ms. Apodaca’s direct availability, West Yost has additional professional, technical, and office administrative staff available to support the on-call services. Ms. Apodaca supervises and oversees additional support staff needed to address the key functions of the Public Works Departments and corresponding duties of the Streets, Water, and Wastewater Divisions including critical Capital Improvements Projects. In addition, West Yost has provided grants services, project management of capital improvement projects and additional duties related to the drought response process required by the State Water Board.
Duties of the Interim City Engineer include but are not limited to the following work tasks:
• Participate in the development and implementation of both short-range and long-range goals, objectives, policies, and procedures relative to public works engineering activities and maintenance operations.
• Engineering design, construction management, inspection, and land development. • Administer contracts for engineering consultants and construction of municipal buildings and other public works.
• Interpret and/or establish technical criteria, standards, and administrative policies for subordinates, other departments, and the public.
• Determine scope of engineering projects, review plans of private contractors, and make technical engineering decisions.
• Manage, oversee, and participate in the preparation and administration of the Capital Improvement Program.
• Represent the Engineering and Public Works Departments at City Council, local and regional commission meetings.
• Propose, review, and negotiate development conditions and coordinate with developers, contractors, and engineers.
• Prepare and administer the Engineering and Public Works Departments’ budgets and authorize requisitions and payments associated therewith.
• Prepare and present engineering recommendations to the City Council after considering alternatives, advisability, and conformance of proposals with applicable codes, rules, regulations, and industry standards.
• Coordinate engineering activities with other City departments and with outside agencies. • Prepare reports, correspondences, special studies, and technical memorandums. • Respond to citizen inquiries and complaints.
• Provide professional and technical staff assistance.
• Assist with recruitment and selection of in-house City Engineer and Public Works Director.
Under this task, West Yost staff have provided project management services for the following:
• 4th Street Reconstruction project and
• Biosolids Removal Project at the Wastewater Treatment Plant. 85 City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. E.8
Task 2. Project Management and Quality Assurance/Quality Control This task includes project management related activities, including project initiation, general project coordination, and development and review of project invoices.
Other Critical tasks performed by West Yost that are ongoing and require staffing assistance • Preparation and Administration of the successful grant application for the 2021 Urban and Multibenefit Drought Relief Grant Program. West Yost staff cost associated with preparation and submittal of the grant application was approximately $27,500. Ongoing grant administration and project management costs are reimbursable under the grant agreement and are approximately $14,500 to date. Additional costs associated with grant management and implementation are anticipated to be required on an ongoing basis and are subject to reimbursement. • Preparation of preliminary annual water supply and demand assessment required to be submitted to the State Water Board. Preparation of the assessment by West Yost will generate a cost savings of approximately $15,000 when compared to cost proposals from other engineering firms that provide similar services. In addition to preparation and submittal of the assessment, the City anticipates additional ongoing costs associated with responding to the State Board’s requirements for monitoring the City’s water supply.
• Review and participation in the ongoing Russian River Drought Response Group and Voluntary Water Sharing (Drought) Agreement planning process with the State Water Board. • Development review support including processing variance requests, calculating development impact fees, technical reviews of proposed infrastructure, fielding various calls and email requests from applicants’ agents, and addressing non-compliance issues as needed. Costs incurred on behalf of the Baumgardner Ranch and Dry Creek Rancheria (Bi’Du Khaal) developments are subject to reimbursement by the developers and are approximately $45,700 to date.
In order to continue to utilize West Yost as the City’s Interim City Engineer, it is necessary to amend the existing professional services agreement. Attached is a Resolution authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with West Yost, Inc. to continue to provide Professional Engineering Services needed to serve as the City’s Interim City Engineer and Public Works Director through the end of the 2022-2023 fiscal year.
________________________________________________________________________________________ Alternative Options:
1. Reject the proposed resolution; or
2. Recommend alternatives to Amendment No. 2 to the West Yost, Inc. PSA; or ________________________________________________________________________________________ Subcommittee Recommendation:
The proposal from West Yost was not reviewed by a Council Subcommittee prior to Council consideration. ________________________________________________________________________________________ 86 City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. E.8
Budget/Financial Impact:
The costs associated with this agreement would be covered by a combination of existing staffing budget in the adopted Fiscal Year 2022-2023 Budget.
________________________________________________________________________________________ Attachments:
1. Resolution
2. West Yost Proposal and Fee Estimate
87 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ____ –2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST, INC. TO PROVIDE PROFESSIONAL INTERIM
CITY ENGINEERING SERVICES, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT AT A COST NOT TO EXCEED THREE-HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($385,000.00), AND
AUTHORIZING A BUDGET AMENDMENT TO COVER THE PROPOSED EXPENSE AND EXTEND THE CONTRACT WHEREAS, the City solicited proposals to provide the City of Cloverdale (City) with a proposed Scope of Services, Budget, and Schedule for continuing on-call, as-needed support for interim City Engineer and Public Works Director services starting in September 2021; and
WHEREAS, West Yost submitted a letter proposal to provide the City of Cloverdale (City) with a proposed Scope of Services, Budget, and Schedule for continuing on-call, as-needed support for interim City Engineer and Public Works Director services; and
WHEREAS, West Yost’s Senior Engineer Vanessa Apodaca is uniquely qualified to serve as the City’s Acting City Engineer/Public Works Director; and
WHEREAS, Consultant originally provided a proposal to provide Interim City Engineer services in the amount of One Hundred Seventy Five Thousand Dollars ($175,000.00); and WHEREAS, Consultant subsequently provided a proposal to amend the Professional Services Agreement in the amount of Two Hundred Seventy Thousand Dollars ($270,000.00); and WHEREAS, the City Council approved a Professional Services Agreement with West Yost on October 13, 2021 and the amendment to the Professional Services Agreement on May 25, 2022; and WHEREAS, West Yost provided an updated proposal attached hereto as Exhibit “A” to continue to provide Interim City Engineer services for the City through the 2022-2023 fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby authorizes the City Manager to execute said Professional Services Agreement amendment on behalf of the City at a cost not to exceed Three Hundred Eighty Five Thousand Dollars ($385,000.00), and authorizing a budget amendment to cover the proposed expense and extend the contract.
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 2022 by the following roll call vote:
AYES: (_)
NOES: (_)
ABSTAIN: (_)
ABSENT: (_)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A – Amendment No. 2 to West Yost Scope of Work 88 2235 Mercury Way
Suite 105
Santa Rosa CA 95407
707.543.8506 phone
530.756.7991 fax
westyost.com
October 26, 2022 SENT VIA: EMAIL
Mr. David J. Kelley
City of Cloverdale
City Manager
124 North Cloverdale Boulevard
Cloverdale, CA 95425
SUBJECT: Budget Increase for On Call Interim City Engineer and Public Works Director Services Dear David:
The purpose of this letter proposal is to request additional budget to continue to provide the City of Cloverdale (City) with continuing on-call, as-needed support for interim City Engineer and Public Works Director services through the 2022-2023 fiscal year.
Several factors have increased the on-call support workload from what was previously anticipated including the ongoing absences of a City Public Works Director and an Engineering Technician, challenges with development review, and successful grant applications that require grant administration and management for the $3,005,000 in grant funds West Yost assisted the City in securing. In order to provide Cloverdale staff and citizens the necessary level of service, we’ve brought in additional support staff and allocated additional hours to address the following:
Encroachment permit intake, review, coordination with applicants, payment and insurance verification, preparation of conditions of approval, surety confirmation, and coordination with other City departments.
Participation in the Russian River Drought Response Group (RRDRG) including weekly and biweekly subcommittee meetings, preparation of notes, coordination with State Water Board and the RRDRG facilitator, reviewing and commenting on drafts of voluntary agreements, and coordination with City staff and Council/Subcommittee. Preparation, coordination, and facilitation of various engineering consultant contracts including reviewing proposals, participating in kick-off meetings, and reviewing/commenting on work products.
Participation in monthly stormwater MS4 Co-Permittee meetings, monthly meetings with the Regional Water Quality Control Board, annual stormwater sampling coordination, annual stormwater reporting, and general MS4 stormwater permit compliance. Coordinating Public Works inspections for development projects and encroachment permits including coordination with applicants, contractors, and the inspection consultant regarding applications, as-built conditions, contractor operations, and bond releases. Funding opportunity research with recommendations and reporting to City staff and preparing grant applications as directed.
89 David Kelley
October 26, 2022
Development review support including processing variance requests, calculating development impact fees, technical reviews of proposed infrastructure, fielding various calls and email requests from applicants’ agents, and addressing non-compliance issues as needed.
Urban and Multibenifit Drought Relief Grant Program grant administration and project management including grant contract negotiations, meeting participation, public outreach tasks, environmental clearance coordination, and consultant and contractor solicitations. General technical engineering issues as needed.
As stated in our May 16, 2022 proposal letter, we would not exceed the previous estimated cost of $270,000 without written authorization. Additional budget estimate of $385,000 is required to complete the work associated with this assignment through the duration of this fiscal year.
BUDGET AND SCHEDULE
West Yost will continue with the Scope of Services described above and in our September 29, 2021 proposal letter on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2022 and 2023 Billing Rate Schedules. We have assumed a monthly level of effort of approximately 70 hours of Ms. Apodaca’s time and 130 hours of additional technical and support staff. Actual level of effort may be less, depending on the City’s needs. In addition to City Engineering and Public Works Director support services, this level of effort reflects the current in-house Engineering Technician vacancy. Should the City successfully recruit in-house Engineering and/or Public Works staff, the level of effort for additional support staff is expected to reduce.
West Yost estimates the duration of the on-call support services to last through the current fiscal year for a not-to-exceed budget of an additional $385,000. West Yost will not exceed the estimated cost without written authorization. If additional budget is required to complete work associated with this assignment, we will consult with the City to determine an appropriate scope and fee amendment. Contract extensions and budget amendments may be subject to an annual increase in billing rates.
Thank you for the opportunity to continue to be of service to the City of Cloverdale. Please contact me if you have any questions.
Sincerely,
WEST YOST ASSOCIATES
Vanessa Apodaca, PE
Senior Engineer II
RCE #74824
Greg Chung
Vice President
Attachments: A. West Yost 2022 and 2023 Billing Rate Schedules 90 West Yost’s 2022 and 2023 Billing Rate Schedules
Attachment A
91 (Effective August 1, 2022 through December 31, 2022)*
POSITIONS
ENGINEERING
Principal/Vice President $328
Engineer/Scientist/Geologist Manager I / II $310 / $324 Principal Engineer/Scientist/Geologist I / II $280 / $298 Senior Engineer/Scientist/Geologist I / II $251 / $264
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $93
Administrative I / II / III / IV $89 / $112 / $134 / $148
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $322 / $324
Principal Tech Specialist I / II $296 / $306
Senior Tech Specialist I / II $271 / $283
Senior GIS Analyst $245
GIS Analyst $232
Technical Specialist I / II / III / IV $173 / $197 / $221 / $247 Technical Analyst I / II $124 / $148
Technical Analyst Intern $100
Cross-Connection Control Specialist I / II / III / IV $129 / $140 / $157 / $175 CAD Manager $195
CAD Designer I / II $151 / $171
CONSTRUCTION MANAGEMENT
Senior Construction Manager $313
Construction Manager I / II / III / IV $191 / $205 / $217 / $275 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $167 / $185 / $207 / $215 Apprentice Inspector $151
CM Administrative I / II $81 / $109
Field Services $215
2022 Billing Rate Schedule
LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2 92
(Effective August 1, 2022 through December 31, 2022)*
Equipment Charges
EQUIPMENT
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
BILLING RATES
2022 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2 93
(Effective January 1, 2023 through December 31, 2023)*
POSITIONS
ENGINEERING
Principal/Vice President $338
Engineer/Scientist/Geologist Manager I / II $319 / $334 Principal Engineer/Scientist/Geologist I / II $288 / $307 Senior Engineer/Scientist/Geologist I / II $259 / $272
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $93
Administrative I / II / III / IV $92 / $115 / $138 / $152
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $332 / $334
Principal Tech Specialist I / II $305 / $315
Senior Tech Specialist I / II $279 / $291
Senior GIS Analyst $252
GIS Analyst $239
Technical Specialist I / II / III / IV $178 / $203 / $228 / $254 Technical Analyst I / II $128 / $152
Technical Analyst Intern $103
Cross-Connection Control Specialist I / II / III / IV $133 / $144 / $162 / $180 CAD Manager $201
CAD Designer I / II $156 / $176
CONSTRUCTION MANAGEMENT
Senior Construction Manager $322
Construction Manager I / II / III / IV $197 / $211 / $224 / $283 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $172 / $191 / $213 / $221 Apprentice Inspector $156
CM Administrative I / II $83 / $112
Field Services $221
2023 Billing Rate Schedule
LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2 94
(Effective January 1, 2023 through December 31, 2023)*
Equipment Charges
EQUIPMENT
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
BILLING RATES
2023 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2 95
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
E.9
November 9, 2022
Agenda Section:
Consent
Staff Contact:
Jose Sanchez, City Attorney
Alex Mog, Attorney
Agenda Item Title:
Consideration of Resolution Approving a Memorandum of Understanding with the Dry Creek Rancheria Band of Pomo Indians Regarding the Formation of a Community Facilities District to Reimburse the Cost of Certain Public Infrastructure Improvements
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Dry Creek Rancheria Band of Pomo Indians Regarding the Formation of a Community Facilities District to Reimburse the Cost of Certain Public Infrastructure Improvements.”
________________________________________________________________________________________ Background:
Over the last few years, the Dry Creek Rancheria Band of Pomo Indians (the “Tribe”) has applied for, and completed, the process to annex a number of parcels in south Cloverdale. Those parcels were within the City’s voter-approved Urban Growth Boundary, County Urban Service Boundary and LAFCo approved Sphere of Influence for the City. The annexation process was completed last month, and the parcels are now within the City of Cloverdale.
The purposes of the annexation was to facilitate the development of the area, including the construction of a residential development consisting of 25 detached dwelling units, of which 24 would be reserved as age restricted, affordable housing (the “Project”). The Project, known as the Bi’ Du Khaale Senior Housing Project, was approved by the City Council on October 27, 2021. Because the Project is in a currently undeveloped area, significant infrastructure improvements are necessary to make the development feasible. These nclude sewer line, storm drain, and water line extensions, as well as street improvements and the installation of a sewer pump station (the “Infrastructure Improvements”). A full list of the Infrastructure Improvements is included as Attachment 3. While the Infrastructure Improvements are necessary for the Project, they will also benefit future development in the area.
The conditions of approval for the Project require the Tribe to construct the Infrastructure Improvements.
However, because other development in the area will benefit from these improvements, the Tribe should be reimbursed for the cost to construct the infrastructure as development occurs so that the Tribe is only responsible for its proportionate share of the costs of the Infrastructure Improvements. 96 City Council/Successor Agency Agenda Item Summary
November 9, 2022
Item No. ____
________________________________________________________________________________________ Summary:
In order to facilitate reimbursement of the Infrastructure Improvements, the City and Tribe are proposing to form a Community Facilities District (“CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982.
When a CFD is formed, a special tax is levied on real property within the District. The special tax may be used to pay for capital improvements and certain eligible services The amount of the special tax is determined by a rate and method of apportionment (“RMA”) approved by the City Council at the time the CFD is formed.
The RMA generally establishes a tax rate that differs based on the type of development (single family, multifamily, commercial, industrial). CFD may impose a one-time tax paid upon development, an annual tax, or both. Formation of the CFD requires approval from property owners within the District’s boundaries.
The proposed Memorandum of Understanding (“MOU”) between the City and Tribe is an agreement to cooperate toward the formation of a CFD to reimburse the Tribe for the cost of the Infrastructure Improvements, and establishes a broad framework for the proposed CFD. The MOU identifies that various components of the Infrastructure Improvements and the estimated cost of each component. The total engineer’s estimate for the Infrastructure Improvements is $4,806,420. The MOU provides that the Tribe cannot be reimbursed more than the actual costs of construction, less its proportionate share. In addition, the maximum reimbursement is the engineer’s estimate, plus an additional 50% contingency to account for the unpredictable cost of construction currently due to high inflation and supply chain disruptions. The Infrastructure Improvements must be accepted by the City before they are eligible for reimbursement.
The proposed MOU anticipates that the CFD will be initially formed solely to include the eligible property owned by the Tribe. Other property in the area will be required to annex into the CFD as a condition of future development. The special tax imposed by the CFD will be used first to reimburse the Tribe before it is used for any other purpose. The City plans on retaining NBS, a consulting firm with extensive experience, to assist with the formation of the CFD and development of the RMA. The RMA depends on a number of factors, including the costs of the Infrastructure Improvements and the anticipated development in the area. As part of this process, the City will explore whether the RMA can and should be used for other additional purposes, such as related maintenance expenses.
Because reimbursement through the CFD is conditioned on the future development of the area, if development does not occur, the Tribe will not be fully reimbursed. In addition, certain development in the area may be exempt from any special tax. For example, the Cloverdale School District owns property in the area. If that property is developed for a school use, it will be exempt from the CFD’s special tax. Additionally, state law was recently amended to exempt affordable housing projects from CFD special taxes. If the Tribe is not fully reimbursed by the CFD, or the CFD is not formed within 6 months, the City has agreed to meet in good faith with the Tribe to explore alternative options for reimbursement. However, the MOU is explicit that the City is not responsible for reimbursing the Tribe.
If the proposed MOU is approved by the City Council, staff will begin working on forming the CFD. The process will require further formal approval from the City Council over multiple meetings. If and when the CFD is formed, it may be necessary for the Tribe and City to enter into a more detailed and binding agreement based on the specifics of the CFD.
97 City Council/Successor Agency Agenda Item Summary
November 9, 2022
Item No. ____
________________________________________________________________________________________ Alternative Options:
1. Do not adopt the Resolution approving the MOU with the Dry Creek Rancheria Band of Pomo Indians regarding the Formation of the CFD.
2. Direct staff to explore other options for reimbursing the Dry Creek Rancheria Band of Pomo Indians for infrastructure improvements.
________________________________________________________________________________________ Subcommittee Recommendation:
On October 3, 2022, the Finance, Administration and Police Subcommittee reviewed a draft proposal from NBS to provide necessary technical assistance with the formation of the CFD contemplated by the proposed MOU. The Subcommittee recommended changes to the scope to keep the proposal within the City Manager’s spending authority. The MOU itself was not reviewed by the Subcommittee. ________________________________________________________________________________________ Budget/Financial Impact:
The City will retain NBS to assist with the formation of the CFD contemplated by the proposed MOU, which will cost between $40,000-$50,000 depending on the exact scope of services needed. In addition, significant staff time and City Attorney time will be necessary to form the CFD. ________________________________________________________________________________________ Attachments:
1. Resolution Approving a Memorandum of Understanding with the Dry Creek Rancheria Band of Pomo Indians Regarding the Formation of a Community Facilities District to Reimburse the Cost of Certain Public Infrastructure Improvements
2. Memorandum of Understanding Between the City of Cloverdale and the Dry Creek Rancheria Band of Pomo Indians Regarding Reimbursement of Infrastructure Improvements.
3. Infrastructure Improvements (Exhibit B to MOU)
5232169.1
98 1
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. 059-2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A
MEMORANDUM OF UNDERSTANDING WITH THE DRY CREEK RANCHERIA BAND OF POMO
INDIANS REGARDING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT TO
REIMBURSE THE COST OF CERTAIN INFRASTRUCTURE IMPROVEMENTS WHEREAS, the Dry Creek Rancheria Band of Pomo Indians (the “Tribe”) has applied for, and completed, the process to annex a number of parcels in south Cloverdale; and WHEREAS, the purposes of the annexation was to facilitate the development of the area, including the construction of a residential development consisting of 25 detached dwelling units, of which 24 would be reserved as age restricted, affordable housing (the “Project”); and WHEREAS, because the Project is in a currently undeveloped area, significant infrastructure improvements are necessary to make the development feasible; and WHEREAS, the improvements include sewer line, storm drain, and water line extensions, as well as street improvements and the installation of a sewer pump station (the “Infrastructure Improvements”); and
WHEREAS, while the Infrastructure Improvements are necessary for the Project, they will also benefit future development in the area; and
WHEREAS, the conditions of approval for the Project require the Tribe to construct the Infrastructure Improvements, but because other development in the area will benefit from these improvements, the Tribe should be reimbursed for the cost to construct the infrastructure as development occurs so that the Tribe is only responsible for its proportionate share of the costs of the Infrastructure Improvements; and WHEREAS, in order to facilitate reimbursement of the Infrastructure Improvements, the City and Tribe are proposing to form a Community Facilities District (“CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982; and
WHEREAS, the proposed Memorandum of Understanding (“MOU”) between the City and Tribe is an agreement to cooperate toward the formation of a CFD to reimburse the Tribe for the cost of the Infrastructure Improvements, and establishes a broad framework for the proposed CFD; and
99 2
WHEREAS, the MOU provides that the Tribe cannot be reimbursed more than the actual costs of construction ($4,806,420), less its proportionate share, plus a 50% contingency; and WHEREAS, if the CFD is not formed or the Tribe is not fully reimbursed, the City and Tribe will meet in good faith to explore alternative options for reimbursement. However, the City is not responsible for reimbursing the Tribe; and
WHEREAS, the City Council desires to enter into the MOU and begin the process of forming the CFD.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale does hereby find, determine, and declare as follows:
1. The foregoing recitals are true and correct and are hereby incorporated by reference.
2. The City Manager is authorized to execute the Memorandum of Understanding Between the City of Cloverdale and the Dry Creek Rancheria Band of Pomo Indians Regarding Reimbursement of Infrastructure Improvements, with such changes as approved by the City Attorney.
3. The City Manager is authorized and directed to take all actions necessary to carry out the purposes and intent of this Resolution.
3. This Resolution shall become effective immediately upon its passage and adoption.
It is hereby certified that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on the 9th day of November, 2022 by the following roll call vote:
AYES in favor of:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
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1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CLOVERDALE AND
THE DRY CREEK RANCHERIA BAND OF POMO INDIANS
REGARDING REIMBURSEMENT OF INFRASTRUCTURE IMPROVEMENTS
This Memorandum of Understanding ("Agreement") is entered into as of ____________(the “Effective Date”), by and between the City of Cloverdale (the "City") and the Dry Creek Rancheria Band of Pomo Indians (the "Tribe") (referred to herein collectively as "the Parties" and as to each as a "Party"). The terms "City" and "Tribe" as used herein shall include the Parties' governmental entities, departments and officials unless otherwise stated.
RECITALS
WHEREAS, the Tribe purchased that certain real property in the City of Cloverdale identified as ____________, and further depicted in Exhibit A, attached hereto and incorporated herein (the “Tribe Property”) in September 2018, to develop elder housing for tribal members who meet income eligibility requirements; and
WHEREAS, the Tribe proposed the construction of a residential development totaling 25 detached dwelling units and related improvements known as the Bi’Du Khaale Affordable Housing Project on a portion of the Tribe Property (the “Project”); and WHEREAS, in order to develop the Project, the Tribe was required to annex the Tribe Property into the City limits; and
WHEREAS, the Tribe has considerable development experience and a successful 25-year track record of delivering HUD-funded affordable housing programs; and WHEREAS, the Tribe’s development partner, Travois, will be providing asset management and compliance services during the first seven years of operation; and WHEREAS, the federal NEPA compliance process was completed when the Tribe purchased the property; and
WHEREAS, on October 28, 2021, the City approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project pursuant to the California Environmental Quality Act; and
WHEREAS, the City and the Tribe seek to work together to expand access to affordable housing for tribal members, with a focus on tribal elders, consistent with the aims of the Project; and WHEREAS, new infrastructure is required in south Cloverdale in order properly serve the Project, as further specified in Exhibit B, attached hereto and incorporated herein by reference (the “Infrastructure Improvements”), and the Infrastructure Improvements will serve the Project and other areas; and
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2 WHEREAS, the City has determined that it will obtain no advantage from undertaking the construction of the Infrastructure Improvements, and that the Infrastructure Improvements may be constructed by the Tribe; and
WHEREAS, the Parties have agrees that the Tribe will construct the Infrastructure Improvements at its sole cost and expense and will be reimbursed for such costs by other owners of other properties benefitting from the Infrastructure Improvements as such properties develop (the “Benefitting Properties”); and
WHEREAS, the City is pursuing the creation of a Community Facilities District, pursuant to The Mello-Roos Community Facilities Act of 1982, as the financing mechanism for reimbursing Tribe the costs of the Infrastructure Improvements; and WHEREAS, the Benefitting Properties will be annexed into the planned Community Facilities District upon development and required to pay the applicable special tax, which shall be used to reimburse the Tribe; and
WHEREAS, the planned Community Facilities District has not yet been formed, but the Parties desire to enter into this Agreement to memorialize the understanding of the Parties with regard to the reimbursement of the Tribe’s expenses in constructing the Infrastructure Improvement.
NOW, THEREFORE, in consideration of the promises, the mutual covenants, and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties hereto, intending to be legally bound, agree as follows.
AGREEMENT
1. RECITALS
The above recitals are true and correct and incorporated into this Agreement as though stated herein.
2. INFRASTRUCTURE IMPROVEMENTS.
2.1 Construction. The Tribe shall construct the improvements identified in Exhibit B, attached hereto and incorporated herein. The Tribe agrees to submit plans and specifications prior to construction of the Infrastructure Improvements for approval by the City Engineer including approval for design. The Tribe agrees to construct the Infrastructure Improvements in accordance with the plans and specifications that have been approved by the City.
2.2 Acceptance. Upon completion of construction by Tribe, the City shall have the right to inspect and accept the Infrastructure Improvements for compliance with the approved plans and specifications, which acceptance shall not be unreasonably withheld. The Tribe shall not be entitled to any reimbursement for any portion of the Infrastructure Improvements until inspected and accepted by the City.
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3 2.3 Reimbursement. The Tribe has received bids for the cost of constructing each separate component of the Infrastructure Improvements, which is shown in Exhibit B. The Parties agree that the maximum amount that Tribe shall be entitled to for constructing the Infrastructure Improvements is Four Million Eight Hundred Six Thousand Four Hundred Twenty Dollars ($4,806,420)(the “Reimbursement Amount”). The Reimbursement Amount is the cost of constructing the Infrastructure Improvements, less the Tribe’s proportionate share of such costs. The City Manager may increase the Reimbursement Amount if the actual cost of the Infrastructure Improvements, less the Tribe's proportionate share, exceeds the Reimbursement Amount by an amount not to exceed 50% of the figures identified in Exhibit B. The Tribe shall not be entitled to any reimbursement until City's receipt of substantiating documentation from the Tribe and reasonable approval by the City of the completion thereof, demonstrating the actual reasonable cost of completing the Infrastructure Improvements.
2.4 Contingent Reimbursement. The Tribe acknowledges and understands that payment of the Reimbursement Amount will be contingent on the Benefiting Properties developing for new uses, and that failure of all or some of the Benefiting Properties to develop may result in Tribe not receiving the Reimbursement Amount. The Benefiting Properties are identified in Exhibit B, attached hereto and incorporated herein. If the amount collected by the CFD is insufficient to pay the Reimbursement Amount, the City shall have no obligation to pay the outstanding amount. However, the City shall cooperate with the Tribe on identifying other options for reimbursement, including an agreement to require any property in the south Cloverdale area that is annexed into the City of Cloverdale after the Tribe installs the Infrastructure Improvements to reimburse the Tribe for its proportionate share of the Infrastructure Improvements as a condition of the annexation.
2.5 Subsequent Agreement. The Parties may mutually agree to enter into a subsequent binding agreement further specifying the process for the payment of the Reimbursement Amount after the formation of the Community Facilities District.
3. COMMUNITY FACILITIES DISTRICT
3.1 CFD. The Parties agree that the most appropriate method for financing the Reimbursement Amount is the creation of a Community Facilities District (the “CFD”), pursuant to The Mello-Roos Community Facilities Act of 1982, Government Code Sections 53311 et seq. (the “Act”). All Benefiting Properties will be included in the CFD upon formation or will be designated for future annexation into the CFD upon development.
3.2 Special Tax. The Parties agree that Properties within the boundaries of the CFD will be subject to a special tax. The special tax may include both a one-time tax collected upon development, as well as annual taxes collected as part of the property tax roll. Any special taxes shall be established pursuant to a Rate and Method of Apportionment adopted as part of the formation of the CFD. Any 103
4 funds collected from the one-time special tax shall be used first to pay any costs of administering the CFD, then to pay the Tribe the Reimbursement Amount.
Only after the Tribe has received the full amount of the Reimbursement Amount may the City use the one-time special tax for any other purposes, if allowed by applicable laws.
3.3 Formation. The CFD shall be formed pursuant to the requirement of the Act.
Without limiting the foregoing, formation of the CFD will require a balloting to obtain the approval of the property owners to be initially included in the CFD, as well as the approval of the City Council.
3.4 Non-Binding Effect. The City agrees to pursue the formation of the CFD and to cooperatively work with the Tribe for such purpose. However, the Parties acknowledge and agree that this Agreement does not bind either the City or Tribe to approve the formation of the CFD. Failure to form the CFD shall not be considered a default under this Agreement. In the event that the CFD is not formed within six months of the Effective Date, the Parties agree to meet in good faith to discuss other options for the Tribe receiving the Reimbursement Amount.
The City shall have absolutely no obligation to pay the Tribe the Reimbursement Amount. However, if the CFD is not formed, the City and the Tribe will meet and confer regarding an alternative form of reimbursement.
4. CONSTRUCTION OBLIGATIONS
4.1 Hold Harmless and Indemnification. To the fullest extent permitted by law, the Tribe agrees to indemnify, defend (with counsel reasonably acceptable to the City), and hold harmless the City and its elected and appointed officers, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all third party liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature to the extent arising out of or in connection with the construction of the Infrastructure Improvements, except to the extent any such Liability is caused by the negligence or willful misconduct of the City Indemnitees.
4.2 No Relief of Other Obligations. This Agreement does not relieve the Tribe from complying with all generally applicable laws and regulations in the performance of this Agreement and constructing the Infrastructure Improvements. This Agreement also does not relieve the Tribe from obtaining all required entitlements, permits, authorizations, or other approvals for any other work proposed at the Property.
4.3 Prevailing Wages. The Tribe covenants that, with respect to any contracts or subcontracts for the construction of the Infrastructure Improvements, it will to the extent applicable assure complete compliance with California Prevailing Wage Law, Labor Code section 1720 et seq., for such construction as if the Infrastructure Improvements.
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5 4.4 Insurance. The Tribe shall maintain, or ensure that its contractors or subcontractors maintain, during the life of this Agreement the following policies of insurance:
a) Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage.
b) Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
c) Automobile Liability (Code 1) Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per accident for bodily injury and property damage.
d) It is agreed that the insurance required hereunder shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and shall be extended to include as additional insureds the City, its officials, employees and agents, with respect to operations performed Tribe as described herein. Evidence of the insurance described above shall be provided to City upon execution of this Agreement.
5. MISCELLANEOUS
5.1 Default. In the event of default by the Tribe hereunder which is not cured following written notice and an opportunity to cure, the costs and expenses of City for which the Tribe shall be liable shall include but not be limited to the City’s costs of suit and reasonable attorney’s fees if the City is the prevailing party in any such suit.
5.2 Independent Contractor. The Tribe is an independent contractor and nothing contained in this Agreement shall be construed as creating an employer/employee, joint venture, or principal/agent relationship between City and Tribe.
5.3 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue to be in full force and effect.
5.4 Execution in Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all parties. 105
6 5.5 Entire Agreement. This Agreement represents the entire and integrated agreement between the parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.
5.6 Governing Law & Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any dispute arising out of this Agreement shall be the state or federal courts in Sonoma County, California.
5.7 Interpretation. This Agreement has been negotiated at arm’s length and each party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties.
Accordingly, each party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting party.
5.8 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement.
SIGNATURES ON FOLLOWING PAGE
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7 IN WITNESS WHEREOF, this Agreement is executed by Buyer and Seller as of the Effective Date.
CITY DRY CREEK RANCHERIA, BAND OF
City of Cloverdale POMO INDIANS
a California Municipal Corporation
By:_________________________ By:_________________________ David Kelly, City Manager Chris Wright
Dry Creek Rancheria Chairman
Date: _______________________ Date: _______________________
ATTEST: ATTEST:
By ___________________________ By ___________________________ Michael Maloney, City Clerk Marjie Rojes, Tribal Secretary APPROVED AS TO FORM:
By ________________________________
Jose M. Sanchez, City Attorney
5230330.2
107
8 EXHIBIT A
Dry Creek Rancheria Band of Pomo Indians Property
108
9 EXHIBIT B
Infrastructure Improvements
109
Attachement - B Public Improvements
Shared Benefit
Engineers Estimate
Item Unit Quantity Unit $ Total $
General
Mobilization LS 1 $ 80,000.00 $ 80,000
Clear and Grub LS 1 $ 15,000.00 $ 15,000
Earthwork CY 3,300 $ 20.00 $ 66,000
Street Improvements
12" Conc. Retaining Wall 0.25'-2' High LF 55 $ 200.00 $ 11,000 12" Conc. Retaining Wall 2'-4' High LF 47 $ 250.00 $ 11,750 10" Retaining Curb LF 40 $ 250.00 $ 10,000
Asphalt Concrete TON 740 $ 500.00 $ 370,000
Class II Aggregate base CY 2,000 $ 100.00 $ 200,000
PCC Pedestrian Ramp EA 6 $ 4,000.00 $ 24,000
Sewer Improvements
8" SDR35-PVC Sewer Line LF 800 $ 175.00 $ 140,000
8" Sewer Cleanout EA 2 $ 1,500.00 $ 3,000
8" Sewer Gate Valve EA 1 $ 4,000.00 $ 4,000
48" Sanitary Sewer Manhole EA 4 $ 6,500.00 $ 26,000
60" Sanitary Sewer Manhole EA 1 $ 7,500.00 $ 7,500
60" Sanitary Sewer Wet Well EA 1 $ 12,000.00 $ 12,000
Sewer Lift Station Package LS 1 $ 250,000.00 $ 250,000
4" PVC SCH-80 SS Force Main LS 1,150 $ 130.00 $ 149,500 Backup Generator LS 1 $ 30,000.00 $ 30,000
Storm Drain Improvements
18" HDPE Storm Pipe LF 980 $ 175.00 $ 171,500
48" Storm Manhole EA 1 $ 13,000.00 $ 13,000
60" Storm Manhole EA 1 $ 16,000.00 $ 16,000
24" Nyoplast Drop Inlet CB with Slot Drain EA 3 $ 2,200.00 $ 6,600 24" Nyoplast Drop Inlet Catch Basin EA 6 $ 2,000.00 $ 12,000 Storm Outfall EA 1 $ 5,000.00 $ 5,000
Bio-retention Structural Soil CY 350 $ 200.00 $ 70,000
Tie Into City Storm Drain LS 1 $ 5,000.00 $ 5,000
Water Improvements
12" C900-PVC Water Line LF 4,500 $ 200.00 $ 900,000
8" C900-PVC Water Line LF 850 $ 180.00 $ 153,000
Fire Hydrant EA 3 $ 12,000.00 $ 36,000
6" Gate Valves EA 11 $ 3,000.00 $ 33,000
8" Gate Valves EA 2 $ 3,500.00 $ 7,000
8" Air Relief Valves EA 1 $ 4,000.00 $ 4,000
12" Gate Valves EA 19 $ 5,000.00 $ 95,000
12" Air Relief Valves EA 2 $ 5,000.00 $ 10,000
1 110
Attachement - B Public Improvements
Shared Benefit
Engineers Estimate
12x12x12" Tee EA 3 $ 5,000.00 $ 15,000
12x12x8" Tee EA 1 $ 5,000.00 $ 5,000
12x12x6" Tee EA 9 $ 5,000.00 $ 45,000
8x8x6" Tee EA 2 $ 4,000.00 $ 8,000
Water Tie Into Existing LS 1 $ 5,000.00 $ 5,000
Dry Utilities
Joint Trench LF 3,650 $ 250.00 $ 912,500
Signing‐Lighting‐Pavement Markings
Traffic Stripes & Pavement Markings LS 1 $ 25,000.00 $ 25,000 Street lights EA 5 $ 8,000.00 $ 40,000
Stop Signs EA 2 $ 1,500.00 $ 3,000
Materials subtotal $ 4,005,350
Contingency 20% $ 801,070
Total $ 4,806,420
This estimate is not intended to be an apportionment analysis. The estimate above represents the engineers opinion of probable costs for public improvements that will likley be to the benefit of the public and lands within the Southwest Gateway Planning Area. 2 111
City Council/Successor Agency
Agenda Item Summary Agenda Item: F.1
Meeting Date: November 9, 2022
Agenda Section:
Public Hearing
Staff Contact:
Kevin Thompson, Assistant City Manager / Comm. Dev. Director Agenda Item Title:
Adoption of the 2022 California Building Standards Codes and the 2022 Fire Code by Reference and amending Title 15, “Buildings and Construction” of the Cloverdale Municipal Code.
Recommended Council Action(s):
1) Introduce, by title only and waiving reading of the text, of an Ordinance titled:
An Ordinance of the City of Cloverdale Repealing and Replacing Cloverdale Municipal Code Chapters 15.00 through 15.18 and Adopting By Reference the 2022 California Building Standards Code, Title 24; the 2022 California Administrative Code (Part 1) including Tables; the 2022 California Building Code (Part 2) including Tables and Appendices C, I, J, O and P; the 2022 California Residential Building Code (Part 2.5) including Tables and Appendices AH, AQ, AS, AX, and AZ; the 2022 California Electrical Code (Part 3) including Tables and Appendices A, B, C, F, and G; the 2022 California Mechanical Code (Part 4) including Tables and Appendices B, C and F; the 2022 California Plumbing Code (Part 5) including Tables and Appendices A, B, C, D, G, I, J and K; the 2022 California Energy Code (Part 6) including Tables and Appendix 1-A; the 2022 California Historical Building Code (Part 8) including Tables and Appendix A; the 2022 California Fire Code (Part 9) with Appendices, Standards and NFPA Standards by Reference; the 2022 California Existing Building Code (Part 10) including Tables and Appendix A, Chapters A1 through A5 ; the 2022 California Green Building Standards Code (Part 11) including Tables and Appendices A4 and A5; the 2022 California Referenced Standards Code (Part 12 of Title 24) including Tables; and the 2021 International Property Maintenance Code
2) By motion, schedule a public hearing for second reading and adoption of the Ordinance for December 14, 2022, at 6:00 p.m.
________________________________________________________________________________________ Background:
The California Building Standards Commission (CBSC) is the state body responsible for the administration of the processes for development, adoption, approval, publication, and implementation of California's building codes. Every three (3) years the CBSC conducts code development hearings to gain input from developers, building officials, local and state government leaders and other interested parties to review the Building Code Standards for the State of California. These standards contain the minimum building requirements for the State of California and are automatically adopted for local jurisdictions. Although each new edition contains minor technical changes, these changes can be incorporated in the design of the projects and generally do not have a significant impact on constructability. _______________________________________________________________________________________ Summary:
It is mandatory that each jurisdiction within the State of California, including the City of Cloverdale implement the 2019 Building codes. In order to effectively accomplish this, each jurisdiction must adopt 112
City Council/Successor Agency Agenda Item Summary
Meeting Date: November 9, 2022
Item No. F.1
rules and requirements for administering these codes. Title 15 of the Cloverdale Municipal Code contains the administrative requirements for implementation of the California Building and Fire Codes. However, these requirements need to be modified to accommodate the new editions of the California Building, Residential, Electrical, Plumbing, and Mechanical codes every three years. Any amendments by the City must be as stringent as the CBSC, however, local jurisdictions can adopt more restrictive amendments, if necessary, to account for local climatic, geographical, topographical conditions or sustainable goals. The 2022 Building Code does not include any significant changes. ________________________________________________________________________________________ Options:
1. Introduce for first reading and waive reading of the text of an Ordinance adopting the 2022 California Building Standards Codes and the 2022 Fire Code by Reference and amending Title 15, “Buildings and Construction” of the Cloverdale Municipal Code and set public hearing for the second reading; or
2. Provide alternative direction to City Staff regarding the proposed Municipal Code Update. ________________________________________________________________________________________ Subcommittee Recommendation:
None
________________________________________________________________________________________ Budget/Financial Impact:
No impact
________________________________________________________________________________________ Attachments:
1. Redline version of ordinance
2. Clean version of ordinance
113
City of Cloverdale
Ordinance No. 732-2019
An Ordinance of the City of Cloverdale Repealing and Replacing Cloverdale Municipal Code Chapters 15.00 through 15.18 and Adopting By Reference the 20192022 California Building Standards Code, Title 24;, which includes the 20192022 California Administrative Code (Part 1) including Tables; the 20192022 California Building Code (Part 2) including Tables and Appendices C, I, J, L and O ,and P based on the 2018 International Building Code; the 20192022 California Residential Building Code (Part 2.5) including Tables and Appendices AH, AQ, AS, VAX, and XAZ, based on the 2018 International Residential Code; the 20192022 California Electrical Code (Part 3) including Tables and Appendices A, B, C, F, and G, based on the 2017 National Electric Code; the 20192022 California Mechanical Code (Part 4) including Tables and Appendices B, C and CF, based on the 2018 Uniform Mechanical Code; the 20192022 California Plumbing Code (Part 5) including Tables and Appendices A, B, C, D, G, I, J and IK, based on the 2018 Uniform Plumbing Code; the 20192022 California Energy Code (Part 6) including Tables and Appendix 1-A; the 20192022 California Historical Building Code (Part 8) including Tables and Appendix A; the 20192022 California Fire Code (Part 9) with Appendices, Standards and NFPA Standards by Reference, based on the 2018 International Fire Code; the 20192022 California Existing Building Code (Part 10) including Tables and Appendix A, Chapters A1 through A5 , A3, and A5, based on the 2018 International Existing Building Code; the 20192022 California Green Building Standards Code (Part 11) including Tables and Appendices A4 and A5; the 20192022 California Referenced Standards Code (Part 12 of Title 24) including Tables; and the 2018 2021 International Property Maintenance Code
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 20192022 California Building Standards Code, that will become effective statewide on January 1, 20230; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958,17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and Commented [1]: Do we want Emergency Housing? What about Appendix F, Rodent Proofing
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Ordinance No. ____-202219
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
NOW THEREFORE, the City Council of the City of Cloverdale does ordain as follows:
Section 1. Old Codes Repealed: Chapters 15.00 up to and including 15.18 of Title 15, "Buildings and Construction," of the Cloverdale Municipal Code are hereby repealed in their entirety.
Section 2. Findings: The City Council of the City of Cloverdale finds that, in order to best protect the health, safety and welfare of the citizens of the City of Cloverdale, the building standards within the community must comply with State law, except where local climatic, geological and topographical conditions warrant more restrictive regulations.
Pursuant to Section 17958.5 of the California Health and Safety Code, the governing body of the City of Cloverdale, in its ordinance adopting the California Building Standards Code and uniform industry codes, may establish amendments which are more restrictive than those adopted by the State of California commonly referred to as Title 24 of the California Code of Regulations, based on local climatic, geological and topographical conditions.
Based on the materials presented by, and the recommendations of the Cloverdale Building Official and the Fire Code Official of the Cloverdale Fire Protection District, the City Council makes the factual finding set forth below and finds that the amendments the California Building Standards Code adopted in this Ordinance are reasonably necessary because of the local climatic, geological or topographical conditions set forth below.
The local conditions that mandate amendments to the California Building Standards Code are based on the following local climatic, geological and topographical conditions which shall apply to all amendments:
A. CLIMATE: The City, on average, experiences an approximate annual rainfall of 40 inches. This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding. Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. During the dry period, temperatures range from 70 degrees to over 105 degrees. These temperatures are often accompanied by light to moderate gusty winds, which coupled with highly flammable vegetation and neighborhoods located in wildland-urban interface areas create hazardous fire conditions. With increased development spreading into the brush covered foothill area, wind driven fires could have severe consequences, as has been demonstrated on several occasions throughout the state.
B. GEOLOGY: The City is susceptible to seismic hazards resulting from movement along any one of several known faults in the area. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake-induced fires starting because of damage to gas lines, power lines or heat producing appliances and the unavailability of water for fire control due to broken water mains. In addition, unstable slopes have been identified in the City, which present a significant potential for landslides. In the event of a major earthquake or landslide, many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance. The City 115
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is located at the northern end of Sonoma County at the Mendocino County border, which further reduces the City’s ability to receive outside assistance because the communities north of Cloverdale are rural.
C. TOPOGRAPHY: The City borders include hilly terrain on the north, east and west portions of the City. The roadway systems in these hills are designed around the lay of the land with respect to narrow, winding and steep access ways. The grades of these roadways sometimes exceed 25% and road widths of less than 12 feet are not uncommon. The City is also bordered by Highway 101 and the Russian River to the east; there is a railroad right-of-way just east of Highway 101 on the east edge of the City. The railroad, river and freeway all create barriers, which may obstruct traffic patterns and delay response time for fire equipment. The water supply within the City is directly affected by the topographical layout. The water distribution system consists of two pressure zones, which carry water by gravity from various reservoirs. Water flow within the City can vary from less than 1,000 gallons per minute to flows in excess of 4,000 gallons per minute.
This wide variation causes major problems to development and fire suppression efforts.
D. SUMMARY: The above local climatic, geologic and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Cloverdale Fire Protection District. Fires in areas determined to be moderate, high or very high fire severity zones, as outlined by the State of California (CalFire) fire severity zone map, place additional fire suppression demands on the responding fire agency. A fire following an earthquake has the potential of causing greater loss of life and property damage than the earthquake itself. The majority of the City’s industrial areas are located in the highest seismic risk zones, which also contain the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of persons should a significant seismic event occur. The City’s and Fire District’s resources would have to be prioritized to mitigate the greatest threat and may be unavailable for vegetation or structure fires.
Other variables that may tend to intensify the situation include:
1. The extent of damage to the water system;
2. The extent of isolation due to bridge and/or freeway overpass collapse;
3. The extent of roadway damage and/or amount of debris blocking roadways;
4. Climatic conditions (hot, dry weather with high winds);
5. The amount of traffic on roadways, which could intensify the risk to life during normal business hours; and
6. The availability of timely mutual aid or military assistance.
E. CONCLUSION: Local climatic, geologic and topographical conditions impact fire prevention efforts and the frequency, spread, intensity, and size of fire involving buildings in Cloverdale. Further, these conditions increase the potential for significant damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary to amend the California Building Standards Code to mitigate the effects of these conditions. As a result of the findings, as set forth in this section, which identify various climatic, geographical and topographical elements, 116
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those additional requirements as specified in the amendments to the adopting ordinance supplementing and amending the Code herein, are considered necessary and reasonable modifications and do not lessen, diminish or change the standards set forth within the uniform codes except as authorized by law.
F. ENERGY EFFICIENCY REQUIREMENTS COST EFFECTIVENESS: Pursuant to California Public Resources Code Section 25402.1 and California Code of Regulations, Title 24, Part 1, Section 10- 106 (Locally Adopted Energy Standards), a city may require additional energy conservation measures and set more stringent energy budgets in a local green building ordinance than the standards set forth in the California Energy Code if the city demonstrates the energy costeffectiveness of the standards and files with the California Energy Commission the basis of the city’s determination that the standards are cost effective. This determination that the standards are cost effective must be adopted by the governing body at a public meeting. Based upon the Climate Zone 2 Energy Cost-Effectiveness Study prepared by Frontier Energy, Inc. and Misti Bruceri & Associates, LLC, July 17, 2019, for Pacific Gas and Electric Company, which is hereby adopted by the City Council and attached to and made a part of this ordinance, the City Council finds and determines that the Cal Green Tier 1 energy efficiency requirements are cost effective.
Ordinance Justification
General Provisions
15.00.010 thru 15.00.060 Administrative
Permits and Fees
15.02.010 thru 15.02.110 Administrative
California Administrative Code
15.03.010 Administrative
California Building Code
15.05.010 thru 15.05.033 Administrative
15.05.040 thru 15.05.270 D
15.05.280 A, B, C
15.05.290 thru 15.05.300 Administrative
California Residential Code
15.06.010 thru 15.06.033 Administrative
15.06.040 thru 15.06.120 D
15.06.130 Administrative
15.06.140 A, B, C
15.06.150 thru 15.06.160 Administrative
California Electrical Code
15.07.010 thru 15.07.020 Administrative
California Mechanical Code
15.08.010 thru 15.08.020 Administrative
California Plumbing Code
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15.09.010 thru 15.09.020 Administrative
California Energy Code Administrative
15.10.10 F
California Historical Building Code
15.12.010 Administrative
International Code Council Property
Maintenance Code
15.13.010 thru 15.13.040 Administrative
15.13.050 thru 15.13.070 D
15.13.080 thru 15.13.090 Administrative
California Fire Code
15.14.010 thru 15.14.140 Administrative
15.14.150 thru 15.14.330 D
15.14.340 thru 15.14.380 Administrative
15.1.695 thru 15.14.715 D
15.14.720 thru 15.14.840 Administrative
California Existing Building Code
15.16.010 Administrative
15.16.020 thru 15.16.030 F
15.16.040 Administrative
California Green Building Code
15.17.010 thru 15.17.060 Administrative
California Reference Standards Code
15.18.010 Administrative
Section 3. Adoption of California Building Standards Code: Pursuant to Section 50022.2 of the California Government Code, the following codes are hereby adopted by reference in this chapter as defined herein and as adopted and amended by the California Building Standards Commission under Title 24, as amended by this ordinance, which are made pursuant to the findings of fact set forth herein: the 20192022 California Building Standards Code, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12 with tables and adopted appendices; and the 2018 2021 International Property Maintenance Code.
Section 4. Modifications: Chapters 15.00 through 15.18 are hereby added to Cloverdale Municipal Code, Title 15, “BUILDINGS AND CONSTRUCTION” as follows:
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Chapter 15.00
GENERAL PROVISIONS
Sections:
15.00.010 Purpose
15.00.020 Exemptions from permit requirements
15.00.030 Persons to whom permits may be issued
15.00.040 Building official—-Administrative authority
15.00.050 Incomplete applications
15.00.060 Adoption of standard plans and standard construction specifications
15.00.010 − Purpose. This chapter is adopted as the buildings and construction code of the City of Cloverdale, adopting by reference the California Building Standards Code set forth in Chapters 15.00 through 15.18 of this title, with amendments and deletions, based on local climatic, geological and topographic conditions. The regulations set forth in this title are additions and/or amendments to the California Building Standards Code, and where any California Building Standards Code provisions are in conflict therewith, it is the intent of the ordinance codified in Chapters 15.00 through 15.18 to amend or delete such conflicting rules or regulations so that the provisions of Title Chapter 15 shall be controlling.
15.00.020 − Exemptions from permit requirements. Permit fees and plan check fees as provided in this chapter shall be collected for all work in the City performed by or for the City, county, state, United States of America, or any agency thereof, except where exempt under law.
15.00.030 − Persons to whom permits may be issued. Permits for building, construction, alteration, repair, electrical work, plumbing work, mechanical work and all other building and/or construction work shall be issued only on the application of the holder of a contractor’s license issued by the state, licensing such person to engage in the type of work anticipated by the application for such permit, except that owners' permits may be issued as provided by law.
15.00.040 − Building Official-Administrative authority. The Building Official is appointed and designated administrative authority, as such terms are used and such positions are established in the California Building Standards Code, as set forth in Title 24 of the California Code of Regulations and all codes contained therein. The Building Official is charged with the enforcement of and given the authority to administer all provisions of such codes and City regulations and requirements adopted under the authority provided in Government Code Section 38660.
15.00.050 − Incomplete applications. Where plan review is commenced and it is determined that the application is incomplete, the applicant shall have fifteen working days after receiving notice by telephone or U.S. mail to submit any required plans and documentation so that plan review may continue.
If the required plans or documentation are furnished within the fifteen working day period, no additional plan review fee will be assessed. If the documentation is not furnished within the fifteen working day period but is furnished within thirty calendar days after notice is provided to the applicant, the applicant shall pay a new plan review fee, which shall be fifty percent of the amount fixed by the fee schedule.
Where documentation is not received within thirty days of notice to the applicant, the application shall expire, and the applicant shall pay a new plan review fee upon reapplication.
15.00.060 − Adoption of standard plans and standard construction specifications. The City Council may, by resolution, adopt City standard plans and standard specifications.
Commented [2]: Do we want to change? Doubt this is ever enforced. At least extend to 30 days and 60 days
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Chapter 15.02
PERMITS AND FEES
Sections
ARTICLE I. GENERALLY
15.02.010 Applicability
ARTICLE II. DEPARTMENT OF BUILDING PERMIT FEE TABLE
15.02.020 Single forms
ARTICLE III. PLAN REVIEW FEES
15.02.030 Fees
15.02.040 Additional plan review
15.02.050 Expiration of plan review applications
ARTICLE IV. PERMIT FEES
15.02.060 Fees
ARTICLE V. MISCELLANEOUS FEES
15.02.080 Re-inspection fee
15.02.100 Investigation fees – Work without a permit
15.02.110 Exception for emergency work
ARTICLE I. GENERALLY
15.02.010 − Applicability.
A. Any person desiring to perform work regulated by currently adopted editions of the California Building Standards Code, and/or any amendments, ordinances or other regulations administered by the Building Department, or that may be adopted and administered in the future, shall secure permits and pay fees as set forth in this chapter.
B. The determination of valuation under any of the provisions of this code shall be made by the Building Official. The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work, which includes both labor and materials, for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, paving, profit and overhead, and any other permanent work or permanent equipment.
ARTICLE II DEPARTMENT OF BUILDING PERMIT FEE TABLE
15.02.020 − Single forms. The Building Department shall issue permits heretofore required, including but not limited to grading permits, building permits, plumbing permits, mechanical permits and electrical permits on a single form, which designates these permits. The permit fee shall be based on the cumulative value of all the work for which a permit is sought.
A. Fees for the issuance of such permits shall be payable in the amounts fixed by resolution of the City Council, based on the valuation listed therein. The fees shall be charged and collected at the time of issuance of the permit.
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B. A permit is required for any change in the character or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occupancies. The Building Official shall determine the minimum permit fee for such change, unless otherwise provided by the fee schedule adopted by resolution of the City Council.
ARTICLE III. PLAN REVIEW FEES
15.02.030 − Fees. A plan review fee shall be paid to the Building Department at the time of submitting plans and specifications for review. Such plan review fee shall be payable in the amount fixed by the fee schedule adopted by the City Council by resolution.
15.02.040 − Additional plan review. Where additional plan review is required due to changed plans and/or incomplete plans, an additional plan review fee shall be charged at a rate established by the Building Official.
15.02.050 − Expiration of Plan Review Applications and Building Permits.
A. Plan review applications shall expire if no permit has been issued within 180 days following the date the application is filed with the City. Upon request by the applicant, the Building Official may extend the plan review application one time for a period not to exceed 180 days.
B. Every permit issued by the Building Official shall expire if the work authorized by such permit is not commenced within 180 days from the date of issuance, or if work is suspended or abandoned for a period of 180 days after work is commenced. Upon written request, the Building Official may extend the permit one time for a period not to exceed 180 days. . If, after such expiration, the original plans are resubmitted within 180 days following such expiration, the plan review fee shall be 25% of that otherwise required. No application shall be renewed in this fashion more than once. In order to further renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. The chief building official may extend this time period when such extension is warranted, including but not limited to (1) to correct an error by the department, (2) when a legal action prevents the project from being completed within the allowed time frame, or (3) in the interest of public health and safety. The chief building official's decision regarding the limitation period shall be final.
ARTICLE IV. PERMIT FEES
15.02.060 − Fees. All permit fees shall be fixed by the fee schedule adopted by the City Council by resolution.
ARTICLE V. MISCELLANEOUS FEES
15.02.080 − Re-inspection fee. A re-inspection fee as fixed by the fee schedule adopted by the City Council by resolution shall be charged and collected for each extra inspection made necessary, as follows:
A. Work not ready at the time requested for inspections; and/or B. Work required to be corrected on previous inspection not ready and/or correction not made at the time requested for inspection.
15.02.100 − Investigation fees — Work without a permit.
A. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
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