Minutes — Cloverdale City Council, April 24, 2024 (part 1 of 2)

City Council Meeting Minutes - April 24, 2024 - Page 1 of 7 124 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, APRIL 24, 2024

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425

CLOSED SESSION
124 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
5:00 PM

1. OPENING CLOSED SESSION

1.A Call to Order
Mayor Lands called the meeting to order at 5 p.m.

1.B Roll Call

Present: Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter

Absent: Councilmember Bagby

1.C Closed Session Agenda Review (Changes and/or Deletions) None.

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

3. RECESS TO CLOSED SESSION TO HEAR THE FOLLOWING ITEM(S):

Mayor Lands recessed to Closed Session at 5:01 p.m.

3.A CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Labor Negotiator: City Manager Kelley and Consultant Patrick Clark Cloverdale Employee Groups: Cloverdale Classified Association, Cloverdale Police Officers' Association, Cloverdale Dispatchers' Association, and all Unrepresented Employees (Unaffiliated Employees and Executive Management Staff).

Item was received and filed.

Mayor Lands adjourned Closed Session at 5:40 p.m.

City Council Meeting Minutes - April 24, 2024 - Page 2 of 7

OPEN SESSION
209 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6 p.m.

Due to a technical issue, audio on the live feed was briefly interrupted.

A.2 Pledge of Allegiance
Mayor Lands led the Pledge of Allegiance
A.3 Roll Call

Present: Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter

Absent: None.

A.4 Report Out on Closed Session
None.

A.5 Conflict of Interest Declaration
Mayor Lands reported regarding item I.2 noting the following Councilmember recusals due to conflicts of interest based on proximity to financial interests:

Councilmember Wolter - Zone 1, Mayor lands - Zone 2, and Vice Mayor Wheeler - Zone 3.

A.6 Agenda Review (Changes and/or Deletions)
None.

B. PUBLIC COMMENTS
Robert R and Melissa M spoke regarding the Cloverdale Historical Society and Museum.

C. COMMUNICATIONS
City Manager Kelley reported.

D. STUDENT LIAISON REPORT
D.1 Liaison Gallego Written Report
Mayor Lands read Liaison Gallego’s written report in their absence.

E. PROCLAMATIONS
E.1 Administrative Professionals Week and Day
Vice Mayor Wheeler read the proclamation and Councilmembers and City Manager Kelley provided comments.

Recipient: Leticia Barajas on behalf of the City of Cloverdale Administrative Professionals.

City Council Meeting Minutes - April 24, 2024 - Page 3 of 7 F. PRESENTATIONS
F.1 Presentation by Isom Advisors on Voter Survey Results on a Potential Revenue Measure City Manager Kelley introduced the item and Advisor Isom presented and responded to Councilmember inquiries and comments.

Public Comments:

Shirley Davis provided comments and suggestions.

Reece Foxen provided comments and suggestions.

Daniel Frankston provided comments and suggestions.

Council discussed and provided direction to Staff.

F.2 Presentation Parks and Recreation Accomplishments
City Manager Kelley introduced the item and Park Superintendent Galvan presented and responded to Councilmember inquiries and comments.

Public Comments:

Molly Fisher provided comments and inquiries.

G. CONSENT CALENDAR
A motion was made by Councilmember Bagby, seconded by Vice Mayor Wheeler, to waive reading of the text and adopt the Consent Calendar.

The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0) None
Abstain: (0) None

Absent: (0) None
G.1 April 10, 2024 Draft Minutes
Approved as submitted.

H. PUBLIC HEARINGS
None.

I. NEW BUSINESS
I.1 Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks
City Attorney Mog presented and responded to Councilmember inquiries.

Public Comments:

Daniel Frankston spoke regarding the item.

Reece Foxen spoke regarding the item.

City Council Meeting Minutes - April 24, 2024 - Page 4 of 7 City Council discussed.

A motion was made by Councilmember Bagby, seconded by Councilmember Morgenstern, to waive reading of the text and Introduce for First Reading, by title only, as amended:

AN ORDINANCE ENTITLED: ORDINANCE OF THE CLOVERDALE CITY COUNCIL REPEALING AND REPLACING CLOVERDALE MUNICIPAL CODE CHAPTER 5.36, RENT CONTROL IN

MOBILE HOME PARKS, TO ADOPT NEW RENT CONTROL REGULATIONS FOR MOBILE HOME PARKS.

The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0) None
Abstain: (0) None

Absent: (0) None
I.2 Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Set the Time and Date of the Public Hearing for Zone 1-7
City Manager Kelley introduced the item.

Mayor Lands rearranged the four resolutions as follows:

A motion was made by Councilmember Bagby, seconded by Vice Mayor Wheeler, to waive reading of the text and adopt:

RESOLUTION NO. 016-2024 ENTITLED: RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024- 25 FOR THE CITY OF CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONES 4, 5, 6 AND 7” The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0) None
Abstain: (0) None

Absent: (0) None
Councilmember Wolter left the dais at 8:09 p.m.

A motion was made by Vice Mayor Wheeler, seconded by Councilmember Bagby, to waive reading of the text and adopt:

RESOLUTION NO. 017-2024 ENTITLED: RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024- 25 FOR THE CITY OF CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONE 1 City Council Meeting Minutes - April 24, 2024 - Page 5 of 7 The motion carried by the following vote:

Yes: (4) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern No: (0) None
Abstain: (1) Councilmember Wolter

Absent: (0) None
Councilmember Wolter returned to, and Vice Mayor Wheeler left, the dais at 8:10 p.m.

A motion was made by Councilmember Bagby, seconded by Councilmember Morgenstern, to waive reading of the text and adopt:

RESOLUTION NO. 018-2024 ENTITLED: RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024- 25 FOR THE CITY OF CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONE 3 The motion carried by the following vote:

Yes: (4) Mayor Lands, Councilmembers: Bagby, Morgenstern, Wolter No: (0) None
Abstain: (1) Vice Mayor Wheeler

Absent: (0) None
Vice Mayor Wheeler returned to, and Mayor Lands left, the dais at 8:11 p.m.

Vice Mayor Wheeler presided over the remainder of the item.

A motion was made by Councilmember Bagby, seconded by Councilmember Morgenstern, to waive reading of the text and adopt:

RESOLUTION NO. 019-2024 ENTITLED: RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024-25

FOR THE CITY OF CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONE 2 The motion carried by the following vote:

Yes: (4) Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0) None
Abstain: (1) Mayor Lands

Absent: (0) None
Mayor Lands returned to the dais at 8:12 p.m.

City Council Meeting Minutes - April 24, 2024 - Page 6 of 7 I.3 First Amendment to the At-Will Employment Agreement with Michael Maloney for the position of City Clerk for the City of Cloverdale and Approving Revised City Clerk Job Description
City Manager Kelley introduced the item.

A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to waive reading of the text and adopt:

RESOLUTION NO. 020-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING THE FIRST AMENDMENT TO THE AT-WILL EMPLOYMENT

AGREEMENT WITH MICHAEL MALONEY FOR THE POSITION OF CITY CLERK FOR THE CITY

OF CLOVERDALE AND APPROVING REVISED CITY CLERK JOB DESCRIPTION Deputy City Clerk Thompson conducted the roll call vote.

The motion carried by the following vote:

Yes: (4) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Wolter No: (1) Councilmember Morgenstern
Abstain: (0) None

Absent: (0) None
J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Mayor Lands reported.

K.1 Written Reports:

Councilmember Bagby
City Council Meeting Minutes - April 24, 2024 - Page 7 of 7 L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Letter to State Water Board - Comments on Water Conservation 2nd Draft Regulations City Manager Kelley reported.

M. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Kelley reported.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Convert the May 22, 2024 regularly scheduled meeting to a Town Hall regarding item F.1.

Lyme Disease Signage to Public Works and Facilities Subcommittee.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:26 p.m. to the special budget workshop of the Cloverdale City Council scheduled for April 25, 2024 at the Cloverdale Fire District.

The next regularly scheduled meeting of the Cloverdale City Council is scheduled for May 8, 2024.

APPROVED ON: March 8, 2024
______________________
Mike Maloney, City Clerk
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
The Cloverdale City Council welcomes public interest, attendance, and in-person participation at meetings.

Open session meetings are held in-person at the Cloverdale Performing Art Center. You may also view the live streams online at www.zoom.us/join, by telephone: 1.669.900.6833, both using Meeting ID:
823 1668 4527, directly at https://us02web.zoom.us/j/82316684527 or on YouTube at cloverdale.net/youtube

CLOSED SESSION
124 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
5:00 PM

1. OPENING CLOSED SESSION

1.A Call to Order

1.B Roll Call

1.C Closed Session Agenda Review (Changes and/or Deletions)

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

Prior to recessing to Closed Session, the Public may speak on Closed Session Items.

3. RECESS TO CLOSED SESSION TO HEAR THE FOLLOWING ITEM(S):

AGENDA

REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, APRIL 24, 2024

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 OPEN SESSION
209 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
A.2 Pledge of Allegiance
A.3 Roll Call
A.4 Report Out on Closed Session
A.5 Conflict of Interest Declaration
A.6 Agenda Review (Changes and/or Deletions)
B. PUBLIC COMMENTS
Any person wishing to speak on an item not listed on the agenda may do so at this Bme. Pursuant to the Brown Act, the City Council is not allowed to consider issues or takeaction on any item not listed on the agenda. Three minutes are typically allotted to each speaker.

C. COMMUNICATIONS
Public written communications sent to Council since the last meeting may be discussed at this time.

D. STUDENT LIAISON REPORT
D.1 Liaison Gallego Written Report
E. PROCLAMATIONS
E.1 Administrative Professionals Week and Day
Recipients: Leticia Barajas, City of Cloverdale.

F. PRESENTATIONS
F.1 Presentation by Isom Advisors on Voter Survey Results on a Potential Revenue Measure Recommended Action(s):

Receive Presentation from Isom Advisors on the Revenue Measure Survey and provide direction to staff on next steps including whether to develop a ballot measure and schedule a public hearing to consider placing a Revenue Measure on the ballot for the 2024 general election.

F.2 Presentation Parks and Recreation Accomplishments
Liaison Gallego Report
2024 Administrative Professionals Week and Day Proclamation Agenda Report
Presentation
2 Recommended Action(s):

Receive Presentation on Parks and Recreation accomplishments.

G. CONSENT CALENDAR
All items under the Consent Calendar will be considered together by one acBon of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.

G.1 April 10, 2024 Draft Minutes
Recommended Action(s):

Approve the April 10, 2024, Draft Minutes
H. PUBLIC HEARINGS
None.

Introduce and First Reading, by title only, of an Ordinance Entitled, “An Ordinance of the Cloverdale City Council repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks.” I.2 Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Set the Time and Date of the Public Hearing for Zone 1-7 Recommended Action(s):

Adopt Resolutions Entitled as follows:

A Resolution of Intent to Levy and Collect Annual Assessments, Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Setting the Time and Date of the Public Hearing for Zone 1 Agenda Report
Presentation
Presentation - Updated 4-23-24
April 10, 2024 - Draft Minutes
Agenda Report
Attachment 1 - Ordinance
Attachment 2 - Exhibit A
Attachment 3 - Exhibit A (Redline Version)
Attachment 4 - April 10,2024 Agenda Report
Presentation (added 4.24.2024)
Public Correspondence (Batch 1)
Public Correspondence (Batch 2)
Public Correspondence (Batch 3)
Vacancy Controls in Sonoma Jurisdictions
3 A Resolution of Intent to Levy and Collect Annual Assessments, Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Setting the Time and Date of the Public Hearing for Zone 2 A Resolution of Intent to Levy and Collect Annual Assessments, Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Setting the Time and Date of the Public Hearing for Zone 3 A Resolution of Intent to Levy and Collect Annual Assessments, Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Setting the Time and Date of the Public Hearing for Zones 4, 5, 6 and 7 I.3 First Amendment to the At-Will Employment Agreement with Michael Maloney for the position of City Clerk for the City of Cloverdale and Approving Revised City Clerk Job Description Recommended Action(s):

Adopt a Resolution Entitled “A Resolution of the City Council of the City of Cloverdale approving the First Amendment to the At-Will Employment Agreement with Michael Maloney for the position of City Clerk for the City of Cloverdale and Approving Revised City Clerk Job Description” J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Finance, Administration & Police: Chair Lands and Vice Chair Wolter Last Meeting Agenda | Next Meeting - May 6, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - June 10, 2024
Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - August 19, 2024
Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - June 18, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - May 28, 2024 (April 23, 2024 Cancelled) K. COUNCILMEMBER REPORTS
Agenda Report
Attachment 1 - Budget Review Spreadsheet
Attachment 2 - Resolution - Zone 1
Attachment 3 - Resolution - Zone 2
Attachment 4 - Resolution - Zone 3
Attachment 5 - Resolution - Zone 4-7
Attachment 6 - Annual Engineer's Report
Agenda Report
Attachment 1 - Resolution
Attachment 2 - 1st Amendment to At Will Employment Agreement Attachment 3 - Job Description
Attachment 4 - Job Description (Redline Version)
4 Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.

K.1 Written Reports:

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Letter to State Water Board - Comments on Water Conservation 2nd Draft Regulations M. CITY MANAGER/CITY ATTORNEY REPORTS
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Councilmembers may request agenda items for future Council and or Council Subcommittee meetings.

O. ADJOURNMENT
To the special budget workshop of the Cloverdale City Council scheduled for April 25, 2024 at the Cloverdale Fire District.

The next regularly scheduled meeting of the Cloverdale City Council is scheduled for May 8, 2024.

IMPORTANT NOTICES REGARDING CITY COUNCIL MEETINGS
PUBLIC COMMENTS: Members of the public may provide comment on an agenda item in-person during the public comment periods. Commenters will have three (3) minutes to speak. City Council is unable to respond directly to quesBons or enter into dialogue with commenters. Comments may also be submiKed prior t o [email protected]. by 12 p.m. the day of the meeBng. Submissions and supplemental attachments are considered public records pursuant to Government Code § 54957.5.

SPECIAL NEEDS ACCOMMODATIONS: In compliance with the Americans with DisabiliBes Act and Title VI, if you need special assistance to parBcipate in this meeBng, please contact the City Clerk's office at [email protected] or 707.894-1712. NoBficaBon at least 72 hours prior to the meeBng will enable the City to make reasonable accommodations are made to provide accessibility to the meeting.

AB 2449: Councilmembers parBcipate in person or teleconference methods consistent with tradiBonal provisions of the Brown Act,Government Code § 54953(b), unless the meeBng is being held pursuant to provisions of AB 2449. If a technical issue arises with Zoom or the dial-in opBon, the meeBng will conBnue unless it is being held pursuant to the provisions of Assembly Bill 2449.

AB 343: Any wriBngs or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspecBon in the City Hall offices located at 124 N. Cloverdale Blvd., Cloverdale, CA 95425 during normal business hours as provided by Assembly Bill 343.

WAIVER WARNING: If you challenge decisions/direcBons 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 wriKen correspondence delivered to the City of Cloverdale, or prior to, the public hearing.

Councilmember Bagby
Letter to State Water Board
5 AFFIDAVIT OF POSTING
The City Clerk’s Office does hereby declare that, in accordance with California Government Code § 54954.2(a), this agenda for the above stated meeting(s) was posted at least 72 hours prior to the meeting (24 hours prior to a Special Meeting) on the outdoor bulletin board at City Hall, 124 N. Cloverdale Blvd., Cloverdale, CA, 95425 and the Cloverdale Performing Art Center, 209 N. Cloverdale Blvd., Cloverdale, CA, 95425, and online at www.cloverdale.net/agendacenter. The agenda is also available for public review at City Hall at least 24 hours in advance of the meeting.

Date posted: April 18, 2024 | Time posted: 1:30 p.m. | City Clerk Signature: s/Mike Maloney

CLOVERDALE WEEKLY NEWSLETTER
Interested in receiving useful informaBon and updates about City events, iniBaBves, acBviBes, budget and public meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 6 Report:

At the high school currently, the track team is having their last home meet which today is their senior night. Last week on 18-20 the drama class had a play on Charlotte’s Web which was Mr. Dobbins's last play that he had directed before retiring for this school year. Also, on Tuesday we finished state testing, and now whoever didn’t finish their testing, will get called out of class to finish. For the Washington yesterday they had a home meet for track. For Jefferson from the 15th-26th, they will be doing state testing. Officer Rickey Rhodes has begun his role as a School Resource Officer. The Square1Art has been extended. Lastly, on Friday they will be having a spirit day which will be wearing your favorite Western attire.
7 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE RECOGNIZING APRIL 21-27, 2024 AS ADMINISTRATIVE PROFESSIONALS WEEK, AND APRIL 24, 2024, AS ADMINISTRATIVE PROFESSIONALS DAY IN CLOVERDALE Whereas, the Administrative Professionals Week, established by the International Association of Administrative Professionals in 1952, traces its roots to the National Secretaries Association when the first National Secretaries Week, now known as Administrative Professionals Week was held. The National Secretaries Association was established in 1942 as an initiative to recognize the importance of secretaries to the corporate workplace as well as showcase the field as a worthy profession.

Whereas, Administrative Professionals Week is now observed annually the last full week of April, and this year will be Celebrated April 21, 2024, to April 27, 2024, and is dedicated to recognizing and applauding the brilliant work of administrative personnel nation wide; and
Whereas, Administrative Professionals Day in 2024 is celebrated on April 24, 2024, to recognize the important contributions, dedication, and valued work of administrative support staff; and Whereas, the work of Administrative Professionals requires advanced knowledge and expertise in communications, computer software, office technology, project management, organization, customer service, and other vital office management responsibilities; and Whereas, Administrative Professionals play an essential role in coordinating the office operation of businesses, government, educational, and other organizations throughout the City of Cloverdale; and Whereas, Administrative Professionals are critical to the daily operations of the City of Cloverdale Departments at City Hall, and the City officially recognizes they are the first and sometimes only interaction with our citizens. These encounters, and the direct assistance provided, leave the community with lasting impressions of the City and its services, and the Council and Management supports their professional growth, and sincerely appreciates their continued hard work, dedication, and professionalism.

NOW, THEREFORE BE IT PROCLAIMED, that I Mayor Lands of the City of Cloverdale, does hereby declare April April 21, 2024 to April 27, 2024 as Administrative Professionals week and today, April 24, 2024, as Administrative Professionals Day, both saluting all of the amazing Administrative Professionals who positively contribute to the City and the Cloverdale community, as well as dedicate themselves to the administrative profession.

Dated: April 24, 2024
SO ORDERED:
_____________________________
Todd Lands, Mayor
8 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

F.1
April 24, 2024
Agenda Section:

Proclamations/Presentations
Staff Contact:

David Kelley, City Manager
Agenda Item Title:

Presentation by Isom Advisors on Voter Survey Results on a Potential Revenue Measure ________________________________________________________________________________________ Recommended Council Action(s):

Isom Advisors is a full-service planning, campaign, and financial advisory firm that serves California school districts. Greg Isom served as financial advisor to the Cloverdale Unified School District held in the Cloverdale Unified School District on November 6, 2018, to authorize the sale of up to $46.0 million in bonds of the District to finance school facilities. Staff was requested to evaluate the feasibility of a bond measure (e.g. general obligation bond) for financing a Public Safety (Police) Station. Given Greg Isom’s unique knowledge of the Cloverdale community, Isom Advisors was contacted to determine the City’s bonding capacity for a potential bond measure. On May 24, 2023, Isom Advisors presented a financial analysis to the City Council that addressed the City’s ability to consider a voter approved financing measure. Following the presentation, the City Council directed City staff to coordinate with Isom Advisors on conducting a voter survey to assess voter support for a potential revenue measure on the local ballot. ________________________________________________________________________________________ Summary:

The City of Cloverdale commissioned Isom Advisorsto conduct a survey of local voters to assess the feasibility of placing a sales tax measure and/or a general obligation bond measure on an upcoming ballot. The survey methodology was as follows:
• A survey was conducted from Monday October 2nd through Thursday October 5th, 2023, to assess support for the proposed measures.
• The survey tested voter attitudes regarding the City, projects to be funded by the proposed measures, and tax tolerances.
• 174 individuals were contacted, which represents approximately 9% of City voters with a working phone number.

Isom Advisors conducted phone interviews with 174 total Cloverdale voters from a potential voting universe of 5,338 registered voters in the City of Cloverdale. The survey was intended to inform the City Council about the support of likely voters for a possible sales tax measure and/or a general obligation bond measure on the November 2024 general elections. Greg Isom will provide an overview of the survey results during his Power Point presentation (attached).
9 City Council/Successor Agency Agenda Item Summary
April 24, 2024

Page 2 of 3 ends

Following the presentation by Isom Advisors, Staff recommends the City Council consider whether to proceed with placing a sales tax measure and/or a general obligation bond measure on an upcoming ballot. If the City Council decides to direct staff to proceed with the preparation of a ballot measure, it will be necessary for the Council to consider and take the following action at a subsequent meeting:
• Hold a Public Hearing;
• Adopt a Resolution of the City Council of the City of Cloverdale by a 4/5 vote calling and giving notice of the holding of an election on Tuesday, November 5, 2024, to consider the establishment of a sales tax measure and/or a general obligation bond measure; • Prepare and order the submittal of a Draft Revenue Measure to the Voters at the Election prior to the Registrar of Voters Deadline;
• Request that the Sonoma County Board of Supervisors Consent to the Consolidation of this Election with the Statewide General Election to Be Held on the Same Date; and • Direct the Registrar of Voters to Conduct the Election.

Should the City Council decide to direct staff to prepare a ballot measure, additional election details addressed by the proposed resolution referenced above would need to include the preparation of the ballot impartial analysis, arguments and rebuttals as follows:
• Impartial Analysis: The State Elections Code provides for the City Council to direct the City Attorney to prepare an impartial analysis of no more than five hundred (500) words, showing the effect of the measure on existing law. This analysis must be submitted to the City Clerk & Registrar of Voters by August 2, 2024, the anticipated deadline for filing of ballot measures. • Ballot Arguments: The State Elections Code allows the City Council to determine its interest in authoring an argument in favor of the ballot measure. Arguments of no more than three hundred (300) words each for and against the ballot measure can then be included in the Voter Sample Ballot. The primary arguments for and against the measure must also be submitted by August 2, 2024. Further, the resolution would enable the Mayor to submit the written argument in favor of the proposed measure, and at the Mayor discretion the argument may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote on the measure.
• Ballot Rebuttals: In the event that an argument against the measure is filed, the resolution would authorize the Mayor to submit a rebuttal argument on behalf of the City Council, which may be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote on the measure. The deadline for submittal of rebuttal arguments will need to be determined but is typically two weeksfollowing the deadline for submittal of a ballot measure to the Registrar of Voters.
________________________________________________________________________________________ Options:

1. Receive Presentation from Isom Advisors on the Revenue Measure Survey and provide direction to staff on next steps including whether to develop a ballot measure and schedule a public hearing to consider placing renewal of the Revenue Measure on the ballot for the November 2024 general election; or

2. Provide alternative direction to City staff on Isom Advisors Revenue Measure Survey presentation and refer to a Council Subcommittee for further review and discussion. 10 City Council/Successor Agency Agenda Item Summary
April 24, 2024

Page 3 of 3 ends

________________________________________________________________________________________ Subcommittee Recommendation:

Isom Advisors’ Revenue Measure Survey presentation was reviewed by the Finance Administration & Police Subcommittee prior to consideration by the City Council. ________________________________________________________________________________________ Budget/Financial Impact:

There is no budget or funding impact associated with Isom Advisors Presentation on the Revenue Measure Survey.
________________________________________________________________________________________ Attachments:

1. Presentation
11 1470 Maria Lane, Ste. 315 - Walnut Creek, CA 94596
Survey Results Presentation for
City of Cloverdale
by
Isom Advisors,
a Division of Urban Futures, Inc.

October 2023
12 2
There are 5,338 registered voters in the city City of Cloverdale v The City of Cloverdale is currently assessing the feasibility of placing a sales tax measure and/or a general obligation bond measure on an upcoming ballot.
v A survey was conducted from Monday October 2nd through Thursday October 5th to assess support for the proposed measures. v The survey tested voter attitudes regarding the City, projects to be funded by the proposed measures, and tax tolerances.
v 174 individuals were contacted, which represents approximately 9% of City voters with a working phone number.

Methodology
13 3
Majority of voters satisfied with the direction of the city City of Cloverdale Right Direction
60%
Don't Know
22%
Wrong Direction
18%
v Would you say that the City of Cloverdale is headed in the right direction or the wrong direction?
General Questions
14 4
Support for measure is below the required 2/3rds vote City of Cloverdale Yes

51.6%
Lean Yes

4.6%
Undecided

11.1%
Lean No

2.0%
No

30.7%
“To improve the City of Cloverdale;
upgrade parks and open spaces;
renovate civic center facilities, including
city hall and the police station; redevelop
the downtown plaza; and invest in
renewable energy projects; shall the City
of Cloverdale’s measure be approved by
authorizing $23,500,000 of bonds with
legal rates, raising on average $1,400,000
per year until repaid, at approximately 6¢
per $100 assessed value, with annual
audits, independent oversight, NO money
for salaries, and all money staying local?”
v At this time, the City of Cloverdale is looking to make significant capital and infrastructure improvements and is considering placing a bond measure before voters in your community on an upcoming ballot. If the election were held today, would you vote YES in favor of the measure or would you vote NO to oppose the measure?
Bond Measure
15 5
All projects tested below received two-thirds support and above City of Cloverdale 0% 20% 40% 60% 80% 100%
Complete deferred maintenance projects at civic center, park and recreational facilities, and for roads and parking Improve roads and transportation infrastructure to improve traffic flow and enhance overall accessibility
Construct a skate park to help provide a safe space for our city’s youth
Create new parks, trails and outdoor recreation spaces
Make health, safety and security improvements
Modernize and upgrade the city’s parks and open spaces
to improve recreational activities
Much More Likely Somewhat More Likely No Difference Don't Know Somewhat Less Likely Much Less Likely v For each project, please tell me whether it would make you More Likely or Less Likely to vote in favor of the measure if you knew funds would be used to:
67%
Bond Measure Projects
16 6
All projects tested below received under two-thirds support City of Cloverdale 0% 20% 40% 60% 80% 100%
Modernize/renovate civic center facilities, including
city hall and the police station
Upgrade inadequate internet services, including high
speed broadband infrastructure
Expand/redevelop the downtown plaza to attract
more visitors and help local business
Invest in renewable energy and sustainability projects, to reduce energy costs and improve air quality
Much More Likely Somewhat More Likely No Difference Don't Know Somewhat Less Likely Much Less Likely v For each project, please tell me whether it would make you More Likely or Less Likely to vote in favor of the measure if you knew funds would be used to:
67%
Bond Measure Projects
17 7
Voters were sensitive to tax rates tested City of Cloverdale v The proposed measure would cost property owners $60/$50/$45 per $100,000 of assessed valuation per year, would you be More or Less Likely to vote “yes” in Favor of or “no” to Oppose the measure?
$60.00 $45.00
Tax Tolerances
Yes
56%
Lean Yes
1%
Don't Know
3%
Lean No
3%
No
37%
$50.00
Yes
49%
Lean Yes
3%
Don't Know
4%
Lean No
2%
No
42%
Yes
63%
Lean Yes
5%
Don't Know
3%
Lean No
2%
No
27%
18 8
Support increases after voter education City of Cloverdale Yes

57.5%
Lean Yes

3.3%
Undecided

3.3%
Lean No

3.3%
No

32.7%
v Now that you have heard some more information regarding the proposed measure, projects, and cost, if the election were held today, would you vote YES in favor of the measure or would you vote NO to oppose the measure?
Bond Measure
Pre-benchmark
Post-benchmark
Yes

51.6%
Lean Yes

4.6%
Undecided

11.1%
Lean No

2.0%
No

30.7%
19 9
Support for measure is below 50% threshold with 0.75% increase City of Cloverdale Yes

40.5%
Lean Yes

2.6%
Undecided

5.2%
Lean No

2.6%
No

49.0%
v In order to fund the infrastructure improvements, the city is also considering placing a sales tax measure before voters in your community on an upcoming ballot. The proposed measure would add an additional 0.75% to local sales tax and generate approximately $10.5 million in additional city revenue. Would you vote YES in favor of the measure, or would you vote NO to oppose the measure? Sales Tax Measure
20 10
Support for measure increases with lower sales tax rates City of Cloverdale Yes

47.1%
Lean Yes

2.6%
Undecided

3.3%
Lean No

2.0%
No

45.1%
v In order to fund the infrastructure improvements, the city is also considering placing a sales tax measure before voters in your community on an upcoming ballot. The proposed measure would add an additional 0.50% to local sales tax and generate approximately $6.9 million in additional city revenue. Would you vote YES in favor of the measure, or would you vote NO to oppose the measure? Sales Tax Measure
21 11
Strong support for 0.25% sales tax increase City of Cloverdale Yes

59.5%
Lean Yes

2.0%
Undecided

3.3%
Lean No

2.0%
No

33.3%
v In order to fund the infrastructure improvements, the city is also considering placing a sales tax measure before voters in your community on an upcoming ballot. The proposed measure would add an additional 0.25% to local sales tax and generate approximately $3.4 million in additional city revenue. Would you vote YES in favor of the measure, or would you vote NO to oppose the measure? Sales Tax Measure
22 12
Support is above 50% threshold City of Cloverdale
Yes

58.2%
Lean Yes

2.0%
Undecided

3.3%
Lean No

2.0%
No

34.6%
v Now that you have heard some more information on the proposed sales tax measure, possible projects and costs, if the election were held today, would you vote YES in favor of the measure or would you vote NO to oppose the measure? Sales Tax Measure
23 13
Majority of voters would support both measures City of Cloverdale Sales Tax Only

14.4%
Bond Measure
Only

19.0%
Both Measures

34.6%
Don't Know

3.9%
Neither
Measure

28.1%
v Now that you have received information about the two funding options the City is considering, if an election were held today, would you vote for… Sales Tax or G.O. Bond Measure?
24 Conclusions and Recommendations
25 15
Majority of voters believe in more funding City of Cloverdale Conclusions & Recommendations
v 60.0% of voters surveyed believe that the city is headed in the right direction. v Support for a bond measure before voter education was 51.6% (4.6% Lean Yes), with

11.1% Undecided; after information, support was 57.5% (3.3% Lean Yes), with 3.3% Undecided.
v Six of the ten projects tested received two-thirds voter support or above. v Voters were sensitive to the tax rates tested for the proposed bond measure. v Voters were sensitive to highest sales tax rates tested, but there was strong support for the additional 0.25% sales tax increase.
v Majority of voters surveyed would support both a sales tax and a bond measure. v Support is below the 2/3rds (bond) and above the 50% (sales tax) voter approval thresholds; We recommend the City to continue to reach out to and educate the community, and plan on placing a sales tax and/or bond measure on an upcoming 2024 ballot.
26 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

F.2
April 25, 2024
Agenda Section:

Presentation
Staff Contact:

Hector Galvan, Parks Superintendent
Kevin Thompson, Assistant City Manager
Agenda Item Title:

Presentation Parks and Recreation Accomplishments
_______________________________________________________________________________________ Recommended Council Action(s):

Receive Presentation on Parks and Recreation accomplishments. ________________________________________________________________________________________ Background:

The Parks and Recreation Department has been busy over the last couple years bringing several projects to fruition. This item is a recap of the projects.

1. Furber Park Pickleball Courts:
• Installation of two professional pickleball court in a former sand volley ball area.

2. Implementation of Vegetation Management strategy at Porterfield Creek Open Space:
• Collaboration with Cloverdale Fire Protection District and Northern Sonoma County Fire Fuels Crew. Scope of work included thinning vegetation throughout the park.

3. 2nd Street Park Basketball Court Installation:
• Replacement of concreate basketball courts from the 1970’s with two full sized asphalt basketball courts. The project was funded in part with a grant from the State of California.

4. New Restroom Facilities in Downtown Plaza:
• Installation of two restrooms in the plaza to serve the needs of the public and special event goers.

5. Soda Springs Open Space Preserve Acquisition:
• 209 Acre preserve was acquired with funding provided by Sonoma County AG = Open Space. • Initial plan to begin improvements is underway.

6. Sonoma County Regional Parks Collaboration and construction of the River Park Restroom and revised JPA for Maintenance.

7. Dog Park:
• Completion of Cloverdale’s Dog Park in collaboration with Sonoma County Department of Public Works and SMART.
________________________________________________________________________________________ Summary:

The Parks and Recreation Department has completed many exciting projects over the past several years.

With more projects scheduled in the future. Projects include, completion of the Soda Springs Open Space, improvements at Furber Parks, work on the Scouts Cabin and the beginning of a recreation department. 27 City Council/Successor Agency Agenda Item Summary
April 24, 2024

Page 2 of 2 ends

________________________________________________________________________________________ Options:

1. Provide Feedback on the presentation of the Parks and Recreation accomplishments. ________________________________________________________________________________________ Subcommittee Recommendation:

Present to Council.
________________________________________________________________________________________ Budget/Financial Impact:

Staff time for presentation.
________________________________________________________________________________________ Attachments:

1. Presentation
28 Introduc�on
The newly reorganized Parks and Recrea�on Department under Community Development has been very busy comple�ng projects to improve opportuni�es for increased outdoor ac�vity and enjoyment. Along with a new website, the parks and recrea�on team are excited to bring the new ameni�es listed below to our community. These projects are financed primarily in three ways, development impact fees, which are paid by developers, Measure M for Parks and grant funding. Combining these funding sources has provided an opportunity to create exci�ng new atrac�ons for the residents and visitors in Cloverdale.

Furber Park Pickleball Courts
Pickleball has rapidly grown in popularity in the recent past. This paddle sport combines elements of tennis, ping pong, and badminton. It’s a fun, easy game, that can be played by all ages. Pickleball is very popular among Cloverdale residents. Ini�ally, we were repeatedly approached by many residents in our community about the need for dedicated Pickleball courts to accommodate the developing interest in the sport. As a result, the city installed two pickleball courts at Furber Park over the former sandbox site.

The courts have been well received and used by the community since the grand opening ceremony. 29 Implementa�on Of Vegeta�on Management strategy at Porterfield Creek Open Space Preserve The Porterfield Creek Open Space Preserve is an amazing 250 acre preserve owned by the City of Cloverdale. The preserve features hiking trails, a spring fed creek, and incredible views of the Alexander Valley. In collabora�on with Cloverdale Fire Protec�on District and the Northern Sonoma County Fire Fuels Crew, park staff con�nue to manage the forest by thinning vegetation through the park. Thinning of vegetation coupled with prescribed burning reduces surface and ladder fuels to help protect the park’s natural resources, native trees and adjacent communities from future wildfire threats. 30 2nd Street City Park Basketball Courts Installa�on
The concrete basketball courts at City Park were constructed in the 1970’s and desperately needed replacement. With this in mind, city council approved a grant submital to the State of California, which was awarded. The grant covered a por�on of the cost to install two new full sized basketball courts at our City Park. An exis�ng storm drain was relocated, as well as the installa�on of new fencing to safely separate other nearby ameni�es such as volleyball courts, parking lot and baseball field. 31 New Restroom Facility in Downtown Plaza
This project has been in development for many years and has finally came to frui�on. The restroom includes both mens and womens facili�es as well as an outdoor handwashing sta�on, doggy bowl fountain and filtered water botle filler. LED ligh�ng on the exterior of the building was added for beter visibility of the surrounding area, during the evening hours. 32 Soda Springs Ranch Open Space Preserve Acquisi�on
A 209 acre property located west of town near the 2nd Street City Park, the recent acquisi�on of this property is a big win for conserva�on of invaluable natural resources while also crea�ng new recrea�onal opportuni�es. Since the acquisi�on, staff have been working diligently to collaborate with Redwood Trail Alliance and have dra�ed a trail plan network. A funding request has been submited to AG + Open Space for the IPAOM Ini�al Public Access Opera�on and Maintenance. 33 Sonoma County Regional Parks Collabora�on on Construc�on of River Park Restrooms and Revised JPA Joint Powers Agreement for Maintenance
A Joint Powers Agreement between the City of Cloverdale and the County of Sonoma regarding maintenance and inspec�on of the Cloverdale River Park new restrooms, trails and open space has been finalized to provide for the health, safety, welfare and recrea�on needs of the ci�zens of Cloverdale and the Sonoma County residents.
34 Cloverdale Dog Park
Cloverdale completed construction of the first and only dog park in our community. All in collaboration with Sonoma County Department of Public Infrastructure and SMART. The park marked the beginning of a new chapter in Cloverdale's recreational offerings for our four-legged residents. The Cloverdale Dog Park stands as a testament to our dedication to creating pet-friendly spaces where our canine companions and humans can safely socialize and enjoy the outdoors. Its thoughtful design and amenities ensure that it will serve as a cherished hub for recreation and companionship for years to come.

Conclusion
The Cloverdale Parks and Recrea�on staff is small but a very produc�ve department. We are very busy at work on several upcoming projects such as community outreach surveys, for example, that will ul�mately make Cloverdale a more fun and atrac�ve town to recreate and live in. Our goals for the future include con�nuing work on improving our parks, and the crea�on of a recrea�on program calendar with classes and team sports.
35 Parks and
Recreation Update
April 25,
2024
36 I n t r o d u
c t i o n • Newly formed Parks and
Recreation Department very
busy completing projects
• Projects financed various
way: development impact
fees, Measure M, and
grants
• Exciting new attractions
for residents and visitors
for Cloverdale
37 P i c k e l b a l
l C o u r t s
• Increasingly popular sport,
growing fanbase among
Cloverdale residents
• Two dedicated courts on
former sandbox site
38 Vegetation
Management • Porterfield Creek Open
space
•4th prescribed burn
• 40 acres addressed to
create fire break and
minimize threat
• In collaboration with
Cloverdale Fire and
Northern Sonoma County Fire
• Thinning and prescribed
burns
39 2nd Street City
Park Basketball
Courts
• Former courts built in the
1970’s
• Two full sized asphalt
courts
• New park runoff drainage
• Partially grant funded
• Courts very popular and see
daily use
40 R e s t r o o m
s
D o w n t o w n
P l a z a
• Concept discussed for many
years
• Includes two restrooms,
handwashing, doggy bowl,
fountain and filtered water
• Exterior LED lighting
• An asset for downtown
during events
41 Soda
Springs
Open
Sapce
42 JPA River
Park
• City of Cloverdale and
Sonoma County
maintained
• Newly installed
restrooms
43 Dog Park • Collaboration between SMART, Sonoma County Public Infrastructu • Only Dog Park in Cloverdale
• Most popular park
• Camera installation is planned
44 Recreatio
n Surveys
• Great resource for feedback
from the community
• Popular topics were
additional park amenities
and a recreation program
• More planned for the future
45 City Council Meeting Minutes - April 10, 2024 - Page 1 of 6 124 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, APRIL 10, 2024

CLOSED SESSION
124 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
4:30 PM

1. OPENING CLOSED SESSION

1.A Call to Order
Mayor Lands called the meeting to order at 4:30 p.m.

1.B Roll Call

Present: Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter

Absent: None.

1.C Closed Session Agenda Review (Changes and/or Deletions) None.

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

3. RECESS TO CLOSED SESSION TO HEAR THE FOLLOWING ITEM(S):

Mayor Lands recessed to Closed Session at 4:31 p.m.

Item was received and filed.

Mayor Lands adjourned Closed Session at 5:53 p.m.
46 City Council Meeting Minutes - April 10, 2024 - Page 2 of 6

OPEN SESSION
209 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
6:00 PM
A. OPENING PUBLIC SESSION
Council Chamber (CPAC) experienced technical difficulties delaying Open Session.

A.1 Call to Order
Mayor Lands called the meeting to order at 6:12 p.m.

A.2 Pledge of Allegiance
Mayor Lands led the Pledge of Allegiance.

A.3 Roll Call

Present: Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter

Absent: None.

A.4 Report Out on Closed Session
None.

A.5 Conflict of Interest Declaration
None.

A.6 Agenda Review (Changes and/or Deletions)
None.

B. PUBLIC COMMENTS
Barbara LeBanc spoke regarding the Recreation Vehicle Ordinance.

Diane Bartleson spoke regarding the Recreation Vehicle Ordinance.

C. COMMUNICATIONS
C.1 RV Code Letter - Barbara LeBlanc
City Manager Kelley responded to Councilmember inquiries and provided Staff’s recommendation for the item to be seen by the Planning and Sustainability Subcommittee.

D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS
E.1 National Public Safety Telecommunicators Week
Vice Mayor Wheeler read the proclamation.

Recipients: City of Cloverdale Police Department Dispatchers 47 City Council Meeting Minutes - April 10, 2024 - Page 3 of 6 E.2 Week of the Young Child
Councilmember Morgenstern read the proclamation.

Recipients: None.

F. PRESENTATIONS
None.

G. CONSENT CALENDAR
A motion was made by Vice Mayor Wheeler, seconded by Councilmember Bagby, to waive reading of the text and adopt the Consent Calendar.

The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (0)
G.1 March 27, 2024 Draft Minutes
Action: Approved as submitted.

G.2 Second Reading by Title Only of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to effectuate Implementation Program IP-2.3.3 of the 2023-2031 Housing Element
Action: Ordinance Approved.

ORDINANCE NO. 754-2024 ENTITLED: ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION 18.03.150, CHAPTER 18.09, SECTION 18.09.180, SECTION 18.11.020, SECTION

18.13.060, SECTION 18.14.030, CHAPTER 17.04, SECTION 17.48.050, TABLE 18.04.040-A, TABLE 18.04.050-A, TABLE 18.05.030-A AND TABLE 18.11.050-A AND REMOVING SECTION

18.02.100 AND CHAPTER 15.34 FROM THE CLOVERDALE MUNICIPAL CODE H. PUBLIC HEARINGS
H.1 Issuance of Tax-Exempt Bonds by California Municipal Finance Authority for the Alexander Valley Apartments Affordable Housing Project
Assistant City Manager / Community Development Director Thompson introduced the item and Cal Municipal Finance Authority Representative Stubbs was available for questions.

Mayor Lands opened the Public Hearing at 6:34 p.m.

Daniel Frankston spoke in support of the project.

Omar Lopez spoke on behalf of Generation Housing in support of the project.

Molly Fisher spoke in support of the project.
48 City Council Meeting Minutes - April 10, 2024 - Page 4 of 6 Angela Cordova spoke in opposition to the project.

Jennifer spoke in support of the project but voiced concerns.

Reece Foxen spoke in support of the project.

Vick Iyudo spoke regarding the project.

Gusman spoke in support of the project.

David Holt spoke in support of the project.

Mayor Lands closed the Public Hearing at 6:55 p.m.

Council discussed the item and City Attorney Mog clarified the Cities obligations.

Mayor Lands provided comments regarding a previous item related recusal.

A motion was made by Councilmember Bagby, seconded by Vice Mayor Wheeler, to waive reading of the text and adopt:

RESOLUTION NO. 015-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND

EQUIPPING OF ALEXANDER VALLEY APARTMENTS AND CERTAIN OTHER MATTERS RELATING

THERETO
The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (0)
I. NEW BUSINESS
I.1 Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks City Manager Kelley introduced the item and City Attorney Mog presented.

City Manager Kelley provided reference information and the Council discussed the item.

Public Comments:

David Frankston spoke regarding the item.

Marta Cruz spoke spoke regarding the item.

Sal Olondonya spoke regarding the item.
49 City Council Meeting Minutes - April 10, 2024 - Page 5 of 6 Rick Thomas spoke regarding the item.

Reece Foxen spoke regarding the item.

City Attorney Mog responded to Councilmember Wolter’s inquiry.

Jossina Rodriguez spoke regarding the item.

Scotty Sanchez spoke regarding the item.

Steve Christensen spoke regarding the item.

Omar Lopez spoke regarding the item.

Vince Shwabb spoke regarding the item.

Council provided comments and Staff responded to Councilmember inquiries.

City Attorney Mog provided clarification and the Council continued to discuss.

Council made significant amendments to the proposed Ordinance, initiating the necessity for the Ordinance to be re-introduced to Council at a future date for the first reading and consideration.

I.2 City of Cloverdale Audited Financial Statements FY 2022/23 City Manager Kelley introduced the item and Finance Director Holmes reported.

A motion was made by Councilmember Bagby, seconded by Vice Mayor Wheeler, to accept the FY 2022/23 City of Cloverdale Audited Financial Statements.

The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (0)
I.3 Discussion and Consideration of the City of Cloverdale Draft Budget Goal Statements for Fiscal Year 2024-2026
City Manager Kelley presented and responded to Councilmember inquiries and comments.

Councilmember Morgenstern requested Council Compensation be added to the upcoming budget discretionary list.

J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.
50 City Council Meeting Minutes - April 10, 2024 - Page 6 of 6 Finance, Administration & Police: Chair Lands and Vice Chair Wolter Last Meeting Agenda | Next Meeting - May 6, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - June 10, 2024
Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - April 15, 2024
Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - April 16, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - April 23, 2024
K. COUNCILMEMBER REPORTS
None.

K.1 Written Report(s):

Councilmember Bagby.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Support for Sonoma County Transit Low-No Grant
City Manager Kelley reported.

M. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Kelley reported and responded to Councilmember inquiries.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:49 p.m. to the next regular meeting of the Cloverdale City Council scheduled for April 24, 2024.

APPROVED ON:
_____________________
Mike Maloney, City Clerk
51 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: April 24, 2024
Agenda Section:

New Business
Staff Contact:

Alex Mog, City Attorney
Agenda Item Title:

Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks. ________________________________________________________________________________________ Recommended Council Action(s):

Introduce and First Reading, by title only, of an Ordinance Entitled, “An Ordinance of the Cloverdale City Council repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks.” ________________________________________________________________________________________ Background:

Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, establishes a regulatory scheme for rent increases in mobile home parks located within the City. On April 10, the City Council considered a proposed ordinance to repeal and replace Chapter 5.36 to adopt new rent control regulations for mobile home parks in Cloverdale. Following public comment and discussion, the City Council provided direction to staff regarding specific changes to the proposed ordinance.

A thorough overview of the proposed ordinance, and related background, are included in the April 10 staff report, which is attached to this staff report for reference. ________________________________________________________________________________________ Summary:

At the April 10 meeting, the City Council provided direction on two changes to the proposed ordinance, which are summarized below.

1. Allowable Rent Increase.

The allowable rent increase is the amount a park owner may raise the space rent annually without obtaining special authorization. The proposed ordinance has been revised to provide that the maximum amount park owners may increase the rent in any given is 3% or 70% of CPI, whichever is less. For example, if the CPI is 2%, park owners would be allowed to increase space rents by up to 1.4% (since 1.4%, which is 70% of 2%, is less than 3%). If CPI is 6%, park owners would be allowed to increase rents by 3% (since 3% is less than 4.2%, which is 70% of 6%). Park owners can always choose to increase the rent by less than the maximum allowed.

The ordinance specifies that the CPI should be calculated based on the annual change in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Region, as measured from December to December of each year. That CPI measure is generally available in mid-January. That number will be the maximum amount that rent can be increased during the calendar year, although the exact timing of any rent increase will be at the discretion of the park owner (in compliance with applicable state laws). 52 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 24, 2024

Page 2 of 2 ends

2. Vacancy Control
The proposed ordinance puts limits on the amount park owners may charge new residents of a mobile home space in certain circumstances.

The ordinance specifies that following a voluntary space vacancy, there is no limitation on the amount that park owners may increase the rent for the mobile home space. A voluntary space vacancy is defined as vacancy of the mobile home space arising from the voluntary removal of a mobile home from the mobile home space by the affected mobile home resident (such as when a mobile home owner chooses to relocate their mobile home to a new park). A removal of the mobile home from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobile home shall not constitute a voluntary removal of the mobile home.

The ordinance also specifies that when an in-place sale of a mobile home occurs to a resident-to-be or current resident (i.e. the mobile home is sold but remains in the same location) the park owner may increase the rent by a maximum of ten percent (10%).

These changes are shown in the redline version of the ordinance, attached to this staff report. There are no other proposed changes to the ordinance.
______________________________________________________________________________________ Options:

1. Introduce the ordinance and conduct the first reading by title only;

2. Provide direction to City staff regarding changes to the proposed ordinance;

3. Provide alternative direction to City staff.
________________________________________________________________________________________ Subcommittee Recommendation:

The FAP Subcommittee provided direction to staff regarding the key terms in the ordinance described above.

The draft ordinance was considered by the City Council on April 10, and the proposed ordinance reflects changes requested by the City Council
________________________________________________________________________________________ Budget/Financial Impact:

A discussion of the fiscal impact of the proposed ordinance is included in the April 10 staff report. ________________________________________________________________________________________ Attachments:

1. Ordinance

2. Exhibit A

3. Exhibit A (Redline Version)

4. April 10, 2024 Agenda Report
53 Ordinance No. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE REAPLING AND REPLACING CLOVERDALE MUNICIPAL CODE CHAPTER 5.36,

RENT CONTROL IN MOBILE HOME PARKS, TO ADOPT NEW RENT CONTROL REGULATIONS FOR MOBILE HOME PARKS.

WHEREAS, the State of California recognizes, by the adoption of special legislation regulating tenancies of mobile home owners in mobile home parks, that there is a significant difference between homeowners in mobile home parks and other dwelling units; and

WHEREAS, the State likewise recognizes that homeowners in mobile home parks, unlike apartment tenants or residents of other rental housing stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased and not owned; and
WHEREAS, the City of Cloverdale has three (3) mobile home parks with a total of approximately one hundred eight three (183) spaces located within the City limits; and WHEREAS, mobile home spaces represent a significant portion of the affordable housing supply within the City; and
WHEREAS, mobile home parks are an important affordable housing resource for the Cloverdale’s seniors and low-income households; and

WHEREAS, it is often difficult to move mobile homes from one park to another due to the age and condition of some mobile homes and the limited availability of vacant spaces in mobile home parks; and

WHEREAS, it is often costly to move a mobile home and, in many instances, moving a mobile home requires separation of the mobile home from its appurtenances, which may create severe damage and depreciation in value to the mobile home; and WHEREAS, the City Council desires to adopt a new comprehensive mobile home rent control ordinance to help preserve mobile home parks as an affordable housing option and prevent displacement of mobile home park residents, many of whom are seniors, low-income, or otherwise potentially vulnerable to homelessness if displaced; and WHEREAS, the proposed ordinance would protect mobile home park residents from significant rent increases while ensuring that owners of mobile home parks continue to make a fair and reasonable return; and
WHEREAS, the Ordinance is intended to apply to all permanent residents of mobile home parks, regardless of whether the structure in which they reside meets the technical definition of a mobile home; and
54 WHEREAS, the City Council desires to adopt this Ordinance in order to protect and preserve the public health and welfare.

NOW, THEREFORE, the City Council of the City of Cloverdale does ordain as follows:

Section 1. Recitals.

The above recitals are true and correct and are incorporated into this Ordinance by reference.

Section 2. Repeal and Replace Chapter 5.36.

Chapter 5.36, Rent Control in Mobile Home Parks, of the Cloverdale Municipal Code, is hereby repealed and replaced in its entirety to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.

Section 3. CEQA.

The City Council hereby finds the approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal.

Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under Section 15061(b)(3) of the CEQA Guidelines. This Ordinance established regulations prohibiting excessive space rent increases in mobile home parks. No new development will result from the proposed action, no new use is authorized, and there is no change in the regulations governing the physical development of mobile home parks. Accordingly, it can be seen with certainty that no impact on the physical environment will result.

Section 4. Severability.

If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person, or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 5. Effective Date.

The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law. This Ordinance shall take effect thirty (30) days after its adoption.

INTRODUCED by the City Council of the City of Cloverdale on the 24th day of April 2024 and passed and adopted on May 8, 2024, by the following roll call vote:
55 AYES:

NOES:

ABSTAIN:

ABSENT:

None
SO ORDERED: ATTESTED:
________________________________ ________________________________ Todd Lands, Mayor Michael Maloney, City Clerk
56 EXHIBIT A
Chapter 5.36 RENT CONTROL IN MOBILE HOME PARKS

5.36.010 Findings and purpose.

5.36.020 Definitions.

5.36.030 Exemptions

5.36.040 Base Rent.

5.36.050 Establishment of New Rent After Vacancy

5.36.060 Allowed Rent Increases.

5.36.070 Special Rent Increases – Notice & Information Required to be Shared.

5.36.080 Special Rent Increases – Rent Dispute Process

5.36.090 Special Rent Increases – Arbitration Process

5.36.100 Standards of review.

5.36.110 Net Operating income

5.36.120 Implementation of Special Rent Increase.

5.36.130 Disclosures to Prospective Mobile Home Owner.

5.36.140 Translated Notices

5.36.150 Refusal of Mobile Home Owner to pay illegal rent.

5.36.160 Retaliation Prohibited

5.36.170 Rent stabilization administration fees.

5.36.180 Violation.

5.36.010 Findings and purpose.

A. Mobile Home Spaces represent a significant portion of the affordable housing supply within the City of Cloverdale. This ordinance is a comprehensive Mobile Home rent control ordinance intended to help preserve Mobile Home Parks as an affordable housing option and prevent displacement of Mobile Home Park residents, many of whom are seniors, low income or otherwise potentially vulnerable to Homelessness if displaced.

B. The purpose of this Chapter is to establish an efficient method for regulating Space rent increases in Mobile Home Parks in order to protect Mobile Home Owners from arbitrary, capricious or unreasonable rent adjustments while enabling Park Owners and/or operators and investors to earn a fair and reasonable return on their investment in their Mobile Home Parks.

C. The Ordinance provides Space rent stabilization protection to residents of recreational vehicles occupying Spaces in Mobile Home Parks for more than nine (9) months in recognition of the special status conferred by the recreational vehicle Park occupancy laws to such long-term residencies under Civil Code Section 799.45(b) and their similarity to Mobile Home tenancies.

D. The City Council intends that this chapter be interpreted and enforced fairly and equitably, in a nondiscriminatory manner, and in accordance with constitutional requirements. 57 5.36.020 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall be defined as follows:
“Administrator” shall mean the City Manager of the City of Cloverdale, or the City Manager’s designee.
"Affected Mobile Home Owners" means those Mobile Home Owners whose Space is not legally exempt from this Ordinance.
"Arbitrator" means a person who is: (1) neither a Mobile Home Owner nor has an interest in a Mobile Home Park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were a designated City employee, (2) has experience in analysis of financial records, and (3) meets one of the following criteria:
(a) Licensed attorney or certified public account in good standing who has experience in rental dispute hearings as an arbitrator or neutral fact finding; or (b) Retired judge.
“Base Rent” means the authorized rent pursuant to Section 5.36.040, as adjusted in accordance with this Chapter.
"Capital improvements" means those improvements that materially add to the value of the Mobile Home Park and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful remaining life of the improvement to the Park pursuant to the provision of the Internal Revenue Code. The term "capital improvements" does not include those costs associated with the normal maintenance and upkeep of facilities and premises which were reasonably intended to be part of consideration provided by the Park for rent.

Substantial rehabilitation of the Park that is necessitated as a result of the Park Owner's neglect, permissive waste, or deferred maintenance or acts of God shall not be regarded to be capital improvements. Proposed capital improvements claims must set forth an amortization table spreading the cost of the improvement over its proven useful life. Such costs must be separately itemized, if approved, on the monthly rent invoice. Monthly rent shall be decreased for such amortized capital improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the residents of the entire Park, and costs must be allocated over all beneficiaries of the improvement
"City" means the City of Cloverdale, California.
"Consumer price index" or "CPI" means the consumer price index for all Urban Consumers, San Francisco-Oakland-Hayward, CA Area, as published by the United States Bureau of Labor Statistics of the United States Department of Labor.
"Mobile Home" means a structure, designed for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790. Mobile 58 Home" includes a manufactured Home, as defined in Section 18007 of the California Health and Safety Code, and a Mobile Home, as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach, as defined in section 18001.8 of the California Health and Safety Code except when such a vehicle has continuously remained within a Mobile Home Park for a period in excess of nine (9) months.
"Mobile Home Park" or "Park" means any area of land within the City of Cloverdale where two or more Mobile Home Spaces are rented, or held out for rent, to accommodate Mobile Homes used for human habitation.
"Mobile Home Space" or “Space” means the site within a Mobile Home Park intended, designed or used for the location or accommodation of a Mobile Home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. "Mobile Home Space" shall also include, for purposes of this Chapter, rentable spaces within Mobile Home Parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.24 for a period of nine (9) months or more.
"Mobile Home Owner" or “Resident” means a person who is the Owner of a Mobile Home and legally occupies the Mobile Home within a Mobile Home Park. “Mobile Home Park Owner”, or “Park Owner” means the Owner or operator of a Mobile Home Park or an agent or representative authorized to act on said Owner’s or operator’s behalf in connection with the maintenance or operation of such Park. "Party" as used in this chapter refers to any affected Mobile Home Owner and/or Owner involved in proceedings under this chapter.
"Prospective Mobile Home Owner" means a person who is in the process of negotiating a tenancy in a Mobile Home Park.
"Space Rent" or “Rent” means the consideration, including any bonus, benefit or gratuity, demanded or received by a Park Owner for, or in connection with, the use or occupancy of a Mobile Home Space, or in connection with the assignment of a lease, or in connection with subleasing of a Space. Rent shall not include:
(a) Utility charges for sub-metered gas and electricity. (b) Charges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to Mobile Home Owners solely on a cost pass-through basis and/or in a manner regulated by State or local law.
(c) Any amount paid for the use and occupancy of a Mobile Home unit (as opposed to amounts paid for the use and occupancy of a Mobile Home Space). 59 (d) Charges for laundry services.
(e) Charges for the use of storage areas which the Mobile Home Owner is not entitled to use as part of the rental of a Mobile Home Space.
"Rent increase" means any increase in Base Rent charged by an Owner to a Mobile Home Owner or offered to a prospective Mobile Home Owner.
"Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions of the ordinance. "Substantial rehabilitation" means that work done by an Owner to a Mobile Home Space or to the common areas of the Mobile Home Park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds two hundred dollars ($200.00) and which is performed whether to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance.

5.36.030 Exemptions
This Chapter is applicable to all Mobile Home Spaces within the City of Cloverdale except for the following exemptions:

A. Spaces that are subject to a written lease of greater than one (1) year, and which is voluntarily entered into between a Mobile Home Owner and Park Owner. At least seven (7) days prior to the execution of the such lease, the Park Owner shall provide the Mobile Home Owner with a copy of this Ordinance (even if a copy was previously provided to the Mobile Home Owner when they were a Prospective Mobile Home Owner).

B. Spaces that are not the principal residence of the Mobile Home Owner.

C. Any Mobile Home Space exempt from this Ordinance under State or Federal law.

5.36.040 Base Rent.

Except as provided in this Chapter, a Park Owner shall not demand, accept or retain Rent for a Mobile Home Space exceeding the Base Rent. The Base Rent shall be determined as follows:

A. If a Mobile Home Space was first rented by the Mobile Home Owner occupying the Space prior to January 1, 2024, then the Base Rent shall be the rent in effect on January 1, 2024, as adjusted pursuant to this Chapter.

B. If a Mobile Home Space was first rented by the Mobile Home Owner occupying the Space on or after January 1, 2024, then the Base Rent shall be the rent in effect on the first date of the tenancy, as adjusted pursuant to this Chapter.
60 C. The Base Rent for a Mobile Home Space that becomes subject to this Chapter upon the expiration of an exempt lease shall be the Rent in effect under the exempt lease as of the date of its expiration.

5.36.050 Establishment of New Rent After Vacancy
A. A Mobile Home Park Owner shall be permitted to charge a new Base Rent for a Mobile Home Space whenever a lawful space vacancy occurs. For purposes of this section, a lawful space vacancy is defined as follows:
(1) A vacancy of the Mobile Home Space arising from the voluntary removal of a Mobile Home from the Mobile Home Space by the affected Mobile Home resident. A removal of the Mobile Home from the Space for the purpose of performing rehabilitation or capital improvements to the Space or for the purpose of upgrading the Mobile Home shall not constitute a voluntary removal of the Mobile Home.

B. When a new Base Rent is established following the vacancy of a Mobile Home Space pursuant to this subsection, the Park Owner shall give written notice to the new affected Mobile Home resident of the twelve (12) month anniversary date for rent increases allowed under this Chapter and shall give written notice to such affected resident that the Space Rent may be subject to stabilized rent increases pursuant to the provisions of this chapter.

C. Upon an in-place sale of a Mobile Home on site to a resident-to-be or current resident, the Park Owner may increase the Rent by an amount that does not exceed ten percent (10%) of the then current Base Rent.

5.36.060 Allowed Rent Increases.

A. An Owner may increase the Rent payable for a Mobile Home Space no more than once in any 12-month period. Such rent increase shall not exceed the lesser of:

1. 70% of the annual percentage change, as measured form December to December of successive years, in the CPI, or

2. ii) 3%.

B. If the City Council adopts a rent stabilization administration fee, a Park Owner may choose to apportion to each Mobile Home Space up to fifty percent (50%) of the fee attributable to the Space, in addition to any increase in the Space Rent in accordance with subsection (A) of this section, subject to the following:

1. The Owner shall provide to all Affected Mobile Home Owners documentation supporting the allowable amount to be collected in order to recover a portion of rent stabilization administration fees. At a minimum such documentation shall include:
billing notices or other equivalent documents from the City imposing the rent stabilization administration fee; a copy of this Section which authorizes the apportionment of rent stabilization administration fees; the calculations used by the 61 Owner to apportion the cost of the allowable percentage among the Affected Mobile Home Owners.

2. The apportionment of the rent stabilization administration fee shall not be considered part of the rent base upon which future rent increases can be made.

C. Notice of Rent increases pursuant to this section shall be provided to affected Mobile Home Owners at least ninety (90) days before any increase is to take effect, or such longer period of time required by State law.

5.36.070 Special Rent Increases – Notice & Information Required to be Shared.

A. Whenever the Owner desires to increase the Rent by more than the amount authorized by Section 5.36.060, the Owner shall at the same time and in the same manner serve the Affected Mobile Home Owners with a notice that sets forth all of the following information:

1. The amount of the Rent increase both in dollars and as a percentage of existing rent and documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among Mobile Home Spaces of any substantial rehabilitation or capital improvement; a summary of the Owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired;

2. The identity of all other Affected Mobile Home Owners and the Spaces which they rent and a roster of residents in the Park occupying recreational vehicles in place for more than nine (9) months;

3. The address and telephone number of the Administrator and: (a) the fact that the resident is encouraged to contact the Administrator for an explanation of the provisions of this article; (b) documentation supporting the level of increase is on file with the Administrator;

4. A copy of the official petition form as prepared and provided by the Administrator which initiates the process established by this article;

5. In addition, Park Owner shall place on file with the Administrator two (2) copies of:
documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among Mobile Home Spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the Owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the Owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired. These documents will be available for inspection at City Hall; 62 6. If applicable, notification that the proposed Rent increase exceeds three hundred percent (300%) of the change in the CPI, and that arbitration is deemed automatically required by the provisions of this Chapter, without any need to file an arbitration petition. Such notices shall bear the following language: "Arbitration of the proposed increase is automatically required in this matter by operation of law." Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator.

C. An Owner failing to provide an Affected Mobile Home Owner with the information, documents, and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this Chapter from that Mobile Home Owner nor to any rent increase that might otherwise be awarded by an Arbitrator. Such failure by the Owner shall be a defense in any action brought by the Mobile Home Owner to recover possession of a Mobile Home Space or to collect any rent increase from the resident.

5.36.080 Special Rent Increases – Rent Dispute Process
A. Mandatory meet-and-confer meeting. Whenever the Park Owner desires to increase the Rent by more than the amount authorized by Section 5.36.060, the Residents and Park Owner must meet and confer with each other (or their authorized representatives) at a location in the Mobile Home Park or otherwise accessible within the City of Cloverdale. Such meeting shall occur at least seven (7) days, but not longer than fourteen (14) after the notice is sent. Written notice of the time, place and date of the meeting should be provided by the Park Owner to all affected Mobile Home Owners at least seventy-two (72) hours before the meeting. If the Park Owners or residents fail to agree on the time, place and date of the hearing within seventy-two (72) hours of when the rent increase notice is sent, the Park Owner shall notify the Administrator, who shall set the time, date, and place of the meeting.

B. At the meeting, representatives of the parties should exchange documentary evidence that the parties in good faith then know will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of a Park Owner, all financial data upon which any proposed increase is claimed shall be supplied to resident representatives at the time of the meet-and-confer meeting. The Arbitrator may deny an application based on the applicant's failure to participate in good faith in the meet and confer process.

C. The Park Owner has a duty to provide adequate information to the residents regarding the Park's net operating income sufficient for a reasonably sophisticated inquiry into the financial status of the Park Owner's business. This will consist of true and accurate book entries or other competent evidence of gross income including, but not limited to, gross rents, interest upon security and cleaning deposits, income from ancillary services (submetering of utilities, laundry facilities, etc.) and true and accurate book entries or other competent evidence of operating expenses including, but not limited to, license fees, property taxes, utilities, insurance, management expenses, landlord performed labor, building and grounds maintenance, legal fees, auto and truck expenses, employee benefits, permits, refuse removal, ground lease payments, and similar additional expenses. 63 D. If discussions between Park Owner and Residents do not resolve the dispute between them, the Residents or their representative may file with the Administrator a petition for Arbitration a copy of the notice of rent increase, within thirty (30) days after the date upon which the rent increase notice is received. The petition must be signed by individuals representing greater than fifty percent (51%) of all Mobile Home Spaces affected by the proposed Rent Increase.

Upon the filing of a petition, the Rent increase is not effective and may not be collected until and to the extent it is awarded by an arbitrator or until the petition is abandoned. As used herein, the term "abandoned" refers to lack of prosecution of the arbitration by the Mobile Home residents' representative(s). An automatic arbitration based upon a three hundred percent (300%) CPI increase will not require active resident prosecution, although such prosecution will not be prohibited. The term "prosecution" refers to actively pursuing necessary steps toward preparing the residents' case for the arbitration hearing.

E. Contents of Petition for Arbitration.

1. The petition for arbitration shall set forth the total number of affected rented Spaces in the Mobile Home Park, shall identify the Space occupied by each resident and shall state the date upon which the notice of the rent increase was received by the resident(s).

2. After obtaining the required signatures, the resident(s) shall deliver the petition or mail it by registered or certified mail to the Administrator at Cloverdale City Hall. No petition shall be accepted unless it is accompanied by the requisite number of signatures and is received in the office of the Administrator within the required period set forth above. The Administrator shall provide a copy of the completed petition form to both parties as soon as practicable.

F. Within five (5) business days of notification of the completed petition form, or upon providing the Administrator with notice of a Rent increase of greater than three hundred percent (300%) of CPI, the Park Owner shall pay the Rent Control Arbitration Fee, if one has been established by the City Council, to the Administrator. The amount of such fee shall be an operating expense to be considered by the arbitrator during any required arbitration.

G. Information questionnaire. After the Administrator has accepted a petition for Space rent review, the Administrator may remit to the Owner and residents an information questionnaire in such form as the Administrator may prescribe. The completed information questionnaire must be returned to the Administrator at least five (5) working days prior to the date scheduled for hearing of the petition by the arbitrator. Copies of the completed information questionnaire shall be provided to the arbitrator and the opposing party.

5.36.090 Special Rent Increases – Arbitration Process
64 A. Upon the receipt of a valid petition pursuant to Section 5.36.080, or notification from the Park Owner of a rent increase requiring mandatory arbitration, the Administrator shall, within ten (10) working days, assign an arbitrator. The arbitrator may, but is not required be associated with the Sonoma County Community Development Commission.

B. After the Administrator assigns an arbitrator, the arbitrator shall schedule the arbitration hearing for a date at least fifteen (15) days, but no more than thirty (30) days after the date of selection, unless the Parties agree otherwise. The arbitrator shall notify the Administrator, who shall immediately notify the Park Owner and affected Mobile Home Owners of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. The arbitration hearing shall occur within the City of Cloverdale.

C. Arbitration hearing.

1. The Owner and resident(s) may appear at the hearing and offer oral and documentary evidence. Both the Owner and resident(s) may designate a representative or representatives to appear for them at the hearing. The arbitrator may grant or continuances as he or she deems appropriated. The burden of proving that the amount of rent increase is reasonable shall be on the Owner by a preponderance of the evidence.

2. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The arbitrator may establish such rules and procedures regarding the conduct of the hearing, and the introduction of evidence, as long as such rules and procedures comply with this Ordinance.

3. The arbitrator shall, within fourteen (14) days of the hearing, submit by mail a written statement of decision and the reasons for the decision to the Administrator who shall forthwith distribute by mail copies of the decision to the Owner and resident(s). The arbitrator shall determine the amount of rent increase, if any, which is reasonable based upon all the provisions of this article.
4 The arbitrator shall not allow more than one (1) rent increase per Park per twelve-month period.

5. The decision of the arbitrator, rendered in accordance with this section, shall be final and binding upon the Owner and all Affected Mobile Home Owners. The decision of the arbitrator will be subject to the provision of Code of Civil Procedure Section 1094.5.

6. Any party may have electronic recording equipment or a court reporter present to record and prepare a transcript of the hearing before the arbitrator, however, such equipment or reporter shall be provided at that party's own expense.

7. The arbitrator is authorized to modify the basic time periods set forth herein at their discretion to promote the purposes of this program provided a final decision is rendered within one hundred eighty (180) days of the notice of rent increase.

7. Any procedural or jurisdictional dispute regarding the processes set forth herein may be decided by the arbitrator.

8. The legislative authority of the City Council to modify this ordinance or otherwise regulate rents in Mobile Home Parks shall not be limited or abridged by any decision of the arbitrator.

9. The Administrator shall provide administrative assistance to the arbitrator as necessary. 65 10. Failure of the Park Owner to attend the arbitration hearing, without good cause as determined by the arbitrator, shall be considered an abandonment of the rent increase.

11. Failure of the Park Owner to provide any documents reasonable requested by the Mobile Home Park Owners, or their representatives as part of this arbitration hearing, may be considered by the arbitrator in making a decision.

5.36.100 Standards of Review for Determining a Fair Return The Park Owner shall be entitled to charge rents sufficient to earn a fair and reasonable return. It is presumed that a Park’s Net Operating Income, as defined in Section 5.36.110, in the calendar year immediately proceeding the enactment of this Ordinance (2023) provide a fair and reasonable return to the Park Owner. Furthermore, it is presumed that Net Operating Income adjusted by the percentage increase in the CPI since 2023 will continue to provided a fair and reasonable return to the park owner. The Park Owner may rebut this presumption by demonstrating unusual expenses or other circumstances during the 2023, or subsequent years.

In evaluating the Space increase proposed by the Owner, the following factors may be considered in evaluating whether the increase in the rent Proposed by the Owner is justified:

A. Beneficial increases in maintenance and operating expenses, including but not limited to the reasonable value of the Owner's labor and any increased costs for services provided by a public agency, public utility, or quasi-public agency or utility; B. The substantial rehabilitation or the addition of capital improvements, including the reasonable value of the Owner's labor, as long as such rehabilitation or improvement has been completed and is:

1. Distinguished from ordinary repair or maintenance,

2. For the primary benefit, use and enjoyment of the residents,

3. Permanently fixed in place or relatively immobile and dedicated to the use of the property,

4. Not one for which a "use fee" or other charge is imposed on residents for its use,

5. Cost-factored and amortized over the good faith estimate of the remaining useful life of the rehabilitation or improvement, and

6. Does not constitute maintenance of the infrastructure of gas or electrical lines within the Mobile Home Park for which the public utility has permitted the ParkOwner a special premium with the intent that it be used to replace or otherwise maintain the system within the Mobile Home Park;
C. The rental history of the Space or the Park of which it is a part, including:

1. The presence, or absence of past increases,

2. The frequency of past rent increases, and

3. The occupancy rate of the Park in comparison to comparable Parks in the same general area;
66 D. The physical condition of the Mobile Home Space or Park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months;
E. Any increase or reduction of housing services since the last rent increase; F. Existing Space rents for comparable Spaces in comparable Parks; G. Other financial information which the Owner is willing to provide; H. Any costs incurred as a result of a natural disaster and only to the extent such costs have not been reimbursed to the Owner by insurance or other sources; and I. Any increase or decrease in the net operating income for the Park.

5.36.110 Net Operating income
In evaluating a Space rent increase sought by an Owner to maintain the Owner's net operating income from the Park, the following definitions and provisions shall apply:

A. "Net operating income" of a Mobile Home Park means the gross income of the Park less the operating expenses of the Park.

B. "Gross income" means the sum of the following:

1. Gross Space rents, computed as gross Space rental income at one hundred percent (100%) occupancy (including any Spaced exempt from the Ordinance); plus

2. Other income generated as a result of the operation of the Park, including, but not limited to, fees for services actually rendered; plus

3. Revenue received by the Park Owner from the sale of utilities to Park residents where such utilities are billed individually to the Park residents by the Park Owner. This revenue shall equal the total cost of the utilities to the residents minus the amount paid by the Park Owner for such utilities to the utility provider; minus

4. Uncollected Space rents due to vacancy and bad debts to the extent that the same are beyond the Park Owner's control. Uncollected Space rents in excess of three percent (3%) of gross Space rent shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. Where uncollected Space rents must be estimated, the average of the preceding three (3) years' experience shall be used.

C. "Operating expenses" means:

1. Real property taxes and assessments;

2. Utility costs to the extent that they are included in Space rent;

3. Management expenses including the compensation of administrative personnel, including the value of any Mobile Home Space offered as part of compensation for such services, reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are 67 presumed to be not more than five percent (5%) of gross income, unless established otherwise;

4. Normal repair and maintenance expenses for the grounds and common facilities including but not limited to landscaping, cleaning and repair of equipment and facilities;

5. Owner-performed labor in operating or maintaining the Park. In addition to the management expenses listed above, where the Owner performs managerial or maintenance services which are uncompensated, the Owner may include the reasonable value of such services. Owner-performed labor shall be limited to five percent (5%) of gross income unless the arbitrator finds that such a limitation would be substantially unfair in a given case. A Park Owner must devote substantially all of their time, that is, at least forty (40) hours per week, to performing such managerial or maintenance services in order to warrant the full five percent (5%) credit of their labor as an operating expense.

No credit for such services shall be authorized unless a Park Owner documents the hours utilized in performing such services and the nature of the services provided;

6. Operating supplies such as janitorial supplies, gardening supplies, stationery, and so forth;

7. Insurance premiums prorated over the life of the policy;

8. Other taxes, fees and permits.

9. Capital improvement costs. Expenditures for capital improvements to upgrade existing facilities shall be an allowable operating expense only if the Park Owner has:
i. Established upon written verification, or by other competent evidence to the satisfaction of the arbitrator, that the cost of the capital improvements provided to the Park residents, for their general use, are factually correct as claimed, ii. Such capital improvements are wholly compensable to the Park Owner upon appropriate amortization of their cost, together with a reasonable return upon the capital improvement investment made by the Park Owner,
iii. Any capital improvement expenses shall be amortized over the reasonable life of the improvement or such other period as may be deemed reasonable by the arbitrator under the circumstances. In the event that the capital improvement expenditure is necessitated as a result of an accident, disaster or other event for which the Park Owner received insurance benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as operating expenses. d. Operating expenses shall not include the following:

1. Mortgage principal, interest payments or other debt service expenses;

2. Depreciation;

3. Any expense for which the Park Owner is reimbursed;

4. Expenses attributable to unreasonable delays in performing necessary maintenance or repair work or the failure to complete necessary replacements.

5. Political contributions and payments to organizations which are substantially devoted to legislative lobbying purposes;

6. Penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or other provisions of law;

7. Attorneys' fees and costs, except printing costs and documentation as required by this Chapter, incurred in proceedings before an arbitrator or in connection with legal 68 proceedings challenging the decision of an arbitrator or the validity or applicability of this article.
e. All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, or increases significantly in a particular year, the Park Owner shall bear the burden of proving the reasonableness of the expense, To the extent that an arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard.

5.36.120 Implementation of Special Rent Increase.

A. During the pendency of the arbitration hearing, the Park Owner may implement the amount of Rent increase authorized by Section 5.36.060.

B. If a final decision by an arbitrator finds that the Park Owner is entitled to a rent increase above the amount otherwise allowed by Section 5.36.060, the Park Owner may implement such rent increase upon providing required notice to all affected Mobile Home Park Owners.

Such increase may be in addition to the rent increase imposed pursuant to Subsection A, above.

5.36.130 Disclosures to Prospective Mobile Home Owner.

Park Owner shall disclose to each prospective Mobile Home Owner the proposed Base Rent for the Mobile Home Space, any rental agreement options, provide each prospective Mobile Home Owner a copy of this Chapter, and that if the prospective Mobile Home Owner signs a lease with a term of more than one year, that lease will be exempt from rent stabilization, in addition to any notice required by the Mobile Home Residency Law or any other applicable state law. The Park Owner shall give the required disclosure and provide a copy of this Chapter to the prospective Mobile Home Owner at the time that the Park Owner, or Owner’s representative, receives the prospective Mobile Home Owner’s application for tenancy. The Park Owner shall obtain a signature of the prospective Mobile Home Owner on the disclosure form acknowledging receipt of the disclosures. The Park Owner shall retain the signed disclosure form throughout the entire tenancy of the Mobile Home Owner. This signed form shall be made available to the Administrator upon reasonable written notice.

5.36.140 Translated Notices
Any notices required to be provided by the Park Owner pursuant to this chapter shall be provided in both English and Spanish.

5.36.150 Refusal of Mobile Home Owner to pay illegal rent.

It shall be unlawful for a Park Owner to demand, accept, receive, or retain Rent in excess of the amounts authorized by this Article. An affected Mobile Home Owner may refuse to pay any Rent in excess of the maximum Rent permitted by this Chapter. The fact that such unpaid Rent is 69 in excess of the maximum Rent shall be a defense in any action brought to recover possession of a Mobile Home Space for nonpayment of Rent or to collect the illegal Rent.

5.36.160 Retaliation Prohibited
A. It shall be unlawful for a Park Owner to evict a Mobile Home Owner, or otherwise retaliate against a resident or prospective resident for the resident's or prospective resident’s assertion or exercise of rights under this Changer in any manner, including:

1. Threatening to bring or bringing an action to recover possession of a Space.

2. Engaging in any form of harassment that causes the Mobile Home Owner to quit the premises.

3. Decreasing housing services.

4. Unlawfully increasing Rent.

5. Imposing or increasing a security deposit or other charge payable by the Mobile Home Owner
B. The residents have a right to organize a resident's association without hindrance from the Park Owner to exercise the rights provided under this Ordinance.

5.36.170 Rent stabilization administration fees.

All or any portion of the costs to administer this Chapter may be collected by the imposition of an annual rent stabilization administration fee, which may be established by the City Council by resolution. The fee, if any, shall be chargeable against every Mobile Home Space in the City subject to rent stabilization. The Park Owner shall remit any adopted rent stabilization administration fee by September 1 of each year. The fee is intended to cover the full cost of administration and the fee assessment amount may be amended from time to time by resolution of the City Council. The City Council may adopt by resolution additional fees as necessary to reimburse the City for its costs to implement this Chapter, and may allocate specified charges to the respective Parties.

5.36.180 Violation
Every person who violates any provision of this chapter is guilty of a misdemeanor and shall be subject to the provisions of Title I of this code.
70 EXHIBIT A
Chapter 5.36 RENT CONTROL IN MOBILE HOME PARKS

5.36.010 Findings and purpose.

5.36.020 Definitions.

5.36.030 Exemptions

5.36.040 Base Rent.

5.36.050 Establishment of New Rent After Vacancy

5.36.060 Allowed Rent Increases.

5.36.070 Special Rent Increases – Notice & Information Required to be Shared.

5.36.080 Special Rent Increases – Rent Dispute Process

5.36.090 Special Rent Increases – Arbitration Process

5.36.100 Standards of review.

5.36.110 Net Operating income

5.36.120 Implementation of Special Rent Increase.

5.36.130 Disclosures to Prospective Mobile Home Owner.

5.36.140 Translated Notices

5.36.150 Refusal of Mobile Home Owner to pay illegal rent.

5.36.160 Retaliation Prohibited

5.36.170 Rent stabilization administration fees.

5.36.180 Violation.

5.36.010 Findings and purpose.

Substantial rehabilitation of the Park that is necessitated as a result of the Park Owner's neglect, permissive waste, or deferred maintenance or acts of God shall not be regarded to be capital improvements. Proposed capital improvements claims must set forth an amortization table spreading the cost of the improvement over its proven useful life. Such costs must be separately itemized, if approved, on the monthly rent invoice. Monthly rent shall be decreased for such amortized capital improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the residents of the entire Park, and costs must be allocated over all beneficiaries of the improvement
"City" means the City of Cloverdale, California.
"Consumer price index" or "CPI" means the consumer price index for all Urban Consumers, San Francisco-Oakland-Hayward, CA Area, as published by the United States Bureau of Labor Statistics of the United States Department of Labor.
"Mobile Home" means a structure, designed for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790. Mobile 72 Home" includes a manufactured Home, as defined in Section 18007 of the California Health and Safety Code, and a Mobile Home, as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach, as defined in section 18001.8 of the California Health and Safety Code except when such a vehicle has continuously remained within a Mobile Home Park for a period in excess of nine (9) months.
"Mobile Home Park" or "Park" means any area of land within the City of Cloverdale where two or more Mobile Home Spaces are rented, or held out for rent, to accommodate Mobile Homes used for human habitation.
"Mobile Home Space" or “Space” means the site within a Mobile Home Park intended, designed or used for the location or accommodation of a Mobile Home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. "Mobile Home Space" shall also include, for purposes of this Chapter, rentable spaces within Mobile Home Parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.24 for a period of nine (9) months or more.
"Mobile Home Owner" or “Resident” means a person who is the Owner of a Mobile Home and legally occupies the Mobile Home within a Mobile Home Park. “Mobile Home Park Owner”, or “Park Owner” means the Owner or operator of a Mobile Home Park or an agent or representative authorized to act on said Owner’s or operator’s behalf in connection with the maintenance or operation of such Park. "Party" as used in this chapter refers to any affected Mobile Home Owner and/or Owner involved in proceedings under this chapter.
"Prospective Mobile Home Owner" means a person who is in the process of negotiating a tenancy in a Mobile Home Park.
"Space Rent" or “Rent” means the consideration, including any bonus, benefit or gratuity, demanded or received by a Park Owner for, or in connection with, the use or occupancy of a Mobile Home Space, or in connection with the assignment of a lease, or in connection with subleasing of a Space. Rent shall not include:
(a) Utility charges for sub-metered gas and electricity. (b) Charges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to Mobile Home Owners solely on a cost pass-through basis and/or in a manner regulated by State or local law.
(c) Any amount paid for the use and occupancy of a Mobile Home unit (as opposed to amounts paid for the use and occupancy of a Mobile Home Space). 73 (d) Charges for laundry services.
(e) Charges for the use of storage areas which the Mobile Home Owner is not entitled to use as part of the rental of a Mobile Home Space.
"Rent increase" means any increase in Base Rent charged by an Owner to a Mobile Home Owner or offered to a prospective Mobile Home Owner.
"Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions of the ordinance. "Substantial rehabilitation" means that work done by an Owner to a Mobile Home Space or to the common areas of the Mobile Home Park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds two hundred dollars ($200.00) and which is performed whether to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance.

5.36.030 Exemptions
This Chapter is applicable to all Mobile Home Spaces within the City of Cloverdale except for the following exemptions:

B. Spaces that are not the principal residence of the Mobile Home Owner.

C. Any Mobile Home Space exempt from this Ordinance under State or Federal law.

5.36.040 Base Rent.

Except as provided in this Chapter, a Park Owner shall not demand, accept or retain Rent for a Mobile Home Space exceeding the Base Rent. The Base Rent shall be determined as follows:

B. If a Mobile Home Space was first rented by the Mobile Home Owner occupying the Space on or after January 1, 2024, then the Base Rent shall be the rent in effect on the first date of the tenancy, as adjusted pursuant to this Chapter.
74 C. The Base Rent for a Mobile Home Space that becomes subject to this Chapter upon the expiration of an exempt lease shall be the Rent in effect under the exempt lease as of the date of its expiration.

A Mobile Home Park Owner shall be permitted to charge a new base rent for a Mobile Home Space whenever a lawful Space vacancy occurs, for any reason. This ordinance does not place any limitations on the amount of the new Base Rent that may be established.

5.36.060 Allowed Rent Increases.

A. An Owner may increase the Rent payable for a Mobile Home Space no more than once in any 12-month period. Such rent increase shall not exceed the lessergreater of:

1. 70% of the annual percentage change, as measured form December to December of successive years, in the CPI, or

2. ii) 3%.

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B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.25" + Indent at: 0.5"
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75 billing notices or other equivalent documents from the City imposing the rent stabilization administration fee; a copy of this Section which authorizes the apportionment of rent stabilization administration fees; the calculations used by the Owner to apportion the cost of the allowable percentage among the Affected Mobile Home Owners.

2. The apportionment of the rent stabilization administration fee shall not be considered part of the rent base upon which future rent increases can be made.

5.36.070 Special Rent Increases – Notice & Information Required to be Shared.

2. The identity of all other Affected Mobile Home Owners and the Spaces which they rent and a roster of residents in the Park occupying recreational vehicles in place for more than nine (9) months;

4. A copy of the official petition form as prepared and provided by the Administrator which initiates the process established by this article;

6. If applicable, notification that the proposed Rent increase exceeds three hundred percent (300%) of the change in the CPI, and that arbitration is deemed automatically required by the provisions of this Chapter, without any need to file an arbitration petition. Such notices shall bear the following language: "Arbitration of the proposed increase is automatically required in this matter by operation of law." Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator.

D. If discussions between Park Owner and Residents do not resolve the dispute between them, the Residents or their representative may file with the Administrator a petition for Arbitration a copy of the notice of rent increase, within thirty (30) days after the date upon which the rent increase notice is received. The petition must be signed by individuals representing greater than fifty percent (51%) of all Mobile Home Spaces affected by the proposed Rent Increase.

E. Contents of Petition for Arbitration.

H. A Park Owner's failure to provide the minimum information required by this Chapter or attend the hearing shall require the Administrator to suspend further proceedings under this article. This determination may also be made by the Arbitrator during the Arbitration process. The Park Owner's application for a rent increase under such circumstances shall be deemed defective, without force or effect, and deemed withdrawn. Renoticing of the increase shall be required to reinitiate an application for rent increase. 78 5.36.090 Special Rent Increases – Arbitration Process A. Upon the receipt of a valid petition pursuant to Section 5.36.080, or notification from the Park Owner of a rent increase requiring mandatory arbitration, the Administrator shall, within ten (10) working days, assign an arbitrator. The arbitrator may, but is not required be associated with the Sonoma County Community Development Commission.

C. Arbitration hearing.

7. Any procedural or jurisdictional dispute regarding the processes set forth herein may be decided by the arbitrator.
79 8. The legislative authority of the City Council to modify this ordinance or otherwise regulate rents in Mobile Home Parks shall not be limited or abridged by any decision of the arbitrator.

9. The Administrator shall provide administrative assistance to the arbitrator as necessary.

10. Failure of the Park Owner to attend the arbitration hearing, without good cause as determined by the arbitrator, shall be considered an abandonment of the rent increase.

In evaluating the Space increase proposed by the Owner, the following factors may be considered in evaluating whether the increase in the rent Proposed by the Owner is justified:

1. Distinguished from ordinary repair or maintenance,

2. For the primary benefit, use and enjoyment of the residents,

3. Permanently fixed in place or relatively immobile and dedicated to the use of the property,

4. Not one for which a "use fee" or other charge is imposed on residents for its use,

5. Cost-factored and amortized over the good faith estimate of the remaining useful life of the rehabilitation or improvement, and

1. The presence, or absence of past increases,

2. The frequency of past rent increases, and
80 3. The occupancy rate of the Park in comparison to comparable Parks in the same general area;
D. The physical condition of the Mobile Home Space or Park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months;
E. Any increase or reduction of housing services since the last rent increase; F. Existing Space rents for comparable Spaces in comparable Parks; G. Other financial information which the Owner is willing to provide; H. Any costs incurred as a result of a natural disaster and only to the extent such costs have not been reimbursed to the Owner by insurance or other sources; and I. Any increase or decrease in the net operating income for the Park.

5.36.110 Net Operating income
In evaluating a Space rent increase sought by an Owner to maintain the Owner's net operating income from the Park, the following definitions and provisions shall apply:

A. "Net operating income" of a Mobile Home Park means the gross income of the Park less the operating expenses of the Park.

B. "Gross income" means the sum of the following:

1. Gross Space rents, computed as gross Space rental income at one hundred percent (100%) occupancy (including any Spaced exempt from the Ordinance); plus

2. Other income generated as a result of the operation of the Park, including, but not limited to, fees for services actually rendered; plus

C. "Operating expenses" means:

1. Real property taxes and assessments;

2. Utility costs to the extent that they are included in Space rent;

3. Management expenses including the compensation of administrative personnel, including the value of any Mobile Home Space offered as part of compensation for such services, 81 reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be not more than five percent (5%) of gross income, unless established otherwise;

4. Normal repair and maintenance expenses for the grounds and common facilities including but not limited to landscaping, cleaning and repair of equipment and facilities;

No credit for such services shall be authorized unless a Park Owner documents the hours utilized in performing such services and the nature of the services provided;

6. Operating supplies such as janitorial supplies, gardening supplies, stationery, and so forth;

7. Insurance premiums prorated over the life of the policy;

8. Other taxes, fees and permits.

1. Mortgage principal, interest payments or other debt service expenses;

2. Depreciation;

3. Any expense for which the Park Owner is reimbursed;

4. Expenses attributable to unreasonable delays in performing necessary maintenance or repair work or the failure to complete necessary replacements.

5. Political contributions and payments to organizations which are substantially devoted to legislative lobbying purposes;

6. Penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or other provisions of law;
82 7. Attorneys' fees and costs, except printing costs and documentation as required by this Chapter, incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this article.
e. All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, or increases significantly in a particular year, the Park Owner shall bear the burden of proving the reasonableness of the expense, To the extent that an arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard.

5.36.120 Implementation of Special Rent Increase.

A. During the pendency of the arbitration hearing, the Park Owner may implement the amount of Rent increase authorized by Section 5.36.060.

Such increase may be in addition to the rent increase imposed pursuant to Subsection A, above.

5.36.130 Disclosures to Prospective Mobile Home Owner.

5.36.140 Translated Notices
Any notices required to be provided by the Park Owner pursuant to this chapter shall be provided in both English and Spanish.

5.36.150 Refusal of Mobile Home Owner to pay illegal rent.

It shall be unlawful for a Park Owner to demand, accept, receive, or retain Rent in excess of the amounts authorized by this Article. An affected Mobile Home Owner may refuse to pay any 83 Rent in excess of the maximum Rent permitted by this Chapter. The fact that such unpaid Rent is in excess of the maximum Rent shall be a defense in any action brought to recover possession of a Mobile Home Space for nonpayment of Rent or to collect the illegal Rent.

1. Threatening to bring or bringing an action to recover possession of a Space.

2. Engaging in any form of harassment that causes the Mobile Home Owner to quit the premises.

3. Decreasing housing services.

4. Unlawfully increasing Rent.

5.36.170 Rent stabilization administration fees.

5.36.180 Violation
Every person who violates any provision of this chapter is guilty of a misdemeanor and shall be subject to the provisions of Title I of this code.
84 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: April 10, 2024
Agenda Section:

New Business
Staff Contact:

Alex Mog, City Attorney
Agenda Item Title:

Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks ________________________________________________________________________________________ Recommended Council Action(s):

Introduction and First Reading, by title only, of an Ordinance Entitled, “An Ordinance of the Cloverdale City Council repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks.” ________________________________________________________________________________________ Background:

General Information
Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, establishes a regulatory scheme for rent increases in mobile home parks located within the City. The Ordinance was adopted in 1986 but has not been enforced or followed in many years. Staff searched City records going back to at least 2000 but have been unable to determine why or when the ordinance stopped being enforced or followed. Many elements of Chapter 5.36 are unenforceable or otherwise out-of-date.

The United States Supreme Court and California Supreme Court have held that rent stabilization (commonly referred to as rent control) is a proper exercise of a local government’s police power if it is calculated to eliminate excessive rents, as long as it provides landlords with just and reasonable returns on their property.

Rent control ordinances must provide a mechanism for ensuring landlords receive a “just and reasonable” return on their property. A “just and reasonable” return is one that is “sufficiently high to encourage and reward efficient management, discourage the flight of capital, maintain adequate services, and enable [landlords] to maintain and support their credit status.”1 This is commonly know as a “fair return”.

Mobile home parks differ significantly from traditional residential units. In general, mobile home park residents own the mobile home in which they live. Mobile home park residents pay space rent to the park owners in order to locate their mobile home in a space within the park. The term “mobile home” is largely a misnomer since it is very difficult to move or relocate a mobile home once it has been installed in a specific location. This can make mobile home park residents especially sensitive to rent increases, since moving to a different location may require them to abandon the mobile home they previously purchased, unless they can find a new buyer. In addition, the value of the mobile home depends largely on the amount of the rent for the mobile home space on which it is located.
1 See Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Board (1999) 70 Cal.App.4th 281, 288-289; MHC Operating Limited Partnership v. City of San Jose (2003) 106 Cal.App.4th 204, 220. 85 City Council/Successor Agency Agenda Item Summary
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Sonoma County has a rent control ordinance that applies to mobile home parks within unincorporated areas of the County. Similarly, the cities of Cotati, Santa Rosa, Sebastopol, and Sonoma, as well as the Town of Windsor, have mobile home rent control ordinances within their jurisdictions.

Consideration of Mobile Home Control Ordinance
The Finance, Administration, and Police (“FAP”) Subcommittee first considered the City’s rent control regulations for mobile home parks in late 2023, and directed the City Attorney’s Office to begin preparing an ordinance to repeal existing Chapter 5.36, and replace it with new regulations. The City Attorney’s Office sought direction from the FAP Subcommittee on specific terms for the proposed Ordinance during a meeting on February 5, 2024, and then from the full City Council on February 14, 2024. The City Council directed that the matter be referred back to the FAP Subcommittee for further consideration. At that time, the Council also directed that potential changes to the Zoning Code to enact protections for mobile home residents be deferred until after the rent control ordinance was adopted and implemented.

The FAP Subcommittee met again to consider the key terms in a proposed ordinance on March 4, 2024. The City made an effort to notify park owners and residents of this meeting, which was held at the Fire Sation to accommodate larger crowds. The FAP Subcommittee heard from representatives of both park owners and residents, and engaged in considerable discussion with the public in attendance before making recommendations regarding the key terms in the proposed ordinance. Those recommendations are the basis for the proposed ordinance.

The Subcommittee directed the City Attorney to prepare an ordinance for the City Council to introduce and hold a first reading on. The full City Council retains the authority to make any changes to the ordinance it deems appropriate. If the desired changes only require small edits to the text of the proposed ordinance, it may be possible to make those changes during the April 10 City Council meeting and proceed with introducing the ordinance at that meeting. If the more significant changes to the proposed text of the ordinance are desired, it will be necessary to postpone introduction of the ordinance until the April 24 Council meeting, so that new legislative text can be prepared.
________________________________________________________________________________________ Summary:

The proposed rent control ordinance would repeal the existing Municipal Code Chapter 5.36 and replace it in its entirety with a new ordinance. The ordinance is long, because it must include clear procedural and substantive requirements in case disputes arise between park owners and residents. For example, if a park owner believes the ordinance is preventing it from obtaining a just and reasonable return, the ordinance must specify how to determine the park’s net operating income. This necessitates the ordinance having extensive definitions as to what qualifies as operating income or operating expenses.

Because of the length of the ordinance, the City Attorney has previously sought direction on certain key terms. The FAP Subcommittee provided directions on those terms. That direction is incorporated into the proposed ordinance, and described below.

1. Allowable Rent Increase.
86 City Council/Successor Agency Agenda Item Summary
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The most important and widely known element of a rent control ordinance is the allowable rent increase.

This is the amount a park owner may raise the space rent annually without obtaining special authorization.

In most jurisdictions, the allowable rent increase is tied to the annual percentage change in the consumer price index (“CPI”).

The proposed ordinance prohibits park owners from increasing the rent in any given year by an amount more than 3% or 70% of CPI, whichever is greater. For example, if the CPI is 2%, park owners would be allowed to increase space rents by up to 3% (since 3% is greater than, 1.4 %, which is 70% of 2%). If CPI is 6%, park owners would be allowed to increase rents by 4.2% (since 4.2%, which is 70% of 6%, is greater than 3%). Park owners can always choose to increase the rent by less than the maximum allowed.

For reference, below is a chart showing the allowable rent increases in other Sonoma County jurisdictions.2

Public Entity Rent Increase Cap Vacancy Control Rent Increases for In-Place Transfer
Petaluma 4% or 70% of CPI,
whichever is less
No cap if lawful vacancy No increase allowed
Santa Rosa 4% or 70% of CPI,
whichever is less
No cap if lawful vacancy 10% increase allowed
Windsor 4% or 75% of CPI,
whichever is less
No cap if lawful vacancy 15% increase allowed
Sebastopol 3% or 75% of CPI,
whichever is less
No cap if lawful vacancy No increase allowed
Rohnert Park 4% or one-half of one
percent less than the
percentage increase in
the CPI, whichever is less
Lawful vacancy not
contemplated-no new base rent
allowed. New construction
exempted.

No increase allowed
Sonoma County 4% or 70% of
CPI, whichever is less
No cap if lawful vacancy 5% increase allowed
Cotati 6% or 100% CPI,
whichever is less
No cap if lawful vacancy No increase allowed
Sonoma 80% of CPI No cap if lawful vacancy 5% increase allowed, with conditions

2. Vacancy Control
2 This information if from a report presented to the Board of Supervisors on October 24, 2023. It has not been independently verified by City staff. The chart uses “in-place transfer” to refer to the transfer of an existing mobile home in a park to new occupants, regardless of whether those occupants are new or existing residents of the park. 87 City Council/Successor Agency Agenda Item Summary
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If a rent control ordinance includes vacancy control, the park owner is prohibited from increasing the rent, or limited in how much the rent can be increased, when a vacancy occurs in a mobile home space. While California law prohibits vacancy control in traditional residential units, it is allowed for mobile home spaces.

There are different possible approaches to vacancy control:
• No restrictions
• Restriction on the rent the park owner can charge any type of new residents • Restriction on the rent the park owner can charge any new residents moving into an existing unit in the park.
• Restrictions on the rent the park owner can charge existing residents of the park that move to a new unit in the park.
• Restrictions on the rent the park owner can charge certain new residents occupying specific mobile homes (such as the immediate family members of the prior owner of a mobile home park).

The purpose of rent control is usually to ensure that existing residents are not priced out and can remain in their homes. Vacancy control does not further this purpose, since it applies when a vacancy occurs. Vacancy control can potentially help maintain mobile homes as an affordable housing option by keeping space rents low in parks. However, there is a potential that restricting space rents from increasing following a vacancy simply increases the cost of purchasing the mobile homes on those spaces.

The proposed ordinance does not include any type of vacancy control. Accordingly, the park owner may raise the mobile home space rent to any amount when a new resident occupies a mobile home space. For reference, the above chart shows what other Sonoma County jurisdictions have any type of vacancy control.

3. Rent Review Body
As discussed above, park owners are entitled to a just and reasonable return. If the standard allowable rent increase does not allow park owners to receive a just and reasonable return, they must be able to apply for an additional increase. The entity reviewing that application will review financial information to determine whether an additional rent increase is necessary for the park owner to receive a just and reasonable return.

Many jurisdictions in Sonoma County have adopted a process whereby park owners notify the residents of the proposed special rent increase, and then have a mandatory meeting with residents to provide them with information regarding the rent increase. The meeting is facilitated by the Director of the Sonoma County Community Development Commission. Residents then have a period of time to submit a petition objecting to the rent increase. If a sufficient percentage of residents sign the petition, there is an arbitration hearing before an arbitrator appointed by the Director of the Sonoma County Community Development Commission. The arbitrator will hold a hearing and issue a binding decision as to whether an additional rent increase is authorized in order for the park owner to obtain a just and reasonable return.

The proposed ordinance includes the procedures described above. However, the ordinance provides that if the City has not entered into a contract with the Sonoma County Community Development Commission, or if the Commission is unable to hold the necessary meetings/hearing in Cloverdale, the City Manager is 88 City Council/Successor Agency Agenda Item Summary
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authorized to appoint a neutral hearing officer to handle the matter. The hearing office would not be a City employee, but rather an outside individual with certain minimum qualifications.

4. Date for Determination of Base Rent.

The ordinance must also determine the date that will be used for establishing the base rent. The base rent in the amount that the park owner may charge after the ordinance takes effect, until the next annual allowable rent increase is implemented.

The proposed ordinance establishes base rent as the rent in effect on January 1, 2024. During 2024, park owners may increase the base rent for each resident by an amount of no more than the maximum allowable rent increase. If park owners previously increased a resident’s rent by an amount greater than the maximum allowed under the ordinance, the park owner must decrease the rent to the allowable maximum. However, the park owner is not required to refund the increased rent they collected during that intervening time period.

5. Long Term Leases
The proposed ordinance exempts leases of over one year from the ordinance’s regulations regarding maximum annual rent increase. Such a lease can provide residents with certainty regarding the amount of the rent increase in future years, even though that amount may be higher than the otherwise allowable maximum rent increase in a particular year. The ordinance requires park owners to notify residents regarding the ordinance whenever a lease is signed, which ensures that residents know about the ordinance’s restrictions before deciding whether or not to enter into a long term lease.

6. Enforcement
Unless the City Council directs otherwise, there are no plans for City staff to proactively enforce the ordinance. Rather, like many laws, it will be up to individuals to enforce the ordinance directly. For example, a park resident who is charged an illegal rent can bring a small claims court against the park owner, or use the illegal rent increase as a defense against any eviction proceedings. Legal aid organizations are sometimes available to assist residents in these matters. More proactive enforcement by the City would require significant resources. While the City can charge parks a fee to recover the cost of administering the mobile home rent control program, park owners are entitled to pass along 50% of such fees to park residents.
________________________________________________________________________________________ Options:

1. Introduce the ordinance and conduct the first reading by title only;

2. Provide direction to City staff regarding changes to the proposed ordinance;

3. Provide alternative direction to City staff.
________________________________________________________________________________________ Subcommittee Recommendation:

The FAP Subcommittee provided direction to staff regarding the key terms in the ordinance described above. ________________________________________________________________________________________ 89 City Council/Successor Agency Agenda Item Summary
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Budget/Financial Impact:

The City will be responsible for the cost of administering the Mobile Home Rent Control Ordinance. Unless directed otherwise by the City Council, City staff does not plan to proactively enforce the ordinance. However, there will be some minimal staff and City Attorney time with implementing the ordinance, such as notifying residents and park owners of the ordinance and preparing a short FAQ to address common questions. After the initial implementation, City staff anticipates only occasional staff time being associated with the ordinance.

When park owners seek special rent increase, the City will charge the park owner an administrative fee. That fee will be included as part of the City’s Master Fee Schedule. The amount of the fee paid by the park owner can be incorporated into any rent increase approved through the fair return hearing process. ________________________________________________________________________________________ Attachments:

1. Draft Ordinance

2. Exhibit A

3. Presentation

4. Public Correspondence
90 Ordinance to Repeal & Replace
Municipal Code Chapter 5.36:

Rent Control in Mobile Home Parks
Alex Mog, City Attorney
April 24, 2024
91 Background
 The City Council provided direction for an ordinance to enacting new mobile home rent control regulations
 An ordinance was considered by the Council on April 10  The City Council provided direction on two changes
92 Maximum Allowable Annual Rent
Increase
 3% or 70% of CPI, whichever is greater less
 If CPI is 2%, an increase of 1.4% would be allowed
 If CPI is 6%, and increase of 3% would be allowed
 Based on annual change in CPI as measured December to December of each year
 Base rent is rent in effect on January 1, 2024
93 Vacancy Control
 Park Owner can raise rent by any amount following the voluntary removal of the mobile home from a mobile
home space.
 Park Owner can raise the rent by a maximum of 10% when an in-place transfer or sale of a mobile home occurs to an existing resident or resident-to-be.
94 Recommendation
Introduce and First Reading, by title only, of an Ordinance Entitled, “An Ordinance of the Cloverdale City Council
repealing and replacing Cloverdale Municipal Code Chapter

5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks.”
95 1
From: [email protected]
Sent: Tuesday, April 16, 2024 9:38 AM
To: Todd Lands; Gus Wolter; Melanie Bagby; Brian Wheeler; Marjorie Morgenstern Cc: David Kelley; Kevin Thompson; Public Comments; Alex Mog at Redwood Subject: Re: Cloverdale Mobile Home Rent Control Ordinance Dear Mayor, Councilmembers and City Manager,
Thank you for your deliberation of this important matter at the last council meeting. It appears that all councilmembers agree that the annual allowable rent increase should be set at 3% or 70% of CPI whichever is less.

That leaves the issue of vacancy control for which divergent views were expressed. I am writing to remind you as to: 1) where each councilmember stood on this issue; 2) what the other jurisdictions in the county do; and 3) the public policy behind treating different vacancies in a dissimilar manner.

My notes indicate that Mayor Lands favored no limits on rent increases when the mobile home pad is vacated, and a 10% increase for all other changes in ownership, whether transfer among family members, sales to third parties or following an eviction.

Councilmember Bagby proposed a 10% increase when the mobile home pad is vacated, with no allowable increase following an eviction or an in-place transfer (whether among family members or to third parties).

Councilmember Morgenstern indicated there should be no allowable increase following an eviction or for transfers among family members, with a 5% increase for in-place sales to third parties. Later, she proposed a 5% increase across the board.

Councilmember Wolter stated he would go along with the proposals by Morgenstern and Bagby, and Councilmember Wheeler did not state his preference. 96 2
Other Jurisdictions – During the meeting, the City Attorney indicated that agencies who allow for a rent increase for in-place transfers set that amount at between 5% - 15%. While this is true, it is important to note that 50% of the agencies do not allow for any increase for in-place transfers. Below is a chart that shows what limits the other Sonoma Ordinances impose on rental increases for vacant mobile home spaces and in-place transfers:

Agency Vacant Space In-Place Transfer
Petaluma No limit No Increase Allowed
Santa Rosa No limit No Increase Allowed
Windsor No limit 15%
Sebastopol No limit 10% on In-Place Transfers
Rohnert Park No Increase Allowed No Increase Allowed
Sonoma County No limit 5% for In-Place Transfers (more if <$300) Cotati No limit No Increase Allowed
Sonoma No limit 5% for In-Place Transfers
Half the Sonoma municipalities do not allow for any rent increase for in-place transfers. Half the agencies that do allow for in-place transfer increases limit them to just 5%. Only Sebastopol and Windsor allow for more than a 5% increase. The average allowable increase for all these jurisdictions is 4.3%.

Public Policy – The social considerations for enacting mobile home rent control are twofold. First and foremost, it will provide rent security and stability for mobile home park residents. This is very similar to the assurance that Proposition 13 provides to owners of traditional homes.

In addition, placing rent increase limits on transfers and vacancies will ensure that Cloverdale’s most affordable housing will continue to be reasonably priced in the future. The term “vacancy controls” applies to numerous situations which should be treated differently. 97 3
When a resident dies or becomes ill, there is virtually no justification for charging more rent to the spouse or child who will continue to reside in the mobile home. Similarly, the ordinance should not incentivize evictions. Accordingly, park owners should not be permitted to raise rent more following an eviction than in other instances.

An in-place transfer occurs when a mobile home park resident sells his or her mobile home to a third party. Limiting rent increases in these instances is important as it facilitates the selling of the park residents’ mobile home.

Finally, a true vacancy also occurs when residents vacate the rental space taking their mobile home with them. In these circumstances, the only public policy that favors limiting a rent increase is the desire to keep the price on Cloverdale’s most affordable housing low.

While I consider myself to be a housing activist, I am above all else, an advocate for fairness.

To that end, I believe there must be a balance between what is best for the park owners, what is best for the current park residents and what is best for the long-term future of mobile home tenancies.

Mayor Lands stated that park owners need to recoup the money they’ve put back into an empty spot to prep it for the new trailer. He also indicated that allowing park owners to bring rents to market price when a pad is vacated would assist in keeping rents as low as possible for existing residents. I agree with Mayor Lands that there should be no limit to rent increases for vacant mobile home spaces.

On the other hand, public policy dictates that park owners should be precluded from raising rents after evictions or for transfers among family members. As previously stated, the county-wide average for in-place transfers is 4.3%. Given the economic status of Cloverdale’s residents, I believe increases for in-place transfers should be limited to 5%.

This would make Cloverdale’s mobile home rent ordinance one of the strongest in the county and would be consistent with the allowable rate for unincorporated Sonoma. Increases should not be permitted following an eviction or for transfers among family members. Thank you for your thoughtful consideration of this matter.

Daniel Frankston
98 99
100
From: Andy Carey
To: Public Comments
Cc: Michael Maloney
Subject: RE: MHP Rent Control Discussion in City of Cloverdale Date: Wednesday, April 24, 2024 2:50:37 PM
Dear Councilmembers,
A number of us in the MHP community are severely disappointed in the edits recently made, on your direction, to your proposed ordinance being considered for MHP rent control. We will be monitoring closely to see if the council worsens the language any further, and will base our actions and response thereafter.

Please stop the worsening of this already damaging draft ordinance.

Sincerely,
Andy
Andy Carey
President | Monolith Properties
[email protected] | Direct: 916.299.3078
From: Andy Carey <[email protected]>
Sent: Tuesday, April 9, 2024 2:55 PM
To: [email protected]
Cc: [email protected]
Subject: MHP Rent Control Discussion in City of Cloverdale Dear Councilmembers,
Following my previous emails regarding the City’s consideration of replacing its current rent control ordinance, this email is meant to comment on the draft ordinance being considered this week by the Council. My team operates 7 Palms MHP, the second largest mobile home park (MHP), one of the very few MHPs in the City, representing a total of 42 spaces and over 100 resident homeowners. I am a recent past President of our industry association (WMA) and have operated over 100 MHPs in my career, and today run one of the largest MHP operators in northern California.

I ask again that you please consider the negative consequences of such an ordinance, and the risk of not only harming those communities directly and indirectly, but also further scaring away investment capital in Cloverdale with harmful ordinances like rent control.

That said, if you are intent on enacting a rent control ordinance, please do not make it any more restrictive than already drafted. When inflation of a park’s operating costs are already at or above CPI, then allowing only a percentage of CPI (as in only 7/10ths of CPI as drafted) is economically damaging to housing providers. For this reason it is critical that a rent control ordinance has a “floor” to allow minimal increases even in times when CPI is lower than actual inflation rates for operating a MHP. It is equally critical that rent be reset to market when a home sells to a new homeowner. Without this important mechanism, the cost to purchase the house skyrockets and becomes unaffordable for home buyers – even at times more costly than the actual replacement cost of the home itself! In other words, please keep the provision for vacancy decontrol – it not only helps the MHP stave off bankruptcy, but helps future homeowner constituents avoid the hyper-inflating cost of purchasing a home where this provision is missing from rent control.

Lastly, please also reconsider the draft provision requiring notices in two languages – and 101
eliminate section 5.36.140 (“Translated Notices”) altogether. We, as housing providers, already adhere to state and federal fair housing laws. From experience I can tell you that we consistently work with residents who provide translation services of their own in a number of languages, not only one specific language beyond English. That cooperation will continue.

Resident homeowners who speak a number of different languages will be treated fairly and equally, and are welcome to provide their own translation services in any language they choose. But mandating housing providers who may only speak English to provide translation in another language that they do not speak is rife with challenges. We simply do not understand nor are we equipped to create, enforce or interpret legal notices in another language. We are simply not in a position to provide legal notices in a language other than English. The Mobilehome Residency Law does not require this either, so please conform with state policies and practices on this and remove 5.36.140 altogether.

The rent control ordinance currently drafted is severe and extraordinarily restrictive. While we would prefer you vote to promote housing and not restrict it, if you insist on enacting rent control, please do not make it any more severe than it is already drafted. And please remove the Translated Notice requirement.

Thank you for your time and consideration,
Andy
Andy Carey
President | Monolith Properties
102
From: Saulo Londono
To: Public Comments
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: WMA - Public Comment: Mobilehome Rent Control Ordinance Date: Wednesday, April 24, 2024 11:37:34 AM
Attachments: Outlook-ow2gva4o
Importance: High
Esteemed CouncilI write to you on behalf of Western Manufactured Housing Communities Association (WMA).

We are the association in California that works closely with mobilehome park owners and operators to resolve local issues such as this one.

We deeply regret the actions this council took at your last meeting. Changing the language from "greater of" to "lesser of" and gutting vacancy decontrol from 100% to 10% is an absolutely brutal decision for parkowners and managers in your city.

You are unfortunately being misled by activists and folks who simply don't understand the complexities of this industry. The same thing happened in Petaluma last year, and the results have been ugly and public for everyone to see. They decided to follow the lead of the activists, much in the same way as you're doing here in Cloverdale, and ignored the desperate pleas from parkowners. The City of Petaluma was warned several times that if they passed an overly-strict ordinance, parkowners would be forced to change their business model altogether, and begin going straight to arbitration for their rent increases. Activists and members of the council pushed back, accused the parkowners of dishonesty, and challenged them to prove in court that these rent increases are necessary.

If you have not followed the latest news from Petaluma, let me update you: one of the arbitrations just ended a few weeks ago and the parkowner was granted a park-wide rent increase of $118, which amounts to a 15% rent increase on every resident of the park. Obviously the arbitrator disagreed with the activist "experts" and the councilmembers who called the parkowners dishonest for simply trying to properly maintain their park. This came at great cost to the parkowner, the city, and the residents who had to hire help during this process. The second arbitration starts next week and the owner/operator predicts a similar victory. These two parkowners and others in Petaluma have made it clear that they intend to file for arbitration every year until the city relents on its draconian ordinance.

None of this had to happen in Petaluma. The parkowners were reasonable, caring, generous, and willing to compromise. Their efforts were met with an ideological pushback based on no evidence and care for basic economics. The result is one that doesn't please anyone. The city, 103
Saulo Londoño
Regional Representative – Bay Area and Northern California Western Manufactured Housing Communities Association
455 Capitol Mall, Suite 800 | Sacramento, CA 95814
714.227.4009
email | map | wma.org
parkowners, and residents of those parks in Petaluma are at each others' throats, and the situation isn't getting any better. Perhaps the activists and councilmembers believed that if they simply closed their eyes and rejected reality, the problem would take care of itself.

Nevertheless, it did not.

Housing providers can only be pushed so far. You would never think to go to your local grocery store and tell them that they can't raise prices due to inflation. Yet, you feel completely justified in telling housing providers in your city that they are not allowed to keep up with the cost of inflation. This amounts to reckless policy making, devoid of any concern for the way the economy actually works. If you remove providers' ability to keep up with inflation AND you remove full vacancy decontrol (the ability to catch up when there's finally a vacancy), the result will be the same here in Cloverdale as it has been in Petaluma.

Please take in consideration that housing providers in Cloverdale are not living in a world of ideological fantasies. These projects either pencil out or they do not. We strongly urge you, at the very minimum, to restore full vacancy decontrol (100%) so that parkowners have a safety valve. If this does not happen you can expect litigation and arbitration much in the same way that other parts of Sonoma County are seeing and will continue to see more of over the years. We hope you take these warnings seriously, as they are not threats, but simply a sober view of the current economic situation of your local housing providers. When they are pushed into a corner, there is unfortunately only one thing left to do.

I respectfully urge you to restore full vacancy decontrol into this draft of the ordinance.

Regards,
104
Vacancy Controls in Sonoma Jurisdictions
Agency Vacant Space In-Place Transfer
Petaluma No limit No Increase Allowed
Santa Rosa No limit No Increase Allowed
Windsor No limit 15%
Sebastopol No limit 10% on In-Place Transfers
Rohnert Park No Increase Allowed No Increase Allowed
Sonoma County No limit 5% for In-Place Transfers (more if <$300) Cotati No limit No Increase Allowed
Sonoma No limit 5% for In-Place Transfers
105
City Council/Successor Agency
Agenda Item Summary Agenda Item: I.2
Meeting Date: April 24, 2024
Agenda Section:

New Business
Staff Contact:

Vanessa Apodaca, City Engineer
Susie Holmes, Finance Director
Agenda Item Title:

Preliminarily Approve the Engineer’s Report for FY 2024-25 for the City of Cloverdale Landscaping and Lighting Assessment District and Set the Time and Date of the Public Hearing for Zone 1-7 ______________________________________________________________________________________ Recommended Council Action(s):

Adopt Resolutions Entitled as follows:

The Cloverdale Landscaping and Lighting Assessment District (District) was initially formed by the City in 1997 in accordance with the Landscaping and Lighting Act of 1972 to pay for costs associated with the maintenance of landscaping and the creek area within the Jefferson Springs IV Subdivision. This became Zone 1 of the District. Additional zones have been annexed into the District over time and there are currently a total of seven zones in the District. Maps of each of the Zones are included in the attached Preliminary FY 2024-25 Annual Engineer’s Report, Cloverdale Landscaping and Lighting Assessment District (Engineer’s Report).

Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (Landscaping and Lighting Act). All assessments described in the Engineer’s Report and ultimately approved by the City Council are prepared in accordance with the Landscaping and Lighting Act and are in compliance with the provisions of the California Constitution Article XIIID (Article XIIID), which was enacted with the passage of Proposition 218 in November of 1996. Affected property owners approved formation of the District in an election held in compliance with Article XIIID and the Mitigation Fee Act in 1997. The property owners also approved an escalation clause for future years that allows the assessment to increase in 106
City Council/Successor Agency Agenda Item Summary
Meeting Date: April 24, 2024

Page 2 of 4 ends

accordance with changes to the Consumer Price Index (CPI). This is tracked by the maximum annual assessment amount or maximum allowable rate. Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon mailed ballots sent to each property owner.
_______________________________________________________________________________________ Summary:

On January 24, 2024, the City Council began the required annual proceedings for Fiscal Year (FY) 2024- 25 and appointed Coastland Civil Engineering as Engineer of Work. The Engineer’s Report has been prepared and filed in accordance with the Landscaping and Lighting Act and has been presented to the City Council for their consideration. This is the second of three City Council meetings regarding annual review of this assessment district. At this time the Council typically adopts the Resolutions of Intent to levy and collect assessments. The Resolutions also include preliminary approval of the Engineer’s Report and set the date for the public hearing. At the third meeting, the Council will conduct a public hearing and may then authorize the levying and collection of assessments for FY 2024-25. At that time, the assessments cannot be increased above those stated in the Resolutions of Intent and the preliminary Engineer’s Report.

There are no annexations to the District for FY 2024-25. For FY 2024-25, assessments are proposed to increase for three of the seven zones in the District, Zone 1 (Jefferson Springs), Zone 3 (The Cottages), and Zone 4 (The Vineyards). The assessments for Zone 2 (Vintage Meadows), Zone 5 (Ioli Ranch), Zone 6 (Brookside Terrace) and Zone 7 (Sunrise Hills) are proposed to decrease.

The proposed budgets for each zone are described in detail in the preliminary Engineer’s Report.

Funding sources include assessment revenues, annual reserves, miscellaneous revenue allocations, and in Zone 2, a General Fund contribution. The Zone 2 General Fund contribution provides funding for the general benefit portion of the operation and maintenance of Vintage Meadow Park, determined to be $7,516.91 for FY 2024-25 (see Part D of the Preliminary Engineer’s Report for an analysis of special verses general benefits). Zone 2 will require ongoing General Fund contributions in future years.

The maximum allowed assessments in each Zone are proposed to be increased by the 2023 CPI adjustment of 2.6% to account for inflation. The proposed assessments for Zones 1 and 4 are at (or nearly at) the maximum allowable amount without balloting of the property owners, as discussed above. The proposed assessments for all other zones are below the maximum allowable amount.

In 2011, the City established a policy to maintain a minimum reserve balance of 25% of annual operating expenses in each of the zones to better manage existing and pending expenses. The reserves for Zones 2, 3, 5 and 7 are projected to end FY 2024-25 at 25%, meeting the target percentage. The reserve balances for Zones 1, 4 and 6 are projected to end FY 2024-25 below the target minimum.

The date of the required public hearing is proposed to be June 12, 2024. 107
City Council/Successor Agency Agenda Item Summary
Meeting Date: April 24, 2024

Page 3 of 4 ends

In order to avoid potential conflicts of interest, the actions have been broken into four (4) separate resolutions as follows: Zone 1 only (Jefferson Springs), Zone 2 only (Vintage Meadows); Zone 3 only (The Cottages) and Zones 4, 5, 6 and 7 together (The Vineyards at Cloverdale, Ioli Ranch, Brookside Terrace and Sunrise Hills). Due to the need for a quorum to vote on each resolution, no more than two Councilmembers can be absent for the vote on each resolution. To the extent that three or more potential conflicts exist in a zone, the City will go through a random selection process to choose enough Councilmember(s) to create a quorum.

The attached Engineer’s Report includes all descriptions, budgets and assessment diagrams for FY 2024-25. It does not include the assessment roll. The complete Engineer’s Report, with the assessment roll, is on file with the City Clerk.
_______________________________________________________________________________________ Options:

1. Adopt resolutions of intent to levy and collect annual assessments, preliminarily approving the Engineer’s Report as filed, and set the time and date of the Public Hearing for the FY 2024-25 Cloverdale Landscaping and Lighting Assessment District work.

2. Adopt resolutions of intent to levy and collect annual assessments, preliminarily approving the Engineer’s Report as modified by Council, and set the time and date of the Public Hearing for the FY 2024-25 Cloverdale Landscaping and Lighting Assessment District work.

3. Terminate the proceedings and do not levy or collect annual assessments for the maintenance of the seven zones.
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

Over 97% of the costs associated with these annual proceedings and the annual operation, maintenance and administration that confer special benefits to the parcels within the Landscaping and Lighting Assessment District are to be recovered from the annual assessments levied on the properties within the District.
108
City Council/Successor Agency Agenda Item Summary
Meeting Date: April 24, 2024

Page 4 of 4 ends

The total proposed Assessment District budget for FY 2024-25 is $290,721.70, which is a 9.4% increase from the FY 2023-24 overall budget of $265,659.25. The funding sources are $183,039.79 from proposed assessment revenues levied and collected during FY 2024-25, $78,022.00 from available annual zone reserves, $22,143.00 from zone miscellaneous reserve allocation funds, and $7,516.91 from the General Fund. Available zone reserves and/or miscellaneous revenue allocation will be used in all zones as needed and as available to supplement the assessment revenue. General Fund monies will be used to pay for general benefits related to the Vintage Meadows Park in Zone 2. The assessments for Zones 1, 3, and 4 are proposed to increase to $258.56, $436.02, and $455.28 per Equivalent SingleFamily Dwelling (ESD), respectively. The assessments for Zones 2, 5, 6 and 7 are proposed to decrease to $252.02, $95.70, $749.24 and $63.46 per ESD, respectively.

The maximum assessment in each Zone is proposed to be increased by the 2023 CPI adjustment of 2.6% to account for inflation.
________________________________________________________________________________________ Attachments:

1. Budget Review FY 2024-25 Spreadsheet

2. Resolution - Zone 1

3. Resolution - Zone 2

4. Resolution - Zone 3

5. Resolution - Zone 4+

6. FY 2024-25 Annual Engineer’s Report, Preliminary (without assessment roll) 109
Zone Number and Name
Current Year's
Budget
% Change in
Budget
(From last year)
ESD's Last Year's
Assessment
Proposed
FY 2024-25
Assessment
Reserves Used
(includes Misc.

Rev. Alloc)
General Fund
Contribution
Used
Change in
Assessment
Beginning
Reserve
Projected
Ending Reserve
Ending Reserve
as a Percent of
FY 2024-25
Budget
Zone 1 Jefferson Springs $ 27,828.80 13.7% 67.5 $ 252.00 $ 258.56 $ 10,376.00 $ - $ 6.56 $ 8,027.80 $ 670.80 2% Zone 2 Vintage Meadows $ 87,415.03 -0.6% 206.0 $ 252.22 $ 252.02 $ 27,982.00 $ 7,516.91 $ (0.20) $ 43,871.51 $ 21,826.51 25% Zone 3 The Cottages $ 121,146.78 21.9% 189.0 $ 311.16 $ 436.02 $ 38,739.00 $ - $ 124.86 $ 59,886.52 $ 30,249.52 25% Zone 4 The Vineyards $ 17,922.12 24.5% 29.0 $ 307.56 $ 455.28 $ 4,719.00 $ - $ 147.72 $ 5,668.63 $ 2,503.63 14% Zone 5 Ioli Ranch $ 5,366.90 15.1% 37.0 $ 114.54 $ 95.70 $ 1,826.00 $ - $ (18.84) $ 2,778.81 $ 1,340.81 25% Zone 6 Brookside Terrace $ 11,066.36 1.2% 14.0 $ 751.48 $ 749.24 $ 577.00 $ - $ (2.24) $ - $ - 0% Zone 7 Sunrise Hills $ 19,975.71 -16.3% 63.5 $ 240.36 $ 63.46 $ 15,946.00 $ - $ (176.90) $ 19,367.54 $ 4,987.54 25% Total $ 290,721.70 $100,165.00 $7,516.91
Decrease in assessment anticipated
Increase in assessment anticipated
City of Cloverdale
Landscaping and Lighting Assessment District
Budget Review FY 2024-25
F:\Projects\Cloverdale\LLAD\2024cllad 03-5180\2024-Cloverdale-LLAD 4/5/2024 110

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

A RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024-25 FOR THE CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONE 1
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, on September 9, 1997, the City Council ordered the formation of the Cloverdale Landscaping and Lighting Assessment District (Assessment District) to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council intends to levy and collect assessments within the Assessment District during FY 2024-25; and
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, an annual Engineer’s Report is required to be prepared and filed outlining estimated costs, methods of spreading costs, a description of properties in the Assessment District and their proposed assessments in order to levy and collect assessments in any following fiscal year; and
WHEREAS, on January 24, 2024, the City Council adopted a resolution appointing Coastland Civil Engineering as the Engineer of Work, directing the preparation and filing of the annual FY 2024-25 Engineer’s Report, and describing the potential changes to the Assessment District; and WHEREAS, the annual operation, maintenance and other incidental costs associated with the entire Assessment District include improvements in the following Zones 1, 2, 3, 4, 5, 6 and 7:

1. The portion of Cloverdale Creek and the pathway adjacent to the Jefferson Springs Subdivision, Phases 3 and 4.

2. The park and street landscaping adjacent to portions of Foothill Boulevard and S. Franklin Street and other related landscaping improvements within the Vintage Meadows Subdivision, Phases 1, 2 and 3.

3. The Cottages Subdivision Phases 1, 2, 3 and 4 including street landscaping along a portion of Foothill Boulevard, the landscaping areas, pathways and vegetation associated with the linear park adjacent to Muscat Creek, maintenance of the preserved wetlands area (at the corner of Elbridge Avenue and Ranch House Drive) and maintenance and weed abatement areas along a portion of the hillside area directly adjacent to Ranch House Drive, at the westerly end of Elbridge Avenue, along Hot Springs Road near the end of Laurel Court and along Hot Springs Road near the end of Pepperwood Drive.

4. The Vineyards at Cloverdale including street landscaping along a portion of Foothill Boulevard and Mount Diablo Way and maintenance of a detention basin. 111

5. The Ioli Ranch including street landscaping along Cloverdale Boulevard.

6. The Brookside Terrace including street landscaping along Cloverdale Boulevard and Brookside Drive and the park on Brookside Drive.

7. Sunrise Hills, Phases I and II including street landscaping along Foothill Boulevard, landscaping and maintenance at the corner of Moonlight Circle and Sunrise Drive, and maintenance of an open space and wetlands area; and
WHEREAS, Coastland Civil Engineering has prepared and filed with the City the annual Engineer’s Report for FY 2024-25 as required by the Landscaping and Lighting Act of 1972; and WHEREAS, all interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the seven Zones of the Assessment District and the proposed FY 2024-25 assessments upon assessable lots and parcels of land within the Assessment District; and
WHEREAS, for Zone 1, for FY 2024-25 the maximum annual assessment will be adjusted up by the allowable year 2023 Consumer Price Index (CPI) adjustment of +2.6%; and WHEREAS, for Zone 1, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to increase by $6.56 per Equivalent Single-Family Dwelling (ESD) from FY 2023-24; and WHEREAS, for Zone 1, reserves and miscellaneous revenue allocation will be used to supplement the assessment revenue thereby minimizing the annual assessment of FY 2024-25; WHEREAS, for FY 2024-25, the actual annual assessments proposed to be levied and collected is $258.56 per ESD for all properties within Zone 1;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale hereby intends to levy and collect assessments during FY 2024-25 and preliminarily approves the filed FY 2024-25 Engineer’s Report with the estimate of the costs and expenses to operate and maintain the said improvements and their incidental expenses as it pertains to Zone 1 of the Assessment District for FY 2024-25; and BE IT FURTHER RESOLVED that in order to take inflation into account, the City Council approves the allowance for an annual increase to the maximum assessments in accordance with the annual CPI, based on the All Urban Consumers (San Francisco Area) CPI from the U. S. Department of Labor, Bureau of Labor Statistics; and
BE IT FURTHER RESOLVED that a public protest hearing will be held on June 12, 2024, at 6:00 p.m. at the Cloverdale Performing Arts Center, 209 N. Cloverdale Boulevard, Cloverdale. At the public protest hearing, the City Council will conduct a public hearing on the question of the levy and collection of annual assessments for FY 2024-25; and
BE IT FURTHER RESOLVED, this Resolution is adopted pursuant to Sections 22620 et. al. of the California Streets and Highway Code; and
112
BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to give the Notice of Hearing required by the Landscaping and Lighting Act of 1972 for said public protest hearing.

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 this 24th day of April, 2024, by the following Roll Call vote:

AYES in favor of:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
___________________________ ________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
113

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

A RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024-25 FOR THE CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONE 2
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, on September 9, 1997, the City Council ordered the formation of the Cloverdale Landscaping and Lighting Assessment District (Assessment District) to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council intends to levy and collect assessments within the Assessment District during FY 2024-25; and
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, an annual Engineer’s Report is required to be prepared and filed outlining estimated costs, methods of spreading costs, a description of properties in the Assessment District and their proposed assessments in order to levy and collect assessments in any following fiscal year; and
WHEREAS, on January 24, 2024, the City Council adopted a resolution appointing Coastland Civil Engineering as the Engineer of Work, directing the preparation and filing of the annual FY 2024-25 Engineer’s Report, and describing the potential changes to the Assessment District; and WHEREAS, the annual operation, maintenance and other incidental costs associated with the entire Assessment District include improvements in the following Zones 1, 2, 3, 4, 5, 6 and 7:

1. The portion of Cloverdale Creek and the pathway adjacent to the Jefferson Springs Subdivision, Phases 3 and 4.

4. The Vineyards at Cloverdale including street landscaping along a portion of Foothill Boulevard and Mount Diablo Way and maintenance of a detention basin. 114

5. The Ioli Ranch including street landscaping along Cloverdale Boulevard.

6. The Brookside Terrace including street landscaping along Cloverdale Boulevard and Brookside Drive and the park on Brookside Drive.

7. Sunrise Hills, Phases I and II including street landscaping along Foothill Boulevard, landscaping and maintenance at the corner of Moonlight Circle and Sunrise Drive, and maintenance of an open space and wetlands area; and
WHEREAS, Coastland Civil Engineering has prepared and filed with the City the annual Engineer’s Report for FY 2024-25 as required by the Landscaping and Lighting Act of 1972; and WHEREAS, all interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the seven Zones of the Assessment District and the proposed FY 2024-25 assessments upon assessable lots and parcels of land within the Assessment District; and
WHEREAS, for Zone 2, for FY 2024-25 the maximum annual assessment will be adjusted up by the allowable year 2023 Consumer Price Index (CPI) adjustment of +2.6%; and WHEREAS, for Zone 2, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to decrease by $0.20 per Equivalent Single-Family Dwelling (ESD) from FY 2023-24; and WHEREAS, for Zone 2, reserves, a General Fund contribution and miscellaneous revenue allocation will be used to supplement the assessment revenue thereby minimizing the annual assessment of FY 2024-25; WHEREAS, for FY 2024-25, the actual annual assessments proposed to be levied and collected is $252.02 per ESD unit for all properties within Zone 2;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale hereby intends to levy and collect assessments during FY 2024-25 and preliminarily approves the filed FY 2024-25 Engineer’s Report with the estimate of the costs and expenses to operate and maintain the said improvements and their incidental expenses as it pertains to Zone 2 of the Assessment District for FY 2024-25; and BE IT FURTHER RESOLVED that in order to take inflation into account, the City Council approves the allowance for an annual increase to the maximum assessments in accordance with the annual CPI, based on the All Urban Consumers (San Francisco Area) CPI from the U. S. Department of Labor, Bureau of Labor Statistics; and
BE IT FURTHER RESOLVED that a public protest hearing will be held on June 12, 2024, at 6:00 p.m. at the Cloverdale Performing Arts Center, 209 N. Cloverdale Boulevard, Cloverdale. At the public protest hearing, the City Council will conduct a public hearing on the question of the levy and collection of annual assessments for FY 2024-25; and
BE IT FURTHER RESOLVED, this Resolution is adopted pursuant to Sections 22620 et. al. of the California Streets and Highway Code; and
115
BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to give the Notice of Hearing required by the Landscaping and Lighting Act of 1972 for said public protest hearing.

AYES in favor of:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
___________________________ ________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
116

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

A RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024-25 FOR THE CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONE 3
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, on September 9, 1997, the City Council ordered the formation of the Cloverdale Landscaping and Lighting Assessment District (Assessment District) to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council intends to levy and collect assessments within the Assessment District during FY 2024-25; and
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, an annual Engineer’s Report is required to be prepared and filed outlining estimated costs, methods of spreading costs, a description of properties in the Assessment District and their proposed assessments in order to levy and collect assessments in any following fiscal year; and
WHEREAS, on January 24, 2024, the City Council adopted a resolution appointing Coastland Civil Engineering as the Engineer of Work, directing the preparation and filing of the annual FY 2024-25 Engineer’s Report, and describing the potential changes to the Assessment District; and WHEREAS, the annual operation, maintenance and other incidental costs associated with the entire Assessment District include improvements in the following Zones 1, 2, 3, 4, 5, 6 and 7:

1. The portion of Cloverdale Creek and the pathway adjacent to the Jefferson Springs Subdivision, Phases 3 and 4.

4. The Vineyards at Cloverdale including street landscaping along a portion of Foothill Boulevard and Mount Diablo Way and maintenance of a detention basin. 117

5. The Ioli Ranch including street landscaping along Cloverdale Boulevard.

6. The Brookside Terrace including street landscaping along Cloverdale Boulevard and Brookside Drive and the park on Brookside Drive.

7. Sunrise Hills, Phases I and II including street landscaping along Foothill Boulevard, landscaping and maintenance at the corner of Moonlight Circle and Sunrise Drive, and maintenance of an open space and wetlands area; and
WHEREAS, Coastland Civil Engineering has prepared and filed with the City the annual Engineer’s Report for FY 2024-25 as required by the Landscaping and Lighting Act of 1972; and WHEREAS, all interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the seven Zones of the Assessment District and the proposed FY 2024-25 assessments upon assessable lots and parcels of land within the Assessment District; and
WHEREAS, for Zone 3, for FY 2024-25 the maximum annual assessment will be adjusted up by the allowable year 2023 Consumer Price Index (CPI) adjustment of +2.6%; and WHEREAS, for Zone 3, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to increase by $124.86 per Equivalent Single-Family Dwelling (ESD) from FY 2023-24; and WHEREAS, for Zone 3, reserves and miscellaneous revenue allocation will be used to supplement the assessment revenue thereby minimizing the annual assessment of FY 2024-25; WHEREAS, for FY 2024-25, the actual annual assessments proposed to be levied and collected is $436.02 per ESD unit for all properties within Zone 3;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale hereby intends to levy and collect assessments during FY 2024-25 and preliminarily approves the filed FY 2024-25 Engineer’s Report with the estimate of the costs and expenses to operate and maintain the said improvements and their incidental expenses as it pertains to Zone 3 of the Assessment District for FY 2024-25; and BE IT FURTHER RESOLVED that in order to take inflation into account, the City Council approves the allowance for an annual increase to the maximum assessments in accordance with the annual CPI, based on the All Urban Consumers (San Francisco Area) CPI from the U. S. Department of Labor, Bureau of Labor Statistics; and
BE IT FURTHER RESOLVED that a public protest hearing will be held on June 12, 2024, at 6:00 p.m. at the Cloverdale Performing Arts Center, 209 N. Cloverdale Boulevard, Cloverdale. At the public protest hearing, the City Council will conduct a public hearing on the question of the levy and collection of annual assessments for FY 2024-25; and
BE IT FURTHER RESOLVED, this Resolution is adopted pursuant to Sections 22620 et. al. of the California Streets and Highway Code; and
118
BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to give the Notice of Hearing required by the Landscaping and Lighting Act of 1972 for said public protest hearing.

AYES in favor of:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
___________________________ ________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
119

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

A RESOLUTION OF INTENT TO LEVY AND COLLECT ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ENGINEER’S REPORT FOR FY 2024-25 FOR THE CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT AND SETTING THE TIME AND DATE OF THE PUBLIC HEARING FOR ZONES 4, 5, 6 AND 7
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, on September 9, 1997, the City Council ordered the formation of the Cloverdale Landscaping and Lighting Assessment District (Assessment District) to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council intends to levy and collect assessments within the Assessment District during FY 2024-25; and
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, an annual Engineer’s Report is required to be prepared and filed outlining estimated costs, methods of spreading costs, a description of properties in the Assessment District and their proposed assessments in order to levy and collect assessments in any following fiscal year; and
WHEREAS, on January 24, 2024, the City Council adopted a resolution appointing Coastland Civil Engineering as the Engineer of Work, directing the preparation and filing of the annual FY 2024-25 Engineer’s Report, and describing the potential changes to the Assessment District; and WHEREAS, the annual operation, maintenance and other incidental costs associated with the entire Assessment District include improvements in the following Zones 1, 2, 3, 4, 5, 6 and 7:

1. The portion of Cloverdale Creek and the pathway adjacent to the Jefferson Springs Subdivision, Phases 3 and 4.

4. The Vineyards at Cloverdale including street landscaping along a portion of Foothill Boulevard and Mount Diablo Way and maintenance of a detention basin. 120

5. The Ioli Ranch including street landscaping along Cloverdale Boulevard.

6. The Brookside Terrace including street landscaping along Cloverdale Boulevard and Brookside Drive and the park on Brookside Drive.

7. Sunrise Hills, Phases I and II including street landscaping along Foothill Boulevard, landscaping and maintenance at the corner of Moonlight Circle and Sunrise Drive, and maintenance of an open space and wetlands area; and
WHEREAS, Coastland Civil Engineering has prepared and filed with the City the annual Engineer’s Report for FY 2024-25 as required by the Landscaping and Lighting Act of 1972; and WHEREAS, all interested persons are referred to the Engineer’s Report for a full and detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the seven Zones of the Assessment District and the proposed FY 2024-25 assessments upon assessable lots and parcels of land within the Assessment District; and
WHEREAS, for Zones 4, 5, 6 and 7, the FY 2024-25 the maximum annual assessment will be adjusted up by the allowable year 2023 Consumer Price Index (CPI) adjustment of +2.6%; and WHEREAS, for Zone 4, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to increase by $147.72 per Equivalent Single-Family Dwelling (ESD) from FY 2023-24; and WHEREAS, for Zone 5, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to decrease by $18.84 per ESD from FY 2023-24; and
WHEREAS, for Zone 6, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to decrease by $2.24 per ESD from FY 2023-24; and
WHEREAS, for Zone 7, the actual proposed FY 2024-25 annual assessment to levy and collect is proposed to decrease by $176.90 per ESD from FY 2023-24; and
WHEREAS, for Zones 4, 5, 6 and 7, reserves and/or miscellaneous revenue allocation will be used to supplement the assessment revenue thereby minimizing the annual assessment of FY 2024-25; and WHEREAS, for FY 2024-25, the actual annual assessments proposed to be levied and collected is $455.28 per ESD for all properties within Zone 4; $95.70 per ESD for all properties within Zone 5; $749.24 per ESD for all properties within Zone 6; and $63.46 per ESD for all properties within Zone 7; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale hereby intends to levy and collect assessments during FY 2024-25 and preliminarily approves the filed FY 2024-25 Engineer’s Report with the estimate of the costs and expenses to operate and maintain the said improvements and their incidental expenses as it pertains to Zones 4, 5, 6 and 7 of the Assessment District for FY 2024-25; and BE IT FURTHER RESOLVED that in order to take inflation into account, the City Council approves the allowance for an annual increase to the maximum assessments in accordance with the annual CPI, based on the All Urban Consumers (San Francisco Area) CPI from the U. S. Department of Labor, Bureau of Labor Statistics; and
121
BE IT FURTHER RESOLVED that a public protest hearing will be held on June 12, 2024, at 6:00 p.m. at the Cloverdale Performing Arts Center, 209 N. Cloverdale Boulevard, Cloverdale. At the public protest hearing, the City Council will conduct a public hearing on the question of the levy and collection of annual assessments for FY 2024-25; and
BE IT FURTHER RESOLVED, this Resolution is adopted pursuant to Sections 22620 et. al. of the California Streets and Highway Code; and
BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to give the Notice of Hearing required by the Landscaping and Lighting Act of 1972 for said public protest hearing.

AYES in favor of:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
___________________________ ________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
122
FY 2024-25

ANNUAL ENGINEER'S REPORT

CLOVERDALE LANDSCAPING AND LIGHTING

ASSESSMENT DISTRICT

CITY OF CLOVERDALE

COUNTY OF SONOMA

STATE OF CALIFORNIA
Preliminary
April 2024
Prepared By:

Coastland Civil Engineering, Inc.
123
FY 2024-25

CLOVERDALE LANDSCAPING AND LIGHTING

ASSESSMENT DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits, as directed by the City Council on January 24, 2024, the enclosed Engineer’s Report on the 24th day of April, 2024.

COASTLAND CIVIL ENGINEERING, INC.

By: ___
Paul W. Wade, RCE 51909, Exp. 6/30/24
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with the City on the ____ day of _________, 2024.

Mike Maloney, City Clerk, City of Cloverdale
Sonoma County, California
By:

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Cloverdale, California, on the day of __________, 2024.

Mike Maloney, City Clerk, City of Cloverdale
Sonoma County, California
By:

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with the County Auditor of the County of Sonoma on the day of , 2024.

Mike Maloney, City Clerk, City of Cloverdale
Sonoma County, California
By:
124
3 FY 2024-25 ANNUAL ENGINEER'S REPORT

CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972)
Coastland Civil Engineering, Engineer of Work for the Cloverdale Landscaping and Lighting Assessment District, City of Cloverdale, Sonoma County, California, has prepared this annual Engineer’s Report, as directed on January 24, 2024, by the City Council of the City of Cloverdale, pursuant to Section 22620 of the Streets and Highways Code (Landscaping and Lighting Act of 1972) for the Cloverdale Landscaping and Lighting Assessment District for Fiscal Year 2024-25.

Background
The Cloverdale Landscaping and Lighting Assessment District (Assessment District) was initially formed in September 1997 by the City Council to fund the costs associated with the operation and maintenance of creek landscaping within the Jefferson Springs Subdivision, Phases 3 and 4.

The Assessment District boundary for this original area is known as Zone 1. Once an Assessment District is created, it is possible to annex new Zones or annex new areas into existing Zones as new subdivisions and parks are developed in the City. During the annual proceedings for FY 2000- 01 and FY 2001-02, respectively, Zone 2 and Zone 3 were annexed into the Assessment District.

During the annual proceedings for FY 2004-05, Zones 4, 5 and 6 were annexed into the Assessment District. In the annual proceedings for FY 2005-06 and FY 2006-07, Zone 7, Sunrise Hills Phases 1 and 2 were annexed into the Assessment District, respectively. For FY 2024-25 there will be no new zones or annexations.

Pursuant to the provisions of the Landscaping and Lighting Act of 1972, an annual Engineer’s Report must be prepared and filed with the City in order to levy and collect assessments on any following fiscal year. On January 24, 2024, the City Council adopted a resolution appointing Coastland Civil Engineering as the Engineer of Work and directed the preparation and filing of this FY 2024-25 Engineer’s Report. Once the preliminary Engineer’s Report has been filed, the City Council can then adopt a Resolution of Intent to levy and collect annual assessments for FY 2024-25, preliminarily approve the filed annual Engineer’s Report and set the time and date of the public protest hearing. The Engineer’s Report outlines the proposed budgets, assessments, improvements, and changes to the Assessment District. These budgets are updated with each subsequent annual Engineer’s Report as required by the 1972 Act.

In FY 2011-12, the City established a policy goal of maintaining a minimum reserve balance of 25% of operating expenses in each of the zones in order to better manage existing and pending expenses.

Since FY 2012-13, the employee time portion of personnel costs have been based on continued tracking of actual time spent for each zone and averaging it for each zone over a 3-year period. 125
4 Proposition 218 and Special Benefits
In 1996, California voters approved Proposition 218 which amended the California Constitution by adding Article XIII C and Article XIII D. Those Articles affect the ability of local government to levy and collect taxes, assessments, and property-related fees and charges. With respect to assessment districts, Article XIII D stipulates that a parcel’s assessment not exceed the reasonable cost of the proportional special benefit conferred upon that parcel. “Special benefit” is defined as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large”.

The effects of Proposition 218 with respect to Landscaping and Lighting Assessment Districts are that special benefits conferred upon assessed parcels through the improvements and services funded by the District must be identified, any general benefit conferred upon the public at large by those same improvements and services must also be identified, and the annual costs of said improvements and services must be apportioned between the two. The cost of services attributable to a general benefit may not be assessed.

In the case of the Cloverdale Landscaping and Lighting Assessment District, “improvements and services” primarily refers to landscaping in identified areas within each zone and the maintenance thereof, but also includes the operation and maintenance of a public neighborhood park (Vintage Meadows Park).

In general, the special benefits to each parcel provided by maintained landscaping within each zone include:
• Enhanced desirability of properties through association with the improvements, • Improved aesthetic appeal of the neighborhood, and
• Improved air quality from additional vegetation.

Each parcel within a zone receives a particular and distinct special benefit from the maintenance of the landscaping within that zone even though the landscaping may not be adjacent to each parcel. Although members of the public may walk or drive through a zone and appreciate the aesthetic appeal of the maintained landscaping, this does not necessarily confer a general benefit to the public at large and, in any case, is determined to be negligible relative to the special benefits conferred upon the parcels within a particular zone.

Part D of this report, Method of Apportionment of Assessment, includes further discussion of the special and general benefits conferred by the specific improvements and services within each zone.

Fiscal Year 2024-25
For FY 2024-25, the total assessment district budget has increased approximately 9.4% from FY 2023-24. Zones 1, 3, 4, 5 and 6 are proposed to have budget increases of 13.7%, 21.9%, 24.5%, 126
5 15.1% and 1.2%, respectively. Zones 2 and 7 are proposed to have budget decreases of 0.6%, and

16.3%, respectively.

Zones 1, 2, 3, 4, 5 and 7 are projected to have beginning reserve balances at or above the targeted 25% of operating expenses. Consequently, excess reserves can be utilized in those zones to reduce assessments.

Annual assessments for Zones 2, 5, 6 and 7 are proposed to decrease from the FY 2023-24 amounts. Annual assessments for Zones 1, 3 and 4 are proposed to increase from FY 2023-24, but do not exceed the maximum assessment allowed.

The projected ending FY 2024-25 reserve balances for Zones 2, 3, 5 and 7 are projected to be at the reserve target of 25% of operating expenses. The projected ending reserve balance for Zones 1, 4 and 6 are projected to be at 2%, 14% and 0%, respectively.

The total proposed Assessment District budget for FY 2024-25 is $290,721.70. The total budget for FY 2023-24 was $265,659.25. The funding sources are from proposed annual assessment revenue to be levied and collected during FY 2024-25, available Zone reserves, miscellaneous revenue allocations and General Fund contributions.

To take annual inflation into account, the original 1997 formation proceedings, and all subsequent annexations of new zones into this Assessment District included a maximum annual assessment and an allowance for an annual increase to the maximum annual assessment in accordance with the annual Consumer Price Index (CPI). The annual CPI is based on the All Urban Consumers (San Francisco Area) CPI from the U. S. Department of Labor, Bureau of Labor Statistics. An annual CPI adjustment to the annual assessment is not mandatory. The CPI adjustment for 2023 was +2.6%. If the annual Engineer’s Report recommends any assessment increases up to the sum of the previous year’s maximum assessment plus the allowable annual CPI increase, notices are not required to be sent nor shall a vote be required. If, however, the annual Engineer’s Report recommends any assessment that exceeds the sum of the previous year’s maximum assessment plus the allowable annual CPI increase, noticing and/or voting shall be required in accordance with the provisions applicable to the Landscaping and Lighting Act of 1972 and California Constitution, Article XIII D (also referred to as Proposition 218).

Table 1, below, summarizes the proposed FY 2024-25 assessments to levy and collect and the new maximum annual assessments allowed to be assessed.
127
6 Table 1. Maximum Annual Assessments and
Proposed Assessment to Levy by Zone
Zone Name
Previous
Maximum
Annual
Assessment
CPI
Increase
Current
Maximum
Annual
Assessment
Proposed
Assessment
to Levy Per
ESD
Zone 1 Jefferson Springs, Phases 3 & 4 $252.01 $6.55 $258.56 $258.56 Zone 2 Vintage Meadows $502.66 $13.07 $515.73 $252.02
Zone 3 The Cottages, Phases 1 - 4 $860.71 $22.38 $883.09 $436.02 Zone 4 The Vineyards $444.69 $11.56 $456.25 $455.28
Zone 5 Ioli Ranch $172.02 $4.47 $176.49 $95.70
Zone 6 Brookside Terrace $751.48 $19.54 $771.02 $749.24 Zone 7 Sunrise Hills, Phases I & II $540.50 $14.10 $554.60 $63.46 The original landscaping and lighting improvements within all seven zones of the Assessment District are completed and have been accepted by the City. The proposed changes, budgets and assessments for FY 2024-25 are included in the description of each zone below. See Part D, ‘Method of Apportionment of Assessment’ of this report for a detailed description of the apportionment methodology for each zone.

Zone 1 - Jefferson Springs, Phases 3 & 4
Zone 1 was formed with the initial formation of the Cloverdale Landscaping and Lighting Assessment in FY 1997-98 and consists of the Jefferson Springs Subdivision, Phases 3 and 4. No new annexations are proposed in Zone 1 for FY 2024-25. Zone 1 is built out and no significant land use changes have occurred during the previous year. For FY 2024-25, the total number of Equivalent Single-Family Dwelling (ESD) is expected to stay the same at 67.5 units.

Zone 1 includes the operation and maintenance of the landscaping and pathway adjacent to the creek, along with related overhead. See the Assessment Diagram (Map) in Part F of this report for the location of the landscape maintenance areas.

The total proposed Zone 1 budget for FY 2024-25 is $27,828.80. This is an increase of approximately 13.7% from the FY 2023-24 budget mostly due to increased employee costs and new contract services. The proposed funding will be from FY 2024-25 assessment revenue, Zone 128
7 1 reserves and a miscellaneous revenue allocation. See Table 2 in Part B for estimated dollar amounts.

For FY 2024-25, the proposed annual assessment to levy and collect for Zone 1 is proposed to increase to $258.56 per Equivalent Single-Family Dwelling (ESD). The ending fiscal year reserves will be 2%, which is below the target minimum level of 25%. In order to keep up with inflation, the maximum annual assessment is proposed to be adjusted up by the 2023 CPI of +2.6%. (See Table 1). Per both California Constitution, Article XIII D requirements and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed to reach this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 1.

Zone 2 - Vintage Meadows
During the annual proceedings for FY 2000-01, a new Zone 2 was annexed into the Assessment District. At that time, Zone 2 consisted of only Vintage Meadows Subdivision, Phase 1.

Annexation was pursuant to Vintage Meadows Subdivision, Phase 1 conditions of approval.

During FY 2002-03 Vintage Meadows, Phases 2 and 3, were annexed into Zone 2 during the annual proceedings pursuant to their conditions of approval. No new annexations are proposed for FY 2024-25. Zone 2 is built out and no significant land use changes have occurred within the last fiscal year. For FY 2024-25, the total number of ESD units is expected to remain at 206.0.

Zone 2 includes the operation and maintenance of Vintage Meadows Park, the back-on landscaping along portions of Foothill Boulevard and S. Franklin Street within the subdivision, the traffic island within Healdsburg Avenue and the area at the intersection of Foothill Boulevard and Port Circle, south of Zinfandel Court, along with related overhead. All District maintained improvements were completed, accepted by the City and maintained during the 2005-06 fiscal year with the exception of the Vintage Meadows neighborhood park. The park improvements were completed and accepted by Council in the Fall of 2007. Restrooms were added to the park in 2011.

The total proposed Zone 2 budget for FY 2024-25 is $87,415.03. This is a decrease of approximately 0.6% from FY 2023-24.

Prior to FY 2021-22, the costs of the operation and maintenance of the park restrooms were paid by the City from the General Fund. Those costs have since been included in the Zone 2 budget and the Zone 2 budget in Part B of this report reflects a General Fund contribution in excess of the total cost of the operation and maintenance of the park restrooms.

Proposed funding will be from FY 2024-25 assessment revenue, Zone 2 reserves, a miscellaneous revenue allocation, and a General Fund contribution. See Table 2 in Part B for estimated dollar amounts.

For FY 2024-25, the proposed annual assessment to levy and collect for Zone 2 is proposed to 129
8 decrease to $252.02 per ESD. The ending reserve is projected to meet the targeted 25% of the annual budget. In order to keep up with inflation, the maximum annual assessment for Zone 2 is proposed to be adjusted up by the 2023 CPI of +2.6% (See Table 1). Per both California Constitution, Article XIII D requirements and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed to reach this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 2.

Zone 3 – The Cottages, Phases 1, 2, 3 & 4
During the annual proceedings of FY 2001-02, a new Zone 3, consisting of Phases 1, 2 and 3 of The Cottages development in the southern part of the City, was annexed into the Assessment District. In FY 2004-05, Phase 4 of The Cottages subdivision was annexed into Zone 3. No new annexations are proposed for FY 2024-25. Zone 3 is built out and no significant land use changes have occurred during the past fiscal year. For FY 2024-25, the total number of ESD units is expected to remain at 189.0.

Zone 3 includes maintenance of the linear park along Muscat Creek, “back-on” landscape maintenance along a portion of Foothill Boulevard within Zone 3, maintenance of the preserved wetlands area at the corner of Ranch House Drive and Elbridge Drive, weed abatement of the area just west of Ranch House Drive and Elbridge Avenue and other improvements within Zone 3 along with related overhead. See the Assessment Diagram (Map) in Part F of this report for a location of the landscape maintenance areas.

The total proposed Zone 3 budget for FY 2024-25 is $121,146.78. This is an increase of approximately 21.9% from the FY 2023-24 budget. Proposed funding will be from FY 2024-25 assessment revenue, available Zone 3 reserves and a miscellaneous revenue allocation. See Table 2 in Part B for estimated dollar amounts.

The assessment for FY 2024-25 is proposed to increase to $436.02 per ESD. This is less than the maximum allowable assessment for Zone 3. The ending reserve is projected to be 25% of the annual operating budget, meeting the target minimum 25% level.

In order to keep up with inflation, the maximum annual assessment per ESD is proposed to be adjusted up by the 2023 CPI of +2.6%. (See Table 1). Per both California Constitution, Article XIII D requirements, and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed to reach this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 3.

Zone 4 – The Vineyards
During the annual proceedings for FY 2004-05, Zone 4, The Vineyards was annexed into the Assessment District. For FY 2024-25, no annexations or changes are proposed. Zone 4 is built out and during the previous year, no significant land use changes have occurred For FY 2024-25, the total number of ESD units is expected to remain at 29.0. 130
9 Zone 4 includes maintenance of the “back-on” landscaping along Foothill Boulevard and Mount Diablo Way, maintenance of a detention basin area and other improvements within Zone 4 along with related overhead. See the Assessment Diagram (Map) in Part F of this report for a location of the landscape maintenance areas.

The total proposed Zone 4 budget for FY 2024-25 is $17,922.12. This is an increase of about

24.5% from the FY 2023-24 budget. The proposed funding will be from FY 2024-25 assessment revenue, available Zone 4 reserves and a miscellaneous revenue allocation. See Table 2 in Part B for estimated dollar amounts.

For FY 2024-25, the proposed annual assessment to levy and collect for Zone 4 is proposed to decrease to $455.28 per ESD. This is below the maximum allowable assessment for Zone 4. The ending fiscal year reserves will be 14%, which is below the target minimum level of 25%. In order to keep up with inflation, the maximum annual assessment per ESD is proposed to be adjusted up by the 2023 CPI of +2.6%. (See Table 1). Per both California Constitution, Article XIII D requirements, and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed at this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 4.

Zone 5 – Ioli Ranch
During the annual proceedings for FY 2004-05, Zone 5, Ioli Ranch, was annexed into the Assessment District. For FY 2024-25, no annexations or changes are proposed. Zone 5 is built out and during the previous year, no significant land use changes have occurred. For FY 2024-25, the total number of ESD units is expected to remain at 37.0.

Zone 5 includes maintenance of the “back on” landscaping improvements along Cloverdale Boulevard within Zone 5 along with related overhead. See the Assessment Diagram (Map) in Part F of this report for a location of the landscape maintenance areas.

The total proposed Zone 5 budget for FY 2024-25 is $5,366.90. This is an increase of about 15.1% from the FY 2023-24 budget. The proposed funding will be from FY 2024-25 assessment revenue and miscellaneous revenue allocations. See Table 2 in Part B for estimated dollar amounts.

For FY 2024-25, the proposed annual assessment to levy and collect for Zone 5 is proposed to decrease to $95.70 per ESD. This is below the FY 2024-25 maximum allowable assessment for Zone 5. The ending reserve is projected to be 25% of the annual operating budget, meeting the target minimum 25% level. In order to keep up with inflation, the maximum annual assessment per ESD is proposed to be adjusted up by the 2023 CPI of +2.6%. (See Table 1). Per both California Constitution, Article XIII D requirements, and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed at this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 5. 131
10 Zone 6 – Brookside Terrace
During the annual proceedings for FY 2004-05, Zone 6, Brookside Terrace, was annexed into the Assessment District. For FY 2024-25, no annexations or changes are proposed. Zone 6 is built out and during the previous year, no significant land use changes have occurred. For FY 2024- 25, the total number of ESD units is expected to remain at 14.0.

Zone 6 includes the “back-on” landscape maintenance along a portion of Cloverdale Boulevard and West Brookside Drive and the small park on West Brookside Drive along with related overhead. See the Assessment Diagram (Map) in Part F of this report for a location of the landscape maintenance areas.

The total proposed Zone 6 budget for FY 2024-25 is $11,066.36. This is an increase of approximately 1.2% from the FY 2023-24 budget. The proposed funding will be from FY 2024-25 assessment revenue and a miscellaneous revenue allocation. See Table 2 in Part B for estimated dollar amounts.

For FY 2024-25 the proposed annual assessment to levy and collect for Zone 6 is proposed to increase to $749.24 per ESD. This is equal to the maximum allowable assessment for Zone 6.

Ending fiscal year reserves are anticipated to be at 0%, below the target minimum 25% level. In order to keep up with inflation, the maximum annual assessment per ESD is proposed to be adjusted up by the 2023 CPI of +2.6%. (See Table 1). Per both California Constitution, Article XIII D requirements, and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed to reach this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 6.

Zone 7 – Sunrise Hills Phase I and II
During the annual proceedings for FY 2005-06, Zone 7, Sunrise Hills Phase 1, was annexed into the Assessment District. In FY 2006-07, Sunrise Hills Phase 2 was annexed into existing Zone 7.

Landscaping and lighting improvements were accepted by the City in 2008. No new annexations are proposed for this zone for FY 2024-25. Zone 7 is built out. During the previous year, minor land use changes have increased the total number of ESD units by 2.5 to 63.5 ESDs.

Zone 7 includes “back-on” landscape maintenance along a portion of Foothill Boulevard, maintenance of the open space and drainage easement (wetland) area and street lighting costs installed with Phase 1, hydraulic and drainage easement maintenance, public trail maintenance and additional streetlights installed with Phase 2 along with related overhead. See the Assessment Diagram (Map) in Part F of this report for a location of the landscape maintenance areas.

The total proposed Zone 7 budget for FY 2024-25 is $19,975.71. This is a decrease of about 16.3% from the FY 2023-24 budget. The proposed funding will be from FY 2024-25 assessment revenue, 132
11 available Zone 7 reserves and a miscellaneous revenue allocation. See Table 2 in Part B for estimated dollar amounts.

For FY 2024-25, the proposed annual assessment to levy and collect for Zone 7 is proposed to decrease to $63.46 per ESD. This is below the maximum allowable assessment for Zone 7. The ending reserves are anticipated to be 25%, meeting the target minimum level. In order to keep up with inflation, the maximum annual assessment per ESD is proposed to be adjusted up by the 2023 CPI of +2.6%. (See Table 1). Per both California Constitution, Article XIII D requirements, and the formation and annexation proceedings for this Assessment District, future annual assessments will be allowed to reach this adjusted maximum amount without having to send special ballots to the impacted property owners in Zone 7. 133
12 FY 2024-25 Engineer’s Report Format
This FY 2024-25 Engineer’s Report consists of six parts as follows:

PART A Plans & Specifications- This portion of the Engineer’s Report describes any plans and specifications that may be needed for the installation of the improvements.

If plans and specifications exist, they are filed with the City Clerk. Although separately bound, the plans and specifications are part of this Engineer’s Report and are included in it by reference.

PART B Budget Cost Estimates – This portion of the Engineer’s Report lists the total filed and approved budgets for Zones 1 through 7, an overall Budget Summary for the seven Zones, a detailed budget for each zone, and a Summary of Fund Balances.

PART C Assessment Roll – This part consists of a listing of FY 2024-25 assessments on each benefited parcel of land within the Assessment District. The FY 2024-25 assessment amount is the estimated cost each parcel will contribute towards the operation and maintenance of the improvements within each respective Zone of the Assessment District.

PART D Method of Apportionment of Assessment – This part consists of a statement of the method used by Engineer of Work to determine the amount proposed to be assessed against each parcel within the Assessment District.

PART E Property Owner’s List – This portion includes the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized assessment roll for taxes. The Assessor Parcel Number (A.P.N.) for each parcel keys the list to the Assessment Roll shown in Part C.

PART F Assessment Diagrams – This part consists of Assessment Diagrams (maps) showing all of the parcels of real property within the boundaries of the seven zones of the Assessment District. The Assessor Parcel Number (A.P.N.) for each parcel keys the property to the Assessment Roll shown in Part C. The A.P.N.’s are shown in the Assessor’s Maps available at the County of Sonoma Assessor’s Office. 134
13 PART A

PLANS AND SPECIFICATIONS
The Assessment District will operate and maintain the landscape and related improvements in Zones 1, 2, 3, 4, 5, 6 and 7 asthey have all been completed and accepted by the City of Cloverdale.

Maintenance in each of these seven Zones may include repair, removal or replacement of any hardscape improvement, damaged irrigation facilities or diseased landscaping, weed and brush clearing, street lighting and other allowable maintenance items per Section 22531 of the Streets and Highways Code for the life of the Assessment District. 135
14 PART B

BUDGET COST ESTIMATE
The attached sheets include the budgets for FY 2024-25 for all those costs associated with the operation and maintenance in each of the seven zones within the Assessment District. The budgets have been separated by zone for clarity. The total budget summary for FY 2024-25 for the Cloverdale Landscaping and Lighting Assessment District is as follows:

As Filed
With City
As Preliminarily
Approved
As Finally Approved
at Public Hearing
Zone 1 $27,828.80 $ $
Zone 2 $87,415.03 $ $
Zone 3 $121,146.78 $ $
Zone 4 $17,922.12 $ $
Zone 5 $5,366.90 $ $
Zone 6 $11,066.36 $ $
Zone 7 $19,975.71 $ $
Total $290,721.70 $ $
Table 2. Budget Summary
Budget
Projected
Assessment
Revenue
Reserves Used
(Including
Misc. Revenue
Allocation)
General
Fund
Contribution
Proposed FY
Assessment
Per ESD
Number
of ESD's
Zone 1 $27,828.80 $17,452.80 $10,376.00 $0.00 $258.56 67.5 Zone 2 $87,415.03 $51,916.12 $27,982.00 $7,516.91 $252.02 206.0 Zone 3 $121,146.78 $82,407.78 $38,739.00 $0.00 $436.02 189.0 Zone 4 $17,922.12 $13,203.12 $4,719.00 $0.00 $455.28 29.0 Zone 5 $5,366.90 $3,540.90 $1,826.00 $0.00 $95.70 37.0
Zone 6 $11,066.36 $10,489.36 $577.00 $0.00 $749.24 14.0 Zone 7 $19,975.71 $4,029.71 $15,946.00 $0.00 $63.46 63.5 Total $290,721.70 $183,039.79 $100,165.00 $7,516.91 -- -- 136
2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $16,743.00 $18,141.00 Overhead/Administration Costs $239.00 $338.00
Subtotal Labor and Administration $16,982.00 $18,479.00 Services
Assessment Engineering Services $1,637.30 $1,682.10
Miscellaneous Contract Services $550.00 $1,859.00
Computer Maintenance $61.00 $425.00
Vehicle Repair $350.00 $350.00
General Repair & Maintenance $300.00 $300.00
Training/Travel $75.00 $75.00
Operating Supplies $1,500.00 $1,000.00
Subtotal Services $4,473.30 $5,691.10
Supplies
Small Tools & Equipment $100.00 $100.00
Fuel $450.00 $800.00
Utilities-Gas & Electric $0.00 $0.00
Utilities-Water $1,300.00 $1,455.00
Subtotal Supplies $1,850.00 $2,355.00
Subtotal Expenses $23,305.30 $26,525.10
Contingency $1,166.43 $1,303.70
TOTAL EXPENSES $24,471.73 $27,828.80
Contribution from Annual Reserves $4,251.73 $7,357.00
Contribution from Miscellaneous Revenue Allocation $3,210.00 $3,019.00 TOTAL COSTS $17,010.00 $17,452.80
TOTAL ASSESSMENT REVENUE $17,010.00 $17,452.80
Estimated Number of ESD Units in Zone 1 67.5 67.5
Proposed Assessment per ESD for Zone 1 $252.00 $258.56
2023-24 Zone 1 Maximum Annual Assessment per ESD $252.01 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 1 Maximum Annual Assessment per ESD $258.56

CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Fiscal Year 2024-25 Budget
Zone 1 - Jefferson Springs
Creek Landscaping
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2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $43,757.00 $43,552.00 Overhead/Administration Costs $1,008.00 $878.00
Subtotal Labor and Administration $44,765.00 $44,430.00 Services
Assessment Engineering Services $5,873.10 $5,291.10
Miscellaneous Contract Services $15,800.00 $15,800.00
Computer Maintenance $180.00 $425.00
Vehicle Repair $475.00 $375.00
General Repair & Maintenance $1,930.00 $1,930.00
Training/Travel $225.00 $225.00
Operating Supplies $5,020.00 $5,020.00
Subtotal Services $29,503.10 $29,066.10
Supplies
Small Tools & Equipment $280.00 $280.00
Fuel $1,400.00 $900.00
Utilities-Gas & Electric $800.00 $525.00
Utilities-Water $7,000.00 $8,050.00
Subtotal Supplies $9,480.00 $9,755.00
Subtotal Expenses $83,748.10 $83,251.10
Contingency $4,190.22 $4,163.93
TOTAL EXPENSES $87,938.32 $87,415.03
Contribution from General Fund $11,274.00 $7,516.91
Contribution from Annual Reserves $17,500.00 $22,045.00 Contribution from Miscellaneous Revenue Allocation $7,207.00 $5,937.00 TOTAL COSTS $51,957.32 $51,916.12
TOTAL ASSESSMENT REVENUE $51,957.32 $51,916.12
Estimated Number of ESD Units in Zone 2 206.0 206.0
Proposed Assessment per ESD for Zone 2 $252.22 $252.02
2023-24 Zone 2 Maximum Annual Assessment per ESD $502.66 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 2 Maximum Annual Assessment per ESD $515.73 Street Landscaping and Park

CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Fiscal Year 2024-25 Budget
Zone 2 - Vintage Meadows
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2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $54,640.00 $58,048.00 Overhead/Administration Costs $1,102.00 $1,217.00
Subtotal Labor and Administration $55,742.00 $59,265.00 Services
Assessment Engineering Services $6,640.60 $7,333.00
Miscellaneous Contract Services $2,500.00 $24,729.00
Computer Maintenance $270.00 $425.00
Vehicle Repair $525.00 $525.00
General Repair & Maintenance $1,600.00 $1,600.00
Training/Travel $337.00 $337.00
Operating Supplies $4,020.00 $4,020.00
Subtotal Services $15,892.60 $38,969.00
Supplies
Small Tools & Equipment $370.00 $370.00
Fuel $2,000.00 $1,250.00
Utilities-Gas & Electric $650.00 $405.00
Utilities-Water $20,000.00 $15,120.00
Subtotal Supplies $23,020.00 $17,145.00
Subtotal Expenses $94,654.60 $115,379.00
Contingency $4,735.64 $5,767.78
TOTAL EXPENSES $99,390.24 $121,146.78
Contribution from Annual Reserves $31,107.00 $29,637.00 Contribution from Miscellaneous Revenue Allocation $9,474.00 $9,102.00 TOTAL COSTS $58,809.24 $82,407.78
TOTAL ASSESSMENT REVENUE $58,809.24 $82,407.78
Estimated Number of ESD Units in Zone 3 189.0 189.0
Proposed Assessment per ESD for Zone 3 $311.16 $436.02
2023-24 Zone 3 Maximum Annual Assessment per ESD $860.71 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 3 Maximum Annual Assessment per ESD $883.09 Landscaping & Maintenance

CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Fiscal Year 2024-25 Budget
Zone 3 - The Cottages
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2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $7,611.00 $9,640.00 Overhead/Administration Costs $161.00 $187.00
Subtotal Labor and Administration $7,772.00 $9,827.00
Services
Assessment Engineering Services $1,000.10 $1,127.80
Miscellaneous Contract Services $1,100.00 $1,100.00
Computer Maintenance $48.00 $425.00
Vehicle Repair $200.00 $200.00
General Repair & Maintenance $260.00 $260.00
Training/Travel $60.00 $60.00
Operating Supplies $500.00 $500.00
Subtotal Services $3,168.10 $3,672.80
Supplies
Small Tools & Equipment $50.00 $50.00
Fuel $200.00 $200.00
Utilities-Gas & Electric $160.00 $185.00
Utilities-Water $2,900.00 $3,810.00
Subtotal Supplies $3,310.00 $4,245.00
Subtotal Expenses $14,250.10 $17,744.80
Contingency $143.40 $177.32
TOTAL EXPENSES $14,393.50 $17,922.12
Contribution from Annual Reserves $4,215.26 $3,165.00
Contribution from Miscellaneous Revenue Allocation $1,259.00 $1,554.00 TOTAL COSTS $8,919.24 $13,203.12
TOTAL ASSESSMENT REVENUE $8,919.24 $13,203.12
Estimated Number of ESD Units in Zone 4 29.0 29.0
Proposed Assessment per ESD for Zone 4 $307.56 $455.28
2023-24 Zone 4 Maximum Annual Assessment per ESD $444.69 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 4 Maximum Annual Assessment per ESD $456.25

CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Fiscal Year 2024-25 Budget
Zone 4 - The Vineyards
Landscaping & Maintenance
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2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $2,296.00 $2,414.00 Overhead/Administration Costs $56.00 $56.00
Subtotal Labor and Administration $2,352.00 $2,470.00
Services
Assessment Engineering Services $323.70 $337.70
Miscellaneous Contract Services $0.00 $0.00
Computer Maintenance $20.00 $425.00
Vehicle Repair $150.00 $300.00
General Repair & Maintenance $100.00 $100.00
Training/Travel $20.00 $20.00
Operating Supplies $181.00 $181.00
Subtotal Services $794.70 $1,363.70
Supplies
Small Tools & Equipment $20.00 $20.00
Fuel $300.00 $200.00
Utilities-Gas & Electric $150.00 $140.00
Utilities-Water $1,000.00 $1,120.00
Subtotal Supplies $1,470.00 $1,480.00
Subtotal Expenses $4,616.70 $5,313.70
Contingency $46.28 $53.20
TOTAL EXPENSES $4,662.98 $5,366.90
Contribution from Annual Reserves $0.00 $1,438.00
Contribution from Miscellaneous Revenue Allocation $425.00 $388.00 TOTAL COSTS $4,237.98 $3,540.90
TOTAL ASSESSMENT REVENUE $4,237.98 $3,540.90
Estimated Number of ESD Units in Zone 5 37.0 37.0
Proposed Assessment per ESD for Zone 5 $114.54 $95.70
2023-24 Zone 5 Maximum Annual Assessment per ESD $172.02 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 5 Maximum Annual Assessment per ESD $176.49 Zone 5 - Ioli Ranch
Landscaping & Maintenance

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Fiscal Year 2024-25 Budget

CITY OF CLOVERDALE
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141
2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $5,134.00 $4,369.00 Overhead/Administration Costs $133.00 $116.00
Subtotal Labor and Administration $5,267.00 $4,485.00
Services
Assessment Engineering Services $759.80 $696.30
Miscellaneous Contract Services $0.00 $0.00
Computer Maintenance $40.00 $425.00
Vehicle Repair $175.00 $175.00
General Repair & Maintenance $70.00 $195.00
Training/Travel $50.00 $50.00
Operating Supplies $365.00 $365.00
Subtotal Services $1,459.80 $1,906.30
Supplies
Small Tools & Equipment $40.00 $40.00
Fuel $340.00 $340.00
Utilities-Gas & Electric $130.00 $150.00
Utilities-Water $3,600.00 $4,035.00
Subtotal Supplies $4,110.00 $4,565.00
Subtotal Expenses $10,836.80 $10,956.30
Contingency $99.72 $110.06
TOTAL EXPENSES $10,936.52 $11,066.36
Contribution from General Fund $0.00 $0.00
Contribution from Annual Reserves $0.00 $0.00
Contribution from Miscellaneous Revenue Allocation $415.80 $577.00 TOTAL COSTS $10,520.72 $10,489.36
TOTAL ASSESSMENT REVENUE $10,520.72 $10,489.36
Estimated Number of ESD Units in Zone 6 14.0 14.0
Proposed Assessment per ESD for Zone 6 $751.48 $749.24
2023-24 Zone 6 Maximum Annual Assessment per ESD $751.48 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 6 Maximum Annual Assessment per ESD $771.02 Fiscal Year 2024-25 Budget
Zone 6 - Brookside Terrace
Landscaping & Maintenance

CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
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2023-24 Budget 2024-25 Budget
Labor and Administration
Employee Costs (Previously Labor and Admin.) $10,179.00 $10,222.00 Overhead/Administration Costs $293.00 $209.00
Subtotal Labor and Administration $10,472.00 $10,431.00 Services
Assessment Engineering Services $1,656.00 $1,257.00
Miscellaneous Contract Services $2,500.00 $2,000.00
Computer Maintenance $80.00 $425.00
Vehicle Repair $250.00 $250.00
General Repair & Maintenance $400.00 $400.00
Training/Travel $100.00 $100.00
Operating Supplies $1,131.00 $800.00
Subtotal Services $6,117.00 $5,232.00
Supplies
Small Tools & Equipment $180.00 $180.00
Fuel $600.00 $425.00
Utilities-Gas & Electric $260.00 $150.00
Utilities-Water $6,000.00 $3,360.00
Subtotal Supplies $7,040.00 $4,115.00
Subtotal Expenses $23,629.00 $19,778.00
Contingency $236.96 $197.71
TOTAL EXPENSES $23,865.96 $19,975.71
Contribution from Annual Reserves $7,430.00 $14,380.00
Contribution from Miscellaneous Revenue Allocation $1,774.00 $1,566.00 TOTAL COSTS $14,661.96 $4,029.71
TOTAL ASSESSMENT REVENUE $14,661.96 $4,029.71
Estimated Number of ESD Units in Zone 7 61.0 63.5
Proposed Assessment per ESD for Zone 7 $240.36 $63.46
2023-24 Zone 7 Maximum Annual Assessment per ESD $540.50 2023 Cost of Living Increase (CPI) 2.60%
2024-25 Zone 7 Maximum Annual Assessment per ESD $554.60 Landscaping & Maintenance

CITY OF CLOVERDALE

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
Fiscal Year 2024-25 Budget
Zone 7 - Sunrise Hills
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FY 2024-25
Zone 1 - Jefferson Springs
Estimated Starting Reserve Fund Balance July 1 $8,027.80 Estimated Assessment Revenue $17,452.80
Estimated Miscellaneous Revenue Allocation $3,019.00
Estimated Expenses $27,828.80
Estimated Ending Reserve Fund Balance June 30 $670.80
As a percent of Annual Operating Expenses 2%
Zone 2 - Vintage Meadows
Estimated Starting Reserve Fund Balance July 1 $43,871.51 Estimated Revenue $51,916.12
General Fund Contribution $7,516.91
Estimated Miscellaneous Revenue Allocation $5,937.00
Estimated Expenses $87,415.03
Estimated Ending Reserve Fund Balance June 30 $21,826.51 As a percent of Annual Operating Expenses 25%
Zone 3 - The Cottages
Estimated Starting Reserve Fund Balance July 1 $59,886.52 Estimated Revenue $82,407.78
Estimated Miscellaneous Revenue Allocation $9,102.00
Estimated Expenses $121,146.78
Estimated Ending Reserve Fund Balance June 30 $30,249.52 As a percent of Annual Operating Expenses 25%
Zone 4 - The Vineyards
Estimated Starting Reserve Fund Balance July 1 $5,668.63 Estimated Revenue $13,203.12
Estimated Miscellaneous Revenue Allocation $1,554.00
Estimated Expenses $17,922.12
Estimated Ending Reserve Fund Balance June 30 $2,503.63 As a percent of Annual Operating Expenses 14%

CITY OF CLOVERDALE
Landscaping and Lighting Assessment District
Fiscal Year 2024-25 Budget
Summary of Fund Balances
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FY 2024-25

CITY OF CLOVERDALE
Landscaping and Lighting Assessment District
Fiscal Year 2024-25 Budget
Summary of Fund Balances
Zone 5 - Ioli Ranch
Estimated Starting Reserve Fund Balance July 1 $2,778.81 Estimated Revenue $3,540.90
Estimated Miscellaneous Revenue Allocation $388.00
Estimated General Fund Contribution $0.00
Estimated Annual Expenses $5,366.90
Estimated Ending Reserve Fund Balance June 30 $1,340.81 As a percent of Annual Operating Expenses 25%
Zone 6 - Brookside Terrace
Estimated Starting Reserve Fund Balance July 1 $0.00
Estimated Revenue $10,489.36
Estimated Miscellaneous Revenue Allocation $577.00
Estimated General Fund Contribution $0.00
Estimated Expenses $11,066.36
Estimated Ending Reserve Fund Balance June 30 $0.00
As a percent of Annual Operating Expenses 0%
Zone 7 - Sunrise Hills
Estimated Starting Reserve Fund Balance July 1 $19,367.54 Estimated Revenue $4,029.71
Estimated Miscellaneous Revenue Allocation $1,566.00
Estimated Expenses $19,975.71
Estimated Ending Reserve Fund Balance June 30 $4,987.54 As a percent of Annual Operating Expenses 25%
Note: Miscellaneous Revenue Allocation includes interest income plus ad valorem allocations.

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24 PART C
FY 2024-25 ASSESSMENT ROLL
The total proposed assessment revenues for FY 2024-25 for the Cloverdale Landscaping and Lighting Assessment District is $183,039.79 from the following sources:

Revenue Source
$17,452.80 From Zone 1
$51,916.12 From Zone 2
$82,407.78 From Zone 3
$13,203.12 From Zone 4
$3,540.90 From Zone 5
$10,489.36 From Zone 6
$4,029.71 From Zone 7
The individual annual assessment for each parcel within each of the seven zones of the Assessment District is listed in the following pages. The lines and dimensions of each parcel are shown on the Assessor’s Maps for the City of Cloverdale available at the County of Sonoma Assessor’s Office.
146
41 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Special and General Benefits
Each parcel within each of the zones of the Assessment District receives a distinct special benefit from improvements and maintenance thereof as discussed below. Additionally, general benefits conferred to the community at large from improvements and maintenance thereof within each zone, if any, are identified.

Zone 1 - Zone 1 includes the maintenance of the landscaping and the pathway adjacent to the creek running through Jefferson Springs Subdivision, Phases 3 & 4. The parcels within this zone receive a direct special benefit from the pathway and creek. The special benefits to each parcel in Zone 1 provided by the landscaping and the maintenance thereof include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The Zone 1 maintained landscaping is determined to confer no general benefits to the community at large. The special benefits to each parcel in Zone 1 provided by the pathway include the readily accessible opportunity for recreation and dog walking. Based upon City staff observations and discussions with residents, this pathway appears to be used predominantly by neighborhood residents and it is therefore assumed to confer no general benefits to the community at large.

Zone 2 - Zone 2 funds the annual costs associated with the operation and maintenance of Vintage Meadows Park, the back-on landscaping along portions of Foothill Boulevard and S. Franklin Street within the subdivision, the traffic island within Healdsburg Avenue and the area at the intersection of Foothill Boulevard and Port Circle, south of Zinfandel Court. The special benefits to each parcel in Zone 2 provided by the landscaping and the maintenance thereof include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The Zone 2 maintained landscaping, excluding Vintage Meadows Park, is determined to confer no general benefits to the community at large.

Vintage Meadows Park General Benefit Analysis (within Zone 2) Vintage Meadows Park was built as a Neighborhood Park within the Vintage Meadows residential development and was intended to serve the residents of that neighborhood. Consequently, it has been the assumption since the park was completed in 2007 that it is used predominantly by the residents of that neighborhood (Zone 2). However, as an open public park, it is reasonable to assume that it is used, at least occasionally, by members of the community that reside outside of Zone 2. That usage would represent a general benefit to the community at large.

An analysis was conducted in 2018 to apportion the use of the park between residents of Zone 2 and the community at large. Based upon staff observations and a review of historical aerial photographs of the park, there are rarely any vehicles parked adjacent to the park. It is therefore assumed that the park is accessed mainly by pedestrians. This analysis looked at the total number 147
42 of residences within a reasonable walking distance of the park. An individual’s willingness to walk a certain distance depends of upon a variety of factors including purpose, age, health, safety and climate. For this analysis walking distance was assumed to be ¼ mile. The total number of residences within walking distance, excluding those that are closer to City Park, was determined to be 267. Of that total, 206 are within the Vintage Meadows development (Zone 2). Therefore, the percentage of residences within walking distance but not within Zone 2 is calculated to be 23%. Although household populations are not uniform in their composition and likelihood of using the park, this figure is believed to represent a reasonable estimate of the General Benefit that Vintage Meadows Park confers on the community outside of Zone 2. The special benefits to each parcel in Zone 2 provided by Vintage Meadows Park include the readily accessible opportunity for recreation and enhanced desirability of properties through association with and proximity to the park.

The total estimated cost of maintaining Vintage Meadows Park, including the restrooms for FY 2024-25 is budgeted to be $32,682.22. The total funding contribution from the City’s General Fund will be $7,516.91. This represents 23% of the total budgeted park maintenance cost. This percentage of the total park operation and maintenance cost paid for by the City’s General Fund is equal to the estimated percentage of general benefit that the park confers to the community at large.

Zone 3 - The related Assessment District improvements in Zone 3 include the linear park along Muscat Creek, “back-on” landscape maintenance along a portion of Foothill Boulevard within Zone 3, maintenance of the preserved wetlands area at the corner of Ranch House Drive and Elbridge Drive, weed abatement of the area just west of Ranch House Drive and Elbridge Avenue and other improvements within Zone 3. The special benefits to each parcel in Zone 3 provided by the landscaping and the maintenance thereof, the preserved wetlands and the weed abatement include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The weed abatement also provides the special benefit of reduced fire risk.

The Zone 3 maintained landscaping, preserved wetlands and weed abatement are determined to confer no general benefits to the community at large. The special benefits to each parcel in Zone 3 provided by the linear park include the readily accessible opportunity for recreation and dog walking. Based upon City staff observations and discussions with residents, this linear park appears to be used primarily by neighborhood residents and is therefore assumed to confer no general benefits to the community at large.

Zone 4 - The related improvements in Zone 4 include “back-on” landscaping along Foothill Boulevard and Mount Diablo Way and maintenance of a stormwater detention basin area within Zone 4. The special benefits to each parcel in Zone 4 provided by the landscaping and the maintenance thereof include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The Zone 4 maintained landscaping is determined to confer no general benefits to the community at large. An additional special benefit of enhanced flood protection 148
43 is provided to each parcel in Zone 4 by the detention basin. The Zone 4 maintained detention basin is determined to confer no general benefits to the community at large.

Zone 5 - The related improvements in Zone 5 include “back on” landscaping along Cloverdale Boulevard. The special benefits to each parcel in Zone 5 provided by the landscaping and the maintenance thereof include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The Zone 5 maintained landscaping is determined to confer no general benefits to the community at large.

Zone 6 - The related improvements in Zone 6 include the “back-on” landscape maintenance along a portion of Cloverdale Boulevard and West Brookside Drive and a small park on West Brookside Drive. The special benefits to each parcel in Zone 6 provided by the landscaping and the maintenance thereof include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The Zone 6 maintained landscaping is determined to confer no general benefits to the community at large. The special benefits to each parcel in Zone 6 provided by the small park include the readily accessible opportunity for recreation. This park does not have any signage indicating that it is a public park and it could easily be assumed to be a private amenity.

Based upon this fact and City staff observations, this park is assumed be used exclusively by neighborhood residents and is therefore determined to confer no general benefits to the community at large.

Zone 7 - The improvements in Zone 7 include “back-on” landscape maintenance along a portion of Foothill Boulevard, maintenance of the open space and drainage easement (wetland) area and street lighting costs. The special benefits to each parcel in Zone 7 provided by the landscaping and the maintenance thereof and the wetlands include enhanced desirability of properties through association with the improvements, improved aesthetic appeal of the neighborhood, and improved air quality from additional vegetation. The Zone 7 maintained landscaping and wetlands are determined to confer no general benefits to the community at large. In addition, the open space includes a paved path that provides the special benefits to each parcel in Zone 7 of readily accessible opportunities for recreation and dog walking. Based upon City staff observations and discussions with residents, this path appears to be used primarily by neighborhood residents and is therefore determined to confer no general benefits to the community at large. The special benefits to each parcel in Zone 7 provided by the operation and maintenance the streetlighting is enhanced pedestrian and vehicle safety. The Zone 7 operated and maintained streetlights are determined to confer no general benefits to the community at large.

Method of Apportionment
The following is a brief description of the manner the annual assessment has been apportioned to each parcel in Zones 1 – 7 within the Assessment District. Only the proportionate special benefit costs of operation and maintenance of improvements within each Zone are apportioned to the assessments.
149
44 The method of apportionment (spread) equates all parcels in Zones 1 – 7 within the boundaries of the Assessment District to an Equivalent Single-Family Dwelling (ESD) unit use, or portion thereof. As shown in Table 3, basic use units reflect the relative benefit accruing to parcels of land within the Cloverdale Landscaping and Lighting Assessment District.

Table 3. Use Units by Parcel Type
Parcel Type Use Units
Vacant parcel in undeveloped area 1/10 unit
Vacant parcel in developed area 1/2 unit
Single dwelling parcel 1 unit
Multiple dwelling unit parcel 1 unit per dwelling
Commercial or Industrial parcel 1 unit per business
Commercial or Industrial parcel with dwelling
unit
1 unit per business + 1 unit per dwelling unit
Once the total number of ESD units is determined for each of the Zones, the total number of ESD units within each Zone shall be divided into each respective Zone’s operation and maintenance expenses for the upcoming fiscal year (see Part B). This will result in the proposed annual assessment per ESD for the upcoming fiscal year. The annual assessment per ESD shall be multiplied by the total use units established for each parcel, or portion thereof, to determine the proposed total annual assessment for each parcel within each zone. Annual assessments are apportioned in this manner due to the relative benefit of the improvements to each of the parcels within each separate Zone. Since the improvements are easily accessible to all the parcels within each Zone, the level of benefit is equally spread to each parcel.

Although Section 22663 of the Streets and Highways Code typically requires that public property not be assessed, Article XIII D, Section 4(a) of the California Constitution now requires that public agencies shall not be exempt from assessment. However, the creek area, wetlands and public rights-of-way and easements within various Zones preclude construction of structures for other uses that conflict with the allowable zoning of these areas. Therefore, these publicly owned areas without a dwelling used exclusively for greenbelt, or open space, or upon the common area of any planned unit development receive no special benefit and do not receive an annual assessment.
150
45 PART E
FY 2024-25 PROPERTY OWNERS LIST
The names and addresses of each of the property owners as shown on the County of Sonoma Assessor's Tax Assessment Roll have been keyed to the special assessment number (Assessor Parcel Number) as shown in Part C – Assessment Roll of this Engineer’s Report. 151
46 PART F
FY 2024-25 ASSESSMENT DIAGRAMS
Attached are the Assessment Diagrams (Maps) for the seven Zones within the Assessment District. The first Assessment Diagram is an overview map showing the locations of all seven Zones of the Assessment District. Please note the lines and dimensions of each parcel, as well as the distinctive Assessor’s Parcel Number, are shown on the Assessor's Maps for the City of Cloverdale available at the County of Sonoma Assessor's Office. The attached pages also provide the reference to the appropriate Assessor Books at the County of Sonoma Assessor’s Office for the respective subdivisions in each of the seven Zones. 152
47 Zone 1 – Jefferson Springs:

All the land lying within the Jefferson Springs Phase 3 Subdivision filed in the recorder’s office of the County of Sonoma in book 565 of Maps, Pages 36-41.

All the land lying within the Jefferson Springs Phase 4 Subdivision filed in the recorder’s office of the County of Sonoma in book 583 of Maps, Pages 42-48.

Zone 2 – Vintage Meadows:

All the land lying within the Vintage Meadows Subdivision, filed in the recorder’s office of the County of Sonoma in book 599 of Maps, Pages 11-17.

All the land lying within the Vintage Meadows II Subdivision, filed in the recorder’s office of the County of Sonoma in book 656 of Maps, Pages 48-54.

All the land lying within the Vintage Meadows III Subdivision, filed in the recorder’s office of the County of Sonoma in book 636 of Maps, Pages 15-24.

Zone 3 – The Cottages:

All the land lying within The Cottages of Cloverdale Phase 1 Subdivision filed in the recorder’s office of the County of Sonoma in book 614 of Maps, Pages 43-50.

All the land lying within The Cottages of Cloverdale Phase 2 Subdivision filed in the recorder’s office of the County of Sonoma in book 633 of Maps, Pages 12-18.

All the land lying within The Cottages of Cloverdale Phase 3 Subdivision filed in the recorder’s office of the County of Sonoma in book 640 of Maps, Pages 24-30.

All the land lying within The Cottages of Cloverdale Phase 4 Subdivision filed in the recorder’s office of the County of Sonoma in book 655 of Maps, Pages 1-5.

Zone 4 – The Vineyards at Cloverdale:

All the land lying within Vineyards at Cloverdale Subdivision filed in the recorder’s office of the County of Sonoma in Book 660 of Maps, Pages 18-21.

Zone 5 – Ioli Ranch:

All the land lying within the Ioli Ranch Subdivision filed in the recorder’s office of the County of Sonoma in Book 645 of Maps, Pages 30-37.
153
48 Zone 6 – Brookside Terrace:

All the land lying within the Brookside Terrace Subdivision filed in the recorder’s office of the County of Sonoma in Book 658 of Maps, Pages 11-14.

Zone 7 – Sunrise Hills:

All the land lying within the Sunrise Hills Subdivision filed in the recorder’s office of the County of Sonoma in Book 663 of Maps, Pages 48-52.

All the land lying within the Sunrise Hills 2 Subdivision filed in the recorder’s office of the County of Sonoma in Book 701 of Maps, Pages 01-04.

F:\Projects\Cloverdale\LLAD\2024cllad 03-5180\24-C-Engr's Report - Prelim.docx 154

JEFFERSON

SPRINGS
ZONE 1

VINTAGE

MEADOWS
ZONE 2

THE COTTAGES
ZONE 3

THE VINEYARDS AT

CLOVERDALE
ZONE 4

IOLI RANCH
ZONE 5

BROOKSIDE

TERRACE
ZONE 6

SUNRISE HILLS
ZONE 7 CLOVERDALE BLVD JEFFERSON STREET

SCHOOL ST

FIRST ST

ASTI RD

CITRUS FAIR
DR

CHERRY CRK RD
CLARK
AVE

CLOVERDALE BLVD
HIGHWAY 101

RAILROAD

FOOTHILL BLVD

SANDHOLM
COASTLAND | DCCM
1400 Neotomas Avenue
Santa Rosa, CA 95405707.571.8005 | coastlandcivil.com
155
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 156
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 157
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 158
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 159
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 160
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 161
COASTLAND | DCCM 1400 Neotomas Avenue Santa Rosa, CA 95405 707.571.8005 | coastlandcivil.com 162
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

I.3
April 24, 2024
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Shannon Peterson, Finance & HR Analyst
Agenda Item Title:

First Amendment to the At-Will Employment Agreement with Michael Maloney for the position of City Clerk for the City of Cloverdale and Approving Revised City Clerk Job Description ________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled “A Resolution of the City Council of the City of Cloverdale approving the First Amendment to the At-Will Employment Agreement with Michael Maloney for the position of City Clerk for the City of Cloverdale and Approving Revised City Clerk Job Description” _______________________________________________________________________________________ Background:

Michael Maloney has served as City Clerk since May 2, 2022. In accordance with his employment agreement Mike received his initial performance review six months from his start date, on November 2, 2022 and subsequent annual performance review on November 2, 2023. The City Clerk has requested an extraordinary adjustment to reestablish his annual performance evaluation date in May to correspond with his initial start date. Mike has also requested to amend his employment agreement updating the title to include Public Information Officer.

Summary:

The original Employment Agreement with Mike Maloney was amended by City Attorney.

The Employment Agreement was amended as follows:

1. Salary: The base compensation will be One Hundred Eighteen Thousand Seven Hundred Four Dollars, and Thirty-Nine Cents ($118,704.39) annually. This is step 4 in the adopted City Clerk Salary Schedule.

Employee will be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council.

Employee’s salary will be reviewed approximately on or by May 2nd of each year in conjunction with an annual performance evaluation.”
The First Amendment to the At-Will Employment Agreement is attached for review.

The City Clerk job description has been updated to include duties and responsibilities related to service as the City’s Public Information Officer.

Options:

1. Adopt the attached resolution approving the first amendment to the individual at-will employment agreement with Mr. Michael Maloney as City Clerk and update the City Clerk job description to include duties and responsibilities related to service as the City’s public information officer. 163
City Council/Successor Agency Agenda Item Summary
Meeting Date: April 24, 2024

Page 2 of 2 ends

2. Reject the resolution authorizing the First Amendment to the At-Will Employment Agreement and Revised City Clerk job description.
________________________________________________________________________________________ Subcommittee Recommendation:

None
________________________________________________________________________________________ Budget/Financial Impact:

The City Clerk position is a funded and budgeted position. The annual salary will be One Hundred Eighteen Thousand Seven Hundred Four Dollars, and Thirty-Nine Cents ($118,704.39) annually. This is step 4 in the adopted City Clerk Salary Schedule. Employee will be subject to the standard merit system. _______________________________________________________________________________________ Attachments:

1. Resolution

2. First Amendment to the At Will Employment Agreement

3. Job Description

4. Redlined Job Description
164

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING THE FIRST AMENDMENT

TO THE AT-WILL EMPLOYMENT AGREEMENT WITH MICHAEL MALONEY FOR THE POSITION OF CITY

OF CLOVERDALE CITY CLERK AND APPROVING REVISED CITY CLERK JOB DESCRIPTION WHEREAS, the City Council recognizes that the City Clerk is a critical role in the City’s function and day to day operations; and
WHEREAS, Section 2.03.010 of the Cloverdale Municipal Code states: “The city clerk shall be appointed by the city manager, and shall hold office at the pleasure of the city manager;” and WHEREAS, the City Clerk position may be compensated and receive benefits in accordance with an individual atwill agreement and salary as approved by the City Council; and WHEREAS, the City employes Mr. Maloney as City Clerk of the City of Cloverdale; and WHEREAS, the City Council desires to approve an amendment to Mr. Maloney’s employment agreement to increase Mr. Maloney’s base salary in recognition of outstanding performance; and WHEREAS, the City Manager recommends that the City Council approve the at-will employment agreement; and WHEREAS, the City Council desires to update the job description for the position of City Clerk to include duties and responsibilities related to service as the City’s Public Information Officer; and WHEREAS, Mr. Maloney has agreed to execute the proposed employment agreement and continue serving as City Clerk under the updated job description.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves the First Amendment to the at-will Employment Agreement with Michael Maloney as Cloverdale City Clerk, attached hereto as Exhibit A, in a form approved by the City Attorney, and authorizes the City Manager to execute the Employment Agreement.

BE IT FURTHER RESOLVED that the City Council of the City of Cloverdale hereby approved the revised job description for the position of City Clerk, attached hereto as Exhibit B.

REGULARLY PASSED AND ADOPTED by the City Council of the City of Cloverdale on this 24th day of April, 2024 by the following vote:

AYES: ( )
NOES: ( )
ABSTAIN:( )
ABSENT: ( )
APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Kevin Thompson, Acting City Clerk

Exhibit A – Employment Agreement Amendment
Exhibit B – Job Description 165
P.O. Box 217 • 124 North Cloverdale Blvd. • Cloverdale, CA 95425-0217 • Telephone (707) 894-2521 • FAX (707) 894-3451

FIRST AMENDMENT TO AT WILL EMPLOYMENT AGREEMENT
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “First Amendment) is made and entered into this ___________, 2024, by and between the CITY OF CLOVERDALE, a general law City (the “City”), and Michael Maloney (“Employee”), collectively referred to as “Parties.”

RECITALS
A. The City employes Employee as City Clerk of the City of Cloverdale.

B. The City and Employee entered into that certain At-Will Employment Agreement dated __________,2022 (the “Original Agreement”) establishing the terms and conditions of Employee’s employment.

C. The City Council and Employee have negotiated a change to Employee’s salary.

D. The City Manager, through his appointing power, and Employee, desire to agree in writing to the terms and conditions of Employee ‘s employment as City Clerk.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the Parties agree as follows:

1. Recitals. The above recitals are true and correct, and incorporated herein by reference.

2. Wages. Section 3(d)(i), Salary, of the original agreement is amended to read as follows:
“i. Salary: The base compensation will be One Hundred Eighteen Thousand Seven Hundred Four Dollars, and Thirty-Nine Cents ($118,704.39) annually. This is step 4 in the adopted City Clerk Salary Schedule. Employee will be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council. Employee’s salary will be reviewed approximately on or by May 2nd of each year in conjunction with an annual performance evaluation.”

3. Effective Date. The Effective Date of this First Amendment shall be the first day of the the first regular payroll period of the City commencing on or after May 2, 2024.

4. Effect. Except as provided explicitly in this First Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect.

5. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
166
Employment Agreement: City of Cloverdale – City Clerk, continued Page 2 IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its City Manager. It has also been executed by Employee. ________________________________ ________________________________ David Kelley, City Manager Michael Maloney, Employee
Attest
________________________________
Kevin Thompson, Acting City Clerk

APPROVED AS TO FORM
________________________________
Alex Mog, City Attorney
167

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Rev: March 2024
FLSA: EXEMPT
City of Cloverdale

CITY CLERK/PUBLIC INFORMATION OFFICER
The purpose of this job description is to define the general character and scope of responsibilities for persons occupying this job classification. It is not intended to describe or list every duty or task for this classification.

DEFINITION
Under the administrative direction of the City Manager, plans, manages, oversees and directs the operations and services performed by the City Clerk’s Department; administers municipal elections in coordination with the County; provides policy guidance and professional assistance to City departments; ensures compliance with Conflict of Interest laws and FPPC regulations; plans, directs, and oversees the development, implementation and maintenance of records management; coordinates activities with other City officials and outside agencies; provides complex staff support to the City Council and City Manager; serves as the City’s Public Information Officer; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS
The City Clerk is a full-time, administrative management level classification, which exercises full responsibility for all functions and operations of the City Clerk including responsibility for overall policy development, program planning, fiscal management, and administrative duties. The incumbent manages the administration of the City Council and Planning Commission agenda review processes and the preparation of agendas; attends meetings and prepares minutes for legislative bodies; administers the commission appointment process; develops and maintains the systems for managing a citywide document and records management program including records retention and destruction; administers municipal elections and enforces federal, state, and local laws, including campaign financing, public records, meeting notices, and conflict of interest management.

Incumbent provides complex technical and administrative support and advisement to the City Manager, Management Team, City Council, and employees on matters related risk management, city clerk, and the City’s policies and procedures.

DESIRABLE QUALIFICATIONS
Knowledge of:

Administrative principles and methods including goal setting, program development and implementation and budgeting.
• Current principles, practices and techniques of municipal records management. 168

Page 2 ends

Rev: March 2024
• Laws and regulations regarding the maintenance, retention, destruction, and release of records and information.
• Applicable federal, state and local laws, codes and regulations . pertaining to the conflict of interest, fair political practices, open meeting notices and municipal elections
• Procedural requirements as they relate to claims processing. • Principles, methods and practices of risk management. • Current office procedures, equipment and computer software applications. • Techniques and methodologies for conducting research and surveys. • Proper business English usage, spelling, grammar and punctuation. • Business and statistical mathematics.

Ability to:
• Attend evening meetings as required
• Understand, interpret, explain and apply a variety of complex policies, procedures and applicable laws, codes, and regulations.
• Prepare clear, concise, and accurate correspondence, documentation, records, reports, and meeting minutes.
• Accurately and promptly provide information to the public, employees and other agencies. • Investigate and obtain basic data necessary to evaluate solutions to complex problems. • Exercise independent judgment, discretion, initiative and political awareness. • Collect and analyze statistical data; conduct research and special projects as assigned. • Accurately and promptly provide information to the public, employees and other agencies. • Operate office equipment and computer terminals, including related software applications such as Microsoft Word, Excel, and Outlook, at a high level of skill and accuracy. • Establish and maintain effective working relationships with employees, supervisors, outside agencies and the public.
• Communicate with tact and discretion both orally and in writing. • Act with integrity, ingenuity and inventiveness in the performance of assigned tasks. • Meet deadlines and handle multiple work projects.
• Develop promotional strategies or plans.
• Write compelling and accurate media articles, develop brochures, media posts, and flyers; and develop informative and persuasive program promotional material. • Collaborate with others in marketing and outreach activities.

EXAMPLES OF DUTIES
• Responsible for all City Clerk’s Office activities and services as directed by State law and City ordinance, including activities associated with the production, publication, and maintenance of City records, legislative agendas, and minutes relating to City Council, Planning Commission, Subcommittees and other board and commission activities, coordinates activities with other City officials, departments, outside agencies, organizations and the public.
• Develops, implements and maintains departmental goals, objectives, policies, and procedures; advising the public, elected officials and staff in the interpretation of City and department policies.
169

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Cloverdale City CouncilApril 24, 2024

Cloverdale City Council
April 24, 2024