Cloverdale City Council
July 24, 2024

City Council Meeting Minutes - July 24, 2024 - Page 1 of 6 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - FINAL

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

COMMUNITY DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS WEDNESDAY, JULY 24, 2024

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
CLOSED SESSION - 4:30 PM

1. OPENING CLOSED SESSION

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

1.B Roll Call

Present: Mayor Lands, Vice Mayor Wheeler, Councilmembers 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 4:30 p.m.

3.A PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(B)
Title: City Manager
Councilmember Bagby joined Closed Session at 4:37 p.m.

Updated Roll Call:

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

Absent: None.

Councilmember Bagby left Closed Session at 4:49 p.m.

The item was received and filed.

City Council Meeting Minutes - July 24, 2024 - Page 2 of 6

3.B 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) City Manager Kelley entered Closed Session at 5:04 p.m.

Councilmember Bagby returned to Closed Session at 5:06 p.m.

The item was received and filed.

OPEN SESSION - 6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6:05 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
Alissa Borrash spoke regarding the Cloverdale Historical Society and United Church of Cloverdale letter (C.1)
C. COMMUNICATIONS
C.1 Public Correspondence:
• Public Correspondence - Cloverdale Historical Society and United Church of Cloverdale • Public Correspondence - Elliot
• Public Correspondence - Jack
• Public Correspondence - Koslowsky
• Public Correspondence - Koslowsky 2
City Council Meeting Minutes - July 24, 2024 - Page 3 of 6 D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS / RECOGNITIONS
E.1 Disability Pride Month
Mayor Lands read the proclamation.

Recipient(s): Marci Reasoner and Cloverdale Unified School District Representatives and Students.

E.2 National Night Out
Mayor Lands read the proclamation.

Recipient: Police Chief Parker.

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) None
Abstain: (0) None

Absent: (0) None
G.1 Minutes Approval - June 26, 2024
Action: Approved as submitted.

G.2 Annual Adoption of a Resolution to Approve the Ad Valorem 2024-25 Tax Rate for Inclusion on Property Tax Bills to Fund CalPERS Retirement Expenses Action: Resolution Adopted
RESOLUTION NO. 037-2024 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVERDALE SETTING THE AD VALOREM TAX RATE FOR PUBLIC EMPLOYEE RETIREMENT SYSTEM RETIREMENT BENEFITS FOR FISCAL YEAR 2024-25 G.3 Parking Citation Processing for the Cloverdale Police Department Action: Resolution Adopted
RESOLUTION NO. 038-2024 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AGREEMENT WITH DATA TICKET INC. TO

PROVIDE ALL PARKING CITATION PROCESSING SERVICES FOR THE CITY OF CLOVERDALE FOR THE AMOUNT NOT TO EXCEED $3,000 ANNUALLY FOR THE TERM

OF THE CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID

AGREEMENT
City Council Meeting Minutes - July 24, 2024 - Page 4 of 6 G.4 Reappointment of Cory Cadle to the Planning Commission as a regular member with a term expiration of July 24, 2028, and the reappointment of Chad Asay as a regular Planning Commission member with a term to expire July 24, 2028
Action: Planning Commissioner Reappointments Approved
G.5 Agreement With Utilitac Equipment And Upfitting For The Purchase Of One 2023 Dodge Durango (JSDDA23) And One 2024 Silverado PPV (WH24SILPPV) Police Vehicle With The Necessary Equipment Installed
Action: Resolution Adopted
RESOLUTION NO. 039-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVERDALE APPROVING A PURCHASE AGREEMENT WITH UTILITAC

EQUIPMENT AND UPFITTING TO PROVIDE TWO PATROL VEHICLES WITH INSTALLED

EMERGENCY EQUIPMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY SEVEN THOUSAND FIVE HUNDRED FORTY DOLLARS ($147,540) AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND APPROVING A BUDGET AMENDMENT TO THE FY 2024-25 BUDGET TO TRANSFER FROM PUBLIC FACILITIES IMPACT FUND INTO PUBLIC SAFETY OPERATIONS THE AMOUNT OF $17,540 G.6 Consideration and possible action to declare all weeds growing within the City to be a public nuisance and declaring the City’s intention to remove and abate the same upon specified private properties under and in accordance with the provisions of the City of Cloverdale Municipal Code Chapter 8.16, entitled Weed Abatement
Action: Resolution Adopted
RESOLUTION NO. 040-2024 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF CLOVERDALE DECLARING ALL WEEDS GROWING WITHIN THE CITY TO

BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE

THE SAME UPON SPECIFIED PRIVATE PROPERTIES UNDER AND IN ACCORDANCE

WITH THE PROVISIONS OF THE CITY OF CLOVERDALE MUNICIPAL CODE CHAPTER

8.16, ENTITLED WEED ABATEMENT
H. PUBLIC HEARINGS
H.1 Introduction and first reading of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to more clearly define the off-street parking standards for recreational vehicles in residential areas Assistant City Manager Thompson presented and responded to Councilmember inquiries and comments.

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

Bob Cox spoke in support of the Ordinance and provided suggestions.

Mayor Lands closed the Public Hearing at 6:36 p.m.

Staff responded to Councilmember inquiries and comments.

City Council Meeting Minutes - July 24, 2024 - Page 5 of 6 Council provided suggested amendments to the proposed ordinance.

Mayor Lands re-opened the Public Hearing at 6:45 p.m.

Dan Wilson spoke in support of the ordinance and provided suggestions.

Mayor Lands re-closed the Public Hearing at 6:47 p.m.

A motion was made by Councilmember Bagby, seconded by Vice Mayor Wheeler, to continue the item to a date certain of August 14, 2024.

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. NEW BUSINESS
I.1 Proposed ¾ Cent Sales Tax Measure for November 5, 2024 Ballot City Manager Kelley introduced the item and City Attorney Mog presented and responded to Councilmember inquiries and comments.

Public Comments:

Bob Cox spoke regarding the item.

Daniel Frankston spoke regarding the item.

Ken Christopherson spoke regarding the item.

A motion was made by Councilmember Bagby to amend the resolution from a ¾ cent sales tax to a ½ cent sales tax.

The motion failed due to a lack of second.

Councilmembers provided additional comments.

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

RESOLUTION NO. 041-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVERDALE CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION ON NOVEMBER 5, 2024, TO CONSIDER THE CITY OF CLOVERDALE MEASURE TO ENACT A ¾ CENT GENERAL TRANSACTIONS AND USE TAX (SALES

TAX), AND REQUESTING 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.

The motion carried by the following vote:

City Council Meeting Minutes - July 24, 2024 - Page 6 of 6 Yes: (4) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Morgenstern, Wolter No: (1) Councilmember Bagby
Abstain: (0)

Absent: (0)
J. SUBCOMMITTEE REPORTS
Finance, Administration & Police: Chair Lands and Vice Chair Wolter Last Meeting Agenda | Next Meeting - August 5, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 14, 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 - August 20, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - August 5, 2024
K. COUNCILMEMBER REPORTS
Oral Reports: None.

K.1 Written Reports:

Councilmember Bagby provided.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Letter of Support - TIRCP Cycle 7 SMART Application City Manager Kelley reported.

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

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:23 p.m. to the next regular meeting of the Cloverdale City Council scheduled for August 14, 2024.

APPROVED ON: August 14, 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 - 4:30 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):

3.A PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(B)
Title: City Manager

3.B 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) AGENDA

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

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

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

C.1 Public Correspondence:

D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS / RECOGNITIONS
E.1 Disability Pride Month
Recipient: Marci Reasoner and Representatives
E.2 National Night Out
Recipient: Police Chief Parker
F. PRESENTATIONS
None.

G. CONSENT CALENDAR
Public Correspondence - Cloverdale Historical Society and United Church of Cloverdale Public Correspondence - Elliot
Public Correspondence - Jack
Public Correspondence - Koslowsky
Public Correspondence - Koslowsky 2
Proclamation - Disability Pride Month 2024
Proclamation - National Night Out 2024
2 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 Minutes Approval - June 26, 2024
Recommended Action(s):

Approve the June 26, 2024 Draft Minutes
G.2 Annual Adoption of a Resolution to Approve the Ad Valorem 2024-25 Tax Rate for Inclusion on Property Tax Bills to Fund CalPERS Retirement Expenses
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Setting the Ad Valorem Tax Rate for Public Employee Retirement System Retirement Benefits for Fiscal Year 2024-

25."
G.3 Parking Citation Processing for the Cloverdale Police Department Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution Of The City Council Of The City Of Cloverdale Approving An Agreement With Data Ticket Inc. To Provide All Parking Citation Processing Services For The City Of Cloverdale For The Amount Not To Exceed $3,000 Annually For The Term Of The Contract And Authorizing The City Manager To Execute Said Agreement.” G.4 Reappointment of Cory Cadle to the Planning Commission as a regular member with a term expiration of July 24, 2028, and the reappointment of Chad Asay as a regular Planning Commission member with a term to expire July 24, 2028
Recommended Action(s):

By motion, approve Mayor Lands proposed reappointment of Cory Cadle moving him from an alternate to regular member of the Planning Commission for a term to expire on July 24, 2028, and the reappointment of Chad Asay as a regular Planning Commission member with a term to expire July 24, 2028.

G.5 Agreement With Utilitac Equipment And Upfitting For The Purchase Of One 2023 Dodge Durango (JSDDA23) And One 2024 Silverado PPV (WH24SILPPV) Police Vehicle With The Necessary Equipment Installed
June 26, 2024 - Draft Minutes
Agenda Report
Attachment 1 - Resolution
Attachment 2 - PERS Rate Calculation
Attachment 3 - County Correspondence
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Scope of Work
Attachment 3 - Exhibit B - Parking Fee Schedule
Attachment 4 - County Parking Termination Letter
Attachment 5 - Data Services Overview
Agenda Report
3 Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale approving a Purchase Agreement with Utilitac Equipment and Upfitting to provide two patrol vehicles with installed emergency equipment in an amount not to exceed One Hundred Forty Seven Thousand Five Hundred Forty Dollars ($147,540) and authorizing the City Manager to execute said agreement and approving a budget amendment to the FY 2024-25 budget to transfer from Public Facilities Impact Fund into Public Safety Operations the amount of $17,540 G.6 Consideration and possible action to declare all weeds growing within the City to be a public nuisance and declaring the City’s intention to remove and abate the same upon specified private properties under and in accordance with the provisions of the City of Cloverdale Municipal Code Chapter 8.16, entitled Weed Abatement
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale declaring all weeds growing within the city to be a public nuisance and declaring its intention to remove and abate the same upon specified private properties under and in accordance with the provisions of the City of Cloverdale Municipal Code Chapter 8.16, entitled weed abatement.” H. PUBLIC HEARINGS
H.1 Introduction and first reading of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to more clearly define the off-street parking standards for recreational vehicles in residential areas
Recommended Action(s):

Introduction and First Reading by title only and waiving reading of the text, of an Ordinance Entitled:
“An Ordinance of the City of Cloverdale amending Section 18.11.060; Recreational Vehicle Parking of the Cloverdale Municipal Code.”
I. NEW BUSINESS
I.1 Proposed ¾ Cent Sales Tax Measure for November 5, 2024 Ballot Recommended Action(s):

Adopt a Resolution Entitled: “Resolution of The City Council Of The City of Cloverdale Calling And Giving Notice of the Holding of An Election On November 5, 2024, to Consider the City of Cloverdale Measure to Enact a ¾ Cent General Transactions and Use Tax (Sales Tax), and Requesting 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.

Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Budget Amendment Form
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - FIre District Letter
Public Correspondence
Agenda Report
Attachment 1 - Draft Ordinance
Agenda Report
4 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 - August 5, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 14, 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 - August 20, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - July 23, 2024 and August 5, 2024 K. COUNCILMEMBER REPORTS
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
None.

L.1 Letter of Support - TIRCP Cycle 7 SMART Application M. CITY MANAGER/CITY ATTORNEY REPORTS
Staff may provide written and or verbal informational 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 next regular meeting of the Cloverdale City Council scheduled for August 14, 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 Attachment 1 - Resolution
Attachment 2 - Exhibit A - Draft Ordinance
Attachment 3 - Presentation
Public Comments
Councilmember Bagby
2024 TIRCP Cycle 7 SMART Application - Letter of Support 5 quesBons or enter into dialogue with commenters. Comments may also be submiNed 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 wriNen correspondence delivered to the City of Cloverdale, or prior to, the public hearing.

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: July 18, 2024 | Time posted: 4:39 p.m. | City Clerk Signature: s/Mike Maloney Updated July 24, 2024 - 2pm

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 7
8 9
From: Debra Jack <[email protected]>
Sent: Monday, July 1, 2024 3:52 PM
To: Todd Lands <[email protected]>
Cc: Brian Wheeler <[email protected]>; David Kelley <[email protected]>; Derrick Montanye <[email protected]>; Gus Wolter <[email protected]>; Kevin Thompson <[email protected]>; Marjorie Morgenstern <[email protected]>; Melanie Bagby <[email protected]>; Susie Holmes <[email protected]>
Subject: Fireworks sale
Mayor, city council members and city office team,
Given this week’s temps, Cal Fire fireworks ban and fire advisory, can we please make an emergency order to ban the sale of fireworks in Cloverdale this year? This has to be the most reckless move we’ve ever made in this town. Just two weeks ago we saw how quickly a fire could start, well in advance of our typical fall “fire season”.

I understand this is a fundraiser for the Veterans but there are other ways to raise funds. I’m not saying ban them forever and go against the community vote — just please stop them this year. Why are we putting the Vets’ wishes ahead of all of us residents and the Cal Fire team that’s already got their hands full?
So many of are seeing our insurance sky rocket - that is when we’re lucky enough to find a carrier. How can you let this sale happen in all good conscience? I look forward to hearing from you.

Debra Jack
321 N Cloverdale Blvd
10 From: ROB KOSLOWSKY
To: ROBERT KOSLOWSKY
Subject: More Tinkering With Our PG&E Electric Bill
Date: Sunday, July 14, 2024 11:26:04 PM
More Tinkering With Our PG&E Electric Bill
— A fixed charge added to ever-increasing rates
“On May 9, with next to no opportunity for public input, the California Public Utilities Commission imposed a new $24.15 monthly flat fee for customers of the state’s three investor-owned utilities, including PG&E.” - Thumbs Down: No relief from utility rates, Press Democrat Editorial Board, June 4, 2024.

The dreaded receipt of the monthly electric bill just got even more cringe worthy. In addition to rising electric rates, a fixed monthly charge is about to be added. The imposition of a flat fee of $24.15, ironically, destroys the incentive to conserve energy. The fee begins in 2025, and California utility customers pay the monthly $24.15 [1] even if they don’t turn on the lights.

Giving up on conservation was ordered by Alice Reynolds, president of the California Public Utilities Commission (CPUC): “We’re at a time now when our climate goals are not met by necessarily using less electricity. We need to start using more electricity overall.” Her argument was bolstered by a temporary reduction in rates when the fixed charge kicks in, but such a reduction will be temporary and quickly overtaken by additional rate hikes [2].

One Sonoma County resident wrote about these incessant rate hikes in a letter to the Press Democrat on May 19, 2024: “I received my PG&E statement and there . . . were five inserts — one of which was another ‘Notice of Pacific Gas and Electric Company’s Request to Increase Rates …’ I have a rhetorical question: Is there ever going to be a time when our PG&E statements will not include a flyer about a rate increase? Just wondering.”
Rate increase after rate increase has become the norm. Now, without a cap on fixed charges, look for flat fee increase after flat fee increase going forward. Note that more fee increases are in the works. As the Press Democrat reported, “The fixed charge isn’t big enough to cover all the utilities’ fixed costs [3].”
Meanwhile, PG&E is running television ads telling us how wonderful they are. After 30 years of telling customers it was too expensive to underground power lines, these same power lines are being moved underground [4], for which customers have to shell out more money for a second time for the exact same connection. Don’t be surprised if customers pay for a third time when these lines have to be replaced with 11 higher capacity electric wires and transformers to accommodate the allelectric mandates for home appliances and electric vehicle charging stations. Meanwhile the head of the CPUC gleefully encourages California residents to use more electricity.

Is it any wonder heads are spinning? Golden Staters have been told to conserve water and electricity, but starting in 2025, forget all that. Don’t conserve electricity anymore because we have so much of it being produced . . . at least during the day, when it’s sunny, which for an entire 365 days of year, is only 28 percent of the time. As Ken Cook, president of the Environmental Working Group, said, “If you wanted to design a policy instrument that would send the signal that conservation doesn’t count, this would be it.”
Yup, heads are spinning, just like the electric meter. Instead, maybe heads should roll in places like the CPUC, CEC, BSC [5], and the state legislature.
“California Assembly Speaker Robert Rivas threw 4 million households under the proverbial bus when he killed a bill to protect ratepayers like you and me. Now those 4 million households will see a $24 hike in their monthly utility bills. And that hike has no cap, which means very likely more to come.” - Jane Bender, Santa Rosa, Letter to the Editor, Press Democrat, May 19, 2024. “At PG&E, we understand that energy prices are rising . . . Those increases are helping us build a safer, more reliable and cleaner energy system . . . [yet] we’re working hard to reduce your bill in 2025 and 2026.”
- Higher rates pay off, PG&E’s Dave Canny, VP, Letter to the Editor, Press Democrat, July 5, 2024.
[Awkward . . . Doesn’t Mr. Canny realize that PG&E’s “flat fee begins in 2025, and California utility customers pay the monthly $24.15 even if they don’t turn on the lights?”] [1] “For most people, the charge will be $24.15 per month and will take effect starting late next year. Others with lower incomes who are enrolled in one of two discount programs will pay less, either $6 or $12 per month.”
- Adam Beam, Power bills to change next year, Associated Press, May 10, 2024. [2] Through May 1, 2024, “the company’s customers have seen monthly electric bills increase by an average of 18% this year.”
- Katherine Blunt, PG&E Nears Deal With KKR for Stake in Power Business Spinoff, WSJ, May 1, 2024.
[So, the proposed rate reduction of around 11% accompanying the monthly flat fee, offers no savings at all. Plus further rate increases are planned.] [3] Flat-rate utility bills deserve a flat no, Press Democrat Editorial Board, May 9, 2024. [4] Power line under-grounding, paid for by rate increases, is being slow-rolled: “[The] California Public Utilities Commission (CPUC) is about to give PG&E a pass on having to bury thousands of miles of power lines. It’s an abdication of CPUC’s responsibility to ensure a reliable electricity supply and keep residents safe. As Bryan Bucklew, CEO of the Hospital 12 Council of Northern & Central California wrote, ‘The California Public Utilities Commission has proposed slashing PG&E’s plan to bury power lines in communities at highest wildfire risk from 2,000 miles to as little as 200 miles between 2023 and 2026. The commission suggests ‘covered’ overhead power lines as an alternative . . . That’s a shortsighted answer.

Keeping power lines — even coated ones — above ground in vulnerable areas requires periodic power shutoffs that can impede hospitals’ ability to care for patients. The safety of those in need should be the driving factor behind any decision by the CPUC.’” - Bryan Bucklew, Burying power lines will protect hospitals, Press Democrat, Oct 12, 2023, and - PG&E’s Federal Loan To Bury Electric Lines, R.K. Koslowsky, submitted October 30, 2023.
[5] It’s alphabet soup: CPUC-California Public Utilities Commission that claims it helps Californians receive “safe, clean, and affordable utility services;” CEC-California Energy Commission pushing for 100% all-electric living led primarily by intermittent solar power production; BSC-Buildings Standards Commission celebrating 15 years of Cal Green and its imposed added costs of at least $130,000 for new construction of a single family home, which drives up the selling price of a new build by a quarter-of-a-million dollars.

NEWS FLASH:

Federal Handouts to pay Corporations to Stay in America Under the Green New Deal, Yet Americans Electric Bills Rise Unabated to Pay for Biden’s Subsidies:
“For every dollar increase in the price of a megawatt-hour of electricity, Century [Aluminum] said it costs the company at least $3 million in annual profit . . .

Renewable power currently costs about $10 more per megawatt-hour than electricity generated by conventional power plants using coal or natural gas, according to analysts. The price gap could be narrowed with a provision in the Inflation Reduction Act that allows primary aluminum producers to receive a federal tax credit for up to 10% of their production expenses, including electricity.”
- Bob Tita, The Challenge of Building a New Plant-Paying the Electric Bill, WSJ, July 8, 2024.

Rob Koslowsky
Author of The Tubbs Fire.

Also author of The Upstart Startup & Breach of Trust.

Author's page
13 From: ROB KOSLOWSKY
To: ROBERT KOSLOWSKY
Subject: California Legislators Skirt Proposition 13 and the State Bureaucracy Targets Homeowners Date: Monday, July 22, 2024 6:07:20 AM
California Legislators Skirt Proposition 13 and the State Bureaucracy Targets Homeowners
“Instead of implementing the [Inflation Reduction Act] law as intended, unelected ideologues, bureaucrats and appointees seem determined to violate and subvert the law to advance a partisan agenda that ignores both energy and fiscal security.

Specifically, they are ignoring the law’s intent to support and expand fossil energy and are redefining ‘domestic energy’ to increase clean-energy spending to potentially deficit-breaking levels.”
- Joe Manchin, Biden’s Inflation Reduction Act Betrayal, WSJ, March 30, 2023 Fleecing homeowners has become a popular pastime of state and county government. On top of that, unelected boards sporting three-letter (BSC, CEC), four-letter (CARB), and multi-letter (BAAQMD, BAHFA) acronyms pile on a myriad of fees and extra taxes associated with onerous regulatory mandates. The flouting of energy and fiscal security is stunning and the lack of accountability is shocking.

There appear to be two ways our elected and bureaucratic-appointed governing committees target and forcibly extract money from homeowners.

First, there is the ‘below the line' group that goes after homeowners and small businesses with higher property taxes.

Second, there are the ‘above the line groups’ that target homeowners to pay more just to keep their property or to raise such oppressive regulatory mandates that they are forced to sell their property.

The First Fleecing: Legislators Keep Skirting Proposition 13 Proposition 13 keeps property taxes in check [1]. However, “most homeowners now see a big dollar amount ‘below the line’ on their [property] tax bills. That’s where the politicians put parcel taxes, homeowner bond debt and any other taxes paid only by property owners.” To raises these added taxes to one’s property tax bill [2], “overspending politicians see ‘below the line’ as their best way to raise your property taxes and the ONLY thing slowing them down is Prop 13’s twothirds vote rule.” “Prop. 13 requires a two-thirds vote to impose new taxes, including parcel taxes and bond debt.” But wait, politicians in Sacramento seek to eliminate the two-thirds rule to sock it to homeowners from another direction [3], loading up property owners’ annual property tax bill.
14 “When Californians vote on parcel taxes and bonds, many decide based on the issue (like schools), not even realizing these are taxes. BUT the fact is . . . everyone votes on these taxes, but only homeowners pay them - the very reason for the two-thirds rule.”
Watch out for another set of state Constitutional Amendments in 2024 — ACA-1 and ACA-13 — that are “advancing in Sacramento that would create exceptions to Proposition 13’s two-thirds vote rule.”
“By undercutting the two-thirds vote, politicians hope to increase ‘below the line’ homeowner taxes by billions — taking back all of Prop. 13’s $528 billion in property tax savings if they can get away with it.”
Such amendments “will lead to new tax hikes that could cost each individual homeowner thousands of dollars every year.” Be sure to vote NO! on ACA-1, ACA-13, and Proposition 5 [4] at the polls in November.

At the federal level, West Virginia Senator Joe Manchin said [5] a big step is “for Mr. Biden to instruct his administration to implement the Inflation Reduction Act as written and stop redefining its credits and other subsidies. That alone would save the American taxpayer hundreds of billions of dollars in needless spending.”
The Second Fleecing: Appointed Committees Sock it to
Homeowners
Regulatory mandates on behalf of climate change, net zero policy proposals, decarbonization pushes, all-electric living in the name of energy efficiency, and onerous building standards compel homeowners to suffer through massive monthly dollar payouts for higher energy costs (especially electricity) and increasing financial burdens for maintaining their property.

Bad public policy is being driven in the following areas, harming homeowners:

Mandated rooftop solar (through building codes — CEC & BSC) Mandated back-up battery systems (through building codes — BSC) Banning of gas furnaces and gas water heaters in favor of heat pump versions, which utilize significantly higher greenhouse gas warming refrigerants than natural gas appliances (through committee rule changes or new regulations — BAAQMD)
Banning of natural gas dryers in favor of heat-pump versions — BSC & BAAQMD
Mandating of all-electric new construction, even though each thousand dollars of increased construction costs puts home ownership further out of reach for more Californians by adding at least $50,000 more in costs to each new all-electric home [6] — CEC & BSC 15 Executive Order to force the purchase of all-electric vehicles and their associated electric chargers — Governor Newsom & CARB [7] Executive Order to force the purchase of all-electric landscaping equipment (e.g. lawn mowers, leaf blowers, weed whackers, and more) — Governor Newsom & CARB
Setting aside activists’ ideology for the moment, those in government with good intentions become meaningless unless they’re followed by good actions. My experience with activists and politicos is that good intentions do not lead to good public policy or even to good outcomes for residents.

It is not enough to simply mean to do well, one must take actions that produce well-being. Trading in one crisis for another is bad for humans, harmful to the environment, destructive to biodiversity, and costly to homeowners and renters.

I suggest the state and its unelected commissions try a different approach.

Enact policies that help residents become more resilient, maintain choice, keep independence, lower taxes [8], and achieve their dream of an affordable single family home. It would be great to have a Golden State once again, one that doesn’t rank last in the union for personal income growth!
“Recent actions make clear to me that the Biden administration is determined to pursue an ideological agenda rather than confront the clear and present danger that debts and deficits pose to our nation.”
- Joe Manchin, Biden’s Inflation Reduction Act Betrayal, WSJ, March 30, 2023. “But that’s today’s media for you: so cocksure of their intimacy with The Truth because they know that no one (or no one they need to listen to or care about) will challenge them by demanding that they put up or shut up.” - James Bowman, The last of America, The New Criterion, April 2023. [1] Quotation extracts from a March 2023 mailer from Howard Jarvis Taxpayers Association, p.2.
[2] Homeowner bond debt is reaching an epidemic level in 2024. Furthermore, such debt no longer helps local residents. Property tax increases on the order of $400 more annually could be redirected to fund both regional and state government bureaucracies if November 2024 ballot measures are approved, as follows:

First, a proposed property tax in the form of a bond measure will “penalize” Cloverdalians for already meeting its low-income housing goals. This regional property tax adds almost $200 per year to pay for the Bay Area Housing Authority’s organization of 52 people and its $100 million budget which plans to take in and then dole out our property tax money for which Cloverdale will see zero benefit. That is more money than the current Cloverdale bond money approved in 2010 supporting local services.

Second, a proposed property tax that adds another $100 per year to pay for a statewide climate bond, that duplicates what’s already in place with other existing taxes and fees. California voters are being asked to pay, again, for another $10 billion bond (an ask, recently reduced from $15.5B) to fund duplicate projects related to reducing fire risks, slowing and capturing runoff to improve groundwater infiltration, protecting 16 coastal communities from sea-level rise, and helping big cities lower heat-island effects through greening projects and adding cooling centers, which already exist.

Third, a proposed property tax that adds another $100 per year to pay for statewide education. It’s not a local property tax to support local schools, but more property taxes in order to fund the over-spending state coffers in the name of supporting students after having hurt them during the Covid era. If passed this funding would also go to support duplicate library systems found in schools.

Just say “NO!” to these three bond measures.

The ‘good’ news: the City of Cloverdale withdrew its taxing proposal of raising property taxes by as much as $450 annually in favor of a more equitable sales tax increase proposal. [3] Besides seeking to jack up property taxes by skirting Prop. 13, politicians use their appointed boards as political cover to raise fees and subsidies to push an activist-inspired green agenda.

See also California Homeowners Targeted – Sock it to ‘em! R.K. Koslowsky, submitted September 23, 2020: “State leaders are not shy in targeting unsuspecting property taxpayers through building code changes. They write, ‘Transportation, industry, and agriculture will be the hardest sectors to decarbonize by 2050, so the buildings sector must exceed 80 percent reductions in order to meet the state’s goal.’” Sock it to Me!
“Not only are homeowners (residential buildings) being targeted, but they are also being forced to compensate for other sectors, such as industry and transportation. As the sixties television show, Rowan & Martin’s Laugh-in, used to say, ‘Sock it to me!’”
[4] Proposition 5 seeks to lower the threshold for passage of future taxes on property owners, targeting homeowners, from 66.67% to 55% for local special taxes and bond measures. Be sure to vote, “NO!” for such measures. [5] Joe Manchin, Biden’s Inflation Reduction Act Betrayal, WSJ, March 30, 2023. [6] Confiscation of Rooftops, R.K. Koslowsky, submitted March 15, 2020: “New homeowners will see the cost of their new homes rise from between $30,000 to $50,000. Current property owners will be faced with a minimum $132,000 tab to retrofit their homes to all-electric service as the state’s utility operators are forced to turn off the gas to community after community in the next decade.”
[7] Hoodwinking the Homeowner, R.K. Koslowsky, submitted March 1, 2020. As I wrote three years ago, “Soon, an EV car will be classified as an electric appliance, mandated for use by homeowners in the State of California.

Government creates the all-electric market for the home and for personal transportation. Along the way, the government will also commandeer the power you generate from retrofitted all-electric homes in order to stabilize PG&E’s overburdened and failing electric grid. Homeowners, through costly reach codes, bear the entire upfront capital costs. Property owners are being compelled to install a rooftop solar system ($25,000), provision for an allelectric vehicle charger in the garage ($2,000), install solar battery backup ($30,000), and eventually buy an EV ($45,000 - $125,000). This over-reaching ‘grand’ plan makes residents operate as a utility producer, become a utility storage resource and compelled to supply power back to the electric grid when it’s over-taxed. That latter item deals with the costly vehicle-to-grid interface you’ll soon be compelled to purchase too, not to mention further increased electric rates to the tune of 30 percent for upgrading the ignored electrical infrastructure.” [8] “The Bureau of Economic Analysis (BEA) late last week published its 2022 report on state personal income growth, and it deserves more media attention than it’s been getting, which is none . . . California ranked last.” Source: California Comes in Last in Personal Income Growth, WSJ Editorial Board, April 7 2023 Rob Koslowsky
Author of The Tubbs Fire.

Also author of The Upstart Startup & Breach of Trust.

Author's page
17 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PROCLAIMING JULY 2024 AS DISABILITY PRIDE MONTH
WHEREAS, Disability Pride Month is celebrated nationally in the month of July and is an opportunity to honor the history, achievements, experiences, and struggles of the disability community; and WHEREAS, this month marks the anniversary of the Americans with Disabilities Act of 1990 (ADA), landmark legislation that broke down barriers to inclusion in society; and WHEREAS, it is important to take time this month to reflect on the disability rights movement and the progress that has been made; and
WHEREAS, the City of Cloverdale recognizes that one of its greatest strengths is the diversity of its people and believes in the dignity of all disabled individuals, supporting equity, and ensuring that acts of discrimination and hatred will not be tolerated; and
WHEREAS, disabled individuals contribute to our community’s success and strength in a great number of immeasurable ways; and
WHEREAS, disabled individuals continue to face discrimination for something out of their control and for being who they are, continue to be a target of violence and harassment and continue to persist through the efforts of the disabled community and the support of community agencies, businesses, and individual allies; and
WHEREAS, discrimination on the basis of disability is often compounded with discrimination based on race, sexual orientation and gender identity, immigration status, religion, and age, among others; and WHEREAS, the City of Cloverdale strives to promote inclusivity and lead in creating a community based on disability equity through its actions, laws, employees, and commissions; and NOW, THEREFORE, BE IT PROCLAIMED, that I, Mayor Lands, and the City Council of the City of Cloverdale, do hereby proclaim July 2024 as, "Disability Pride Month" in Cloverdale and invites all to join in celebrating the persistence and achievements of the disabled community.

Dated: July 24, 2024
SO ORDERED:
_______________________
Todd Lands, Mayor
18 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PROCLAIMING AUGUST 6TH, 2024, AS NATIONAL NIGHT OUT
WHEREAS, seeing a need to involve both community watch groups and community members in neighborhood safety efforts, the National Association of Town Watch (NATW) started National Night Out (NNO).

WHEREAS, NNO began in August of 1984 through an already-established network of law enforcement agencies, neighborhood watch groups, civic groups, state and regional crime prevention associations, and volunteers across the nation.

WHEREAS, Starbucks, ADT, 711 Cares Foundation, Swank Motion Pictures, Associa and L.E.A.D. are sponsoring its 41ST annual nationwide crime, drug, and violence prevention program on August 6, 2024 entitled "National Night Out"; and
WHEREAS, the "41th Annual Night Out" provides a unique opportunity for Citizens of Cloverdale to join forces with thousands of communities across the State of California in promoting cooperative, police­ community crime and drug prevention efforts; and
WHEREAS, the "National Night Out" event is a year-long community building campaign designed to heighten crime prevention awareness; generate support and participation in local anti-crime programs; strengthen neighborhood spirit and police-community partnerships and send a message to criminals to let them know that neighborhoods are organized and are fighting back; and
WHEREAS, local citizens play a vital role in assisting police agencies through joint crime, drug, and violence prevention efforts; and
WHEREAS, police-community partnerships, neighborhood safety, awareness, and cooperation are important themes of the "National Night Out" program; and
WHEREAS, the Cloverdale Police Department has continued their commitment to excellence in service and to working together with the community to keep them safe.

NOW, THEREFORE, BE IT PROCLAIMED that I, Todd Lands, Mayor of the City of Cloverdale do hereby recognize, on behalf of the Cloverdale City Council, August 6, 2024, as, "National Night Out" in Cloverdale and encourages all members of the community to continue to help make our community a safer and more enjoyable place to live, work and play.

Dated: July 24, 2024
SO ORDERED:

Todd Lands, Mayor
19 City Council Meeting Minutes - June 26, 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, JUNE 26, 2024
CLOSED SESSION: 4:30 PM

CLOVERDALE CITY HALL
124 N. CLOVERDALE BLVD. CLOVERDALE, CA, 95425
OPEN SESSION: 6:00 PM

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

CLOSED SESSION

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, Councilmembers: Morgenstern, Wolter

Absent: Vice Mayor Wheeler, Councilmember Bagby

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

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

Kristin Fish provided comments on Item 3.A

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

Mayor Lands recessed to Closed Session at 4:33 p.m.

3.A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Leach v. City of Cloverdale
Sonoma County Superior Court, Case No: 24CV02958
Name of Case: Fish v. David Kelley
Sonoma County Superior Court, Case No: 24SC00353
Item was received and filed.
20 City Council Meeting Minutes - June 26, 2024 - Page 2 of 7 Councilmember Bagby joined Closed Session at 4:44 p.m.

Updated Roll Call:

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

Absent: Vice Mayor Wheeler

3.B 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) Councilmember Bagby left Closed Session at 5:50 p.m.

Item was received and filed.

Mayor Lands adjourned Closed Session at 5:52 p.m.

OPEN SESSION - 6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6:05 p.m.

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

A.3 Roll Call

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

Absent: Vice Mayor Wheeler
A.4 Report Out on Closed Session
None.

A.5 Conflict of Interest Declaration
Councilmember Wolter recused from Item H.2 (Zone 1) and Mayor Lands recused from Item H.2 (Zone 2), due to conflicts of interest.

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

B. PUBLIC COMMENTS
Daniel Frankston spoke regarding Cannabis taxes.

C. COMMUNICATIONS
City Manager Kelley noted the Public written communications sent to Council since the last meeting, listed below in item C.1.
21 City Council Meeting Minutes - June 26, 2024 - Page 3 of 7 C.1 Correspondence:

October 2023 Survey Results Reminder - Fisher
On Property Tax Increases - Koslowsky
Sales Tax Measure - Frankston
Sock it to Homeowners Who Pay Property Taxes - Koslowsky Vacant lot on south end of Port Cr - Thomas
Sock it to Taxpayers Again - Koslowsky
Cloverdale Tax Measure - Evans
D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS / RECOGNITION
None.

F. PRESENTATIONS
None.

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

The motion carried by the following vote:

Yes: (4) Mayor Lands, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (1) Vice Mayor Wheeler
G.1 Approval of Minutes - May 8, 2024
Action: Approved as submitted
G.2 Approval of Minutes - May 22, 2024
Action: Approved as submitted
G.3 Approval of Minutes - June 12, 2024
Action: Approved as submitted
G.4 Consider Approval of City Council Meeting Cancellations for July 10, 2024, November 27, 2024, and December 25, 2024
Action: Cancellations Approved
G.5 Consider a Resolution Calling and Giving Notice of an Election to be Held on November 5, 2024 and Establishing Estimated Costs for Candidates’ Statements Action: Resolution Approved
22 City Council Meeting Minutes - June 26, 2024 - Page 4 of 7 RESOLUTION NO. 028-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, FOR THE ELECTION OF TWO (2) AT-LARGE MEMBERS OF THE CITY COUNCIL, AND THE ELECTION OF THE VACANT CITY TREASURER POSITION; REQUESTING THAT THE

SONOMA COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024,

AND AUTHORIZING THE SONOMA COUNTY REGISTRAR OF VOTERS TO CONDUCT AND

CANVASS THE RESULTS OF THE GENERAL MUNICIPAL ELECTION
RESOLUTION NO. 029-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE ESTABLISHING ESTIMATED COSTS FOR PRINTING, HANDLING, TRANSLATING, AND MAILING THE CANDIDATES STATEMENTS FILED PURSUANT TO RESOLUTION NO. 027- 2012 FOR THE CONSOLIDATED GENERAL ELECTION TO BE HELD IN THE CITY OF CLOVERDALE ON NOVEMBER 5, 2024
G.6 Consider a Resolution Establishing the Appropriations Limit for Fiscal Year 2024-25, Pursuant to Article XIIIB of the Constitution of the State of California Action: Resolution Approved
RESOLUTION NO. 030-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2024-25 G.7 Consider a Resolution revising the classification and pay range for Police Records Technician Action: Resolution Approved
RESOLUTION NO. 031-2024 ENTITELD: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING THE REVISED CLASSIFICATION OF POLICE RECORDS

TECHNICIAN AND THE RELATED PAY RANGE
H. PUBLIC HEARINGS
H.1 Consider a Resolution Establishing and Updating the Schedule of Fees and Charges for City Services and Repealing Previously Adopted and Conflicting Fees and Charges for Such Services
City Manager Kelley introduced the item and Finance Director Holmes presented.

Mayor Lands opened and closed the Public Hearing (Time not noted due to technical issues with the AV equipment)
A motion was made by Councilmember Bagby, seconded by Councilmember Morgenstern, to waive reading of the text and adopt:

RESOLUTION NO. 032-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE ESTABLISHING AND UPDATING THE SCHEDULE OF FEES AND CHARGES

FOR CITY SERVICES AND REPEALING THE PREVIOUSLY ADOPTED AND CONFLICTING FEES

AND CHARGES FOR SUCH SERVICES
23 City Council Meeting Minutes - June 26, 2024 - Page 5 of 7 The motion carried by the following vote:

Yes: (4) Mayor Lands, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (1) Vice Mayor Wheeler
H.2 Cloverdale Landscaping and Lighting Assessment District – Public Hearing, Approval of the Annual Engineer’s Report, and Resolutions Authorizing Assessments for Fiscal Year 2024-25
Finance Director Holmes introduced the item.

Mayor Lands opened and closed the Public Hearing at 6:21 p.m.

Mayor Lands rearranged the order of the resolutions to see the zones in the following order: Zone 3; Zone 4, 5, 6 and 7; Zone 1; Zone 2.

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

RESOLUTION NO. 033-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING THE ANNUAL ENGINEER’S REPORT, CONFIRMING THE

ASSESSMENT DIAGRAM AND THE ANNUAL ASSESSMENT AMOUNTS, AND

AUTHORIZING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR THE CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR ZONE 3
Additional Public comment: None
The motion carried by the following vote:

Yes: (4) Mayor Lands, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (1) Vice Mayor Wheeler
A motion was made by Mayor Lands, seconded by Councilmember Wolter, to waive reading of the text and adopt:

RESOLUTION NO. 034-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING THE ANNUAL ENGINEER’S REPORT, CONFIRMING THE

ASSESSMENT DIAGRAM AND THE ANNUAL ASSESSMENT AMOUNTS, AND AUTHORIZING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR THE CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR ZONES 4, 5, 6 AND 7 Additional Public comment: None
24 City Council Meeting Minutes - June 26, 2024 - Page 6 of 7 The motion carried by the following vote:

Yes: (4) Mayor Lands, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (1) Vice Mayor Wheeler
Councilmember Wolter left the dais at 6:23 p.m.

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

RESOLUTION NO. 035-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING THE ANNUAL ENGINEER’S REPORT, CONFIRMING THE ASSESSMENT

DIAGRAM AND THE ANNUAL ASSESSMENT AMOUNTS, AND AUTHORIZING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR THE CLOVERDALE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR ZONE 1 Additional Public comment: None
The motion carried by the following vote:

Yes: (3) Mayor Lands, Councilmembers: Bagby, Morgenstern No: (0)
Abstain: (1) Councilmember Wolter

Absent: (1) Vice Mayor Wheeler
Councilmember Wolter returned to the dais at 6:24 p.m.

Mayor Lands left the dais at 6:24 p.m.

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

RESOLUTION NO. 036-2024 ENTITLED: Resolution of the City Council of the City of Cloverdale Approving the Annual Engineer’s Report, Confirming the Assessment Diagram and the Annual Assessment Amounts, and Authorizing the Levying and Collection of Assessments for Fiscal Year 2024-25 for the Cloverdale Landscaping and Lighting Assessment District for Zone 2
Additional Public comment: None
The motion carried by the following vote:

Yes: (3) Councilmembers: Bagby, Morgenstern, Wolter
No: (0)
Abstain: (1) Mayor Lands

Absent: (1) Vice Mayor Wheeler
25 City Council Meeting Minutes - June 26, 2024 - Page 7 of 7 Mayor lands returned to the dais at 6:26 p.m.

I. NEW BUSINESS
None.

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 - July 1, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 14, 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 - August 20, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - July 23, 2024
K. COUNCILMEMBER REPORTS
K.1 Oral Reports:

Councilmember Bagby reported.

K.2 Written Reports
Councilmember Bagby submitted.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Attachment(s):

City Manager Kelley reported.

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

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 6:38 p.m. to the next regular meeting of the Cloverdale City Council scheduled for July 24, 2024.

APPROVED ON:
______________________
Mike Maloney, City Clerk
26 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

G.2
July 24, 2024
Agenda Section:

Consent
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title:

Annual Adoption of a Resolution to Approve the Ad Valorem 2024-25 Tax Rate for Inclusion on Property Tax Bills to Fund CalPERS Retirement Expenses
________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Setting the Ad Valorem Tax Rate for Public Employee Retirement System Retirement Benefits for Fiscal Year 2024-25.” ________________________________________________________________________________________ Background:

In 1974, the voters of the City of Cloverdale approved a tax to pay for Public Employees’ Retirement System expenses. A tax rate must be computed and approved by the City Council each year and transmitted to the County Auditor-Controller’s Office for inclusion on the property tax bills. The Tax rate must be set by a Resolution by the City Council (Attachment 1).

Staff has computed the tax rate of $0.08 per one hundred dollars of assessed value (Attachment 2). The calculation includes the fiscal year 2024-25 Auditor Certified Values provided by the County, the projected CalPERS retirement expenses, the PERS rates for safety and miscellaneous members, and the reserve requirement. The value of benefits added after the voters approved the tax has been subtracted from the PERS rates before calculating the City’s tax requirements. These “after added” benefits are paid by other available revenues in the General Fund, Enterprise Funds, and required contributions from employees. Also, the City has twenty-four(24) Public Employee Pension Reform Act “PEPRA” members who are required under state law to pay 50% of the cost of their benefits, which helps reduce the amount of tax required from the voters.

Last year, the Council agreed to establish a rate stabilization reserve fund of $1,250,000, which was approximately 72% of the estimated expenditures for the fiscal year. The City received revenues based on assessed property values and a reallocation of the tax incorrectly allocated in the past, ending the year with a projected reserve balance of $1,859,880.

All tax calculations are projections, the City’s annual tax revenue may be higher or lower, based on assessed values as determined by the Sonoma County Assessor. The employee retirement expense estimates are extrapolated from the budget and rates established by CalPERS. Actual expenses may be higher or lower based on actual payroll costs, employee additions or turn-over, and whether new hires are “Classic” or “PEPRA” members.
________________________________________________________________________________________ Summary:

Two years ago the City reduced the tax rate to 9.8% per $100 of Assessed Value. This year, retirement costs increased approximately $88,714 over FY 2023-24. However, the County estimates include an increase in assessed value over last year’s estimates by 3.14% or $45,903,595. This change allows for the tax rate to reduce slightly to $0.08 per one hundred dollars of assessed value, while maintaining the reserve balance of 27 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024
Item No.

$1,250,000 will allow for a reserve balance of 69%. Maintaining the reserve will offset projected increased future costs of the unfunded accrued liability and enable the tax rate to be maintained at a consistent level over time. Maintaining a 75-100% retirement fund reserve balance is ideal to ensure adequate cash flow is available to pay bi-weekly retirement costs as tax increments payments are received from the County in January and April.

The City has a total CalPERS Unfunded Liability, of approximately $12,945,000 which is amortized over the next 20 years and has an option each year of making a lump-sum payment toward the Unfunded Liability payment or spreading the payment out over the course of the year, the City has opted to make the one-time payment which resulted in a savings in the amount of $30,765.

The City contracted with Bartel and Associates last year to calculate the Pension Override Tax to verify that the tax has been properly calculated. The difference between staff and Bartel’s calculations was so minimal that it did not affect the tax rate.

Staff recommends that the City Council adopt a Resolution setting a tax rate at 8% or $0.08 per one hundred dollars of assessed value for Fiscal Year 2024-25.
________________________________________________________________________________________ Alternative Options:

1. Set Ad Valorem Tax Rate at a higher rate and increase the reserve balance.

2. Set Ad Valorem Tax Rate at a lower rate and decrease the reserve balance.

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

None
________________________________________________________________________________________ Budget/Financial Impact:

Reducing the existing tax rate of 9.8% to 8% or $0.08 per one hundred dollars of assessed value, will generate approximately $1,204,914 for the PERS retirement anticipated costs of $1,814,794 program expenses, and maintain an adequate reserve level of $1,250,000
________________________________________________________________________________________ Attachments:

1. Resolution

2. Attachment - PERS Rate Calculation

3. Attachment - County Clerk-Recorder-Assessor- Registrar of Voters Correspondence 28 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE

SETTING THE AD VALOREM TAX RATE FOR PUBLIC EMPLOYEE
RETIREMENT SYSTEM RETIREMENT BENEFITS FOR FISCAL YEAR 2024-25 WHEREAS, the City of Cloverdale has entered into a contract with the Public Employees' Retirement System of the State of California for the provision of retirement and related benefits to the employees of the City of Cloverdale, and pursuant to previously established voter authorization, the City of Cloverdale is authorized to establish the levy for the current fiscal year in order to fund its responsibilities under the contract; and NOW, THEREFORE, BE IT RESOLVED by the City Council that an Ad Valorem tax rate for fiscal year 2024-25 be levied upon property in the City of Cloverdale for the above purpose in an amount of $0.08 per one hundred dollars of full assessed valuation; and
BE IF FURTHER RESOLVED that the County Assessor, Auditor, Tax Collector and other appropriate officials of the County of Sonoma are hereby authorized and directed to spread the specified assessment upon the tax rolls of all taxable property within the City of Cloverdale in the County of Sonoma, and to receive, collect, and disburse the same in accordance with law and the agreement between the City of Cloverdale and the County of Sonoma.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 24th day of July 2024 by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT: None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Michael Maloney, City Clerk
29 Classic Members Miscellaneous Safety Total
Earnings subject to PERS - Classic Members $ 1,763,181 $ 858,621 $ 2,621,802 2024/25 PERS Rate - Employer Paid 19.520% 36.320%
Less After Added Benefits 2.240% 9.010%
Net PERS Rate to be Funded by Tax 17.280% 27.310%
Normal Contribution - Classic Members 304,678 234,489
Employer Payment of Unfunded Liability (Total UAL $12,945,000) 455,651 622,894 Amount to be funded by Tax $ 760,329 $ 857,383 $ 1,617,712 New Members Miscellaneous Safety Total
Earnings subject to PERS - New Members $ 1,493,629 $ 578,007 $ 2,071,636 2024/25 PERS Rate - Employer Paid 7.870% 13.750%
Net PERS Rate to be Funded by Tax 7.870% 13.760%
Normal Contribution - New Members $ 117,549 $ 79,534
Employer Payment of Unfunded Liability
Amount to be Funded by Tax - New Members $ 117,549 $ 79,534 $ 197,082 Amount to be Funded by Tax - Total $ 877,877 $ 936,917 $ 1,814,794 -
Reserves for Rate Stabilization 1,250,000
Total Requirements $ 3,064,794
Less Estimated Available Balance at July 1, 2024 (1,859,880) Less Other Revenue Sources (Estimates based on prior year) - Interest (based on budget) -
Total Tax Requirement for FY 2024/25 $ 1,204,914
Secured Unsecured Total
Property Values - Fiscal Year 2024/25 Tax Roll 1,436,775,211 69,038,831 $ 1,505,814,042 Less RDA Increment - - $ -
Cloverdale DS Net Value $ 1,505,814,042
Total Requirements $ 1,204,914
Tax Rate (Requirements divided by DS Net Value times 100) Property Tax Rate per $100 of Assessed Value 8.0%
Attachment A
City of Cloverdale
PERS Retirement Tax Rate Calculation
Fiscal Year 2024-25
30 31
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

G.3
July 24, 2024
Agenda Section:

Consent
Staff Contact:

Chris Parker, Chief of Police
Agenda Item Title:

Parking Citation Processing for the Cloverdale Police Department Recommended Council Action(s):

Adopt a Resolution entitled, “A Resolution Of The City Council Of The City Of Cloverdale Approving An Agreement With Data Ticket Inc. To Provide All Parking Citation Processing Services For The City Of Cloverdale For The Amount Not To Exceed $3,000 Annually For The Term Of The Contract And Authorizing The City Manager To Execute Said Agreement.”
Background:

In February 2024, the Sonoma County Central Collections Parking Administration and Adjudication's office notified the City of Cloverdale and other law enforcement agencies that they would be terminating their contract for parking citation processing and fee collection, as outlined in Exhibit A. This change will take effect on July 1, 2024, complying with the required 30-day written notice for termination.

In response, we evaluated several companies that offer these services, considering the associated costs for each. The Cloverdale Police Department issues approximately 80 parking citations annually, generating around $4,000 in fines. Previously, the collected fines were split evenly between the City of Cloverdale and County services.

As part of this transition, the Cloverdale Police Department will need to purchase new citation books, which incur additional costs (Estimated $3,000). Furthermore, the selected company for providing these services will impose a monthly fee of $250 if the fines collected do not meet this monthly threshold we will be billed the difference. This is a consideration for our budgeting and financial planning. This cost would not exceed $3,000 a year and should be cost neutral.

Additionally, the new service will provide access to an online portal for payment and processing of parking citations. This portal will facilitate more efficient citation management and offer greater convenience for residents and visitors in Cloverdale. They also offer service by mail in processing for those that do not have online access.

Notably, the cities of Healdsburg, Rohnert Park, Cotati, and Santa Rosa currently utilize Data Ticket Inc. for their parking citation processing. This company offers a comprehensive solution, including citation issuance, management, and payment processing through an online portal, ensuring seamless operations.

Given these factors, we carefully weighed the costs and benefits of transitioning to a new service provider to ensure it meets the needs of our community while remaining fiscally responsible.

Summary:

In lieu of the Sonoma County Central Collections Parking Administration and Adjudication's office terminating their agreement, the Cloverdale Police Department sought other independent contractors who could provide these same services.

We found an agency called Data Ticket Inc. which provided the same services but with enhanced capabilities which included bilingual services as well as online processing for the agency and community. 32 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024
Item No.

Data Ticket, Inc., based in Irvine, California, is a corporation that provides various parking citation services, including processing, collection, administrative review, permit sales, customer service, and web-based management solutions. Established in 1989, the company serves over 400 agencies nationwide, including cities, counties, universities, and districts. As a certified Small Business Enterprise and Woman-Owned Business Enterprise, Data Ticket employs 52 full-time staff and prioritizes direct communication with clients. The company aims to improve compliance and revenue collection through its comprehensive services. Its web-based platform allows users to manage citations, make payments, appeal decisions, and access customer support. Real-time data processing and multiple payment options enhance usability for both agency staff and patrons.

Options:

1. Review and approve the contract with Data Ticket Inc. identified in Exhibit 2 and allow the City Manager to execute said agreement; or

2. Provide alternative direction to staff
Subcommittee Recommendation:

The Finance Administration & Police Subcommittee recommended approval of an agreement to provide parking Citation Processing Services.

Budget/Financial Impact:

The budget impact could potentially be $3,000 annually but would not exceed this amount. This cost assumes we do not meet the minimum of $250.00 in fines a month per the contract. A budget amendment for account number 100-30-302 may be needed. The Cloverdale Police Department generates on average over $4,000 in parking fine revenue annually.

Attachments:

1. Resolution

2. Exhibit A - SOP

3. Exhibit B - Parking Fee Schedule

4. Termination letter and Services Contract

5. Data Inc. Overview
33 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AGREEMENT WITH DATA TICKET INC. TO PROVIDE ALL PARKING CITATION PROCESSING SERVICES FOR THE CITY OF CLOVERDALE FOR THE AMOUNT NOT TO EXCEED $3,000 ANNUALLY FOR THE TERM OF THE CONTRACT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, On February 1, 2024, the City was notified by the County Controllers Office of the reorganization and elimination of their parking citation and administration services for all Sonoma County Law Enforcement agencies; and
WHEREAS, the City of Cloverdale has a need to continue the processing and administration of parking citations in an efficient and effective manner; and
WHEREAS, Data Ticket Inc. specializes in parking citation processing services and has demonstrated their expertise and reliability in providing such services to other municipalities; and WHEREAS, the City Council has reviewed the proposal submitted by Data Ticket Inc. and finds it to be reasonable and in the best interest of the City; and
WHEREAS, the agreement with Data Ticket Inc. attached hereto and incorporated herein as Exhibit A and associated fee schedule in Exhibit B will ensure continuity in parking citation processing services without interruption, thereby maintaining enforcement of parking regulations and contributing to public safety and order; and
WHEREAS, sufficient budgetary allocations have been made for the procurement of these services pursuant to the terms of the agreement.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 24th day of July 2024 by the following roll call vote:

Ayes: (_) and Mayor Bagby
Noes: (_) None

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Michael Malony, City Clerk

1. Exhibit A: Data Parking Inc. Scope of Work

2. Exhibit B: Data Services Fee Schedule
34 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 1 – 06/24/2024 - 1 -

SCOPE OF SERVICES AND PERFORMANCE AGREEMENT
Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, California 92614
(here-in-after sometimes referred to as "Company")
AND:

City of Cloverdale
124 North Cloverdale Boulevard
Cloverdale, California 95425
(here-in-after sometimes referred to as "Agency")
The Company intends to provide for the processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the California.

ARTICLE I - CITATION PROCESSING

1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations which COMPANY shall receive from AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY.

1.2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY within seven (7) days of receipt, by COMPANY'S office, for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable.

1.3 Collection and deposit of funds: A "direct deposit" system shall be employed for all funds received in payment of citations. The AGENCY shall own the account and deposits shall be made directly into the account by the COMPANY for the collecting AGENCY. The COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 6%, (or lower if any statutes, rules or regulations prohibit this rate). If the COMPANY deposits into an account held jointly between 35 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 2 – 06/24/2024 - 2 - the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month following the banking activity, disburse all revenue due the AGENCY, the COMPANY, any tax or surcharge liability and all refunds and provide all supporting documentation for the AGENCY records.

1.4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts and attempt to obtain the name and address of the registered vehicle owner from the State Department of Motor Vehicles (DMV) for each vehicle for which a parking citation has been issued but payment for which has not been received within the required time period. COMPANY shall follow all procedures specified by the DMV, and be consistent with the Vehicle Code when identifying registered vehicle owners.

1.5 Verification of Ownership: COMPANY will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases.

1.6 Delinquency Notices: In accordance with State law, COMPANY will generate and mail (presorted, first-class postage) no sooner than allowable by law, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the State Vehicle Code, including, but not limited to the following:

A. The parking citation issuance date and number;
B. The consequences of nonpayment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for arrest);
C. The amount of fines and fees due and payable;
D. Affidavit of Non-Ownership.

1.7 Registration Holds: The COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to place a hold on vehicle registration having unpaid parking fines and fees due against those vehicles in accordance with the Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law.

1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and 36 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 3 – 06/24/2024 - 3 - fees due against the vehicle and establishes such payment to the satisfaction of COMPANY.

1.9 Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an appeal according to the laws in the state of citation issue. All contested citations will be forwarded to the appeals administrator or AGENCY within the prescribed time period so that the matter can be adjudicated.

1.10 Appeals: If requested by AGENCY, the COMPANY will schedule and conduct appeals in accordance with state law, to respond to parking violators wishing to contest their citations.

The COMPANY will provide a toll-free number for contestants to call, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court if required. The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay any court filing fees due, if appeals are sent to Court and earlier decisions are overturned by the Court.

1.11 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/ court action.

Parking citations that are dismissed as a result of hearing/court action, will have the dismissal processed by the COMPANY promptly after receipt from the Hearing/Court.

1.12 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request.

COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY.

1.13 Payments by U.S. Mail: It is the citizen’s responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due.

1.14 Parking Citation System Master File Update: COMPANY will regularly, on a daily basis, update the parking citation database with new citations, payments, reductions, cancellations, dismissals and any other pertinent data.
37 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 4 – 06/24/2024 - 4 -

ARTICLE II - PAYMENT PROCESSING

2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for at least one (1) year, for research and statistical purposes.

2.2 Payments Processing: COMPANY shall process citation payments within twenty-four (24) hours of receipt. Payments shall be immediately posted in one (1) of three (3) following categories:
"Regular Payments" are payments with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices-of-Intent). "Partial Payments" are payments paid for less than the amount of bail due. A notice or additional correspondence may advise defendant of late charges and/or incorrect bail. "Court/Hearing Requests" are all requests for administrative/court hearings by defendants.

These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved.

2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY for proper follow-up either by AGENCY or by COMPANY.

2.4 Batching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be scanned and stored electronically on the network for a minimum period of three (3) years.

2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments.

All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments, using generally accepted accounting principles.
38 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 5 – 06/24/2024 - 5 -

2.6 Deposits: All deposits shall be made daily, subject to regular banking hours.

Deposits shall be itemized and detailed information will be captured regarding submitted funds.

Deposit slips shall be prepared in triplicate. If a joint account between COMPANY and AGENCY is opened, all deposits shall be directly deposited and COMPANY shall perform all reconciliation and check generation along with monthly invoicing.

If only the AGENCY'S designated bank account is used, COMPANY will deposit directly into the designated account, but will have no authorization to perform any other duties. Monthly invoicing will be generated by the parking management system and AGENCY will be responsible to reconcile the account and cut all checks. In that case, AGENCY will supply deposit slips and endorsement stamp to COMPANY

2.7 Revenue Report: A monthly revenue report will list all revenues received during a given month. This report will also provide information regarding the AGENCY'S responsibility for any taxes on collected funds.

ARTICLE III – WEB SITE

3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review and interface of its database, including all citations and information relating to changes in status.

3.2 Patron Web Site Access: When the AGENCY has web site access, the citizens who receive citations will be able to access the web site to review their individual citations, pay on-line and appeal on-line.

3.3 Web Site Interaction: The web site may be “view only” or “interactive,” for AGENCY staff depending on requirements of the AGENCY.

3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily 24/7 schedule and export into Excel for easy flexible reporting.

3.5 Web Site Cost: User ID’s and passwords will be assigned to the AGENCY at no cost.

ARTICLE IV – ADDITIONAL SERVICES

4.1 California Vehicle Code 40215: Services provided include accepting, scheduling, reviewing and hearing of first and second level administrative appeals, interfacing and providing backup for Court appearances and notifying AGENCY contestants by phone and in writing of decisions. 39 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 6 – 06/24/2024 - 6 - The AGENCY shall be responsible to pay the $25.00 Court filing fee if the review and administrative hearing decisions are overturned by the Court.

4. 2 Other Collections: COMPANY shall retain a percent of payments collected on delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria:

A. Delinquent citations; those for which the California State Department of Motor Vehicles have been placed on a registration hold and/or dropped from the registration hold due to a transfer of ownership or non-renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete.

B. Citations with out-of-state license plates.

C. Any other problem or special citations that AGENCY so designates and refers to COMPANY under this Agreement.

4.3 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect.

ARTICLE V - GENERAL

5.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a nonjudicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination, unless the COMPANY has been designated to handle appeals.

5.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval.

5.3 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law.

5.4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing.

Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY.
40 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 7 – 06/24/2024 - 7 -

5.5 Ownership: All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the COMPANY, (collectively the "Materials"), are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Systems.

5.6 Property of AGENCY: All documents, records and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY.

COMPANY agrees to return same promptly to AGENCY no later than forty-five (45) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY'S computer facilities to AGENCY'S designated point of delivery, plus any open invoices.

5.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the AGENCY'S employees information contained in the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY agrees that information contained in the data that was marked in writing as "CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 5.8 hereinbelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is related to its business and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure.

5.8 Consent for Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organizations that are necessary to properly effectuate the terms and conditions of this agreement, unless requested under State or Federal law, subpoena or court order. Agency shall promptly inform Company of any such request or order of disclosure immediately upon receipt by Agency. This Non-Disclosure obligation shall survive the Termination of this Agreement.

5.9 COMPANY Files: COMPANY shall maintain master files on parking citations referred to it for 41 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 8 – 06/24/2024 - 8 - processing under the scope of services. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail.

5.10 Storage for AGENCY:

A. COMPANY agrees to store original citations, manually scanned or received electronically, on the network for a minimum of three (3) years. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data.

B. Subsequent to the termination of the contract, COMPANY will return all hard copies to the AGENCY or shred them. If requested, an electronic file, diskette or CD of all processed data will be available to the AGENCY.

ARTICLE VI - REPORTS

6.1 Periodic Reports: COMPANY will submit reports to AGENCY each month. The reports will provide activities relating to performance under this Scope of Services. Among the reports, which COMPANY will generate, are the following:

A. Report of Revenue Collected for Period
B. Report for Parking Citations Issued for Period
C. A balanced summary report for issuing AGENCY providing the status of all parking citations at the beginning of the period, current period and at the end of the period.

D. A report for issuing Agency identifying registered vehicle owners with multiple outstanding parking citations.

E. A report for issuing Agency identifying the parking citations issued, location, and violation by officer.

6.2 PCI Compliance Reports/Certificates: Quarterly and Ad Hoc certificates will be sent to the Agency.

6.3 Annual Reports: Annually, COMPANY shall comply with existing state laws.

ARTICLE VII – TERM OF CONTRACT AND COSTS

7.1 Terms and Renewals: This Agreement shall be for an initial period of five (5) years, commencing as of the last date of signature. Unless notice of termination is made in writing by either party to the other no less than ninety (90) days prior to the end of the scheduled term, this 42 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 9 – 06/24/2024 - 9 - Agreement shall automatically renew for subsequent one (1) year periods. In conjunction with this automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY has thirty days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the AGENCY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate.

7.2 Cancellation: Upon a material breach or upon ninety (90) days written notice to the COMPANY, the AGENCY may cancel or terminate this Agreement. The COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the written termination notice provided by the AGENCY.

7.3 Exclusivity: AGENCY agrees to utilize only the services of the COMPANY during the term of the Agreement for the processing of the citations referred to above. AGENCY agrees during the term of the Agreement, to not directly or indirectly engage a competitor of the COMPANY for the performance of the services provided by the COMPANY under this Agreement.

7.4 Costs: Cost shall be charges as set forth in Exhibit A.

ARTICLE VIII – CLAIMS AND ACTIONS

8.1 AGENCY Cooperation: in the event any claim or action is brought against COMPANY relating to COMPANY’S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within five (5) days, of said claim or action.

8.2 Hold Harmless: COMPANY and AGENCY agree to the following hold harmless Clauses:

A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with the performance by COMPANY or AGENCY or any of their officers, employees or agency under this AGREEMENT, excepting only loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees.

B. AGENCY agrees to indemnify, defend and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs and liabilities for loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers 43 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 10 – 06/24/2024 - 10 - or employees arising out of or in connection with the performance by the AGENCY or any of its officers or employees under this AGREEMENT.

ARTICLE IX – SUBCONTRACTORS AND ASSIGNMENTS

9.1 Subcontracting: COMPANY is authorized to engage subcontracts as permitted by law at COMPANY’S own expense, subcontracts shall be deemed agents of COMPANY.

9.2 Assignments: This contract may not be assigned without the prior consent of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this Agreement.

ARTICLE X - INDEPENDENT COMPANY

10.1 COMPANY’S Relationship: COMPANY’S relationship to the AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY’S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker’s compensation, and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights.

ARTICLE XI – INSURANCE

11.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the term of this Agreement, the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be cancelled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the AGENCY.

A) Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than two million ($2,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such 44 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 11 – 06/24/2024 - 11 - coverage for additional insured shall apply as primary insurance and any other insurance or self-insured retention maintained by the AGENCY, its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy.

B) Comprehensive automobile liability, owned, non-owned and hired vehicles with not less than one million ($1,000,000) dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional-insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above.

C) Throughout the period of the Agreement, COMPANY, at its sole cost, shall maintain in full force and effect a policy of worker’s compensation insurance covering all of its employees as required by the labor code of the State of California.

ARTICLE XII – SECURITY PROVISIONS

12.1 Security Provisions: AGENCY agrees to follow all defined security requirements including but not limited to:

A) All AGENCY employees who are provided access to services provided by COMPANY must complete a background check and must complete annual security awareness trainings.

B) All AGENCY employees must sign security agreement documents subject to the source state of the information being obtained by DMV entities.

C) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role.

D) AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.

E) AGENCY understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies we work with to obtain vehicle registered information.

F) AGENCY understands that evidence of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with.

G) AGENCY understands and agrees that access to confidential registered owner 45 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 12 – 06/24/2024 - 12 - information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.

ARTICLE XIII – ENTIRE AGREEMENT

13.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties.

13.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California.

13.3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following:

AS TO THE AGENCY:

City of Cloverdale
124 North Cloverdale Boulevard
Cloverdale, California 95425
AS TO THE COMPANY:

Data Ticket, Inc.

A California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below.

AGENCY: COMPANY:
46 2603 Main Street, Suite 300
Irvine, CA 92614
949-428-7241
[email protected]
Proprietary & Confidential Information- 13 – 06/24/2024 - 13 -

CITY OF CLOVERDALE DATA TICKET, INC.
____________________________________ _________________________________ Signature Signature
____________________________________ _________________________________ Print Name and Title Print Name and Title
____________________________________ _________________________________ Date Date
47 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

EXECUTIVE SUMMARY
1 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Data Ticket, Inc. is a California Corporation that provides parking citation processing and collection services, administrative review and hearing coordination, permit sales and processing, accounting services, customer service and a web-based solution that manages the entire process. Data Ticket has been providing these services for Cities, Counties, Universities, Districts and other Public entities nationwide for over 30 years.

Data Ticket was incorporated in California in 1989. We provide expertise to ensure that citations get processed and collected in a timely manner for over 400 Agencies, nationwide.

Data Ticket is located in Irvine, California and employs 52 full time individuals. Our offices are always open to our clients and we encourage in-person communication on a regular basis. Data Ticket, Inc. is a California certified Small Business Enterprise and a California certified Woman-Owned Business Enterprise.

Data Ticket fully understands we are in a service industry that we consider our Client’s acceptance of our software and services paramount to our success. When we partner with each Client, the goal is to ensure that each Client is treated as a unique entity, that our Client’s Patrons are treated with respect and care, and that our Clients gain compliance and realize increased revenue collection through our comprehensive parking management program.

We attribute much of our success to the fact that our Clients and their Patrons are always treated politely and professionally. Providing easy, clear access for our Clients and their Patrons is of primary importance because it encourages communication between all interested parties, transparency in the data processing for our Clients and prompt payment by Patrons.

Our web-based Solution provides patrons with access to lookup their citation(s), pay for their citation(s), get specific information about their citation(s), appeal their citations and attach supporting documentation and print a receipt; all online, all via real-time data. In addition, the Agency’s Patrons will have access to a toll-free, bi-lingual customer service department who will answer general and specific questions about each citation and will accept payment over the phone via a real-time interface. Finally, patrons will also be able to submit payment and appeals to the Agency or to Data Ticket via mail or in person at the Agency’s preferred location. All of the types of access we allow are intended to make the process simple for the Agency’s patrons so they pay their citations in a timely manner.

Access to the data for Agency Staff is equally as important as is access for the Agency’s Patrons. Our Solution provides online access to our Clients to lookup citations, enter notes on citations, process voids, dismissals, reductions, refunds, refund requests, view online reports, print receipts and process and review the adjudication process. Each capability is provided based on the level of access each person is granted.

Data Ticket allows for real-time processing of payments via VISA, MasterCard, Discover, and American Express. Credit/debit card payments are accepted online, via phone with a customer service representative or using our state of the art IVR system or via paper. 48 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

EXECUTIVE SUMMARY
2 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Website payments are updated in the system real-time, as soon as they are authorized and accepted by the bank. Payments are immediately updated to the citation records and receipts can be printed verifying payment for the payer.

Data Ticket’s Solution is Payment Card Industry (PCI) certified and our Solution is subjected to both quarterly, scheduled scans of our database as well as unscheduled scans, thus providing the ultimate security for our Clients as well as their patrons.

Our Solution offers all adjudication services via our online appeals website. We allow patrons to place their citations on hold and submit their full explanation and attach backup documentation via the web. This allows patrons to appeal their citation(s) online only if they are eligible to appeal based on the rules set forth by each Agency and the State of California. Once the appeal is submitted, either online or via U.S. Mail, our Solution processes the request and makes it immediately available for an Administrative Review Disposition or it is immediately available to be scheduled for an Administrative Hearing with a certified, independent hearing officer. These individuals review or hear the cases and enter judgments that automatically mark the citation and generate written notification of the results. This notification informs the appellant of the decision and provides additional information if the individual wishes to continue his/her appeal and/or refund information and/or court filing instructions, depending on the appeal decision.

Our Solution provides an Online Reporting capability that allows our Clients to generate and print real-time and month-end reports via the web. These reports can be saved to a network, PC or external drive, copied into Excel for additional manipulation as the Agency wishes or they can simply be viewed. These reports are available to the Agency as long as the Agency is a Client. In addition, when the Agency needs ad hoc reports or additional data, Data Ticket will provide those at no cost.

Data Ticket is experienced at working backlog and delinquent citations, which all agencies seem to have. We have years of experience collecting from “old databases and citations”, and we do it carefully and professionally, with the utmost care given to the agency image and collection attitude. Since 2002, Data Ticket, Inc. has been offering additional collections through the Franchise Tax Board’s Interagency Intercept Program on behalf of our Clients in order to provide an additional opportunity for collection of delinquent California debts. Many of our agencies have been participating in this program since we began offering this interface and they have all been impressed with the returnrate on collections from this submission.

On behalf of Data Ticket, thank you for the opportunity to provide Parking Citation Processing Collections, Services and Technology as well we excellent Client and Customer Service!
49 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE
3 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Manual Parking Citation Processing: $0.65
Services for the above-mentioned items include:
 On-site data entry of manually written citations performed within 48 hours of receipt  On-site quality assurance verification of manually entered citations  Scanning of all manually written citations onto our network for storage and ease of retrieval  Bi-monthly shredding of manually written citations
Electronic Parking Citation Processing: $0.55
Services for the above-mentioned items include:
 Automated citation transmission into Data Ticket’s Citation Management Solution 24/7  Automated confirmation email detailing successfully transmitted citations  Automated transmission of photos attached to citations Courtesy Notice: $0.75
Services for the above-mentioned item include:
 Semi-custom Courtesy Notice that is printed on an 8 ½ x 11” piece of paper and provided in a window envelope sent to the registered owner of a vehicle  All notices are attached to the citation online and are viewable via the web  All notices sent via 1st Class Mail
 All notices include a return envelope in which the responsible party may submit payment  This cost will increase as the US Postal Service increases the 1st Class postage rate  This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual.

Out-of-State Collections: 26% of revenue collected
 This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid
 Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have an assigned ORI, Data Ticket will request usage of the ORI for reference/audit purposes only.

Data Ticket utilizes its own ORI for transactional purposes  This fee is not combined with any other contingency fee. For example, if a citation is rolled to a delinquent status, only 26% of revenue collected will be charged  If Data Ticket does not collect on a citation that is issued to an out of state plate, the Agency does not owe this fee.
50 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE
4 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Delinquent Collections: 26% of revenue collected
 This fee will be assessed when a citation is ninety (90) days past the citation issue date, or when a second (2nd) notice is sent if sooner than ninety (90) days, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason  In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner
 All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11” sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
 All notices are attached to the citation online and are viewable via the web  If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee
 Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred Franchise Tax Board Processing - Optional
SSN Look-up $3.00 per SSN
 This fee will be assessed to lookup a social security number associated with a particular registered owner and address
 This charge is charged per unique SSN, not per citation FTB Collections 15% of revenue collected
 This fee is charged if a citation is paid at the Franchise Tax Board  This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged  Data Ticket will send an FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1st Class Mail
 All notices are attached to the citation online and are viewable via the web  Data Ticket will pay for the Agency’s cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full  If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee
 Data Ticket will send an FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1st Class Mail
51 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE
5 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Adjudication:
1 st Level Review Hold & Scanning of Review Request $0.50 per citation  Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe
 If the request was received within the required timeframe, Data Ticket’s Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution so it is displayed on the web for the Agency’s Staff
 If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a “time expired letter” rejecting the appeal 1 st Level Review Disposition Letters $0.85 per letter
 Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail  All letters are attached to the citation online and are viewable via the web  Disposition letters will be sent Monday - Friday
2 nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation  Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe
 If the request was received within the required timeframe, Data Ticket’s Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so that it is displayed on the web for the Agency’s Staff and the Hearing Officer
 If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a “time expired letter” rejecting the appeal  Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the Agency’s schedule 2 nd Level Hearing Officer - Optional $85.00 per hour
 Data Ticket’s independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings
 Each hearing request will be reviewed, heard or read, and all required research will be performed
 The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
 Hearings will be scheduled
 The Agency will incur costs associated with mileage as defined by Federal guidelines  Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency location or the Agency may elect to have citations heard at a centralized location within the County
2 nd Level Hearing Schedule & Disposition Letters $0.85 per letter  Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail  All letters are attached to the citation online and are viewable via the web  Disposition letters will be sent Monday – Friday
52 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE
6 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
 Acceptance and Scanning of Indigent Payment Plan Requests (Approval/Denial by Data Ticket) $5.00 per request
OR
 Accepting and Scanning of Indigent Payment Plan Requests (Approval/Denial by City) $2.00 per request
AND
 Indigent Payment Plan/Denial Letters $0.85 per letter Additional Correspondence $0.85 per letter
 Printing & Sending daily
 Electronic attachment to the citation
 Windowed #10 envelope and return #9 envelope
Joint / Escrow Banking Services - Optional $150.00 per month Services for the above-mentioned item include:
 Daily deposits of funds to the Agency’s escrow account  Online, real-time reconciliation reports that tie directly to the bank statement  Processing of all credit card charge-backs and Insufficient Funds  Month-end reconciliation of all funds collected
 Disbursement of County / State Surcharges at month-end  Payment of Data Ticket’s invoice
 Disbursement of the net remittance to the Agency
 Scanning of all payments directly to joint bank account daily using remote check deposit  The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year Charge-backs and NSF’s - Optional $3.00 per issued instance  Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence  Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds - Optional $8.00 per issued instance
 Data Ticket will process refunds when notified of each need  In the event the Agency utilizes Joint Banking Data Ticket will verify, generate and send each refund due
 Refunds will be issued weekly
 Refunds will be sent via 1st Class Mail
Monthly Minimum $250.00
 A minimum fee of $250.00 will be charged on a monthly basis if services do not reach this level (not inclusive of the Joint/Escrow Banking Services fee) 53 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE
7 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Cost Increases:

Postal Rate Increase Offset – If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.

CPI Increases – There will be NO CPI increases for the duration of the agreement. 54 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE

SERVICES INCLUDED AT NO ADDITIONAL COST
8 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Online Access for the Agency’s Patrons: Included
The Agency’s Patrons will have the ability to perform the following functions online:
 View real-time citation(s) data
 Pay for a single or many citation(s)
 Request a 1st Level Administrative Review and attach up to three documents supporting their position
 Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position
 Print a receipt
 View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency’s Staff: Included
Access to the Agency’s data is based on unique usernames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.

Our Solution is setup to maintain a complete audit trail for each and every transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when.

Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
 View real-time citation(s) data, including pictures taken by the Issuing Officer  Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
 Accept payment via Cash, Check or Money Order
 Process NSFs and Refunds
 Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold
 Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others  Perform Administrative Reviews online by entering the disposition directly online  Generate a time expired or letter of non responsibility for a citation in the adjudication process
 View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online
 Edit Appellant information
 Upload disposition documents sent to the Agency via US Mail  Add a note to a citation and see all comments added to the citation  View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online 55 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE

SERVICES INCLUDED AT NO ADDITIONAL COST
9 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
 Print a receipt with or without registered owner information Reporting: Included
 Data Ticket offers 36 reports online as well as a Customized reporting application for our Clients to generate, print and re-print 24/7. We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data.
 All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client.  All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes.
 If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost.

Manual Payment Processing: Included
 Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office  On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department
 After double-blind entry of each payment, the citations are updated by our Quality Assurance team
 Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Registered Owner Information: Included
 Registered owner information for all citations issued on California license plates  Turnaround time for acquisition of California registered owner information is same day  Registered owner information for all citations issued on out of state license plates  Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide through the NLETs service  Access to this system requires the use of the County’s ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state data  Turnaround time for acquisition of out of state registered owner information using NLETs is same day
CA DMV Holds and Releases: Included
 California DMV Holds and Release performed daily via an online connection  Holds and releases can also be performed real-time, upon request  Citation amounts placed on hold are updated daily in the event a partial payment is made
56 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE

SERVICES INCLUDED AT NO ADDITIONAL COST
10 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Customer Service: Included
 Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more  All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review.
 Data Ticket’s IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
 The IVR accepts VISA, MasterCard, Discover, and American Express  Please note we do not make outbound calls internationally Web Presence: Included
 Data Ticket’s Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency’s Patrons to access citations online
 If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency’s website, Data Ticket can and will provide this feature to the Agency.

Conversion: Included
 Data Ticket will convert the citations currently with the Agency’s existing vendor at no cost to the Agency
 Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner 57 2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF CLOVERDALE

FEES ASSESSED TO THE PATRON
11 | P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
06/24/2024
Credit / Debit Card Processing $3.50 per transaction
 Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www.CitationProcessingCenter.com, via our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bilingual IVR Solution  There is no charge to the Agency for credit / debit card processing; however, the Patron is charged $3.50 per transaction; this means the Patron can pay for a single or many citations at once and incur a single $3.50 fee
Payment Plan Processing $15.00 per transaction
 An administrative fee will be assessed to Patrons who wish to participate in a payment plan
 This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan  The Agency will have the ability to determine whether Payment Plans are accepted and, if so, what the parameters for payment will be
Credit Card Chargeback Processing $33.50 per transaction  If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback
 No fee will be charged to the Agency
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Our goal is to offer our Clients the best and most
complete services and products available in the
Parking and Toll Road/Bridge, Administrative &
Miscellaneous Debt Processing and Collections
Industry.

Each of the offerings listed on the following page
may be utilized individually or as a suite of offerings to provide your Agency with the most flexible,
comprehensive, interactive service with the highest
collection rates possible.
72 2603 Main Street, Suite 300
Irvine, CA 92614
888-752-0512
[email protected]
Proprietary and Confidential to Data Ticket, Inc.

PARKING CITATION PROCESSING
 DATA ENTRY & SCANNING OF ALL

MANUALLY WRITTEN CITATIONS AND

PAYMENTS
 DAILY MAILING OF CVC REQUIRED

CUSTOMIZED COURTESY NOTICE
 ONLINE AVAILABILITY TO VIEW SENT

COURTESY NOTICES
 SOFTWARE ENHANCEMENTS

RELEASED REGULARLY TO ALL

CLIENTS
 IN AND OUT OF STATE PROCESSING

AND COLLECTIONS
 AB503 COMPLIANT
 ONLINE AVAILABILITY TO VIEW SENT

DELINQUENT NOTICES
 ONLINE AVAILABILITY TO VIEW SENT

ADJUDICATION DISPOSITION

LETTERS
 COMPLETE BANKING AND

RECONCILIATION SERVICES
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74 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.4
Meeting Date: July 24, 2024
Agenda Section:

Consent
Staff Contact:

Kevin Thompson, Assistant City Manager/Comm. Dev. Director Agenda Item Title:

Reappointment of Cory Cadle to the Planning Commission as a regular member with a term expiration of July 24, 2028, and the reappointment of Chad Asay as a regular planning commission member with a term to expire July 24, 2028.
________________________________________________________________________________________ Recommended Council Action(s):

By motion, approve Mayor Lands proposed reappointment of Cory Cadle moving him from an alternate to regular member of the Planning Commission for a term to expire on July 24, 2028, and the reappointment of Chad Asay as a regular Planning Commission member with a term to expire July 24, 2028. _______________________________________________________________________________________ Summary / Background:

With the departure of Eric Sanders from the Planning Commission, Mayor Lands is proposing the reappointment of alternate commissioner Cory Cadle, making him a regular member to fill the vacancy. Mr.

Cadle was appointed as an alternate member of the Planning Commission on July 27, 2022. Based on Mr.

Cadle’s background, qualifications, and previous experience on the Planning Commission, Mayor Lands believes he is a good fit as a regular member. If approved, Mr. Cadle’s term will end on July 24, 2028.

Additionally, if approved, Commissioner Asey will be reappointed as a regular member of the Planning Commission with a term expiring on July 24, 2028.

According to Cloverdale Municipal Code (CMC) Section 2.36.010, the Planning Commission shall consist of five regular members, not officials of the city, appointed by the Mayor with the approval of the City Council.

Additionally, Section 2.36.060 of the Municipal Code states that in addition to the five regular members, the mayor, with the approval of the City Council, shall appoint two resident alternate commissioners for a term of two years. These alternate commissioners shall have all the powers and duties of regular commissioners except that their right to vote shall be allowed and have legal effect only when seated as acting commissioners in the absence of one of the regular commissioners. The position of acting commissioner shall be rotated between the alternate commissioners. Pursuant to Cloverdale Municipal Code Section 2.36.020, an alternate member’s term shall be two years.

75 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024

Table 1 – City of Cloverdale Planning Commission Proposed Membership Name of
Commissioner
Membership Date Appointed Term Expires Status
Chad Asay Regular July 8, 2020 July 30, 2024
New Expiration
July 20, 2028
Active
William Wagy Regular April 26, 2023 April 26, 2027 Active Craig Carni Regular October 26, 2022 December 14, 2027 Active Melissa Spingler Regular October 26, 2022 October 26, 2026 Active Cory Cadle Regular July 27, 2022*
July 24, 2024
July 27, 2024
New
July 24, 2028
Seeking
Regular
Membership
Jason Williams Alternate December 13, 2023 December 13, 2025 Active Open Position Alternate
* Originally appointed as Alternate Planning Commissioner ________________________________________________________________________________________ Alternative Options:

1. Provide alternative direction to Staff.
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

N/A
________________________________________________________________________________________ 76 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

G.5
July 24th, 2024
Agenda Section:

Consent
Staff Contact:

Chris Parker, Chief of Police
Agenda Item Title:

Agreement With Utilitac Equipment And Upfitting For The Purchase Of One 2023 Dodge Durango (JSDDA23) And One 2024 Silverado PPV (WH24SILPPV) Police Vehicle With The Necessary Equipment Installed ________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale approving a Purchase Agreement with Utilitac Equipment and Upfitting to provide two patrol vehicles with installed emergency equipment in an amount not to exceed One Hundred Forty Seven Thousand Five Hundred Forty Dollars ($147,540) and authorizing the City Manager to execute said agreement and approving a budget amendment to the FY 2024-25 budget to transfer from Public Facilities Impact Fund into Public Safety Operations the amount of $17,540
________________________________________________________________________________________ Background:

The 2023 Dodge Durango is being introduced to our fleet to replace aging vehicles and support the addition of a 10th officer position. One of the vehicles being retired is a 2009 Chevy Tahoe, which has accumulated 85,436 miles and incurred over $9,000 in maintenance costs and is no longer suitable for pursuits. This vehicle remains parked in the bay and is designated for use as a sergeant patrol vehicle once the position is filled, but it currently suffers from multiple suspension issues and is not upfitted with our current paint/decal scheme for patrol vehicles.

Additionally, we will be phasing out a 2008 Chevy Tahoe that has logged 82,493 miles and has incurred $9,902.64 in maintenance expenses and is currently in use by patrol. Both of these older vehicles are becoming increasingly unreliable and costly to maintain, necessitating their replacement. The new 2023 Dodge Durango and 2024 Chevy Silverado will provide a more dependable, efficient, and safer option for our law enforcement officers, ensuring that they can effectively perform their duties and respond swiftly to any situation while allowing plenty of storage capacity.

Replacing a police patrol vehicle is essential for ensuring the safety and effectiveness of our law enforcement officers. The current vehicle has accumulated significant mileage, leading to increased wear and tear that diminishes reliability and performance. Constant breakdowns or maintenance issues not only jeopardize the officers' safety but also impair their ability to respond promptly to emergencies. By acquiring a new, more reliable patrol vehicle, we can ensure that our police force remains agile and responsive, fostering a safer community.

Furthermore, advancements in automotive technology have led to the development of vehicles that are better equipped for modern policing needs. Newer models come with state-of-the-art safety features, enhanced communication systems, and improved fuel efficiency. These upgrades not only furnish a more secure environment for officers during high-risk situations but also enable them to perform their duties more effectively. For example, better communication systems can facilitate faster coordination during emergencies, whereas fuel-efficient vehicles can lower operational costs, making the department's budget more sustainable over the long term.
77 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024

Investing in a new patrol vehicle also demonstrates our commitment to providing our officers with the best possible resources to serve the community. It is a critical upgrade that reflects our dedication to maintaining high standards in public safety and operational excellence. By prioritizing the replacement of outdated equipment, we are not only fostering a more efficient police force but also building trust and confidence among community members. In the long run, this investment safeguards our community by ensuring that our law enforcement agencies are fully equipped to handle the challenges they face daily. ________________________________________________________________________________________ Summary:

During the 2024/2026 budget process, Vehicle Capital Outlay funds were appropriated in the amount of $130,000 for the purpose of replacing aging and damaged vehicles. The Police Departments 2009 Chevy Tahoe supervisor vehicle is being replaced for a Chevy Silverado that will allow us emergency access to the open space areas utilizing the 4x4 capabilities in addition with the UTV. The 2023 Dodge Durango is for the 10th officer position which will also help us transition out a 2009 Chevy Tahoe which is nearing the end of its life cycle. Additionally, there is concern for officer safety when responding to emergencies and officers need to have reliable vehicles in order to provide public safety to our community.

Dodge has discontinued the sale of the V-8 Dodge Charger Police package patrol vehicle and has transitioned to all electric vehicles. Currently vehicles are made when ordered with no delivery date or forecast. Our last patrol vehicle took almost a year to get into service which included ordering the vehicle, ordering the equipment, scheduling the installation of equipment, and scheduling decals to be installed. With Utilitac they have the vehicles and parts in stock and can estimate a delivery date of about 8 weeks once ordered. The cost identified has increased but assures us the vehicle(s) is in stock, with a lifetime warranty on all equipment installed and a date certain to receive the patrol vehicles with equipment installed.

The specifications for these vehicles and equipment were provided to dealerships in accordance with the bid process. To outsource the additional equipment separately and to get it installed would be an estimated additional $17,000 per base model patrol vehicle. The City attempted to obtain 4 bids from dealerships all had no stock and could not provide a quote. One dealership offered an approximate deliver date of six months but would not be able to provide a quote for the vehicles. Utilitac provided quotes on both vehicles which are in stock:

Dodge Durango (Vehicle Only) Chevy Silverado (Vehicle Only) Utilitac $46,285.00 Utilitac $56,849.00
Thurston Auto No Stock Thurston Auto No Stock
Winner Chevrolet No Stock Winner Chevrolet No Stock
The cost estimate for additional equipment will not exceed the 10 percent contingency. 78 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024

________________________________________________________________________________________ Options:

1. Authorize the resolution, budget amendment and direct City Manager to Execute the Purchase Agreement with Utilitac;

2. Do not authorize the resolution and purchase; or

3. Provide alternative direction to staff
________________________________________________________________________________________ Subcommittee Recommendation:

The agreement with Utilitac was not reviewed but discussed by a City Council Subcommittee however; discussion of the new police vehicle purchase was brought forth at a City Council budget approval meeting. ________________________________________________________________________________________ Budget/Financial Impact:

The FY 2024-25 Budget currently includes $130,000 for Vehicle Capital Outlay Expenditures (100-30-302- 44110-000) that are partially offset by funds transferred in from the Public Facilities Impact Fees. Additional funds will be needed to fund the Dodge Durango and a budget expense and transfer adjustment of $17,540.00 is needed to cover the total amount of $147,540.00 for two Pursuit rated Police Vehicles (Dodge Durango, Chevy Silverado) which will include the associated emergency equipment and installation. ________________________________________________________________________________________ Attachments:

1. Resolution

2. Budget Amendment Form
79 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A PURCHASE AGREEMENT WITH

UTILITAC EQUIPMENT AND UPFITTING TO PROVIDE TWO PATROL VEHICLES WITH INSTALLED EMERGENCY EQUIPMENT IN AN AMOUNT NOT TO EXCEED $147,540.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND APPROVING A BUDGET AMMENDMENT TO THE FY 2024-25 BUDGET TO TRANSFER FUNDS FROM THE PUBLIC FACILITIES MPACT FUND INTO THE PUBLIC SAFETY OPERATIONS IN THE AMOUNT OF $17,540 WHEREAS, the City recognizes the necessity of maintaining reliable and safe vehicles for the Department to effectively respond to emergencies and ensure public safety; and WHEREAS, the Department's current 2009 Chevy Tahoe supervisor vehicle is outdated, nearing the end of its life cycle, and will be replaced by a 2024 Chevy Silverado, which offers enhanced emergency access to open space areas through its 4x4 capabilities, especially when used in conjunction with the UTV as it provides alternatives; and WHEREAS, the addition of a 2023 Dodge Durango is intended to serve the needs of the 10th officer position, thus aiding in the phasing out of another 2008 Chevy Tahoe, further promoting the goal of safe and reliable transportation for the officers; and
WHEREAS, there is a significant concern for the safety of officers when responding to emergencies, and the upgrade and augmentation of the vehicle fleet are crucial to maintaining a high standard of public safety for the community; and
WHEREAS, the city is committed to maintaining a police fleet that is relevant to the current standards and technology offered to enhance officer safety and emergency response to the community; and WHEREAS, The budget for Vehicle Capital Outlay account was initially approved during the budget process for $130,000.00; and
WHEREAS, a budget amendment (Exhibit A) of $17,540.00 to Vehicle Capital Outlay Fund (100-30-302-44110) from the Public Facilities Impact Fee is needed to purchase these vehicles with the 10% contingency; and WHEREAS, The city manager is authorized to execute the purchase of these two vehicles with the budget amendment listed in Exhibit A.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 24th day of July 2024 by the following roll call vote:

Ayes: (_)Wolter and Mayor Bagby
Noes: (_) None

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Michael Malony, City Clerk
Exhibit A: Budget amendment
80 Budget Amendment Form

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount
100.00 999 17,540
REVENUE TOTAL 17,540

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
515.00 000 17,540
100.30 302 17,540
ssssssssssssssssssssssssssssssssssssssss EXPENDITURE TOTAL 35,080

PURPOSE
to police vehicles
Date Date
Date Entered by Date
Prepared By
Susie
Department Head Finance Director
Date Prepared
July 15, 2024
Account Description Account No.

Police
Transfer In
Account No.
39999.000
Transfer Out
Requesting Department
Account Description
City Manager
Vehicle Capital Outlay
49999.000
44110.000
Transfer Funds from Public Facilities Impact Fees to cover additional costs related X:\Agenda Development\COUNCIL\2024 Reports\07-24-2024\Consent\Police Vehicle\Budget Amendment Form-Vehicle 81 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.6
Meeting Date: July 24, 2024
Agenda Section:

Consent
Staff Contact:

Kevin Thompson, Assistant City Manager, Community Dev.

Director
Agenda Item Title:

Consideration and possible action to declare all weeds growing within the City to be a public nuisance and declaring the City’s intention to remove and abate the same upon specified private properties under and in accordance with the provisions of the City of Cloverdale Municipal Code Chapter 8.16, entitled Weed Abatement
________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale declaring all weeds growing within the city to be a public nuisance and declaring its intention to remove and abate the same upon specified private properties under and in accordance with the provisions of the City of Cloverdale Municipal Code Chapter 8.16, entitled weed abatement.”
_______________________________________________________________________________________ Background:

On an annual basis, the Cloverdale Fire Protection District (“Fire District”) conducts an extensive inspection and outreach process with local property owners within the City to ensure that weeds and other grasses are maintained in such as manner to reduce potential fire hazards. The Fire District sends property owners with high weeds or otherwise unmaintained vegetation a letter, “requesting that they mow, dice or otherwise manage any excess weeds on their property.”
According to Municipal Code Section 8.16.010, “Weeds growing upon and adjacent to private property within the city, which are allowed by the owners thereof to flourish and grow in such a manner that they constitute a health, fire and safety menace to the citizens of the City may constitute a nuisance which should be abated.” The Fire District conducts follow up inspections on a citywide basis and any properties that are not in compliance with City Code will be placed on a list that is provided to the City. The Fire District subsequently submits a letter to the City requesting that that the City Council pass a Resolution declaring that certain properties are not in compliance with Chapter 8.16 of the City of Cloverdale Municipal Code regarding weed abatement. The Fire District requests that the City council adopt a resolution declaring non-compliant properties a public nuisance and that the City Council approve removal of the weeds from the identified non-compliant properties, including driveways and adjacent sidewalks as necessary.
________________________________________________________________________________________ Summary:

Due to the significant amount of vegetation growth this year, the Fire District conducted a second set of property inspections and subsequently sent a second round of letters to property owners with high or otherwise unmaintained weeds on their property. It is the responsibility of owners or agents in charge or control of any premises within the City to remove weeds in such a manner that they do not become a nuisance. Whenever any such weeds are growing upon any property within the City, the Council may by resolution declare the same to be a public nuisance. While the Fire district is actively working with property 82 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024

owners to encourage weed abatement, Fire Chief Jason Jenkins has requested that the City Council declare weed conditions at specified locations throughout the City a public nuisance and that City Council approve removal of the weeds from these properties. The attached resolution (Attachment 1) sets out a general description of such weeds and their location to give all property owners or agents affected notice of the required abatement.

The Council may provide for the removal of the nuisance by rotovating, discing or mowing of weeds, or any other method at the discretion of the Fire Chief or his representative or any other authorized person, unless the council shall specifically direct otherwise. The attached resolution sets a time and place for the hearing of any objections to the proposed destruction or removal of such weeds by the City and states that the expenses associated with such removal, including administrative costs, shall constitute a lien and may be assessed upon the lot or lands from which the weeds have been destroyed or removed. ________________________________________________________________________________________ Options:

1. Approve Resolution as drafted

2. Amend and approve attached resolution; or

3. Provide additional direction to staff.
____________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

Expenses including weed abatement and incidental administrative costs shall constitute a lien and may be assessed upon the property.
________________________________________________________________________________________ Attachments:

1. Resolution

2. Fire District Letter
83 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE DECLARING ALL WEEDS GROWING

WITHIN THE CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE

THE SAME UPON SPECIFIED PRIVATE PROPERTIES UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF CLOVERDALE MUNICIPAL CODE CHAPTER 8.16, ENTITLED WEED ABATEMENT WHEREAS, the City of Cloverdale Municipal Code, Chapter 8.16, defines as a nuisance “weeds growing upon and adjacent to private property within the City, which are allowed by the owners thereof to flourish and grow in such a manner that they constitute a health, fire and safety menace to the citizens of the City” which should be abated; and
WHEREAS, Cloverdale Municipal Code section 8.16.030(B) provides that upon request by the Fire Chief, the Council may recommend and order such nuisance to be abated by having the weeds destroyed or removed; and
WHEREAS, Fire District Chief Jason Jenkins submitted a letter to the City, reporting that the Cloverdale Fire Protection District had conducted inspections and found that certain specified properties within the city limits were not in compliance with the City weed abatement code; and WHEREAS, the certain properties within the City of Cloverdale identified in Exhibit “A” remain in violation of the weed abatement ordinance, constituting a public nuisance due to weed conditions in the front, rear and side yards and posing a risk to public safety by creating a fire hazard.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale finds that the weeds growing on the private properties located at the above referenced properties, constitute a public nuisance and pose a risk to public safety by creating a fire hazard and does hereby declare said conditions to be a public nuisance, and orders said nuisance conditions to be abated by the destruction or removal of the weeds; and
BE IT FURTHER RESOLVED that, if the weeds are not abated by removal or destruction prior to August 14, 2024, they will be removed and the nuisance abated by the City.

BE IT FURTHER RESOLVED that a hearing on any objections to the proposed destruction or removal of such weeds by the City is hereby set for Wednesday, August 14, 2024, at or soon after 6:00 p.m. in the Cloverdale Performing Arts Center located at 209 N. Cloverdale Blvd., Cloverdale, California.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to mail written Notices to Destroy Weeds in the form set forth in Cloverdale Municipal Code section 8.16.050 to each of the assessed owners of record of the subject properties, along with a copy of this resolution ordering the destruction or removal of the weeds and setting the date of Wednesday, August 14, 2024, at or soon after 6:00, for hearing all objections from the assessed owners as listed in this resolution. 84 IT IS HEREBY CERTIFIED that the foregoing Resolution was duly introduced and legally adopted by the City Council of the City of Cloverdale at its regular meeting held on this 24th day of July, 2024 by the following voice vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved: Attested:
_________________________ _________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit “A” – List of properties in violation with the Weed Abatement Ordinance provided by Cloverdale Fire Protection District prior to City Council meeting
85 Northern Sonoma County Fire – Cloverdale
451 S Cloverdale Blvd. • Cloverdale, CA 95425 • Phone: 707-894-3545 • Fax: 707-894-2014 Date 06/28/2024
City of Cloverdale
Attn: City Manager _David Kelley_ & honorable Mayor _Todd Lands_ 124 N Cloverdale Blvd
Cloverdale, CA 95425
RE: WEED ABATEMENT
Dear City Manager _David Kelley__ and Mayor _Todd Lands__, In May of _2024___ the Cloverdale Fire Protection District, pursuant to the California Fire Code, declared weeds a public nuisance in the Cloverdale City Limits. This declaration is made annually before we receive complaints and inspect properties for vegetation management compliance.

The Cloverdale Fire Protection District now requests that the City Council pass a Resolution declaring the following properties non-compliant and a public nuisance and that the City Council approve removal of the weeds from these properties, including driveways and adjacent sidewalks, as necessary. The request for Council action is deemed necessary due to failed attempts by the Fire Protection District to resolve the nuisance through violation notices as shown below that were sent on June _22rd__with a deadline of June _27th__ for completion:

Property address and APN #
No site address, #116-060-067, 027, 012, 025, 116-050-061 650 S. Cloverdale Blvd, #001-332-009
680 S. Cloverdale Blvd, #001-332-021
55 Tarman Dr., #001-332-019
253 E Third St., #116-080-005
115 Brookside Dr., #001-*252-016
13 Blair St., #001-093-020
134 Caldwell St., #001-083-007
306 Toscana Cir., #116-490-023
308 Toscana Cir., # 116-490-022
201 Comazzi Ln., #115-230-044
389 Clovercrest Dr., #116-180-013
129 Furber Ln., #116-380-021
107 Clark Ave., #001-255-007
Each of these properties was inspected by our fire district personnel prior to each notice of violation.

Sincerely,
Jason Jenkins, Fire Chief
Cc: Rafael Miranda & Kevin Thompson
86 To: Mayor Todd Lands, Vice Mayor Brian Wheeler, Councilmember Gus Walter, Councilmember Melanie Bagby, Councilmember Marjorie Morgenstern, City Manager David Kelly, Fire Chief Jason Jenkins.

Regarding Item 7 of city council meeting July 24, 2024
I live at 299 Shahan Drive, my property borders the Vista Oaks area. For as many years as the developer has been here it has been near impossible to get him to perform the required weed abatement. The few times that he has complied it has been well past the July 1 deadline. Last year for example Battalion Chief Rick Blackmon had a local man weed eat grass 30 foot from my fences in “September”.

The man claimed he hasn’t been paid for his work and was not authorized to remove dry brush stacked next to my fence. Today is July 20 and nothing has been done. It is evident that unless there is some form of penalties levied, that outfit is going to continue to ignore their responsibilities and place my property and our city at risk.

Thank you for your attention:

Luciano Toninato
87 City Council/Successor Agency
Agenda Item Summary Agenda Item: H.1
Meeting Date: July 24, 2024
Agenda Section:

Public Hearing
Staff Contact:

Kevin Thompson, Assistant City Manager / Comm. Dev. Dir Agenda Item Title:

Introduction and first reading of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to more clearly define the off-street parking standards for recreational vehicles in residential areas. ________________________________________________________________________________________ Recommended Council Action(s):

Introduction and First Reading by title only and waiving reading of the text, of an Ordinance (Attachment 1) titled:
“An Ordinance of the City of Cloverdale amending Section 18.11.060; Recreational Vehicle Parking of the Cloverdale Municipal Code.”
________________________________________________________________________________________ Background:

After a recent code enforcement case regarding RV storage in front yards, the City Council directed the Planning and Sustainability Subcommittee to review the current ordinance (Attachment 1). At the April Planning and Sustainability Subcommittee the subcommittee recommended the Planning Commission review the screening requirement in the current ordinance and make any necessary amendments. In May, the Planning Commission provided preliminary feedback on potential code changes that are primarily intended to more clearly define the screening requirement for off-street parking of recreational vehicles. On June 4, 2024, the Planning Commission held a properly noticed public hearing and adopted PC Resolution No. 006-2024 recommending approval of the Ordinance amending the Municipal Code. The Planning Commission deliberated and took substantial public comment over the course of two meetings.

CEQA
The proposed code amendments are exempt from CEQA under Section 15061(b)(3)) because they would establish new or revised development standards and future development is still subject to permitting, and would still require individual review for compliance with CEQA. ________________________________________________________________________________________ Summary:

The following proposed amendments to CMC Section 18.11.060.B. are primarily intended to more clearly define the screening requirement for off-street parking of recreational vehicles.

Delete the following from 18.11.060.B:

1. Screening is required for all recreational vehicles that are stored or parked in the open or on a vacant lot. They may be parked in a completely enclosed garage or structure as an alternative to the screening requirement and size limitation.

Replace Section 18.11.060.B. with the following:

1. Within the front yard (as defined by Table 18.04.050-A), off-street parking areas for recreational vehicles shall be developed with an improved hardscape surface such as concrete, gravel, pavers, etc.

Recreational vehicles shall not be parked on grass or dirt. 88 City Council/Successor Agency Agenda Item Summary
Meeting Date: July 24, 2024

2. Recreational vehicles shall appear in a safe condition and shall be maintained and operable in accordance with CMC Section 8.02.030 (Maintenance of Property). ________________________________________________________________________________________ Options:

1. Reject the Draft Ordinance; or

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

None
________________________________________________________________________________________ Budget/Financial Impact:

None
________________________________________________________________________________________ Attachments:

1. Draft Ordinance (includes proposed code amendments)
89 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION

18.11.060: RECREATIONAL VEHICLE PARKING OF THE CLOVERDALE MUNICIPAL CODE.

THE COUNCIL OF THE CITY OF CLOVERDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 18.11.060 is amended to read:

18.11.060 Recreational Vehicle Parking.

A. Improperly parked recreational vehicles in residential neighborhoods are regulated because they can:

1. Mar the front yard appearance of residential neighborhoods.

2. Obstruct public sidewalks.

3. Reduce adjacent property values and prevent neighbors from having full enjoyment of their property.

B. Recreational vehicles may be parked at residential properties but are subject to the following:

1. Screening is required for all recreational vehicles that are stored or parked in the open or on a vacant lot. They may be parked in a completely enclosed garage or structure as an alternative to the screening requirement and size limitation.

1. Within the front yard (as defined by Table 18.04.050-A), off-street parking areas for recreational vehiclesshall be developed with an improved hardscape surface such as concrete, gravel, pavers, etc.

Recreational vehicles shall not be parked on grass or dirt.

2. Recreational vehicles shall appear in a safe condition and shall be maintained and operable in accordance with CMC Section 8.02.030 (Maintenance of Property).

SECTION 2. RECITALS
A. Amendments to Cloverdale Municipal Code (CMC) Title 18 (Zoning) are necessary to more clearly define the off-street parking standards for recreational vehicles in residential areas.

B. On June 4, 2024, the Planning Commission held a properly noticed public hearing regarding the Zoning Code text amendments, considered all comments received in writing and all testimony received at the public hearing and adopted PC Resolution No. 006-2024 recommending approval of the Ordinance amending the Municipal Code in order to more clearly define the off-street parking standards for recreational vehicles in residential areas.

C. In an effort to more clearly define the off-street parking standards for recreational vehicles in residential areas, the Planning Commission by adoption of Resolution 006-2024 has 90 recommended revisions to CMC Section 18.11.060 of the Cloverdale Municipal Code, to ensure internal consistency would be maintained.

D. The code amendments are exempt from CEQA under Section 15061(b)(3)) because they would establish new or revised development standards and future development is still subject to permitting and, would still require individual review for compliance with CEQA.

E. The City Council makes the following findings listed in Section 18.030.080 (E) related to a Zoning Ordinance Amendment to amend Cloverdale Municipal Code (CMC) Section 18.11.060:

Recreational Vehicle Parking.

1. The proposed amendment is consistent with the adopted General Plan.

The zoning code text amendments are intended to more clearly define the off-street parking and screening standards for recreational vehicles in residential areas. The amendments also help to forward Goal LU 3 of the General Plan by helping to preserve and enhance Cloverdale’s small town character by establishing standards aimed at allowing residents to store their recreational vehicles on their residential properties. As a result, the amendments have been determined to be consistent with the goals, policies and implementation measures of the General Plan.

2. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

The text amendments include revisions to Section 18.11.060 of the Zoning and Municipal Code. These amendments are internally consistent with all applicable provisions of the Zoning and Municipal Code as they have been revised to more clearly define the off-street parking and screening standards for recreational vehicles in residential areas, ensuring consistency between the CMC, General Plan and Zoning Ordinance.

3. The proposed amendment will not be detrimental to the public health, safety, or welfare or to the use of land in any adjacent zone.

Although one of the main goals of implementing these zoning code text amendments is to help clarify the off-street parking and screening standards for recreational vehicles in residential areas, but it does not eliminate the need for a Building Permit should one be required. The Building Permit review process ensures that the Building, Planning and Engineer Departments, as well as the Fire District all have an opportunity to review development plans prior to permit issuance. The Building Permit process also helps to ensure that the construction of commercial, industrial and residential structures, including accessory structures, within the City is not detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity as construction is required to be in compliance with the latest adopted CA Building and Fire codes.

4. The site is suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested Zoning District and anticipated land uses / developments.
91 The amendments establish standards for uses that are otherwise already allowed or are similar to uses already allowed within the same zoning district or another zoning district within the City. Any future construction is still required to obtain all necessary permits and comply with all applicable development standards.

F. On July 24, 2024, the City Council held a properly noticed public hearing regarding these Zoning Code text Amendments and considered all comments received in writing and all testimony received at the public hearing.

SECTION 3. PURPOSE AND INTENT
The purpose and intent of these changes is to more clearly define the off-street parking standards for recreational vehicles in residential areas and to ensure consistency between the CMC, General Plan and Zoning Ordinance.

SECTION 4. FINDINGS
The above recitals are hereby declared to be true and correct and hereby incorporated herein as the required Findings of the City Council of the City of Cloverdale.

SECTION 5. AMENDMENTS TO TITLE 10 AND TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE Title 18 is amended as listed below and as set forth and detailed in SECTION 1 of this Ordinance.

Section 18.11.060 (Recreational Vehicle Parking)
SECTION 6. SEVERABILITY
If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

SECTION 7. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published once before the expiration of fifteen (15) days after said passage, with the names of the Council Members voting for or against the same, in a newspaper of general circulation published in the County of Sonoma, State of California.

I hereby certify that the foregoing is a true and complete copy of an Ordinance duly and regularly adopted by the City at a regular meeting thereof held on July 24, 2024, by the following vote:
92 PASSED, APPROVED AND ADOPTED this ___ day of _____ by the following vote: (Ayes- ; Noes- ; Absent- ) AYES:

NOES:

ABSENT:

ABSTAIN:

Approved Attested
________________________ _____________________________
Todd Lands, Mayor Michael Maloney, City Clerk
93 Finance, Administration &
Police Subcommittee
Agenda Item Summary
Agenda Item:

Meeting Date:

I.1
July 24,2024
Agenda Section:

New Business
Staff Contact:

Alex Mog, City Attorney
David Kelley, City Manager
Agenda Item Title:

Proposed ¾ Cent Sales Tax Measure for November 5, 2024 Ballot ________________________________________________________________________________________ Recommended City Council Action:

Adopt a Resolution Entitled: “Resolution of The City Council Of The City of Cloverdale Calling And Giving Notice of the Holding of An Election On November 5, 2024, to Consider the City of Cloverdale Measure to Enact a ¾ Cent General Transactions and Use Tax (Sales Tax), and Requesting 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.
________________________________________________________________________________________ Background:

The City of Cloverdale has a limited financial capacity to fund critical capital projects and service priorities/needs of the community. The City often relies on budget reserves to close expenditure and revenue gaps and is unable to fund the long-term capital project and maintenance needs of the City. In 2023, the City Council retained Isom Advisors to conduct a voter survey to assess voter support for a potential revenue measure on the local ballot. The survey results were presented to the City Council on March 24, 2024.

Upon review of the survey results, the City Council directed staff to schedule a Town Hall to gather valuable information and feedback from our community regarding the potential placement of a revenue measure on the ballot for the November 2024 general election. On May 22, 2024, the City Council held a Town Hall following the regularly scheduled Council meeting, where community input was sought to better understand the needs and priorities of our community and ensure that any decisions made align with the needs and best interests of our residents. During the Town Hall, staff gave a detailed presentation on some of the City’s significant capital needs.

Those needs include, but are not limited to:
• Road Repairs. 1/3 of the City’s roads are rated in poor or very poor condition. Over the next five years it will cost an estimated $5 million to maintain the current condition of the City roads, and almost $31 million to bring all City roads up to fair or good condition. • Pedestrian & Safety Improvements. The City currently has over $1 million in unfunded pedestrian and safety improvements projects for the next two years, such as sidewalks along Asti Road and restriping of Cloverdale Blvd.
• Park Improvements. The City has identified over $2.5 million for planned improvements at City Parks, in addition to ongoing maintenance and repair costs for existing park facilities and equipment. • Public Safety. The City’s Police Station is in very poor condition and needs to be replaced. The cost of replacement is over $10 million, including at least $250,000 for design and planning. The Police Department also has ongoing needs for vehicles and equipment to be replaced regularly.

Over multiple meetings, the City Council considered a wide range of possible ballot measures to raise revenue, including a potential sales tax measure. The standard sales tax rate in California is 7.25%. Of this amount, the City receives the standard 1% sales tax (known as the Bradley Burns Sales Tax). Voters in Sonoma County have approved .25% in additional sales tax. Accordingly, the current sales tax in Cloverdale is 8.5%. 94 Many cities in Sonoma County have chosen to increase the local sales tax further. Below are the current sales tax rates in Sonoma County jurisdictions:

City Rate
Cotati 9.5%
Healdsburg 9.0%
Petaluma 9.5%
Rohnert Park 9.0%
Santa Rosa 9.25%
Sebastopol 9.25%
Sonoma 9.0%
Windsor 8.5%
On June 12, 2024, the City Council directed staff to prepare materials for the placement of a ¾¢ sales tax on the ballot. If approved, that would increase the sales tax in Cloverdale to 9.25%, which would be roughly the median for Sonoma County cities. The sales tax is paid not just by Cloverdale residents but also by visitors who shop in Cloverdale and utilize local services and infrastructure. Essential purchases like groceries and medicine are exempt from sales tax.
________________________________________________________________________________________ Summary:

The proposed Resolution, if adopted, would place a measure on the ballot for consideration by the voters during the November 5, 2024 General Election. If approved by a simple majority of the voters, the proposed Measure would adopt a ¾-cent sales tax, which would remain in effect until ended by the voters. The sales tax would be a general tax.

The question that will be presented to voters, and included on the ballot itself, is proposed as follows:

To fund street and sidewalk repair and maintenance, improve public safety infrastructure, enhance park facilities and open spaces, make health, safety, and security improvements, and for general government use, shall an ordinance be adopted establishing a ¾¢ sales tax until ended by voters, providing approximately $1,600,000 annually in locally-controlled funding that cannot be taken by the state or county, with independent citizen oversight and required annual audits?
Yes
No
The Resolution also requests that the County Board of Supervisors approve consolidating the election on this Measure with the November 5, 2024 general election, and asks the County Registrar of Voters to conduct the election. The Resolution also establishes deadlines for individuals to submit arguments in favor/against the Measure, as well as deadlines for rebuttal arguments. The Mayor is authorized to submit arguments in favor of the Measure on behalf of the City, which may be signed by up to four additional individuals.

The exact text of the Measure (which is in the form of an ordinance) that will be submitted to voters is included as Exhibit A of the Resolution. The majority of the proposed Ordinance enacting the sales tax increase is required by the California Department of Tax and Fee Administration (“CDTFA”), which is the state agency responsible for collecting and administering sales taxes throughout the state. However, there are certain aspects of the Ordinance which have been customized for Cloverdale. Specifically, the Ordinance requires:
95 1. Annual Audit. The draft ordinance includes a requirement for an annual audit of revenue collected from the sales tax measure. This would occur as part of the annual comprehensive audit of the City’s financial statements.

2. Reporting. The draft ordinance requires City to account for the revenue generated by the sales tax and how it is expended separate from the rest of the General Fund. This will occur as part of the annual budget adoption process, and a report showing the actual expenditures will be prepared after the end of each fiscal year. This will give the Council and public a clear understanding of exactly how the revenue from the sales tax measure is spent.

3. Citizen Oversight. The Ordinance requires the City Council to appoint a three-person independent citizens oversight committee to, every five years, review and report on the on the revenue and expenditure of funds from the sales tax measure. The Committee Members can be Cloverdale residents or Cloverdale business owners. The Measure gives the Council the authority to establish more detailed responsibilities.

The Measure also specifies that the Council can choose to appoint one oversight committee for both the proposed sales tax measure and the City’s existing utilities users’ tax (UTT), but also retains the authority to appoint two separate committees if desired.

The language establishing these requirements in the proposed Ordinance is substantially similar to the language used in the UUT Ordinance.

Because the proposed sales tax is a general tax, approval of the Resolution to place the proposed Measure on the November 2024 ballot requires a four-fifths vote of the City Council. In order to pass, the Measure must receive a simple majority (50%+1) of votes during the election.
________________________________________________________________________________________ Options:

1. Do not adopt Resolution placing sales tax measure on November 5, 2024

2. Direct staff to make changes to the proposed resolution or sales tax measure

2. Provide alternative direction to staff.
________________________________________________________________________________________ Subcommittee Recommendation:

The Finance, Administration, and Police Subcommittee considered the draft ordinance and ballot question at its July 1, 2024 meeting, and provided feedback to staff.
________________________________________________________________________________________ Budget/Financial Impact:

In addition to Staff and City Attorney time related to election administration, the City will be responsible for reimbursing the Sonoma County Registrar of Voters for its cost to include the ballot measure as part of the consolidated election. The ROV has estimated that cost at between $8,009 and $13,348. ________________________________________________________________________________________ Attachments:

1. Proposed Resolution Placing ¾-Cent Sales Tax on November 5, 2024 Ballot

2. Ordinance Enacting ¾-Cent Sales Tax
96 1

CITYOF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. 0XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION ON NOVEMBER 5, 2024, TO CONSIDER THE CITY OF CLOVERDALE MEASURE TO ENACT A ¾ CENT GENERAL TRANSACTIONS AND USE TAX (SALES TAX), AND REQUESTING 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
WHEREAS, the City of Cloverdale has a limited financial capacity to fund critical capital projects and service priorities/needs of the community; and
WHEREAS, Cloverdale, like all California cities, has faced revenues that do not keep up with the increasing cost of addressing infrastructure and maintenance needs and fund enhancements to city streets; and
WHEREAS, the City often relies on budget reserves to close expenditure and revenue gaps and is unable to fund the long term capital project and maintenance needs of the City; and WHEREAS, Cloverdale residents highly value the preservation and maintenance of City streets, sidewalks, parks, and recreation facilities as prominent aspects of quality of life and a high priority for the City to ensure access to a wide variety of business and recreational opportunities within the City; and
WHEREAS, without a dedicated source of funding to invest in maintenance and enhancement needs, Cloverdale will be unable to fully address maintenance responsibilities of its streets and sidewalks, parks and recreation facilities; and
WHEREAS, one-third of the City’s roads are rated in poor or very poor condition. Over the next five years, it will cost an estimated $5 million to maintain the current condition of the City roads, and almost $31 million to bring all City roads up to fair or good condition; and WHEREAS, the longer roads go without repair, the more expensive it will be to fix; and WHEREAS, the City currently has over $1 million in unfunded pedestrian and safety improvement projects for the next two years; and
WHEREAS, the City has identified over $2.5 million of planned improvements at City parks, in addition to ongoing maintenance and repair costs for existing park facilities and equipment, as well as City open space; and
97 2
WHEREAS, it is a priority of the City Council to rehabilitate public facilities and to develop financing plans to address deferred maintenance of facilities and infrastructure; and WHEREAS, the City authorized to levy a Transactions and Use Tax (“Sales Tax”) for general purposes pursuant to California Revenue and Taxation Code sections 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, Section 2 of the California Constitution; and
WHEREAS, the City’s voters are authorized to enact a ¾ cent Sales Tax pursuant to Revenue and Taxation Code sections 7285.9 and 7251.1; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and WHEREAS, passage of an increase in the local sales tax rate will provide approximately $1.6 million annually to preserve the most essential City services that keep Cloverdale safe and maintain quality of life for residents; and
WHEREAS, a sales tax is paid not just by Cloverdale residents but also by visitors who shop in Cloverdale and utilize local services and infrastructure; and WHEREAS, essential purchases, like groceries and medicine, are exempt from sales tax, ensuring that this measure is not a burden to those on fixed or limited incomes who spend mostly on essential items; and
WHEREAS, all funds from the proposed measure are subject to strict fiscal accountability protections to ensure that all funds are spent properly; and WHEREAS, all funds from the proposed measure will be locally controlled and spent for local needs, and no funds can be taken by the State or County; and WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure to adopt an additional ¾-cent local Sales Tax until ended by the voters; and
WHEREAS, the proposed Measure would approve a new Sales Tax on the sale of tangible personal property and the storage, use, or other consumption of such property until repealed by voters. The tax revenue would be collected by the State and remitted to the City. The tax shall be approved if the measure receives at least a simple majority of affirmative votes of those voting on the measure; and
WHEREAS, the City Council desires that the proposed Measure be consolidated with the November 5, 2024 general election, to be held on the same date, and that within the City, the 98 3
polling places and election officers of the two elections be the same, and that the Sonoma County Election Department canvass the returns of the general election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, BE IT RESOLVED thatthe City Council ofthe City of Cloverdale does hereby find, determine, and declare as follows:

1. The foregoing recitals are true and correct and are hereby incorporated by reference.

2. Pursuant to Elections Code section 9222, the City Council of the City of Cloverdale hereby calls an election at which it shall submit to the qualified voters of the City the Transactions and Use Tax (“Sales Tax”) Measure, which, if approved, would enact a ¾ cent Sales Tax, as authorized by Revenue and Taxation Code sections 7285.9 and 7251.1. The City Council hereby requests that the election be consolidated with the statewide election to be held on November 5, 2024. The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in Election Code section 10418.

3. The question to be presented to the voters shall be as set forth below. This question requires the approval of a majority of qualified electors casting votes:

To fund street and sidewalk repair and maintenance, improve public safety infrastructure, enhance park facilities and open spaces, make health, safety, and security improvements, and for general government use, shall an ordinance be adopted establishing a ¾¢ sales tax until ended by voters, providing approximately $1,600,000 annually in locally-controlled funding that cannot be taken by the state or county, with independent citizen oversight and required annual audits?
YES
NO

4. The full text of the proposed Measure (which is in the form of an ordinance) to be submitted to the voters is attached as Exhibit A (the “Measure”) hereto and shall be made available to the public upon request to the Office of the City Clerk. The Measure shall be completely printed in the voter pamphlet. If a simple majority of the qualified voters voting on the Measure vote in favor therefore, the Ordinance shall be approved and the Measure shall be deemed adopted upon the City Council’s declaration of the results of the election.

5. The City Clerk is authorized, instructed, and directed to work with the Office of the Registrar of Voters as needed in order to properly and lawfully conduct the election. The ballots to be used in the election shall be in form and content as required by law. The Office 99 4
of the Registrar of Voters is authorized to canvass the returns of the general municipal election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

6. The Board of Supervisors is requested to instruct the Office of the Registrar of Voters to provide such services as may be necessary for the holding of the consolidated election.

The election shall be held in all respects as if there were only one election. The City recognizes that the County will incur additional costs because of this consolidation and agrees to reimburse the County for those costs. The City Manager is hereby authorized and directed to expend the necessary funds to pay for the City’s cost of placing the Measure on the election ballot.

7. Arguments; Impartial Analysis; Deadlines
a. The last day for submission of primary arguments for or against the Measure shall be by 5 p.m. on August 16, 2024.
b. The last day for submission of rebuttal arguments for or against the Measure shall be by 5 p.m. on August 23, 2024.
c. Primary arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
d. Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five (5) persons; those persons may be different persons than the persons who signed the primary arguments. e. Pursuant to California Elections Code section 9282, the City Council hereby designates the Mayor to submit a written argument in favor of the proposed Measure, not to exceed three hundred (300) words, on behalf of the City Council. At the Mayor’s discretion, the argument may also be signed by additional signers from the community, including bona fide associations, or by individual voters who are eligible to vote on the Measure. In the event that an argument is filed against the Measure, the Mayor is also authorized to submit a rebuttal argument on behalf of the City Council, which may also be signed by additional signers from the community, including bona fide associations, or by individual voters who are eligible to vote on the Measure, which may be different from those who signed the primary argument. f. Pursuant to California Elections Code section 9285, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor.

Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument, which it seeks to rebut.
g. Pursuant to California Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a certified copy of the measure to the City 100
5 Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed five hundred (500) words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and file the impartial analysis with the City Clerk by August 16, 2024.

8. The City Clerk is directed to file certified copies of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Sonoma, together with the attached ballot measure.

9. The approval of this Resolution 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”). This Resolution places an Ordinance on the ballot, which if adopted, imposes a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the Ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.

10. The City Manager, City Attorney, and City Clerk are authorized to make all approvals, expend funds, enter into any agreements, and take any and all actions necessary or appropriate to carry out and implement the terms of this Resolution and to administer the City’s obligations, responsibilities, and duties to be performed herein.

11. This Resolution shall become effective immediately upon its passage and adoption.

It is hereby certified that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on the 24th day of July, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:

Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A – City the Cloverdale Transactions and Use Tax Measure 101
1 ORDINANCE NO._________
AN ORDINANCE OF THE CITY OF CLOVERDALE ADDING CHAPTER 3.50

TO THE CLOVERDALE MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE (SALES) TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
WHEREAS, the City of Cloverdale has a limited financial capacity to fund critical capital projects and service priorities/needs of the community; and WHEREAS, Cloverdale, like all California cities, has faced revenues that do not keep up with the increasing cost of addressing infrastructure and maintenance needs and fund enhancements to city streets; and
WHEREAS, the City often relies on budget reserves to close expenditure and revenue gaps and is unable to fund the long term capital project and maintenance needs of the City; and WHEREAS, Cloverdale residents highly value the preservation and maintenance of City streets, sidewalks, parks, and recreation facilities as prominent aspects of quality of life and a high priority for the City to ensure access to a wide variety of business and recreational opportunities within the City; and
WHEREAS, without a dedicated source of funding to invest in maintenance and enhancement needs, Cloverdale will be unable to fully address maintenance responsibilities of its streets and sidewalks, parks and recreation facilities; and
WHEREAS, one-third of the City’s roads are rated in poor or very poor condition. Over the next five years, it will cost an estimated $5 million to maintain the current condition of the City roads, and almost $31 million to bring all City roads up to fair or good condition; and WHEREAS, the longer roads go without repair, the more expensive it will be to fix; and WHEREAS, the City currently has over $1 million in unfunded pedestrian and safety improvement projects for the next two years; and
WHEREAS, the City has identified over $2.5 million of planned improvements at City parks, in addition to ongoing maintenance and repair costs for existing park facilities and equipment, as well as City open space; and
WHEREAS, it is a priority of the City Council to rehabilitate public facilities and to develop financing plans to address deferred maintenance of facilities and infrastructure; and WHEREAS, the City authorized to levy a Transactions and Use Tax (“Sales Tax”) for general purposes pursuant to California Revenue and Taxation Code sections 7285.9 and 7292.8, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, Section 2 of the California Constitution; and
102
2 WHEREAS, passage of an increase in the local sales tax rate will provide approximately $1.6 million annually to preserve the most essential City services that keep Cloverdale safe and maintain quality of life for residents; and
WHEREAS, a sales tax is paid not just by Cloverdale residents but also by visitors who shop in Cloverdale and utilize local services and infrastructure; and WHEREAS, essential purchases, like groceries and medicine are exempt from sales tax, ensuring that this Measure is not a burden to those on fixed or limited incomes who spend mostly on essential items; and
WHEREAS, the City’s voters are authorized to enact a ¾ cent Sales Tax pursuant to Revenue and Taxation Code sections 7285.9 and 7251.1; and
WHEREAS, all funds from the proposed Measure are subject to strict fiscal accountability protections to ensure that all funds are spent properly; and WHEREAS, all funds from the proposed Measure will be locally controlled and spent for local needs, and no funds can be taken by the State or County; and WHEREAS, the People of the City of desire add Chapter 3.50, “Transactions and Use Tax,” to the Cloverdale Municipal Code establishing a ¾-cent Sales Tax until ended by voters.

NOW THEREFORE, THE PEOPLE OF THE CITY OF UNION CITY DO ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Addition of Chapter 3.50 to the Municipal Code. The Cloverdale Municipal Code is hereby amended to add Chapter 3.50 to read as set forth in Exhibit A, attached hereto and incorporated herein.

SECTION 3. Adjustment of Appropriations Limit. Pursuant to Article XIIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City is hereby increased by the aggregate sum authorized to be levied by this tax for fiscal year 2024-25 and each year thereafter.

SECTION 4. Compliance with the California Environmental Quality Act. 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”). This Ordinance imposes a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the Ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.
103
3 SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 6. Effective date & Publication. This Ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon certification of the results of the Election Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Sonoma County and circulated in the City of Cloverdale, in accordance with California Government Code section 36933.
104
4 EXHIBIT A

3.50 2024 Transactions and Use Tax

3.50.010 Title

3.50.020 Operative Date

3.50.030 Purpose

3.50.040 Contract with State

3.50.050 Transactions Tax Rate

3.50.060 Place of Sale

3.50.070 Use Tax Rate

3.50.080 Adoption of Provisions of State Law

3.50.090 Limitations on Adoption of State Law and Collections of Use Taxes

3.50.100 Permit Not Required

3.50.110 Exemptions and Exclusions

3.50.120 Amendments

3.50.130 Enjoining Collection Forbidden

3.50.140 Amendments by City Council

3.50.150 Annual Audit

3.50.160 Citizen Oversight

3.50.010 Title.

This Ordinance shall be known as the City of Cloverdale Transactions and Use Tax Ordinance.

The City of Cloverdale hereinafter shall be called “City.” This Ordinance shall be applicable in the incorporated territory of the City.

3.50.020 Operative Date.
“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of such adoption being as set forth below.

3.50.030 Purpose.

This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the Measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax 105
5 and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance.

3.50.040 Contract with State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.50.050 Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of three-quarters of one percent (0.75%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Ordinance.

3.50.060 Place of Sale.

For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.50.070 Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Ordinance for storage, use or other consumption in said territory at the rate of 0.75% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.50.080 Adoption of Provisions of State Law.
106
6 Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein.

3.50.090 Limitations on Adoption of State Law and Collections of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.50.100 Permit Not Required.
107
7 If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance.

3.50.110 Exemptions and Exclusions.

A. There shall be excluded from the Measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property:
108
8 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.50.120 Amendments.

All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with 109
9 Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.

3.50.130 Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.50.140 Amendments by City Council.

Chapter 3.50 of the Cloverdale Municipal Code may be repealed or amended by the City Council without a vote of the People. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment of any provision that would increase the tax rate or revising the methodology for calculating the tax such that a tax increase would result, or imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of California law). The People of the City of Cloverdale affirm that the following actions shall not constitute an increase of the rate of a tax:

A. The restoration of the rate of the tax to a rate that is no higher than that set by this Ordinance if the City Council has acted to reduce the rate of the tax; and B. The collection of the tax imposed by this Ordinance, even if the City had for some period of time failed to collect the tax.

3.50.150 Annual Audit & Report.

A. Annually the City Council retains an independent auditor to conduct an audit of and provide audited financial statements for all of the City’s financial activities. The auditor shall include an accounting of the revenue received from the tax established by this Chapter and expenditures thereof in the audited financial statements. The auditor’s report shall be presented to the Council and the committee established in Section 3.50.160 of this Section and made available to the public.

B. Each year, as part of the adoption of the annual budget, the Finance Manager shall account for the revenue anticipated to be received from the tax imposed pursuant to this Chapter, and how such funds are proposed to be expended. Following the end of the fiscal year, in conjunction with the City Council’s review of the audit of the City’s financial statements, the Finance Manager shall prepare a report for the Council and the public showing the actual expenditure of funds collected by the City pursuant to this Chapter during the previous fiscal year.

3.50.160 Citizen Oversight.

A. Beginning in fiscal year 2025-2026, and every fifth fiscal year thereafter, that this Chapter is in effect, the City Council shall appoint a three-member committee to review and 110
10 report on the receipt of revenue and expenditure of funds from the tax authorized by this Chapter. The Committee Members shall be either Cloverdale residents or representatives of Cloverdale businesses. The Auditors’ annual reports and Finance Manager reports required by Section 3.50.150 shall be provided to the Committee. The Committee shall review the Auditors’ reports and Finance Manager reports and prepare a separate report that reviews the status and performance of the programs and services funded wholly or partially with proceeds of tax enacted by this Chapter. The Committee’s report shall be completed and submitted to the City Council as part of its budget considerations in the fiscal year in which the Committee Members are appointed.

B. By June 30, 2025, the City Council shall adopt a resolution establishing the composition of the Committee required by Section 3.50.150, setting the terms of office of the Committee Members, and defining the scope of the Committee’s responsibilities, which at a minimum shall include the actions listed in Subsection A of this Section. The City Council shall appoint all Members of the Committee by December 31, 2025, and every fifth December 31st thereafter.

C. The City Council may elect to have the Committee established by this Section also carry out the duties established by Section 3.40.290 of this Code.

3.50.160 Termination Date.

The authority to levy the tax imposed by this Ordinance shall continue until ended by the voters of the City of Cloverdale.
111
Resolution to Place Measure on
Ballot to Enact ¾¢ Sales Tax
Alex Mog, City Attorney
July 24, 2024
112
Background
 City has limited financial capacity to fund critical capital projects and service priorities of the City
 City’s financial situation and options for raising additional revenue have been discussed at multiple meetings
 After Town Hall, Council directed staff to prepare
materials for a ¾-Cent Sales Tax
113
Sales Tax Basics
 Standard Sales Tax Rate in California is 7.25%
 Of this amount, City receives 1%
 Voters in Sonoma County have previously approved 1.25% in additional sales tax
 Current rate in Cloverdale is 8.5%, which is the lowest in the County
 ½-Cent Measure H (Fire Tax) goes into effect October 1, 2024
114
Current Sales Tax Rates in Sonoma
County
City Rate
Cloverdale 8.5%
Cotati 9.5%
Healdsburg 9.0%
Petaluma 9.5%
Rohnert Park 9.0%
Santa Rosa 9.25%
Sebastopol 9.25%*
Sonoma 9.0%*
Windsor 8.5%
115
Proposed Sales Tax Measure
 ¾-Cent Sales Tax would raise Cloverdale Sales Tax to 9.75%  Sonoma County “Our Kids Our Future Ballot Measure” would enact additional 0.25% sales tax if approved
 Measure would raise approximately $1.6 million annually, to be spent locally.
 Essential purchases, like groceries and medicine, are exempt from sales tax.
 Sales tax paid by Cloverdale residents and visitors
116
Accountability
 Annual audit required as part of City’s comprehensive audit
 Annual reporting required on how money is spent
 Citizen oversight
 3-person committee appointed by Council (residents or business owners)
 Same structure as UUT Oversight Committee
117
Proposed Ballot Measure
To fund street and sidewalk repair and
maintenance, improve public safety
infrastructure, enhance park facilities and
open spaces, make health, safety, and security
improvements, and for general government
use, shall an ordinance be adopted establishing
a ¾¢ sales tax until ended by voters, providing
approximately $1,600,000 annually in locallycontrolled funding that cannot be taken by the state or county, with independent citizen
oversight and required annual audits?
YES
NO
118
Proposed Ballot Measure
 General tax requiring 50%+1 approval for voters to be enacted
 4/5 Vote of the City Council is necessary to place measure on ballot
119
Proposed Resolution
 Calls election for proposed ballot measure
 Request County consolidate election with Statewide
General Election and ROV conduct Election
 Places Measure on the Ballot
 Establishes argument and rebuttal deadlines
 Authorizes Mayor to write argument in favor of ballot measure.
120
Recommendation
Adopt a Resolution entitled, “A Resolution of the City
Council of the City of Cloverdale Calling and Giving
Notice of the Holding of an Election on November 5,
2024, to Consider the City of Cloverdale Measure to
Enact a ¾ Cent General Transactions and Use Tax (Sales
Tax), and Requesting that the Sonoma County Board of
Supervisors Consent to the Consolidation of this Election with the Statewide General Election on the Same Date
and Direct the Registrar of Voters to Conduct the
Election.”
121
From: Reece Foxen <[email protected]>
Sent: Wednesday, July 24, 2024 10:42 AM
To: Melanie Bagby <[email protected]>; Gus Wolter <[email protected]>; Marjorie Morgenstern <[email protected]>; Brian Wheeler <[email protected]> Cc: David Kelley <[email protected]>
Subject: Meeting July 24th
Hello All. . .

I want you to know that I will not be attending the meeting tonight.

I am staying home to hear President Biden speak.

I want you to know my stance on the tax measure at 3/4¢ has not changed.

A 1/2¢ I would support wholeheartedly.

I seriously doubt you will change your minds, but just in case you gain some wisdom. . .

See you again soon,
Reece
Reece Foxen
707.894.3317
[email protected]
122
From: Melanie Bagby
To: Michael Maloney
Subject: Council Report 7/11-7/24
Date: Wednesday, July 24, 2024 9:36:31 AM
Attachments: SMART General Manager Report_07-17-2024.pdf 7/11-12 Attended Cal Cities Board Meeting, Pasadena
7/17 Attended SMART Board Meeting, Petaluma.
7/18 Attended Great Redwood Trail Board Meeting, Healdsburg. See GRTA on NBC local Bay Area Outdoors: https://www.nbcbayarea.com/news/local/openroad/open-road-greatredwood-trail/3599746/ 7/19 Chaired Sonoma County Mayors' & Councilmembers' Legislative meeting, received updates on local and state legislation.

The Committee took action on the following bills:

AB 1359 (Papan D) California Environmental Quality Act:

Moved by Petaluma and seconded by Healdsburg to Support: One abstention, six support.

AB 1886 (Alvarez D) Housing Element Law: substantial compliance: Housing Accountability Act
Moved by Petaluma and seconded by Healdsburg to Oppose: Oe abstention, six support.

SB 1298 (Cortese D) Certification of thermal powerplants: data centers.

Moved by Petaluma and seconded by Healdsburg to Oppose: One abstention, six support.

The group also asked for:

The Petaluma Resolution, and staff report, to be distributed to the group on the opposition to Measure J.

A presentation on Our Kids Our Future for the August 16th meeting.

Attended California Alliance for Jobs event for local officials involved in transportation. Santa Rosa
7/23 Discussed local project with developers via zoom
Melanie Bagby
Councilmember, City of Cloverdale
Voicemail 707-893-7170 • [email protected]
Council bio
123
Agenda Item 4 - General Manager’s Report
July 17, 2024
124
General Manager’s Report
• Contracts/Procurements over $100K
• Ridership Update
• Marin County Fair Service
• Construction Update
• Petaluma Bike Fix-It Station
• Marin Sonoma Transit Coordination
• Larkspur Shuttle Ribbon Cutting
• August Service Changes
• Questions
2 125
Contract/Procurements over $100K
• Awarded Contract No. IT-PS-24-001 to EMR, LLC dba Max Accel • Agreement is for Operations Regulatory Compliance Reporting and Tracking Software
• Award was the result of a formal Request for Proposal issued with two responsive proposals being submitted and evaluated.
• Agreement has a not-to-exceed amount of $175,000 and a term through June 30, 2029.
3 CONTRACT # /
PO #

COMPANY NAME ACTION DESCRIPTION AWARD
AMOUNT
IT-PS-24-001 EMR, LLC dba Max Accel AWARD

CONTRACT
Operations Regulatory Compliance
Reporting and Tracking Software for the
FRA
$175,000

CONTRACTS / PURCHASE ORDERS
126
Average Weekday Ridership
June Average Weekday ridership: 3,130
• 23% over June 2023
July Average Weekday ridership to date: 3,220
• 27% over July 2023
1,626
1,802
1,962
2,375
2,162
1,941
1,883
2,128
2,049
2,339
2,485
2,531
2,552
2,707
2,812
2,753
2,686
2,641
2,589
2,492
2,684
3,055
3,183
3,130
3,220
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY23 FY24 FY25
4 127
SMART Ridership (Monthly)
• June Ridership = 80,034
• 20% higher than June 2023
5 128
Daily Ridership Trends
Average daily ridership in FY24 set records for
Weekday, Saturday, and Sunday boardings.
2,489 2,420
1,934
471
1,207
2,111
2,774
990 1,043 1,039
477
724
1,071
1,476
1,152
877 897
725
860
1,248
0 500
1,000
1,500
2,000
2,500
3,000
FY18 FY19 FY20 FY21 FY22 FY23 FY24
Average Weekday Boardings Average Saturday Boardings Average Sunday Boardings 6 129
Bicycles on Board
• Carried nearly 115,000 bicycles in FY24
• All-time record!
• 13% of passengers brought a bicycle on board 53,53769,103 64,869 24,203 54,396 92,741 114,747
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
FY18 FY19 FY20 FY21 FY22 FY23 FY24
7 130
SMART Annual Ridership
Projection
• FY24 ridership 33% higher than FY23
• FY24 Passenger Miles = 18.4M
• Exceeded FY19 Ridership by 19%
8 131
FY25 Ridership Goal
Projection
• FY25 Goal = 950,000
• 11.7% higher than FY24
850,270
950,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,000,000
FY 24 FY25
GOAL
9 132
Pathway Counts
September 2022 – June 2024
Bicyclists (prior year) Pedestrians (prior year) Bicyclists Pedestrians 89,333
0 10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
• June pathway trips = 89,333
• FY24 pathway trips – 763,325
10 133
Marin County Fair SMART Service
July 3 – 7, 2024
11 134
Marin County Fair Service • Partnered with the County to run three additional trips post-
fireworks in support of Marin
County Fair
• Ran 3-car train service during the
day to support heavy loads
• Carried over 1,700 riders post
fireworks • 77% higher than last year.
• Served over 6,000 trips total to
Marin Civic Center over 5 days • 30% higher than last year. • Set a new record for weekday
ridership on Wednesday 7/3 • 4,311
12 135
Petaluma – Penngrove Pathway: Survey Layout
13 136
Pathway– sheet pile installations for drainage pipes
14 137
Windsor Extension – Placing concrete for the Undercrossing 15 138
Windsor Extension – Pathway Grading
16 139
Petaluma Bike Fix-It Station
• Partnered with City of Petaluma
to install a bike fix-it station at
the Downtown Petaluma Station
• Equipped with all tools
necessary to perform basic bike
repairs and maintenance, from
changing a flat to adjusting
brakes
• City will oversee the
maintenance of the Fix-It Station
• This partnership supports firstlast mile access to the station 17 140
Marin Sonoma Transit Coordination July Update
• June kick-off of MASCOTS service planning effort with goal of optimizing transit service on the 101 corridor
• MASCOTS multi-operator planning group leading effort with consultant support
• $100,000 in joint funding from MTC and transit operators • Monthly meetings of GMs & EDs continue
• Recent discussions of Transit Priority, Bus Bridge Service, and Transit 2050+
• Finance Subcommittee meeting monthly to discuss funding distribution scenarios
18 141
Larkspur Shuttle Ribbon Cutting
• June 20th Ceremony
• Partnership with Golden Gate Transit & TAM
• Special thanks to all speakers
• Eric Lucan, Brian Colbert, Gabe Paulson, & David Rabbitt 19 142
• SMART Connect shuttle is now operating at the
Larkspur Station
• Service four days per week:
• Thursday - Friday: 7:00 AM – 12:30 PM and
1:30 PM – 6:00 PM
• Saturday – Sunday: 8:30 AM – 11:30 AM and
12:30 – 7:30 PM
• Fares: $1.50/adults, $0.75 disabled; youth &
seniors ride FREE
• Riders can book ahead (by app or phone) or
just walk-on, space available
• Shuttle meets every train and ferry within 5
minutes
• On the weekends, the van serves the Village
and Town Center malls in Corte Madera Ride Pingo
20 143
August Service Changes
• Adding two weekday round trips on August 12th
• 5:34am Southbound / 7:12am Northbound
• 10:54am Southbound / 12:47pm Northbound
• Trips are designed to:
• Connect with the busiest morning ferry into SF (7:20am) • Provide a convenient option for students traveling northbound to school in the morning
• Offer additional midday service, responding to community request for more midday service
• Golden Gate Transit and Marin Transit are also making coordinated service changes to better connect with
SMART, particularly from the Route 101 and 580.
21 144
Questions?
22 145
Connect with us:
www.SonomaMarinTrain.org
Customer Service:

[email protected]
(707) 794- 3330
23 146
July 18, 2024
The Honorable Toks Omishakin
Secretary, California State Transportation Agency
915 Capitol Mall, Suite 350B
Sacramento, CA 95814
Re: 2024 Transit and Intercity Rail Capital Program (TIRCP) Cycle 7 – Support for SMART Application Secretary Omishakin:

On behalf of the City of Cloverdale, we are pleased to support Sonoma-Marin Area Rail Transit District’s (SMART) request for Transit and Intercity Rail Capital Program (TIRCP) funds to complete the SMART Rail and Pathway Project.

SMART is experiencing unprecedented ridership growth as the pandemic and fire traumas fade and the new North Bay travel patterns emerge. By 2025, the SMART system will cover 48- of the 70-mile voter approved railroad, with 14 stations and 37 miles of pathway open to the public. SMART is providing more service on both weekdays and weekends than was originally planned and the frequency is attracting new riders every day. When combined with SMART’s new short line freight railroad services, the entire system is critical to the economic development of North Bay communities and industries.

The City of Cloverdale has long been a proponent of the return of freight and passenger rail services to our rural, agricultural and hard-working community. Cloverdale was originally developed around rail service and believes the future of California depends on a network of rail to support equitable access to housing and opportunity, economic vitality, lowering of greenhouse gas emissions and protection of our climate. Cloverdale has worked hard to support the Federal, State and Regional goals to reduce emissions, particularly from transportation, including developing a transit-oriented district around the future SMART Station and our Downtown (Cloverdale SMART Station Area/Downtown Plan, July 2010).

Our rural community is also committed to helping recover from the recent years of devastating wildfires and housing loss by supporting those who have been and will continue to be displaced. We are working hard to support infill housing opportunities to address our ongoing housing shortage crisis. Many in the development community have conveyed their interest in creating more housing in Cloverdale, but only if SMART’s services are extended further towards our city.

We recognize our future will be filled with challenges such as creating more housing, ensuring ample broadband access, providing wildfire evacuation options, sourcing sufficient water and providing transportation options that allow our economy to grow and people to have access to opportunity in a way that has minimal environmental impact. Extending SMART to our community can help us meet all of those challenges and create more high-quality transit access connections for California’s North Coast.

We thank you for your consideration of this TIRCP request to match our voters’ commitment to a healthier transportation future.

Sincerely,
Todd Lands,
Mayor
147