Minutes — Cloverdale City Council, August 14, 2024

City Council Meeting Minutes - August 14, 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, AUGUST 14, 2024
CLOSED SESSION - 5:00 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 - 5:00 PM

1. OPENING CLOSED SESSION

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

1.B Roll Call

Present: Mayor lands, Vice Mayor Wheeler, Councilmember Wolter

Absent: Councilmembers: Bagby, Morgenstern

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

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

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

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

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

Mayor Lands adjourned Closed Session at 5:54 p.m.

City Council Meeting Minutes - August 14, 2024 - Page 2 of 6 OPEN SESSION - 6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6:06 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, Wolter

Absent: Councilmember Morgenstern
A.4 Report Out on Closed Session
None.

A.5 Conflict of Interest Declaration
Councilmember Bagby: Item G.4
A.6 Agenda Review (Changes and/or Deletions)
Staff Recommends seeing Item M. after item B.

B. PUBLIC COMMENTS
Mr. Delgado provided appreciation to Council and Councilmember Bagby for her Service.

Mayor Lands rearranged the agenda to see item M. City Manager Report prior to item C.

C. COMMUNICATIONS
C.1 Written Correspondence:
• Correspondence - Connolly
• Correspondence - Fisher
• Correspondence - Commissioner Greene
• Correspondence - Jack
• Correspondence - Koslowsky 1
• Correspondence - Koslowsky 2
D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS
None.

F. PRESENTATIONS
None.

City Council Meeting Minutes - August 14, 2024 - Page 3 of 6 G. CONSENT CALENDAR
Councilmember Bagby requested item G.4 be pulled from the Consent Calendar; and Mayor Lands pulled item G.2.

A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to waive reading of the text and adopt the Consent Calendar (Item G.1 and G.3).

The motion carried by the following vote:

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

Absent: (1) Councilmember Morgenstern
G.1 Approval of Minutes - July 24, 2024
Action: Approved as submitted
G.3 Consider an Agreement Between the City of Cloverdale and the County of Sonoma for Clovercrest Drive Pavement Project
Action: Resolution Adopted
RESOLUTION NO. 042-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING AN AGREEMENT BETWEEN THE CITY OF CLOVERDALE AND

THE COUNTY OF SONOMA FOR CLOVERCREST DRIVE PAVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT.

Mayor Lands moved on to the item G.2 and G.4 which were pulled off the Consent Agenda.

G.2 Consider Appointment of Daniel Frankston to the Planning Commission as an Alternate Commissioner A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to approve Mayor Lands proposed appointment of Daniel Frankston as an alternate member to the Planning Commission, with a term to expire on August 14, 2026.

The motion carried by the following vote:

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

Absent: (1) Councilmember Morgenstern
Councilmember Wolter and Councilmember Bagby provided comments.

G.4 Consider Appointment of Coastland Civil Engineering as the Engineer of Work to Prepare Construction Documents for the 1st Street Sidewalk Gap Closure Project A motion was made by Councilmember Wolter, seconded by Vice Mayor Wheeler, to waive reading of the text and adopt:

City Council Meeting Minutes - August 14, 2024 - Page 4 of 6 RESOLUTION NO. 043-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPOINTING COASTLAND CIVIL ENGINEERING AS THE ENGINEER OF WORK TO PREPARE CONSTRUCTION DOCUMENTS FOR THE 1ST STREET SIDEWALK GAP CLOSURE PROJECT.

The motion carried by the following vote:

Yes: (3) Mayor Lands, Vice Mayor Wheeler, Councilmember Wolter No: (0)
Abstain: (1) Councilmember Bagby

Absent: (1) Councilmember Morgenstern
H. PUBLIC HEARINGS
H.1 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 introduced the item.

Mayor Lands opened and closed the Public Hearing at 6:22 p.m.

A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to waive reading of the text and introduce for first reading by title only:

AN ORDINANCE ENTITLED: “AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION 18.11.060: RECREATIONAL VEHICLE PARKING AND ADDING SECTION 18.04.050(C):

ALLOWABLE PAVING IN THE REQUIRED FRONT YARD OF THE CLOVERDALE MUNICIPAL CODE The motion carried by the following vote:

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

Absent: (1) Councilmember Morgenstern
H.2 Notice to Destroy Weeds for Specified Private Properties Located Within the City Limits.

Assistant City Manager Thompson introduced the item.

Mayor Lands opened and closed the Public Hearing at 6:24 p.m.

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

RESOLUTION NO. 044-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE ORDERING THE CLOVERDALE FIRE PROTECTION DISTRICT CHIEF OR OTHER

AUTHORIZED PERSON TO ABATE WEEDS PREVIOUSLY DECLARED A NUISANCE ON PRIVATE City Council Meeting Minutes - August 14, 2024 - Page 5 of 6 PROPERTIES LOCATED AT 650 & 680 S. CLOVERDALE BOULEVARD (APN 001-332-009 & -021) AND VISTA OAKS SUBDIVISION (APNS 116-050-011, 116-060-012; -025; -027; -033; -063; -067:
001-350-005; -038) AUTHORIZING THE CLOVERDALE FIRE PROTECTION DISTRICT CHIEF OR OTHER AUTHORIZED PERSON TO ENTER ONTO SAID PROPERTIES TO ABATE THE WEEDS; AND,

AUTHORIZING STAFF TO SEEK AN ABATEMENT ORDER THROUGH THE SONOMA COUNTY

SUPERIOR COURT FOR THE SAME, IF NECESSARY UNDER THE CIRCUMSTANCES The motion carried by the following vote:

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

Absent: (1) Councilmember Morgenstern
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 - October 7, 2024 (September 2, 2024 Cancelled) 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 - September 24, 2024 (August 27, 2024 Cancelled) K. COUNCILMEMBER REPORTS
None.

K.1 Written Reports:

Councilmember Bagby
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.

M. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Kelley and Police Chief Parker introduced Police Officer Samantha Bono City Council Meeting Minutes - August 14, 2024 - Page 6 of 6 N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 6:30 p.m. to the next regular meeting of the Cloverdale City Council scheduled for August 28, 2024.

APPROVED ON: September 11, 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 - 5:00 PM

1. OPENING CLOSED SESSION

1.A Call to Order

1.B Roll Call

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

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

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

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

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, AUGUST 14, 2024
CLOSED SESSION - 5:00 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
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 wriCen communicaBons sent to Council on items not listed on the agenda may be discussed at this Bme.

Written communications to be discussed will be listed below, if any.

C.1 Written Correspondence:

D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS
None.

F. PRESENTATIONS
None.

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

G.1 Approval of Minutes - July 24, 2024
Recommended Action(s):

Correspondence - Connolly
Correspondence - Fisher
Correspondence - Commissioner Greene
Correspondence - Jack
Correspondence - Koslowsky 1
Correspondence - Koslowsky 2
2 Approve the July 24, 2024 Draft Minutes
G.2 Consider Appointment of Daniel Frankston to the Planning Commission as an Alternate Commissioner
Recommended Action(s):

Approve Mayor Lands proposed appointment of Daniel Frankston as an alternate member to the Planning Commission, with a term to expire on August 14, 2026.

G.3 Consider an Agreement Between the City of Cloverdale and the County of Sonoma for Clovercrest Drive Pavement Project
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution Of The City Council Of The City Of Cloverdale Approving An Agreement Between The City Of Cloverdale And The County Of Sonoma For Clovercrest Drive Pavement Project And Authorizing The City Manager To Execute Said Agreement.”
G.4 Consider Appointment of Coastland Civil Engineering as the Engineer of Work to Prepare Construction Documents for the 1st Street Sidewalk Gap Closure Project Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Appointing Coastland Civil Engineering as the Engineer of Work to prepare construction documents for the 1st Street Sidewalk Gap Closure Project.” H. PUBLIC HEARINGS
H.1 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 of an Ordinance Entitled: “An Ordinance Of The City Of Cloverdale Amending Section 18.11.060: Recreational Vehicle Parking And Adding Section 18.04.050(C): Allowable Paving In The Required Front Yard Of The Cloverdale Municipal Code.”
CC Minutes - July 24, 2024 - Draft
Agenda Report
Attachment 1 - Application (Redacted)
Councilmember Morgenstern Correspondence
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Agreement
Agenda Report
Attachment 1 - Resolution
Attachment 2 - 1st Street Gap Closure Proposal Letter
Attachment 3 - Cloverdale 1st Street Gap Closure Location Map Agenda Report
3 H.2 Notice to Destroy Weeds for Specified Private Properties Located Within the City Limits.

Recommended Action(s):

Adopt A Resolution Entitled: “Resolution Of The City Council Of The City Of Cloverdale Ordering The Cloverdale Fire Protection District Chief Or Other Authorized Person To Abate Weeds Previously Declared A Nuisance On Private Properties Located At 650 & 680 S.

Cloverdale Boulevard (APN 001-332-009 & -021) and Vista Oaks Subdivision (APNS 116-050- 011, 116-060-012; -025; -027; -033; -063; -067: 001-350-005; -038) Authorizing The Cloverdale Fire Protection District Chief Or Other Authorized Person To Enter Onto Said Properties To Abate The Weeds; And, Authorizing Staff To Seek An Abatement Order Through The Sonoma County Superior Court For The Same, If Necessary Under The Circumstances
I. NEW BUSINESS
None.

J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

K.1 Written Reports:

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.

Attachment 1 - Draft RV Parking Ordinance - Red Line
Attachment 2 - Draft RV Parking Ordinance - Clean
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Abatement LIst
Council Report - Bagby
4 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 28, 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 questions or enter into dialogue with commenters. Comments may also be submitted prior to [email protected]. by 12 p.m. the day of the meeting. Submissions and supplemental attachments are considered public records pursuant to Government Code § 54957.5.

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

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

AB 343: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection 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/directions 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 written 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: August 9, 2024 | Time posted: 11:30 a.m. | City Clerk Signature: s/Mike Maloney 5 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 From: Vicki Connolly
To: City Council
Subject: Dirt Bike Riding at Furber Park
Date: Tuesday, August 06, 2024 7:22:06 PM
Hello,
Today I took my grandchildren to Furber Park, which I do three times a week as I provide childcare for my working daughter. I was stunned to see a dad with two young children using the grass area and ball field for dirt bike riding. When I confronted the parent, he became hostile and declared he has lived here three years and does this routinely, to teach his children how to ride dirt bikes. He stated he has never seen me before and why should I complain.

I've been a Cloverdale resident for 35 plus years.

I called the police department for clarification on the park rules about dirt bikes riding in the park. The response was, "Well, it's not really allowed, but police tend to look the other way".

We either have rules about dirt bike riding in our city parks or we don't. This person was quite arrogant saying he knew I called the police, but he was confident they wouldn't come. He also used the F bomb in front of my grandchildren and his children.

We either have rules or we don't. If it's ok for one family, should we open up Furber Park to all dirt bike riders?
I understand the police have much more pressing issues.

I suggest more signage that would clearly define what type of bikes are not allowed in the Park.

Thanks for considering,
Vicki Connolly
7 From:

To: Gus Wolter; Melanie Bagby; Todd Lands; Marjorie Morgenstern; Brian Wheeler Cc: David Kelley; Kevin Thompson; Michael Maloney
Subject: Cloverdale stock & pillory?
Date: Sunday, August 11, 2024 10:37:21 AM
I’d like to bring your attention to a new topic that Councilman Gus Wolter introduced at the August 5, 2024 Finance, Administration, and Police Subcommittee meeting.

Councilman Gus Wolter: I mentioned this to David before, I'd really like to see us get up, you know, a chair of shame, that you put in the middle of the plaza to reward people for poor behavior, for grafitti, you know, going in and rearranging the shelves, you know, where they sit there from a Saturday, 10 in the morning to 2 in the afternoon, big shade structure so they're not out in the sun, a police officers sitting by him so that nobody hurts him, with just a little sign, "My name is Gus Wolter and I did graffiti," you know, and just sit there, you know.

I wonder if we could do that, I don't know, but that's what you said. Put them in the stocks and they be on the bottom.

Mayor Lands: My mom used to make me get out and hug my brother on the side of the highway, it's the same idea.

Councilman Gus Wolter: But it would be nice if we could do something.

Mayor Lands: I agree, I wish we could.

City Manager David Kelley: We could have opportunities for community service and, I don't know, absent the shame part, there might be ways to employ groups where community services stay in place.

Mayor Lands: I'm pretty sure there's a book on Joe Arpaio that'll tell you how to make it happen.

Councilman Gus Wolter: Sure, sure.

Mayor Lands: Okay, anything else for June? No, thank you.

Please see youtu.be/3gMyamfsE3M?si=meR9ICx6utxgza0H&t=5260 at 1:27:40 First, I’d like to know if Councilman Wolter is kidding? I thought he was, but when he kept asking, “I wonder if we could do that,” “It would be nice if we could do something." Second, If not, please run this by the City Attorney. I’d like to hear what he has to say about this idea.

I do understand the councilman’s frustration with non-criminal obnoxious behavior such as unauthorized merchandising at CVS. However, a Cloverdale pillory as described by Councilman Wolter is an outrageously bad idea.

Thank you,
Molly Fisher
Cloverdale, CA 95425
8 From: Brooke Greene
To: City Council; David Kelley
Subject: Library Tax Measure
Date: Monday, August 05, 2024 11:00:19 AM
Good morning, City Councilmembers,
At the July 10 Library Commission meeting, the Commission voted to approve an ordinance and resolution placing a sales tax renewal measure on the November 5 ballot. The new measure, Measure W, would renew the 1/8 of a cent sales tax (known as Measure Y) that expires on March 31, 2027. The Sonoma County Library system offers a huge variety of resources to all our residents and our local branch is one of the best! Brooke Greene
Commissioner Appointed by the City of Cloverdale
Sonoma County Library Commission
[email protected]
707-867-3527
9 From: Debra Jack <[email protected]>
Sent: Saturday, July 27, 2024 11:13:31 AM
To: Melanie Bagby <[email protected]>; Todd Lands <[email protected]>; Gus Wolter <[email protected]>; Marjorie Morgenstern <[email protected]>; Brian Wheeler <[email protected]> Subject: Esmeralda project
City Council,
I loved reading about the Esmeralda project in the Post Democrat. Multi-gen housing, sustainable living, trail access and a hotel…it all sounds like a wonderful addition to Cloverdale. I also like that it can help bolster our city coffers without turning us into a fullblown tourist town like Healdsburg.

Please extend my thanks and support to other town leaders like David Kelly, too. I can’t imagine how hard it’ll be to get something like this over the finish line.

Thank you,
Debra Jack
321 N Cloverdale Blvd
10 From: ROB KOSLOWSKY
To: ROBERT KOSLOWSKY
Subject: Electric Mandates for the Railways Costing Consumers Date: Monday, July 29, 2024 6:29:07 AM
Electric Mandates for the Railways Costing Consumers
— CARB Your Enthusiasm
“Illinois Democratic Rep. Robin Kelly told the EPA last month that California’s rule 'could inadvertently move freight from the rail sector to heavy-duty trucking sector.’ More big rigs on their interstate highways surely isn’t what Californians want. Meantime, California and the Biden Administration are trying to force trucks off the road via their electric-truck mandate, which also isn't close to feasible given current technology.”
- California Says Don’t Keep on Truckin’, Wall Street Journal Editorial Board, June 18, 2024.

Food prices have been rising. One factor in this relentless increase in foodstuff costs has been transportation; the cost of bringing food from both local sources and importing it from around the world to your favorite store. Both trucking and the railways are crucial to America’s supply chain.

But like homeowners and residents across California, the trucking and railway industries are also under attack — targeted by California’s allpervasive, all-electric mandates.

But there appears to be an exception in Northern California — the SMART train. However, this loophole may be plugged by the green activists running California’s legislature: “Passenger trains would also have to operate in a ‘zero emission’ configuration by 2030 [1].” What does this mean for SMART, which is already heavily subsidized and requires sales tax dollars to operate, while offering free rides and more on the taxpayer dime?
It’s likely another sales tax extension plus a further sales tax increase to convert the trains to all-electric will be asked for in the near future, both of which will be costly to residents. This extension and increase are in addition to the seven or so tax increases being asked for on the November ballot [2].

Consequently, Golden State residents are paying more in both state and federal taxes as well as higher food prices and, therefore, even more sales tax at the checkout counter. The silver lining for those few passengers riding SMART: It’s almost ‘free’ to ride.

Higher taxes and rising costs don’t seem to bother Newsom’s appointed activists [3]. One air board member, Gideon Kracov, who is an 11 environmental lawyer based in Los Angeles, exclaimed, “Ten years from now, when we look back to this day…we can say that California has changed the world.” The majority of Californians don’t see it this way.

In an efficiency-obsessed California, this 2024 mandate against truckers, passenger rail, and consumers is startling.

The surprise?
“Diesel-powered engines, known for their high energy efficiency and ability to carry heavy loads long distances, have dominated the nation’s goods movement since the 1950s [3].” Electric-powered big rigs are inefficient and incapable of carrying heavy loads. They don’t do much better for passenger rail either [4].
“California does a lot of things that make no sense to anyone with pragmatic sense,” writes Peter North in his letter to the Wall Street Journal. “Producing the batteries required for a locomotive would certainly create more net emissions than any locomotive would produce in a lifetime. Now if they were fostering a natural-gas locomotive, that could make some sense, and it could actually reduce emissions. Oh, but California wants to ban natural gas. All this proves this is more about virtue signaling [5] than anything else.”
Efficiency used to matter to politico-activists [6]. In the cases of rail and trucking, it doesn’t.
“The pandemic represents a rare but narrow window of opportunity to reflect, reimagine, and reset our world.”
- Professor Klaus Schwab, Founder and Executive Chairman of the World Economic Forum, June 3, 2020.
[1] California Says Don’t Keep on Truckin’ — The EV technology isn’t ready, but that doesn’t stop climate regulators, WSJ Editorial Board, June 18, 2024. [2] California Homeowners Targeted – Sock it to ‘em! R.K. Koslowsky, submitted June 17, 2024.

AND
Sock it to Taxpayers Again, R.K. Koslowsky, submitted June 24, 2024. [3] Nadia Lopez, California phases out diesel trucks: What happens next?, CalMatters, April 28, 2023.

AND
The Clean Freight Coalition (CFC) in its just-released report “pegs full electrification of the U.S. medium- and heavy-commercial truck fleet at a cost of nearly $1 trillion in infrastructure investment alone: upwards of $620 billion from the trucking industry in chargers, site infrastructure and electric service upgrades, and $370 billion from utilities in upgrades to grid networks to meet the surge in demand of just commercial vehicles . . . [H]eavy-duty vehicles will require more significant charging infrastructure and investment 12 compared to medium-duty — needing an average charging infrastructure investment of $145,000 per vehicle for heavy-duty vs $54,000 per medium-duty truck, according to the report. In addition to on-site charging infrastructure, long-haul vehicles (most of which are Class 7-8) will require an investment of $69 billion into a reliable local on-route charging network before fleets can even electrify.” - Jason Cannon, Electric trucking conversion would cost $1 trillion, CCJ, March 20, 2024. [Emphasis added.]
[4] One solution for SMART might be electric locomotives powered by overhead wires or electrified third rails. This would get around the need for batteries and charging them. [5] Politicians and the All-Electric Virtue Signaling Trend, R.K. Koslowsky, submitted December 4, 2023:

Why is virtue signaling bad? One Quora article observed, “Individuals who publicly express their commitment to certain moral values, often with the aim of demonstrating their own perceived moral superiority rather than genuinely advocating for social change.” Some of these so-called morally superior causes are rooted in green ideology, which include migrating new home construction to be all-electric, banning natural gas as well as the associated appliances that perform much better on gas, barring the sale of gas-powered automobiles as well as their hybrid relatives, and justifying increased taxes, fees, regulations, and onerous government oversight based on a green ideology. [6] Masking the real efficiency of EVs: According to Mr. Buschbacher, a partner at the law firm Boyden Gray PLLC who also served in the Justice Department’s Environment Division from 2020 to 2021 and a colleague, “When carmakers test gasoline-powered vehicles for compliance with the Transportation Department’s fuel-efficiency rules, they must use real values measured in a laboratory. By contrast, under an Energy Department rule, carmakers can arbitrarily multiply the efficiency of electric cars by 6.67. This means that although a 2022 Tesla Model Y tests at the equivalent of about 65 miles per gallon in a laboratory (roughly the same as a hybrid), it is counted as having an absurdly high compliance value of 430 mpg. That number has no basis in reality or law.” - Buschbacher & Conde, The Electric-Vehicle Cheating Scandal: A government rule makes them look nearly seven times as efficient as they are, WSJ, January 17, 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: More Electrification Looks to Undermine Energy Efficiency Goals Date: Monday, August 05, 2024 6:12:37 AM
More Electrification Looks to Undermine Energy Efficiency Goals, An Update
— Beyond the Jevons Paradox
“[R]oughly 11,600 megawatts of new renewable energy sources have come onto California’s electricity grid. That includes 10,000 megawatts of battery power, enough to power 10 million homes for a few hours.”
- Ari Plachta, Giant batteries storing solar power help state pass grid test, Sacramento Bee, July 17, 2024.
[RKK: That’s a lot of money ($$$) for a couple of hours of backup power!] In 1865, William Stanley Jevons, wrote in The Coal Question (1865), “It is wholly a confusion of ideas to suppose that the economical use of fuel is equivalent to a diminished consumption. The very contrary is the truth.” In fact, the leader of one of many California’s un-elected commissions, has stated that energy conservation is not needed when there is an abundance of energy. Alice Reynolds, president of the California Public Utilities Commission (CPUC) urged more electric consumption [1], “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.” I’m not sure if I’m more confused about the Golden State suddenly having an abundance of electricity or that conserving energy is a fool’s errand. I tried to unpack Ms. Reynold’s comment and came to the conclusion that as long as the sun is shining, solar power production provides this temporary abundance of electric power. This, as everyone knows, is an intermittent supply that only provides power for 28% of the time during any given year. So, the referenced abundance of electricity, is only for a very narrow window, which is less than 1/3. Is it any wonder that Governor Newsom kept the Diablo Canyon nuclear power plant on line and he also kept those critical natural gas power plants that produce electricity operating around the clock.

On the notion of using more electricity with abandon (no conservation), I attribute this expression to Ms. Reynold’s understanding of the Jevons Paradox [2]. Invoking energy efficiency or “the economical use of fuel” will not lead “to a diminished consumption. The very contrary is the truth.” Her embrace of a basic truth foreshadows her plans for ever-increasing fixed charges on all Californians’ electric bills and possible lower rates, although with greater consumption, the overall electric bill will inexorably rise rapidly, as has occurred over the last decade when green ideology took over as the fad-du-jour of these un-elected (governor-appointed) 14 positions.

As Vaclav Smil points out [3], “The unfolding [energy] transition thus relies on techniques that are not (as yet) compellingly and across-theboard cheaper, more reliable, and more than the conversion they are replacing. Moreover, some of them (above all, new reactors and massscale electricity storage) will require a great deal of further expensive development.” In the home, he adds, for space heating “heat pumps could provide significant efficiency gains but their coefficient of performance would have to be relatively high in order to be cost-competitive.” As I’ve said in the past, “So, the next time someone says all-electric operation is more efficient and saves you money, tell them, ‘not so fast!’ The proof is in the rising cost of electric bills.” Adding fixed charges going forward and tinkering with rates only drives electric bills higher. “There will not be cuts in fossil carbon of anywhere near 50 percent by 2030—and no zero carbon by 2050.”
- Vaclav Smil, Halfway Between Kyoto and 2050: Zero Carbon Is a Highly Unlikely Outcome, Fraser Institute, 2024.
“Americans don’t want to be ruled by a permanent governing class that doesn’t answer to voters.”
- Who’s Afraid of Project 2025? Wall Street Journal Editorial Board, July 29, 2024. [1] More Tinkering With Our PG&E Electric Bill—A fixed charge added to ever-increasing rates, R.K. Koslowsky, submitted July 15, 2024.

AND
“For most people, the [added, fixed electric] 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] More Electrification Looks to Undermine Energy Efficiency Goals—The Jevons Paradox, R.K. Koslowsky, submitted June 12, 2023.

AND
“In 1865, the English economist William Stanley Jevons observed that technological improvements that increased the efficiency of coal use led to the increased consumption of coal in a wide range of industries. He argued that, contrary to common intuition, technological progress could not be relied upon to reduce fuel consumption.” His idea that energy efficiency does not lead to reduced use of a fuel resource came to be known as the Jevons paradox.
- Wikipedia for ‘Jevons paradox,’ pulled May 28, 2023.

AND
The environmentalist Amory Lovins was wrong: “He referred to the replacement of incandescent light bulbs with compact fluorescents as ‘not a free lunch, but a lunch you’re paid to eat,’ since a fluorescent bulb will usually save enough electricity to more than offset its higher purchase price.” According to David Owen, it turns out that “efforts to improve energy efficiency can more than negate any environmental gains.” Owen adds, “Our efficiency gains haven’t reduced the energy we expend on illumination or shrunk our energy consumption over all. On the contrary, we now generate light so extravagantly that darkness itself is spoken of as an endangered natural resource.” 15 - David Owen, The Efficiency Dilemma, The New Yorker, December 12, 2010 AND
See also: More Bathroom Electrification Looks to Undermine Energy Efficiency Goals, R.K.

Koslowsky, submitted, March 7, 2022, which includes a classic set of examples demonstrating the Jevons paradox.
[3] Vaclav Smil, Halfway Between Kyoto and 2050: Zero Carbon Is a Highly Unlikely Outcome, Fraser Institute, 2024.

Rob Koslowsky
Author of The Tubbs Fire.

Also author of The Upstart Startup & Breach of Trust.

Author's page
16 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 - DRAFT

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.
17 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
18 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
19 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. 20 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:
21 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
22 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.2
Meeting Date: August 14, 2024
Agenda Section:

Consent
Staff Contact:

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

Appointment of Daniel Frankston to the Planning Commission as an Alternate Commissioner ________________________________________________________________________________________ Recommended Council Action(s):

Approve Mayor Lands proposed appointment of Daniel Frankston as an alternate member to the Planning Commission, with a term to expire on August 14, 2026.
_______________________________________________________________________________________ Summary / Background:

With the reappointment of Commissioner Cadle from alternate commissioner to regular member, Mayor Lands is proposing the appointment of Daniel Frankston, making him an alternate member to fill the vacancy. Based on Mr. Frankston background, qualifications, and business ownership, Mayor Lands believes he is a good fit as an alternate member. If approved, Mr. Frankston term will end on August 14, 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.

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 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
Active
Jason Williams Alternate December 13, 2023 December 13, 2025 Active Daniel Frankston Alternate August 14, 2024 August 14, 2026 Proposed appointment
* Originally appointed as Alternate Planning Commissioner ________________________________________________________________________________________ Alternative Options:

1. Provide alternative direction to Staff.
________________________________________________________________________________________ 23 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 14, 2024

Page 2 of 2 ends

Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

N/A
________________________________________________________________________________________ Attachment:

Daniel Frankston Application
24 25
26 From: Kevin Thompson
To: David Kelley; Michael Maloney
Subject: FW: Please include this email in tonight’s agenda Date: Wednesday, August 14, 2024 3:57:37 PM
-----Original Message-----
From: Marjorie Morgenstern <[email protected]> Sent: Wednesday, August 14, 2024 3:01 PM
To: Kevin Thompson <[email protected]>
Subject: Please include this email in tonight’s agenda
Regarding item G2 on the Consent Calendar.

I would prefer to interview more candidates at this time for the position of Planning Commission Alternate for the City of Cloverdale.

The qualities I value in commission members are the following:

The ability to act as a team player. Someone who behaves professionally. Someone who is reliable dependable and treats others with respect. Someone who honors their word and communicates clearly. Someone who follows through with their oral agreements and takes the time to consider how their actions may affect others.

I would prefer that the item G2 is tabled for a future City Council Meeting in August of 2024 so that I can be part of the conversation.

Marjorie Morgenstern
City of Cloverdale Councilmember.

Sent from my iPad
27 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.3
Meeting Date: August 14, 2024
Agenda Section:

Consent
Staff Contact:

Derrick Montanye, Public Works Director
Agenda Item Title:

Consider an Agreement Between the City of Cloverdale and the County of Sonoma for Clovercrest Drive Pavement Project
Recommended Council Action(s):

Adopt a Resolution Entitled, “A Resolution Of The City Council Of The City Of Cloverdale Approving An Agreement Between The City Of Cloverdale And The County Of Sonoma For Clovercrest Drive Pavement Project And Authorizing The City Manager To Execute Said Agreement.” ________________________________________________________________________________________ Background:

The City of Cloverdale is responsible for upkeep and maintenance of roughly 0.11 miles of Clovercrest Drive.

The city of Cloverdale owned section of Clovercrest Drive has a current PCI (Pavement Condition index) of 10 out of 100, placing it among the lowest rated streets in the City of Cloverdale. Sonoma County is planning to improve the county portion of Clovercrest Drive as part of the County Annual Road Maintenance Program.

The City inquired with Sonoma County Public Infrastructure whether the County would be able to include the city portion of Clovercrest Drive as part of its Clovercrest Drive Pavement Project. The County agreed to include the city portion of Clovercrest Drive subject to the City entering into an agreement with the County that addresses the specific terms and conditions under which the County would perform the maintenance project.
________________________________________________________________________________________ Summary:

This agenda item presents an agreement between the City of Cloverdale ("CITY") and the County of Sonoma ("COUNTY") to conduct pavement preservation work on Clovercrest Drive in Cloverdale, California. The project ("Shared Project") is a collaborative effort to improve the road conditions and involves specific responsibilities and cost allocations for each party.

Key Terms of the Agreement

1. Project Scope:
o The Shared Project includes one-time pavement preservation work on Clovercrest Drive from Post Mile 10.00 to Post Mile 10.40.
o CITY is responsible for the segment from Post Mile 10.00 to 10.11. o COUNTY is responsible for the segment from Post Mile 10.11 to 10.40.

2. Financial Responsibility:
o CITY will cover 100% of the costs related to its portion of the Shared Project. o COUNTY has estimated CITY’s portion of the Shared Project to cost $115,000. 28 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 14, 2024

Page 2 of 3 ends

3. Procurement and Contracting:
o COUNTY will lead the procurement process to secure a contractor ("CONTRACTOR") for the Shared Project.
o COUNTY will include CITY as an indemnified party and additional insured in all relevant contracts and insurance policies.

4. Environmental and Regulatory Compliance:
o COUNTY will act as the Lead Agency for the SHARED PROJECT under the California Environmental Quality Act (CEQA) and handle all necessary environmental reviews and permits.

5. Design and Construction:
o COUNTY will design, bid, award, and oversee the construction of the SHARED PROJECT, ensuring compliance with all applicable laws and standards. o COUNTY will handle contract administration, record the Notice of Completion, and provide as-built drawings to CITY within 90 days post-completion.

6. Cost and Payment:
o Upon completion, COUNTY will provide CITY with a detailed accounting of costs, including construction costs, change orders, labor, and overhead. o CITY will reimburse COUNTY within 30 days of receiving the invoice.

7. Obligations and Rights:
o CITY will acquire any additional property rights necessary for its portion of the Shared Project. o CITY grants COUNTY and its CONTRACTOR access to CITY property as needed for the project.

8. Changes and Inspection:
o COUNTY may make changes to the project plans as necessary, with any CITY-initiated changes resulting in additional costs borne by CITY.
o CITY will inspect work performed on its property and must notify COUNTY of any nonconformance.

9. Indemnification:
o Both PARTIES agree to mutual indemnification for claims arising from their respective actions or omissions.

10. Additional Provisions:
o The agreement includes clauses on amendments, default and remedies, survival of terms, and electronic signatures.

Recommendations
Staff recommends that the City Council approve the agreement between the City of Cloverdale and the County of Sonoma for the Clovercrest Drive Pavement Project and authorize the City Manager to execute the agreement.
29 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 14, 2024

Page 3 of 3 ends

The City of Cloverdale portion of the Clovercrest Drive pavement rehabilitation project includes Construction, Engineering, Overhead and Utility adjustments with a budget impact of $119,200. City of Cloverdale staff has determined a necessary contingency of 10% ($11,920) to cover any unforeseen project costs. The total Project Cost including contingency is $131,120.
________________________________________________________________________________________ Options:

1. Adopt Resolution Approving the agreement with Sonoma County and authorize the City Manager to execute said agreement; or

2. Deny the Resolution; or

3. Provide alternative direction to staff
_______________________________________________________________________________________ Subcommittee Recommendation:

The Public Works & Facilities Subcommittee recommended approval of the agreement with the County for the Clovercrest Drive Rehabilitation project.
________________________________________________________________________________________ Budget/Financial Impact:

This project is funded in the streets budget (Fund 210) in the Fiscal Year (FY) 24/25 Budget. ________________________________________________________________________________________ Attachments:

Attachment 1 – Resolution
Exhibit A – Agreement
30 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AGREEMENT BETWEEN

THE CITY OF CLOVERDALE AND THE COUNTY OF SONOMA FOR CLOVERCREST DRIVE PAVEMENT PROJECT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, as part of infrastructure management, The City of Cloverdale has partnered with Sonoma County Public Infrastructure on Clovercrest Drive Pavement Project WHEREAS, the City of Cloverdale’s portion of Clovercrest Drive, from post mile 10.00 to post mile 10.11 (the County’s portion is from 10.11 to 10.40). It should be approximately 0.11 miles long, or about 581 feet will be included in Sonoma County Public Infrastructures Clovercrest pavement rehabilitation project.

WHEREAS, The Clovercrest Pavement Project was review and approved for the FY24/25 Budget, Approved Funding Budget Account 210-40-402-49130
WHEREAS, The City of Cloverdale portion of the Clovercrest pavement rehabilitation Project includes Construction, Engineering, Overhead and Utility adjustments with a budget impact $119,200 and WHEREAS, staff has determined a necessary contingency of 10% ($11,920) to cover any unforeseen project costs
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLOVERDALE AS FOLLOWS:

1. Approves the Agreement attached hereto as Exhibit A between City of Cloverdale and County of Sonoma for Clovercrest Drive Pavement Project;

2. The City Manager is hereby authorized and directed to execute the agreement;

3. Establishes a 10% project contingence of $11,920 and a total project budget for the Project at $131,120.

4. The City Manager or his designee is authorized to execute any change orders in accordance with project documents so long as the total project cost does not exceed the overall budget of $131,120.

REGULARLY PASSED AND ADOPTED
AYES: (0)
NOES: (0)
ABSTAIN: (0)
ABSENT: (0)
APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A - Agreement between the County of Sonoma and City of Cloverdale 31 2024 Pavement Preservation Project (C24101) 1 March 2024

AGREEMENT BETWEEN

THE CITY OF CLOVERDALE AND THE COUNTY OF SONOMA
FOR

CLOVERCREST DRIVE PAVEMENT PROJECT
The following is an Agreement, dated on _________________ (“EFFECTIVE DATE”), between the City of Cloverdale, a municipal corporation ("CITY"), and the County of Sonoma, a political subdivision of the State of California ("COUNTY"). COUNTY and CITY are referred to herein individually as PARTY and collectively as PARTIES.

RECITALS
A. CITY and COUNTY desire to conduct a project (“SHARED PROJECT”) for one-time pavement preservation work on Clovercrest Drive, in Cloverdale, California.

B. The CITY owns and is responsible for that portion of the Clovercrest Drive right of way from Post Mile 10.00 to Post Mile 10.11. The COUNTY owns and is responsible for the remaining section of Clovercrest Drive from Post Mile 10.11 to Post Mile 10.40 of said County right of way.

C. CITY and COUNTY mutually desire to enter into a cooperative agreement to coordinate the construction and funding of the SHARED PROJECT.

D. COUNTY is willing to take lead for the SHARED PROJECT, subject to terms and conditions.

E. COUNTY estimates the CITY’s portion of the SHARED PROJECT to cost $115,000.

AGREEMENT
The PARTIES agree as follows:

1. RECITALS

1.1. The above recitals are true and correct.

2. OBLIGATIONS OF COUNTY

2.1. Funding: CITY, and not COUNTY, shall be 100% responsible for costs related to CITY’s portion of the SHARED PROJECT.

2.2. COUNTY will undertake a procurement process to obtain a contract (“CONTRACT") with a contractor(s) (“CONTRACTOR”) to perform the SHARED PROJECT.

2.3. Indemnification by Contractors: COUNTY shall include CITY and its officers, employees, and agents as indemnified parties in the CONTRACT, to the same extent as COUNTY is indemnified in its contracts with all CONTRACTORS. 32 2024 Pavement Preservation Project (C24101) 2 March 2024

2.4. Additional Insureds: COUNTY shall require all CONTRACTORS to name CITY as an additional insured on the CONTRACTORS' insurance policy obtained as part of CONTRACTORS' work on the SHARED PROJECT.

2.5. Environmental Analysis: COUNTY shall be the Lead Agency for the SHARED PROJECT under the requirements of the California Environmental Quality Act (CEQA), and as defined by section 21067 of the California Public Resources Code and shall conduct all applicable environmental review, if and as needed.

2.6. Permits: COUNTY shall be responsible for any necessary permits from utilities or regulatory agencies for the SHARED PROJECT.

2.7. Rights-of-Way: COUNTY shall be responsible for acquiring, at COUNTY's cost, all additional property rights as necessary for the construction of COUNTY’s portion of the SHARED PROJECT, if any.

2.8. Design and Surveying: In its discretion in accordance with applicable County road construction standards, COUNTY shall design and determine all plans and specifications for the SHARED PROJECT including design surveying and construction staking.

2.9. Bidding: COUNTY shall let SHARED PROJECT to bid in compliance with all applicable laws.

2.10. Award: COUNTY shall award the construction contract to the lowest responsive and responsible bidder, unless circumstances exist that would prevent such award or allow for bids to be rejected.

2.11. Prevailing Wages: COUNTY shall require CONTRACTORS to pay not less than prevailing wages in accordance with the requirements of Labor Code section 1725 et seq. and 1770 et seq.

2.12. Construction: COUNTY shall contract to construct the SHARED PROJECT in accordance with the plans and specifications for the SHARED PROJECT.

2.13. Contract Administration: COUNTY shall administer the contract for construction of the SHARED PROJECT.

2.14. Notice of Completion and Record Drawings: COUNTY shall record the Notice of Completion for the SHARED PROJECT and shall provide a copy to CITY within 30 calendar days of its recording. COUNTY shall prepare record drawings showing any changes, deletions, or additions to the SHARED PROJECT and shall provide a set to CITY within 90 calendar days of filing the Notice of Completion.

2.15. The SHARED PROJECT work shall be provided AS-IS and in accordance with COUNTY roadway standards or any other plans and specifications as determined by COUNTY, with no other warranty, representation, or guarantee, express or implied. Notwithstanding such work, COUNTY shall not be responsible or liable 33 2024 Pavement Preservation Project (C24101) 3 March 2024 for any maintenance or future condition of the subject CITY roadway(s) or any portion thereof.

2.16. Records: COUNTY shall maintain complete and accurate records of all transactions in compliance with generally accepted accounting principles for enterprise accounting as promulgated by the American Institute of Certified Public Accountants and the Governmental Accounting Standards Board. Such records shall be available to CITY at all reasonable times for inspection and analysis.

2.17. Statement of Costs and Invoice: Within 60 calendar days of recording a Notice of Completion, or within 60 calendar days of a decision to not award the contract, COUNTY shall submit to CITY a statement of complete accounting of SHARED PROJECT costs for the following categories:

2.17.1. Construction costs

2.17.2. Change orders

2.17.3. COUNTY labor costs in design engineering, environmental engineering, construction engineering, and contract administration associated with the CITY’s share of the SHARED PROJECT, calculated as twenty percent (20%), rounded up to the nearest thousand, of CITY’s portion of the Construction and Change Order costs.

2.17.4. COUNTY overhead costs, calculated as thirty-five percent (35%) of the CITY’s portion of the labor costs or seven percent (7%) of the CITY’s portion of the Construction and Change Order costs, rounded up to the nearest thousand.

2.18. CITY Payment: Within 30 days of receipt of the Statement of Costs and Invoice, CITY shall submit payment to COUNTY in the amount due pursuant to the Statement of Costs and Invoice.

3. OBLIGATIONS OF CITY

3.1. Funding: The COUNTY has provided a cost estimate for the CITY's share of the SHARED PROJECT's costs. The actual cost of the SHARED PROJECT will be determined by, among other things, the amount of final payment to the awarded CONTRACTOR, inclusive of initial lowest bid contract price and any and all change orders or other final contract price adjustments.. The cost estimate includes an additional twenty-seven percent (27%), rounded up to the nearest thousand, to cover design engineering, environmental engineering, construction engineering, contract administration, and overhead. The estimate does not represent a guarantee or “cap” on costs for the CITYs part of the SHARED PROJECT. The CITY shall be responsible for all the costs associated with designing, constructing, and managing the CITY’s part of the SHARED PROJECT.
34 2024 Pavement Preservation Project (C24101) 4 March 2024

3.2. Right-of-Way: CITY shall be responsible for acquiring all additional property rights, at CITY’s cost, as necessary for the construction of CITY's portion of the SHARED PROJECT, if any.

3.3. Provide Assistance: Upon COUNTY's request in writing, CITY shall assist COUNTY in responding to potential bidders' questions regarding the SHARED PROJECT and to any Request for Information or Change Order requests during mobilization or construction of the SHARED PROJECT.

3.4. Right of Entry: CITY hereby provides right of entry to COUNTY and COUNTY’S CONTRACTOR, and all subcontractors thereof, as needed to perform the CITY’s portion of the SHARED PROJECT, at no cost.

3.5. Control of Contractors: CITY may not control or direct COUNTY’S CONTRACTORS with regard to any aspect of the SHARED PROJECT.

3.6. Title: All title, maintenance, and control, to all CITY portions of the SHARED PROJECT shall vest with and be the sole responsibility of CITY upon COUNTY’s filing of a Notice of Completion for the SHARED PROJECT.

4. CHANGES TO WORK

4.1. COUNTY may make changes to any aspect of the plans and specifications for the SHARED PROJECT and COUNTY shall be responsible for the costs of all such changes made. Any CITY-initiated changes that result in an increase in SHARED PROJECT costs shall be borne by the CITY.

5. PAYMENT

5.1. Within 30 days of receipt of COUNTY’s invoice, CITY shall reimburse COUNTY for the costs associated with constructing the CITY’s portion of the SHARED PROJECT.

6. INSPECTION OF WORK

6.1. CITY shall permit COUNTY to inspect any work performed as part of the SHARED PROJECT that takes place on CITY property. CITY shall be provided the opportunity to perform a final inspection of the SHARED PROJECT prior to COUNTY’s acceptance of the SHARED PROJECT upon completion. The CITY shall be responsible for timely inspection and acceptance of the CITY’s portion of the SHARED PROJECT. CITY shall immediately notify COUNTY if it determines COUNTY’s work is not in conformance. CITY and COUNTY may confer and agree on a resolution.

7. INDEMNIFICATION

7.1. Notwithstanding any CONTRACT regarding CONTRACTORS' indemnification of any PARTY, each PARTY shall indemnify, defend, protect, hold harmless, and 35 2024 Pavement Preservation Project (C24101) 5 March 2024 release the other, and its officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expenses (including attorneys' fees and witness costs) to the extent arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying PARTY or its agents, employees, contractors, subcontractors, or invitees. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying PARTY under workers' compensation acts, disability benefit acts, or other employee benefit acts. This indemnity provision survives the Agreement.

7.2. Notwithstanding, CITY releases and shall indemnify and hold harmless COUNTY from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expenses (including attorneys' fees and witness costs) to the extent arising from or in connection with, any design, maintenance, or future condition of the subject CITY roadway(s) (or any portion thereof).

8. ADDITIONAL PROVISIONS

8.1. Amendments to Agreement. This Agreement may be amended by mutual consent expressed in writing of the PARTIES hereto.

8.2. Consent to Breach Not Waiver. The waiver by either PARTY of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term or promise contained in this Agreement.

8.3. Interpretation. CITY and COUNTY acknowledge that each has contributed to the making of this Agreement and that, in the event of a dispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one PARTY in favor of the other.

8.4. Third Parties. Nothing contained in this Agreement shall be construed to create, and the PARTIES do not intend to create, any rights in third parties.

8.5. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or in validated thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

8.6. Defaults and Remedies.

8.6.1. Default. The failure by either PARTY to perform any of its obligations set forth in this Agreement shall constitute a default of this Agreement. Except as required to protect against further damages, the non-defaulting PARTY may not institute legal proceedings against the PARTY in default until the 36 2024 Pavement Preservation Project (C24101) 6 March 2024 non-defaulting PARTY has provided the defaulting PARTY notice of the default and the cure period set forth in this Section 7.6.1 has expired.

The cure period for any monetary default shall be 30 days after the defaulting PARTY's receipt of written notice from the non-defaulting PARTY that such obligation was not performed. The cure period for any other default shall be 45 days after the defaulting PARTY 's receipt of written notice from the non-defaulting PARTY that such obligation was not performed; provided, however, if the failure cannot be corrected within such 45-day period, it shall not constitute a default if the failure is correctable without material adverse effect on the non-defaulting PARTY, and if corrective action is instituted within 30 days of notice and diligently pursued until the failure is corrected.

8.6.2. Remedies Upon Default. Upon the occurrence of any default and after the defaulting PARTY has received written notice of default and the time period to cure the default has expired, the non-defaulting PARTY may at its option, (i) pursue damages or specific performance or any other legal and equitable remedies the injured PARTY may have against the defaulting PARTY in accordance with applicable law; and/or (ii) terminate this Agreement.

8.6.3. Termination and Default. The termination of this Agreement for any reason shall not release any PARTY in default.

8.7. Attorneys' Fees. In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorneys' fees, costs, and expenses.

8.8. Method and Place of Giving Notice, Submitting Bills, and Making Payments. All notices, bills, and payments shall be made in writing and shall be given by personal delivery or by U.S. Mail or courier service. Notices, bills, and payments shall be addressed as follows:

CITY: City of Cloverdale
David Kelley, City Manager
124 N Cloverdale Boulevard
Cloverdale, CA 95425
COUNTY: Sonoma County Public Infrastructure
Olguin Caban, Design Division
2300 County Center Drive, Suite A220
Santa Rosa, California 95403
When a notice, bill, or payment is given by a generally recognized overnight courier service, the notice, bill, or payment shall be deemed received on the next business day. When a copy of a notice, bill , or payment is sent by electronic 37 2024 Pavement Preservation Project (C24101) 7 March 2024 means, the notice, bill, or payment shall be deemed received upon transmission as long as (1) the original copy of the notice, bill, or payment is deposited in the U.S. mail and postmarked on the date of the electronic transmission (for a payment, on or before the due date), (2) the sender has a confirmation of the electronic transmission, and (3) the electronic transmission is transmitted before 5 p.m. (recipient's time). In all other instances, notices, bills, and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this Section.

8.9. Relationship. Notwithstanding COUNTY agreeing to perform certain work for CITY, this Agreement does not and shall not be deemed, and the PARTIES do not intend, to create a partnership, joint venture, joint enterprise, joint powers, or any business relationship.

8.10. Survival of Terms. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason.

8.11. Counterpart; Electronic Signatures. The PARTIES agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and together which when executed by the requisite PARTIES shall be deemed to be a complete original agreement. Counterparts may be delivered via facsimile, electronic mail (including PDF) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered, be valid and effective for all purposes, and shall have the same legal force and effect as an original document. This Agreement, and any counterpart, may be electronically signed by each or any of the PARTIES through the use of any commercially available digital and/or electronic signature software or other electronic signature method in compliance with the U.S. federal ESIGN Act of 2000, California’s Uniform Electronic Transactions Act (Cal. Civil Code § 1633.1 et seq.), or other applicable law. By its use of any electronic signature below, the signing party agrees to have conducted this transaction and to execution of this Agreement by electronic means.
38 2024 Pavement Preservation Project (C24101) 8 March 2024 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the EFFECTIVE DATE.

By CITY, this ____ day of ______, 20___; and
By COUNTY, this ____ day of ______, 20___.

CITY OF CLOVERDALE:

By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
APPROVED AS TO FORM:

By: _____________________________
City Attorney
COUNTY OF SONOMA:

By: _____________________________
Director, Sonoma County Public
Infrastructure
APPROVED AS TO FORM:

By: _____________________________
County Counsel
39 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

G.4
August 14, 2024
Agenda Section
Consent
Staff Contact
Vanessa Apodaca, City Engineer
Agenda Item Title:

Appointment of Coastland Civil Engineering as the Engineer of Work to prepare construction documents for the 1st Street Sidewalk Gap Closure Project
Recommended Council Action:

The U.S. Department of Housing and Urban Development (HUD) created the Community Development Block Grant (CDBG) program, which provides annual grants to municipalities for the development or improvement of urban communities. In May of 2023, the Sonoma County Board of Supervisors adopted the 2023-2024 One-Year Action Plan in accordance with the HUD requirements. The Board approved $392,000 of CDBG funds to the City of Cloverdale for the project herein referred to as the “1st Street Sidewalk Gap Closure Project”. The approved CDBG funds are for eligible engineering, design, construction, and project management costs associated with the improvement and replacement of existing structural barriers to ADA compliant access identified along 1st Street.

The project will provide an ADA compliant path of travel along the southerly side of 1st Street from Mulberry Street to Caltrans Right of Way at the Highway 101 overpass by installing sidewalk and curb ramp(s). Minor modifications will be required to some existing utility features, such as water meter boxes and existing driveway aprons to complete the sidewalk installation.

Summary:

City staff requested and Coastland provided a scope and fee proposal to prepare construction documents (plans, technical specifications, and construction cost estimate) for the project.

Key tasks included in the preparations of construction documents for the sidewalk project are as described below:

1. Meetings, project management, and field review.

2. Topographic surveying with an electronic copy provided to the City, and right of way mapping with a record of survey filed with the Sonoma County Surveyor.

3. Preliminary (50%) Plans and cost estimate will be prepared and submitted for City staff review.

4. Draft (90%) Plans, cost estimate, and specifications will be prepared and submitted for City staff review.

The submittal will also include required CDBG forms and paperwork in the front end of the bid package, and Coastland will provide a Caltrans encroachment permit application for City use.

5. Final (100%) Plans, cost estimate, and specifications will be prepared and submitted to the City for bidding purposes.

6. The Engineer of Work will respond to questions during the bidding phase of the project.

7. The Engineer of Work will respond to questions and review submittals during the construction phase of the project and prepare “as-built” Record Drawings.

Construction management and inspection services will be required during the construction period of the project. These tasks are included as Optional Task 8 in the Coastland proposal.

40 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 14, 2024

Page 2 of 2 ends

The attached resolution appoints Coastland Civil Engineering as the Engineer of Work for preparing the plans, specifications, and cost estimate for the 1st Street Sidewalk Gap Closure Project between Mulberry Street and Highway 101 and authorizes the City Manager to enter into an agreement with Coastland Civil Engineering for the work.

Coastland’s proposal and an exhibit showing the work area are attached. The proposal cost for professional engineering services as described above for Tasks 1 through 7 is $88,023. Task 8 for construction management and inspection services is noted as an optional additional task for an additional cost of $45,000.

Alternative Options:

1. Reject recommended resolution

2. Provide alternative direction to staff.

Budget/Financial Impact:

The City of Cloverdale’s 2023/2024 CDBG funds would be utilized for this project. The proposal for the preparation of construction documents for the 1st Street Sidewalk Gap Closure Project is $88,023 excluding the Optional Task for construction management and inspection services.

Subcommittee Recommendation:

This item was reviewed by the Public Works & Facilities Subcommittee on July 23, 2024, with the recommendation to proceed with Tasks 1 through 7 for design services and omitting Task 8 for construction management and inspection services.

Attachments:

1. Resolution

2. Engineering Proposal

3. 1st Street Sidewalk Gap Closure Project
41 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____–2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPOINTING COASTLAND CIVIL ENGINEERING AS THE ENGINEER OF WORK TO PREPARE CONSTRUCTION DOCUMENTS FOR THE 1st

STREET SIDEWALK GAP CLOSURE PROJECT
WHEREAS, 1st Street between Mulberry Street and Highway 101 has been identified as having structural barriers to suitable Americans with Disabilities Act (ADA) compliant access; and WHEREAS, the Sonoma County Board of Supervisors approved $392,000 of Community Development Block Grant (CDBG) Funds for improvements to the identified access barriers on 1st Street between Mulberry Street and Highway 101; and
WHEREAS, City Staff requested, and Coastland Civil Engineering provided a proposal setting forth the scope of services, which includes preparation of construction documents associated with ADA compliant sidewalk improvements to 1st Street between Mulberry Street and Highway 101, including existing utility and facility adjustments; and
WHEREAS, Coastland Civil Engineering’s proposal for professional services related to preparing plans, specifications, and cost estimate and providing bud and construction support is for a not to exceed amount of $88,023; and
WHEREAS, City Staff is requesting the ability to execute contract amendments up to 20% of the contract amount to address any unforeseen professional services that may be needed; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby appoint Coastland Civil Engineering as the Engineer of Work for preparing plans, specifications and cost estimate for the 1st Street Sidewalk Gap Closure Project between Mulberry Street and Highway 101 and authorizes the City Manager to enter into an agreement with Coastland Civil Engineering for the work including approving contract amendments totaling no more than 20% of the contract amount.

It is hereby certified that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on this 14th day of August 2024, by the following Roll Call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Michael Maloney, City Clerk
42 Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961

www.coastlandcivil.com
June 18, 2024
Vanessa Apodaca
City Engineer
City of Cloverdale
124 N Cloverdale Boulevard
Cloverdale, CA 95425
RE: Proposal for Professional Engineering and Land Surveying Services for First Street Sidewalk Gap Closure Project
Dear Vanessa,
Per your request, we have prepared this letter proposal for the engineering and surveying services associated with the City of Cloverdale’s First Street Sidewalk Gap Closure Project.

Project Understanding
The City is proposing to use CDBG funds to complete a closure in the existing sidewalk along First Street from Mulberry Street to Caltrans Right of Way at Highway 101. The intent of the project is to provide an ADA compliant path of travel along the southerly side of First Street by rehabilitating or replacing curb, gutter, and sidewalk. Coastland | DCCM will prioritize preserving curb and gutter where practicable based on field conditions.

Within the project area there are some existing utility features that will need to be preserved or modified, as needed, to complete the sidewalk installation. These include water meter boxes, overhead joint pole(s), dry utility junction boxes, as well as other features that will need to be identified during the project’s field investigation and topographic survey.

Within the project areas there are five (5) driveway aprons that will need to be rebuilt to provide the desired accessible sidewalk. Four (4) of the driveways serve residential lots while one (1) serves a multifamily building. The City has expressed a desire to minimize modifications to existing features for the parcels fronting the project area. During design we will work to minimize regrading and the extent of conform paving for each driveway apron. In order to achieve this, Coastland | DCCM understands that the City would consider adjustments to the curb line along First Street, small retaining curbs at the back of sidewalk, or “non-typical” driveway apron / descending driveway conforms.

There are two existing joint pole(s) in the existing sidewalk. Based on our preliminary review we believe that these features can be maintained in their current location. There is 48-inches clear behind both poles.

Both poles also have sidewalk guy wire(s) founded approximately 6 to 8 feet behind the poles in the adjacent lots. There are also three (3) mature redwood trees located at the westerly limits of the project adjacent to the residence at 102 Mulberry Street.

It is anticipated that a Caltrans Encroachment Permit will be required for placement of traffic control devices in Caltrans right of way at the eastern end of the project. For this proposal we have assumed traffic control plans will not be required to be prepared with the Encroachment Permit Application, as we believe the State Standard Plans will be sufficient.
43 First Street Sidewalk Gap Closure

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Coastland | DCCM understands that the City would like to complete this work without any easement or right-of-way (ROW) acquisition. As such, our team will complete a ROW determination and record of survey, as needed, to confirm the location of the City’s ROW.

Finally, we understand that City has expressed a desire to promote traffic calming along this part of First Street. One consideration is to review the size / radius of the curb return at the easterly side of the Mulberry Street and First Street intersection. As warranted this curb line can be adjusted as part of the improvements at the westerly limits of this project to provide some level of traffic calming. Additionally, Coastland | DCCM will incorporate new striping and signage that can be implemented to promote a safer corridor for vehicles and pedestrians entering the City from Crocker Road to the east.

The City would like to bid this project in the first quarter of 2025 with construction completed by Summer 2025.

Project Approach
Based on our understanding of the project needs and Coastland | DCCM’s extensive experience working throughout Northern California on roadway and ADA improvement projects, we will provide the City with a cost-efficient and creative way to complete this sidewalk closure along First Street.

As a subconsultant to Coastland | DCCM, Cinquini and Passarino, Inc., will perform a topographic survey and right of way determination of the project area. This survey will be used as the basis of our design and plan preparation.

Coastland | DCCM will work to identify the efficient solutions to the sidewalk closure in this area that will work with the City’s budget and schedule priorities. We will work with City staff to ensure that the design provides connectivity for pedestrians, promoted traffic calming, and minimizes the disturbance to residents in the project vicinity.

SCOPE OF WORK
Task 1 – Meetings, Project Management, and Field Review Upon Notice to Proceed, Coastland | DCCM will assemble and review available record information pertaining to the project including base maps, as-built drawings, and additional pertinent information for the project.

Coastland will field review and take field measurements including taking note of existing curb, gutter, sidewalk, pavement, and striping conditions, as well as utility features. Our team will also identify replacement limits of any damaged curb and gutter that will need to be replaced with the project. Digital photos will be taken and existing conditions will be observed to identify unusual or special conditions that may affect the project design or construction.

We will coordinate with outside utility companies to ensure existing facilities are identified during the design phase. This task will include writing letters to PG&E, Cable TV, and AT&T informing them of the project and requesting their facility drawings.

We anticipate meeting with City staff by video conference to ensure full coordination of the project. After the topographic survey is completed, Coastland will schedule and attend a kick-off meeting to discuss the project goals and objectives. This initial meeting will also refine the project schedule, discuss key milestones, and identify other stakeholders. Coastland will meet with City staff again at the 50% and 90% design submittal milestones to review City comments and answer questions.

Task 1 Deliverables: One (1) electronic copy of formal correspondence and meeting minutes. 44 First Street Sidewalk Gap Closure

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Task 2 – Topographic and ROW Survey
Topographic Survey
Our subconsultant, Cinquini and Passarino, Inc. (CPI), will complete the needed surveying for this project.

The work will include performing a ground topographic survey and preparation of the survey at a scale of 1” = 20 feet with a one foot contour interval. The topographic survey will include the following:
• Topographic survey coverage area will include East First Street from the northerly face of curb five feet south of the southerly right-of-way and bounded by Highway 101 on the east side of the project and 25 feet west of the intersection with Mulberry Street. Mulberry Street will be mapped 50 feet southerly of the intersection.
• Topographic survey will include all necessary work to produce a topographic map, including features such as, but not limited to; building corners and elevations, curb lines, water meters, sewer cleanouts, valves, manholes (including rim, invert and pipe information), utility markings on the pavement, utility poles, driveway and doorway locations, sidewalks, trees four (4) inches and larger, retaining wall or decorative walls, and any other pertinent information that could apply to the project during design.

Topographic survey will be provided on North American Vertical Datum of 1988 and horizontally relate to California Coordinate System of 1983, Epoch 2017.50 as established by GNSS observations.

Right of Way Survey
CPI will perform a boundary survey and collect field data in sufficient detail to locate right-of-way for Mulberry Street and East First Street within the project limits. This work includes the following:
• Perform record research of historic maps, deeds, and improvement plans. • Locate centerline monuments, fence lines, existing iron pipe property corners, and any features indicating lines of possession.
• This work to be used for the completion of a Record of Survey in accordance with Section 8762, of the Professional Land Surveyor’s Act, Business and Professions Code, State of California. • Cinquini & Passarino, Inc will prepare a Record of Survey Map and file with the Sonoma County Surveyor. Includes review, filing and printing fees.

Task 2 Deliverables: One (1) electronic copy of the Topographic Survey Map and Record of Survey.

Task 3 – 50% Plans and Estimate Submittal
Following our background information research, topographic survey, and field review, Coastland | DCCM will prepare a 50% submittal. The 50% submittal will include initial plan layout drawings, curb ramp layouts, preliminary striping plans (per California MUTCD standards), sidewalk and curb replacement areas, and a preliminary cost estimate and potential conflicts or other design issues that may need to be addressed.

A meeting with City Staff after the City’s review of the 50% submittal is included in Task 1.

Task 3 Deliverables: One (1) electronic copy of the plans (PDF), , and estimate (Excel) for City review and comment.

Task 4 – 90% PS&E Submittal
Upon completion of the 50% submittal and review by the City, Coastland | DCCM will prepare the 90% submittal of the plans and specifications. The project design will essentially be complete at this time. The 90% submittal will incorporate City comments from the 50% submittal and will include completed plan sheets for the sidewalk improvements. We will also prepare 90% specifications, including front-end sections 45 First Street Sidewalk Gap Closure

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and an estimate of probable construction costs. Note that the specifications will include required CDBG forms and paperwork in the front end of the bid package.

A meeting with City Staff after the City’s review of the 90% submittal is included in Task 1.

Coastland | DCCM will coordinate with Caltrans to obtain an Encroachment Permit for the traffic control work within the Caltrans right-of-way. We anticipate providing a complete Encroachment Permit Application to the City for signature and submission to Caltrans at the 90% design level. We have included time for up two resubmittals to address Caltrans comments.

It is assumed the traffic control in the Caltrans right of way will adhere to the State Standard Plans or Traffic Control plans prepared by the Contractor. Incorporation of Caltrans requirements into the bid documents will be included prior to bidding. Please note that this task assumes that the City will be responsible for permit fees.

Task 4 Deliverables: One (1) electronic copy of the plans (PDF), specifications (Word), and estimate (Excel) for City review and comment; one (1) electronic copy of the completed Caltrans encroachment permit application for submission to Caltrans.

Task 5 – Final PS&E Documents
Following the City’s review of the 90% submittal we will incorporate comments and prepare final bid documents including stamped and signed drawings and specifications.

Task 5 Deliverables: One (1) electronic copy of the plans (PDF), specifications (Word), and estimate (Excel) for bidding. The final bid plans and technical specifications will be signed and stamped for bidding purposes.

Task 6 – Bid and Contract Support
During the bidding process, we will provide bid assistance to the City to answer questions that may arise during the bidding phase. This will include assisting the City in preparing up to one (1) addenda that may be necessary. We will also attend a pre-bid conference for prospective bidders, if requested by the City.

Please note that the time associated with this task does not include any time necessary for bid protests. If a bid protest is issued by any of the other bidders, we can provide this as extra service on a time and materials basis, as the time necessary to process the protest is unknown.

Task 7 – Construction Engineering Support
We understand and appreciate the importance of construction support. During construction, Coastland DCCM will provide construction engineering support services, which includes assisting the City with answering up to five (5) Request for Information (RFI’s) and up to ten (10) submittals from the Contractor and one (1) site visits. Coastland will also prepare up to one (1) Contract Change Order, if required. We will prepare Record Drawings based on red-line “as-builts” submitted by contractor. Record Drawings shall be submitted to the City in electronic format.

Task 8 – Construction Management and Inspection (Optional Task) Coastland | DCCM’s overall approach to performing Construction Management and Inspection focuses on teaming with City forces to produce a high-quality, cost-effective project. Our Construction Manager and Inspector will keep the City informed regarding costs, changes, public relations, and construction progress.

We will coordinate closely with the City and the property owners for the entire project duration. From the onset of the project, we will establish the lines of communication and decision-making roles with all project stakeholders. For the purposes of this proposal, we have assumed the project construction will be 46 First Street Sidewalk Gap Closure

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completed within 25 working days. Based on our understanding of the project our scope of services is as follows:

PRE-CONSTRUCTION MEETING
Immediately following the Notice to Proceed, our Construction Manager will schedule and administer the pre-construction meeting. During this meeting we will establish lines of communication and decision making roles with all project stakeholders. We will also discuss safety requirements, responsibilities of the project team members, working hours, quality control procedures, submittal requirements, project schedule, change order and potential claim procedures, and safety procedures.

Coastland | DCCM will be responsible for generating pre-construction meeting invitations including the meeting agenda. Agenda items include lines of communication, public relations, safety, submittals, change procedures, payments, progress schedules, contract time, requests for information, and other applicable items. Coastland | DCCM will prepare and distribute meeting minutes to all parties.

Following the pre-construction meeting, Coastland | DCCM will continue to work with the City team, contractor, and Coastland | DCCM’s design team to ensure that all project issues are addressed promptly and that the City’s best interests are considered at all times.

PRE-CONSTRUCTION SITE VISIT AND DOCUMENTATION
Coastland | DCCM will take pre-construction digital photos of the construction site with special attention given to sensitive areas including any private residences adjacent to the project. Documenting the site prior to construction will help mitigate possible disputes between the City, contractor and property owners within or adjacent to the project limits. These photos will be logged and filed with the project files.

PROJECT START-UP
Coastland | DCCM will assemble project files in accordance with the City’s standard format. Coastland | DCCM utilizes a centralized system for document control to create, store, organize, track, and link all project information. Our digital record-keeping will ensure the constant flow of documentation to a form that quickly and easily identifies trends and critical issues and will help keep the project moving as it helps document the work.

DAILY FIELD INSPECTIONS AND DOCUMENTATION
A critical aspect of our services is maintaining close communication with City staff to ensure scheduling goals are met. To help maintain close communication, Coastland | DCCM’s inspector will be accessible to the City at all times at the project site and through the use of email and cellular phones. Coastland | DCCM’s on-site inspector will examine all construction activities to ensure that the contract work adheres to the contract documents, City standards and the established schedule.

We will maintain records and provide documentation of the work in the form of daily reports, weekly summary of construction activities, deficiency lists, and progress photographs of construction activities.

Daily reports will describe the contractor’s level of effort, specific work being done, started, or finished, and relevant points raised by the contractor that may require consideration and response. We also document proposed change orders and claims, important conversations, safety issues or accidents, extra work in progress, materials testing performed, information for “as-built” drawings, quantities for progress payments, environmental concerns and hazardous materials.

Coastland | DCCM will provide a digital photo logbook of construction activities, progress, and areas of concern or interest. The photo log will be compiled on a portable storage device (USB drive) and will identify the location and date of each photo. The log will be maintained throughout the duration of the project to assure continuity from one week to the next and will be submitted to the City at the close of the project. 47 First Street Sidewalk Gap Closure

Page 6 of 9 ends

Coastland | DCCM will continually review the specifications and plans to ensure the work is of good quality and meets the requirements of the contract documents. Coastland | DCCM will immediately report any deviation from the approved contract documents.

Our inspector will identify actual and potential problems and provide solutions. We will maintain daily documentation and resolve issues by proposing field changes and avoid any delays.

Our inspector will review the Contractor’s traffic control plan to make certain that access is maintained during construction.

In summary, our Inspector’s responsibilities include:
 Represent the City in ensuring that the terms of the construction contract are followed throughout the term of the project.
 Participate in regular meetings called by the Construction Manager.  Protect the interest of the City.
 Daily inspection of the contractor’s work for conformance to the contract documents, codes, regulations, and City standards.
 Prepare and submit daily inspection reports that document all job site activities.  Serve as a daily contact for the contractor as to performance of the construction.  Respond promptly to City requests.
 Verify construction material quantities.
 Monitor traffic control procedures.
 Distribute notifications to impacted public regarding the status of construction.  Document construction activities with photographs and maintain a photo log.  Respond to calls from the public promptly and log any complaints in a timely manner.  Work overtime as needed to assure presence on site during all construction activities.  Document and maintain complete field files containing construction period correspondences, changes, discussions with contractor, memos, reports, and other pertinent items.

PROGRESS MEETINGS
Coastland | DCCM will conduct weekly coordination and progress meetings to focus on completed and upcoming work, any construction delays, schedule updates, proposed changes, change orders, contractor’s questions, public relations, safety and other concerns that are identified by a project team member. We will work to foster honest, open communication at these weekly meetings which will help in timely resolution of any disputes and/or potential claims.

STATUS REPORTS AND DOCUMENTATION
Reports
Complete and accurate record keeping will be an essential component of this project. We will ensure project documents and certified payroll are complete and correct sub-contractors are used. We will keep the City informed and document all construction issues with the following:
 Weekly Statement of Working Days
 Progress Meeting Minutes
 Field Directive Log
 Change order tracking
 Regular phone calls and e-mails
48 First Street Sidewalk Gap Closure

Page 7 of 9 ends

Submittal Management
Coastland | DCCM will coordinate all submittals and monitor the status of the submittals to assure the contractor provides timely response. At the pre-construction conference, we will provide the contractor with a log of all required submittals and due dates. Submittals will be stamped, logged and distributed to the designer for complete review and approval. Submittals will be filed numerically and approved copies will be distributed to the City, project members, and the contractor.

Requests for Information (RFI)
Coastland | DCCM will receive and log all Requests for Information (RFIs) from the contractor, and forward the RFI to the designer. Coastland | DCCM will track the status of all RFI’s by generating a weekly RFI log that lists the “Ball-in-court” status, description, and if an RFI results in a potential change order.

Change Order Management
In the event that a change order is required, Coastland | DCCM will negotiate the changes with the contractor and prepare documentation. All changes will be approved by the contractor, Coastland | DCCM and the City prior to starting work on the change. With the City’s approval, Coastland | DCCM can negotiate with the contractor to produce the best construction method for the change at the lowest cost. If a change order requires input from the design engineer, our Construction Manager will coordinate with them to ensure it is reviewed. A Change Order Log will be created that will show Change Order number, description, status, approved date, start and completion dates and cost.

CONSTRUCTION MANAGEMENT
Our goal is to ensure that construction and contract administration are performed in compliance with City requirements and standards, and the project plans and specifications. To accomplish this goal, our Construction Manager will manage the day-to-day construction activities with the contractor. He will be accessible to the City at all times. The Construction Manager will be responsible for keeping the City informed of the progress of the project, changes that may be needed, pay estimate input and releasing information to the public. In addition, our Construction Manager will complete all contract administration documentation in a timely, accurate and orderly fashion.

In summary, our Construction Manager’s responsibilities include:
 Continuous communication and coordination with the contractor through regular progress meetings.  Review and routing of project submittals and RFIs.
 Prepare project pay estimates and maintain records associated with the project’s federal funding requirements.
 Accept work performed or, if work is rejected, work with contractor to correct construction errors.  Prepare and approve Contract Change Orders.
 Provide claims management.
 Monitor permit and environmental compliance.
 Confirm labor compliance.
 Develop a project punch list and make recommendations for project acceptance.  Maintain an up-to-date construction file containing all records associated with the construction of the project.

COST AND SCHEDULE MANAGEMENT
Coastland | DCCM will continually review the construction progress and perform field measurements and quantity calculations. Each month, Coastland | DCCM will provide accurate calculations for all work items completed and accepted to provide progress payment recommendations to the City. Coastland | DCCM will review the contractor’s progress pay estimate request and schedule of values to assess if they are 49 First Street Sidewalk Gap Closure

Page 8 of 9 ends

reasonable, and will compare this to the field measurements and quantity calculations. We will continually monitor project costs and keep the City informed regularly.

Coastland | DCCM will review the contractor’s construction schedule for accuracy, reasonableness, and will verify that it meets the project schedule, order of work, and contract requirements. Progress schedules will be reviewed weekly to ensure the contractor is meeting the critical dates. If the contractor fails to meet critical dates, it will immediately be brought to his attention and remedies to get back on schedule will be accomplished. Schedule updates may be required once a month or more. We will negotiate any time extensions for the contractor due to change orders, weather, or other delays. Coastland | DCCM will also maintain an as-built progress schedule.

PUBLIC RELATIONS AND NOTIFICATIONS
Coastland | DCCM will ensure every effort is made to keep residents and businesses informed of construction progress and minimize disruptions due to limited access and excessive noise. Our Construction Manager will proactively meet with property owners prior to and during construction to address any concerns from those affected by the project.

We will monitor traffic control and flagging procedures to ensure construction proceeds smoothly and public impact is minimized. There may be traffic delays during peak traffic periods. Accordingly, we will keep all residents and businesses informed of construction status and impacts through the use of message boards and notification letters. Our Construction Manager will also make introductions to the affected properties and provide his 24-hour contact phone number as appropriate. Coastland | DCCM will ensure that Contractor provides advanced notice to residents and businesses, as required by the specifications, regarding roadwork and lane closures.

Coastland | DCCM will log and respond to questions and concerns from the public in a timely manner and will record the contractor’s activities as they relate to public safety and public convenience.

Additionally, our inspector will accurately document pre-construction conditions with a photo log to verify the project area is restored to its original form following construction.

POST-CONSTRUCTION MEETING
Following completion of the work, Coastland | DCCM will organize and conduct the post-construction meeting. The meeting will document all requirements necessary for final closeout and payment, and confirm all contract obligations have been met. Recommendations for improvement will be made and incorporated into future projects. The results of the meeting will be summarized in meeting minutes.

SPECIAL INSPECTION AND MATERIALS TESTING
Coastland | DCCM will partner with a subcontractor to provide materials testing. Material testing will include concrete compressive strength, compaction testing of backfill materials and asphalt concrete.

PROJECT CLOSEOUT
Coastland | DCCM will verify completion of punch list items, issue notice of completion, prepare recommendations for final acceptance of the project, review as-builts for accuracy and completeness, prepare and recommend final payment, and transmit all construction documentation to the City. At the completion of the project, we will provide the City with the following:
 All contract files and records (hard & electronic files)  Annotated journal of photos and CD of digital photos
 As-built project schedule
50 First Street Sidewalk Gap Closure

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Exclusions
The following work is not included in our proposal. However, Coastland would be pleased to provide these services if the City desires:
 Environmental studies and observation.
 Arborist services.
 Public participation effort.
 Permitting fees.
 Meetings beyond those noted above.

Project Fee
Based upon our described scope of work, we propose to provide our professional engineering services on a time and materials basis for a not to exceed amount of $88,023. The total amount we have specified is only for our described Scope of Work. If you request work to be performed outside the scope of work or if the scope of work changes, we reserve the right to negotiate the cost for the extra work.

Please note that in the not-to-exceed amount, we have included an estimated amount of $900 for reimbursable expenses (i.e. mileage, printing, plotting, etc.). These reimbursable costs will be billed at cost plus 15%.

We propose to provide the construction management and inspection under Task 8 as an optional task for a total not to exceed amount of $45,000. Note that this estimate is based on 25 working days. If, at the end of the design it is discovered that the project will require more than 25 working days, we reserve the right to modify our estimated construction management and inspection fees accordingly. If this optional task is selected, the project total not to exceed amount will be $133,923.

We greatly appreciate the opportunity to serve the City of Cloverdale on this project. We are prepared to begin work upon authorization. If you have any questions regarding this proposal, please let us know. We appreciate the opportunity and look forward to continuing our work with the City.

Sincerely,
John Wanger, PE Steven Van Saun, PE
CEO Director of Engineering
Attachments: Work Estimate
Cc: Nathan Fishman, Senior Engineer
51 Subconsultant
Principal Supv. Senior Sr. Engr. Construction Cinquini & Engineer Engineer Engineer Technician Manager Passarino, Inc. $245 $240 $205 $175 $220 Cost
1 MEETINGS, PROJECT MANAGEMENT, AND FIELD REVIEW
Meetings (3) 4 4 8 $1,780Background Information 2 2 4 $760Utility Coordination 1 2 6 9 $1,700Project Management & Coordination 8 8 $1,920Field Review 4 4 8 $1,520 Subtotal 37 $7,680
2 TOPOGRAPHIC & ROW SURVEY
Topographic Survey 1 4 $6,647 5 $7,587Right of Way Survey 1 2 $14,651 3 $15,241 Subtotal 8 $22,828
3 50% PLANS & ESTIMATE
Plans 8 16 40 64 $12,200Cost Estimate 2 2 4 8 $1,590QC Review 2 2 $490 Subtotal 74 $14,280
4 90% PS&E
Plans and Details 8 24 48 80 $15,240Specifications 4 8 12 $2,600Cost Estimate 2 4 6 12 $2,350QC Review 4 4 8 $1,860Caltrans Encroachment Permit 2 8 10 $2,120 Subtotal 122 $24,170
5 FINAL PS&E
Plans and Details 4 4 24 32 $5,980Specifications 2 4 6 $1,300Cost Estimate 2 2 4 $890QC Review 4 4 $980 Subtotal 46 $9,150

DESIGN WORK ESTIMATE
TASK
TOTAL
FEE
TOTAL
HOURS
Task Information Billing Classification & Rate
1st Street Sidewalk Closure Project Proposal for Professional Engineering Services Hour & Cost Information Hours & Cost
52 Subconsultant
Principal Supv. Senior Sr. Engr. Construction Cinquini & Engineer Engineer Engineer Technician Manager Passarino, Inc. $245 $240 $205 $175 $220 Cost

DESIGN WORK ESTIMATE
TASK
TOTAL
FEE
TOTAL
HOURS
Task Information Billing Classification & Rate
1st Street Sidewalk Closure Project Proposal for Professional Engineering Services Hour & Cost Information Hours & Cost
6 BID AND CONTRACT SUPPORT
Bid Assistance 1 2 3 $725
Addendum (1) 2 2 4 $890
Subtotal 7 $1,615
7 CONSTRUCTION ENGINEERING SUPPORT
Site Visit (1) 4 4 8 $1,780RFI's (5) and submittals (10) 1 4 8 13 $2,845Change Orders (1) 1 2 2 4 9 $1,835Record Drawings 1 4 5 $940 Subtotal 35 $7,400
Direct Costs (repro, mileage, etc.) $900
Total Design Cost 13 64 100 148 4 $21,298 329 $88,023
8 Construction Management and Inspection
Construction Management & Inspection - 25 Working Days $45,000 Subtotal $45,000
Total Optional Tasks Cost $45,000Total Cost (Including Optional Tasks) 13 64 100 148 4 $21,298 329 $133,923 53 City of Cloverdale
1st Street ADA Sidewalk Project Location Map
1st Street ADA Sidewalk Project Location
Sidewalk Section
City of Cloverdale
1st Street Sidewalk Gap Closure Project Map 54
City Council/Successor Agency
Agenda Item Summary Agenda Item: H.1
Meeting Date: August 14, 2024
Agenda Section:

Public Hearing
Staff Contact:

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

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) entitled: “An Ordinance Of The City Of Cloverdale Amending Section 18.11.060: Recreational Vehicle Parking And Adding Section 18.04.050(C): Allowable Paving In The Required Front Yard 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 Zoning Code Requirements in Section

18.11.060 of the Zoning 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 2024, 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. The Planning Commission deliberated and took substantial public comment over the course of two meetings. 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.
________________________________________________________________________________________ Summary:

A draft Ordinance amending Section 18.11.060; Recreational Vehicle Parking of the Cloverdale Municipal (Zoning) Code (CMC) was initially introduced during a Public Hearing held at the July 24, 2024 City Council meeting. The City Council received public input on the draft ordinance and directed staff to make additional revisions to the Ordinance.

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

Delete the following language from CMC 18.11.060.B: and replace with updated text (Note: Council requested changes are in italics):

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 the above listed deleted text from CMC Section 18.11.060.B. with the following proposed text

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. 55 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 14, 2024

Page 2 of 2 ends

Recreational vehicles shall not be parked on grass or dirt. Parking areas shall be subject to the allowable paving requirements in Section 18.04.050(C).

2. Recreational vehicles shall not be regularly occupied or used for habitation. The recreational vehicle shall appear in a safe condition and shall be maintained and operable in accordance with CMC Section

8.02.030 (Maintenance of Property).

3. Recreational vehicles must be parked perpendicular to the front of the home.

4. A maximum of one (1) recreational vehicle per residential lot is allowed.

Add additional requirements to the Zoning Code regarding allowable paving in the Front yard as follows:

SECTION 2. Section 18.04.050(C) is added to the Cloverdale Municipal Code amended to read:

C. Allowable Paving in the Required Front Yard. Paving, hardscape or other impervious surfaces shall not collectively occupy more than fifty percent (50%) of the front yard” CEQA
The proposed zoning 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. ________________________________________________________________________________________ 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 (Red Line)

2. Draft Ordinance (Clean)
56 CITY OF CLOVERDALE
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION 18.11.060: RECREATIONAL VEHICLE PARKING AND ADDING SECTION 18.04.050(C): ALLOWABLE PAVING IN THE REQUIRED FRONT YARD OF THE CLOVERDALE MUNICIPAL CODE.

SECTION 1. RECITALS
A. Amendments to Cloverdale Municipal Code (CMC) Title 18 (Zoning) attached hereto and incorporated herein as Exhibit A 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 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.
57 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.

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 2. 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 3. 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 4. AMENDMENTS AND ADDITIONS TO TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE The following sections of Title 18 are amended as listed below and as fully set forth and detailed in EXHIBIT A of this Ordinance.
58 1.Section 18.11.060 (Recreational Vehicle Parking)

2.Section 18.04.050(C) (Allowable Paving in the Required Front Yard) SECTION 5. 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 6. 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:

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
Attachment:

Exhibit A -Cloverdale Municipal Code Section 18.11.060: Recreational Vehicle Parking And Section

18.04.050(C): Allowable Paving In The Required Front Yard 59 Exhibit A - Section 18.11.060: Recreational Vehicle Parking And Section 18.04.050(C): Allowable Paving In The Required Front Yard
Section 18.11.060 of the Cloverdale Municipal Code 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:

Recreational vehicles shall not be parked on grass or dirt. Parking areas shall be subject to the allowable paving requirements in Section 18.04.050(C).

8.02.030 (Maintenance of Property).

3. Recreational vehicles must be parked perpendicular to the front of the home.

4. A maximum of one (1) recreational vehicle per residential lot is allowed. “ SECTION 2. Section 18.04.050(C) is added to the Cloverdale Municipal Code amended to read:

C. Allowable Paving in the Required Front Yard. Paving, hardscape or other impervious surfaces shall not collectively occupy more than fifty percent (50%) of the front yard” 60 CITY OF CLOVERDALE

CITY COUNCIL
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION 18.11.060: RECREATIONAL VEHICLE PARKING AND ADDING SECTION 18.04.050(C): ALLOWABLE PAVING IN THE REQUIRED FRONT YARD OF THE CLOVERDALE MUNICIPAL CODE.

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.

2. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
61 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.

SECTION 3. 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 4. AMENDMENTS AND ADDITIONS TO TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE The following sections of Title 18 are amended as listed below and as fully set forth and detailed in EXHIBIT A of this Ordinance.
62 1.Section 18.11.060 (Recreational Vehicle Parking)

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:

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
Attachment:

Exhibit A -Cloverdale Municipal Code Section 18.11.060: Recreational Vehicle Parking And Section

18.04.050(C): Allowable Paving In The Required Front Yard 63 Exhibit A - Section 18.11.060: Recreational Vehicle Parking And Section 18.04.050(C): Allowable Paving In The Required Front Yard
Section 18.11.060 of the Cloverdale Municipal Code 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:

Recreational vehicles shall not be parked on grass or dirt. Parking areas shall be subject to the allowable paving requirements in Section 18.04.050(C).

8.02.030 (Maintenance of Property).

3. Recreational vehicles must be parked perpendicular to the front of the home.

4. A maximum of one (1) recreational vehicle per residential lot is allowed. “ SECTION 2. Section 18.04.050(C) is added to the Cloverdale Municipal Code to read:

C. Allowable Paving in the Required Front Yard. Paving, hardscape or other impervious surfaces shall not collectively occupy more than fifty percent (50%) of the front yard” 64 1/2
City Council/Successor Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

H.2
August 14, 2024
Agenda Section
Public Hearing
Staff Contact
Kevin Thompson, Community Dev. Director/Asst. City Manager Agenda Item Title
Public Hearing on Notice to Destroy Weeds for specified private properties located within the city limits. ___________________________________________________________________________________________ Recommended Council Action
Adopt A Resolution Entitled: “Resolution Of The City Council Of The City Of Cloverdale Ordering The Cloverdale Fire Protection District Chief Or Other Authorized Person To Abate Weeds Previously Declared A Nuisance On Private Properties Located At 650 & 680 S. Cloverdale Boulevard (APN 001-332-009 & -021) and Vista Oaks Subdivision (APNS 116-050-011, 116-060-012; -025; -027; -033; -063; -067: 001-350-005; -038) Authorizing The Cloverdale Fire Protection District Chief Or Other Authorized Person To Enter Onto Said Properties To Abate The Weeds; And, Authorizing Staff To Seek An Abatement Order Through The Sonoma County Superior Court For The Same, If Necessary Under The Circumstances
Summary
In accordance with City of Cloverdale Municipal Code Chapter 8.16, entitled “Weed Abatement”, the City Council adopted Resolution No. 040-2024 on July 24, 2024, which declared that weed conditions at certain properties within the City of Cloverdale constituted a public nuisance and approved removal of the weeds from those properties.

The resolution set out a general description of such weeds and their locations and fixed this date, time and place for the hearing of any objections to the proposed destruction or removal of such weeds by the City. After adoption of Resolution No. 040-2024, the City Clerk prepared and distributed a Notice to Destroy Weeds to property owners at their last known address according to the latest assessor’s roll, pursuant to Municipal Code section 8.16.050. The properties identified as being out of compliance with Municipal Code Chapter 8.16 were as follows:

Property Address Assessor Parcel Number (APN)
650/680 S. Cloverdale Blvd APN: 001-332-009 & 001-332-021 Vista Oaks Subdivision APNs: 116-050-011, 116-060-012; -025; -027; -033; -063; -067 001-350-005; -038
At the Public Hearing, the City Council is requested to hear and consider all objections to the proposed destruction and removal of such weeds. The Council, by motion, may allow or overrule any or all objections, whereupon the City Council may thereupon be deemed to have acquired jurisdiction to proceed and perform the work of weed removal, and the decision of the Council on the matter shall be deemed final and conclusive.

As of August 8, 2024, the Community Development Department has confirmed that weeds have been removed from most of the sites except for two. As such no further action is required for the properties that have removed the weeds.

Regarding the remaining parcels yet to remove the weeds (see below), as a separate action, the Council may by resolution order the abatement of such nuisance or cause the same to be abated by having the weeds destroyed by any method. The resolution also gives the authority to enter onto private property. An owner can destroy the weeds any time prior to the time of destruction and avoid having the costs assessed on the property.
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Options

1. Hold the hearing, by motion overrule any and all objections, and then move for approval to adopt the Resolution by title only.

2. Hold the hearing, by motion allow any or all objections, provide direction to staff, and continue the hearing to a date certain if deemed necessary.

Budget/Financial Impact
The City of Cloverdale may incur expenses including staff costs associated with abating weeds and associated nuisances on certain properties. Expenses including weed abatement and incidental administrative costs shall constitute a lien and may be assessed upon the properties subject to abatement.

Subcommittee Recommendation
N/A
Attachments:

1. Resolution

2. Exhibit A - Weed Abatement List
66 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ORDERING THE CLOVERDALE FIRE

PROTECTION DISTRICT CHIEF OR OTHER AUTHORIZED PERSON TO ABATE WEEDS PREVIOUSLY DECLARED A NUISANCE ON PRIVATE PROPERTIES LOCATED AT 650 & 680 S. CLOVERDALE BOULEVARD (APN 001-332-009 & -021) AND VISTA OAKS SUBDIVISION (APNS 116-050-011, 116-060-012; -025; - 027; -033; -063; -067: 001-350-005; -038) AUTHORIZING THE CLOVERDALE FIRE PROTECTION DISTRICT CHIEF OR OTHER AUTHORIZED PERSON TO ENTER ONTO SAID PROPERTIES TO ABATE THE WEEDS;

AND, AUTHORIZING STAFF TO SEEK AN ABATEMENT ORDER THROUGH THE SONOMA COUNTY

SUPERIOR COURT FOR THE SAME, IF NECESSARY UNDER THE CIRCUMSTANCES WHEREAS, pursuant to City of Cloverdale Municipal Code Chapter 8.16, entitled “Weed Abatement”, the City Council did declare, by Resolution No. 040-2024 adopted on July 24, 2024, that weeds growing on the private properties located throughout the City of Cloverdale constitute a public nuisance and pose a risk to public safety by creating a fire hazard and ordered said nuisance conditions to be abated by the destruction or removal of the weeds; and
WHEREAS, Exhibit A to Resolution No 040-2024 identified certain properties within the City of Cloverdale that remain in violation of the weed abatement ordinance, constituting a public nuisance due to weed conditions in the front, rear and side yards and pose a risk to public safety by creating a fire hazard; and
WHEREAS, the following properties identified in Exhibit A to Resolution No. 040-2024 have not removed or otherwise abated weeds growing upon their property: Vista Oaks Subdivision (APNs 116-050-011, 116-060-012; -025; -027; -033; -063; -067: 001-350-005; -038) and 650 & 680 S. Cloverdale Blvd (APNs 001-332-009 & 001-332-021); and
WHEREAS, Resolution 040-2024 established that if the weeds are not abated by removal or destruction prior to August 9, 2024, the weeds will be removed and the nuisance abated by the City; and WHEREAS, Resolution 040-2024 established a hearing on any objections to the proposed destruction or removal of such weeds by the City for Wednesday, August 14, 2024, at or soon after 6:00 p.m., at 209 N.

Cloverdale Blvd., Cloverdale, California; and
WHEREAS, the office of the City Clerk did mail written Notices to Destroy Weeds, as set forth in Cloverdale Municipal Code Section 8.16.050, to each of the assessed owners of record of the subject properties setting the Public Hearing date of August 14, 2024, at or soon after 6:00 p.m. for hearing objections; and
WHEREAS, on August 14, 2024, the City Council did hold a Hearing on the Notice to Destroy Weeds as prescribed in the Notice for the purpose of considering any evidence from the owners of the property located at Vista Oaks Subdivision (APNs 116-050-011, 116-060-012; -025; -027; -033; -063; - 067: 001-350-005; -038) and 650 & 680 S. Cloverdale Blvd (APNs 001-332-009 & 001-332-021), opposing the Notice to Destroy Weeds; and
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WHEREAS, a report by City Staff was presented and made a part of the recommendations of said hearing.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale does order the Cloverdale Fire Protection District Chief, his designee, or other authorized person(s), to abate the nuisance by removing the weeds in a method deemed appropriate; and BE IT FURTHER RESOLVED that the City Council of the City of Cloverdale does hereby expressly authorize the Cloverdale Fire Protection District Chief, his designee, or other authorized person(s), to enter onto private property to abate the weeds; and
BE IT FURTHER RESOLVED that the City Council of the City of Cloverdale does hereby authorize city staff and Cloverdale Fire Protection District staff to seek an abatement order through the Sonoma County Superior Court, if necessary under the circumstances.

AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
APPROVED: ATTESTED:
___________________________ _____________________________ Todd Lands, Mayor Michael Maloney, City Clerk
Attachments:

Exhibit A List of Properties
68 Exhibit A
List of properties
650 & 680 S. Cloverdale Boulevard (APN 001-332-009 & -021) Vista Oaks Subdivision (APNS 116-050-011, 116-060-012; -025; -027; -033; -063; -067: 001-350- 005; -038)
69 From: Melanie Bagby
To: Michael Maloney
Subject: Council Report 7/25-8/14
Date: Wednesday, August 14, 2024 11:30:06 AM
7/25 Served as a panelist at Sonoma Clean Power Customer Center GeoZone Townhall, Santa Rosa. https://sonomacleanpower.org/events/geozone-town-hall-meeting 8/7 Attended Sonoma County Alliance Municipal Forum, Santa Rosa. https://sonomacountyalliance.com/event-5647680
8/8 Attended Sonoma County Mayors' & Councilmembers' Meeting, Petaluma 8/9 Attended Sonoma County Fair board luncheon, Santa Rosa Melanie Bagby
Councilmember, City of Cloverdale
Voicemail 707-893-7170 • [email protected]
Council bio
70

Cloverdale City CouncilAugust 14, 2024

Cloverdale City Council
August 14, 2024