City Council Meeting Minutes - August 28, 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 28, 2024
4:30 PM CLOSED SESSION
CLOVERDALE CITY HALL
124 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
6:00 PM OPEN SESSION
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
Mayor 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
Item was received and filed.
City Council Meeting Minutes - August 28, 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) Item was received and filed.
Mayor Lands adjourned Closed Session at 5:45 p.m.
OPEN SESSION - 6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6:01 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
Richard Greene spoke regarding the City Hall Commemorative Flag Pole.
Daniel Frankston spoke regarding his Planning Commission Appointment and SMART C. COMMUNICATIONS
C.1 Written Correspondence:
• Correspondence - Koslowsky 1
• Correspondence - Koslowsky 2
D. STUDENT LIAISON REPORT
None.
City Council Meeting Minutes - August 28, 2024 - Page 3 of 6 E. PROCLAMATIONS
E.1 Women's Equality Day
Mayor Lands read the Proclamation and the recipients presented.
Recipient(s): Gina Fortino Dickson and Elisabeth Beaty, Commission on the Status of Women F. PRESENTATIONS
None.
G. CONSENT CALENDAR
Mayor Lands pulled item G.1 from the Consent Calendar at the request of La Reva Myles.
A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to waive reading of the text and adopt the Consent Calendar (Item G.2) The motion carried by the following vote:
Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)
Absent: (0)
G.2 Consider adjusting the Water Leak Adjustment Policy Action: Resolution Approved
RESOLUTION NO. 045-2024 ENTITLED: RESOLUTION OF THE CLOVERDALE CITY COUNCIL AMENDING THE WATER LEAK ADJUSTMENT POLICY INCREASING THE ONE-TIME $365 CREDIT TO A $410 CREDIT TOWARD THE WATER BILL.
Mayor Lands moved on to item G.1.
G.1 Second reading by title only 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
City Manager Kelley re-introduced the item and La Reva Myles provided comments and inquiries.
Assistant City Manager / Community Director Thompson responded.
A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to table the item for a date uncertain. The item will be re-noticed in accordance with the Brown Act.
The motion carried by the following vote:
Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)
Absent: (0)
City Council Meeting Minutes - August 28, 2024 - Page 4 of 6 H. PUBLIC HEARINGS
None.
I. NEW BUSINESS
I.1 Adjusting Maximum Allowable Solid Waste, Composting and Recycling Rates under the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc.
City Manager Kelley introduced the item and Recology Sonoma Marin representatives responded to inquiries and comments.
A motion was made by Vice Mayor Wheeler, seconded by Councilmember Bagby, to waive reading of the text and adopt:
RESOLUTION NO. 046-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLOVERDALE APPROVING THE MAXIMUM ALLOWABLE SOLID WASTE, COMPOSTING AND
RECYCLING RATES UNDER THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY AND RECOLOGY SONOMA MARIN INC. AND REPEALING THE RATE SCHEDULE ADOPTED UNDER RESOLUTION NO. 070-2023
The motion carried by the following vote:
Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)
Absent: (0)
Mayor Lands rearranged the agenda to see item I.3 prior to item I.2 and I.4.
I.2 Designation of the City of Cloverdale’s Voting Delegate, and potential alternate delegate, for the 2024 League of California Cities Annual Conference City Manager Kelley introduced the item.
A motion was made by Councilmember Wolter, seconded by Councilmember Bagby, to designate Mayor Lands as the City’s voting delegate, and designate Councilmember Bagby as the City’s alternate voting delegate, for the League of California Cities 2024 Annual Conference and Expo scheduled for October 16-18, 2024 and authorize the City Clerk to submit the 2024 Voting Delegates through the League of California Cities online submission portal by Wednesday September 25, 2024.
The motion carried by the following vote:
Yes: (4) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Wolter No: (0)
Abstain: (1) Councilmember Morgenstern
Absent: (0)
City Council Meeting Minutes - August 28, 2024 - Page 5 of 6 I.3 Resolution Affirming Support of Farms, Ranches, and Agricultural Operations and Businesses in Cloverdale and Sonoma County and Opposing Measure J City Manager Kelley introduced the item, and Councilmembers provided comments.
Public Comment: Daniel Charles supported the item.
Council provided additional comments.
A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to waive reading of the text and adopt:
RESOLUTION NO. 047-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CLOVERDALE AFFIRMING SUPPORT OF FARMS, RANCHES, AND AGRICULTURAL
OPERATIONS AND BUSINESSES IN CLOVERDALE AND SONOMA COUNTY AND OPPOSING MEASURE J ON THE NOVEMBER 2024 BALLOT
The motion carried by the following vote:
Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)
Absent: (0)
I.4 Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Dispatch Association and Authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City City Manager Kelley introduced the item.
A motion was made by Vice Mayor Wheeler, seconded by Councilmember Bagby, to waive reading of the text and adopt:
RESOLUTION NO. 048-2024 ENTITLED: Resolution of the City Council of the City of Cloverdale approving a Memorandum of Understanding with the Cloverdale Dispatch Association and authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City.
The motion carried by the following vote:
Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)
Absent: (0)
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 City Council Meeting Minutes - August 28, 2024 - Page 6 of 6 Last Meeting Agenda | Next Meeting - October 7, 2024 (September 2 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 - November 18, 2024
Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 15, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - September 24, 2024 (August 27 Cancelled) K. COUNCILMEMBER REPORTS
Councilmember Morgenstern reported.
K.1 Written Report(s):
Councilmember Bagby provided.
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.
M. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Kelley reported.
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Measure I Letter of Support.
O. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:33 p.m. to the next regular meeting of the Cloverdale City Council scheduled for September 11, 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 - 4:30 PM
1. OPENING CLOSED SESSION
1.A Call to Order
1.B Roll Call
1.C Closed Session Agenda Review (Changes and/or Deletions)
2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:
Prior to recessing to Closed Session, the Public may speak on Closed Session Items.
3. RECESS TO CLOSED SESSION TO HEAR THE FOLLOWING ITEM(S):
3.A PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(B)
Title: City Manager
AGENDA
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, AUGUST 28, 2024
4:30 PM CLOSED SESSION
CLOVERDALE CITY HALL
124 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
6:00 PM OPEN SESSION
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 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) 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 take action 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
E.1 Women's Equality Day
Recipient(s): Gina Fortino Dickson and Elisabeth Beaty, Commission on the Status of Women F. PRESENTATIONS
None.
Correspondence - Koslowsky
Correspondence - Koslowsky 2
Women's Equality Day Proclamation
2 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 Second reading by title only of an ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to more clearly define the off-street parking standards for recreational vehicles in residential areas.
Recommended Action(s):
Adopt 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.”
G.2 Consider adjusting the Water Leak Adjustment Policy Recommended Action(s):
Adopt a Resolution Entitled, “A Resolution of the Cloverdale City Council Amending the Water Leak Adjustment Policy increasing the one-time $365 credit to a $410 credit toward the water bill.” H. PUBLIC HEARINGS
None.
I. NEW BUSINESS
I.1 Adjusting Maximum Allowable Solid Waste, Composting and Recycling Rates under the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc.
Recommended Action(s):
Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Approving the Maximum Allowable Solid Waste, Composting and Recycling Rates under the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc. and Repealing the Rate Schedule Adopted under Resolution No. 070-2023.
I.2 Designation of the City of Cloverdale’s Voting Delegate, and potential alternate delegate, for the 2024 League of California Cities Annual Conference
Recommended Action(s):
Designate the City’s voting delegate for the League of California Cities 2024 Annual Conference and Expo scheduled for October 16-18, 2024 and authorize the City Clerk to submit the 2024 Voting Delegates through the League of California Cities online submission portal by Wednesday September 25, 2024.
Agenda Report
Attachment 1 - Draft Ordinance
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Water Sewer Leak Adjustment Policy and Form Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Rate Schedule
Attachment 3 - Cloverdale 2024 RRI Memorandum
Attachment 4 - Cloverdale Rates RRI
3 I.3 Resolution Affirming Support of Farms, Ranches, and Agricultural Operations and Businesses in Cloverdale and Sonoma County and Opposing Measure J
Recommended Action(s):
Adopt a Resolution Entitled, “Resolution Of The City Council Of The City Of Cloverdale Affirming Support Of Farms, Ranches, And Agricultural Operations And Businesses In Cloverdale And Sonoma County And Opposing Measure J On The November 2024 Ballot.” I.4 Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Dispatch Association and Authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City
Recommended Action(s):
Adopt a Resolution Entitled “Resolution of the City Council of the City of Cloverdale approving a Memorandum of Understanding with the Cloverdale Dispatch Association and authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City.” 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 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 - November 18, 2024
Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 15, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - September 24, 2024 (August 27 Cancelled) K. COUNCILMEMBER REPORTS
Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.
Agenda Report
Attachment 1 - 2024 Cal Cities Voting Delegate Information Packet Agenda Report
Attachment 1 - Resolution
Attachment 2 - Measure J Title and Summary
Attachment 3 - Economic Development Board Analysis
Attachment 4 - Measure J Text
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - CDA MOU
Attachment 3 - CDA MOU with Markup
4 K.1 Written Report(s):
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.
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 September 11, 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 Councilmember Report - Bagby
5 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 22, 2024 | Time posted: 3:05 p.m. | City Clerk Signature: s/Mike Maloney
CLOVERDALE WEEKLY NEWSLETTER
Interested in receiving useful informaBon and updates about City events, iniBaBves, acBviBes, budget and public meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 6 From: ROB KOSLOWSKY
To: ROBERT KOSLOWSKY
Subject: The Subsidized EV Charging Ride Is Coming to an End Date: Monday, August 19, 2024 6:21:16 AM
The Subsidized EV Charging Ride Is Coming to an End
— Look at the Healdsburg, California Example
“I feel like we’re doing a lot of subsidizing for EVs and I don’t understand that.” - Healdsburg’s Vice Mayor Evelyn Mitchell, June 26, 2024 [1]. “In the auto industry, Detroit’s leading the world in electric vehicles,” Biden [lied] at a November 2021 event while promoting the new infrastructure bill. He then turned to GM’s Mary Barra and praised the CEO. “You electrified the entire automobile industry. I’m serious. You led, and it matters,” Biden [lied again] . . .
Tesla’s leaders, including Musk, were outraged. During the fourth quarter of 2021, when Biden made these remarks, Tesla delivered more than 115,000 EVs in the U.S. while GM produced just 26.
- Mattioloi & Glazer, How Elon Musk Broke With Biden and the Democrats, WSJ, July 29, 2024.
The free ride is over.
Public Electric Vehicle (EV) charging stations have been so heavily subsidized by taxpayer dollars that cities have been losing money on offering charging access points. A prime example is Sonoma County’s town of Healdsburg, which operates a dozen EV chargers [1]. It costs nothing to charge an EV during weekends and overnights. During weekdays it only costs 55 cents per hour. At these generous rates, the city only recoups 16 percent of its electric bill to run its twelve public charging stations.
Taxpayers foot the remaining 84 percent of the bill.
Access has become difficult too. The costs are so cheap that people come from elsewhere to top off their battery. Why pay $1 per hour in Windsor or Santa Rosa when you can charge for no cost and leave your car all day? Hence, the access challenge for local EV drivers. As the Press Democrat reported [1], “On weekends, the average length of stay is more than 12 hours, with cars staying plugged in five hours after their car is charged.” The motive? Visit Healdsburg and enjoy both free parking and a free charge. Not a bad deal.
Even when EV drivers have to pay during weekdays, “Roughly 20% of weekday sessions parked longer than four hours,” for a whopping bill of $2.20. You can’t get parking that cheap anywhere.
Keep Your EV out of Public Parking Garages in Order to Charge It The good news is that most of these local EV parking spaces are outdoors.
It makes it easier to extinguish those dangerous lithium battery fires [2]. 7 A recent incident out of Seoul, South Korea saw a Mercedes-Benz EQE electric vehicle that hadn’t even been charging, burst into flames [3] in an underground parking lot.
“It took just seconds for an underground South Korean residential parking lot to be engulfed in flames,” according to the Wall Street Journal. “The blaze incinerated dozens of cars nearby, scorched a further 100 vehicles and forced hundreds of residents to emergency shelters as the buildings above the parking lot lost power and electricity. Nobody died, but the fire took eight hours to extinguish.” The length of time it took to put out the fire, was exacerbated by the difficulty firefighters encountered in accessing the ignition point within the parking garage.
Maybe it’s time for cities in fire prone areas such as Healdsburg to require “specialized fire extinguishers and equipment to be installed in areas at risk of EV battery fires” and propose measures associated with condos and apartment complexes to demand “EV owners sign a pledge to shoulder responsibility for any accidents.”
In the near term, Healdsburg will be tripling rates to try and recover some of the electric bill costs for operating its public EV charging stations. That’s a step in the right direction and a relief to taxpayers. Next up is for the city to deal with the liability of EV fires that can cause damage to property and pose a danger to life and limb [4, 5]. Responsible EV owners will agree to assume such liability protections to help reduce everyone’s insurance rates.
“Ford Motor said Thursday [July 18, 2024] it would retool a plant in Canada to produce large pickup trucks rather than the electric sport utility vehicles it had previously planned to make there. The move is the latest example of how automakers are pulling back on aggressive investment plans in response to the slowing growth of electric vehicle sales.”
- Ford switches gears, opts for more gas trucks, Press Democrat, July 19, 2024, p.
A8.
[1] Amie Windsor, Healdsburg to triple EV Charger Fees, Press Democrat, June 26 2024.
The Healdsburg mayor may reached by e-mail, [email protected]. [2] Stop Using Your Garage — For Your Safety and For Electrification, R.K. Koslowsky, submitted August 22, 2022.
[3] Sohn & Kim, Huge Fire Sparked by a Mercedes-Benz EV Adds to Safety Concerns Dogging Industry — Blaze in South Korea prompts debate over whether electric vehicles should be allowed in the country’s ubiquitous underground parking lots, Wall Street Journal, August 8, 2024.
[4] Through August 2021, “GM has confirmed 10 fires linked to the [Bolt battery pack] problem and is aware of some complaints of smoke inhalation but no deaths. It is advising owners to avoid fully charging their cars and warning them to not charge them in their 8 garages.”
- Colias & Foldy, GM’s Chevy Bolt Recall Casts Shadow Over EV Push, WSJ, August 29, 2021.
[5] “GM has since remedied the problem, blaming it on a defect in some battery cells, and began replacing batteries in recalled Bolts. Some owners said the problem was vexing because they were also told not to fully charge their all-electric vehicles. Some parking facilities banned drivers from parking Chevy Bolts in their structures . . . ‘Extended trips were impossible,’ Mr. [Courtney] Fong, [an Illinois resident] said, regarding the limited charging range. He said he got rid of the Bolt because of these hassles.” - Ryan Felton, Recent Surge in Car-Fire Recalls Frustrates Drivers, WSJ, July 17, 2022.
Rob Koslowsky
Author of The Tubbs Fire.
Also author of The Upstart Startup & Breach of Trust.
Author's page
9 From: ROB KOSLOWSKY
To: ROBERT KOSLOWSKY
Subject: Homeowners Wince at the Price of Going Green
Date: Sunday, August 25, 2024 8:41:39 PM
Homeowners Wince at the Price of Going Green
“Because ESG dogma isn’t playing well in the open market, Mr. Biden and his administration’s favorite big banks and asset managers want to close off certain sectors of the market altogether. If they are successful, Americans will pay the price, be it with tax dollars spent to finance green subsidies or simply with unaffordable [electric] vehicles and power bills.”
- Steve Marshall, Alabama’s Attorney General, May 24, 2023.
Now we’re really paying for it.
An $800 PG&E bill during July 2024?
Yes. It’s the highest utility bill I’ve ever had, even though I utilize many gas appliances that, to date, have softened the blow of rising electricity costs. A natural gas cooktop, gas water heater, gas heating (for the winter), gas dryer, and gas barbeque have all contributed to keeping PG&E’s electric costs in line. However, PG&E rates have skyrocketed by 127 percent over the past decade. But, in California, with the country’s second highest kilowatt-per-hour charge (just behind Hawaii’s kWh rates), this line of defense of using a diverse energy supply has faltered in terms of cost. Electricity costs have become insane.
As the Wall Street Journal reported, “Consumers are starting to pay for the energy transition, and they aren’t happy about it. Governments that were among the earliest in the world to adopt climate legislation tried to take the sting out of the transition by motivating consumers with subsidies.” But such subsidies are not ‘sustainable’ and they’re being scaled back [1] or ended. Not only are subsidies “being scaled back, taxes tied to carbon emissions are being phased in [2], and rules requiring expensive renovations are starting to bite.” No kidding.
With home building codes up through 2019 applied [3], the cost to transition one’s older home to simply move towards becoming green is over $130,000 [4]. The major issue is the re-imagining of one’s electric panels and wiring. Can you imagine the cost of cooling one’s home in the summer that does not feature insulation [5], let alone the costs of buying a newer home with R-30 in the walls and R-40 in the attic? Bills can exceed $1,000 per month during the summer simply to have a comfortable 75-degree living environment.
The solution offered by PG&E/Sonoma Clean Power is to have its customers raise thermostat levels to 80 or 85 degrees, use electric fans to 10 move warm air around, and spread electric bill costs from the summer to the winter. Comfort be damned, but be sure to avoid dehydration in a warming home by drinking a lot more water.
The utility’s other agenda? Avoiding power outages as the sun sets. This is being hyped to indoctrinate utility customers not to charge electric vehicles, avoid running pool pumps, refrain from using curling irons or kettles to boil water, and basically stop turning on high-usage electric appliances that could unsettle PG&E’s rickety grid infrastructure.
The easiest solution is to rework bad public policy and stop forcing everyone to become all-electric all the time. In that way, customers can enjoy lower electric costs, retain energy diversity as well as low-cost [6], reliable natural gas appliances, and de-stress an aging electric infrastructure that can be reinforced over time as opposed to a rush to meet some bureaucrats deadline that has no basis in sound engineering design.
In the meantime, drink plenty of water and visit your nearby mall or the coast to cool off. One way to save money on your electric bill is to leave your home during summer afternoons and evenings and turn off everything in the house except your refrigerator.
Is that really the solution we want?
“Fortunately, investors and companies have shown recently that they are better stewards of capital and understand the energy transition better than politicians, regulators and academics do. In the U.S., the first quarter of 2024 was the worst ever for ESG fund flows. Several states and organizations, including the U.S.
Chamber of Commerce, sued the SEC to block the implementation of its climate rule.”
- Barr & Clayton, The March of Folly Over ESG Investing, WSJ, August 9, 2024.
Good advice for any local resident: “Taxpayers, please vote against tax increases as the city learns to steward what it has without asking for more money that might be squandered without good oversight.”
- Duane DeWitt, Santa Rosa, August 14, 2024.
[1] Utility operators devalued solar energy production in 2023 with NEM 3.0, ensuring promised theoretical paybacks of such complex solar installations can never occur, not even for a homeowner with a 40-year mortgage who remains in their house for that duration.
Regulators agreed with California’s utilities by realizing that the majority of their customers, the non-rooftop Solar PV ones, have been subsidizing those that chose to install rooftop Solar PV for decades prior to January 1, 2020. In addition to never being able to recoup their capital investment, the mandated Solar PV system, described by the Building Standards Commission in their 2019 Building Code, is undersized. The specified 2.5 kW system is insufficient to run a single family home, unless it’s installed atop a compact Tuff Shed tiny house. One argument for under-sizing solar systems, pushed by coerced builders, is to ensure upfront costs of the system are not ‘too high to stomach’ for buyers of new homes. Another argument for under-sizing, pushed by green new dealers, is that homeowners can separately purchase a solar battery backup system for their new home 11 that can store solar energy when its sunny and use that excess energy when its nighttime or cloudy, providing the loss of sun is “not too long.” This is another theoretical argument that has yet to be realized in practice. New homebuyers across California are finding out they’re the early targets for becoming mini-utility operators, while also inheriting the costs of upfront capital expenditures ($$), realizing a reduced ability to recoup their investments for generating solar energy, facing a near future requirement to add a battery backup system ($$$), and unknowingly agreeing to maintain, repair, and replace components of a renewable energy system ($$$$) that was once the domain of large utility providers. I guess the new green deal means homeowners fork over the green for this mandated energy deal concocted by state government employing unelected commissions.
Source: Mandated Rooftop Solar is Going Wrong, R.K. Koslowsky, submitted September 2020.
See also: The Subsidized EV Charging Ride Is Coming to an End, R.K. Koslowsky, submitted August 19, 2024.
[2] “A study by the Brookings Institution estimates that the carbon-capture tax credits will cost $210 billion by 2040—$176 billion more than CBO estimated over 10 years. Brookings likewise projects that the [Inflation Reduction Act] law’s climate provisions could cost up to $1.2 trillion through 2031.”
- Allysia Finley, Joe Manchin’s Faux Betrayal and an Endless Green Bill of Goodies, WSJ, April 17, 2023.
“Mr. Biden’s current promise—100% carbon emission reduction by 2050—will be even more phenomenally expensive. It breaks down to $11,300 per person per year, or almost 500 times more than what a majority of Americans is willing to pay.” – Bjorn Lomborg, WSJ, October 14, 2021.
[3] For California homes built before 2017, the cost to convert a home from mixed fuel service delivery to all-electric operation will typically fall into the $117,576 - $136,707 range. Please see the table: Incremental Single Family Residence Costs Checklist, version 3 – Due to a Forced Implementation of a Natural Gas Ban, R.K. Koslowsky, Sept 2020. [4]
12 [5] The higher insulation demanded in current building codes requires housing studs to be 2 x 6s, not the smaller 2 x 4s. Existing homes with lower R-13 insulation (versus R-20 or higher insulation values in new homes) or no insulation (typically homes built during the 1960s and 1970s) will never operate efficiently utilizing all-electric heating equipment. Heat pumps would run continuously trying to cool living spaces in the summer and heat them during the winter season.
[6] Not only are costs higher to transition from gas plus electric service to all-electric, but complexity is added as shown in the graphic below.
13 Neither economics and resiliency nor practicality and simplicity were highlighted in three Marin County case studies for conversions from multi-fuel-based homes to all-electric homes. Over a two year period, only 17 residents of Marin County opted to convert to induction cooking instead of using gas, 38 residents for a heat-pump water heater instead of keeping their gas water heater, and 27 for mini-split heaters instead of maintaining a gas furnace. Activists in Marin County believe allowing residents’ the choice to convert, as these few folks have done, is not working quick enough, so mandates for all homeowners and businesses numbering almost 112,000 across Marin County, they claim, will be required.
Furthermore, in one of the three case studies conducted, the county’s should’ve added the original costs of adding and maintaining solar panels and the additional costs to integrate these with a complex energy management system to accommodate a new battery backup system (e.g. Tesla or Enphase) as well as an EV charger and the associated electric vehicle.
Electrify Marin’s website features a FAQ. One question posted, “Will I save on my utility bill by switching to these appliances?” features a rather lukewarm endorsement of how much cheaper natural gas operation is over electric operation, “Homeowners switching from natural gas are not likely to see significant changes in their utility bills. Time of use, electricity rates, and type of appliance swapped all influence operating costs and will vary from project to project.” Savings by not changing to all-electric will be significant. Indeed, the more electricity consumed in an all-electric environment, the higher energy costs become for the homeowner. Furthermore, electric and plumbing permits are required for such large conversion projects to all-electric. Marin County says, “Yes. An electrical permit is generally required for all projects that fall under this program. Replacing a hot water heater will also require a plumbing permit.”
Rob Koslowsky
Author of The Tubbs Fire.
Also author of The Upstart Startup & Breach of Trust.
Author's page
14 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE DECLARING AUGUST 26, 2024 WOMENS EQUALITY DAY IN CLOVERDALE WHEREAS, on August 26, 2024, we mark the 104th anniversary of the enactment of the 19th Amendment to the United States Constitution which secured the right to vote for women; and WHEREAS, in 1976, the Sonoma County Board of Supervisors established one of the first Commissions on the Status of Women in the State of California with the purpose of promoting “equal rights and opportunities that enhance the quality of life for all women and girls” and addressing “issues of discrimination and prejudice that negatively affect women in Sonoma County”; and WHEREAS, women now constitute nearly 50 percent of our workforce, the majority of the students in our colleges and graduate schools, and an increasing number of primary sources of income; and WHEREAS, in 2023-2024, Sonoma County women working full time earned 86% of what men earned and those women working in agriculture and service areas earned even less; and WHEREAS, even with the gains women have made, work remains to be done in many areas that directly impact equal pay for equal work including access to quality, affordable childcare, affordable housing and comprehensive healthcare for women including reproductive and mental health care; and
WHEREAS, the mandate for Womens Equality Day in 2024 is to “invest in women and girls to accelerate the progress” of our country.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Mayor Lands, and the City Council of the City of Cloverdale, do hereby declare August 26, 2024 as Women’s Equality Day in Cloverdale, marking the 104th anniversary of the enactment of the 19th Amendment, celebrating the achievements of women, and recommitting to gender equality in the City of Cloverdale, including equal pay for equal work, and accelerating the overall progress of women and girls.
Dated: August 28, 2024
SO ORDERED:
_______________________
Todd Lands, Mayor
15 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.1
Meeting Date: August 28, 2024
Agenda Section:
Consent
Staff Contact:
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir Agenda Item Title:
Second reading by title only of an ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to more clearly define the off-street parking standards for recreational vehicles in residential areas. ________________________________________________________________________________________ Recommended Council Action(s):
Adopt 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.”
________________________________________________________________________________________ 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. Subsequently, the draft Ordinance was introduced by title only at the City Council meeting of August 14, 2024.
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:
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. 16 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
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
17 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.
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.
18 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.
19 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 28th day of August 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 20 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:
1. Within the front yard (as defined by Table 18.04.050-A), off-street parking areas for recreational vehicles shall be developed with an improved hardscape surface such as concrete, gravel, pavers, etc.
Recreational vehicles shall not be parked on grass or dirt. 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. “ 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” 21 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.2
Meeting Date: August 28, 2024
Agenda Section:
Consent
Staff Contact:
Susie Holmes, Finance Director
Agenda Item Title:
Consider adjusting the Water Leak Adjustment Policy
_______________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution Entitled, “A Resolution of the Cloverdale City Council Amending the Water Leak Adjustment Policy increasing the one-time $365 credit to a $410 credit toward the water bill.” ________________________________________________________________________________________ Background:
In 2005 the City Council revised its Water Leak Adjustment Policy to limit the amount of leak adjustment credit to $200.00 per account. In 2017, the Council adopted Resolution No. 012-2017 amending the City’s Water Leak Adjustment Policy to increase the leak adjustment from $200 to $250. In March 2024 the Council Adopted Resolution No. 13-2024 increasing the leak adjustment from $250 to $365. Under the current policy, a leak adjustment credit is allowed one time assuming the account holder can verify that the leak has been corrected.
________________________________________________________________________________________ Summary:
City staff recommends that the maximum one-time leak adjustment credit be increased to account for the past annual increases in water rates. To enable the leak adjustment credit amount to follow increases in water rates, staff is recommending that the Council adjust the leak adjustment amount from $365.00 to $410.00 (see Table 1).
Table 1 – Recommend Leak Adjustment Credit Increases
Fiscal Year Water Rate Increase % Leak Adjustment Amount Adjusted for Water Rate Increases
16-17 $ 250.00
17-18 3% $ 257.50
18-19 3% $ 65.23
19-20 3% $ 273.18
20-21 0% $ 273.18
21-22 6% $ 289.57
22-23 12% $ 324.32
23-24 12% $ 363.24
24-25 12% $ 406.82
Because the Water Rates increased 12% on July 1, 2024, it is recommended that the current maximum leak adjustment increase by the same percentage. The new maximum allowable amount of $410 would become effective immediately with adoption of the attached resolution. ________________________________________________________________________________________ 22 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Options:
1. Reject the Resolution; or
2. Provide alternative direction to City staff.
________________________________________________________________________________________ Subcommittee Recommendation:
None.
________________________________________________________________________________________ Budget/Financial Impact:
The increase in the maximum leak adjustment credit will result in an estimated reduction of approximately $500 a year in the Water Enterprise Fund.
________________________________________________________________________________________ Attachments:
1. Resolution
2. Exhibit A - Water Sewer Leak Adjustment Policy and Form 23 CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AMENDMENT TO THE WATER LEAK ADJUSTMENT POLICY INCREASING THE WATER LEAK ADJUSTMENT CREDIT FROM $365 TO $410.
WHEREAS, on March 27, 2024, the City Council adopted Resolution No. 013-2024 approving an amendment to the water leak credit Policy; and
WHEREAS, the March 2024 amendment to the Water Leak Adjustment Policy increased the one-time credit from $250 to $365; and
WHEREAS, since the March 2024 amendment to the one-time water rate credit, there has been a 12% water rate increase; and
WHEREAS, Water leak adjustments typically refer to adjustments made to a water bill when a customer experiences a leak on their property, leading to higher-than-normal water consumption. These adjustments are provided as a way to alleviate the financial burden on customers who may not be aware of or able to promptly address leaks; and
WHEREAS, to ensure that the leak adjustments align with the current water rates, staff recommend increasing the leak adjustment amount to $410.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves an Amendment to the Water Leak Adjustment Policy attached hereto as Exhibit A increasing the Water Leak Adjustment credit from $365 to $410.
The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the day of August 2024 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT: None
None
APPROVED: ATTEST:
______________________ ______________________
Todd Lands, Mayor Mike Maloney, City Clerk
Attachments:
Exhibit A – Water Leak Adjustment Policy Rate Increase History 24 P.O. Box 217 • 124 North Cloverdale Blvd. • Cloverdale, CA 95425-0217 • Telephone (707) 894-2521 • FAX (707) 894-3451
WATER LEAK ADJUSTMENT POLICY
The water service connection, including the meter and the meter box and all distribution lines, will be repaired and maintained by the City at its own expense. The City, however, shall not be responsible for the installation and maintenance of water lines beyond the end of its service connection. (Cloverdale Municipal Code §13.04.330 Maintenance)
On rare occasions, a leak may occur as a result of a crack, breach, or flaw in the property owner’s system and in certain conditions, the City will grant a limited leak credit.
Important information to consider:
• The water leak must not have occurred as a result of a willful or negligent act on the part of the customer.
• Customers must make a written request for a leak adjustment using the attached form and explain the cause of the leak, where the leak occurred, and all other relevant factors. • Proof that the leak was fixed is required. Normally, this will be copies of receipts from the repair person or company, or supply receipts. The customer must be able to demonstrate that the repair was made within a reasonable time.
• The water usage must be two hundred percent (200%) or more of the normal usage based on the last twelve (12) months.
• Water leak credits are limited to $410 and only one (1) credit will be granted during the life of the account. Up to two (2) billing cycles demonstrating unusual usage will be eligible for an adjustment.
• To determine normal usage, consumption will be averaged using the previous twelve (12) months of water consumption. If the account is new and does not have a full year of history, the Finance Department staff will estimate average consumption based on available history, usage of similar residences in the neighborhood, and any other relevant factors. • The decision to grant a leak adjustment shall rest solely with the Finance Manager whose decision is final.
The process:
• Once your leak is repaired and you believe you qualify for a leak adjustment, complete the attached form and submit it to the Utility Department at City Hall. • Staff will review your request and if eligible for continued consideration, staff will go to your property and read your meter. The results will be used to determine usage resulting from the leak.
• Staff will calculate the adjustment, and if eligible, will submit all required documentation to the Finance Manager for review.
• Once approved or denied, a copy of the Residential Leak Adjustment Request form will be mailed to you.
• Please submit the balance due prior to the due date on your bill to prevent the assessment of penalties.
25 LEAK ADJUSTMENT
REQUEST
124 N. Cloverdale Blvd., Cloverdale, CA 95425
Phone: 707-894-1700 Fax: 707-894-3451
www.ci.cloverdale.ca.us
I understand that by completing this form it does not guarantee an adjustment will be made to my water bill. All adjustments are issued based on average usage for previous account history and are credited at a reduced rate for water loss only. It is my responsibility to make payment to the utility department of my balance due bringing my account current or penalties may be assessed if payment is not delivered timely.
I have read, understand and agree with the leak adjustment guidelines.
Signature of Account Holder _____________________________________________________ Printed Name ___________________________________ Date _________________________
RECEIVED DATE
STAMP
REMEMBER:
Complete the entire form
Attach Copies of Receipts
Mail or deliver to City Hall
CUSTOMER INFORMATION: Enter all information below.
Name on Account ____________________________________________________ Account Number _______________________________ Service Address ________________________________________________________________________________________________________ (Cannot be P.O. Box) Contact Phone ________________________________________ Alternate Phone ________________________________________ Mailing Address (if different than above) ______________________________________________________________________________________ City ________________________________________________________ State ___________ Zip Code _______________ Copies of receipts for any materials or services related to the repair must be attached and are required for this request to be considered.
Briefly describe the receipts attached. ________________________________________________________________________________________. _________________________________________________________________________________________________________________________ LEAK REPAIR INFORMATION: Enter all details below.
RECEIPTS:
SIGNATURE OFFICE USE ONLY
Date Leak Discovered ___________________________________ Date Leak Repaired ___________________________________ Description of the Leak and Repair __________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ □ Approved By ___________ Date ____________ Adjustment Amount ____________ Adjustment Made By ____________ Date __________ □ Denied By ___________ Date ____________ Reason for Denial _____________________________________________________________ __________________________________________________________ Customer Notified Date __________ Balance Due ________________
CITY OF CLOVERDALE UTILITY DEPARTMENT USE ONLY
26 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
I.1
August 28, 2024
Agenda Section:
New Business
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Adjusting Maximum Allowable Solid Waste, Composting and Recycling Rates under the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc. ________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Approving the Maximum Allowable Solid Waste, Composting and Recycling Rates under the Solid Waste Collection Franchise Agreement between the City and Recology Sonoma Marin Inc. and Repealing the Rate Schedule Adopted under Resolution No. 070-2023.
________________________________________________________________________________________ Background:
Solid waste collection in Cloverdale is established by Chapter 8.12 of the Municipal Code. In March 2011, the City of Cloverdale entered into a solid waste and recycling collection franchise agreement (“Franchise Agreement) with Redwood Empire Disposal, Inc. (RED) for the exclusive right to perform collection services in Cloverdale. The franchise agreement is a detailed contract which sets forth the types of solid waste and recycling services. In return for the exclusive right to collect solid waste in Cloverdale, RED paid the City a franchise fee. On August 18, 2017, the City received a request from Redwood Empire Disposal (“RED”) to assign the Franchise Agreement to Recology Sonoma Marin (“RSM”), which is a wholly owned subsidiary of Recology, Inc. (“Recology”). In December 2017, the City Council adopted Resolution No. 084-2017, approving the assignment of the Franchise Agreement with Redwood Empire Disposal, Inc. to Recology.
The Franchise Agreement allows the franchise holder to submit annual rate adjustment requests to the City of Cloverdale to adjust the effective solid waste rates. Per the Municipal Code and franchise agreement, the City Council approves the maximum allowable rates by resolution. On March 23, 2022, City Council adopted Ordinance No. 746- 2022 amending Chapter 8.12, “Collection, Disposal, and Processing of Solid Waste, Recyclables and Organic Waste and Related Activities” of the Cloverdale Municipal Code for Implementation of Senate Bill 1383 for Solid Waste Management. In addition, the Council approved a MOU with Zero Waste Sonoma (“ZWS”).
Recology submitted an updated Special Rate Review application on June 14, 2022. The Special Rate Review request was based on Recology’s rate revenues being below levels needed to cover the cost of providing solid waste services in the City as well as the increased costs associated with normal annual increases in collection and disposal costs. On August 24, 2022 the City Council approved a fifteen year extension to the agreement, through December 31, 2040, which included a 4 year phase in rate increases associated with SB 1383 Costs. The first rate increase was December 1, 2022. When approved, the spread increase was 10% effective September 1, 2023, 5% effective September 1, 2024, and an additional 1.88% effective September 1, 2025. The City Council adopted Resolution No. 070-2023 on September 13, 2023 which adjusted the annual maximum allowable solid waste rates in effect over the period from September 2023 – August 2024. 27 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
________________________________________________________________________________________ Summary:
In accordance with the Franchise Agreement between the City and RSM, RSM submitted an annual rate increase request for new rates to be effective September 1, 2024. According to Section 6.5 of the franchise agreement, a rate adjustment application may be submitted annually by the franchise holder for changes in the rates for the following components referred to as the Refuse Rate Index or RRI:
1. Collection component;
2. Disposal (tipping fee) component;
3. Compostable Materials Processing fee component;
4. Retroactive Rate Pass Through Element*; and
5. Franchise fee component.
* added to address the timing of the annual adjustment of landfill tipping fees on April 1 R3 Consulting Group, Inc. (R3) was engaged by the City of Cloverdale to review Recology’s RRI application for a rate increase. The franchise agreement allows the City to be reimbursed for the review of the rate adjustment calculation. R3 Consulting Group’s letter report is attached to this agenda item (Attachment 2), wherein it is found that Recology’s rate adjustment calculation is properly performed. An outline of the rate adjustment is summarized below.
Rate Review
R3 completed a review of the rate application submitted by Recology. R3 confirmed that RSM used the correct indices, and that the percent change for the indices were accurately calculated and correctly applied in the RRI Calculation. The financial data provided by RSM is clearly separated for the RRI index components and accurately applied in the RRI calculations including the current tipping fee at the Central Landfill.
Refuse Rate Index Adjustment
The RRI adjustment consists of five separate components that are added together to calculate the customer rates. According to the franchise agreement between the City and Recology the annual RRI adjustment is calculated on a 12-month fiscal year period. The five components that determine the customer rates are outlined below including a description of a retroactive rate pass through.
Collection Component
The collection component is calculated using the RRI adjustment methodology outlined in Exhibit D of the Franchise Agreement between the City and Recology. Exhibit D explains that the collections component is reflected by the Refuse Rate Index (RRI) and is adjusted by the annual change in five different price indices including “Labor”, “Fuel”, “Vehicle Replacement”, “Vehicle Maintenance”, and “All Other”. Four of the price indices are produced by the Bureau of Labor and Statistics (BLS) each with its own unique series ID making up the cost category which includes labor, vehicle replacement, vehicle maintenance and “other”. R3 utilized the information provided by Recology to verify the rates that were submitted on the RRI application.
Recology’ s RRI calculated collection component rate produced an increase in the collection component of
3.25%.
Disposal Fee component
28 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
The disposal tipping fee consists of a change in the landfill/tipping fee. On April 1, 2023, the new disposal tipping fee taken directly from the disposal tipping fee at the Central Landfill was increased by $7.22 per ton to $155.47 per ton. Effective April 1, 2024, the landfill tipping fees was increased by Sonoma County from the April 2023 rate of $155.47 per ton to the April 2024 rate of $164.92 per ton. The change in disposal fees from 2023 to 2024 represents a 6.09% increase in the disposal component of the overall rate.
Compostable Materials Processing Fee Component
The compostable materials component is a change in the processing/tipping fee associated with processing green/organic waste. The compostable materials processing fee increased from the April 2023 per ton rate of $106.84 to $116.08 per ton, which became effective on April 1, 2024. This represents a 8.65% adjustment over the current compostable materials processing fee component. This is applied to the compostable materials processing fee component to calculate the updated compostable materials processing fee component cost.
Franchise Fee Component
The City set the franchise fee for the 2022-23 rate year at $235,000, which would maintain stable franchise fee revenues to the City while mitigating increases in rates. This reduced franchise fee was presented as a cost saving option during the August 24, 2022 City Council Meeting. These franchise fees will increase by CPI each year so that the value of the franchise fee keeps up with inflation. Recology’s revised rate adjustment application correctly includes franchise fees adjusted by CPI in the amount 3.0% for the forthcoming fiscal year, starting September 1, 2024. Application of a CPI rate of 3.0% increased the Franchise Fee from $246,289 annually, to $253,748 annually effective September 1, 2024.
Retroactive Rate Pass Through
The Sonoma County disposal fee and composting fee adjustments occur in April of each year while the Franchise Agreement has annual adjustments to the collection rates for the Cloverdale customers on September 1st of the year. Due to the difference in timing between the annual rate adjustment period in September and the adjustment of the tip fee in April, Recology calculated new customer rates reflecting a retroactive billing period to account for the five months (April to August) that the 2024 adjusted landfill tipping fees were not applied to the customer billing rates.
The Retroactive Rate Pass Through Element was created as a means to recapture that loss of revenue for Recology due to the midyear change in tipping fees and avoids the need to process rate adjustments twice per year. The retroactive billing period is for the period from April 1, 2024 to August 31, 2024. The retroactive rates for residential collection range from approximately $0.01-$0.04.
SB 1383 Costs 4 year (3 step) Phase In
On August 24, 2022 the City Council authorized a fifteen year extension to the Agreement, through December 31, 2040, which included a 4 year phase in of step increases associated with SB 1383 Costs. The authorized step increases were 10% effective September 1, 2023, an additional 5% effective September 1, 2024, and an additional 1.88% effective September 1, 2025. Per Section 6.5 of the Franchise Agreement, these step increases are in addition to the normal annual solid waste rate adjustment. 29 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Summary of Rate Adjustments
The phased rate increase of 5% coupled with the RRI increase of 3.25 % and other rate adjustment factors (disposal fee, compostable processing fee, retroactive fees) result in total rate increases averaging approximately 9.5%. The customer rates provided by Recology effective September 1, 2024 result in the following percentage increases over current rates due to the components listed above:
• Residential Carts – Rate Increases of between 9.2% - $9.5% (depending on size of cart). o The total monthly adjustments range from $2.92 to $7.65 per month • Commercial Bins – RRI Increases of between 9.5% - 10.0% (depending on size and collection frequency). o The total monthly adjustments range from $32.09 to $88.91 per month.
Table 1, below, is a comparison between the 2023-24 rates and proposed 2024-25 rates.
Table 1: Rate Comparison
Subscription Size 2023 Rates 2024 Rates Rate Difference Percentage Difference
Residential
20 Gallon $29.63 $32.55 $2.92 9.8%
32 Gallon $40.75 $44.61 $3.86 9.5%
64 Gallon $64.13 $70.03 $5.90 9.2%
96 Gallon $82.86 $90.51 $7.65 9.2%
Commercial
1.5 CY 1/week $336.53 $368.62 $32.09 9.5%
1.5 CY 3/week $827.83 $908.28 $80.45 9.7%
3 CY 1/week $520.08 $571.14 $51.06 9.8%
6 CY 1/week $886.16 $975.07 $88.91 10.0%
Attachment A contains the rate sheet, with the few index value adjustments identified by R3, as calculated by the Franchise Agreement.
In summary, Recology’s rate application included an adjustment for the RRI adjustment. R3 reviewed this request and recommends that the City proceed with the RRI adjustment at this time. _______________________________________________________________________________________ Options:
1. Deny Resolution approving Recology’ s annual 2024-25 Rate Adjustment Request; or
2. Provide alternative direction to staff.
________________________________________________________________________________________ 30 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Subcommittee Recommendation:
The Proposed Rate Adjustment request was reviewed by the Finance Administration & Police Subcommittee at their August meeting.
________________________________________________________________________________________ Budget/Financial Impact:
There is no immediate impact on City finances due to the rate adjustment. Cloverdale residential and commercial customers will be impacted by this rate increase depending on the size and frequency of solid waste collection services. A minor impact will be a CPI increase in the Franchise Fees paid by RSM to the City, which will increase by $11,289 annually.
________________________________________________________________________________________ Attachments:
1. Resolution
2. Exhibit A - City of Cloverdale Proposed 2024 Rate Schedule for RRI
3. Letter Report from R3 Consulting
4. Recology Annual Rate Review
31
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ___-2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE
APPROVING MAXIMUM ALLOWABLE SOLID WASTE, COMPOSTING AND RECYCLING RATES AND REPEALING RATE SCHEDULES ADOPTED UNDER RESOLUTION NO. 070-2022 WHEREAS, on February 23, 2011, the City Council adopted Ordinance No. 677-2011 repealing Cloverdale Municipal Code Chapter 8.12, and adding a new Chapter 8.12, entitled, “Collection, Disposal and Processing of Solid Waste Recyclables and Compostable Materials and Related Activities” to the Cloverdale Municipal Code; and
WHEREAS, on March 23, 2011, the City Council approved Resolution No. 021-2011, adopting a new franchise agreement with Redwood Empire Disposal Inc. (RED) that, among other things, established a new franchise term provided for amendment of franchise rates, and provided for new services to be provided by RED to the City and to its residents; and
WHEREAS, on October 25, 2016, the City Council approved Resolution No. 082-2016, which authorized adjusted maximum allowable rates for consideration of an decreased franchise fee; and WHEREAS, Section 6.5 of the franchise agreement sets forth provisions for a pass through rate adjustment effective for changes in the disposal and compostable fees; and WHEREAS, on August 18, 2017, the City received a request from Redwood Empire Disposal (“RED”) to assign the Franchise Agreement to Recology Sonoma Marin (RSM), which is a wholly owned subsidiary of Recology, Inc. (“Recology”); and
WHEREAS, in December 2017, the City Council adopted Resolution No. 084-2017, approving the assignment of the Franchise Agreement with Redwood Empire Disposal, Inc. to Recology; and WHEREAS, effective April 1, 2018, the County of Sonoma increased disposal fees and compost fees, and Recology submitted a rate adjustment application in July 2018 for pass through consideration per the provisions of Section 6.5 of the franchise agreement, and WHEREAS, effective April 1, 2019, the County of Sonoma increased disposal fees and compost fees, and Recology submitted a rate adjustment application in July 2019 for pass through consideration per the provisions of Section 6.5 of the franchise agreement, and WHEREAS, effective April 1, 2020, the County of Sonoma increased disposal fees and compost fees, and Recology submitted a rate adjustment application in July 2020 for pass through consideration per the provisions of Section 6.5 of the franchise agreement; and WHEREAS, effective April 1, 2021, the County of Sonoma increased disposal fees and compost fees, and Recology submitted a rate adjustment application in July 2021 for pass through consideration per the provisions of Section 6.5 of the franchise agreement ; and 32
WHEREAS, on July 27, 2022, the City Council approved the First Amendment to the Agreement with Recology to comply with SB 1383 Regulations (Resolution 082-2022) which approved increasing solid waste rates to fund compliance with SB 1383; and
WHEREAS, On August 24, 2022, the City Council Adopted Resolution No. 082-2022 approving the Second Amendment to the Franchise Agreement and maximum allowable solid waste, composting and recycling rate schedule effective December 1, 2022; and WHEREAS, on November 9, 2022, the Council adopted Resolution No. 112-2022 approving the Second Amendment to Franchise agreement for collection, disposal, and processing of solid waste, recyclables, and compostable materials and related activities between the City of Cloverdale and Recology Sonoma Marin; and
WHEREAS, on September 13, 2023, the Council adopted Resolution No. 070-2023 which adjusted the annual rates in accordance with the Second Amendment and 2023 Refuse Rate Index (RRI) including other fee components; and
WHEREAS, effective April 1, 2024, the County of Sonoma increased disposal fees and compost fees, and Recology submitted an annual rate increase request in July 2024 for new rates to be effective September 1, 2024 for changes to the RRI;
WHEREAS, Section 6.5 of the franchise agreement further sets forth that the City, or designee, may review the cost data for reasonableness, and that the City’s cost to perform the review shall be paid for by Recology; and
WHEREAS, the City requested that R3 Consulting Group, a qualified independent consultant specializing in solid waste rate review, to conduct a review of Recology’s RRI calculations; and WHEREAS, R3 Consulting Group completed their review of Recology’s annual rate adjustment application and found the RRI calculations in accordance with the terms of the franchise agreement, except for minor errors; and
WHEREAS, Section 8.12.090 (Rates) of the Cloverdale Municipal Code sets forth: “The City Council may by resolution from time to time amend the maximum rates that contractors may impose for the collection, disposal, and processing of solid waste, recyclable materials and compostable materials and related services within the city.”; and
WHEREAS, the proposed annual rate adjustment for 2024 is consistent with the franchise agreement including the 2nd amendment and Municipal Code, said RRI calculations have been reviewed for accuracy by a qualified consultant, and further routine rate adjustments according to pass through disposal fee and compost fee increases are prudent public policy in order that the rate structure remains competitive over the franchise agreement term thereby preventing large rate adjustments which cause customer dissatisfaction.
33
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cloverdale does ordain as follows:
1. The above recitals are true and correct and are hereby incorporated into this resolution as findings of the Cloverdale City Council.
2. The City Council of the City of Cloverdale approves the maximum allowable solid waste, composting and recycling rate schedule shown in Exhibit A attached hereto, to be effective September 1, 2024.
3. Resolution No. 070-2023 is hereby repealed.
The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 28th day of August 2024 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachment:
Exhibit A – Recology Sonoma Marin 2024 Solid Waste Composting and Recycling Rate Schedule 34 Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Residential Cart Collection (1)
R2020-Gallon Cart $20.94 $4.22 $4.44 $2.95 $32.55
R3535-Gallon Cart $31.24 $4.90 $4.44 $4.04 $44.61
R6060-Gallon Cart $52.16 $7.09 $4.44 $6.34 $70.03
R9090-Gallon Cart $65.38 $12.50 $4.44 $8.19 $90.51
ROFFR Road Charge* $12.53 $1.24 $13.77
XPUExtra Pick up $17.58 $1.65 $1.91 $21.14
RWALK Carry Charge per Cart** $3.47 $0.35 $3.82
Overflow Charge $0.00 $12.50 $2.05 $14.54
Low Income Discount (20% Discount)
CARE20 20-Gallon Cart $26.04
CARE35 35-Gallon Cart $35.69
CARE60 60-Gallon Cart $56.02
CARE90 90-Gallon Cart $72.41
CAREROFFR Road Charge* $11.02
CARERWALK Carry Charge per Cart** $16.91
Commercial Cart and Bin Collection
1.5 Cubic Yd Bin
C1HYG1 x week $220.98 $109.75 $4.44 $33.44 $368.62
C1HYG2 2 x week $359.06 $219.50 $4.44 $58.21 $641.21
C1HYG3 3 x week $492.12 $329.25 $4.44 $82.48 $908.28
C1HYGXPU Extra Pick-up $91.64 $25.33 $4.44 $12.10 $133.50 2 Cubic Yd Bin
C2YG1 x week $267.94 $146.33 $4.44 $41.79 $460.50
C2YG22 x week $429.57 $292.66 $4.44 $72.58 $799.26
C2YG33 x week $592.00 $439.00 $4.44 $103.45 $1,138.88
C2YGXPU Extra Pick-up $111.63 $33.77 $4.44 $14.93 $164.77 3 Cubic Yd Bin
C3YG1 x week $295.32 $219.50 $4.44 $51.88 $571.14
C3YG22 x week $487.58 $439.00 $4.44 $93.08 $1,024.09
C3YGXPU Extra Pick-up $128.12 $50.66 $4.44 $18.27 $201.49 4 Cubic Yd Bin
C4YG1 x week $315.38 $292.66 $4.44 $61.24 $673.71
C4YG22 x week $491.39 $585.33 $4.44 $108.18 $1,189.34
C4YG33 x week $653.03 $877.99 $4.44 $153.71 $1,689.17
C4YGXPU Extra Pick-up $139.69 $67.54 $4.44 $21.12 $232.79 6 Cubic Yd Bin
C6YG1 x week $442.99 $439.00 $4.44 $88.65 $975.07
C6YG22 x week $546.56 $877.99 $4.44 $143.13 $1,572.12
C6YGXPU Extra Pick-up $185.98 $101.31 $4.44 $29.12 $320.85 Carts
C35 1 - 35 Gal Cart 1xw $44.30 $10.13 $4.44 $5.86 $64.73 C64 1 - 64 Gal Cart 1xw $87.95 $21.95 $4.44 $11.39 $125.73 C96 1 - 96 Gal Cart 1xw $133.43 $32.08 $4.44 $16.93 $186.88 CXPUExtra Pick-up $23.89 $4.44 $2.81 $31.14
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Submitted: August 1, 2024 Page 2 of 10
Attachment A
35 Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Commercial Solid Waste Compactor Special Services
CPUSHBackyard Charge $62.40 $6.20 $68.60
CWKBNSideyard for Fee Service $62.40 $6.20 $68.60
KEY Key Charges (1) $25.00 $2.48 $27.48
ENCLOSURE Enclosure Charges (2) $62.40 $6.20 $68.60
GATEGate Service Charges (3) $25.00 $2.48 $27.48
LONGLong Walk Charge (4) $62.40 $6.20 $68.60
COMMERCIAL OVERAGE Commercial Overage per Cubic Yard $89.57 $16.89 $10.60 $117.06 CLEAN UP 4 yd Cleanup Bin (3 days) $351.81 $67.54 $41.75 $461.11 Trip Charge $201.48 $20.02 $221.50
Compactor Cleaning $604.44 $60.06 $664.50
Monthly Rental $201.48 $20.02 $221.50
Daily Rental (<= 7 days, then monthly) $28.78 $2.86 $31.64 Contaminated Recycle, yard waste or food scrap:
CONTAMCART Cart $44.64 $4.44 $49.08
CONTAMBIN Bin (plus $0 per yard) $44.64 $4.44 $49.08
FOR Cleaning Fee for food scrap Bin/Cart in excess of 1 per year $111.55 $11.08 $122.64 REPLACECART Replacement Cart after 1/year $174.00 $17.29 $191.29 REPLACEBIN Replacement Bin after 1/year $294.47 $29.26 $323.73 RETURNSame day return trip for Bin/Cart blocked or not at curb $36.81 $3.66 $40.47 CLOSEDACCT Fee to reinstate account closed for nonpayment $55.74 $5.54 $61.28 ADDLYWAdd'l Recycle or Yard Waste Cart (after 2) $36.81 $3.66 $40.47 Submitted: August 1, 2024 Page 3 of 10
Attachment A
36 Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Commercial Solid Waste Debris Box Service:
20Y 20 yard or less $478.47 $337.72 $81.53 $897.72
30Y 30 yard & 40 yard $540.87 $337.72 $87.73 $966.32
MSWDISP Disposal per ton over 2 tons $0.00 $168.86 $19.85 $188.71 C&D Debris Box containing >10% recyclables (2 tons charged when delivered; excess billed) 20YCD20 yard or less $478.47 $337.72 $81.53 $897.72
30YCD30 yard & 40 yard $540.87 $337.72 $87.73 $966.32
Wood (disposal billed separately @ $130.43 per ton based on tag 20YW20 yard or less $259.67 $25.80 $285.47
30YW30 yard & 40 yard $286.60 $28.48 $315.07
20YB20 yard or less $259.67 $25.80 $285.47
30YB30 yard & 40 yard $286.60 $28.48 $315.07
Recycling
20YR20 yard or less $286.60 $28.48 $315.07
30YR30 yard & 40 yard $286.60 $28.48 $315.07
Dirt - half-full box allowed (disposal billed separately @ $7.57 per ton based on tag) 20YD20 yard or less $573.19 $56.95 $630.14
Concrete - half-full box allowed (disposal billed separately @ $29.92 per ton based on tag) 20YCT20 yard or less $286.60 $28.48 $315.07
Compactor MSW Solid Waste Compactors
3YCMP3 yard once/week $504.58 $416.59 $83.95 $100.41 $1,105.53 3YCMP2 3 yard twice/week $1,009.00 $833.18 $167.90 $200.81 $2,210.89 3YCMP3 3 yard three times/week $1,511.38 $1,249.77 $251.85 $301.00 $3,313.99 Other sized compactors (disposal billed separately @ $188.73 per tag) 20YCMP 20 yard or less compactor $499.25 $49.60 $548.85 25YCMP 25 yard compactor $624.05 $62.00 $686.05
30YCMP 30 yard compactor $748.86 $74.40 $823.26
Brush (disposal billed separately @ $130.43 per ton based on tag) Submitted: August 1, 2024 Page 4 of 10
Attachment A
37 Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Furniture
Twin Twin $100.40 $39.46 $13.95 $153.81
Double / Full Doube / Full $100.40 $39.46 $13.95 $153.81 QueenQueen $100.40 $39.46 $13.95 $153.81
King King $100.40 $39.46 $13.95 $153.81
Bed Frame Bed Frame $93.06 $15.79 $10.84 $119.69
Couch (under 6 feet) Couch (under 6 feet) $93.06 $15.79 $10.84 $119.69 Upholstered Chairs Upholstered Chairs $93.06 $15.79 $10.84 $119.69 Wooden Chairs Wooden Chairs $93.06 $15.79 $10.84 $119.69 Dinette Tables Dinette Tables $93.06 $15.79 $10.84 $119.69 Household
Rug (9x12) Rug (9x12) $93.06 $15.79 $10.84 $119.69
VacuumVacuum $93.06 $15.79 $10.84 $119.69
Appliances
Water Heater - up to 100 gallon Water Heater - up to 100 gallon $93.06 $15.79 $10.84 $119.69 Oven Oven $95.51 $23.67 $11.87 $131.05
Oven (stove top) Oven (stove top) $95.51 $23.67 $11.87 $131.05 Oven (stove unit) Oven (stove unit) $95.51 $23.67 $11.87 $131.05 Microwave Microwave $93.06 $15.79 $10.84 $119.69
Garbage Compactor Garbage Compactor $93.06 $15.79 $10.84 $119.69 Refrigerator Refrigerator $126.11 $15.79 $14.12 $156.02 FreezerFreezer $100.40 $39.46 $13.95 $153.81
Add'l charge for Freon $57.24 $6.67 $63.91
Air Conditioner Air Conditioner $100.40 $39.46 $13.95 $153.81 Washing Machine Washing Machine $95.51 $23.67 $11.87 $131.05 Dryer Dryer $95.51 $23.67 $11.87 $131.05
Building Materials
Household Doors Household Doors $93.06 $15.79 $10.84 $119.69 Sink Sink $93.06 $15.79 $10.84 $119.69
ToiletsToilets $93.06 $15.79 $10.84 $119.69
Windows (less than 3' by 4' only) Windows (less than 3' by 4' only) $93.06 $15.79 $10.84 $119.69 Windows larger than 3x4 Windows larger than 3x4 $139.61 $15.79 $15.46 $170.86 Yard & Garden
Gas Mower (must be drained of gas & oil) Gas Mower (must be drained of gas & oil) $93.06 $15.79 $10.84 $119.69 BBQ BBQ $93.06 $15.79 $10.84 $119.69
Ping Pong Table Ping Pong Table $93.06 $15.79 $10.84 $119.69 Exercise Bike Exercise Bike $93.06 $15.79 $10.84 $119.69 Swing Sets Swing Sets $93.06 $15.79 $10.84 $119.69
Bike Bike $93.06 $15.79 $10.84 $119.69
Submitted: August 1, 2024 Page 5 of 10
Attachment A
38 Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Electronics
Computer Monitor or Computer Tower/CPU Computer Monitor or Computer Tower/CPU $93.06 $15.79 $10.84 $119.69 Television Television $93.06 $15.79 $10.84 $119.69
Large Screen Television Large Screen Television $115.42 $15.49 $13.03 $143.93 Console Television Console Television $115.42 $15.49 $13.03 $143.93 Stereo Equipment Stereo Equipment $93.39 $15.49 $10.84 $119.72 VCR/Home Entertainment VCR/Home Entertainment $93.39 $15.49 $10.84 $119.72 Printer / Fax Printer / Fax $93.39 $15.49 $10.84 $119.72 Copier (table top) Copier (table top) $93.39 $15.49 $10.84 $119.72 Copier (small stand alone) Copier (small stand alone) $127.23 $116.18 $24.34 $267.74 Oversize Office Equipment Oversize Office Equipment Price Varies Car Parts
Engine Block (completely drained of fluids) Engine Block (completely drained of fluids) $93.06 $15.79 $10.84 $119.69 Car Seats Car Seats $93.06 $15.79 $10.84 $119.69
Bumper / Grill etc. Bumper / Grill etc. $93.06 $15.79 $10.84 $119.69 Passenger Vehicle Tire Passenger Vehicle Tire $93.06 $15.79 $10.84 $119.69 Truck or Tractor Tire Truck or Tractor Tire Price Varies Additional Items
Items under 60 lbs. Items under 60 lbs. $93.06 $15.79 $10.84 $119.69 Items over 60 lbs. Items over 60 lbs. $110.37 Price Varies $11.14 Price Varies Items requiring special handling or disposal Items requiring special handling or disposal $110.37 Price Varies $11.14 Price Varies By Component
Alliance, Hospital & Medical Center New Rates
Alliance
Alliance6 YD 2x/Week $1,004.43 $596.13 $2.99 $163.43 $1,766.98 Hospital
H3YD3 YD 1x/Week $415.74 $149.03 $2.99 $57.46 $625.22
H20Y20 YD Permanent Box/Pull $470.10 $310.54 $79.69 $860.33 By Component
Coopertower's Medical Center New Rates
Coppertower's Medical Center
CMC2x2 2 Yd 2 x Week $346.98 $292.66 $4.44 $65.05 $709.13 Coppertower's Medical Center
CMC96G1 - 96 Gal Cart 1 x Wk (20% Discount) $107.15 $32.08 $4.44 $14.40 $158.07 (1) On-call trash and a la cart recycling and organics services are not available.
Franchise Fee
Component
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Submitted: August 1, 2024 Page 6 of 10
Attachment A
39 1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com Introduction
R3 Consulting Group, Inc. (R3) was engaged by the City of Cloverdale (City) to review Recology Sonoma Marin’s (Recology’s) request for an annual adjustment to solid waste service rates charged by Recology to solid waste service ratepayers in the City. This memorandum presents the findings of our review of Recology’s request. Attachment A contains Recology’s requested adjustments to solid waste service rates effective September 1, 2024.
Summary of Findings
R3 reviewed Recology’s request for adjustments to solid waste service rates solid waste, including an original application submitted by Recology on July 1, 2024 and supporting documentation. R3’s review identified necessary revisions, which were subsequently made by Recology and submitted in a revised rate adjustment application on August 1, 2024.
The original documentation submitted by Recology incorrectly reflected an 8% step increase, which is in addition to the normal annual adjustments pursuant to the Franchise Agreement (Agreement) between the City and Recology. Though such step increases were authorized by the City Council on August 24, 2022 as part of that year’s special rate review, R3 confirmed with the City and Recology that the correct step increase for the forthcoming rate year, effective September 1, 2024, is 5%. Additionally, R3 identified minor adjustments to other components which were reviewed and confirmed with Recology.
Recology resubmitted its application reflecting this correction on August 1, 2024. R3 reviewed the revised solid waste rate adjustment application and has confirmed the accuracy of the revised calculations. Based on the results, solid waste rates in the City are requested by Recology to be adjusted per the below:
Residential solid waste rates adjustments between 6.04% to 9.84%, depending on the cart size.
Commercial solid waste rates adjustments between 8.41% to 10.41%, depending on the bin size.
Background
The City contracts with Recology for solid waste utility services, including collection, disposal, recycling and composting of residential and commercial garbage, recycling, and compostable materials. Recology collects the material and hauls it to Recology’s Material Recycling Facility, Cold Creek Compost, for processing, and Central Landfill for disposal. The solid waste service rates that City solid waste ratepayers pay for solid waste services are authorized by the City through a methodology and timeline as outlined in the Agreement.
Annual Rate Adjustments
Section 6.5 of the Agreement provides for annual adjustment to the solid waste service rates that solid waste ratepayers are charged by Recology. This adjustment is carried forth to account for multiple factors, which include, but are not limited to, changes in the market, changes in the disposal tipping fees, changes in compostable tipping fees, changes in the cost of operations, and/or changes in the services being provided by the hauler to the City and its residents.
To: Mr. David Kelley, City of Cloverdale
From: Libby Costello and Alex Soulard, R3 Consulting Group Date: August 13, 2024
Subject: Annual Adjustments to Recology Solid Waste Service Rates 40 City of Cloverdale
The City’s solid waste rate structure has five separate components that make up solid waste rates. These components are:
1. The Collection Component (adjusted by the “Refuse Rate Index” or “RRI”)
2. The Disposal Fee Component
3. The Compostable Materials Processing Fee Component
4. The Retroactive Rate Pass-Through Element
5. The Franchise Fee Component
The five component costs are added together to result in the total solid waste rate. The calculated adjustments to these components are summarized below.
Collection Component
The collection component is calculated using the RRI adjustment methodology outlined in Exhibit D of the Agreement between the City and Recology. Exhibit D explains that there are five cost categories which makeup the RRI calculation. These categories are: “Labor”, “Fuel”, “Vehicle Replacement”, “Vehicle Maintenance”, and “All Other”. These categories have index values provided by the Bureau of Labor Statistics (BLS) or U.S. Energy Information Administration (EIA). Exhibit D of the Agreement specifies that the twelve-month time period, of which the BLS indices for each cost category are taken from, use the most recent annual BLS index values.
The percentage change of these monthly, or quarterly, index values are calculated and multiplied against the weighted percentage of each of the dollar amount reported by Recology for each cost category. These calculated values are then added together, resulting in the RRI adjustment value. This percentage is then applied to the collection component of the solid waste rate schedule to produce the updated collection component cost.
Upon review, R3 concluded that Recology accurately calculated the index adjustments. Recology factored in their financial information, which was divided up by Operating Cost Category. This resulted in an RRI adjustment factor of 3.25%. The breakdown of the cost categories and Index values are found in Table 1, below, which breaks down the collection component cost categories with the overall adjustment totaling
3.25% adjustment.
Table 1: Cost Categories and Index Values
Cost Category
2023-24 Adjustment
AFS FY 23
Operating
Category Total
Weighted % of
Annual Total
Index Percent
Change
Weighted
Adjustment %
Labor Index $704,299 48.57% 4.48% 2.17%
Fuel Index $132,311 9.12% -11.22% -1.02%
Vehicle Replacement Index $140,255 9.67% 7.41% 0.72%
Vehicle Maintenance Index $82,968 5.72% 4.80% 0.27%
All Other $390,330 26.92% 4.12% 1.11%
Collection
Component
Adjustment
3.25%
41 City of Cloverdale
Disposal (Tipping Fee) Component
The Disposal Fee component is taken directly from the disposal tipping fee at the Central Landfill. This disposal tipping fee is multiplied against a “Fee Generation Factor”, which is a value predetermined in the Agreement and does not change. The landfill tipping fees increased from the April 2023 per ton rate of $155.47 to $164.92 per ton, which became effective on April 1, 2024. This represents a 6.08% adjustment over the current disposal fee component.
Compostable Materials Processing Fee Component
The Compostable Materials Processing Fee component is taken directly from the compostable materials processing fee at the designated processing facility. This compostable materials processing fee is multiplied against a “Fee Generation Factor”, which is a predetermined fixed value in the Agreement.
The compostable materials processing fee increased from the April 2023 per ton rate of $106.84 to $116.08 per ton, which became effective on April 1, 2024. This represents a 8.65% adjustment over the current compostable materials processing fee component. This is applied to the compostable materials processing fee component to calculate the updated compostable materials processing fee component cost.
Retroactive Rate Pass Through Element
The garbage tipping fee and compostable materials processing tipping fees are adjusted by the County on April 1st of each year, while the Agreement has annual adjustments to the City’s solid waste service rates for City solid waste ratepayers on September 1st of the year. This timing difference causes Recology to accrue tipping fee costs that are not covered by the solid waste rates during that five-month gap. The solid waste rate adjustment methodology in the Agreement accounts for this timing difference.
This is calculated by taking the difference in the previous components and the current components and multiplying that by a factor of five. This represents the accumulated cost of the components over a fivemonth period, which is the time discrepancy between the tipping fee adjustments (April 1, 2024) and the solid waste rate adjustment (September 1, 2024). The accumulated cost was then divided by 12, which effectively spreads the cost out over a twelve-month period.
Franchise Fee Component
Continuing with the prior City Council decision to amend the franchise fee methodology, the franchise fee component of the solid waste service rates was calculated as a flat fee with an annual CPI adjustment (previously, a percentage-based calculation), as authorized by City Council on August 24, 2022. After a review of Recology’s original rate adjustment application, R3 identified minor adjustments to the franchise fee calculation for FY 24/25 based on City Council action. R3 communicated these findings to Recology and Recology confirmed these adjustments and resubmitted their proposal on August 1, 2024, reflecting corrected figures. Recology’s revised rate adjustment application correctly includes franchise fees adjusted by CPI in the amount 3.0% for the forthcoming fiscal year, starting September 1, 2024.
SB 1383 Costs 3 Year Phase In
On August 24, 2022 the City Council authorized a fifteen year extension to the Agreement, through December 31, 2040, which included a 4 year phase in of step increases associated with SB 1383 Costs.
The authorized step increases were 10% effective September 1, 2023, an additional 5% effective September 1, 2024, and an additional 1.88% effective September 1, 2025. Per the Agreement, these step increases are in addition to the normal annual solid waste rate adjustments per Section 6.5.
The step increases cover costs associated with providing SB 1383 compliant organics collection and diversion program. These costs include purchase of additional bins and carts, shared cost for trucks to 42 City of Cloverdale
provide service to those additional bins and carts for commercial solid waste ratepayers that did not previously subscribe to organic waste service, and increased costs of labor, processing fees for organic materials, outreach materials to address contamination issues, and the incremental cost of the current food waste program.
Findings
Table 2, below, is a comparison between the FY 2023/24 solid waste service rates and Recology’s requested FY 2024/25 solid waste service rates.
Subscription Size FY 23/24 Rates FY 24/25 Rates Rate Difference Percentage Difference
20 Gallon $29.63 $32.55 $2.92 9.8%
32 Gallon $40.75 $44.61 $3.86 9.5%
64 Gallon $64.13 $70.03 $5.90 9.2%
96 Gallon $82.86 $90.51 $7.65 9.2%
1.5 CY 1/week $336.53 $368.62 $32.09 9.5%
1.5 CY 3/week $827.83 $908.28 $80.45 9.7%
3 CY 1/week $520.08 $571.14 $51.06 9.8%
6 CY 1/week $886.16 $975.07 $88.91 10.0%
Attachment A contains the solid waste rate sheet as calculated in accordance with the Agreement.
Recommendations
In summary, after R3’s review and revision by Recology, Recology’s application for adjustment to solid waste service rates was found to follow the methodology correctly and accurately calculated the new September 1, 2024 – August 31, 2025 solid waste rates. R3 recommends City authorization of the solid waste rates included in Recology’s revised application for rate adjustment. 43 July 1, 2024
Revised: August 2, 2024
Mr. David Kelley
City Manager
City of Cloverdale
124 North Cloverdale Blvd.
Cloverdale, CA 95425
Dear Mr. Kelley,
As set forth in Section 6.5 of the Franchise Agreement, please find attached the proposed adjustments to Recology Sonoma Marin (RSM) service rates using the refuse rate index (RRI) for rates effective September 1, 2024 through August 30, 2025, as well as the appropriate supporting information.
In addition to RRI adjustments, per Section 6.7 of the second amendment to the Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Between the City of Cloverdale and Recology Sonoma Marin, the rates effective September 1, 2024 include a step increase. This submission assumes a step rate increase of 5% effective September 1, 2024, in addition to the increase otherwise required by the RRI methodology. As discussed with R3 and the City, Recology acknowledges that the 2nd Amendment to the Franchise Agreement incorrectly lists the step increase effective September 1, 2024 as 8% rather than 5%. Since the Franchise Agreement allows Recology to charge less than the Maximum Rates, we believe the issue can be resolved by Recology opting to charge customers less than legally allowed – in other words, Recology would charge customers rates calculated based on a 5% step increase, rather than 8%, for the period September 1, 2024 to August 30, 2025. If the City agrees with this approach, we would be happy to prepare a letter documenting this mutual understanding.
The submission packet includes: the Fiscal Year 2023 Audited Financial Statement and an Excel to aid the City and Consultants with evaluation of RRI submission. Please note the RRI index values have been updated in the resubmission to reflect the latest available as of July 31, 2024. These updates resulted in a 0.01% reduction in the RRI, as well as a 0.01% reduction in the franchise fee increase.
Please contact me or Nikki Burke at 707-480-9384 or [email protected] with any questions.
Sincerely,
Logan Harvey
Senior General Manager
Recology Sonoma Marin
cc: Andy Fulton
Seth Hansen
Nikki Burke
Celia Furber
Attached: Cloverdale Rates RRI 9.1.2024 – Unlinked (SRR Increase 5%) - Submitted 8.1.24.XLSX 44 Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - RRI Calculation Recology - Cloverdale Request for Rate Increase
RRI Calculation and Summary Rates
Rates Effective 9/1/2024
AFS FY23 Operating
Category Total *
Weighted Percent of
Annual Total
Index Percent
Change
Weighted
Adjustment
Percentage
Labor Index $704,299 48.57% 4.48% 2.17%
Fuel Index $132,311 9.12% -11.22% -1.02%
Vehicle Replacement Index $140,255 9.67% 7.41% 0.72%
Vehicle Maintenance Index $82,968 5.72% 4.80% 0.27%
All Other $390,330 26.92% 4.12% 1.11%
Total $1,450,163 100.00% RRI Adjustment 3.25%
Disposal Tipping Fee Change
4/1/2024 $ 164.92 % Increase 6.1%
4/1/2023 155.47
Total Disposal Component Increase 6.1%
Compostable Processing Fee Change
4/1/2024 $ 116.08
4/1/2023 106.84 Total Disposal Component Increase 8.6%
Retroactive Disposal Fee
(New Disposal Tipping Fee Component - Prior Disposal Tipping Fee Component) X 5/12 Retroactive Compostable Processing Fee
(New Compostable Processing Fee Component - Prior Compostable Processing Fee Component) X 5/12 Summary Table for Key Rates - Effective September 1, 2024 - August 30, 2025 ** Total Rate Effective 9/1/2024
(Including SRR Step 3)
Single Family Residential Cart Collection - Monthly Rate Total Rate
Effective 9/1/2023 9/1/2024
Increase over
9/1/2023
20 Gal $ 29.63 $ 32.55 $ 2.91
32 Gal 40.75 44.61 3.86
64 Gal 64.13 70.03 5.90
96 Gal 82.86 90.51 7.65
Multi-Family and Commercial Collection - Monthly Rate
1.5-CY Bin - 1x/week $ 336.53 $ 368.62 $ 32.09
2-CY Bin - 1x/week 420.21 460.50 40.30
3-CY Bin - 1x/week 520.08 571.14 51.06
4-CY Bin - 1x/week 612.52 673.71 61.19
6-CY Bin - 1x/week 886.16 975.07 88.91
* Based on RSM Audited Financial Statements.
** Rates not currently listed on the table will increase by RRI rate of 9.63%. See Detailed Rate View for more rates.
RRI Index Calculation for Collection Component
Cost Category
2023/2024 Adjustment
Submitted: August 1, 2024 Page 1 of 10 45
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Residential Cart Collection (1)
R2020-Gallon Cart $20.94 $4.22 $4.44 $2.95 $32.55
R3535-Gallon Cart $31.24 $4.90 $4.44 $4.04 $44.61
R6060-Gallon Cart $52.16 $7.09 $4.44 $6.34 $70.03
R9090-Gallon Cart $65.38 $12.50 $4.44 $8.19 $90.51
ROFFR Road Charge* $12.53 $1.24 $13.77
XPUExtra Pick up $17.58 $1.65 $1.91 $21.14
RWALK Carry Charge per Cart** $3.47 $0.35 $3.82
Overflow Charge $0.00 $12.50 $2.05 $14.54
Low Income Discount (20% Discount)
CARE20 20-Gallon Cart $26.04
CARE35 35-Gallon Cart $35.69
CARE60 60-Gallon Cart $56.02
CARE90 90-Gallon Cart $72.41
CAREROFFR Road Charge* $11.02
CARERWALK Carry Charge per Cart** $16.91
Commercial Cart and Bin Collection
1.5 Cubic Yd Bin
C1HYG1 x week $220.98 $109.75 $4.44 $33.44 $368.62
C1HYG2 2 x week $359.06 $219.50 $4.44 $58.21 $641.21
C1HYG3 3 x week $492.12 $329.25 $4.44 $82.48 $908.28
C1HYGXPU Extra Pick-up $91.64 $25.33 $4.44 $12.10 $133.50 2 Cubic Yd Bin
C2YG1 x week $267.94 $146.33 $4.44 $41.79 $460.50
C2YG22 x week $429.57 $292.66 $4.44 $72.58 $799.26
C2YG33 x week $592.00 $439.00 $4.44 $103.45 $1,138.88
C2YGXPU Extra Pick-up $111.63 $33.77 $4.44 $14.93 $164.77 3 Cubic Yd Bin
C3YG1 x week $295.32 $219.50 $4.44 $51.88 $571.14
C3YG22 x week $487.58 $439.00 $4.44 $93.08 $1,024.09
C3YGXPU Extra Pick-up $128.12 $50.66 $4.44 $18.27 $201.49 4 Cubic Yd Bin
C4YG1 x week $315.38 $292.66 $4.44 $61.24 $673.71
C4YG22 x week $491.39 $585.33 $4.44 $108.18 $1,189.34
C4YG33 x week $653.03 $877.99 $4.44 $153.71 $1,689.17
C4YGXPU Extra Pick-up $139.69 $67.54 $4.44 $21.12 $232.79 6 Cubic Yd Bin
C6YG1 x week $442.99 $439.00 $4.44 $88.65 $975.07
C6YG22 x week $546.56 $877.99 $4.44 $143.13 $1,572.12
C6YGXPU Extra Pick-up $185.98 $101.31 $4.44 $29.12 $320.85 Carts
C35 1 - 35 Gal Cart 1xw $44.30 $10.13 $4.44 $5.86 $64.73 C64 1 - 64 Gal Cart 1xw $87.95 $21.95 $4.44 $11.39 $125.73 C96 1 - 96 Gal Cart 1xw $133.43 $32.08 $4.44 $16.93 $186.88 CXPUExtra Pick-up $23.89 $4.44 $2.81 $31.14
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Submitted: August 1, 2024 Page 2 of 10 46
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Commercial Solid Waste Compactor Special Services
CPUSHBackyard Charge $62.40 $6.20 $68.60
CWKBNSideyard for Fee Service $62.40 $6.20 $68.60
KEY Key Charges (1) $25.00 $2.48 $27.48
ENCLOSURE Enclosure Charges (2) $62.40 $6.20 $68.60
GATEGate Service Charges (3) $25.00 $2.48 $27.48
LONGLong Walk Charge (4) $62.40 $6.20 $68.60
COMMERCIAL OVERAGE Commercial Overage per Cubic Yard $89.57 $16.89 $10.60 $117.06 CLEAN UP 4 yd Cleanup Bin (3 days) $351.81 $67.54 $41.75 $461.11 Trip Charge $201.48 $20.02 $221.50
Compactor Cleaning $604.44 $60.06 $664.50
Monthly Rental $201.48 $20.02 $221.50
Daily Rental (<= 7 days, then monthly) $28.78 $2.86 $31.64 Contaminated Recycle, yard waste or food scrap:
CONTAMCART Cart $44.64 $4.44 $49.08
CONTAMBIN Bin (plus $0 per yard) $44.64 $4.44 $49.08
FOR Cleaning Fee for food scrap Bin/Cart in excess of 1 per year $111.55 $11.08 $122.64 REPLACECART Replacement Cart after 1/year $174.00 $17.29 $191.29 REPLACEBIN Replacement Bin after 1/year $294.47 $29.26 $323.73 RETURNSame day return trip for Bin/Cart blocked or not at curb $36.81 $3.66 $40.47 CLOSEDACCT Fee to reinstate account closed for nonpayment $55.74 $5.54 $61.28 ADDLYWAdd'l Recycle or Yard Waste Cart (after 2) $36.81 $3.66 $40.47 Submitted: August 1, 2024 Page 3 of 10 47
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Commercial Solid Waste Debris Box Service:
20Y 20 yard or less $478.47 $337.72 $81.53 $897.72
30Y 30 yard & 40 yard $540.87 $337.72 $87.73 $966.32
MSWDISP Disposal per ton over 2 tons $0.00 $168.86 $19.85 $188.71 C&D Debris Box containing >10% recyclables (2 tons charged when delivered; excess billed) 20YCD20 yard or less $478.47 $337.72 $81.53 $897.72
30YCD30 yard & 40 yard $540.87 $337.72 $87.73 $966.32
Wood (disposal billed separately @ $130.43 per ton based on tag 20YW20 yard or less $259.67 $25.80 $285.47
30YW30 yard & 40 yard $286.60 $28.48 $315.07
20YB20 yard or less $259.67 $25.80 $285.47
30YB30 yard & 40 yard $286.60 $28.48 $315.07
Recycling
20YR20 yard or less $286.60 $28.48 $315.07
30YR30 yard & 40 yard $286.60 $28.48 $315.07
Dirt - half-full box allowed (disposal billed separately @ $7.57 per ton based on tag) 20YD20 yard or less $573.19 $56.95 $630.14
Concrete - half-full box allowed (disposal billed separately @ $29.92 per ton based on tag) 20YCT20 yard or less $286.60 $28.48 $315.07
Compactor MSW Solid Waste Compactors
3YCMP3 yard once/week $504.58 $416.59 $83.95 $100.41 $1,105.53 3YCMP2 3 yard twice/week $1,009.00 $833.18 $167.90 $200.81 $2,210.89 3YCMP3 3 yard three times/week $1,511.38 $1,249.77 $251.85 $301.00 $3,313.99 Other sized compactors (disposal billed separately @ $188.73 per tag) 20YCMP 20 yard or less compactor $499.25 $49.60 $548.85 25YCMP 25 yard compactor $624.05 $62.00 $686.05
30YCMP 30 yard compactor $748.86 $74.40 $823.26
Brush (disposal billed separately @ $130.43 per ton based on tag) Submitted: August 1, 2024 Page 4 of 10 48
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Furniture
Twin Twin $100.40 $39.46 $13.95 $153.81
Double / Full Doube / Full $100.40 $39.46 $13.95 $153.81 QueenQueen $100.40 $39.46 $13.95 $153.81
King King $100.40 $39.46 $13.95 $153.81
Bed Frame Bed Frame $93.06 $15.79 $10.84 $119.69
Couch (under 6 feet) Couch (under 6 feet) $93.06 $15.79 $10.84 $119.69 Upholstered Chairs Upholstered Chairs $93.06 $15.79 $10.84 $119.69 Wooden Chairs Wooden Chairs $93.06 $15.79 $10.84 $119.69 Dinette Tables Dinette Tables $93.06 $15.79 $10.84 $119.69 Household
Rug (9x12) Rug (9x12) $93.06 $15.79 $10.84 $119.69
VacuumVacuum $93.06 $15.79 $10.84 $119.69
Appliances
Water Heater - up to 100 gallon Water Heater - up to 100 gallon $93.06 $15.79 $10.84 $119.69 Oven Oven $95.51 $23.67 $11.87 $131.05
Oven (stove top) Oven (stove top) $95.51 $23.67 $11.87 $131.05 Oven (stove unit) Oven (stove unit) $95.51 $23.67 $11.87 $131.05 Microwave Microwave $93.06 $15.79 $10.84 $119.69
Garbage Compactor Garbage Compactor $93.06 $15.79 $10.84 $119.69 Refrigerator Refrigerator $126.11 $15.79 $14.12 $156.02 FreezerFreezer $100.40 $39.46 $13.95 $153.81
Add'l charge for Freon $57.24 $6.67 $63.91
Air Conditioner Air Conditioner $100.40 $39.46 $13.95 $153.81 Washing Machine Washing Machine $95.51 $23.67 $11.87 $131.05 Dryer Dryer $95.51 $23.67 $11.87 $131.05
Building Materials
Household Doors Household Doors $93.06 $15.79 $10.84 $119.69 Sink Sink $93.06 $15.79 $10.84 $119.69
ToiletsToilets $93.06 $15.79 $10.84 $119.69
Windows (less than 3' by 4' only) Windows (less than 3' by 4' only) $93.06 $15.79 $10.84 $119.69 Windows larger than 3x4 Windows larger than 3x4 $139.61 $15.79 $15.46 $170.86 Yard & Garden
Gas Mower (must be drained of gas & oil) Gas Mower (must be drained of gas & oil) $93.06 $15.79 $10.84 $119.69 BBQ BBQ $93.06 $15.79 $10.84 $119.69
Ping Pong Table Ping Pong Table $93.06 $15.79 $10.84 $119.69 Exercise Bike Exercise Bike $93.06 $15.79 $10.84 $119.69 Swing Sets Swing Sets $93.06 $15.79 $10.84 $119.69
Bike Bike $93.06 $15.79 $10.84 $119.69
Submitted: August 1, 2024 Page 5 of 10 49
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Cloverdale Rates Recology - Cloverdale Request for Rate Increase
Rate Table
Rates Effective 9/1/2024
Tipping Fee 2023 $155.47 % Change in
Tipping Fee 2024 $164.92 6.08%
Compostable Tipping Fee 2023 $106.84 % Change in
Compostable Tipping Fee 2024 $116.08 8.65%
New Rate Effective 9/1/2024
City of Cloverdale By Component
Attachment B- Customer Rates
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Electronics
Computer Monitor or Computer Tower/CPU Computer Monitor or Computer Tower/CPU $93.06 $15.79 $10.84 $119.69 Television Television $93.06 $15.79 $10.84 $119.69
Large Screen Television Large Screen Television $115.42 $15.49 $13.03 $143.93 Console Television Console Television $115.42 $15.49 $13.03 $143.93 Stereo Equipment Stereo Equipment $93.39 $15.49 $10.84 $119.72 VCR/Home Entertainment VCR/Home Entertainment $93.39 $15.49 $10.84 $119.72 Printer / Fax Printer / Fax $93.39 $15.49 $10.84 $119.72 Copier (table top) Copier (table top) $93.39 $15.49 $10.84 $119.72 Copier (small stand alone) Copier (small stand alone) $127.23 $116.18 $24.34 $267.74 Oversize Office Equipment Oversize Office Equipment Price Varies Car Parts
Engine Block (completely drained of fluids) Engine Block (completely drained of fluids) $93.06 $15.79 $10.84 $119.69 Car Seats Car Seats $93.06 $15.79 $10.84 $119.69
Bumper / Grill etc. Bumper / Grill etc. $93.06 $15.79 $10.84 $119.69 Passenger Vehicle Tire Passenger Vehicle Tire $93.06 $15.79 $10.84 $119.69 Truck or Tractor Tire Truck or Tractor Tire Price Varies Additional Items
Items under 60 lbs. Items under 60 lbs. $93.06 $15.79 $10.84 $119.69 Items over 60 lbs. Items over 60 lbs. $110.37 Price Varies $11.14 Price Varies Items requiring special handling or disposal Items requiring special handling or disposal $110.37 Price Varies $11.14 Price Varies By Component
Alliance, Hospital & Medical Center New Rates
Alliance
Alliance6 YD 2x/Week $1,004.43 $596.13 $2.99 $163.43 $1,766.98 Hospital
H3YD3 YD 1x/Week $415.74 $149.03 $2.99 $57.46 $625.22
H20Y20 YD Permanent Box/Pull $470.10 $310.54 $79.69 $860.33 By Component
Coopertower's Medical Center New Rates
Coppertower's Medical Center
CMC2x2 2 Yd 2 x Week $346.98 $292.66 $4.44 $65.05 $709.13 Coppertower's Medical Center
CMC96G1 - 96 Gal Cart 1 x Wk (20% Discount) $107.15 $32.08 $4.44 $14.40 $158.07 (1) On-call trash and a la cart recycling and organics services are not available.
Franchise Fee
Component
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Franchise Fee
Component
Total Rate
Effective
9/1/2024
Collection
Component
Disposal
Component
Compostable
Component
Submitted: August 1, 2024 Page 6 of 10 50
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - FF CPI Adjustment
Date
CPI %
Increase
Annual
Franchise
Fee (1)
Monthly
Franchise
Fee (2)
Commencement 12/1/2022 $ 235,000 $ 19,583
9/1/2023 4.8% 246,289 20,524
Current Year 9/1/2024 3.0% 253,748 21,146
(1) Per the Second Amendment of the Franchise Agreement, the Franchise Fee increases annually by CPI. (2) Effective December 1, 2022.
Recology - Cloverdale Request for Rate Increase
Franchise Fees
Rates Effective 9/1/2024
Submitted: August 1, 2024 Page 7 of 1051
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Adjustment Indices Data Input Recology - Cloverdale Request for Rate Increase
Index Values
Rates Effective 9/1/2024
Table 1: Recology Cost Category Data Input
Annual Amount % of Total Annual Amount % of Total Annual Amount % of Total Annual Amount % of Total Annual Amount % of Total 2018 Q1 $173,203 44.71% $63,053 16.28% $7,914 2.04% $29,126 7.52% $114,090 29.45% $387,386 n/a n/a 2018 $346,641 44.23% $54,870 7.00% $85,945 10.97% $37,734 4.81% $258,597 32.99% $783,787 $ 396,401 102.33% FY18 (12/23/2017 to 9/30/2018) 2019 $584,445 44.89% $81,568 6.27% $188,813 14.50% $65,035 5.00% $382,102 29.35% $1,301,963 $ 518,177 66.11% 2020 $625,682 43.12% $76,696 5.29% $140,255 9.67% $45,754 3.15% $562,732 38.78% $1,451,119 $ 149,155 11.46% 2021 $607,120 44.62% $87,777 6.45% $101,277 7.44% $54,611 4.01% $509,935 37.48% $1,360,719 $ (90,399) -6.23% 2022 $614,779 38.85% $134,873 8.52% $156,116 9.87% $62,235 3.93% $614,458 38.83% $1,582,461 $ 221,741 16.30% 2023 $704,299 48.57% $132,311 9.12% $140,255 9.67% $82,968 5.72% $390,330 26.92% $1,450,163 $ (132,298) -8.36% As of 7/31/24 2024 #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! $0 $ (1,450,163) -100.00% Table 2: Labor Cost Index
Series ID: Series Title:
2016 125.9 126.6 127.3 127.8 507.6 n/a n/a
2017 128.8 129.6 130.5 131.2 520.1 12.5 2.46%
2018 132.5 133.4 134.5 135.4 535.8 15.7 3.02%
2019 136.2 137.0 138.0 138.9 550.1 14.3 2.67%
2020 140.0 140.6 141.4 142.6 564.6 14.5 2.64%
2021 144.2 145.2 147.4 149.0 585.8 21.2 3.75%
2022 151.2 153.4 155.1 156.9 616.6 30.8 5.26%
2023 158.6 160.3 161.9 163.4 644.2 27.6 4.48% As of 7/31/24 2024 165.2 166.7 331.9 -312.3 -48.48%
Table 3: Fuel Index
Series ID: Series Title:
2016 2.526 2.335 2.387 2.459 2.636 2.782 2.785 2.722 2.749 2.817 2.820 2.851 31.869 n/a n/a 2017 2.932 2.957 2.935 2.938 2.922 2.895 2.876 2.959 3.168 3.172 3.587 3.559 36.900 5.031 15.79% 2018 3.639 3.680 3.654 3.773 3.941 3.982 3.957 3.940 3.973 4.086 4.018 3.858 46.501 9.601 26.02% 2019 3.753 3.734 3.789 3.953 4.128 4.035 3.949 3.906 3.923 3.985 4.003 3.902 47.060 0.559 1.20% 2020 3.873 3.787 3.601 3.283 3.182 3.216 3.254 3.263 3.259 3.246 3.250 3.356 40.570 -6.490 -13.79% 2021 3.439 3.607 3.931 3.980 4.024 4.095 4.195 4.291 4.324 4.481 4.745 4.776 49.888 9.318 22.97% 2022 4.803 5.018 6.133 6.260 6.479 6.874 6.587 6.123 6.149 6.330 6.121 5.558 72.435 22.547 45.20% 2023 5.467 5.423 5.263 4.990 4.842 4.760 4.907 5.518 6.043 6.094 5.684 5.320 64.311 -8.124 -11.22% As of 7/31/24 2024 5.130 5.214 5.216 5.239 5.078 4.927 4.901 35.705 -28.606 -44.48% Table 5: Vehicle Replacement Index
Series ID: Series Title:
2016 236.3 236.8 236.9 237.1 237.1 237.3 237.7 237.9 237.9 237.9 238.2 238.3 2849.4 n/a n/a 2017 238.4 238.4 238.7 239.0 239.3 239.5 240.2 240.4 240.6 240.6 240.7 241.0 2876.8 27.4 0.96% 2018 241.9 242.5 243.1 244.1 244.6 245.4 246.3 247.4 248.1 249.3 250.2 250.4 2953.3 76.5 2.66% 2019 253.5 254.5 255.5 255.4 255.5 257.6 258.3 258.4 259.0 259.3 259.3 259.4 3085.7 132.4 4.48% 2020 258.4 258.5 258.8 258.8 259.5 259.5 260.5 260.9 262.8 262.9 263.0 263.8 3127.4 41.7 1.35% 2021 264.6 266.8 267.2 267.9 269.1 272.3 276.5 279.2 280.6 283.3 283.6 284.4 3295.5 168.1 5.37% 2022 293.0 296.7 297.9 303.8 316.0 318.5 319.5 321.9 323.2 327.5 327.6 327.9 3773.7 478.2 14.51% 2023 330.9 333.2 334.8 336.4 336.7 337.0 338.4 338.6 338.9 342.1 342.2 344.2 4053.3 279.6 7.41% As of 7/31/24 2024 346.7 346.8 348.0 348.4 345.7 345.9 2081.441 -1971.896 -48.65% Table 6: Vehicle Maintenance Index
Series ID: Series Title:
2016 258.5 258.5 259.1 257.9 258.5 258.6 258.6 258.6 258.9 258.9 259.3 259.3 3104.7 n/a n/a 2017 259.9 259.8 259.8 260.3 260.4 263.4 263.6 263.6 263.6 263.6 263.6 264.0 3145.6 40.9 1.32% 2018 260.2 260.4 260.8 259.5 260.8 260.8 267.0 269.5 271.3 273.2 271.8 271.8 3187.1 41.5 1.32% 2019 275.2 275.2 275.2 275.2 275.2 275.6 276.4 281.0 281.0 274.7 275.5 275.5 3315.7 128.6 4.04% 2020 275.3 277.2 277.7 277.0 275.0 275.0 275.0 275.0 276.8 277.3 277.3 277.7 3316.3 0.6 0.02% 2021 278.8 279.3 280.2 284.8 294.7 314.8 318.4 318.4 318.9 324.4 324.8 328.9 3666.3 350.0 10.55% 2022 328.8 332.7 338.9 342.8 344.5 344.5 344.5 344.6 345.8 345.9 345.9 345.9 4104.7 438.5 11.96% 2023 355.9 357.0 357.0 356.6 357.4 357.4 357.5 357.5 358.9 358.9 363.8 363.8 4301.6 196.9 4.80% As of 7/31/24 2024 364.3 364.3 364.3 364.3 364.3 364.3 2185.7 -2116.0 -49.19% Table 7: All Other Index
Series ID: Series Title:
2016 236.916 237.111 238.132 239.261 240.229 241.018 240.628 240.849 241.428 241.729 241.353 241.432 2880.086 n/a n/a 2017 242.839 243.603 243.801 244.524 244.733 244.955 244.786 245.519 246.819 246.663 246.669 246.524 2941.435 61.349 2.13% 2018 247.867 248.991 249.554 250.546 251.588 251.989 252.006 252.146 252.439 252.885 252.038 251.233 3013.282 71.847 2.44% 2019 251.712 252.776 254.202 255.548 256.092 256.143 256.571 256.558 256.759 257.346 257.208 256.974 3067.889 54.607 1.81% 2020 257.971 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.280 260.388 260.229 260.474 3105.734 37.845 1.23% 2021 261.582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.310 276.589 277.948 278.802 3251.637 145.903 4.70% 2022 281.148 283.716 287.504 289.109 292.296 296.311 296.276 296.171 296.808 298.012 297.711 296.797 3511.859 260.222 8.00% 2023 299.17 300.84 301.836 303.363 304.127 305.109 305.691 307.026 307.789 307.671 307.051 306.746 3656.419 144.56 4.12% As of 7/31/24 2024 308.417 310.326 312.332 313.548 314.069 314.175 1872.867 -1783.552 -48.78% All Other Costs Annual Total Diff. from Prior
Year
Index Percent
Change
cis201s000000000i Service-Producing Industries
Fiscal Year
Labor Cost Fuel Cost Vehicle Replacement Cost Vehicle Maintenance Cost Diff. from Prior
Year
Index Percent
Change
Diesel Fuel Index California No 2 Diesel Ultra Low Sulfur (0-15 ppm) Fiscal Year
January February March April May
Fiscal Year
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Annual Total
Index Percent
Change
June July August September October November December Annual Total Difference from Prior Year
April May
pcu336211336211 Truck, bus, car and other vehicle bodies, for sale separately Index Percent
Change
Fiscal Year
January February March April May
December Annual Total Difference from
Fiscal Year Prior Year
December Annual Total Difference from
Prior Year
pcu3339243339243 Parts and attachments for Industrial work trucks January February March June July August September October November Index Percent
Change
June July August September October November
Index Percent
Change
cuur0000sa0 Not Seasonally Adjusted, All Items, All Urban Consumers (CPI-U) for All US City average June July August September October November
Fiscal Year
January February March April May December Annual Total Difference from Prior Year
Submitted: August 1, 2024 Page 8 of 10 52
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - RRI Financials Recology - Cloverdale Request for Rate Increase
RRI Financials-Audited Financial Statement FY2023
Rates Effective 9/1/2024
Total Expenses AFS FY23 Categorized Expenses AFS FY23 % of Total Payroll & Related $ 704,299 Labor $ 704,299 48.57%
Liability Insurance 39,034 Fuel 132,311 9.12%
Disposal (MSW & Organics) 752,862 Replacement 140,255 9.67% 159,223 Maintenance 82,968 5.72%
Rent & lease 291 Other 390,330 26.92%
Supplies 20,609 $ 1,450,163
Repairs & Maintenance 82,968
Fuel & Oil 132,311 Costs Not Included:
Buildings & Facilities 4,414 Disposal (MSW & Organics) 752,862 Licenses & Permits 9,261 Recycling & COGS -
Utilities 1,878 Amortization & Gain/(Loss) 71,811
Freight 2,325 Total Expenses $ 2,274,836
Recycling & COGS -
Bad Debt 8,673
Professional Services 5,201
Travel, meals & entertainment 724
Office expenses 15,666
Taxes 7,129
Regional Allocations 39,959
Corporate Allocations 63,539
Other Operating Expenses 12,707
Depreciation & Depletion 23,487
Amortization 71,811
(Gain)/loss on sale (301)
I/C equipment & property 116,768
Total Expenses $ 2,274,836
Recycling Processing Fee
Submitted: August 1, 2024 Page 9 of 10 53
Cloverdale Rates RRI 9.1.2024 - Unlinked (SRR Increase 5%) - Submitted 8.1.24 - Truck List 2024 Recology - Cloverdale Request for Rate Increase
Truck List
Rates Effective 9/1/2024
Veh # Lic # VIN Description
Gross
Vehicle
Max
Replacement
Schedule
13670 52647G3 5VCACDAF4NC235760 22 AUTOCAR CHASSIS 62,000 est. 2032 13671 52648G3 5VCACDAF6NC235761 22 AUTOCAR CHASSIS 62,000 est. 2032 11568 50474X2 5VCACLAF1NC235502 22 AUTOCAR CHASSIS 66,800 est. 2032 RO, sweeper, stakebed and other utility trucks are used from fleet, as necessary.
Back up trucks fill in for primary trucks, as needed.
Submitted: August 1, 2024 Page 10 of 10 54
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
I.2
August 28, 2024
Agenda Section:
New Business
Staff Contact:
Mike Maloney, City Clerk
Agenda Item Title:
Designation of the City of Cloverdale’s Voting Delegate, and potential alternate delegate, for the 2024 League of California Cities Annual Conference.
_______________________________________________________________________________________ Recommended Council Action(s):
Designate the City’s voting delegate for the League of California Cities 2024 Annual Conference and Expo scheduled for October 16-18, 2024 and authorize the City Clerk to submit the 2024 Voting Delegates through the League of California Cities online submission portal by Wednesday September 25, 2024. ________________________________________________________________________________________ Background:
The City of Cloverdale is a member of the League of California Cities (“League”). Founded in 1898, the League is an association of California city officials who work together so that they may influence policy decisions that affect cities. The League provides legislative and ballot measure advocacy, legal advocacy, education, and advocates to defend and expand local control in the Legislature, at the ballot box and in the courts and through strategic outreach to the public, policymakers and opinion leaders. The League of California Cities Annual Conference & Expo is an important event for city officials to learn and collaborate on solutions to common challenges.
Each year, the League holds a conference at which delegates from across the State come together to enhance their knowledge and skills, exchange information, and combined resources. Cal Cities 2024 Annual Conference & Expo is scheduled to be held October 16-18, 2024 in Long Beach at the Long Beach Convention Center.
________________________________________________________________________________________ Summary:
Cal Cities (League) requires the names of each jurisdiction’s delegate and alternate by no later than Wednesday, September 25, 2024 in order to allow the League’s office to establish voting delegate/alternate records prior to the conference. Consistent with the League bylaws, the City’s voting delegate and alternate must be designated by the City Council. The voting delegate and alternate must be registered to attend the conference. At least one must be present at the Business Meeting and in possession of the voting card in order to cast a vote. The Council may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
The purpose of this agenda item is to appoint Cloverdale’s voting delegate for the 2024 League Annual Business Meeting. Cloverdale may appoint one voting delegate and up to two alternate voting delegates.
The Council is not required to have a representative attend the conference. Therefore, in the event that there will be no Council representation during the Annual Conference, no action is required. ________________________________________________________________________________________ 55 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Alternative Options:
None recommended.
________________________________________________________________________________________ Subcommittee Recommendation:
None.
________________________________________________________________________________________ Budget/Financial Impact:
There is no financial impact other than the Travel and Advance ________________________________________________________________________________________ Attachments:
1. Voting Delegate Packet
56 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
57 For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 58 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
59 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 60 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
I.3
August 28, 2024
Agenda Section:
New Business
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Resolution Affirming Support of Farms, Ranches, and Agricultural Operations and Businesses in Cloverdale and Sonoma County and Opposing Measure J
________________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution Entitled, “Resolution Of The City Council Of The City Of Cloverdale Affirming Support Of Farms, Ranches, And Agricultural Operations And Businesses In Cloverdale And Sonoma County And Opposing Measure J On The November 2024 Ballot.”
________________________________________________________________________________________ Background:
A coalition of animal rights activists and others, including a Berkeley-based group called Direct Action Everywhere, some of whose supporters have been arrested and prosecuted for unlawfully trespassing on Cloverdale area-poultry farms and entering production facilities, have qualified an initiative measure entitled Sonoma County Prohibition on Concentrated Animal Feeding Operations, designated as Measure J.
Measure J (2024) is a ballot measure that will be put before Sonoma County voters on the November 5, 2024 General Election. According to the County of Sonoma’s title and summary (Attachment 2) performed by County Counsel, Measure J, if adopted by the voters, “would amend the Sonoma County Code to phaseout existing and prohibit future Concentrated Animal Feeding Operations (CAFO) in all zoning districts in the unincorporated areas of the County outside of the coastal zone. Existing operations would have three years to phase out operations in violation. It would not apply to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products. It would not apply to a temporary stable of animals during a natural disaster or a declared state of emergency.” Accordingly, Measure J only applies to CAFOs within unincorporated California and not CAFOs within Cloverdale’s jurisdiction. Financial penalties of up to $10,000 per day of violation are possible.
According to the summary, the animals covered under the CAFO regulations include “cattle or cow/calf pairs, mature dairy cattle, veal calves, swine, horses, sheep or lambs, turkeys, chickens, laying hens or broilers, and ducks. CAFOs would be categorized as large, medium, or small, depending on the number and type of confined animals and other factors such as waste disposal systems. A small CAFO is one that is smaller than a medium CAFO and designated by the permitting agency as a significant contributor of pollutants. The proposed ordinance would consider animals confined if stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and when crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more operations could together be considered a CAFO if certain criteria are met.” Measure J would “require registration for existing CAFOs, which would have three years to cease operations. The ordinance would also require the Agricultural Commissioner to establish Best Management Practices to phase-out CAFO operations, developed in collaboration with a California-based humane society and/or a California-based society for the prevention of cruelty to animals. It would require the Agricultural Commissioner to present an annual report on ordinance compliance to the Board of Supervisors at a 61 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Item No. I.3
noticed public meeting. The ordinance would require the Agricultural Commissioner to create a jobretraining program for CAFO workers.” The website1 of Measure J’s proponents lists 21 Sonoma County farms that would be outlawed under Measure J, including 15 poultry farms and 6 dairies, with most of the targeted farms in south Sonoma County in the vicinity of Petaluma. Some Sonoma County families have been operating farms targeted for closure under Measure J for three and four generations, some for more than a century, and the three-year period for farms to close under Measure J would be inadequate for such long term farm operators to recover the value of generations and decades of investment in land management, livestock and animal husbandry, buildings, equipment, vehicles, financing, and other investments, including generations and decades of farming expertise.
A number of County of Sonoma departments and agencies have provided analysis of the effects of Measure J including the following:
• Sonoma County Department of Agriculture/Weights & Measures – “It represents a completely new program that is anticipated to have ongoing expenses reaching or exceeding $1.6 million in county general fund support. It is not eligible for current state funding mechanisms that support the programs and services administered by Agricultural Commissioners in the state2 .”
• Sonoma County Agricultural Preservation and Open Space District – “There is potential that seven of the eight active dairy operations that we have protected could be impacted by this proposed ordinance… Our conservation purpose will not be fully realized if agricultural production is no longer viable on these properties. In addition, Ag+ Open Space has conserved less than 15% of grasslands in Sonoma County. The remaining grasslands are more threatened by subdivision and development when agriculture is no longer possible. Therefore, the proposed ordinance has the potential to increase the threat to the remaining grasslands throughout the county3 .” The Sonoma
County Agricultural Preservation and Open Space District has worked with owners of working farms and ranches throughout Sonoma County, especially those most at risk for conversion to non- agricultural uses, through purchase of conservation easements to preserve the scenic and natural resources of agricultural lands, and has invested approximately $126 million in local sales tax proceeds to conserve more than 90 farms and ranches totaling nearly 60,000 acres, and 16 of the District’s agricultural easements are on dairy land or land that supports dairy operations, and seven of the eight active dairy farms protected by the District could be impacted by Measure J. • Sonoma County Assessor’s Office – “The Assessor does not track the data necessary to identify large or medium CAFOs and, since each property’s base year value is determined individually, the Assessor cannot make a generalized estimate of the impact of value4 .” The Assessor’s office also
1 https://www.endfactoryfarming.vote/cafos#cafo-map 2 https://sonoma-county.legistar.com/View.ashx?M=F&ID=12929388&GUID=83E9C007-9605-4EE3-8270- 43D7DB2EBCD8
3 https://sonoma-county.legistar.com/View.ashx?M=F&ID=12929388&GUID=83E9C007-9605-4EE3-8270- 43D7DB2EBCD8
4 https://sonoma-county.legistar.com/View.ashx?M=F&ID=12929448&GUID=4E82021E-FE2C-4A8C-AA69- 1B1A10EE55D1
62 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Item No. I.3
notes that agricultural properties under a Williamson Act contract typically see reduced assessed values of a minimum of 25% for the agricultural component. Removing property from a Williamson Act contract takes 10 years, whether it is the request of the property owner or for noncompliance. • Economic Development Board – The results of this analysis presented a significant impact to the Sonoma County economy referencing losses in agricultural products ($259 million), reductions in spending through the region ($38 million) in addition to a significant loss of labor income and employment. The findings of the report conclude that for every job lost from the livestock and poultry production sector, we can expect to lose one additional job from the Sonoma County economy.” Attachment 3 contains the Economic Development Board’s analysis which details the number of Medium and Large CAFOs by Supervisor District. The City of Cloverdale is wholly within District 4, which has 2 medium CAFOs and 2 large CAFOs. The analysis contains detail about the economic value of the agricultural operations.”
• County of Sonoma, Human Services Department – “The primary and most predictable impact would be to our Employment and Training Division, which provides services to employers and employees in the community. A secondary and more difficult to predict impact could be to our Economic Assistance Division, where there may be an increased demand for CalFresh and MediCal benefits… In order to provide intensive services to impacted individuals who are likely to seek assistance, Job Link estimates needing additional funding in the amount of $1,496,000. This is based on an assumption of 25% uptake of the total number of affected employees, which would equate to 110 individuals, using our known per person training cost and the cost of employment counselors… If additional funding was not available, it would take 24-30 months for Job Link to serve all affected individuals and would cause displacement of other job seekers in the community in need of Job Link services5
.”
• County of Sonoma, Permit Sonoma – “The proposed ordinance could support County initiatives for improved biodiversity in agricultural and a reduction of some negative environmental impacts such as greenhouse gas emissions however as proposed the definitions would conflict with existing code and stated County objectives. If passed, the proposed ballot initiative to prohibit CAFOs in the unincorporated County could impact County organizational resources, both staffing and fiscal; the local economy and businesses; and agricultural workers and the general public through job loss and food system changes… Business closures and job losses are likely to have disproportionate impacts on low income, immigrant farmworker families. Potential reductions to the supply of locally sourced food products could affect the local food system, including food prices6
.”
The City of Cloverdale has a history steeped in agriculture. Sonoma County and Cloverdale have a rich farming history dating back more than a century, including the growing of citrus, prunes and grape vines. In more recent years, agriculture in Sonoma County has embraced organic farming and specialty produce, supporting farm to table restaurants and numerous farmers’ markets. Furthermore, Sonoma County Dairies 5 https://sonoma-county.legistar.com/View.ashx?M=F&ID=12929416&GUID=63DA4D06-692F-4E28-BB9CDF367E235B75 6 https://sonoma-county.legistar.com/View.ashx?M=F&ID=12929420&GUID=E2D1054C-D725-46F9-A92F676F062AAE44 63 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Item No. I.3
are not considered point source polluters and are regulated by the North Coast and San Francisco Bay Regional Water Quality Control Boards subject to regulations prohibiting pollution and specifying water quality standards dairies must meet.
Again, while Measure J won’t apply directly to CAFOs within Cloverdale, it may have indirect effects on CAFOS within the vicinity of Cloverdale and surrounding unincorporated area. ________________________________________________________________________________________ Summary:
Given the importance of agriculture to Sonoma County and Cloverdale past and present, a Resolution (Attachment 1) of the City Council in opposition to Measure J is recommended to protect the future of agriculture in Sonoma County, and to support Cloverdale areas and the County’s farms, ranches, agricultural operations and support businesses which contribute to our community’s history, culture, economy, job market, self-sufficiency, and resiliency
_______________________________________________________________________________________ Options:
1. Deny Resolution Opposing Measure J; or
2. Provide alternative direction to staff.
________________________________________________________________________________________ Subcommittee Recommendation:
Not Applicable.
________________________________________________________________________________________ Budget/Financial Impact:
Adoption of a letter of opposition to Measure J would have no financial impact. If Measure J is approved by Sonoma County voters, there is expected to be a significant negative financial impact to Sonoma County’s agricultural and support industries, which would reduce sales tax receipts for businesses within Petaluma, which could negatively impact the General Fund.
________________________________________________________________________________________ Attachments:
1. Resolution
2. Measure J Title and Summary
3. Economic Development Board Analysis
4. Measure J Text
64
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. ___-2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AFFIRMING SUPPORT OF FARMS,
RANCHES, AND AGRICULTURAL OPERATIONS AND BUSINESSES IN CLOVERDALE AND SONOMA COUNTY AND OPPOSING MEASURE J ON THE NOVEMBER 2024 BALLOT WHEREAS, Sonoma County and Cloverdale have a rich farming history dating back more than a century, including invention of the artificial incubator in the 1880s, and thriving poultry and dairy farms, with 30,000 cows in the Cloverdale area and production of 3.5 million pounds of butter and 379,776 pounds of cheese annually in 1910, and production of millions of eggs annually in the 1920s, making Cloverdale famous as the “Egg Basket of the World,” with the Cloverdale area hosting in the 1920s the three largest creameries on the west coast, producing over 4 million pounds of butter annually, and WHEREAS, Sonoma County’s agricultural heritage continues to be celebrated annually, from the Cloverdale Butter and Eggs Day and Sonoma-Marin Fair to the Cloverdale Citrus Fair, with numerous other Sonoma County ag and fair events in between; and
WHEREAS, the agricultural sector in Sonoma County and Cloverdale proved resilient during the depression while shifting toward larger farms after World War II; and WHEREAS, modern agriculture in Sonoma County and Cloverdale has embraced organic farming and specialty produce, supporting farm to table restaurants and numerous farmers’ markets, and hosting storied food producers like Clover Sonoma, Strauss Family Creamery, and Cloverdale Poultry, with their Rosie and Rocky Free-range chickens; and
WHEREAS, Sonoma County farming accounts for significant economic activity and food production for the region, with Sonoma County hosting 50 dairies, 84% of them certified organic, milking an average of 350 cows and comprising nearly 41% of California’s certified organic dairies and certified organic mature dairy cattle producing 42.4 Million gallons of milk annually valued at $114 million, with Sonoma County producing 13% of the national volume of organic milk in 2022, and annual values produced of almost $33 million in poultry, $30 million in eggs, $20 million in cattle and calves, and $5 million in sheep, with livestock and poultry production alone responsible for $418 million in total output, $80 million in labor income and almost 1,400 jobs annually; and
WHEREAS, Sonoma County dairies currently graze over 45,000 acres and farm 8,100 acres, managing over 53,000 acres, and lands managed by dairies sequester almost 23 million tons of carbon dioxide more than they would otherwise; and
WHEREAS, the Sonoma County Agricultural Preservation and Open Space District has worked with owners of working farms and ranches throughout Sonoma County, especially those most at risk for conversion to non-agricultural uses, through purchase of conservation easements to preserve the scenic and natural resources of agricultural lands, and has invested approximately $126 million in local sales tax proceeds to conserve more than 90 farms and ranches totaling nearly 60,000 acres, and 16 of the 65
District’s agricultural easements are on dairy land or land that supports dairy operations, and seven of the eight active dairy farms protected by the District could be impacted by Measure J; and WHEREAS, Sonoma County dairy and poultry farms follow animal care standards of the National Organic Program or third party welfare certification programs, and comply with Proposition 12 specifying space minimums for egg-laying hens, veal and breeding hog farms; and WHEREAS, Sonoma County Dairies are not considered point source polluters and are regulated by the North Coast and San Francisco Bay Regional Water Quality Control Boards subject to regulations prohibiting pollution and specifying water quality standards dairies must meet; and WHEREAS, notwithstanding or because of Sonoma County’s rich agricultural history, a coalition of animal rights activists and others, including a Berkeley-based group called Direct Action Everywhere, some of whose supporters have been arrested and prosecuted for unlawfully trespassing on Cloverdale area-poultry farms and entering production facilities, have qualified an initiative measure entitled Sonoma County Prohibition on Concentrated Animal Feeding Operations, designated as Measure J, for the November, 2024 Sonoma County general election; and
WHEREAS, if approved by the voters, Measure J would prohibit new farms and phase out within 3 years existing Sonoma County farms that qualify as Concentrated Animal Feeding operations, as defined in Environmental Protection Agency pollution discharge regulations, in all zoning districts in unincorporated Sonoma County outside the coastal zone, and apply to cattle, veal calves, swine, horses, sheep, lambs, turkeys, chickens and ducks, subject to penalties of $1,000 for the first day, $5,000 for the second day, and $10,000 for the third and subsequent days, creating a private cause of action with attorneys fees awards to enforce violations, and imposing new, unfunded regulatory and administrative mandates on Sonoma County government to enforce Measure J’s prohibitions against local farms; and WHEREAS, the website of Measure J’s proponents lists 21 Sonoma County farms that would be outlawed under Measure J, including 15 poultry farms and 6 dairies, with most of the targeted farms in south Sonoma County in the vicinity of Cloverdale; and
WHEREAS, some Sonoma County families have been operating farms targeted for closure under Measure J for three and four generations, some for more than a century, and the three-year period for farms to close under Measure J would be inadequate for such long term farm operators to recover the value of generations and decades of investment in land management, livestock and animal husbandry, buildings, equipment, vehicles, financing, and other investments, including generations and decades of farming expertise;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cloverdale as follows:
1. Recitals Made Findings. The above recitals are hereby declared to be true and correct and are incorporated into this resolutions as findings of the City Council.
2. Measure J Opposed. The City Council of the City of Cloverdale hereby joins together in opposing Measure J on the Sonoma County 2024 general election ballot, and urges all Sonoma county voters to vote “no” on measure J. A “no” vote on Measure J will:
66
a. Support the region’s farms that have been providing dairy, poultry and other agricultural products for the region and the state for more than a century, and that are still celebrated throughout Sonoma County with fairs, farmers markets, and other community events celebrating regional agriculture;
b. Protect Sonoma County’s agricultural economy providing milk and other dairy products, eggs and poultry for the region and the state, comprising nearly 41% of California certified organic dairies and as much as 13% of the nation’s organic milk, and accounting for hundreds of millions of dollars in agricultural products sales and revenues for ag supporting businesses, and almost 1,400 agricultural and agriculture support jobs for the local economy;
c. Preserve the decades and generations long investments of Sonoma County farming families in their dairy, poultry and other farming operations, and avoid the permanent loss of 15 poultry operations and 6 dairy operations in Sonoma County targeted for closure under Measure J;
d. Safeguard the benefits of local, high quality agricultural production serving local markets, keep agricultural products affordable and reduce the cost of transporting local agricultural products, reduce the region’s reliance on imported agricultural products and avoid generation of greenhouse gases as well as support local food security and avoid reliance on imported agricultural products;
e. Maintain Sonoma County’s urban separators, green belts and open spaces and the scenic beauty, fire safety, wildlife corridor and other important benefits they provide to the region through preservation of managed agricultural lands sequestering almost 23 million tons of carbon dioxide more than they would otherwise; and
f. Avoid the imposition of costly, unfunded regulatory and enforcement mandates on Sonoma County government - traditionally responsible for supporting the agricultural sector - directing scarce public funds at policing the closure of important local food producers and away from other important public service needs.
3. Effective Date. This resolution shall become effective immediately upon its passage by a majority of a quorum of the City Council.
67
The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 28th day of August 2024 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachment:
Exhibit A – Recology Sonoma Marin 2024 Solid Waste Composting and Recycling Rate Schedule 68 County Counsel's Title & Summary
Sonoma County Prohibition on Concentrated Animal Feeding Operations This measure,if adopted by the voters, would amend the Sonoma County Code to phase-out existing and prohibit future Concentrated Animal Feeding Operations (CAFO) in all zoning districts in the unincorporated areas of the County outside of the coastal zone. Existing operations would have three years to phase outoperations in violation. It would not apply to a registered non-profit animal shelter, sanctuary, or rescueorganization whichdoes not sellanimals or animal products. It would not apply to a temporary stable of animals during a natural disaster or a declared state of emergency.
The proposed ordinance would provide for a daily penalty of $1,000 for the firstday, $5,000 for the second day, and $10,000 for the third and subsequentdays in violation. It authorizes enforcement by any interested party or the Sonoma County Department of Agriculture, Weights and Measures ("Agricultural Commissioner"). The Agricultural Commissioner would berequired to establish a system for receiving, investigating, and retaining complaints. The proposed ordinance would provide for attorneys' fees and coststo the prevailing party. It would make it a misdemeanor to retaliate against another person for making a good-faith complaint.
The proposed ordinance would define CAFO in accordance with federal regulations. The animals covered would be cattleor cow/calf pairs, mature dairy cattle, veal calves, swine, horses, sheep or lambs, turkeys, chickens,laying hens or broilers, and ducks. CAFOs would be categorized as large, medium, or small, depending on the number and type of confined animals and other factors such as waste disposal systems. A small CAFO is one that is smaller than a medium CAFO and designated by the permitting agency as a significant contributor of pollutants. The proposed ordinance would consider animals confined if stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and when crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion ofthe lot or facility. Two or more operations could together be considered a CAFO if certain criteria are met.
The proposed ordinancewould requireregistration for existing CAFOs, which would have three years to cease operations. The ordinance would also require the Agricultural Commissioner to establish Best Management Practices to phase-out CAFO operations, developed in collaboration with a Californiabased humane society and/or a California-based society for the prevention of cruelty to animals. It would require the Agricultural Commissioner to present an annual report on ordinance compliance to the Board of Supervisors at a noticed public meeting. The ordinance would require the Agricultural Commissioner to create a job-retraining program for CAFO workers. s/Robert Pittman
County Counsel
FILED
SEP · 7 2023
69 BOARD OF
DIRECTORS
KATHRYN HECHT, CHAIR - JORGE ALCAZAR
SKIP BRAND – BETZY CHAVEZ - LINDA KACHIU
WAYNE LEACH - REGINA MAHIRI - RICHARD MARZO JORDAN
KIVELSTADT – NICHOLAS SCHWANZ
ETHAN BROWN, EXECUTIVE DIRECTOR
707.565.7170 WWW.SONOMAEDB.ORG
141 STONY CIRCLE, STE 110 | SANTA ROSA, CA 95401
Proposed Prohibition on Concentrated Animal Feeding Ordinance in Sonoma County
MEMORANDUM
To: Board of Supervisors
From: Economic Development Board
Date: May 14, 2024
Re: Proposed Prohibition on Concentrated Animal Feeding Ordinance in Sonoma County _______________________________________________________________________ Economic Impact
In response to the proposed ordinance, the local University of California Cooperative Extension contracted with the College of Agriculture at California State University, Chico Agribusiness Institute to conduct an Economic Impact Analysis of the Prohibition on Concentrated Animal Feeding Operations in Sonoma County. The results of this analysis presented a significant impact to the Sonoma County economy referencing losses in agricultural products ($259 million), reductions in spending through the region ($38 million) in addition to a significant loss of labor income and employment. The findings of the report conclude that “for every job lost f rom the livestock and poultry production sector, we can expect to lose one additional job f rom the Sonoma County economy”.
The estimated production value of Sonoma County’s agricultural animal sector is approximately $180,119,777 (2022 Sonoma County Crop Report). Out of thirteen dif ferent animal sectors within the region, there are five that could be impacted by the approval of this ordinance including: Cattle or cow/calf pairs, Mature or dairy cattle, Chicken other than laying hens, laying hens or broilers and ducks, equating to approximately 97% ($175,146,377) of the region’s total production value.
Large Size Threshold – Confined Animal Feeding Ordinance (CAFO) Animal
Sector
Total
Business
es
District
1 District
2 District
3 District
4 District
5 Mature or
dairy cattle
5 1 3 - - 1
Chicken
other than
laying hens
2 1 - - - 1
Laying hens
or broilers
4 - 2 - 2 -
Total 11 2 5 0 2 2
70 BOARD OF
DIRECTORS
KATHRYN HECHT, CHAIR - JORGE ALCAZAR
SKIP BRAND – BETZY CHAVEZ - LINDA KACHIU
WAYNE LEACH - REGINA MAHIRI - RICHARD MARZO JORDAN
KIVELSTADT – NICHOLAS SCHWANZ
ETHAN BROWN, EXECUTIVE DIRECTOR
707.565.7170 WWW.SONOMAEDB.ORG
141 STONY CIRCLE, STE 110 | SANTA ROSA, CA 95401
Medium Size Threshold – Confined Animal Feeding Ordinance (CAFO) Animal
Sector
Total
Business
es
District
1 District
2 District
3 District
4 District
5 Cattle or
cow/calf
pairs
5 1 1 - 1 2
Mature or
dairy cattle
33 - 21 1 - 11
Chicken
other than
laying hens
5 1 2 1 - 1
Laying hens
or broilers
5 - 5 - - -
Ducks 1 - 1 - - -
Total 49 2 30 2 1 14
• A total of 60 varying agriculture businesses may be directly impacted by the passing of this ordinance, 49 of which may fall within the Medium Confined Animal Feeding Ordinance size threshold.
• All businesses that potentially fall within either the Large or Medium CAFO size threshold are in Unincorporated Sonoma County.
• While impacted businesses are spread across all five Supervisorial Districts of Sonoma County, 58% (35) are located within the Second District and 27% (16) within the Fif th District.
As stated in the Executive Summary of the “Prohibition on Concentrated Animal Feeding Operations” Supporting Arguments document produced by the University of California Cooperative Extension, Sonoma County dairies and poultry facilities represent the most impacted animal sectors for this proposed ordinance. These sectors implement animal care standards through those required by the National Organic Program or through third-party welfare certification programs. 100% of dairies managing 200 or more cows (medium and large size per CAFO index) implement one or more of these tools. Additionally, Proposition 12 is a voter driven initiative requiring space minimums for egg-laying hens, veal, and breeding hog operations. Those operations regulated under this law in Sonoma County retain Distributor Registration and comply with the law. Humane handling and disease prevention directly help achieve the ethical and financial goals of farms.
Production of local food and the establishment of food security as well as food mileage are important for not only the local economy but for the business owners and families of our surrounding areas and communities. The farther away food must travel to get to consumers, the more emissions are created and higher the cost of that food. 71 BOARD OF
DIRECTORS
KATHRYN HECHT, CHAIR - JORGE ALCAZAR
SKIP BRAND – BETZY CHAVEZ - LINDA KACHIU
WAYNE LEACH - REGINA MAHIRI - RICHARD MARZO JORDAN
KIVELSTADT – NICHOLAS SCHWANZ
ETHAN BROWN, EXECUTIVE DIRECTOR
707.565.7170 WWW.SONOMAEDB.ORG
141 STONY CIRCLE, STE 110 | SANTA ROSA, CA 95401
For the impacted businesses referenced above to successfully comply with the requirements of this proposed ordinance, in addition to any existing regulatory requirements, the necessary livestock reductions would be insurmountable given the standard business model for agriculture and/or farming.
In addition to businesses within the agriculture sector directly impacted by this ordinance, there will also be an additional impact to businesses that provide a variety of supplies and services to the local agriculture sector. Examples of these businesses include, but aren’t limited to veterinary services, farm product/feed suppliers, automotive and tractor retailers as well as construction equipment and materials.
• More than 80 additional local businesses located in both Unincorporated and Incorporated areas of Sonoma County, as well as outside of the county may be indirectly impacted by the passing of this ordinance.
• 43% (33) of these businesses are retailers providing local agriculture businesses with basic farm and feed supplies.
• While impacted businesses are spread across all five Supervisorial Districts of Sonoma County, 51% (42) are located within the Second District. 72 County Jurisdiction
Unincorporated Incorporated Total Land Acreage District 2 Housing District 1 Business Impact by District
District 5 Workforce
Sonoma County Prohibition on Concentrated Animal Feeding Ordinance Size Threshold District 3 District 4 Business County Monetary Animal Sector
Large
CAFOs
(Large)
Medium
CAFOs
(Medium)
Small Large
Medium
Small Estimated Production
Value Large
Medium
Small# of Employees
Impacted
# of Persons
Housed Large
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
Small
Cattle or cow/calf
pairs 1,000+ 300 0 999 <300 0 5 75 $ 20,880,400.00 0.00 15,000.00 225,000.00 0 1 15 0 1 20 0 0 10 0 1 10 0 2 20 0 5 75 0 0 0 Mature or dairy
cattle 700+ 200 0 699 <200 5 33 12 $ 114,869,077.00 13,899.96 35,983.70 1,998.23 323 642 1 0 1 3 21 8 0 1 0 0 0 0 1 11 3 5 33 12 0 0 0 Veal calves 1,000+ 300 0 999 <300 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Swine <55 lbs 2,500+ 750 0 2,499 <750 0 0 10 $ 472,300.00 0.00 0.00 1,500.00 0 0 0 0 0 0 0 4 0 0 0 0 0 2 0 0 4 0 0 0 0 0 0 Swine >55 lbs 10,000+ 3,000 0 9,999 <3,000 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Horses 500+ 150 0 499 <150 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sheep or lambs 10,000+ 3,000 0 9,999 <3,000 0 0 100 $ 4,501,100.00 0.00 0.00 30,000.00 0 0 0 0 20 0 0 20 0 0 20 0 0 20 0 0 20 0 0 0 0 0 0 Turkeys 55,000+ 16,500 0
54,999 <16,500 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Laying hens or
broilers 30,000+ 9,000 0 29,999 <9,000 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Chicken other than
laying hens 125,000+ 37,500 0 124,999 <37,500 2 5 0 35.41 45.15 0.00 15 1 1 0 0 2 0 0 1 0 0 0 0 1 1 0 2 5 0 0 0 0 Laying hens or
broilers 82,000+ 25,000 0 81,999 <25,000 4 5 2 220.00 120.00 100.00 85 0 0 0 2 5 2 0 0 0 2 0 0 0 0 0 5 5 2 0 0 0 Ducks 30,000+ 10,000 0
29,999 <10,000 0 1 2 0.00 350.00 20.00 31 0 0 0 0 1 2 0 0 0 0 0 0 0 0 0 0 1 2 0 0 0 Ducks 5,000+ 1,500 0 4,999 <1,500 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 39,396,900.00 33
Sonoma County Economic Development Board
May 2024
73 PROHIBITION ON CONCENTRATED ANIMAL FEEDING OPERATIONS WHEREAS, the people of Sonoma County value healthy communities and a healthy environment; and
WHEREAS, the people of Sonoma County value the humane treatment of animals; and WHEREAS, the U.S. Supreme Court upheld California's Proposition 12 (the Farm Animal Confinement Initiative), the nation's strongest farm animal welfare law1 , which was supported
by 61.6% of Sonoma County voters2
; and
WHEREAS, hundreds of Concentrated Animal Feeding Operations (CAFOs) presently operate in California3, including over a dozen in Sonoma County; and WHEREAS, millions of animals are confined in CAFOs across California4 ; and
WHEREAS, it is a well-established scientific fact, as supported by thousands of studies exploring animal cognition, that animals have emotions, personalities, and the ability to feel pain, fear, and stress5
; and
WHEREAS, every day, animals are treated inhumanely at CAF0s6 ; and
WHEREAS, the treatment of animals in CAFOs routinely violates California animal cruelty laws, with little to no accountability; and
WHEREAS, CAFOs have severe negative public health and environmental impacts due to the large amounts of concentrated, potentially toxic waste they produce and the infectious diseases they facilitate and harbor7; and
WHEREAS, investigators have found antibiotic-resistant bacteria and infectious diseases in CAFOs in California8 and across the U.S.9
; and FILED
AUG 2 1 2023
so 1 https://www.supremecourt.gov/opi nions/22pdf/21-468 _ 5if6. pdf By 2 https://sonomacounty.ca.gov/administrative-support-and-fiscal-services/clerk-recorder-assessor-regist ra r-of-voters/reg istra r-of-vote rs/election s/novem ber-6-2018-ge n era I-e lection-fi nal-resu Its 3 https://www3.epa.gov/npdes/pubs/region9.pdf 4 https://www3.epa.gov/npdes/pubs/region9.pdf
5 https://www.livescience.com/39481-time-to-declare-animal-sentience. html 6 https ://www. centerforfood safety. org/i ssues/30 7 /an ima I-factori es/animal-factories-and-an i ma I-welfare 7 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf https://www.vice.com/en/article/g5bjjb/the-next-pandemic-could-come-from-an-american-factory-farm 9 https://www.scientificamerican.com/article/how-drug-resistant-bacteria-travel-from-the-farm-to-your-ta ble/
8 74
WHEREAS, given that three out of four emerging infectious diseases are zoonotic10, CAFOs pose a serious risk to public health 11
; and
WHEREAS, emissions from industrial animal agricultural operations are a significant cause of climate change, with livestock contributing 14.5 percent of all greenhouse gas emissions12
; and
WHEREAS, by worsening climate change via the release of greenhouse gasses such as methane, 14 CAFOs are a major contributor to the drought and wildfires in California13• ; and WHEREAS, it is projected that the global industrial agricultural sector will nearly double in greenhouse gas emissions by 205015; and
WHEREAS, globally, CAFOs and other intensive farming practices are the primary driver of biodiversity loss through dependence on inputs such as fertilizer, pesticides, energy, land, and water, and on practices such as monocropping and heavy tilling, which in turn reduces the variety of landscapes and habitats 16; and
WHEREAS, biodigesters (which can convert animal waste into energy) have been shown to be ineffective at mitigating the public health and environmental impacts of CAFOs, as they can produce other harmful chemicals without fully removing toxins from the environment17; and
WHEREAS, workers at CAFOs face health risks due to exposure to harmful substances and antibiotic-resistant bacteria, as well as high rates of respiratory injuries, musculoskeletal injuries, and anxiety and depression18; and
WHEREAS, CAFOs disproportionately affect low-income and disadvantaged communities, raising social and environmental justice concerns19
; and
10 https://www.cdc.gov/onehealth/basics/zoonotic-diseases.html 11 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf 12 https://www.fao.org/news/story/en/item/197623/icode/ 13 https://vitalsigns.edf.org/story/what-does-californias-flooding-and-drought-have-do-climate-change 14 https://www.ppic.org/publication/climate-change-and-californias-water/ 15 https://www.ewg.org/news-insights/news/2023/02/will-agriculture-be-americas-leading-source-greenh ouse-gas-emissions
16 https ://www. chatha mhouse. org/sites/d eta ulUfi les/2 021-02/2021-02-03-food-syste m-biodiversity-loss-b enton-et-al_0. pdf 17
https://www.foodandwaterwatch.org/wp-contenUuploads/2021 /03/ib _1906 _biogas_manu re-2019-web. pdf
18 https ://elf. jhs ph. ed u/sites/defa u IUfi les/2 021-05/esse ntia I-and-in-_ cri sis-a-review-of-the-pub I ic-health-th reats-facing-farmworkers-in-the-us.pdf 19
https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2020/01/ 13/precautionary-moratorium-on-new-and-expanding-concentrated-animal-feeding-operations 75 WHEREAS, proximity to CAFOs significantly decreases property values, with a 2015 study showing that properties within 3 miles of a CAFO lost up to 26% of their value and properties within ¼ mile of a CAFO lost up to 88% of their value20; and WHEREAS, legislation (the Farm System Reform Act) has been proposed in U.S. Congress which would place a moratorium on the construction of large CAFOs and enact other restrictions on resource-intensive factory farming21; and WHEREAS, the American Public Health Association has called for federal, state, and local governments to impose a moratorium on new and expanding CAFOs22 ; and
WHEREAS, several other jurisdictions across the U.S. have placed restrictions on CAFOs23 ;
and
WHEREAS, the County of Sonoma has a legitimate and substantial interest in promoting public health and encouraging responsible environmental practices; and WHEREAS, it is the intent of Sonoma County to prohibit CAFOs in order to protect the environment, animals, and the health and well-being of its residents and communities; and WHEREAS, it is also the intent of Sonoma County to provide a retraining and employment assistance program for workers at CAFOs to facilitate the transition to safer forms of work; and
WHEREAS, the present Ordinance is in line with Sonoma County's values as an agricultural community that respects the environment and responsible agricultural practices; NOW, THEREFORE, the People of the County of Sonoma ordain as follows:
SECTION 1: ADDITION OF §26-18-075.
Section 26-18-075 is hereby added to read as follows:
Sec. 26-18-075 Animal Keeping: Concentrated Animal Feeding Operations A.Purpose.
The Purpose of this Section is to protect the environment, animals, and the health and well-being of Sonoma County residents and communities by prohibiting the
20 https://www.nar.realtor/animal-feedlots 21 https://www.congress.gov/bill/117th-congress/senate-bill/2332 22 https ://www. ap ha. org/pol i cies-a nd-advocacy /public-health-po I icy-statements/pol icy-data base/2020/01 / 13/precautionary-moratorium-on-new-and-expanding-concentrated-animal-feeding-operations 23 https://www.wisfarmer.com/story/news/2023/07/07/officials-in-the-remaining-towns-with-livestock-regul ations-wonder-whether-they-too-are-in-legal-cro/70387371007 I 76 operation of CAFOs, as defined herein, within the unincorporated areas of the County.
B. Definitions.
The following words and phrases as used in this Chapter shall be defined as follows:
"Animal feeding operation" or "AFO" means a lot or facility that meets the regulatory definition of an AFO as set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 202324. Specifically, a lot or facility (other than an aquatic animal production facility) is deemed an AFO where the following conditions are met:
(i) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12- month period, and
(ii) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. "Concentrated Animal Feeding Operation" or "CAFO" means an AFO which meets the definition of a Medium CAFO or Large CAFO, as defined herein, and set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023, or which is designated as a CAFO of any size by the permitting authority25. "Large CAFO" means an AFO which confines at least the number of animals described in Table 18-0.
"Medium CAFO" means an AFO which falls within the size range in Table 18-0 and either:
(i) has a man-made ditch or pipe that carries manure or wastewater to surface water; or
(ii) the animals come into contact with surface water that passes through the area where they're confined; or
(iii) is designated as a Medium CAFO by the permitting authority due to being a significant contributor of pollutants.
"Pre-Existing CAFO" means a CAFO currently in existence in Son·oma County at the time this Ordinance becomes effective.
"Small CAFO" means an AFO which confines fewer than the number of animals listed in Table 18-0 and which has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.
24 Available at
https://www.ecfr.gov/current/title-40/chapter-l/subchapter-D/part-122/subpart-B/section-122 .23. 25 Available at
https://www.ecfr.gov/current/title-40/chapter-l/subchapter-D/part-122/subpart-B/section-122 .23. 77 Table 18-0: Size Thresholds for CAFOs
Animal Sector Size Threshold: Large
CAFOs
Size Threshold: Medium
CAFOs
Cattle or cow/calf pairs
Mature dairy cattle
1,000 or more
700 or more
300 - 999
200 - 699
Veal calves 1,000 or more 300 - 999
Swine (weighing over 55
pounds)
2,500 or more 750 - 2,499
Swine (weighing less than
pounds)
10,000 or more 3,000 - 9,999
Horses 500 or more 150 - 499
Sheep or lambs 10,000 or more 3,000 - 9,999
Turkeys 55,000 or more 16,500 - 54,999
Laying hens or broilers
(liquid manure handling
systems)
30,000 or more 9,000 - 29,999
Chickens other than
laying hens (other than a
liquid manure handling
systems)
125,000 or more 37,500 - 124,999
Laying hens ( other than a
liquid manure handling
systems)
82,000 or more 25,000 - 81,999
Ducks (other than a liquid
manure handling
systems)
30,000 or more 10,000 - 29,999
Ducks (liquid manure
handling systems)
5,000 or more 1,500 - 4,999
C.Aggregation.
Two or more lots or facilities that collectively meet the definition of a CAFO shall together be deemed a CAFO if they are under common ownership and are either on adjoining parcels or share a waste disposal system.
D.Prohibition of CAFOs; Exceptions.
1. No person shall establish, operate, expand, or maintain a CAFO in unincorporated Sonoma County on or after the date of the enactment of this Section.
78 2. This Section does not limit or impact the availability of remedies under other applicable local, state and federal laws, regulations, and ordinances, including but not limited to laws, regulations, and ordinances regarding environmental protection and animal cruelty.
3. The prohibitions in this Section shall not apply to an evacuation area set up to temporarily stable animals in the case of a natural disaster or a declared state of emergency, or to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products.
E. Existing CAFOs; Phase-Out Period.
1. Notwithstanding anything in this Section, Pre-Existing CAFOs shall be deemed a nonconforming use and shall be required to register on a public database maintained by the Sonoma County Department of Agriculture, Weights and Measures.
2. Pre-Existing CAFOs shall be given a phase-out period of no more than three (3) years from the effective date of this Section to modify or terminate their operations such that they are no longer classified as a CAFO. Proof of this shall be provided to the Agricultural Commissioner prior to the end of the phase-out period.
During the phase-out period, Pre-Existing CAFOs shall not increase the number of animals in confinement.
3. The Agricultural Commissioner or his/her designee shall inspect closed CAFOs within one month of receiving such proof of termination from a Pre-Existing CAFO to ensure that all relevant operations have ceased or been appropriately modified.
4. Any Pre-Existing CAFO taking advantage of the phase-out period mentioned in Subsection (E)(1) shall comply with Best Management Practices set forth by the Agricultural Commissioner, which shall be developed in collaboration with a California-based humane society and/or a California-based society for the prevention of cruelty to animals. The foregoing shall be in addition to any requirements imposed on CAFOs by County, State and Federal environmental protection agencies.
5. The Agricultural Commissioner shall establish a system to receive, investigate, and retain complaints related to this Section.
F. Violations.
1. Any person who continues to operate a Pre-Existing CAFO after the three (3) year phase-out period elapses, or who establishes or maintains a CAFO following the enactment of this Section, or who violates any other provision of this Section, shall be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, five thousand dollars ($5,000) for the second offense, and ten thousand dollars ($10,000) for the third and any subsequent offenses, payable to the Sonoma County General Fund.
2. Notwithstanding the foregoing, the Agricultural Commissioner or his/her designee may also pursue on behalf of the county any other civil or administrative penalty or remedy otherwise available for failure to comply with the requirements of this Section.
79 3. Each day, or portion thereof, during which the violation occurs shall be treated as a separate offense.
4. Nothing herein shall impact the standing of other interested parties, or the availability of remedies under other applicable federal, state and local laws, regulations and ordinances, including the remedies afforded any person set forth in Subsection I of this Ordinance.
5. The availability of funds under this Section shall not restrict any obligation by the County to provide retraining and employment assistance opportunities to CAFO workers.
6. For the purposes of this Subsection (F), "person" includes any owner, officer, or director of a CAFO. No penalties shall be issued to individuals solely for working at a CAFO operation unless they also meet one of the foregoing criteria.
G. Retraining for CAFO Workers
The County shall provide a retraining and employment assistance program for current and former CAFO workers during the phase-out period in Subsection (E)(1) and for an additional one year thereafter. The purpose of this program is to provide individuals who worked at a CAFO at the time of this Ordinance's enactment or who worked at a CAFO at any point during the phase-out period with the training needed to work at a legally acceptable agricultural operation or in a different job sector. This program shall be administered by the Agricultural Commissioner or his/her designee, along with qualified experts in employment law, animal rights, farm labor, and best agricultural practices. Such experts shall provide proof of their qualifications, which shall be subject to public disclosure. The County's obligation under this Subsection (G) to provide retraining and employment assistance to CAFO workers shall not depend on the fines and penalties collected pursuant to Subsection (F).
H. Annual Report.
The Agricultural Commissioner or his/her designee shall prepare an annual report containing the following information: the number of CAFOs currently operating in unincorporated Sonoma County; the number of CAFO termination notices received in the previous year; the number of CAFO termination inspections conducted in the previous year; the number of CAFO workers in the retraining program; and the amount of penalties assessed and collected in the previous year. Such report shall be presented to the Board of Supervisors at a duly-noticed public hearing and posted on the Agricultural Commissioner's webpage, beginning one year after the effective date of this Section and continuing until all CAFOs, as defined herein, have been phased out of the County.
I. Right of Action.
Any interested party may institute a civil proceeding for injunctive relief against a violation of this Section, and for whatever other additional relief the court deems appropriate. In any action brought pursuant to this Section, the prevailing party shall be entitled to reasonable attorney's fees and costs. The remedies available under this Section shall be in addition to, and shall not in any way restrict, any other rights 80 or remedies under law. Nothing in this Section is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California, or with any state or federal law. For the purposes of this Section, "interested party" shall include but not be limited to any association, organization, society, or corporation organized for the purpose of protecting animals or the environment.
J. Retaliation Prohibited.
Any person who retaliates against another person for making a good-faith complaint that there has been a failure to comply with this Section is guilty of a misdemeanor.
K. Severability.
The provisions of this Section are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this Section, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Section, or the validity of its application to other persons or circumstances. In the event that any provision is severed, the remaining provisions of this Section shall be interpreted in light of its stated purpose and intent.
SECTION 2. AMENDMENT OF OTHER COUNTY CODE SECTIONS.
Section 26-04-020(C) is hereby amended by inserting the following between "Composting" and "Condominium" as Section 26-04-020(C)(31.5):
Concentrated Animal Feeding Operations (CAFOs). Concentrated animal feeding operation, or CAFO, shall have the meaning set forth in Section 26-18-075.
Section 26-18-070(A) is hereby amended to read as follows:
Definition. The raising, feeding, maintaining and breeding of farm animals where animals are continuously confined in enclosed pens or similar structures, the majority of animal feed is provided by facility management rather than grazing, and animal wastes are concentrated on site. In the event that an operation falls under this definition and is also defined as a CAFO pursuant to Section 26-18-075, then Section 26-18-075shall control.
1. Includes: Dairies, hog farms, veal production, and chicken and turkey ranches, and similar livestock where animals are continuously confined.
2.Excludes: Horses, goats, sheep, and
Section 26-18-080(A)(1) is hereby amended to read as follows:
Excludes: Confined farm animal facilities, Concentrated Animal Feeding Operations (CAFOs). the keeping of household pets and wild or exotic animals. 81 ..
Section 26-18-090(A)(2) is hereby amended to read as follows:
Excludes: Slaughterhouses, rendering plants, Concentrated Animal Feeding Operations (CAFOs).
SECTION 3. FUTURE AMENDMENTS.
In addition to the foregoing, the Board of Supervisors shall amend the County Code as needed within a reasonable time following the adoption of the Ordinance to effectuate this Ordinance, and from time-to-time as the necessity of any other amendments becomes clear.
SECTION 4. CONSTRUCTION & INTERPRETATION.
This Ordinance and its provisions shall be broadly construed and interpreted to accomplish its purpose and intent.
SECTION 5. CEQA.
This Ordinance is exempt from the California Environmental Quality Act (CEQA) as a citizen-sponsored initiative.
SECTION 6. SEVERABILITY.
If any provision of this Ordinance, or part thereof, or the application of any provision or part to any person or circumstance is held for any reason to be invalid or unconstitutional, the remaining provisions and parts shall not be affected, and the Ordinance as a whole shall be interpreted in light of its stated Purpose and Intent. The People of the County of Sonoma hereby declare that they would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon approval by the voters, or as soon as otherwise allowable under applicable law.
SECTION 8. CERTIFICATION; PUBLICATION.
Upon approval by the voters, the County Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law. 82 City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
I.4
August 28, 2024
Agenda Section:
New Business
Staff Contact:
David Kelley, City Manager
Shannon Peterson, Finance & HR Manager
Agenda Item Title:
Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Dispatch Association and Authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City
_______________________________________________________________________________________ Recommended Council Action:
Adopt a Resolution Entitled “Resolution of the City Council of the City of Cloverdale approving a Memorandum of Understanding with the Cloverdale Dispatch Association and authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City.” ________________________________________________________________________________________ Background:
The City of Cloverdale and the Cloverdale Dispatch Association (“CDA”) previously negotiated a two-year memorandum of understanding (“MOU”) with effective dates of July 1, 2022 to June 30, 2024. The City of Cloverdale negotiated in good faith with the CDA and agreed upon a set of terms that were incorporated into a successor MOU was subsequently approved by the City Council by Resolution No. 88-2022 on September 14, 2022. The MOU had a term that expired on June 30, 2024.
City staff began the process of preparing to negotiate a successor MOU with CDA in early 2024 ________________________________________________________________________________________ Summary:
Under the direction of the City Council, your labor representatives, Shannon Peterson, Finance & HR Manager, and Patrick Clark, Lead Negotiator, met and conferred in good faith with the recognized representatives of CDA on a successor MOU. The Parties reached a tentative agreement on a successor MOU, which tentative agreement has been ratified by the CDA membership. The CDA currently represents six employees. The following is a summary of the tentative agreement:
1. Two-year term, from July 1, 2024 to June 30, 2024.
2. 4.0% Cost of Living Adjustment (“COLA”) effective retroactive to July 1, 2024, for employees employed on the date the City Council approves the MOU.
3. Effective July 1, 2025, a 3% cost of living adjustment.
4. Effective July 1, 2025, benchmark the EPO 500 plan at 95% for the City’s medical contribution.
5. Effective July 1, 2025, employees on the REMIF plan will receive employee owned HRA account with July 1 annual City contribution as to offset deductible as follows:
Employee Only: HRA cont $500.00 per yr
Employee + 1: HRA cont $1,000.00 per yr
Family: HRA cont $1,500.00 per yr
83 City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024
Item No.
6. Allow employees to accumulate vacation during the year without limit. Employees may only carryover a maximum of 350 hours of vacation each calendar year. Any hours in excess of 350 will be cashed out the last pay period in December each year.
7. Effective December 2024 employees must make an irrevocable election to cash out certain vacation that will be accrued during the following year.
8. Effective on January 1, 2024, an employee will only be allowed to use or request the cash-out of accrued Comp Time within the same calendar year in which the employee elected Comp Time Instead of cash for overtime worked.
9. Updated Bereavement Leave language to be in compliance with AB 1949.
10. Increase Wellness Incentive Program from $250 to $300 per calendar year.
11. Update the Chirstmas Eve Holiday to be a full day listed as December 24th.
12. Add the Police Records Technician
The proposed enhancement and changes to the MOU are consistent with the City Council’s goalsto negotiate two-year MOUs with employee bargaining units and adjust salary and benefits commensurate with comparable cities and the overall labor market within the City’s long-term strategic, financial, and budgeting goals.
A proposed Resolution is attached as Attachment 1, which would approve the draft successor MOU between the City of Cloverdale and CDA. The draft successor MOU between the City and CDA is attached as Attachment A to the proposed Resolution, which MOU would memorialize the proposed changes outlined above and would increase the salary range 4.0% for each classification contained in Exhibit A of the successor CDA MOU, effective retroactive for those employed on the date the City Council approves this MOU to July 1, 2024. Represented employees would receive a 3% cost of living adjustment effective July 1, 2025. ________________________________________________________________________________________ Options:
Reject all or elements of the proposed MOUs. The action is not recommended given the Parties agree that they have met in good faith, and both the City Council and membership of the CDA have received regular updates and provided direction on the proposed MOU amendments. ________________________________________________________________________________________ Subcommittee Recommendation:
None.
________________________________________________________________________________________ Budget/Financial Impact:
The fiscal impact of approving the MOU with CDA for fiscal year 2024/25 is projected to be $27,920, all of which will be allocated to the General Fund. The projected cost is not included in the adopted FY 2024/25 budget and requires a budget amendment. The FY 2025/26 budget will also require a budget amendment. ________________________________________________________________________________________ Attachments:
1. A Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Dispatch Association and Authorizing the City Manager to Execute the Memorandum of Understanding
2. Exhibit A - CDA MOU
3. CDA MOU with Markup
84 CITY OF CLOVERDALE CITY COUNCIL
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE CLOVERDALE DISPATCH ASSOCIATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of Cloverdale (the “City”) and Cloverdale Dispatch Association (“CDA”) have met and conferred in good faith and reached a tentative agreement on a successor Memorandum of Understanding (“MOU”) with effective dates of July 1, 2024 to June 30, 2026 with agreed upon amendments to salaries and benefits; and
WHEREAS, the CDA membership has ratified the tentative agreement; and WHEREAS, the previous MOU between the City and CDA, and all subsequent side letters of agreement, were for a term ending June 30, 2024; and
WHEREAS, management believes the terms of the tentative agreement for a successor MOU between the City and CDA are consistent with the direction and goals of the City Council; and WHEREAS, the proposed recommended successor MOU is attached as Exhibit A.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cloverdale does hereby approve the July 1, 2024 – June 30, 2026 MOU between the City and CDA attached as Exhibit A, which MOU supersedes the prior MOU and applicable side letters of agreement; and BE IT FURTHER RESOLVED, that the City Manager is authorized to execute the July 1, 2024-June 30,2026 MOU on behalf of the City Council in a form approved by the City Attorney Attorney and to make any final and necessary edits to perfect the MOU; and
BE IT FURTHER RESOLVED, that new salary ranges shall be effective with the pay period beginning July 1, 2024, in conjunction with payroll processing procedures and in accordance with Internal Revenue Service guidelines.
The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 28th day of August 2024 by the following roll call vote:
AYES: (0)
NOES: (0)
ABSTAIN: (0)
ABSENT: (0)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Michael Maloney, City Clerk
Attachment: Exhibit A - Memorandum of Understanding between the Cloverdale Dispatch Association and the City of Cloverdale July 1, 2024-June 30, 2026
85
MEMORANDUM OF UNDERSTANDING
Between
THE CLOVERDALE DISPATCHERS’ ASSOCIATION
and
THE CITY OF CLOVERDALE
July 1, 2024 – June 30, 2026
The representatives of the City of Cloverdale (“the City”), and the representatives of the Cloverdale Dispatchers’ Association (“the Association”), having met and conferred in good faith, have mutually agreed to the following Memorandum of Understanding (MOU) and that the wages, hours and other terms and conditions set forth hereafter be implemented.
ARTICLE 1. DEFINITIONS
1.1 Employer
The term “City” referred to herein shall be the City of Cloverdale.
1.2 Association
The term “Association” referred to herein shall be the Cloverdale Dispatchers’ Association.
1.3 Employee
The term “Employee” referred to herein shall be all employees of the City of Cloverdale listed in Article 2 of this MOU.
ARTICLE 2. RECOGNITION
The City hereby recognizes the Association as the sole and exclusive bargaining agent for the classes listed below, for all matters within the scope of representation:
1) Dispatcher
2) Part-Time Dispatcher (covered in specific provisions) 3) Dispatch Supervisor
4) Police Records Technician
ARTICLE 3. HIRING PROVISIONS
3.1 Non-Discrimination
No employee covered by the Agreement shall be discriminated against by the City, or by the Association, by reason of race, color, religion, sex, age, sexual orientation, marital status, disability, national origin or other status as protected by the Fair Employment and Housing Act, (Government Code § 12940). 86
3.2 Employment
The City shall not discharge or otherwise discriminate against any employee by reason of Association activities not interfering with the proper performance of his/her work.
ARTICLE 4. CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
ARTICLE 5. ASSOCIATION RIGHTS
5.1 Employee Contact
5.1.1 Association Representative(s) shall have the right to contact individual employees working within the unit on matters of Association business, providing such contact does not unduly interfere with the work of the employee or the City. When contact is made at the work site of the employee during normal business hours, it shall be after prior approval of the employee’s supervisor.
5.2 Meetings
5.2.1 Timing of Association Meetings: Any authorized representative of the Association shall be permitted to conduct employee meetings on matters within the scope of representation in City facilities, before and after shifts and during meal periods, provided that reasonable notice is given to the Chief of Police or his/her designee.
5.2.2 Use of City Facilities: The Association shall have use of City facilities for meetings of employees and the Association, provided that the Association has requested the facility reasonably in advance of the meeting and has received approval from the Chief of Police or his/her designee.
5.3 Communications
5.3.1 Use of City’s Interdepartmental System: Any use of City’s interdepartmental system by any person for Official service or notification is done at the sender’s risk of non-receipt by the addressee, in which event such service or notification shall not be effective.
5.3.2 Use of City’s Bulletin Board(s) and Other City Equipment: The Association shall have the right to reasonable use of space on City bulletin boards and the City mail system within the standards set forth by the courts. The Association shall have reasonable use of the City telephone system to communicate with department employees.
87
5.4 Release Time
The Association shall be granted reasonable release time without the loss of pay or benefits to engage in Association business. In all cases of release time, the Association shall notify the employee’s supervisor of the need for such release time and secure permission from the supervisor before leaving a work assignment.
5.5 Exclusive Rights
5.5.1 Representation by the Association: The City recognizes the exclusive right of the Association to represent members of the bargaining unit on all matters relating to employment conditions and employer-employee relations subject to the employee’s right of self-representation pursuant to Government Code § 3503.
5.5.2 Access to Employees Presenting Grievances: The Association shall have access to any employee or employees presenting a grievance.
5.6 Check-Off
5.6.1 Authorization for Payroll Deductions: Payroll deductions for the periodic membership dues, initiation fees and general assessments of the Association shall be made by the City on behalf of the Association from the paycheck of each employee whom the Association certifies has affirmatively consented to such dues deduction. The City shall remit the deducted membership dues to the officer(s) of the Association designated in writing by the Association.
The Association will maintain individual employee authorizations for payroll deductions, signed by the individual from whose wages the deduction is to be made. The City shall rely upon written notification from the Association for any employee requests to cancel, initiate or change payroll deductions for dues. The Association will obtain and maintain voluntary written authorization for dues deductions.
Dues deductions shall automatically renew unless written notice is provided by the Association.
Deduction notification will be provided to the City’s Payroll Division. Change, cancellation and deduction requests received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.
5.6.2 Indemnification by the Association: The Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any threatened or actual claims, demands, lawsuits, or any other action arising from the operation of this Section and from the use of such monies by the Association.
ARTICLE 6. EMPLOYEE RIGHTS
6.1 General
Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment. Employees 88
also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by an employee organization because of his/her exercise of these rights.
6.2 Representation by Association
Association representatives shall have access to any employee or employees presenting a grievance and employees have the right to have the Association representative represent him or her at all stages of disciplinary actions.
ARTICLE 7. WAGES, HOURS AND WORKING CONDITIONS
7.1 Salaries
7.1.1 Year 1: Effective July 1, 2024, all classifications covered by this agreement shall receive a 4% cost-of-living adjustment the first full pay period following Association ratification and City Council approval of MOU.
Year 2: Effective July 1, 2025, all classifications covered by this agreement shall receive a 3% cost of living adjustment.
7.1.2 Longevity Plan: Employees shall be eligible for longevity pay as follows:
Length of Service Longevity Pay
(Percent of Base Salary)
Completion of Five (5) Years of Service 2%
Completion of Ten (10) Years of Service 4%
Completion of Fifteen (15) Years of Service 6%
Completion of Twenty (20) Years of Service 8%
For purposes of this section, “Length of Service” is defined as continued, uninterrupted service with the City. Longevity pay percentages are not additive (for example, an employee with fifteen (15) years of service is entitled to only four percent (4%) of base salary as longevity, not 2% plus 4% equaling 6%).
7.1.3 Extended Longevity Pay: Employees shall be eligible for extended longevity pay. City shall pay into individual employee ICMA accounts in accordance with the following schedule:
Length of Service Extended Longevity Pay
(Percent of Base Salary)
Ten (10) Years of Service 1.5%
Fifteen (15) Years of Service 2%
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For purposes of this section, “Length of Service” is defined as continuous, uninterrupted service with the City. Extended Longevity pay percentages are not additive. Payment shall commence on the first payday following the employee’s hiring anniversary and shall include a pro-rata amount for any period of time between the hire anniversary and the first payday.
Employees hired after June 30, 2011, are not eligible for Extended Longevity pay.
7.1.4 Specialty Pay: Compensation for additional duties and responsibilities unique to the classification (applicable only during tenure of the responsibility) is as follows: Communications Training Officer to receive five percent (5%) additional compensation on paychecks where reflected on their time sheets.
7.1.5 Shift Differential Premium Pay: Employees for whom the majority of their assigned shift hours are after 1900 (currently the swing and graveyard shifts) shall receive a 5% shift differential pay for the assigned scheduled shift hours actually worked after 1900. Shift differential pay shall not apply to paid leave hours, including but not limited to vacation, sick and compensatory time off hours.
7.2 Retirement
7.2.1 Public Employees’ Retirement System (PERS) : The City shall provide retirement benefits under the Public Employees’ Retirement System (PERS) plan commonly known as the 2% @ 55 Retirement Plan. The City will also provide the “highest 12 consecutive month” benefit. The City shall provide the 1959 Survivor Benefit, Level IV. Employees hired prior to January 1, 2013, or individuals that are hired on or after that date that are not defined as “new members” pursuant to Government Code Section 7522.04(f), shall be subject to this formula.
7.2.1.1 Effective the first full pay period in October 2011, employees shall pay one-third (1/3) of the cost (.837%) of the after-added benefits of their PERS plan in existence as of July 1, 2011.
7.2.1.2 Effective the first full pay period in October 2012, employees shall pay a total of twothirds (2/3) of the cost (1.67%) of the after-added benefits of their PERS plan in existence as of July 1, 2011.
7.2.1.3 Employees hired after June 30, 2011, shall pay one hundred percent (100%) of the after-added benefits of their PERS plan (2.51%).
7.2.2. Employees hired on or after January 1, 2013, pursuant to the California State Legislature’s passage of the Public Employees’ Pension Reform Act (PEPRA) in 2012, who are defined as “new members” in California Government Code Section 7522.04(f), shall receive the 2% at 62 pension benefit formula, as specified in Government Code Section 7522.20(a).
7.2.2.1 Effective July 1, 2013, new members subject to the 2% at 62 formula shall contribute 50% of the total “normal cost” as defined in Government Code Section 7522.04(g). 90
Nothing in this Agreement shall be interpreted as preventing the City and the Association from agreeing in the future to increased employee contributions; or to an available reduced benefit formal for future hires.
7.2.3 Retirement Medical Benefit:
7.2.3.1 The City will contribute fifty percent (50%) of the employee-only premium for health insurance upon retirement, provided the employee has been employed with the City of Cloverdale for eighteen (18) years or longer and has reached the age of fifty (50) years.
7.2.3.2 The City will not contribute to the retiree health premiums of employees hired after June 30, 2011.
7.2.4 Retirement Medical Benefit for Spouse: The City will make available medical insurance for the employee’s spouse at the sole expense of the employee.
7.3 Miscellaneous Benefits
7.3.1 Emergency Medical Technician: The City agrees to pay fifty dollars ($50) per month to each employee currently holding a current Emergency Medical Technician (EMT) certificate in addition to all other pay.
7.4 Uniform Allowance
7.4.1 Allowance Amounts: Effective July 1, 2014, the City agrees to pay as a uniform allowance to all employees listed in this article the following amounts:
1) Dispatchers: One thousand twenty-five dollars ($1,025) per year 2) Part-Time Dispatchers: After two thousand (2,000) hours of work as a part-time Dispatcher, through a memo from the department head, a check equal to twenty-five percent (25%) of the current full-time Dispatcher’s clothing allowance will be paid to the part-time Dispatcher.
3) Police Records Technician: One thousand twenty-five dollars ($1,025) per year
7.4.1.1 Said uniform allowance shall be paid annually and be included in the employee’s regular paycheck for the first full pay period in January each year. Employees who separate employment for any reason (i.e., retirement, termination, voluntary separation or resignation) prior to working a full year following receipt of the annual uniform allowance shall be required to pay a pro-rata share of the uniform allowance.
A newly hired employee will not receive a uniform allowance until the employee has completed a year of service. Upon completing a year of service, the employee will receive a pro-rated uniform allowance. The uniform allowance will be paid the first full pay period following the completion of one year. The uniform allowance will be prorated based upon the remaining months in the calendar year. If after receiving this payment the employee separates employment for any reason (i.e., retirement, termination, voluntary separation or resignation) prior to the first full pay period in 91
January of the following year, the employee shall be required to pay a pro-rata share of the uniform allowance.
7.4.1.2 The City will provide necessary uniform components to newly hired employees during the course of the year, to a standard set by the Chief of Police or his/her designee.
Any newly hired employee will not receive a uniform allowance until successfully completing the required probationary period.
7.4.1.3 The standard uniform components for any newly hired full-time employee shall consist of:
1) Four (4) shirts (two short-sleeve and two long-sleeve) 2) Two (2) pants or two (2) skirts (or comparable equivalent combination) 3) Belt
4) Name Tag
5) All patches
6) Badge (property of City of Cloverdale)
7.4.2 Reimbursement for Uniforms and Uniform Equipment: The City agrees to reimburse employees for uniforms and uniform equipment that are damaged or stolen during duty hours or while stored at a City facility, provided that the employee made a reasonable effort to safeguard the uniform and/or uniform equipment. Reimbursement shall be based upon the residual value of the item, based upon its current cost.
7.5 Vacation
7.5.1 Rate: Vacation time will be accrued as per the following schedule. Vacation days are based upon a ten (10) hour day.
Length of Service
(in Months)
Vacation Accumulation
(Hours per Year)
0 – 24 Months 130 Hours
25 – 60 Months 150 Hours
61 – 120 Months 180 Hours
121 – 180 Months 210 Hours
181 or more Months 330 Hours
7.5.2 Accumulation: Employee shall be permitted to accumulate vacation during the year without limit. Employees shall carry over a maximum of 350 hours of vacation time each year. Any hours above the cap will be cashed out the last pay period each December.
7.5.3 Election to Cash-Out Future Vacation Accruals:
The City agrees that employees may, with the approval of the Chief of Police or his/her designee request to sell back up to eight (8) days of vacation the employee will accrue in the next calendar year if they have used at least 80 hours of vacation within the prior twelve months, preferably with the vacation 92
being taken in forty (40) or eighty (80) hours blocks of time. Any vacation request that was denied during the prior twelve-month period would be honored as vacation time taken.
Such requests must be approved by the City Manager.
Effective December 2024, and during the month of December each year thereafter, there will be an irrevocable election period during which each bargaining unit member may make an irrevocable election to cash out certain vacation that will be accrued during the following year (the “cash-out year”) on the form prescribed by Human Resources. The number of hours that the bargaining unit member intends to cash out must be indicated at that time. Failure to timely submit a properly completed irrevocable election form shall be the same as making no election.
The cash-out of future vacation accruals is subject to the following conditions:
• An employee must have used at least eighty (80) hours of vacation for actual time off from work, including vacation requests that were denied, during the twelve (12) month period preceding the election.
• Any vacation time actually taken by the employee during the cash-out year will be subtracted first from any carryover hours which existed at the end of the prior year and then from vacation hours accrued in the current year for which no election has been made.
• An irrevocable election form for the following calendar year must be received and accepted by Human Resources no later than December 31st of the prior calendar year. • The election to cash-out leave hours in each designated year will be irrevocable and will only apply to the upcoming calendar year. This means that employees who elect to cash-out leave hours must cash out the number of accrued hours pre-designated on the election form. The amount of accrual hours designated for cash-out cannot be increased or decreased at the time of cash-out. • In no event will a cash out payment exceed the value of hours the employee has actually accrued for the period of time between January 1 and the distribution date in any given year. • All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit the first full pay period in either June and/or December following accrual of the hours designated for cash out.
All requests must be approved by the City Manager
7.6 Workday/Work Week
7.6.1 Work Day Defined: The City agrees that the workday for employees shall be ten (10) consecutive hours, within which are included reasonable meal period(s).
7.6.2 Work Schedule Defined: The normal work schedule shall consist of consecutive workdays, followed by consecutive days off.
7.6.3 Daylight Savings Time: For the purpose of payroll and scheduling, the annual change in hours created by changing from daylight savings time to standard time shall result in the following:
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Shift workers on duty when standard time goes into effect will work an additional hour on their shift and be compensated at the overtime rate for the hour.
Shift workers on duty when daylight saving time goes into effect will be allowed to continue working for an additional hour at the employee’s regular rate of pay or to take one hour of leave time (vacation, compensatory time off or floating holiday) if they elect not to do so. If the employee elects to work the additional hour that hour will not be credited toward any overtime pay, unless the employee is already working an overtime shift then the hour will be compensated at the overtime rate of pay.
7.6.4 Special Event Notification: The City shall provide association members with a minimum of fourteen (14) calendar days’ notice prior to mandating members to work overtime created by special events, unless the City receives less than fourteen (14) calendar days’ notice of a special event. At which time the City shall notify members as soon as they are aware of the special event.
Mandatory staffing or adjustments to shifts shall be made by seniority in reverse order if the shifts cannot be filled on a voluntary basis. Previously approved vacation and compensatory time off scheduled on special event dates shall not be subject to cancellation to achieve special event staffing.
7.6.5 Shift Selection: Dispatcher and Dispatch Supervisor positions are full-time dispatch positions and shall select shift on a seniority basis.
7.7 Overtime/Compensatory Time
7.7.1 Overtime Rate:
1) Dispatchers and Police Records Technician: Employees may work overtime with the prior approval of the Chief of Police or his/her designee. Overtime will be paid at one-and-onehalf (1.5) times the employee’s regular rate for all hours in a paid status in excess of forty (40) hours in a workweek.
2) Part-Time Dispatchers: Overtime pay will be computed at one-and-one-half (1.5) times straight pay for all work in excess of ten (10) hours in a workday.
7.7.2 Compensatory (Comp) Time:
7.7.2.1 With the prior approval of the Chief of Police or his/her designee, overtime may be earned as compensatory time, at the rate of one-and-one-half (1.5) times the employee’s straight time per overtime hour worked, up to a maximum banked amount of eighty (80) hours.
7.7.2.2 An employee may only use or cash out CTO during the calendar year in which it Is earned.
7.7.2.3 All accrued and unused CTO balances will be cashed out on the last pay day of each calendar year so that the employee's CTO account is reduced to a zero balance. 94
7.7.2.4 Employees may use or cash out CTO accrued at any time during the calendar year (with approval of the Chief of Police or his/her designee), prior to the last full pay period of the calendar year. No unused CTO hours may be carried over to a subsequent calendar year. No CTO can be elected for overtime worked during the last pay period of the calendar year.
7.7.2.5 Employees will not have the option to take CTO instead of cash when the Department is reimbursed by another governmental agency for Overtime worked by the employee.
Overtime earned in accordance with the FLSA will be paid in the pay period in which it is earned.
7.7.2.6At any time, an employee may sell back all or any part of accumulated comp time. Any such sell back shall occur as part of a regular paycheck.
7.7.2.7The use of accumulated comp time will be at the request of the employee with the approval of the Chief of Police or his/her designee.
7.7.2.8When used, comp time hours shall not be considered hours in a paid status for the purpose of computing overtime.
7.8 Sick Leave
7.8.1 Accrual Rate: Employees shall accrue sick leave at the rate of ten (10) hours for each month of service.
7.8.2 Maximum Accumulation: Accumulation of sick leave will be limited to two hundred (200) working days.
7.8.3 Compensation for Unused Sick Leave: Upon termination or retirement, the City will compensate employees for 35% of accrued but unused sick leave, up to, but not in excess of a two thousand (2,000) hour cap. The compensation shall be calculated based upon the employee’s hourly rate at the time of termination or retirement.
7.8.4 Sick Leave Incentive Program: Employee use of sick leave within a calendar year may qualify for conversion of unused sick leave to vacation leave, based upon the following utilization schedule.
Usage of Sick Leave (Hours per Year) Conversion of Existing Balance to Vacation
Leave (in Hours)
0 – 10 Hours Up to 40 Hours
More than 10 but less than 21 Hours Up to 16 Hours
21 or more Hours No Conversion
7.8.5 Conversion of Sick Leave upon Retirement: To the extent provided by PERS regulations, any unused sick leave upon retirement may be converted to years of service for PERS purposes. 95
7.9 Court, Standby Callback and Meetings
7.9.1 Callback: Callback shall apply only to those situations where an employee’s shift is changed within twenty-four (24) hours prior to the start of his/her shift, or if called back on his/her scheduled days off. Employees shall receive two (2) hours credit, in addition to total time worked, when the employee is called back during non-duty hours. Said two (2) hours are to be computed at straight time; provided, however, that once an employee has been called back, he/she shall not receive additional callback hours’ credit for any subsequent callbacks within three (3) hours of the beginning of the previous callback.
7.9.2 Standby: When the City requires an employee to remain available for callback at any time, the employee shall receive standby pay. Standby time shall be compensated at one (1) hour of base pay, payable at straight time, per eight (8) hours of standby time, with a minimum of one (1) hour paid.
7.9.3 Extended Shift: Employees ordered by the Chief of Police or his/her designee to extend their shift will be compensated at two (2) hours in addition to time worked. Said two (2) hours are to be compensated at straight time.
7.9.4 Court Time: Court time shall be authorized at the discretion of the Chief of Police or his/ her designee. Minimum compensation for court appearances will be compensated at three-andone-half (3.5) hours. The described court time shall be one-and-one-half (1.5) times the hourly rate. If the employee’s court appearance extends beyond the minimum three-and-one-half (3.5) hours’ compensation, the employee shall also be compensated for the additional time at a rate of one-and-one-half (1.5) times the employee’s straight time pay rate. At no time will the employee be allowed to claim the minimum court time plus the actual time in court.
City recognizes the inconvenience court-generated standby creates for the employee and will endeavor to do everything the City can to limit the employee’s inconvenience. The Chief of Police or his/her designee will continue to monitor subpoenas and limit the number of employees required to attend court hearings. Additionally, the department will, upon request, provide departmental pagers to employees serving on court standby. The pagers will have sufficient range to enable the employee to travel freely throughout the County.
When the Court requires an employee to remain available for callback at any time, the employee shall receive standby pay. Standby pay shall be compensated at the rate of two-and-one-half (2.5) hours per eight (8) hours of such standby time, with a minimum paid of two-and-one-half (2.5) hours. Compensation will be at straight time.
7.9.5 Mandatory Squad Meetings: The Association and the City realize the value and necessity of Squad Meetings. It is agreed and understood that all employees are required to attend the regularly scheduled quarterly squad meetings. All squad meetings will be scheduled at least ninety (90) days in advance and shall not be canceled unless a forty-eight (48) hour cancellation notice is given to the employees, unless cancellation is deemed an emergency. 96
7.9.6 Administrative On-Call Time: The Dispatch Supervisor shall be granted five (5) additional administrative days off per year for being on-call. Administrative leave shall have no compensated value if not utilized within the year period. The year period is a calendar year.
7.10 Additional Incentives
7.10.1 Educational Incentive: Employees hired prior to the ratification of this MOU shall receive compensation of one percent (1%) of their regular base wage for every twenty (20) units of college credit completed toward a degree program. Such compensation shall not be given for credits completed toward a second degree. The maximum allowable college credits will not exceed 120 units.
Employees hired after the ratification of this MOU, the educational pay incentive above will be for college credits toward a job-related degree, as approved by the Chief of Police.
7.10.2 Bi-Lingual Proficiency: City's bilingual pay program shall provide for two levels of interpretation skills, duties and competence. Qualifications and certification to such positions shall be determined by the Chief of Police or his/her designee in consultation with the Personnel Officer.
To continue receiving the bilingual pay the employee may not refuse to interpret or translate, and the employee shall be required to re-qualify every two (2) years. Requalification shall be determined by a methodology which best meets the City’s needs.
7.10.2.1 Conversational: The normal level of providing oral interpretation between English and Spanish language. The compensation for this level shall be one hundred fifty dollars ($150) per month.
7.10.2.2 Advanced: The advanced level of providing written translation to translate technical documents and concepts with a client in addition to the skills and abilities required at the conversational level. The compensation for this level shall be three hundred dollars ($300) per month.
7.10.3 Wellness Incentive Program: The City will offer a Wellness Incentive Program to employees.
Employees will be eligible to receive three hundred dollars ($300) per calendar year on a reimbursement basis for participation in an organized physical fitness program, or healthrelated class, or to purchase items used for the purpose of maintaining physical fitness.
Eligibility for reimbursement will be determined by the prior approval of the program activity by the City Manager or his/her designee.
7.11 P.O.S.T.
7.11.1 Certificate Pay: The City shall add to the base salary of each permanent, full-time employee who has been awarded an Intermediate Certificate from P.O.S.T. the amount of one hundred dollars fifty ($150) per month; and the City shall add to the base salary of each permanent, full-time employee who has been awarded an Advanced Certificate from P.O.S.T. the amount of two hundred fifty dollars ($250) per month. A full-time employee who has been awarded an Intermediate and an Advanced Certificate shall, therefore, have the amount of four hundred dollars ($400) added to his/her base monthly salary. If an employee attains a new Intermediate or Advanced Certificate during the year, the applicable certificate pay will go into effect as of the first full month following the attainment.
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7.11.2 The Police Records Technician may be required to serve in dispatch at the Police Chief or designee’s discretion. This requires 24 hours of P.O.S.T. continued professional training (CPT) every 2 years as required for dispatchers. The Police Records Technician is eligible to be paid up to four hundred dollars ($400) per months, if he/she has been awarded dispatch/records P.O.S.T. certificates: the P.O.S.T. Intermediate Dispatch Certificate (one hundred dollars ($100); the P.O.S.T. Advanced Dispatch Certificate (one hundred fifty dollars ($150); and the P.O.S.T.
Records Supervisor Certificate (one hundred fifty dollars ($150). Payment for an applicable certificate will go into effect as of the first full month following the employee’s attainment.
Employee will provide a copy of the Certificate(s) to the Personnel Officer before payment will commence.
7.11.3 Training: Upon prior approval of the Chief of Police or his/her designee, employees may be assigned to training class on an annual basis. The Chief of Police or his/her designee may use staffing, budget constraints and a list of training attained by dispatchers in determining if an employee should receive the additional training.
7.12 Leave
7.12.1 Bereavement: Any employee who is absent from work by reason of the death of a member of the employee’s immediate family may be allowed up to five (5) days per incident, with up to a maximum of three (3) work days with full pay per incident. However, when it is reasonable and necessary and good cause is shown, and upon approval of the Chief of Police or his/her designee, three (3) additional paid workdays may be granted to such leave. Time off does not need to be taken consecutively. In order to receive compensation while absent on bereavement leave, the employee shall notify his/her immediate supervisor or Chief of Police prior to the time set for the beginning of his/her regular duties. Immediate family shall include the spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, step-sibling, uncle, aunt, nephew, niece, father-in-law, mother-in-law, sisterin-law, brother-in-law, son-in-law, or daughter-in-law of the eligible employee. Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager or his/her designee. The City’s Bereavement Leave policy will be implemented consistent with AB 1949.
7.12.2 Holidays for Dispatchers: The following holidays shall be recognized:
Holiday Recognition
1 New Year’s Day January 1
2 Martin Luther King’s Birthday 3rd Monday in January
3 Lincoln’s Birthday February 12
4 Washington’s Birthday 3rd Monday in February
5 Memorial Day Last Monday in May
6 Independence Day July 4
7 Labor Day 1st Monday in September
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8 Admission Day September 9
9 Columbus Day 2nd Monday in October
10 Veteran’s Day November 11
11 Thanksgiving Day As designated
12 Friday after Thanksgiving As designated
13 Christmas Eve December 24
14 Christmas Day December 25
15 Floating Holiday Employee’s discretion
Compensation for the above designated holidays (#1-14) shall be paid on an annual payment system to full-time employees on the last payday of November of each year. EXCEPTION: The floating holiday will not be compensated in the annual holiday pay. Employees must use this holiday annually.
Part-time dispatcher(s) will be paid at one-and-one-half (1.5) times their straight time rate for working any portion of holidays #1 - #14.
7.12.3 Holidays for Police Records Technician: The following holidays shall be recognized:
Holiday Recognition
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday in
President's Day 3rd Monday in
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in
Veteran's Day November 11
Thanksgiving Day As designated
Friday after Thanksgiving As designated
Christmas Eve December 24
Christmas Day December 25
In addition to the above-described holidays, employees have four (4) floating holidays per year in exchange for previously approved holidays:
Lincoln's Birthday February 12
Admissions Day September 9
Columbus Day Second Monday in October
Floating Holiday Employee's Discretion
Floating holidays shall accrue to employees on the dates corresponding to the actual holidays, and reflected on the City's leave accounting system on the next regular payroll following the close of the payroll period during which the holiday falls.
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The floating holidays may be used at the employee's discretion, with the prior approval of the employee's supervisor or Department Head, or his/her designee. Such request for use and related approval shall be in conformance with the City's regular policies governing the use of any and all leave. Once floating holidays are earned and accrued, employees may request that floating holiday time in any banked amount be converted to a dollar value and paid out on a regular payroll. In no event shall employees be allowed to carry more than eighty (80) hours of floating holiday time on the City's leave accounting system; therefore, balances above this limit shall be paid on the employee's next regular payroll.
7.12.4 Jury Duty: When an employee is called to Jury Duty during a workday, the City currently pays the employee’s regular salary. If an employee has to respond for Jury Duty, that will be considered the employee’s workday, excepting when the Police Chief or his/her designee determines that limited manpower necessitates the employee’s filling of his/her regular shift.
7.13 Training Expense Reimbursement
Upon prior approval of the Chief of Police or his/her designee, employees may be reimbursed for expenses incurred in attending training sessions, seminars, etc. Such expenses include, but are not limited to, books, tuition and travel. Mileage for private vehicles will be reimbursed at the City-approved rate.
7.14 Insurance Programs
7.14.1 Health Insurance: The City shall pay all health and welfare insurance coverage as provided for in the Redwood Empire Municipal Insurance Fund (REMIF)-sponsored Health Plan. The employee may select the above-mentioned plan or other coverage as offered through the City.
If any plan other than the REMIF plan is selected by the employee, the employee is responsible for any amount of premium difference. Effective the first full pay period in October 2011, employees shall pay five percent (5%) of the cost of their medical insurance premium.
Effective July 1, 2025, the City’s medical contribution will be benchmark at 95% of the REMIF EPO 500 Plan.
Effective July 1, 2025, the City will contribute towards an employee-owned Health Reimbursement Account (HRA) for employees and their dependents who are on the REMIF or Kaiser plan. Each July the annual contribution will be:
Employee Only: $500.00 per year
Employee + 1: $1,000.00 per year
Family: $1,500.00 per year
In addition, the City will provide group vision care; dental care; and life insurance in the amount of five thousand dollars ($5,000) per employee.
7.14.2 Life Insurance: In addition to the life insurance coverage cited in Section 7.14.1, the City agrees to maintain life insurance policies for each employee in the amount of the employee’s annual salary. The City agrees to pay the premium for said insurance. City shall determine the insurance benefit plan which provides the above life insurance policy limits. 100
7.14.3 Long-Term Disability: The City agrees to pay one-half (50%) of the cost of a Long-Term Disability Plan for employees. Said Plan will provide a monthly benefit of sixty percent (60%) of base salary, up to ten thousand dollars ($10,000) per month, and will provide a ninety (90) day waiting period before benefits commence.
7.15 Payments to Employees
The City agrees to continue to provide a detailed itemization of all non-salary payments for each employee.
The City will provide direct deposit of employee paychecks to banks, provided the City can provide such service at a reasonable fee.
7.16 Building Security
The City agrees that the outer lobby door of the police station may be locked between the hours of 9:00 p.m. and 7:00 a.m. for security purposes; provided, however, that the Chief of Police or his/her designee may issue operational rules regarding this subject.
7.17 Special Assignments
The City agrees to pay employees an additional five percent (5%) of base salary for the performance of special assignments upon approval of the Chief of Police or his/her designee. These assignments normally consist of performing additional work such as report writing and verifying accuracy of police officer-generated reports destined for use by the District Attorney or Courts.
7.17.1 Out of Classification Pay: An employee temporarily working out of classification (in a position in a higher range) for a period of not less than a single pay period and not more than a maximum of six (6) months will be entitled to a five percent (5.0%) increase in base wage for that period.
Upon mutual consent of the Association and the City Manager or his/her designee, such assignments may be extended beyond the six (6) months. Out of classification pay has no impact on an employee’s eligibility for additional pay to which s/he may be entitled.
7.18 Contract Distribution
Upon completion of negotiations and subsequent agreement, the MOU will be prepared, signed and copies distributed to each employee within thirty (30) days.
7.19 Business Cards
The City will pay the cost of business cards.
7.20 Merit Step Increases
An employee appointed at A-Step remains at A-Step for the first twelve (12) months of employment. An employee appointed at A Step shall receive a performance evaluation by the employee’s supervisor after six (6) months of employment.
Advancement to B-Step occurs after twelve (12) months of employment and upon completion of a satisfactory performance evaluation by the employee’s supervisor. 101
Advancement to C-Step occurs twelve (12) months later, upon the employee reaching twenty-four (24) months of employment and upon completion of a satisfactory performance evaluation by the employee’s supervisor.
Advancement to D-Step occurs twelve (12) months after that, upon the employee reaching thirty-six (36) months of employment and upon completion of a satisfactory performance evaluation by the employee’s supervisor.
Advancement to E-Step occurs twelve (12) months after that, upon the employee reaching forty-eight (48) months of employment and upon completion of a satisfactory performance evaluation by the employee’s supervisor.
An employee that does not receive a step increase due to an unsatisfactory performance evaluation shall be evaluated once more within six months. If the employee receives a satisfactory performance evaluation, the employee shall receive a step increase effective that date. The employee’s anniversary date/eligibility for the next salary step will not change as a result of the initial failure to receive a satisfactory performance evaluation.
If a satisfactory performance evaluation by the employee’s supervisor is provided after the applicable time period for step advancement, the employee shall be provided the step increase retroactive to the applicable date, to be paid on both base wages and overtime hours. In addition, the employee’s supervisor in his or her discretion may approve the step increase in advance of finalizing the applicable performance evaluation by notifying payroll that the employee’s performance for the applicable period was satisfactory.
ARTICLE 8. DISCIPLINARY ACTION
(In accordance with Personnel Resolution No. 75-93 – Rule 11)
8.1 Types of Action
The following are forms of disciplinary action: oral reprimand, written reprimand, suspension, demotion, reduction in pay and discharge.
8.2 Grounds for Discipline
Grounds or causes for discipline shall include, but not be limited to, the following:
a) Fraud in securing employment;
b) Incompetence;
c) Inefficiency;
d) Inexcusable neglect of duty;
e) Insubordination;
f) Blatant and intentional dishonesty;
g) Substance abuse which impairs ability to function in job class; h) Unexcused absence without leave;
i) Excessive absenteeism;
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j) Conviction of a felony or misdemeanor involving moral turpitude; k) Discourteous treatment of public or other employees; l) Willful disobedience;
m) Misuse of City property;
n) Violation of a City ordinance, rule or regulation;
o) Behavior during or misuse of official position outside of duty hours which is of such a nature that it causes discredit to the City;
p) Unlawful discrimination, harassment or retaliation against the public or other employees; q) Violation of any City personnel rule, General Order, MOU provision or departmental policy.
8.3 Authority to Discipline
The Chief of Police or his/her designee may institute discipline in the form of oral reprimand, written reprimand, or suspension for less than one day against any employee in the Police Department. The City Manager, or Chief of Police with the approval of the City Manager, may institute discipline in the form of suspensions of more than one day or demotion. The City Manager may discharge employees for cause. All discipline shall be in accordance with the procedures outlined in these rules.
8.4 Procedure
8.4.1 Written Reprimand: An employee who wishes to respond to a written reprimand must do so in writing within thirty (30) calendar days from receipt of discipline. The response should be made or submitted to the Chief of Police with a copy to the Personnel Officer. A copy of the employee’s written response will be placed in his/her personnel file.
8.4.2 Other Discipline: Prior to the suspension, demotion, reduction in pay or discharge of a regular employee for disciplinary purposes, the procedure set forth in this rule shall be followed.
8.5 Written Notice
Advance written notice of the proposed disciplinary action in the form of demotion, reduction in pay, suspension or discharge shall be given to the employee. The notice shall include the following:
a) A statement of the reason(s) for the proposed action, the charge(s) being considered, and the specific grounds and particular facts upon which the disciplinary action is proposed; b) A statement that the documents or materials upon which the proposed disciplinary action is based is either attached or available upon request;
c) A statement informing the employee of the right to respond in writing or verbally to the proposed disciplinary action, the date by which the employee must respond and the person to whom the employee should respond;
d) A statement informing the employee of his/her option to have a pre-disciplinary meeting.
All notices shall be personally served or shall be mailed by certified mail, return receipt requested, to the last known address of the employee. For notices personally served, the employee shall acknowledge in writing receipt of the notice at the time of presentation. 103
The employee shall be given ten (10) working days from the date of receipt in which to respond in writing or verbally to the designated authority. The response will be considered before disciplinary action is made. Failure to respond within this period of time will result in a waiver of the employee’s right to respond. One extension of five (5) additional days will be given upon a showing of good cause.
Written reprimands and suspensions of less than one day are not entitled to the Appeal Rights and Hearing Procedures as outlined in Section 8.6.
8.6 Appeal Rights and Hearing Procedures
Employees may appeal disciplinary actions to a hearing before an Appeals Board (“Board”) by filing a written request with the Personnel Officer within fifteen (15) calendar days after the demotion, dismissal, reduction in pay, or suspension for periods exceeding one (1) day is finalized. For purposes of this section, one day shall be defined as ten (10) hours for employees.
The Appeals Board shall have the authority to convene and conduct a full-scale evidentiary hearing.
The Appeals Board shall be created as a three-member board. One member shall be appointed by the City Council, and may or may not be a member of the City Council. One member shall be appointed by the aggrieved employee who has complied with the rules and regulations set forth herein. The third member shall be an Administrative Law Judge provided by the State Office of Administrative Hearings or a hearing officer chosen pursuant to a strike list provided by California State Mediation and Conciliation Services (CA-SMCS).
The parties shall mutually agree on the procedure for selecting the third member of the Board. If a hearing officer is to be chosen, the Personnel Officer shall request within ten (10) days of that decision a list of seven (7) hearing officers from the CA-SMCS. If mutual selection cannot be made from the list within five (5) calendar days, the parties shall select the hearing officer by alternately striking names until one lone name remains; that person shall serve as the third member of the Board. The party which strikes the first name from the list shall be determined by the toss of a coin.
The third member shall be the Chair of the Board, and shall rule on the admission or exclusion of evidence, and any procedural or evidentiary objections raised by either party. S/he may consult with the City Attorney or the Representative Attorney as necessary. The Appeals Board shall cease to exist once the Board has reached its decision on the appeal pending before it.
If possible, the appeal shall be heard within sixty (60) working days from the date it was filed. The parties shall make a mutual request that the Appeals Board render its decision within thirty (30) working days from the conclusion of the hearing, unless otherwise stipulated by the parties. The Board’s decision shall be by a majority of the Board. The decision shall set forth the Board’s findings and shall be binding on the employee and the City.
8.7 Relief of Duty
Notwithstanding the provisions of this rule, the City Manager or Chief of Police may approve the temporary assignment of an employee to a status of leave with pay pending completion of an investigation, or if extraordinary circumstances exist that require the immediate removal of the employee from the premises.
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ARTICLE 9. GRIEVANCE PROCEDURES
9.1 Purpose of Grievance Procedures
The grievance procedure shall be used to resolve any dispute which involves the interpretation or application of any City personnel rule, General Order, MOU provision or departmental policy. The grievance procedure shall not be used for:
a) The resolution of any complaint concerning any disciplinary action; b) The resolution of any complaint concerning any aspect of the performance evaluation process; or
c) The resolution of any complaint relating to any concerted refusal to work.
9.2 Informal Discussion of Grievance
When an employee has a complaint, the employee shall first informally discuss the matter with the employee’s immediate supervisor within fifteen (15) calendar days from the date of the incident or decision generating the grievance. If after a discussion with the immediate supervisor the complaint has not been satisfactorily resolved, the employee shall have the right to discuss the complaint informally with the supervisor’s immediate supervisor. If after such a discussion the complaint has not been satisfactorily resolved, the employee shall have the right to file a formal grievance.
9.3 Formal Grievance Procedure
a) An employee shall have the right to present a formal grievance, in writing, within five (5) working days after the informal discussion of the grievance with the immediate supervisor or the immediate supervisor’s supervisor. All formal grievances shall state the reasons for the grievance; the City personnel rule, General Order, MOU provision or departmental policy at issue; and the employee’s suggested solution.
b) The formal grievance shall be presented to the Chief of Police or his/her designee. S/he shall discuss the grievance with the employee and/or the employee’s representative. Within ten (10) working days after receipt of the formal grievance, the Chief of Police or his/her designee shall render a written decision regarding its merits. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule if the employee does not seek further review of the grievance within five (5) working days. c) If the Chief of Police’s decision does not satisfactorily resolve the grievance, the employee may present the formal grievance to the Personnel Officer. The Personnel Officer shall discuss the grievance with the employee and/orthe employee’s representative. Within fifteen (15) working days after meeting with the employee and the employee’s representative, the Personnel Officer shall render a written decision regarding the grievance. d) If the Personnel Officer’s decision does not satisfactorily resolve the grievance, or if the Personnel Officer fails to respond in writing as provided in Step (c) above, the employee shall 105
have the right to refer the grievance to binding arbitration. Such referral shall be made in writing to the Personnel Officer within ten (10) working days of receipt of his/her decision. e) At any time, the parties may mutually agree to an extension of the above deadlines.
9.4 Binding Arbitration
The binding arbitration procedure shall be as follows:
a) Within ten (10) days of receipt of the written request for binding arbitration, the Personnel Officer shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service (CA-SMCS).
If mutual selection cannot be made from the list within five (5) calendar days, the parties shall select the arbitrator by alternately striking names until one lone name remains; that person shall serve as the arbitrator. The party which strikes the first name from the list of arbitrators shall be determined by the toss of a coin.
The arbitration shall be conducted as a full-scale evidentiary hearing. b) Unless otherwise agreed to by both parties, expedited arbitration shall be used and shall include:
i. A mutual request that the arbitrator render a decision within sixty (60) calendar days from the conclusion of the hearing.
ii. No court reporter unless mutually agreed to by the parties. iii. No post hearing briefs unless mutually agreed to by the parties. c) The fees and expenses of the arbitrator and the court reporter, if required, shall be shared equally by both parties.
9.5 Arbitrator’s Decision
The decision of the arbitrator shall be final and binding.
9.6 Reprisals Prohibited
The City shall not institute any reprisals against any employee or any representative resulting from the use of the grievance procedure.
9.7 Grievance Preparation Time
An employee submitting a grievance and the employee’s representative may use a reasonable amount of time during working hours to prepare for and present the grievance.
ARTICLE 10. PRIOR MOU’S, RULES, REGULATIONS, ORDINANCES AND PRACTICES
10.1 Prior MOU’s
All prior MOU’s, rules, regulations, ordinances and practices covering the represented classes, except where herein modified, shall remain in full force and effect during the term of this MOU. 106
ARTICLE 11. CONTENT, TERMS AND RECOMMENDATIONS
11.1 Severability
If any article or section of this MOU should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this MOU shall remain in full force and effect for the duration of this MOU. In the event of invalidation of any article or section, the City and the Association agree to meet within thirty (30) days for purposes of renegotiating said article or section.
11.2 MOU Provisions Prevail
Any conflict between any section or part thereof of this agreement and any City or departmental rule, regulation, ordinance, code, resolution, procedure or practice existing as of the date of this agreement or adopted thereafter, shall be resolved in favor of the provisions contained in this agreement.
11.3 Term of Agreement
The term of this Memorandum of Understanding shall be from July 1, 2024 through June 30, 2026.
11.4 Representative Recommendation
The undersigned representatives of the City of Cloverdale and the Cloverdale Dispatchers’ Association, having met and conferred in good faith, have reached agreement on the items contained herein and mutually agree to recommend to the Cloverdale City Council and to the general membership of the Association that the terms of this agreement may be adopted.
11.5 Review of Personnel Rules, Regulations and Policies:
During the term of this agreement the parties agree to reconvene the Labor/Management Committee (LMC), with representatives from each of the employee Associations and unrepresented employees for the purpose of reviewing the City’s Personnel Rules, Regulations and Policies with the intent to establish current practices in human resources management and a high performance and continually improving organization. The parties recognize that any recommendations made by the LMC would be advisory and, where legally required, subject to meet and confer with the respective Associations.
CITY OF CLOVERDALE: CLOVERDALE DISPATCHERS’ ASSOCIATION:
David Kelley
City Manager
Date Tami Lemley
President Cloverdale
Dispatchers’ Association
Date
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Shannon Peterson
Finance & HR Manager
Date Darlene Strattan
Cloverdale Dispatchers’
Association
Date
Patrick Clark
Chief Labor Negotiator
Date Cheryl Schiele
Employee Representation
Services, Inc.
Lead Negotiator
Date
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ATTACHMENT A TO MOU
The base salaries for the classifications represented by the Cloverdale Dispatchers’ Association as of July 1, 2024 are as follows:
Position Step Hourly Biweekly Monthly Annually
Dispatcher 1 $31.3922 $2,511.37 $5,441.31 $65,295.73
2 $32.9618 $2,636.94 $5,713.38 $68,560.52
3 $34.6099 $2,768.79 $5,999.05 $71,988.55
4 $36.3404 $2,907.23 $6,299.00 $75,587.97
5 $38.1574 $3,052.59 $6,613.95 $79,367.37
Position Step Hourly Biweekly Monthly Annually
Dispatch Supervisor 1 $36.0584 $2,884.67 $6,250.12 $75,001.43 2 $37.8613 $3,028.90 $6,562.63 $78,751.50
3 $39.7544 $3,180.35 $6,890.76 $82,689.08
4 $41.7421 $3,339.37 $7,235.29 $86,823.53
5 $43.8292 $3,506.33 $7,597.06 $91,164.71
Position Step Hourly Biweekly Monthly Annually
Police Records Technician 1 $28.4820 $2,278.56 $4,936.88 $59,242.56 2 $29.9061 $2,392.49 $5,183.72 $62,204.69
3 $31.4014 $2,512.11 $5,442.91 $65,314.92
4 $32.9715 $2,637.72 $5,715.06 $68,580.67
5 $34.6200 $2,769.60 $6,000.81 $72,009.70
The base salaries for the classifications represented by the Cloverdale Dispatchers’ Association as of July 1, 2025 are as follows:
Position Step Hourly Biweekly Monthly Annually
Dispatcher 1 $32.3339 $2,586.72 $5,604.55 $67,254.59
2 $33.9506 $2,716.05 $5,884.78 $70,617.32
3 $35.6482 $2,851.85 $6,179.02 $74,148.19
4 $37.4306 $2,994.45 $6,487.97 $77,855.60
5 $39.3021 $3,144.17 $6,812.36 $81,748.38
Position Step Hourly Biweekly Monthly Annually
Dispatch Supervisor 1 $37.1401 $2,971.21 $6,437.62 $77,251.48 2 $38.9971 $3,119.77 $6,759.50 $81,114.06
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3 $40.9470 $3,275.76 $7,097.48 $85,169.76
4 $42.9944 $3,439.55 $7,452.35 $89,428.25
5 $45.1441 $3,611.53 $7,824.97 $93,899.66
Position Step Hourly Biweekly Monthly Annually
Police Records Technician 1 $29.3365 $2,346.92 $5,084.99 $61,019.84 2 $30.8033 $2,464.26 $5,339.24 $64,070.83
3 $32.3434 $2,587.48 $5,606.20 $67,274.37
4 $33.9606 $2,716.85 $5,886.51 $70,638.09
5 $35.6587 $2,852.69 $6,180.83 $74,169.99
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MEMORANDUM OF UNDERSTANDING
Between
THE CLOVERDALE DISPATCHERS’ ASSOCIATION
and
THE CITY OF CLOVERDALE
July 1, 2022 2024 – June 30, 20242026
The representatives of the City of Cloverdale (“the City”), and the representatives of the Cloverdale Dispatchers’ Association (“the Association”), having met and conferred in good faith, have mutually agreed to the following Memorandum of Understanding (MOU) and that the wages, hours and other terms and conditions set forth hereafter be implemented.
ARTICLE 1. DEFINITIONS
1.1 Employer
The term “City” referred to herein shall be the City of Cloverdale.
1.2 Association
The term “Association” referred to herein shall be the Cloverdale Dispatchers’ Association.
1.3 Employee
The term “Employee” referred to herein shall be all employees of the City of Cloverdale listed in Article 2 of this MOU.
ARTICLE 2. RECOGNITION
The City hereby recognizes the Association as the sole and exclusive bargaining agent for the classes listed below, for all matters within the scope of representation:
1) Dispatcher
2) Part-Time Dispatcher (covered in specific provisions) 3) Dispatch Supervisor
3)4) Police Records Technician
ARTICLE 3. HIRING PROVISIONS
3.1 Non-Discrimination
No employee covered by the Agreement shall be discriminated against by the City, or by the Association, by reason of race, color, religion, sex, age, sexual orientation, marital status, disability, national origin or other status as protected by the Fair Employment and Housing Act, (Government Code § 12940). 111
3.2 Employment
The City shall not discharge or otherwise discriminate against any employee by reason of Association activities not interfering with the proper performance of his/her work.
ARTICLE 4. CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
ARTICLE 5. ASSOCIATION RIGHTS
5.1 Employee Contact
5.1.1 Association Representative(s) shall have the right to contact individual employees working within the unit on matters of Association business, providing such contact does not unduly interfere with the work of the employee or the City. When contact is made at the work site of the employee during normal business hours, it shall be after prior approval of the employee’s supervisor.
5.2 Meetings
5.2.1 Timing of Association Meetings: Any authorized representative of the Association shall be permitted to conduct employee meetings on matters within the scope of representation in City facilities, before and after shifts and during meal periods, provided that reasonable notice is given to the Chief of Police or his/her designee.
5.2.2 Use of City Facilities: The Association shall have use of City facilities for meetings of employees and the Association, provided that the Association has requested the facility reasonably in advance of the meeting and has received approval from the Chief of Police or his/her designee.
5.3 Communications
5.3.1 Use of City’s Interdepartmental System: Any use of City’s interdepartmental system by any person for Official service or notification is done at the sender’s risk of non-receipt by the addressee, in which event such service or notification shall not be effective.
5.3.2 Use of City’s Bulletin Board(s) and Other City Equipment: The Association shall have the right to reasonable use of space on City bulletin boards and the City mail system within the standards set forth by the courts. The Association shall have reasonable use of the City telephone system to communicate with department employees.
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5.4 Release Time
The Association shall be granted reasonable release time without the loss of pay or benefits to engage in Association business. In all cases of release time, the Association shall notify the employee’s supervisor of the need for such release time and secure permission from the supervisor before leaving a work assignment.
5.5 Exclusive Rights
5.5.1 Representation by the Association: The City recognizes the exclusive right of the Association to represent members of the bargaining unit on all matters relating to employment conditions and employer-employee relations subject to the employee’s right of self-representation pursuant to Government Code § 3503.
5.5.2 Access to Employees Presenting Grievances: The Association shall have access to any employee or employees presenting a grievance.
5.6 Check-Off
5.6.1 Authorization for Payroll Deductions: Payroll deductions for the periodic membership dues, initiation fees and general assessments of the Association shall be made by the City on behalf of the Association from the paycheck of each employee whom the Association certifies has affirmatively consented to such dues deduction. The City shall remit the deducted membership dues to the officer(s) of the Association designated in writing by the Association.
The Association will maintain individual employee authorizations for payroll deductions, signed by the individual from whose wages the deduction is to be made. The City shall rely upon written notification from the Association for any employee requests to cancel, initiate or change payroll deductions for dues. The Association will obtain and maintain voluntary written authorization for dues deductions.
Dues deductions shall automatically renew unless written notice is provided by the Association.
Deduction notification will be provided to the City’s Payroll Division. Change, cancellation and deduction requests received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.
5.6.2 Indemnification by the Association: The Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any threatened or actual claims, demands, lawsuits, or any other action arising from the operation of this Section and from the use of such monies by the Association.
ARTICLE 6. EMPLOYEE RIGHTS
6.1 General
Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment. Employees 113
also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by an employee organization because of his/her exercise of these rights.
6.2 Representation by Association
Association representatives shall have access to any employee or employees presenting a grievance and employees have the right to have the Association representative represent him or her at all stages of disciplinary actions.
ARTICLE 7. WAGES, HOURS AND WORKING CONDITIONS
7.1 Salaries
7.1.1 One-time Distribution: The City shall issue $2000 gross non-PERSable lump sum payment less applicable deductions the first full pay period following City Council approval of this MOU to employees employed on the date the City Council approves this MOU.
Year 1: Effective July 1, 20222024, all classifications covered by this agreement shall receive a 54% cost-of-living adjustment the first full pay period following Association ratification and City Council approval of MOU.
Year 2: Effective July 1, 20232025, all classifications covered by this agreement shall receive a 3% cost of living adjustment. equivalent to the percent change in the consumer price index for the period April of the prior year to April of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 1% or more than 4%.
7.1.2 Longevity Plan: Employees shall be eligible for longevity pay as follows:
Length of Service Longevity Pay
(Percent of Base Salary)
Completion of Five (5) Years of Service 2%
Completion of Ten (10) Years of Service 4%
Completion of Fifteen (15) Years of Service 6%
Completion of Twenty (20) Years of Service 8%
For purposes of this section, “Length of Service” is defined as continued, uninterrupted service with the City. Longevity pay percentages are not additive (for example, an employee with fifteen (15) years of service is entitled to only four percent (4%) of base salary as longevity, not 2% plus 4% equaling 6%).
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7.1.3 Extended Longevity Pay: Employees shall be eligible for extended longevity pay. City shall pay into individual employee ICMA accounts in accordance with the following schedule:
Length of Service Extended Longevity Pay
(Percent of Base Salary)
Ten (10) Years of Service 1.5%
Fifteen (15) Years of Service 2%
For purposes of this section, “Length of Service” is defined as continuous, uninterrupted service with the City. Extended Longevity pay percentages are not additive. Payment shall commence on the first payday following the employee’s hiring anniversary and shall include a pro-rata amount for any period of time between the hire anniversary and the first payday.
Employees hired after June 30, 2011, are not eligible for Extended Longevity pay.
7.1.4 Specialty Pay: Compensation for additional duties and responsibilities unique to the classification (applicable only during tenure of the responsibility) is as follows: Communications Training Officer to receive five percent (5%) additional compensation on paychecks where reflected on their time sheets.
7.1.5 Shift Differential Premium Pay: Employees for whom the majority of their assigned shift hours are after 1900 (currently the swing and graveyard shifts) shall receive a 5% shift differential pay for the assigned scheduled shift hours actually worked after 1900. Shift differential pay shall not apply to hours worked outside the employee's assigned schedule, including call-back time and time worked immediately preceding or following an employee's assigned shift. Shift differential pay also shall not apply to paid leave hours, including but not limited to vacation, sick and compensatory time off hours.
7.2 Retirement
7.2.1 Public Employees’ Retirement System (PERS) : The City shall provide retirement benefits under the Public Employees’ Retirement System (PERS) plan commonly known as the 2% @ 55 Retirement Plan. The City will also provide the “highest 12 consecutive month” benefit. The City shall provide the 1959 Survivor Benefit, Level IV. Employees hired prior to January 1, 2013, or individuals that are hired on or after that date that are not defined as “new members” pursuant to Government Code Section 7522.04(f), shall be subject to this formula.
7.2.1.1 Effective the first full pay period in October 2011, employees shall pay one-third (1/3) of the cost (.837%) of the after-added benefits of their PERS plan in existence as of July 1, 2011.
7.2.1.2 Effective the first full pay period in October 2012, employees shall pay a total of twothirds (2/3) of the cost (1.67%) of the after-added benefits of their PERS plan in existence as of July 1, 2011.
7.2.1.3 Employees hired after June 30, 2011, shall pay one hundred percent (100%) of the after-added benefits of their PERS plan (2.51%).
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7.2.2. Employees hired on or after January 1, 2013, pursuant to the California State Legislature’s passage of the Public Employees’ Pension Reform Act (PEPRA) in 2012, who are defined as “new members” in California Government Code Section 7522.04(f), shall receive the 2% at 62 pension benefit formula, as specified in Government Code Section 7522.20(a).
7.2.2.1 Effective July 1, 2013, new members subject to the 2% at 62 formula shall contribute 50% of the total “normal cost” as defined in Government Code Section 7522.04(g).
Nothing in this Agreement shall be interpreted as preventing the City and the Association from agreeing in the future to increased employee contributions; or to an available reduced benefit formal for future hires.
7.2.3 Retirement Medical Benefit:
7.2.3.1 The City will contribute fifty percent (50%) of the employee-only premium for health insurance upon retirement, provided the employee has been employed with the City of Cloverdale for eighteen (18) years or longer and has reached the age of fifty (50) years.
7.2.3.2 The City will not contribute to the retiree health premiums of employees hired after June 30, 2011.
7.2.4 Retirement Medical Benefit for Spouse: The City will make available medical insurance for the employee’s spouse at the sole expense of the employee.
7.3 Miscellaneous Benefits
7.3.1 Emergency Medical Technician: The City agrees to pay fifty dollars ($50) per month to each employee currently holding a current Emergency Medical Technician (EMT) certificate in addition to all other pay.
7.4 Uniform Allowance
7.4.1 Allowance Amounts: Effective July 1, 2014, the City agrees to pay as a uniform allowance to all employees listed in this article the following amounts:
1) Dispatchers: One thousand twenty-five dollars ($1,025) per year 2) Part-Time Dispatchers: After two thousand (2,000) hours of work as a part-time Dispatcher, through a memo from the department head, a check equal to twenty-five percent (25%) of the current full-time Dispatcher’s clothing allowance will be paid to the part-time Dispatcher.
3) Police Records Technician: One thousand twenty-five dollars ($1,025) per year
7.4.1.1 Said uniform allowance shall be paid annually and be included in the employee’s regular paycheck for the first full pay period in January each year. Employees who separate employment for any reason (i.e., retirement, termination, voluntary separation or resignation) prior to working a full year following receipt of the annual uniform allowance shall be required to pay a pro-rata share of the uniform allowance. 116
A newly hired employee will not receive a uniform allowance until the employee has completed a year of service. Upon completing a year of service, the employee will receive a pro-rated uniform allowance. The uniform allowance will be paid the first full pay period following the completion of one year. The uniform allowance will be prorated based upon the remaining months in the calendar year. If after receiving this payment the employee separates employment for any reason (i.e., retirement, termination, voluntary separation or resignation) prior to the first full pay period in January of the following year, the employee shall be required to pay a pro-rata share of the uniform allowance.
7.4.1.2 The City will provide necessary uniform components to newly hired employees during the course of the year, to a standard set by the Chief of Police or his/her designee.
Any newly hired employee will not receive a uniform allowance until successfully completing the required probationary period.
7.4.1.3 The standard uniform components for any newly hired full-time employee shall consist of:
1) Four (4) shirts (two short-sleeve and two long-sleeve) 2) Two (2) pants or two (2) skirts (or comparable equivalent combination) 3) Belt
4) Name Tag
5) All patches
6) Badge (property of City of Cloverdale)
7.4.2 Reimbursement for Uniforms and Uniform Equipment: The City agrees to reimburse employees for uniforms and uniform equipment that are damaged or stolen during duty hours or while stored at a City facility, provided that the employee made a reasonable effort to safeguard the uniform and/or uniform equipment. Reimbursement shall be based upon the residual value of the item, based upon its current cost.
7.5 Vacation
7.5.1 Rate: Vacation time will be accrued as per the following schedule. Vacation days are based upon a ten (10) hour day.
Length of Service
(in Months)
Vacation Accumulation
(Hours per Year)
0 – 24 Months 130 Hours
25 – 60 Months 150 Hours
61 – 120 Months 180 Hours
121 – 180 Months 210 Hours
181 or more Months 330 Hours
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7.5.2 Accumulation: Employee shall be permitted to accumulate vacation during the year without limit. Employees shall carry over a maximum of 350 hours of vacation time each year. Any hours above the cap will be cashed out the last pay period each December.
7.5.3 Sell-Back Limitation: The City agrees that employees may, with the approval of the Chief of Police or his/her designee, sell back up to eight (8) days (eighty (80) hours per fiscal year. If a unique situation arises, an employee may apply to the City Manager through the Department Head for an exception to this provision. It is the City Manager’s discretion to grant or deny that request.
The parties agree that the ability to sell back vacation be conditioned upon the employee having taken two weeks (80) hours of vacation during the 12-month period immediately preceding the sell back, preferably with the vacation being taken in forty (40) or eighty (80) hours blocks of time.
A vacation request that was denied would be honored as vacation time taken.
Election to Cash-Out Future Vacation Accruals:
The City agrees that employees may, with the approval of the Chief of Police or his/her designee request to sell back up to eight (8) days (eighty (80) of vacation the employee will accrue in the next calendar year if they have a used at least 80 hours of vacation within the prior twelve months prior, preferably with the vacation being taken in forty (40) or eighty (80) hours blocks of time, prior to making the election. Any vacation request that was denied during the prior twelve-month period would be honored as vacation time taken.
Such requests must be approved by the City Manager.
Effective December 2024, and during the month of December each year thereafter, there will be an irrevocable election period during which each bargaining unit member may make an irrevocable election to cash out certain vacation that will be accrued during the following year (the “cash-out year”) on the form prescribed by Human Resources. The number of hours that the bargaining unit member intends to cash out must be indicated at that time. Failure to timely submit a properly completed irrevocable election form shall be the same as making no election.
The cash-out of future vacation accruals is subject to the following conditions:
An employee must have used at least eighty (80) hours of vacation for actual time off from work, including vacation requests that were denied, during the twelve (12) month period preceding the election.
Any vacation time actually taken by the employee during the cash-out year will be subtracted first from any carryover hours which existed at the end of the prior year and then from vacation hours accrued in the current year for which no election has been made.
An irrevocable election form for the following calendar year must be received and accepted by Human Resources no later than December 31st of the prior calendar yearfor the following calendar year. The election to cash-out leave hours in each designated year will be irrevocable and will only apply to the upcoming calendar year. This means that employees who elect to cash-out leave hours must cash 118
out the number of accrued hours pre-designated on the election form. The amount of accrual hours designated for cash-out cannot be increased or decreased at the time of cash-out. In no event will a cash out payment exceed the value of hours the employee has actually accrued for the period of time between January 1 and the distribution date in any given year. All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit the first full pay period in either June and/or December following accrual of the hours designated for cash out.
All requests must be approved by the City Manager
7.6 Workday/Work Week
7.6.1 Work Day Defined: The City agrees that the workday for employees shall be ten (10) consecutive hours, within which are included reasonable meal period(s).
7.6.2 Work Schedule Defined: The normal work schedule shall consist of consecutive workdays, followed by consecutive days off.
7.6.3 Daylight Savings Time: For the purpose of payroll and scheduling, the annual change in hours created by changing from daylight savings time to standard time shall result in the following:
Shift workers on duty when standard time goes into effect will work an additional hour on their shift and be compensated at the overtime rate for the hour.
Shift workers on duty when daylight saving time goes into effect will be allowed to continue working for an additional hour at the employee’s regular rate of pay or to take one hour of leave time (vacation, compensatory time off or floating holiday) if they elect not to do so. If the employee elects to work the additional hour that hour will not be credited toward any overtime pay, unless the employee is already working an overtime shift then the hour will be compensated at the overtime rate of pay.
7.6.4 Special Event Notification: The City shall provide association members with a minimum of fourteen (14) calendar days’ notice prior to mandating members to work overtime created by special events, unless the City receives less than fourteen (14) calendar days’ notice of a special event. At which time the City shall notify members as soon as they are aware of the special event.
Mandatory staffing or adjustments to shifts shall be made by seniority in reverse order if the shifts cannot be filled on a voluntary basis. Previously approved vacation and compensatory time off scheduled on special event dates shall not be subject to cancellation to achieve special event staffing.
7.6.5 Shift Selection: Dispatcher and Dispatch Supervisor positions are full-time dispatch positions and shall select shift on a seniority basis.
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