Minutes — Cloverdale City Council, September 25, 2024 (part 1 of 2)

City Council Meeting Minutes – September 25, 2024 - Page 1 of 4 124 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, SEPTEMBER 25, 2024
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. OPENING PUBLIC SESSION
A.1 CALL TO ORDER
Mayor Lands called the meeting to order at 6:00 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 CONFLICT OF INTEREST DECLARATION
None.

A.5 AGENDA REVIEW (CHANGES AND/OR DELETIONS)
None.

B. PUBLIC COMMENTS
None.

C. COMMUNICATIONS
C.1 WRITTEN COMMUNICATIONS:
• Natural Gas Should be a Valid Choice for Residents Seeking Resiliency - Koslowsky • Week Without Driving - Hernandez
• The Feds and the State are Coming for Your Air Conditioner - Koslowsky D. STUDENT LIAISON REPORT
Liaison Saito reported.

City Council Meeting Minutes – September 25, 2024 - Page 2 of 4 E. PROCLAMATIONS
E.1 LATINO HERITAGE MONTH
Vice Mayor Wheeler read the proclamation.

Recipient: Park Superintendent Galvan and Parks Maintenance Assistant Diaz on behalf of the Cloverdale Parks division
F. PRESENTATIONS
None.

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

The motion carried by the following vote:

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

Absent: (0)
G.1 APPROVAL OF DRAFT MINUTES - SEPTEMBER 11, 2024
Action: Approved as submitted.

G.2 UPDATE THE FY 2024-25 & 2025-26 BUDGETS TO INCLUDE NEPTUNE MY360

CONSUMER PORTAL CLOUD PLATFORM
Action: Resolution Adopted
RESOLUTION NO. 054-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A THREE-YEAR CONTRACT WITH FERGUSON WATERWORKS IN THE AMOUNT OF $31,709 TO PROVIDE NEPTUNE MY360 A CONSUMER PORTAL CLOUD

PLATFORM, AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT, AND AMEND THE FY 2024-25 WATER ENTERPRISE BUDGET TO ADD $31,709 TO THE BUDGET.

G.3 COOPERATIVE FUNDING AGREEMENT NO. G20100E1 BETWEEN THE SONOMA

COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF CLOVERDALE Action: Resolution Adopted
RESOLUTION NO. 055-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A NEW COOPERATIVE FUNDING AGREEMENT BETWEEN THE

SONOMA COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF CLOVERDALE AND

AUTHORIZING THE PUBLIC WORKS DIRECTOR OR CITY MANAGER TO EXECUTE THE AGREEMENT.

H. PUBLIC HEARINGS
None.

City Council Meeting Minutes – September 25, 2024 - Page 3 of 4 I. NEW BUSINESS
I.1 RECEIVE REPORT ON CITY’S INCLUSIONARY HOUSING ORDINANCE AND IN-LIEU FEE Assistant City Manager/Community Development Director Thompson reported and responded to Councilmember inquiries and comments.

City Council discussed and provided direction.

I.2 AUTHORIZATION FOR FAA AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT FOR

PRECISION APPROACH PATH INDICATOR (PAPI) AND RUNWAY END IDENTIFIER

LIGHTS (REIL) INSTALLATION AT THE CLOVERDALE MUNICIPAL AIRPORT City Manager Kelley reported and responded to Councilmember inquiries and comments.

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

RESOLUTION NO. 056-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE AUTHORIZING THE SUBMITTAL AND ACCEPTANCE OF AN FAA AIRPORT

IMPROVEMENT PROGRAM GRANT FUNDING AGREEMENT FOR DESIGN, BIDDING AND

INSTALLATION OF PRECISION APPROACH PATH INDICATOR (PAPI) LIGHTS AND RUNWAY END IDENTIFIER LIGHTS (REIL) ON RUNWAY 32 AT THE CLOVERDALE MUNICIPAL AIRPORT.

The motion carried by the following vote:

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

Absent: (0)
I.3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CLOVERDALE POLICE OFFICERS’

ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM

OF UNDERSTANDING ON BEHALF OF THE CITY
City Manager Kelley reported.

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

RESOLUTION NO. 057-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CLOVERDALE POLICE OFFICERS’ ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY.

I.4 LETTERS OF INTEREST SUBMITTED TO THE SONOMA COUNTY MAYORS’ AND COUNCILMEMBERS’ ASSOCIATION FOR THE MEASURE O CITIZENS OVERSIGHT

COMMITTEE APPOINTMENTS
City Manager Kelley reported.

City Council Meeting Minutes – September 25, 2024 - Page 4 of 4 City Council discussed and provided direction.

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
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 - December 17, 2024 (October 15 Cancelled) Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - TBD (October 22/November26/ December 24 Cancelled) K. COUNCILMEMBER REPORTS
Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.

K.1 Oral Reports:

Vice Mayor Wheeler reported - Plaza Survey: www.cloverdale.net/parksandrec Mayor Lands reported – League , Qualified Candidate Forum, Dog Park Shade Structure K.2 Written Reports:

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

M. CITY MANAGER/CITY ATTORNEY REPORTS
City Attorney Sanchez reported.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 6:44 p.m. to the next regular meeting of the Cloverdale City Council scheduled for October 23, 2024 (October 9, 2024).

APPROVED ON: October 23, 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 A. OPENING PUBLIC SESSION
A.1 Call to Order
A.2 Pledge of Allegiance
A.3 Roll Call
A.4 Conflict of Interest Declaration
A.5 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 7me. Pursuant to the Brown Act, the City Council is not allowed to consider issues or takeaction on any item not listed on the agenda. Three minutes are typically allotted to each speaker.

C. COMMUNICATIONS
Public wri8en communica7ons sent to Council on items not listed on the agenda may be discussed at this 7me.

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

C.1 Written Communications:

AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, SEPTEMBER 25, 2024
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
Natural Gas Should be a Valid Choice for Residents Seeking Resiliency - Koslowsky 1 D. STUDENT LIAISON REPORT
E. PROCLAMATIONS
E.1 Latino Heritage Month
Recipient: Cloverdale Parks Division
F. PRESENTATIONS
None.

G. CONSENT CALENDAR
All items under the Consent Calendar will be considered together by one ac7on of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.

G.1 Approval of Draft Minutes - September 11, 2024
Recommended Action(s):

Approve the September 11, 2024 Draft Minutes.

G.2 Update the FY 2024-25 & 2025-26 Budgets to Include Neptune My360 Consumer Portal Cloud Platform
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale approving a three-year contract with Ferguson Waterworks in the amount of $31,709 to provide Neptune My360 a Consumer Portal Cloud Platform, Authorize the City Manager to execute said agreement, and amend the FY 2024-25 Water Enterprise budget to add $31,709 to the budget.” G.3 Cooperative Funding Agreement NO. G20100E1 Between The Sonoma County Transportation Authority and The City of Cloverdale
Recommended Action(s):

Adopt a Resolution Entitled “A Resolution of the City Council of the City of Cloverdale approving a new cooperative funding agreement between The Sonoma County Transportation authority and the City of Cloverdale and authorizing the Public Works Director or City Manager to execute the agreement.”
H. PUBLIC HEARINGS
Week Without Driving - Hernandez
The Feds and the State are Coming for Your Air Conditioner - Koslowsky Proclamation for Latino Heritage Month
Draft Minutes - September 11, 2024
Agenda Report
1 - Resolution
2 - Exhibit A - Quote for $31,709 (with SSO)
3 - Alternative Quote without SSO
Agenda Report
Attachment 1 - Resolution
Exhibit A - Cooperative Funding Agreement
2 None.

I. NEW BUSINESS
I.1 Receive report on City’s Inclusionary Housing Ordinance and In-lieu Fee Recommended Action(s):

Receive report on the City’s Inclusionary Housing Ordinance (Chapter 18.13 of the Cloverdale Municipal Code) and provide direction on updating the In-lieu Fee Calculation.

I.2 Authorization for FAA Airport Improvement Program (AIP) Grant for Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) Installation at the Cloverdale Municipal Airport
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing The Submittal and Acceptance of an FAA Airport Improvement Program Grant Funding Agreement For Design, Bidding and Installation Of Precision Approach Path Indicator (PAPI) Lights And Runway End Identifier Lights (REIL) on Runway 32 at the Cloverdale Municipal Airport.” I.3 Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Police Officers’ 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 Police Officers’ Association and authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City.” I.4 Letters of Interest Submitted to the Sonoma County Mayors’ and Councilmembers’ Association for the Measure O Citizens Oversight Committee Appointments Recommended Action(s):

Review Letters of Interest for the Sonoma County Measure O Citizens Oversight Committee Submitted to the Sonoma County Mayors’ and Councilmembers’ Association and provide direction to the Mayor to support appointments that will be made by the Sonoma County Mayors’ and Councilmembers’ Association’s City Selection Committee and Board of Directors at its October 10, 2024 regular meeting.

Agenda Report
Attachment 1 - Existing In-lieu fee study
Presentation
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Funding Agreement
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - POA MOU
Attachment 3 - POA MOU with Markup
Agenda Report
Attachment 1 - Letters of Interest Received
3 J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

K.1 Oral Reports:

K.2 Written Reports:

Recommended Action(s):

Councilmember Bagby
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 October 9, 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 ques7ons or enter into dialogue with commenters. Comments may also be submi8ed prior t o [email protected]. by 12 p.m. the day of the mee7ng. Submissions and supplemental attachments are considered public records pursuant to Government Code § 54957.5.

Councilmember Bagby
4 SPECIAL NEEDS ACCOMMODATIONS: In compliance with the Americans with Disabili7es Act and Title VI, if you need special assistance to par7cipate in this mee7ng, please contact the City Clerk's office at [email protected] or 707.894-1712. No7fica7on at least 72 hours prior to the mee7ng will enable the City to make reasonable accommodations are made to provide accessibility to the meeting.

AB 2449: Councilmembers par7cipate in person or teleconference methods consistent with tradi7onal provisions of the Brown Act,Government Code § 54953(b), unless the mee7ng is being held pursuant to provisions of AB 2449. If a technical issue arises with Zoom or the dial-in op7on, the mee7ng will con7nue unless it is being held pursuant to the provisions of Assembly Bill 2449.

AB 343: Any wri7ngs or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspec7on 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/direc7ons 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 wri8en correspondence delivered to the City of Cloverdale, or prior to, the public hearing.

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

Date posted: September 19, 2024 | Time posted: 2:55 p.m. | City Clerk Signature: s/Mike Maloney

CLOVERDALE WEEKLY NEWSLETTER
Interested in receiving useful informa7on and updates about City events, ini7a7ves, ac7vi7es, budget and public meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 5 From: ROB KOSLOWSKY
To: ROBERT KOSLOWSKY
Subject: Natural Gas Should be a Valid Choice for Residents Seeking Resiliency Date: Sunday, September 15, 2024 10:36:24 PM
Natural Gas Should be a Valid Choice for Residents
“A cynic might suspect [Sacramento Democrats] are cheering for outages, hoping blackouts will induce people to buy batteries. A pragmatist would buy fossil-fuelpowered generators before they, too, are run out of the state.” - Allysia Finley, California’s Lights Are Out, and Gavin Newsom Isn’t Home, WSJ, September 9, 2024.

Back in October 2020, I talked with an energy and sustainability analyst with the County of Sonoma’s Energy and Sustainability Division.

He looked into my question about rebates as a result of making our home more resilient after we rebuilt our family home and lives post-Tubbs fire. I must have misunderstood the county’s moniker regarding “equity resiliency” and the language around “self-generation” incentives that I read about in a Sonoma Magazine article. It turns out these words are reserved for a very narrow, single source of energy resiliency (solar + battery backup). The more cost-effective and resilient natural gas backup generator alternative had been, on purpose, excluded for consideration.

Since then, good news arrived, delivered by the Supreme Court, with the overturning of natural gas bans previously mandated by the City of Santa Rosa and unincorporated Sonoma County to name a few misguided local governments.

Now, all homeowners across Sonoma County can install whole-house natural gas generators to protect from electric outages and forced blackouts to protect the stability of the electric grid.

When I researched the topic of resiliency and local energy independence and provided the information to city and county representatives, I found the cost for solar + battery came in at $50,000 before rebates.

Even without the associated financial incentives, the cost for an installed, whole-house, natural gas generator came in at $14,000 [1]. We found no rebates available from PG&E or Sonoma Clean Power and none from the county or the CPUC (SGIP), etc. We went ahead with our purchase since natural gas is much cleaner and safer than buying a small diesel- or gasoline-powered generator that only supports a couple of AC outlets (maybe a few lights, a cell phone charger, and a refrigerator), but certainly not a home’s air-conditioning system or an electric vehicle charger.

Now that the natural gas ban is over, one county representative said [2], “Permit Sonoma has stopped enforcing the all-electric building code due to 6 the court ruling.” Supervisor David Rabbitt, chair of the Board of Supervisors, adds, “We still encourage new residential construction to consider alternatives to fossil fuel-burning appliances, and we plan to revisit this issue during our next building code update.” This is code for we’ll try and ‘sock it to’ residents [3] who opt for energy diversity and energy independence with higher operating costs and added fees in order to live in their home or buy new homes.

Indeed. “Switching to an all-electric framework raises cost concerns,” reports one local paper [2]. He explains, “Retrofitting older homes to accommodate electric heating and appliances can be expensive, and the upfront costs of efficient electric systems, like heat pumps, are higher than those for traditional gas systems. Increased electricity demand could also lead to higher utility bills for consumers.”
I hope, going forward, our activist politicians will leave people alone to enjoy their homes and raise their families without more government interference and onerous mandates that has led to many in our county leaving the area [4] for a lower cost of living and a better quality of life. “Let’s keep our eye on the ball: Spending is the problem. Outrageous property taxes are the symptom.”
- Chad King, Blufton, South Carolina, September 4, 2024. “‘Progressives’ approach is to start with the ends — what they think the accurate price (or wage) should be — and reverse-engineer the means to fit them. That hasn’t worked for 40 centuries.”
- Jonah Goldberg, editor-in-chief of the Dispatch. From Tribune News Service, August 25, 2024.
[1] Since most Sonoma County homes already have natural gas (or propane (LPG) tanks in more rural areas of Sonoma County), it seems that another (and better) solution would be supporting rebates and/or credits for whole-house, natural gas generators. To wit, a home’s air conditioning can operate, for example, when the natural gas generator protects homeowners from power outages, unlike solar+battery backup systems . . . The natural gas solution offers superior resilience to solar+battery for a number of reasons, which I enumerated in 2019, prior to my decision to purchase from Leete Generators in Santa Rosa:

1. Cost-effective by 1/3 to 1/2 relative to the government-sponsored alternative.

2. Resilient because the natural gas service remains, hence the generator keeps running, when the electric power is terminated by a rotating blackout, grid failure, or one of PG&E’s infamous PSPSs.

3. Continuous operation beyond the 2- to 23-hour limit offered by the solar+battery alternative.

4. Located outside the home near the natural gas and electric service meters, while “noisy” back-up battery systems must be located inside the structure (usually the garage) with the added expense of noise-reducing, sound insulation pads and dampers to reduce interior wall vibrations.
7 5. Survivable because the natural gas supply continues flowing even when the solar+battery system is compromised as the sun is blacked out by smoke-filled, ashladen skies, or cloudy and rainy weather.

6. Compact, since natural gas solutions do not require rooftops or garage space to be sacrificed. Both back-up battery systems and electric heat pumps consume hundreds of square feet of garage space, while less than 10 feet of exterior space is required for a pad-mounted whole-house, natural gas generator.

There are numerous others restrictions on household loads when solar+backup batteries are used. Part of this could be due to the fact that almost every solar+battery installation is a custom-designed, non-standard project requiring rooftop (or backyard) and garage space, plus access to the exterior walls and electric panels. With a properly-sized natural gas generator, you deploy it on a pad close to the exterior gas meter and electric panels.

Extract from: Natural Gas as Backup Superior to Solar + Battery, R.K. Koslowsky, submitted November 9, 2020.
[2] Roger Coryell, Sonoma County’s natural gas ban hits a wall — are electric homes really the future, or a costly gamble? Sonoma County Gazette, August 29, 2024:
“As Sonoma County explores its options, the focus shifts to ‘electric-preferred’ efficiency standards. These standards do not directly ban natural gas but promote all-electric construction by requiring new homes to be as energy-efficient as they would be if using heat pump technology . . . Questions remain about whether California’s electric infrastructure can support a widespread shift to all-electric homes. The state’s electric grid, managed by utilities like Pacific Gas and Electric Co., would need significant upgrades to handle the increased demand an all-electric mandate would create. [This means even further double-digit rate increases in electric bills.] “The jury is still out on whether electric or gas are more efficient. Delivering electrical power has carbon impact of its own that in some cases make gas more efficient.” [3] California Homeowners Targeted – Sock it to ‘em! R.K. Koslowsky, submitted February 23, 2020:

CEC-provided “cost savings” data was incorrect. The touted $6,171 in savings for using allelectric appliances is wrong. The costs to homeowners is $29,529 more when forced to move to all-electric, and this doesn’t even provide battery backup during PG&E PSPSs. If savings are not provided the proposed reach codes are over-reaching and must be declared illegal and revoked. Even the 2019 California Building Code must be revisited. [The CEC has stuck to its flawed data in order to avoid legal challenges to the state building codes.]
AND
Hoodwinking the Homeowner, R.K. Koslowsky, submitted March 1, 2020:
“Who can argue when a government committee re-writes the rules based on millions of dollars spent on consultants paid to derive sound bytes and analyses to justify the ends — creation of an all-electric market to sell specific, state-chosen, electric products? As once consultant writes, ‘Electric options for decarbonized buildings must compete on price as well as on service.’ But they don’t compete on either count. Years of bureaucratic effort have been spent trying to remove energy diversity and making homeowners less safe and secure. This sounds counter-intuitive, but it has become a reality due to the discovery of aging and failing transmission lines and the increase in wildfires, all of which makes PSPSs more frequent and longer in duration. An all-electric infrastructure is not the solution at this time, and it may never be. Even PG&E realizes that they have to equip dozens of their substations with massive fossil fuel, backup generators to produce electricity for its customers when their main transmission lines fail or a PSPS takes them offline. [4] “Damage to high-tax state economies will compound as more young, upwardly mobile 8 people leave . . . This means the middle class in states [like California, Illinois, and New York] will inevitably have to pay higher taxes to support the state’s political promises to public unions. The Blue State governance model keeps giving taxpayers the blues, which is why more of the young and mobile want out.”
- The High-Tax State Brain Drain, WSJ Editorial Board, September 9, 2024.

Rob Koslowsky
Author of The Tubbs Fire.

Also author of The Upstart Startup & Breach of Trust.

Author's page
9 From: Rocio Hernandez Garcia
To: City Council
Cc: [email protected]
Subject: Week Without Driving
Date: Friday, September 13, 2024 10:23:49 AM
Dear City Council Members of Cloverdale,
My name is Rocio Hernandez. I live in Cloverdale, District 4. I am a college student currently attending Santa Rosa Junior College earning my transfer units here to later transfer and earn a bachelor degree in psychology.

I am currently taking a biology class and we are now looking into a program called a Week Without Driving. I am sending you this email to invite you to participate in this program too.

This program consists of substituting driving with any other transportation method for a week such as walking, biking, carpooling, or using the bus. We would highly appreciate it if you could join us in participating too.

Here's the link to this program if you wish further details:
https://weekwithoutdriving.org/
We hope that by participating in this activity you would be able to better understand the circumstances and issues people face by not knowing how to drive or simply not being able to drive. Your participation is highly encouraged.

I too will be participating in this program. For someone who doesn't drive I will mostly walk to places that are short distances and take the bus or carpool to places a little farther.

I hope that with your participation you will be able to recognize and dismantle the barriers of mobility many face daily, so I highly encourage your participation.

Thank you for your consideration,
Rocio Hernandez
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11 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PROCLAIMING SEPTEMBER 15, 2024 THROUGH OCTOBER 15, 2024 AS LATINO HERITAGE MONTH WHEREAS, Hispanic Heritage Month began as a commemorative week when it was first introduced in June of 1968 by California Congressman George E. Brown. The push to recognize the contributions of the Latino community had gained momentum throughout the 1960s when the civil rights movement was at its peak and there was a growing awareness of the United States' multicultural identities; and WHEREAS, in 1968, President Lyndon B. Johnson first recognized Hispanic Heritage Week, later this was expanded to one month, and each successive President has continued this tradition, declaring September 15 through October 15 to be National Hispanic Heritage Month; and WHEREAS, President Biden issued a proclamation on September 13, 2024 declaring National Hispanic Heritage Month to honor and celebrate the culture, history, and contributions of the Latino Community.

WHEREAS, Governor Gavin Newsom issued a proclamation on September 15, 2024 declaring September 15 to October 15, 2024, as Latino Heritage Month in the State of California; and WHEREAS, Sonoma County has a long history of welcoming immigrants and is home to growing multiethnic and multicultural Latino populations; and
WHEREAS, the diverse Latino population of the County of Sonoma makes a significant economic contribution and has many profound positive influences on our community through strong commitment to family, faith, education, hard work, vibrant culture, and service; and WHEREAS, for over the past decades, Sonoma County Latino organizations and businesses have continued to foster the culture and traditions to our communities by being active community members and focusing on the areas of education, health, wellness, and the local economy; and WHEREAS, the City Council of the City of Cloverdale is in deep appreciation to the diverse Latino population of our community and urge all citizens to join us during Latino Heritage Month in celebrating these extraordinary communities and their role in our County.

NOW, THEREFORE, BE IT PROCLAIMED that I, Todd Lands, Mayor, does hereby proclaim September 15 through October 15, 2024 as Latino Heritage Month in the City of Cloverdale.

SO ORDERED:

September 25, 2024
__________________________
Todd Lands, Mayor
12 City Council Meeting Minutes - September 11, 2024 - Page 1 of 6 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - DRAFT

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, SEPTEMBER 11, 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):

3.A PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(B)
Title: City Manager
Item was received and filed.

3.B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section
54956.9(d)(1) Name of Case: City of Camden v. BASF
13 City Council Meeting Minutes - September 11, 2024 - Page 2 of 6 Corporation US District Court District of South
Carolina Case No: 2.24-cv-03174-RMG
Name of Case: City of Camden v. Tyco Fire Products
LP US District Court District of South Carolina Case No:

2.24-cv-02321-RMG
Item was received and filed.

3.C CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Labor Negotiator: City Manager Kelley and Consultant Patrick Clark Cloverdale Employee Groups: Cloverdale Police Officers' Association Item was received and filed.

Mayor Lands adjourned Closed Session at 5:21 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 p.m.

A.2 Pledge of Allegiance
Mayor Lands led the pledge of allegiance and held a moment of silence in commemoration heroes and lives lost on September 11, 2001.

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
Nicole Bird spoke regarding the Sonoma County Library
C. COMMUNICATIONS
None.
14 City Council Meeting Minutes - September 11, 2024 - Page 3 of 6 D. STUDENT LIAISON REPORT
Mayor Lands introduced the newly appointed Student Liaison Keiko Saito.

Student Liaison Saito reported.

E. PROCLAMATIONS
E.1 Proclamation: Pollution Prevention Week / Creek Week Councilmember Morgenstern read the proclamation.

Recipient(s): Sabrina Marson on behalf of the Russian River Watershed.

F. PRESENTATIONS
None.

G. CONSENT CALENDAR
A motion was made by Councilmember Bagby, seconded by Vice Mayor Wolter, to waive reading of the text and adopt the consent calendar.

The motion carried by the following vote:

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

Absent: (0)
G.1 Approval of Minutes - August 14, 2024
Action: Approved as submitted.

G.2 Approval of Minutes - August 28, 2024
Action: Approved as submitted.

G.3 Annual Maintenance Services Agreement with Miksis Services, Inc. to Provide Sewer Maintenance and Rehabilitation
Action: Resolution Adopted
RESOLUTION NO. 049-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING A NEW ANNUAL MAINTENANCE SERVICES AGREEMENT WITH MIKSIS SERVICES, INC. TO PROVIDE SEWER MAINTENANCE /REHABILITATION IN AN AMOUNT NOT TO EXCEED $185,024.00 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT
G.4 Agreement with Telestar Instruments for the City of Cloverdale Wastewater Plant and Remote Site SCADA Upgrade Project
Action: Resolution Adopted
RESOLUTION NO. 050-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A CONSTRUCTION AGREEMENT WITH TELSTAR INSTRUMENTS

FOR WASTEWATER PLANT AND REMOTE SITE UPGRADE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAID AGREEMENT
15 City Council Meeting Minutes - September 11, 2024 - Page 4 of 6 G.5 Sonoma County Abandoned Vehicle Abatement Service Authority’s Extension of the Abandoned Vehicle Abatement Fee Program until April 30, 2035 Action: Resolution Adopted
RESOLUTION NO. 051-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVERDALE SUPPORTING THE SONOMA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY’S EXTENSION OF THE SONOMA COUNTY ABANDONED VEHICLE ABATEMENT FEE PROGRAM UNTIL APRIL 30, 2035, EXTENDING

AN AGREEMENT WITH THE SERVICE AUTHORITY REGARDING THE SAME AND

AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT
H. PUBLIC HEARINGS
None.

I. NEW BUSINESS
I.1 Seeking direction on potential Vacancy Ordinance
City Manager Kelley introduced the item and Assistant City Manager Thompson reported.

Council provided direction on the establishment of a Vacancy Ordinance I.2 Successor Memorandum of Understanding with the Cloverdale Classified Service Employees 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 Morgenstern, to waive reading of the text and adopt:

RESOLUTION NO. 052-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING

WITH THE CLOVERDALE CLASSIFIED SERVICE EMPLOYEES 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)
I.3 A Resolution of the City Council of the City of Cloverdale Approving an Amended Compensation Plan for Unaffiliated Employees Implementing Cost of Living Adjustments and Other Minor Amendments
A motion was made by Vice Mayor Wheeler, seconded by Councilmember Morgenstern, to waive reading of the text and adopt:
16 City Council Meeting Minutes - September 11, 2024 - Page 5 of 6 RESOLUTION NO. 053-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING AN AMENDED COMPENSATION PLAN FOR UNAFFILIATED

EMPLOYEES IMPLEMENTING COST OF LIVING ADJUSTMENTS AND OTHER MINOR AMENDMENTS.

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 Last Meeting Agenda | Next Meeting - October 7, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 14, 2024
Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - 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 K. COUNCILMEMBER REPORTS
K.1 Written Reports:

Councilmember Bagby
Councilmember Bagby responded to inquiries.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Support Letter - AB1359
City Manager Kelley reported.

L.2 Support Letter - SMART Plan Bay Area Amendment
City Manager Kelley reported.

L.3 Request Letter - IPAOM - Soda Springs Ranch
City Manager Kelley reported.
17 City Council Meeting Minutes - September 11, 2024 - Page 6 of 6 M. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Kelley and City Attorney Mog reported.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Item L.2 - Vacancy Ordinance to the Finance, Admin, and Police Subcommittee.

Councilmember Morgenstern - Discussion regarding Legal Aid presentation to Council at the Homelessness Community Advisory Group Subcommittee.

Councilmember Morgenstern - Feasibility Assessment for real property negotiations to potentially acquire community garden property to Finance, Admin, and Police Subcommittee.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 6:54 p.m. to the next regular meeting of the Cloverdale City Council scheduled for September 25, 2024.

APPROVED ON:
________________________________
Mike Maloney, City Clerk
18 City Council/Successor
Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

G.2
September 25, 2024
Agenda Section:

Consent
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title:

Update the FY 2024-25 & 2025-26 Budgets to include Neptune My360 consumer portal cloud platform ________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale approving a three-year contract with Ferguson Waterworks in the amount of $31,709 to provide Neptune My360 a Consumer Portal Cloud Platform, Authorize the City Manager to execute said agreement, and amend the FY 2024-25 Water Enterprise budget to add $31,709 to the budget”
________________________________________________________________________________________ Background:

The City entered into a contract with Envocore to systematically replace all aging water meters across its utility system with state-of-the-art “smart” meters. Over the past year, older meters have been replaced as part of an ongoing initiative to improve operational efficiency, enhance customer service, and enable faster detection of leaks and abnormal water consumption. The new meters have already proven beneficial in assisting City staff to detect and address water leaks in a more timely and accurate manner, reducing potential water loss and improving service reliability.

To further enhance customer experience and water conservation efforts, the City is evaluating the Neptune My360 platform, an add-on subscription service that provides utility customers with real-time access to their water consumption data and other features. This initiative is part of our continued focus on transparency, customer empowerment, and water management efficiency.
________________________________________________________________________________________ Summary:

Neptune My360 is a self-service customer portal designed to give water utility customers 24/7 access to their hourly water usage data. With Neptune My360, customers can:
• Monitor their daily and hourly water consumption.
• Set up usage thresholds and receive alerts if their water use exceeds certain limits. • Receive notifications when they are out of town, allowing them to monitor potential issues remotely, such as unexpected spikes in usage due to leaks.

By providing this level of visibility, the City aims to encourage water conservation and help customers better understand their water usage patterns, thus promoting more sustainable consumption. 19 City Council/Successor Agency Agenda Item Summary
Meeting Date: September 25, 2024

Page 2 of 3 ends

There are two options for implementing Neptune My360:

1. My360 Without Single Sign-On (SSO):

This option provides the My360 portal as a standalone service, independent of the City’s existing bill payment system. Each customer would have a separate login to access their water usage data, distinct from their account used for viewing invoices or making payments. • Cost Savings:
o The City would save approximately $1,675 annually by not opting for SSO. o There would be no need for the one-time $5,600 integration fee. • Customer Impact:
o Customers would need to manage a separate account to access their water consumption data. This could lead to inconvenience for those who prefer a streamlined experience.

2. My360 With Single Sign-On (SSO):

With this option, My360 would be integrated into the City’s existing bill payment portal, allowing customers to use a single account to view both their water usage and their billing/payment information. • Cost Implications:
o One-time setup cost of $5,600 for the integration.
o An additional $1,675 per year for the SSO service.
• Customer Experience:
o Customers who already use the City’s bill payment system (currently 721 active users) would not need to create a separate account for water usage data. Instead, they would be able to view both their billing information and water consumption through the same portal. o This provides a more seamless, user-friendly experience and promotes higher engagement with the My360 platform.

After reviewing both options, staff recommends proceeding with the Single Sign-On (SSO) integration. This approach offers the most cohesive and convenient experience for customers by consolidating all account information into one platform. While there are additional costs associated with SSO, the benefits of improved customer satisfaction and ease of access outweigh these costs. Moreover, the integration will likely increase customer engagement with the My360 platform, potentially leading to more responsible water usage and conservation efforts across the community. ________________________________________________________________________________________ Options:

1. Approve the three-year contract with SSO and amend the FY 2024-25 budget by $31,709.

2. Approve the three-year contract without SSO and amend the FY 2024-25 budget by $21,084 20 City Council/Successor Agency Agenda Item Summary
Meeting Date: September 25, 2024

Page 3 of 3 ends

________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

The SSO option will result in a one-time setup cost of $5,600 and an additional annual cost of $1,675 compared to the non-SSO option. However, these costs are offset by the long-term advantages of enhanced customer convenience and engagement, which align with the City’s strategic goals of improving utility service quality and encouraging sustainable resource management.

The expense will be paid out of the Water Enterprise fund account 600-20-202-42150-000. The Water Enterprise expense will be offset by a transfer in from the ARPA Water CIP fund balance account 100-00-000- 25310-022 which has a balance of $165,872.
________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - Quote for $31,709 (with SSO)

3. Quote for $21,084 without SSO
21 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A THREE-YEAR CONTRACT WITH FERGUSON WATERWORKS IN THE AMOUNT OF $31,709 TO PROVIDE NEPTUNE MY360 A CONSUMER PORTAL CLOUD PLATFORM, AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND AMEND THE FY 2024-25 WATER ENTERPRISE BUDGET (600-20-202-42150- 000) TO INCLUDE $31,709 WHICH WILL BE OFFSET BY A TRANSFER IN FROM THE ARPA WATER CIP FUND BALANCE ACCOUNT (100-00-000-25310-022)
WHEREAS, the City Water Enterprise is in the process of installing new meters; and WHEREAS, the Ferguson Waterworks has a consumer portal cloud platform that will allow water customers a self-service application to monitor their water consumption and set up triggers; and WHEREAS, the cost of the three-year contract, including setup is $31,709 and would be paid from the Water Enterprise fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a contract with Ferguson Waterworks to provide the portal and integration, authorize the City Manager to execute said agreement on behalf of the City and amend the Fiscal Year 2024-25 budget to include $31,709.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 25th day of September 2024 by the following roll call vote:

Ayes: (_) Councilmember Brigham, Councilmember Cruz, Councilmember Turner, Noes: (_) None

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
_________________________ __________________________
Todd Lands, Mayor Mike Maloney, City Clerk
Attachments:

Exhibit A – Quote with SSO
22 23
24 25
26 City Council
Agenda Item Summary Agenda Item: G.3
Meeting Date: September 25, 2024
Agenda Section
Consent
Staff Contact
Derrick Montanye Public Works Director
Agenda Item Title
Cooperative Funding Agreement NO. G20100E1 Between The Sonoma County Transportation Authority and The City of Cloverdale
Recommended Council Action
Adopt a Resolution Entitled “A Resolution of the City Council of the City of Cloverdale approving a new cooperative funding agreement between The Sonoma County Transportation authority and the City of Cloverdale and authorizing the Public Works Director or City Manager to execute the agreement.” Background
On November 3, 2020, Sonoma County voters approved the Go Sonoma Act (Measure DD). The Go Sonoma Act as passed by the voters of Sonoma County continues, for another 20 years, the existing Measure M ¼-cent sales tax dedicated to transportation, beginning April 1, 2025, and continuing to March 31, 2045. Go Sonoma transportation funds are administered by the SCTA. The City of Cloverdale currently receives Measure M funding from the SCTA through a formulaic allocation under the Local Streets Rehabilitation (LSR) program. This allocation is based on Cloverdale’s share of the County’s total population and road centerline miles, with a formula updated annually using Department of Finance population figures and centerline miles reported by the local jurisdictions. The City of Cloverdale is anticipated to receive approximately $104,650 in Measure M funds in Fiscal Year 2024-25.

Summary
Under, Go Sonoma, the Measure M LSR program has been replaced by a similar Go Sonoma Roads (GSR) program. Eligible expenses under the GSR program relate directly to fixing existing roads, pedestrian walkways and keeping them maintained. Go Sonoma Roads will distribute 38 percent of the Go Sonoma sales tax revenues to local jurisdictions to perform street maintenance. The funds are distributed among Sonoma County’s ten jurisdictions using a 50/50 split based on the jurisdiction’s percentages of the County’s population and roadway mileage. A cooperative agreement with SCTA is required to be executed before the first distribution of GSR funds in 2025.

Alternative Options

1. Reject resolution; or

2. Provide alternative direction to Staff.

Budget/Financial Impact
Entering into these Cooperative Funding Agreements will enable SCTA to begin making quarterly distributions to the City of Cloverdale once the Go Sonoma Expenditure Plan goes into effect in April 2025 and to reimburse the City of Cloverdale for already awarded projects “Cloverdale traffic calming” and “Cloverdale sidewalk completion project”
Subcommittee Recommendation
None
Attachments:

1. Resolution

2. Exhibit A – Cooperative Funding Agreement
27 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A NEW COOPERATIVE

FUNDING AGREEMENT BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND THE CITY

OF CLOVERDALE AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, On November 3, 2020, Sonoma County voters approved the Go Sonoma Act (Measure DD); and; WHEREAS, the Go Sonoma Act as passed by the voters of Sonoma County continues, for another 20 years, the existing Measure M ¼-cent sales tax dedicated to transportation, beginning April 1, 2025, and continuing to March 31, 2045; and
WHEREAS, Under, Go Sonoma, the Measure M LSR program has been replaced by a similar Go Sonoma Roads (GSR) program. Eligible expenses under the GSR program relate directly to fixing existing roads, pedestrian walkways and keeping them maintained. A cooperative agreement with SCTA is required to be executed before the first distribution of GSR funds in 2025; and WHEREAS, Entering into these Cooperative Funding Agreements will enable SCTA to begin making quarterly distributions to the City of Cloverdale once the Go Sonoma Expenditure Plan goes into effect in April 2025;
WHEREAS, in combination with quietly the funding agreement will enable SCTA to reimburse the City of Cloverdale for already awarded projects “Cloverdale traffic calming” and “Cloverdale sidewalk completion project”.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLOVERDALE AS FOLLOWS:

1. The City Manager or the Public Works Director is hereby authorized and directed to execute the Go Sonoma cooperative funding agreement G20100E1 attached hereto as Exhibit A.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 25th day of September 2024 by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED ATTEST:
_________________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachments:

Exhibit A – Cooperative Funding Agreement
28 Cooperative Funding Agreement #G20100E1
City of Cotati

Page 1 of 7 ends

COOPERATIVE FUNDING AGREEMENT NO. G20100E1

BETWEEN

THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF CLOVERDALE
This Agreement is made and entered into as of April 1, 2025 (“Effective Date”) by and between the City of CLOVERDALE, hereinafter referred to as “CITY” and the SONOMA COUNTY TRANSPORTATION AUTHORITY, hereinafter referred to as “AUTHORITY.”

RECITALS

1. AUTHORITY adopted that certain 2023 Strategic Implementation Plan that sets forth AUTHORITY’S program and project implementation policies with regard to the use of funds provided under the 2020 Go Sonoma Act Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 3, 2020 (hereinafter referred to as “Go Sonoma”). The 2023 Strategic Implementation Plan as such plan may be amended from time to time is hereinafter referred to as the “Strategic Implementation Plan.”

2. Pursuant to the Strategic Implementation Plan and Go Sonoma, AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to enable the two parties to work cooperatively in allocating funding for local road maintenance and related eligible work as described in the Strategic Implementation Plan (hereinafter “Go Sonoma Roads”).

3. Each party to the Agreement is a public agency duly authorized and existing under the laws of the State of California.

4. CITY desires to undertake Go Sonoma Roads projects to maintain existing roads on an as needed basis, and to utilize Go Sonoma funding to help defray costs of those Go Sonoma Roads projects, to the extent such funds have been set aside by the AUTHORITY in the Strategic Implementation Plan for the benefit of the CITY.

5. CITY is authorized in accordance with Section 9 of Article XI of the California Constitution to establish, purchase and operate public works in order to furnish residents with light, water, power, heat, transportation, or means of communication.

6. Pursuant to the Strategic Implementation Plan and Go Sonoma, AUTHORITY is committed to make available quarterly payments to CITYfor such Go Sonoma Roads Projects based on the formula set forth in Go Sonoma.

7. AUTHORITYis authorized in accordance with §180152 and 180205 of the Local Transportation Authority and Improvement Act (California Public Utilities Code §180000 et seq, hereinafter referred to as the Local Transportation Act”)to make contracts and enter into stipulations of any nature whatsoever and to do all acts necessary and convenient for the full exercise of the powers imposed under the Local Transportation Act for the construction, maintenance improvement and operation of local streets, roads, and highways, and for the construction improvement, and operation of public transit systems.
29 Cooperative Funding Agreement #G20100E1
City of Cotati

Page 2 of 7 ends

NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows:

SECTION I

CITY AGREES

1. Compliance with Laws. With regard to the Go Sonoma Roads projects, CITY shall at all times comply with all applicable laws of the United States, the State of California, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies now in force and as they may be enacted, issued, or amended during the term of the Agreement.

2. Records. To allow AUTHORITYto audit all expenditures relating to Go Sonoma Roads projects funded through this Agreement. For the duration of the Go Sonoma Roads Projects funded under this Agreement, and for five (5) years following the termination of this Agreement, CITY shall make available to AUTHORITY all records relating to expenses incurred in performance of this Agreement.

3. Reporting Requirements. To provide annual updates on the Go Sonoma Roads Projects to AUTHORITY in the form attached hereto as Exhibit A.

SECTION II
AUTHORITY AGREES:

1. Allocation of Funding. Consistent with its Strategic Implementation Plan, to make available Go Sonoma funds to CITY for such Go Sonoma Roads Projects (also referred to as “GSR”)based on the formula set forth in Go Sonoma. AUTHORITY shall distribute such funds to CITY on a quarterly basis.

2. Notice of Audit. To provide timely notice to CITY if an audit is to be conducted.

SECTION III
IT IS MUTUALLY AGREED:

1. Term. This Agreementwill remain in effect until discharged as provided in Paragraph 2 or 12 of this Section III.

2. Termination. This Agreement shall be subject to termination as follows:
a. a. This Agreement may be canceled by a non-breaching party for breach of any obligation, covenant or condition hereof by the other party, upon notice to the breaching party. With respect to any breach which is reasonably capable of being cured, the breaching party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching party. On 30 Cooperative Funding Agreement #G20100E1
City of Cotati

Page 3 of 7 ends

cancellation, the non-breaching party retains the same rights as a party exercising its right to terminate under the provisions of paragraph 2(b), except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance. If the Agreement is cancelled by AUTHORITYbecause CITYhas failed to meet the reporting or basic operational requirements under Go Sonoma or the Strategic Implementation Plan, AUTHORITY may, at its option, demand repayment of all unexpended funds and funds determined by audit not to have been expended as provided for in this Agreement, with interest accrued thereon as would have accrued had such funds been invested in the Sonoma County Treasury Pool; and, further, to offset such balances due AUTHORITY from any other Go Sonoma funds due CITY. b. By mutual consent of both parties, this Agreement may be terminated at any time.

Upon termination by mutual consent, CITYshall repay to AUTHORITY any unexpended ·funds originally provided to CITY under this Agreement, and any interest that has accrued thereon.

3. Indemnity.Each party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying party or its agents, employees, contractors, subcontractors, or invitees. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

4. Notices. Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto.

To CITY Derrick Montanye Director of Public Works
City of CLOVERDALE
124 N. Coverdale Blvd.

Cloverdale, CA 95425
1(707)894-1722
[email protected]
To AUTHORITY James R. Cameron, Executive Director
411 King Street
Sant Rosa, CA 95405
(707) 565-5373
Email [email protected]
31 Cooperative Funding Agreement #G20100E1
City of Cotati

Page 4 of 7 ends

5. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

6. Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made·by any of the parties except as expressly set forth herein, or in otp.er contemporaneous written agreements.

7. Amendment This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

8. Independent Agency. CITY renders its services under this Agreement as an independent agency. None of the CITY's agents or employees shall be agents or employees of the AUTHORITY.

9. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

10. Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above. ·

11. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

12. Limitation. All obligations of AUTHORITY under the terms of this Agreement are expressly subject to AUTHORITY' s continued authorization to collect and expend the sales tax proceeds provided by Go Sonoma. If for any reason AUTHORITY' s right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action. If, after twenty five (25) working days, a course of action is hot agreed upon by the parties, this Agreement shall be deemed terminated by mutual consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into cons1deration all the obligations of AUTHORITY under all outstanding contracts, agreements to other obligations of AUTHORITY, of funds for such purposes. 32 Cooperative Funding Agreement #G20100E1
City of Cotati

Page 5 of 7 ends

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF CLOVERDALE SONOMA COUNTY TRANSPORTATION

AUTHORITY
By: By:

Tod Lands, Mayor Lynda Hopkins, Chair of the Board
ATTEST: APPROVED AS TO SUBSTANCE:

By: By:

Mike Maloney, City Clerk James R. Cameron, Executive Director APPROVED AS TO LEGAL FORM FOR CITY:

By: By:

Alex Mog, City Attorney Adam Brand, County Counsel
33 Exhibit A Cooperative Funding Agreement #G20100E1
City of Cotati

Page 6 of 7 ends

COOPERATIVE FUNDING AGREEMENT NO: G20100E1
Between the SONOMA COUNTY TRANSPORTATION AUTHORITY
And CITY OF CLOVERDALE

EXHIBIT A

FORM OF REPORTING LETTER

PROJECT SPONSOR LETTERHEAD
Please refer to the Reporting Instructions and Submittal Requirements before sending your completed Annual Reporting Letter to the SCTA. The Annual Reporting Letter is due to the SCTA by September 15.

Date
Sonoma County Transportation Authority
411 King Street
Santa Rosa, CA 95404
Go Sonoma Roads Program (GSR) - Annual Reporting Letter – FY _______ Dear SCTA Chair:

The City of Cloverdale is pleased to present information related to Go Sonoma funding for the above referenced program for FY __________ Reported:

Go Sonoma Roads allocation expenses in this fiscal year included the following:

A. FY Reported Allocations $ -
B. Unspent Prior Allocations $ -
C. Interest earned on Unspent Prior Allocations $ -
D. Total Funding Available in FY Reported $ -
E. Total Funding Spent in FY Reported $ -
F. Total Go Sonoma Rollover to Next FY $ -
G. Overlay Program $ -
H. Maintenance Program $ -
I. ITS $ -
J. Traffic Calming $ -
K. Other $ -
L. Total Funding Spent in FY Reported $ -
Description of Go Sonoma Expenditures on Local Streets Maintenance 34 Exhibit A Cooperative Funding Agreement #G20100E1
City of Cotati

Page 7 of 7 ends

M. Describe work done with Go Sonoma Roads Funding on such work as overlays, general maintenance, pothole repair, ITS, and traffic calming. (insert text below table) Street/Road/Location Treated Total Length PCI Before/After Please enter any further description of project or work completed here:

N. Describe how multimodal needs were considered?
Report on Public Information Requirements
O. Did you display the Go Sonoma logo on signs at the construction site or on vehicles? Please enclose picture.

P. Did you provide digital pictures of projects before, during and after construction? Q. Did you identify Go Sonoma on your web site? Please provide link.

R. Did you include SCTA and Go Sonoma in any public outreach/engagement? S. Please Identify Go Sonoma funding benefits and discuss how Go Sonoma funds assisted in delivering your program.

T. Has there been a change in your total road miles in the Pavement Management Program? Please explain.

To meet our reporting requirements, we are submitting an original signed copy on our letterhead. We have emailed an electronic copy to the SCTA.

We have sent electronic format photographs in jpeg file format.

If you have any questions regarding this program information, please contact:

Name:

Phone:

Email:

Sincerely,

SIGNATURE REQUIRED
Name
Title (City Manager, Public Works Director, District Director) 35 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: Sept. 25, 2024
Agenda Section:

New Business
Staff Contact:

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

Receive report on City’s Inclusionary Housing Ordinance and In-lieu Fee ________________________________________________________________________________________ Recommended Council Action(s):

Receive report on the City’s Inclusionary Housing Ordinance (Chapter 18.13 of the Cloverdale Municipal Code) and provide direction on updating the In-lieu Fee Calculation. ________________________________________________________________________________________ Background:

The Inclusionary Housing Ordinance, as detailed in Chapter 18.13 of the Cloverdale Municipal Code (CMC), requires that 15% of new housing units in residential developments be designated as affordable. This ordinance aims to ensure that as Cloverdale grows, a portion of the housing stock remains accessible to lowand moderate-income households. The ordinance supports efforts to address rising housing costs, prevent displacement, and foster economic diversity within the city.

Originally adopted in 2015 and amended in 2017, the ordinance applies to any project proposing five or more housing units, whether for rental or sale. Developers can meet their inclusionary housing obligations either by providing affordable units or by paying an in-lieu fee. The ordinance outlines several ways developers can fulfill these requirements.

Inclusionary Housing Units Requirements – CMC Section 18.13.050:
• On-Site Construction of Affordable Units:

Fifteen percent of dwelling units in housing developments comprising five or more new dwelling units must be affordable units.

1. For rental projects: 15% of the units must be affordable and rented to low-income households at rates deemed affordable under local guidelines.

2. For ownership projects: Affordable units must be sold to moderate-income households at prices that do not exceed the maximum affordable sales price.

3. Units may also be sold or rented to very low- or lower-income households to meet the inclusionary requirements.
• In-lieu Fee Option
Inclusionary units must be constructed at the site of the housing development subject to inclusionary housing requirements, except that in-lieu fees may be paid or land for alternative affordable housing sites may be offered for dedication to meet the inclusionary requirement under the following circumstances:

1. In rental projects, affordable units must be rented to lower income households or below at affordable rents. In ownership projects, affordable units must be sold to moderate income households or below at affordable ownership payments and at a price not to exceed the 36 City Council/Successor Agency Agenda Item Summary
Meeting Date: September 25, 2024

Page 2 of 2 ends

maximum affordable sales price. Housing sold or rented to very low or lower income households also meets this standard.

2. Where city incentives or density bonuses are offered and/or requested, the city shall require that the inclusionary and density bonus housing units conform to the distribution of very low, lower, and moderate-income housing in the ABAG Regional Housing Needs Assignment (RHNA) to the maximum feasible extent based on the value of city incentives.

3. Where units are added to existing residential or nonresidential properties and the existing units are not demolished or removed from residential use, the inclusionary provisions shall apply to the net new units only. Where any project with rental units or any mobile home park is subdivided for ownership or for continued rental use, the inclusionary provisions shall apply to all units.

Who is eligible to rent or purchase an inclusionary housing unit? Cloverdale Municipal Code Section 18.13.040 A. Only qualified households on the qualified household list will be eligible to rent or purchase an inclusionary or density bonus unit. The developer or property owner may only permit qualifying households to occupy or purchase inclusionary or density bonus units. Income or qualifications shall be reconfirmed prior to purchase or rental of units. ________________________________________________________________________________________ Summary:

The City’s in-lieu fee was last updated in 2018 (see Attachment 1). Since then, factors such as Area Median Income, average market rents, and construction costs have changed significantly. The current in-lieu fee calculation no longer reflects up-to-date income levels, building costs, or affordable rent criteria.

Given that developers can meet their inclusionary housing obligations either through affordable rents or reduced sales prices, the in-lieu fee calculation must consider both methods.

Staff is seeking Council direction to initiate a study and update the in-lieu fee calculation to ensure it remains aligned with current market conditions.
_______________________________________________________________________________________ Options: Provide direction
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

The fiscal year 25-26 budget includes $25,000 to update Inclusionary Housing Fee. ________________________________________________________________________________________ Attachments:

1. Existing In-lieu fee study (2018)
37 July 27, 2018
Via email
To: David Kelley
From: Nora Lake-Brown, David Rosen
Subject: 2018 Inclusionary Zoning Ordinance (IZO) In Lieu Fee Update The City of Cloverdale retained David Paul Rosen & Associates (DRA) to prepare a 2018 update of the ownership in lieu fee under the City’s Inclusionary Zoning Ordinance (IZO). This memorandum describes DRA’s methodology and conclusions for the update.

Inclusionary Zoning Ordinance (IZO) Ownership Housing In Lieu Fee Provisions Chapter 18.13. of the City of Coverdale Zoning Code, referred to as the City’s Inclusionary Zoning Ordinance or IZO, requires 15% of dwelling units in housing developments comprising five or more new units to be affordable units. For ownership housing, the affordable units must be sold to “Moderate Income Households” or below at “Affordable Ownership Payments” and at a price not exceeding the “Maximum Affordable Home Price”, using the following definitions:
• “Moderate Income Household” means a person or household whose gross annual income is between 80% and 120% of the Sonoma County median income, adjusted for household size.
• “Affordable Ownership Payment” means monthly house payments, after a 10% downpayment but excluding taxes and homeowners’ association dues, if any, not to exceed 30% of gross monthly income for a qualified household at the time the unit is purchased.
• “Maximum Affordable Sales Price” for a moderate income household means the present value of a 30-year loan at 8% interest or prevailing mortgage interest rate, whichever is higher, in which monthly payments do not exceed 30% of 120% of median income.

Ownership inclusionary units must be constructed on-site, except that fees may be paid or land for alternative housing sites may be offered for dedication to meet the 38 Mr. David Kelley
July 27, 2018

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inclusionary requirement under the following circumstances (Section 18.13.050 C.):
• Ownership projects with 15 or less units; and/or
• Ownership projects in hillside developments or developments with a density less than 2 units per acre.

Section 18.13.050 D. describes the formula for calculating an in-lieu fee for ownership inclusionary units. The fee must be paid at the rate of 15% of the difference between the Maximum Affordable Sales Price and the lesser of the actual sales price of the unit or the median sales price of houses in Sonoma County, adjusted for household size.

Methodology and Results
DRA used the above provisions and definitions of the IZO in calculating the 2018 in lieu fee for Cloverdale.

DRA used the 2018 HUD Median Family Income (MFI) for the Santa Rosa, CA MSA, which is comprised of Sonoma County, of $84,100 and HUD family size adjustment factors as the basis for calculating income limits and affordable ownership payments by income limits and household size.

Consistent with prior calculations of the in lieu fee provided by City staff, DRA assumed an occupancy standard of 1 person per bedroom plus 1 (e.g. four persons in a three-bedroom unit) to calculate the income limits, Affordable Ownership Payments, and Maximum Affordable Home Prices by unit bedroom count.

DRA used the median price for sales of new and existing homes and condominiums in the City of Cloverdale recorded May 2018, as reported by CoreLogic (formerly Dataquick). Consistent with the methodology of the prior in lieu fee calculation, the median sales price was assigned to the three-bedroom home and adjusted upwards and downwards by unit bedroom count. 39 Mr. David Kelley
July 27, 2018

Page 3 of 3 ends

Table 1 presents DRA”s calculations and the resulting in-lieu fee schedule, adjusted by household size and unit bedroom count. The 2018 maximum in lieu fee equals approximately $34,300 for a three-bedroom unit and $37,000 for a four-bedroom unit. Fees for studio units through seven bedroom units are shown in Table 1. 40 Table 1
Inclusionary Zoning Ordinance Ownership In-Lieu Fee Calculation City of Cloverdale
2018

Assumptions
HUD Median Family Income, Santa Rosa MSA 2018 (1) $84,100 Affordable Mortgage Principal and Interest as a % of Income 30% No. of Bedrooms Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Bedroom 7 Bedroom Household Size 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons Household Size Income Adjust. Factor 70% 80% 90% 100% 108% 116% 124% 132% Mortgage Interest Rate 8.00%
Term (Years) 30
Downpayment (% of Sales Price) 10.00%
In Lieu Fee as % of Difference Between
Market and Affordable Home Price 15.00%
Per Unit Affordable Sales Price by Unit Bedroom Count
Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Bedroom 7 Bedroom 120% AMI
Annual Income Limit $70,644 $80,736 $90,828 $100,920 $108,994 $117,067 $125,141 $133,214 Affordable Ownership Payment (2) $1,766 $2,018 $2,271 $2,523 $2,725 $2,927 $3,129 $3,330 Supportable Mortgage $240,677 $275,020 $309,500 $343,843 $371,373 $398,902 $426,431 $453,824 Plus: Downpayment @ 10.00% $26,742 $30,558 $34,389 $38,205 $41,264 $44,322 $47,381 $50,425 Maximum Affordable Sales Price (3) $267,419 $305,578 $343,889 $382,048 $412,636 $443,224 $473,812 $504,249 Maximum Affordable Sales Price (Rounded) $267,400 $305,600 $343,900 $382,000 $412,600 $443,200 $473,800 $504,200 Market Home Price, Adjusted by Household Size (4) $427,350 $488,400 $549,610 $610,500 $659,404 $708,308 $757,212 $805,796 Maximum In Lieu Fee (5) $24,000 $27,400 $30,900 $34,300 $37,000 $39,800 $42,500 $45,200 Notes:
(1) The Santa Rosa MSA is comprised of Sonoma County.

Source: DRA
(2) Affordable ownership payment defined as monthly house payments, after a 10% downpayment but excluding taxes and HOA dues, if any, not to exceed 30% of gross monthly income. (3) The "maximum affordable sales price" for a moderate income household means the present value of a 30-year loan at 8% interest or prevailing mortgage interest rate, whichever is higher, in which monthly payments do not exceed 30% of 120% of median income. (5) The in lieu fee equals 15% of the difference between the maximum affordable sales price and the lesser of the actual sales price of the unit or the median sales price of houses in Sonoma County, adjusted for household size.
(4) The median price for new and resale homes and condos in Sonoma County in May 2018 of $610,500 from CoreLogic (formerly Dataquick) was assigned as the market price for a 3 bedroom unit and adjusted by unit size.
41 September 5, 2018
Via email
To: Kevin Thompson
From: Nora Lake-Brown, David Rosen
Subject: Review of Cloverdale Affordable and Market Rents and Sales Prices The City of Cloverdale retained David Paul Rosen & Associates (DRA) to calculate 2018 affordable rents and sales prices under the City’s Inclusionary Zoning Ordinance (IZO) and to analyze available data on market rents and sales prices in Cloverdale and the surrounding market area in the time leading up to and after the October, 2017 Tubbs fire. This memorandum describes DRA’s methodology and findings for this analysis.

Inclusionary Zoning Ordinance (IZO) Definitions of Affordable Sales Prices and Rents
Chapter 18.13. of the City of Coverdale Zoning Code, referred to as the City’s Inclusionary Zoning Ordinance or IZO, requires 15% of dwelling units in housing developments comprising five or more new units to be affordable units.

For rental units, the affordable units must be rented to “Lower Income Households” at “Affordable Rents”, using following definitions:
• “Lower Income Household” means a person or household whose gross annual income does not exceed 80% of the Sonoma County median income, adjusted for household size.
• “Affordable rent” means the monthly rent, including tenant-paid utilities and insurance, not to exceed thirty percent of the gross monthly income for a qualified household.

For ownership housing, the affordable units must be sold to “Moderate Income Households” or below at “Affordable Ownership Payments” and at a price not exceeding the “Maximum Affordable Home Price”, using the following definitions:
42 Mr. Kevin Thompson
September 5, 2018

Page 2 of 5 ends

• “Moderate Income Household” means a person or household whose gross annual income is between 80% and 120% of the Sonoma County median income, adjusted for household size.
• “Affordable Ownership Payment” means monthly house payments, after a 10% downpayment but excluding taxes and homeowners’ association dues, if any, not to exceed 30% of gross monthly income for a qualified household at the time the unit is purchased.
• “Maximum Affordable Sales Price” for a moderate income household means the present value of a 30-year loan at 8% interest or prevailing mortgage interest rate, whichever is higher, in which monthly payments do not exceed 30% of 120% of median income.

Affordable Rents
DRA calculated 2018 affordable rents for unit sizes ranging from studio units to four-bedroom units based on the IZO’s definitions, the 2018 Area Median Income of $84,100 for the Santa Rosa MSA, and current utility allowances from the Sonoma County Development Commission. In addition to the 80% AMI income level specified in the IZO, DRA calculated affordable rents for households at 30%, 50%, 60% and 100% of AMI. The resulting affordable rents are summarized in Table 1.

Table 1
Affordable Rents By Income Level
City of Cloverdale
2018
30% AMI 50% AMI 60% AMI
(IZO)
80% AMI 100% AMI
Studio $444 $787 $959 $1,303 $1,647
One-Bedroom $458 $827 $1,011 $1,379 $1,747
Two-Bedroom 587 $1,029 $1,250 $1,692 $2,134
Three-Bedroom $667 $1,178 $1,433 $1,944 $2,454
Four-Bedroom $733 $1,303 $1,588 $2,157 $2,727
Source: DRA.

Detailed affordable rent calculations are contained in Appendix Table A-1. 43 Mr. Kevin Thompson
September 5, 2018

Page 3 of 5 ends

Affordable Sales Prices
DRA calculated affordable sales prices for unit sizes ranging from studio units to five-bedroom units based on the IZO’s definitions and the 2018 Area Median Income of $84,100 for the Santa Rosa MSA. In addition to the 120% AMI income level specified in the IZO, DRA calculated affordable home sales prices with affordable housing cost pegged at 80%, 100% and 110% of AMI. The resulting affordable home sales prices are summarized in Table 2.

Table 2
Affordable Home Sales Prices by Income Level
City of Cloverdale
2018
80% AMI 100% AMI 110% AMI
(IZO)
120% AMI
Studio $178,000 $223,000 $245,000 $267,000
One-Bedroom $204,000 $255,000 $280,000 $306,000
Two-Bedroom $229,000 $287,000 $315,000 $344,000
Three-Bedroom $255,000 $318,000 $350,000 $382,000
Four-Bedroom $275,000 $344,000 $378,000 $413,000
Five-Bedroom $295,000 $369,000 $406,000 $443,000
Source: DRA.

Detailed affordable home sales price calculations are contained in Appendix Table A-2.

Market Rents
DRA analyzed available data on current rents and home prices, as well as recent trends, in the City of Cloverdale and the surrounding market area. Table 3 summarizes average market rents in market area cities for 2015 through 2018. The largest rent increase in the cities of Rohnert Park, Santa Rosa and Petaluma occurred between Sept. 2015 to Sept. 2016, with annual increases ranging from

7.2% to 12.8%, respectively. Rent increases moderated over the next two years, 44 Mr. Kevin Thompson
September 5, 2018

Page 4 of 5 ends

from Sept. 2015 through July 2018, with rates of increase ranging from 1.5% to

4.8% per year. Windsor has only one multifamily rental project in the database, reporting a 22.3% increase from Sept. 15 to Sept. 16 and then a slight decrease since.

The data do not provide any evidence of a sharp rent increase in the market area since the fall 2017 fires.

Average rents in Santa Rosa and Rohnert Park in July 2018 ($1,892 and $1,971, respectively) are more than 10% higher than the 2018 affordable rent for a twobedroom unit at 80% of AMI ($1,692) and slightly lower than the affordable rent for three-bedroom unit at the same income level ($1,944). The average rent in Petuluma ($2,339) is almost 10% higher than the affordable rent at 100% AMI for a two-bedroom unit ($2,134).

Table 3
Average Monthly Market Rents
Cloverdale Market Area Cities
2018
City of
Santa Rosa City of Petaluma
City of
Rohnert Park City of Windsor1
Average Monthly Market Rents
Sept 2015 $1,612 $1,984 $1,699 $1,225
Sept 2016 $1,765 $2,238 $1,821 $1,498
Sept 2017 $1,849 $2,271 $1,883 $1,450
July 2018 $1,892 $2,339 $1,971 $1,450
Annual Percent Increase
Sept ‘15 to Sept ‘16 9.5% 12.8% 7.2% 22.3%
Sept ‘16 to Sept ‘17 4.8% 1.5% 3.4% -3.2%
Sept ’17 to July ‘18 2.3% 3.0% 4.7% 0.0% 1
Data for only one multifamily rental development.

Sources: Rentcafe.com data on apartment buildings 50 units or larger; DRA.

Detailed market rent data by unit bedroom count is contained in Appendix Table A-3.
45 Mr. Kevin Thompson
September 5, 2018

Page 5 of 5 ends

Market Sales Prices
Table 4 summarizes median home sales prices by unit bedroom count in Cloverdale in 2017 and 2018 based on data on recorded sales in the City from ListSource (formerly Dataquick), and compares them with affordable prices at 120% of area median income.

The median sales prices for all homes sold between October 2017 and August 15, 2018 was 9.6% higher than the median price for all homes sold between January 2017 and September 2017. The largest price increase was for two-bedroom units at 20.0%.

The median market sales price for two-bedroom units is 53% higher than the affordable price. For three-bedroom units, the difference is 44%.

Table 4
Median Sales Prices
City of Cloverdale
2017 and 2018
2018 Affordable
Sales Price at
120% AMI
Median Home Sales Price
1/1/17 to
9/30/17
10/8/17 to
8/15/18
Percent
Increase
One-Bedroom $306,000 N/A N/A N/A
Two-Bedroom $344,000 $437,500 $525,000 20.0%
Three-Bedroom $382,000 $507,500 $550,000 8.4%
Four-Bedroom $413,000 $578,250 $615,000 6.4%
All Homes N/A $502,000 $550,000 9.6%
Sources: ListSource; DRA.

Detailed sales price data by unit bedroom count are contained in Appendix Table A-4 for January through September 2017 and in Appendix Table A-5 for October 2017 through August 2018.
46 Table A-1
Affordable Rent Calculations By Income Level
City of Cloverdale
2018
Assumptions
2018 Median Income, Santa Rosa MSA $84,100
2018 HUD Very Low Income Limit, 4 Persons, Santa Rosa MSA $49,100 Affordable Housing Cost As a % of Income 30%
No. of Bedrooms Studio One Bedroom Two Bedroom Three Bedroom Household Size 1.0 Persons 1.5 Persons 3.0 Persons 4.5 Persons Household Size Income Adjust. Factor (1) 70% 75% 90% 104% Renter Utility Allowance (2) $72 $94 $76 $99
Affordable Rents by Income Level
Studio One Bedroom Two Bedroom Three Bedroom
30% of Median
Annual Gross Income $20,622 $22,095 $26,514 $30,638
Affordable Monthly Housing Cost $516 $552 $663 $766
Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $444 $458 $587 $667
45% of Median
Annual Gross Income $30,933 $33,143 $39,771 $45,958
Affordable Monthly Housing Cost $773 $829 $994 $1,149
Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $701 $735 $918 $1,050
50% of Median
Annual Gross Income $34,370 $36,825 $44,190 $51,064
Affordable Monthly Housing Cost $859 $921 $1,105 $1,277 Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $787 $827 $1,029 $1,178
60% of Median
Annual Gross Income $41,244 $44,190 $53,028 $61,277
Affordable Monthly Housing Cost $1,031 $1,105 $1,326 $1,532 Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $959 $1,011 $1,250 $1,433
80% of Median
Annual Gross Income $54,992 $58,920 $70,704 $81,702
Affordable Monthly Housing Cost $1,375 $1,473 $1,768 $2,043 Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $1,303 $1,379 $1,692 $1,944
100% of Median
Annual Gross Income $68,740 $73,650 $88,380 $102,128
Affordable Monthly Housing Cost $1,719 $1,841 $2,210 $2,553 Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $1,647 $1,747 $2,134 $2,454
120% of Median
Annual Gross Income $82,488 $88,380 $106,056 $122,554
Affordable Monthly Housing Cost $2,062 $2,210 $2,651 $3,064 Less: Monthly Utility Allowance ($72) ($94) ($76) ($99) Affordable Monthly Rent $1,990 $2,116 $2,575 $2,965
Summary of Affordable Rents Studio One Bedroom Two Bedroom Three Bedroom 30% of Median $444 $458 $587 $667
45% of Median $701 $735 $918 $1,050
50% of Median $787 $827 $1,029 $1,178
60% of Median $959 $1,011 $1,250 $1,433
80% of Median $1,303 $1,379 $1,692 $1,944
100% of Median $1,647 $1,747 $2,134 $2,454
120% of Median $1,990 $2,116 $2,575 $2,965
(1) HUD published factors for adjusting household income by household size. (2) Assumes tenant pays electric heating, cooking and water heating, and other electric, based on utility allowances effective October 2017.

Sources: Sonoma County Community Development Commission; DRA 6 47
Table A-2
Affordable Home Sales Prices By Income Level
City of Cloverdale
2018

ASSUMPTIONS
2018 Median Income, Santa Rosa MSA $84,100
Affordable Housing Cost As a % of Income
Low Income (Up to 80% AMI) 30%
Moderate Income (Above 80% AMI) 30%
No. of Bedrooms Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Household Size, Health and Safety Code 1 Persons 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons Household Size Income Adjust. Factor 70% 80% 90% 100% 108% 116% Owner Utility Allowance (1) $0 $0 $0 $0 $0 $0
Monthly HOA Fee/Maint. Cost $0 $0 $0 $0 $0
Monthly Property Insurance $0 $0 $0 $0 $0
Property Tax Rate 0.00%
Downpayment as a % of Affordable Home Price 10.00%
Mortgage Interest Rate 8.00%
Term (Years) 30

AFFORDABLE HOUSING PAYMENT (PITI)
Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Very Low Income
50% AMI
Annual Gross Income $29,435 $33,640 $37,845 $42,050 $45,414 $48,778 Affordable Monthly Housing Cost 30% $736 $841 $946 $1,051 $1,135 $1,219 Less: HOA/Maintenance Expense/Utilities $0 $0 $0 $0 $0 $0 Less: Property Insurance $0 $0 $0 $0 $0 $0
Less: Property Taxes/Assessments (1) 0.00% $0 $0 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Available for Principal and Interest $736 $841 $946 $1,051 $1,135 $1,219 Supportable Mortgage $100,305 $114,614 $128,924 $143,234 $154,682 $166,130 Afford. Sales Price w/ Downpmt. @ 10.00% $111,450 $127,349 $143,249 $159,149 $171,869 $184,588 Low Income
80% AMI
Annual Gross Income $47,096 $53,824 $60,552 $67,280 $72,662 $78,045 Affordable Monthly Housing Cost 30% $1,177 $1,346 $1,514 $1,682 $1,817 $1,951 Less: HOA/Maintenance Expense/Utilities $0 $0 $0 $0 $0 $0 Less: Property Insurance $0 $0 $0 $0 $0 $0
Less: Property Taxes/Assessments (1) 0.00% $0 $0 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Available for Principal and Interest $1,177 $1,346 $1,514 $1,682 $1,817 $1,951 Supportable Mortgage $160,406 $183,438 $206,333 $229,229 $247,627 $265,889 Afford. Sales Price w/ Downpmt. @ 10.00% $178,229 $203,820 $229,259 $254,699 $275,141 $295,432 Moderate Income (3)
100% AMI
Annual Gross Income $58,870 $67,280 $75,690 $84,100 $90,828 $97,556.00 Affordable Monthly Housing Cost 30% $1,472 $1,682 $1,892 $2,103 $2,271 $2,439 Less: HOA/Maintenance Expense/Utilities $0 $0 $0 $0 $0 $0 Less: Property Insurance $0 $0 $0 $0 $0 $0
Less: Property Taxes/Assessments (1) 0.00% $0 $0 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Available for Principal and Interest $1,472 $1,682 $1,892 $2,103 $2,271 $2,439 Supportable Mortgage $200,609 $229,229 $257,848 $286,604 $309,500 $332,395 Afford. Sales Price w/ Downpmt. @ 10.00% $222,899 $254,699 $286,498 $318,449 $343,889 $369,328 110% AMI
Annual Gross Income $64,757 $74,008 $83,259 $92,510 $99,911 $107,311.60 Affordable Monthly Housing Cost 30% $1,619 $1,850 $2,081 $2,313 $2,498 $2,683 Less: HOA/Maintenance Expense/Utilities $0 $0 $0 $0 $0 $0 Less: Property Insurance $0 $0 $0 $0 $0 $0
Less: Property Taxes/Assessments (1) 0.00% $0 $0 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Available for Principal and Interest $1,619 $1,850 $2,081 $2,313 $2,498 $2,683 Supportable Mortgage $220,643 $252,124 $283,606 $315,224 $340,436 $365,649 Afford. Sales Price w/ Downpmt. @ 10.00% $245,159 $280,138 $315,118 $350,249 $378,262 $406,276 120% AMI
Annual Gross Income $70,644 $80,736 $90,828 $100,920 $108,994 $117,067 Affordable Monthly Housing Cost 30% $1,766 $2,018 $2,271 $2,523 $2,725 $2,927 Less: HOA/Maintenance Expense $0 $0 $0 $0 $0 $0
Less: Property Insurance $0 $0 $0 $0 $0 $0
Less: Property Taxes/Assessments (1) 0.00% $0 $0 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Available for Principal and Interest $1,766 $2,018 $2,271 $2,523 $2,725 $2,927 Supportable Mortgage $240,677 $275,020 $309,500 $343,843 $371,373 $398,902 Afford. Sales Price w/ Downpmt. @ 10.00% $267,419 $305,578 $343,889 $382,048 $412,636 $443,224 Summary of Affordable Home Prices (Rounded)
80% AMI $178,000 $204,000 $229,000 $255,000 $275,000 $295,000 100% AMI $223,000 $255,000 $286,000 $318,000 $344,000 $369,000 110% AMI $245,000 $280,000 $315,000 $350,000 $378,000 $406,000 120% AMI $267,000 $306,000 $344,000 $382,000 $413,000 $443,000 (1) HUD published factors for adjusting household income by household size. (1) Assumes natural gas heating, cooking and water heating, "other electric", water and trash collection.

Contra Costa Housing Authority, effective through July 31, 2007. (2) Property taxes calculated based on assessed value equal to affordable sales price with downpayment.

Source: DRA.
7 48
Table A-3
Apartment Rent Trends
Cloverdale Market Area
Percent Increase
Ave. Unit Size Jan-15 May-15 Sep-15 Jan-16 May-16 Sep-16 Jan-17 May-17 Sep-17 Jul-18 Sept-15 to Sept-16 to Sep-17 to Sep-16 Sep-17 Jul-18
City of Santa Rosa
Studio 474 $870 $854 $969 $966 $1,019 $1,043 $1,039 $1,100 $1,067 $1,079 7.64% 2.30% 1.12% 1 BR 651 $1,319 $1,401 $1,427 $1,423 $1,484 $1,562 $1,565 $1,621 $1,651 $1,674 9.46% 5.70% 1.39% 2 BR 956 $1,584 $1,672 $1,741 $1,727 $1,790 $1,912 $1,902 $1,955 $1,994 $2,052 9.82% 4.29% 2.91% 3 BR 1227 $1,869 $1,979 $2,083 $2,045 $2,115 $2,236 $2,285 $2,287 $2,314 $2,388 7.35% 3.49% 3.20% All Units 1227 $1,475 $1,560 $1,612 $1,602 $1,664 $1,765 $1,765 $1,815 $1,849 $1,892 9.49% 4.76% 2.33% City of Petaluma
Studio 671 $1,965 $1,830 $2,041 $2,199 $2,348 $2,543 $2,129 $2,152 $2,158 $2,381 24.60% -15.14% 10.33% 1 BR 766 $1,814 $1,843 $1,926 $1,994 $2,068 $2,098 $2,041 $2,117 $2,238 $2,210 8.93% 6.67% -1.25% 2 BR 1004 $1,942 $1,951 $1,970 $2,099 $2,183 $2,242 $2,292 $2,211 $2,226 $2,326 13.81% -0.71% 4.49% 3 BR 1448 $2,564 $2,638 $2,743 $2,855 $3,072 $3,085 $2,923 $3,088 $3,247 $3,269 12.47% 5.25% 0.68% All Units 944 $1,928 $1,943 $1,984 $2,101 $2,188 $2,238 $2,245 $2,219 $2,271 $2,339 12.80% 1.47% 2.99% City of Rohnert Park
Studio $847 $708 $747 $860 $937 $956 $956 $1,069 $988 $988 27.98% 3.35% 0.00% 1 BR $1,392 $1,417 $1,473 $1,561 $1,585 $1,623 $1,636 $1,694 $1,676 $1,738 10.18% 3.27% 3.70% 2 BR $1,703 $1,786 $1,916 $1,893 $1,938 $2,008 $1,969 $2,087 $2,055 $2,179 4.80% 2.34% 6.03% 3 BR $2,148 $2,145 $2,185 $2,171 $2,256 $2,297 $2,457 $2,509 $2,565 $2,604 5.13% 11.67% 1.52% All Units $1,560 $1,608 $1,699 $1,730 $1,768 $1,821 $1,819 $1,905 $1,883 $1,971 7.18% 3.40% 4.67% City of Windsor (1)
Studio $1,080 $1,175 $1,225 $1,350 $1,395 $1,498 $1,400 $1,475 $1,450 $1,450 22.29% -3.20% 0.00% (1) Includes data on one multifamily property.

Source: Rentcafe.com data on apartment buildings 50 units or larger; DRA. 8 49
Table A-4
Summary of Home Sales Prices
City of Cloverdale
Pre- and Post- Tubbs Fire
Pre-Fire (1) Post-Fire (2) Percent Change
One Bedroom Homes
Average Sales Price $425,000 $373,667 -12.1%
Median Sales Price N/A N/A
Average Price/SF $390.63 $377.68 -3.3%
Median Price/SF N/A N/A
Average Unit Size (SF) 1,088 03/10/2017
Number of Sales 1 3
Two Bedroom Homes
Average Sales Price $461,526 $503,691 9.1%
Median Sales Price $437,500 $525,000 20.0%
Average Price/SF $336.35 $374.13 11.2%
Median Price/SF $334.23 $358.63 7.3%
Average Unit Size (SF) 1,369 1,389
Number of Sales 38 55
Three Bedroom Homes
Average Sales Price $514,845 $560,071 8.8%
Median Sales Price $507,500 $550,000 8.4%
Average Price/SF $335.16 $339.95 1.4%
Median Price/SF $327.50 $329.49 0.6%
Average Unit Size (SF) 1,576 1,733 10.0%
Number of Sales 60 56
Four Bedroom Homes
Average Sales Price $573,909 $583,238 1.6%
Median Sales Price $578,250 $615,000 6.4%
Average Price/SF $279.75 $277.99 -0.6%
Median Price/SF $288.23 $284.76 -1.2%
Average Unit Size (SF) 2,084 2,130 2.2%
Number of Sales 22 21
Five Bedroom Homes
Average Sales Price $651,000 $583,238 -10.4%
Median Sales Price N/A $720,000
Average Price/SF $247.06 $249.82 1.1%
Median Price/SF N/A $257.33
Average Unit Size (SF) 2,635 2,798 6.2%
Number of Sales 2 3
All Homes
Average Sales Price $510,420 $544,149 6.6%
Median Sales Price $502,000 $550,000 9.6%
Average Price/SF $324.63 $342.86 5.6%
Median Price/SF $315.96 $329.85 4.4%
Average Unit Size (SF) 1,616 1,678 3.8%
Number of Sales 123 138
N/A = Too few records for meaningful results.
(1) Homes sold between January 1, 2017 and September 30, 2017. (2) Homes sold between October 8, 2017 and August 15, 2018.

Sources: ListSource; DRA.
9 50
Table A-5
Home Sales
City of Cloverdale
January 1, 2017 through September 30, 2017
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built One-Bedroom
261 Red Mountain Dr Cloverdale 95425 1,088 1 03/10/2017 $425,000 $390.63 Sfr 2000 Two-Bedroom
135 Las Colinas Dr Cloverdale 95425 1,162 2 09/19/2017 $207,000 $178.14 Sfr 1959 205 Elbridge Ave I Cloverdale 95425 1,135 2 01/11/2017 $239,000 $210.57 Condominium 1992 217 Elbridge Ave D Cloverdale 95425 912 2 03/30/2017 $241,000 $264.25 Condominium 1992 109 Elbridge Ave B Cloverdale 95425 1,070 2 03/07/2017 $243,000 $227.10 Condominium 1990 109 Elbridge Ave A Cloverdale 95425 910 2 07/21/2017 $251,000 $275.82 Condominium 1990 108 Treadway Ct Cloverdale 95425 977 2 03/24/2017 $275,000 $281.47 Pud 2006 123 Treadway Ct Cloverdale 95425 977 2 09/26/2017 $299,000 $306.04 Pud 2006 22521 Chianti Rd Cloverdale 95425 1,360 2 05/24/2017 $302,000 $222.06 Sfr 1987 209 N Washington St Cloverdale 95425 675 2 09/18/2017 $310,500 $460.00 Sfr 1898 126 Treadway Ct Cloverdale 95425 977 2 09/14/2017 $315,000 $322.42 Pud 2006 125 Champlain Ave Cloverdale 95425 1,376 2 03/29/2017 $340,000 $247.09 Sfr 1986 160 Healdsburg Ave C Cloverdale 95425 1,102 2 05/18/2017 $353,500 $320.78 Condominium 2007 101 Heidi Ln Cloverdale 95425 1,073 2 01/04/2017 $365,000 $340.17 Sfr 1974 223 E 3rd St Cloverdale 95425 948 2 03/02/2017 $366,500 $386.60 Sfr 1905 118 Brookside Dr Cloverdale 95425 923 2 07/13/2017 $375,000 $406.28 Sfr 1965 26841 Willow Ter Cloverdale 95425 1,344 2 01/23/2017 $390,000 $290.18 Mobile Home Lot 1986 190 Healdsburg Ave C Cloverdale 95425 1,266 2 06/07/2017 $400,000 $315.96 Condominium 2007 448 Haehl St Cloverdale 95425 1,118 2 03/17/2017 $410,000 $366.73 Sfr 1949 128 W Brookside Dr Cloverdale 95425 1,300 2 03/03/2017 $435,000 $334.62 Sfr 1998 201 Red Mountain Dr Cloverdale 95425 1,300 2 07/17/2017 $440,000 $338.46 Sfr 2000 101 Gentle Breeze Way Cloverdale 95425 1,300 2 09/19/2017 $450,000 $346.15 Sfr 1998 120 William Cir Cloverdale 95425 1,204 2 07/21/2017 $460,000 $382.06 Sfr 1990 540 S Cloverdale Blvd Cloverdale 95425 1,280 2 06/05/2017 $465,000 $363.28 Sfr 1949 419 N Washington St Cloverdale 95425 1,131 2 04/07/2017 $475,000 $419.98 Sfr 1947 1325 Wilson Rd Cloverdale 95425 808 2 06/06/2017 $490,000 $606.44 Sfr 1953 305 Rolling Hill Ct Cloverdale 95425 1,536 2 05/13/2017 $516,000 $335.94 Sfr 2000 134 Clover Springs Dr Cloverdale 95425 1,685 2 08/01/2017 $520,000 $308.61 Sfr 1999 302 Rolling Hill Ct Cloverdale 95425 1,871 2 01/24/2017 $525,000 $280.60 Sfr 2000 107 Spring Ct Cloverdale 95425 1,871 2 02/15/2017 $530,000 $283.27 Sfr 1999 306 Rolling Hill Ct Cloverdale 95425 1,536 2 09/19/2017 $534,000 $347.66 Sfr 2000 247 Red Mountain Dr Cloverdale 95425 1,672 2 03/28/2017 $546,000 $326.56 Sfr 1999 303 Rolling Hill Ct Cloverdale 95425 1,672 2 07/27/2017 $571,000 $341.51 Sfr 2000 157 Sutter Rd Cloverdale 95425 1,568 2 08/02/2017 $574,500 $366.39 Sfr 1987 214 Creekside St Cloverdale 95425 1,750 2 09/13/2017 $600,000 $342.86 Sfr 2000 133 Clover Springs Dr Cloverdale 95425 1,620 2 06/26/2017 $624,000 $385.19 Sfr 1998 120 Wisteria Cir Cloverdale 95425 2,056 2 04/28/2017 $625,000 $303.99 Sfr 1998 435 N Cloverdale Blvd Cloverdale 95425 3,295 2 02/23/2017 $1,100,000 $333.84 Triplex 1922 26828 River Rd Cloverdale 95425 2,246 2 05/06/2017 $1,375,000 $612.20 Sfr 1991 Average 1,369 $461,526 $336.35
Median 1,290 $437,500 $334.23
Bottom of Range 3,295 $1,375,000 $612.20
Top of Range 675 $207,000 $178.14
Three-Bedroom
103 Garden Circle Way Cloverdale 95425 1,115 3 01/03/2017 $300,000 $269.06 Sfr 1998 111 Garden Circle Way Cloverdale 95425 1,115 3 03/16/2017 $315,000 $282.51 Sfr 1998 111 Treadway Ct Cloverdale 95425 1,447 3 01/24/2017 $319,000 $220.46 Pud 2006 101 Garden Circle Way Cloverdale 95425 1,115 3 09/06/2017 $330,000 $295.96 Sfr 1998 105 Kay Ct Cloverdale 95425 1,176 3 02/14/2017 $350,000 $297.62 Sfr 1985 10 51
Table A-5
Home Sales
City of Cloverdale
January 1, 2017 through September 30, 2017
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built 212 S East St Cloverdale 95425 1,170 3 07/02/2017 $360,000 $307.69 Sfr 1920 123 Railroad Ave Cloverdale 95425 996 3 04/03/2017 $365,000 $366.47 Duplex 1900 106 Furber Ln Cloverdale 95425 1,906 3 08/17/2017 $368,000 $193.07 Sfr 1988 74 Allen Ave Cloverdale 95425 1,092 3 04/07/2017 $407,000 $372.71 Sfr 1956 67 Hillview Dr Cloverdale 95425 1,600 3 08/04/2017 $408,000 $255.00 Sfr 1962 531 N Jefferson St 24 Cloverdale 95425 1,064 3 04/13/2017 $410,000 $385.34 Sfr 1984 30 E Cherry Creek Rd Cloverdale 95425 1,672 3 06/23/2017 $415,000 $248.21 Sfr 1973 87 Clark Ave Cloverdale 95425 1,003 3 03/30/2017 $430,000 $428.71 Sfr 1955 195 Stonegate Cir D Cloverdale 95425 1,533 3 07/19/2017 $435,000 $283.76 Condominium 2007 104 Wallace Ln Cloverdale 95425 1,574 3 03/17/2017 $442,000 $280.81 Sfr 1990 30 W Brookside Dr Cloverdale 95425 1,442 3 09/15/2017 $445,000 $308.60 Sfr 2004 16 Tarman Dr Cloverdale 95425 927 3 02/08/2017 $445,000 $480.04 Sfr 1951 113 Marguerite Ln Cloverdale 95425 1,528 3 06/06/2017 $455,000 $297.77 Sfr 1988 744 S Foothill Blvd Cloverdale 95425 1,107 3 04/12/2017 $460,000 $415.54 Sfr 1977 115 Chablis Way Cloverdale 95425 1,144 3 03/02/2017 $465,000 $406.47 Sfr 1977 112 South St Cloverdale 95425 1,592 3 03/29/2017 $467,500 $293.66 Sfr 1947 127 Rosewood Dr Cloverdale 95425 1,400 3 03/15/2017 $473,100 $337.93 Sfr 1965 1010 Rockwell Rd Cloverdale 95425 1,284 3 08/01/2017 $480,000 $373.83 Sfr 1977 406 N Jefferson St Cloverdale 95425 1,430 3 09/28/2017 $480,000 $335.66 Sfr 1947 123 William Cir Cloverdale 95425 1,574 3 03/02/2017 $480,000 $304.96 Sfr 1990 103 Roan Ct Cloverdale 95425 1,514 3 05/11/2017 $485,000 $320.34 Sfr 1989 119 William Cir Cloverdale 95425 1,574 3 09/05/2017 $487,500 $309.72 Sfr 1990 109 Timber Ridge Ct Cloverdale 95425 1,428 3 08/25/2017 $493,000 $345.24 Sfr 2005 526 Venezia Way Cloverdale 95425 1,508 3 08/02/2017 $495,000 $328.25 Sfr 1998 220 N Jefferson St Cloverdale 95425 1,215 3 03/21/2017 $502,000 $413.17 Sfr 1973 579 School St Cloverdale 95425 1,223 3 08/10/2017 $513,000 $419.46 Sfr 1975 446 Riesling St Cloverdale 95425 1,551 3 05/12/2017 $520,000 $335.27 Sfr 2003 307 Toscana Cir Cloverdale 95425 1,443 3 06/05/2017 $525,000 $363.83 Sfr 1999 250 Geysers Rd Cloverdale 95425 1,758 3 03/21/2017 $525,000 $298.63 Sfr 1998 482 Muscat Dr Cloverdale 95425 1,531 3 04/03/2017 $525,000 $342.91 Sfr 2001 311 Toscana Cir Cloverdale 95425 1,443 3 04/27/2017 $527,000 $365.21 Sfr 1999 1243 Wilson Rd Cloverdale 95425 2,184 3 07/27/2017 $529,000 $242.22 Sfr 1999 130 Furber Ln Cloverdale 95425 1,906 3 03/13/2017 $535,000 $280.69 Sfr 1988 199 Vine Dr Cloverdale 95425 1,810 3 01/25/2017 $539,000 $297.79 Sfr 1981 467 Gamay Dr Cloverdale 95425 1,531 3 09/26/2017 $539,100 $352.12 Sfr 2001 307 Pepperwood Dr Cloverdale 95425 1,821 3 06/21/2017 $540,000 $296.54 Sfr 2002 104 Lavender Ct Cloverdale 95425 1,551 3 04/27/2017 $549,000 $353.97 Sfr 2004 406 Cabernet St Cloverdale 95425 1,551 3 07/25/2017 $550,000 $354.61 Sfr 2003 101 Timber Ridge Ct Cloverdale 95425 1,556 3 07/03/2017 $557,500 $358.29 Sfr 2004 102 Mulberry Dr Cloverdale 95425 1,819 3 08/30/2017 $575,000 $316.11 Sfr 1900 147 Champlain Ave Cloverdale 95425 1,179 3 05/16/2017 $575,000 $487.70 Sfr 1927 313 Moonlight Cir Cloverdale 95425 2,223 3 07/19/2017 $575,000 $258.66 Sfr 2005 310 Homewood Ct Cloverdale 95425 1,745 3 07/18/2017 $575,000 $329.51 Sfr 2001 311 Homewood Ct Cloverdale 95425 1,745 3 07/31/2017 $579,000 $331.81 Sfr 2001 111 Douglas Fir Cir Cloverdale 95425 1,821 3 04/27/2017 $595,000 $326.74 Sfr 2003 109 Primrose Ln Cloverdale 95425 1,821 3 08/31/2017 $615,000 $337.73 Sfr 2003 1131 Palomino Rd Cloverdale 95425 2,070 3 08/17/2017 $639,000 $308.70 Sfr 1987 27150 Chrome Iron Rd Cloverdale 95425 1,187 3 06/13/2017 $649,000 $546.76 Sfr 1978 122 Wisteria Cir Cloverdale 95425 2,338 3 06/14/2017 $649,000 $277.59 Sfr 1998 99 Lile Ln Cloverdale 95425 1,424 3 06/12/2017 $675,000 $474.02 Sfr 1948 422 N Foothill Blvd Cloverdale 95425 1,895 3 07/05/2017 $700,000 $369.39 Sfr 1986 126 St John Pl Cloverdale 95425 2,438 3 04/04/2017 $725,000 $297.37 Sfr 2002 310 Sunrise Dr Cloverdale 95425 2,585 3 08/24/2017 $749,000 $289.75 Sfr 2005 29730 River Rd Cloverdale 95425 1,845 3 03/13/2017 $850,000 $460.70 Sfr 1968 11 52
Table A-5
Home Sales
City of Cloverdale
January 1, 2017 through September 30, 2017
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built 1765 Trimble Ln Cloverdale 95425 3,340 3 07/26/2017 $925,000 $276.95 Sfr 1992 Average 1,576 $514,845 $335.16
Median 1,532 $507,500 $327.50
Bottom of Range 3,340 $925,000 $546.76
Top of Range 675 $207,000 $178.14
Four Bedroom
403 Butler Ct Cloverdale 95425 2,416 4 03/02/2017 $140,000 $57.95 Duplex 1992 107 Ioli Ranch Cir Cloverdale 95425 1,394 4 06/15/2017 $330,000 $236.73 Sfr 2004 117 Garden Circle Way Cloverdale 95425 1,236 4 08/17/2017 $375,000 $303.40 Sfr 1998 301 Ioli Ranch Cir Cloverdale 95425 1,423 4 07/07/2017 $420,000 $295.15 Sfr 2004 217 Portofino Way Cloverdale 95425 2,080 4 03/31/2017 $475,000 $228.37 Sfr 1998 313 Toscana Cir Cloverdale 95425 2,098 4 05/11/2017 $500,000 $238.32 Sfr 2000 413 Riesling St Cloverdale 95425 1,888 4 05/30/2017 $530,000 $280.72 Sfr 2003 209 Chablis Way Cloverdale 95425 1,858 4 09/13/2017 $550,000 $296.02 Sfr 1989 406 Healdsburg Ave Cloverdale 95425 1,888 4 08/14/2017 $560,000 $296.61 Sfr 2003 585 W 2nd St Cloverdale 95425 2,304 4 03/17/2017 $567,500 $246.31 Sfr 1973 311 Champlain Ave Cloverdale 95425 2,130 4 06/26/2017 $569,000 $267.14 Sfr 1954 138 Douglas Fir Cir Cloverdale 95425 2,116 4 02/22/2017 $587,500 $277.65 Sfr 2003 304 Laurel Ct Cloverdale 95425 2,116 4 03/20/2017 $625,000 $295.37 Sfr 2002 113 Timber Ridge Ct Cloverdale 95425 1,992 4 05/05/2017 $630,000 $316.27 Sfr 2004 307 Elbridge Ave Cloverdale 95425 2,116 4 04/11/2017 $640,000 $302.46 Sfr 2002 116 St Michael Ct Cloverdale 95425 1,660 4 04/27/2017 $640,000 $385.54 Sfr 2002 313 Elbridge Ave Cloverdale 95425 2,116 4 04/14/2017 $650,000 $307.18 Sfr 2002 606 N Cloverdale Blvd A Cloverdale 95425 1,756 4 03/23/2017 $710,000 $404.33 Sfr 1873 121 Zinfandel Ct Cloverdale 95425 2,853 4 05/16/2017 $725,000 $254.12 Sfr 2004 313 Sunrise Dr Cloverdale 95425 2,400 4 07/05/2017 $770,000 $320.83 Duplex 2005 41093 River Rd Cloverdale 95425 2,819 4 08/21/2017 $793,000 $281.31 Sfr 2007 300 Kerry Ln Cloverdale 95425 3,193 4 06/01/2017 $839,000 $262.76 Sfr 2004 Average 2,084 $573,909 $279.75
Median 2,107 $578,250 $288.23
Bottom of Range 3,193 $839,000 $404.33
Top of Range 1,236 $140,000 $57.95
Five-Bedroom
524 Venezia Way Cloverdale 95425 2,628 5 01/11/2017 $602,000 $229.07 Sfr 1998 302 Milan Ct Cloverdale 95425 2,641 5 08/02/2017 $700,000 $265.05 Sfr 1998 Average Price 2,635 $651,000 $247.06
All Home Sales
Average 1,616 $510,420 $324.63
Median 1,536 $502,000 $315.96
Bottom of Range 3,340 $1,375,000 $612.20
Top of Range 675 $140,000 $57.95
Sources: ListSource; DRA
12 53
Table A-6
Home Sales
City of Cloverdale
October 8, 2017 to August 15, 2018
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built One Bedroom
127 Vista View Dr Cloverdale 95425 713 1 05/09/2018 $212,500 $298.04 Condominium 1985 160 Porterfield Creek Dr Cloverdale 95425 1,088 1 12/21/2017 $453,500 $416.82 Sfr 1999 164 Porterfield Creek Dr Cloverdale 95425 1,088 1 02/16/2018 $455,000 $418.20 Sfr 1999 Average 963 $373,667 $377.68
Median 1,088 $453,500 $416.82
Two Bedroom
28800 Hwy 11 Cloverdale 95425 792 2 12/07/2017 $130,000 $164.14 Sfr 1947 217 Elbridge Ave G Cloverdale 95425 912 2 12/29/2017 $240,000 $263.16 Condominium 1992 117 Elbridge Ave D Cloverdale 95425 1,070 2 01/19/2018 $254,000 $237.38 Condominium 1990 137 Vista View Dr Cloverdale 95425 824 2 05/15/2018 $292,000 $354.37 Condominium 1985 125 Elbridge Ave E Cloverdale 95425 1,070 2 07/17/2018 $293,000 $273.83 Condominium 1990 32060 Mccray Rd Cloverdale 95425 1,504 2 12/14/2017 $300,000 $199.47 Sfr 1953 438 N Jefferson St Cloverdale 95425 950 2 03/09/2018 $300,000 $315.79 Sfr 1953 101 Vista View Dr Cloverdale 95425 1,120 2 03/12/2018 $327,500 $292.41 Condominium 1985 195 Stonegate Cir C Cloverdale 95425 1,102 2 05/16/2018 $355,000 $322.14 Condominium 2007 175 Stonegate Cir E Cloverdale 95425 1,102 2 01/11/2018 $370,000 $335.75 Condominium 2007 411 W 4th St Cloverdale 95425 1,282 2 01/22/2018 $375,000 $292.51 Sfr 1953 218 Albany St Cloverdale 95425 1,536 2 07/12/2018 $400,000 $260.42 Sfr 2000 132 Brookside Dr Cloverdale 95425 752 2 05/16/2018 $400,000 $531.91 Sfr 1965 207 Triplett Dr Cloverdale 95425 1,064 2 01/24/2018 $404,000 $379.70 Sfr 1947 124 E 4th St Cloverdale 95425 783 2 11/06/2017 $422,000 $538.95 Sfr 1956 402 S Franklin St Cloverdale 95425 748 2 02/07/2018 $426,000 $569.52 Sfr 1938 160 Healdsburg Ave E Cloverdale 95425 1,266 2 03/28/2018 $440,000 $347.55 Condominium 2007 105 Hiatt Rd Cloverdale 95425 1,728 2 11/14/2017 $450,000 $260.42 Mobile Home Lot 1976 411 Merlot Dr Cloverdale 95425 1,182 2 11/28/2017 $469,000 $396.79 Sfr 1995 447 N Washington St Cloverdale 95425 1,308 2 12/12/2017 $480,000 $366.97 Sfr 1963 270 Red Mountain Dr Cloverdale 95425 1,300 2 11/10/2017 $495,000 $380.77 Sfr 2000 133 Champlain Ave Cloverdale 95425 852 2 06/19/2018 $495,000 $580.99 Sfr 1915 109 Clover Springs Dr Cloverdale 95425 1,536 2 10/24/2017 $505,000 $328.78 Sfr 1998 104 Plumeria Ct Cloverdale 95425 1,300 2 03/06/2018 $510,000 $392.31 Sfr 1998 116 Railroad Ave Cloverdale 95425 1,577 2 01/11/2018 $519,000 $329.11 Duplex 1960 132 Clover Springs Dr Cloverdale 95425 1,536 2 10/30/2017 $520,000 $338.54 Sfr 1999 102 Spring Ct Cloverdale 95425 1,300 2 05/07/2018 $520,000 $400.00 Sfr 1998 125 Mulberry Dr Cloverdale 95425 708 2 06/26/2018 $525,000 $741.53 Sfr 1904 214 Albany St Cloverdale 95425 1,300 2 05/22/2018 $530,000 $407.69 Sfr 2000 313 Rolling Hill Ct Cloverdale 95425 1,300 2 04/30/2018 $530,000 $407.69 Sfr 2000 112 N East St Cloverdale 95425 1,504 2 04/23/2018 $533,500 $354.72 Sfr 1971 120 Railroad Ave Cloverdale 95425 1,327 2 03/23/2018 $535,000 $403.17 Duplex 1920 128 Porterfield Creek Dr Cloverdale 95425 1,789 2 11/06/2017 $550,000 $307.43 Sfr 1999 112 Porterfield Creek Dr Cloverdale 95425 1,300 2 03/14/2018 $550,000 $423.08 Sfr 1999 205 Albany St Cloverdale 95425 1,536 2 02/02/2018 $566,000 $368.49 Sfr 2000 208 Albertz St Cloverdale 95425 1,536 2 07/23/2018 $575,000 $374.35 Sfr 1999 109 Porterfield Creek Dr Cloverdale 95425 1,536 2 06/11/2018 $575,000 $374.35 Sfr 1998 136 Porterfield Creek Dr Cloverdale 95425 1,536 2 01/23/2018 $575,000 $374.35 Sfr 1999 499 N Foothill Blvd Cloverdale 95425 1,214 2 06/11/2018 $575,000 $473.64 Sfr 1986 102 Brook Ct Cloverdale 95425 1,536 2 05/16/2018 $593,000 $386.07 Sfr 1998 206 Creekside St Cloverdale 95425 1,672 2 02/28/2018 $594,000 $355.26 Sfr 1999 1068 Palomino Rd Cloverdale 95425 1,028 2 11/09/2017 $595,000 $578.79 Sfr 1969 128 Wisteria Cir Cloverdale 95425 2,056 2 12/11/2017 $599,000 $291.34 Sfr 1998 316 Rolling Hill Ct Cloverdale 95425 1,536 2 06/01/2018 $617,000 $401.69 Sfr 2000 13 54
Table A-6
Home Sales
City of Cloverdale
October 8, 2017 to August 15, 2018
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built 108 Grape Gables Way Cloverdale 95425 1,886 2 11/08/2017 $620,000 $328.74 Sfr 2003 317 Rolling Hill Ct Cloverdale 95425 1,685 2 07/08/2018 $627,000 $372.11 Sfr 2000 108 Douglas Fir Cir Cloverdale 95425 1,886 2 02/28/2018 $635,000 $336.69 Sfr 2003 105 Wisteria Cir Cloverdale 95425 2,056 2 03/14/2018 $635,000 $308.85 Sfr 1998 314 Cottage Ct Cloverdale 95425 1,886 2 06/28/2018 $646,000 $342.52 Sfr 2001 222 Red Mountain Dr Cloverdale 95425 1,672 2 07/06/2018 $650,000 $388.76 Sfr 2000 108 N Jefferson St Cloverdale 95425 1,127 2 12/14/2017 $650,000 $576.75 Duplex 1948 125 Preston Dr Cloverdale 95425 2,270 2 07/25/2018 $665,000 $292.95 Sfr 1961 307 Clover Springs Dr Cloverdale 95425 1,871 2 04/11/2018 $671,000 $358.63 Sfr 2000 26851 Mountain Pine Rd Cloverdale 95425 2,454 2 03/07/2018 $795,000 $323.96 Sfr 1980 101 South St Cloverdale 95425 1,702 2 05/10/2018 $800,000 $470.04 Sfr 1900 Average 1,389 $503,691 $374.13
Median 1,308 $525,000 $358.63
Bottom of Range 2,454 $800,000 $741.53
Top of Range 708 $130,000 $164.14
Three Bedroom
113 Treadway Ct Cloverdale 95425 1,447 3 06/14/2018 $100,000 $69.11 Pud 2006 110 Douglas Fir Cir Cloverdale 95425 1,821 3 04/11/2018 $301,000 $165.29 Sfr 2003 59 Clark Ave Cloverdale 95425 1,140 3 11/16/2017 $409,000 $358.77 Sfr 1954 82 Allen Ave Cloverdale 95425 1,092 3 05/22/2018 $423,000 $387.36 Sfr 1956 25 Block Dr Cloverdale 95425 1,618 3 12/13/2017 $425,000 $262.67 Sfr 1952 115 Treadway Ct Cloverdale 95425 1,447 3 04/02/2018 $431,000 $297.86 Pud 2006 212 Triplett Dr Cloverdale 95425 1,008 3 01/09/2018 $435,000 $431.55 Sfr 1958 97 Mayor Way Cloverdale 95425 1,200 3 10/12/2017 $447,000 $372.50 Sfr 1956 481 Haehl St Cloverdale 95425 1,424 3 10/25/2017 $447,000 $313.90 Sfr 1958 185 Stonegate Cir A Cloverdale 95425 1,640 3 06/14/2018 $450,000 $274.39 Condominium 2007 190 Healdsburg Ave D Cloverdale 95425 1,533 3 03/19/2018 $452,000 $294.85 Condominium 2007 180 Healdsburg Ave A Cloverdale 95425 1,533 3 06/18/2018 $470,000 $306.59 Condominium 2009 121 Allen Ave Cloverdale 95425 1,137 3 07/02/2018 $475,000 $417.77 Sfr 1956 82 Tarman Dr Cloverdale 95425 1,092 3 04/03/2018 $480,000 $439.56 Sfr 1955 436 W 2nd St Cloverdale 95425 1,465 3 03/02/2018 $496,000 $338.57 Sfr 1988 92 W Brookside Dr Cloverdale 95425 1,442 3 06/01/2018 $499,000 $346.05 Sfr 2004 433 W 1st St Cloverdale 95425 1,567 3 11/27/2017 $500,000 $319.08 Sfr 1965 136 Furber Ln Cloverdale 95425 1,293 3 03/05/2018 $500,000 $386.70 Sfr 1992 40 El Rancho Dr Cloverdale 95425 1,648 3 10/30/2017 $500,000 $303.40 Sfr 1959 580 School St Cloverdale 95425 1,336 3 11/02/2017 $500,000 $374.25 Sfr 1952 473 Muscat Dr Cloverdale 95425 1,531 3 06/11/2018 $511,000 $333.77 Sfr 2001 101 Wallace Ln Cloverdale 95425 1,860 3 11/16/2017 $528,000 $283.87 Sfr 1990 103 Rosewood Dr Cloverdale 95425 1,092 3 04/15/2018 $530,000 $485.35 Sfr 1956 129 William Cir Cloverdale 95425 1,422 3 03/16/2018 $531,000 $373.42 Sfr 1992 204 Portofino Way Cloverdale 95425 1,962 3 07/02/2018 $535,000 $272.68 Sfr 1990 177 Vine Dr Cloverdale 95425 1,232 3 02/01/2018 $540,000 $438.31 Sfr 1981 21 Burgundy Ct Cloverdale 95425 1,248 3 01/08/2018 $540,000 $432.69 Sfr 1978 26500 River Rd Cloverdale 95425 768 3 06/14/2018 $550,000 $716.15 Sfr 11 Rose Ct Cloverdale 95425 1,330 3 11/09/2017 $550,000 $413.53 Sfr 1978 15 King Ridge Hts Cloverdale 95425 1,789 3 03/15/2018 $550,000 $307.43 Sfr 1988 130 Chablis Way Cloverdale 95425 1,865 3 04/27/2018 $550,000 $294.91 Sfr 1978 26835 Madrone Rd Cloverdale 95425 1,176 3 04/11/2018 $557,000 $473.64 Sfr 1980 110 Oakbrook Ln Cloverdale 95425 2,266 3 05/04/2018 $565,000 $249.34 Sfr 1989 20 Preston Dr Cloverdale 95425 1,619 3 03/22/2018 $570,000 $352.07 Sfr 1993 617 W 4th St Cloverdale 95425 1,125 3 03/27/2018 $579,000 $514.67 Sfr 1964 14 55
Table A-6
Home Sales
City of Cloverdale
October 8, 2017 to August 15, 2018
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built 550 N Jefferson St Cloverdale 95425 1,962 3 03/08/2018 $580,000 $295.62 Sfr 1990 100 St Michael Ct Cloverdale 95425 1,660 3 05/29/2018 $585,000 $352.41 Sfr 2002 405 Stameroff Ct Cloverdale 95425 1,708 3 11/14/2017 $600,000 $351.29 Sfr 1978 102 Caledonian Ct Cloverdale 95425 2,381 3 02/21/2018 $600,000 $251.99 Sfr 2006 106 Douglas Fir Cir Cloverdale 95425 1,821 3 11/01/2017 $602,000 $330.59 Sfr 2003 315 N Cloverdale Blvd Cloverdale 95425 2,238 3 06/21/2018 $610,000 $272.56 Sfr 1903 451 Merlot Dr Cloverdale 95425 1,740 3 02/20/2018 $615,000 $353.45 Sfr 2001 115 Grape Gables Way Cloverdale 95425 1,886 3 05/15/2018 $615,000 $326.09 Sfr 2004 478 S Foothill Blvd Cloverdale 95425 1,795 3 04/09/2018 $625,000 $348.19 Sfr 2004 453 Riesling St Cloverdale 95425 1,795 3 06/13/2018 $629,000 $350.42 Sfr 2003 312 Moonlight Cir Cloverdale 95425 1,584 3 03/05/2018 $640,000 $404.04 Sfr 2005 304 Sunrise Dr Cloverdale 95425 2,050 3 11/22/2017 $650,000 $317.07 Sfr 2005 894 N Cloverdale Blvd Cloverdale 95425 2,732 3 03/02/2018 $650,000 $237.92 Sfr 1966 104 Gentle Breeze Way Cloverdale 95425 2,338 3 05/14/2018 $660,000 $282.29 Sfr 1998 306 Sunrise Dr Cloverdale 95425 2,223 3 12/21/2017 $730,000 $328.39 Sfr 2005 319 Moonlight Cir Cloverdale 95425 2,585 3 02/06/2018 $740,000 $286.27 Sfr 2005 307 Laurel Ct Cloverdale 95425 2,464 3 12/12/2017 $769,000 $312.09 Sfr 2002 122 Heidi Ln Cloverdale 95425 2,056 3 07/10/2018 $775,000 $376.95 Sfr 1996 306 Moonlight Cir Cloverdale 95425 2,400 3 06/25/2018 $779,000 $324.58 Sfr 2005 541 Port Cir Cloverdale 95425 3,845 3 10/31/2017 $839,000 $218.21 Sfr 2005 1500 Trimble Ln Cloverdale 95425 3,636 3 03/30/2018 $1,145,000 $314.91 Sfr 1994 Average 1,733 $560,071 $339.95
Median 1,630 $550,000 $329.49
Bottom of Range 3,845 $1,145,000 $716.15
Top of Range 768 $100,000 $69.11
Four Bedroom
126 Brookside Dr Cloverdale 95425 2,258 4 07/10/2018 $50,000 $22.14 Sfr 1959 147 Brookside Dr Cloverdale 95425 1,275 4 12/20/2017 $124,500 $97.65 Sfr 1970 20 Alter St Cloverdale 95425 1,191 4 02/23/2018 $370,000 $310.66 Sfr 1951 107 Elm St Cloverdale 95425 1,182 4 12/28/2017 $460,000 $389.17 Sfr 1954 555 N Jefferson St Cloverdale 95425 2,187 4 11/07/2017 $500,000 $228.62 Sfr 1997 447 W 2nd St Cloverdale 95425 1,760 4 02/21/2018 $515,000 $292.61 Sfr 1958 100 Oakbrook Ln Cloverdale 95425 1,949 4 10/27/2017 $555,000 $284.76 Sfr 1989 311 Portofino Way Cloverdale 95425 2,098 4 03/26/2018 $570,000 $271.69 Sfr 2000 104 Chardonnay Ct Cloverdale 95425 1,858 4 06/11/2018 $580,000 $312.16 Sfr 1989 108 Sierra Ct Cloverdale 95425 2,339 4 04/23/2018 $592,500 $253.31 Sfr 2004 116 W 1st St Cloverdale 95425 2,125 4 07/10/2018 $615,000 $289.41 Duplex 1930 461 Muscat Dr Cloverdale 95425 2,099 4 02/08/2018 $620,000 $295.38 Sfr 2000 433 N Jefferson St Cloverdale 95425 2,457 4 03/20/2018 $625,000 $254.38 Sfr 1953 574 Hillside Dr Cloverdale 95425 2,524 4 01/08/2018 $660,000 $261.49 Sfr 2006 105 Primrose Ln Cloverdale 95425 2,646 4 02/21/2018 $682,000 $257.75 Sfr 2003 301 Elbridge Ave Cloverdale 95425 2,116 4 12/26/2017 $685,000 $323.72 Sfr 2002 7 Hillside Ct Cloverdale 95425 2,210 4 07/10/2018 $725,000 $328.05 Sfr 1998 311 Buckeye Cir Cloverdale 95425 2,116 4 12/18/2017 $725,000 $342.63 Sfr 2002 520 Port Cir Cloverdale 95425 2,853 4 11/09/2017 $795,000 $278.65 Sfr 2005 1121 Riparian Way Cloverdale 95425 1,730 4 07/11/2018 $850,000 $491.33 Sfr 1968 509 Port Cir Cloverdale 95425 3,764 4 10/20/2017 $949,000 $252.13 Sfr 2004 Average 2,130 $583,238 $277.99
Median 2,116 $615,000 $284.76
Bottom of Range 3,764 $949,000 $491.33
Top of Range 1,182 $50,000 $22.14
15 56
Table A-6
Home Sales
City of Cloverdale
October 8, 2017 to August 15, 2018
Property Address City Zip Code Unit SF Bedrooms Sale Date Sale Price Price/SF Property Type Year Built Five-Bedroom
317 Pepperwood Dr Cloverdale 95425 2,798 5 12/18/2017 $699,000 $249.82 Sfr 2003 113 Primrose Ln Cloverdale 95425 2,798 5 05/07/2018 $720,000 $257.33 Sfr 2003 316 Elbridge Ave Cloverdale 95425 2,798 5 10/31/2017 $725,000 $259.11 Sfr 2004 Average 2,798 $583,238 $277.99
Median 2,798 $615,000 $284.76
Six-Bedroom
105 Caledonian Ct Cloverdale 95425 2,777 6 05/11/2018 $725,000 $261.07 Duplex 2006 All Home Sales
Average 1,678 $544,149 $342.86
Median 1,552 $550,000 $329.85
Bottom of Range 3,845 $1,145,000 $741.53
Top of Range 708 $50,000 $22.14
Sources: ListSource; DRA
16 57
Inclusionary Zoning Ordinance
and In-Lieu Fee
Cloverdale City Council
9_25_24
58 Background
• Budget meeting Council asked for update on the Inclusionary Housing Ordinance
• $25,000 budgeted to update in-lieu fee
59 City’s Inclusionary Housing Ordinance
• The ordinance applies to any project proposing five or more housing units, whether for rental or sale.
• Requires that 15% of new housing units in residential developments be designated as affordable.
• Other ways to meet the requirements, pay in-lieu fee, donate land 60 Inclusionary Requirements
RENTAL PROJECT:
• Projects with 5 or more units
• Rental- 15% must be rented low-income
• Built on-site
• Maximum rent
OWNERSHIP PROJECT:
• Projects with 5 or more units
• Over 15 units, units must be constructed on-site
• Donation of land
61 Specific Requirements
Inclusionary units must be constructed at the site of the housing development subject to inclusionary housing requirements Rental Inclusionary units For Sale Inclusionary units
Must be rented to lower income households
60% Area Median Income
15% of total units constructed
For life of project
Must be sold to moderate income households
Must be similar in size and features
15% of total units constructed
Affordability Agreement Required
For life of project
62 In-Lieu Fee Calculation
Rental:

Rental Calculation- maximum rent calculation
For Sale:
• In some cases, a developer has the option to pay an in-lieu fee instead of providing units
• The ordinance defines how the fee calculation is conducted 63 Recommendation
• Provide comments on Inclusionary Ordinance
• Direct Staff to initiate updating the in-lieu fee
64 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

I.2
September 25, 2024
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Agenda Item Title:

Authorization for FAA Airport Improvement Program (AIP) Grant for Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) Installation at the Cloverdale Municipal Airport ________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing The Submittal and Acceptance of an FAA Airport Improvement Program Grant Funding Agreement For Design, Bidding and Installation Of Precision Approach Path Indicator (PAPI) Lights And Runway End Identifier Lights (REIL) on Runway 32 at the Cloverdale Municipal Airport.” ________________________________________________________________________________________ Background:

The Cloverdale Municipal Airport is a valuable city asset and supports general aviation. To enhance operational safety, the City is seeking funding from the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) to install a Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) on Runway 32. These lighting systems are critical for ensuring safer landings, especially under low visibility or nighttime conditions. PAPI lights provide visual descent guidance, while REIL lights assist pilots in identifying runway thresholds, improving both situational awareness and safety.

PAPI and REIL lights are essential safety features at airports, particularly those like Cloverdale Municipal Airport that serve general aviation. PAPI lights provide critical visual guidance during landing, helping pilots maintain the correct approach angle, which reduces the risk of accidents due to misjudged descent. The REIL lights help pilots easily identify the runway during approach, particularly in poor visibility or at night, by marking the runway threshold with high-intensity flashing lights. Together, these systems significantly enhance the safety and operational efficiency of the airport. ________________________________________________________________________________________ Summary:

The City is eligible to apply each year for funding from the FAA for improving safety, security and infrastructure at the Cloverdale Municipal Airport based on projects included in the ACIP. The City, in coordination with the FAA, prepared a grant application for PAPI and REIL lights on Runway 32. Installation of a Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) on Runway 32 is included in the Airport Capital Improvement Plan (ACIP) for FY 2025-2029.The proposed project consists of a new Precision Approach Path Indicator (PAPI) to be installed on the Runway 32 side to replace the nonfunctional existing PAPI. Runway End Identifier Lights (REILs) will also be installed on the Runway 32 side.

The proposed project requests $91,063 for the project of which 90% estimated at $81,956 would be from the FAA with the remaining funding coming from matching funds from the City and Caltrans. Final grant amounts may vary slightly depending on submission of final paperwork to FAA. This grant will provide 65 City Council/Successor Agency Agenda Item Summary
Meeting Date: September 25, 2024

Page 2 of 2 ends

funding to design and prepare bid documentation for installation of a PAPI light system and REIL light system on Runway 32.

The project has received support from the FAA under the Bipartisan Infrastructure Law (BIL) Airport Infrastructure Grant program. The FAA provided a grant agreement that supports the design, bidding, and construction of these critical safety systems. Due to timing deadlines provided by the FAA for execution of the FAA funding agreement, the Agreement was executed on August 29th.

In order to accept and implement the FAA grant, the following actions are requested by the Council:

1. Authorize the City Manager as the Airport Sponsor's Authorized Representative: Authorize the City Manager to execute the grant funding application and grant offer for the FAA AIP grant related to the design, bidding and installation of PAPI and REIL systems on Runway 32 at the Cloverdale Municipal Airport.

2. Caltrans Matching Grant Application: Authorize the City Manager to apply for and accept matching grants from Caltrans for the installation of the PAPI and REIL systems on Runway 32 at the Cloverdale Municipal Airport.

Adoption of the attached resolution will provide the necessary authority to execute and implement the grant funding agreement with the FAA for the PAPI and REIL Light project. _______________________________________________________________________________________ Options:

1. Deny Resolution; or

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

The proposed FAA Funding Agreement was discussed by the Public Works & Facilities Subcommittee at their September 24th meeting.
________________________________________________________________________________________ Budget/Financial Impact:

The total estimated project cost of the project is $91,063. The FAA will cover 90% of eligible project costs through the AIP grant, estimated at $81,956. The remaining costs will be covered through a combination of local funds and a matching grant from Caltrans. The City’s General Fund will be minimally impacted as the Caltrans matching grant will offset a portion of the remaining costs ________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - FAA Grant Funding Agreement
66 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING THE SUBMITTAL

AND ACCEPTANCE OF AN FAA AIRPORT IMPROVEMENT PROGRAM GRANT FUNDING AGREEMENT

FOR DESIGN, BIDDING AND INSTALLATION OF PRECISION APPROACH PATH INDICATOR (PAPI) LIGHTS AND RUNWAY END IDENTIFIER LIGHTS (REIL) ON RUNWAY 32 AT THE CLOVERDALE MUNICIPAL

AIRPORT
WHEREAS, the City of Cloverdale and the Federal Aviation Administration (FAA) are parties to Federal Airport Improvement Program (AIP) for which the City of Cloverdale applies to the FAA for funding for projects on the Airport Capital Improvement Program (ACIP);
WHEREAS, the City of Cloverdale is eligible for Airport Improvement Program Grants through the FAA with matching grants by the State of California Department of Transportation (Caltrans) Bureau of Aeronautics; and WHEREAS, at the Cloverdale Municipal Airport, Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) serve essential functions for ensuring safe landings, particularly in low-visibility or night conditions; and
WHEREAS, the installation of a Precision Approach Path Indicator (PAPI) lights and Runway End Identifier Lights (REILS) on Runway 32 are identified in the fiscal year 2025-2029 ACIP; AND WHEREAS, the City applied for funding from the FAA for the design of Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) on Runway 32 under the AIP; and WHEREAS, the FAA notified the City of Cloverdale to remain eligible for the Federal grant, the FAA requires the City Council to adopt a resolution authorizing the submission of an application for an AIP grant and execution of a grant agreement by the Airport Sponsors authorized representative.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale, does hereby:

1. Authorize the City Manager to serve as the airport sponsors authorized representative and ratify the City Manager’s execution of the grant funding application and grant offer attached hereto as Exhibit A for a FAA AIP grant for the work to design and install Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REIL) on Runway 32 at the Cloverdale Municipal Airport; and

2. Authorize the City Manager to execute an FAA AIP Grant Agreement for the design, bidding and construction of Precision Approach Path Indicator (PAPI) light and Runway End Identifier Lights (REIL) on Runway 32 at the Cloverdale Municipal Airport; and

3. Authorize application and acceptance of California Department of Transportation (Caltrans) matching grants for the installation of a Precision Approach Path Indicator (PAPI) light and Runway End Identifier Lights (REIL) on Runway 32 at the Cloverdale Municipal Airport.

BE IT FURTHER RESOLVED, that the City Council of the City of Cloverdale does hereby authorize the Cloverdale City Manager and his/her designee, to sign any documents required to apply for and accept FAA and Caltrans funds on behalf of the City of Cloverdale for the Cloverdale Municipal Airport. 67 I hereby certify the foregoing resolution was introduced at the regular meeting of the City Council of the City of Cloverdale on the 25th day of September 2024, and the resolution was duly adopted at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
______________________________ _________________________________ Todd Lands, Mayor Mike Mahoney, City Clerk
Attachments:

Exhibit A – Executed FAA Grant Agreement
68 3-06-0045-017-2024
1 {{DateTime_es_:signer1:calc(now()):format(date," August 29, 2024 mmmm d, yyyy")}} Mr. David Kelley
City Manager
City of Cloverdale
124 N Cloverdale Blvd
Cloverdale, CA 95425-3352
Dear Mr. Kelley:

The Grant Offer for the Bipartisan Infrastructure Law (BIL) - Airport Infrastructure Grant (AIG) Project No. 3-06-0045-017-2024 at Cloverdale Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information.

Please read the conditions,special conditions, and assurances that comprise the grant offer carefully.

You may not make any modification to the text, terms or conditions of the grant offer.

Steps You Must Take to Enter Into Agreement.

To properly enter into this agreement, you must do the following:

1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor’s authorized representative(s) (hereinafter “authorized representative”).

2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.

3. Once the authorized representative has electronically signed the grant, the sponsor’s attorney(s) will automatically receive an email notification.

4. On the same day or after the authorized representative has signed the grant, the sponsor’s attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.

5. If there are co-sponsors, the authorized representative(s) and sponsor’s attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 09, 2024.

6. The fully executed grant will then be automatically sent to all parties as an email attachment.

Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System.

Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific Region
California
San Francisco Airports District
Office:
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
69 3-06-0045-017-2024
2 {{Sig_es_:signer1: signature}}
consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.

Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
 For all grants, you must submit by December 31st of each year this grant is open:

1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and

2. An SF-425 (Federal Financial Report).
 For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year.
 For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter.

Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs.

Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.

Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.

FAA Contact Information. Ron Biaoco, (405) 666-1062, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.

We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.

Sincerely,
Amy Choi
Amy Choi (Aug 29, 2024 08:50 PDT)
Amy L. Choi
Manager
70 3-06-0045-017-2024
3 {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} U.S. Department
of Transportation
Federal Aviation
Administration
FY 2024 AIRPORT INFRASTRUCTURE GRANT

GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date August 29, 2024
Airport/Planning Area Cloverdale Municipal Airport
Airport Infrastructure Grant
Number 3-06-0045-017-2024
Unique Entity Identifier W27VRJGLG3S8
TO: City of Cloverdale
(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 11, 2023, for a grant of Federal funds for a project at or associated with the Cloverdale Municipal Airport, which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Cloverdale Municipal Airport (herein called the “Project”) consisting of the following:

Install Runway 32 PAPI and REIL’s – Design
which is more fully described in the Project Application.

NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption and ratification of the Grant Assurances attached hereto; (b) the Sponsor’s acceptance of this Offer; and 71 3-06-0045-017-2024
4 (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided;

THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (90) % of the allowable costs incurred accomplishing the Project as the United States share of the Project.

Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONDITIONS

1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $81,956.

The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$0 for planning
$81,956 for airport development or noise program implementation; and, $0 for land acquisition.

2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:

1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.

2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1).
b. Budget Period:

1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. Eligible project-related costs incurred on or after November 15, 2021 that comply with all Federal funding procurement requirements and FAA standards are allowable costs.

2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination

1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will 72 3-06-0045-017-2024
5 proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344).

2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable.

3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable.

4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.

5. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, BIL (Public Law 117-58), the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.

7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 09, 2024, or such subsequent date as may be prescribed in writing by the FAA.

9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.

10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.

11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). 73 3-06-0045-017-2024
6 a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration.

12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees.

13. Informal Letter Amendment of BIL Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.

The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation.

The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.

An informal letter amendment has the same force and effect as a formal grant amendment.

14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.

15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.

16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.

17. Build America, Buy American. The Sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58).

18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant:
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7 a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:

1. 15 percent; or

2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.

If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in BIL (Public Law 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.

19. Audits for Sponsors.

PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.

20. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:

1. Checking the Responsibility/Qualification records in the Federal Awardee Performance and Integrity Information System (FAPIIS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or

2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or

3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.

21. Ban on Texting While Driving.
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8 a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:

1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.

2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.

22. Trafficking in Persons.
a. Posting of contact information.

1. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.
b. Provisions applicable to a recipient that is a private entity.

1. You as the recipient, your employees, subrecipients under this Grant, and subrecipients’ employees may not:
i. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect;
ii. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or
iii. Use forced labor in the performance of the Grant or any subgrants under this Grant.

2. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity –
i. Is determined to have violated a prohibition in paragraph (b) of this Grant Condition; or ii. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (b) of this Grant Condition through conduct that is either –
a) Associated with performance under this Grant; or
b) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR Part 1200. 76 3-06-0045-017-2024
9 c. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a private entity –

1. Is determined to have violated an applicable prohibition in paragraph (a) of this Grant Condition; or

2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated an applicable prohibition in paragraph (a) of this Grant Condition through conduct that is either –
i. Associated with performance under this Grant; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR Part 1200. d. Provisions applicable to any recipient.

1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Grant Condition.

2. Our right to terminate unilaterally that is described in paragraph (a) or (b) of this Grant Condition:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended [22 U.S.C. § 7104(g)], and
ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant.

3. You must include the requirements of paragraph (a) of this Grant Condition in any subgrant you make to a private entity.
e. Definitions. For purposes of this Grant Condition:

1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this Grant; or
ii. Another person engaged in the performance of the project or program under this Grant and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR § 175.25.
ii. Includes:
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10 a) A nonprofit organization, including any nonprofit institute of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 175.25(b).
b) A for-profit organization.

4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).

23. BIL Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.

24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated January 20, 2017, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement.

25. Employee Protection from Reprisal.
a. Prohibition of Reprisals.

1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant.

2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency. b. Investigation of Complaints.
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11 1. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation.

2. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place.

3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the OIG’s office are established under 41 U.S.C. § 4712(b).
c. Remedy and Enforcement Authority.

1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2).

26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216.

27. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities. This may include, as applicable, providing a current Title VI Program Plan and a Community Participation Plan (alternatively may be called a Public Participation Plan) to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is also required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin (including limited English proficiency), sex (including sexual orientation and gender identity), creed, age, disability, genetic information, or environmental justice in consideration for federal financial assistance. The Sponsor, who have not sufficiently demonstrated the conditions of compliance with civil rights requirements will be required to do so before receiving funds. The Department’s and FAA’s Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.
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12 SPECIAL CONDITIONS

28. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards.

29. Airport - Owned Visual or Electronic Navigation Aidsin Project. The Sponsor agrees that it will:
a. Provide for the continuous operation and maintenance of any navigational aid funded under this Grant Agreement during the useful life of the equipment; b. Prior to commissioning, assure the equipment meets the FAA’s standards; and c. Remove, relocate, lower, mark, or light each obstruction to obtain a clear approach as indicated in the 14 CFR Part 77 aeronautical survey.

30. Plans and Specifications Prior to Bidding. The Sponsor agrees that it will submit plans and specifications for FAA review prior to advertising for bids.

31. Consultant Contract and Cost Analysis. The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this Grant until the FAA has received the consultant contract, the Sponsor’s analysis of costs, and the independent fee estimate.

32. Design Grant. This Grant Agreement is being issued in order to complete the design of the project.

The Sponsor understands and agrees that within two (2) years after the design is completed that the Sponsor will accept, subject to the availability of the amount of Federal funding identified in the Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in order to provide a useful and usable unit of work. The Sponsor also understands that if the FAA has provided Federal funding to complete the design for the project, and the Sponsor has not completed the design within four (4) years from the execution of this Grant Agreement, the FAA may suspend or terminate grants related to the design.

33. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers.

34. Leaded Fuel. FAA Reauthorization Act of 2024 (P.L. 118-63) Section 770 “Grant Assurances” requires airports that made 100-octane low lead aviation gasoline (100LL) available at any time during calendar year 2022 to not prohibit or restrict the sale or self-fueling of such aviation gasoline. This requirement remains until the earlier of 2030 or the date on which the airport or any retail fuel seller at the airport makes available an FAA-authorized unleaded aviation gasoline replacement for 100LL meeting either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as deemed appropriate by the Administrator. The Sponsor understands and agrees that any violations are subject to civil penalties. 80 3-06-0045-017-2024
13 {{Sig es :signer1:signature:dimension(height=12mm, width=70mm}} {{N_es_:signer1:fullname
{{N_es_:signer1:title
The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct.1 Amy Choi
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both.

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION
Amy Choi (Aug 29, 2024 08:50 PDT)
(Signature)
Amy Choi
(Typed Name)
Manager, SFO ADO
(Title of FAA Official)
81 3-06-0045-017-2024
14 {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} {{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} {{N_es_:signer2:fullname
{{*Ttl_es_:signer2:title
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.

I declare under penalty of perjury that the foregoing is true and correct.2 Dated August 29, 2024
City of Cloverdale
(Name of Sponsor)
D vid Kelley (Aug 29, 2024 11:01 PDT)
(Signature of Sponsor’s Authorized Official)
By: David Kelley
(Typed Name of Sponsor’s Authorized Official)
Title: City of Cloverdale
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 82 3-06-0045-017-2024
15 {{N_es_:signer3: fullname}}
{{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} {{Sig es :signer3:signature:dimension(height=12mm, width=70mm}} Alex Mog
CERTIFICATE OF SPONSOR’S ATTORNEY
I, , acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of California . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL), Division J, Title VIII; and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

I declare under penalty of perjury that the foregoing is true and correct.3 Dated at September 6, 2024
By: Alex Mog (Sep 6, 2024 09:36 PDT)
(Signature of Sponsor’s Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 83 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 1 of 18 A. General.

ASSURANCES

AIRPORT SPONSORS

1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Public Law 117-58, Division J, Title VIII, as amended.

As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.

B. Duration and Applicability.

1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.

The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.

The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor.

Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. 84 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 2 of 18 C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following:

FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2 85 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 3 of 18 y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX.

EXECUTIVEORDERS
a. Executive Order 11246 – Equal Employment Opportunity1 b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
i. ExecutiveOrder 13988 - Preventing and Combating Discrimination on the Basis of GenderIdentity or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad

FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Proceduresfor Predetermination of Wage Rates.1 86 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 4 of 18 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specificationsfor Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.

FOOTNOTES TO ASSURANCE (C)(1) 1
These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 87 3-06-0045-017-2024
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SPECIFICASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Sponsor Fund Availability.

It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.

4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the 88 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 6 of 18 Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of 49 U.S.C. § 47107(s) and the sponsor assurances.

6. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

7. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where the project may be located.

8. Consultation with Users.

In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
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9. Public Hearings.

In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.

Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Metropolitan Planning Organization.

In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.

11. Pavement Preventive Maintenance.

With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites.

For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United 90 3-06-0045-017-2024
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14. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran's Preference.

It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.

However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications.

It will execute the project subject to plans, specifications, and schedules approved by the Secretary.

Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.

Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.

17. Construction Inspection and Approval.

It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects.

In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. 91 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 9 of 18 d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying aviators of any condition affecting aeronautical use of the airport.

Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
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21. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.

Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
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i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights.

It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operatorshall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

24. Fee and Rental Structure.

It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.

The following exceptions apply to this paragraph:

1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the 94 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 12 of 18 revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.

26. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports asthe Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 95 3-06-0045-017-2024
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27. Use by Government Aircraft.

It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary.

Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and 96 3-06-0045-017-2024
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b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:

1. eliminate such adverse effect in a manner approved by the Secretary; or

2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or 97 3-06-0045-017-2024
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1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The (City of Cloverdale), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.”
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. 98 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 16 of 18 g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. § 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title VIII; or

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport.

If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title VIII; or

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self99 3-06-0045-017-2024
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 17 of 18 sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., or Public Law 117-58, Division J, Title VIII it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out any project funded under a Bipartisan Infrastructure Law grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for BIL projects as of May 11, 2023.

35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 100
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Airport Sponsors Assurances Bipartisan Infrastructure Law Page 18 of 18

37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin, sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:

1. Describes the requests;

2. Provides an explanation asto why the requests could not be accommodated; and

3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 101
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

I.3
Septemeber 25, 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 Police Officers’ 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 Police Officers’ 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 Police Officers’ Association (“POA”) previously negotiated a twoyear 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 POA and agreed upon a set of terms that were incorporated into a successor MOU was subsequently approved by the City Council by Resolution No. 93-2022 on September 28, 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 POA 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 POA on a successor MOU. The Parties reached a tentative agreement on a successor MOU, which tentative agreement has been ratified by the POA membership. The POA 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

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. 102
City Council/Successor Agency Agenda Item Summary
Meeting Date: August 28, 2024

Page 2 of 2 ends

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. Add $100/month Use of Force/Arrest & Control Incentive Pay

12. Add $100/month Use Range Instructor Incentive Pay

13. Update the Christmas Eve Holiday to be a full day listed as December 24th.

14. Add the Police Corporal Position

15. Freeze one Corporal Position for at least the two term of the MOU.

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 POA. The draft successor MOU between the City and POA 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 POA 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 POA 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 POA for fiscal year 2024/25 is projected to be $60,290, 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. Resolution

2. Exhibit A - POA MOU

3. POA MOU with Markup
103

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 POLICE OFFICERS’ ASSOCIATION AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WHEREAS, the City of Cloverdale (the “City”) and Cloverdale Police Officers’ Association (“POA”) 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 POA membership has ratified the tentative agreement; and WHEREAS, the previous MOU between the City and POA, 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 POA 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 POA 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 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 25th day of September 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 Police Officers’ Association and the City of Cloverdale July 1, 2024-June 30, 2026 104

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MEMORANDUM OF UNDERSTANDING
Between

CLOVERDALE POLICE OFFICERS' ASSOCIATION
And

THE CITY OF CLOVERDALE
JULY 1, 2024 THROUGH JUNE 30, 2026
The representatives of the City of Cloverdale, hereinafter the City, and the representatives of the Cloverdale Police Officers' Association, hereinafter 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 Police Officers' Association.

1.3 Employee
The term "Employee" referred to herein shall be all full-time 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) Police Corporal
2) Police Officer
3) Sergeant
ARTICLE 3. HIRING PROVISIONS

3.1 Non-Discrimination
No employee 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 protected by the Fair Employment and Housing Act (Government Code § 12940).

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. 105

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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. EMPLOYEE RIGHTS

5.1 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 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.

5.2 Representation by Association
Employees have the right to have the Association representative represent him or her at all stages of disciplinary action.

5.3 Personnel Files

5.3.1 Confidentiality of Files: The City recognizes the employee’s rights under the Peace Officer Bill of Rights [Public Safety Officers Procedural Bill of Rights Act, CA Government Code Sections 3300-3312], and Penal Code Sections 832.7- 832.8, and accepts responsibility for maintaining confidentiality and physical security of these files.

Personnel files shall be kept in accordance with the Police Department General Orders Policy 1026, Peace Officer Personnel Files, as it may be amended from time to time. The City agrees to meet and confer with the Association prior to implementing any changes to Policy 1026.

5.3.2 Content and Accessibility of Files: The City Manager or his/her designee shall maintain a personnel record for each represented employee in the service of the City showing/containing only the name, title of position held, the department to which assigned, salary, insurance/benefits information, changes in employment status and Personnel Action Forms (including confirmation from the Police Chief for salary adjustments). Said file shall be available at all reasonable times for inspection by the employee and/or such persons as the employee may authorize in writing.
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ARTICLE 6. ASSOCIATION RIGHTS

6.1 Employee Contact

6.1.1 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.

6.2 Meetings

6.2.1 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.

6.2.2 Use of City Facilities: The Association shall have use of City facilities for meeting of off duty employees and the Association, provided that the Association has requested the facility reasonably in advance of the meeting and has received approval.

6.3 Communications

6.3.1 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.

6.3.2 Use of City 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.

6.4 Release Time

6.4.1 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 Chief of Police or his/her designee of the need for such release time and secure permission before leaving a work assignment.

6.5 Exclusive Rights

6.5.1 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 section 3503.

6.5.2 Access to Employees Presenting Grievances: The Association shall have access to any employee or employees presenting a grievance.
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6.6 Check-Off

6.6.1 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.

6.6.2 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 7. WAGES, HOURS AND WORKING CONDITIONS

7.1 Salaries
The salary range of employees listed in Attachment A.

7.1.1 Year 1: Effective July 1, 2024, all classifications covered by this MOU shall receive a four percent (4%) cost-of-living adjustment the first full pay period following Association ratification and City Council approval of this MOU.

Year 2: Effective July 1, 2025, all classifications covered by this MOU shall receive a three (3%) cost of living adjustment.

7.1.2 Longevity Pay 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%
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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 total years of service with the City. Longevity pay percentages are not cumulative (example: an employee with ten (10) years of service is entitled to only four percent (4%) of base salary as longevity, not 2% plus 4% equaling 6%).

7.1.3 Specialty Pay: Specialty Pay Compensation for additional duties and responsibilities unique to the classification (applicable only during tenure of the responsibility) is as follows:

Type of Specialty Pay
(Percent of Base Salary)
Investigative Pay 5%
Field Training Officer 5% while active
Canine Officer 5%
School Resource Officer (SRO) 5% while active
Use of Force/Arrest & Control (Effective
7/1/2025)
$100 per month
Range Instructor (Effective 7/1/2025) $100 per month
Such designations require prior approval of the Chief of Police.

In addition to the above Specialty Pay Compensation, Officers assigned to work canine duty shall be provided two (2) new uniform sets at the beginning of the assignment, to include all patches and/or accessories necessary to meet current department standards, as established by the Chief of Police. The cost of uniforms and accessories shall be paid by the City. In July of each fiscal year thereafter, so long as the officer is scheduled to remain a canine officer for at least six months in the coming fiscal year, the City shall provide the canine officer with two additional BDU pants and two additional BDU shirts with required patches, at no cost to the canine officer.

7.1.4 Work Out of Classification Pay: Employees 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 pay 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 the employee may be entitled.

7.1.5 Canine Care: Effective July 1, 2015, Officers assigned to work canine duty shall be compensated for 0.50 hours of overtime per day, seven days a week, for the canine care outside of work, except in the case when the canine is kenneled at the City expense.

7.1.6 Promotional Appointments: Promotional appointments shall result in no less than a five percent (5.0%) increase in base salary for the promoting employee. 109

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7.1.7 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 five percent (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 Public Employees Retirement System (PERS)
From July 1, 2001 through June 30, 2003, the City shall provide retirement benefits for sworn personnel under the Public Employees’ Retirement System (PERS) known as 2% at 50 and highest twelve (12) consecutive month benefits as per the prior MOU. The City will pay 100% of the employee’s contribution to this plan. City will also provide PERS 1959 Survivor Benefit, Level IV.

Commencing July 1, 2003, the City shall provide retirement benefits for employees under the PERS 3% @ 50 program. The City will continue to pay 100% of the employee’s share contribution rate in addition to any employer rates, subject to section 7.2.1.

Employees hired before January 1, 2013, or individuals that are hired on or after January 1, 2013 that are not defined as “new members” pursuant to Government Code Section 7522.04(f), shall be subject to the 3% at 50 formula.

Commencing January 1, 2013, newly hired employees that are defined as “new members” shall be subject to the PERS Plan as described in California Government Code Section 7522.04(f), and shall receive the 2.7% at 57 pension benefit formula (Safety Option Plan Two), as specified in Government Code Section 7522.25(d) pursuant to the California State Legislature’s 2012 passage of the Public Employees’ Pension Reform Act (PEPRA).

7.2.1. Employee Contribution to PERS:

7.2.1.1 Effective the first full pay period in October 2011, employees shall pay one-third (1/3) of the cost (2.73%) 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 two-thirds (2/3) of the cost (5.47%) of the after-added benefits of their PERS Plan in existence as of July 1, 2011.

Employees hired after June 30, 2011 shall pay one hundred percent (100%) of the after-added benefits of their PERS Plan (8.207%).

7.2.1.3 Effective January 1, 2013, “new members” subject to the 2.7% at 57 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 formula for future hires(either Safety Option Plan One, as provided in Government Code Section 7522.25(c), or any additional plan that may be available in the future).
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7.2.2 Request for PERS Actuarial Estimate: City shall request from PERS an actuarial estimate for the cost of the Pre-Retirement Optional Settlement Two (2) benefit.

Upon receipt of the report, City and Association will meet and discuss the cost.

7.2.3 Retirement Medical Benefit: City will contribute fifty percent (50%) of the employee-only premium for health insurance upon retirement, provided the employee shall have been an employee with the City for eighteen (18) years or longer and have reached the age of fifty (50).

7.2.3.1 City will not contribute to the retiree health premiums of employees hired after June 30, 2011.

7.3 Miscellaneous Benefits
Emergency Medical Technician: The City agrees to pay fifty dollars ($50) per month to each employee holding a current Emergency Medical Technician (EMT) certificate, in addition to all other pay.

7.4 Uniform Allowance

7.4.1 Amounts: Effective July 1, 2014, the City agrees to pay a uniform allowance to employees in the amount of fifteen hundred dollars ($1,500) 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 prorated uniform allowance. The uniform allowance will be paid the first full pay period following the completion of the one year. The uniform allowance will be pro-rated 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..

7.4.2 Reimbursement for Uniforms and Uniform Equipment: The City agrees to reimburse employees for uniforms and uniform equipment of employees that are damaged or stolen during duty hours or while stored at a City facility, providing 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.

7.4.3 Uniform Components: The City shall provide the following uniforms to all newly hired employees:
1) Three (3) short-sleeve shirts (a combination of wool, polyester and BDU);
2) Three (3) long-sleeve shirts (at least one (1) needs to be Class A); 111

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3) Three (3) pairs of pants (at least one (1) needs to be Class A); 4) One (1) pair of rain pants;
5) One (1) rain jacket with hood;
6) One (1) heavyweight jacket with zip-out lining;
7) One (1) black BB cap;
8) One (1) black tie and tie bar; and
9) Two (2) metal name plates.

7.4.4 Safety Equipment Components: The City shall furnish the following items of equipment to all newly hired employees, which shall remain the property of the City:
1) Duty handgun and magazines, unless the employee receives approval to use his/her personal duty handgun;
2) Duty holster;
3) Duty belt;
4) Magazine pouch;
5) Two sets of handcuffs, and handcuff pouch;
6) Oleoresin capsicum (OC) spray, OC pouch;
7) Glove pouch;
8) Baton, and baton ring;
9) Flashlight and charger;
10) Bulletproof vest, Level II (employee may upgrade at employee’s own cost; but the vest will remain the property of the City); and 11) Taser, holster and cartridges.

7.4.4.1 Equipment that becomes unserviceable shall be replaced by the City without cost to the employee.

7.4.4.2 The City will replace the bulletproof vest at Level II by the expiration of the manufacturer’s warranty. The employee may choose to pay the additional cost to upgrade from Level II, but the vest will remain the property of the City.

7.5 Vacation

7.5.1 Rate: Vacation time will be accrued as per the following schedule:

Length of Service
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: Employees shall be permitted to accumulate vacation during the year without limit. Employees shall carry over a maximum of three hundred fifty (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:
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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 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 cashout 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/Workweek

7.6.1 Workday: The City agrees that the workday for employees shall be ten (10) consecutive hours within which reasonable meal period(s) shall be included. 113

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7.6.2 Work Schedule: Except in the case of the police detective if and when filled, the normal work schedule for employees 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 Shift Change: Seven (7) calendar days’ notice shall be required when employees are rotated, reassigned, or transferred from a regularly scheduled shift to another shift, unless an emergency necessitates a change on rotation or assignment. “Emergency” shall include, but not limited to, the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury, necessity of placing an employee on modified duty upon returning from medical leave, placing an employee on administrative leave pending an on-going investigation, or other unanticipated and unavoidable causes.

7.6.5 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.

7.6.6 Shift Selection: Police Officers will select their shifts based on seniority, with the exception of specialty assignments such as School Resource Officer and Detective.

7.7 Overtime/Compensatory Time

7.7.1 Overtime Rate: Employees may work overtime with the prior approval of the Chief of Police or his/her designee. Overtime will be paid at one and one-half (1.5) times the employee’s regular rate for all hours in a paid status in excess of forty (40) hours in a workweek.

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 114

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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.

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.

7.7.2.6 At 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.

7.7.2.7 The 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.

7.7.2.8 When 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 thousand (2,000) hours for each employee.

7.8.3 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
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21 or more Hours No Conversion

7.8.4 Compensation for Unused Sick Leave: Upon separation or retirement, the City will compensate employees for thirty-five percent (35%) of accrued but unused sick leave, up to, but not in excess of, the 2,000-hour cap. The compensation shall be calculated based on the employee's hourly rate at time of separation or retirement.

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.

7.9. Court, Standby, Callback, Extended Shift, Mandatory Squad Meetings, and On Call Time

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 in addition to the total time worked when the employee is called back during nonduty hours. Said two (2) hours are to be compensated 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 such 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 two (2) hours in addition to the 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 four (4) hours of base pay. The described court time shall be at one and one-half (1.5) times the hourly rate. If the employee's court appearance extends beyond the minimum four (4) hours compensation, as the case may be, 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 time actually in court.

7.9.4.1 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 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.

7.9.5 Mandatory Squad Meetings: Both the Association and the City realize the value and necessity of Squad Meetings. It is agreed and understood that all employees 116

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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.

7.9.6 Administrative On-Call Time: Sergeants 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 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 or any school related classes related to the employee’s job skills. Such compensation shall not be given for credits completed toward a second degree. The maximum allowable college credits will not exceed 120 units.

7.10.2 Bilingual 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 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 health-related 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. Certification Incentive

7.11.1 Training: Upon prior approval of the Chief of Police or his/her designee, employees may be assigned to training class(es) on an annual basis. The Chief of Police or his/her designee may use staffing, budget constraints and a list of training attended by employeesin determining if an employee should receive the 117

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additional training. Each employee will receive a P.O.S.T. mandated advanced officer training once every two (2) years.

7.11.2 POST Certification Incentive Pay: The City shall add to the base salary of each employee who has been awarded an Intermediate Certificate from P.O.S.T. the amount of one hundred fifty dollars ($150) per month; and the City shall add to the base salary of each employee who has been awarded an Advanced Certificate from P.O.S.T. the amount of two hundred fifty dollars ($250) per month. An employee who has been awarded both an Intermediate and an Advanced Certificate shall, therefore, have the amount of four hundred dollars ($400) added to his/her base monthly salary.

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 the Chief of Police prior to the time set for the beginning of his/her regular duties. Immediate family shall include spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, stepsibling, uncle, aunt, nephew, niece, father-in-law, mother-in-law, sister-in-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.

7.12.2 Holidays: 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
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 all employees on the last pay day of November of each 118

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year. This pay shall be included with the employee’s regular paycheck and shall be for all those holidays occurring since the last holiday pay was received.

If the Thanksgiving Holiday falls after the last pay day of November, the holiday pay would include the prior year’s Thanksgiving and all the holidays up through the succeeding year until and not including the current Thanksgiving holiday.

When an employee separates from City service, for purposes of calculating holiday, s/he would be paid for all holidays occurring since the last holiday pay was received, up through the last day of employment with the City.

EXCEPTION: The floating holiday will not be compensated in the annual holiday pay. Employees must use or lose this holiday each calendar year.

7.12.3 Jury Duty: When an employee is called for Jury Duty during a workday, the City will pay 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 Chief of Police 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 will 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 current City-approved rate.

7.14 Insurance

7.14.1 Health Insurance:

The City shall pay all medical insurance coverage as provided for in the REMIFsponsored Health Plan. The City agrees to meet and confer in the event the schedule of benefits negatively changes. The employee may select the abovementioned plan or other coverage as offered through the City. If any plan, other than the Redwood Empire Municipal Insurance Fund 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 benchmarked 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. 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
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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 described in section 7.14.1, The City agrees to maintain a term life insurance policy for each employee in the amount of one time the employee’s annual base salary, rounded up to the next highest thousand dollars, up to a one hundred thousand dollars ($100,000) maximum.

The City agrees to pay the full premium for this life insurance. The City shall determine the insurance benefit plan that provides the above life insurance policy limits. The City agrees to meet and confer with the Association prior to implementing a change in life insurance provider or a change in eligibility criteria.

7.14.3 Long Term Disability: The City agrees to make available to employees a Long Term Disability (LTD) Insurance Plan. Said plan will provide a monthly benefit of sixty percent (60%) of base salary, up to five thousand dollars ($5,000) per month, and will provide a ninety (90) day waiting period before benefits commence. The City agrees to pay one-half (1/2) of the cost of the LTD Plan for employees. The Employees will be responsible for paying the remaining fifty percent (50%) of the premium. Employee election to participate in the LTD Plan is voluntary, and is dependent upon the Employee’s eligibility for the Plan, as determined by the Insurance Provider.

7.14.4 The City and POA agree to meet and confer regarding whether or not to replace the current long term disability plan.

7.15 Contract Distribution
Upon completion of negotiations and final agreement is reached, the Memorandum of Understanding will be prepared, signed, and distributed to each employee within a thirty (30) day period.

7.16 Business Cards
City will pay for the cost of business cards.

7.17 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.

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.
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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.

ARTICLE 8. DISCIPLINARY ACTION

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) Incompetency;
(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;
(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 Compliance with POBR
All disciplinary procedures for public safety officers shall be consistent with the Peace Officers’ Bill of Rights (POBR) Act.

8.4 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 the 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. 121

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8.5 Procedure

8.5.1 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.

8.5.2 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.

8.6 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; and (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.

The employee shall be given ten (10) working days from the date of receipt in which to respond verbally or in writing 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.

Upon receiving a written reprimand, an employee shall have the opportunity for an administrative appeal pursuant to POBR. An administrative appeal is an audience before the Chief of Police or his/her designee.

Written reprimands are not subject to the appeal procedures outlined in section 8.7.

8.7 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 is finalized. For purposes of this section, one day shall be defined as ten (10) hours for safety employees. 122

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The Board shall have the authority to convene and conduct a full-scale evidentiary hearing.

The 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’s Office of Administrative Hearings, or a hearing officer chosen pursuant to a strike list provided by the 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 Board render its decision within thirty (30) working days from the conclusion of the hearing, unless otherwise stipulated to 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.

8.8 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.

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. 123

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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 superior. 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. The Chief of Police 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 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 Police Chief’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 the employee's representative. Within fifteen (15) working days after the meeting with the employee and/or 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 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 124

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name remains; that person shall serve as the arbitrator. The party which strikes the first name from the list shall be determined by a toss of the 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:

1. A mutual request that the arbitrator render a decision within sixty (60) calendar days of the conclusion of the hearing;

2. No court reporter unless mutually agreed to by all parties; and

3. No post hearing briefs unless mutually agreed to by all 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.

All prior MOUs, rules, regulations, ordinances, and practices not specifically modified by this MOU remain in full force and effect.

ARTICLE 11. CONTENT, TERMS AND RECOMMENDATIONS

11.1 Severability
If any article or section of this Memorandum of Understanding 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 Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the City and the Association agree to meet within thirty (30) days for the purpose of renegotiating said article or section.

11.2 MOU Provisions Prevail
It is agreed by the parties to this agreement that 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. 125

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Cloverdale City CouncilSeptember 25, 2024

Cloverdale City Council
September 25, 2024