Cloverdale City Council
March 12, 2025

City Council Meeting Minutes - March 12, 2025 - 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, MARCH 12, 2025
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
SPECIAL MEETING - 4:45 PM
AB1234 ETHICS TRAINING (PART 1)

CITY HALL CONFERENCE ROOM
124 N. CLOVERDALE BLVD

1. AB1234 - ETHICS TRAINING PART 1
City Attorney Mog, Redwood Public Law, is providing mandatory ethics training in accordance with Assembly Bill 1234, to a quorum of the Councilmembers: Laskey, Marquez, Morgenstern
City Attorney Mog provided training to Councilmembers and Staff:

Councilmembers: Laskey, Marquez, Morgenstern
Staff: City Clerk Maloney
OPEN SESSION - 6 PM

CLOVERDALE PERFORMING ARTS CENTER
209 N. CLOVERDALE BLVD
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6:02 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 Laskey, Marquez, Morgenstern

Absent: None.

City Council Meeting Minutes - March 12, 2025 - Page 2 of 4 A.4 Conflict of Interest Declaration
None.

A.5 Agenda Review (Changes and/or Deletions)
City Manager informed the Council Item F.1 has an amended resolution..

B. PUBLIC COMMENTS
B.1 Verbal Comments
Unknown
Library Commissioner Greene provided an update on the Cloverdale Library renovations B.2 Written Comments
None.

C. STUDENT LIAISON REPORT
C.1 Liaison Saito Report
Liaison Saito reported
D. PROCLAMATIONS
D.1 Proclamation - Red Cross Month
Councilmember Laskey read the proclamation.

Recipients: Dennis Sigmon and Andy Witthohn addressed the Council.

E. PRESENTATIONS
E.1 Plaza Park Survey Results
City Clerk / Public Information Officer Maloney presented.

City Manager Thompson reported and responded to Councilmember inquiries.

Council provided direction to Staff.

F. CONSENT CALENDAR
A motion was made by Vice Mayor Wheeler, seconded by Councilmember Morgenstern, 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: Laskey, Marquez, Morgenstern No: (0) None
Abstain: (0) None

Absent: (0) None
City Council Meeting Minutes - March 12, 2025 - Page 3 of 4 F.1 Construction Agreement with Rege Construction for the Allen Ave.

Action: Resolution Approved
RESOLUTION NO. 012-2025 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A CONSTRUCTION AGREEMENT WITH REGE CONSTRUCTION FOR THE ALLEN AVE. ASPHALT REPAIR PROJECT AND AUTHORIZING THE CITY MANAGER

TO EXECUTE SAID AGREEMENT
F.2 Outstanding City Council Subcommittee Minute Approvals for previous Subcommittees As part of a restructuring effort, the Finance, Admin, and Police Council Subcommittee, the Planning and Sustainability Subcommittee, and the Public Works and Facilities Subcommittee, have been dissolved, with their responsibilities realigned and integrated respectively into the newly formed Administration Subcommittee and Infrastructure Subcommittee, with updated Councilmember assignments:
• Planning and Sustainability Subcommittee Draft Minutes - August 20, 2024 Action: Approved as submitted.
• Public Works and Facilities Subcommittee Draft Minutes - September 24, 2024 Action: Approved as submitted.
• Finance, Admin, and Police Subcommittee Draft Minutes - November 4, 2024 Action: Approved as submitted.

F.3 Consider Adoption of the 2025 Amended City Council Subcommittee, Joint Subcommittee and Regional Board and Committee Appointments Action: Resolution Approved
RESOLUTION NO. 013-2025 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE AMENDED 2025 ROSTER OF SUBCOMMITTEE,

JOINT COMMITTEE AND REGIONAL BOARD/COMMITTEE APPOINTMENTS AND THE 2025 SUBCOMMITTEE MEETING SCHEDULE.

G. PUBLIC HEARINGS
None.

H. NEW BUSINESS
H.1 City of Cloverdale Audited Financial Statements FY 2023/24 Terry Krieg presented.

Due to technical issues the item was moved to a date certain of March 26, 2025.

City Council Meeting Minutes - March 12, 2025 - Page 4 of 4 I. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Mayor Lands (Administrative Chair) discussed the recent Administrative Subcommittee meeting.

J. COUNCILMEMBER REPORTS
City Council discussed the upcoming Town Hall.

K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
K.1 Potter Valley Project Letter to Supervisor Gore, Rabbit, and Representative Huffman.

Mayor Lands reported.

K. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Thompson reported.

M. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Plaza Survey Result Options to Infrastructure Subcommittee.

Cloverdale Boulevard Survey
N. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:10 p.m. to the next regular meeting of the Cloverdale City Council scheduled for March 26, 2025.

APPROVED ON: April 9, 2025
____________________________
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: Zoom: www.zoom.us/join Meeting ID: 823 1668 4527 | Youtube:cloverdale.net/youtube SPECIAL MEETING - 4:45 PM
AB1234 ETHICS TRAINING (PART 1)

CITY HALL CONFERENCE ROOM
124 N. CLOVERDALE BLVD

1. AB1234 - ETHICS TRAINING PART 1
City Attorney Mog, Redwood Public Law, is providing mandatory ethics training in accordance with Assembly Bill 1234, to a quorum of the Councilmembers: Laskey, Marquez, Morgenstern OPEN SESSION - 6 PM

CLOVERDALE PERFORMING ARTS CENTER
209 N. CLOVERDALE BLVD
A. OPENING PUBLIC SESSION
A.1 Call to Order
A.2 Pledge of Allegiance
AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, MARCH 12, 2025
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 A.3 Roll Call
A.4 Conflict of Interest Declaration
A.5 Agenda Review (Changes and/or Deletions)
B. PUBLIC COMMENTS
B.1 Verbal Comments
Any person wishing to speak in person on an item not listed on the agenda may do so at this time.

Pursuant to the Brown Act, the City Council is not allowed to consider issues or take action on any item not listed on the agenda. Three minutes are allotted to each speaker.

B.2 Written Comments
Public written communications sent to Council on items not listed on the agenda may be discussed at this time. Written communications to be discussed will be listed below, if any C. STUDENT LIAISON REPORT
C.1 Liaison Saito Report
D. PROCLAMATIONS
D.1 Proclamation - Red Cross Month
Recipient: Dennis Sigmon and Andy Witthohn
E. PRESENTATIONS
E.1 Plaza Park Survey Results
Recommended Action(s):

Receive Presentation and Provide Comments
F. CONSENT CALENDAR
All items under the Consent Calendar will be considered together by one ac?on of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.

F.1 Construction Agreement with Rege Construction for the Allen Ave.

Recommended Action(s):

Approve a Resolution Entitled, “Resolution of the City Council of the City of Cloverdale Approving a Construction agreement with Rege Construction for the Allen Ave. Asphalt Repair Project and Authorizing the City Manager to Execute Said Agreement.” Liaison Report
City of Cloverdale 2025 Red Cross Proclamation
Plaza Survey Results
Agenda Report
Attachment 1 - Resolution
Attachment 1 - Resolution - Amended (Added 3.12 4:08 p.m.) Attachment 2 - Construction Agreement
2 F.2 Outstanding City Council Subcommittee Minute Approvals for previous Subcommittees Planning and Sustainability Subcommittee Draft Minutes - August 20, 2024 Public Works and Facilities Subcommittee Draft Minutes - September 24, 2024 Finance, Admin, and Police Subcommittee Draft Minutes - November 4, 2024 Recommended Action(s):

Approve the outstanding minutes of the previous Subcommittees to close out the existing records.

As part of a restructuring effort, the Finance, Admin, and Police Council Subcommittee, the Planning and Sustainability Subcommittee, and the Public Works and Facilities Subcommittee, have been dissolved, with their responsibilities realigned and integrated respectively into the newly formed Administration Subcommittee and Infrastructure Subcommittee, with updated Councilmember assignments.

F.3 Consider Adoption of the 2025 Amended City Council Subcommittee, Joint Subcommittee and Regional Board and Committee Appointments
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Adopting the Amended 2025 Roster of Subcommittee, Joint Committee and Regional Board/Committee Appointments and the 2025 Subcommittee Meeting Schedule.” G. PUBLIC HEARINGS
None.

H. NEW BUSINESS
H.1 City of Cloverdale Audited Financial Statements FY 2023/24 Recommended Action(s):

Review and accept by motion the Fiscal Year 2023/24 City of Cloverdale Audited Financial Statements I. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

J. COUNCILMEMBER REPORTS
Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.

P&S Minutes - August 20, 2024 - Draft
PW&F Minutes - September 24, 2024 - Draft
FA&P Minutes - November 4, 2024 - Draft
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Subcommittee Appointments List Attachment 3 - Exhibit B - Regional Board and Committee Apointments and Dates Attachment 4 - Exhibit C - Subcommittee Meeting Schedule Agenda Report
Attachment 1 - Cloverdale Signed FY 2024 Basic Financial Statements Attachment 2 - Cloverdale Signed Other FY 2024 Reports
3 K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION K.1 Potter Valley Project Letter to Supervisor Gore, Rabbit, and Representative Huffman.

L. CITY MANAGER/CITY ATTORNEY REPORTS
Staff may provide written and or verbal informational reports.

M. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Councilmembers may request agenda items for future Council and or Council Subcommittee meetings.

N. ADJOURNMENT
To the next regular meeting of the Cloverdale City Council scheduled for March 26, 2025.

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 ques?ons or enter into dialogue with commenters. Comments may also be submiIed prior t o [email protected]. by 12 p.m. the day of the mee?ng. Submissions and supplemental attachments are considered public records pursuant to Government Code § 54957.5.

SPECIAL NEEDS ACCOMMODATIONS: In compliance with the Americans with Disabili?es Act and Title VI, if you need special assistance to par?cipate in this mee?ng, please contact the City Clerk's office at [email protected] or 707.894-1712. No?fica?on at least 72 hours prior to the mee?ng will enable the City to make reasonable accommodations are made to provide accessibility to the meeting.

AB 2449: Councilmembers par?cipate in person or teleconference methods consistent with tradi?onal provisions of the Brown Act,Government Code § 54953(b), unless the mee?ng is being held pursuant to provisions of AB 2449. If a technical issue arises with Zoom or the dial-in op?on, the mee?ng will con?nue unless it is being held pursuant to the provisions of Assembly Bill 2449.

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

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: March 6, 2025 | Time posted: 5:10 p.m. | City Clerk Signature: s/Mike Maloney Potter Valley Letter
4 5
Student Liaison Report for 3/12/25
________________________________________
Spring is just around the corner for the Cloverdale Unified School District.

On March 7th, the Elementary school hosted a family movie night. The movie featured was 2012’s The Lorax. Snacks and drinks were provided, and the gymnasium was decorated beautifully with balloons, streamers, and cutouts of the characters.

For the Middle school, from February 24th to tomorrow, as a celebration of St. On Patrick's Day, there will be a coin drive. Students were asked to bring in coins to their homeroom class for 5th and 6th graders, or their 7th period class for 7th and 8th graders. The class with the most coins collected will win a cookie party. On the night of March 13th, all coins collected will be taken by the leprechauns, and a fun surprise will be given in their place.

Last Friday, the high school had their annual senior boys pageant, Mr Eagle. Each boy showed off their wits, tallents, and fashion in the different events. Congratulations to Santino Demattei for winning, and earning the Title of Mr. Eagle. Spring sports have begun as well, with Track, Baseball, and Softball having their first few meets and games. Congratulations to Varsity softball and baseball for their first wins of the season.

Prom is coming up very soon. Tickets will be sold during lunch this week and this week only.

This year's theme is Enchanted Forest, and it will be held at the Hyatt Hotel in Santa Rosa. Also for prom, the school is hosting a promposal competition where the duo with the best promposal submission will be refunded for their tickets.

Also, for the schools, specifically for the 8th through 11th graders, the end of the school year is coming fairly soon, so it is time for them to pick their first classes for high school, or if they're already in high school, their new classes. March 10th was Cloverdale High’s Parent information night, where what there is to know about new classes, sports, clubs, and more was provided. 6 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PROCLAIMING MARCH 2025 AMERICAN RED CROSS MONTH
WHEREAS, the people of Cloverdale exemplify a strong humanitarian spirit, coming together in times of crisis to support one another, as demonstrated by the dedicated volunteers and donors of the American Red Cross; and
WHEREAS, since its founding by Clara Barton nearly 150 years ago, the American Red Cross has remained committed to preventing and alleviating human suffering, a mission carried forward by volunteers in Cloverdale and across the nation who provide disaster relief, blood donations, military support, lifesaving training, and international aid; and
WHEREAS, this March, we celebrate American Red Cross Month by recognizing the compassionate acts of people in the City of Cloverdale and by renewing our commitment to lend a helping hand to our neighbors in need. Since Clara Barton founded the American Red Cross almost 150 years ago, generation after generation has stepped up to deliver relief and care across our country and around the world. The volunteers, blood and platelet donors, and financial supporters who now give back through the Sonoma/Napa Disaster Response Area of the American Red Cross remain unwavering in their commitment to prevent and alleviate human suffering in the face of today’s emergencies; and WHEREAS, these voluntary and generous contributions shine a beacon of hope in people’s darkest hours—whether it’s delivering shelter, food, and comfort during disasters; providing critical blood donations for hospital patients; supporting service members, veterans, and their families; saving lives with first aid, CPR, AED, and other skills; or delivering international aid and reconnecting loved ones separated by global crises; and
WHEREAS, this work to uplift our community is truly made possible by those who selflessly answer the call to help, whenever and wherever it’s needed. We hereby recognize this month of March in honor of their remarkable service and ask everyone to join in their commitment to care for one another; and WHEREAS, the City Council of the City of Cloverdale dedicates this month of March to all those who lead with their hearts to serve people in need, and continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.”
NOW, THEREFORE, BE IT PROCLAIMED that I Todd Lands, Mayor of the City of Cloverdale, does hereby proclaim March 2025 as Red Cross Month in Cloverdale and encourages all citizens of Cloverdale to reach out and support its humanitarian mission.

Dated: March 12, 2025
SO ORDERED:
_____________________________
Todd Lands, Mayor
7 Park Community Survey - The Plaza
1 / 10

0.68% 2

0.34% 1

9.25% 27

23.29% 68

14.04% 41

16.78% 49

35.62% 104
Q1 Age
Answered: 292 Skipped: 1
TOTAL 292
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Under 18
18-24
25-34
35-44
45-54
55-64
65+

ANSWER CHOICES RESPONSES
Under 18
18-24
25-34
35-44
45-54
55-64
65+
8 Park Community Survey - The Plaza
2 / 10

4.79% 14

17.12% 50

18.15% 53

57.88% 169

2.05% 6
Q2 Frequency of Plaza Park Usage
Answered: 292 Skipped: 1
TOTAL 292
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Daily
Weekly
Monthly
Events Only
Never

ANSWER CHOICES RESPONSES
Daily
Weekly
Monthly
Events Only
Never
9 Park Community Survey - The Plaza
3 / 10

9.93% 29

17.12% 50

31.51% 92

38.36% 112

3.08% 9
Q3 Typical Time of Usage
Answered: 292 Skipped: 1
TOTAL 292
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Morning
Afternoon
Evening
Events
Other (please
specify)

ANSWER CHOICES RESPONSES
Morning
Afternoon
Evening
Events
Other (please specify)
10 Park Community Survey - The Plaza
4 / 10
Q4 What are your Favorite Activities in Plaza Park
Answered: 290 Skipped: 3
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Walking /
Jogging
Exercise /
Fitness
Picnic
Break from Work
Yoga / Tai Chi
/ Meditation
Rest / Relax
Annual Car Show
Friday Night
Live
National Night
Out
Annual Parades
Farmers Market
Other (please
specify)
11 Park Community Survey - The Plaza
5 / 10

20.34% 59

4.48% 13

2.07% 6

7.93% 23

1.03% 3

23.79% 69

47.59% 138

86.55% 251

20.69% 60

51.03% 148

69.66% 202

7.59% 22
Total Respondents: 290

ANSWER CHOICES RESPONSES
Walking / Jogging
Exercise / Fitness
Picnic
Break from Work
Yoga / Tai Chi / Meditation
Rest / Relax
Annual Car Show
Friday Night Live
National Night Out
Annual Parades
Farmers Market
Other (please specify)
12 Park Community Survey - The Plaza
6 / 10

26.13% 75

53.31% 153

18.82% 54

1.74% 5
Q5 How would you rate the accessibility of Plaza Park for visitors with disabilities or mobility challenges?
Answered: 287 Skipped: 6
TOTAL 287
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Excellent
Good
Fair
Poor

ANSWER CHOICES RESPONSES
Excellent
Good
Fair
Poor
13 Park Community Survey - The Plaza
7 / 10

12.33% 36

52.74% 154

31.85% 93

3.08% 9
Q6 How would you rate the current park facilities?
Answered: 292 Skipped: 1
TOTAL 292
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Excellent
Good
Fair
Poor

ANSWER CHOICES RESPONSES
Excellent
Good
Fair
Poor
14 Park Community Survey - The Plaza
8 / 10
Q7 Most desired amenity improvements (rank highest to lowest priority):

Answered: 287 Skipped: 6

43.21%
124

19.51%
56 14.29%
41 7.32%
21 8.71%
25 3.14%
9 3.83%
11 287 5.56

18.82%
54 24.39%
70 13.94%
40 12.89%
37 19.16%
55 8.01%
23 2.79%
8 287 4.76

10.80%
31 17.42%
50 22.65%
65 17.07%
49 19.86%
57 7.67%
22 4.53%
13 287 4.41

7.32%
21 9.06%
26 21.25%
61 28.57%
82 16.03%
46 14.98%
43 2.79%
8 287 4.07

5.92%
17 7.67%
22 10.45%
30 10.45%
30 11.85%
34 11.50%
33 42.16%
121 287 2.82

6.97%
20 5.57%
16 6.62%
19 12.54%
36 9.41%
27 34.49%
99 24.39%
70 287 2.87

6.97%
20 16.38%
47 10.80%
31 11.15%
32 14.98%
43 20.21%
58 19.51%
56 287 3.51
0 1 2 3 4 5 6 7 8 9 10
Additional
Seating /
Cement...

Improved
Shading
Improved
Landscaping
Improved
Lighting
Stage
Improvements
(Lighting /...

Lawn Games
(Bag Toss, Ping
Pong, Giant...

Chess /
Checkers Tables
1 2 3 4 5 6 7 TOTAL SCORE
Additional Seating / Cement
Bleachers
Improved Shading
Improved Landscaping
Improved Lighting
Stage Improvements (Lighting /
Audio)
Lawn Games (Bag Toss, Ping Pong,
Giant Checkers)
Chess / Checkers Tables
15 Park Community Survey - The Plaza
9 / 10
Q8 Please provide any additional suggestions or comments related to potential Plaza Park improvements
Answered: 136 Skipped: 157
16 Park Community Survey - The Plaza
10 / 10
Q9 What type of events or programs (Children, Adults, Senior) would you like to see organized by the Parks and Recreation Department specifically at Plaza Park in the future?
Answered: 152 Skipped: 141
17 City Council/Successor
Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

F.1
3/12/25
Agenda Section:

Concent
Staff Contact:

Derrick Montanye, Public Works Director
Agenda Item Title:

Construction agreement with Rege Construction for the Allen Ave.

Recommended Council Action(s):

Approve a Resolution Entitled, “Resolution of the City Council of the City of Cloverdale Approving a Construction agreement with Rege Construction for the Allen Ave. Asphalt Repair Project and Authorizing the City Manager to Execute Said Agreement.”
________________________________________________________________________________________ Background:

During the atmospheric river storm event of the 2023 winter season, sustained rainfall deposited significant precipitation in the City of Cloverdale, leading to the supersaturation of soil in the Allen Ave. Street Knuckle.

As a result, the saturated soil shifted, causing a 6-inch transite water line serving the area to crack. This rupture led to a substantial leak, damaging approximately a 28’ x 28’ section of Allen Ave.

City of Cloverdale Public Works staff responded by repairing approximately 66 inches of damaged transite pipe, replacing it with City-standard PVC piping. Additionally, the damaged asphalt and base were restored with a temporary asphalt solution.

Summary:

The City of Cloverdale Public Works Senior Staff collaborated closely with FEMA to secure funding for a permanent road surface repair at the Allen Ave. Street Knuckle.

Through this partnership, the City successfully acquired $10,320 in state funding and $41,280 in federal funding, totaling $51,600. These funds will be used for the Allen Ave. Asphalt Repair Project, which will replace the temporary asphalt with a permanent solution.

The project was awarded through an informal bid process, with Rege Construction submitting the lowest bid of $50,323.
________________________________________________________________________________________ Options:

1. Authorize City Manager to Exicute Construction Agreement

2. Provide Staff alternate dircetion
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ 18 City Council/Successor Agency Agenda Item Summary

Budget/Financial Impact:

This Project will be Fully Funded by State and Federal Funds awarded for project 715693 Potable Water Distribution Line
Funds Awarded
State $10,320
Federal $41,280
Total $51,600
Total Project bid: $50,323
________________________________________________________________________________________ Attachments:

1. Resolution

2. Draft Construction Agreement
19 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A CONSTRUCTION AGREEMENT WITH REGE CONSTRUCTION FOR THE ALLEN AVE. ASPHALT REPAIR PROJECT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Cloverdale Public Works Department is responsible for maintaining and improving the City’s roadway infrastructure; and
WHEREAS, during the atmospheric river storm event of the 2023 winter season, sustained rainfall led to soil supersaturation, causing damage to the Allen Ave. Street Knuckle and cracking a 6” transite water line, which resulted in a large leak and damage to an approximately 28’ x 28’ section of Allen Ave.; and WHEREAS, City of Cloverdale Public Works staff performed emergency repairs, replacing the damaged pipe with City Standard PVC piping and applying a temporary asphalt surface; and WHEREAS, the City of Cloverdale worked closely with FEMA to secure funding for a permanent road surface repair, acquiring $10,320 in state funding and $41,280 in federal funding, totaling $51,600 for the Allen Ave.

Asphalt Repair Project; and
WHEREAS, the City conducted an informal bid process for the project, and Rege Construction submitted the lowest bid of $50,323; and
WHEREAS, the project will be fully funded by state and federal funds awarded for Project 715693 Potable Water Distribution Line, with no additional financial burden on the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a construction agreement with Rege Construction for the Allen Ave. Asphalt Repair Project and authorizes the City Manager to execute said agreement on behalf of the City.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12 day of March, 2025 by the following 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 - Attachment 2 Draft Agreement
20 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A CONSTRUCTION AGREEMENT WITH REGE CONSTRUCTION FOR THE ALLEN AVE. ASPHALT REPAIR PROJECT, AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND AMEND THE FY 2024-25 BUDGET TO INCLUDE THE EXPENSE OF $50,323
WHEREAS, the City of Cloverdale Public Works Department is responsible for maintaining and improving the City’s roadway infrastructure; and
WHEREAS, during the atmospheric river storm event of the 2023 winter season, sustained rainfall led to soil supersaturation, causing damage to the Allen Ave. Street Knuckle and cracking a 6” transite water line, which resulted in a large leak and damage to an approximately 28’ x 28’ section of Allen Ave.; and WHEREAS, City of Cloverdale Public Works staff performed emergency repairs, replacing the damaged pipe with City Standard PVC piping and applying a temporary asphalt surface; and WHEREAS, the City of Cloverdale worked closely with FEMA to secure funding for a permanent road surface repair, acquiring $10,320 in state funding and $41,280 in federal funding, totaling $51,600 for the Allen Ave.

Asphalt Repair Project; and
WHEREAS, the City conducted an informal bid process for the project, and Rege Construction submitted the lowest bid of $50,323; and
The project will be fully funded by state and federal funds awarded for Project 715693 Potable Water Distribution Line, with no additional financial burden on the City. The expenses will be paid from the Water Fund 600-40-801-49130-000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a construction agreement with Rege Construction for the Allen Ave. Asphalt Repair Project and authorizes the City Manager to execute said agreement on behalf of the City.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12 day of March, 2025 by the following 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 - Attachment 2 Draft Agreement 21
1 Form_Construction Agreement (Major)_5/19/2020
CONSTRUCTION or MAINTENANCE AGREEMENT
[City use: this form is only for public works projects $25,000 - $75,000] (Title of Project)
Contract No.( finance account number)
THIS AGREEMENT (“Agreement”) is entered into and effective as of the XX day of XXXXXX in the year 2025, by and between the City of Cloverdale (“City”) and Rege Construction Inc. (“Contractor”) (collectively, “Parties”).

City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK
Contractor shall complete the work as described and/or depicted in Exhibit A (“Work”), attached hereto and incorporated by reference herein, upon the terms and conditions set forth herein.

ARTICLE 2. COMPLETION OF WORK
The Work shall be completed to the satisfaction of City by May 30th, 2025.

ARTICLE 3. CONTRACT PRICE /PAYMENT
A. City shall pay Contractor the aggregate sum of
Fifty Thousand Three Hundred Twenty Three dollars ($50,323.00), for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement (“Contract Price”).

B. Payment schedule:

1. X _ Such compensation shall be paid by City within thirty (30) days following written notice of City’s acceptance of the Work.

2. Such compensation shall by paid by City in accordance with the Payment Schedule attached hereto as Exhibit B, and incorporated by reference herein.

C. Notwithstanding any provisions herein, Contractor shall not be paid any compensation until such time as Contractor has complied with the City’s Business License and Regulations Ordinance.

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ARTICLE 4. INSURANCE
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor’s agents, representatives and employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form covering automobile Liability, code 1 (any auto), or code 8, 9 if no owned auto.

3. Workers’ Compensation Insurance as required by the State of California and Employers’ Liability Insurance. If no employees are utilized, the Contractor shall sign a declaration as described in California Health and Safety Code Section 19825.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:

1. General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation statutory limit and Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Insureds as respects: liability arising out of work or operations as performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.

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2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, unless thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. The Workers’ Compensation endorsement shall contain a Waiver of Subrogation against the City. The Contractor shall provide to the City an endorsement from the Worker’s Compensation insurer, if any, agreeing to waive all rights of subrogation against the City for injuries to employees of the Insured resulting from work for the City or use of the City’s premises or facilities.

5. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including the additional insured and primary insurance requirements stated therein. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effective coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to the City’s requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

G. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

ARTICLE 5. BONDS/CONTRACTOR’S GUARANTEE
A. A labor and materials (payment) bond is ____ required /__X not required for this Agreement. If required for this Agreement, before beginning the Work, Contractor shall provide a labor and materials bond in the amount of one hundred percent (100%) of the Contract Price, and which conforms with the requirements of Civil Code section 3248, as may be amended from time to time.

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B. A performance bond is required / X _ not required for this Agreement. If required for this Agreement, before beginning the Work, Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Contract Price to guarantee faithful performance of the Work.

C. Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”). As part of Contractor’s Guarantee, Contractor agreesto make, at Contractor’s own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period. The Contractor’s Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement.

D. A maintenance bond is required / X _ not required for this Agreement. If required for this Agreement, prior to acceptance of the Work, Contractor shall provide a maintenance bond in the amount of ten percent (10%) of the Contract Price as a security for the Contractor’s Guarantee. The maintenance bond shall remain in force for one (1) year following the City’s acceptance of the Work.

E. Any and all bonds required for this Agreement shall be in a form acceptable to the City Attorney. Any such bond must be issued by a corporate surety which is an admitted surety insurer in the State of California. Any bond signed by an agent must be accompanied by a certified copy of such agent’s authority to act. If the surety on any bond provided by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, Contractorshall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein.

ARTICLE 6. CONTRACT DOCUMENTS
The contract documents which comprise the entire agreement between City and Contractor consist of this Agreement and exhibits thereto and the following (“Contract Documents”):
• City-approved drawings and specifications for the Work; • Any written amendment or change order approved by the City after the effective date of this Agreement;
• Any bonds required pursuant to Article 5 of this Agreement; • Other: .

The Contract Documents may only be amended by prior written authorization of the City Manager or his/her designee.

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ARTICLE 7. PREVAILING WAGES
A. If required under Labor Code Section 1720 and other applicable federal, state, or local law, pursuant to California Labor Code Section 1771, Contractor and any subcontractor shall pay all workers employed in execution of the Work in accordance with the general rate of per diem wages specified for each craft, classification, or type of worker needed to execute the Work. Copies of the prevailing rates of per diem wages are on file at the Recording Secretary’s office, and shall be made available to any interested party on request.

B. Contractor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Contractor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by thisreference as though fully set forth herein.

C. Contractor and any subcontractor shall maintain and make available for inspection payroll records as required by California Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Contractor is responsible for ensuring compliance with this section.

D. Contractor and any subcontractor shall fully comply with California Labor Code Section 1777.5, concerning apprentices, which is incorporated by this reference as though fully set forth herein. Contractor is responsible for ensuring compliance with this section.

E. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Agreement.

Contractor and any subcontractor shall pay workers overtime pay as required by California Labor Code Section 1815. Contractor and any subcontractor shall, as a penalty to the City, forfeit twenty five dollars ($25) for each worker employed in the execution of thecontract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation so the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

ARTICLE 8. INDEMNIFICATION
Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Work or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of the City.

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ARTICLE 9. DISCLAIMER CONCERNING LABOR CODE SECTION 6400 Contractor understands and agrees that with respect to performance of the Work, and notwithstanding any provision in this Agreement to the contrary, Contractor, and/or its privities, including, without limitation, subcontractors, suppliers and other engaged by Contractor in the performance of the Work shall be “employers” for purposes of California Labor Code Section 6400 and related provisions of law, and that neither City nor its officials, officers, employees, agents, volunteers or consultants shall be “employers” pursuant to California Labor Code Section 6400.

ARTICLE 10. TERMINATION
Notwithstanding any other provision set forth herein, City may terminate or suspend this Agreement immediately for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Contractor, including, without limitation, a breach of any of Contractor’s covenants, representations or guarantees provided herein. Upon receipt of notice of termination or suspension, Contractor shall immediately stop all work in progress under this Agreement. Without limiting the generality of the foregoing, City may terminate this Agreement if Contractor fails to perform the Work within the time specified in Article 2, or any written extension thereof. If City terminates this Agreement for cause, Citymay undertake to have the Work completed by its own workforce or by substitution of contractor, and Contractor shall be liable to City for any excess cost incurred by City as a result. In the event of such termination, Contractor shall be entitled to payment for all Work performed to date of termination to the extent such services were actually performed in accordance with this Agreement.

Upon termination, any and all of City’s documents or materials provided to Contractor and any and all of Contractor’s documents and materials prepared for or relating to this Agreement shall be delivered to the City as soon as possible, but not later than ten (10) days after the cessation of the Work.

ARTICLE 11. CONTRACTOR CLAIMS
Contractor claims shall comply with Exhibit C, Dispute Resolution.

ARTICLE 12. INDEPENDENT CONTRACTOR
It is understood and agreed that in the performance of this Agreement, Contractor (including its employees and agents) is acting in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor has full control over the means and methods of performing said services and is solely responsible for its acts and omissions, including the acts and omissions of its employees and agents.

ARTICLE 13. LICENSES/PERMITS
Contractor represents that Contractor has all licenses, permits, or qualifications of whatsoever in nature, which are legally required for Contractor to perform the Work. Contractor shall, at Contractor’s sole cost and expense, keep in effect at all times during the term of this Agreement, any such licenses, permits or qualifications. Contractor is required to possess a current Business license. ARTICLE 14.

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INSPECTION
All Work done and materials furnished, if any, shall be subject to inspection and approval by the City.

ARTICLE 15. SUBCONTRACTORS
Contractor must obtain the City’s prior written consent for subcontracting any Work pursuant to this Agreement, including safety orders under Title 8 of California Code of Regulations. Any such subcontractor shall comply, to the extent applicable, with the terms and conditions of this Agreement. Any agreement between Contractor and a subcontractor pursuant to this Agreement shall provide that the subcontractor procure and maintain insurance coverage as required herein and which shall name City as an additional insured.

ARTICLE 16. COMPLIANCE WITH LAWS/NON-DISCRIMINATION
Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations.

ARTICLE 17. NOTICES
All notices required or permitted by this Agreement, including notice of change of address, shall be in writing and given by personal delivery or sent postage prepaid and addressed to the parties intended to be notified, as set forth herein. Notice shall be deemed given as of the date of delivery in person or as of the date deposited in any post office or post office box regularly maintained by the United States Postal Service, unless otherwise stated herein. Notice shall be given as follows:

City: Attn: David Kelley
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, California 95425
Telephone: (707) 894-2521
Contractor: Name: Zach Rege
Business Name: Rege Construction Inc.

Address: 600 Santana Drive
City, State, Zip: Cloverdale CA. 95425
Phone: 1-707-894-5143
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Email: [email protected]
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ARTICLE 18. GOVERNING LAW/VENUE
This Agreement shall be construed and its performance enforced under California law. Venue shall be in the Superior Court of the State of California in the County of Sonoma.

ARTICLE 19. NON-WAIVER
The City’s failure to enforce any provision of this Agreement or the waiver of any provision in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect.

ARTICLE 20. THIRD PARTY BENEFICIARIES
The Parties do not intend, by any provision of this Agreement, to create in any third party any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party.

ARTICLE 21. ASSIGNMENT
No assignment in transfer in whole or in party of this Agreement shall be made without the prior written consent of City.

ARTICLE 22. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

ARTICLE 23. HEADINGS
The headings of the sections and exhibits of this Agreement are inserted for convenience only.

They do not constitute part of this Agreement and are not to be used in its construction.

ARTICLE 24. NO ORAL MODIFICATION
There shall be no change whatsoever in the Work without an executed change order or written amendment to this Agreement authorized by the City. City shall not be liable for the cost of any extra work, any changes to the time, or any substitutions, changes, additions, omissions, or deviations from the Work unless the City has authorized the same and the cost thereof has been approved in writing by an executed change order or written amendment to this Agreement.

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IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed the day and year first above written.

FOR CITY OF CLOVERDALE FOR CONTRACTOR
By
Kevin Thompson Name: Zach Rege
City Manager Title: Project Manager/Estimator
ATTEST:

Mike Maloney
City Clerk
APPROVED AS TO FORM:

Alex Mog, City Attorney
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EXHIBIT A

SCOPE OF SERVICES AND SCHEDULE
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31 Good afternoon,
Thank you for providing an informal bid for the City of Cloverdale’s Allen Ave. Pavement Repair Project. The City of Cloverdale is reaching out for informal bids to repair pavement on an area of Allen Ave. via removal and replacement of hot mix asphalt. The successful bidder will be required to execute a contract with the City for the work. Some notable aspects of the contract include requiring prevailing wage, workers compensation insurance, reporting to DIR, performance and maintenance bonds, a Cloverdale business license, and $2 million-dollar general liability insurance.

The site on Allen Ave. is a street knuckle(similar to City Standard 213) with deteriorating pavement, as shown on the attached location map/pictures and has been marked with white paint. The white paint marks the limits of saw-cutting and pavement removal/replacement. Photos attached show the one manhole and one water valve box that will need to be reset in the new pavement. The City’s needs/expectations for the project are noted below:
• Paving – Sawcut in clean straight lines, remove existing asphalt concrete and any tree root material, recompact aggregate base for an even and uniform surface to 95% relative compaction, and install Hot Mix Asphalt(HMA) in removed area to the depth of 4” per City Standards. Install a tack coating at all exposed vertical surfaces including saw cut’s and lips of gutter. New HMA surface shall conform to existing paving and lip of gutter at limits of work.

Provide submittals for HMA and tack material for approval at least one week prior to start of work.
• Sewer Manhole – Cover should retain existing grade. If adjustment is necessary, traffic rated materials shall be used. Provide a submittal for review and approval prior to installation. • Valve boxes – Valve box will be re-set to match the contour of proposed new pavement per city Standards (STD. NO. 501)
• Traffic control – Contractor is responsible for traffic control including rerouting pedestrian traffic and establishing a no-parking zone for the workdays. Submit a traffic control plan for approval at least one week prior to the start of work. Neighborhood residents shall have access at all times and specific coordination with the residents at 70,72,119 and 121 Allen Ave. is required. Initial contact with the resident will be made by the City and contact information will be provided to the contractor prior to the start of work. • Protect existing utilities and facilities – Fire hydrant, water meter and asbestos cement water line are in the vicinity of work, are to remain, and be protected in place along with private property including but not limited to the residential driveway surface, existing curb and gutter.

Sewer and storm drain shall be protected from construction activities and no debris shall be introduced into these facilities. The contractor shall achieve pavement compaction without the use of vibratory rollers or other means that could cause damage to the water line. Prior to any work being performed the contractor shall locate and mark underground utilities.

Hours of work will be limited to weekday business hours (8:00 a.m. to 5:00 p.m.) The City will provide construction water if needed.

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32 Please provide a quote for the above noted scope of work by email end of day on March 4th 2025 that includes the contractor’s name, contract information, and bid amount. In order to demonstrate your responsiveness to this request, include a statement in your proposal that you have read and understand these project specifications and applicable City Standards and that you have physically visited and reviewed the site.

If you have any questions or input about the project, please email me prior to end of day on February 17th, 2025 so I can address all questions/comments with all interested bidders. The City will review the quotes and select the contractor during the week of March 10th, 2025.

Thank you,
Derrick Montanye | Public Works Director
[email protected]
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Office: (707)894-1722
www.cloverdale.net
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33 1/30/2023
Area to be repaved on Allen Av.

Allen Ave. AC fix
0 Miles 0.00
Scale 1: 300
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34 1/30/2023
Allen Ave. utilities
Allen Ave. AC fix
0 Miles 0.00
Scale 1: 300
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35 Existing asphalt
Job Scope Limits
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EXHIBIT B

PAYMENT SCHEDULE
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EXHIBIT C

DISPUTE RESOLUTION
ARTICLE 1 ― APPLICABLE STATUTES

1.01 Reference Public Contract Code section 9204(b) setting forth procedures for that apply to all claims by contractors in connection with public works. Reference Public Contract Code section 9204(f)(2) providing that a public entity may prescribe additional reasonable and equitable terms regardingactions or procedures to be taken by the parties.

1.02 Reference California Government Code Section 930.2 which provides: “The governing body of a local public entity may include in any written agreement to which the entity, its governing body, or any board or employee thereof in an official capacity is a party, provisions governing the presentation, by or on behalf of any party thereto, of any or all claims arising out of or related to the agreement and the consideration and payment of such claims.”
ARTICLE 2 ― INTERPRETATION AND EFFECT

2.01 The procedures provided in this exhibit are mandatory. Contractor must comply with theseprocedures prior to filing a Government Code Claim with the City form prescribed by Government Code section 910. A failure or refusal by Contractor pursue diligently and exhaust, as to any Disputed Work or Claim, the required administrative procedures set forth in this exhibit, shall operate as a waiver of the Disputed Work and Claim and a bar to further judicial process.

2.02 This exhibit shall not be interpreted to supersede or limit procedures within the Contract Documentsfor administration of the Work, including but not limited to, procedures regarding changes to the Contract Documents, changes from conditions indicated in the Contract Documents, changes in the Contract Times, Liquidated Damages, differing site conditions and utility conflicts, testing and inspections, quality control completion and close out of the Contract. Contractor must complete all such contract procedures.

2.03 Notwithstanding the pendency of contract administration procedures or disputes procedures set forth herein, Contractor at all-time shall prosecute the Work in accordance with the Contract Documents,and for disputed Work, in accordance with the Contract Documents as determined and directed by City.

2.04 It is the intention of this exhibit that disputes, protests, claims and disagreements however denominated, between the parties arising under and by virtue of the Contract, be brought to the attention of City at the earliest possible time in order that the matters may be resolved by negotiation, if possible, or other appropriate action promptly taken.

ARTICLE 3 ― DEFINITIONS

3.01 For purposes of this exhibit, the following Definitions shall apply:
.A “Disputed Work” - Work that Contractor contends is outside the scope of the ContractDocuments or in violation of the terms of the Contract Documents, resulting from any decision, determination, order, direction, instruction, notice, action, or omission of City being otherwise incorrect or improper. Disputed Work includes any claims or potential claims regarding loss of productivity, delays, impacts, arising or occurring during the Work, that Contractor may assert resulted from acts or omissions of City that were outside the requirements of the Contract Documents.
.B “Good Faith Negotiations” means the successive, tiered negotiations of Disputed Work, each with increasing levels of documentation and substantiation, starting at the Project level and escalating to the Authorized Representative level, then the Executive l
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.C “Claim” or “statutory claim” is defined in Public Contract Code section 9104, and means “a separate demand by the contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
.1 A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a public works contract. .2 Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. .3 Payment of an amount that is disputed by the public entity.” .D Final Claim means the certified Final Claim prepared and submitted by Contractor if Good Faith Negotiations fail to result in settlement of the claim.

ARTICLE 4 ― REQUIREMENTS OF GOOD FAITH NEGOTIATIONS

4.01 Introduction
.A At any time during the Good Faith Negotiations defined in Article 3, Contractor may serve a statutory claim pursuant to Public Contract Code section 9204. Upon receipt of a claim pursuant to that section, the City will conduct a reasonable review of the claim and, within a period not to exceed 45 days,shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, City and Contractor may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim.
.B Notwithstanding the service of a statutory claim, Contractor must comply with the Good Faith Negotiations procedures set forth in this Article 4. Failure to so comply shall operate as a waiverof Contractor’s claims.

4.02 Notification of Disputed Work Required.
.A Contractor shall promptly, and before commencing Disputed Work, notify City’s Authorized Representative in writing before proceeding with such Work. Contractor’s written notification shall state the objection and the basis of the objection (“Disputed Work”). .B If Contractor proceeds with the Disputed Work without complying with the written notice requirement, Contractor will be deemed to have assented that the Work is within the Contract’s requirements, and shall waive its rights to further right to a protest or Claim. .C Contractor shall provide written notice of Disputed Work concurrently with Contractor’s incurring any costs it may claim are the responsibility of City.

4.03 Contemporaneous Records
.A Beginning with the first day on which any Disputed Work is performed, and each following Day, Contractor shall maintain detailed hourly records of labor, construction equipment, and services, and itemized records of materials and equipment used each Day in the performance of the Disputed Work.

Such records must be of a form acceptable to City, shall be signed by Contractor, copies provided to City daily, and are subject to verification by City.

4.04 Initial Substantiation (within ten (10) Days after Contractor’s first knowledge of the Disputed Work.)
.A Within ten (10) Days after Contractor’s first knowledge of the Disputed Work, Contractor shall provide City with a written statement of dispute (“Dispute”) that includes a preliminary cost proposal for the Disputed Work stating clearly and in detail its objection and reasons for contending the DisputedWork is outside or in breach of the requirements of Contract Documents. The preliminary cost proposal must provide a good faith preliminary estimate of the labor (workers, crews), equipment and/or materials involved, and a corresponding good faith preliminary estimate of cost. It is theresponsibility Draft
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of Contractor to substantiate that the Disputed Work is in fact a change from the base scope of Work. .B The written Dispute must identify the subcontractors, vendors, suppliers affected, if any, sufficient for City to visit the Site to inspect the work and/or conduct a telephonic interview of the persons involved, and/or to photograph the work in question. Contractor shall provide byemail digital photographs of the Disputed Work and provide City with contact information for all involved subcontractors and/or suppliers of any tier to facilitate prompt “in person” review at the next job site meeting.

4.05 First Negotiation: At Project Level. (No later than twenty-one (21) Days after Contractor’sfirst knowledge of the Dispute).
.A The written notice and preliminary cost proposal for Disputed Work must be placed, by Contractor, as either a specific discussion item on the Agenda for the next weekly meeting, or to occur immediately before or following the weekly meeting. Both City and Contractor shall then make a good-faith effort to review the Disputed Work. It is expected that discussions will occur no later than twenty-one (21) Days after Contractor’s first knowledge of the Dispute.

4.06 Updated Dispute Substantiation (no later than thirty (30) days of Contractor’s first knowledge of Disputed Work).
.A In the event negotiations at the next job site meeting do not result in resolution of the Dispute, and in any event no later than thirty (30) days of Contractor’s first knowledge of Disputed Work, Contractor must update its Dispute (“Updated Dispute”) to meet the following requirements. .B Contractor shall submit the Updated Dispute documentation in the followingformat:
.1 Introduction and Issue Identification
.2 Background
.3 Chronology
.4 Contractor's Position (Reason for City’s potential liability) .5 Supporting documentation of merit
.6 Supporting documentation of damages
.7 Schedules (if appropriate)
.8 Productivity exhibits (if appropriate)
.C Contractor shall explain, cite by reference to Contract Documents and documents from theProject record and/or submit photocopies of documents supporting the merit of its position. .D Contractor shall explain, cite by reference to, and/or submit photocopies of documents supporting damages. Contractor must submit substantial supporting documentation with this Updated Dispute documentation; categories and amounts not identified and justified, will be deemed waived.

Contractor may not assert, subsequently, new or different categories or amounts of damages.

4.07 Second Negotiation: At Project Representative Level. (No later than forty-five (45) Days after Contractor’s first knowledge of the Dispute).
.A If City and Contractor do not resolve the Disputed Work at their first meeting, then Contractor shall submit its Updated Dispute and shall calendar the matter for discussion with Contractor’s Representative and City’s Representative to occur within twenty (20) Days of the weekly meetingand no later than forty-five (45) Days after Contractor’s first knowledge of the Dispute. .B City’s Representative will consider the information provided by Contractor and from City’sresources, and will provide a decision in writing. If Contractor disputes the written decision, then Contractor’s remedy is to file a Notice of Potential Claim meeting the requirements below. .C If for any reason City should fail to act or provide a decision on a Dispute or Updated Dispute, all within the required forty-five (45) Days, then the Dispute and Updated Dispute shall be deemeddenied by City’s Representative on the forty-sixth (46th) Day.

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4.08 Notice of Potential Claim (no later than fifty-five (55) Days after Contractor’s first knowledge of the Dispute).
.A If, after receiving City’s Representative’s decision, Contractor disagrees with it or still considers the Disputed Work required of it to be outside the requirements of the Contract Documents, then Contractor shall so notify City in writing within ten (10) Days after receiving the decision by submitting a Notice of Potential Claim (“NOPC”) stating that it will issue a formal claim.

4.09 Third Negotiation: Meeting of Executives.
.A Upon receipt of Contractor’s NOPC, Contractor and City shall negotiate the claim between and among the Contractor’s Representative and City’s Representative. Negotiations in response to the NOPC will not extend the time to file the Formal Claim.

4.10 FINAL CLAIM AND CERTIFICATION (Within seventy-five (75) Days of Contractor’sfirst knowledge of a Dispute, or within thirty (30) Days of City’s written decision on Contractor’s Dispute and Updated Dispute.)
.A Within seventy-five (75) Days of Contractor’s first knowledge of a Dispute, or within thirty (30) Days of City’s written decision on Contractor’s Dispute and Updated Dispute, Contractor shall file with City its formal claim(s), in the form specified in this exhibit. For each NOPC Contractor intends to pursue as a formal claim, Contractor shall include all arguments, justification, cost or estimates,schedule analysis, and detailed documentation supporting Contractor’s position.

Contractor is encouraged to designate its Final Claim and Certification as its statutory claim. .B Claim Documentation. Contractor’s Claim documentation shall conform to generally accepted auditing standards (GAAS). Contractor shall submit the Claim in the following format:
.1 Introduction
.2 General Background Discussion
.3 Summary of Issues and Damages
.4 Index of Issues
.5 For Each Issue (Begin each issue on a new page)
.a Background
.b Chronology
.c Contractor's Position (Reason for City’s potential liability) .d Supporting Documentation of Merit
.e Supporting Documentation of Damages
.f Schedules (if appropriate)
.g Productivity exhibits (if appropriate)
.C Contractor shall explain, cite by reference to, and/or submit photocopies of, documents supporting the merit of its position. Supporting documentation may include, but not be limited to, General Conditions, General Requirements, Technical Specifications, Drawings, correspondence, conference notes, Shop Drawings and other Submittals, Submittal Logs, survey books, inspection reports,delivery schedules, test reports, daily reports, subcontracts, fragmentary Critical Path method schedules, photographs, technical reports, Requests for Information, field instructions, and other related records necessary to support the merit of Contractor's position. .D Contractor shall explain, cite by reference to, and/or submit photocopies of, documents supporting damages. Supporting documentation may include, but not be limited to, any or all documentsrelated to the preparation and submission of the Bid; Subcontractor, Supplier or vendor files and cost records; certified payroll reports, materials, equipment, and construction equipment and services costs; purchase orders; invoices; project as-planned and as-built costs; Subcontractor and Supplier payment documentation; quantity reports; other related records; general ledger and any other accounting materials necessary to support the Contractor's position.

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4.11 NO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY BECLAIMED, REQUESTED OR RECOVERED.

ARTICLE 5 ― SUBCONTRACTOR CLAIMS.

5.01 Contractor shall require each Subcontractor, sub-Subcontractor and supplier to comply with the claims procedure set forth in this exhibit to provide Contractor with timely notice and documentation of all claims. Contractor shall present as its claims, all Subcontractor, sub-Subcontractor and supplier claims of any type, and prove them under the terms of the Contract Documents. City shall not be directly liable to any Subcontractor, any supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from the Project.

ARTICLE 6 ― WRITTEN DECISION AND ACTION ON CLAIMS

6.01 Time frames and procedures Decisions on statutory claims and formal claims follow thesame procedures stated In Public Contract Code Section 9104:
.A “Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
.B If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
.C If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. .D Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediatorsshall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. .E For purposes of this section, mediation includes any nonbinding process, such as neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
.F Unless otherwise agreed to by the public entity and the contractor in writing,the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

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.G Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
.H Amounts not paid in a timely manner as required by the negotiations required under PublicContract Code section 9204 shall bear interest at 7 percent per annum.” ARTICLE 7 ― CLAIM UPDATES AND WAIVER

7.01 Claim Updates Required. If Disputed Work persists longer than a single calendar month, then for each quarter until the Disputed Work ceases, Contractor shall submit to City a document titled “Claim Update” that shall update and quantify all elements of the Claim as completely as possible. Contractor’s failure to submit a Claim Update or to quantify costs every quarter shall result in waiver of the Claim for that period. Claims or Claim Updates stating that damages, total damages (direct and indirect), schedule impact and/or any time extension will be determined at a later date shall not comply with this subparagraph and shall result in Contractor waiving its claim(s). Contractor shall also maintain a continuing “claims log” that shall list all outstanding claims and their value, and provide such log to City quarterly.

7.02 Waiver. If the initially required notice of Dispute, Updated Dispute, Notice of Potential Claim andFinal Claim, are not issued within the time period required herein, or if Contractor proceeds with the disputed Work without first having given the notice of the Disputed Work, Contractor shall be deemed to have waived its rights to further claim on the specific issue.

ARTICLE 8 ― GOVERNMENT CODE SECTION 930.2

8.01 The procedures, negotiations, record keeping, documentation and Final Claim, if negotiation efforts prove unsuccessful, as required in this exhibit, are intended to constitute a mandatory administrative remedy and part One of a two-step claim procedure by agreement under California GovernmentCode Section 930.2. Step One is compliance with the Good Faith Negotiations and Claim Requirements.

Step Two is filing a Government Code Section 910 Claim in with the City following statutory procedures and identifying Claims submitted, negotiated and not settled.

8.02 Should Contractor fail to timely comply with the procedures set forth in this exhibit, Contractormay have rights to apply for consideration of late claims following the procedures in Government Code Section 930.4 This exhibit defines the limits of authority of City’s representative to consider late claims and the basis therefore.

ARTICLE 9 ― WAIVER AND SUBSTANTIAL COMPLIANCE

9.01 If Contractor fails to comply with this exhibit as to any claim or Disputed Work, then Contractor shall waive its rights to such claim. All claim(s), Disputed Work items or issue(s) not raised in a timely notice, timely notice of potential claim and then timely claim submitted under this exhibit, may not be asserted in any subsequent arbitration (if subsequently agreed), litigation or legal action, and anyaward (or portion thereof), judgment or verdict contrary to this preclusion shall be vacated to the extent contrary.

9.02 Contractor may request an extension of time to comply with the claims procedure herein, but must do so in advance of time periods expiring and City must give its approval in writing (which approvalmay be withheld in City’s discretion.) As to any other feature of the claim procedure herein (and its claims waiver feature), it may not be waived or altered absent a written Change Order signed by both parties and accepted as to form by their legal counse
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Form_Construction Agreement (Major)_10-09-2018

9.03 City in its sole discretion, may consider Contractor’s substantial compliance with the required initial notice and written Dispute, provided Contractor demonstrates good faith and a manifest lack of prejudice to City from late written notice, for example, contemporaneous City/Contractor discussions and review of Disputed Work with full opportunity to investigate and verify costs and work performed.

Under no circumstances may substantial compliance by considered when the required written notice is more than twenty-one (21) calendar days late.

9.04 City shall not be deemed to waive or alter any provision under this exhibit, if at City’s sole discretion, a claim is administered in a manner not in accord with this exhibit.

9.05 Compliance with the foregoing shall not be a prerequisite to any Claim that is based solelyon differences in measurement or errors of computations as to Contract quantities.

ARTICLE 10 ― CLAIMS UNDER $375,000

10.01 The provision of Public Contract Code §20104 set seq. relating to the resolution of construction claimsof three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency are hereby incorporated in this Contract and are italicized for ease of use.

10.02 Documentation that is necessary to substantiate Claims submitted pursuant to this section must comply with the format requirements set forth in this exhibit. .A Claims for $375,000 or below, as provided by Public Contract Code - §20104 (a)-(d), Application of article; provisions included in plans and specifications:
(a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article7.1 (commencing with §10240) of Chapter 1 of Part 2.
(b)(1) "Public work" means "public work contract" as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. .B Claims for $375,000 or below, as provided by Public Contract Code - §20104.2 (a)-(f),Claims, requirements, tort claims excluded:

For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must be filed on or before the date of Final Payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

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Form_Construction Agreement (Major)_10-09-2018
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of timeno greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issue in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
.C Claims for $375,000 or below, as provided by Public Contract Code - § 20140.4(a)-(c), pertaining to Civil action procedures; mediation and arbitration; trial de novo; witnesses:

The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-Day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 commencing with Section 2016.010 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

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(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by City funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
.D Claims for $375,000 or below, as provided by Public Contract Code - §20140.6 (a)-(b), Paymenton undisputed portion of claim; interest on arbitration awards or judgments:
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

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47 Planning and Sustainability Subcommittee Meeting Minutes - August 20, 2024 - Page 1 of 4 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - DRAFT

PLANNING AND SUSTAINABILITY SUBCOMMITTEE MEETING
TUESDAY, AUGUST 20, 2024
1:30 PM
124 N. CLOVERDALE BOULEVARD
CLOVERDALE, CA, 95425
A. CALL TO ORDER & ROLL CALL
Chair Bagby called the meeting to order at 1:33 p.m.

Present: Chair - Councilmember Bagby, Vice Chair - Vice Mayor Wheeler, City Manager Kelley, Asst. City Manager Thompson, Park Superintendent Galvan, City Clerk Maloney

Absent: None.

B. PUBLIC COMMENTS:

Robert Koslowsky spoke regarding local taxation and spending.

C. COMMUNICATIONS
None.

D. APPROVAL OF MINUTES
D.1 April 16, 2024 Draft Minutes
Approved as Submitted
E. NEW BUSINESS
1 - Discussion - Microenterprise Home Kitchen Operations (MEHKO) City Manager Kelley introduced the item and the Subcommittee discussed.

The Subcommittee provided direction to Staff.

2 - Discussion - Mobile Home Zoning Overlay Districts
City Manager Kelley introduced the item and the the subcommittee discussed.

The Subcommittee provided direction to Staff.

F. STANDING ITEMS

PLANNING
1 - Update - Community Development Log
Community Development Director Thompson reported.
48 Planning and Sustainability Subcommittee Meeting Minutes - August 20, 2024 - Page 2 of 4 2 - Update - Annexations: Six Acres Water Company / S. Cloverdale Water Company City Manager Kelley and Assistant City Manager Thompson reported.

The Subcommittee discussed.
3 - Update - Urban Growth Boundary (UGB)
City Manager Kelley reported and the Subcommittee provided comments. 4 - Update - County Wide Flood Master Plan
City Manager Kelley reported and responded to Subcommittee inquiries. 5 - Update - SB852 - Climate Resilient Communities
None.
6 - Update - Bay Area Housing Finance Authority (BAHFA) City Manager Kelley reported and the Subcommittee provided direction to Staff.

Rob Koslowsky provided comments and inquiries, and the Subcommittee responded. 7 - Update - Director Report
Park Superintendent Galvan reported on vegetation management.

City Manager Kelley reported on the Alexander Valley Resort property progress and Alexander Valley Healthcare Project.

The Subcommittee discussed.

TRANSPORTATION
8 - Update - Ride Program
None.
9 - Update - Active Transportation Plan
Assistant City Manager Thompson and City Manager Kelley reported.

RECREATION
10 - Update - Recreation Survey Results
City Clerk Maloney and Superintendent Galvan presented and the Subcommittee discussed. 11 - Update - Art Program
Assistant City Manager Thompson reported and the Subcommittee discussed. 12 - Update - Great Redwood Trail
None.
13 - Update - Regulation Size Pool
None.
14 - Update - Kids to Parks Day / Adults to Parks Day
Park Superintendent Galvan reported.
49 Planning and Sustainability Subcommittee Meeting Minutes - August 20, 2024 - Page 3 of 4 The Subcommittee discussed open space and scout cabin improvements/timelines.

OTHER
15 - Update - Our Healthy Community Project
None.

G. FUTURE AGENDA ITEMS
Remove Item F.6.

H. ADJOURNMENT
Chair Bagby adjourned the meeting at 3:31 p.m. to the next regular meeting of the Planning and Sustainability Subcommittee scheduled for October 15, 2024.

APPROVED ON:
_________________________
Mike Maloney, City Clerk
50 Planning and Sustainability Subcommittee Meeting Minutes - August 20, 2024 - Page 4 of 4 3 51
Public Works and Facilities Subcommittee Meeting Minutes – September 24, 2024 - Page 1 of 3 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - DRAFT

PUBLIC WORKS AND FACILITIES SUBCOMMITTEE
TUESDAY, SEPTEMBER 24, 2024
1:30 P.M.

CITY HALL CONFERENCE ROOM
124 N. CLOVERDALE BLVD.,
CLOVERDALE, CA 95425
A. CALL TO ORDER & ROLL CALL
Chair Wheeler called the meeting to order at 1:30 p.m.

Present: Chair - Vice Mayor Wheeler, Vice Chair - Councilmember Wolter, City Manager Kelley, Assistant City Manager Thompson, Public Works Director Montanye, Park Superintendent Galvan, City Engineer Apodaca, City Clerk Maloney

Absent: None.

B. PUBLIC COMMENTS
Richard Saint provided comments
Steve Christianson provided comments
Ruth Springfield provided comments
Chair Wheeler rearranged the agenda to see item F.12. based on Public Comment.

C. COMMUNICATIONS
None.

D. APPROVAL OF MINUTES
D.1 July 23, 2024 - Draft Minutes
Approved as submitted.

E. NEW BUSINESS

1. Discussion - Stop Sign - N. Jefferson / W. 1st Street* City Manager Kelley introduced the item and the Subcommittee and members of the public discussed.

The Subcommittee provided direction to Staff.

2. Discussion - Public Traffic Sign Request Policy/Procedure 52 Public Works and Facilities Subcommittee Meeting Minutes – September 24, 2024 - Page 2 of 3 City Manager Kelley introduced the item and the Subcommittee and members of the public discussed.

The Subcommittee provided direction to Staff.

3. Discussion - Acceptance of FAA Airport Improvement Grant Funding Agreement City Manager Kelley reported and the Subcommittee discussed.

4. Update - 101 N. Project
Assistant City Manager Thompson reported and the Subcommittee discussed and provided direction to Staff.

5. Discussion - Asti Road Frontage Improvements
Assistant City Manager Thompson introduced the item and City Engineer Apodaca reported.

Richard Saint Angelo spoke regarding the development.

The Subcommittee discussed and provided direction to Staff.

6. Discussion - November / December Special Meeting (Oct 22 Cancelled) City Manager Kelley introduced the item and the Subcommittee discussed.

F. STANDING ITEMS
Parks

1. Update - Open Space Vegetation Management
Park Superintendent Galvan and City Manager Kelley reported.

2. Update - Cloverdale Parks Preventative Tree Pruning Program Park Superintendent Galvan reported and responded to Subcommittee inquiries.

3. Update - Potential Park Enhancements
Park Superintendent Galvan reported.

4. Update - Scout Hut
Park Superintendent Galvan reported.

5. Update - Park Superintendent Update
Park Superintendent Galvan reported
Streets

6. Update - City Wide Street Striping Plan
City Engineer Apodaca reported.

7. Update - 1st Street Overlay and Gap Closure
City Engineer Apodaca reported.

8. Update - Crocker Bridge Pedestrian Improvement Project City Manager Kelley reported and the Subcommittee and members of the public discussed. 53 Public Works and Facilities Subcommittee Meeting Minutes – September 24, 2024 - Page 3 of 3

9. Update - Clark Avenue Rehabilitation
City Engineer Apodaca reported.

10.Update - Pavement Preservation Project
Public Works Director Montanye reported.

11.Update - W-Trans Pedestrian Safety Evaluations
City Manager Kelley reported.

Water

12.Update - City-Wide Drought Relief Water Systems Project Implementation(s) City Manager Kelley introduced the item and City Engineer Apodaca reported and responded to inquiries and comments.

13.Update - Russian River Water Forum / Potter Valley Relicensing Project City Manager Kelley reported.

14.Update - Six Acres Mutual Water Company Pre-Annexation Project Waste Water City Manager Kelley reported.

15.Update - Recycled Water Planning Study
City Manager Kelley reported and responded to Subcommittee inquiries.

Public Works

16. Update - Department Head Update
Public Works Director Montanye reported.

Airport

17. Update - Airport Activities
Public Works Director Montanye reported.

G. FUTURE AGENDA ITEMS
City Owned property on East side of Russian River
Bus Stop relocation on Jefferson
Sign Request Form Review
Move 101 North Update to Standing Items.

Live Oak Drive
Community Survey for Plaza Park
H. ADJOURNMENT
Chair Wheeler adjourned the meeting at 3:29 p.m. to a date uncertain for a special meeting of the Public Works and Facilities Subcommittee. (Regularly scheduled meetings for Oct 22, Nov 26, and Dec 24 cancelled).

APPROVED ON: _________________________________
Mike Maloney, City Clerk
54 Finance, Admin, and Police Subcommittee Meeting Minutes – November 4, 2024 - Page 1 of 2 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - DRAFT

FINANCE, ADMINISTRATION, AND POLICE SUBCOMMITTEE MEETING MONDAY, NOVEMBER 4, 2024
1:30 PM

CLOVERDALE CITY HALL CONFERENCE ROOM
124 N. CLOVERDALE BLVD., CLOVERDALE, CA 95425
A. CALL TO ORDER & ROLL CALL
Chair Lands called the meeting to order at 1:30 p.m.

Present: Chair - Mayor Lands, Vice Chair - Councilmember Wolter, Assistant City Manager Thompson, Police Chief Parker, Finance Director Holmes, City Clerk Maloney

Absent: Vice Chair Wotler, City Manager Kelley
B. PUBLIC COMMENTS:

None.

C. APPROVAL OF MINUTES
1 - August 5, 2024 - Draft Minutes
Approved as submitted.
2 - October 7, 2024 - Draft Minutes
Approved as submitted.

D. NEW BUSINESS
1 - Discussion - Vacant Property Ordinance
Assistant City Manager Thompson introduced the item and the Subcommittee provided direction to staff.
2 - Discussion - Downtown Property Acquisition - 205 S. Cloverdale Blvd Assistant City Manager Thompson introduced the item and the Subcommittee provided direction to staff.
3 - Discussion - Police Department Staffing Update
Police Chief Parker introduced the item and the Subcommittee discussed. 4 - Discussion - Budget Cuts and Restricted Travel and Training Assistant City Manager Thompson introduced the item and the Subcommittee discussed and provided direction to staff.
55 Finance, Admin, and Police Subcommittee Meeting Minutes – November 4, 2024 - Page 2 of 2 E. STANDING ITEMS

FINANCE
1 - Update - Measure P Cannabis Report
Finance Director Holmes reported and responded to Subcommittee inquiries. 2 - Update - Water Rate Revenue Tracking Worksheet
Finance Director Holmes reported and the Subcommittee discussed. 3 - Update - Grants, Grant Writing Investment Options, and Tracking None.
4 - Update - Director Report
None.

ADMINISTRATION
5 - Update - Russian River Reuse Collaborative (R3C)
None.
6 - Update - Code Enforcement Activities
Assistant City Manager Thompson reported.
7 - Discussion - Upcoming Proclamation Determination
City Clerk Maloney reported.

POLICE
8 - Update - Traffic Enforcement and Citations
Police Chief Parker reported and responded to comments and inquiries. 9 - Update - Chief Report
Police Chief Parker reported.

F. FUTURE AGENDA ITEMS
1 - Cannabis Ad Hoc Meetings (TBD)
2 - Agenda and Media Management Software (Dec 2)
3 - Budget Cuts added to Standing Items under Finance
4 - Subcommittee consolidation consideration (Dec 2)
G. ADJOURNMENT
Chair Lands adjourned the meeting at 2:26 p.m. to the next regular meeting of the Finance, Admin, and Police Subcommittee scheduled for December 2, 2024.

APPROVED ON:
_______________________________
Mike Maloney, City Clerk
56 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

F.3
March 12, 2025
Agenda Section:

Consent
Staff Contact:

Kevin Thompson, City Manager
Agenda Item Title:

Consider Adoption of the 2025 Amended City Council Subcommittee, Joint Subcommittee and Regional Board and Committee Appointments
_______________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Adopting the Amended 2025 Roster of Subcommittee, Joint Committee and Regional Board/Committee Appointments and the 2025 Subcommittee Meeting Schedule.”
________________________________________________________________________________________ Background:

Cloverdale Municipal Code Chapter 2.06 describes the City Council’s subcommittee system. Municipal Code Section 2.06.040 states the following:

Each subcommittee shall consist of two city council members, with one member designated as the subcommittee chair, and the city manager. City council members shall serve a one-year term on the subcommittee, or until their successor is appointed. Subcommittee assignments and appointments will be made by the majority of the city council, which typically takes place during the first regularly scheduled city council meeting in January each year.

In addition to Council subcommittees, there are various regional boards that require the Council to formally designate a board representative. In some instances, the Regional Boards By-laws require that the primary and alternate Board appointees consist of elected officials. The Regional Boards that require board appointments to be elected officials include Sonoma Clean Power, Sonoma County Transportation Authority and Northern Sonoma County Air Pollution Control District.
________________________________________________________________________________________ Summary:

City staff distributed a subcommittee preference form to the Mayor and members of the City Council at the December 11, 2024, City Council Meeting. The results of the preference forms prepared by individual Councilmembers were subsequently compiled and presented to the City Council at the January 10, 2024, City Council meeting. The City Council reviewed and made final adjustments to the Subcommittee and Regional Board appointments and directed the list be returned for formal adoption by resolution at the following Council meeting.

Attached for the City Council’s consideration is a resolution setting forth the 2025 Subcommittee, Joint Committee and Regional Board/Council appointments including updated meeting times and meeting dates for the 2025 calendar year. The Subcommittee Calendar will be added to the website under the City Council Subcommittee page once created.
57 City Council/Successor Agency Agenda Item Summary
Meeting Date: March 12, 2025

________________________________________________________________________________________ Alternative Options:

1. Modify the Resolution and/or the 2025 Subcommittee, Joint Committee and Regional Board/Council Appointments; or

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

Not Applicable
________________________________________________________________________________________ Budget/Financial Impact:

None.
________________________________________________________________________________________ Attachments:

1. Resolution Approving the Amended 2025 Subcommittee, Joint Committee and Regional Board/Council Appointments.

2. Exhibit A to Resolution – 2025 Subcommittee Appointments List

3. Exhibit B to Resolution – 2025 Regional Board/Committee Appointments and Dates 58 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE AMENDED 2025

ROSTER OF SUBCOMMITTEE, JOINT COMMITTEE AND REGIONAL BOARD/COMMITTEE APPOINTMENTS AND THE 2025 SUBCOMMITTEE MEETING SCHEDULES WHEREAS, the City Council created the Management by Objectives (MBO) system for setting the City’s business objectives on June 28, 2006, including establishing the system of City Council Subcommittees; and
WHEREAS, Cloverdale Municipal Code Chapter 2.06 describes the City Council’s subcommittee system; and
WHEREAS, Municipal Code Section 2.06.040 states that each subcommittee shall consist of two City Council members, with one member designated as the subcommittee chair, and the City Manager; and WHEREAS, City Council members shall serve a one-year term on the subcommittee, or until their successor is appointed. Subcommittee assignments and appointments will be made by the majority of the City Council, which typically takes place during the first regularly scheduled City Council meeting in January each year; and
WHEREAS, the City participates on two joint committees with two separate local agencies (the Cloverdale Fire Protection District, and the Cloverdale Unified School District); and WHEREAS, the City establishes typical meeting days, times and locations for Council Subcommittees and the joint committees; and
WHEREAS, on January 8, 2025, the City Council reviewed the City Manager’s recommendations for Subcommittee, Joint Committee and Regional Board/Committee appointments; and WHEREAS, the City Council reviewed and updated the City Manager’s recommendation to reflect the Councilmembers interests serving on Subcommittee, Joint Committee and Regional Board/Committee; and approved a resolution adopting the 2025 Roster of Subcommittee, Joint Committee, and Regional Board/Committee memberships and meeting days and times be returned for Council action.

WHEREAS, on February 12, 2025, Councilmember Wolter resigned from office, and City Council appointed Andrés Marquez to the City Council. On February 26th, 2025, City Council reviewed the previously approved resolution and provided direction to staff to amend the appointments to include Councilmember Marquez.

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

1. Adopt the Amended 2025 Roster of Subcommittee, Joint Committee, and Regional Board/Committee Appointments attached hereto as Exhibit A and Exhibit B;

2. Re-Adopt the 2025 Subcommittee Meeting Schedules attached hereto as Exhibit C setting forth the subcommittee meeting dates and times; and
59 3. Rescind the approved Resolution Approved on January 22, 2025.

It is hereby certified that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12th day of March 2025, by the following vote:

AYES: (0)
NOES: (0)
ABSENT: (0)
ABSTAIN: (0)
APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachments:

1. Exhibit A - 2025 Subcommittee Appointments

2. Exhibit B - 2025 Regional Board/Committee Appointments

3. Exhibit C - 2025 Subcommittee Calendar (Meeting Schedule) 60 Exhibit A

CLOVERDALE CITY COUNCIL
2025

SUBCOMMITTEE APPOINTMENTS
SUBCOMMITTEE: APPOINTMENTS
Administration: * Lands; Morgenstern
Infrastructure: * Wheeler, Laskey
Joint City/Cloverdale Unified School District: * Morgenstern; Marquez Homelessness Community Advisory Group: * Morgenstern, Wheeler * Committee Chairperson
61 Exhibit B
* Appointment by and represents Sonoma County Mayors and Councilmember’s Association # Requires membership on SCTA / RCPA Board
** Appointment by League of CA Cities Board of Directors ++Subject to Sonoma County Mayors/Council Members Association appointment 2025 REGIONAL BOARD APPOINTMENTS
Regional Board / Committee 2025
Appointments
Meeting
Schedule
Cloverdale Chamber of Commerce Liaison Wheeler, Morgenstern (Alt.) 1st Thurs @ 5:30 pm Monthly Cloverdale Senior Center Liaison Lands, Marquez (Alt.) 1st Wed @ 4:30 pm Monthly Planning Commission Liaison Laskey, Marquez (Alt.) 1st Tues @ 6:00 pm; Monthly Cloverdale Rancheria Tribal Council Liaison Lands, Marquez (Alt.) As needed Cloverdale Regional Library Advisory
Board Marquez, Wheeler (Alt.) 3rd Tues-Feb, May, Aug, Nov League of CA Cities Board of Directors** Lands, Wheeler (Alt.) Quarterly Northern Sonoma County Air Pollution
Control District Wheeler, Laskey (Alt.) Scheduled as needed Redwood Empire Municipal Insurance
Fund (REMIF) / CIRA Holmes, Thompson (Alt.) 2nd Thu; noon (bi-monthly) Russian River Watershed Assn (RRWA) Morgenstern, Wheeler (Alt.) 4th Thursday; 9:00 am Sonoma Co. Mayors/Council
Members Assn Legislative
Committee
Lands, Wheeler (Alt.) 1st Friday @ 9:30 am
Sonoma Co. Open Space District Advisory
Board ++ Morgenstern, Wheeler (Alt.) 4th Thursday, 5:00 pm Sonoma Co. Transportation Authority
& Regional Climate Protection
Authority
Lands, Laskey (Alt.) 2nd Monday; 2:30 pm Monthly
Zero Waste Sonoma County Marquez, Thompson (Alt) 3rd Thursday; 9:00 am Monthly Sonoma Clean Power Laskey, Wheeler (Alt.) 1st Tuesday; 12:00 pm Monthly 62 2025 Council, Planning Commission, Subcommittee
and Joint Committee Membership and Meeting Schedule
City Council Members Meetings: 2nd and 4th Wednesday of Every Month Lands, Todd
(Mayor)
Wheeler, Brian
(Vice-Mayor)
Wolter, Gus
Bagby, Melanie
Morgenstern,
Marjorie
January 8 and 22
February 12 and 26
March 12 and 26
April 9 and 23
May 14 and 28
June 11 and 25
July 9 and 23
August 13 and 27
September 10 and 24
October 8 and 22
November 12 and 26
December 10 and 24
Planning Commission Members Meetings: 1st Tuesday of Every Month 6:00 pm Spingler
Asay
Wagy
Carni
Cadle
Alt: J. Williams
Alt: D. Frankston
January 7
February 4
March 4
April 1
May 6
June 3
July 1
August 5
September 2
October 7
November 4
December 2
Subcommittee Members Meeting Day, Time, and Location*
2nd Tuesday at 2 p.m. - Monthly (Feb - Dec)
Administration Lands,
Morgenstern
February 11
March 11
April 8
May 13
June 10
July 8
August 12
September 9
October 14
November 11
December 9
4th Tuesday at 2 p.m. – Monthly (Feb - Dec)
Infrastructure Wheeler,
Laskey
February 25
March 25
April 22
May 27
June 24
July 22
August 26
September 23
October 28
November 25
December 23
As Needed
Homelessness
Community
Advisory Group
Morgenstern,
Wheeler
Special Meetings As Needed
3rd Tuesday at 2 p.m. (Feb - Dec)
Joint City /
Cloverdale Unified
School District
Morgenstern,
Marquez
March 18
August 19
2nd Thursday – Bi-Monthly Dates and Time to be determined Sonoma County Mayor
& Councilmembers
Assoc.

Mayor,
Vice Mayor,
Designation
TBD by SCMCA
63 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

H.1
March 12, 2025
Agenda Section:

New Business
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title
City of Cloverdale Audited Financial Statements FY 2023/24 _______________________________________________________________________________________ Recommended Council Action(s):

Review and accept by motion the Fiscal Year 2023/24 City of Cloverdale Audited Financial Statements ________________________________________________________________________________________ Background:

Local governments are required to have an independent auditor review their finances each year and produce an Independent Auditors’ Report. The Governmental Accounting Standards Board (GASB) provides principles and guidelines against which that jurisdiction’s finances are evaluated.

Regardless of how many Funds a jurisdiction may use for accounting purposes, GASB Statement 34 requires that for purposes of its audit, a city’s Funds are grouped into three broad categories; major governmental funds, major enterprise (or business) funds, and non-major funds. Major Funds are those that have assets, liabilities, revenues, or expenditures equal to or greater than 10% of their Fund Type total, five percent of the grand total of all the City’s Funds.

Governmental Accounting Standards Board (GASB) 34 was intended to improve the public’s ability to read and understand the audits of public agencies. Among its components was the creation of the Management’s Discussion and Analysis (MD&A), which offers a narrative summary of the jurisdiction’s annual financial condition.

Governmental Accounting Standards Board (GASB) 68, Accounting and Financial Reporting for Pensions, was required for fiscal years beginning after June 15, 2014. Its purpose is to improve state and local governments' accounting and financial reporting for pensions and pension liabilities.

Governmental Accounting Standards Board (GASB) 75, Accounting and Financial Reporting for Postemployment benefits other than pensions were required for years beginning after June 2017. Its purpose is to improve accounting and financial reporting by state and local governments for postemployment benefits other than pensions.

Governmental Accounting Standards Board (GASB) 87, Leases, was required for years beginning after June 15, 2021. Its purpose is to better meet the information needs of the financial statement users by improving accounting and financial reporting for leases by governments.

An Audit is typically made up of a cover letter from the independent auditor; the MD&A; the Basic Financial Statements, including Notes; Required Supplementary Information (RSI), including comparisons between budget and actual; Supplementary information, including combining balance sheets; and Other Reports, including reports on internal control, a summary of findings, and a summary of prior year findings. __________________________________________________________________________________ 64 City Council/Successor Agency Agenda Item Summary
Meeting Date: February 26, 2025

Summary:

The City’s Independent Auditing firm conducting the Annual Audit of the FY 2023/24 City of Cloverdale Financial Statements is Terry Krieg, CPA. Terry Krieg is a certified public accountant who primarily provides audit and accounting services to non-profit organizations and local governmental agencies.

The Annual Financial Report includes Management’s Discussion and Analysis (MD&A), which presents a simple narrative introduction, overview, and analysis of the City’s financial activities for the June 30, 2024 fiscal year. The MD&A is found on Page 4-12 of the audit report. Outlined below are key financial highlights in the MD&A:
 The City’s total net position on June 30, 2024, was $114,246,027, an increase of $6,564,678 over the prior year.
 Total City revenues, including program and general revenues, were $25,014,862, an increase of $3,319,480 from the prior year; charges for service increased by $575,289; grants and contributions increased by $378,522; capital grants and contributions increased by $3,495,094; while taxes decreased by $146,546. Total expenses were $18,450,184, an increase of $2,602,022 or 16.4% over the prior year.  Governmental Activities Program Revenues were $7,132,264 an increase of $2,712,247 from fiscal year 2023’s $4,420,017. An increase in charges for services and overhead account for $20,931 of the change, operating grants and contributions increased by $407,706, while Capital grants and contributions increased $2,283,610. Tax revenue was $8,514,376 in 2024, which represents a 1.7% decrease from the prior year.
 Governmental Activities Program Expenses were $12,058,846 in fiscal year 2024, an increase of $1,695,826 from 2023 which was $10,363,020.
 Program revenues from Business-Type Activities were $9,207,535 in fiscal year 2024, up from $7,470,877 the prior year. This year, Business-type activities revenue is comprised of services charges which increased 5.2% or $554,358 primarily due to rate increases enacted in July 2023. Capital Grants and Contributions increased 255.5% to $2,579,428.
 Governmental Activities revenues, excluding operating and capital grants and contributions, were $12,473,281, a decrease of $73,144 over fiscal year 2023.  General fund balance is $9,011,532, an increase of $1,020,099 from the prior year’s fund balance of $7,991,433.

Terry Krieg, CPA, will attend the City Council meeting to present the report and answer questions from the Council and the public.
_______________________________________________________________________________________ Options:

N/A
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

The purpose of an audit is to review a prior year’s financial activities. 65 City Council/Successor Agency Agenda Item Summary
Meeting Date: February 26, 2025

________________________________________________________________________________________ Attachments:

1. Audited Financial Statements FY 2023-24

2. Other signed FY 2023/24 Audited Financial Reports:
a. Appropriations Limit
b. Management Letter
c. Report on Internal Control over Financial Reporting, Compliance and Other Matters d. Report to those charged with Governance.
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From: Kevin Thompson
To: City Council; Andres Marquez
Subject: Potter Valley Letter
Date: Thursday, February 27, 2025 11:11:26 AM
Attachments: LandsLetter_2_24_25_Rabbitt.pdf
***Do not reply all***
Hi Council,
Please see the attached letter submitted regarding the Potter Valley dam removal. The letter was submitted to Supervisor Gore, Rabbit, and Representative Huffman.

Thanks,
Kevin
Kevin Thompson, City Manager
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Office: (707) 894-1723
www.cloverdale.net
147
Supervisor David Rabbit
575 Administration Drive
Room 100 A
Santa Rosa, CA 95403
Dear Supervisor Rabbit,
I am writing on behalf of the City of Cloverdale—a unique community situated on the northern border of Sonoma County. Our town is embraced by wineries, vineyards, lumber mills, the Russian River, and scenic hillsides. Over the past 30 years, our population has grown significantly. Our schools consistently nurture exceptional students, athletes, and future leaders, and we work tirelessly to ensure our community enjoys the quality of life it deserves. We have expanded our Police Department, increased our parks and open spaces, approved hundreds of units of new market rate and affordable housing, upgraded our wastewater and water systems, and maintained robust vegetation management.

Additionally, we have significantly enhanced our fire resilience through initiatives such as Resilient Cloverdale and CloveReady.

Today, I wish to address an urgent issue that lies beyond our City Council’s control but falls within your influence. The Russian River is our primary water source—essential for drinking, hygiene, food production, and, importantly, fire resilience. For over 100 years, the dams in Potter Valley have provided critical water flow for energy production, flood control on the Eel River, and the agricultural development of our region. Initially, water releases from Lake Mendocino were around 150,000 acre-feet. However, in 2007 these releases were reduced to about 75,000 acre-feet, and in 2020 they were further reduced to roughly 39,000 acrefeet. In recent years, the City has implemented numerous conservation measures and reduced the community’s overall demand for water.

PG&E’s planned decommissioning of the Potter Valley dams and the Memorandum of Understanding to Advance a Water Diversion Agreement for a New Eel-Russian Facility (“MOU”) will have serious impacts on the health and safety of Cloverdale residents and the surrounding community.

Despite our best conservation efforts, the current proposal poses a serious health and safety risk. During the fire-prone months—from late spring to late fall—our water storage is severely constrained, especially during daytime usage, which leaves us vulnerable in the 148
event of a major fire or even a minor system leak. Furthermore, the economic impacts on the current proposal are too numerous to list in this letter.

While we have invested in expanding our water storage infrastructure, rehabilitating existing wells, and installing new ones, these measures are ineffective if the river’s water supply remains inadequate. As Mayor, I am committed to the well-being of our community, but we need your support to influence the decisions surrounding the Potter Valley Project.

We respectfully request that you advocate for a water flow that meets the health and safety needs of the community. We fully understand that PG&E will be moving forward with decommissioning the current dams, but that does not mean we have to settle for inadequate agreements and mitigation measures. An increased water allocation is critical for our continued growth, addressing the housing crisis, and ensuring our long-term safety and economic vitality. Without adequate water, our community is at risk, and our ability to manage fire emergencies could be severely compromised.

In collaboration with the Cloverdale Fire Protection District, the City of Cloverdale plans to submit formal letters voicing our concerns and to organize a Town Hall meeting for the greater Cloverdale Community. This meeting will provide an opportunity to discuss the Potter Valley Project, review the negotiated MOU, and address the future of our water supply. We officially invite you to participate in this Town Hall; further details regarding the date, time, and location will be provided soon.

If you would like to meet with me or any other city representative to discuss this matter further, please feel free to contact my office.

Thank you for your time and consideration.

Sincerely,
Todd Lands
Mayor
[email protected]
City of Cloverdale
149