124 N. Cloverdale Boulevard
Cloverdale, CA 95425
CITY OF
Phone: 707-894-2521
CLOVERDALE
www.cloverdale.net
MINUTES
REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE CLOVERDALE COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, JANUARY 12, 2022
CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
PUBLIC COMMENT: ADDRESSING THE CITY COUNCIL
Public Comments may be made using Zoom or sent by email to [email protected]. Emailed comments will become part of the record and viewable online and in the City Clerk's Office. Please refer to the end of the agenda for further instruction.
A. OPENING PUBLIC SESSION - 6:00 p.m.
Call to Order - Mayor Lands called the meeting to order at 6:00 p.m.
Pledge of Allegiance was led by Mayor Lands.
Roll Call - Council Members Present:
Mayor Lands
Vice Mayor Wolter
Councilmember Palla
Councilmember Cruz
Councilmember Bagby
Conflict of Interest Declaration -
Councilmember Cruz had provided staff notice of conflict of interest on Consent Calendar Item D.6 due to being within 1000 ft of the Thyme Square property.
City Attorney Sanchez stated conflicts related to Agenda Item G.2 as follows: Councilmember Cruz confirmed conflict of interest with ARPA funding item relating to Thyme Square, and Councilmember Bagby had conflict with ARPA funding relating to the Senior Center. They will recuse themselves from discussing these items.
Agenda Review - Regular Session (Changes and/or Deletions) City manager Kelley reported on additional information received and sent to Council after the packet was published.
These items will be exhibits to the meeting minutes:
Exhibit A - Revised Proclamation to Box Cox
Exhibit B - Item D.6 Revised Letter Agreement
Exhibit C - Item D.6 Revised Easement
Exhibit D - Item F.1 Claudia Clow Letter
Exhibit E - Item G.2 Rob Koslowski Letter
Exhibit F - Item G.2 La Familia Sana Funding Request Letter Exhibit G - Bagby Council Report
Mayor Lands addressed the community and council as incoming mayor with a statement of appreciation and goals for moving forward in a positive and respectful way during his year as mayor.
B. PUBLIC COMMENTS: Any person wishing to speak to the City Council on any item not listed on the agenda may do so at this time. Members of the public have the right to speak on any item on the Council Agenda at the time the item comes up for consideration. 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. Please limit comments to three minutes.
Mayor Lands opened the public comment period.
Kevin Kostoff addressed the Council in opposition of the Planning Commission's approval of the Alexander Valley Apartment project on Asti Rd. He stated his dissatisfaction for city officials approving a project with stated safety concerns out of fear of a lawsuit. He took issue with the appeal process and questioned collusion. He noted concerns including no sidewalks, no crosswalks, no transportation, traffic, and a speed limit that is not followed.
Asti Road is a thoroughfare and is often used as a detour. The appeal process is too high a burden for the community and the project needs to be seen by Council.
Ann Elston, La Familia Sana, confirmed the grant request for ARPA funding is an agenda item.
Debbie Howell stated the audio for meetings is very poor and needs attention. She was disappointed with the outcome of the Planning Commission meeting, the cost of appeal, and with the Alexander Valley Apartment project not going to Council for consideration.
Angela Cordova felt that the decision on Alexander Valley Apartments was based on fear of lawsuit. Such a controversial matter should have been overseen by a senior attorney. Melanie Bagby should recuse from consideration because she is on the SMART Board. An appeal should not fall on the community. The City Council needs to review the project. The School Board, traffic and fire issues all need further consideration.
Jennifer Allen stated outrage at the Planning Commission action. All Commissioners stated issues with safety, but the item was approved due to fear of lawsuit. Each member of the Commission stated safety concerns that were not resolved, yet it passed. The project still has safety concerns acknowledged by the commission. The infrastructure is not there to support the project. She requested a waiver of the appeal fee.
Denise Keller questioned priorities and wondered why the Commission was unable to hear the concerns that were brought to their attention.
Liane Fabian stated concerns about safety, reduced parking, and location. She requested a waiver of appeal fees.
Mayor Lands closed the public comment period at 6:28 p.m.
C. PROCLAMATIONS/PRESENTATIONS: (10 Minutes)
C.1 A Proclamation Presented to Bob Cox for his Service to the Community of Cloverdale on the Cloverdale City Council and Planning Commission.
Action(s): Mayor Lands read the Proclamation into the record and presented the document to Bob Cox.
C.2 Student Liaison Report
Action(s): The Council received a report from Guadalupe Nunez, Student Liaison.
D. CONSENT CALENDAR: All items under Consent Calendar will be considered together by one action of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.
D.1 Minutes of December 8, 2021, Regular Meeting of the City Council and Joint Meeting of the Cloverdale Community Development Successor Agency Board of Directors.
Action(s):
Approval of Minutes.
D.2 A Resolution of the City Council of the City of Cloverdale Authorizing the Continuance of Remote Teleconference Meetings in Compliance with Assembly Bill 361.
Action(s):
Adopted Resolution 001-2022 of the City Council of the City of Cloverdale Authorizing the Continuance of Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361.
D.3 Resolution to Approve Investment and Authorize the Signers for the City of Cloverdale Investment Account Held with the Sonoma County Treasurer.
Action(s):
Adopted a Resolution titled, "A Resolution 002-2022 of the City Council of the City of Cloverdale Approving Investment of Funds and Authorizing the Signers for the City of Cloverdale funds held in the Sonoma County Investment Pool." D.4 Approval of a Resolution to Submit a Grant Application to the State of California Department of Water Resources for City-wide Drought Relief Water System Upgrades.
Action(S):
Adopted a Resolution titled, "Resolution 003-2022 of the City Council of the City of Cloverdale Authorizing the Grant Application, Acceptance, and Execution with the State of California Department of Water Resources for the City-wide Drought Relief Water System Upgrades." D.5 Resolution Authorizing a New Account and Signers for the City of Cloverdale General Checking Account held at Exchange Bank.
Action(s):
Adopted the Resolution titled, "A Resolution 004-2022 of the City Council of the City of Cloverdale Authorizing a New Checking Account and the Authorized Signers for the City of Cloverdale General Checking Account Held at the Exchange Bank."
Motion on Consent Calendar Items D.1-D.5: Motion made by Vice Mayor Wolter, seconded by Councilmember Palla, to approve the Consent Calendar, excluding item D.6. Motion passed 5-Ayes, O-Noes.
AYES: (5) Vice Mayor Wolter, Councilmembers Palla, Bagby, Cruz, Mayor Lands NOES:
ABSENT: (0)
ABSTAINED: (0)
D.6 Consideration of a Resolution authorizing the City Manager to execute a Temporary Construction Easement with the PG&E, for use of the city owned Thyme Square parcel for the purposes of staging constructing equipment.
Action(s):
Adopt a Resolution entitled, "A Resolution 005-2022 of the City Council of the City of Cloverdale authorizing the City Manager to execute a Temporary Construction on Easement with the PG&E for use of the city owned Thyme Square (APN 001-440-051 AND 001-440-053)." Motion on Consent Calendar Item D.6: Motion made by Vice Mayor Wolter, seconded by Councilmember Palla, to approve Consent Calendar Item D.6. Motion passed 4-Ayes, 1-Recused.
AYES: (4) Vice Mayor Wolter, Councilmembers Palla, Bagby, Mayor Lands NOES: (0)
ABSENT: (0)
ABSTAINED: (0)
RECUSED: (1) Councilmember Cruz
E. COMMUNICATIONS: Council may discuss at this time written communications sent to Councilmembers since the last council meeting. Written communications to be discussed will be listed below, if any. There were none.
F. PUBLIC HEARING: Public Hearing items will begin at the me shown, or as close thereafter as possible, to allow for completion of the item.
F.1 Introduction and First Reading of an Ordinance Amending Sections of the Cloverdale Municipal Code (CMC) in order to Streamline the Approval of Housing Development Affordable to Owner and Renter Households at all Income Levels and Promote Development Consistent with the State Planning Priorities.
Assistant City Manager (Asst CM) Kevin Thompson presented the staff report, summarizing the proposed revisions and noted a request from Claudia Clow, attached to the minutes as Exhibit F.
Bruce Brubaker made presentation regarding the proposed zoning amendments, explaining the project goals, and summarized proposed revisions to the City of Cloverdale Municipal Code.
Councilmembers had general questions regarding density, and potential impacts of density increases on parking and building height for affordable housing projects. Councilmember Palla noted that state law supersedes some city regulations for affordable housing projects, which limits the city's ability to impose certain conditions. Asst CM Thompson noted that the opportunity sites in the downtown are relatively small in area, and it is unlikely that affordable housing projects would be developed downtown due to the density needs of such housing.
Councilmember Bagby suggested to separate the Transit Oriented Development (TOD) area discussion and the Downtown (DT) core area discussion.
Mayor Lands opened the public hearing at 7:28 p.m.
Claudia Clow requested an amendment that would change the hotel/motel length of stay to be a maximum of 7 days. She is aware of a hotel downtown being used for long-term agricultural worker housing. Many cities have needed to address the issue of downtown hotel/motels being used for long-term housing. She questioned the land use allowance, permitting and building standards for a "cookhouse" in a hotel/motel. She was told that a
cookhouse on the property would be preparing three meals a day for thirty-plus workers. Workers are being placed in the heart of downtown when they should be provided proper housing by their employer.
Nina Hanchett sought to confirm that the downtown zoning changes are proposed for owner development, and that the city is not seeking to emanate domain properties for development. She believes in a dense, viable and livable downtown. The hotel issue posed by Claudia Clow needs attention.
Councilmember Palla responded with clarification that the examples provided by the consultant are examples only. It would be up to a property owner and developer to make application to the City for development.
Lian Fabian noted the downtown has retail vacancies. There is no reason why downtown should have any vacant retail space.
Richard St Angelo, 218 Live Oak, stated wariness of unintended consequences over lack of parking. The majority of Cloverdale residents commute and have cars. He suggested that the Council wait to act on the TOD increase and first live with the impacts of the recently approved project. It is logical to assume parking will spill over to streets.
Kevin Kostoff, 605 Lake Street, encouraged separating the discussions for TOD and Downtown district. Cloverdale is a small town with limited space for development.
Dave Holt explained that he owns a building downtown and reported there was not much interest in it when it went up for rent. It is important to make it easy to get business downtown, instead of trying to bring it. Some recommended changes in the zoning will be helpful, but he does not believe it goes far enough.
Al Myers, business owner, explained that he has had difficulty securing a building downtown that fits the needs of his business.
Mayor Lands closed the public hearing at 7:52 p.m.
Councilmember Bagby noted there is vacant retail inventory, but it is not necessarily suitable to all business needs. We need to get people downtown to support local businesses. By loosening some of the downtown core's requirements, we can attract development downtown. An affordable housing project is very unlikely to locate in the DT area.
Councilmember Cruz explained people that come to wine country know that they are coming to small towns.
Small towns do not usually have a lot of parking. Many small towns with limited parking have vibrant downtowns. We do not need to be so worried about parking.
Councilmember Palla stated that the city tends to get a black eye for things out of its control. The Redevelopment Agency was taken away, the city went through a major recession and maintaining public services was a difficult task and as we try to rebuild state laws are imposed that supersedes our regulations so that the City has no control. The city, along with the League of California Cities, opposed most of these laws and the legislators put aside these concerns. The city now must consider how to move forward without violating state law. He encouraged city government and residents to get ahold of the state legislators and voice their opinion at that level. Councilmember Palla wanted to focus on the downtown core area and proposed a revision to not allow residential on the ground floor on 1st St from Cloverdale Blvd. to Main St.
Vice Mayor Wolter agreed to consider the TOD and DT separately. The city is considering how to allow for infill development.
Mayor Lands shared the same concerns with ground floor residential as Councilmember Palla including 1st, 2nd, and 3rd Streets. He too wants to separate TOD and DT. He stated concern that 800sf units might be too small. He wants to make sure that affordable housing units are livable and to be proud of. In response, Councilmember
Bagby explained that 800sf is suitable for some. Mayor Lands wants to ensure the residents get the best for their dollar.
Councilmember Palla directed City staff to investigate the issue of the hotel/motel brought up by Claudia Clow. It is possibly a code enforcement issue.
Councilmember Cruz noted there is already mixed use in the downtown and many people do not realize how much housing is in the downtown. Most is substandard and it is time to start looking at dignified housing in downtown. The ideal is to have housing on the second floor.
Councilmember Bagby supported higher density in the downtown core.
In summary, Asst CM Thompson suggested what could be done is keep the TOD at 20, increase the DT to 30, make the other amendments for first floor residential.
Councilmembers agreed to introduce the Ordinance with direction to staff to make the revisions to the density and first floor residential and return the ordinance for the second reading.
Staff identified the changes for the record as follows:
1) Going to amend the density of downtown from 20 to 30 units (Page 64 of the Ordinance); and 2) Keep the TOD at 20 (no change from current); and
3) First floor residential will not be allowed fronting Cloverdale Blvd, nor on 1s and 2nd Streets from Main St to Commercial Street. (Amendment on page 63 of the Ordinance) Motion: Motion made by Councilmember Palla, seconded by Councilmember Bagby to introduce and conduct first reading by title only, as amended, and waiving reading of Ordinance 744-2022 titled "Ordinance 744-2022 of the City of Cloverdale Amending Cloverdale Municipal Code Chapters 18.05 (Commercial Zoning Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter 18.10 (Design Standards) and Chapter
18.11 (Parking and Loading Requirements). Passed 5-Ayes, O-Noes.
AYES: (5) Councilmembers Palla, Bagby, Cruz, Vice Mayor Wolter and Mayor NOES: (0)
ABSENT: (0)
ABSTAIN: (0)
Mayor Lands ordered a five-minute break that reconvened at 8:42 p.m.
G. NEW BUSINESS:
G.1 Discussion and Direction of Draft City Council 2022 Subcommittee, Joint Committee and Regional Board/Committee Appointments.
Recommended Action(s):
Staff recommends that the City Council review the Preference Indication Ranking Worksheet Results and finalize recommendations for Council Subcommittee, Joint Committee and Regional Board/Council Assignments, and direct staff to return with a Resolution to ratify the appointments and set the meeting dates and times at the January 26, 2022, City Council meeting.
City Manager Kelley presented the staff report, seeking direction from Council for the subcommittee assignments, meeting dates and times for Year 2022. He reported that Councilmember Cruz has indicated her preference not to serve as the representative for the Senior Center or Department of Health.
Changes proposed to the subcommittees are as follows:
1) Councilmember Palla will not serve on Finance, Administration and Police. Vice Mayor Wolter will take his place as Chair.
2) Change in time to Joint City/School Subcommittee to 4:30 p.m. 3) Change in time to Finance, Administration and Police to 1:30 p.m. 4) Change in time to Planning and Sustainability to 1:30 p.m. 5) Change in occurrence to Public Works to 1:30 p.m. MONTHLY Changes proposed to the regional boards are as follows:
1) Senior Center - Lands and Wolter
2) Regional Library Board - Mayor Lands and Councilmember Cruz 3) Sonoma County Dept of Health Services, Health Action - Vice Mayor Wolter, Mayor Lands (Alt) G.2 American Rescue Plan Act (ARPA) Spending Plan Discussion.
Action(s): Direction given to staff for revision and return of a Resolution.
City Manager Kelly presented the staff report, requesting direction on the allocation of ARPA funds. He noted that the Senior Center has requested an increase in funding, and La Familia Sana has requested an allocation of ARPA funds. It appears that both requests could be funded with ARPA funds.
Finance Director Holmes explained to Council that if ARPA funds go to non-profits, there is additional reporting requirements that the City must manage. The city would be responsible for auditing the use of funds for five years. If the Council wishes to fund the non-profit requests, she will prefer that it comes from the general fund and then ARPA funds could be used to reimburse other general fund expenses.
Councilmember Bagby recused herself for the Senior Center discussion.
City Manager Kelley explained that the Senior Center's request is for an amount of $10,000 in addition to the funding ($15,000) already approved in the general fund.
Councilmember Cruz stated support and her preference for the use of ARPA funds for both non-profits.
Mayor Lands stated preference to pay through the General Fund and reimburse the General Fund with ARPA funds.
Mayor Lands allowed for public comment.
Al Myers, Senior Center, stated that they were trying to keep their ask low, but were hoping for an additional $25,000 on top of the $15,000.
Liane Fabian supported the Senior Center's ask.
Vice Mayor Wolter stated that he would agree to approve an additional $25,000 to the Senior Center, for a total of $40,000.
Councilmember Palla supported funding the full asks of the two programs. He directed staff to come back with a plan to make the funding happen.
In response to Finance Director Holmes, the $25,000 would be in this Fiscal Year.
Councilmember Bagby returned to the meeting at 9:47 p.m. and City Manager Kelley reported that the Councilmembers agreed to support an additional allocation of $25,000 to the Senior Center.
The Council addressed La Familia Sana's request.
Councilmember Cruz stated her support for their request, noting that they have been providing metal health services in this community which directly relate to COVID-19, and it is a proper use of ARPA funds.
Councilmember Bagby stated her support, noting that they are providing very important services during the pandemic. The funding would be an appropriate use of funds.
Mayor Lands allowed for public comment.
Al Myers spoke in support of La Familia Sana. The Senior Center has been working with them as a fiscal sponsor.
They now have their own EIN and recently got an office downtown.
Ann Elston spoke on behalf of La Familia Sana, explaining their work providing mental health services in the community. They are seeking funds to continue their work. Mental health is critical in the latinx community.
Liane Fabian stated support; however, felt that $75,000 seemed high.
Melanie Hall stated support, explaining that they have been working collaboratively throughout the community providing services such as food distribution in collaboration with the Senior Center.
The councilmembers discussed the $75,000 ask and agreed to support La Familia Sana in full, with exception of Mayor Lands. Mayor Lands agreed that funding is appropriate, but he felt the $75,000 is a large amount for a non- profit.
Staff will bring this item back to Council to ensure that the funding matrix meets the Council's direction. Council left it up to the City Manager and Finance Director to discuss and recommend the funding source (ARPA or General Fund with ARPA funds reimbursing the General Fund).
Councilmember Cruz recused herself from the discussion of ARPA funding for $250,000 Thyme Square drainage improvements. Council directed staff to return with this project on the resolution as discussed previously.
H. SUBCOMMITTEE ITEMS: None
l. SUBCOMMITTEE REPORTS: (Verbal reports only)
These meeting times are tentative and subject to change upon final adoption by the City Council. • Finance, Administration & Police - Last meeting was cancelled. • Next Meeting - February 7, 2022 at 1:30 PM
• Planning & Sustainability
• Next Meeting - February 15, 2022 at 4:00 PM
• Public Works & Facilities
• Next Meeting - January 25, 2022 at 2:00 PM
• Joint City/Cloverdale Fire District
• Next Meeting - February 14, 2022 at 5:30 PM
• Joint City/Cloverdale Unified School District
• Cancelled Meeting - January 17, 2022 at 5:00 PM
• Homeless Community Advisory Group
• Next Meeting - February 8, 2022 at 5:00 PM
J. COUNCIL REPORTS: (Verbal reports only)
Councilmember Cruz reported on an upcoming Zero Waste Event.
K. INFORMATIONAL REPORTS:
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:
M. CITY MANAGER/CITY ATTORNEY REPORTS):
N. STATUS UPDATE ON CURRENT IMPACTS TO WATER SUPPLY: (Verbal report) City Manager Kelley reported that the storms have doubled the storage at Lake Mendocino; however, we do continue to be subject to the curtailment order, so we are asking for people to remain mindful.
O. STATUS UPDATE ON CURRENT EMERGENCY: Discussion and possible direction related to COVID-19.
The Sonoma County Health Officer issued an updated health order this week, recommending that people shelter at home as much as possible to reduce spread of the Omicron variant. It requires some restrictions to large group meetings, and we continue to monitor changes.
P. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:
Q. ADJOURNMENT: There being no further business, Mayor Lands adjourned the meeting at 10:25 p.m.
APPROVED: ATTEST:
Handl Obtai li
TODD LANDS, MAYOR GARIBALDI, CITY CLERK
Exhibit A
CITY OF
CLOVERDALE
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PRESENTED
TO BOB COX FOR HIS SERVICE TO THE COMMUNITY OF CLOVERDALE ON THE
CLOVERDALE CITY COUNCIL AND PLANNING COMMISSION
WHEREAS, Robert (Bob) Cox was originally appointed to the Planning Commission in 2007 where he served for 3 years until he was appointed to the City Council; and WHEREAS, during his term on the Planning Commission, Bob participated in the City's General Plan Update, the creation of its Station Area/Downtown Plan, and the drafting of a major overhaul of the City's outdated zoning code; and
WHEREAS, on September 7, 2010, the Cloverdale City Council appointed Bob Cox to fill the remaining term of a former Council Member who resigned; and
WHEREAS, Bob Cox was reelected to the City Council in 2012 and served as a City councilmember for six years from September 2010 through December 2016; and
WHEREAS, Box Cox was appointed to the Planning Commission for a second time in March 2017 and served for over four years until December 2021; and
WHEREAS, during his tenure as a City Councilmember Box Cox served on numerous and local regional Boards where he represented the City of Cloverdale including Sonoma Clean Power, Sonoma County Waste Management Agency and the Russian River Watershed Association; and WHEREAS, Box Cox participates as a member of local non-profit organizations that support the betterment of Cloverdale including the Sons of the American Legion and Cloverdale Rotary Club; and WHEREAS, Bob has been heavily involved in community volunteer efforts including work with the Cloverdale Performing Arts Center, Family Movie Nights on First, CAFÉ, a non-profit focusing on financial education for micro-businesses that support community building in Cloverdale and the Hometown Heroes Banner Program recognizing members of the military from Cloverdale; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cloverdale does hereby proclaim its appreciation to Bob Cox for his numerous contributions to the City of Cloverdale as a member of the City Council and Planning Commission and for his role as a member of many different organizations serving the residents of Sonoma County and the City of Cloverdale.
BE IT FURTHER RESOLVED that I, Todd Lands, Mayor of the City of Cloverdale, along with my fellow Council members, do hereby acknowledge the dedication and significant contributions by Bob Cox on behalf of the citizens of Cloverdale.
January 12, 2022
SO ORDERED:
Todd Lands, Mayor
Exhibit B
Pacific Gas and
Jeff Kohn
Electric Company. Senior Right of Way Agent
Pacific Gas and Electric Company
1850 Gateway Blvd. # 7043D
Concord, CA 94520
Office: (925) 459-8012
Cellular: (415) 407-8502
Fax: (925) 459-6928
Email: [email protected]
LETTER AGREEMENT
January 5, 2022
David Kelley
City Manager
City of Cloverdale
124 North Cloverdale Boulevard
Cloverdale, CA 95425
Re: Temporary Construction Easement
APN: 001-440-051 and 001-440-053, Northwest Corner South Cloverdale Boulevard and Healdsburg Avenue, Cloverdale, CA
Dear Mr. Kelley:
At Pacific Gas and Electric Company (PG&E), we're committed to improving our gas transmission system to better serve our communities. As part of that commitment, we are moving forward with our T-1471 Gas Transmission Pipeline Hydrotest project. In order to facilitate this, PG&E proposes to acquire a temporary construction easement (TCE) through your property. Here are the key terms:
1. Premises: +/- 32,670 square feet in Sonoma County with APN 001-440-051 and 001-440-053
2. Type of Agreement: Temporary Construction Easement
3. Price: $10,000
4. Use: Laydown/Staging
A copy of the temporary construction easement is attached for your consideration and signature. An IRS W-9 form is also attached and must be completed and signed in order to process payment. Please return the signed W- 9 form and the temporary construction easement to the address noted above.
Please contact me with any questions.
Best regards,
Jeff Kohn
Senior Right of Way Agent
Please sign and date to indicate your agreement with the above referenced terms:
Signature: Date:
Title:
Enclosure: Temporary Construction Easement; IRS W-9 form (Rev 05/15)
Exhibit C
Temporary Construction Easement (Rev. 03/19)
TEMPORARY CONSTRUCTION EASEMENT
CITY OF CLOVERDALE
(Property Owner"), hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (GE), a temporary construction easement ("TCE"), to be used in connection with 'G&E's T-1471 Gas Transmission Pipeline Hydrotest project ("PG&E's Project"), within Propert Owner's lands which are situated in the City of Cloverdale, County of Sonoma, State of California identified as the northwest corner of South Cloverdale Boulevard and Healdsburg Avenue, County The activities allowed under this TCE are described as follows:
(a) To gravel and use for laydown and staging purposes, including the right to park vehicles, locate construction trailers, and store materials and equipment.
The activities described above shall be within the areas delineated on the map attached and collectively referred to as ("Temporary Easement Area").
1. Term. The term of this TCE shall be for a period of two months commencing on June 6, 2022 and shall terminate on August 5, 2022 (the "Term"). PG&E shall have the right, subject to the terms herein, to extend the Term on a month-to-month basis for up to two (2) months) by giving the Property Owner written notice of its intention prior to the expiration of the Term. This TCE shall be irrevocable during the Term, except in the case of material breach of the terms and conditions of this TCE.
2. Compensation. PG&E shall pay Property Owner Five Thousand and NO/100 Dollars ($5,000.00) per month for a total amount of Ten Thousand and NO/100 Dollars ($10,000.00) as compensation for this ICE and shall deliver the total payment after receiving a completed IRS W-9 Form and an executed copy of this TCE. If PG&E extends the Term of this TCE, PG&E shall pay Property Owner Five Thousand and NO/100 Dollars ($5,000.00) per month for the duration of the extended
3. Exelusive Use; Access; Fencing. During the Term of this TCE, PG&E shall have the exclusive right to use the Temporary Easement Area and the right of ingress to and egress from the Temporary Easement Area over and across the property. PG&E shall have the further right to erect and maintain temporary fencing and gates with a locking device to enclose the Temporary Easement Area, and shall remove such fencing and gates at the end of the Term.
4. Indemnification. PG&E agrees to indemnify Property Owner against any loss and damage which shall be caused by any wrongful or negligent act or omission of PG&E or of its agents or employees in the course of their employment, provided, however, that this indemnity shall not extend to that portion of such loss or damage that shall have been caused by Property Owner's comparative negligence or willful misconduct.
5. Compliance with Laws. Interpretation and enforcement of this TCE shall be governed by the laws of the State of California. In exercising the rights granted under this TCE, PG&E shall comply with all laws, ordinances, and regulations pertaining to its use. PG&E is required under State and local Temporary Construction Easement (Rev. 03/19)
law to re-stabilize any disturbed project location within the Temporary Easement Area in order to control soil erosion and sediment runoff, in accordance with applicable project permits. PG&E shall have the right to access the Temporary Easement Area as reasonably necessary to allow it to meet any applicable project permit obligations after the Term.
6. Restoration. Upon completion of PG&E's Project, PG&E shall repair any damage and restore the Temporary Easement Area to as near as practicable to the condition that existed prior to PG&E use under this TCE. PG&E shall remove all personal property.
7. Representation. Property Owner represents and warrants the Temporary Easement Area is vacant and free from any encumbrances that would interfere with PG&E's full enjoyment of this TCE.
8. Entire Agreement. This TCE supersedes all previous oral and written agreements between and representation by or on behalf of the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This TCE may not be amended except by a written agreement.
9. Authority of Signatory. Each party to this TCE warrants to the other that it has the right and authority to enter into and consummate this TCE and all related documents.
10. Successors, Heirs, and Assigns. This provisions of this TCE shall inure to the benefit of and bind the successors and assigns of the respective parties.
11. Electronic Signatures. This TCE may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format ("pdf") version by email and such electronic signature(s) shall be deemed as original for purposes of this TCE and shall have the same force and effect as a manually executed original.
Temporary Construction Easement (Rev. 03/19)
2 cension i dameras This an al be execued in tal on gre countal concies end and the same instrument.
PROPERTY OWNER:
By:
Name:
Its:
Date:
Temporary Construction Easement (Rev. 03/19)
APNs 001-440-051 and 001-440-053
+/- 32,670 Square Feet (as shown in purple)
Main laydown yard
Temporary
Easement Area
Healestrang AvE
Exhibit D
From: Claudia Clow
To: Jill Garibaldi
Subject: City Zoning
Date: Tuesday, January 11, 2022 5:17:06 PM
Hi Jill,
I am sending you a copy of what I will say tomorrow. I understand it will be part of the record. If for some reason & miss the time or can't get on, I would appreciate it being read.
My name is Claudia Clow, I am a resident of Cloverdale and a Cloverdale business owner for 30 years.
As the city studies and effectively works on Cloverdale's zoning and how it will work in the future, I would like to request the council direct the planing staff to consider an amendment to the current Hotel/Motel Length of stay to a maximum of 10 days.
Many cities around the state have been forced to address this issue because it clearly can have a drastic effect on much needed city revenue and the cohesiveness of a community.
Thank you for your time.
Sincerely,
Claudia J Clow
707 481-0922
Exhibit E
From: ROB KOSLOWSKY
To: David Kelley; Jill Garibaldi
Cc: Todd Lands; Marta Cruz; Gus Wolter; Melanie Bagby; Joe Palla; Kevin Thompson Subject: On ARPA Spending, Agenda item G2
Date: Wednesday, January 12, 2022 2:03:59 PM
Attachments: Water Enterprise CIPs City of CLoverdale Jan 2022n matrix.png Jill,
For the record for tonight's meeting.
David,
Congratulations on a good allocation of federal infrastructure dollars (see extract below).
I'm heartened that after decades of neglect, the City of Cloverdale is making improvements to the water system a priority with the allocated ARPA funds (about $1.25 million). The federal funding, received through the state, highlights a major element of the funding, which is being applied as follows:
"Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet." I trust that this almost two million dollars, of which one million has already been banked, will be applied to the water services capital improvement projects as soon as possible. Such an investment in our community means that ratepayers should be spared any rate increase this summer for water and sewer services, while enjoying the benefits of a rehabilitated infrastructure.
Coupled with impact fees, PG&E relief funds, the 3% utility fee (a tax), and other non-ratepayer-based monies, I believe Cloverdalians' monthly water bills can remain where they are now through at least 2023.
Thank you,
...Rob
Water, Sewer, Broadband:
Broadband 162,000 Installation of Fiber to City Hall, PD and Corp Yard Sewer 250,000 Stormdrain installation Thyme Square
Water 100,000 750,000 395,873 Water Enterprise CIP Projects Park Water - Infrastructure 243,760 Irrigation, Plumbing Total Water, Sewer and Broadband 1,901,633
Source: Extract from "Attachment 2 - ARPA Funding Matrix 01.12.2022.pdf" Rob Koslowsky, Cloverdale resident
Author of The Tubbs Fire.
Also author of The Upstart Startup & Breach of Trust.
Author's page
Exhibit F
From: Jade Weymouth <>
Sent: Monday, January 10, 2022 11:35 AM
To: David Kelley
Subject: Re: La Familia Sana & On the Margins
Attachments:
Sorry for the delay on this
La Familia Sana and On The Margins have partnered to provide free bilingual and bi-culture mental health services to the Cloverdale Area. We currently serve 59 residents for 47 weeks, 7 of which are youth and 8 currently waitlisted. Additional funding of $75,000 would 1. Remove waitlisted individuals to service. 2. Increase number of individuals served from 59 to 74. 3.
Increase minor case load from 7 to 14 served.
$75,000 extends our program by approximately 5 months past our original contract end date of July 2022.
Outcomes proposed are positively impacting the mental health and well-being of the LatinX and Spanish speaking community. Increased opportunities for Cloverdale youth and low- income community members that don't have financial access to mental health services.
Ultimately, benefiting the social determinants of health that focus on mental health as a positive indicator of health and community success.
Thank you let me know if you need more information.
Thanks,
Jade
Sent from my iPhone
On Dec 16, 2021, at 6:02 PM, David Kelley <[email protected]> wrote:
Hi Jade,
Thank you for your follow up message. If you would like to request funding assistance from the City, I recommend you provide a letter addressed to the City Council outlining the request for funding. The written request should identify the following (Note: a brief narrative is fine):
• Describe services provided to the City/Community
• Purpose of funding
• Amount and timing of funding requested
• Proposed outcomes from the funding assistance
The attached e-mail you sent on October 15th represents a good start to the above listed request.
Please let me know if you would like to discuss further. We are bringing discussion of the American Rescue Plan Funds to the City Council on January 12". If you can provide a copy of your letter requesting funding assistance by no later than January 2nd, it will enable staff to include in the agenda packet for the City Council's consideration.
1 Thanks,
David
David J. Kelley | City Manager
City of Cloverdale
124 N. Cloverdale Blvd.
Cloverdale, CA 95425
Office: (707) 894-1710
www.cloverdale.net
CLOVERDALE
From: Jade Weymouth <
Sent: Wednesday, December 15, 2021 11:55 AM
To: David Kelley <[email protected]>
Subject: Re: La Familia Sana & On the Margins
Hi David -
Circling ALL the way back to this. Marta mentioned that I would need to submit a budget for potential ARPA funds to help us fund this program. I wanted to check in with you about process since I know the County is wrapping up on the focus of funding.
Thanks!
On Wed, Oct 20, 2021 at 7:32 PM Jade Weymouth < wrote:
Hi David
Monday is now all booked up, do you have another day available? I have childcare on Thursday morning, 9:30-11:30 so I can do it in person.
Anything in there?
On Wed, Oct 20, 2021 at 6:15 PM David Kelley < [email protected]> wrote:
Hi Jade,
How does Monday (10/25) at 11:00 am work for your schedule? If this time works, would you prefer to meet in person or via zoom. Either works for me.
Thanks,
David
David J. Kelley | City Manager
City of Cloverdale
124 N. Cloverdale Blvd.
Cloverdale, CA 95425
Office: (707) 894-1710
www.cloverdale.net
CLOVERDALE
From: Jade Weymouth <>
Sent: Wednesday, October 20, 2021 9:19 AM
To: David Kelley <[email protected]>
Subject: Re: La Familia Sana & On the Margins
Hi David
Circling back around to this. Do you have an availability tomorrow or Monday? Thanks!
On Fri, Oct 15, 2021 at 8:26 PM Jade Weymouth < wrote:
Thanks David
My schedule is open on Thursday, Oct 21st 10-12 and Monday, Oct 25th from 11-1.
Anything in there work on your end?
On Friday, October 15, 2021, David Kelley <[email protected]> wrote:
Hi Jade,
Thank you for your email correspondence and update on La Familia Sana. Thank you for providing much needed services in Cloverdale.
I will refer your funding request to the City's Finance Administration and Police Subcommittee. The next meeting is on the first Monday in November (11/1). Prior to the Subcommittee meeting, lets conference either by phone, zoom or in person to discuss your request in more detail. Let me know if there are some dates and times that work for your schedule to meet prior to the Subcommittee meeting
Thanks,
David
David Kelley | City Manager
City of Cloverdale
124 N. Cloverdale Blvd.
Cloverdale, CA 95425
(707) 894-1710 | [email protected]
www.cloverdale.net
3 From: Jade Weymouth <>
Sent: Friday, October 15, 2021 4:03 PM
To: David Kelley
Subject: La Familia Sana & On the Margins
Dear City Manger Kelley-
I wanted to take some time to update you on La Familia Sana and our grant award to provide free mental health services to our farmworker community impacted by fires, COVID and the daily trauma of poverty to Cloverdale residents.
We officially opened our phone lines to serve our community on October 13th. This phone line provides immediate services from 9-6pm daily and allows community members to make 1:1 or family therapy appointments with our partners at On the Margins.
Within 2 days we have made direct contact with 10-12 individuals all in need of services, ranging from immigration trauma, fantasy's of suicide and psychological evaluations (just to name a few)
I think it's clear that Cloverdale is in desperate need of culturally cognizant and bilingual therapy services. In turn, we are bumping up against a few challenges.
1. Our grant covers 16 hours a week of services. It's clear we will need a full time counselor. We need financial support to increase the hours of direct service with On the Margins. 2. We don't have a safe or confidential space to provide services. We are piecemealing the library, the church and family housing spaces. We appreciate the support and these spaces don't truly allow our clients to feel even safe enough to cry in privacy. We need an office space to provide client intake and services. 3. We will need to increase funding for services. For example, the psychological evaluation from today was a $2000 bill and they will require hours of direct mental health support. We are proud that we can provide this service at no cost for this individual and we know that we will need to increase our funding to meet the needs of the community.
I'd love to chat more about this program and if there's room in the City's budget to support this important service for Cloverdale residents. 4 Thank you,
Jade
Jade Weymouth, MA OD (she, her, hers, ella)
Executive Director, La Familia Sana
M: W: lafamiliasana.org
A: P.O. Box 158 Cloverdale, CA 95425
501c3: 86-1711899
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Exhibit G
From: Jill Garibaldi
To: City Council Members
Cc: David Kelley; Kevin Thompson
Subject: FW: Council Report 12/9/2021-1/12/2022
Date: Wednesday, January 12, 2022 4:30:00 PM
For your information.
From: Melanie Bagby <[email protected]>
Sent: Wednesday, January 12, 2022 2:12 PM
To: Jill Garibaldi <[email protected]>
Subject: Council Report 12/9/2021-1/12/2022
12/13 - SCTA/RCA Executive Committee and Board Meeting SCTA January Newsletter | Sonoma County Vision Zero Dashboard
12/14 - Attended retirement event for GM Mansourian at SMART HQ in Petaluma 12/15 - Attended SMART Board Meeting Read SMART December 2021 General Managers Report 12/21 - Chaired Planning & Sustainability Subcommittee Meeting 12/23 - Toured Cloverdale Holiday Lights and helped judge Cloverdale Chamber of Commerce light contest
12/30 - SCP executive board meeting
1/6 - Chaired SCP board meeting Read SCP 2021 Annual Report Melanie Bagby
Councilmember, City of Cloverdale
707-893-7170 • [email protected]
www.facebook.com/cccmbagby/