Cloverdale City Council
January 26, 2022

124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
Members of the City Council may parcipate in the meeng via Zoom consistent with the provisions of Assembly Bill 361, which amended the Brown Act.

CLOSED SESSION: 5:00 p.m.

THIS PORTION OF THE MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ZOOM LINK IS AVAILABLE BELOW.

PUBLIC BUSINESS SESSION: 6:00 p.m.

IMPORTANT: THIS MEETING WILL BE OPEN TO THE PUBLIC, ATTENDEES WILL BE REQUIRED TO WEAR MASKS. ZOOM LINK IS AVAILABLE BELOW.

To Participate in the meeting please use the link: https://us02web.zoom.us/j/88648416804? pwd=QjFHTkt1TGIwMVN4V1lQR0FLRmw1UT09
Meeting ID: 886 481 6804
Passcode: 551890
Telephone Dial by your location 1-(669) 900-6833 and entering the meeting ID.

Public Business Session Participation is welcome in-person at the Cloverdale Performing Arts Center, 209 N. Cloverdale Blvd., or through the use of Zoom at link above.

Viewing of meeting - Public Session: Regular City Council meetings are streamed via live webcast on YouTube at: http://bit.ly/2R@Odm4 on day and time of meetings.

The Cloverdale City Council welcomes you to its mee4ngs that are typically scheduled for the 2nd and 4th Wednesday of the month. Your interest and par4cipa4on are encouraged and appreciated.

Please silence all pagers, cellular telephones and other communica4ons devices upon entering the meeting.

PUBLIC COMMENT: ADDRESSING THE CITY COUNCIL
Public Comments may be made through the use of 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.

AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, JANUARY 26, 2022

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 CLOSED SESSION
OPENING: CLOSED SESSION - 5:00 p.m.

Call to Order
Roll Call: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Agenda Review - Closed Session (Changes and/or Deletions PUBLIC COMMENTS ON CLOSED SESSION AGENDA: Prior to recessing into Closed Session, the public may speak on items to be addressed in Closed Session.

RECESS TO CLOSED SESSION:

CLOSED SESSION ITEM -
CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8 Property: APN: 116-260-032
Property Owner: Ronald D. Siegemund Trust
Negotiating Parties:

For City: City Attorney Sanchez, City Manager Kelley and Assistant City Manager Thompson For Owner: Ron Siegemund
Under negotiation: Price and Terms
If you would like to provide public comment, we encourage you to submit them via email to the City Clerk at: [email protected]. Members of the public may also par4cipate in the mee4ng either in-person or by using Zoom.

A. OPENING PUBLIC SESSION – 6:00 p.m.

Please click the link below to join the webinar: https://us02web.zoom.us/j/88648416804? pwd=QjFHTkt1TGIwMVN4V1lQR0FLRmw1UT09
Call to Order
Pledge of Allegiance
Roll Call:

Mayor Lands
Vice Mayor Wolter
Councilmember Bagby
Councilmember Cruz
Councilmember Palla
Conflict of Interest Declaration
Agenda Review – Regular Session (Changes and/or Deletions) 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 4me. Members of the public have the right to speak on any item on the Council Agenda at the 4me 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. Per City Council Policy, three minutes are typically allotted to each speaker.

C. PROCLAMATIONS/PRESENTATIONS: (10 Minutes)
2 C.1 Student Liaison Report.

Recommended Action(s):

Receive a report from Guadalupe Nunez, Student Liaison.

D. CONSENT CALENDAR: All items under Consent Calendar will be considered together by one ac4on 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 the January 12, 2022 City Council Meeting.

Recommended Action(s):

By motion, approve the minutes of the January 12, 2022 City Council Meeting.

D.2 Discussion and Adoption of the City Council 2022 Subcommittee, Joint Committee and Regional Board/Committee Appointments.

Recommended Action(s):

Adopt a Resolu4on Titled, "A Resolu4on of the City Council of the City of Cloverdale Adop4ng the 2022 Roster of SubcommiFee, Joint CommiFee and Regional Board/CommiFee Appointments and the 2022 Subcommittee Meeting Schedule."
D.3 Resolution Approving the City of Cloverdale's Salary Schedule effective December 13, 2021.

Recommended Action(s):

Adopt Resolu4on 4tled, "A Resolu4on of the City Council of the City of Cloverdale adop4ng the City of Cloverdale's current salary schedule effective December 13, 2021." D.4 Adoption 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.

Recommended Action(s):

Hold second reading by 4tle only to adopt an Ordinance 4tled: "An Ordinance of the City of Cloverdale Amending Cloverdale Municipal Code (CMC) Chapters 18.05 (Commercial Zoning Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter 01-12-2022 Draft Minutes Regular City Council Meeting.pdf Agenda Report 2022 Regional Boards Committees and Subcommittee Assignments_.01.26.2022.pdf
Attachment 1 Resolution Adopting the 2022 - Subcommittee, Joint Committee and Regional Board Appointments.pdf
Attachment 2 - Resolution Exhibit A - 2022 Subcommittee Appointments List.pdf Attachment 3 - Resolution Exhibit B - 2022 Regional Board Committee Appointments.pdf Attachment 4 - Resolution Exhibit C- 2022 Updated Meeting Schedule - Council Commission Subcommittee and Joint Committee.pdf
Agenda Report - Salary Schedule.pdf
Attachment 1 Resolution - Salary Schedule.pdf
Attachment 2 Salary Schedule effective December 13, 2021.pdf 3 18.10 (Design Standards) and Chapter 18.11 (Parking and Loading Requirements)." D.5 Appointing the Engineer of Work for the Cloverdale Landscaping and Lighting Assessment District for Fiscal Year 2022-23.

Recommended Action(s):

Adopt a resolu4on 4tled, “A Resolu4on of the City Council of the City of Cloverdale appoin4ng Coastland Civil Engineering as the Engineer of Work for the City Of Cloverdale Landscaping and Ligh4ng Assessment District and Direc4ng the prepara4on and filing of the Engineer’s Report for Fiscal Year 2022-23 (Pursuant To The Landscaping And Ligh4ng Act Of 1972).”
D.6 Approve an agreement with Westgate Petroleum to provide and deliver gas and diesel for City vehicles, equipment and generators.

Recommended Action(s):

Approve a resolu4on 4tled, "A resolu4on of the City Council of the City of Cloverdale approving a professional services agreement with Westgate Petroleum Company to provide fuel for all City of Cloverdale vehicles and equipment in an amount not to exceed fiPy-two thousand dollars ($52,000) and authorize the City Manager to execute said agreement".

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.

F. PUBLIC HEARING: Public Hearing items will begin at the 4me shown, or as close thereaPer as possible, to allow for completion of the item.

G. NEW BUSINESS:

G.1 American Rescue Plan Act (ARPA) Spending Plan.

Recommended Action(s):

Consider Adop4on of a Resolu4on en4tled, “A Resolu4on of the City Council of the City of Cloverdale Amending the Fiscal Year 2021-22 Budget Establishing Fund 260-Coronavirus State and Local Fiscal Recovery Fund (CSLRF), Incorpora4ng One Million Thirty-Five Thousand and 00/100 dollars to the CSLRF fund (Fund #260-00-000-36620-000) and Agenda Report - Downtown zoning update 2nd reading.pdf
Attachment 1 Ordinance - Downtown Zoning Districts Update.pdf Exhibit A to Ordinance - clean amended pages only 1.18.22.pdf Attachment 2 to SR - ZoningOrdinance_redline edits 1.18.22.pdf Agenda Report - Appointing Engineer of Work for LLAD FY 2022-23.pdf Attachment 1 - Resolution Appointing L&L District Engineer of Work.pdf Attachment 2 Cloverdale LLAD 2022-23 Proposal.pdf
CC Agenda Staff Report - Westgate.pdf
Attachment 1 - 2022 - Resolution-Westgate contract.pdf
Attachment 2 Westgate Petroleum - Professional Service Agreement.pdf 4 appropriating the CSLRF funds based on the American Rescue Plan Act Funding Matrix".

G.2 Consider amending previous decision to purchase a prefabricated Portland Loo restroom to traditional restroom for the Cloverdale City Plaza.

Recommended Action(s):

Discuss poten4al restroom types for City Plaza, and direct staff to return with budget amendment to begin the process of purchase and installation.

G.3 Review and Consider Options Regarding the Sale, Possession, and Use of Fireworks and Public Display of Fireworks in the City of Cloverdale, Including the Placement of a Ballot Measure on an Upcoming Election.

Recommended Action(s):

Staff recommends that the City Council receive an overview of op4ons regarding the sale, possession, and use of fireworks and public fireworks display in the City of Cloverdale, including the placement of a ballot measure on an upcoming elec4on, and provide direction to staff.

H. SUBCOMMITTEE ITEMS:

Finance, Administration & Police
Next Meeting - February 7, 2022
Planning & Sustainability
Next Meeting - February 15, 2022
Public Works & Facilities
Next Meeting - February 22, 2022
Joint City/Cloverdale Fire District
Next Meeting - February 14, 2022
Joint City/Cloverdale Unified School District
Next Meeting - February 7, 2022
Homelessness Community Advisory Group
Next Meeting - February 10, 2022
Agenda Report - American Rescue Plan ARPA_01.26.2022.pdf Attachment 1 Resolution - ARPA Budget Amendment.pdf
Attachment 2 - Exhibit A ARPA 01.26.2022v3.pdf
Attachment 3- SLFRF-Final-Rule-Overview.pdf
CC Agenda Report Restroom 1_26_22.pdf
Attachment 1 CITY HALL.PLAZA.pdf
Attachment 2 Cloverdale Sales Quote COMP.pdf
Attachment 3 Email RE_ Price Estimate for PS-021 - City of Cloverdale, CA.pdf Attachment 4a PS-022-.pdf
Attachment 4b.pdf
Attachment 4c.pdf
CC Agenda Staff Report - Options regarding the sale of safe and sane Fireworks_01.26.2022.pdf
Attachment 1 Memo re Fireworks Ballot Measure.pdf
5 I. SUBCOMMITTEE REPORTS: (Verbal reports only)
J. COUNCIL REPORTS: (Verbal reports only)
K. INFORMATIONAL REPORTS:

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:

M. CITY MANAGER/CITY ATTORNEY REPORT(S):

N. STATUS UPDATE ON CURRENT IMPACTS TO WATER SUPPLY: (Verbal report) O. STATUS UPDATE ON CURRENT EMERGENCY: Discussion and possible direction related to COVID-19.

P. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

Q. ADJOURNMENT: The next regular mee4ng of the City Council and Cloverdale Community Development Successor Agency is scheduled for February 9, 2022. Public Business Session begins at 6:00 p.m. (at the Cloverdale Performing Arts Center 209 N. Cloverdale Blvd., Cloverdale, CA 95425, and by teleconference).

CERTIFICATE OF POSTING
I, Jill Garibaldi, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted on 1) the outdoor bulletin board at City Hall, 124 N. Cloverdale Blvd., Cloverdale, CA 95425, and 2) Cloverdale Performing Arts Center,209 N. Cloverdale Blvd., Cloverdale, CA 95425; and made available for public review prior to or at 5:00 p.m., on or before the 20th day of January 2022.

Date posted: Time posted: At or before 5:00 PM
Signature City Clerk:

IMPORTANT NOTICE REGARDING THIS CITY COUNCIL MEETING BELOW Public AIendees - When asked to do so by the mayor, those wishing to address the City Council are asked to step up to the podium, speak directly into the microphone so everyone in the audience can hear and for your comments to be recorded into the official record. State your name and City of Residence for the record.

Zoom Attendees will be muted un4l they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone.

Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom no4fica4on that you have been unmuted. Once you begin your public comment, your three (3) minutes will begin. Instructions for using Zoom available at: https://bit.ly/2A8Mx4M.

If you would prefer to submit public comment in wri4ng, please email your comments to [email protected]. If you are commen4ng on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council in writing and included as a part of the record of the meeting.

OTHER IMPORTANT NOTICES REGARDING THE CITY COUNCIL MEETING 6 DISABLED OR SPECIAL NEEDS ACCOMMODATION: In compliance with the Americans with Disabili4es Act, if you need assistance to aFend or par4cipa4on in a City Council mee4ng, please contact the City Clerk's office at 894-2521.

No4fica4on at least 72 hours prior to the mee4ng will assist the City Clerk in assuring those reasonable accommodations are made to provide accessibility to the meeting.

AB343 REQUIREMENTS: Any wri4ngs or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspec4on in the City Hall offices located at 124 N. Cloverdale Blvd., Cloverdale, CA 95425 during normal business hours.

WAIVER WARNING: If you challenge decisions/direc4ons of the City Council in court, you may be limited to raising only those issues you or someone else raised at public hearings described in this agenda, or in wriFen correspondence delivered to the City of Cloverdale, or prior to, the public hearing.

TRANSCRIPTIONS: The City does not transcribe its proceedings. Anyone who desires a verbal record of this mee4ng should arrange for an aFendant by a court reporter or for other acceptable means of recording. Such arrangement will be at the sole expense of the individual reques4ng the recorda4on. Ques4on about this agenda should be directed to City Hall at 707-894-2521.

The City of Cloverdale thanks you in advance for taking all precautions to prevent spreading COVID-19. 7

124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
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
Agenda Item D.1
8

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.
9

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, 0-Noes.

AYES: (5) Vice Mayor Wolter, Councilmembers Palla, Bagby, Cruz, Mayor Lands NOES: (0)
ABSENT: (0)
ABSTAINED: (0)
10

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 11

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 12

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 1st 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, 0-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. 13

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 4:40 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 – Mayor Lands and Vice Mayor 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. 14

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 nonprofit.

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
I. 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. 15

K. INFORMATIONAL REPORTS:

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:

M. CITY MANAGER/CITY ATTORNEY REPORT(S):

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:

TODD LANDS, MAYOR JILL GARIBALDI, CITY CLERK
16 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 A
17 Enclosure: Temporary Construction Easement; IRS W-9 form (Rev 05/15)
Jeff Kohn
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 W9 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: ________________________
Exhibit B
18 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 (“PG&E”), a temporary construction easement (“TCE”), to be used in connection with PG&E’s T-1471 Gas Transmission Pipeline Hydrotest project (“PG&E’s Project”), within Property 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 Assessor’s Parcel Number 001-440-051 and 001-440-053 (the “Property”).

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 area(s) 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) month(s) 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 TCE 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 Term.

3. Exclusive 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 Exhibit C
19 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.
20 Temporary Construction Easement (Rev. 03/19)

12. Execution in Counterparts. This TCE may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.

PROPERTY OWNER:

By:

Name: ________________________
Its: ________________________
Date: ________________________
21 Temporary Construction Easement (Rev. 03/19)
APNs 001-440-051 and 001-440-053
+/- 32,670 Square Feet (as shown in purple)
Temporary
Easement Area
22 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 D
23 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
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.

Exhibit E
24 Author's page
25 1
Jade Weymouth <>
Monday, January 10, 2022 11:35 AM
David Kelley
Re: La Familia Sana & On the Margins
From:

Sent:

To:

Subject:

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 lowincome 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 12th. If you can provide a copy of your letter requesting funding assistance by no later than January 2
nd
, it will enable staff to include in the agenda packet for the City Council’s consideration.

Exhibit F
26 2
Thanks,
David
David J. Kelley | City Manager
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Office: (707) 894-1710
www.cloverdale.net
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
27 3
www.cloverdale.net
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
28 4
From: Jade Weymouth <>
Sent: Friday, October 15, 2021 4:03 PM
To: David Kelley
Subject: La Familia Sana & On the Margins
Dear City Manger KelleyI 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. 29 5
Thank you,
Jade
Jade Weymouth, MA OD (she, her, hers, ella)
Executive Director, La Familia Sana
M: W: lafamiliasana.org
E:

A: P.O. Box 158 Cloverdale, CA 95425
501c3: 86-1711899
----
CONFIDENTIAL: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.

Please notify the sender immediately by email if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
-
30 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/RCPA 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/
Exhibit G
31 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D.2
January 26, 2022
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Jill Garibaldi, City Clerk
Agenda Item Title:

Discussion and Adoption of the City Council 2022 Subcommittee, Joint Committee and Regional Board/Committee Appointments
_______________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Titled, “A Resolution of the City Council of the City of Cloverdale Adopting the 2022 Roster of Subcommittee, Joint Committee and Regional Board/Committee Appointments and the 2022 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 8, 2021, City Council Meeting. The results of the preference forms prepared by individual Councilmembers were compiled by the City Manager. At the January 12, 2022, City Council meeting, the City Manager presented the Council’s preferences with draft recommendations for Subcommittee and Joint Committee appointments. 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 2022 Subcommittee, Joint Committee and Regional Board/Council appointments including updated meeting times and meeting dates for the 2022 calendar year.
32 City Council/Successor Agency Agenda Item Summary
Meeting Date: January 26, 2022
Item No. D.2

________________________________________________________________________________________ Alternative Options:

1. Modify Resolution; or

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

Not Applicable
________________________________________________________________________________________ Budget/Financial Impact:

None.
________________________________________________________________________________________ Attachments:

1. Resolution Approving the 2022 Subcommittee, Joint Committee and Regional Board/Council Appointments.

2. Exhibit A to Resolution – 2022 Subcommittee Appointments

3. Exhibit B to Resolution – 2022 City Council Regional Board/Committee Appointments

4. Exhibit C to Resolution – 2022 Subcommittee Meeting Schedule 33 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE 2022 ROSTER OF

SUBCOMMITTEE, JOINT COMMITTEE AND REGIONAL BOARD/COMMITTEE APPOINTMENTS AND THE 2022 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 12, 2022, the City Manager presented his recommendations for Subcommittee, Joint Committee and Regional Board/Committee appointments, and the City Council reviewed and modified the City Manager’s recommendation, and
WHEREAS, the City Council directed that a formal resolution approving the 2022 Roster of Subcommittee, Joint Committee, and Regional Board/Committee memberships and meeting days and times be returned for Council action.

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

1. Adopts the 2022 Roster of Subcommittee, Joint Committee, and Regional Board/Committee Appointments attached hereto as Exhibit A and Exhibit B;

2. Adopts the 2022 Subcommittee Meeting Schedules attached hereto as Exhibit C setting forth the subcommittee meeting days and times; and

3. Rescinds Resolution No. 061-2021.

Attachment 1
34 It is hereby certified that the foregoing Resolution No. _____, was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on the 26th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
Attachments:

1. Exhibit A - 2022 Subcommittee Appointments

2. Exhibit B - 2022 Regional Board/Committee Appointments

3. Exhibit C - 2022 Subcommittee Meeting Schedule
35 Exhibit A to Resolution No. xxx-2022

CLOVERDALE CITY COUNCIL
2022

SUBCOMMITTEE APPOINTMENTS
SUBCOMMITTEE: APPOINTMENTS
Finance & Administration & Police: * Wolter; Lands
Planning & Sustainability: * Bagby; Cruz
Public Works & Facilities: * Wolter; Palla
Joint City/Cloverdale Fire District: * Cruz; Bagby
Joint City/Cloverdale Unified School District: * Palla; Lands * Committee Chairperson
Attachment 2
36 Exhibit B to Resolution No. xxx-2022
2022 City Council Regional Board / Committee Appointments Regional Board / Committee 2022
Appointment Typical Meeting Schedule
Cloverdale Chamber of Commerce Liaison LANDS,
WOLTER (ALT) 1st Thurs @ 5:30 pm Monthly
Cloverdale Senior Center Liaison LANDS
WOLTER (ALT) 1st Wed @4:30 pm Monthly
Planning Commission Liaison WOLTER 1st Tues @ 6:30 pm; Monthly Cloverdale Rancheria Tribal Council Liaison CRUZ,
WOLTER (ALT) As needed
Homelessness Community Advisory Group LANDS,
PALLA
2ND Tuesday, Monthly (1:30
pm and 5:00pm rotating
monthly)
Cloverdale Regional Library Advisory Board LANDS,
CRUZ (ALT) 3rd Tues-Feb, May, Aug, Nov
League of CA Cities Board of Directors** BAGBY Quarterly League of CA Cities’ Redwood Empire Division
Legislative Committee**
BAGBY,
CRUZ (ALT) Quarterly
Northern Sonoma County Air Pollution Control
District
PALLA,

CRUZ (ALT)
First meeting: Wed., Feb. 3 @
6:00 pm, thereafter TBD
Redwood Empire Municipal Insurance Fund
(REMIF) / CIRA

HOLMES,
KELLEY (ALT) 2nd Thu; noon (bi-monthly)
Russian River Watershed Assn. (RRWA) CRUZ,
BAGBY (ALT) 4th Thu; 9:00 am
Sonoma Co. Dept. of Health Services, Health
Action Council

WOLTER,
LANDS (ALT) Quarterly
Sonoma Co. Mayors/Council Members Assn
Legislative Committee
BAGBY,
WOLTER (ALT) 1st Friday @ 9:30 am
Sonoma Co. Open Space District Advisory Board N/A 4th Thursday @ 5:00 pm Sonoma Co. Transportation Authority &
Regional Climate Protection Authority
BAGBY,
CRUZ (ALT) 2nd Monday; 2:30 pm
Zero Waste Sonoma County CRUZ,
PALLA (ALT) 3rd Wed, 9:00 am
Sonoma Marin Area Rail Transit (SMART)# BAGBY 3rd Wed, 1:30 pm Sonoma Clean Power BAGBY,
CRUZ (ALT) 1st Thurs; 12:00 pm
* 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 Attachment 3
37 2022 Council, Planning Commission, Subcommittee and Joint Committee Membership and Meeting Schedule
City Council Meetings: 2nd and 4th Wednesday of Every Month – Closed Session at 5 pm/Regular 6 pm Bagby, Melanie
Cruz, Marta
Lands, Todd
Palla, Joe
Wolter, Gus
January 12 and 26
February 9 and 23
March 9 and 23
April 13 and 27
May 11 and 25
June 8 and 22
July 13 and 27
August 10 and 24
September 14 and 28
October 12 and 26
November 9 and 23 (possible cancellation)
December 14 and 28 (possible cancellation)
Planning Commission Meetings: 1st Tuesday of Every Month 6:30 pm Shanahan
Asay
Sanders
Wagy
Hoevertsz
Alt: Springler
Alt: Vacant
January 4
February 1
March 1
April 5
May 3
June 7
July 5 (Possible Cancellation)
August 2
September 6
October 4
November 1
December 6
Subcommittee Members Schedule - Meeting Day and Time
1st Monday at 1:30 p.m. – Monthly
Finance,
Administration &
Police
Wolter;
Lands
January 3rd
February 7th
March 7th
April 4th
May 2nd
June 6th
July 4th (observed holiday)
August 1st
September 5th (observed holiday)
October 3rd
November 7th
December 5th
3rd Tuesday at 1:30 p.m. - Bi-Monthly
Planning &
Sustainability
Bagby;
Cruz
February 15th
April 19th
June 21st
August 16th
October 18th
December 20th
4th Tuesday at 1:30 p.m. – Monthly
Public Works &
Facilities
Wolter;
Palla
January 25th
February 22nd
March 22nd
April 26th
May 24th
June 28th
July 26th
August 23rd
September 27th
October 25th
November 22nd
December 27th
2nd Monday at 5:30 p.m. – Every four Months
Joint City / Cloverdale
Fire District
Cruz;
Bagby
February 14th
June 13th
October 10th (Columbus Day Holiday,
Not Observed by City)
3rd Monday at 4:30 p.m. – Bi-Monthly, school year.

Joint City /
Cloverdale Unified
School District
Palla;
Lands
February 7th (Special Meeting)
March 21st
May 16th
July 18th
September 19th
November 21st
2nd Thursday – Bi-Monthly Dates and Time to be determined Sonoma County
Mayor’s &
Councilmembers Assoc
February 10th
April 14th
June 9th
August 11th
October 13th
38 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D.3
January 26, 2022
Agenda Section:

Consent
Staff Contact:

Shannon Peterson, Finance & HR Analyst
Agenda Item Title:

Resolution Approving the City of Cloverdale’s Salary Schedule effective December 13, 2021. ________________________________________________________________________________________ Recommended Council Action(s):

Adopt Resolution titled, “A Resolution of the City Council of the City of Cloverdale adopting the City of Cloverdale’s current salary schedule effective December 13, 2021.” ________________________________________________________________________________________ Background:

California Public Employees’ Retirement Law requires that employees’ pay rates and special compensation rates be published in a publicly available salary schedule in order to meet the definition of compensation earnable. Only those pay amounts that meet the definition of compensation earnable are used when calculating retirement benefits. The City of Cloverdale Salary Schedule with all pay rates and special compensation rates was last approved by the City Council on October 27, 2021 with an effective date October 18, 2021.

The salary schedule should be its own, standalone document that the governing body adopts in a publicly noticed meeting that complies with all open meeting laws. Section 570.5 of the California Code of Regulations Title 2 requires that the City Salary Schedule be published on the City’s internet site and be approved by the City Council each time a modification is made.
______________________________________________________________________________________ Summary:

The following modifications to employee pay and compensation rates have been made since adoption of the previous salary schedule by the City Council:

1. On December 8, 2021, the City Council approved Resolution 107-2021 approving establishing the Parks Superintendent position.

Adoption of one unified pay schedule for all current employee classifications including negotiated memorandum of understandings, compensation plans and employment contracts for unrepresented employees is recommended to ensure compliance with State law. A resolution and updated stand-alone salary schedule reflecting the City Council approved modifications to employee pay and compensation rates are attached.
________________________________________________________________________________________ Alternative Options:

1. Reject Resolution; or

2. Provide alternative Direction to Staff.
________________________________________________________________________________________ Subcommittee Recommendation:

None.
39 City Council/Successor Agency Agenda Item Summary
Meeting Date: January 26, 2022
Item No. D.3

________________________________________________________________________________________ Budget/Financial Impact:

There is no budget or fiscal impact associated with adoption of the salary schedule. ________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A to Resolution - Salary Schedule effective December 13, 2021 40 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. XXX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE CITY OF CLOVERDALE CURRENT SALARY SCHEDULE EFFECTIVE DECEMBER 13, 2021 WHEREAS, the California Public Employees' Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City of Cloverdale to publish the City's Current Salary Schedule on the City's internet site and the City Council to approve the Salary Schedule in its entirety each time a modification is made; and
WHEREAS, on October 27, 2021 the City Council approved revised salary ranges pursuant to Resolution No. 089-2021; and
WHEREAS, On December 8, 2021 the City Council approved Resolution 107-2021 approving establishing the Parks Superintendent position; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cloverdale that it does hereby approve the City of Cloverdale Salary Schedule effective December 13, 2021 attached hereto as Exhibit "A" and incorporated by this reference.

The foregoing Resolution No. XXX-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 26th day of January 2022, by the following roll call vote:

AYES: (_)
NOES: (_)
ABSTAIN: (_)
ABSENT: (_)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
Attachment:

Exhibit A - City of Cloverdale Salary Schedule effective December 13, 2021 Attachment 1
41 Added Parks Superintendent to Unaffiliated

CITY OF CLOVERDALE CURRENT SALARY SCHEDULE
AS OF DECEMBER 13, 2021
Attachment 2
42 Position Step Hourly Biweekly Monthly Annually
City Manager 1 $67.6335 $5,410.68 $11,723.14 $140,677.68 2 $71.0152 $5,681.21 $12,309.30 $147,711.56
3 $74.5659 $5,965.27 $12,924.76 $155,097.14
4 $78.2942 $6,263.54 $13,571.00 $162,852.00
5 $82.2089 $6,576.72 $14,249.55 $170,994.60
Position Step Hourly Biweekly Monthly Annually
Assistant City Manager/Community
Development Director 1 $57.3340 $4,586.72 $9,937.89 $119,254.71 2 $60.2007 $4,816.06 $10,434.79 $125,217.45
3 $63.2107 $5,056.86 $10,956.53 $131,478.32
4 $66.3713 $5,309.70 $11,504.35 $138,052.24
5 $69.6898 $5,575.19 $12,079.57 $144,954.85
Position Step Hourly Biweekly Monthly Annually
Chief of Police 1 $63.2107 $5,056.86 $10,956.53 $131,478.31 2 $66.3713 $5,309.70 $11,504.35 $138,052.22
3 $69.6898 $5,575.19 $12,079.57 $144,954.83
4 $73.1743 $5,853.95 $12,683.55 $152,202.58
5 $76.8330 $6,146.64 $13,317.73 $159,812.71
Position Step Hourly Biweekly Monthly Annually
City Clerk 1 $45.1453 $3,611.63 $7,825.19 $93,902.30
2 $47.4026 $3,792.21 $8,216.45 $98,597.42
3 $49.7727 $3,981.82 $8,627.27 $103,527.29
4 $52.2614 $4,180.91 $9,058.64 $108,703.65
5 $54.8744 $4,389.96 $9,511.57 $114,138.83
Position Step Hourly Biweekly Monthly Annually
Public Works Director/City Engineer 1 $59.3046 $4,744.37 $10,279.46 $123,353.54 2 $62.2698 $4,981.59 $10,793.43 $129,521.22
3 $65.3833 $5,230.66 $11,333.11 $135,997.28
4 $68.6525 $5,492.20 $11,899.76 $142,797.14
5 $72.0851 $5,766.81 $12,494.75 $149,937.00
Position Step Hourly Biweekly Monthly Annually
Finance Director 1 $54.4292 $4,354.34 $9,434.40 $113,212.80 2 $57.1507 $4,572.06 $9,906.12 $118,873.44
3 $60.0082 $4,800.66 $10,401.43 $124,817.11
4 $63.0086 $5,040.69 $10,921.50 $131,057.96
5 $66.1591 $5,292.73 $11,467.57 $137,610.86
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Management, At-Will Employees
43 Position Step Hourly Biweekly Monthly Annually
Officer 1 $35.3524 $2,828.19 $6,127.75 $73,533.02
2 $37.1200 $2,969.60 $6,434.14 $77,209.68
3 $38.9760 $3,118.08 $6,755.85 $81,070.16
4 $40.9248 $3,273.99 $7,093.64 $85,123.67
5 $42.9711 $3,437.69 $7,448.32 $89,379.85
Position Step Hourly Biweekly Monthly Annually
Sergeant 1 $42.7823 $3,422.58 $7,415.59 $88,987.13
2 $44.9214 $3,593.71 $7,786.37 $93,436.48
3 $47.1675 $3,773.40 $8,175.69 $98,108.31
4 $49.5258 $3,962.07 $8,584.48 $103,013.72
5 $52.0021 $4,160.17 $9,013.70 $108,164.41
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Cloverdale Police Officers Association (POA)
44 Position Step Hourly Biweekly Monthly Annually
Accountant/Analyst 1 $33.3174 $2,665.39 $5,775.01 $69,300.17 2 $34.9833 $2,798.66 $6,063.76 $72,765.18
3 $36.7324 $2,938.59 $6,366.95 $76,403.44
4 $38.5690 $3,085.52 $6,685.30 $80,223.61
5 $40.4975 $3,239.80 $7,019.57 $84,234.79
Position Step Hourly Biweekly Monthly Annually
Accounting Assistant I
Position Step Hourly Biweekly Monthly Annually
Accounting Assistant II 1 $24.8207 $1,985.66 $4,302.25 $51,627.04 2 $26.0617 $2,084.94 $4,517.37 $54,208.39
3 $27.3648 $2,189.18 $4,743.23 $56,918.81
4 $28.7331 $2,298.64 $4,980.40 $59,764.75
5 $30.1697 $2,413.58 $5,229.42 $62,752.98
Position Step Hourly Biweekly Monthly Annually
Accounting Technician 1 $27.3028 $2,184.22 $4,732.49 $56,789.84 2 $28.6679 $2,293.44 $4,969.11 $59,629.33
3 $30.1013 $2,408.11 $5,217.57 $62,610.80
4 $31.6064 $2,528.51 $5,478.44 $65,741.34
5 $33.1867 $2,654.94 $5,752.37 $69,028.40
Position Step Hourly Biweekly Monthly Annually
Assistant Planner 1 $30.2305 $2,418.44 $5,239.95 $62,879.45 2 $31.7420 $2,539.36 $5,501.95 $66,023.42
3 $33.3291 $2,666.33 $5,777.05 $69,324.59
4 $34.9956 $2,799.65 $6,065.90 $72,790.82
5 $36.7454 $2,939.63 $6,369.20 $76,430.36
Position Step Hourly Biweekly Monthly Annually
Associate Planner 1 $41.9128 $3,353.03 $7,264.89 $87,178.71 2 $44.0085 $3,520.68 $7,628.14 $91,537.65
3 $46.2089 $3,696.71 $8,009.54 $96,114.53
4 $48.5194 $3,881.55 $8,410.02 $100,920.25
5 $50.9453 $4,075.63 $8,830.52 $105,966.27
Position Step Hourly Biweekly Monthly Annually
Code Enforcement Officer 1 $31.2934 $2,503.47 $5,424.19 $65,090.25 2 $32.8581 $2,628.64 $5,695.40 $68,344.76
3 $34.5010 $2,760.08 $5,980.17 $71,762.00
4 $36.2260 $2,898.08 $6,279.17 $75,350.10
5 $38.0373 $3,042.98 $6,593.13 $79,117.60
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Cloverdale Classified Service Employees Association
Range Not Currently Established
45 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Community Services Officer 1 $26.7006 $2,136.05 $4,628.10 $55,537.21 2 $28.0356 $2,242.85 $4,859.51 $58,314.07
3 $29.4374 $2,354.99 $5,102.48 $61,229.77
4 $30.9093 $2,472.74 $5,357.60 $64,291.26
5 $32.4547 $2,596.38 $5,625.49 $67,505.82
Position Step Hourly Biweekly Monthly Annually
Engineering Technician 1 $29.0410 $2,323.28 $5,033.78 $60,405.30 2 $30.4931 $2,439.44 $5,285.46 $63,425.57
3 $32.0177 $2,561.42 $5,549.74 $66,596.84
4 $33.6186 $2,689.49 $5,827.22 $69,926.69
5 $35.2995 $2,823.96 $6,118.58 $73,423.02
Position Step Hourly Biweekly Monthly Annually
Office Specialist 1 $19.0426 $1,523.41 $3,300.73 $39,608.71 2 $19.9948 $1,599.58 $3,465.76 $41,589.14
3 $20.9945 $1,679.56 $3,639.05 $43,668.60
4 $22.0442 $1,763.54 $3,821.00 $45,852.03
5 $23.1465 $1,851.72 $4,012.05 $48,144.63
Position Step Hourly Biweekly Monthly Annually
Park & Landscape Maintenance Assistant 1 $30.1504 $2,412.03 $5,226.07 $62,712.78 2 $31.6579 $2,532.63 $5,487.37 $65,848.42
3 $33.2408 $2,659.26 $5,761.74 $69,140.84
4 $34.9028 $2,792.23 $6,049.82 $72,597.88
5 $36.6480 $2,931.84 $6,352.31 $76,227.78
Position Step Hourly Biweekly Monthly Annually
Parks & Maintenance Lead Worker 1 $34.7663 $2,781.30 $6,026.16 $72,313.91 2 $36.5046 $2,920.37 $6,327.47 $75,929.61
3 $38.3299 $3,066.39 $6,643.84 $79,726.09
4 $40.2463 $3,219.71 $6,976.03 $83,712.39
5 $42.2587 $3,380.69 $7,324.83 $87,898.01
Position Step Hourly Biweekly Monthly Annually
Planning Technician 1 $29.0410 $2,323.28 $5,033.76 $60,405.18 2 $30.4930 $2,439.44 $5,285.45 $63,425.44
3 $32.0176 $2,561.41 $5,549.73 $66,596.71
4 $33.6185 $2,689.48 $5,827.21 $69,926.54
5 $35.2995 $2,823.96 $6,118.57 $73,422.87
46 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Senior Engineering Technician 1 $33.3972 $2,671.77 $5,788.84 $69,466.10 2 $35.0670 $2,805.36 $6,078.28 $72,939.40
3 $36.8204 $2,945.63 $6,382.20 $76,586.37
4 $38.6614 $3,092.91 $6,701.31 $80,415.69
5 $40.5945 $3,247.56 $7,036.37 $84,436.47
Position Step Hourly Biweekly Monthly Annually
Senior Wastewater Treatment Plant Operator 1 $40.4943 $3,239.55 $7,019.02 $84,228.19 2 $42.5190 $3,401.52 $7,369.97 $88,439.60
3 $44.6450 $3,571.60 $7,738.46 $92,861.58
4 $46.8772 $3,750.18 $8,125.39 $97,504.65
5 $49.2211 $3,937.69 $8,531.66 $102,379.89
Position Step Hourly Biweekly Monthly Annually
Senior Water Treatment Plant Operator 1 $42.8129 $3,425.03 $7,420.91 $89,050.89 2 $44.9536 $3,596.29 $7,791.95 $93,503.44
3 $47.2013 $3,776.10 $8,181.55 $98,178.61
4 $49.5613 $3,964.91 $8,590.63 $103,087.54
5 $52.0394 $4,163.15 $9,020.16 $108,241.92
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Crew Leader 1 $33.1107 $2,648.86 $5,739.19 $68,870.28 2 $34.7662 $2,781.30 $6,026.15 $72,313.80
3 $36.5046 $2,920.36 $6,327.46 $75,929.49
4 $38.3298 $3,066.38 $6,643.83 $79,725.96
5 $40.2463 $3,219.70 $6,976.02 $83,712.26
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Worker I (Public Works) 1 $24.8128 $1,985.02 $4,300.88 $51,610.55 2 $26.0534 $2,084.27 $4,515.92 $54,191.08
3 $27.3561 $2,188.49 $4,741.72 $56,900.64
4 $28.7239 $2,297.91 $4,978.81 $59,745.67
5 $30.1601 $2,412.81 $5,227.75 $62,732.95
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Worker II (Public Works) 1 $30.1504 $2,412.03 $5,226.07 $62,712.78 2 $31.6579 $2,532.63 $5,487.37 $65,848.42
3 $33.2408 $2,659.26 $5,761.74 $69,140.84
4 $34.9028 $2,792.23 $6,049.82 $72,597.88
5 $36.6480 $2,931.84 $6,352.31 $76,227.78
47 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator-In-Training
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator I 1 $29.1321 $2,330.57 $5,049.57 $60,594.84 2 $30.5887 $2,447.10 $5,302.05 $63,624.59
3 $32.1182 $2,569.45 $5,567.15 $66,805.81
4 $33.7241 $2,697.93 $5,845.51 $70,146.11
5 $35.4103 $2,832.82 $6,137.78 $73,653.41
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator II
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator-In-Training 1 $28.6212 $2,289.70 $4,961.01 $59,532.12 2 $30.0523 $2,404.18 $5,209.06 $62,508.73
3 $31.5549 $2,524.39 $5,469.51 $65,634.17
4 $33.1326 $2,650.61 $5,742.99 $68,915.87
5 $34.7893 $2,783.14 $6,030.14 $72,361.67
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator I
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator II 1 $38.1987 $3,055.90 $6,621.11 $79,453.33 2 $40.1087 $3,208.69 $6,952.17 $83,425.99
3 $42.1141 $3,369.13 $7,299.77 $87,597.29
4 $44.2198 $3,537.58 $7,664.76 $91,977.16
5 $46.4308 $3,714.46 $8,048.00 $96,576.01
Range Not Currently Established
Range Not Currently Established
Range Not Currently Established
48 Position Step Hourly Biweekly Monthly Annually
Dispatcher 1 $27.6417 $2,211.34 $4,791.24 $57,494.83
2 $29.0238 $2,321.91 $5,030.80 $60,369.57
3 $30.4750 $2,438.00 $5,282.34 $63,388.05
4 $31.9988 $2,559.90 $5,546.45 $66,557.45
5 $33.5987 $2,687.90 $5,823.78 $69,885.32
Position Step Hourly Biweekly Monthly Annually
Dispatch Supervisor 1 $31.7505 $2,540.04 $5,503.42 $66,041.04 2 $33.3380 $2,667.04 $5,778.59 $69,343.09
3 $35.0049 $2,800.39 $6,067.52 $72,810.25
4 $36.7552 $2,940.41 $6,370.90 $76,450.76
5 $38.5929 $3,087.43 $6,689.44 $80,273.30
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Cloverdale Dispatchers' Association
49 Position Step Hourly Biweekly Monthly Annually
Finance & HR Analyst 1 $40.4965 $3,239.72 $7,019.40 $84,232.75 2 $42.5213 $3,401.71 $7,370.37 $88,444.39
3 $44.6474 $3,571.79 $7,738.88 $92,866.61
4 $46.8798 $3,750.38 $8,125.83 $97,509.94
5 $49.2238 $3,937.90 $8,532.12 $102,385.44
Position Step Hourly Biweekly Monthly Annually
Parks Superintendent 1 $40.2563 $3,220.50 $6,977.75 $83,733.01 2 $42.2691 $3,381.53 $7,326.64 $87,919.66
3 $44.3825 $3,550.60 $7,692.97 $92,315.65
4 $46.6016 $3,728.13 $8,077.62 $96,931.43
5 $48.9317 $3,914.54 $8,481.50 $101,778.00
Position Step Hourly Biweekly Monthly Annually
Police Lieutenant 1 $51.7043 $4,136.34 $8,962.08 $107,544.93 2 $54.2895 $4,343.16 $9,410.18 $112,922.18
3 $57.0040 $4,560.32 $9,880.69 $118,568.29
4 $59.8542 $4,788.33 $10,374.73 $124,496.70
5 $62.8469 $5,027.75 $10,893.46 $130,721.54
Position Step Hourly Biweekly Monthly Annually
Police Records Technician 1 $33.4420 $2,675.36 $5,796.61 $69,559.37 2 $35.1141 $2,809.13 $6,086.44 $73,037.34
3 $36.8698 $2,949.58 $6,390.77 $76,689.20
4 $38.7133 $3,097.06 $6,710.31 $80,523.66
5 $40.6490 $3,251.92 $7,045.82 $84,549.85
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Unaffiliated Employees
50 By Employment Contract
Longevity 5%
Acting Pay 10%
Cloverdale Police Officers' Association (POA)
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Canine Officer 5%
Education 1% - 6%
EMT $50/month
Field Training Officer 5%
Investigative Pay 5%
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Certificate $150/month
POST Intermediate Certificate $100/month
Uniform Allowance $1500/year
Cloverdale Dispatchers' Association
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Communications Training Officer 5%
Education 1% - 6%
EMT $50/month
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Certificate $150/month
POST Intermediate Certificate $100/month
Uniform Allowance $1025/year
Cloverdale Classified Service Employees Association
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Certification Pay See Attachment A
Class B Drivers License 2%
Education - Academic Degrees ** 2% - 6%
Education - Academic Degrees *** 2%
Longevity 2% - 8%
Out of Class Pay 5%
Uniform Allowance (Community Services Officer) $1375/year Amount/Percentage
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Pensionable Incentive Pays by Unit
Amount/Percentage
Amount/Percentage
Amount/Percentage
* New or Updated Incentive Pay
**Employees hired on or before June 30,2017
**Employees hired after June 30,2017
51 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF DECEMBER 13, 2021 Pensionable Incentive Pays by Unit
Unaffiliated
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Education - Academic Degrees ** 2% - 6%
Education - Academic Degrees *** 2%
Education - Certificates $75 or $150/month
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Dispatch Certificate $150/month
POST Dispatch Supervisor Certificate $150/month
POST Intermediate Dispatch Certificate $100/month
POST Management Certificate * $250/month
POST Records Supervisor Certificate $150/month
Uniform Allowance (Police Lieutenant) * $1500/year
Uniform Allowance (Police Technical Services Manager) $1025/year Water Distributions License Grade II $50/mth
Amount/Percentage
* New or Updated Incentive Pay
**Employees hired on or before June 30,2017
**Employees hired after June 30,2017
52 Exhibit A - Cloverdale Classified Employee Association Monthly Pay Incentives for Certificate Series as of October 18, 2021 CERTIFICATIONS:

WATER OPERATIONS
Grade I Water Distribution Certificate MQ MQ MQ $25 $25 $25 $25 Grade II Water Distribution Certificate $50 MQ $50 MQr MQr $50 $50 $50 Grade I Water Treatment Plant Operator Certificate $25 MQ $25 $25 $25 Grade II Water Treatment Plant Operator Certificate $50 $50 $50 MQr $50 $50 $50 Grade III Water Treatment Plant Operator Certificate $75 MQ

WASTEWATER
Grade I Wastewater Treatment Plant Operator
Certification $25 $25 $25 $25 $25 MQ $25
Grade II Wastewater Treatment Plant Operator
Certification $50 $50 $50 $50 $50 $50 MQ MQ
Wastewater Collection Systems Maintenance1

PARKS, LANDSCAPE & MAINTENANCE
Qualified Applicators Certificate for pesticides MQ MQr Grade 1 Water Distribution Certificate MQ MQr
Grade 2 Water Distribution Certificate $50
Playground equipment safety inspection Certification MQ MQr Arborist License $100 $100 $100

BILINGUAL INCENTIVE
Bilingual Certificates $150/month
Advanced Bilingual Certificate $300/Month
Monthly Allowable Max. / Employee 2 $150 $200 $150 $125 $50 $150 $100 $100 $100 $150 $50 N/A MQ: Minimum Qualifications per current job description.

MQr: Recommended Minimum Qualification for position due to Federal, State or other local/city requirements for position duties and responsibilities. 1 Certificate Pay is Not Applicable at this time.
2 Maximum Certificate Pay is based on Highest Certificate within a Series and is not cumulative within a series.

Senior Water
Treatment Plant
Operator
POSITION:

Utility
Maintenance
Worker I
Utility
Maintenance
Worker II
Water Treatment
Plant Operator I
Water Treatment
Plant Operator II
SR
Engineering
Technician
All Classified
Employees per
MOU
Wastewater
Treatment
Plant
Operator I
Wastewater
Treatment
Plant
Operator II
Senior
Wastewater
Treatment Plant
Operator
Parks &
Landscape
Assistant
Parks &
Landscape Lead
Worker
Engineering
Technician
53 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D4
January 26, 2022
Agenda Section:

Consent
Staff Contact:

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

Adoption 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. _______________________________________________________________________________________ Recommended Council Action(s):

Hold second reading by title only to adopt an Ordinance titled:
“An Ordinance of the City of Cloverdale Amending Cloverdale Municipal Code (CMC) 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).” ________________________________________________________________________________________ Background:

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. HCD was authorized to provide up to $123 million under the SB 2 Planning Grants Program (PGP) from the Building Homes and Jobs Trust Fund for assistance to counties and cities related to the PGP.

A portion of this revenue is being used to provide funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Cloverdale qualified as a small city for this program, and as a result the City was awarded a maximum grant amount of $160,000.

SB 2 grant funding is intended to help cities and counties:
• Accelerate housing production
• Streamline the approval of housing development affordable to owner and renter households at all income levels
• Facilitate housing affordability, particularly for lower- and moderate-income households • Promote development consistent with the State Planning Priorities (Government Code Section 65041.1)
• Ensure geographic equity in the distribution and expenditure of the funds Activities funded by the grant must have started by June 30, 2020 and funds must be expended by June 30, 2022. The PGP allows for a range of activities that can be implemented and will accelerate housing production and streamline housing approvals. In order to take advantage of and utilize the City’s SB 2 planning grant funding to support additional housing opportunities in the City’s walkable downtown, attract jobs and economic activity and enhance neighborhood services the proposed Zoning Ordinance Amendments are necessary.
54 City Council Agenda Item Summary
January 26, 2022
Item D.4

______________________________________________________________________________________ Summary:

The attached proposes various amendments to the Downtown Commercial (DTC), Office/Multi-Family (O-R) and Transit Oriented Development (TOD) zones that would allow first floor residential uses on Cloverdale Boulevard if above or behind first floor commercial and on other streets in the DTC zone at ground floor and above. Other proposed amendments include the following:
• Reduced parking requirements are proposed for restaurant, office and retail uses in the DTC and TOD zones.
• Allow restaurant uses in the TOD upon approval of a Plot Plan Review as oppose to a Conditional Use Permit.
• Reduced landscaping requirements for off-street parking in the DTC and TOD zones due to the drought in an effort to be more water conscious, as well as the small size and internal nature of parking lots in these districts.
• Increase maximum allowable density in DTC and TOD districts. • Allow for pedestrian oriented retail and general retail uses in the TOD. • Expanded opportunities for personal/household services uses in the TOD.

In addition to the above listed changes to the Zoning Ordinance, there would need to be some additional corresponding amendments to some tables in the Zoning Ordinance, as part of a comprehensive Zoning Ordinance Amendment necessary to implement the Downtown zoning Districts Update.

The draft Ordinance to amend the Municipal Code in order to streamline the approval of housing development at all income levels and promote development consistent with State Planning Priorities was introduced by title only at the City Council meeting of January 12, 2022. The Council discussed the item and made some minor changes to the language in the draft Ordinance. ________________________________________________________________________________________ Alternative Options:

1. Modify the Ordinance and reschedule the second reading; or

2. Reject the Ordinance; or

3. Provide alternative direction to City Staff.
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

None
________________________________________________________________________________________ Attachments:

1. Proposed Ordinance with Exhibits

2. Redline version of proposed changes to Zoning Ordinance sections 55 CITY OF CLOVERDALE
ORDINANCE NO. 744-2022

AN ORDINANCE 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

REGUIREMENTS)
THE CITY COUNCIL OF THE CITY OF CLOVERDALE HEREBY ORDAINS AS FOLLOWS:

SECTION 1. RECITALS
A. In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs, which included the Building Homes and Jobs Act (SB 2, 2017) to increase the supply of affordable homes in California. To help the City prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production, Cloverdale was awarded a maximum grant amount of $160,000.

B. Amendments to Cloverdale Municipal Code Title 18 (Zoning) are necessary in order to take advantage of and utilize the City’s SB 2 planning grant funding to support additional local housing opportunities in the City’s walkable downtown, attract jobs and economic activity and enhance neighborhood services.

C. On December 7, 2021, the Planning Commission held a properly noticed public hearing regarding this Zoning Ordinance Amendment, considered all comments received in writing and all testimony received at the public hearing and adopted PC Resolution No. 010-2021 recommending approval of the Ordinance amending the Municipal Code in order to streamline housing approvals and accelerate housing production in the downtown area by utilizing SB2 Planning Grant funding that has been awarded to the City.

D. In order to properly utilize the City’s SB 2 planning grant funding to support additional local housing opportunities in the City’s walkable downtown, attract jobs and economic activity the Planning Commission by adoption of Resolution 010-2021 has recommended revisions to the City’s 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), and revising related provisions of the Cloverdale Municipal Code, to ensure internal consistency would be maintained.

E. The California Environmental Quality Act (“CEQA”), together with the State Guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. These amendments to the Municipal Code are exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(General Rule) and 15301 (Existing Facilities) because it does not propose or require any new construction or development.

It streamlines the approval of housing development affordable to owner and renter households at all income levels and promotes development consistent with the State Planning Priorities.

F. The City Council makes the following findings listed in Section 18.030.080 (E) related to a Zoning Ordinance Amendment to amend Cloverdale Municipal Code Chapters 18.05 (Commercial Zoning Attachment 1
56 2
Districts), Chapter 18.09 (Special Provisions and Development Standards), Chapter 18.10 (Design Standards) and Chapter 18.11 (Parking and Loading Requirements):

1. The proposed amendment is consistent with the adopted General Plan.

The amendments will further reduce regulatory constraints in the Downtown Commercial (DTC), Transit Oriented Development (TOD) and Office/Multi-Family Residential) (O-R) zones.

The amendments are consistent with General Plan Goal LU 7, Policy LU 2-1 and Policy LU 2-2 because they encourage construction of housing units while also helping to attract jobs, boost economic activity and enhance neighborhood services in the downtown area. The amendments also streamline the approval of housing development affordable to owner and renter households at all income levels, facilitating housing affordability particularly for lowerand moderate-income households. Finally, as the amendments promote development consistent with the State Planning Priorities (Government Code Section 65041.1), the amendments are determined to be consistent with the goals, policies and implementation measures of the General Plan.

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

The amendments include revisions to various sections of the Zoning Ordinance and Municipal Code, including 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). These amendments are internally consistent with all applicable provisions of the Zoning Ordinance as it has been revised to reduce parking requirements for restaurant, office and retail uses in the DTC and TOD zones and allowing restaurant uses in the TOD upon approval of a Plot Plan Review. These amendments increase maximum allowable density in DTC and TOD districts while allowing for pedestrian oriented retail and general retail uses in the TOD as well as expanded opportunities for personal/household services uses in the TOD.

3. The proposed amendment will not be detrimental to the public health, safety, or welfare or to the use of land in any adjacent zone.

The Building Permit review process ensuresthat the Planning Department has an opportunity to review development plans prior to permit issuance. The Building Permit process also helps to ensure that the construction of residential, commercial and industrial structures within the City is not detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity as construction is required to be in compliance with the latest adopted CA Building and Fire codes.

4. The site is suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested Zoning District and anticipated land uses / developments.

The Zoning Ordinance and Municipal Code amendments encourage construction of housing units in the downtown while also helping to attract jobs, boost economic activity and enhance neighborhood services in the downtown area. Although some development regulations will 57 3
be removed, the maximum Floor Area Ratio (F.A.R.) of the underlying Zoning District will still have to be maintained.

G. On January 12, 2022, the City Council held a properly noticed public hearing regarding this Zoning Ordinance and Municipal Code Amendment and considered all comments received in writing and all testimony received at the public hearing.

SECTION 2. PURPOSE AND INTENT
The purpose and intent of these changes is to amend the Municipal Code and Zoning Ordinance to take advantage of and utilize the City’s SB 2 planning grant funding to support additional local housing opportunities in the City’s walkable downtown, attract jobs and economic activity and enhance neighborhood services consistent with the State Planning Priorities (Government Code Section 65041.1).

SECTION 3. FINDINGS
The above recitals are hereby declared to be true and correct and hereby incorporated herein as the required Findings of the City Council of the City of Cloverdale.

SECTION 4. AMENDMENTS TO TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE Title 18 is amended as set forth below and detailed in Exhibit “A”.

Section 18.05.020.B (Intent of Downtown Commercial ((DTC)) Zoning District) Table 18.05.030-A (Uses Permitted Within Commercial Zoning Districts) Table 18.05.040-A (Commercial Site Development Standards) Section 18.05.050.B (PUD Permit Provisions in Commercial Zoning Districts: DTC Zoning District) Section 18.10.060.A.2 (Commercial Design Standards: DTC Zoning District Design Standards) Section 18.10.060.D (Commercial Design Standards: O-R Zoning District Design Standards) Table 18.11.050-A (Off-Street Vehicle Parking Requirements by Land Use) Section 18.11.080.A (Downtown Parking Area)
Section 18.11.130.B.4 (Outdoor Seating: Minimum Development Requirements – Enclosure) SECTION 6. SEVERABILITY
If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

SECTION 7. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published once before the expiration of fifteen (15) days after said passage, with the names of the Council Members voting for or against the same, in a newspaper of general circulation published in the County of Sonoma, State of California. 58 4
I hereby certify that the foregoing is a true and complete copy of an Ordinance duly and regularly adopted by the City at a regular meeting thereof held on January 12, 2022, by the following vote:

PASSED, APPROVED AND ADOPTED this 26th day of January by the following vote: (Ayes- ; Noes- ; Absent- )
AYES:

NOES:

ABSENT:

ABSTAIN:

Approved Attested
________________________ _____________________________
Todd Lands, Mayor Jill Garibaldi, City Clerk
Exhibits:

A. Amended Sections to Title 18
X:\Agenda Development\COUNCIL\2022 REPORTS\1-12-2022\Downtown Zoning Update\Att3 Ordinance - Downtown Zoning Districts Update.docx
59 ZONING ORDINANCE
Draft Amendments
January 2022
Adopted: 1/28/2015
60 City of Cloverdale Zoning Code
59 Chapter 18.05

COMMERCIAL ZONING DISTRICTS
Section 18.05.010 Purpose and Intent
The Cloverdale General Plan and Station Area/Downtown Precise Plan ("Station Area Plan") outline goals, objectives and policies regarding the character of commercial and residential uses and development for the Cloverdale Depot, the Cloverdale Downtown and opportunity development sites at Citrus Fair Drive and Cloverdale Boulevard. It is the purpose of this chapter to implement these goals, objectives and policies and to complement the City's other Commercial Zoning Districts. The destination commercial area subject to the Alexander Valley Specific Plan is described in Chapter 18.09. The remaining Commercial Zoning Districts have two centers – downtown and the Furber Plaza area. For the past 20 years, the City has concentrated on removing strip commercial development that lined Cloverdale Boulevard when it was a state highway, and has focused on strengthening two concentrated commercial areas -- the downtown and the Furber Plaza shopping center area although a small amount of strip commercial remains along Cloverdale Boulevard. The purpose of the Commercial Zoning Districts is to continue the focus on the two core commercial areas and integrate the City and the expected passenger rail service to the Cloverdale Depot while also providing higher density transit-oriented and some mixed residential uses
Section 18.05.020 Commercial Zoning Districts
A. Intent of Office/Multi-Family Residential (O-R) Zoning District The purpose of the Office/Multi-Family Residential (O-R) Zoning District is to provide for a mix of downtown supportive compatible office, artisan and residential uses, while conserving the historic land use and development patterns of the neighborhood. The historic patterns are based on older, smaller single family residential buildings with typical single family front yards and parking, with a distinct neighborhood fabric of houses in close walking proximity to the downtown. While the O-R Zoning District allows office uses, the intent is to maintain and conserve a residential neighborhood appearance. Appropriate uses include compatible offices, art or yoga studios, lodging and residential uses that provide customers for the pedestrianoriented activities in the DTC Zoning District. No retail use is permitted.

B. Intent of Downtown Commercial (DTC) Zoning District
The purpose of the Downtown Commercial (DTC) Zoning District is to provide for downtown commercial, cultural and office-related uses which recognize and are compatible with the historical, small town nature of the downtown area. Residential uses are allowed above the first story or behind a commercial building on Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street; and at the ground floor and above on other streets in the DTC Zoning District at ground floor and above. The Zoning District is established in order to reinforce the image of the downtown as the "heart" of Cloverdale and as a public gathering place; provide for a broad range of pedestrianoriented commercial, office,institutional, cultural, and public uses; and to maximize the efficiency of the City's downtown district by limiting or prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area; and to promote special architecture and streetscape design that strives to achieve the adopted downtown design elements.
61 City of Cloverdale Zoning Code
60 C. Intent of the Transit Oriented Development (TOD) Zoning District The main purpose of the TOD Zoning District is to provide high-density residential development to provide riders for the SMART passenger rail station and employees and customers to support the downtown pedestrian-oriented retail core. A secondary purpose of the Zoning District is to allow public or office uses with high employment densities, to provide an employment destination for passenger rail and a source of customers to support the downtown pedestrian retail. Associated uses that provide non-retail services to residents are also allowed.

All building designs, except public or hospital use, should have a residential design and should face the street, even if the primary use is non-residential, as further described in the TOD Design Standards set forth in this Chapter.

D. Intent of General Commercial (G-C) Zoning District
The primary purpose of the General Commercial (G-C) Zoning District is to create, preserve and enhance areas for small scale retail establishments which are conveniently located to provide forfrequently recurring needs of outlying residents, which uses are clearly subservient to the downtown and which are appropriate at intersections of major thoroughfaresthat surround residential neighborhoods. The Zoning District is also used for the Furber Plaza Shopping Center, which provides retail and commercial services for the area south of downtown. The provisions of the G-C Zoning District specifically favor retail uses, and officeor other non-retail use should not disrupt a pedestrian shopping experience except as smaller storefronts in a row of retail shops or in areas on a site separate from the retail area.

E. Intent of Service Commercial (S-C) Zoning District
The primary purpose of the Service Commercial (S-C) Zoning District is to allow more intensive retail, service and heavy commercial uses including warehousing and wholesale commercial uses. Residential uses are not allowed. While the light industrial and heavy commercial uses would normally be expected in industrial areas, the S-C Zoning District allows for certain of those uses to be established at in-town locations where they can serve resident needs if the external impacts of those uses do not disturb adjoining residential and commercial neighborhoods.

Section 18.05.030 Commercial Zoning District Use Regulations Subject to applicable General Plan policies and all applicable City ordinances, resolutions and/or regulations, the following table identifies whether a use is a permitted use or requires a City permit. The legend identifies the type of permit required. Uses not permitted in the table are prohibited. Where relevant, a reference to the applicable Section ofthis Title or the Municipal Code has been provided.

Many uses in this table have a corresponding definition in Chapter 18.14. 62 City of Cloverdale Zoning Code
61 Legend
P Permitted
TABLE 18.05.030-A
Uses Permitted Within Commercial Zoning Districts
PP Permitted Subject to Plot Plan Review
C Permitted Subject to issuance of a Conditional Use Permit PUD Permitted Subject to issuance of a PUD Permit
NP Not Permitted
NL No Limitation (does not apply in the Zoning District) Land Uses Commercial Zoning Districts
Office & Related Uses DTC TOD O-R G-C SC Reference
Administrative/General Offices
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
NP
P
P
NL
P
PP
NL
P
C
NL
C
C
NL
Commercial Uses DTC TOD O-R G-C SC Reference
Pedestrian-Oriented Retail1
• Less than 2,500 square feet
• 2,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
PP
P
PP
NP
C
NP
NP
PP
C
NL
C
C
NL
General Retail1
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
PP
NP
NP
NP
NP
P
PP
NL
P
PP
NL
Personal/Household Services
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
PP
NP
P
PP
NP
P
C
NL
C
C
NL
Smoke Shops/Smoking Lounges
• Less than 1,500 square feet
• 1,500 square feet or larger
• More than 50 feet of first floor frontage
PP
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
NL
C
NP
NL

18.09.230
Artist and Photographic Studios and Galleries
• (Including the accessory sale of artwork) P PP PP P NP Catering Establishments (not in conjunction
with a restaurant) NP NP PP PP P
Dry Cleaning (with on-site cleaning
equipment); Self-Service Laundry

NP PP NP PP PP
Feed and Tack Stores NP NP NP C PP
Convenience Kiosks NP PP NP C NP
Liquor Stores C C NP C C
Outside Sales or Display Areas (for uses
allowed in the underlying Zoning District)
• Less than 100 square feet
• 101 square feet or more
PP
NP
NP
NP
NP
NP
PP
C
PP
C
63 City of Cloverdale Zoning Code
62 Restaurants DTC TOD O-R G-C SC Reference
With Entertainment
Without Entertainment
P
P
PP
PP
NP
C
C
P
C
P
Outdoor Seating P PP C PP PP 18.09.210
Drive-Through Facility NP NP NP C C 18.09.110
Bar/Cocktail Lounge C C NP C C
Wine/Beer Tasting/Sampling and Sales PP PP NP PP C
Hotels and Lodging DTC TOD O-R G-C SC Reference
Bed and Breakfast Inn PP C PP NP C 18.09.100
Vacation Rental C NP C C NP 18.09.260
Hotels and Motels
• Up to 12 rooms
• 13 rooms or more
PP
C
PP
C
C
NP
PP
C
PP
C
Recreational Vehicle Park NP NP NP NP C
Medical Services DTC TOD O-R G-C SC Reference
• Major
• Minor
• More than 25 feet of first floor frontage
NP
C
NP
C
C
C
NP
PP
-
C
C
-
NP
C
-
Veterinary/Animal Care Offices
• Without exterior kennels, pens, & runs
• With exterior kennels, pens, and runs
C
NP
NP
NP
P
NP
PP
NP
PP
C
Vehicle Sales and Repair DTC TOD O-R G-C SC Reference
Sales and/or repair of automobiles, light
trucks, boats, campers, and, motorcycles; car
washes, tire sales & service
NP NP NP NP C 18.09.270
Automobile Service Station NP NP NP C C 18.09.200
Industrial/Research & Development Uses DTC TOD O-R G-C SC Reference Manufacturing or Processing, Light NP NP NP NP C
Contractor Shops (with no outdoor storage of
materials or equipment) NP NP NP NP C
Recycling Facilities
• Reverse Vending Machines
• Small
NP
NP
NP
NP
NP
NP
PP
PP
PP
PP 18.09.170
Wholesale and Distribution; Warehouses NP NP NP NP C
Self-Storage Warehouse NP NP NP C PP 18.09.190
Public/Quasi Public Uses DTC TOD O-R G-C SC Reference
Public/Quasi Public Uses C C C C C
Theaters (including motion picture and live
performing arts) PP NP NP NP NP
Day Care Facilities NP C C C NP
Recreation Uses DTC TOD O-R G-C SC Reference
Athletic and Health Clubs; Indoor Commercial
Recreation Facilities

C C NP C C
Dance Schools; Yoga and Pilates Studios P P PP C C
Commercial recreation facilities (outdoor) NP C NP C C
64 City of Cloverdale Zoning Code
63 Residential Uses3 DTC TOD O-R G-C SC Reference
Residential Care Facilities and Convalescent
Homes NP PP PP C C
Multi-Family Residential6
• Above a permitted commercial or office use
• First Floor
P
PP
P
P
P
P
C
C
NP
NP 18.05.050
Single-Family House4,5 NP NP P NP NP
Single Room Occupancy (SRO) Living Unit PP PP PP NP NP 18.09.220 Emergency Shelters NP PP NP PP NP
Accessory Uses DTC TOD O-R G-C SC Reference
Accessory Uses (located on the same site as a
permitted use) PP PP PP PP PP
Temporary Uses PP PP PP PP PP
Other uses similar to, and no more
objectionable than the uses identified above, as
determined by the Planning Commission

C C C C C
Outdoor Storage (on a vacant parcel) NP NP NP NP NP
NOTES TO TABLE:

1. Commercial projects which serve as a City-proposed catalyst project for downtown development may be approved with a Conditional Use Permit in the TOD Zoning District.

2. Uses with approved Conditional Use Permits that relocate within the same ZoningDistrict are subject to Plot Plan Review instead of another Conditional Use Permit.

3. Employee housing for farmworkers accommodating six or fewer workers shall be considered a residential use and shall not require any special approvals that are not required ofa family dwelling of the same type in the same Zoning District.

4. In all cases, Transitional Housing is and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type located in the same zone.

5. Single-family houses in Office/Residential shall follow the R-2 zoning standards.

6. Within the DTC District, street-facing residential uses are allowed on the first floor except on the following street segments: Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street.

Residential uses on these street segments are allowed only above the first floor or if placed behind a commercial building.

Section 18.05.040 Commercial Site Development Standards A. General Requirements
The table below sets forth minimum Site Development Standards for commercial development within Commercial Zoning Districts.
65 City of Cloverdale Zoning Code
64 Table 18.05.040-A
Commercial Site Development Standards

DTC TOD O-R G-C S-C
Density (maximum units per net acre) 5 30.0 20.0 8.0-20.0 20.0 - Lot Area4 (square feet) - - 6,000 6,000 6,000
Lot Width - - 60' 60' 60'
Lot Depth - - 100' 100' 100'
Front Setback1,2,3
• Maximum
• Minimum
-
-
20'
-
15'
-
20'
-
Side Setback1,2,3
• Interior
• Street Side
-
-
5'
15'
-
10'
-
20'
Rear Setback1,2,3
• Abutting R-1 or R-2 zoning
-
-
15'
20’
10'
10’
10'
10’
Building Length (maximum) - - - -
Lot Coverage (maximum) 100% 100% 60% 60% 60%
Floor Area Ratio (maximum) 3.0 3.0 0.8 1.0 1.0
Building Height
• Maximum
• Minimum
40' or 3
stories
25’
40’ or 3
stories
2 stories
35' or 2
stories
-
35' or 2
stories
-
35' or 2
stories
-
First Floor Ceiling Height (minimum) 12’ - - - -
Distance Between Buildings (minimum) - - - -
Provision of Open Space
• Common Open Space per 1,000 sf
of building
• Common Open Space/Res. Unit
• Private Open Space/Res. Unit
-
-
-
100 sf
150 sf
60 sf
-
-
-
-
-
-
-
-
-
NOTES TO TABLE:

1. Larger setbacks may be required based on requirements in Chapter 18.09, surrounding development, or building code regulations.

2. A 50 foot buffer setback is required on each side of waterways shown on the General Plan Conservation Area Map.

3. When a residential development is proposed to be located adjacent to or across the street from a developed Industrially-zoned property, a minimum building setback of 50 feet measured from the property line shall be required from such Industrial Zoning District. The 15 feet of this setback located adjacent to the street or Industrial Zoning District boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot high wall, berm or combination wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to Industrial Zoning Districts, walls shall be constructed in accordance with the provisions of Section 18.09.030.

4. The creation of new lots within Commercial Zoning Districts following the date of the adoption of this Title shall conform to the minimum dimensions stated in Table 18.05.040-A, except in the case of condominium lots or individual lots within a shopping center, in which 66 City of Cloverdale Zoning Code
66 (e.g. parking in the residential driveway, including tandem parking, and/or parking to the rear of the building). Reductions shall not be allowed if parking other than in a driveway is provided in the front or street side yard.

2. Mixed residential and office use or conversion from single family to multiple family use may be allowed within a pre-existing residential structure without requiring that the residential use be above a conforming office use.

3. Underlying Zoning District site development standards and parking standards may be reduced or waived for properties that meet criteria for historic designation in the National or State Registers, or for historic conservation sites based on General Plan criteria. Zoning District requirements may be modified with the following provisions:
a. A historic report shall be prepared identifying the design, materials, and site features that generally meet the criteria in National Register Bulletin 15, "How to Apply the National Register Criteria for Evaluation." b. The PUD Permit shall include a plan for preservation of the identified historic design, materials, and site features, and the project shallimplement the plan.

B. Downtown Core (DTC) Zoning District
A PUD Permit may be granted to modify provisions of the DTC Zoning District to allow residential development that supports downtown business.

1. For uses fronting Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial and Main Street: Residential use must be secondary to the commercial use and located above or behind the commercial use on the site.

2. For sites which have pedestrian-oriented buildings and mixed residential and commercial uses, a portion of the multi-family residential development may be placed on the first floor.
67 City of Cloverdale Zoning Code
124
Section 18.09.210 Outdoor Seating
The purpose of this Section is to permit outdoor seating that enhances the pedestrian ambiance of the City, but to also ensure it does not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.

A. Permit Required
The Planning Director is authorized to approve outdoor seating through the Plot Plan Review process, or the Planning Commission may through the Conditional Use Permit process, consistent with Table 18.050.030-A and where located on the public sidewalk subject to issuance of an encroachment permit by the City Engineer. .

B. Minimum Development Requirements
Outdoor seating shall comply with the property development standards for the Zoning District in which it is to be located and with the special conditions below.

1. Accessory Use
Outdoor seating shall be conducted as an accessory use to a legally established business or use, generally a restaurant or other eating and drinking establishment.

2. Location
Outdoor seating may be located on private property or on the public sidewalk.

Where located on the public sidewalk, outdoor seating must be immediately adjacent to and abutting the primary use ; provided that the area in which the outdoor seating is located extends no farther along the sidewalk’s length than the actual sidewalk frontage of the operating business.

3. Sidewalk Clearances
Outdoor seating on the public sidewalk may be permitted only where the sidewalk is wide enough to adequately accommodate the usual pedestrian trafficin the area, all applicable access requirements (including state and federal disability access requirements), all applicable City standards for pedestrian travelways and the operation of the proposed business. Outdoor seating shall not occupy more than 50 percent of the sidewalk’s width at any point and not less than 5 consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic.

4. Enclosure
Awnings or umbrellas may be used in conjunction with outdoor seating.

Permanent structures such as a roof or shelter are allowed with an encroachment permit. Awnings shall be adequately secured, retractable, and shall comply with the provisions of the California Building Standards Code as in effectin the City.

5. Fixtures
The furnishings of any outdoor seating located on the public sidewalk shall consist only of movable tables, chairs, umbrellas and outdoor heaters. Lighting 68 City of Cloverdale Zoning Code
142

1. The garage is setback from the front façade a minimum of five (5) feet, detached from the residence and located in the rear of the lot, or is not visible from the street.

2. The residence incorporates a front porch or courtyard visible from the street or sidewalk.

3. The location of the residence allows for the protection and preservation of native, mature trees (i.e. any local oak, conifer or hardwood species of at least 8'' dbh).

4. Construction of the residence allows for the protection and preservation of natural features such as a creek, wetland, riparian area, etc. as identified in the City General Plan.

Section 18.10.060 Commercial Design Standards
The following standards shall apply to development in all Commercial Zoning Districts, except as otherwise provided for in this Title:

1. All indoor uses shall be conducted within a completely enclosed structure unless outdoor use is allowed in the Zoning District. See Table 18.05.030-A.

2. There shall be no visible storage of motor vehicles (except display areas for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents, equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

3. Ground-mounted equipment incidental to commercial development shall be appropriately screened with solid walls and/or landscaping.

4. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure(s).

5. Every parcel with a structure shall have trash and recycling receptacles on the premises. The receptacle(s) shall be screened from public view and adjacent residential developments on at least three sides by a solid wall or fence and on the fourth side by a solid gate.

6. Commercial and industrial loading areas shall be screened from public view.

7. Elevations of all structures shall be architecturally treated to ensure compatibility with high quality neighboring structures.

A. Downtown Commercial (DTC) Zoning District Design Standards

1. The intent of the DTC Zoning District is to encourage retail storefront design at the street level, so that pedestrian-oriented retail uses and similar activity generating uses can locate in the DTC zone without the need for a storefront redesign. 69 City of Cloverdale Zoning Code
143

2. The design model for the DTC Zoning District is buildings with 2-3 story height, with the first floor designed for pedestrian-oriented retail and activity generating uses and upper stories available for residential, office, or commercial use. For buildings that do not front Cloverdale Boulevard, first floor uses may include residential, office or commercial use. Building mass above the second floor shall be stepped back from the front façade a minimum of 6 feet.

3. A first floor pedestrian-oriented retail design is required, even if the proposed use is non-retail.

4. The street and sidewalk design standard for the DTC Zoning District is the standard used for 2002 Cloverdale Boulevard improvements on Cloverdale Boulevard and the 2009 First Street improvements on First Street.

5. Building street frontages shall be pedestrian-oriented design as defined in Chapter

18.14 including building faces flush with back of sidewalk, display windows which allow visibility to the interior of the store, recessed store entrances, and entrances at less than 25 foot intervals.

6. Maximum Storefront Design Increment (A) = 50 feet. Maximum Articulation Increment (C) = 25 feet.

7. There shall be 3’ of unobstructed view through first floor storefront windows. 70 City of Cloverdale Zoning Code
147

8. Chain link fencing is not allowed in the TOD Zoning District, except fortemporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.

D. Office/Multi-Family (O-R) Zoning District Design Standards

1. The O-R District provides a transition between the older residential areas surrounding the downtown and the pedestrian-oriented downtown businesses.

2. The design model for the O-R District is to conserve the existing residential style buildings including design, size, scale, and neighborhood continuity created by existing (pre-2009) single family housing, while allowing both single family and downtown serving office uses to occupy the structures.

3. A PUD Permit may be granted with flexible land use, parking, setback, and mixed use standards in order to maintain neighborhood design and character(see PUD Permit standards).

4. Preservation of existing residential structural types is preferred to demolition and construction of new buildings. If new construction is proposed, design shall be based entirely on conserving the residential neighborhood design character of the area, including form, color, height, materials, window designs, type of front door access, and yard characteristics of surrounding older houses and buildings. The area between the building and the street shall not be used for parking in new construction.

5. Chain link fencing is not allowed in the O-R District, except for temporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.

6. Historic design provisions shall apply in the O-R District.

7. Developments and projects that occur on parcels containing both an O-R Zoning District and a DTC Zoning District, also known as split-zoned parcels, shall be treated in its entirety as a development or project in an O-R Zoning District or in a DTC Zoning District, and shall follow the design standards required for that district.

8. Where a parcel within an O-R Zoning District is proposed to be joined to an adjacent parcel as part of a development or project, and that parcel is designated as DTC Zoning District, the entire, resulting parcel shall be designated as a single zoning district, either as DTC or O-R District, and the development or project shall follow the design standards required for that district.

Section 18.10.070 Industrial Design Standards

1. Where off-street parking areas are situated such that they are visible from any street, a wall, berm, or combination wall/berm three (3) feet in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas.

2. Required front and street side building setback areas shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary 71 City of Cloverdale Zoning Code
153
Table 18.11.050-A
Off-Street Vehicle Parking Requirements by Land Use
Residential Uses
Single Family Dwelling (on a
conventional lot, with a 20 foot minimum
front yard setback, and fronting on a
public or private street with on-street
parking)
Two spaces per unit, one of which must be
covered. Both spaces must be outside required
setbacks and must have a minimum driveway
length of 20 feet between the property line and
the parking space.

Cluster Ownership Housing (Single
family dwelling in a small lot PUD,
Townhouses, Condominiums, and
attached housing.)
One covered space per unit; plus 1.5
unrestricted shared parking spaces per unit; plus

0.5 parking space per unit, which may be
restricted to specific units or may be
unrestricted.

Second Residential Dwelling Units One space per unit. Space may be in tandem and may be located in a driveway behind a
required parking space.

Apartments and Multi-Family Dwellings
(Generally designed for rental occupancy)
Studio unit: 1 covered space per unit and 0.5
unrestricted shared parking space per unit.

One bedroom unit: 1 covered space per unit and
1 unrestricted shared parking space perunit.
2+ bedroom units: 1 covered space per unit and
2 unrestricted shared spaces per unit.

Senior Housing 1 covered space per unit, and

0.5 shared unrestricted parking space perstudio
and one bedroom unit and one shared
unrestricted parking space per 2+ bedroom
unit.

Single Room Occupancy (SRO) Living
Unit
.5 space per unit plus one bicycle space per
unit which can be locked
Residential Care Facilities 1 uncovered space per 3 beds and 1 space per employee on the largest work shift
Mobilehome Parks 1.75 spaces per unit, which may be in tandem, one (1) of which must be covered.

Large Family Day Care Facilities 1 uncovered space per staff person other than the homeowner in addition to the required
parking for the residential building
72 City of Cloverdale Zoning Code
154
Public and Semi-Public Uses
Public Buildings - Administrative 1 parking space/ 250 sq. ft. of gross floor area.

Public and Semi-public Buildings -
Assembly (including auditoriums,
theaters, lodges, clubs, churches,
mortuaries)
1 parking space/5 fixed seats, or 1 parking
space/50 sq. ft. of floor area designed for public
assembly
Hospitals 1 space/2 beds and 1 space/doctor or
employee on the largest shift
Convalescent Hospitals 1 space/3 beds and 1 space/doctor or employee on the largest shift
Public Utility Buildings (without on-site
offices)
1 parking space/2 employees on the largest
work shift.

Schools
Grade Schools, Elementary, Junior High
Schools
1 parking space/classroom and 1 space per 250
square feet of office for faculty and employees
High Schools, Colleges 1 parking space/classroom, 1 space per 250 square feet of office for faculty members and
employees, and 5 parking spaces/classroom
for students
Vocational, Business, Trade
Schools
1 parking space/3 students of the maximum
classroom capacity and 1 space each employee
Child Day Care Facilities 1 parking space/employee or teacher and 1 space/5 children
Commercial Uses
General Retail, Office and Commercial 1 parking space/250 sq. ft. of gross floor area DTC Zoning District Commercial (retail
and office only)
1 parking space/350 sq. ft. of gross floor area
or 1 space per 450 square feet if the building
provides shared parking (see Section 18.11.080)
DTC and TOD Zoning Districts, mixeduse
provisions for mixed residential and nonresidential use.

With use permit approval, parking for the
residential portion of a mixed use project may
be reduced to one space per unit.
73 City of Cloverdale Zoning Code
155
Commercial Uses (cont.)
Hotels and Motels 1 parking space/unit, and 2 parking spaces for the manager’s office.

Restaurants and Bars 1 parking space/350 sq. ft. of public area (any area accessible by the public).

Drive-In Restaurants/Drive-Through
Facilities
1 parking space/75 sq. ft. of public area (any
area accessible by the public).

Any portion of a site with outdoor sales,
display, and rental areas, including
nurseries, auto, recreational vehicle, boat
sales
1 parking space/2,000 sq. ft. open area for the
first 10,000 sq. ft., then 1 space/5,000 sq. ft.over
10,000 sq. ft. Any enclosed building on the site
shall meet the requirement for the most similar
use to that in the enclosedbuilding.

Automobile Service Stations 3 parking spaces/working bay, plus 1 parking space/employee on the largest shift.

Vehicle Repair Facilities 1 parking space/450 sq. ft. of floor area.

Bowling Alleys and Billiard Halls 5 parking spaces per lane and 2 spaces per billiard table.

Industrial and Warehouse Uses
Warehouse combined with retail store,
service or repair shop or wholesale sales
1 parking space/800 sq. ft. of gross floor area, or
1 parking space/employee and 1
space/company vehicle, whichever is larger.

Manufacturing and Warehouse 2 parking spaces/3 employees on the largest shift, but not less than 1 space/2,000 sq. ft. of
area used for allowed uses.

Self-storage Warehouse (or other storage
containment yards)
1 parking space/20 storage units with a
minimum of 5 spaces for customer parking, 2
parking spaces for any manager or caretaker,
plus adequate driveway width to permit one
vehicle (8' x 20') to park in front of each unit
without obstructing access.
74 City of Cloverdale Zoning Code
156
Table 18.11.050-B
Bicycle Parking Requirements by Land Use
Requirement
Commercial And Office Uses Bicycle parking facilities are to be provided for commercial projects with buildings greater than
5,000 square feet in size. Such parking shall be
located in a highly visible location and shall
include provisions for locking of bicycles. (except
in the DTC district).

Industrial and Warehouse Uses Bicycle parking facilities are to be provided for commercial and industrial projects with
buildings greater than 5,000 square feet in size.

Such parking shall be located in a highly visible
location and shall include provisions for locking
of bicycles.

Section 18.11.060 Recreational Vehicle Parking
Improperly parked recreational vehicles in residential neighborhoods are regulated because they can:
• Mar the front yard appearance of residential neighborhoods • Obstruct public sidewalks.
• Reduce adjacent property values and prevent neighbors from having full enjoyment of their property.

Recreational vehicles may be parked at residential properties but are subject to the following:

1. Screening is required for all recreational vehicles that are stored or parked in the open or on a vacant lot. They may be parked in a completely enclosed garages or structure as an alternative to the screening requirement and size limitation.

Section 18.11.070 Truck Parking
Parking or storing of trucks having an unladen weight in excess of six thousand pounds is prohibited on residential property for more than one hour any time of day, except for the purpose of loading or unloading the cargo of such vehicles.

Section 18.11.080 Downtown Parking Area
The downtown has many properties developed prior to the City parking requirements, and the downtown is unique in encouraging pedestrians to park once and visit many destinations without re-parking. Parking requirements and exclusions are intended to support pedestrianoriented uses and pedestrian-oriented design. The following provisions apply only to uses located within the DTC and O-R Zoning Districts.
75 City of Cloverdale Zoning Code
157
A. For a change of use that requires increased parking pursuant to Table 18.11.050-A., if the building is not expanded, additional parking may be waived upon Planning Director approval if the use is activity generating, such as retail, restaurant, theater, or similar uses.

Alsosee chapter 18.03 Minor Exceptions.

B. When a downtown building is destroyed or demolished, a Conditional Use Permit may be granted to allow parking credit for the demolished building square footage if the replacement building is pedestrian-oriented design. This exception does not expire.

C. Upon Conditional Use Permit approval, new construction may pay in-lieu parking fees as provided below. A Conditional Use Permit shall not be approved if cumulative approval of in lieu spaces exceeds the number of “new” shared parking spaces created for all development since May, 2005. A “new” space shall be a newly created parking space on public streets or in a public parking lot plus .25 times the number of spaces created in private shared lots as described in paragraph D below.

D. A property owner may offer permanent and unrestricted public use of a parking lot, guaranteed by easement granted in perpetuity to the City and giving the City the right to manage the parking lot at the City’s option. The following provisions shall apply.

1. The parking lot shall meet the minimum requirements for number of spaces of the use that the lot serves, pursuant to Table 18.11.050-A (parking requirements by land use) and provisions A through C above.

2. The City may place parking restrictions, such as timed parking or metered parking, as needed to assure that the parking meets downtown parking needs.

3. As an incentive for providing unrestricted parking, the City may offer one or more of the following considerations: City improvement and maintenance of the parking lot, compensation from in-lieu parking fees, or provision of a portion of parking meter revenues, for a time and amount to be determined by the City, if meters are installed.
a. The City may allow the parking lot owner to reserve up to 50% of the spaces for the time period most likely to be used by the property which the parking serves (e.g. parking for an office could be restricted from 8 a.m. to 5 p.m., with the parking being available to the public at othertimes).

4. In-lieu parking program. Upon approval of a Conditional Use Permit, the City may, but is not required, to allow a property owner to satisfy parking requirements by the payment of in-lieu parking fees. The in-lieu fee option may be requested by the property owner and cannot be required by the City. a. Parking in-lieu fees shall be established by resolution of the City Council.

The fee shall be the cost of land and construction costs of building an average parking space. The fee resolution shall be updated if passed more than 12 months prior to a Conditional Use Permit request to pay lieu fees. b. The City shall develop and maintain a map showing the base number of unrestricted spaces available as of May 2005. The number of spaces that can be granted to satisfy parking requirements with in-lieu fees shall not 76 City of Cloverdale Zoning Code
158
exceed the number of new unrestricted parking spaces that have been provided in the downtown or on streets adjoining the downtown after May 2005.
c. The total fee paid shall be the number of required spaces in Table 18.11.050- A. which are not provided on the applicant’s site times theparking fee as established in paragraph 4.a. above.

5. Upon City Council approval, and subject to applicable law, fees may be waived for nonprofit uses such as events, museum, library, or similar pedestrian attracting uses for the downtown.

E. Upon Planning Director approval, new projects are not required to follow requirements under Section 18.11.130 (Landscaping Requirements for Off-Street Parking) for parking lots with 30 spaces or less and where the majority of the parking area is behind a building fronting onto the street.

Section 18.11.090 Design and Paving Standards for Off-Street Parking Facilities A. Dimensions of Parking Spaces

1. Automobile Parking Spaces
The standard uncovered stall size is nine (9) feet by eighteen (18) feet. Stalls shall be designed in accordance with City specifications (see Figure 18.11.090-B). Compact parking stalls may be allowed in commercial/industrial applications up to a maximum of 20% of the required parking. The stall size for compact spaces is eight (8) by sixteen (16) feet. Any space abutting a fence, wall, or landscape area, shall be a minimum of 10 feet wide. Covered parking spaces shall be a minimum of ten (10) feet by twenty (20) feet.

2. Motorcycle Parking Spaces
Each motorcycle space shall have a minimum usable area of 56 square feet.

3. Handicapped Parking Spaces
The number and size of handicapped spaces is specified in Title 24, Section 2-07102 of the State Disabled Access Regulations.
77 ZONING ORDINANCE
Draft Amendments
January 2022
Adopted: 1/28/2015
Attachment 2
78 City of Cloverdale Zoning Code
59 Chapter 18.05

COMMERCIAL ZONING DISTRICTS
Section 18.05.010 Purpose and Intent
The Cloverdale General Plan and Station Area/Downtown Precise Plan ("Station Area Plan") outline goals, objectives and policies regarding the character of commercial and residential uses and development for the Cloverdale Depot, the Cloverdale Downtown and opportunity development sites at Citrus Fair Drive and Cloverdale Boulevard. It is the purpose of this chapter to implement these goals, objectives and policies and to complement the City's other Commercial Zoning Districts. The destination commercial area subject to the Alexander Valley Specific Plan is described in Chapter 18.09. The remaining Commercial Zoning Districts have two centers – downtown and the Furber Plaza area. For the past 20 years, the City has concentrated on removing strip commercial development that lined Cloverdale Boulevard when it was a state highway, and has focused on strengthening two concentrated commercial areas -- the downtown and the Furber Plaza shopping center area although a small amount of strip commercial remains along Cloverdale Boulevard. The purpose of the Commercial Zoning Districts is to continue the focus on the two core commercial areas and integrate the City and the expected passenger rail service to the Cloverdale Depot while also providing higher density transit-oriented and some mixed residential uses
Section 18.05.020 Commercial Zoning Districts
A. Intent of Office/Multi-Family Residential (O-R) Zoning District The purpose of the Office/Multi-Family Residential (O-R) Zoning District is to provide for a mix of downtown supportive compatible office, artisan and residential uses, while conserving the historic land use and development patterns of the neighborhood. The historic patterns are based on older, smaller single family residential buildings with typical single family front yards and parking, with a distinct neighborhood fabric of houses in close walking proximity to the downtown. While the O-R Zoning District allows office uses, the intent is to maintain and conserve a residential neighborhood appearance. Appropriate uses include compatible offices, art or yoga studios, lodging and residential uses that provide customers for the pedestrianoriented activities in the DTC Zoning District. No retail use is permitted.

B. Intent of Downtown Commercial (DTC) Zoning District
The purpose of the Downtown Commercial (DTC) Zoning District is to provide for downtown commercial, cultural and office-related uses which recognize and are compatible with the historical, small town nature of the downtown area. Residential uses are allowed if sited on the second story or behind a commercial building above the first story or behind a commercial building on Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street; and at the ground floor and above on other streets in the DTC Zoning District at ground floor and above. The Zoning District is established in order to reinforce the image of the downtown as the "heart" of Cloverdale and as a public gathering place; provide for a broad range of pedestrian-oriented commercial, office, institutional, cultural, and public uses; and to maximize the efficiency of the City's downtown district by limiting or prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area; and to promote special architecture and streetscape design that strives to achieve the adopted downtown design elements. 79 City of Cloverdale Zoning Code
61 Legend
P Permitted
TABLE 18.05.030-A
Uses Permitted Within Commercial Zoning Districts
PP Permitted Subject to Plot Plan Review
C Permitted Subject to issuance of a Conditional Use Permit PUD Permitted Subject to issuance of a PUD Permit
NP Not Permitted
NL No Limitation (does not apply in the Zoning District) Land Uses Commercial Zoning Districts
Office & Related Uses DTC TOD O-R G-C SC Reference
Administrative/General Offices
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C PP
NP
P
P
NL
P
PP
NL
P
C
NL
C
C
NL
Commercial Uses DTC TOD O-R G-C SC Reference
Pedestrian-Oriented Retail1
• Less than 2,500 square feet
• 2,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
PP
NP P
NP PP
NP
NP C
NP
NP
PP
C
NL
C
C
NL
General Retail1
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
NP P
NP PP
NP
NP
NP
NP
P
PP
NL
P
PP
NL
Personal/Household Services
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
NP PP
NP
P
PP
NP
P
C
NL
C
C
NL
Smoke Shops/Smoking Lounges
• Less than 1,500 square feet
• 1,500 square feet or larger
• More than 50 feet of first floor frontage
C PP
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
NL
C
NP
NL

18.09.230
Artist and Photographic Studios and Galleries
• (Including the accessory sale of artwork) P PP PP P NP Catering Establishments (not in conjunction
with a restaurant) NP NP PP PP P
Dry Cleaning (with on-site cleaning
equipment); Self-Service Laundry

NP PP NP PP PP
Feed and Tack Stores NP NP NP C PP
Convenience Kiosks NP PP NP C NP
Liquor Stores C C NP C C
Outside Sales or Display Areas (for uses
allowed in the underlying Zoning District)
• Less than 100 square feet
• 101 square feet or more
PP
NP
NP
NP
NP
NP
PP
C
PP
C
80 City of Cloverdale Zoning Code
62 Restaurants DTC TOD O-R G-C SC Reference
With Entertainment
Without Entertainment
C P
P
NP PP
C PP
NP
NP C
C
P
C
P
Outdoor Seating P PP NP C PP PP 18.09.210
Drive-Through Facility NP NP NP C C 18.09.110
Bar/Cocktail Lounge C NP C NP C C
Wine/Beer Tasting/Sampling and Sales PP PP NP PP C
Hotels and Lodging DTC TOD O-R G-C SC Reference
Bed and Breakfast Inn PP C PP NP C 18.09.100
Vacation Rental C NP C C NP 18.09.260
Hotels and Motels
• Up to 12 rooms
• 13 rooms or more
PP
C
PP
C
C
NP
PP
C
PP
C
Recreational Vehicle Park NP NP NP NP C
Medical Services DTC TOD O-R G-C SC Reference
• Major
• Minor
• More than 25 feet of first floor frontage
NP
C
NP
C
C
C
NP
PP
-
C
C
-
NP
C
-
Veterinary/Animal Care Offices
• Without exterior kennels, pens, & runs
• With exterior kennels, pens, and runs
C
NP
NP
NP
P
NP
PP
NP
PP
C
Vehicle Sales and Repair DTC TOD O-R G-C SC Reference
Sales and/or repair of automobiles, light
trucks, boats, campers, and, motorcycles; car
washes, tire sales & service
NP NP NP NP C 18.09.270
Automobile Service Station NP NP NP C C 18.09.200
Industrial/Research & Development Uses DTC TOD O-R G-C SC Reference Manufacturing or Processing, Light NP NP NP NP C
Contractor Shops (with no outdoor storage of
materials or equipment) NP NP NP NP C
Recycling Facilities
• Reverse Vending Machines
• Small
NP
NP
NP
NP
NP
NP
PP
PP
PP
PP 18.09.170
Wholesale and Distribution; Warehouses NP NP NP NP C
Self-Storage Warehouse NP NP NP C PP 18.09.190
Public/Quasi Public Uses DTC TOD O-R G-C SC Reference
Public/Quasi Public Uses C C C C C
Theaters (including motion picture and live
performing arts) PP NP NP NP NP
Day Care Facilities NP C C C NP
Recreation Uses DTC TOD O-R G-C SC Reference
Athletic and Health Clubs; Indoor Commercial
Recreation Facilities

C C NP C C
Dance Schools; Yoga and Pilates Studios PP P PP P PP C C Commercial recreation facilities (outdoor) NP C NP C C
81 City of Cloverdale Zoning Code
63 Residential Uses3 DTC TOD O-R G-C SC Reference
Residential Care Facilities and Convalescent
Homes NP C PP C PP C C
Multi-Family Residential4,5,6
• Above a permitted commercial or office use
• First Floor
PP P
PUD PP
PP P
PP P
PP P
PP P
C
C
NP
NP 18.05.050
Single-Family House4,5 NP NP PP P NP NP
Single Room Occupancy (SRO) Living Unit NP PP C PP NP PP NP NP 18.09.220 Emergency Shelters NP PP NP PP NP
Accessory Uses DTC TOD O-R G-C SC Reference
Accessory Uses (located on the same site as a
permitted use) PP PP PP PP PP
Temporary Uses PP PP PP PP PP
Other uses similar to, and no more
objectionable than the uses identified above, as
determined by the Planning Commission

C C C C C
Outdoor Storage (on a vacant parcel) NP NP NP NP NP
NOTES TO TABLE:

1. Commercial projects which serve as a City-proposed catalyst project for downtown development may be approved with a Conditional Use Permit in the TOD Zoning District.

2. Uses with approved Conditional Use Permits that relocate within the same ZoningDistrict are subject to Plot Plan Review instead of another Conditional Use Permit.

3. Employee housing for farmworkers accommodating six or fewer workers shall be considered a residential use and shall not require any special approvals that are not required ofa family dwelling of the same type in the same Zoning District.

4. In all cases, Transitional Housing is and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type located in the same zone.

5. Development Single-family houses in Office/Residential that is 100% residential shall follow the R-2 zoning standards.

6. Within the DTC District, street-facing residential uses are allowed on the first floor except on the following street segments: Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street.

Residential uses on these street segments are allowed only above the first floor or if placed behind a commercial building. In the Downtown Commercial and General Commercial Zoning District the floor areafor residential use cannot exceed the floor area of commercial use on the site, except that for developments with two stories of residential above a commercial use the area of each residential story cannot exceed the floor area of first floor commercial use.

Section 18.05.040 Commercial Site Development Standards A. General Requirements
The table below sets forth minimum Site Development Standards for commercial development within Commercial Zoning Districts.
82 City of Cloverdale Zoning Code
64 Table 18.05.040-A
Commercial Site Development Standards

DTC TOD O-R G-C S-C
Density (maximum units per net acre) 5 30.0

20.0 20.0 8.0-20.0 20.0 -
Lot Area4 (square feet) - - 6,000 6,000 6,000
Lot Width - - 60' 60' 60'
Lot Depth - - 100' 100' 100'
Front Setback1,2,3
• Maximum
• Minimum
-
-
20'
-
15'
-
20'
-
Side Setback1,2,3
• Interior
• Street Side
-
-
5'
15'
-
10'
-
20'
Rear Setback1,2,3
• Abutting R-1 or R-2 zoning
-
-
15'
20’
10'
10’
10'
10’
Building Length (maximum) - - - -
Lot Coverage (maximum) 100% 100% 60% 60% 60%
Floor Area Ratio (maximum) 3.0 3.0 0.8 1.0 1.0
Building Height
• Maximum
• Minimum
40' or 3
stories
25’
40’ or 3
stories
2 stories
35' or 2
stories
-
35' or 2
stories
-
35' or 2
stories
-
First Floor Ceiling Height (minimum) 12’ - - - -
Distance Between Buildings (minimum) - - - -
Provision of Open Space
• Common Open Space per 1,000 sf
of building
• Common Open Space/Res. Unit
• Private Open Space/Res. Unit
-
-
-
100 sf
150 sf
60 sf
-
-
-
-
-
-
-
-
-
NOTES TO TABLE:

1. Larger setbacks may be required based on requirements in Chapter 18.09, surrounding development, or building code regulations.

2. A 50 foot buffer setback is required on each side of waterways shown on the General Plan Conservation Area Map.

3. When a residential development is proposed to be located adjacent to or across the street from a developed Industrially-zoned property, a minimum building setback of 50 feet measured from the property line shall be required from such Industrial Zoning District. The 15 feet of this setback located adjacent to the street or Industrial Zoning District boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot high wall, berm or combination wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to Industrial Zoning Districts, walls shall be constructed in accordance with the provisions of Section 18.09.030.

4. The creation of new lots within Commercial Zoning Districts following the date of the adoption of this Title shall conform to the minimum dimensions stated in Table 18.05.040-A, except in the case of condominium lots or individual lots within a shopping center, in which 83 City of Cloverdale Zoning Code
66 (e.g. parking in the residential driveway, including tandem parking, and/or parking to the rear of the building). Reductions shall not be allowed if parking other than in a driveway is provided in the front or street side yard.

2. Mixed residential and office use or conversion from single family to multiple family use may be allowed within a pre-existing residential structure without requiring that the residential use be above a conforming office use.

3. Underlying Zoning District site development standards and parking standards may be reduced or waived for properties that meet criteria for historic designation in the National or State Registers, or for historic conservation sites based on General Plan criteria. Zoning District requirements may be modified with the following provisions:
a. A historic report shall be prepared identifying the design, materials, and site features that generally meet the criteria in National Register Bulletin 15, "How to Apply the National Register Criteria for Evaluation." b. The PUD Permit shall include a plan for preservation of the identified historic design, materials, and site features, and the project shallimplement the plan.

B. Downtown Core (DTC) Zoning District
A PUD Permit may be granted to modify provisions of the DTC Zoning District to allow residential development that supports downtown business.

1. For uses fronting Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial and Main Street:

Residential use must be secondary to the commercial use and located above or behind the commercial use on the site. The floor area for residential use cannot exceed the floor area of commercial use on the site, except that for developments with two stories of residential above a commercial use the area of each residential story cannot exceed the floor area of first floor commercial use.

2. First floor multi-family residential uses may be allowed on properties which do not have frontage other than a driveway on a street and do not have the potential to be used for pedestrian-oriented commercial buildings or uses.

2. For sites which have pedestrian-oriented buildings and mixed residential and commercial uses, a portion of the multi-family residential development may be placed on the first floor to the rear of the building, as long as the square footage of residential use does not exceed 50% of the commercial use on the first floor, and the residential use does not front on the sidewalk.
84 City of Cloverdale Zoning Code
124
Section 18.09.210 Outdoor Seating
The purpose of this Section is to permit outdoor seating that enhances the pedestrian ambiance of the City, but to also ensure it does not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.

A. Permit Required
The Planning Director is authorized to approve outdoor seating through the Plot Plan Review process, or the Planning Commission may through the Conditional Use Permit process, consistent with Table 18.050.030-A and where located on the public sidewalk subject to issuance of an encroachment permit by the City Engineer. .

B. Minimum Development Requirements
Outdoor seating shall comply with the property development standards for the Zoning District in which it is to be located and with the special conditions below.

1. Accessory Use
Outdoor seating shall be conducted as an accessory use to a legally established business or use, generally a restaurant or other eating and drinking establishment.

2. Location
Outdoor seating may be located on private property or on the public sidewalk.

Where located on the public sidewalk, outdoor seating must be immediately adjacent to and abutting the primary use ; provided that the area in which the outdoor seating is located extends no farther along the sidewalk’s length than the actual sidewalk frontage of the operating business.

3. Sidewalk Clearances
Outdoor seating on the public sidewalk may be permitted only where the sidewalk is wide enough to adequately accommodate the usual pedestrian trafficin the area, all applicable access requirements (including state and federal disability access requirements), all applicable City standards for pedestrian travelways and the operation of the proposed business. Outdoor seating shall not occupy more than 50 percent of the sidewalk’s width at any point and not less than 5 consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic.

4. Enclosure
Awnings or umbrellas may be used in conjunction with outdoor seating, but there shall be no permanent roof or shelter over any outdoor seating located on the public sidewalk. Permanent structures such as a roof or shelter are allowed with an encroachment permit. Awnings shall be adequately secured, retractable, and shall comply with the provisions of the California Building Standards Code as in effectin the City.

5. Fixtures
The furnishings of any outdoor seating located on the public sidewalk shall consist only of movable tables, chairs, umbrellas and outdoor heaters. Lighting 85 City of Cloverdale Zoning Code
125
fixtures associated with outdoor seating located on the public sidewalk may be permanently affixed onto the exterior front of the main building.

6. Outdoor music or speakers shall be prohibited.

7. Refuse Storage Area
No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the outdoor seating on the public sidewalk or right-of-way. Outdoor seating shall remain clear of litter at all times.

8. Hours of Operation
The hours of operation of the outdoor seating shall be limited to the hours of operation of the associated business.

9. Food and Beverages
Only food and non-alcoholic beverages prepared or stocked for sale at the adjoining business may be served; provided, however, that the service of beer or wine, or both, solely for on-premise consumption by customers within the public right of way may be authorized by the Planning Director or PlanningCommission as part of the permit approval.

Section 18.09.220 Single-Room Occupancy (SRO) Living Units The purpose of these regulations is to provide development standards for reduced-sized commercial dwelling units, defined as single-room occupancy (SRO) living units, with limited parking requirements to provide additional options for affordable housing opportunities and for people with special needs in proximity to transit and services.

A. Permit Required
Single-room occupancy living units shall be conditionally permitted in Residential and Commercial Zoning Districts as shown in Tables 18.04.040-A and 18.05.030-A. Design Review shall be required for new construction and/or exterior modifications to existing structures.

B. Minimum Development Requirements
Each single-room occupancy living unit shall comply with the property development standards for the Zoning District in which it is to be located and with the special conditions below.

1. Excluding the closet and the bathroom area, a SRO living unit shall be a minimum of 150 square feet and a maximum of 400 square feet in floor area. All SRO units must have a closet.

2. Each SRO living unit shall be designed to accommodate a maximum of two persons.

3. SRO projects shall have at least 10 square feet of common usable open space per unit; however, no SRO project shall provide less than 200 square feet of common outdoor open space and 200 square feet of common indoor open space.

Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space.

Landscape areas that are less than 8 feet wide shall not be included as outdoor 86 City of Cloverdale Zoning Code
142

1. The garage is setback from the front façade a minimum of five (5) feet, detached from the residence and located in the rear of the lot, or is not visible from the street.

2. The residence incorporates a front porch or courtyard visible from the street or sidewalk.

3. The location of the residence allows for the protection and preservation of native, mature trees (i.e. any local oak, conifer or hardwood species of at least 8'' dbh).

4. Construction of the residence allows for the protection and preservation of natural features such as a creek, wetland, riparian area, etc. as identified in the City General Plan.

Section 18.10.060 Commercial Design Standards
The following standards shall apply to development in all Commercial Zoning Districts, except as otherwise provided for in this Title:

1. All indoor uses shall be conducted within a completely enclosed structure unless outdoor use is allowed in the Zoning District. See Table 18.05.030-A.

2. There shall be no visible storage of motor vehicles (except display areas for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents, equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

3. Ground-mounted equipment incidental to commercial development shall be appropriately screened with solid walls and/or landscaping.

4. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure(s).

5. Every parcel with a structure shall have trash and recycling receptacles on the premises. The receptacle(s) shall be screened from public view and adjacent residential developments on at least three sides by a solid wall or fence and on the fourth side by a solid gate.

6. Commercial and industrial loading areas shall be screened from public view.

7. Elevations of all structures shall be architecturally treated to ensure compatibility with high quality neighboring structures.

A. Downtown Commercial (DTC) Zoning District Design Standards

1. The intent of the DTC Zoning District is to encourage retail storefront design at the street level, so that pedestrian-oriented retail uses and similar activity generating uses can locate in the DTC zone without the need for a storefront redesign. 87 City of Cloverdale Zoning Code
143

2. The design model for the DTC Zoning District is buildings with 2-3 story height, with the first floor designed for pedestrian-oriented retail and activity generating uses and upper stories available for residential, office, or commercial use. For buildings that do not front Cloverdale Boulevard, first floor uses may include residential, office or commercial use. Building mass above the second floor shall be stepped back from the front façade a minimum of 6 feet. Upperfloors will generally be differentiated from first floor designs.

3. A first floor pedestrian-oriented retail design is required, even if the proposed use is non-retail.

4. The street and sidewalk design standard for the DTC Zoning District is the standard used for 2002 Cloverdale Boulevard improvements on Cloverdale Boulevard and the 2009 First Street improvements on First Street.

5. Building street frontages shall be pedestrian-oriented design as defined in Chapter

18.14 including building faces flush with back of sidewalk, display windows which allow visibility to the interior of the store, recessed store entrances, and entrances at less than 25 foot intervals.

6. Maximum Storefront Design Increment (A) = 50 feet. Maximum Articulation Increment (C) = 25 feet.

7. There shall be 3’ of unobstructed view through first floor storefront windows. 88 City of Cloverdale Zoning Code
147

8. Chain link fencing is not allowed in the TOD Zoning District, except fortemporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.

D. Office/Multi-Family (O-R) Zoning District Design Standards

1. The O-R District provides a transition between the older residential areas surrounding the downtown and the pedestrian-oriented downtown businesses.

2. The design model for the O-R District is to conserve the existing residential style buildings including design, size, scale, and neighborhood continuity created by existing (pre-2009) single family housing, while allowing both single family and downtown serving office uses to occupy the structures.

3. A PUD Permit may be granted with flexible land use, parking, setback, and mixed use standards in order to maintain neighborhood design and character(see PUD Permit standards).

4. Preservation of existing residential structural types is preferred to demolition and construction of new buildings. If new construction is proposed, design shall be based entirely on conserving the residential neighborhood design character of the area, including form, color, height, materials, window designs, type of front door access, and yard characteristics of surrounding older houses and buildings. The area between the building and the street shall not be used for parking in new construction.

5. Chain link fencing is not allowed in the O-R District, except for temporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed.

6. Historic design provisions shall apply in the O-R District.

7. Developments and projects that occur on parcels containing both an O-R Zoning District and a DTC Zoning District, also known as split-zoned parcels, shall be treated in its entirety as a development or project in an O-R Zoning District or in a DTC Zoning District, and shall follow the design standards required for that district.

8. Where a parcel within an O-R Zoning District is proposed to be joined to an adjacent parcel as part of a development or project, and that parcel is designated as DTC Zoning District, the entire, resulting parcel shall be designated as a single zoning district, either as DTC or O-R District, and the development or project shall follow the design standards required for that district.

Section 18.10.070 Industrial Design Standards

1. Where off-street parking areas are situated such that they are visible from any street, a wall, berm, or combination wall/berm three (3) feet in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas.

2. Required front and street side building setback areas shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary 89 City of Cloverdale Zoning Code
153
Table 18.11.050-A
Off-Street Vehicle Parking Requirements by Land Use
Residential Uses
Single Family Dwelling (on a
conventional lot, with a 20 foot minimum
front yard setback, and fronting on a
public or private street with on-street
parking)
Two spaces per unit, one of which must be
covered. Both spaces must be outside required
setbacks and must have a minimum driveway
length of 20 feet between the property line and
the parking space.

Cluster Ownership Housing (Single
family dwelling in a small lot PUD,
Townhouses, Condominiums, and
attached housing.)
One covered space per unit; plus 1.5
unrestricted shared parking spaces per unit; plus

0.5 parking space per unit, which may be
restricted to specific units or may be
unrestricted.

Second Residential Dwelling Units One space per unit. Space may be in tandem and may be located in a driveway behind a
required parking space.

Apartments and Multi-Family Dwellings
(Generally designed for rental occupancy)
Studio unit: 1 covered space per unit and 0.5
unrestricted shared parking space per unit.

One bedroom unit: 1 covered space per unit and
1 unrestricted shared parking space perunit.
2+ bedroom units: 1 covered space per unit and
2 unrestricted shared spaces per unit.

Senior Housing 1 covered space per unit, and

0.5 shared unrestricted parking space perstudio
and one bedroom unit and one shared
unrestricted parking space per 2+ bedroom
unit.

Single Room Occupancy (SRO) Living
Unit
.5 space per unit plus one bicycle space per
unit which can be locked
Residential Care Facilities 1 uncovered space per 3 beds and 1 space per employee on the largest work shift
Mobilehome Parks 1.75 spaces per unit, which may be in tandem, one (1) of which must be covered.

Large Family Day Care Facilities 1 uncovered space per staff person other than the homeowner in addition to the required
parking for the residential building
90 City of Cloverdale Zoning Code
154
Public and Semi-Public Uses
Public Buildings - Administrative 1 parking space/ 250 sq. ft. of gross floor area.

Public and Semi-public Buildings -
Assembly (including auditoriums,
theaters, lodges, clubs, churches,
mortuaries)
1 parking space/5 fixed seats, or 1 parking
space/50 sq. ft. of floor area designed for public
assembly
Hospitals 1 space/2 beds and 1 space/doctor or
employee on the largest shift
Convalescent Hospitals 1 space/3 beds and 1 space/doctor or employee on the largest shift
Public Utility Buildings (without on-site
offices)
1 parking space/2 employees on the largest
work shift.

Schools
Grade Schools, Elementary, Junior High
Schools
1 parking space/classroom and 1 space per 250
square feet of office for faculty and employees
High Schools, Colleges 1 parking space/classroom, 1 space per 250 square feet of office for faculty members and
employees, and 5 parking spaces/classroom
for students
Vocational, Business, Trade
Schools
1 parking space/3 students of the maximum
classroom capacity and 1 space each employee
Child Day Care Facilities 1 parking space/employee or teacher and 1 space/5 children
Commercial Uses
General Retail, Office and Commercial 1 parking space/250 sq. ft. of gross floor area DTC Zoning District Commercial (retail
and office only)
1 parking space/300 350 sq. ft. of gross floor
areaor 1 space per 450 square feet if the building
provides shared parking (see Section 18.11.080)
DTC and TOD Zoning Districts, mixeduse
provisions for mixed residential and nonresidential use.

With use permit approval, parking for the
residential portion of a mixed use project may
be reduced to one space per unit, provided that
the square footage for each floor of residential
use shall not exceed twice the square footage of
first floor commercial use, and the commercial
portion of the building provides all required
parking.
91 City of Cloverdale Zoning Code
155
Commercial Uses (cont.)
Hotels and Motels 1 parking space/unit, and 2 parking spaces for the manager’s office.

Restaurants and Bars 1 parking space/100 350 sq. ft. of public area (any area accessible by the public).

Drive-In Restaurants/Drive-Through
Facilities
1 parking space/75 sq. ft. of public area (any
area accessible by the public).

Any portion of a site with outdoor sales,
display, and rental areas, including
nurseries, auto, recreational vehicle, boat
sales
1 parking space/2,000 sq. ft. open area for the
first 10,000 sq. ft., then 1 space/5,000 sq. ft.over
10,000 sq. ft. Any enclosed building on the site
shall meet the requirement for the most similar
use to that in the enclosedbuilding.

Automobile Service Stations 3 parking spaces/working bay, plus 1 parking space/employee on the largest shift.

Vehicle Repair Facilities 1 parking space/450 sq. ft. of floor area.

Bowling Alleys and Billiard Halls 5 parking spaces per lane and 2 spaces per billiard table.

Industrial and Warehouse Uses
Warehouse combined with retail store,
service or repair shop or wholesale sales
1 parking space/800 sq. ft. of gross floor area, or
1 parking space/employee and 1
space/company vehicle, whichever is larger.

Manufacturing and Warehouse 2 parking spaces/3 employees on the largest shift, but not less than 1 space/2,000 sq. ft. of
area used for allowed uses.

Self-storage Warehouse (or other storage
containment yards)
1 parking space/20 storage units with a
minimum of 5 spaces for customer parking, 2
parking spaces for any manager or caretaker,
plus adequate driveway width to permit one
vehicle (8' x 20') to park in front of each unit
without obstructing access.
92 City of Cloverdale Zoning Code
156
Table 18.11.050-B
Bicycle Parking Requirements by Land Use
Requirement
Commercial And Office Uses Bicycle parking facilities are to be provided for commercial projects with buildings greater than
5,000 square feet in size. Such parking shall be
located in a highly visible location and shall
include provisions for locking of bicycles. (except
in the DTC district).

Industrial and Warehouse Uses Bicycle parking facilities are to be provided for commercial and industrial projects with
buildings greater than 5,000 square feet in size.

Such parking shall be located in a highly visible
location and shall include provisions for locking
of bicycles.

Section 18.11.060 Recreational Vehicle Parking
Improperly parked recreational vehicles in residential neighborhoods are regulated because they can:
• Mar the front yard appearance of residential neighborhoods • Obstruct public sidewalks.
• Reduce adjacent property values and prevent neighbors from having full enjoyment of their property.

Recreational vehicles may be parked at residential properties but are subject to the following:

1. Screening is required for all recreational vehicles that are stored or parked in the open or on a vacant lot. They may be parked in a completely enclosed garages or structure as an alternative to the screening requirement and size limitation.

Section 18.11.070 Truck Parking
Parking or storing of trucks having an unladen weight in excess of six thousand pounds is prohibited on residential property for more than one hour any time of day, except for the purpose of loading or unloading the cargo of such vehicles.

Section 18.11.080 Downtown Parking Area
The downtown has many properties developed prior to the City parking requirements, and the downtown is unique in encouraging pedestrians to park once and visit many destinations without re-parking. Parking requirements and exclusions are intended to support pedestrianoriented uses and pedestrian-oriented design. The following provisions apply only to uses located within the DTC and O-R Zoning Districts.
93 City of Cloverdale Zoning Code
157
A. For a change of use that requires increased parking pursuant to Table 18.11.050-A., if the building is not expanded, additional parking may be waived upon Planning Director approval by Conditional Use Permit if the use is activity generating, such as retail, restaurant, theater, or similar uses. Alsosee chapter 18.03 Minor Exceptions.

B. When a downtown building is destroyed or demolished, a Conditional Use Permit may be granted to allow parking credit for the demolished building square footage if the replacement building is pedestrian-oriented design. This exception does not expire.

C. Upon Conditional Use Permit approval, new construction may pay in-lieu parking fees as provided below. A Conditional Use Permit shall not be approved if cumulative approval of in lieu spaces exceeds the number of “new” shared parking spaces created for all development since May, 2005. A “new” space shall be a newly created parking space on public streets or in a public parking lot plus .25 times the number of spaces created in private shared lots as described in paragraph D below.

D. A property owner may offer permanent and unrestricted public use of a parking lot, guaranteed by easement granted in perpetuity to the City and giving the City the right to manage the parking lot at the City’s option. The following provisions shall apply.

1. The parking lot shall meet the minimum requirements for number of spaces of the use that the lot serves, pursuant to Table 18.11.050-A (parking requirements by land use) and provisions A through C above.

2. The City may place parking restrictions, such as timed parking or metered parking, as needed to assure that the parking meets downtown parking needs.

3. As an incentive for providing unrestricted parking, the City may offer one or more of the following considerations: City improvement and maintenance of the parking lot, compensation from in-lieu parking fees, or provision of a portion of parking meter revenues, for a time and amount to be determined by the City, if meters are installed.
a. The City may allow the parking lot owner to reserve up to 50% of the spaces for the time period most likely to be used by the property which the parking serves (e.g. parking for an office could be restricted from 8 a.m. to 5 p.m., with the parking being available to the public at othertimes).

4. In-lieu parking program. Upon approval of a Conditional Use Permit, the City may, but is not required, to allow a property owner to satisfy parking requirements by the payment of in-lieu parking fees. The in-lieu fee option may be requested by the property owner and cannot be required by the City. a. Parking in-lieu fees shall be established by resolution of the City Council.

The fee shall be the cost of land and construction costs of building an average parking space. The fee resolution shall be updated if passed more than 12 months prior to a Conditional Use Permit request to pay lieu fees. b. The City shall develop and maintain a map showing the base number of unrestricted spaces available as of May 2005. The number of spaces that can be granted to satisfy parking requirements with in-lieu fees shall not 94 City of Cloverdale Zoning Code
158
exceed the number of new unrestricted parking spaces that have been provided in the downtown or on streets adjoining the downtown after May 2005.
c. The total fee paid shall be the number of required spaces in Table 18.11.050- A. which are not provided on the applicant’s site times theparking fee as established in paragraph 4.a. above.

5. Upon City Council approval, and subject to applicable law, fees may be waived for nonprofit uses such as events, museum, library, or similar pedestrian attracting uses for the downtown.

E. Upon Planning Director approval, new projects are not required to follow requirements under Section 18.11.130 (Landscaping Requirements for Off-Street Parking) for parking lots with 30 spaces or less and where the majority of the parking area is behind a building fronting onto the street.

Section 18.11.090 Design and Paving Standards for Off-Street Parking Facilities A. Dimensions of Parking Spaces

1. Automobile Parking Spaces
The standard uncovered stall size is nine (9) feet by eighteen (18) feet. Stalls shall be designed in accordance with City specifications (see Figure 18.11.090-B). Compact parking stalls may be allowed in commercial/industrial applications up to a maximum of 20% of the required parking. The stall size for compact spaces is eight (8) by sixteen (16) feet. Any space abutting a fence, wall, or landscape area, shall be a minimum of 10 feet wide. Covered parking spaces shall be a minimum of ten (10) feet by twenty (20) feet.

2. Motorcycle Parking Spaces
Each motorcycle space shall have a minimum usable area of 56 square feet.

3. Handicapped Parking Spaces
The number and size of handicapped spaces is specified in Title 24, Section 2-07102 of the State Disabled Access Regulations.
95 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D.5
January 26, 2022
Agenda Section
Consent
Staff Contact
Vanessa Apodaca, Interim City Engineer/Public Works Director Susie Holmes, Finance Director
Agenda Item Title:

Appointing the Engineer of Work for the Cloverdale Landscaping and Lighting Assessment District for Fiscal Year 2022-23.

Recommended Council Action:

Adopt a resolution titled, “A Resolution of the City Council of the City of Cloverdale appointing Coastland Civil Engineering as the Engineer of Work for the City Of Cloverdale Landscaping and Lighting Assessment District and Directing the preparation and filing of the Engineer’s Report for Fiscal Year 2022-23 (Pursuant To The Landscaping And Lighting Act Of 1972).”
Summary:

The Cloverdale Landscaping and Lighting Assessment District (“District”) was initially formed by the City in 1997 in accordance with the Landscaping and Lighting Act of 1972 (“Landscaping and Lighting Act”) to pay for costs associated with maintaining landscaping and maintenance in the creek area associated with Jefferson Springs IV Subdivision (Zone 1). Additional zones have been annexed into the District over time and there are currently a total of seven zones in the District.

The Landscaping and Lighting Act requires that the City undertake certain proceedings for any fiscal year in which assessments are to be levied and collected. These proceedings are typically accomplished at three separate Council meetings with the following actions:
1) Adopt a resolution appointing the Engineer of Work and directing the preparation of the annual Engineer’s Report.
2) Approve the Preliminary Engineer’s Report, declare the City Council’s intent to levy assessments and set a date for a public hearing.
3) Conduct a public hearing, approve the Final Engineer’s Report and authorize the levying and collection of assessments for the upcoming fiscal year.

The attached resolution begins the proceedings for the 2022-23 Fiscal Year. The Engineer’s Report will analyze the anticipated FY 2022-23 costs for each zone in the District and determine the corresponding assessment amounts. The City Council can make changes to the Engineer’s Report once it has been prepared and filed.

There are no annexations to the District anticipated for FY 2022-23.

The City Council has appointed Coastland Civil Engineering as the Engineer of Work for these proceedings since 1997 and they have demonstrated the expertise necessary to perform the work.

Alternative Options:

1. Reject recommended resolution

2. Provide alternative direction to staff.
96 City Council/Successor Agency Agenda Item Summary
Meeting Date: January 26, 2022
Item No. D.5

Budget/Financial Impact:

All costs associated with these annual proceedings, the annual operation, maintenance and administration of the Landscaping and Lighting Assessment District are recovered from the annual assessments levied on the properties within the District. The proposal for the FY 2022-23 Engineer’s Report is $17,213.

Subcommittee Recommendation:

This item was not included in the PW Subcommittee agenda. The schedule for delivery of the Engineer’s Report requires appointing the Engineer of Work in early 2022.

Attachments:

1. Resolution

2. Engineering Proposal
97 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____–2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPOINTING COASTLAND CIVIL

ENGINEERING AS THE ENGINEER OF WORK FOR THE CITY OF CLOVERDALE LANDSCAPING AND

LIGHTING ASSESSMENT DISTRICT AND DIRECTING THE PREPARATION AND FILING OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2022-23
(PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, the City Council ordered the formation of the Assessment District during September 1997 to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, pursuant to Section 22622 of the Streets and Highways Code, the City Council must annually appoint the Engineer of Work and direct the preparation and filing of the annual Engineer’s Report to levy and collect assessments on any following fiscal year; and WHEREAS, it is anticipated that there will be no annexations into the Assessment District in FY 2022- 23; and
WHEREAS, Coastland Civil Engineering has demonstrated the expertise necessary to prepare the annual Engineer’s Report; and
WHEREAS, Coastland Civil Engineering provided a scope of work to prepare the annual Engineer’s Report attached hereto as Exhibit “A”.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby appoint Coastland Civil Engineering as the Engineer of Work for the City of Cloverdale’s Landscaping and Lighting Assessment District and does hereby direct it to prepare and to file the Annual Engineer’s Report for Fiscal Year 2022-23 showing any changes, pursuant to Section 22622 of the Streets and Highways Code.

It is hereby certified that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on this 26th day of January 2022, by the following Roll Call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
Exhibit A – Coastland Civil Engineering Scope of Work
Attachment 1
98 Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961 www.coastlandcivil.com
January 4, 2022
Ms. Vanessa Apodaca
City Engineer
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
(Submitted via email to [email protected])
RE: Proposal for Assessment Engineering services for FY 2022-23 Cloverdale Landscaping and Lighting Assessment District Dear Vanessa,
We have prepared this letter proposal for assessment engineering work associated with the FY 2022-23 Cloverdale Landscaping and Lighting Assessment District (District). As Coastland has been assisting the City with their assessment district engineer’s reports for over 20 years, we are very familiar with the requirements of the Government Code regulations and the City’s procedures.

Each year, State requirements must be met, the annual engineer’s report written noting any new zones or changes within existing zones, budgets must be established, fund balances must be calculated and assessments must be determined. It is our understanding that there will be no annexations into the District for FY 2022-23. Accordingly, no public information meeting or balloting will be required.

Based on our understanding of your needs, the following is our proposed scope of work to complete proceedings to levy and collect assessments for FY 2022-23:

SCOPE OF WORK
Task 1 - Meet and Coordinate with City Staff
Both at the onset of our work, as well as throughout the proceedings, we anticipate meeting with City staff by phone to ensure full coordination of the project. In the initial meeting we will review the proposed timeline for the proceedings, detail the scope of activities and responsibilities, confirm there are no new subdivision annexations and provide the budget worksheets for the City staff to complete for those improvements to be financed by the district. We will coordinate with the City to help them address the necessary apportionment of general and special benefits for the maintained improvements within each zone. Coordination will be important both with the City Council meetings and the timing of the Public Noticing as required by the provisions regulating the Landscaping and Lighting Act of 1972 (Act).

Attachment 1
99 Task 2 - Preparation of Agenda Reports and Resolutions for Three City Council Meetings In accordance with the provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code, the annual proceedings to levy and collect assessments typically require three separate City Council actions. We will prepare the draft agenda reports and resolutions for the three City Council meetings for the City’s review and comment. The resolutions for the second and third council meetings will be divided by Zone groupings, as specified by the City, to avoid Council member conflicts of interest. The final draft documents will be provided to the City electronically. We will meet the City Council agenda timeline as prescribed to us. Once the City approves each respective agenda report and resolutions, the City will complete the processing of the necessary approvals. The City will provide Coastland with electronic file copies and hard copies of the final agenda reports and final, signed resolutions after each of the three City Council meetings.

Task 3 - Background Information
During the development of the Engineer’s Report, we will need to gather all the appropriate background information. This information will be gathered primarily through the Public Works and Finance staff at the City and through the County of Sonoma Assessor’s Office. This collected information includes completed FY 2022-23 budget worksheets, clarification of land use changes of existing parcels based on Sonoma County Land Use codes, necessary assessor parcel information, internal City procedures or formats and any other pertinent information necessary for inclusion within the Engineer’s Report.

Task 4 – Budgets
Once the background information is collected, we will apply the budgets for each zone for maintaining District improvements. We apply the rational provided by the City for apportioning the percentage of general benefit verses the special benefits to the overall budgets for each zone so that only cost related to special benefits are applied to each zone’s budget and resulting assessments. The budget items will be shown in the City’s line item budget format if desired, to allow easy comparison with City wide budgets and will separate maintenance costs from overhead costs for the upcoming fiscal year. We will use the methodology described in the previous year’s Engineer’s Report to equitably spread special benefit costs to each parcel within each Zone. The budgets in the Engineer’s Report will be shown in detail form along with a summary of fund balance for each Zone to provide as much information as possible. We understand the City may be holding public information meetings and that Coastland is not anticipated to be required at these meetings.

Task 5 – FY 2022-23 Engineer’s Report
The existing District maps (Assessment Diagrams) outlining those parcels included in the District will be revised as necessary. If required, the City will provide the CAD drawings of any final maps outlining new parcels subdivided within the District for FY 2022-23. These drawings will be used to formulate the maps as required in the Engineer’s Report.

All the budgeting information as mentioned in Task 4 will be included within the Engineer’s Report, as well as background on the formation of the District, narrative description of the Zones, the improvements maintained within each Zone, a discussion of general benefits verses the special benefits conferred to the parcels within each Zone, any improvements or changes proposed within each Zone for FY 2022-23 and a listing of the specific assessment that will be levied on each of 100
the parcels within the District for FY 2022-23. The FY 2022-23 Engineer’s Report will include all items as required in Sections 22565 through 22574 of the Streets and Highways Code.

For the second City Council meeting, a draft Preliminary Engineer’s Report in electronic PDF form will be forwarded to the City for review and comment. Once finalized, two electronic PDFs of the signed Preliminary Engineer’s Report will be submitted to the City for preliminary approval, one including the spread of assessments, and one without. It is understood that no paper copies are required of the Preliminary Engineer’s Report. At the third City Council meeting (Public Hearing) two signed For Final Approval Engineer’s Report in PDF format will be forwarded to the City for distribution, one including the spread of assessments and one without. Once approved, three original signature bound copies of the Final Engineer’s Report will be sent for certifications, typically by the City Clerk. One signed copy is for the City Clerk’s files, one is for the Public Works/City Engineer and the other is to be returned for our files. Two pdfs of the final, signed Engineer’s Report will be forwarded to the City, one including the spread of assessments, and one without.

Task 6 – Preparation of Ballots
Because no annexations are anticipated, this task will not be required for FY 2022-23.

Task 7 – Public Information Meeting
Because no annexations are anticipated, this task will not be required for FY 2022-23.

Task 8 – City Council Meetings
At the first City Council meeting, the City appoints the engineer of work and directs the preparation and filing of FY 2022-23 Engineer’s Report. Since this action is typically conducted as a consent item, our attendance is not typically required at this meeting. At the second City Council meeting, the annual Engineer’s Report is typically preliminarily approved. As requested in the past, we will attend this meeting to assist City staff in answering any questions the City Council may have. At the third City Council meeting (Public Hearing), the Engineer’s Report is finally approved and the FY 2022-23 levy of assessments is authorized. We anticipate attending the third City Council meeting (Public Hearing) to assist City staff in answering questions the City Council and the public may have regarding the Engineer’s Report, and the annual proceedings. If required, we can assist the City in the preparing of the Public Hearing Notice. The City will be responsible for the publication of the notice in a timely manner to meet state requirements.

Task 9 – Information to Sonoma County Assessor’s Office Once the City Council approves the FY 2022-23 Engineer’s Report at the Public Hearing and authorizes the levying and collecting of the annual assessments to parcels within the District, we will compile the necessary digital information in the format desired by the Sonoma County Assessor’s Office and transfer this information to the Sonoma County Assessor’s Office for inclusion on the tax rolls for FY 2022-23. Certified copies of the final authorizing resolutions to levy and collect assessments will be needed from the City in order to accompany the assessment rolls to Sonoma County.
101

PROJECT FEE
Based upon our described scope of work, we propose to provide our professional engineering services on a time and materials basis not to exceed $17,213.00. The total amount we have specified is only for our described Scope of Work. If you request work to be performed outside the scope of work or if the scope of work changes, we reserve the right to negotiate the cost for the extra work. Please note that any reimbursable costs will be billed on an as-incurred basis plus 15%. We have a budget allowance of $600 for these costs included in the quoted amount above. Please note, all costs including this proposed fee associated with these proceedings, are recovered from the annual assessments levied and collected during FY 2022-23 from the parcels within the District.

SCHEDULE
Information will be electronically transmitted to the County Assessor’s office during July and August. We will complete all work associated with this year’s Engineer’s Report by mid-August 2022.

We hope this proposal meets with your approval. If you have any questions regarding this proposal, please let me know. We appreciate the opportunity to serve the City and look forward to completing this important project for the City.

Sincerely,
Paul W. Wade, P.E.

Principal
F:\Proposal\Public\Cloverdale\LLAD\2022-23\Cloverdale LLAD 2022-23 Proposal.Docx 102
City Council/Successor
Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

D.6
January 26, 2022
Agenda Section:

Consent
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title:

Approve an agreement with Westgate Petroleum to provide and deliver gas and diesel for City vehicles, equipment and generators.
_______________________________________________________________________________________ Recommended Council Action(s): Adopt a resolution titled, “A resolution of the City Council of the City of Cloverdale approving a professional services agreement with Westgate Petroleum Company to provide fuel for all City of Cloverdale vehicles and equipment in an amount not to exceed fifty-two thousand dollars ($52,000) and authorize the City Manager to execute said agreement”. ________________________________________________________________________________________ Background:

The City of Cloverdale maintains fuel tanks at the Corporation Yard on Asti Road to support the fueling needs of the city with the exception of airport fuel (avgas). The city budgets approximately $90,000 annually for the purchase of fuel (diesel and regular) for City vehicles, equipment and generators. The City has historically procured fuel for city operations directly from local supplier Renner Petroleum. Renner supplied delivered fuel on an as needed basis to the Public Works Corporation Yard fuel tanks. ________________________________________________________________________________________ Summary:

Renner Petroleum informed the City that they are selling the portion of their business that makes fuel deliveries and will no longer offer fuel delivery service to the City. In response, staff solicited three bids reached from fuel service providers:

Redwood Coast Fuels (RelaDyne Company)
Regular Unleaded: $4.82
Clear Diesel: $4.87
Westgate Petroluem
Regular Unleaded: $4.43
Clear Diesel: $4.01
Site Fuel
Company felt that they could not match the above pricing (non-responseive0 Staff reviewed the quotes and determined that Westgate Petroleum offered the most favorable pricing structure for supplying and delivering fuel to the City. ________________________________________________________________________________________ Options:

None recommended
________________________________________________________________________________________ 103
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 26, 2022
Item No. D.6

Subcommittee Recommendation:

None
________________________________________________________________________________________ Budget/Financial Impact:

The adopted fy 2020-21 City budget allocates the purchase of fuel across various funds. The City has spent approximately $36,000 on fuel during this fiscal year and has approximately $54,000 available in the budget for fuel purchases through the remainder of the fiscal year. ________________________________________________________________________________________ Attachments:

1. Resolution

2. Professional Service Agreement with Westgate Petroleum Company 104

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2022

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

PROFESSIONAL SERVICES AGREEMENT WITH WESTGATE PETROLEUM COMPANY TO

PROVIDE FUEL FOR ALL CITY OF CLOVERDALE VEHICLES AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED FIFTY-TWO THOUSAND DOLLARS ($52,000) AND AUTHORIZE

THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City needs fuel delivered to the City of Cloverdale Corporation Yard twice a week to ensure that all vehicles, equipment and generators are operational; and WHEREAS, the City has a budget for fuel the fuel is allocated based on actual usage to various departments; and
WHEREAS, Westgate Petroleum Company provided a competitive quote for fuel delivery services to the City of Cloverdale; and
WHEREAS, Westgate Petroleum Company is qualified to provide/perform fuel delivery service to the City of Cloverdale
WHEREAS, Westgate Petroleum Company has agreed to supply and deliver fuel to the City for the remainder of fiscal year 2021-22 in an amount not to exceed fifty-two thousand dollars ($52,000).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a Professional Services Agreement with Westgate Petroleum Company to provide and deliver gas and diesel fuel and authorizes the City Manager to execute said agreement on behalf of the City.

The foregoing Resolution No. ____-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 26th day of January 2022 by the following roll call vote:

Ayes: (_)ri, Councilmember Cruz, Councilmember Turner, Vice Mayor Wolter and Mayor Bagby Noes: (_) None

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
105
1 CITY OF CLOVERDALE

PROFESSIONAL SERVICES AGREEMENT
WITH
Westgate Petroleum Company, Inc
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into and effective as of ____________________, 2022 by and between the City of Cloverdale, a municipal corporation (“City”) and Westgate Petroleum Company, Inc (“Consultant”) (collectively, the “Parties”).

WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein.

THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows:

1. Services. Consultant shall provide the professional services as described in and in accordance with the schedule set forth in Exhibit A, attached hereto and incorporated herein (“Services”).

2. Compensation.

A. For the full performance of the Services described in Exhibit A hereto City shall compensate Consultant on a time-and-materials basis at the compensation rates specified in Consultant’s Services Rate Schedule included in Exhibit A; provided, however, that total compensation for the full performance by Consultant of the Services shall not exceed $52,000.00 said amount being referred to herein as the “not-to-exceed” amount.

B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable.

C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed the “not-to-exceed” amount specified in Paragraph A, above, without prior written authorization of the City Manager.

D. City’s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. Notwithstanding any other provision herein, Consultant shall not be paid any compensation until Consultant has complied with the City's Business License requirements.

3. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2022 unless sooner terminated in accordance with Section 4. Upon termination, Attachment 2
106
2 any and all of City’s documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement.

4. Termination. City may terminate this Agreement without cause upon ten (10) days’ written notice. City may immediately terminate or suspend this Agreement for cause.

Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant’s bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services.

5. Consultant’s Representation; Independent Contractor. Consultant represents that Consultant possesses distinct skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant, its agents and employees shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment.

6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same.

7. Licenses, Permits, Etc. Consultant shall, at Consultant’s sole cost and expense, keep in effect and require its subcontractors, if any, to keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services.

8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant’s obligations pursuant to this Agreement.

9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement.

10. Progress Reports. Upon the City’s request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, 107
3 recommendations, analyses, progress and conclusions related to Consultant’s performance of the Services.

11. Confidentiality. In the course of providing services for City, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services.

12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest.

Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement.

13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant’s profession or, if no such professional standard, in a manner consistent with the standards applicable to said Consultant or type of work. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared to comply and conform to the standards of Consultant’s type of work. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same.

15. Assignment/Transfer. Consultant shall make no assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City.

16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of the City.

Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement. Upon execution of this Agreement, Consultant shall furnish a separate schedule of names and addresses of subcontractors, if any, and shall notify City in advance if changes in subcontractors occur.

17. Statement of Economic Interests. The City may determine that the Consultant must file a Form 700, Statement of Economic Interests, as required by the City’s Conflict of Interest Code. If such is the case, the City Clerk's office will provide the Consultant with form and Consultant shall file form with the City Clerk’s office. Said filing shall include an Assuming Office Statement within thirty (30) days of execution of this contract, annual statements on or before April 1 of each year, and a Leaving Office Statement within thirty (30) days after termination of this Agreement or any extensions thereto. 108
4 18. Internal Revenue Service Form W-9. The City may determine that the Consultant must file an Internal Revenue Service Form W-9, Request for Taxpayer Identification Number and Certification, as required by the City to comply with regulations of the United States Department of the Treasury. If such is the case, the Administrative Services Department shall provide the Consultant with the required form. Consultant shall complete and file the form with the City before any payment for Services under this Agreement is rendered.

19. Business License. Consultant shall file and require all its sub consultants to file, a Business License Application as required by the City and shall pay or cause to be paid the business license fee(s) before any payment for Services under this Agreement is rendered.

20. Compliance With All Laws. Consultant and any subcontractors shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to performance of the Services required hereunder, including the Americans with Disabilities Act and any copyright, patent or trademark law. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. Consultant’s failure to comply with any law(s) or regulations(s) applicable to the performance of the Services hereunder shall, at the discretion of the City, be deemed to constitute a breach of contract.

Such laws include, but are not limited to, the California Prevailing Wage Law, California Labor Code section 1720 et seq. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of section 1720(a)(1) of the California Labor Code.

Therefore, the services described in Exhibit A shall be performed in accordance with all applicable requirements of the California Prevailing Wage Law including, but not limited to, all applicable requirements contained in Exhibit B, which is attached to and made a part of this Agreement. To the extent that any other government agency or entity provides compensation for any services, consultant shall comply with all rules and regulations applicable to such fiscal assistance.

21. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law.

22. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by:

A. Personal delivery, in which case notice is effective upon delivery; 109
5 B. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; C. Nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service;
D. Facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day; or E. Email, deemed delivered upon transmittal.

City: Department Director
David Kelley
Consultant:
(707) 894-1710
[email protected]
Claude Brown
Westgate Petroleum Company, Inc
3740 Highland Springs Rd
Lakeport, CA 95453

23. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement (collectively "Project Documents"), shall be the property of the City and may not be used by Consultant without the written consent of City. Consultant shall provide documents in electronic form in a format required by the City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his/her designated representative. City agrees to indemnify and hold Consultant harmless for claims resulting from City's alteration for another City project, of said Project Documents. Consultant may keep a copy of such Project Documents for its records.

24. Internet-Ready Deliverables. If applicable to this Agreement, each contract deliverable shall be delivered as a data file suitable for publication on the Internet. The following specifications define the formats that satisfy this requirement:

A. Brochures, reports, plan documents, catalogues, flyers with graphics included, and forms are to be formatted as screen-optimized “.pdf” files, if possible. 110
6 B. Freestanding, individual graphics such as logos, small maps and photos are to formatted as “.tif” files, with the largest side no larger than four inches.

C. Large maps are to be formatted as “.jpg” files with the largest side no larger than four inches, unless mutually agreed otherwise by the Parties.

D. Short text documents with no graphics are to be in MS Word 2016 or later.

E. Freestanding charts, graphs and listings are to be in MS Excel 2016 or later.

25. Indemnification. To the fullest extent allowed by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, with to the extent caused by Consultant's negligent performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the negligence or willful misconduct of City.

A. The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant.

The Consultant must respond within thirty (30) days to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City.

If the Consultant fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. Furthermore, Consultant and Subcontractors’ obligations to indemnify and defend the City are binding on their successors and assigns and shall survive the termination or completion of this Agreement for the fullest extent and duration allowed by law.

B. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

C. Notwithstanding the foregoing, to the extent that this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of Consultant to indemnify shall only be to the full extent permitted by Civil Code Section 2782.8.

D. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations 111
7 contained in this Agreement. If any term of portion of this section is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, said section shall be interpreted to allow the broadest indemnity permitted by law.

26. Insurance. Consultant 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 Consultant, Consultant’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 number CA 0001 (Ed. 12/90) 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 Consultant shall sign a declaration as provided by the City.

4. Professional liability insurance appropriate to the Consultant’s profession.

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

1. General Liability: $2,000,000 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: $2,000,000 per accident for bodily injury and property damage.

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

4. Professional liability: $1,000,000 per occurrence or claim as approved by the City’s Risk Manager.

C. Umbrella or Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s insurance or self-insurance shall be called upon to protect it as a named insured.
112
8 D. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of liability. The City reserves the right to request a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to so exercise later.

E. Other Insurance Provisions.

1. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its officers, officials, and employees (the “Additional Insureds”) are to be covered as insureds as respects: liability arising out of work or operations as performed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.
b. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.

The Additional Insured coverage under the Consultant’s policy shall be at least as broad as ISO Form CG 20 01 04 13.
c. Consultant’s policies 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.

2. The Workers’ Compensation endorsement shall contain a Waiver of Subrogation against the City. The Consultant shall provide to the City an endorsement from the Workers’ 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.

3. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits included above shall be available to the City. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

F. 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. 113
9 G. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms conforming 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 request complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

H. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor prior to commencement of subcontractor’s work. Consultant agrees to include with all subcontractors in their subcontract the same requirements stated herein including the indemnity and insurance requirements. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of these indemnity and insurance provisions shall be furnished by Consultant to any subcontractor. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and Consultant shall maintain proof of compliance.

27. Amendment. This Agreement may be amended only by a written instrument executed by both Parties.

28. Litigation. If litigation ensues between City and a third-party which pertains to the subject matter of Consultant’s services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee.

29. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement.

30. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Cloverdale. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California.

31. Non-Waiver. The City’s failure to enforce any provision of this Agreement or the waiver thereof 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.

32. 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. 114
10 33. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create, any benefit or right in any third party.

34. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally.

35. Consultant’s Books and Records.

A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Administrative Services Director, or a designated representative of these officers.

Copies of such documents shall be provided to the City for inspection at Cloverdale City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by the City. Access to such records and documents shall be granted to any Party authorized by Consultant, Consultant’s representatives, or Consultant’s successor in interest.

36. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein.

37. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or completion of this Agreement for the fullest period of time allowed by law.

38. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to 115
11 the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard.

39. Electronic Signatures. This Agreement may be signed by an electronic signature as defined in California Civil Code Section 1633.2 unless, in the City’s discretion, the City requires that it be signed by a digital signature that complies with the requirements of California Government Code Section 16.5 and its implementing regulations, as the same may be amended from time to time.

IN WITNESS WHEREOF, the Parties have executed this document to be effective as of the day, month and year first entered above.

Consultant City of Cloverdale
Claude Brown David Kelley
Westgate Petroleum City Manager
Attest:
___________________________________
Jill Garibaldi
City Clerk
Approved As to Form:

Jose M. Sanchez
City Attorney
116
12 EXHIBIT A

SCOPE OF SERVICES AND SCHEDULE
117
Your Value Added Service
Solutions
Prepared especially for

CITY OF CLOVERDALE
Presented by
Westgate Petroleum
Since 2003
Serving Northern California and Central Valley
1-707-263-6512
118
Westgate Petroleum
707-263-6512
January 11, 2022
Ms. Sandy Dersham

CITY OF CLOVERDALE
124 N Cloverdale Blvd.

Cloverdale, CA 95425
Dear Ms. Dersham :

At your invitation I have put together the following proposal for Westgate Petroleum to assist CITY OF CLOVERDALE achieving your business objectives. We are excited by the opportunity to show you ways Westgate Petroleum can provide you the service you deserve.

I want to thank you for your time and valuable input to make this proposal accurate.

This document represents our best understanding of CITY OF CLOVERDALE needs we documented to prepare this proposal. This proposal must be considered a working document that will change if we missed some of your needs to allow Westgate Petroleum to be considered as your supplier. This proposal may be modified to provide the best results and we feel confident that we can find common ground.

We look forward to beginning work with you and your team and forging a strong alliance!
Sincerely,
Claude Brown
Westgate Petroleum
119
CITY OF CLOVERDALE Value Added Proposal
Westgate Petroleum City Of Cloverdale Proposal.doc1/11/2022 10:34 AM Page 3 Investment to Meet Your Needs and Future Challenges
Westgate Petroleum offers the following pricing for your organization gasoline and diesel deliveries. It would be based on OPIS San Franicisco daily rack average plus $ .38 cents per gallon and any applicable taxes and fee the city is required to pay.

As of today (01/11/22) the base price would be $3.5011 per gallon for the unleaded plus applicable taxes. And for the diesel $3.4317 per gallons plus any applicable taxes.

Thank you for the opportunity to meet your organization petroleum needs.

Also for your informationWestgate Petroleum is a supplier of the following products:

Gasoline,Diesel,Propane,Butane,Renewable Diesel, Avgas, Jet Fuel,Kerosene, Racing Gas, Ethanol Free Gasoline, Cardlock Services, Oils & Lubricants.
120
CITY OF CLOVERDALE Value Added Proposal
Westgate Petroleum City Of Cloverdale Proposal.doc1/11/2022 10:34 AM Page 4 Note: 1) Fuel cost can vary daily. All fuel prices are based on the daily rack price for the date of this proposal.
2) All above lubricant prices exclude taxes and the 24 cents per gallon California Recycling Fee and California crankcase fee of 04 cents.
3) Lubricant Drum deposit is $25.00.
4) All above prices are delivered. Minimum bulk lubricant order size is 150 gallons per product and 100 gallons for fuel. Less than minimum deliveries will be assessed an up charge.

Your Westgate Petroleum Value Added Services Team
Your Sales Representative: Claude Brown
Telephone Number:(Cell) 1-707-489-1361
Your Accounts Receivables Representative:

Telephone Number: 1-707-263-6512
24-Hour Contact Number: 1-707-263-6512
121
CITY OF CLOVERDALE Value Added Proposal
Westgate Petroleum City Of Cloverdale Proposal.doc1/11/2022 10:34 AM Page 5 Westgate Petroleum’s Value Added Services
 24 Hour/7 day per week customer contact system (707-263-6512)  Customer Business Center who can handle all your inquires and needs  A Service Organization focused on your needs
 Bill consolidation services
 Environmental Waste Disposal
 Used Oil, Filter and Anti-freeze disposal
 Keep empty services
 Extensive service area
 Employees focused on meeting your needs
 Servicing large multi-location customers
 Extended credit lines
 Specialty product delivery (Dust Control and environmental supplies) 122
13 EXHIBIT B

PROVISIONS REQUIRED FOR PUBLIC WORKS PROJECTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

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

B. By signing this Agreement, Consultant agrees that Consultant is aware of the provision of California Labor Code section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of the California Labor Code, and that Consultant will comply with such provisions before commencing performance of the Services.

C. The Consultant and its sub consultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. The services of the Consultant shall be done on or in the execution of a "public works" project as defined by Law. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and sub consultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. The Consultant shall be responsible for the compliance of its subcontractors. 3345358_2.dotx
123
City Council/Successor
Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

G.1
January 26, 2022
Agenda Section:

New Business
Staff Contact:

Susie Holmes, Finance Director
David Kelley, City Manager
Agenda Item Title:

American Rescue Plan Act (ARPA) Spending Plan
________________________________________________________________________________ Recommended Council Action(s):

Consider Adoption of a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Amending the Fiscal Year 2021-22 Budget Establishing Fund 260-Coronavirus State and Local Fiscal Recovery Fund (CSLRF), Incorporating One Million Thirty-Five Thousand and 00/100 dollars to the CSLRF fund (Fund #260-00-000-36620-000) and appropriating the CSLRF funds based on the American Rescue Plan Act Funding Matrix”.
________________________________________________________________________________ Background:

In March 2020, due to the rampant spread of the Coronavirus (Pandemic), a state of emergency was declared at the local, state, and federal levels and stay-at-home orders issued, which had an enormous impact on the local, state, and national economy as well as the City’s finances.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic. As part of the ARPA, the Treasury launched the “Coronavirus State and Local Fiscal Recovery Funds” (“CSLFRF”) program, which will provide over $350 billion in emergency funding for eligible state, local, territorial, and tribal governments.

The City’s CSLFRF allocation is $2,070,700 and the funds are to be received in two tranches. The first tranche (50%) was received on July 13, 2021, and the remaining half is expected in July 2022. The City has until the end of 2024 to obligate funds and until the end 2026 to spend the funds.

On January 6, 2022, the U.S. Department of Treasury adopted a final rule implementing the Coronavirus State and Local Fiscal Recovery Funds. The final rule responds to comments received on the interim final rule and will take effect April 1, 2022. The final rule allows for and makes changes to the Replacement of lost public sector revenue, recipients may determine their revenue loss by choosing to calculate their jurisdictions revenue loss each year or select a standard allowance of up to $10 million in aggregate, not to exceed award amount.

On October 13, 2021 and January 12, 2022 the Cloverdale City Council had a discussion about a spending plan and requested changes and asked that the plan be brought back at the next meeting. ________________________________________________________________________________ 124
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 12, 2021
Item No. G.1

Summary:

The City of Cloverdale is a Non-entitlement City and received its allocation of Coronavirus State and Local Fiscal Recovery Funds from the State of California rather than directly from the Treasury.

The City may utilize Coronavirus State and Local Fiscal Recovery Funds for eligible uses based on guidance issued by the Treasury to:

1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff.

2. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector.

3. Serving the Hardest-Hit Communities and Families by using funds to address the disproportionate public health and economic impacts of the COVID-19 pandemic on the hardest-hit communities, populations and households. Under this section, local governments may provide unique support on services within a Qualified Census Tract.

4. Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic.

5. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and,

6. 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.

As a non-entitlement city, the State of California Department of Finance will be submitting quarterly reports on spending to the Treasury on behalf of the City. The first report is due to the State on April 30, 2022. ARPA funds will also be subject to the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which will result in a Single Audit for the City. A Single Audit is an organization wide financial statement and federal awards audit of a non-federal entity that expends $750,000 or more in federal funds in one year. As a result of the ARPA program, the City will be subject to a Single Audit for FY 2021-22 and FY 2022-23.

The Finance Director has worked closely with multiple organizations, including the California Society of Municipal Finance Officers and the Government Finance Officers Association to understand ARPA Funding program rules and reporting requirements.

Through the discussions at both the October 13th and January 12th council meetings staff was directed to make changes to the Funding Matrix Plan and return to the next meeting based on several factor that included among other things, requests from non-profit organizations. 125
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 12, 2021
Item No. G.1

The Finance Director has determined based on the new “Final Rule” that the City may designate all ARPA funds received as lost revenue based on the following change (see page 4 of the SLFRF Final Rule Overview):

Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements and therefore is recommending this action for the benefit of City to ease the reporting requirements and ensure that no funds are returned based on time limit requirements.

The Finance Director is further recommending that the funds should be transferred as General Fund Balance – Committed any amounts committed can be spent for specific purposes determined by a formal action of the City Council.

City staff recommends that the Council take the following actions

1. Review and finalize the ARPA Funding Matrix;

2. Adopt the Resolution approving the budget amendment to incorporate Coronavirus State and Local Fiscal Recovery Funds in the Fiscal Year 2021-22 budget; and

3. Appropriate ARPA funding identified in the attached Funding Matrix. ________________________________________________________________________________ Options:

1. Amend the proposed expenditure plan and direct staff to adjust the budget amendment accordingly.

2. Provide alternative direction to staff
________________________________________________________________________________ Subcommittee Recommendation:

The Finance Administration and Police Subcommittee reviewed the Draft ARPA funding /expense plan on October 4, 2021.
________________________________________________________________________________ Budget/Financial Impact:

Receipt of the ARPA funds increased fund revenues in the ARPA Fund 260 in the current fiscal year budget. The fiscal impact will be determined on the spending plan approved as currently stated the General Funds would receive all funds to be used at Council discretion determined by a formal action of the City Council.
________________________________________________________________________________ Attachments:
126
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 12, 2021
Item No. G.1

1. Resolution

2. American Rescue Plan Act – Funding Plan Matrix 01.26.2022

3. U.S. Department of Treasury – Coronavirus State and Local Fiscal Recovery Funds:

Overview of the Final Rule
127

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING THE FISCAL YEAR 2021-22 ADOPTED BUDGET ESTABLISHING FUND 260 – CORONAVIRUS STATE AND

LOCAL FISCAL RECOVERY FUND (CSLRF), INCORPORATING ONE MILLION THIRTY-FIVE THOUSAND THREE HUNDRED FIFTY AND 00/100 DOLLARS ($1,035,350.00) TO THE CSLRF FUND (FUND #260-00-000-36620-000) AND APPROPRIATING THE CSLRF FUNDS BASED ON

THE AMERICAN RESCUE PLAN ACT FUNDING PLAN MATRIX
WHEREAS, On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic; and WHEREAS, as part of the ARPA, the Treasury launched the “Coronavirus State and Local Fiscal Recovery Funds” (“CSLRF”) program, which provided over $350 billion in emergency funding for eligible state, local, territorial, and tribal governments; and
WHEREAS, the City’s CSLRF allocation to the City of Cloverdale from the Treasury is $2,070,700; and
WHEREAS, CSLRF funds are to be received in two tranches. The first tranche (50%) was received on July 13, 2021, and the remaining half is expected to be received in July 2022; and WHEREAS, the City has until the end of 2024 to obligate funds and until the end 2026 to spend the funds; and
WHEREAS, On October 13, 2021, and January 12, 2022, the Cloverdale City Council reviewed a draft ARPA spending plans and requested various revisions to the spending plans to align with the Council’s funding priorities; and
WHEREAS, On January 6, 2022, the U.S. Department of Treasury adopted a final rule implementing the Coronavirus State and Local Fiscal Recovery Funds. The final rule allows for and makes changes to the Replacement of lost public sector revenue, recipients may determine their revenue loss by choosing to calculate their jurisdictions revenue loss each year or select a standard allowance of up to $10 million in aggregate, not to exceed award amount; and WHEREAS, City staff prepared an updated ARPA Spending Plan based on the final rule and is attached hereto as Exhibit A.

WHEREAS, a budget amendment is necessary to establish a new fund in the budget and increase revenue in the amount of One Million Thirty-Five Thousand Three Hundred Fifty And 00/100 Dollars ($1,035,350.00) to Fund 260-00-000-36620-000 and transfers out to the General Fund based on the Funding Plan Matrix; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby:

Attachment 1
128

1. approves a budget amendment to the FY 2021-22 budget to establish Fund 260 Coronavirus Local Fiscal Recovery Fund (Fund #260-00-000-36620-000);

2. incorporate the CSLRF funds received in the fiscal year 2021-22 budget in fund 260; and

3. Appropriate CSLRF funds in the same amount to the General Fund as depicted on the American Rescue Plan Funding Plan Matrix attached hereto as Exhibit A. 129

The foregoing Resolution No. ____-2022 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 26th day of January 2022 by the following roll call vote:

AYES: (_)
NOES: (_)
ABSTAIN: (_)
ABSENT: (_)
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Jill Garibaldi, City Clerk
Exhibit A – American Rescue Plan Funding Plan Matrix
130
Funding Categories: 19-20 20-21 21-22 22-23 23-24 24-25 Total Notes Replace Lost Public Sector Revenue
1,035,350 1,035,350
Total Lost Public Sector Revenue 2,070,700 Based on Final Rule Premium Pay for Essential Workers
One time bonuses 59,856 - All essential workers
Total Premium Pay 59,856
-
Water, Sewer, Broadband:

Broadband 162,000 Installation of Fiber to City Hall, PD and Corp Yard Sewer 250,000 Stormdrain installation @ Thyme Square
Water 100,000 650,000 395,873 Water Enterprise CIP Projects Park Water - Infrastructure 243,760 Irrigation, Plumbing Total Water, Sewer and Broadband 1,801,633
Public Health Expenditures:

COVID Supplies 9,473 23,719 Any non-FEMA reimbursable
Public Safety Employee COVID testing 18,480 21,840 Required weekly Public Safety employee testing Citrus Fair 5,000
Temporary Evacuation Point expenses related to opening during COVID Congregate and Non-Congregate Sheltering
Senior Center 25,000 -
La Familia Sana 75,000 -
Safety employee (PD-COVID related)
Total Public Health Related 178,511
-
Household -
Neighborhood Grant -
Utility Bill Relief 5,000 5,000 5,000 5,000 5,000 5,000 - Total Household 30,000
Totals by Fiscal Year 14,473 133,719 1,245,336 666,473 5,000 5,000 Total all expenditures 2,070,000
American Rescue Plan Act | Funding Plan 01.26.2022
131
Coronavirus State & Local
Fiscal Recovery Funds:

Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
132
2 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions.

The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program. 133
3 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Contents
Introduction ..................................................................................................................................................4 Overview of the Program..............................................................................................................................6 Replacing Lost Public Sector Revenue ..........................................................................................................9 Responding to Public Health and Economic Impacts of COVID-19.............................................................12 Responding to the Public Health Emergency..........................................................................................14 Responding to Negative Economic Impacts............................................................................................16 Assistance to Households ...................................................................................................................17 Assistance to Small Businesses...........................................................................................................21 Assistance to Nonprofits.....................................................................................................................23 Aid to Impacted Industries..................................................................................................................24 Public Sector Capacity.............................................................................................................................26 Public Safety, Public Health, and Human Services Staff .....................................................................26 Government Employment and Rehiring Public Sector Staff...............................................................27 Effective Service Delivery....................................................................................................................28 Capital Expenditures...............................................................................................................................30 Framework for Eligible Uses Beyond those Enumerated .......................................................................32 Premium Pay...............................................................................................................................................35 Water & Sewer Infrastructure ....................................................................................................................37 Broadband Infrastructure ...........................................................................................................................39 Restrictions on Use .....................................................................................................................................41 Program Administration .............................................................................................................................43 134
4 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.

EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water.

As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders.

KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below.

Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements.

Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.
135
5 U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis.

Further, the final rule provides a broader set of uses available for these communities as part of COVID19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.

Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.

Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.

Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.

FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program.

However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s website, for more information on compliance with the interim final rule and the final rule. 136
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Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific.

Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s formula, which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for “impacted” and “disproportionately impacted” classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services.
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• Eligible uses for assistance to impacted households include aid for reemployment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule.

Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working inperson in key economic sectors – who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program.

While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law.
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• For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability. • For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations.

Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the “period of performance.” In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information.
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Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency.

Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements.

In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services.

DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made.

1. Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance.

Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF’s smallest recipients.

All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase or decrease a recipient’s total allocation.

2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule.

Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule.

To calculate revenue loss at each of these dates, recipients must follow a four-step process:
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a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date:
𝑏𝑎𝑠𝑒 𝑦𝑒𝑎𝑟 𝑟𝑒𝑣𝑒𝑛𝑢𝑒 × (1 + 𝑔𝑟𝑜𝑤𝑡ℎ 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)
𝑛
12 The growth adjustment is the greater of either a standard growth rate—5.2 percent—or the recipient’s average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date.

Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022.

Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue (adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.

Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date.

The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section. 141
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SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.
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Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts.

The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.

In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted.

To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a nonexhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that experienced pandemic impacts and provide services to those classes. 1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section. 143
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Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions
• Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact. 2 Then, recipients should refer to the relevant
section for more details on each sub-category.

While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on “Framework for Eligible Uses Beyond Those Enumerated.” 2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact.
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RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.

Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
✓ Public telemedicine capabilities for COVID19 related treatment 145
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• Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’ behavioral health and recipients can provide these services to the general public to respond.

Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence – has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
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RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery.

The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as “impacted" households, communities, small businesses, and nonprofits.

At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because preexisting disparities exacerbated the impact of the pandemic. The final rule describes these as “disproportionately impacted” households, communities, small businesses, and nonprofits.

To simplify administration of the program, the final rule presumes that certain populations were “impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a nonexhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule.

As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses.
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Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the area’s median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible.

Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury’s standards. 3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year.
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newlyemployed workers, subsidized employment, grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfareinvolved families and foster youth & childcare facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement). 149
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Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5 benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.

Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.

The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds.
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Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.

Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8(which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
8 15 U.S.C. 632.
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✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees.

Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations.

Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts.
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Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.

Recipients should first designate an impacted industry and then provide aid to address the impacted industry’s negative economic impact.

This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services.

1. Designating an impacted industry. There are two main ways an industry can be designated as “impacted.”

1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.

2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency.

Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted.

2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry. 155
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Treasury recognizes the enumerated projects below as eligible responses to impacted industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated. 156
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PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government’s ability to deliver critical COVID-19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.

Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government, for the portion of the employee’s time spent responding to COVID-19. Recipients should follow the steps below.

1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees

2. Assess portion of time spent on COVID-19 response for eligible staff.

Recipients can use a variety of methods to assess the share of an employees’ time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position.

For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the 157
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employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID19. Primarily dedicated means that more than half of the employee, unit, or division’s time is dedicated to responding to COVID-19.

Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours.

3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees’ time spent on COVID-19 response, as calculated above, through the period of performance.

Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted prepandemic baseline. c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic. 158
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Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee’s pay, taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee’s regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met. • Covering administrative costs associated with administering the hiring, support, and retention programs above.

Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses.
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✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic.

Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds.

Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic’s public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class.

For ease of administration, the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable subcategory of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no preapproval is required for capital expenditures.

To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically:

If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. 161
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• Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures.

Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets.

Treasury presumes that the following capital projects are generally ineligible:
 Construction of new correctional
facilities as a response to an increase in
rate of crime
 Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
 Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. 162
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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible:

Step 1. Identify COVID-19 public health or
economic impact

2. Design a response that addresses or
responds to the impact
Analysis
• Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class

1. Identify a COVID-19 public health or negative economic impact on an individual or a class.

Recipients should identify an individual or class that is “impacted” or “disproportionately impacted” by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate public health or economic outcomes from the pandemic; Treasury recognizes that preexisting disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic.

The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance).

Recipients also have broad flexibility to identify a “class” – or a group of households, small businesses, or nonprofits – that experienced an impact. In these cases, the recipients should 163
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first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area.

Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients:
o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources.
o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services.

2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced 164
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the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. “Reasonably proportional” refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.

For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic. 165
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Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program.

Recipients should undergo the following steps to provide premium pay to eligible workers.

1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity of operations of essential critical infrastructure sectors.” These sectors and occupations are eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions.

2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and • Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by, patients, the public, or coworkers of the individual that is performing the work. 166
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3. Confirm that the premium pay “responds to” workers performing essential work during the COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker’s duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff.

Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers.
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Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.

Recipients may undertake the eligible projects below:

PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.

PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 168
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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.

Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess costeffectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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39 U.S. DEPARTMENT OF THE TREASURY
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Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake.

Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments.

BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure project:

1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment.

Recipients have broad flexibility to define need in their community. Examples of need could include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams.

2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds.

Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives. 170
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3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs.

CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software.

APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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41 U.S. DEPARTMENT OF THE TREASURY
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Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply.

OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury.

DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
 Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
 Occur at the regular time for pension
contributions but is larger than a regular
payment would have been

ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.

However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs. • Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that 172
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undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights). 173
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Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions.

TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.

TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality’s award and increase the state award amounts.

LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions.

NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the nonfederal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.

SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.

ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs. 174
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REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury.

Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.
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City Council
Agenda Item Summary
Agenda Item:

Meeting Date:

G.2
January 26, 2022
Agenda Section
New Business
Staff Contact
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir Hector Galvan, Parks Superintendent
Agenda Item Title:

Consider amending previous decision to purchase of a prefabricated Portland Loo restroom to traditional restroom for the Cloverdale City Plaza.

Recommended Council Action(s):

Discuss potential restroom types for City Plaza, and direct staff to return with budget amendment to begin the process of purchase and installation.

Summary/Background: On February 12, 2020, the City Council directed staff to 1.) proceed with a BID for the site work for a restroom at City Plaza 2.) purchase a Portland Loo restroom. Staff had identified a product known as the Portland Loo which is considered a “bare necessities” public restroom. The concept, which was designed and patented by the City of Portland, Oregon, with a contractor partner, is a stainless-steel facility with a single toilet and several other features that minimize opportunity for vandalism, bathing, extended occupancy, and other undesirable activities. These facilities have been successfully installed in various California cities including nearby Emeryville, Monterey and Arcata with favorable results. The City of Santa Rosa has identified an installation site and will be procuring a Portland Loo for that site.

Since that time, the Public Works subcommittee, has provided staff direction to consider a more tradition restroom similar to the facility at Vintage Meadows Park. The thought was a more traditional restroom facility would provide more privacy and would be more appropriate for the City Plaza. Like the Portland Loo, traditional prefabricated restrooms are built off site and placed using a crane. The site has been identified near the northern edge of the City Plaza (see attachment 1 site plan). While access to water and electricity are close to the site, wastewater access is further, and requires more evaluation.

Analysis: The installation of a restroom will be completed in two phases. During the first phase, site preparation, the area will be cleared, grubbed and a concrete pad will be installed. Utilities will be brought to the site following the specifications of restroom manufacturer. The first and second phase will be two separate procurements; the first isthe construction BID item for infrastructure, and the second will be the purchase of the restroom. Staff is proposing these two phases concurrently to expedite the process. If approved, staff will return on February 8th 2022, with a budget amendment for both the BID process, and the purchase of the restroom.

Staff has identified three potential restrooms for consideration ranging from approximately $149,945 to $274,000, see table below. Option 1 is the Portland Loo, Option 2 and 3 are different variations of the traditional restroom from the same manufacturer (see attachment 4 for renderings). The three options include fabrication and delivery of the unit to the site and in some cases, the installation.

Installation Estimates
Restroom Type Portland Loo Traditional Restroom
Model PS-021
Traditional Restroom
Model PS-022
Base price of $95,000 $150,000-180,000 $170,000-$200,000 Utility Work (Water, Sewer, Electrical) $22,000 - $25,000 $22,000 - $25,000 $22,000 - $25,000 Foundation (Slab, Finish) $7,200 - $9,000 $7,200 - $9,000 $7,200 - $9,000 Shipping (Packaging, Truck) $3,145 Included Included
Installation (Crane, Labor, Hookup) $3,600 ‐ $5,000 Included Included Engineering/BID Management $19,000 $30,000-$36,000 $34,000-$40,000 Total 1 $149,945 - $156,145 $209,200- $250,000 $233,200-$274,000 176
City Council/Successor Agency Agenda Item Summary
Meeting Date: January 26, 2022
Item No. G.2