Minutes — Cloverdale City Council, June 8, 2022

1 Cloverdale Performing Art Center
209 N. Cloverdale Boulevard Cloverdale, CA
www.cloverdale.net

MINUTES - FINAL

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, JUNE 8, 2022

OPEN SESSION
6:00 PM
A. OPENING PUBLIC SESSION.
• Call to Order:

Mayor Lands called the meeting to order at 6:00 p.m.
• Pledge of Allegiance:

Mayor Lands led the Pledge of Allegiance.
• Roll Call:

Present - Mayor Lands and Councilmembers: Bagby, Cruz, Palla Absent - Vice Mayor Wolter (Excused)
• Conflict of Interest Declaration:

None.
• Agenda Review:

None.

B. PUBLIC COMMENTS:

None.

C. PROCLAMATIONS/PRESENTATIONS:

C.1 Student Liaison Report
Student Liaison Núñez reported.

C.2 Certificate of Appreciation - Student Liaison Guadalupe Núñez Mayor Lands presented the Certificate to Student Liaison Núñez and Councilmembers commended Student Liaison Núñez for her service.

C.3 Proclamation - Pride Month 2022
Mayor Lands presented the Proclamation virtually to Adam Paulson.

Councilmembers commented on the proclamation.

C.4 Proclamation - Juneteenth
Councilmember Cruz presented the Proclamation to 100 Black Men Chapter President Arthur Chaney. Councilmembers commented on the proclamation.
2 D. CONSENT CALENDAR:

A motion was made by Councilmember Bagby, seconded by Councilmember Cruz, to waive reading of the text and adopt the Consent Calendar.

The motion carried by the following vote:

Ayes: 4 - Mayor Lands and Councilmembers: Bagby, Cruz, Palla

Absent: 1 - Vice Mayor Wolter
D.1 Minutes Approval
May 25, 2022 - Draft Minutes
Action - Approved as submitted.

D.2 Adoption of a Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23, Pursuant to Article XIIIB of the Constitution of the State of California.

Action - Resolution was adopted.

RESOLUTION NO. 052-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVERDALE ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23.

D.3 Contract with KLH Consulting, Inc. to provide Managed IT Services Action - Resolution was adopted.

RESOLUTION NO. 053-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KLH CONSULTING, INC. TO PROVIDE MANAGED IT SERVICES IN AN AMOUNT NOT TO EXCEED $192,000 FOR EACH FISCAL YEAR FY 2022-23 AND 2023-24 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT
D.4 Discussion and Consideration of the Adoption of City of Cloverdale Biennial Budget for the Fiscal Years 2022-23 and 2023-24
Action - Resolution was adopted.

RESOLUTION NO. 054-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE FISCAL YEARS 2022/23 AND 2023/24 BIENNIAL BUDGET D.5 Urban Growth Boundary (UGB) Mapping Error Correction for Assessor Parcel Number (APN) 117-040-055).

Action - Resolution was adopted.

RESOLUTION NO. 055-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE CORRECTING A MAPPING ERROR ON THE URBAN GROWTH BOUNDARY (UGB) MAP ASSOCIATED WITH 28165 OLD REDWOOD HWY (APN 117-040-055) E. COMMUNICATIONS:

City Manager Kelley presented.
3 F. PUBLIC HEARING:

None.

G. NEW BUSINESS:

G.1 Policy for the Outdoor Display of Flags by the City.

City Manager Kelley presented.

Councilmember Cruz noted for the record a previous request for policy provided.

Staff and City Attorney Sanchez responded to Councilmember inquiries.

Councilmembers considered the item and provided direction to Staff, including moving forward with development of a policy at a future Police, Finance, and Administration Subcommittee.

Mayor Lands opened a Public Comment period.

James Rugino commented on the item.

G.2 Voluntary Water Sharing Program and Agreement
City Manager Kelley introduced the item.

West Yost Consultant Biagtan, Heger, and Hilton presented.

Staff and Consultants responded to Councilmember inquiries and comments.

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

RESOLUTION NO. 056-2022 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING PARTICIPATION IN THE UPPER RUSSIAN RIVER 2022 VOLUNTARY

WATER SHARING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOLUNTARY WATER SHARING AGREEMENT.

The motion carried by the following vote:

Ayes: 4 - Mayor Lands and Councilmembers: Bagby, Cruz, and Palla

Absent: 1 - Vice Mayor Wolter
H. SUBCOMMITTEE REPORTS:

Finance, Administration & Police - 1st Monday each month at 1:30 p.m.

Mayor Lands Reported. Potential Special Meeting in June or July.

Next Meeting - June 6th, 2022 (Cancelled), July 4th, 2022 (Cancelled) Planning & Sustainability - 3rd Tuesday bi-monthly at 1:30 p.m.

Councilmember Bagby reported
Next Meeting - June 21, 2022
Public Works & Facilities - 4th Tuesday each month at 1:30 p.m.

Councilmember Palla reported.

Next Meeting - July 26, 2022
4 Joint City/Cloverdale Fire District - 2nd Monday every 4th month at 5:30 p.m.

Councilmember Cruz reported.

Next Meeting - June 13, 2022
Joint City/Cloverdale Unified School District - 3rd Monday bi-monthly at 4:30 p.m.

Councilmember Palla reported.

Next Meeting - TBD
Homelessness Community Advisory Group - 2nd Tuesday each Month at 1:30 p.m.

Mayor Lands reported
Next Meeting - June 14, 2022
I. COUNCIL REPORTS:

Mayor Lands and Councilmember Cruz reported.

J. INFORMATIONAL REPORTS:

None.

K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:

Councilmember Bagby and Councilmember Palla reported.

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

City Attorney Sanchez reported.

M. STATUS UPDATES:

CURRENT IMPACTS TO WATER SUPPLY:

None.

COVID-19 EMERGENCY:

None.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

Councilmember Cruz requested multiple Subcommittee considerations and pursuing improved Tribal relations. Mayor Lands and Councilmember Bagby requested the development of delegating legislative authority guidelines for Cloverdale representatives. Mayor Lands and Councilmember Palla requested analysis and presentations regarding water conservation, rate increases, and the Water Department operational budget.

Staff provided recommendations for bringing items to Subcommittees and Council.

O. ADJOURNMENT:

Mayor Lands adjourned the meeting at 7:58 p.m.

Approved On: June 22, 2022
___________________
Mike Maloney
City Clerk
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
OPEN SESSION:

THIS MEETING IS OPEN TO THE PUBLIC IN

PERSON AND VIA THE ZOOM LINKS BELOW
6:00 PM
PUBLIC PARTICIPATION:

City Council welcomes your interest, attendance, and participation at Public Session Meetings.

Attendees may join in-person at the Cloverdale Performing Arts Center - 209 N. Cloverdale Blvd, virtually at www.zoom.us/join, or by telephone: 1-(669) 900-6833, both using Meeting ID: 886 4841 6804, or directly at https://us02web.zoom.us/j/88648416804?pwd=QjFHTkt1TGIwMVN4V1lQR0FLRmw1UT09.

Regular City Council meetings are also streamed on YouTube via live webcast at cloverdale.net/youtube.

Members of the public can provide comment on an agenda item in-person or online via Zoom during the public comment periods. Zoom attendees will be muted until they are called upon by the Mayor or City Clerk. To make a public comment on Zoom, use the raise hand icon, or dial*9 if you are calling in. Please state your name for the record. Once you start, you will have three (3) minutes to speak. Please note the Council is unable to respond directly to questions or enter into dialogue with commenters. Written comments may alternatively be submitted prior to the meeting via email to the City Clerk at [email protected]. Please note, all written comments received are considered public records and subject to disclosure under the California Public Records Act.

Council may recess for breaks and matters on the agenda may be taken out of order.

Members of the City Council may participate in the meeting in person or via Zoom consistent with the provisions of Assembly Bill 361 amending the Brown Act.

A. OPENING PUBLIC SESSION.

Call to Order
Pledge of Allegiance
AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, JUNE 8, 2022

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 Roll Call
Conflict of Interest Declaration
Agenda Review (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 Fme. Members of the public have the right to speak on any item on the Council Agenda at the Fme 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:

C.1 Student Liaison Report
C.2 Certificate of Appreciation - Student Liaison Guadalupe Núñez C.3 Proclamation - Pride Month 2022
C.4 Proclamation - Juneteenth
D. CONSENT CALENDAR: All items under Consent Calendar will be considered together by one acFon of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.

D.1 Minutes Approval
May 25, 2022 - Draft Minutes
D.2 Adoption of a Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23, Pursuant to Article XIIIB of the Constitution of the State of California.

Recommended Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Establishing the Appropriation Limit for Fiscal Year 2022-23.

D.3 Contract with KLH Consulting, Inc. to provide Managed IT Services Recommended Action(s):

Adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale Approving a Professional Services Agreement with KLH Consulting, Inc. to provide Managed IT Services in an amount not to exceed $192,000 for each fiscal year FY 2022-23 and 2023- 24 and authorizing the City Manager to execute said agreement” in a form approved by the Certificate of Appreciation - Student Liaison Guadalupe Nunez Proclamation - Pride Month 2022
Proclamation - Recognizing Juneteenth 2022
May 25, 2022 - Draft Minutes (Updated June 7, 2022)
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Appropriations Limit Calculation
Attachment 3 - May 2022 Price and Population Information 2 City Attorney.”
D.4 Discussion and Consideration of the Adoption of City of Cloverdale Biennial Budget for the Fiscal Years 2022-23 and 2023-24
Recommended Action(s):

Adopt a Resolution entitled “A Resolution of the City Council of the City of Cloverdale Adopting the Fiscal Years 2022/23 and 2023/24 Biennial Budget" D.5 Urban Growth Boundary (UGB) Mapping Error Correction for Assessor Parcel Number (APN) 117-040-055).

Recommended Action(s):

Adopt the attached Resolution titled “Resolution of the City Council of the City of Cloverdale Correcting a Mapping error on the Urban Growth Boundary (UGB) map associated with 28165 Old Redwood Hwy (APN 117-040-055)" 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: None.

G. NEW BUSINESS:

G.1 Policy for the Outdoor Display of Flags by the City.

Recommended Action(s):

Discuss Policy Considerations for Development of a Policy for the Outdoor Display of Flag by the City of Cloverdale and Provide Direction to City Staff on Next Steps.

G.2 Voluntary Water Sharing Program and Agreement
Agenda Report
Attachment 1 - Resolution
Attachment 2 - KLH Managed IT Services Agreement
Attachment 3 - KLH Executive Summary
Attachment 4 - KLH Serve Rate Schedule
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Budget Goal Statements
Attachment 3 - Draft Operating Budget
Agenda Report
Attachment 1 - Resolution and Exhibit A
Agenda Report
Attachment 1 - Healdsburg Flag Policy
Attachment 2 - Town of Windsor Policy
3 Recommended Action(s):

Adopt a Resolution entitled “A Resolution of the City Council of the City of Cloverdale Authorizing Participation in the Upper Russian River 2022 Voluntary Water Sharing Program and Authorizing the City Manager to Execute the Voluntary Water Sharing Agreement.”
H. SUBCOMMITTEE REPORTS:

Finance, Administration & Police - 1st Monday each month at 1:30 p.m.

Next Meeting - June 6th, 2022 (Cancelled), July 4th, 2022 (Cancelled) Planning & Sustainability - 3rd Tuesday bi-monthly at 1:30 p.m.

Next Meeting - June 21, 2022
Public Works & Facilities - 4th Tuesday each month at 1:30 p.m.

Next Meeting - July 26, 2022
Joint City/Cloverdale Fire District - 2nd Monday every 4th month at 5:30 p.m.

Next Meeting - June 13, 2022
Joint City/Cloverdale Unified School District - 3rd Monday bi-monthly at 4:30 p.m.

Next Meeting - July 18, 2022
Homelessness Community Advisory Group - 2nd Tuesday each Month at 1:30 p.m.

Next Meeting - June 14, 2022
I. COUNCIL REPORTS:

I.1 Reports:

J. INFORMATIONAL REPORTS:

K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:

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

M. STATUS UPDATES:

CURRENT IMPACTS TO WATER SUPPLY:

COVID-19 EMERGENCY
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

O. ADJOURNMENT: The next regular meeFng of the City Council and Cloverdale Community Development Successor Agency is scheduled for June 22, 2022.

Agenda Report
Attachment 1 - Memorandum to City Council and Exhibit A - Program Info Attachment 2 - Resolution and Exhibit A - Water Sharing Agreement Russian River Water Sharing Program Steering Committee Comments Presentation
Councilmember Palla
Councilmember Bagby
4 CERTIFICATE OF POSTING
I, Mike Maloney, 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; online at cloverdale.net/agendacenter and made available for public review at least 72 hours prior to the meeting as required by the Brown Act.

Date posted: Time posted: City Clerk Signature:

June 2, 2022 4:45 p.m. S/Mike Maloney

IMPORTANT NOTICES REGARDING CITY COUNCIL MEETINGS
DISABLED OR SPECIAL NEEDS ACCOMMODATION: In compliance with the Americans with DisabiliFes Act, if you need assistance to aSend or parFcipaFon in a City Council meeFng, please contact the City Clerk's office at 894-2521.

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

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

WAIVER WARNING: If you challenge decisions/direcFons 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 wriSen correspondence delivered to the City of Cloverdale, or prior to, the public hearing.

CERTIFICATE OF APPRECIATION
Guadalupe Núñez

The Cloverdale City Council and Joint City/Cloverdale Unified School District Subcommittee recognizes you for the time and commitment you dedicated to serving on the Cloverdale City Council in the Student-City Council Liaison position and participating in two City Council meetings per month for the 2021-2022 school year.

Thank you for your hard work providing a voice for our local youth and enhancing student participation in local government.
________________________________
Todd Lands, Mayor
May 25, 2022
6 CITY COUNCIL PROCLAMATION
Proclaiming June 2022 as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and Alley Pride Month
WHEREAS, Cloverdale’s colorful LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and Alley) communities represent an integral part of our community and enhance our city’s well-being; and
WHEREAS, the LGBTQIA+ community are our neighbors, mothers, fathers, brothers, sisters, friends and allies. These individuals are vital to our city and demonstrate with pride and commitment by virtue of their contributions to our city’s economy and quality of life; and WHEREAS, the LGBTQIA+ community includes elected and appointed officials, professionals, business owners, decision makers, employees in government, as well as public and private enterprises, parents, students, homeowners, charitable organizations and volunteers; and WHEREAS, June 2022 is “International Pride Month,” a month that reflects upon a movement fifty-three years ago when a black trans woman of color, Marsha P. Johnson, threw the first brick at the Stonewall Bar in New York, New York. The Stonewall Uprising began as a fight for equality and in opposition to discriminatory laws and treatment. The Stonewall Uprising continues to inspire the modern LGBTQIA+ civil rights movement; and WHEREAS, the City of Cloverdale recognizes the modern LGBTQIA+ civil rights movement started as a protest for equality. In June of 2020 those protests took on a new meaning with the Black Lives Matter movement, as the City hopes that both movements will continue to lead to significant steps forward in the move towards a more equal, just, and fair society; and
WHEREAS, California has been a leader in advancing the civil rights of its LGBTQIA+ citizens and the City of Cloverdale is no different. While further progress and achievements need to be made, it is important to recognize and celebrate the immense gains and progress the LGBTQIA+ community has made to date in our community, state and nation.

NOW, THEREFORE, BE IT RESOLVED that I, Todd Lands, Mayor of the City of Cloverdale do hereby proclaim, on behalf of the Cloverdale City Council, June 2022 as, "Lesbian, Gay, Bisexual and Transgender Pride Month" in Cloverdale and urge all our citizens to join together in ending prejudice everywhere it may exist, to respect the rights of all people, and to celebrate the diversity resulting in cultural richness within our City.

Presented this day, June 8, 2022
Todd Lands, Mayor
7 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE

COMMEMORATING JUNETEENTH IN THE CITY OF CLOVERDALE
WHEREAS, the residents, businesses and governmental institutions of the City of Cloverdale are firmly committed to celebrating and promoting diversity, inclusion and cultural traditions of our City; and WHEREAS, Juneteenth is a national celebration which commemorates the endo of slavery in the United States of America; and
WHEREAS, on June 19th, 1865, Union soldiers led by Major General Gordon Granger, arrived in Galveston, Texas to enforce the Emancipation Proclamation signed by President Abraham Lincoln over two and a half years prior on September 22, 1862 and freed all remaining enslaved people in the state of Texas; and
WHEREAS, initially a regional celebration popular in Texas and neighboring states which brought remaining family members together which had resettled after June 19th, 1865, Juneteenth grew to become a national event during which African American communities gathered to share in the spirt of the day; and
WHEREAS, the Civil Rights Movements spurred a resurgence of Juneteenth, leading to the State of Texas declaring it an official state holiday in 1980 and continued to grow as an important national and local celebration of African American Freedom, culture and Achievement; and WHEREAS, Juneteenth was recognized as a federal holiday on June 17, 2021, when President Joe Biden signed the Juneteenth National Independence Day Act into law making Juneteenth the eleventh American federal holiday and the first to obtain legal observance as a federal holiday since Martin Luther King Jr. Day was designated in 1983; and
WHEREAS, the City of Cloverdale, both its Council and citizens, stand with their fellow Black Americans to honor the reality of their vital importance and contributions to the evolution of our country by formally acknowledging Juneteenth, aka Black Freedom Day and encourages all residents of the City of Cloverdale to explore African American culture history, and pride.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Cloverdale does hereby commemorate Juneteenth in the in Cloverdale.

Dated: June 8, 2022
SO ORDERED:
_____________________________
Todd Lands, Mayor
8 Cloverdale Performing Art Center
209 N. Cloverdale Boulevard Cloverdale, CA
95425
www.cloverdale.net

MINUTES - DRAFT

REGULAR MEETING OF THE CITY COUNCIL AND JOINT MEETING OF THE

CLOVERDALE COMMUNITY DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS WEDNESDAY, MAY 25, 2022
____________________________________________________________________________________

CLOSED SESSION
4:30 p.m.

OPENING CLOSED SESSION:
• Call to Order: Vice Mayor Wolter called the meeting to order at 4:31 p.m. • Roll Call:
o Present - Mayor Lands, Vice Mayor Wolter and Councilmembers: Bagby, Cruz, Palla. o Absent - None.
• Agenda Review - Closed Session (Changes and/or Deletions): None.

PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

RECESS TO CLOSED SESSION TO HEAR THE FOLLOWING ITEM(S):

Mayor Lands recessed the meeting to Closed Session at 4:35 p.m. to discuss items 1 and 2 as listed on the agenda

1. CONFERENCE WITH LABOR NEGOTIATOR:

Pursuant to Government Code Section 54957.6
Labor Negotiator: City Attorney Sanchez and Asst. City Manager Thompson Employee Groups: Cloverdale Classified Association, Cloverdale Police Officers' Association, Cloverdale Dispatchers' Association, and Unaffiliated Employees The item was received and filed.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Pursuant to Government Code Section 54956.8
Property: Assessors Parcel Number (APN) 001-440-053
Property Owner: City of Cloverdale
Negotiating Parties:

For City: City Attorney Sanchez, City Manager Kelley and Asst. City Manager Thompson For School District: Betha MacClain, Superintendent of Cloverdale Unified School District Under negotiation: Price and Terms
Councilmember Cruz recused herself from item 2. The Item was received and filed.

Mayor Lands adjourned closed session at approximately 5:55 p.m. 9 City Council Regular Meeting Minutes - Draft May 25, 2022 ______________________________________________________________________________________________ 2 OPEN SESSION
6:00 p.m.

A. OPENING PUBLIC SESSION:
• Call to Order:

Mayor Lands reconvened the meeting at 6:08 p.m.
• Pledge of Allegiance:

Mayor Lands led the pledge of allegiance.
• Roll Call:

Present - Mayor Lands, Vice Mayor Wolter, Councilmembers: Cruz, Palla Absent - Councilmember Bagby.
• Report out on Closed Sessions:

None.
• Conflict of Interest Declaration:

None.
• Agenda Review – Regular Session (Changes and/or Deletions):

Item C.1 was continued to a date certain of June 8, 2022.

Mayor Lands held a moment of silence to honor the victims of the Uvalde, Texas mass shooting incident.

Council directed staff to place the City Hall flag at half-mast.

Councilmember Bagby joined the meeting at 6:12 p.m.

B. PUBLIC COMMENTS:

Mayor Lands opened the Public Comment period.

Tony Martinez inquired on local park upgrades.

Marjorie Morgenstern discussed urgent care issues.

Asaya Tongamy discussed park and school issues.

Jade Waymenth and Angela Cordova, with Council permission, spoke on agenda item G.2, and Chief Ferguson responded.

C. PROCLAMATIONS/PRESENTATIONS:

C.1 Student Liaison Report and Certificate of Appreciation - Student Liaison Guadalupe Núñez Continued to a date certain of June 8, 2022.

D. CONSENT CALENDAR:

City Manager Kelley reported.

Mayor Lands pulled item D.6 from the Consent Calendar.

Councilmember Cruz pulled item D.4 from the Consent Calendar.

A motion was made by Councilmember Palla, seconded by Vice Mayor Wolter, to waive reading of the text and adopt Consent items D.1, D.2, D.3, D.5 and D.7.

The motion carried by the following vote:

Ayes: 5 - Mayor Lands, Vice Mayor Wolter, Councilmember Bagby, Councilmember Cruz, and Councilmember Palla D.1 Minutes Approval
May 11, 2022 - Draft Minutes
Action - Approved as submitted.
10 City Council Regular Meeting Minutes - Draft May 25, 2022 ______________________________________________________________________________________________ 3 D.2 Resolutions Calling and Giving Notice of an Election to be Held on November 8, 2022 and Establishing Estimated Costs for Candidates’ Statements.

Action - Resolution was adopted.

RESOLUTION NO. 44-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR THE ELECTION OF THREE (3) AT-LARGE MEMBERS OF THE CITY COUNCIL, EACH FOR A TERM OF FOUR-YEARS; REQUESTING THAT THE SONOMA COUNTY BOARD OF SUPERVISORS CONSENT TO

CONSOLIDATION BY THE SONOMA COUNTY REGISTRAR OF VOTERS OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON NOVEMBER 8, 2022, AND AUTHORIZING

THE SONOMA COUNTY REGISTRAR OF VOTERS TO CANVASS THE ELECTION RESULTS FOR THE NOVEMBER 8, 2022 ELECTION
Action - Resolution was adopted.

RESOLUTION NO. 45-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE ESTABLISHING ESTIMATED COSTS FOR PRINTING, HANDLING, TRANSLATING, MAILING, AND IF APPLICABLE, ELECTRONICALLY DISTRIBUTING THE CANDIDATES’ STATEMENTS FILED PURSUANT TO RESOLUTION NO. 027-2012 FOR THE CONSOLIDATED GENERAL ELECTION TO BE HELD IN THE CITY OF CLOVERDALE ON NOVEMBER 8, 2022
D.3 Approve a Budget Amendment for the Safe Routes to School Phase II project using Unspent Bond Proceeds in lieu of grant funding from the Federal Highway Administration (FHWA) in the amount of $82,075.71
Action - Resolution was adopted.

RESOLUTION NO. 46-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING THE FISCAL YEAR 2021-22 BUDGET TO INCLUDE THE USE OF UNSPENT

BOND PROCEEDS FOR THE SAFE ROUTES TO SCHOOL PHASE II PROJECT D.5 Professional Services Agreement with Coastland Civil Engineering Inc. for the engineering building inspection and plan check services associated with staffing the Building Department.

Action - Resolution was adopted.

RESOLUTION NO. 47-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND

ENGINEERING FOR BUILDING DEPARTMENT SERVICES AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY D.7 Amendment No. 1 to Professional Services Agreement with West Yost Associates, Inc. to provide Interim City Engineer Services.

Action - Resolution was adopted.

RESOLUTION NO. 48-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST, INC. TO PROVIDE PROFESSIONAL INTERIM CITY ENGINEERING SERVICES FOR

THE PUBLIC WORKS DEPARTMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID

AGREEMENT AT A COST NOT TO EXCEED TWO HUNDRED AND SEVENTY THOUSAND DOLLARS ($270,000.00), AND AUTHORIZING A BUDGET AMENDMENT TO COVER THE PROPOSED EXPENSE

AND EXTEND THE CONTRACT
11 City Council Regular Meeting Minutes - Draft May 25, 2022 ______________________________________________________________________________________________ 4 D.4 Salary Adjustment for Assistant City Manager/Community Development Director and Classification and Salary Adjustment for Public Works Director/City Engineer City Manager Kelley reported, and Staff responded to Councilmember inquiries.

Councilmembers deliberated.

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

RESOLUTION NO. 49-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE

ESTABLISHING A NEW SALARY SCHEDULED FOR THE POSITION OF ASSISTANT CITY

MANAGER/COMMUNITY DEVELOPMENT DIRECTOR AND AMENDING THE CLASSIFICATION AND

SALARY FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER
The motion carried by the following vote:

Ayes: 5 - Mayor Lands, Vice Mayor Wolter, Councilmember Bagby, Councilmember Cruz, and Councilmember Palla D.6 Roadway Improvement Project list for fiscal year 2022/2023 funded by SB-1: The Road Repair and Accountability Act of 2017.

City Manager Kelley reported and responded to Councilmember inquiries.

Public Comment: Richard St. Angelo spoke on the item.

Staff responded to Councilmember inquiries.

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

RESOLUTION NO. 50-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022/2023 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

The motion carried by the following vote:

Ayes: 5 - Mayor Lands, Vice Mayor Wolter, Councilmember Bagby, Councilmember Cruz, and Councilmember Palla E. COMMUNICATIONS:

None.

F. PUBLIC HEARING:

None.

G. NEW BUSINESS:

G.1 Consideration of Resolution to Place a Measure on November 8, 2022 Ballot to Ban the Sale and Use of All Fireworks, including Safe and Sane Fireworks, within the City 12 City Council Regular Meeting Minutes - DRAFT May 25, 2022 ________________________________________________________________________________________________________ 5 City Manager Kelley introduced the item and Assistant City Attorney Mog presented.

Staff responded to Councilmember inquiries and comments.

Council discussed the item.

Public Comment: Dennis Revell spoke on the item.

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

RESOLUTION NO. 51-2022 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE CALLING AND GIVING NOTICE OF THE HOLDING OF AN ELECTION ON NOVEMBER 8, 2022, TO CONSIDER THE CITY OF CLOVERDALE MEASURE TO PROHIBIT FIREWORKS, INCLUDING SAFE AND SANE FIREWORKS; ORDERING THE SUBMITTAL OF

THE MEASURE TO THE VOTERS AT THE ELECTION, AND REQUESTING THAT THE SONOMA

COUNTY BOARD OF SUPERVISORS CONSENT TO THE CONSOLIDATION OF THIS ELECTION

WITH THE STATEWIDE GENERAL ELECTION AND THE PREVIOUSLY CALLED MUNICIPAL

ELECTION TO BE HELD ON THE SAME DATE AND DIRECT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION.

The motion carried by the following vote:

Ayes: 4 - Vice Mayor Wolter, Councilmember Bagby, Councilmember Cruz, and Councilmember Palla Nay: 1 - Mayor Lands
Mayor Lands recessed the meeting at 7:43 p.m. and reconvened the meeting at 7:50 p.m.

G.2 Consideration for a 10th Police Officer Position.

City Manager Kelley introduced the item and Chief Ferguson presented.

Councilmembers commented on the item.

Public Comment:

Preston Addison spoke in support of the item.

Ashley White spoke in support of the item.

Kenzie White spoke in support of the item.

Beth McClain spoke in support of the item.

Angela Cordova spoke in support of the item.

Staff responded to public comments.

Mayor Lands read aloud the written correspondence submitted by Rhonda Knolls supporting the item.

Councilmembers commented and Staff responded to Councilmember inquiries.

A motion was made by Vice Mayor Wolter, seconded by Councilmember Palla, for a roll call vote to direct staff to move forward with the hiring of the 10th Police Officer position.

The motion carried by the following vote:

Ayes: 4 - Mayor Lands, Vice Mayor Wolter, Councilmember Bagby, and Councilmember Palla Nay: (1) Councilmember Cruz
13 City Council Regular Meeting Minutes - DRAFT May 25, 2022 ________________________________________________________________________________________________________ 6 G.3 Discussion and Consideration of the City of Cloverdale Draft Budgets for the Fiscal Years 2022/23 and 2023/24
City Manager Kelley presented.

Councilmember Cruz left the meeting at 9:04 p.m.

Staff responded to Councilmember inquiries.

Councilmembers commented and discussed the item.

Public Comment:

Becky Ennis commented on the item.

Council directed staff to update specific line items for a future meeting consent calendar.

H. SUBCOMMITTEE ITEMS AND REPORTS:

Councilmembers and Staff reported.

I. COUNCIL REPORTS:

Councilmember Palla, Bagby, and Cruz submitted written reports prior to the meeting.

Councilmember Bagby reported.

J. INFORMATIONAL REPORTS:

None
K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:

None.

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

City Manager Kelley reported.

M. STATUS UPDATE ON CURRENT IMPACTS TO WATER SUPPLY:

City Manager Kelley reported.

N. STATUS UPDATE ON CURRENT EMERGENCY:

None.

O. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

Mayor Lands requested Thyme Square agreement be added.

P. ADJOURNMENT:

Chair Lands adjourned the meeting at 10:00 p.m. to the next regularly scheduled meeting of June 8, 2022.

Approved On: June 8, 2022
________________________________________
Mike Maloney
City Clerk
14 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D.2
June 8, 2021
Agenda Section:

Consent
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title:

Adoption of a Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23, Pursuant to Article XIIIB of the Constitution of the State of California.
_______________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Establishing the Appropriation Limit for Fiscal Year 2022-23.”
________________________________________________________________________________________ Background:

According to the California state appropriations limit (SAL) also known as the Gann Spending-Limitation Initiative (Article XIII B of the State Constitution) adopted as Proposition 4 in June of 1979 (and subsequently modified by Proposition 111 in June of 1990), the City is required to annually adopt a resolution setting an appropriations limit for each fiscal year. For 2020-2021, staff projects that the City’s appropriations (for all general governmental funds) subject to limitations to be $5,130,178, which is $6,715,114 less than the calculated limit of $11,845,292.

The Gann Spending-Limitation Initiative provides for the limitation of state and local government appropriations. As discussed in the following summary of the major provisions of the Gann Initiative and Proposition 111 modifications, the Gann Initiative is actually a limitation on tax revenues rather than a direct limitation on appropriations:

1. Appropriations subject to limitation may not exceed appropriations made in 1978-79 except as adjusted for increases in the cost of living, population and service responsibility transfers.

2. Appropriations financed through service fees (to the degree that they do not exceed the cost of performing the service), grant programs, fines and forfeitures, and other specified “non-tax” sources are not subject to the appropriations limit. Additionally, appropriations for long-term indebtedness incurred prior to 1978-79, debt service on qualified capital outlays beginning in 1990-91, qualified capital outlays in excess of major capital-related expenditures, all appropriations funded through tax revenues are subject to limitation.

3. For the purpose of identifying “proceeds from taxes” under the Gann Initiative, state subventions that are unrestricted as to their use (such as motor vehicle in-lieu revenues) are considered to be tax sources. On the other hand, the use of subventions like gas tax and transportation development act funds is restricted by the State, and as such, is classified as non-tax sources.

4. Under the original Gann Initiative, all proceeds from taxes received in excess of the appropriations limit were required to be returned through refunds or revisions in tax rates and fee schedules within the next two fiscal years; or voter approval to increase the appropriations limit was required. Proposition 111 provides a one-year carryover feature to determine excess revenues under which refunds can be avoided if in the subsequent year the City is below the limit by the amount of the prior year excess. Any voter approved increased to the appropriations limit cannot exceed four years.

5. Originally, the Gann Initiative was self-executing, requiring no formal review; however, Proposition 111 requires that the annual calculation be reviewed as part of the annual financial audit. 15 City Council/Successor Agency Agenda Item Summary
Meeting Date: June 9, 2021
Item No. D.2

Page 2 of 3 ends

6. Major concepts in implementing the Gann Initiative as modified by Proposition 111 include: appropriations funded through tax sources are subject to the limit, not actual expenditures; and any excess of actual tax revenues over the appropriations limit, not actual expenditures or appropriations, are subject to refund.
________________________________________________________________________________________ Summary:

The annual adjustment factors for changes in population and cost of living for the appropriations limit calculation must be selected by a recorded vote of the Council, and include the following:

1. Population. Based on data provided annually by the State Department of Finance, cities may annually choose either the growth in their city’s or the county’s population.

For this year’s calculation, the City’s population growth factor (which exceeds the County’s factor) is the recommended adjustment factor as discussed below.

2. Cost of living. Local governments may annually choose either the percentage change in California per capita personal income or the percentage change in their jurisdiction’s assessed valuation that is attributable to the non-residential new construction.

Data for the percentage change in California per capita personal income change is provided annually by the State Department of Finance. Data for the preceding year in calculating the increase in the nonresidential assessed valuation is not currently available from the County; therefore, the recommended cost of living factor is California per capita income. However, when non-residential construction data becomes available from the County, the limit can be recalculated and retroactively adopted if different results are anticipated.

A summary of the City’s appropriations limit history is provided in Attachment 2. As reflected in that summary, the City’s limit for 2022-23 is $11,845,292 calculated as follows:

Appropriations Limit Calculations
2019-2020 Appropriations Limit $ 10,298,871
Adjustment Factors
A. Cost of Living Options

1. Percentage change in assessed value in the preceding year due to
new non-residential construction.
16 City Council/Successor Agency Agenda Item Summary
Meeting Date: June 9, 2021
Item No. D.2

Page 3 of 3 ends

2. Percentage change in California per capita income
B. Population Options

1. Percentage change in City population

2. Percentage change in County population
Percentage Factor (Cost of Living factor x Population factor) 2020-2021 Appropriations Limit $ 10,607,170
The options in bold print are the recommended adjustment factors in determining the appropriations limit for 2020-21 ______________________________________________________________________________________ Alternative Options:

1. Reject Resolution;

2. Provide Direction to Staff
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

There is no financial impact in the Fiscal Year 2022-23 as the Appropriation Limit is higher than Appropriations subject to the limit.
________________________________________________________________________________________ Attachments:

1. Resolution Adopting the Appropriation Limit for fiscal year 2022-23.

2. Appropriation Limit Calculation.

3. May 2022 Price and Population information from the Department of Finance 17 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23
WHEREAS, the voters approved the Gann Spending Limitation Initiative on November 6, 1979, and Proposition 111 on June 5, 1990, which establish and define annual appropriations on state and local government agencies; and
WHEREAS, regulations require that the governing body of each local agency establish its appropriations limit and annual adjustment factors by resolution; and the State Legislature adopted Chapters 1205/80 and 60/90 which implemented Article XIII-B and amendments; and WHEREAS, the City of Cloverdale has complied with the provisions of Article XIII B to determine the City’s appropriations limit and estimated appropriations subject to limitation for 2022-23; and WHEREAS, the appropriations limit is calculated pursuant to Proposition 111, the City Council is aware that adoption of this limit is an interim measure and the limit may change at a future date once all the data required to compute is available; and WHEREAS, the specific information that is not available is the percentage change in nonresidential construction and this information is to be supplied by the County of Sonoma Tax Assessor’s Office at some future date.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Cloverdale hereby the specific information that is not available is the percentage change in non-residential construction and this information is to be supplied by the County of Sonoma Tax Assessor’s Office at some future date. 2021-22 Appropriations Limit $ 11,166,738
Adjustment Factors
A. Cost of Living Options

1. Percentage change in assessed value in the preceding year due to Not currently new non-residential construction. available

2. Percentage change in California per capita income 7.55% B. Population Options

1. Percentage change in City population -1.37%

2. Percentage change in County population -0.54%
Percentage Factor (Cost of Living factor x Population factor) 1.06969230 2022-23 Appropriations Limit $ 11,944,975
The options in bold print are the recommended adjustment factors in determining the appropriations limit for 2021-22 Appropriations Limit Calculations
18 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 8th day of June 2022 by the following roll call vote:

AYES: (_)
NOES: (_)
ABSTAIN:(_)
ABSENT: (_)
None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
19 2021-22 Appropriations Limit $ 11,166,738
Adjustment Factors
A. Cost of Living Options

1. Percentage change in assessed value in the preceding year due to Not currently new non-residential construction. available

2. Percentage change in California per capita income 7.55% 1.0755 B. Population Options

1. Percentage change in City population -1.37%

2. Percentage change in County population -0.54% 0.9946 Percentage Factor (Cost of Living factor x Population factor) 1.06969230 2022-23 Appropriations Limit $ 11,944,975
The options in bold print are the recommended adjustment factors in determining the appropriations limit for 2021-22 Appropriations Limit Calculations
20 21
22 23
City Council/Successor
Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

D3
June 8, 2022
Agenda Section:

Consent
Staff Contact:

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

Contract with KLH Consulting, Inc. to provide Managed IT Services Recommended Council Action(s):

The City of Cloverdale has a long-standing agreement with KLH Consulting, Inc to provide one day a week onsite support. The City has determined that the current Information Technology services are inadequate to continue taking into consideration the recent onslaught of cyber-attacks in the form of intrusions and ransomware heists. The FBI has reported that complaints increased by 1 million between March 12, 2020 and May 15, 2021 according to Government Technology (govtech.com). Additionally, the City’s Cyber insurance provider Alliant is requiring additional securities to be in place to continue with the insurance. The ________________________________________________________________________________________ Summary:

The City of Cloverdale has nine departments and 45 budgeted staff that heavily rely on our systems and the plan of action that KLH has provided would reduce the amount of time that the City would be down and the ability to return to business as usual if a cybercrime were to be perpetrated on the City of Cloverdale. KLH is familiar with the structure of the City of Cloverdale and has specific knowledge related to our Police Department technology infrastructure.

City staff supports the professional services agreement with KLH Consulting, Inc. to expand our services to include Managed IT Services.
________________________________________________________________________________________ Options:

1. Approve the Agreement between the City of Cloverdale and KLH Consulting Services.

2. Deny the Approval and provide direction to staff
________________________________________________________________________________________ Subcommittee Recommendation:
24 City Council/Successor Agency Agenda Item Summary
Meeting Date: June 8, 2022
Item No. D.3

Page 2 of 2 ends

The Finance, Admin and Police Subcommittee reviewed the proposal and received a presentation from KLH Consulting, Inc. and recommended that the item be brought before the City Council. ________________________________________________________________________________________ Budget/Financial Impact:
$192,000 is budgeted for FY 2022-23 and FY 2023-24.
________________________________________________________________________________________ Attachments:

1. Resolution

2. KLH Managed IT Services Agreement

3. KLH Executive Summary

4. KLH Serve Rate Schedule
25 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 KLH
CONSULTING, INC. TO PROVIDE MANAGED IT SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Cloverdale has nine departments that heavily rely on our information technology and online systems; and
WHEREAS, the City is in need of additional Information Technology services, including Managed IT Services; and
WHEREAS, the City has not full-time staff dedicated to information technology, nor have staff with the knowledge or expertise to provide this service; and WHEREAS, KLH Consulting, Inc. is qualified to provide Managed IT Services; and WHEREAS, the budgets for Fiscal Years FY 2022-23 and 2023-24 each have $192,000 included for IT Services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a Professional Services Agreement with KLH Consulting, Inc to Managed IT Services and authorizes the City Manager to execute said agreement on behalf of the City, in a form approved by the City Attorney.

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 8th day of June 2022 by the following roll call vote:

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

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
26 Prepared for
City of Cloverdale
Managed IT Service Agreement
Quote#000094 v1

PREPARED FOR PREPARED BY
David Kelley
[email protected]
(707) 894-1715
Stephanie Garzoli
[email protected]
2324 Bethards Drive Santa Rosa, CA 95405 27
About Us
Monitor & Maintain
DESCRIPTION RECURRING QTY EXT. REC.

DataWatch Services $3,804.00 1 $3,804.00
Server RMM Monthly Patching - Includes EDR, for virtual Environments - per VM 8 Workstation/Laptop RMM Monthly Patching 43
Managed Firewall 2
Managed Switches or Routers 3
Managed SAN or UPS 2
Managed WAPs 6
Monthly Subtotal: $3,804.00
Technical Support
DESCRIPTION RECURRING QTY EXT. REC.

Monthly Onsite Support $3,833.33 1 $3,833.33
Unlimited Help Desk Services (Complimentary) First 30 mins is included at Level 1, anything over 30 mins or escalated to Level 2; bill rates will apply $0.00 1 $0.00
Monthly Subtotal: $3,833.33
Security
DESCRIPTION RECURRING QTY EXT. REC.

DataWatch Security Services $1,090.25 1 $1,090.25
MFA - Remote Access & Local Access 50
Phish Testing monthly recurring fee for license and campaign management 64 Encryption & Geo Fencing 51
Anti-SPAM and Email Encryption $4.00 62 $248.00
KLH's SecurePass Password Vault Monthly Recurring fee per User $5.00 50 $250.00 EDR - Endpoint Detection and Response Monthly Service $9.00 50 $450.00 Quote #000094 v1 2324 Bethards Drive Santa Rosa, CA 95405 Page: 2 of 628 Security
DESCRIPTION RECURRING QTY EXT. REC.

Internal Vulnerability Scanning (per month) $400.00 1 $400.00 Monthly Subtotal: $2,438.25
Office 365
DESCRIPTION RECURRING QTY EXT. REC.

Microsoft Office 365 (Plan E3) for Government - User/Month $17.00 57 $969.00 Microsoft 365 Business Basic $6.00 7 $42.00
Monthly Subtotal: $1,011.00
Business Continuity / DR Services
DESCRIPTION RECURRING QTY EXT. REC.

KLH Cloud Backup -On & Offsite Backup / Hosted Disaster Recovery Services $1,600.00 1 $1,600.00 Monthly Subtotal: $1,600.00
Setup Fee
DESCRIPTION PRICE QTY EXT. PRICE
One-Time Setup Fee for Managed IT Services $2,500.00 1 $2,500.00 One-Time Setup Fee for Backup & Hosted Disaster Recovery Services $5,000.00 1 $5,000.00 Subtotal: $7,500.00
Quote #000094 v1 2324 Bethards Drive Santa Rosa, CA 95405 Page: 3 of 629 Managed IT Service Agreement
Prepared by: Prepared for: Quote Information:

KLH Consulting, Inc.

Stephanie Garzoli
[email protected]
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
David Kelley
(707) 894-1715
[email protected]
000094
Version: 1
Delivery Date: 05/17/2022
Expiration Date: 05/31/2022
Quote Summary

DESCRIPTION AMOUNT
Setup Fee $7,500.00
Total: $7,500.00
Monthly Recurring Summary

DESCRIPTION AMOUNT
Monitor & Maintain $3,804.00
Technical Support $3,833.33
Security $2,438.25
Office 365 $1,011.00
Business Continuity / DR Services $1,600.00
Monthly Total: $12,686.58
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

KLH Consulting, Inc. City of Cloverdale
Signature:

Name: Stephanie Garzoli
Title: Client Services Manager
Date: 05/17/2022
Signature:

Name: David Kelley
Date:

Quote #000094 v1 2324 Bethards Drive Santa Rosa, CA 95405 Page: 4 of 630 Terms & Conditions

KLH STANDARD TERMS AND CONDITIONS
Payment Terms
DataWatch services will be billed on a monthly basis. Invoices will be sent to Customer mid-month for the following month’s service and are due on a Net 10 day basis. Customer will setup an EFT payment to be processed by the 30th of each month for the following month’s service.

KLH reserves the right to adjust the monthly fee on a monthly basis if additional equipment or users are added to the network.

Customer shall pay to KLH the Proposed Fees as part of the Agreement on the Effective Date or as set forth in the Agreement. Customer shall pay any fees for additional services quoted and approved beyond those ordered at the time this Agreement is entered into, within ten (10) days of the applicable KLH invoice date.

Hardware, Software & Renewals will be billed upon approval of quotes and will be due upon receipt.

If Customer does not object to charges on any invoice within 5 business days, that invoice will be deemed accepted by Customer. KLH reserves the right to charge a service fee of 1.5% per month on late payments.

Ownership
KLH shall retain all rights of ownership for all associated Software used to deliver remote monitoring and maintenance, anti-virus, anti-spam, and remote support services as outlined in this proposal. All copyrights and other intellectual property rights are vested in the associated Software. Customer acknowledges and agrees that it is acquiring only the right to use the associated Software during the term of the Agreement. Customer shall not, and shall not have others, modify, customize, reverse engineer, reverse assemble or reverse compile associated Software.

KLH reserves the right to add, modify or change any associated Software used to deliver services listed in this proposal to maintain the same original service or any service improvements.

Non-Solicitation
Customer, and any subsidiaries thereof, agrees that it will not at any time during the period of this agreement and for two years thereafter, solicit, divert or hire any person who was, is, or becomes an employee KLH Consulting, Inc., or induce or attempt to influence any KLH employee to terminate his or her employment with KLH. Customer acknowledges that KLH recruits, trains and contracts with its employees and others and that this is a costly and time-consuming endeavor. Customer agrees that if this covenant is violated, Customer will pay, within 30 days of violation, the sum equivalent to 75% percent of the employee’s annual compensation. Included in the compensation calculation will be salary, bonuses and any profit share contributions for the employee in the 12-month period prior to the violation of this covenant. The Parties agree that this sum accurately reflects the reasonable value of the time and costs in recruiting and training said employees.

Warranty and Limitation of Liability
The sole warranty is the warranty provided by KLH that its services supporting the DataWatch program shall substantially comply with any standard specifications provided in writing by KLH.

Customer's sole and exclusive remedy, and KLH and its third-party providers entire liability under this Agreement shall be limited to the following: (i) KLH and its third-party providers shall use reasonable commercial efforts to correct any substantial non-compliance with the above warranty; (ii) if such non-compliance cannot be corrected after using commercially reasonable efforts, Customer may terminate the Agreement and receive a refund of any amounts paid since the time the non-compliance was reported to KLH in writing.

KLH MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE DATAWATCH SERVICE, OR PROVIDED SOFTWARE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER

ACKNOWLEDGES IT HAS RELIED ON NO WARRANTIES WITH RESPECT TO THE DATAWATCH SERVICE OR PROVIDED SOFTWARE IN ENTERING INTO THIS AGREEMENT.

IN NO EVENT WILL KLH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT. IN NO EVENT SHALL KLH’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE AGREEMENT Quote #000094 v1 2324 Bethards Drive Santa Rosa, CA 95405 Page: 5 of 631 EXCEED THE AMOUNT OF FEES AND AMOUNTS PAID BY CUSTOMER WITHIN THE PAST 30 DAYS UNDER THIS AGREEMENT. CUSTOMER

ACKNOWLEDGES THAT THE AMOUNTS PAID UNDER THE AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT KLH WOULD NOT ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Dispute Resolution
Except as provided below, any and all disputes arising from or relating to the subject matter of this Agreement or any interpretation of the Agreement shall be settled by binding arbitration in accordance with the rules then in effect of the American Arbitration Association or Judicial Arbitration and Mediation Services. Judgment upon the award rendered by way of such arbitration may be entered in any court having jurisdiction thereof. Costs of arbitration (including reasonable attorneys’ fees to the prevailing party (if any)) shall be made a part of the arbitrator’s award. The arbitration will take place in Santa Rosa, California. Notwithstanding the foregoing, the parties retain the right to obtain injunctive relief from a court specified below.

Force Majeure
Neither Party shall be held liable for any damages or penalty for delay in the performance of its obligations hereunder (other than Customer’s obligation to make payments under the Agreement) when such delay is due to the elements, acts of God or other causes beyond its reasonable control.

Proprietary Notice & Non-Disclosure Statement
Information contained in this Agreement is provided under an exclusive, perpetual non-disclosure agreement and cannot be copied, transmitted, excerpted, or otherwise communicated to anyone without the prior written consent of KLH.

This Agreement contains proprietary and trade secret information. All data furnished in connection with this package is intended for use in evaluating potential business opportunities with KLH Consulting and is considered proprietary information.

Intended recipients of this document shall have the right to duplicate, use, or disclose the data contained herein to the extent necessary to perform their duties in the interest of formulating a business relationship with KLH Consulting, but may not use this information as the basis to obtain competitive quotes from other vendors.

These restrictions do not limit the right to use information contained herein if said data is obtained from another source, without restriction.

These restrictions apply to all media comprising this service.

Cooperation
KLH shall use best efforts in the performance of the obligations under this Agreement. Customer shall provide such access to its information and property as may be reasonably required in order to permit KLH to perform their obligations hereunder and shall in no way impede KLH’s ability to perform its obligations as outlined in the Service Agreement in an efficient and professional manner. KLH shall cooperate with the Customer’s personnel, shall not interfere with the conduct of the Customer’s business and shall observe all rules, regulations and security requirements of the Customer concerning the safety of persons and property.

Term and Termination
This Agreement begins with an 2 year commitment and shall automatically renew for annual terms, unless either party notifies the other with a minimum of 90-days written notice of termination.

Either Party may terminate this Agreement upon the occurrence of a material breach of a material provision of this Agreement (other than a failure to pay) if such breach is not cured within 30-days of written notice.

In the event of a failure by Customer to comply with its payment obligations, KLH may terminate this Agreement and the licenses granted hereunder upon 5-day notice of breach and Customer’s failure to pay all amounts due and outstanding.

Upon termination, Customer shall promptly pay any amounts due and remaining for the period of the Agreement owing to KLH and allow KLH access to Customer systems to uninstall provided Hardware and/or Software at Customer’s expense.

Customer agrees that if it were to fail to timely return all provided Software the resulting damages to KLH would be difficult to ascertain.

Customer therefore agrees that Customer shall pay as liquidated damages to KLH without further proof of damages, the amount equal to 6 months of fees payable under this Agreement if Customer fails to return all provided Software and Hardware within thirty days of termination of this Agreement. Regardless of whether Customer pays such liquidated damages, KLH shall maintain all rights of ownership with regard to all provided Software and Hardware and shall be entitled to seek injunctive relief without the need to post a bond.

Quote #000094 v1 2324 Bethards Drive Santa Rosa, CA 95405 Page: 6 of 632 Executive Summary
Description
Estimated
Labor/One Time
Fee
Estimated
Hardware,
Software, License
Estimated Monthly
Fees (MRC)
2022-23
Estimated Fees
2023-24
Estimated Fees Notes
Support and Security Services
Managed IT Service $ 2,500.00 $ 3,804.00 $ $ 48,148.00 $ 45,648.00 Monitoring, system alerting & response, Maintenance, O/S Security Patching, L1 Helpdesk unlimited, managed network devices/firmware updating; monitoring devices, licensing and ticketing system for incident management Scheduled Onsite Work each week $ $ 3,833.33 $ $ 50,000.00 $ 55,000.00 Multi-factor authentication, phish testing, device encryption &geo fencing - $ - $ 1,090.25 $ 13,083.00 $ 13,083.00 $ Assumes implementation as part of the Managed Service onboarding.

Anti-spam, email encryption, email data loss prevention (DLP) $ $ 248.00 $ $ 2,976.00 2,976.00 $ Employee Password Vaults $ $ 250.00 $ $ 3,000.00 3,000.00 $ Endpoint Protection - EDR $ $ 450.00 $ $ 5,400.00 5,400.00 $ Office 365 $ $ 1,011.00 $ $ 12,132.00 12,132.00 $
Support Subtotal $ 2,500.00 $ - $ 10,686.58 $ 134,739.00 $ 137,239.00 Warranties and Renewals
SonicWall SOHO (CorpYard) $ $ 320.00 $ $ 320.00 $ 320.00 SonicWall SOHO (Wastewater) $ $ 320.00 $ $ 320.00 $ 320.00 SonicWall TZ500 $ $ 890.00 $ $ 890.00 $ 890.00 SonicWall TZ300 (City Hall to New Annex) $ $ 500.00 $ $ 500.00 $ 500.00 Server HPE Foundation Care - 24 x 7 x 4 Sn: 2M20500BHN $ $ 2,720.00 $ $ 2,720.00 Assumes hosting of servers 07/24VMware vSphere v. 7.0 Essentials - Subscription $ $ 177.00 $ - $ 177.00 Assumes hosting of servers 07/24VMware vSphere v. 7.0 Essentials Kit - License $ $ 510.00 $ $ 510.00 Assumes hosting of servers 07/24 Warranties and Renewals Subtotal $ - $ 5,437.00 $ - $ 5,437.00 $ 2,030.00 Hardware Obsolescence/Replacements
On & Offsite Backup / Hosted Disaster Recovery Service $ 5,000.00 $ 1,600.00 $ 24,200.00 $ 19,200.00 Includes initial test to confirm ability to spin up servers in event of disaster Hardware Obsolescence/Replacements Subtotal $ 5,000.00 $ - $ 1,600.00 $ 24,200.00 $ 19,200.00 Projects Create IT policies, review and provide employee training/annual update $ 3,200.00 $ $ $ 3,200.00 Create Disaster Recovery Checklist for servers backed up to datacenter for spin up in the event of disaster $ 5,000.00 $ $ $ 5,000.00 $ 3,000.00 Determine spin-up priority for servers in offsite backup and test restore to cold system capacity in data center Vulnerability Scanning - alternate internal/external/quarterly reporting $ $ 400.00 $ $ 4,800.00 $ 4,800.00 Enhanced Security Install redundant circuits - 4 locations $ 3,200.00 $ $ 3,200.00 Procure and manage install, monthly cost included in ARPA funds, not reflected here ADA Website Compliance $ 2,000.00 $ $ 2,000.00 $
Perform annual penetration test $ $ 6,000.00 $
Security hardening/Engineering project estimates $ 7,600.00 $ $ $ 7,600.00 $ 5,600.00 Phone and fax upgrades $ 6,000.00 $ 1,300.00 $ $ $ 13,800.00 Budgeted for implementation for 6 months in 2023-24 Projects Subtotal $ 27,000.00 $ - $ 1,700.00 $ 25,800.00 $ 33,200.00 Total $ 38,300.00 $ 5,437.00 $ 13,986.58 $ 190,176.00 $ 191,669.00 Proposed Budget Total - 7/2022-6/2023 $ 190,176.00
Proposed Budget Total - 7/2023-6/2024 $ 191,669.00
City of Cloverdale
Budget Year 7/1/2022-6/30/2024
33 KLH Consulting, Inc.
2324 Bethards Drive
Santa Rosa, CA 95405
o: 707.575.9986
t: 800.487.3363
f: 707.575.8758
klhconsulting.com
Services Rate Schedule | Effective July 1, 2022
KLH Consulting provides computer related services to clients including Applications Services, Networking Services and Consulting Services. All work under hourly rates is performed at Time and Materials and is billed in 15-minute intervals. Different rates apply based on the type of services provided. All rates are hourly and summarized below:

Managed IT Services
Will be billed in accordance with Managed IT Service Agreement.

Network
Standard City of Cloverdale
Senior Network Consultant/Engineer $190/hour $125/hour
Network Consultant $170/hour $110/Hour
Desktop Support $140/hour $110/Hour
After Hours Support
KLH provides 24x7 support for clients who require round-the-clock service. Rates for this service are provided upon request.

Note: Annual rates may increase up to 5% in accordance with COLI 34 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D4
June 8, 2022
Agenda Section:

Consent
Staff Contact:

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

Discussion and Consideration of the Adoption of City of Cloverdale Biennial Budget for the Fiscal Years 2022- 23 and 2023-24
_______________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale Adopting the Fiscal Years 2022/23 and 2023/24 Biennial Budget”.
________________________________________________________________________________________ Background:

A formally articulated budget and sound fiscal policies provide the foundation for assuring the City’s longterm fiscal sustainability. The first line of defense in adverse economic circumstances is a robust budget reserve policy. The City’s budget reserve policy provides the City Council the flexibility to make changes in the organization to adjust to budgetary impacts. Maintaining minimum fund balances based on the annual expenditures in accordance with reserve levels set by City policy, allows the City to continue operations and projects while responding to short-term problems and provides breathing room to address longer-term problems, while comprehensive response plans are developed.

In March 2021, an update to the City’s long-term financial forecast was presented to the City Council that provided a view of the City’s long-range financial situation. Understanding the City’s financial forecast was a major step in the process of identifying strategies to support the City’s long-term financial well-being.

Major takeaways from the financial forecast included:

1. The City’s financial situation should be an ongoing concern.

2. Current spending trends cannot continue without significant cost reductions or revenue increases.

3. Revenue enhancement and expenditure reductions should continue to be a priority The budget takeaways were developed based on financial projections for the ensuing five-year period and identified projected revenue increases under normal operating conditions were insufficient to keep pace with growing cost factors. The long-term budget concerns were tempered with potential events and outcomes that could improve (e.g., increase revenue) or worsen (e.g., extreme events) the Financial Forecast.. ________________________________________________________________________________________ Summary:

A Draft Operating Budget covering two fiscal years beginning July 1, 2022, and ending June 30, 2024, was prepared for consideration by the City Council. The approximate $20 Million annual budget is expected to fund all City operations, projects, and programs. This is the first year that the City has developed and considered a two-year budget. The Goal of a two-year budget process is as follows:
• Save time and Effort - Two-Year budgets are intended to make strategic use of City Council time spent reviewing the budget and staff time preparing an annual budget • Reinforce long term fiscal health - Broadening the time horizon for the City’s finances (revenues and expenditures) from 12 months to 24 months.
35 City Council/Successor Agency Agenda Item Summary
Meeting Date June 8, 2022
Item No. D4

Page 2 of 4 ends

Budget Goals:

Budget goals were discussed by the City Council during the March 10th goal-setting discussion. The two-year budget was developed based on the budget goals set forth by the City Council and is based on the current work plan and service delivery model. The FY 2022/23 and 2023/24 budgets were developed based on a work plan-based approach (what we do) to why (achievements/intended outcomes). The budget working goal has been to maintain a sustainable operational budget, and budget for expenses at a level that enables the City to maintain the minimum required reserve balances in accordance with adopted reserve policies while continuing to plan and prepare for the future.

Fund Balance Overview
Staff prepared a draft budget for Council review, which identifies the beginning and ending Fund Balance and proposed revenue and expenditures for all City funds:
• General Fund – Fund 100
• Retirement Fund – Fund 200
• Inclusionary Housing Fund – Fund 205
• Road Maintenance & Rehabilitation Fund – Fund 209
• Gas Tax Fund for Street Maintenance - Fund 210
• Special Purpose funds – Fund 211-225
• Landscape & Lighting Districts – Fund 231-237
• Water Enterprise – Fund 600
• Sewer Enterprise – Fund 700
• Airport Fund – Fund 670
• Impact Fees – Fund 500-515
Summary of Fund Balances – General Fund
Due in part to conservative revenue projections and fiscal restraint, the FY 2020/21 audit completed in March 2022 identified a General Fund balance of $6,203,607, an increase of $1,121,185 from the prior year’s fund balance of $5,082,415. The estimated ending general fund balance for the current fiscal year is $6,776,902, an increase of approximately $573,000 from the prior fiscal year. The anticipated increase in the year-end general fund balance for the current fiscal year (2021/22) is largely attributable to the receipt of the American Rescue Plan Act (ARPA) Funds in the amount of $1,035,350 which were deposited into the General Fund (Fund 260).

The estimated ending fund balance for the current fiscal year (2021/22) is the beginning fund balance identified in the FY 2022-23 budget. The estimated ending fund balance for the fiscal year 2022/23 is expected to decline by $580,401 to $6,196,501 and decline further in the fiscal year 2023/24 by $804,249 The total project fund balance on June 30, 2024, is $5,392,252 a decline of $1,384,650. 36 City Council/Successor Agency Agenda Item Summary
Meeting Date June 8, 2022
Item No. D4

Page 3 of 4 ends

General Fund Revenue
Major revenue sources including sales tax and transient occupancy tax are expected to continue to recover from downturns that were due to the impact of the COVID-19 pandemic during the previous fiscal years (FY 2019/20 and 20/21). Sales tax revenue is forecast to increase 4.8% from $ 1,181,000 in FY 22/23 to $1,238,000 and increase 3.3% to 1,279,000 in FY 23/24. Property taxes are expected to grow at slow to modest rates (2% annually) while Utility User Tax revenues are forecast to increase 5% annually. Cannabis revenue is forecast to decline approximately 72% due to recent changes in the cannabis excise taxes.

Fund Balance Reserves
During the fiscal year ending June 30, 2023, staff is projecting the use of approximately $0.580 Million in reserve balances to close the gap between revenue and expenditures in the General Fund. The total projected general fund, fund balance at the end of the FY 2022-23 is $5,989,052 representing an estimated 55% general fund reserve balance. A similar fund balance reserve is forecast for FY 2023/24.

In addition to the general fund, utilization of unencumbered reserve balances (fund balances) will be required to close operational deficits in the Water and Sewer Enterprise Funds. Nonetheless, all reserve balances are proposed to be within established reserve policies (with the exception of some fund balances within certain zones of the Lighting & Landscape District).

May 4th Budget Workshop:

The City Council held a budget workshop on May 4th. An update to the City’s financial forecast was presented at the Budget Workshop on May 4, 2022, along with a highlight of major budget changes and planned expenditures. During the budget workshop, amendments to the draft budget were requested that added to the budget including:

Parks:

1. Purchase a Woodchipper - $70,000.

2. Increase the budget for the purchase of a dump truck - $60,000.

3. Purchase Security Cameras with the ability to record - $6,000.

Streets:

1. Increase the budget for striping and maintenance to $200,000 through a transfer of $100,000 Measure M (Streets Maintenance Funds) to cover the additional expenditures.

Administration:

1. Mayor and Councilmembers Association part-time clerk - $6,200

2. Increase Information Technology (IT) related expenditures - $20,000.

May 25th City Council Meeting:

Council directed staff to make the following additions to the draft budget:

1. 1 full-time Parks employee
37 City Council/Successor Agency Agenda Item Summary
Meeting Date June 8, 2022
Item No. D4

Page 4 of 4 ends

a. Remove 3 part-time seasonal positions

2. Additional Revenue anticipated from Sonoma County Parks to cover additional staff hours.

3. 1 full-time Police Officer (10th Police Officer)
a. Remove part-time reserve officer

4. Contriibution from the School District for a School Resource Officer.

Other Potential Budgetary Requests Not included in the Draft Budget The draft operating budgets for FYs 2022/23 and 2023/24 do not include other potential expenses including the following:

1. The cost of any potential Cost of Living Adjustments or other employee’s salary or compensation increases.

2. The cost of a Water Operator in Training (WIT) in the Water Enterprise budget.

All of the above-listed items would impact fund balance levels if added to the budget.

Next steps:

Staff recommends that the City Council review and Adopt the FYs 2022/23 and FY 2023/24 City of Cloverdale Operating Budgets. If further revisions to the budget are requested or desired at this time, the Council can adopt the budget on June 23rd to ensure the budget is adopted prior to the start of the new fiscal year. ________________________________________________________________________________________ Options:

1. Adopt the City of Cloverdale Biennial Budget for Fiscal Years 2022/23 and 2023/24.

2. Provide staff with recommended changes or updates to the Draft Fiscal Year 2022/23 and 2023/24 City of Cloverdale Operating Budget and direct staff to bring back final for adoption on June 23, 2022. ________________________________________________________________________________________ Subcommittee Recommendation:

None
________________________________________________________________________________________ Budget/Financial Impact:

Approval of the Final budget will establish the budget authority for the Fiscal Years 2022/23 and 2023/24.

Attachments:

1. Resolution

2. Budget Goal Statements for Fiscal Year 2022/23 and 2023/24

3. Fiscal Years 2022/23 and 2023/24 Draft Operating Budget 38 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE FISCAL YEARS 2022/23 AND 2023/24 BIENNIAL BUDGET
WHEREAS, the City Council reviewed and discussed the draft City Budget at a Council Meeting on May 25, 2022; and
WHEREAS, the City Manager and Finance director presented the proposed budget for fiscal year 2022/23 and 2023/24, including estimated revenues and recommended appropriations for operations; and WHEREAS, the City Council reviewed the contents of the City Budget during a regular meeting on May 25, 2022 and provided additional direction to staff to update the draft budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale does hereby:

1. Adopt the Proposed Budget for fiscal years 2022-23 and 2023-24 attached hereto as Exhibit A.

2. Authorize the City Manager to take all necessary and proper steps to implement this budget, including making expenditures which require prior approval of the City Council as set forth in the Cloverdale Municipal Code and State law.

3. Direct the City Manager to notify the City Council on a timely basis and prepare a budget adjustment when it appears a budget will be exceeded.

Ayes: (_) and Mayor Bagby
Noes: (_) None

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A – City of Cloverdale Fiscal Years 2022-23 and 2023-24 Budget 39 Draft Budget Goal Statements for FY 2022-24
 Drought Response - Promote water conservation and water development projects that enhance and support our local water supply. Continue developing response to the on-going drought conditions by pursuing federal and state funding.  Revenue Enhancement (economic development) – Explore and Implement Progressive Strategies to enhance fiscal responsibility and raise municipal revenue to fund vital public services and projects that enhance Cloverdale’s quality of life.
 Housing and Homelessness – Address the City’s housing needs with a primary focus on completing the update of the General Plan Housing Element. Complete, adopt and begin implementing the homelessness strategic plan with strategies that provide permanent housing options and address the fundamental causes of homelessness.  Infrastructure - Invest in the completion of key infrastructure (streets, parks, water/wastewater and city facilities) projects identified in the Adopted Capital Improvement Program
 Technology – Invest in technology improvements that enhance cyber security and protected the City’s IT Infrastructure.  Planning & Sustainability – Implement planning initiatives that reduce costs and improve resiliency while meeting sustainability targets and environmental goals.
 Emergency Preparedness – Continue to support investments that enhance emergency preparedness and response. 8 40
City-Wide Information
Staffing Allocations
Fund Balances
General Fund Summary
Impact Fees
Interfund Transfers
Reserve Policy
General Fund Surplus Policy
Investment Policy
General Fund Departments
General Fund Revenue
City Council
City Manager
City Clerk
Community Support
Human Resources
Risk Management
Finance
General Services
Police Administration
Police Operations
Police Communications/Records
Police Auxillary Services
Facilities Maintenance
Parks & Recreation
Cemetery
Planning Commission
Planning
Engineering & Building Services
Building, Plan Check & Inspection
Special Revenue Funds
Retirement Fund
Inclusionary Housing Fund
Public Education and
Government
(PEG) Fund
Road Maintenance &
Rehabilitation Fund
Gas Tax Fund:

Street Maintenance
Storm Drain Maintenance
Measure M Streets Sales Tax
Planning Grant Fund (SB2)
Transportation Development
Block Grant (TDA3) Fund
Community Development Block
Grant (CDBG)
Measure M Parks Sales Tax
Fund
Porterfield Creek Trails Open
Space Preserve Fund
Landscape and Lighting
Districts:

Jefferson Springs
Vintage Meadows
Cottages
The Vineyards
Ioli Ranch
Brookside Terrace
Sunrise Hills
Enterprise Funds
Water Enterprise Fund:

Water | Revenue, Debt Service &
Txfrs
Water | Metering and Billing
Water | Operations
Water | Distribution
Water Enterprise Summary
Wastewater Enterprise Fund:

Wastewater | Revenue, Debt
Service & Txfrs
Wastewater | Metering and Billing
Wastewater | Operations
Wastewater | Collections
Wastewater Enterprise Summary
Airport Fund
RDA Successor Agency Fund
LMIH Successor Agency Fund
Draft Table of Contents 05/25/2022
Draft Fiscal Years 2022-23 and 2023-24 Online Budget Book 41 Authorized Positions
Staffing Allocations by Fund
Funds Description FY2023 FY2024
Allocated FTE Count
Airport Fund 0.08 0.08
Brookside L&L Fund-Zone 6 0.03 0.03
Cottages L&L Fund-Zone 3 0.31 0.31
Gas Tax Fund 0.99 0.99
General Fund 28.67 28.67
Inclusionary Housing Fund 0.40 0.40
Ioli L&L Fund-Zone 5 0.01 0.01
Jefferson L&L Fund-Zone 1 0.08 0.08
Sales Tax/Measure M Parks 0.70 0.70
Sewer Operations Fund 5.87 5.87
Sunrise L&L Fund-Zone 7 0.07 0.07
Vineyards L&L Fund-Zone 4 0.04 0.04
Vintage L&L Fund-Zone 2 0.25 0.25
Water Operations Fund 7.51 7.51
ALLOCATED FTE COUNT 45.00 45.00
Staffing Allocation by Fund
Fiscal Years 2022-23 and 2023-24
Draft Budget by Fund
42 Projected Fiscal Year 2021-22
Summary of Fund Balances
Draft Summary Fund Balance
Budget Fiscal Years 2022-23 and 2023-24
43 Draft Budget Fiscal Year 2022-23
Summary of Fund Balances
44 Draft Budget Fiscal Year 2023-24
Summary of Fund Balances
124 N. Cloverdale Blvd., Cloverdale, CA 95425
Phone: (707) 894-2521 www.cloverdale.net
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45 Authorized Positions
General Fund Summary
Position Name FY2023 FY2024
Allocated FTE Count
City Clerk 1.00 1.00
Senior Engineering Technician 1.00 1.00
Police Records Technician 1.00 1.00
Dispatcher 5.00 5.00
Seasonal Parks/Lndscpe Maint 1.50 1.50
Police Sergeant 2.00 2.00
Community Services Officer 1.00 1.00
Crossing Guards 1.00 1.00
Chief of Police 1.00 1.00
Finance & HR Analyst 1.00 1.00
Accounting Assistant II 1.00 1.00
Wastewater Treatment Plant Operator I 1.00 1.00
City Council Member 0.00 0.00
Utility Maintenance Worker I (Public Works) 2.00 2.00
Dispatch Supervisor 1.00 1.00
City Treasurer 0.00 0.00
Accounting Technician 1.00 1.00
Police Officer Reserve 0.08 0.08
School Resource Officer 0.46 0.46
Associate Planner 1.00 1.00
Finance Director 1.00 1.00
Police Officer 9.00 9.00
Senior Wastewater Treatment Plant Operator 1.00 1.00
Office Specialist 1.00 1.00
Utility Maintenance Worker II (Public Works) 2.00 2.00
Public Works Director/City Engineer 1.00 1.00
Water Treatment Plant Operator II 1.00 1.00
City Manager 1.00 1.00
Police Lieutenant 1.00 1.00
Senior Water Treatment Plant Operator 1.00 1.00
Parks Superintendent 1.00 1.00
Park & Landscape Maintenance Assistant 1.00 1.00
Assistant City Manager/Community Development Director 1.00 1.00 ALLOCATED FTE COUNT 45.04 45.04
100 General Fund Summary
General Fund Summary
Budget Fiscal Years 2022-23 and 2023-24
46 Write a caption to provide helpful context and explanation for images, graphs and embedded content. 2021 - 22 Budget 2022 - 23 Budget 2023 - 24 Budget
Revenues $10,168,949 $10,636,140 $8,908,709
Expenses $9,595,655 $11,216,541 $9,712,958
REVENUES LESS EXPENSES $573,294 -$580,401 -$804,249
124 N. Cloverdale Blvd., Cloverdale, CA 95425
Phone: (707) 894-2521 www.cloverdale.net
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47 Budgeted Impact Fee Expenditures
124 N. Cloverdale Blvd., Cloverdale, CA 95425
Phone: (707) 894-2521
www.cloverdale.net
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Impact Fee Expenditures
Fiscal Years 2022-23 and 2023-24
Draft Budget Impact Fee Expenditures
48 Projected Fiscal Year 2021-22 Interfund Transfers
Draft Budget Fiscal Year 2022-23 Interfund Transfers
Interfund Transfers
FY 2022-23 and FY 2023-24
General Fund
49 Draft Budget Fiscal Year 2023-24 Interfund Transfers 124 N. Cloverdale Blvd., Cloverdale, CA 95425
Phone: (707) 894-2521 www.cloverdale.net
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50 51
52 n
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CITY OF
CLOVER__DALE

GENERAL FUND SURPLUS POLICY
It is in the best interest of the citizens of the City of Cloverdale who rely upon the City for public access and services that the City should prioritize allocation of General Fund resources towards critical, core municipal services that are in alignment with the City Council's goals. Therefore, the City Council shall authorize the establishment of the General Fund Surplus Policy to broadly define how future surpluses should be dedicated.

This policy shall be defined by the General Fund's Fiscal Year audited, final results and shall begin with Fiscal Year ended June 30, 2016. Allocation of any annual General Fund surplus shall be made in the following priority order:
1) 30% of any surplus, up to $100,000 per year, shall be set aside into the Emergency Reserve Fund, up to the target level of 8% of annual General Fund expenditures. 2) Any remaining General Fund surpluses shall first be used to maintain the Contingency Reserve, up to the target level of 17% of annual General Fund expenditures. 3) Any remaining surplus in excess of the amounts stated above shall be allocated as follows:
a. Equipment Replacement Reserves. The annual contribution to these reserves will be equal to the annual depreciation expense plus 5% to provide sufficient replacement funding for equipment capital items costing greater than $10,000.
b. Police Vehicle Replacement Reserves. The annual contribution to these reserves will be equal to the annual depreciation expense plus 5% to provide sufficient replacement funding for vehicle capital items costing greater than $10,000.
c. Facility Replacement and Maintenance Reserves. The annual contribution to these reserves will be equal to the annual depreciation expense plus 5% to provide sufficient funding for facility capital improvements costing greater than $10,000.
d. Compensated Absences Reserve. The annual contribution to these reserves will be equal to 10% of the estimated non-current employee compensated absences payable. Additional increments of 10% will be set aside each year until 50% of the non-current compensated balance is reached. 53 1

INVESTMENT POLICY STATEMENT

1. Policy
It is the policy of the City of Cloverdale to invest public funds in a manner that will provide the highest investment return with the maximum security while meeting the daily cash flow demand of the City and conforming to all California laws and local statutes governing the investment of public funds.

2. Scope
This Investment Policy applies to all the funds and investment activities under the direct authority of the City of Cloverdale as accounted for in the Comprehensive Annual Financial Report (CAFR). Policy statements outlined in this document focus on the City of Cloverdale’ pooled funds, but will also apply to all other funds under the Finance Manager’s span of control, unless specifically exempted by statue or ordinance. This policy is applicable, but not limited to, all funds listed below:
 General Fund
 Enterprise Funds
 Special Revenue Funds
 Capital Project Funds
 Debt Service Funds
 Trust and Agency Funds
Excluded funds are those held with a fiscal agent, which have their own specific “permitted investments” section in the bond covenants. These funds include funds reserved for debt service and pension funds.

3. Prudence
Investments shall be made with judgment and care – under circumstances then prevailing – which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by the City’s investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. The Finance Manager and/or City Manager, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations that result in a loss of principal are reported to the City Manager immediately, and to the City Council at their next meeting addressing appropriate actions to be taken to control adverse developments.

4. Objective
The primary objectives in priority order of the City of Cloverdale’s investment activities shall be:
54 2

4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Cloverdale shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.

4.2 Liquidity: The City of Cloverdale’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated.

4.3 Return: The City of Cloverdale’s investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and the cash flow characteristics of the portfolio.

5. Delegation of Authority
Authority to manage the City’s investment program is derived from the California Government Code.

Management responsibility for the investment program is hereby delegated to the Finance Manager, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures shall include, but not be limited to, references to: safekeeping, wire transfer agreements, collateral/depository agreements, banking services contracts, local banking preferences, and other investment-related activities. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Manager. The Finance Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinates. Delegation of authority shall expire one year from the date of adoption of this policy as required by State law.

6. Ethics and Conflicts of Interest
The City Council, City Manager and Finance Manager shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Council Members, City Manager and Finance Manager shall disclose to the City Attorney any material financial interests in financial institutions that conduct business within the jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. The City Attorney and City Treasurer shall review all disclosures made to insure there are no conflicts with any planned investment.

7. Authorized Financial Dealers and Institutions
The Finance Manager will maintain a list of financial institutions and primary dealers authorized to provide investment services. "Primary" dealers include those that regularly report to the Federal Reserve Bank and should qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule).

All financial institutions, dealers and cash managers who desire to become qualified bidders for investment transactions must supply the City with the following: audited financial statements, proof of National Association of Security Dealers certification when applicable, completed questionnaire and certification of having read the City of Cloverdale’ investment policy and depository contracts. 55 3

8. Authorized Investments and Limitations of Investments Investment of City funds is governed by the California Government Code Sections 53600 et seq. Within the context of the limitations, the following investments are authorized, as further limited herein:

1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest, there is no percentage limitation of the portfolio that can be invested in this category.

2. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.

3. Local Agency Investment Fund (LAIF) which is a State of California managed investment pool may be used up to the maximum permitted by LAIF.

4. Insured savings accounts are permitted without limitations.

Investments detailed in items 5 through 10 are further restricted to 5% of the purchase value of all investments and cash accounts (the portfolio), in any one issuer name. The total value invested in any one issuer shall also not exceed 5% of the issuer's net worth.

5. Bills of exchange or time drafts drawn on and accepted by commercial banks, otherwise known as banker's acceptances are permitted. Banker's acceptances purchased may not exceed 180 days to maturity or 40% of the cost value of the portfolio.

6. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided by Moody's Investor Services, Inc., Standard & Poor's, or Fitch Financial Services, inc. Commercial paper shall be issued by domestic corporations having assets in excess of $500,000,000 and having a "AA" or better rating on its long-term debentures as provided by Moody's, Standard & Poor's, or Fitch. Purchases of eligible commercial paper may not exceed 270 days to maturity nor represent more than 10% of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25% of the City's portfolio.

7. Negotiable certificates of deposit issued by nationally or state chartered banks or state or federal savings institutions. Purchases of negotiable certificates of deposit may not exceed 30% of total portfolio.

8. Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations. Since time deposits are not liquid, no more than 25% of the investment portfolio may be invested in this investment type.

9. Medium Term Corporate Notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Securities eligible for investment shall be rated "A" or better by Moody's or Standard & Poor's rating services. Purchase of medium term notes may not exceed 30% of the purchase value of the portfolio and no more than 5% of the purchase value of the portfolio may be invested in notes issued by one corporation.

10. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment pursuant to this subdivision these companies shall either: (1) attain the highest ranking letter or numerical rating provided by not less than two of the three largest nationally recognized rating services or (2) have an investment advisor registered with the Securities and Exchange Commission with not less than five years experience investing in securities and obligations authorized by Government Code section 53601 and with assets under management in excess of $500,000,000. The purchase price of shares shall not exceed 15% of the investment portfolio. 56 4

11. California Asset Management Program

9. Ineligible Investments
The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool or mortgages, or in any security that could result in zero interest accrual if held to maturity, or any other investment not listed in this policy.

10. Safekeeping and Custody
All securities owned by the City, including collateral for repurchase agreements, shall be held in safekeeping by the City’s custodian bank or a third party bank trust department, acting as agent for the City under the terms of a custody or trustee agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures.

11. Percentage Limitations
Where a section specifies a percentage limitation for a particular category of investments, that percentage is applicable only at the date of purchase. Where a section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment.

12. Reporting Requirements
The Finance Manager shall annually render to the City Council a statement of investment policy, which the Council shall review and approve at a public meeting. The Council at a public meeting shall also review and approve any changes to the policy.

The Treasurer shall render a quarterly investment report to the Council within 30 days after the end of the subject quarter. The quarterly report shall include for each individual investment:
 Description of investment instrument
 Issuer name
 Maturity date
 Purchase price
 Par value
 Current market value and the source of the valuation
The quarterly report also shall; (1) state compliance of the portfolio to the investment policy, or manner in which the portfolio is not in compliance, (II) include a description of any of the City's funds, investments or programs that are under the management of contracted parties, including lending programs, and (III) include a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may not be available. 57 General Fund Revenues
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Other Financing Sources
Charges for Services
Miscellaneous Revenue
Licenses and Permits
Intergovernmental Revenues
Special Assessments and Fines
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget General Fund Revenue
Fiscal Years 2022-23 and 2023-24
Fund 100
58 Authorized Positions
City Council - 101
Position Name FY2023 FY2024
Allocated FTE Count
City Council Member 0.00 0.00
ALLOCATED FTE COUNT 0.00 0.00
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Services and Supplies
Salaries and Employee Benefits
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 100.0K

25.0K

50.0K

75.0K
125.0K
150.0K
175.0K
Dollars
Services and Supplies
Salaries and Employee Ben…
Sort Large to Small 
City Council
Fiscal Years 2022-23 and 2023-24
General Fund
59 Authorized Positions
City Manager - 102
Position Name FY2023 FY2024
Allocated FTE Count
Assistant City Manager/Community Development Director 0.30 0.30 City Manager 0.35 0.35
ALLOCATED FTE COUNT 0.65 0.65
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Salaries and Employee Benefits
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget City Manager
Fiscal Years 2022-23 and 2023-24
General Fund
60 Authorized Positions
City Clerk - 103
Position Name FY2023 FY2024
Allocated FTE Count
City Clerk 1.00 1.00
City Manager 0.05 0.05
ALLOCATED FTE COUNT 1.05 1.05
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Services and Supplies
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget City Clerk
Fiscal Years 2022-23 and 2023-24
General Fund
61 , , ,
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 50.0K
100.0K
150.0K
200.0K
250.0K
Dollars
Services and Supplies
Sort Large to Small 
Community Support
Fiscal Years 2022-23 and 2023-24
General Fund
62 Authorized Positions
HR 105
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.20 0.20
ALLOCATED FTE COUNT 0.20 0.20
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Salaries and Employee Benefits
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 50.0K
100.0K
150.0K
200.0K
Dollars
Services and Supplies
Salaries and Employee Ben…
Sort Large to Small 
Human Resources
Fiscal Years 2022-23 and 2023-24
General Fund
63 , , ,
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Services and Supplies
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budget
Fiscal Year

0.0 100.0K
200.0K
300.0K
400.0K
500.0K
Dollars
Services and Supplies
Sort Large to Small 
Risk Management
Fiscal Years 2022-23 and 2023-24
General Fund
64 Authorized Positions
Finance 201
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.10 0.10
Accounting Assistant II 0.10 0.10
City Treasurer 0.00 0.00
Accounting Technician 0.20 0.20
Finance Director 0.30 0.30
Office Specialist 0.20 0.20
ALLOCATED FTE COUNT 0.90 0.90
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Salaries and Employee Benefits
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Finance
Fiscal Years 2022-23 and 2023-24
General Fund
65 Expenditures
100.203 General Services
2021 - 22 Budget 2022 - 23 Budget 2023 - 24 Budget
Services and Supplies $334,195 $405,950 $408,450
TOTAL $334,195 $405,950 $408,450
Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 50.0K
100.0K
150.0K
200.0K
250.0K
300.0K
350.0K
400.0K
Dollars
Services and Supplies
Sort Large to Small 
General Services
Fiscal Years 2022-23 and 2023-24
General Fund
66 Authorized Positions
PD Admin 301
Position Name FY2023 FY2024
Allocated FTE Count
Chief of Police 1.00 1.00
Police Sergeant 2.00 2.00
Police Lieutenant 1.00 1.00
ALLOCATED FTE COUNT 4.00 4.00
Expenses
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Services and Supplies
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Police Administration
Fiscal Years 2022-23 and 2023-24
General Fund
67 Authorized Positions
PD Ops 302
Position Name FY2023 FY2024
Allocated FTE Count
Police Officer 10.00 10.00
ALLOCATED FTE COUNT 10.00 10.00
Expenses
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Services and Supplies
Capital Outlay
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Police Operations
Fiscal Years 2022-23 and 2023-24
General Fund
68 Authorized Positions
Communications 303
Position Name FY2023 FY2024
Allocated FTE Count
Police Records Technician 1.00 1.00
Dispatch Supervisor 1.00 1.00
Dispatcher 5.00 5.00
ALLOCATED FTE COUNT 7.00 7.00
Expenses
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Services and Supplies
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Police Communications/Records
Fiscal Years 2022-23 and 2023-24
General Fund
69 Authorized Positions
PD Auxiliary 304
Position Name FY2023 FY2024
Allocated FTE Count
Crossing Guards 1.00 1.00
Community Services Officer 1.00 1.00
ALLOCATED FTE COUNT 2.00 2.00
Expenses
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Services and Supplies
Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Police Auxiliary Services
Fiscal Years 2022-23 and 2023-24
General Fund
70 Authorized Positions
Facilities - 401
Position Name FY2023 FY2024
Allocated FTE Count
Utility Maintenance Worker II (Public Works) 0.05 0.05
ALLOCATED FTE COUNT 0.05 0.05
Expenses
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Services and Supplies
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Facilities Maintenance
Fiscal Years 2022-23 and 2023-24
General Fund
71 Authorized Positions
Parks - 404
Position Name FY2023 FY2024
Allocated FTE Count
Park & Landscape Maintenance Assistant 0.55 0.55
Parks Superintendent 0.53 0.53
Parks Maintenance Worker 0.30 0.30
Utility Maintenance Worker I (Public Works) 0.05 0.05
ALLOCATED FTE COUNT 1.42 1.42
Expenses
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Parks
Fiscal Years 2022-23 and 2023-24
General Fund
72 Expenses
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 2.0K

4.0K

6.0K

8.0K

10.0K

12.0K
Dollars
Services and Supplies
Sort Large to Small 
Cemetery
Fiscal Years 2022-23 and 2023-24
General Fund
73 Expenses
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Visualization
2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 2.0K

4.0K

6.0K

8.0K

10.0K

12.0K
Dollars
Services and Supplies
Sort Large to Small 
Planning Commission
Fiscal Years 2022-23 and 2023-24
General Fund
74 Authorized Positions
Planning 502
Position Name FY2023 FY2024
Allocated FTE Count
Assistant City Manager/Community Development Director 0.35 0.35 Associate Planner 0.45 0.45
ALLOCATED FTE COUNT 0.80 0.80
Expenses
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Planning
Fiscal Years 2022-23 and 2023-24
General Fund
75 Authorized Positions
Engineering 601
Position Name FY2023 FY2024
Allocated FTE Count
Public Works Director/City Engineer 0.05 0.05
Senior Engineering Technician 0.30 0.30
ALLOCATED FTE COUNT 0.35 0.35
Expenses
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Engineering and Building Services
Fiscal Years 2022-23 and 2023-24
General Fund
76 Authorized Positions
Bldg/PlanCheck/Insp 602
Position Name FY2023 FY2024
Allocated FTE Count
Associate Planner 0.25 0.25
ALLOCATED FTE COUNT 0.25 0.25
Expenses
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Total
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Building, Plan Check and Inspection Srvcs
Fiscal Years 2022-23 and 2023-24
General Fund
77 Revenue and Expenses
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Property Tax
Expenses
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Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 500.0K

1.0M

1.5M

2.0M

2.5M

3.0M
Dollars
Revenues
Expenses
Retirement Fund
Fiscal Years 2022-23 and 2023-24
Fund 200
78 Authorized Positions
Inclusionary Housing 205
Position Name FY2023 FY2024
Allocated FTE Count
Assistant City Manager/Community Development Director 0.15 0.15 Associate Planner 0.15 0.15
City Council Member 0.00 0.00
City Manager 0.10 0.10
ALLOCATED FTE COUNT 0.40 0.40
Revenues and Expenses
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Inclusionary Housing
Fiscal Years 2022-23 and 2023-24
Fund 205
79 Revenue and Expenses
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 10.0K

20.0K

30.0K

40.0K

50.0K
Dollars
Revenues
Expenses
Public Education & Government (PEG)
Fiscal Years 2022-23 and 2023-24
Fund 213
80 Revenues and Expenses
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budget
Fiscal Year

0.0 100.0K
200.0K
300.0K
400.0K
500.0K
600.0K
700.0K
Dollars
Expenses
Revenues
Road Maintenance & Rehab SB1
Fiscal Years 2022-23 and 2023-24
Fund 209
81 Authorized Positions
Gas Tax - Streets 402
Position Name FY2023 FY2024
Allocated FTE Count
Park & Landscape Maintenance Assistant 0.20 0.20
Parks Superintendent 0.21 0.21
Public Works Director/City Engineer 0.10 0.10
Utility Maintenance Worker II (Public Works) 0.19 0.19
Utility Maintenance Worker I (Public Works) 0.26 0.26
ALLOCATED FTE COUNT 0.96 0.96
Revenue and Expenses
Streets 210.402
2021 - 22 Budget 2022 - 23 Budget 2023 - 24 Budget
Revenues $871,451 $801,647 $667,805
Expenses $681,060 $801,647 $667,805
REVENUES LESS EXPENSES $190,391 $0 $0
Street Maintenance
Fiscal Year 2022-23 and 2023-24
Gas Tax Fund 210
82 Authorized Positions
Gas Tax - Storm Drains 403
Position Name FY2023 FY2024
Allocated FTE Count
Utility Maintenance Worker I (Public Works) 0.03 0.03
ALLOCATED FTE COUNT 0.03 0.03
Revenues and Expenses

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Expenses
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Storm Drain Maintenance
Fiscal Years 2022-23 and 2023-24
Gas Tax Fund 210
83 Revenues and Expenses
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Expenses
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budget
Fiscal Year

0.0 100.0K

25.0K

50.0K

75.0K
125.0K
150.0K
175.0K
Dollars
Revenues
Expenses
Measure M | Streets Sales Tax
Fiscal Years 2022-23 and 2023-24
Street Sales Tax Fund 212
84 Revenues and Expenses
,
,
,
Revenues
Expenses
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budget
Fiscal Year

0.0 20.0K

40.0K

60.0K

80.0K
100.0K
Dollars
Revenues
Expenses
SB2 Planning Grant
Fiscal Years 2022-23 and 2023-24
Fund 222
85 Revenues and Expenses
,
,

Revenues
Expenses
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 100.0K

25.0K

50.0K

75.0K
125.0K
150.0K
175.0K
Dollars
Expenses
Revenues
Transportation Development Act Grant
Fiscal Years 2022-23 and 2023-24
TDA3 Fund 223
86 Revenues and Expenses
,
,
,
,
Revenues
Other Financing Sources
Miscellaneous Revenue
Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 100.0K

25.0K

50.0K

75.0K
125.0K
150.0K
Dollars
Revenues
Expenses
Community Development Grant Fund
Fiscal Years 2022-23 and 2023-24
CDBG Fund 224
87 Authorized Positions
Measure M Parks 214
Position Name FY2023 FY2024
Allocated FTE Count
Parks Maintenance Worker 0.70 0.70
ALLOCATED FTE COUNT 0.70 0.70
Revenues and Expenses
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Measure M | Parks
Fiscal Years 2022-23 and 2023-24
Fund 214
88 Revenues and Expenses
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Expenses
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget 2021-22
Budget
2022-23
Budget
2023-24
Budge
Fiscal Year

0.0 10.0K

2.5K

5.0K

7.5K

12.5K
Dollars
Revenues
Expenses
Porterfield Creek Trails Open Space Preserve
Fiscal Years 2022-23 and 2023-24
Fund 225
89 Authorized Positions
Jefferson 231
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.01 0.01
Utility Maintenance Worker II (Public Works) 0.01 0.01
Public Works Director/City Engineer 0.00 0.00
City Manager 0.00 0.00
Parks Superintendent 0.03 0.03
Park & Landscape Maintenance Assistant 0.02 0.02
ALLOCATED FTE COUNT 0.08 0.08
Revenues and Expenses
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Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Jefferson Springs
Fiscal Years 2022-23 and 2023-24
Fund 231
90 Authorized Positions
Vintage 232
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.01 0.01
Utility Maintenance Worker I (Public Works) 0.03 0.03
Utility Maintenance Worker II (Public Works) 0.03 0.03
Public Works Director/City Engineer 0.01 0.01
City Manager 0.01 0.01
Parks Superintendent 0.07 0.07
Park & Landscape Maintenance Assistant 0.09 0.09
ALLOCATED FTE COUNT 0.25 0.25
Revenues and Expenses
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Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Vintage Meadows
Fiscal Years 2022-23 and 2023-24
Fund 232
91 Authorized Positions
Cottages 233
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.02 0.02
Utility Maintenance Worker I (Public Works) 0.02 0.02
Utility Maintenance Worker II (Public Works) 0.02 0.02
Public Works Director/City Engineer 0.02 0.02
City Manager 0.02 0.02
Parks Superintendent 0.09 0.09
Park & Landscape Maintenance Assistant 0.10 0.10
ALLOCATED FTE COUNT 0.31 0.31
Revenues and Expenses
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Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget The Cottages
Fiscal Years 2022-23 and 2023-24
Fund 233
92 Authorized Positions
Vineyards 234
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.00 0.00
Utility Maintenance Worker II (Public Works) 0.00 0.00
Public Works Director/City Engineer 0.00 0.00
City Manager 0.00 0.00
Parks Superintendent 0.01 0.01
Park & Landscape Maintenance Assistant 0.01 0.01
ALLOCATED FTE COUNT 0.04 0.04
Revenues and Expenses
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Capital Outlay
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Vineyards @ Cloverdale
Fiscal Years 2022-23 and 2023-24
Fund 234
93 Authorized Positions
Ioli Ranch 235
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.00 0.00
Utility Maintenance Worker II (Public Works) 0.00 0.00
Public Works Director/City Engineer 0.00 0.00
City Manager 0.00 0.00
Parks Superintendent 0.00 0.00
Park & Landscape Maintenance Assistant 0.00 0.00
ALLOCATED FTE COUNT 0.01 0.01
Revenues and Expenses
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Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Ioli Ranch
Fiscal Years 2022-23 and 2023-24
Fund 235
94 Authorized Positions
Brookside 236
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.00 0.00
Utility Maintenance Worker II (Public Works) 0.00 0.00
Public Works Director/City Engineer 0.00 0.00
City Manager 0.00 0.00
Parks Superintendent 0.01 0.01
Park & Landscape Maintenance Assistant 0.01 0.01
ALLOCATED FTE COUNT 0.03 0.03
Revenues and Expenses
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Capital Outlay
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Brookside Terrace
Fiscal Years 2022-23 and 2023-24
Fund 236
95 Authorized Positions
Sunrise 237
Position Name FY2023 FY2024
Allocated FTE Count
Finance & HR Analyst 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.00 0.00
Utility Maintenance Worker II (Public Works) 0.00 0.00
Public Works Director/City Engineer 0.00 0.00
City Manager 0.00 0.00
Parks Superintendent 0.03 0.03
Park & Landscape Maintenance Assistant 0.02 0.02
ALLOCATED FTE COUNT 0.07 0.07
Revenues and Expenses
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Capital Outlay
Revenues Less Expenses
Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Sunrise Hills
Fiscal Years 2022-23 and 2023-24
Fund 237
96 Revenues and Expenses
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Water Enterprise | Revenue, Debt Service and
Transfers
Fiscal Years 2022-23 and 2023-24
Fund 600
97 Authorized Positions
Water Metering & Admin 600.202
Position Name FY2023 FY2024
Allocated FTE Count
Office Specialist 0.40 0.40
Accounting Assistant II 0.50 0.50
Finance & HR Analyst 0.36 0.36
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ALLOCATED FTE COUNT 2.06 2.06
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Fiscal Years 2022-23 and 2023-24
Fund 600
98 Authorized Positions
Water Ops 600.800
Position Name FY2023 FY2024
Allocated FTE Count
Senior Engineering Technician 0.35 0.35
City Council Member 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.75 0.75
Associate Planner 0.10 0.10
Public Works Director/City Engineer 0.45 0.45
Water Treatment Plant Operator II 1.00 1.00
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Fiscal Years 2022-23 and 2023-24
Fund 600
99 Authorized Positions
Water Distribution 600.801
Position Name FY2023 FY2024
Allocated FTE Count
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Fiscal Years 2022-23 and 2023-24
Fund 600
100
Authorized Positions
Water Summary 600
Position Name FY2023 FY2024
Allocated FTE Count
Senior Engineering Technician 0.35 0.35
Finance & HR Analyst 0.36 0.36
Accounting Assistant II 0.50 0.50
City Council Member 0.00 0.00
Utility Maintenance Worker I (Public Works) 1.20 1.20
Accounting Technician 0.40 0.40
Associate Planner 0.10 0.10
Finance Director 0.40 0.40
Office Specialist 0.40 0.40
Utility Maintenance Worker II (Public Works) 1.00 1.00
Public Works Director/City Engineer 0.45 0.45
Water Treatment Plant Operator II 1.00 1.00
City Manager 0.25 0.25
Senior Water Treatment Plant Operator 1.00 1.00
Assistant City Manager/Community Development Director 0.10 0.10 ALLOCATED FTE COUNT 7.51 7.51
Revenues and Expenses
Water Enterprise Summary
Fiscal Years 2022-23 and 2023-24
Fund 600
101
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124 N. Cloverdale Blvd., Cloverdale, CA 95425
Phone: (707) 894-2521 www.cloverdale.net
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Wastewater Revenue, Debt Service and
Transfers
Fiscal Years 2022-23 and 2023-24
Fund 630
103
Authorized Positions
Water Metering & Admin 600.202
Position Name FY2023 FY2024
Allocated FTE Count
Office Specialist 0.40 0.40
Accounting Assistant II 0.50 0.50
Finance & HR Analyst 0.36 0.36
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ALLOCATED FTE COUNT 2.06 2.06
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Expand All 2021-22 Budget 2022-23 Budget 2023-24 Budget Wastewater | Metering and Administration
Fiscal Years 2022-23 and 2023-24
Fund 630
104
Authorized Positions
Sewer Ops 630.800
Position Name FY2023 FY2024
Allocated FTE Count
Senior Engineering Technician 0.35 0.35
Accounting Assistant II 0.40 0.40
Wastewater Treatment Plant Operator I 1.00 1.00
City Council Member 0.00 0.00
Associate Planner 0.05 0.05
Senior Wastewater Treatment Plant Operator 1.00 1.00
Public Works Director/City Engineer 0.35 0.35
City Manager 0.20 0.20
Assistant City Manager/Community Development Director 0.10 0.10 ALLOCATED FTE COUNT 3.45 3.45
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Fiscal Years 2022-23 and 2023-24
Fund 630
105
Authorized Positions
Sewer Collections 630.801
Position Name FY2023 FY2024
Allocated FTE Count
Utility Maintenance Worker I (Public Works) 0.40 0.40
Utility Maintenance Worker II (Public Works) 0.65 0.65
ALLOCATED FTE COUNT 1.05 1.05
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Fiscal Years 2022-23 and 2023-24
Fund 630
106
Authorized Positions
Wastewater Summary 630
Position Name FY2023 FY2024
Allocated FTE Count
Senior Engineering Technician 0.35 0.35
Finance & HR Analyst 0.27 0.27
Accounting Assistant II 0.40 0.40
Wastewater Treatment Plant Operator I 1.00 1.00
City Council Member 0.00 0.00
Utility Maintenance Worker I (Public Works) 0.40 0.40
Accounting Technician 0.40 0.40
Associate Planner 0.05 0.05
Finance Director 0.30 0.30
Senior Wastewater Treatment Plant Operator 1.00 1.00
Office Specialist 0.40 0.40
Utility Maintenance Worker II (Public Works) 0.65 0.65
Public Works Director/City Engineer 0.35 0.35
City Manager 0.20 0.20
Assistant City Manager/Community Development Director 0.10 0.10 ALLOCATED FTE COUNT 5.87 5.87
Revenues and Expenses
Wastewater Enterprise Summary
Fiscal Years 2022-23 and 2023-24
Fund 630
107
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Authorized Positions
Airport 670
Position Name FY2023 FY2024
Allocated FTE Count
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ALLOCATED FTE COUNT 0.08 0.08
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Fund 670
109
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111
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

D.5
June 8, 2022
Agenda Section:

Consent
Staff Contact:

Rafael Miranda, Associate Planner
Agenda Item Title:

Urban Growth Boundary (UGB) Mapping Error correction for Assessor Parcel Number (APN) 117-040-055. ________________________________________________________________________________________ Recommended Council Action(s):

Adopt the attached Resolution titled “Resolution of the City Council of the City of Cloverdale Correcting a Mapping error on the Urban Growth Boundary (UGB) map associated with 28165 Old Redwood Hwy (APN 117-040-055)”.
________________________________________________________________________________________ Background:

In May 2022, the Cloverdale Community Development Department discovered a mapping error related to the Urban Growth Boundary (UGB). The error specifically effects an approximately 1.48-acre triangular portion of a 29.48-acre property located at 28165 Old Redwood Hwy (APN 117-040-055). A triangular section along the western side of the property was erroneously left off the map and as a result, the portion of the property was not included within the UGB. The original intent of the City Council and the voters of the City of Cloverdale was to include the entirety of APN 117-040-055 within the UGB. ________________________________________________________________________________________ Summary:

The mapping error appears to have occurred several years ago when the UGB was adopted by Resolution.

The Resolution adopting the UGB does not discuss specific parcels as it relied upon a map and the map does not include the 1.48-acre “triangle” portion of APN 117-040-055 within the boundary of the UGB. Based on this information, it appears that the portion of the property was inadvertently left outside of the Urban Growth Boundary map exhibit that was adopted. It remained unnoticed, as there was apparently no building or zoning activity related to the lot in question since that time.

The subject parcel is owned by the Cloverdale Unified School District and was one (1) of the six (6) parcels included in the Bi’ Du Khaale (Dry Creek Rancheria) annexation project approved by the City Council in October of 2021. The applicant submitted an application for annexation to the Sonoma Local Agency Formation Commission (LAFCO) In order to complete the annexation process. Upon LAFCO’s review, they informed City Planning Staff of the mapping discrepancy for APN 117-040-055.

In order to correct the UGB boundary map, the City Attorney’s office advised that City Council action is necessary to correct the mapping error. Adoption of a Resolution by the City Council ratifying the corrected Urban Growth Boundary map exhibit is expected to address the mapping error.

Correction of the mapping error is exempt from the California Environmental Quality Act (CEQA). ________________________________________________________________________ 112
City Council/Successor Agency Agenda Item Summary
Meeting Date: June 8, 2022
Item No.: D.5

Page 2 of 2 ends

Alternative Options:

1. Refer to Council Subcommittee for further review; or

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

None.
________________________________________________________________________________________ Budget/Financial Impact:

None.
________________________________________________________________________________________ Attachments:

1. Resolution and Exhibit A – Corrected Urban Growth Boundary map 113

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE CORRECTING A MAPPING ERROR ON THE URBAN GROWTH BOUNDARY (UGB) MAP ASSOCIATED WITH 28165 OLD REDWOOD HWY (APN 117-040-055)
WHEREAS, the City Council adopted a 20-year Urban Growth Boundary (UGB) by Resolution No. 039- 2010 on July 14, 2010; and
WHEREAS, the adopted UGB was depicted on a map entitled “General Plan Urban Growth Boundary”; and
WHEREAS, in May 2022 the Cloverdale Community Development Department discovered a mapping error on the “General Plan Urban Growth Boundary” map depicting some erroneous property lines such that an approximately 1.48-acre triangular portion of a 29.48-acre property (28165 Old Redwood Highway, APN 117-040-055) was left off the map accompanying the original UGB adopting resolution; and WHEREAS, the Cloverdale Community Development Department conducted research and determined that APN 117-040-055 likely had the same dimensions as it currently does and that the entire parcel including the approximately 1.48-acre triangular shaped portion was always intended to be included within the UGB; and
WHEREAS, it is desired to correct the mapping error; and WHEREAS, the California Environmental Quality Act (CEQA) does not apply to the correction of a mapping error; and
NOW, THEREFORE, BE IT RESOLVED as follows:

The Cloverdale City Council hereby corrects the mapping error by updating the General Plan Urban Growth Boundary map to include the entire area of APN 117-040-055 within the UGB as depicted on Exhibit A, attached and made a part hereof.

This resolution shall take effect immediately upon its adoption.

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 8th day of June 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED: ATTESTED:
______________________________ _________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A – Corrected UGB Map Exhibit
114
Legend
Urban Growth Boundary Area
Exception Area
Existing City Limits µ
City of Cloverdale
Urban Growth Boundary
Exhibit A
115
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

G.1
June 8, 2022
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Agenda Item Title:

Policy for the Outdoor Display of Flags by the City
________________________________________________________________________________________ Recommended Council Action(s):

Discuss Policy Considerations for Development of a Policy for the Outdoor Display of Flag by the City of Cloverdale and Provide Direction to City Staff on Next Steps ________________________________________________________________________________________ Background:

The City maintains flag poles on City owned property including City Hall, Cloverdale Police Department, Library, City Park and Wastewater Treatment Plant. The U.S. Flag and California State Flag are displayed on City owned/maintained flag poles in accordance with the Federal and State laws (Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code).

From time to time the City has flown commemorative flags including the commemorative flag bringing attention to Violence against Children and the Pride (rainbow) Flag in recognition of Pride Month. The raising of commemorative flags by the City has been in conjunction with adoption of a corresponding proclamation by the City Council. However, the City of Cloverdale does not have a formal policy regarding the display of such flags or the display of commemorative flags.
________________________________________________________________________________________ Summary:

The display of commemorative flags at City facilities can raise First Amendment Free Speech issues, depending on whether the flag is treated as government speech or private speech on public property. Display of commemorative flags by the City could subject the City to First Amendment scrutiny for allowing private speech on public property. If a flagpole was deemed to be a “limited public forum” under the First Amendment, the City could not pick and choose what commemorative flags to fly, except on a contentneutral basis. However, under the government speech doctrine, the City may advance its own speech without requiring viewpoint neutrality when the government itself is the speaker, so long as the City does not show religious preference or encourage a certain vote in an election.

Development of a draft policy is recommended to ensure that any commemorative flags flown at City Facilities is considered City speech. In order to ensure that any policy adopted by the City council addresses potential First Amendment Free Speech issues, a flag policy should:

1. Establish standards and procedures for the display of flags at City facilities;

2. Reflect Federal and State laws and the City’s practices and customs; and

3. Be structured in a manner that treats commemorative flags as government speech.

The policy should clearly state that the City flagpoles are not intended to serve as a forum for free expression by the public. Furthermore, the City Council may also want to consider prohibiting third party requests for 116
City Council/Successor Agency Agenda Item Summary
June 8, 2022
Item No. G.1

Page 2 of 2 ends

commemorative flag displays and only allow for the display of commemorative flags when the request is brought forth by a City Council member and authorized by the City Council as an expression of the Council’s official sentiments. The latter could be accomplished through consideration and adoption of a corresponding Proclamation recognizing the event, month or activity.

The nearby City of Healdsburg and Town of Windsor adopted policies for the outdoor display of flags. The City of Healdsburg adopted a flag policy in April 2021 and Town of Windsor adopted a policy in January of 2021. Copies of the respective policies are attached for reference by the City Council. The policies take alternative approaches to addressing requests for displaying commemorative or non-governmental flags. In Healdsburg’s policy, the City maintains an “Approved Flags List” which includes the Pride Flag. ________________________________________________________________________________________ Options:

1. Provide direction on the preparation of a Flag Policy to City staff and direct that a draft policy be brought back for Council’s consideration; or

2. Provide alternative direction to City staff and/or refer policy matter to a Council Subcommittee for further deliberation and policy development.
________________________________________________________________________________________ Subcommittee Recommendation:

Development of a flag policy has not been discussed by a Council Subcommittee prior to the matter being reviewed by the City Council.
________________________________________________________________________________________ Budget/Financial Impact:

There is no immediate budget or financial impact associated with providing direction to Staff on preparing a draft flag policy.
________________________________________________________________________________________ Attachments:

1. City of Healdsburg Flag Policy

2. Town of Windsor Flag Policy
117
CIT< OF HEALDSB8RG
RESOL8TION NO. 2020-
RESOL8TION A8THORI=ING POLICIES FOR THE
O8TDOOR DISPLA< OF GO9ERNMENTAL AND
NON-GO9ERNMENTAL FLAGS ON CIT< PROPERT<
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118

EXHIBIT A
PROLc\ RQ WKe OXWdRRU DLVSOa\ Rf GRYeUQPeQWaO FOaJV RQ CLW\ PURSeUW\ Purpose
The purpose of this administrative policy is to establish a uniform policy to govern the flying of the United States, California, and City of Healdsburg flags (³Governmental Flags´) on City-owned flagpoles. The City¶s flagpoles are not intended to serve as a forum for expression by the City, and not a forum for expression by the public.

Applicability
The City shall regularly fly, on official, City-owned flagpoles, the flags of the United States of America and the State of California. At the Police Station, the City may also fly the POW/ MIA flag. In addition, in the event one is created and approved by the City Council of the City of Healdsburg (³City´), the City may also fly the flag of the City of Healdsburg.

Half Staff
National flags and/or the California flag on City-owned property shall be flown at half-staff upon order of the President of the United States, or authorization by the Governor of California or the City Council of the City.

National, California, and/or City flags on City-owned property may also be flown at half-staff, at the direction of the City Council, upon the death of:

Ɣ A City Councilmember, past or present;
Ɣ A current City employee;
Ɣ A City retiree having served the City for 25 or more years; and/or Ɣ A prominent resident not holding or having held elected public office, whose accomplishments and contributions to the community demonstrated a significant commitment to the Healdsburg community.

In the above circumstances, flags will be flown at half-staff as soon as practicable following the notification of a death, and will ordinarily be continued for 48 hours.

Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or wearing or carrying a flag. City employees must comply with City policy.
119

EXHIBIT B
PROLc\ RQ WKe OXWdRRU DLVSOa\ Rf NRQ-GRYeUQPeQWaO FOaJV RQ CLW\ PURSeUW\ Purpose
The purpose of this administrative policy is to establish a uniform policy to govern the flying of flags other than the National, California and/or City flag (³Non-Governmental Flags´) as an expression of the City¶s official sentiments on City-owned flagpoles. The City¶s flagpoles are not intended to serve as a forum for free expression by the public.

Procedure
Any person wishing for the City to display a Non-Governmental flag that is not on the ³Approved Flags List´ below must submit a request to the City Manager¶s office.

Requests should be submitted at least 60 days in advance of the first date on which the flag is requested to be flown. The request must include a photograph and dimensions of the flag, and the dates on which the flag is requested to be flown. The City Council shall determine whether the request will be granted, denied, or granted in part.

If the request is approved, the City shall display the flag as determined by the City Council. If the request is not approved, it shall be deemed to have been denied and shall not be reconsidered for a period of six (6) months. The City Council¶s determination shall be final and not subject to appeal.

Unless otherwise noted herein, or approved by the City Council, Non-Governmental flags shall only be flown at City Hall and, when raised, shall replace the flag of the State of California, not the flag of the United States.

Approved Flags List
The following flags are approved for the following locations and time periods. The City Council may update this list at its discretion.

FOaJ LRcaWLRQ TLPe PeULRd
Progress Pride Flag City Hall June 1 ± June 30
POW Flag Police Department Year-round
120
121
122
123
124
City Council
Agenda Item Summary
Agenda Item:

Meeting Date:

G2
June 8, 2022
Agenda Section
New Business
Staff Contact
Rhodora Biagtan, Consulting Staff Engineer
Agenda Item Title
Voluntary Water Sharing Program and Agreement
Recommended Council Action
Adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale Authorizing Participation in the Upper Russian River 2022 Voluntary Water Sharing Program and Authorizing the City Manager to Execute the Voluntary Water Sharing Agreement.”
Background & Summary
The City is a senior water rights holder to some of the oldest water rights on the Russian River. In response to the ongoing drought, the Russian River Drought Response Steering Committee planned for water shortage conditions and drought response, with a goal to avoid or delay curtailment of water supply for users in the Russian River Watershed. City staff participated in the planning to protect its water rights while engaging in water conservation for the region.

The Upper Russian River 2022 Voluntary Water Sharing Program (“Program”) and associated Voluntary Water Sharing Agreement (“agreement”) was developed, under which the City could be asked to reduce diversions from the Russian River by up to 20 percent, compared to its 2017-2019 historical May to September diversions. Should the City Council approve participation in the Program, under current projections, the City’s water enterprise would have a water budget that would provide greater than 104 gallons per capita per day, the minimum needs for human health and safety permitted by the State Water Board for the City under its 2021 curtailment order.

Should available water supply become insufficient to maintain human health and safety and required instream flows, the State Water Board could curtail water diversion from the Russian River for all users. At the minimum, the City could divert water supply to meet minimum needs for human health and safety, which is currently 104 gpcd.

Participation in the Program would exempt the City from emergency curtailment regulations adopted by the State Water Resources Control Board at its May 10, 2022 meeting.

Details on the Program and associated agreement are provided in the attached memorandum to the City Council. City staff recommends participation in the Program and authorization to execute and administer the associated agreement.

Alternative Options

1. Reject Resolution

2. Provide alternative direction to Staff
Budget/Financial Impact
None
Subcommittee Recommendation
None
Attachments:

1. Memorandum to City Council

2. Resolution
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MEMORANDUM
DATE: May 31, 2022
TO: City of Cloverdale City Council
CC: David Kelley, City Manager
FROM: Rhodora Biagtan, West Yost Associates Principal Engineer II REVIEWED BY: Jose M. Sanchez, City Attorney; J. Palmer Hilton, Associate SUBJECT: Upper Russian River 2022 Voluntary Water Sharing Program and Associated Agreement Under this agenda item, City Council is asked to consider participating in the Upper Russian River 2022 Voluntary Water Sharing Program and authorize the City Manager to execute the agreement associated with the program.

City representatives have been participating in the Russian River Drought Response Steering Committee (“Steering Committee”) as part of a regional effort to conserve available water supply during water shortage conditions and in anticipation of increased drought frequency. For the past several months, the Steering Committee has been working on developing a framework for a voluntary water conservation and associated agreement. While the City is engaged in water conservation, it is also intent on protecting its senior water rights.

Staff regularly provided updates on the progress of the voluntary program and agreement to the Public Works Subcommittee as the Program and agreement evolved through Steering Committee discussions.

The Program has been developed, along with an agreement to be executed by participating stakeholders.

Exhibit A (Attachment 1) presents general information on the 2022 Upper Russian River Watershed Water Sharing Program (Program). An agreement associated with participating in the program has been included in this agenda item.

BACKGROUND
The City’s water supply is primarily classified as groundwater under the direct influence of the Russian River.1 The City is a senior water rights holder and has some of the oldest water rights on the Russian River. It has a pre-1914 appropriative water right to the Russian River for at least 2.5 million gallons per day (“MGD”) (910 MG per year) based on 2020 use, with a priority of 1884 and the right to further expand that use by way of the Progressive Use and Development Doctrine. (In the Matter of Complaints Against Diversion and Use of Water by the California-American Water Company (July 6, 1995) SWRCB No. WR 95- 1 Prior water rights analysis has indicated that the City may have groundwater rights that are not hydrologically connected to the Russian River. More analysis is needed to confirm the existence and extent of this right. 126
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10, p. 15.) The City also has a pre-1914 appropriative right to divert water from Big Sulfur Creek in the amount of 125 cubic feet per second (24,000 MG per year) with a priority of 1885.2 Due to the 2021 drought, the City received a State Water Resources Control Board (“State Water Board”) order on August 2, 2021 to cease diversions from the Russian River (“Curtailment Order”), with the exception of diversions to meet minimum water needs for human health and safety. The Curtailment Order was temporarily suspended on October 29, 2021, in anticipation of forecasted precipitation. The State Water Board continues to monitor available water in Lake Mendocino and the Russian River, along with water demands and has continued temporary suspension of curtailment until May 1, 2022.

To plan for water shortage conditions and drought response in the future, regional stakeholders formed the Steering Committee. The Steering Committee collaborated to craft a voluntary water sharing program and agreement, which may allow participants to avoid curtailment by voluntarily conserving water.

State Action Due to Drought
On March 28, 2022, the governor signed Executive Order N-7-22 which extended the state of emergency due to drought into 2022. It called for 15 percent voluntary water conservation and required the State Water Board to adopt emergency regulations, including a requirement that urban water suppliers implement at least Level 2 water shortage condition responses as outlined in their adopted water shortage contingency plans. The Executive Order allows for suspension of the California Environmental Quality Act for activities that help mitigate the effects of drought conditions upon determination by the California Natural Resources Agency. This Program qualifies as such activity and staff has transmitted a letter to the California Natural Resources Agency requesting that determination.

On May 10, 2022, the State Water Resources Control Board (State Water Board) adopted emergency curtailment regulations for the Russian River Watershed. Pursuant to the authority of these emergency regulations, the State Water Board deputy director may issue curtailment orders that could require limitation or cessation of water diversion. The emergency regulation provides exemption to curtailment for participants of a voluntary water sharing agreement in the Russian River Watershed.3 The agreement associated with the Program is anticipated to be presented to the State Water Board for approval at its June 7, 2022 Board meeting. The State Water Board’s approval would allow the Program to be an exemption to the emergency curtailment regulations.4

LEGAL FRAMEWORK
The Program and agreement that the State Water Board plans to approve establishes a separate framework from the status quo regulatory scheme applied to water rights, which the City benefits from by way of its favorable pre-1914 appropriative water rights.

As an overview, generally,surface water rightsin California fall into two categories of type of right, riparian rights, and appropriative rights acquired before or after 1914. (Light v. State Water Resources Control Bd. (2014) 226 Cal.App.4th 1463, 1478.) Riparian rights are tied to ownership of land to which water either 2 Confirmation of the extent of this right is also needed in order to assert this right in any proceeding before the State Water Resources Control Board.
3 Title 23, Division 3, Chapter 2, Article 24 Section 877.4(a) of the California Code of Regulations. 4 Title 23, Division 3, Chapter 2, Article 24 Section 877.4(a) of the California Code of Regulations. 127
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flows overtop or adjacent. (Lux v. Haggin (1884) 69 Cal. 255, 259.) Riparian users are allowed to make reasonable use of this water without regard to any priority in time. (Cal. Const., art. X § 2.) When shortages occur, all riparian users on a certain body of water must curtail their use to what is “reasonable.” (Stanford Vina Ranch Irrigation Co. v. State (2020) 50 Cal.App.5th 976, 994.) Appropriative rights are a water right of a different character, defined by the rule of priority.

The rule of priority holds that the first user to divert and make beneficial use of a quantity of water has the right to use that water and at that priority. (North Kern Water Storage District v. Kern Delta Water District (2007) 147 Cal.App.4th 555, 561.) Any subsequent user takes its right subject to the right of the senior appropriator. (Id.) Water rights holders who accrued a water right prior to 1914 were said to hold a vested right to the extent and in the manner of the completed diversion and do not require a permit from the State Water Board. (California Farm Bureau Federation v. State Water Resources Control Bd. (2011) 51 Cal.4th 421, 428-29.) The rule of priority governs the sequence by which rights holders are allotted water in times of shortage. As between appropriators, the right to use is determined by the datein which a rights holder first made beneficial use of the water, the priority date. (City of Pasadena v. City of Alhambra (1949) 33 Cal.2d 908, 926.) In practice, this means a senior water rights holder is entitled to make full use of its rights before a junior rights holder is entitled to divert any water.

Given the City owns pre-1914 water rights, this default regulatory scheme offers a significant level of protection to the City’s rights. Alternatively, entering into the agreement would require the City to forego these protections by waiving the right to be governed under the normal water rights scheme for the duration of time that the City is participating in the agreement.5 The terms of participation in the agreement are attached as Exhibit A to the adopting Resolution that accompanies the agenda report item. A few of the provisions of the agreement are notable in regards to the City’s participation in the agreement and reliance on pre-1914 water rights. Recital 20 states that “Participation in the PROGRAM is an effort to avoid the contentious, expensive, and disruptive legal disputes over water rights in the Upper Russian River Watershed that could ensue in the PROGRAM’s absence, and by participating, Participants intend not to challenge another Participant’s water rights or exercise thereof for the duration of the PROGRAM.” This paragraph is intended to serve as a waiver of the City’s right to challenge the extent or use of any other Participant’s water rights in order to facilitate the Program as designed.

Less explicitly stated in the terms, but by way of drafting, the State Water Board is acting as a facilitator of the agreement, which binds participants to the terms. Nothing in the agreement acknowledges the State Water Board as a party or binds the State Water Board to the agreement.

Currently, due to the terms of the Curtailment Order, the City must provide a report to the State Water Board monthly, which describes the City’s water use. Entering into the would not alleviate the burden of complying with this requirement as Paragraph 3 of the agreement provides that participants must submit an equivalent report.6
5 Paragraph 10 of the agreement describes the terms by which the City may withdraw from the agreement. Such withdrawal would nullify the exemption to curtailment found in section 877.4 of the emergency curtailment regulations.
6 The draft agreement is silent on the daily reporting requirement that the City must comply with as a term of the Petition to Increase Use for Minimum Human Health and Safety. 128
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In addition to these terms found in the agreement, the Assumptions and Analysis for which the Forbearance Thresholds are calculated and applied, necessarily is less favorable to the City in terms of protection of its water rights priority and use, than the default water rightsregulatory scheme. The reason for this is that the agreement is intended to help junior water rights holders avoid curtailment of their water rights, by manufacturing conservation from senior rights holders. If senior water rights holders agree to conserve, there is more water available for junior waterrights holderssince each option discussed for the conservation framework deviates from the strict enforcement of the rule of priority. In every scenario of the agreement, senior water rights holders would be asked to conserve to a certain extent before junior water rights holders are asked to forgo diversions entirely. The agreement would establish a maximum forbearance threshold of 20% for pre-1914 water right holders. Under the traditional water rights priority framework, junior water rights holders would be required to cease all diversions before a senior water right holder is asked to reduce diversions at all.

However, the benefits of relying on the City’s seniority within the traditional water rights priority framework compared to participating in the agreement are only realized in the situation in which pre1914 water right holders are not curtailed. Due to the recent State Water Board actions readopting the emergency curtailment regulations, the likelihood that the City could face curtailment of its water right is high.

VOLUNTARY WATER SHARING PROGRAM AND AGREEMENT
The Program aims to maintain local control of the Russian River Watershed by allowing the stakeholders to manage water demand, in lieu of the State. Neither the Program, nor the agreement, affect the City’s existing water rights or the water right priority system beyond the scope of the Program. Under the Program, the City could manage its water supply and its use internally as appropriate, including the ability to provide new connections7 or allow for temporary construction meters—so long as it stays within its water budget.

The goal of the Program is for the participants is to share water supply as long as feasible in the dry season, and avoid or delay curtailment. All water users in the Russian River Watershed (municipal, agriculture, domestic) commit to conserving water throughout the dry season. The required water conservation is based on the availability of water supply at the Russian River reach from which users divert water. Water diversions would be based on the users’ historical water use and water right priority. Participants would not be required to conserve more than the minimum water needs to meet human health and safety requirements.

Should the Program not be viable, the State Water Board may issue curtailment orders by order of priority.

At the minimum, the region’s water rights holders would receive water supply necessary to maintain human health and safety needs.

Impacts to City
Participation in the Program would allow the City to be exempt from a State Water Board issued curtailment order. Because the City has senior water rights, required conservation would be comparably less than others. Under the Program, the City could be asked to reduce diversions from the Russian River 7 This is dependent on what stage of shortage is declared under the City’s Water Shortage Contingency Plan. 129
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by up 20 percent, compared to its 2017-2019 historical May to September diversions. Should the City participate in the Program, it would have a water budget that would provide a minimum water supply of 107 to 116 gallons per capita per day (gpcd), depending on the month and water conservation requirements.8
Should external factors, as discussed in the next section, or should conservation be insufficient in protecting water levels at Lake Mendocino to maintain human health and safety and instream flows, the State Water Board would curtail water diversion from the Russian River. The City could divert water supply to meet minimum needs for human health and safety, which is currently at 104 gpcd.

Participation in the Program is voluntary. Should the City find that the conditions provided in the Program is unfavorable to its needs, the City may withdraw from the Program. The City would then be subject to emergency curtailment regulations issued by the State Water Board.

External Factors Affecting Program
External factors beyond the control of the State Water Board and the Steering Committee may affect the required water conservation and the viability of the Program. Should the Program become non-viable due to limited water supply availability, water rights holders in the watershed may be curtailed and may divert water supply to meet minimum human health and safety needs.

The amount of water available for sharing will depend on the number of senior water rights holders and overall number of participants. An enrollment period is provided to determine regional participation and evaluate conservation requirements. All of the region’s water rights holders are encouraged to participate for the overall success of the program.

Further, the available Russian River flows are dependent on the Pacific Gas and Electricity Company’s (PG&E) Potter Valley Hydroelectric Project (Project) water releases. PG&E must maintain a minimum coldwater pool at Lake Pillsbury, the storage reservoir for its Project, for the protection of endangered species, including Chinook salmon and steelhead trout. On May 13, 2022, PG&E submitted a flow variance request to the Federal Energy Regulatory Commission (FERC) due to limited water availability. The flow variance request would reduce water releases to the East Branch Russian River from the normal 75 cubic feet per second (cfs) to a range of 5 to 25 cfs. At 5 cfs, flows in the Russian River may not be sufficient for the Program to be viable. At 25 cfs, the Program may be viable. At this time, it is unknown if FERC will approve PG&E’s variance request.

Nonetheless, the Program is proposed to move forward so that the region can adapt to available flows in the Russian River and learn from this year’s dry season.

Schedule for Participation
Enrollment for the program opened late May 2022 in anticipation of State Water Board approval of the voluntary water sharing agreement at its June 7, 2022 Board meeting. The last day for enrollment is June 20, 2022.
8 This figure may possibly be revised due to a recently submitted flow variance request to the Federal Electric Regulatory Commission from Pacific Gas & Electric related to flows for the Potter Valley Hydroelectric Project. 130
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The State Water Board will subsequently evaluate and announce the initial conservation requirements for the participants. Participants will have 15 calendar days from the date of announcement to withdraw from the Program.

Program implementation commences in July 2022 and terminates upon State Water Board determination of sufficient rain to alleviate water shortages, the rescission of emergency drought proclamations, or December 31, 2022.

STAFF RECOMMENDATION
Staff recommends that the City Council approve a resolution authorizing participation in the Upper Russian River 2022 Voluntary Water Sharing Program and authorizing the City Manager to execute the Upper Russian River 2022 Voluntary Water Sharing Program Agreement. The City Manager would also be authorized to withdraw from the Program should conditions adversely affect the City. 5117047.1
Attachment: Exhibit A – 2022 Russian River Water Sharing Program Information 131
0 Water Sharing Program
2022

UPPER RUSSIAN RIVER WATERSHED
132
1 VOLUNTARY WATER SHARING
Russian River stakeholders have developed a voluntary Water Sharing Program – a locally driven approach for managing water demand to address water shortages.

The goal is for participants to have access to water supply as long as possible in the dry season, avoiding or delaying curtailment.

Problem
Lack of water in the Upper Russian River
Watershed leads to curtailment of water
rights and significant economic impacts in
our community.

Solution
The Water Sharing Program provides an
adaptive local alternative to curtailment by
managing water demand with limited water
supply.

Photo Credit: Russian River Confluence Fall 2021
Cover Photo credit: Erin Watt, Russian River April 2022 133

FREQUENTLY ASKED QUESTIONS
What is the Water Sharing Program? During drought, water users in the Upper Russian River volunteer to share water with one another with the goal of all users who participate having water later into the dry season and delaying or avoiding curtailment (water diversions no longer being allowed).

Who can participate? All water users in the
Upper Russian River Watershed (municipal,
agriculture, domestic) can commit to reduce
diversion of water throughout the dry season. Water
right holders on the main stem, East Fork, and West
Fork as well as tributary creeks north of the river’s
confluence with Dry Creek are all eligible.

How much do I have to conserve?
Conservation is based on the user’s historical water
use (2017-2019), water right priority, and source of
water. The amount of conservation will range
between 20-75% depending on water rights priority,
water supply conditions, and the number of participants. The amount of water available depends on the participation of senior right holders and the overall number of participants. Once right holders sign up, the final conservation thresholds required each month to allow diversions to continue and avoid curtailments will be calculated and participants notified. Water users will know their supply for the dry season in late June this year (May 1 in future years) in percentage stages for each month of the dry season (e.g., 20% in June, 35% in July, 45% in August). Participants will use their surface water diversions under participating water rights according to the conservation percentages provided for those rights for each month of the term of the program.

Can water be transferred or exchanged? Yes, among participating water users. Water users can shift supply among their own water rights. Participants can conserve more water than required and transfer that water to another participant or to another one of their properties.

Will it be enough? The goal of the program would be to avoid or delay full curtailment for participants. However, if water supply conditions are not sufficient to support the demand of some or all of the participants, the State Water Board will update the conservation percentages or, if necessary, curtail water use for program participants. Depending on water rights priority, some participants in the program may still receive water when others are curtailed.

WHY SIGN UP?
• Some water is better than
no water.
• Balance supply and
demand.
• Be part of a locally driven
voluntary solution.
• Better accounting leads to
better decision making.
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What happens if I don’t participate? Participation in the program is voluntary. Those who choose not to participate will be subject to the State Water Board curtailment based on water right priority.

What about drinking water and human health and safety? The Water Sharing Program accounts for water that is necessary for human health and safety. However, individual residents have an important role to play in conserving their own water use – every drop counts! If I conserve, will I lose my water right? No. Participants will not lose their water rights.

Participants are voluntarily working together during this dry season for a defined period of time to be able to allocate a limited water supply amongst the broad participant group. The Agreement will be for July 1 - Oct. 31, 2022.

Can I leave the Program or join late? Participants must sign up by June 8, 2022, to participate this year. Participants can leave the program; however, this is strongly discouraged because each and every Participant is essential to the overall success.

Will this be an annual Program? Stakeholders and the State Water Board intend to learn as they go and improve this program for use in future years. Signing up this year will help inform future water management and stewardship of the Russian River.

How do I sign up? Participants will complete a Participation Form. (Search: State Water Board Russian River Drought Voluntary Program.) With the information participants provide, the final conservation thresholds will be calculated, and the Forbearance Agreement for the Water Sharing Program will be issued for each participant. (To “forbear” means deliberately not diverting water you are legally entitled to.)
https://www.waterboards.ca.gov/drought/russian_river/voluntary_program.html https://www.waterboards.ca.gov/drought/russian_river/
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DATES
May 10: State Water Board Meeting adopted amended emergency regulations for curtailments in the Russian River. The emergency regulation will provide for the Water Sharing Program.

Late May: Participants begin Signing Up
June 7: State Water Board Meeting to consider approving the Water Sharing Program and its Forbearance Agreement.

June 20: Last day to Sign Up
Late June: Forbearance thresholds announced
10 days later: Last day to reconsider and withdraw
July 1: Agreement in Effect - Participants Conserve and begin Water Sharing https://www.waterboards.ca.gov/drought/russian_river/
https://www.waterboards.ca.gov/drought/russian_river/voluntary_program.html 136

OTHER DETAILS
Multiple Water Rights – Participants will need to specify all their water rights.

Alternative Sources – Participants will identify alternative sources of water (recycled, previously stored, contract water, etc.) or groundwater that would offset their typical water use.

Monthly Reporting – Participants will report water use monthly, similar to existing water rights reporting.

Reporting will help determine whether participants are complying and if overall use matches or exceeds anticipated reduction. Reporting will also help improve the program for future years.

Time Commitment – Participants will commit for the upcoming dry season through October 2022.

Steering Committee developed Approach
Russian River stakeholders and the State Water Resources Control Board have been working together for more than a year to develop the Water Sharing Program. Steering Committee Participants include Cities of Cloverdale, Healdsburg, & Ukiah; Cal Am Water; Cal Indian Environmental Alliance; Coyote Valley Band of Pomo Indians; Dry Creek Rancheria Band of Pomo; Fish Friendly Farming; Federated Indians of Graton Rancheria; Hopland Band of Pomo Indians; Jackson Family Wines; Lytton Band of Pomo Indians; Mendocino County & Sonoma County Farm Bureaus; Middletown Rancheria; Pinoleville Pomo Nation; Russian River Confluence; RR Flood Control & Water Conservation Improvement District; Redwood Valley Little River Band of Pomo Indians; Sonoma Water; Sonoma Resource Conservation District; State Water Resources Control Board; Willow County Water District (representing 6 water suppliers.) 137
Photo credit: Lake Mendocino, Jan 2022, Bobby Cochran Photography 138

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. 0XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING PARTICIPATION IN THE UPPER RUSSIAN RIVER 2022 VOLUNTARY WATER SHARING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE UPPER RUSSIAN RIVER 2022

VOLUNTARY WATER SHARING AGREEMENT
WHEREAS, the City is a senior water rights holder to some of the oldest water rights on the Russian River, including a pre-1914 appropriative water right to the Russian River with a priority of 1884 and a pre-1914 appropriative right to divert water from Big Sulfur Creek a priority of 1885; and WHEREAS, the City received a State Water Resources Control Board (“State Water Board”) order on August 2, 2021 to cease diversions from the Russian River (“Curtailment Order”), with the exception of diversions to meet minimum water needs for human health and safety; and WHEREAS, the State Water Board temporarily suspended the Curtailment Order on October 29, 2021 in anticipation of precipitation and continues to monitor available water in Lake Mendocino and the Russian River, along with water demands and has continued temporary suspension of curtailment until June 15, 2022; and
WHEREAS, on March 28, 2022, Governor Newsom signed Executive Order N-7-22 which extended the state of emergency due to drought into 2022; and WHEREAS, on May 10, 2022, the State Water Board adopted emergency curtailment regulations for the Russian River Watershed, which authorized issuance of curtailment orders to limit or cease water diversions and provide exemption to curtailment for participants of a voluntary water sharing agreement in the Russian River Watershed; and
WHEREAS, the State Water Board intends to issue new Curtailment Orders to all Russian River water right holders under the authority of the emergency curtailment regulations adopted on May 10, 2022, which would go into effect by order of priority of right; and WHEREAS, the Russian River Drought Response Steering Committee (“Steering Committee”) was formed as part of a regional effort to conserve available water supply during water shortage conditions and
WHEREAS, the City participates in the Steering Committee; and WHEREAS, the Steering Committee has developed the Upper Russian River 2022 Voluntary Water Sharing Program (“Program”) and Upper Russian River 2022 Voluntary Water Sharing Program Agreement (“Agreement”) which may allow participants to avoid curtailment by voluntarily conserving water; and
WHEREAS the agreement is anticipated to be approved by the State Water Board at its June 7, 2022 Board meeting; and
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2 WHEREAS, the Agreement would not affect the City’s existing water rights or the water right priority system beyond the scope of the Program; and
WHEREAS, the City’s participation in the Program will exempt the City from any curtailment order issued under the May 2022 emergency curtailment regulations for the Russian River Watershed; and
WHEREAS, participation in the Program is anticipated to result in providing the City with a water supply greater than minimum water needs for human health and safety; and WHEREAS, the Agreement provides a framework with an option to withdraw from the Program; and
WHEREAS, the City could be subject to a curtailment order authorized under the May 10, 2022 State Water Board adopted emergency curtailment regulations for the Russian River Watershed if it does not participate in the Program; and
WHEREAS, based upon the foregoing, staff recommends participation in the Program on behalf of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cloverdale, State of California as follows:

1. The City Manager is hereby authorized to enroll the City for participation in the Upper Russian River Voluntary Water Sharing Program before the end of the enrollment period, June 20, 2022.

2. The City Manager is hereby authorized to execute the Upper Russian River 2022 Voluntary Water Sharing Program Agreement, attached hereto and incorporated by reference herein as Exhibit A, and administer participation in the Program, provided that:
a. The State Water Resources Control Board approve the Upper Russian River 2022 Voluntary Water Sharing Program Agreement.
b. The California Natural Resources Agency makes a determination that the City’s participation in the Program is an activity eligible for the suspension of the California Environmental Quality Act, pursuant to Governor Newsom’s March 28, 2022 Executive Order (“EO”) N-7-22.

3. The City Manager and City Attorney are hereby authorized to withdraw the City from the Program should conditions under the Program adversely affect the City. 140
3 It is hereby certified that the foregoing Resolution No. 0XX-2022 was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on the 8th day of June, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED ATTEST:
_________________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A - Upper Russian River 2022 Voluntary Water Sharing Program Agreement 141
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UPPER RUSSIAN RIVER 2022 VOLUNTARY WATER SHARING PROGRAM By signing this Voluntary Water Sharing Agreement (this “Agreement”), the participating water right holder (the “Participant”) commits to undertake the commitments required for participation in the Upper Russian River 2022 Voluntary Water Sharing Program (the “PROGRAM”) as described below.

WHEREAS:

1. State Water Resources Control Board (the “State Water Board”) staff and interested parties on the Russian River north of its confluence with Dry Creek (the “Upper Russian River Watershed”) have been in discussions about water supply and demand projections since July 2020;

2. Since July 2020, State Water Board staff have encouraged water right holders to pursue voluntary agreements to address water supply and demand conditions that the State Water Board expects to be present in the Upper Russian River;

3. Hydrologic conditions on the Upper Russian River have been well below normal for the past two years, as have conditions on the entire Russian River as consistent with the Western United States is in a Mega Drought cycle, which is expected to continue;

4. On April 21, 2021, Governor Newsom proclaimed a state of emergency to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed, and on March 28, 2022, Governor Newsom issued Executive Order N-7-22 confirming that such state of emergency persists (https://www.gov.ca.gov/wpcontent/uploads/2022/03/March-2022-Drought-EO.pdf);

5. The Russian River Flood Control & Water Conservation Improvement District (“Flood Control”) and Sonoma County Water Agency (“SCWA”) are the only two water right holders which hold rights to divert water to storage behind Coyote Valley Dam (“Stored Water”), which dam creates Lake Mendocino;

6. In 2021, the State Water Board adopted emergency regulations to protect water supplies and threatened and endangered fish in the Russian River watershed which were codified in Title 23 of the California Code of Regulations, beginning with section 877 (the “2021 Emergency Regulations”);

7. The regulatory effect of the 2021 Emergency Regulations was to curtail all water right holders in the Upper Russian River Watershed, except to allow water right holders in the Upper Russian River Watershed to divert the minimum amount of water needed to meet minimum human health and safety needs;

8. The State Water Board temporarily suspended the curtailments as of October 23, 2021, and continues to analyze water supply conditions to determine whether reimposition of curtailments is warranted;

9. The 2021 Emergency Regulations remain in effect, and State Water Board staff have strongly indicated that (a) water right holders in the Upper Russian River Watershed can 142
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expect curtailment orders to re-issue under the 2021 Emergency Regulations, and (b) that State Water Board staff plan to propose readoption of the regulation for implementation in 2022 (the “Russian River Emergency Regulations”);

10. California Code of Regulations, Title 23, section 877.4, provides that, after State Water Board approval of this Agreement, participation in and compliance with the PROGRAM will operate as an exception to curtailment unless and until the Deputy Director for Water Rights announces such an exception no longer applies;

11. Given uncertainties regarding potential curtailments of water right holders in the Upper Russian River Watershed, there is a shared desire by the State Water Board and Participants in the PROGRAM to achieve, where possible, an organized effort to conserve water in the Upper Russian River to ensure that no Participant is unable to divert sufficient water to satisfy minimum needs through the current water year;

12. Participation in the PROGRAM is a voluntary effort on behalf of the State Water Board and Participants to balance rights to water under existing law with the various needs for water in the Upper Russian River Watershed during a time of limited water supply and a declared state of emergency due to drought, to drive toward improved regional water management and stewardship during such times, and to provide for an alternative form of water management that avoids complete cessation of diversions due to State Water Board curtailment actions;

13. The State Water Board and Participants intend the PROGRAM to provide Participants with water supply adequate to meet basic needs through the term of the PROGRAM, taking into account human health and safety needs, irrigation and agricultural needs, and regional economic concerns;

14. By entering this Agreement, the State Water Board and the Participants intend to create and participate in a voluntary program where certain Participants agree to forbear their respective diversion(s) of water to which they are legally entitled, thereby making available for other Participants water which would otherwise be unavailable for them to divert;

15. The State Water Board and the Participants acknowledge that effectiveness of the PROGRAM depends on participation by enough water right holders with water still available under their basis of right so that all Participants’ minimum water needs can be met;

16. The PROGRAM does not abrogate the State Water Board’s responsibilities and legal authorities, and does not operate to affect or change existing water rights or the water right priority system beyond the scope of the PROGRAM;

17. Water made available by reduced diversions pursuant to the PROGRAM would not be available but for the PROGRAM. Participants’ diversion of water made available by the PROGRAM therefore will not impact the availability of water for non-participating water right holders;
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18. PROGRAM participants shall have submitted to the State Water Board Annual Water Use Reports for the years of 2017, 2018, and 2019;

19. The State Water Board and the Participants recognize and acknowledge that the PROGRAM is preferable to water right enforcement actions, regardless of whether those actions are between water right holders or are brought by the State Water Board. The State Water Board and Participants intend the PROGRAM to inform future efforts to adaptively manage water and stewardship throughout the Russian River; and

20. Participation in the PROGRAM is an effort to avoid the contentious, expensive, and disruptive legal disputes over water rights in the Upper Russian River Watershed that could ensue in the PROGRAM’s absence, and by participating, Participants intend not to challenge another Participant’s water rights or exercise thereof for the duration of the PROGRAM.

NOW, THEREFORE:

1. To participate in the PROGRAM, before June 20, 2022, (the “Enrollment Deadline”), Participants:
a. Shall provide the information identified in Exhibit A, which shall identify with specificity which water right(s) the Participant intends to dedicate to the PROGRAM; and
b. As may be necessary, shall provide the information identified in Exhibit A-1, which shall identify any sources of percolating groundwater or other alternate sources which the Participant intends to use to mitigate or offset the impacts of meeting Participant Commitments as defined in Paragraph 2 and Exhibit B, whether its own or those of another Participant; and
c. By signing and delivering this Agreement to the State Water Board, commit to reduce their surface water diversions for the water rights identified in Exhibit A and in accordance with the forbearance thresholds identified in Exhibit B (the “Forbearance Thresholds”), except for quantities of water necessary for minimum human health and safety needs as defined in California Code of Regulations, Title 23, section 877.1, using the monthly average of their diversions reported in their Annual Water Use Reports or Statements of Diversion and Use for the years 2017 – 2019 as a baseline. Nothing in this Agreement shall prejudice any Participant’s or the State Water Board’s position with respect to possible forfeiture, waiver, relinquishment, modification, or change in the Participant’s water rights identified in Exhibits A and A-1, nor with respect to the applicability or authority of State Water Board emergency regulation actions on pre-1914 or riparian water rights.

2. As used in this Agreement, “Participant Commitments” shall mean the specific monthly Forbearance Threshold and compliance criteria applicable to each priority class for the duration of the PROGRAM.
a. The Forbearance Thresholds identified in Exhibit B, and as may be amended, will be prepared on a monthly basis for the duration of the PROGRAM by the State Water Board with the advice of the Upper Russian River Drought Response Steering Committee, and will be based on the number of Participants in the PROGRAM, the water right priorities of participants, and the projected amounts 144
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of natural and Potter Valley Project (“PVP”) supplies available to satisfy the water right priority classes identified in Exhibit B. The State Water Board will publish the Forbearance Thresholds no later than June 30, 2022. The Forbearance Thresholds will take effect July 1, 2022, and shall remain in effect at least through July 2022. Subsequently, any update to the Forbearance Thresholds will be published no later than the 25th of the month prior to the month any update to the Forbearance Thresholds is to take effect. Any update to the Forbearance Thresholds shall only take effect on the first day of a given month. b. Water available to a class of water right priority for the purpose of this Agreement will be based on the 2017 through 2019 average monthly demand relative to available supplies, as described in Exhibit B, as may be amended. Excepting the ability to divert water to meet minimum human health and safety needs as provided for in the 2021 and 2022 Emergency Regulations, any Participant of a priority class with insufficient supply to meet their demand may not divert except to the extent water is made available through the forbearance actions of other Participants. The Forbearance Thresholds identified in Exhibit B, as may be amended, reflect the extent to which water has been made available for those water right classes experiencing a supply shortage. The maximum water use reductions in Exhibit B shall not be amended. The availability of water identified in Exhibit B will be periodically reviewed and, as necessary, updated by the end of each month to reflect any projected changes in water supply, such as may be due to precipitation or PVP flows.

3. While the PROGRAM remains in effect, Participants shall provide monthly written reports (the “Monthly Program Report”) through the reporting process included as a part of the same online form used to enroll in the PROGRAM by the 10th of the subsequent month, reporting the amount of water diverted under the respective water right for that month (for example, June’s Monthly Program Report is due July 10th, 2022).

4. Participants may reduce their diversions more than required by their Forbearance Thresholds to facilitate another Participant meeting its Forbearance Thresholds and Participant Commitments. Any such arrangement shall be identified in accordance with Exhibit C, to include information explaining how the Participants are meeting their Commitments.

5. Participants agree not to challenge any water rights which a Participant has enrolled in the PROGRAM, or the Participant’s exercise thereof, for the duration of the PROGRAM.

Nothing in this Agreement shall modify or prejudice any right or claim of any Participant or the State Water Board relating to the nature and/or extent of any rights to water identified in Exhibits A and A-1, including, but not limited to, the applicability or authority of State Water Board emergency regulation actions on pre-1914 or riparian water rights.

Nothing in this Agreement or any action taken under the PROGRAM may be construed or used as an admission of any issue, fact, wrongdoing, liability, or violation of any law, rule, or regulation whatsoever.

6. The Participant’s failure to substantially comply with the Participant commitments in this Agreement may result in exclusion from the PROGRAM. A water supplier Participant shall be in substantial compliance with Participant Commitments so long as it has implemented a drought conservation program by the Enrollment Deadline and taken 145
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reasonable steps to achieve the prescribed Forbearance Threshold. Upon being excluded from this Agreement, a Participant shall be subject to the requirement to curtail in accordance with any curtailment order it has received and the updated curtailment status list.

7. The State Water Board staff shall convene a virtual monthly meeting available to PROGRAM Participants in an effort to continue to report and analyze data on water supply and demand in the Upper Russian River. The monthly meeting may include discussions with State Water Board staff on the status of Monthly Program Reports and management strategies to adapt to any changed or unforeseen hydraulic or hydrologic conditions on the Upper Russian River Watershed.

8. Program participants will rely on a representative group titled The Upper Russian River Drought Response Steering Committee to prepare a final written report to be presented to the State Water Board by January 31st, 2023, (the “Implementation Report”) that synthesizes information gathered during implementation. The Implementation Report will identify lessons learned, impacts, and information gaps, and will provide recommendations to improve future implementation of the program. Recommendations may address such issues as defining baseline water use, increasing gauge monitoring to accurately understand the water losses from diverters, the structure of conservation stages, the extent to which instream needs should be included, local options for administration of the program, and improved methods for determining water availability.

Identified impacts may include categories such as: impacts to listed species and designated critical habitat; agricultural impacts such as crop yields or losses; economic impacts such as lost tax revenue, local and regional business closures; immigration and emigration data; housing data; communal impacts such as community events and programs.

9. Recognizing that participation in the PROGRAM is a voluntary effort on behalf of the State Water Board and Participants to balance rights to water under existing law with the various needs for water in the Upper Russian River Watershed in a time of limited water supply and declared emergency due to drought, to drive toward improved regional adaptive water management and stewardship, and to secure assurances regarding potential State Water Board curtailment actions, the Participants and the State Water Board commit to continue to move forward in good faith.

10. Each and every Participant agrees that their participation in the PROGRAM is essential to the PROGRAM’s success and the ability of the PROGRAM to provide assurances to each Participant regarding the amount of water Participants may divert under the PROGRAM and the avoidance of curtailment. Each and every Participant therefore understands that every Participant is relying on every Participant’s performance in the PROGRAM. Participants may withdraw from the PROGRAM; provided, that, and excepting the first 15 (fifteen) calendar days after the State Water Board publishes the initial Forbearance Thresholds during which time any Participant’s withdrawal shall be effective immediately, withdrawal shall only take effect on the first day of any given month. For withdrawal to be effective, Participants shall provide written notice to the Deputy Director of the Division of Water Rights (the “Deputy Director”) of the Participant’s intent to withdraw from the PROGRAM; provided, that any such withdrawal shall not take effect any earlier than fifteen (15) calendar days of the date the Deputy 146
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Director receives the notice of withdrawal. Participants understand and acknowledge that, upon withdrawal, any withdrawn Participant shall no longer benefit from the exemption from curtailment participation in the PROGAM provides in accordance with Paragraph 5 of this Agreement and California Code of Regulations, Title 23, section 877.4.

11. Participation in the PROGRAM shall automatically terminate upon a written determination by the Deputy Director of the existence of precipitation sufficient to alleviate all supply water shortages in the Upper Russian River, the rescission of the Drought Emergency Proclamations of April 21, 2021 and May 10, 2021, or any subsequently issued Drought Emergency Proclamations or December 31, 2022, whichever is earlier. Alternatively, the PROGRAM shall terminate upon a written determination by the Deputy Director either that the PROGRAM is adversely affecting or threatens to adversely affect the availability of water for non-Participants. Prior to terminating the PROGRAM, the Deputy Director will consider any recommendations or findings from the Upper Russian River Drought Response Steering Committee to the extent they are made available within a reasonable time.

Participating Water Right Holder (Name of Person or Entity):
______________________________
By signing below, the signatory warrants they hold the water right(s) named above and commit to the terms of this Agreement or warrants they have the authority from the water right holder named above to commit the water right holder to the terms of this Agreement.

Signature: ________________________________ Date: ______________ _____________________________________________
Printed Name of Signatory (If other than the Water Right Holder named above) 147
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Exhibit A: List of Rights Participant is Applying to the PROGRAM Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ 148
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Exhibit A-1: Identified Alternate Source(s)
If you plan to use alternative sources (recycled water, contract water, percolating ground water, previously stored water, etc.) of water during the duration of the water sharing program, please identify the alternative source(s) by water right below. (Yes / No)
Groundwater ___________
Recycled Water ___________
Stored water on property ___________
Water available through contract ___________
Water available through the 10,000 acre-feet reservation in Lake Mendocino ___________ 149
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Exhibit B: Assumptions and Analysis for Thresholds

WATER RIGHTS DEMAND
• Demand includes all users in the Upper Russian River watershed except Potter Valley Irrigation District (PVID).
• Stage is analyzed at a monthly time step
• Monthly demand based on average of volumes reported through annual water right use reports from 2017 through 2019. Monthly demands for riparian users will be updated if new demand data is received by the State Water Board pursuant to regulation section 877.3. • Reported diversion demand for Sonoma County Water Agency’s (SCWA) Lake Mendocino permit is zero for 2017 to 2019. Diversions under SCWA’s other permits occur in the Lower Russian River.
• Demand associated with (Russian River Flood Control District (RRFCD) license is included. • PVID license demand from Powerhouse Canal is not part of the total demand. PVID’s license is one of most upstream in system and is senior to RRFCD and SCWA. A significant portion of the available PVP flow is a result of return flows after diversion and use by PVID.

This exclusion also allows evaluation of Potter Valley Project (PVP) availability as an inflow to Lake Mendocino, rather than parsing PVID contract diversions from PVID license diversions, and the associated return flows of each.
• Demand will be aggregated to the following priority levels:

1. Riparian

2. Pre-1914

3. Pre-1949 and rights with a priority date in 1949

4. RRFCD and SCWA

5. 1950 to 1952

6. 1953 to 1954

7. 1955 to 1957

8. 1958 to 1959

9. 1960 to 1970

10. 1971 to present

AVAILABLE SUPPLY
• Natural flow will be estimated using the PRMS hydrologic model being used to support implementation of the current emergency regulation. The model shall estimate natural flow accumulating across the Upper Russian River watershed.
• Natural flow can be forecasted as a monthly volume to compare against monthly demand. • PVP flows forecast based on following assumptions:
o Drought variance implemented starting July 1, resulting in a minimum instream flow requirement of either 5 to 25 cfs. Until variance is filed, PVP flow will be based on 75 cfs minimum instream flow plus a 5 cfs buffer (80 cfs). o PVID contract deliveries will be similar to 2020 monthly averages, resulting in an monthly average return flow of 10 cfs.
o Available PVP flow would be inflows to Lake Mendocino from instream flow requirement plus return flows from PVID.
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• Evaporative loss from the mainstem and riparian corridor will be removed from the available supply before comparing supply against water rights demand. Based on the following assumptions:
o Evaporative volumes will be similar to 2021.
o A riparian corridor width of 35 meters on either side of the mainstem, comprised of a 30-meter-wide Open Water area and a 40-meter-wide area of Riparian Vegetation.

Evaporative losses will be based on values from Cal-SIMETAW, as described in the Informative Digest for the 2022 regulation. This results in monthly estimated losses of 1,250; 1,310; 1,100; 817; and 473 acre-feet per month for the months of June through October.
o Evaporative loss will be reduced equally from the monthly natural supply, the PVP supply, and storage releases. If there is remaining evaporative loss after subtracting from the natural supply, it will be removed from the monthly PVP volume. • A flow of three cfs will be reserved for minimum human health and safety based on amounts certified and petitioned (excluding fire protection needs, which are variable water demands) from implementation of the 2021 emergency regulation.

ANALYSIS OF SUPPLY AND DEMAND TO DETERMINE SHORTAGE LEVEL • Once natural supply, PVP supply, and total water rights demand for each month has been determined, the available supplies will be attributed to each level of water right priority until supply has been depleted to zero.
• Natural flows will first be available to riparian users then to appropriative water right holders in order of priority. PVP flows will not be available to riparian users. • If there is any shortage within a priority level, then all water right holders in that level will be considered in shortage for the purposes of the agreement. For example, if in the 1950 to 1952 level there is enough water to support diversions a 1951 right holder but not a 1952 right holder, then the 1950 to 1952 level is in shortage.

ESTABLISHING FORBEARANCE THRESHOLDS
• The percent reduction in water use will be a reduction from average monthly demand reported through water right annual use reports from 2017 to 2019. • Except for pre-1914 water right holders, the maximum required percent water use reduction for a priority level that has water available (i.e., is not experiencing shortage) will be 30%.

The maximum required water use reduction for pre-1914 water right holders will be 20%. All priority levels in shortage will have the same water use reduction percentage. Participants may elect to further reduce their water use under water rights identified through the process provided in Exhibit C.
• The minimum percent water use reduction for a priority level that does not have water available (i.e., is experiencing shortage) will be 40% and a maximum of percent water use reduction of 75%.
• 20% will be the default reduction threshold for all priority levels that have water available.

The threshold will be reduced or increased by priority level in increments of 10%, in order of priority, if the threshold for those in shortage is less than 40% or greater than 75%. • Forbearance thresholds will be in effect during any month where the Pre-1914 or the Pre1949/1949 priority levels are experiencing a water supply shortage. 151
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Exhibit C: Aggregated Forbearance Threshold Commitments Participants may reduce their diversions more than required by their Forbearance Thresholds to facilitate another participant meeting its Forbearance Thresholds and Participant Commitments. (Example A, a transfer agreement between participants).

Participants may reduce diversions under one participating water right to benefit another participating water right. (Example B: one participant could increase the forbearance percentage on one water right to provide additional water to another participating water right under the same ownership).

Any such arrangement shall be identified below to include information explaining how the participants are meeting their commitments. (For example, participant A has a water right with a forbearance threshold of 10% and they increase it to 20% to provide the additional water to identified participant(s)).

If you choose to participate in this option, please identify what percentage of your water right you are willing to forebear beyond the current program requirement and which other water rights(s) you are providing this additional water to.

Is participant planning to meet forbearance thresholds commitments through aggregating water use reduction across multiple water rights enrolled in the program? (Yes/No) 152
1 DATE
Ms. Kimberly D. Bose Via Electronic Filing
Federal Energy Regulatory Commission
Office of Energy Projects
888 First Street, N.E.

Washington, DC 20426
COMMENTS: FERC No. P-77-311: Potter Valley Hydroelectric Project 2022 Flow Variance Request Due to Limited Water Availability
Dear Secretary Bose,
On May 13, 2022, Pacific Gas and Electric Company (PG&E) requested approval for a flow variance for FERC Project No. P-77-311, the Potter Valley Hydroelectric Project (Project). The basis of the request was that current license required flows would lead to reservoir drawdown at Lake Pillsbury to the critical pool stage by late fall. The signatories to this letter have concerns with the flow variance request and offer the following comments.

Russian River Water Sharing Program
The signatories to this letter are part of a steering committee that has been meeting extensively for over a year with California State Water Resources Control Board (SWRCB) staff to develop an alternative program to the standard water right curtailment actions that have been implemented by the SWRCB under drought emergency actions implemented for the Russian River. The drought conditions of 2021 lead to broad curtailments to water rights in the Russian River which strained local municipalities, crops and economies. The proactive actions taken by this steering committee, and SWRCB staff, lead to creative solutions being developed to present to the SWRCB as part of anticipated 2022 emergency actions.

As a result of these collaborative efforts, the Russian River Water Sharing Program (Program) was included in the readoption of the emergency curtailment regulations for the Russian River that were approved by the SWRCB on May 10, 2022 as an alternative pathway in the upper watershed that allows right holders to voluntarily reduce their water use in lieu of curtailments The final Program text and related agreements are scheduled to come to the State Water Board for adoption on June 7th.

In the months of discussion leading up to the development of this Program, it was anticipated that there could be a variance request from PG&E. However, the severity of the flow reduction request into the East Fork of the Russian River (E-16 flows) was not expected. The May 13th request from PG&E to dramatically reduce the flows into the East Fork of the Russian River from the current 75 CFS normal year designation (plus 5 CFS buffer) to a critical year designation of 5 CFS (with no buffer) will be detrimental to the ability to implement the Program. 153
2 The transformer bank failure, and lack of repair or replacement, at the Project powerhouse last year has already significantly reduced the amount of water that is provided by the Project and subsequently down-stream uses (hydroelectric generation, domestic uses, crop irrigation, livestock water, and instream flows to protect endangered species). The request to further reduce the license flows into the East Fork Russian River only exacerbates the severity of the water supply shortage for the Russian River and negative socioeconomic impacts created within the region.

FERC, as the licensing authority for the hydropower production aspect of the Project, understands that the Project has evolved to be important for both regional power production and water supply.

The water that is provided from the hydropower production and the license requirements has been appropriated for use in the Russian River by the SWRCB for the past 100+ years. Project water allocations are what SWRCB staff modeled for the Program, under various supply conditions, to match water demand levels within the water rights priority system.

Within the flow variance, the request from PG&E to reduce the East Fork Russian River flows to 5 CFS and perhaps increase the flows to 25 CFS, depending on storage in Lake Pillsbury, does not provide any consistency to plan for the implementation of the Program during the summer months.

After all the long hours and hard work that has gone into the development of the Program, it is frustrating that PG&E decided to take this pathway for the variance request without engagement of Russian River interests. PG&E needs to better study the need and present a more definitive proposal for the flow variance including monthly flow targets based upon Lake Pillsbury storage targets.

The signatories request FERC to take into consideration the effects of PG&E’s proposal to reduce the East Fork Russian River flows to 5 CFS with no buffer. It is understood that current drought conditions support reducing the flows from a normal year allocation. However, an automatic flow reduction to a critical year designation is abrupt and unwarranted given that Lake Pillsbury storage is 20,000+ acre feet higher in 2022 compared to the same time last year. To start with an incremental reduction from the current 75 CFS flow regime, or even a dry year designation, is a more reasonable approach. A dry year designation could meet both Project objectives as well as provide flexibility to water managers in the Russian River to work with the SWRCB to implement the Program as well as manage flows for various beneficial uses.

Lack of Engagement with the Drought Working Group
PG&E has historically engaged with the Project Drought Working Group to consult on proposed flow variances. However, PG&E did not offer an opportunity for the Drought Working Group to discuss the variance proposal prior to the May 13th filing. In fact, this lack of consultation with the Drought Working Group also occurred in the 2021 flow variance request.

Last year, in FERC’s, ORDER APPROVING EXTENSION OF TEMPORARY VARIANCE OF FLOW REQUIREMENTS UNDER LICENSE ARTICLE 52 (176 FERC ¶ 61,082, August 11, 2021), it is stated on P. 13,
154
3 Should PG&E contemplate a request for an additional variance due to ongoing drought conditions, it must make such a request by February 28, 2022, and must provide evidence of consultation with the Drought Working Group. In order to provide Commission staff adequate time to consider the request, we ask that PG&E provide us with 60 to 90 days’ notice prior to filing the request for a new temporary variance related to the drought.

And
Although the Drought Working Group was established outside of the license, the Commission generally encourages licensees to consult with stakeholders and to consider their interests when developing plans for Commission approval. Starting with its May 13, 2015 drought-related variance request and subsequent droughtrelated variance requests, PG&E committed to convening a Drought Working Group to discuss and determine appropriate flow release levels from the project.

PG&E again convened this group in response to the 2021 drought conditions, and states that it engaged with local irrigation districts and the resource agencies to discuss the proposed variance. However, it appears that PG&E did not include all of the irrigation districts and other water users affected by flow management at the project. All affected entities have had the opportunity to comment in this proceeding.

We encourage PG&E to include all participants of the Drought Working Group in the future.

The direction provided from FERC to PG&E in 2021 was not adhered to in several ways. An official notice for a change request for 2022 was not submitted by February 28, 2022, and there was no consultation with the Drought Working Group prior to submitting the May 13, 2022 flow variance request.

If Sonoma Water was engaged as part of the Drought Working Group, there could have been increased coordination with the Program steering committee as Sonoma Water staff have been participating in the Program development. The steering committee would have benefited from knowing about any proposed flow variance levels so that the committee could have discussed the supply/demand assessments with SWRCB staff earlier than two weeks before the scheduled adoption hearing for the Program. The lack of communication from PG&E to all of the Drought Working Group members will have a bigger impact in 2022 and further reiterates the importance of FERC to ensure that PG&E adheres to directives related to variance requests that are given by the Commission.

It is requested that FERC consider the lack of follow through by PG&E on the points raised above.

This blatant lack of compliance with the FERC directives had further aggravated the ability to 155
4 balance the water management needs of the Eel River and the Russian River, both of which are connected to the water supply from the Project.

Environmental & Socioeconomic Impacts
With the requested variance, PG&E did not include any discussion on the environmental and socioeconomic impacts due to the lower flows from a critical-year versus dry-year designation. As stated, the requested variance for critical-year flows will have a deep and significant impact on water supplies within the Russian River watershed. These impacts are not limited to the importance of human health and safety needs but also extend into the ability to protect endangered species and exacerbation of socioeconomic impacts from the requested variance.

Maintaining sufficient instream flows within the Russian River is difficult without sufficient flows through the Project. In determining whether to approve the requested variance, FERC must first weigh the benefit of reduced flows against holding water within Lake Pillsbury. The water quality impacts and potential harm of endangered species within the Russian River may be significant Many agricultural lands border the Russian River and rely on sufficient flows within the Russian River to support crops, livestock, and meet domestic water needs. PG&E has not provided information regarding the requested variance’s socioeconomic impacts on farming communities and farm workers dependent upon agricultural crops and livestock. Without more information from PG&E, and PG&E’s engagement with communities along the Russian River, FERC cannot reasonably know the socioeconomic impacts created should the requested variance be approved.

Conclusion
The variance request from PG&E could have been handled in a much more transparent way. The lack of communication and late timing for the variance submittal has unnecessarily jeopardized months of work by the Russian River Water Sharing Program steering committee. For this and the additional reasons presented above, it is requested that FERC not approve the variance request to reduce the East Fork Russian River releases to a critical year flow level of 5 CFS.

Sincerely,
156
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
OPEN SESSION:

THIS MEETING IS OPEN TO THE PUBLIC IN

PERSON AND VIA THE ZOOM LINKS BELOW
6:00 PM
PUBLIC PARTICIPATION:

City Council welcomes your interest, attendance, and participation at Public Session Meetings.

Regular City Council meetings are also streamed on YouTube via live webcast at cloverdale.net/youtube.

Members of the public can provide comment on an agenda item in-person or online via Zoom during the public comment periods. Zoom attendees will be muted until they are called upon by the Mayor or City Clerk. To make a public comment on Zoom, use the raise hand icon, or dial *9 if you are calling in. Please state your name for the record. Once you start, you will have three (3) minutes to speak. Please note the Council is unable to respond directly to questions or enter into dialogue with commenters. Written comments may alternatively be submitted prior to the meeting via email to the City Clerk at [email protected]. Please note, all written comments received are considered public records and subject to disclosure under the California Public Records Act.

Council may recess for breaks and matters on the agenda may be taken out of order.

Members of the City Council may participate in the meeting in person or via Zoom consistent with the provisions of Assembly Bill 361 amending the Brown Act.

A. OPENING PUBLIC SESSION.

Call to Order
Pledge of Allegiance
AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, JUNE 8, 2022

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 157
Roll Call
Conflict of Interest Declaration
Agenda Review (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 Fme. Members of the public have the right to speak on any item on the Council Agenda at the Fme 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:

Recommended Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Establishing the Appropriation Limit for Fiscal Year 2022-23.

D.3 Contract with KLH Consulting, Inc. to provide Managed IT Services Recommended Action(s):

Adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale Approving a Professional Services Agreement with KLH Consulting, Inc. to provide Managed IT Services in an amount not to exceed $192,000 for each fiscal year FY 2022-23 and 2023- 24 and authorizing the City Manager to execute said agreement” in a form approved by the Certificate of Appreciation - Student Liaison Guadalupe Nunez Proclamation - Pride Month 2022
Proclamation - Recognizing Juneteenth 2022
May 25, 2022 - Draft Minutes
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Appropriations Limit Calculation
Attachment 3 - May 2022 Price and Population Information 2 158
City Attorney.”
D.4 Discussion and Consideration of the Adoption of City of Cloverdale Biennial Budget for the Fiscal Years 2022-23 and 2023-24
Recommended Action(s):

Recommended Action(s):

F. PUBLIC HEARING: None.

G. NEW BUSINESS:

G.1 Policy for the Outdoor Display of Flags by the City.

Recommended Action(s):

Discuss Policy Considerations for Development of a Policy for the Outdoor Display of Flag by the City of Cloverdale and Provide Direction to City Staff on Next Steps.

Finance, Administration & Police - 1st Monday each month at 1:30 p.m.

Next Meeting - June 6th, 2022 (Cancelled), July 4th, 2022 (Cancelled) Planning & Sustainability - 3rd Tuesday bi-monthly at 1:30 p.m.

Next Meeting - June 21, 2022
Public Works & Facilities - 4th Tuesday each month at 1:30 p.m.

Next Meeting - July 26, 2022
Joint City/Cloverdale Fire District - 2nd Monday every 4th month at 5:30 p.m.

Next Meeting - June 13, 2022
Joint City/Cloverdale Unified School District - 3rd Monday bi-monthly at 4:30 p.m.

Next Meeting - July 18, 2022
Homelessness Community Advisory Group - 2nd Tuesday each Month at 1:30 p.m.

Next Meeting - June 14, 2022
I. COUNCIL REPORTS: (Verbal reports only)
J. INFORMATIONAL REPORTS:

K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION:

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

M. STATUS UPDATES:

CURRENT IMPACTS TO WATER SUPPLY:

COVID-19 EMERGENCY
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

O. ADJOURNMENT: The next regular meeFng of the City Council and Cloverdale Community Development Successor Agency is scheduled for June 22, 2022.

Agenda Report
Attachment 1 - Memorandum to City Council and Exhibit A - Program Info Attachment 2 - Resolution and Exhibit A - Water Sharing Agreement 4 160

CERTIFICATE OF POSTING
I, Mike Maloney, 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; online at cloverdale.net/agendacenter and made available for public review at least 72 hours prior to the meeting as required by the Brown Act.

Date posted: Time posted: City Clerk Signature:

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

TRANSCRIPTIONS: The City does not transcribe its proceedings. Anyone who desires a verbal record of this meeFng should arrange for an aSendant by a court reporter or for other acceptable means of recording. Such arrangement will be at the sole expense of the individual requesFng the recordaFon. QuesFon about this agenda should be directed to City Hall at 707-894-2521. Video recordings are available at cloverdale.net/agendacenter The City of Cloverdale thanks you in advance for taking all precautions to prevent spreading COVID-19. 5 6.2.2022 4:45 p.m.
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Council Report May 25, 2022 to June 8, 2022
Joe Palla
05/27/22 – Friday Attended the Cloverdale Veterans Pool opening ceremony with Supervisor Gore, the Sonoma County General Services Department, the Cloverdale School District, and City of Cloverdale. It was great ceremony and a great start to the 2022 swim season. This collaborated project between the County, School District and City is now complete.
06/08//22 – Wednesday Attended the Northern Sonoma County Air Pollution Control District, Board of Director, meeting.
06/08/22 – Wednesday Attended the City Council Meeting
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1 Michael Maloney
From: Michael Maloney
Sent: Wednesday, June 08, 2022 11:21 AM
To: City Council Members
Subject: FW: Council Report May 26-6/8
***Please do not reply to all***
Good Morning Councilmembers,
Please see the below from Commissioner Bagby.

Thanks,
Mike Maloney, PACE | City Clerk
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Office: (707) 894-1712
www.cloverdale.net
From: Melanie Bagby <[email protected]>
Sent: Wednesday, June 08, 2022 11:07 AM
To: Michael Maloney <[email protected]>
Subject: Council Report May 26‐6/8
5/27 ‐ Attended Cloverdale Pool opening; attended CalCities GTLR policy executive committee meeting 5/28 ‐ Attended First Street business event
5/30 ‐ Attended Memorial Day ceremony at Cloverdale Cemetery 6/1 ‐ Attended SMART board meeting, highlights included the announcement of SMART/GG Ferry/Giants game pilot two Saturday games [see press release] and SMART's participation in Metropolitan Transportation Commission’s (MTC) Institutional Transit Pass Pilot Program. See SMART's Progress Report. 6/2 ‐ Sonoma Clean Power Board meeting highlights: The Geothermal Opportunity Zone (GeoZone) was established by the SCP Board of Directors and the Boards of Supervisors in Sonoma and Mendocino Counties to explore expanding local geothermal power capacity. The purpose of the GeoZone is to develop the resources necessary to allow SCP to stop relying on natural gas power plants altogether. Staff also announced several new local power generation contracts further securing our supply of locally produced, renewable energy for our customers. Attended SCTA Future of Transit ad hoc
Melanie Bagby
Councilmember, City of Cloverdale
707‐893‐7170 • [email protected]
www.facebook.com/cccmbagby/
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Cloverdale City CouncilJune 8, 2022

Cloverdale City Council
June 8, 2022