Minutes — Cloverdale City Council, October 12, 2022

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

MINUTES - FINAL

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

COMMUNITY DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS WEDNESDAY, OCTOBER 12, 2022
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
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, Vice Mayor Wolter, Councilmembers: Cruz, Bagby, Palla Absent - None.

Conflict of Interest Declaration - Councilmember Bagby recused from Item G.1 due to proximity to the project. Councilmember Cruz recused from item E.7 due to proximity to the project.

Agenda Review - None.

B. PUBLIC COMMENTS
None.

C. COMMUNICATIONS
None.

D. PROCLAMATIONS/PRESENTATIONS
D.1 Student Liaison Report
Student Liaison Garcia reported.

D.2 Proclamation - Children's Environmental Health Day
Mayor Lands presented the proclamation.

E. CONSENT CALENDAR
Mayor Lands pulled item E.1 and E.7 from the Consent Calendar at the request of Councilmember Cruz A motion was made by Councilmember Palla, seconded by Councilmember Bagby, to waive reading of the text and adopt the Consent Calendar with the exception of item E.1 and E.7.

The motion carried by the following vote:

Ayes: 5 - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla E.2 A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361

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Action: Resolution was adopted.

RESOLUTION NO. 095-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY OF CLOVERDALE OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361.

E.3 Resolution Approving the City of Cloverdale’s Salary Schedule effective July 1, 2022.

Action: Resolution was adopted.

RESOLUTION NO. 096-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE CITY OF CLOVERDALE’S CURRENT SALARY SCHEDULE EFFECTIVE JULY 1, 2022.

E.4 Budget Amendment for Adopted Cost of Living Adjustments and $2,000 One-time Bonus Action: Resolution was adopted.

RESOLUTION NO. 097-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT TO THE FY 2022-23 BUDGET IN THE AMOUNT OF $325,455 FOR SALARY AND EMPLOYEE BENEFITS EXPENSES ASSOCIATED WITH THE

APPROVAL OF MEMORANDUM OF UNDERSTANDINGS WITH THE CLOVERDALE POLICE OFFICERS

ASSOCIATION (CPOA), CLOVERDALE DISPATCH ASSOCIATION (CDA), CLOVERDALE CLASSIFIED EMPLOYEES’ ASSOCIATION (CCSEA), A COMPENSATION PLAN WITH THE UNAFFILIATED EMPLOYEES, AND, AMENDED EMPLOYMENT AGREEMENTS WITH SENIOR STAFF.

E.5 Annual Maintenance Services Agreement with Miksis Services, Inc. to Provide Sewer Maintenance and Rehabilitation
Action: Resolution was adopted.

RESOLUTION NO. 098-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A NEW ANNUAL MAINTENANCE SERVICES AGREEMENT WITH MIKSIS SERVICES, INC. TO PROVIDE SEWER MAINTENANCE/REHABILITATION IN AN AMOUNT NOT TO EXCEED $185,662.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT.

E.6 Budget Amendment to incorporate expenditures and Authorizing West Yost & Associates, Inc. to prepare a Recycled Water Feasibility Study and Planning Grant Application Action: Resolution was adopted.

RESOLUTION NO. 099-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A BUDGET AMENDMENT APPROPRIATING FUNDING AND AUTHORIZING WEST YOST & ASSOCIATES, INC. TO PREPARE A RECYCLED WATER FEASIBILITY STUDY AND PLANNING GRANT APPLICATION.

E.1 Minutes Approval - September 28, 2022
A motion was made by Councilmember Cruz, seconded by Councilmember Palla, to adopt the September 28, 2022 Minutes as amended.

The motion carried by the following vote:

Ayes: 5 - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla Councilmember Cruz left the meeting at 6:13 p.m.

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E.7 Purchase and Sale Agreement (PSA) with Cloverdale Unified School District for a portion of Thyme Square.

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

RESOLUTION NO. 100-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A PURCHASE AND SALE AGREEMENT (PSA) WITH CLOVERDALE UNIFIED SCHOOL DISTRICT, A CALIFORNIA SCHOOL DISTRICT FOR A 0.23 ACRE PORTION OF LOT “C” (SONOMA COUNTY ASSESSOR’S PARCEL NUMBER 001-440-049) ON THE THYME SQUARE FINAL MAP

FOR CONSTRUCTION OF A SCHOOL BUS LOADING AND TURNAROUND AREA AND ASSOCIATED PEDESTRIAN IMPROVEMENTS.

The motion carried by the following vote:

Ayes: 4 - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Palla Recused: 1 - Councilmember Cruz
Councilmember Cruz returned to the meeting, and Councilmember Bagby left the meeting at 6:14 p.m.

F. PUBLIC HEARINGS
None
G. NEW BUSINESS
G.1 A Resolution of the City Council of the City of Cloverdale designating the City of Cloverdale’s Priority Project and authorizing submittal of application to the Sonoma County Community Development Commission for fiscal Year 2022-23 Community Development Block Grant Funding for the City 1st street sidewalk ADA improvement project Assistant City Manager Thompson presented.

Councilmembers commented.

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

RESOLUTION NO. 101-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE DESIGNATING THE CITY OF CLOVERDALE’S PRIORITY PROJECT AND AUTHORIZING

SUBMITTAL OF AN APPLICATION TO THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION FOR FISCAL YEAR 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUNDING FOR THE 1ST STREET SIDEWALK ADA PROJECT.

The motion carried by the following vote:

Ayes: 4 - Mayor Lands, Vice Mayor Wolter, Councilmembers: Cruz, Palla Recused: 1 - Councilmember Bagby
Councilmember Bagby returned to the meeting at 6:19 p.m.

G.2 Amendment of Title 9 of the Cloverdale Municipal Code to add chapter 9.35.

City Manager Kelley introduced the item and Chief Ferguson presented.

Staff responded to Councilmember inquiries and comments.

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

ORDINANCE NO. 749-2022 ENTITLED: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING TITLE 9 OF THE CLOVERDALE MUNICIPAL CODE TO REPEAL CHAPTER

9.34, “HUMAN HABITATION OF VEHICLES AND CAMPERS,” ADD CHAPTER 9.35, “PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS”.

The motion passed by the following vote:

Ayes: 4 - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Palla Noes: 1 - Councilmember Cruz
Staff received direction from Council regarding the accompanying resolution for the second reading of the ordinance.

H. SUBCOMMITTEE REPORTS
City Clerk Maloney reported.

I. COUNCIL REPORTS
No verbal reports
J. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
City Manager Kelley reported and Councilmembers commented.

K. CITY MANAGER/CITY ATTORNEY REPORT(S)
City Manager Kelley reported and responded to Councilmember inquiries.

City Attorney Sanchez reported.

L. STATUS UPDATES
CURRENT IMPACTS TO WATER SUPPLY - None.

COVID-19 EMERGENCY - None.

M. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

N. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:29 p.m. to the Special Closed Session Meeting scheduled for October 14, 2022
Approved On: October 26, 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 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 agenda items 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.

AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, OCTOBER 12, 2022

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 A. OPENING PUBLIC SESSION
Call to Order
Pledge of Allegiance
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 Eme.

Members of the public have the right to speak on any item on the Council Agenda at the Eme 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. Three minutes are typically allotted to each speaker.

C. COMMUNICATIONS
Council may discuss at this Eme wriFen communications sent to Councilmembers since the last council meeEng.

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

D. PROCLAMATIONS/PRESENTATIONS
D.1 Student Liaison Report
D.2 Proclamation - Children's Environmental Health Day
E. CONSENT CALENDAR
All items under the Consent Calendar will be considered together by one acEon of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.

E.1 Minutes Approval - September 28, 2022
E.2 A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361 Recommended Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Bill 361.”
E.3 Resolution Approving the City of Cloverdale’s Salary Schedule effective July 1, 2022.

Recommended Action(s):

Adopt Resolution titled, “A Resolution of the City Council of the City of Cloverdale adopting the City of Cloverdale’s current salary schedule effective July 1, 2022.” Proclamation - Childrens Environmental Health Day
September 28, 2022 - Draft Minutes
September 28, 2022 - Draft Minutes (Updated October 12, 2022 2:50 p.m.) Agenda Report
Attachment 1 - Resolution
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Salary Schedule
2 E.4 Budget Amendment for Adopted Cost of Living Adjustments and $2,000 One-time Bonus Recommended Action(s):

Adopt Resolution titled, “A Resolution of the City Council of the City of Cloverdale approving a budget amendment to the FY 2022-23 budget in the amount of $325,455 for salary and employee benefits expenses associated with the approval of memorandum of understandings with the Cloverdale Police Officers Association (CPOA), Cloverdale Dispatch Association (CDA), Cloverdale Classified Employees’ Association (CCSEA), a compensation plan with the unaffiliated employees, and, amended employment agreements with Senior staff.”
E.5 Annual Maintenance Services Agreement with Miksis Services, Inc. to Provide Sewer Maintenance and Rehabilitation
Recommended Action(s):

Adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale approving a new Annual Maintenance Services Agreement with Miksis Services, Inc. to provide sewer maintenance/rehabilitation in an amount not to exceed $185,662.00 and authorizing the City Manager to execute said agreement.”
E.6 Budget Amendment to incorporate expenditures and Authorizing West Yost & Associates, Inc. to prepare a Recycled Water Feasibility Study and Planning Grant Application Recommended Action(s):

Adopt a resolution titled, “A Resolution of the City Council of the City of Cloverdale approving a budget amendment appropriating funding and authorizing West Yost & Associates, Inc. to prepare a Recycled Water Feasibility Study and Planning Grant Application.” E.7 Purchase and Sale Agreement (PSA) with Cloverdale Unified School District for a portion of Thyme Square.

Recommended Action(s):

Approve Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving a Purchase and Sale Agreement (PSA) with Cloverdale Unified School District, a California School District for a 0.23 acre portion of Lot “C” (Sonoma County Assessor’s Parcel number 001-440-049) on the Thyme Square Final Map for construction of a school bus loading and turnaround area and associated pedestrian improvements.”
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Miksis Services Quotation
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A
Attachment 3 - Budget Amendment Form
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - PSA
Attachment 3 - School Bus Turnout Exhibit
3 F. PUBLIC HEARINGS
G. NEW BUSINESS
G.1 A Resolution of the City Council of the City of Cloverdale designating the City of Cloverdale’s Priority Project and authorizing submittal of application to the Sonoma County Community Development Commission for fiscal Year 2022-23 Community Development Block Grant Funding for the City 1st street sidewalk ADA improvement project
Recommended Action(s):

Adopt a Resolution Designating the City of Cloverdale’s Priority Project and authorizing submittal of an application to the Sonoma County Community Development Commission for fiscal year 2022-2023 Community Development Block Grant (“CDBG”) funding for the 1st Street Sidewalk ADA Project.

G.2 Amendment of Title 9 of the Cloverdale Municipal Code to add chapter 9.35.

Recommended Action(s):

Consider adopting an ordinance amending Title 9 of the Cloverdale Municipal Code to repeal Chapter

9.34, “Human Habitation of Vehicles and Campers”, and add Chapter 9.35, “Protection of Critical Infrastructure and Wildfire Risk Areas” and authorize staff to bring items back to council for a public hearing.

H. SUBCOMMITTEE REPORTS
Finance, Administration & Police: Next Meeting - Nov. 7, 2022 Planning & Sustainability: Next Meeting - Oct. 18, 2022 Public Works & Facilities: Next Meeting - Oct. 25, 2022 Joint City/Cloverdale Unified School District: Next Meeting - Nov. 14, 2022 Homelessness Community Advisory Group: Next Meeting - November 8, 2022 I. COUNCIL REPORTS
I.1 Emailed Reports
J. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
K. CITY MANAGER/CITY ATTORNEY REPORT(S)
L. STATUS UPDATES
-CURRENT IMPACTS TO WATER SUPPLY
-COVID-19 EMERGENCY
M. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Agenda Report
Attachment 1 - Resolution
Attachment 2 - NOFA
Agenda Report
Attachment 1 - Critical Infrastructure Ordinance
Exhibit A - Protection of Critical Infrastructure and Wildfire Attachment 2 - Presentation
Councilmember Bagby
Councilmember Cruz
4 N. ADJOURNMENT
The next regular meeEng of the City Council is scheduled for October 26, 2022, with a Special Closed Session Meeting scheduled for October 14, 2022.

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: 10.6.2022 Time posted: 2 p.m. City Clerk Signature: s/Mike Maloney

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

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

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

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

TRANSCRIPTIONS: The City does not transcribe its proceedings. Anyone who desires a verbal record of this meeEng should arrange for an aFendant by a court reporter or for other acceptable means of recording. Such arrangement will be at the sole expense of the individual requesEng the recordaEon. QuesEon 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 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE PROCLAIMING OCTOBER 13, 2022 AS CHILDREN’S ENVIRONMENTAL HEALTH DAY IN CLOVERDALE WHEREAS, the aim of Children’s Environmental Health (CEH) Day is to raise awareness about the importance of clean air and water, safe food and consumer products, and healthy environments to children’s health and development; and
WHEREAS, CEH Day was created by the Children’s Environmental Health Network and celebrated for the first time on October 13, 2016; and
WHEREAS, CEH Day is observed on the second Thursday in October as a means to celebrate progress of the children’s environmental health movement and create a strong network of child health advocates; and WHEREAS, CEH Day is a national effort supported by individuals, non-profit organizations, and government agencies; and
WHEREAS, CEH Day encourages individuals and organizations to raise awareness and understanding of children’s environmental health issues, seek improved protections for all children, and to perform acts of sustainability or environmental health wellness; and
WHEREAS, together, we can safeguard the health, safety and wellbeing of our most precious resource: children; NOW, THEREFORE, BE IT PROCLAIMED that I, Mayor Todd Lands do hereby proclaim Thursday, October 13, 2022 as:

CHILDREN’S ENVIRONMENTAL HEALTH (CEH) DAY
in Cloverdale and urge all citizens to observe this day with awareness-raising and environmental health and stewardship activities to create a healthier environment for our children.

Dated: October 12, 2022
SO ORDERED:
_____________________________
Todd Lands, Mayor
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124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

DRAFT MINUTES

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, SEPTEMBER 28, 2022
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. OPENING PUBLIC SESSION
Call to Order - Mayor Lands called the meeting to order at 6:02 p.m.

Pledge of Allegiance - Mayor Lands led the pledge of allegiance.

Roll Call - Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla

Absent: None.

Conflict of Interest Declaration - None.

Agenda Review - None.

B. PUBLIC COMMENTS
None.

C. PROCLAMATIONS/PRESENTATIONS
C.1 Student Liaison Report - Teresa Garcia Zambrano
Student Liaison Zambrano presented.

C.2 Proclamation - National Suicide Prevention Awareness Month Councilmember Cruz presented the proclamation to Rebecca Ennis on behalf of the Cloverdale Senior Center. Councilmembers commented and Rebecca Ennis presented.

C.3 Presentation - 4th District Supervisor James Gore on Cloverdale Russian River Management Mayor Lands introduced the item and County Supervisor Gore, Community Development Commissioner Gause, and Field Representative Mendoza presented. Supervisor Gore responded to Councilmember inquiries and comments.

Public Comment: Angela Cordova commented, and Supervisor Gore responded.

Mayor Lands recessed the meeting at 7:52 p.m. and reconvened at 7:57 p.m.

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 (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla 7

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D.1 September 14, 2022
Action: Approved as submitted.

D.2 A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361
Action: Resolution was adopted.

RESOLUTION NO. 091-2022 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY OF CLOVERDALE OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361
D.3 Vegetation Management Program at the Porterfield Creek Open Space.

Action: Resolution was adopted.

RESOLUTION NO. 092-2022 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING AN AGREEMENT WITH THE NORTHERN SONOMA COUNTY FIRE DISTRICT TO IMPLEMENT PHASE 3 OF THE PORTERFIELD CREEK VEGETATION MANAGEMENT PROGRAM IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000) AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAID AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY E. COMMUNICATIONS
None.

F. PUBLIC HEARING
None.

G. NEW BUSINESS
G.1 Discussion on potential participation in countywide ban on construction of new gas station infrastructure
Assistant City Manager Thompson presented. Staff responded to Councilmember inquiries and comments.

Public Comment: Woody Hastings spoke in support of the ban.

Jenny Blaker spoke in support of the ban.

Council addressed public comments and discussed Cloverdale potentially participating in the countywide ban.

Public Comment: Jenny Blaker commented.

Council addressed public comment and provided direction to staff.

Councilmember Cruz and Vice Mayor Wolter left the meeting at 8:47 p.m.

G.2 Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Police Officers’ Association and Authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City City Manager Kelley presented for items G.2 and G.3.

Public Comment: None.
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A motion was made by Councilmember Palla, seconded by Councilmember Bagby, to waive reading of the text and adopt:

RESOLUTION NO. 093-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

The motion carried by the following vote:

Ayes (3) - Mayor Lands and Councilmembers: Cruz, Palla
Absent (2) Vice Mayor Wolter and Councilmember Cruz
G.3 Resolution of the City Council of the City of Cloverdale Approving a Memorandum of Understanding with the Cloverdale Classified Service Employees Association and Authorizing the City Manager to Execute the Memorandum of Understanding on behalf of the City Public Comment: None.

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

RESOLUTION NO. 094-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CLOVERDALE

CLASSIFIED SERVICE EMPLOYEES ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY
The motion carried by the following vote:

Ayes (3) - Mayor Lands and Councilmembers: Cruz, Palla
Absent (2) Vice Mayor Wolter and Councilmember Cruz
H. SUBCOMMITTEE REPORTS
Finance, Administration & Police - Next Meeting - Oct. 3, 2022 Planning & Sustainability - Next Meeting - Oct. 18, 2022 Public Works & Facilities - Next Meeting - Sept. 27, 2022 and Oct. 25, 2022 Joint City/Cloverdale Fire District - Next Meeting - Oct. 10, 2022 (Cancelled) - Discontinued in 2023 Joint City/Cloverdale Unified School District - Next Meeting - Nov. 21, 2021 (Cancelled), Special Meeting - Nov. 14, 2022
Homelessness Community Advisory Group - Next Meeting - Oct. 11, 2022 I. COUNCIL REPORTS
Councilmember Bagby reported.

J. INFORMATIONAL REPORTS
None.

K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
City Manager Kelley reported.

L. CITY MANAGER/CITY ATTORNEY REPORT(S)
City Attorney Sanchez reported.
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M. STATUS UPDATES

1. CURRENT IMPACTS TO WATER SUPPLY
City Manager Kelley reported.

2. COVID-19 EMERGENCY
None.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 9 p.m. to the next regularly scheduled meeting on October 12, 2022.

Approved On: October 12, 2022
____________________________
Mike Maloney, City Clerk
10

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

DRAFT MINUTES

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, SEPTEMBER 28, 2022
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. OPENING PUBLIC SESSION
Call to Order - Mayor Lands called the meeting to order at 6:02 p.m.

Pledge of Allegiance - Mayor Lands led the pledge of allegiance.

Roll Call - Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla

Absent: None.

Conflict of Interest Declaration - None.

Agenda Review - None.

B. PUBLIC COMMENTS
None.

C. PROCLAMATIONS/PRESENTATIONS
C.1 Student Liaison Report - Teresa Garcia
Student Liaison Garcia presented.

Public Comment: Angela Cordova commented, and Supervisor Gore responded.

Mayor Lands recessed the meeting at 7:52 p.m. and reconvened at 7:57 p.m.

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 (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Cruz, Palla 11

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D.1 September 14, 2022
Action: Approved as submitted.

D.2 A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361
Action: Resolution was adopted.

RESOLUTION NO. 091-2022 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY OF CLOVERDALE OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361
D.3 Vegetation Management Program at the Porterfield Creek Open Space.

Action: Resolution was adopted.

RESOLUTION NO. 092-2022 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MANAGER TO EXECUTE SAID AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY E. COMMUNICATIONS
None.

F. PUBLIC HEARING
None.

Public Comment: Woody Hastings spoke in support of the ban.

Jenny Blaker spoke in support of the ban.

Council addressed public comments and discussed Cloverdale potentially participating in the countywide ban.

Public Comment: Jenny Blaker commented.

Council addressed public comment and provided direction to staff.

Councilmember Cruz and Vice Mayor Wolter left the meeting at 8:47 p.m.

Public Comment: None.
12

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

RESOLUTION NO. 093-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

The motion carried by the following vote:

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

RESOLUTION NO. 094-2022 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CLOVERDALE

CLASSIFIED SERVICE EMPLOYEES ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY
The motion carried by the following vote:

J. INFORMATIONAL REPORTS
None.

K. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
City Manager Kelley reported.

L. CITY MANAGER/CITY ATTORNEY REPORT(S)
City Attorney Sanchez reported.
13

Page 4 of 4 ends

M. STATUS UPDATES

1. CURRENT IMPACTS TO WATER SUPPLY
City Manager Kelley reported.

2. COVID-19 EMERGENCY
None.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 9 p.m. to the next regularly scheduled meeting on October 12, 2022.

Approved On: October 12, 2022
____________________________
Mike Maloney, City Clerk
14 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

E.2
October 12, 2022
Agenda Section:

Consent
Staff Contact:

Jose M. Sanchez, City Attorney
Agenda Item Title:

A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City in Compliance with Assembly Bill 361
________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Authorizing Remote Teleconference Meetings of the City of Cloverdale of the City in Compliance with Assembly Bill 361.” ________________________________________________________________________________________ Background:

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.

On September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that legislative bodies make specified findings. AB 361 took effect upon the expiration of Executive Order N-29-20 on October 1, 2021. AB 361 allows a local agency legislative body to hold a meeting utilizing teleconferencing without complying with the standard teleconferencing requirements if the Governor has proclaimed a State of Emergency and if the local Public Health Officer recommends social distancing measures to protect the public’s health and safety during local government meetings. These conditions currently exist.
________________________________________________________________________________________ Summary:

Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic, which is still in effect. In addition, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.

The attached Resolution makes the findings to confirm the current conditions to allow continued teleconference meetings pursuant to AB 361 for the City Council and other legislative bodies of the City. The attached Resolution will become effective upon adoption. This will allow members of the public to safely observe and participate in local government meetings during the continued pandemic. 15 City Council
October 12, 2022
Item No. D.4

Page 2 of 2 ends

If a meeting is held via teleconference under AB 361, the following requirements apply:

1. Notices and agenda requirements remain the same under the Brown Act;

2. No physical location is required for public attendance or public comment. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda;

3. Teleconference meetings must protect the statutory and constitutional rights of the parties and the public;

4. If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed;

5. Legislative bodies may allow public comments to be submitted prior to a meeting but must also allow the public to participate in real time through call-in or internet-based service;

6. If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting; and

7. When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third-party host if applicable.

In order to continue to hold remote meetings, the City Council may declare every 30 days that they have reconsidered the state of emergency conditions and either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) state or local officials continue to impose or recommend measures to promote social distancing. The City Council may also readopt their original findings under AB 361 to hold remote teleconference meetings if more than 30 days have passed. ________________________________________________________________________________________ Alternative Options:

1. Do not adopt the Resolution authorizing continued remote meetings. ________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

Continued remote access to City Council meetings will continue current additional expenses. ________________________________________________________________________________________ Attachments:

1. Resolution
16 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. [XX]-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY IN COMPLIANCE WITH ASSEMBLY BILL 361 WHEREAS, the City of Cloverdale (the “City”) is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M. Brown Act (Cal. Gov.

Code §54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and
WHEREAS, the Ralph M. Brown Act makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of Government Code Section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of the novel coronavirus disease (“COVID19”); and WHEREAS, on March 18, 2020, the City Council adopted Resolution Number 032-2020, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City may make certain findings within thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the State of Emergency declared by the Governor pursuant to Government Code section 8625, and state or local officials continue to impose or recommend measures to promote social distancing; and 17 WHEREAS, the State of Emergency declared by the Governor pursuant to Government Code section 8625 continues to be in effect; and
WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and
WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures recommended by local officials.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Current Conditions Authorize Teleconference Public Meetings of the Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and the Sonoma County Public Health Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions exist pursuant to Government Code section 54953(e)(1) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.

REGULARLY PASSED AND ADOPTED by the City Council of the City of Cloverdale on this 12th day of October, 2022 by the following vote:

AYES: ( )
NOES: ( )
ABSTAIN:( )
ABSENT: ( )
APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Mike Maloney, City Clerk
18 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

E3
October 12, 2022
Agenda Section:

Consent
Staff Contact:

Shannon Peterson, Finance & HR Analyst
Agenda Item Title:

Resolution Approving the City of Cloverdale’s Salary Schedule effective July 1, 2022. ________________________________________________________________________________________ Recommended Council Action(s):

Adopt Resolution titled, “A Resolution of the City Council of the City of Cloverdale adopting the City of Cloverdale’s current salary schedule effective July 1, 2022.” ________________________________________________________________________________________ Background:

California Public Employees’ Retirement Law requires that employees’ pay rates and special compensation rates be published in a publicly available salary schedule in order to meet the definition of compensation earnable. Only those pay amounts that meet the definition of compensation earnable are used when calculating retirement benefits. The City of Cloverdale Salary Schedule with all pay rates and special compensation rates was last approved by the City Council on January 26, 2022 with an effective date December 13, 2021.

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

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

1. On September 14, 2022, the City Council approved Resolution 088-2022 approving a Memorandum of Understanding with the Cloverdale Dispatch Association (CDA) which included a 5% Cost of Living Increase effective July 1st, 2022.

2. On September 14, 2022, the City Council approved Resolution 089-2022 approving the Compensation Plan with the Unaffiliated Employees, which included a 5% Cost of Living Increase effective July 1st, 2022.

3. On September 14, 2022, the City Council approved Resolution 090-2022 amending the salaries of the City Manager, Assistant City Manager/Community Development Director, Chief of Police, Finance Director, and City Clerk, which included a 5% Cost of Living Increase effective July 1, 2022.

4. On September 28, 2022, the City Council approved Resolution 093-2022 approving a Memorandum of Understanding with the Cloverdale Police Officers’ Association (CPOA), which included a 5% Cost of Living Increase effective July 1st, 2022.
19 City Council/Successor Agency Agenda Item Summary
Meeting Date: January 26, 2022
Item No. D.3

Page 2 of 2 ends

5. On September 28, 2022, the City Council approved Resolution 094-2022 approving a Memorandum of Understanding with the Cloverdale Classified Service Employees’ (CSEA), which included a 5% Cost of Living Increase effective July 1st, 2022.

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

1. Reject Resolution; or

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

None.
________________________________________________________________________________________ Budget/Financial Impact:

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

1. Resolution

2. Exhibit A to Resolution - Salary Schedule effective July 1, 2022 20 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. XXX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE CITY OF CLOVERDALE CURRENT SALARY SCHEDULE EFFECTIVE JULY 1, 2022 WHEREAS, the California Public Employees' Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City of Cloverdale to publish the City's Current Salary Schedule on the City's internet site and the City Council to approve the Salary Schedule in its entirety each time a modification is made; and
WHEREAS, on January 26, 2022, the City Council approved revised salary ranges pursuant to Resolution No. 007-2022; and
WHEREAS, On September 14, 2022, the City Council approved Resolution 088-2022 approving a Memorandum of Understanding with the Cloverdale Dispatch Association (CDA) which included a 5% Cost of Living Increase effective July 1st, 2022; and
WHEREAS, On September 14, 2022, the City Council approved Resolution 089-2022 approving the Compensation Plan with the Unaffiliated Employees, which included a 5% Cost of Living Increase effective July 1st, 2022; and
WHEREAS, On September 14, 2022, the City Council approved Resolution 090-2022 amending the salaries of the City Manager, Assistant City Manager/Community Development Director, Chief of Police, Finance Director, and City Clerk, which included a 5% Cost of Living Increase effective July 1, 2022; and WHEREAS, On September 28, 2022, the City Council approved Resolution 093-2022 approving a Memorandum of Understanding with the Cloverdale Police Officers’ Association (CPOA), which included a 5% Cost of Living Increase effective July 1st, 2022; and WHEREAS, On September 28, 2022, the City Council approved Resolution 094-2022 approving a Memorandum of Understanding with the Cloverdale Classified Service Employees’ (CSEA), which included a 5% Cost of Living Increase effective July 1st, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cloverdale that it does hereby approve the City of Cloverdale Salary Schedule effective July 1, 2022, attached hereto as Exhibit "A" and incorporated by this reference.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12th day of October 2022, by the following roll call vote:

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

Exhibit A - City of Cloverdale Salary Schedule effective July 1, 2022 21 Updated Assistant City Manager/Community Development Director Salary Removed Public Works Director/City Engineer
Added Public Works Director
5% COLA for Classified Employees Association
5% COLA for Dispatch Association
5% COLA for Management Employees
5% COLA for Police Officer Association
5% COLA for Unaffiliated Employees

CITY OF CLOVERDALE CURRENT SALARY SCHEDULE
AS OF JULY 1, 2022
22 Position Step Hourly Biweekly Monthly Annually
City Manager 1 $71.0152 $5,681.21 $12,309.30 $147,711.56 2 $74.5659 $5,965.27 $12,924.76 $155,097.14
3 $78.2942 $6,263.54 $13,571.00 $162,852.00
4 $82.2089 $6,576.72 $14,249.55 $170,994.60
5 $86.3194 $6,905.55 $14,962.03 $179,544.33
Position Step Hourly Biweekly Monthly Annually
Assistant City Manager/Community
Development Director 1 $63.9157 $5,113.25 $11,078.72 $132,944.61 2 $67.1115 $5,368.92 $11,632.65 $139,591.84
3 $70.4670 $5,637.36 $12,214.29 $146,571.43
4 $73.9904 $5,919.23 $12,825.00 $153,900.00
5 $77.6899 $6,215.19 $13,466.25 $161,595.00
Position Step Hourly Biweekly Monthly Annually
Chief of Police 1 $66.3713 $5,309.70 $11,504.35 $138,052.23 2 $69.6898 $5,575.19 $12,079.57 $144,954.84
3 $73.1743 $5,853.95 $12,683.55 $152,202.58
4 $76.8330 $6,146.64 $13,317.73 $159,812.71
5 $80.6747 $6,453.97 $13,983.61 $167,803.34
Position Step Hourly Biweekly Monthly Annually
City Clerk 1 $47.4026 $3,792.21 $8,216.45 $98,597.42
2 $49.7727 $3,981.82 $8,627.27 $103,527.29
3 $52.2614 $4,180.91 $9,058.64 $108,703.65
4 $54.8744 $4,389.96 $9,511.57 $114,138.83
5 $57.6182 $4,609.45 $9,987.15 $119,845.77
Position Step Hourly Biweekly Monthly Annually
Public Works Director 1 $60.7211 $4,857.69 $10,525.00 $126,299.96 2 $63.7572 $5,100.58 $11,051.25 $132,614.96
3 $66.9451 $5,355.60 $11,603.81 $139,245.71
4 $70.2923 $5,623.38 $12,184.00 $146,208.00
5 $73.8069 $5,904.55 $12,793.20 $153,518.40
Position Step Hourly Biweekly Monthly Annually
Finance Director 1 $57.1507 $4,572.06 $9,906.12 $118,873.44 2 $60.0082 $4,800.66 $10,401.43 $124,817.11
3 $63.0086 $5,040.69 $10,921.50 $131,057.97
4 $66.1591 $5,292.73 $11,467.57 $137,610.87
5 $69.4670 $5,557.36 $12,040.95 $144,491.41
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Management, At-Will Employees
23 Position Step Hourly Biweekly Monthly Annually
Officer 1 $37.1200 $2,969.60 $6,434.14 $77,209.65
2 $38.9760 $3,118.08 $6,755.84 $81,070.13
3 $40.9248 $3,273.99 $7,093.64 $85,123.64
4 $42.9711 $3,437.69 $7,448.32 $89,379.82
5 $45.1196 $3,609.57 $7,820.73 $93,848.81
Position Step Hourly Biweekly Monthly Annually
Sergeant 1 $44.9214 $3,593.71 $7,786.37 $93,436.43
2 $47.1674 $3,773.39 $8,175.69 $98,108.26
3 $49.5258 $3,962.06 $8,584.47 $103,013.67
4 $52.0021 $4,160.17 $9,013.70 $108,164.35
5 $54.6022 $4,368.18 $9,464.38 $113,572.57
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Cloverdale Police Officers Association (POA)
24 Position Step Hourly Biweekly Monthly Annually
Accountant/Analyst 1 $34.9832 $2,798.66 $6,063.76 $72,765.13 2 $36.7324 $2,938.59 $6,366.95 $76,403.38
3 $38.5690 $3,085.52 $6,685.30 $80,223.55
4 $40.4975 $3,239.80 $7,019.56 $84,234.73
5 $42.5223 $3,401.79 $7,370.54 $88,446.47
Position Step Hourly Biweekly Monthly Annually
Accounting Assistant I
Position Step Hourly Biweekly Monthly Annually
Accounting Assistant II 1 $26.0617 $2,084.94 $4,517.36 $54,208.35 2 $27.3648 $2,189.18 $4,743.23 $56,918.77
3 $28.7330 $2,298.64 $4,980.39 $59,764.71
4 $30.1697 $2,413.57 $5,229.41 $62,752.94
5 $31.6782 $2,534.25 $5,490.88 $65,890.59
Position Step Hourly Biweekly Monthly Annually
Accounting Technician 1 $28.6680 $2,293.44 $4,969.11 $59,629.37 2 $30.1014 $2,408.11 $5,217.57 $62,610.84
3 $31.6064 $2,528.51 $5,478.45 $65,741.38
4 $33.1868 $2,654.94 $5,752.37 $69,028.45
5 $34.8461 $2,787.69 $6,039.99 $72,479.88
Position Step Hourly Biweekly Monthly Annually
Assistant Planner 1 $31.7420 $2,539.36 $5,501.95 $66,023.37 2 $33.3291 $2,666.33 $5,777.04 $69,324.54
3 $34.9956 $2,799.64 $6,065.90 $72,790.77
4 $36.7453 $2,939.63 $6,369.19 $76,430.30
5 $38.5826 $3,086.61 $6,687.65 $80,251.82
Position Step Hourly Biweekly Monthly Annually
Associate Planner 1 $44.0085 $3,520.68 $7,628.13 $91,537.61 2 $46.2089 $3,696.71 $8,009.54 $96,114.49
3 $48.5193 $3,881.55 $8,410.02 $100,920.22
4 $50.9453 $4,075.62 $8,830.52 $105,966.23
5 $53.4926 $4,279.41 $9,272.05 $111,264.54
Position Step Hourly Biweekly Monthly Annually
Code Enforcement Officer 1 $32.8581 $2,628.65 $5,695.40 $68,344.79 2 $34.5010 $2,760.08 $5,980.17 $71,762.03
3 $36.2260 $2,898.08 $6,279.18 $75,350.14
4 $38.0373 $3,042.99 $6,593.14 $79,117.64
5 $39.9392 $3,195.14 $6,922.79 $83,073.52
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Cloverdale Classified Service Employees Association
Range Not Currently Established
25 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Community Services Officer 1 $28.0356 $2,242.85 $4,859.51 $58,314.06 2 $29.4374 $2,354.99 $5,102.48 $61,229.76
3 $30.9093 $2,472.74 $5,357.60 $64,291.25
4 $32.4547 $2,596.38 $5,625.48 $67,505.81
5 $34.0775 $2,726.20 $5,906.76 $70,881.10
Position Step Hourly Biweekly Monthly Annually
Engineering Technician 1 $30.4931 $2,439.45 $5,285.47 $63,425.63 2 $32.0177 $2,561.42 $5,549.74 $66,596.91
3 $33.6186 $2,689.49 $5,827.23 $69,926.75
4 $35.2996 $2,823.97 $6,118.59 $73,423.09
5 $37.0645 $2,965.16 $6,424.52 $77,094.25
Position Step Hourly Biweekly Monthly Annually
Office Specialist 1 $19.9948 $1,599.58 $3,465.77 $41,589.20 2 $20.9945 $1,679.56 $3,639.05 $43,668.66
3 $22.0443 $1,763.54 $3,821.01 $45,852.09
4 $23.1465 $1,851.72 $4,012.06 $48,144.70
5 $24.3038 $1,944.31 $4,212.66 $50,551.93
Position Step Hourly Biweekly Monthly Annually
Park & Landscape Maintenance Assistant 1 $31.6579 $2,532.63 $5,487.37 $65,848.48 2 $33.2408 $2,659.27 $5,761.74 $69,140.91
3 $34.9029 $2,792.23 $6,049.83 $72,597.95
4 $36.6480 $2,931.84 $6,352.32 $76,227.85
5 $38.4804 $3,078.43 $6,669.94 $80,039.24
Position Step Hourly Biweekly Monthly Annually
Parks & Maintenance Lead Worker 1 $36.5046 $2,920.37 $6,327.47 $75,929.62 2 $38.3299 $3,066.39 $6,643.84 $79,726.10
3 $40.2463 $3,219.71 $6,976.03 $83,712.40
4 $42.2587 $3,380.69 $7,324.84 $87,898.02
5 $44.3716 $3,549.73 $7,691.08 $92,292.92
Position Step Hourly Biweekly Monthly Annually
Planning Technician 1 $30.4930 $2,439.44 $5,285.45 $63,425.38 2 $32.0176 $2,561.41 $5,549.72 $66,596.64
3 $33.6185 $2,689.48 $5,827.21 $69,926.48
4 $35.2994 $2,823.95 $6,118.57 $73,422.80
5 $37.0644 $2,965.15 $6,424.50 $77,093.94
26 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Senior Engineering Technician 1 $35.0670 $2,805.36 $6,078.28 $72,939.38 2 $36.8204 $2,945.63 $6,382.20 $76,586.35
3 $38.6614 $3,092.91 $6,701.31 $80,415.67
4 $40.5944 $3,247.56 $7,036.37 $84,436.45
5 $42.6242 $3,409.93 $7,388.19 $88,658.28
Position Step Hourly Biweekly Monthly Annually
Senior Wastewater Treatment Plant Operator 1 $42.5191 $3,401.53 $7,369.97 $88,439.65 2 $44.6450 $3,571.60 $7,738.47 $92,861.63
3 $46.8773 $3,750.18 $8,125.39 $97,504.72
4 $49.2211 $3,937.69 $8,531.66 $102,379.95
5 $51.6822 $4,134.57 $8,958.25 $107,498.95
Position Step Hourly Biweekly Monthly Annually
Senior Water Treatment Plant Operator 1 $44.9536 $3,596.29 $7,791.96 $93,503.47 2 $47.2013 $3,776.10 $8,181.55 $98,178.64
3 $49.5613 $3,964.91 $8,590.63 $103,087.57
4 $52.0394 $4,163.15 $9,020.16 $108,241.95
5 $54.6414 $4,371.31 $9,471.17 $113,654.05
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Crew Leader 1 $34.7662 $2,781.30 $6,026.15 $72,313.79 2 $36.5046 $2,920.36 $6,327.46 $75,929.48
3 $38.3298 $3,066.38 $6,643.83 $79,725.96
4 $40.2463 $3,219.70 $6,976.02 $83,712.26
5 $42.2586 $3,380.69 $7,324.82 $87,897.87
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Worker I (Public Works) 1 $26.0534 $2,084.27 $4,515.92 $54,191.09 2 $27.3561 $2,188.49 $4,741.72 $56,900.64
3 $28.7239 $2,297.91 $4,978.81 $59,745.67
4 $30.1601 $2,412.81 $5,227.75 $62,732.96
5 $31.6681 $2,533.45 $5,489.13 $65,869.61
Position Step Hourly Biweekly Monthly Annually
Utility Maintenance Worker II (Public Works) 1 $31.6579 $2,532.63 $5,487.37 $65,848.48 2 $33.2408 $2,659.27 $5,761.74 $69,140.91
3 $34.9029 $2,792.23 $6,049.83 $72,597.95
4 $36.6480 $2,931.84 $6,352.32 $76,227.85
5 $38.4804 $3,078.43 $6,669.94 $80,039.24
27 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Cloverdale Classified Service Employees Association
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator-In-Training
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator I 1 $30.5887 $2,447.10 $5,302.05 $63,624.58 2 $32.1182 $2,569.45 $5,567.15 $66,805.81
3 $33.7241 $2,697.93 $5,845.51 $70,146.10
4 $35.4103 $2,832.82 $6,137.78 $73,653.41
5 $37.1808 $2,974.46 $6,444.67 $77,336.08
Position Step Hourly Biweekly Monthly Annually
Wastewater Treatment Plant Operator II
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator-In-Training 1 $30.0523 $2,404.18 $5,209.06 $62,508.73 2 $31.5549 $2,524.39 $5,469.51 $65,634.16
3 $33.1326 $2,650.61 $5,742.99 $68,915.87
4 $34.7893 $2,783.14 $6,030.14 $72,361.66
5 $36.5287 $2,922.30 $6,331.65 $75,979.75
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator I
Position Step Hourly Biweekly Monthly Annually
Water Treatment Plant Operator II 1 $40.1086 $3,208.69 $6,952.17 $83,425.99 2 $42.1141 $3,369.13 $7,299.77 $87,597.29
3 $44.2198 $3,537.58 $7,664.76 $91,977.15
4 $46.4308 $3,714.46 $8,048.00 $96,576.01
5 $48.7523 $3,900.18 $8,450.40 $101,404.81
Range Not Currently Established
Range Not Currently Established
Range Not Currently Established
28 Position Step Hourly Biweekly Monthly Annually
Dispatcher 1 $29.0239 $2,321.91 $5,030.80 $60,369.62
2 $30.4751 $2,438.00 $5,282.34 $63,388.11
3 $31.9988 $2,559.90 $5,546.46 $66,557.51
4 $33.5987 $2,687.90 $5,823.78 $69,885.39
5 $35.2787 $2,822.29 $6,114.97 $73,379.66
Position Step Hourly Biweekly Monthly Annually
Dispatch Supervisor 1 $33.3380 $2,667.04 $5,778.59 $69,343.09 2 $35.0049 $2,800.39 $6,067.52 $72,810.25
3 $36.7552 $2,940.41 $6,370.90 $76,450.76
4 $38.5929 $3,087.43 $6,689.44 $80,273.30
5 $40.5226 $3,241.81 $7,023.91 $84,286.96
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Cloverdale Dispatchers' Association
29 Position Step Hourly Biweekly Monthly Annually
Finance & HR Analyst 1 $42.5213 $3,401.71 $7,370.37 $88,444.39 2 $44.6474 $3,571.79 $7,738.88 $92,866.61
3 $46.8798 $3,750.38 $8,125.83 $97,509.94
4 $49.2238 $3,937.90 $8,532.12 $102,385.43
5 $51.6850 $4,134.80 $8,958.73 $107,504.71
Position Step Hourly Biweekly Monthly Annually
Parks Superintendent 1 $42.2691 $3,381.53 $7,326.64 $87,919.66 2 $44.3825 $3,550.60 $7,692.97 $92,315.64
3 $46.6016 $3,728.13 $8,077.62 $96,931.43
4 $48.9317 $3,914.54 $8,481.50 $101,778.00
5 $51.3783 $4,110.27 $8,905.57 $106,866.90
Position Step Hourly Biweekly Monthly Annually
Police Lieutenant 1 $54.2895 $4,343.16 $9,410.18 $112,922.18 2 $57.0040 $4,560.32 $9,880.69 $118,568.29
3 $59.8542 $4,788.33 $10,374.72 $124,496.70
4 $62.8469 $5,027.75 $10,893.46 $130,721.53
5 $65.9892 $5,279.14 $11,438.13 $137,257.61
Position Step Hourly Biweekly Monthly Annually
Police Records Technician 1 $35.1141 $2,809.13 $6,086.44 $73,037.34 2 $36.8698 $2,949.58 $6,390.77 $76,689.21
3 $38.7133 $3,097.06 $6,710.31 $80,523.67
4 $40.6490 $3,251.92 $7,045.82 $84,549.85
5 $42.6814 $3,414.51 $7,398.11 $88,777.34
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Unaffiliated Employees
30 By Employment Contract
Longevity 5%
Acting Pay 10%
Cloverdale Police Officers' Association (POA)
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Canine Officer 5%
Education 1% - 6%
EMT $50/month
Field Training Officer 5%
Investigative Pay 5%
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Certificate $150/month
POST Intermediate Certificate $100/month
School Resource Officer* 5%
Shift Differential* 5%
Uniform Allowance $1500/year
Cloverdale Dispatchers' Association
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Communications Training Officer 5%
Education 1% - 6%
EMT $50/month
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Certificate* $250/month
POST Intermediate Certificate* $150/month
Shift Differential* 5%
Uniform Allowance $1025/year
Cloverdale Classified Service Employees Association
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Certification Pay See Attachment A
Class B Drivers License 2%
Education - Academic Degrees ** 2% - 6%
Education - Academic Degrees *** 2%
Longevity 2% - 8%
Out of Class Pay 5%
Uniform Allowance (Community Services Officer) $1375/year Amount/Percentage
CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Pensionable Incentive Pays by Unit
Amount/Percentage
Amount/Percentage
Amount/Percentage
* New or Updated Incentive Pay
**Employees hired on or before June 30,2017
**Employees hired after June 30,2017
31 CITY OF CLOVERDALE - SALARY SCHEDULE AS OF JULY 1, 2022 Pensionable Incentive Pays by Unit
Unaffiliated
Bilingual - Conversational $150/month
Bilingual - Advanced $300/month
Education - Academic Degrees ** 2% - 6%
Education - Academic Degrees *** 2%
Education - Certificates $75 or $150/month
Longevity 2% - 8%
Out of Class Pay 5%
POST Advanced Dispatch Certificate $150/month
POST Dispatch Supervisor Certificate $150/month
POST Intermediate Dispatch Certificate $100/month
POST Management Certificate $250/month
POST Records Supervisor Certificate $150/month
Uniform Allowance (Police Lieutenant) $1500/year
Uniform Allowance (Police Technical Services Manager) $1025/year Water Distributions License Grade II* $50/mth
Amount/Percentage
* New or Updated Incentive Pay
**Employees hired on or before June 30,2017
**Employees hired after June 30,2017
32 Exhibit A - Cloverdale Classified Employee Association Monthly Pay Incentives for Certificate Series as of October 18, 2021 CERTIFICATIONS:

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

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

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

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

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

SR
Engineering
Technician
All Classified
Employees per
MOU
Wastewater
Treatment
Plant
Operator I
Wastewater
Treatment
Plant
Operator II
Senior
Wastewater
Treatment Plant
Operator
Parks &
Landscape
Assistant
Parks &
Landscape Lead
Worker
Engineering
Technician
Senior Water
Treatment Plant
Operator
POSITION:

Utility
Maintenance
Worker I
Utility
Maintenance
Worker II
Water Treatment
Plant Operator I
Water Treatment
Plant Operator II
33 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

E.4
October 12, 2022
Agenda Section:

Consent
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title:

Budget Amendment for Adopted Cost of Living Adjustments and $2,000 One-time Bonus ________________________________________________________________________________________ Recommended Council Action(s):

Adopt Resolution titled, “A Resolution of the City Council of the City of Cloverdale approving a budget amendment to the FY 2022-23 budget in the amount of $325,455 for salary and employee benefits expenses associated with the approval of memorandum of understandings with the Cloverdale Police Officers Association (CPOA), Cloverdale Dispatch Association (CDA), Cloverdale Classified Employees’ Association (CCSEA), a compensation plan with the unaffiliated employees, and, amended employment agreements with Senior staff.”
________________________________________________________________________________________ Background:

The City of Cloverdale entered into labor negotiations with the City’s represented labor groups including the Cloverdale Police Officers Association (CPOA), Cloverdale Dispatch Association (CDA) and the Cloverdale Classified Employees’ Association (CCSEA) during the prior fiscal year. City staff began the process of preparing to negotiate successor MOUs with CPOA, CDA and CCSEA in January 2022 as the previous negotiated two-year memorandum of understandings (MOUs) were reaching the end of their effective dates of July 1, 2019 to June 30, 2022. On June 8, 2022, City Council approved the FY 2019-20 Budget. __________________________________________________________________________________ Summary:

The City of Cloverdale negotiated in good faith with the CPOA, CDA and CCSEA, and agreed upon a set of terms that were incorporated into a successor MOUs approved by the City Council. As part of the review and update of the existing MOUs with the recognized labor groups, the City’s Labor Negotiation Team reviewed the Compensation Plan for the Unaffiliated Employees for both compensation adjustments and clean-up as needed to ensure the accuracy of the Compensation Plan and to ensure that the Compensation Plan for Unaffiliated Employees was consistent with the overall vision and goals set by the City council and to adjust salary and benefits commensurate with the City’s long term strategic, financial and budgeting goals. Finally, the City Council at the recommendation of the City Attorney considered adjustment of compensation for Senior staff commensurate with the adjustment for the employment groups to ensure internal parity among all of the City ‘s employees.

The City Council took the following actions to adjust compensation of City staff:

1. On September 14, 2022, the City Council approved a resolution approving a Memorandum of Understanding with the Cloverdale Dispatch Association (CDA) which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus.

2. On September 14, 2022, the City Council approved a resolution approving the Compensation Plan with the Unaffiliated Employees, which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus.
34 City Council/Successor Agency Agenda Item Summary
October 12, 2022
Item No. E.4

Page 2 of 2 ends

3. On September 14, 2022, the City Council approved a resolution amending the salaries of the City Manager, Assistant City Manager/Community Development Director, Chief of Police, Finance Director, Public Works Director, and City Clerk retroactive to July 1st, 2022, and a one-time $2,000 bonus.

4. On September 14, 2022, the City Council approved a resolution approving the Compensation Plan with the Unaffiliated Employees, which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus.

5. On September 28, 2022, the City Council approved a resolution approving a Memorandum of Understanding with the Cloverdale Police Officers’ Association (CPOA), which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus.

6. On September 28, 2022, the City Council approved a resolution approving a Memorandum of Understanding with the Cloverdale Classified Service Employees’ (CSEA), which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus.

The additional compensation costs reflected in the successor MOUs negotiated with the represented labor groups as well as the additional compensation costs for the employees in the unaffiliated employees and Senor staff were not included in the FY 2022-23 budget as they were not known at the time of adoption of the budget. In order to allocate funding in the FY 2022-23 budget to cover the additional compensation costs associated with the adoption of the successor MOUs and associated compensation plans, a budget amendment is required.
________________________________________________________________________________________ Options:

N/A
________________________________________________________________________________________ Subcommittee Recommendation:

None
________________________________________________________________________________________ Budget/Financial Impact:

1. General Fund reserves in the amount of $209,108 will be used, (Misc. Payroll Accounts) effectively reducing the Unassigned General Fund balance to $1,472,083; 13.4%

2. Water Enterprise Fund reserves in the amount of $55,137 will be used, (Misc. Payroll Accounts) effectively reducing the Water Enterprise Fund balance to $2,127,511; 54.85%

3. Sewer Enterprise Fund reserves in the amount of $43,200 will be used, (Misc. Payroll Accounts) effectively reducing the Sewer Enterprise Fund balance to $2,001,146; 76.2%

4. Airport Fund will have an increase in expenses of $557 (Misc. Payroll Accounts)

5. Other Government funds will have an increase in expenses of $17,452 (Misc. Payroll Accounts) ________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - Budget Amendment Form
35 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT TO THE FY 2022-23 BUDGET IN THE AMOUNT OF $325,455 FOR SALARY AND

EMPLOYEE BENEFITS EXPENSES ASSOCIATED WITH THE APPROVAL OF MEMORANDUM OF

UNDERSTANDINGS WITH THE CLOVERDALE POLICE OFFICERS ASSOCIATION, CLOVERDALE DISPATCH ASSOCIATION, CLOVERDALE CLASSIFIED EMPLOYEES’ ASSOCIATION, A COMPENSATION

PLAN WITH THE UNAFFILIATED EMPLOYEES, AND AMENDED EMPLOYMENT AGREEMENTS WITH

SENIOR STAFF
WHEREAS, the City Council approved the FY 2022-23 Budget on June 8, 2022; and WHEREAS, On September 14, 2022, the City Council approved a resolution approving a Memorandum of Understanding with the Cloverdale Dispatch Association (CDA) which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus; and WHEREAS, On September 14, 2022, the City Council approved a resolution approving the Compensation Plan with the Unaffiliated Employees, which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus; and
WHEREAS, On September 14, 2022, the City Council approved a resolution amending the salaries of the City Manager, Assistant City Manager/Community Development Director, Chief of Police, Finance Director, Public Works Director, and City Clerk retroactive to July 1st, 2022, and a one-time $2,000 bonus; and
WHEREAS, On September 14, 2022, the City Council approved a resolution approving the Compensation Plan with the Unaffiliated Employees, which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus; and
WHEREAS, On September 28, 2022, the City Council approved a resolution approving a Memorandum of Understanding with the Cloverdale Police Officers’ Association (CPOA), which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus; and WHEREAS, On September 28, 2022, the City Council approved a resolution approving a Memorandum of Understanding with the Cloverdale Classified Service Employees’ (CSEA), which included at 5% Cost of Living Increase retroactive to July 1st, 2022, and a one-time $2,000 bonus; and WHEREAS, the cost of salaries and benefits has increased which will require an amendment to the City of Cloverdale FY 2022-23 budget identified in Exhibit A – Budget Amendment Form in the amount of $325,455 (General Fund, $209,108), (Water Enterprise Fund $55,137), (Sewer Enterprise Fund $43,200), (Airport Fund $557), (Other Government Funds ($17,453); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a budget amendment to the FY 2022-23 budget in the amount of $325,455 for salary and employee benefits expenses associated with the approval of memorandum of understandings with the Cloverdale Police 36 Officers Association, Cloverdale Dispatch Association, Cloverdale Classified Employees’ Association, a compensation plan with the unaffiliated employees, and amended employment agreements with Senior staff.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 12th day of October 2022, by the following roll call vote:

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

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Michael Maloney, City Clerk
Attachment:

Exhibit A – Budget Amendment Form
37 Budget Amendment Form

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount

REVENUE TOTAL -

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
100 209,108
205-237 17,453
600 55,137
630 43,200
670 557
EXPENDITURE TOTAL 325,455

PURPOSE
Date Date
Date Entered by Date
Misc - Payroll
Misc - Payroll
Misc - Payroll
Misc - Payroll
Misc - Payroll
Cost of Living Increases and $2,000 for full-time staff retro to July 1, 2022 City Manager
Sewer
Water
Other Govt
Department Head Finance Director
Date Prepared
October 3, 2022
Account Description Account No.

Finance Director
Account No.

General Fund
Requesting Department
Account Description
Airport
Prepared By
Susie Holmes
X:\Agenda Development\COUNCIL\2022 REPORTS\10-12-2022\B. Consent\E4 Budget Amendment - Salary & Benefits\Attachment 2 - Exhibit A 38 City Council
Agenda Item Summary
Agenda Item:

Meeting Date:

E.5
October 12, 2022
Agenda Section
Consent
Staff Contact
David Kelley, City Manager
Vanessa Apodaca, Interim City Engineer/Public Works Director Agenda Item Title
Annual Maintenance Services Agreement with Miksis Services, Inc. to Provide Sewer Maintenance and Rehabilitation
Recommended Council Action
Adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale approving a new Annual Maintenance Services Agreement with Miksis Services, Inc. to provide sewer maintenance/rehabilitation in an amount not to exceed $185,662.00 and authorizing the City Manager to execute said agreement.” Background
As part of the City’s annual infrastructure management, the City rehabilitates existing sewer mains with a thermal plastic liner. Thermal plastic liner extends the useful life of a deteriorated pipeline and prevents infiltration of groundwater. The installation of thermal plastic liner is a highly specialized process and there are few contractors with the equipment and expertise to perform this work.

Miksis Services, Inc. (MSI) is the only contractor in this region that provides this lining service and has prepared the attached quotation for City Council reference. City staff have reviewed the quotation and found it in conformance with Cloverdale Municipal Code Purchasing Ordinance Chapter 3.08 et seq. and other applicable law. City Staff recommend executing an agreement with MSI to install thermal plastic liner at the locations listed in the quotation.

Summary
The Project scope consists of lining existing sewer mains at various locations, trim back protruding laterals, providing traffic controls, and by-pass pumping when needed. All work will be performed during the current fiscal year (fy 2022-23). MSI is licensed to perform this work, insured in accordance with City requirements and will perform the work at prevailing wage rates.

Table 1 - MSI Scope of Work
Task No. Location Work Description Cost
1 Hillside Drive 5 lateral reinstatements $ 33,555.00
2 School Street 4 lateral reinstatements $ 22,705.00
3 School Street 4 lateral reinstatements $ 16,510.00
4 University Ct. 3 lateral reinstatements $ 10,360.00
5 North Jefferson 4 lateral reinstatements $ 41,337.00
6 Josephine point repair $ 3,600.00
7 School Street 3 lateral reinstatements $ 15,520.00
8 Hillside Drive 4 lateral reinstatements $ 20,725.00
9 Charles Street 6 lateral reinstatements $ 21,350.00
Total Cost: $ 185,662.00
City Staff have prepared a Maintenance Service Agreement. Staff recommends that the City Council approve an agreement with Miksis in the amount of $185,662.00, authorize a project budget of up to $200,000.00 and authorize the City Manager to execute the agreement and approve any changes orders up 39 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 12, 2022
Item No. E.5

Page 2 of 2 ends

to the approved project budget.

Alternative Options

1. Reject Resolution

2. Provide other direction to Staff.

Budget/Financial Impact
Based on the quotation received from Miksis Services, the following is the recommended overall budget for this project:

Construction $185,662.00
Construction Contingency (10%) $14, 338.00
Total Estimated Construction Budget $200,000.00
This project is funded by the Sewer Fund 630, 49130 Construction.

Subcommittee Recommendation
None
Attachments:

1. Resolution

2. Exhibit A - Miksis Services quotation
40 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. 0XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A NEW ANNUAL MAINTENANCE SERVICES AGREEMENT WITH MIKSIS SERVICES, INC. TO PROVIDE SEWER MAINTENANCE/REHABILITATION IN AN AMOUNT NOT TO EXCEED $185,662.00 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, as part of infrastructure management, the City’s sewer collection system is periodically rehabilitated with a thermoplastic liner; and
WHEREAS, a scope of services was established for the Liner Installation for Sewer Pipeline Project (“Project”) was completed and a bid solicitation for specialized work was issued in accordance with the Cloverdale Municipal Code Purchasing Ordinance Chapter 3.08 et seq. and other applicable laws; and
WHEREAS, Miksis Services, is the only contractor in the region that provides pipe lining services and has provided a quotation in the amount of $185,662.000; and WHEREAS, staff has determined that the Miksis Services’ bid satisfies the bidding requirements for the Project; and
WHEREAS, Miksis Services is licensed and qualified to perform the Project; and WHEREAS, the Project has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the California Code of Regulations as it consists of the replacement of existing facilities and involves negligible or no expansion of existing use.

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

1. The Project is categorically exempt under CEQA in accordance with Section 15301(c) of Title 14 of the California Code of Regulations.

2. Miksis Services, Inc. is the lowest responsive bidder for the Project in accordance with the Cloverdale Municipal Code Purchasing Ordinance Chapter 3.08 et seq. and the City Council of the City of Cloverdale waives any irregularities in such bid in accordance with applicable law.

3. The contract for the Project is hereby awarded to Miksis Services in the amount of $185,662.00, conditioned on Miksis Services’ timely executing the Project contract and submitting all required documents, including, but not limited to, executed bonds/surety, certificates of insurance, and endorsements, in accordance with the Project documents.

4. The City Manager is hereby authorized and directed to execute the agreement upon submission, by Miksis Services, all documents required pursuant to the Project bid documents for performance of the Project.
41 2

5. Establish the overall budget for the Project at $185,662.00.

6. The City Manager or his designee can execute any change orders in accordance with project documents so long as the total project cost does not exceed the overall budget of $185,662.00.

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 12th day of October, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED ATTEST:
_________________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
42 Quote 3125 A
dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
www.unplugu.com
Contractor’s License 544530, A, C-36, Haz, D6, D12
P a g e 1 | 2
September 22, 2022
Jay Robinson
City of Cloverdale
Waste Water Treatment Plant
PO Box 217
Cloverdale, CA 95425
(707) 894-1719
[email protected]
Jobsite: Various Locations
Scope of work: Sanitary Sewer Pipeline Rehab
Miksis Services, Inc. (MSI) proposes to clean, excavate as needed, install point repairs as needed, line with Dynaliner PVC Thermoform pipe liner and reinstate laterals in various locations.

1. Hillside Drive (545 X Kerry Lane) 8” X 241’, 5 lateral reinstatements, dig up to repair offset at lateral – 128’ location line with Dynaliner PVC Thermoform pipe liner Material, Equipment, Labor $33,555.00

2. School Street (1 X 2) 6” X 150’ 4 lateral reinstatements dig up to repair offset at 144’ location, Robotic Reinstatement cutter to remove protruding tap and roots, line with Dynaliner Thermoform PVC pipe liner
Material, Equipment, Labor $22,705.00

3. School Street (2 X Cloverdale Blvd.) 6” X 143’ 4 lateral reinstatements, install point repair on void at 104, Robotic cutter to remove protruding tap at 28.8’ line with Dynaliner Thermoform PVC pipe liner
Material, Equipment, Labor $16,510.00

4. University Ct. (225 X University) 6” X 133’ 3 lateral reinstatements, line with Dynaliner Thermoform PVC pipe liner
Material, Equipment, Labor $10,360.00
43 Quote 3125 A
dba Rapid Rooter
P.O. Box 591-I, Healdsburg, CA 95448-0590
1-888-UNPLUGU (707) 433-8053 FAX (707) 433-8085
www.unplugu.com
Contractor’s License 544530, A, C-36, Haz, D6, D12
P a g e 2 | 2

5. North Jefferson (415 X W. 4th) 6” X 233’ & 8” X 102’, 4 lateral reinstatements, dig up 6” X 8” transition to line both directions, Robotic cutter to remove roots, line 2 different directions from open cut in roadway using Dynaliner PVC Thermoform pipe liner Material, Equipment, Labor $41,337.00

6. Josephine install point repair at 148’ of 6” main
Material, Equipment, Labor $3,600.00

7. School Street (Hillside to Charles) 8” X 155’ 3 lateral reinstatements line using Dynaliner PVC Thermoform pipe liner
Material, Equipment, Labor $15,520.00

8. Hillside Drive (Kerry – 501) 8” X 207’ 4 lateral reinstatements line with Dynaliner PVC Thermoform pipe liner
Material, Equipment, Labor $20,725.00

9. Charles Street (School – Haehl) 6” X 275’ 6 lateral reinstatements line using Dynaliner PVC Thermoform pipe liner
Material, Equipment, Labor $21,350.00
Conditions and Assumptions:
 MSI will be allowed unlimited and uninterrupted access to the jobsite.  Costs associated with permit(s), bond(s), and license(s) are excluded.  Any changes, modifications or additions to this scope of work will require a change order.  This job is bid at a prevailing wage.

Thank you for the opportunity to present our proposal for this project. Please contact us if you have any questions or comments. This quote will remain valid for 30 days.

Gary Miksis
President
Miksis Services, Inc.

Authorized Signature for Bid Acceptance Date
44 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

E.6
Oct. 12, 2022
Agenda Section
Consent
Staff Contact
Vanessa Apodaca, Interim City Engineer/Public Works Director Agenda Item Title:

Budget Amendment to incorporate expenditures and Authorizing West Yost & Associates, Inc. to prepare a Recycled Water Feasibility Study and Planning Grant Application Recommended Council Action:

The City of Cloverdale is interested in exploring the feasibility of implementing wastewater recycling within the City. Recycled water can be used for non-potable water uses such as landscape irrigation, decorative landscape features, construction uses, and toilet flushing. Using recycled water will offset demand on limited drinking water supplies. Grants are available from the State Water Resources Control Board for preparation of a recycled water feasibility study. Grant awards of up $150,000 with a 50 percent local match are available.

Key tasks included in the preparation of a Recycled Water Feasibility Study and the planning grant application:

1. Prepare a draft and final planning grant application for the Recycled Water Feasibility Study and submit application to the State Water Resources Control Board.

2. Conduct a recycled water market assessment to identify potential customers and estimate recycled water demand.

3. Identify distribution system alignment alternatives and prepare an estimate of costs.

4. Identify required treatment facilities for recycled water production and prepare an estimate of costs.

5. Conduct workshops with City staff at key milestones.

6. Develop a financing plan to identify potential funding sources for construction and for operation and maintenance.

7. Conduct a project alternative analysis.

8. Engage key community stakeholder groups to present the project and key findings.

9. Prepare draft Feasibility Study and submit electronically for City staff review

10. Prepare final Feasibility Study and submit electronically for City staff review.

The attached resolution authorizes West Yost & Associates, Inc. to prepare a Recycled Water Feasibility Study and Planning Grant Application and authorizes the City Manager to enter into an agreement with West Yost for the work.

City staff submitted a Better Together Nature Positive Innovation Grant Application on September 30, 2022 for $100,000, which if successful, could provide up to $100,000 to serve as the local match for the Recycled Water Feasibility Study Planning Grant. If both grant applications are successful, the bulk of the Recycled Water Feasibility Study will be paid for through grant funding. Funds to prepare the Planning Grant application and remaining funds necessary to complete the Recycled Water Feasibility Study (if any) would be paid through water impact fees. If one or both grant applications are unsuccessful, costs to fund the Recycled Water Feasibility Study would be paid for through water impact fees.

45 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 12, 2022
Item No. E.6

Page 2 of 2 ends

Alternative Options:

1. Reject recommended resolution.

2. Provide alternative direction to staff.

Budget/Financial Impact:

The proposal for the preparation of a Recycled Water Feasibility Study and Planning Grant Application is $215,500 which would come from water impact fees unless one or more grant applications are successful.

Subcommittee Recommendation:

The proposal for preparing a Recycled Water Feasibility Study and Planning Grant Application was discussed and reviewed during the Public Works Subcommittee meeting on September 27th with a recommendation that the proposal be brought to City Council for approval.

Attachments:

1. Resolution

2. Exhibit A - Engineering Proposal
46

Page 1 of 2 ends

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____–2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT APPROPRIATING FUNDING AND AUTHORIZING WEST YOST & ASSOCIATES, INC. TO

PREPARE A RECYCLED WATER FEASIBILITY STUDY AND PLANNING GRANT APPLICATION WHEREAS, the City desires to maximize the beneficial use of City water resources; and WHEREAS, the City produces secondary effluent at its wastewater treatment plant and discharges the water to on-site percolation ponds; and
WHEREAS, the City’s wastewater can be further treated to meet the State of California’s tertiary recycled water requirements; and
WHEREAS, tertiary recycled water is approved by the State for use in several non-potable applications and can offset the use of limited drinking water supplies; and
WHEREAS, the State Water Resources Control Board provides match grants of up to $150,000 for preparation of a recycled water feasibility study; and
WHEREAS, City Staff requested, and West Yost provided a proposal setting forth the scope of services for preparation of a recycled water feasibility study and planning grant application; and WHEREAS, West Yost’s proposal for professional services is for a not to exceed total of $215,500; and WHEREAS, City Staff is requesting the ability to execute contract amendments up to 20% of the contract amount to address any unforeseen professional services that may be needed; and WHEREAS, A budget amendment is needed to appropriate funding for the Recycled Water Feasibility Study and Planning Grant Application.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby appoint West Yost to prepare a Recycled Water Feasibility Study and Planning Grant application and authorizes the City Manager to enter into an agreement with West Yost for the work including approving contract amendments totaling no more than 20% of the contract amount; and
NOW, THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of Cloverdale does hereby amend the budget to appropriate funding for the Recycled Water Feasibility Study and Planning Grant Application for an amount up to $258,000.
47

Page 2 of 2 ends

It is hereby certified that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on this 12th day of October 2022, by the following Roll Call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Michael Maloney, City Clerk
Attachment – West Yost & Associates, Inc. Scope of Work 48 6800 Koll Center Parkway
Suite 150
Pleasanton CA 94566
925.426.2580 phone
530.756.5991 fax
westyost.com
September 28, 2022 SENT VIA: EMAIL
Mr. David Kelley
City Manager
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
SUBJECT: Proposal for Engineering Services for the City of Cloverdale to Prepare a Recycled Water Feasibility Study and Planning Grant Application
Dear Mr. Kelley:

The purpose of this letter proposal is to provide the City of Cloverdale (City) with a proposal for preparation of a Recycled Water Feasibility Study (Study) and a Planning Grant Application.

BACKGROUND
The City is interested in preparing a Feasibility Study to evaluate the potential for implementation of a recycled water project. The City owns and operates a wastewater treatment plant (WWTP) that produces disinfected secondary wastewater and discharges treated wastewater to percolation ponds located adjacent to the Russian River. The City is interested in recycling its wastewater to beneficially reuse the water locally and to provide a new water supply that will offset demands on the City’s potable water supply. To maximize the opportunities for recycled water use within the City, the City would need to add treatment facilities to produce recycled water that meets the State’s requirements for disinfected tertiary recycled water (referred to in this proposal as recycled water). Possible recycled water use within the City includes: landscape irrigation, agricultural irrigation, construction use, fill stations, and other uses as approved in the State’s Title 22 regulations.

The City’s WWTP is permitted for operations and discharge under the State Water Resources Control Board’s North Coast Regional Water Quality Control Board (Regional Water Board) NPDES No. CA0022977.

Treatment facilities include a headworks facility, aeration, and settling ponds prior to chlorine disinfection and discharge to on-site percolation ponds. The Regional Water Board has notified the City that in the future (perhaps within 10 years) the WWTP may be required in increase its level of treatment. Any recycled water planning work should consider future treatment needs and WWTP improvements to provide strategic and cost-effective solutions.

State and federal agencies are investing in projects that expand water supply resources and help to build reliable, sustainable water projects, including recycled water. Planning grants from the State Water Resources Control Board (SWRCB) are available to support the preparation of recycled water feasibility studies. Planning grants are available at up to 50 percent of the total planning cost up to a maximum grant amount that is approved annually by the SWRCB with adoption of the state fiscal year Intended Use Plan 49 Mr. David Kelley
September 28, 2022

Page 2 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study (IUP). Most recently, the maximum allowable grant award was up to $150,000. The 2022/23 draft IUP which is pending approval, proposes a maximum grant award of $500,000. A fifty percent local match is required for grants.

Feasibility studies funded by the SWRCB should adhere to the SWRCB’s Water Recycling Funding Program Guidelines recommended report outline, as follows:
• Project area
• Water supply characteristics and facilities
• Wastewater characteristics and facilities
• Treatment objectives for discharge and reuse
• Recycled water market
• Construction financing plan and revenue program
• Project alternative analysis
• Recommended project
• Appendices
This Study will be prepared to serve as the City’s backbone document in applying for a SWRCB planning grant and in positioning for future state and federal grant and low interest loan opportunities if the City chooses to move forward with a recycled water project. Other federal funding programs, like the Federal Bureau of Reclamation’s (BOR’s) Title XVI program, may require additional elements to supplement the Feasibility Study Report to meet their Feasibility Study Report requirements. The specific efforts required will depend on what federal funding sources are identified as viable options for the City and the requirements of those programs. Applying for construction grants is not included with this proposal, however, West Yost is available to provide assistance as needed.

This proposal assumes that the City will apply for a planning grant for development and preparation of the Feasibility Study. This scope includes assistance in preparing the application for the planning grant. West Yost will fast track the preparation of the planning grant application. The SWRCB will not retroactively fund costs incurred prior to an eligibility date to be established in their funding agreement. Therefore, the Feasibility Study effort will not begin until the City receives a funding agreement. Typically, it can take between 6-8 months for the SWRCB to issue an agreement for planning grants. Preparation of a planning grant is not eligible for reimbursement from the grant program. The scope and schedule reflect a pause in the proposed work effort to allow for execution of the grant agreement.

SCOPE OF SERVICES
The scope of services for this project includes the following tasks:
• Task 1. Project Management and Kick-off Meeting
• Task 2. Planning Grant Application
• Task 3. Recycled Water Market Assessment
• Task 4. Distribution System Analysis
• Task 5. Recycled Water Treatment Facilities
• Task 6. Construction Financing Plan and Revenue Program 50 Mr. David Kelley
September 28, 2022

Page 3 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study • Task 7. Recycled Water Feasibility Study
• Task 8. Stakeholder Engagement
Task 1. Project Management and Kick-off Meeting
Task 1.1 Project Management
West Yost will perform project management duties including coordination with the City’s Project Manager review of project schedule and budget, and preparation of monthly work summary reports. The project manager will coordinate with West Yost project team so that the project work is progressing in accordance with the scope, schedule, and budget, West Yost’s Quality Assurance/Quality Control (QA/QC) policy requires all work products to be reviewed at the principal level prior to submittal to the City, QA/QC of work products is included with each task.

Task 1.2 Project Kick-off Meeting
Upon receiving Notice to Proceed, West Yost will coordinate and participate in a project kick-off meeting with the City’s project team. Prior to the meeting, West Yost will distribute a list of information that will be reviewed and requested with the City during the meeting.

The main purpose of the kick-off meeting will be to discuss:
• The SWRCB’s planning loan application,
• Preparation of the Recycled Water Feasibility Study,
• Review the West Yost information request, and
• Detailed schedule for the preparation of the Recycled Water Feasibility Study.

Task 1 Assumptions
• West Yost Project Manager will meet with the City’s Project Manager once per month to discuss project progress, schedule and budget.

Task 1 Deliverables
• West Yost will prepare the kick-off meeting summary notes. • West Yost provide monthly invoices including a summary of work completed during the invoice period.

Task 2. Planning Grant Application
West Yost will prepare the City’s planning grant application. To initiate the application process, West Yost will prepare a list of information needed from the City to complete the application. This list will be reviewed with the City during the Project Kick-off meeting.

The planning grant application consists of the following components:
• Completion of a six-page application
• Application attachments
— Plan of Study that addresses the fourteen areas specified in the application — Authorizing Resolution/Ordinance
51 Mr. David Kelley
September 28, 2022

Page 4 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study — Certification for Compliance with Water Metering
— Water Conservation and Water Management Certification Form — Relevant Service, Management, Operating, or Joint Powers Agreements West Yost will prepare a draft of the grant application and attachments for City review and comment.

West Yost will incorporate City review comments into the final application. West Yost will submit the final application to the SWRCB’s Division of Financial Assistance on behalf of the City using the SWRCB’s Financial Assistance Application Submittal Tool (FAAST) electronic submittal system, West Yost will coordinate with the SWRCB staff on the City’s behalf to facilitate application review and receive questions that may arise during the application review process. West Yost will coordinate with the City as needed to prepare responses to inquiries from the SWRCB.

Task 2 Assumptions
• The City will provide supporting information for grant application as identified by West Yost during the project kick-off meeting.
• The City will be responsible for providing the Council approved Authorized Resolution/Ordinance.

With the exception of the planning grant application, this task does not include preparation of funding applications.

Task 2 Deliverables
• West Yost will prepare the draft application and attachments (electronic copy only). • West Yost will prepare the final application and attachments (electronic copy only).

Task 3. Recycled Water Demand Assessment
West Yost will conduct a recycled water demand assessment to identify potential recycled water use sites and estimate demands. The assessment will focus on first identifying potential existing and future sites in the vicinity of the proposed recycled water storage and pumping facilities and then expanding into adjacent areas within City limits. The assessment will focus on potential agricultural sites that may be interested in recycled water, existing large landscape areas that can be converted to recycled water irrigation and landscaping of future planned development. Additional potential industrial recycled water uses, such as cooling tower use, will also be identified.

In coordination with the City, West Yost will conduct phone meetings with potential recycled water customers to gage interest in recycled water use and will meet with potential customers to discuss recycled water interest. This scope includes budget for meeting in-person with multiple potential customers over two days.

The steps to complete this task include:
• Identify and map (using GIS) potential customers by confirming existing irrigation customers in the project area, reviewing the City’s planned development for the project area, and reviewing satellite images using Google maps
• In coordination with the City, identify potential agricultural users • Review customer water use data and irrigation meter data from three years (2019-2021) for sites identified in this task
• Develop estimated outdoor water use for planned development • Estimate average recycled water demands for other uses that are identified (as appropriate) • Calculate peak delivery requirements
52 Mr. David Kelley
September 28, 2022

Page 5 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study West Yost will present and discuss the methodology and results of the assessment in a workshop with the City (Workshop #1).

Task 3 Assumptions
• City will provide historical daily irrigation meter use data for sites located in the project area. • City will provide GIS file showing location of existing potable water irrigation accounts in the project area.
• City will provide estimated irrigated acreages in planned development within the study area.

Task 3 Deliverables
• West Yost will provide maps and tables describing the identified water demands. • West Yost will prepare an agenda and Power Point presentation for recycled water demand assessment workshop.
• West Yost will prepare notes from recycled water demand assessment workshop.

Task 4. Distribution System Analysis
West Yost will identify a phased conceptual distribution system alignment and strategy to serve recycled water customers identified in the Recycled Water Demand Assessment. A preliminary hydraulic assessment will be prepared for purposes of sizing the distribution system. The required distribution pump station capacity for each phase will also be identified. • Develop distribution system alignment alternatives. Alternatives will be developed to target potential high recycled water use sites while optimizing the distribution system. • Develop a phased approach to expanding the distribution system to reach use sites. • Develop a hydraulic model to determine minimum required pipe diameters and to identify pumping needs.
• Identify pumping and storage needs.
• Develop a planning level conceptual cost estimate for each phase. These estimates will include construction, operation and maintenance (O&M), repair and replacement, and life cycle costs.
• One workshop with City staff to review distribution system phasing strategy (Workshop #2). It is anticipated that the City will confirm the proposed phasing approach during the workshop.

Task 4 Assumptions
• West Yost will develop a preliminary model of the recycled water system. • Up to three distribution alignment alternatives will be developed. • City will provide O&M costs for potable system for use in estimating recycled water O&M costs. • City will provide recent cost data for potable water pipeline projects to be used for reference when developing distribution system cost estimates.

Task 4 Deliverables
• Maps and tables describing the distribution system analysis. • Agenda and PowerPoint presentation for distribution system workshop. • Notes from distribution system workshop.
53 Mr. David Kelley
September 28, 2022

Page 6 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study Task 5. Treatment Facilities
West Yost will identify the treatment facilities required to produce tertiary recycled water. This task includes:
• Review of effluent quality from existing treatment facilities. • Review of existing related reports regarding existing treatment facilities and possible advanced treatment options.
• Identification of new treatment facilities to meet Title 22 required filtration and disinfection requirements. Up to two treatment train options will be evaluated and presented to the City. • Develop a planning level conceptual cost estimate for each phase. These estimates will include construction, O&M, repair and replacement, and life cycle costs. • Preparation of schematic layout of proposed treatment facilities within the existing footprint of the wastewater treatment plant.
• One workshop (Workshop #3) with City staff to review treatment options and to select the City’s preferred option.

Task 5 Assumptions
• New treatment facilities will be located within the footprint of the existing wastewater treatment plant site.
• The analysis will consider a two-phased approach and consist of an initial sizing of recycled water treatment facilities and a subsequent phase to expand the treatment capacity.

Task 5 Deliverables
• Agenda and PowerPoint presentation for treatment facilities workshop. • Notes from workshop.

Task 6. Financing Plan and Revenue Program
West Yost will work with the City to develop a financing plan that demonstrates the City’s plan for funding construction and operation of a recycled water project. Various funding sources will be considered including state and federal grants and loans, developer and connection fees, and potential partnerships.

In coordination with the City, West Yost will also develop a preliminary revenue program for inclusion in the Study.

Task 6 Assumptions
• City will work with West Yost in developing a financing plan and revenue program.

Task 6 Deliverables
• West Yost will prepare a draft Feasibility Study in Microsoft Word format. • West Yost will prepare a revised Feasibility Study in Microsoft Word format. • West Yost will prepare a final Feasibility Study in pdf format.

Task 7. Recycled Water Feasibility Study Report
West Yost will develop a Recycled Water Feasibility Study Report that will provide sufficient detail and analysis to support applications to the SWRCB and other federal funding programs. 54 Mr. David Kelley
September 28, 2022

Page 7 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study The Feasibility Study will summarize information developed in analysis of recycled water treatment, storage and pumping facilities, the recycled water use assessment, descriptions of the proposed distribution system strategy, the ancillary facilities assessment, evaluation criteria, cost estimates, and future actions that the City will need to take for project implementation.

This scope assumes one conference call to review the draft report and discuss City comments.

Task 7 Assumptions
• This scope of work does not include preparation of environmental documentation needed for compliance with CEQA laws and as required for state and federal construction funding.

Task 7 Deliverables
• West Yost will provide a draft Feasibility Study in electronic format to the City for review. • West Yost will provide a revised Feasibility Study in electronic format to the City for review. • West Yost will provide a final Feasibility Study in electronic format.

Task 8. Stakeholder Engagement
West Yost team members will be available to present and discuss the project with community stakeholders.

For purposes of this scope a total of three meetings are assumed – two presentations to the Public Works Subcommittee and one presentation to the City Council. All meetings are assumed to be virtual.

Task 8 Assumptions
• Three presentations to stakeholder groups are assumed. All meetings are assumed to be virtual.

Task 8 Deliverables
• West Yost will prepare both a draft and final Powerpoint presentation.

PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.

West Yost will perform the Scope of Services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached 2022 Billing Rate Schedule, with a not-to-exceed budget of $215,500. Any additional services not included in this Scope of Services will be performed only after receiving written authorization and a corresponding budget augmentation.

Table 1. Estimated Project Hours and Budget
Task Level of Effort, hours Estimated Budget, dollars
Task 1. Project Management 93 24,380
Task 2. Planning Grant Application 35 7,760
Task 3. Market Assessment 106 24,370
Task 4. Distribution System Analysis 180 41,590
Task 5. Treatment Facilities 142 33,400
Task 6. Financing Plan and Revenue Program 49 14,290
Task 7. Feasibility Study 288 65,550
Task 8. Stakeholder Meetings 16 4,160
Total Project Hours and Budget 909 $215,500
55 Mr. David Kelley
September 28, 2022

Page 8 ends

N-M-C-City of Cloverdale-LP-2022 Recycled Water Feasibility Study

SCHEDULE
West Yost anticipates beginning work following Notice to Proceed (NTP). The anticipated total schedule for completion of the Feasibility Study is 18 months. Workshops and review periods are included in the 18-month project duration. A detailed schedule will be developed upon start of the project.

Thank you for providing West Yost the opportunity to be of continued service to the City. We look forward to working with you on this important project. Please call if you have any questions or require additional information.

Sincerely,

WEST YOST
Anita Jain, PE Tom West, PE
Project Manager Water Sector Manager
RCE #86097
Attachment A: West Yost 2022 Billing Rate Schedule
56 West Yost 2022 Billing Rate Schedule
Attachment A
57 (Effective August 1, 2022 through December 31, 2022)*

POSITIONS

ENGINEERING
Principal/Vice President $328
Engineer/Scientist/Geologist Manager I / II $310 / $324 Principal Engineer/Scientist/Geologist I / II $280 / $298 Senior Engineer/Scientist/Geologist I / II $251 / $264
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $93
Administrative I / II / III / IV $89 / $112 / $134 / $148

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $322 / $324
Principal Tech Specialist I / II $296 / $306
Senior Tech Specialist I / II $271 / $283
Senior GIS Analyst $245
GIS Analyst $232
Technical Specialist I / II / III / IV $173 / $197 / $221 / $247 Technical Analyst I / II $124 / $148
Technical Analyst Intern $100
Cross-Connection Control Specialist I / II / III / IV $129 / $140 / $157 / $175 CAD Manager $195
CAD Designer I / II $151 / $171

CONSTRUCTION MANAGEMENT
Senior Construction Manager $313
Construction Manager I / II / III / IV $191 / $205 / $217 / $275 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $167 / $185 / $207 / $215 Apprentice Inspector $151
CM Administrative I / II $81 / $109
Field Services $215
2022 Billing Rate Schedule

LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2 58
(Effective August 1, 2022 through December 31, 2022)*
Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2022 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2 59
Budget Amendment Form

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount
600 00-000 215,500
REVENUE TOTAL 215,500

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
600 40-801 215,500
620 00-000 215,500
EXPENDITURE TOTAL 431,000

PURPOSE
Date Date
Date Entered by Date
Prepared By
S Holmes
Department Head Finance Director
Date Prepared
October 6, 2022
Account Description Account No.

City Engineer/Public Works
Transfer In - Water Enterprise
Account No.
39999-000
Misc Contract Services
Requesting Department
Account Description
City Manager
Transfer Out - Water Impact 49999-000
42150
Recycled Water Feasibility Study and Planning Grant
X:\Agenda Development\COUNCIL\2022 REPORTS\10-12-2022\E. Consent\E6 West Yost Recycled Water Feasibility Study and Grant App\Budget Amendment Form 60 City Council/Successor Agency
Agenda Item Summary Agenda Item: E.7
Meeting Date: October 12, 2022
Agenda Section:

Consent
Staff Contact:

David Kelley, City Manager
Agenda Item Title: Purchase and Sale Agreement (PSA) with Cloverdale Unified School District for a portion of Thyme Square.

Recommended Council Action(s): Approve Resolution entitled, “A Resolution of the City Council of the City of Cloverdale Approving a Purchase and Sale Agreement (PSA) with Cloverdale Unified School District, a California School District for a 0.23 acre portion of Lot “C” (Sonoma County Assessor’s Parcel number 001- 440-049) on the Thyme Square Final Map for construction of a school bus loading and turnaround area and associated pedestrian improvements.”
________________________________________________________________________________________ Background:

On August 7, 2018, the Cloverdale Planning Commission adopted Resolution No. 007-2018, approving a Tentative Parcel Map (TM 021-2018) to subdivide the 5.3-acre Thyme Square parcel into three lots as follows:

1. Lot A - 1.3 acres

2. Lot B - 2.8 acres

3. Lot C - 1.1 acres
Lot C of the Thyme Square property was designed to support future extension of Washington Street between Citrus Fair Drive and Healdsburg Avenue including adequate right-of-way for sidewalks, bike paths and onstreet parking. The Cloverdale Unified School District desires to acquire an approximately 0.23-acre portion of Lot C located in the northwest corner of the parcel to accommodate future construction of a school bus loading and turnaround area and associated pedestrian improvements in front of Washington Middle School.

The School District’s engineer developed an exhibit to depict the layout of the proposed bus turnout and associated parking (Attachment 3).
________________________________________________________________________________________ Summary:

The City Attorney prepared a Purchase and Sale Agreement (PSA) between the City of Cloverdale and Cloverdale Unified School District to support the acquisition of the 0.23 acre property. The Parties completed an appraisal, which determined that the value of the subject property is $48,000. Furthermore, the City prepared a Lot Line Adjustment to facilitate the transfer and integration of the 0.23 acre property with the existing Cloverdale Unified School District parcel that supports the Washington Middle School.

The Cloverdale unified School District desires to close to close on the purchase of the property as soon as possible to enable them to coordinate review of improvements plans with the Division of State Architect.

The Purchase and Sale Agreement provides that the City and School District have agreed to Close on the Property, provided that Buyer and seller complete the necessary due diligence and property disclosure requirements set forth in Section 4 of the agreements attached to the resolution as Exhibit “A” (Attachment 2 and 3).
________________________________________________________________________________________ 61 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 12, 2022
Item No.: E.7

Page 2 of 2 ends

Options:

1. Deny Resolution approving the Purchase and Sale Agreement; or

2. Provide Alternative Direction
Option 1 is not recommended as this will impact the ability of Cloverdale Unified School District to construct pedestrian safety improvements for Washington Middle School. ________________________________________________________________________________________ Subcommittee Recommendation:

Due to time constraints, the draft Purchase and Sale agreement was brought directly to the City Council. ________________________________________________________________________________________ Budget/Financial Impact:

Execution of the Purchase and Sale Agreement will enable the sale of a 0.23 acre portion of Parcel C on the Thyme Square Property to the Cloverdale Unified School District for a sales price of $48,000. The sales revenue will be directed to the Affordable Housing Fund. ________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - Purchase and Sale Agreement with Cloverdale Unified School District

3. School Bus Turnout Exhibit
62

Page 1 of 2 ends

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. 0XX-2022

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

SALE AGREEMENT (PSA) WITH CLOVERDALE UNIFIED SCHOOL DISTRICT, A CALIFORNIA SCHOOL DISTRICT FOR A 0.23 ACRE PORTION OF LOT “C” (SONOMA COUNTY ASSESSOR’S PARCEL NUMBER 001-440-049) ON THE THYME SQUARE FINAL MAP FOR CONSTRUCTION OF A SCHOOL BUS LOADING

AND TURNAROUND AREA AND ASSOCIATED PEDESTRIAN IMPROVEMENTS WHEREAS, on February 14, 2017, the City Council approved a contract with Brelje & Race Consulting Engineers (B&RCE) for municipal engineering services for Thyme Square which included preparation of a parcel map containing three parcels; and
WHEREAS, the City of Cloverdale, submitted a request for approval of a Tentative Map for the Thyme Square property which proposes to subdivide a 5.3-acre parcel into 3 lots; and WHEREAS, the City of Cloverdale Planning Commission approved the Tentative Map with conditions on August 7, 2018 (Planning Commission Resolution 007-2018); and WHEREAS, the Final Map for Thyme Square subdivision was submitted for review to the City and has been found to be in conformance with the City’s rules and regulations and those of the Subdivision Map Act, as well as those conditions of approval required to be completed prior to, or in conjunction with the Final Map recordation; and
WHEREAS, on the 9th day of October 2018, the Cloverdale City Council adopted Resolution No. 069- 2018, approving a Final Map for the Thyme Square Property; and WHEREAS, the City of Cloverdale is the owner of certain real property known as “Lot C” which consists of 1.13 acres of Sonoma County Assessor’s Parcel number 001-440-049 (“Lot C”); and WHEREAS, Lot C was transferred to the Low- and Moderate-Income Housing fund held by the City from the Successor Agency pursuant to the Redevelopment Dissolution Law; and WHEREAS, the Cloverdale Unified School District desires to purchase approximately 0.23 acres of Lot C (the “Subject Property”) for the purpose of constructing a school bus loading and turnaround area that will serve Washington Middle School; and
WHEREAS, the City received an appraisal for the Subject Property that valued the Subject Property at Forty-Eight Thousand Dollars ($48,000); and
WHEREAS, the net proceeds from the sale of the Subject Property will be deposited in the Low- and Moderate-Income Housing Fund; and
WHEREAS, the City Attorney drafted a Purchase and Sale Agreement (PSA) attached hereto as Exhibit “A” (Attachment 1) between the City of Cloverdale and Cloverdale Unified School District; and WHEREAS, the purpose of the PSA is to establish procedures and standards for the disposition of the Subject Property.
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NOW, THEREFORE, BE IT RESOLVED that the Cloverdale City Council hereby

1. Approves the Purchase and Sale Agreement between the City of Cloverdale and Cloverdale Unified School District for a 0.23-acre portion of Thyme Square Lot C; and

2. Authorizes the City Manager to execute the Purchase and Sale Agreement between the City of Cloverdale and Cloverdale Unified School District in a form approved by the City Attorney and to take all actions and execute all other documents that may be necessary to carry out the intent of this Resolution.

It is hereby certified that the foregoing Resolution was duly introduced and adopted as amended by the City Council of the City of Cloverdale at its regular meeting held on the 12th day of October 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachment:

Exhibit A – Purchase and Sale Agreement between the City of Cloverdale and Cloverdale Unified School District
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PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is entered into as of October ___, 2022 (the “Effective Date”), by and between the City of Cloverdale, a California municipal corporation (“Seller”) and Cloverdale Unified School District, a California school district (“Buyer”). Seller and Buyer are each referred to as a “Party” and collectively referred to herein as the “Parties.”

RECITALS
A. Seller is the owner of that certain real property known as “Lot C” which consists of 1.13 acres of Sonoma County Assessor’s Parcel number 001-440-049 (“Lot C”)
B. Buyer desires to purchase, and Seller desires to sell, approximately 0.23 acres of Lot C, as more particularly described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein (the “Property”).

C. Buyer intends to construct a school bus loading and turnaround area (the “Project”).

D. The City, as Seller, finds that the sale of the Property to the Buyer is in the best interest of the health and welfare of the City.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Seller and Buyer hereby agree as follows:

1. INCORPORATION OF RECITALS AND EXHIBITS.

The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full.

2. PURCHASE AND SALE.

2.1 Agreement to Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell to Buyer the Property, and Buyer agrees to purchase the Property from Seller.

2.2 Purchase Price. The purchase price for the Property is Forty-Eight Thousand Dollars ($48,000) (the “Purchase Price”).

2.3 Payment of Purchase Price. The Purchase Price will be paid in immediately available funds to Buyer at Closing (defined in Section 5 below). 65

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3. ESCROW.

3.1 Escrow Account. Within two (2) business days after execution of this Agreement, Buyer shall open an escrow account (the “Escrow”) maintained by Fidelity National Title Company, 1101 College Avenue, Suite 100, Santa Rosa, CA 95404, Attention ___________________, (707) 541-0300 (the “Title Company” and “Escrow Holder”). Escrow Holder shall perform all escrow and title services in connection with this Agreement.

3.2 Opening of Escrow. Within five (5) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening of Escrow.”

3.3 Buyer’s Deposit. Within two (2) business days after the Opening of Escrow, the Buyer shall deposit One Hundred Forty-Four Dollars ($144.00) into Escrow (the “Deposit”). If Buyer exercises its right to extend the Due Diligence Contingency Period as provided in Section 4.2, and has not provided written notice to Seller terminating this Agreement in accordance with Section 4.3, then Buyer shall deposit an additional Fifty Dollars ($50.00) for each such extension, which sum will be added to the Deposit. The Deposit is fully refundable to Buyer until Buyer’s approval of the Due Diligence Contingency, shall be applicable to the Purchase Price at Closing, and shall not be refunded to Buyer after Buyer’s approval of the Due Diligence Contingency except in the event of a breach by Seller. If Buyer does not deliver written notice of Buyer’s waiver of the Due Diligence Contingency or, alternatively, Buyer’s written notice of termination of this Agreement because of failure of the Due Diligence Contingency, in either event by 11:59 p.m. Pacific Time on the last day of the Due Diligence Contingency Period, Buyer shall be deemed to have waived the Due Diligence Contingency and Buyer’s Deposit shall become nonrefundable except in the event of Seller’s breach or as otherwise provided in this Agreement. If Buyer gives Seller timely written notice of termination of this Agreement because of failure of the Due Diligence Contingency, Seller shall, within one (1) business day, issue irrevocable and unconditional written instructions to Escrow Holder to return Buyer’s Deposit with all interest accrued thereon, and to return to the Party depositing them all such funds, documents, and other items as that Party may have previously deposited into Escrow, and neither Party shall have any further right or remedy against the other under this Agreement.

3.4 Independent Consideration. As independent consideration for Seller’s entering into this Agreement to sell the Property to Buyer, Buyer shall deliver the sum of Ten Dollars ($10.00) to Seller through Escrow (“Independent Consideration”). In the event that this Agreement is terminated for any reason, Seller shall retain the Independent Consideration; in the event that Buyer does not terminate this Agreement as aforesaid, the Independent Consideration shall be applied to the Purchase Price at Closing.
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4. DUE DILIGENCE AND PROPERTY DISCLOSURE REQUIREMENTS.
(a) Condition of Title/Preliminary Report. Within five (5) days of Opening of Escrow, Seller shall cause Escrow Holder to deliver a Preliminary Report for the Property, including copies of all exceptions listed in the Preliminary Report (collectively the “Preliminary Report”) to Buyer and Seller. Buyer will review the Preliminary Report and all of the following exceptions to title shall be deemed “Permitted Exceptions”: (a) standard printed exceptions in the Preliminary Report; (b) general and special real property taxes and assessments constituting a lien not yet due and payable; (c) exceptions created by Buyer or by any subtenant of Buyer; (d) any other exceptions approved by Buyer in writing. All monetary encumbrances or exceptions, including without limitation monetary liens of any kind, whether of record or not, shall be deemed “Disapproved Exceptions”, as will any exceptions in the Preliminary Report or in any ALTA/NSPS survey obtained by Buyer which are objected to in writing by Buyer and delivered to Seller prior to expiration of the Due Diligence Contingency Period. All Disapproved Exceptions shall be removed by Seller prior to the Closing, and Seller’s failure to do so shall be a material breach of this Agreement. (i) Title Review; Objections. Buyer shall have thirty
(30) days after receipt of the Preliminary Report to either approve the exceptions contained in the Preliminary Report (the “Title Approval Date”), or to notify Seller in writing (the “Title Objection Notice”), specifying any exceptions and/or survey matters to which Buyer objects (the “Title Objections”). If Buyer fails to timely give the Title Objection Notice, Buyer shall be deemed to have delivered a Title Objection Notice objecting to all exceptions contained in the Preliminary Report. Seller shall have a period of fifteen (15) business days after Seller’s receipt (or deemed receipt) of the Title Objection Notice (a) to remove, or agree to remove prior to the Closing, some or all of the Title Objections, and to inform Buyer in writing of the same, or (b) to inform Buyer, in writing, that Seller will not agree to remove some or all of the Title Objections (the “Title Response Notice”). If Seller fails to timely deliver the Title Response Notice to Buyer, it shall be conclusively deemed that Seller has elected to remove the Title Objections. If Seller advises Buyer in its Title Response Notice that it will not remove all of the Title Objections, then Buyer shall have until 11:59 p.m. Pacific Time on the last day of the Due Diligence Contingency Period (as defined below) to inform Seller, in writing, whether Buyer elects to waive such objections and proceed with the acquisition of the Property or to terminate this Agreement. Seller shall have until the Closing Date to remove those specified exceptions, if any, which Seller has agreed to remove in the Title Response Notice. Notwithstanding the foregoing, by the Closing Date or in connection with the Closing, Seller shall remove or cause to be removed all monetary liens, all UCC-1 filings with respect to the Property, if any, and all monetary encumbrances affecting the Property (other than current taxes and assessments not yet due and payable). If, after agreeing to correct or remove any Title Objections, Seller is unable to correct or remove all of them before the time set for the Closing, Buyer shall have the right to terminate this Agreement and the escrow provided for herein, in which event Seller shall, within one (1) business day, issue irrevocable and unconditional written instructions to Escrow Holder to return Buyer’s Deposit with all interest accrued 67

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thereon, and to return to the Party depositing them all such funds, documents, and other items as that Party may have previously deposited into Escrow. (b) Modifications to the Preliminary Report. Buyer shall have the right to reexamine title to the Property and in the event of any amended, updated or modified version of the Preliminary Report after Buyer has provided or been deemed to have provided the Title Objection Notice, Buyer shall have the right to object to any additional title exceptions, or modifications to existing title exceptions, contained in such amended, updated, or modified Preliminary Report by the same process used with regard to the original Preliminary report, as described in this Article 4; provided, however, that the objection and response times of each of the Parties shall be limited to five (5) business days each, and the Closing shall be extended accordingly.

4.2 Due Diligence Contingency Period. Buyer will have thirty (30) days from the Effective Date (the “Due Diligence Contingency Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property, including without limitation approval of the condition of title. Buyer may extend the Due Diligence Contingency Period two (2) times, each by thirty (30) days, upon written notice to Seller not less than two (2) days prior to the end of the Due Diligence Contingency Period and deposit of the additional funds required for extension, as set forth in Section 3.3. Notwithstanding the foregoing, Buyer may only extend the Due Diligence Contingency Period two (2) times, unless such extension is agreed to in writing by the Parties. Seller shall provide to Buyer complete copies of all documents relating to the ownership and operation of the Property, if any, that are in Seller’s possession or control (the “Due Diligence Documents”) by not later than ten (10) business days following the Effective Date All physical inspections must be coordinated with Seller’s representative. Buyer hereby agrees to indemnify and hold Seller harmless for any damage to the Property caused (but not merely revealed) by Buyer’s inspections.

4.3 Satisfaction of Due Diligence Contingency. Buyer shall have the right, in its sole discretion, to terminate this Agreement for any reason prior to the expiration of the Due Diligence Contingency Period and receive a refund of Buyer’s Deposit. Buyer hereby agrees to provide written notice to Seller prior to the expiration of the Due Diligence Contingency Period if Buyer approves or disapproves the due diligence items. Upon provision of notice of disapproval to Seller, this Agreement will terminate, and all amounts deposited by Buyer into escrow, together with interest thereon, if any, will be returned to Buyer, and neither Party will have any further rights or obligations hereunder except those which expressly survive the termination of this Agreement. If Buyer fails to notify Seller in writing of the approval or disapproval of all due diligence items, then after Seller gives Buyer ten (10) days’ written notice of Buyer’s failure to approve or disapprove all due diligence items, it will be conclusively presumed that Buyer has approved all such items, matters or documents.

4.4 Environmental and Natural Hazards Disclosure. California Health and Safety Code Section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances 68

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is located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Property. Seller agrees to make all necessary disclosures required by law. All disclosures pursuant to this Section 4.4 shall be in writing and shall be delivered to Buyer not later than ten (10) business days after the Effective Date.

5. CLOSING AND PAYMENT OF PURCHASE PRICE.

5.1 Closing. The closing (the “Closing” or “Close of Escrow”) will occur no later than sixty (60) days from the expiration of the Due Diligence Contingency Period (“Closing Date”) or such other date that the Parties agree in writing.

5.2 Buyer’s Conditions to Closing. Buyer’s obligation to purchase the Property is subject to the satisfaction of all of the following conditions or Buyer’s written waiver thereof (in Buyer’s sole discretion) on or before the Closing Date:
(a) Buyer has approved the condition of the Title the Property, and all due diligence items.
(b) Seller has performed all obligations to be performed by Seller pursuant to this Agreement.
(c) Seller’s representations and warranties herein are true and correct in all material respects as of the Closing Date. (d) The Title Company is irrevocably committed to issue to Buyer a CLTA Owner’s Policy of Title Insurance in the full amount of the Purchase Price, effective as of the Closing Date, insuring title to Buyer subject only to the Permitted Exceptions, and together with such endorsements as Buyer may reasonably require.

5.3 Seller’s Conditions to Closing. The Close of Escrow and Seller’s obligation to sell and convey the Property to Buyer are subject to the satisfaction of the following conditions or Seller’s written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date:
(a) Buyer has performed all obligations to be performed by Buyer pursuant to this Agreement before the Closing Date. (b) Buyer’s representations and warranties set forth herein are true and correct in all material respects as of the Closing Date.

5.4 Conveyance of Title. Seller will deliver marketable fee simple title to Buyer at the Closing, subject only to the Permitted Exceptions. The Property will be conveyed by Seller to Buyer in an “as is” condition, with no warranty, express or implied, by Seller as to the physical condition including, but not limited to, the soil, its geology, or the presence of known or unknown faults or hazardous materials or hazardous waste 69

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(as defined by state and federal law) except as specifically provided in this Agreement, and further provided that nothing shall rrelieve Seller from the obligation to disclose all material facts regarding the Property of which Seller has actual knowledge.

5.5 Deposits into Escrow.
(a) Deliveries by Seller. Seller shall deposit into the Escrow for delivery to Buyer at Closing: (i) a grant deed fully executed by Seller and notarized; (ii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, any regulations thereunder (the “Non-Foreign Affidavit”); (iii) a California Franchise Tax Board form 590 to satisfy the requirements of California Revenue and Taxation Code Section 18805(b) and 26131; (iv) such resolutions, authorizations, or other documents or agreements relating to Seller as shall be reasonably required by Title Company; and (v) all other documents required by this Agreement to complete the Closing.
(b) Deliveries by Buyer. Buyer shall deposit into the Escrow at Closing immediately available funds in the amount, which together with the Independent Consideration and the Deposit plus interest thereon, if any, is equal to: (i) the Purchase Price as adjusted by any prorations between the Parties; (ii) costs as identified in Section 5.5(d) of this Agreement; (iv) such resolutions, authorizations, or other documents or agreements relating to Buyer as shall be reasonably required by Title Company; and (v) all other documents required by this Agreement to complete the Closing.
(c) Closing. The term “Closing” as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed to be recorded in the Office of the County Recorder of Sonoma County. Upon Closing, Escrow Holder shall:
(i) record the Grant Deed; (ii) disburse to Seller the Purchase Price less any adjustments for Seller’s share of the Closing Costs as described below and any credits due to Buyer; (iii) deliver to Buyer the Non-Foreign Affidavit, the California Certificate and the original recorded Grant Deed; (iv) pay any other expenses payable through escrow; and (v) distribute to itself the payment of escrow fees and expenses required hereunder.
(d) Closing Costs. Seller shall pay (i) the cost of recording the Grant Deed, (ii) the cost of recording any documents necessary to remove liens, encumbrances, or title exceptions, (iii) all City and County documentary transfer taxes. and (iv) the cost of a standard CLTA policy of title insurance without endorsements.

Each Party shall pay one-half of the escrow fees. Buyer shall pay the cost of any title insurance coverage and any endorsements that exceed the cost of a standard CLTA policy and pro-rated property taxes. Each Party shall pay its own legal fees and costs.

All other costs or expenses not otherwise provided for in this Agreement shall be divided equally between Seller and Buyer.
(e) Pro-Rations. At the Close of Escrow, the Escrow Holder shall make the following prorations: (i) property taxes will be prorated as of the close of 70

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escrow based upon the most recent tax bill available, including any property taxes that may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered; (ii) any bond or assessment that constitutes a lien on the Property at the close of escrow, and which Buyer has approved as a Permitted Exception, will be assumed by Buyer. Neither Buyer nor Seller pay ad valorem taxes.

6. REPRESENTATIONS, WARRANTIES AND COVENANTS.

6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 6.1 are each true and correct as of the Closing Date provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Buyer in writing and Buyer will have three (3) business days thereafter to determine if Buyer wishes to proceed with Closing. If Buyer determines it does not wish to proceed, then the terms of Section 7.1 will apply. (a) Authority. Seller is a municipal corporation, lawfully formed, in existence and in good standing under the laws of the State of California. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller. (b) Encumbrances. Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any Agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Seller will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest prior to the Close of Escrow, as long as this Agreement is in force.
(c) Agreements. There are no agreements affecting the
Property except those which have been disclosed by Seller. There are no agreements which will be binding on the Buyer or the Property after the Close of Escrow. (d) No Violations. The execution, delivery and performance by Seller of its obligations under this Agreement will not conflict with or result in a breach of any law, governmental rule, regulations, judgment, decree or order by which the Seller or the Property is bound, or by the provisions of any contract to which Seller is a party, or by which Seller or the Property is bound. Seller has not received notice of any, and to the best of Seller’s knowledge there is no, action, suit, proceeding, or investigation pending or threatened, before any agency, court or other governmental authority which relates to the Property or the use thereof. Seller has not received any notices of any violations of any governmental laws or requirements applicable to the Property. Seller further represents and warrants that, during the period of ownership of the Property, 71

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Seller, its agents and employees complied with all federal, state and municipal environmental laws, regulations and policies applicable to the Property. (e) Litigation. There is not pending, or, to the best of Seller’s knowledge, threatened, any suit, action, arbitration, or legal, administrative or other proceeding or governmental investigation against or affecting the Property or Seller’s ability to convey the Property at the Closing. Seller is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality affecting the Property or Seller’s ability to convey the Property at the Closing.
(f) Default of Obligations or Liabilities. Seller has no notice that it is in default with respect to any of its obligations or liabilities pertaining to the Property, nor are there any facts or circumstances or conditions or events which, but for notice or lapse of time or both, would constitute a result in any such default. (g) Maintenance and Operations. Prior to Closing, Seller shall operate and maintain the Property in the same manner and condition as of the date of this Agreement, and shall make no material capital improvements or alterations to the Property without Buyer's prior written approval, which approval may be withheld in Buyer's sole discretion.
(h) Hazardous Substances. To the best of Seller’s knowledge, Seller hereby represents and warrants that there are no underground storage tanks on the Property in which any Hazardous Substance, as defined , below, has been or is being stored, nor has there been any storage, production, manufacture, generation, treatment, handling, refinement, spill, disposal, discharge or release of any Hazardous Substance into, on, from or over the Property, or into or upon ground or surface water on or under the Property.
(i) Definition. As used in this Agreement, "Hazardous
Substances" means any gas, liquid or solid, or combination of these, which is included as a substance, matter, material, waste, chemical, material, release, discharge, or emission, which is hazardous, extremely hazardous, toxic, radioactive material, radioactive waste, designated waste, or air pollutant, under: the California Hazardous Waste Control Law (California Health & Safety Code, Division 20, Chapter 6.5); the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health & Safety Code, Division 20, Chapter 6.6); Underground Storage of Hazardous Substances (California Health & Safety Code, Division 20, Chapter 6.7); Hazardous Substance Account Act (California Health & Safety Code, Division 20, Chapter 6.8); the Hazardous Release Response Plans and Inventory (California Health & Safety Code, Division 20, Chapter 6.95); California Code of Regulations, Title 26, Division 23, Sections 2521 and 2522; the Clean Water Act (33 U.S.C. 1251, et seq.); the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.); the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.); the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. 1100, et seq.); Control of Radioactive Contamination of the Environment (California Health & Safety Code, Division 20, 72

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Chapter 7); The Clean Air Act (42 U.S.C. 7401, et seq.); Code of Federal Regulations Section 302.4; or any statute, ordinance, regulation, administrative order or decision, or judicial decision interpreting or applying any of these provisions, as well as any amendments of any of these provisions, or any subsequently enacted statutes, ordinances, regulations, or orders, which refer or relate to "Hazardous Substances" as used in this Agreement; provided, however, that specifically included under this Agreement are asbestos, PCB's, mercury, sulphur dioxide, vinyl chloride, urea formaldehyde, natural gas, compressed natural gas, methanol, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and such synthetic gas), all petroleum products or byproducts, hydrocarbons, and any components or derivatives thereof.
(i) Withholding. Seller is not a "foreign person", "foreign corporation", "foreign trust" or "foreign estate" as those terms are defined in the I.R.C., Section 1445, nor is the sale of the Property subject to any withholding requirements imposed by the Internal Revenue Code (including, but not limited to, Section 1445 thereof) or any comparable laws of the State, and Buyer has no obligation under any such laws to withhold any monies from the Purchase Price in accordance with the provisions of such laws in connection with the transaction contemplated hereby (or, if same shall not be the case such that Buyer is obligated to withhold from the Purchase Price under any such laws, Seller shall cooperate with Buyer in connection with Closing to allow for withholding and compliance with such laws, as necessary). (j) Other Material Facts. Seller represents and warrants that there are no other material facts or additional items which warrant disclosure, except as stated herein or delivered to Buyer in accordance with this Agreement. (k) Full Disclosure. None of the representations and warranties made by Seller contain or will contain any untrue statement or material fact, or fail to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading.

The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive Close of Escrow or the expiration or termination of this Agreement and shall not be deemed merged into the deed upon closing.

6.2 Buyer’s Representations and Warranties. In addition to the representations, warranties and covenants of Buyer contained in other sections of this Agreement, Buyer hereby represents, warrants and covenants to Seller that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to Buyer’s actual knowledge any such statement becomes untrue prior to Closing, Buyer shall so notify Seller in writing and Seller shall have not more than ten (10) days thereafter to notify Buyer, in writing, of the following: (a) whether or not Seller deems such untruth to be material, the reasons therefor, and a detailed explanation of how 73

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such untruth would, in Seller’s reasonable estimation, prevent Buyer or Seller from Closing escrow or otherwise fully performing their obligations under this Agreement; and (b) whether or not Seller wishes to proceed with Closing. Nothing in this section 6.2 allows Seller to terminate this Agreement or to refuse to proceed to Closing unless the condition causing the untruth of any of Buyer’s representations or warranties below directly and actually prevents Buyer from Closing escrow:
(a) Buyer is a public agency of the State of California. Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer. (b) Buyer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute.

The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement are conditions precedent to Seller’s obligation to proceed with the Closing hereunder.

7. REMEDIES

7.1 Seller's Indemnifications. Seller shall indemnify Buyer against and hold Buyer harmless from any claim, loss, damage or expense, including any reasonable attorneys' fees and costs, expert fees and Costs of Suit, asserted against or suffered by Buyer resulting from or arising out of (i) any breach by Seller of this Agreement; (ii) any liability or obligation of Seller which Buyer is not required to assume hereunder or accruing prior to such assumption; or (iii) the inaccuracy or breach of any of the representations, warranties, or covenants made by Seller herein.

7.2 Buyer’s Remedies. In the event of a breach or default under this Agreement by Seller, if such breach or default occurs prior to Close of Escrow, Buyer reserves the right to either (a) seek specific performance from Seller or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Seller is able to perform; or (iii) to terminate this Agreement upon written notice to Seller.

7.3 Seller’s Remedies. FOLLOWING SATISFACTION OR WAIVER BY BUYER OF THE BUYER’S CONTINGENCIES, IF BUYER COMMITS A MATERIAL

DEFAULT UNDER THE AGREEMENT (WHICH DEFAULT IS NOT CURED WITHIN FIVE (5) BUSINESS DAYS AFTER SELLER NOTIFIES BUYER IN WRITING OF

SUCH DEFAULT) AND THE CLOSE OF ESCROW FAILS TO OCCUR BY REASON

OF SUCH MATERIAL DEFAULT, THEN IN ANY SUCH EVENT, SELLER MAY

TERMINATE THIS AGREEMENT AND SELLER SHALL THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER. BUYER AND SELLER AGREE THAT

BASED UPON THE CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, 74

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IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH SELLER’S DAMAGE BY REASON OF BUYER’S MATERIAL DEFAULT.

ACCORDINGLY, BUYER AND SELLER AGREE THAT IF THIS AGREEMENT

TERMINATES AS A RESULT OF A MATERIAL DEFAULT BY BUYER UNDER THE

AGREEMENT, IT WOULD BE REASONABLE AT SUCH TIME TO AWARD SELLER

THE AMOUNT OF THE DEPOSIT PAID BY BUYER AT THE TIME OF THE DEFAULT AS LIQUIDATED DAMAGES. SELLER AND BUYER AGREE THAT THE AMOUNT OF

THE DEPOSIT PAID AT THE TIME OF THE DEFAULT IS REASONABLE AS LIQUIDATED DAMAGES AND SHALL BE SELLER’S SOLE AND EXCLUSIVE

REMEDY IN LIEU OF ANY OTHER RELIEF, RIGHT OR REMEDY, AT LAW OR IN

EQUITY, TO WHICH SELLER MIGHT OTHERWISE BE ENTITLED BY REASON OF BUYER’S MATERIAL DEFAULT IN ITS OBLIGATION TO PURCHASE THE PROPERTY PURSUANT TO THE AGREEMENT. SELLER HEREBY WAIVES THE REMEDY OF SPECIFIC PERFORMANCE AGAINST BUYER. SELLER AND BUYER

ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS

OF THIS PARAGRAPH AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

Seller’s Initials: ________ Buyer’s Initials: _________

8. BROKERS. Seller and Buyer each represent that no real estate broker has been retained by that Party in the sale or procurement of the Property or negotiation of this Agreement. Each Party shall indemnify, hold harmless and defend the other from any and all claims, actions, and liability for any breach of the preceding representation, and for any commission, finder’s fee, or similar charges arising out of that Party’s breach, or from any claims to such compensation by any real estate broker alleging to have represented that Party in this transaction.

9. ASSIGNMENT. Absent an express signed written agreement between the Parties to the contrary, neither Seller nor Buyer may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason except that Buyer may assign this Agreement to an entity owned or controlled by Buyer or which is under the common control of Buyer provided notice of such assignment is provided to Seller. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement.

10. MISCELLANEOUS.

10.1 Attorneys’ Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs 75

Page 12 of 19 ends

incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal proceeding, the “prevailing party” shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered.

10.2 Interpretation. This Agreement has been negotiated at arm’s length and each Party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties.

Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party drafting it.

10.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow.

10.4 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns.

10.5 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

10.6 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein.

10.7 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be deemed stricken from this Agreement, and any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement, unless the objectives of this Agreement will be materially frustrated thereby, in which case this Agreement shall be void and of no effect, and Escrow Holder shall promptly return Buyer’s Deposit with all interest accrued thereon, and return to the Party depositing them all such funds, documents, and other items as that Party may have previously deposited into Escrow, and neither Party shall have any further right or remedy against the other under this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision 76

Page 13 of 19 ends

shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein.

10.8 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, by email, or by nationally recognized overnight delivery service (e.g., Federal Express), which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party’s address as set forth below:

To Buyer: Cloverdale Unified School District
97 School Street
Cloverdale, CA 95425
Attention: ________________
To Seller: City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Attention: City Manager
If to Escrow Holder/Title Company:

Fidelity National Title Company
1101 College Avenue, Suite 100
Santa Rosa, CA 95404
Attention: _________________
Any notice delivered by hand or Federal Express or similar courier service shall be deemed to be delivered when actual delivery is made or refused. Any notice delivered by email shall be deemed to be delivered when sent, provided that confirmation of effective transmission is received by the sender or no notice of delivery failure is received by the sender and provided, further, that any email sent after 5:00 p.m. Pacific Time shall be deemed given on the next following business day. Any notice deposited in the United States Mail in the manner required above shall be deemed to be delivered five (5) business days after the date of such deposit, and any time periods provided for herein during which a Party may act shall not commence until such notice is deemed to be so delivered. Either Party hereto may change its address by notice given as provided herein to the other Party and Title Company.

10.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement.

10.10 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday 77

Page 14 of 19 ends

or holiday, the time for performance will be extended to 5:00 p.m. on the next business day.

10.11 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed.

10.12 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement.

10.13 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance.

10.14 Counterparts and Electronic Signatures. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, equally admissible in evidence, but all of which together shall constitute one and the same Agreement, notwithstanding that the signatures of each Party or their respective representatives do not appear on the same page of this Agreement. The Parties hereby acknowledge and agree that electronic signatures that comply with the eSign Act (15 U.S.C. Ch. 96) (such as DocuSign signatures), or signatures transmitted by electronic mail in so-called "PDF" format shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered. The Parties hereto (a) intend to be bound by the signatures on any document sent by electronic means including by electronic mail, (b) are aware that the other Party will rely on such signatures, and (c) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature.

10.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods, based on the date this Agreement is fully executed by both Parties and actually delivered to the other Party.

10.16 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such 78

Page 15 of 19 ends

Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

SIGNATURES ON THE FOLLOWING PAGE
79

Page 16 of 19 ends

IN WITNESS WHEREOF, this Agreement is executed to be effective as of the

CITY OF CLOVERDALE,
a municipal corporation
By: _______________________________
David Kelley, City Manager
ATTEST:

By: ___________________________
Mike Maloney, City Clerk
APPROVED AS TO FORM:

By: ___________________________
Jose M. Sanchez, City Attorney
BUYER:

Cloverdale Unified School District
a California School District
By:______________________________

Its:______________________________
Date: ________________________
80

Page 17 of 19 ends

Exhibit A

LEGAL DESCRIPTION OF PROPERTY
81 Exhibit B
[Attach map of the Property]
82 5193431.1
83 KELDER ENGINEERING, INC.

Civil Engineering - Land Planning
132 S. Cloverdale Blvd., Cloverdale, CA 95425
Phone: (707) 894-0862, Fax: (707) 894-0863
N
84 City Council/Successor Agency
Agenda Item Summary
Agenda Item:

Meeting Date:

G1
October 14, 2022
Agenda Section
New Business
Staff Contact
Kevin Thompson, Assistant City Manager / Comm. Dev. Director Agenda Item Title: A Resolution of the City Council of the City of Cloverdale designating the City of Cloverdale’s Priority Project and authorizing submittal of application to the Sonoma County Community Development Commission for fiscal Year 2022-23 Community Development Block Grant Funding for the City 1st street sidewalk ADA improvement project
Recommended Council Action: Adopt a Resolution Designating the City of Cloverdale’s Priority Project and authorizing submittal of an application to the Sonoma County Community Development Commission for fiscal year 2022-2023 Community Development Block Grant (“CDBG”) funding for the 1st Street Sidewalk ADA Project.

Background
The Sonoma County Community Development Commission recently released a Notice of Funding Availability (NOFA) for a CDBG, HOME, CDBG-CV and LMIHAF Funding programs (See Attachment 2). These programs provide funding for a variety of activities including affordable housing, COVID relief, ADA improvements, perseveration of rental housing, and homelessness. Staff has analyzed the NOFA and determined that applying for a CDBG project is most appropriate for Cloverdale this funding round. Staff has alerted local affordable housing and service providers about the NOFA in case they are interested in applying. The project selected for funding would complete a missing stretch of approximately 300’ of sidewalk along the south side of 1st Street near Mulberry Street. The project will support pedestrian movement from the proposed Asti Road affordable housing project. The total CDBG funding allocation for this round is $792,056, the estimate for the ADA sidewalk project is $150,000.

Previous CDBG grant funding awards are identified in Table 1 below:

Table 1 – Previous CDBG funded projects
Fiscal Year Project Funding Amount
2014-15 S. Cloverdale Blvd ADA Improvements $48,353
2015-16 S. Cloverdale Blvd ADA Improvements (Citrus Fair to S. Franklin) $120,000 2016-17 S. Cloverdale Blvd ADA Improvements (Healdsburg Ave to Tarman Dr.) $116,000 2017-18 ADA Trail improvements at 2nd Street Park $90,000 Summary
The purpose of this agenda item is to request that the City council designate a priority project for Community Development Block Grant (CDBG) funding for fiscal year 2022-2023. The City Council has previously identified the need to improve pedestrian infrastructure serving the Asti Road area in anticipation of the proposed affordable housing project. The 1st Street sidewalk ADA improvement project will assist in this objective and is eligible for CDBG funding. One of the specific objectives for Non-Housing Community Development in Sonoma County CDC’s Funding Policies is to, “Construct, renovate or install access modifications to reduce or eliminate architectural barriers to meet the special needs of persons with disabilities and the elderly in 85 accordance with the ADA in public facilities, including but not limited to public parks, restrooms, youth centers, senior centers, fire stations, libraries and community recreation facilities.” The 1st Street Sidewalk ADA Improvement project will meet the goals and objectives of the HUD approved Sonoma County Consolidated Plan for federal CDBG, HOME and ESG funding and is considered a completive project for funding.

Options

1. Approve the resolution designating the 1st Street Sidewalk ADA Improvement project as the City Council priority project and recommend authorizing submittal of a CDBG grant application to the Sonoma County CDC for fiscal year 2022-23;

2. Designate an alternative project for CDBG funding and direct staff to prepare a funding application for submittal to the CDC; or

3. Provide other direction to staff.

Budget/Financial Impact
Staff time is involved in preparing and administering the CDBG grant; however, CDBG funding does not require local matching funds. Additional local funding could be required in the future if the project cost exceeds the amount of CDBG funding.

Recommended Council Action
Approve the resolution designating the 1st Street Sidewalk ADA Improvement project as the City Council priority project and recommend authorizing submittal of a CDBG grant application to the Sonoma County Community Development Commission for fiscal year 2022-23.

Attachments:

1. Resolution

2. Notice of Available Funding
86 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. XX-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE DESIGNATING THE CITY OF CLOVERDALE’S PRIORITY PROJECT AND AUTHORIZING SUBMITTAL OF APPLICATION TO THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION FOR FISCAL YEAR 2022-23 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY 1st STREET SIDEWALK

IMPROVEMENT PROJECT
WHEREAS, the Community Development Commission (CDC) administers the Community Development Block Grant (CDBG) program grant funds received from the United States Secretary of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, objectives of which include improving communities by providing decent housing and a suitable living environment, and expanding economic development opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Cloverdale participates in the CDBG program administered by the CDC pursuant to a Joint Powers Agreement (JPA); and
WHEREAS, by participating in the JPA, the City of Cloverdale can apply for a share of the annual block grant funding that is provide to Sonoma County by HUD instead of having to compete individually on the State level; and
WHEREAS, each year the City Council is asked to submit housing and non-housing projects to the Sonoma County Community Development Commission for consideration in priority order; and
WHEREAS, the City acknowledges that residents of the City may submit an application for the Countywide Housing Rehabilitation program which will be considered, on a first come, first served basis, for funding from the general Countywide Housing Rehabilitation Program funds or from funds derived from City reprogrammed funds earmarked specifically for use within the boundaries of the incorporated areas participating in the Urban County, subject to funding availability; and
WHEREAS, the City Council authorizes the City Manager to evaluate and establish the CDBG program priorities; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cloverdale does hereby endorse and support submittal of fiscal year 2022-23 CDBG grant application of $150,000 for Americans with Disabilities Act (ADA) improvements to the sidewalk along the south side of 1st Street.

BE IT FURTHER RESOLVED, that the City Council of the City of Cloverdale hereby authorizes the City Manager or her designee to execute all necessary agreements with the CDC including 87 environmental review for implementation of said Project pursuant to the National Environmental Policy Act.

It is hereby certified, that the foregoing Resolution was duly introduced and duly adopted by the City Council of the City of Cloverdale at its regular meeting held on October 12, 2022, by the following vote: (Ayes-; Noes )
AYES:

NOES:

ABSENT:

ABSTAIN:

Approve: Attest:
_________________________ _________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
88 Sonoma County Community Development Commission
Sonoma County Housing Authority
1440 Guerneville Road, Santa Rosa, CA 95403-4107
Telephone (707) 565-7500
FAX (707) 565-7583 TDD (707) 565-7555
Notice of Funding Availability (NOFA) for
CDBG, HOME, CDBG-CV and LMIHAF
Issue Date: September 1, 2022
Application Due Date: October 20, 2022, 2:00 pm
The Sonoma County Community Development Commission (Commission) requests applications for eligible capital projects, affordable housing projects, tenant based rental assistance, supportive services, fair housing, non-congregate shelter, and economic development activities to receive funding from the following sources:

FUND SOURCE FY 2022-2023

ACTION PLAN

SUBSTANTIAL

AMENDMENT

PRIOR YEAR

ACTION PLAN

SUBSTANTIAL

AMENDMENTS

ELIGIBLE USES
Community Development
Block Grant (CDBG)
$385,079 $406,977 Affordable housing
projects, non-housing
capital projects,
microenterprise
assistance
HOME Investment
Partnerships Program
(HOME)
$448,693 $766,918 Development and
preservation of
affordable rental
housing, tenant based
rental assistance
HOME - Community
Housing Development
Organizations (CHDO)
$135,348 $123,811 CHDO rental housing
development and
preservation
CDBG - Coronavirus Aid,
Relief and Economic
Security Act (CARES Act),
also known as CDBG-CV
$1,370,855 Activity must prevent,
prepare for, or respond
to Coronavirus and can
include: acquisition of
real property, housing
related activities,
microenterprise
assistance, public
facility improvements
and public services
Low Moderate Income
Housing Asset Fund
(LMIHAF)
$250,000 Homelessness
prevention and rapid
re-housing services
Note: The funding amounts are approximate and may be adjusted. 89 Based on the strategic goals of the five year Consolidated Plan, funding priority in this NOFA process will be given to proposals for affordable housing activities.

The Commission administers United States Department of Housing and Urban Development (HUD) CDBG, HOME and ESG funds on behalf of the County of Sonoma, the Town of Windsor, and the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, and Sonoma (collectively, the “Urban County”). This NOFA and associated guiding documents and policies govern the distribution of funds.

All proposals must be submitted through the application packet available at the following link:
https://sonomacounty.ca.gov/development-services/community-development-commission/cdcnews The application packet contains the FY 2022-2023 CDBG and HOME Funding Policies and CDBG-CV Addendum, the funding timeline, application instructions and required forms. Please review this NOFA, the Funding Policies and Addendum, and application guidelines carefully for important information on project/program eligibility and application procedures.

Key Dates
Potential applicants are highly encouraged to attend the technical assistance session.

The technical assistance session will provide detailed information about CDBG, HOME, HOMECHDO, CDBG-CV and LMIHAF project requirements and will be held on:

Thursday, September 1, 2022 Notice of CDBG, HOME, CDBG-CV and LMIHAF funding availability (NOFA) issued inviting submission of funding applications.

Tuesday, September 13, 2022,
10:00 a.m.

Technical Assistance (TA) Session for applicants interested in submitting a funding application. The TA session will provide an overview of the funding requirements and to
discuss specific project questions. All interested
applicants are highly encouraged to attend.

Thursday, October 20, 2022
2:00 p.m.

Funding applications are due at the Commission Office
no later than 2:00 p.m. Applications delivered by a
third party should be delivered the day before to
ensure they arrive on time.

Wednesday, November 16,
2022, 10:00 a.m.

Community Development Committee (CD Committee) and
Cities and Towns Advisory Committee (CTAC) concurrent
public hearings to make funding recommendations for the FY 2022-2023 Action Plan Substantial Amendment and
prior year Action Plan Substantial Amendments. All
applicants must be present to be considered for
funding.

Wednesday, November 21,
2022
Draft FY 2022-2023 Substantial Amendment and prior year Action Plan Substantial Amendments published for a 30-
day public comment period.

Tuesday, January 3, 2023
(Date subject to change)
Board of Supervisors to discuss and adopt the FY 2022-
2023 Action Plan Substantial Amendment and prior year
Action Plan Substantial Amendments.
90 Tuesday, September 13, 2022
10:00 a.m. - 12:00 p.m.

Meeting Link:
https://sonomacounty.zoom.us/j/94023006007?pwd=ci9NN1VQeWRNS3g1d1JrVGVsN GxlZz09
Webinar ID: 940 2300 6007
Webinar Passcode: 402995
Call In Number: 1-669-900-9128
Please contact the Community Development Commission staff at (707) 565-7514 or notify us by email at [email protected] to indicate your interest in attending.

Due Date
All proposals must be submitted to the Commission by 2:00 p.m. on Thursday, October 20, 2022.

All hardcopy applications delivered by a third-party service should be delivered the day before to ensure they arrive on time They must be delivered to:

Sonoma County Community Development Commission
1440 Guerneville Road
Santa Rosa, CA 95403
Attention: Valerie Johnson
FY 2022-2023 Priorities
The CDBG & HOME Funding Policies further the five-year goals set out in the Consolidated Plan that can be viewed on this web page: https://sonomacounty.ca.gov/developmentservices/community-development-commission/plans-policies-and-reports The Commission will recommend awarding funds to the most competitive proposals that adhere to the basic Threshold Criteria and rank well under the Selection Criteria found in the FY 2022- 2023 CDBG & HOME Funding Policies and CDBG-CV Addendum.

Selection Process
All applications will be reviewed and evaluated by Commission staff, who will then prepare an analysis for consideration by the CD Committee and the CTAC at their concurrent public hearings on Wednesday, November 16, 2022, at 10:00 a.m. At the hearings, the committees will review staff analysis of proposals submitted under the competitive funding categories, take testimony from applicants, and make funding recommendations to the Board of Supervisors that will be integrated into the draft FY 2022-2023 Action Plan Substantial Amendment and prior year Action Plan Substantial Amendments. All applicants must be present at the concurrent public hearings to be considered for funding.

Contact
Please contact Valerie Johnson, Community Development Associate, at (707) 565-7514 or by email at [email protected] with any questions about the application process and requirements.
91 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

G.2
October 12, 2022
Agenda Section:

New Business
Staff Contact:

Jason Ferguson, Chief of Police
Agenda Item Title:

Amendment of Title 9 of the Cloverdale Municipal Code to add chapter 9.35. ________________________________________________________________________________________ Recommended Council Action(s):

Consider adopting an ordinance amending Title 9 of the Cloverdale Municipal Code to repeal Chapter 9.34, “Human Habitation of Vehicles and Campers”, and add Chapter 9.35, “Protection of Critical Infrastructure and Wildfire Risk Areas” and authorize staff to bring items back to council for a public hearing. ________________________________________________________________________________________ Background:

A principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, and waste disposal. Often, the destruction of, damage to, or interference with, critical infrastructure is caused by fire and contamination both of which, impede safe access for pedestrians and vehicles.

For several years the City of Cloverdale and its police department have regularly contacted individuals in the River Park area whose sole purpose is to construct encampments and occupy the city-owned public lands without lawful permits. The prolonged camping in the River Park area not permitted for such purposes has created unsanitary, unhealthy, disorderly, detrimental, and dangerous conditions that have affected the health and safety of the individuals as well as the general public. In most cases, the city-owned property is particularly sensitive to the conditions and impacts caused by public camping, particularly, in situations where an encampment is significantly large, ongoing, and situated in dense brush and vegetation.

Between January 1, 2020, and August 20, 2022, there have been one hundred, and thirty-one (131) reported fire-related responses to the River Park area. Most of the responses were vegetation fires that encompassed McCray Road, Asti Road, First Street, Geysers Road, and River Road where homeless encampments were established. These vegetation fires pose a significant threat to the individuals occupying the encampments, the community, and critical infrastructure such as the city’s water treatment plant.
________________________________________________________________________________________ Summary:

Existing camping laws, contained in Chapter 9.34 of the Cloverdale Municipal Code, are not consistent with Martin v. Boise. That case prohibited the enforcement of absolute bans on camping on public property, unless enough shelter beds are available to accommodate the entire homeless population. There are not currently enough shelter beds in Cloverdale or Sonoma County to accommodate the entire homeless population in either jurisdiction.
92 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 12, 2022
Item No. G.2

Page 2 of 3 ends

Martin v. Boise did not grant individuals an unconditional right to sit, lie or sleep on the streets at any time or at any place, or prevent the City from adopting specific time, place, and manner restrictions on such activities. Title 9 is being amended to repeal Chapter 9.34 and add Chapter 9.35 to provide for the protection of critical infrastructure and wildfire risk areas by prohibiting camping in certain sensitive areas, including:
• At or near “Critical Infrastructure”;
• In a wildfire risk area (as specifically defined in the Ordinance); • Within 150 feet of the high water of the Russian River; • Within five hundred (500) feet of a well site; and
• Within 10 feet of a building entrance/exit, or a driveway or loading dock.

Critical Infrastructure is defined as real property or a facility, whether privately or publicly owned, that is so vital and integral to the operation or functioning of the City that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Under the Ordinance, the City Council has the authority to identify Critical Infrastructure by Resolution. At the second reading of the proposed Ordinance, the City Council will also consider a resolution identifying Critical Infrastructure.

That Resolution will identify critical infrastructure as government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, parks, or water sources. The Council will retain the authority to edit that list at any time.

The proposed ordinance would also prohibit individuals from obstructing a clear path of travel on any sidewalk, street or other right-of-way, or occupying an area greater than 10 feet by 10 feet. In addition the ordinance prohibits the dumping of graywater.

The purpose of Chapter 9.35 is to mitigate the threat of fire or other potential causes of destruction and damage to and interference with critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on or near critical infrastructure and wildfire risk areas, and as necessary to keep public rights of way clean and available for public use in a manner that preserves the dignity and safety of all residents. Violations of Chapter 9.35 can be punished criminally or with administrative fines, and the City is authorized to abate violations. ________________________________________________________________________________________ Options:

1. Adopt an ordinance amending Title 9 of the Cloverdale Municipal Code to repeal Chapter 9.34, “Human Habitation of Vehicles and Campers”, and add Chapter 9.35, “Protection of Critical Infrastructure and Wildfire Risk Areas” and authorize staff to bring items back to council for a public hearing; or

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

The proposal ordinance to replace Chapter 9.34 and add Chapter 9.25 was reviewed by the Homeless Community Advisory Group Subcommittee.
93 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 12, 2022
Item No. G.2

Page 3 of 3 ends

________________________________________________________________________________________ Budget/Financial Impact:

No impact
________________________________________________________________________________________ Attachments:

1. Critical Infrastructure Ordinance

2. Exhibit A - Protection of Critical Infrastructure and Wildfire Risk Areas 94 CITY OF CLOVERDALE
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING TITLE 9 OF THE CLOVERDALE MUNICIPAL CODE TO REPEAL CHAPTER 9.34, “HUMAN HABITATION OF VEHICLES AND CAMPERS,” ADD CHAPTER 9.35, “PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS”
WHEREAS, a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, and waste disposal; and
WHEREAS, destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, impeding safe access for pedestrians and vehicles, or other causes; and WHEREAS, destruction of, damage to, or interference with, critical infrastructure is frequently caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure; and WHEREAS, existing camping laws, contained in Chapter 9.34 of the Cloverdale Municipal Code, are not consistent with Martin v. Boise; and
WHEREAS, Martin v. Boise did not grant individuals an unconditional right to sit, lie, or sleep on the streets at any time or at any place, or prevent the City from adopting specific time, place, and manner restrictions on such activities; and
WHEREAS, Title 9 is being amended to repeal Chapter 9.34 and add Chapter 9.35 to provide for the protection of critical infrastructure and wildfire risk areas; and WHEREAS, the purpose of Chapter 9.35 is to mitigate the threat of fire or other potential causes of destruction and damage to and interference with critical infrastructure, in order to protect the health, safety and welfare of the public, by authorizing the removal of persons and their personal property in, on or near critical infrastructure and wildfire risk areas, and as necessary to keep public rights of way clean and available for public use; and
WHEREAS, the City Council desires to adopt this Ordinance to achieve this purpose in a manner that preserves the dignity and safety of all residents.

NOW, THEREFORE, the City Council of the City of Cloverdale does ordain as follows:

Section 1. RECITALS
The City Council of the City of Cloverdale finds that all of the above Recitals, in addition to those within this Ordinance, are true and correct and incorporated herein by reference. 95 Ordinance No. ____

Page 2 ends

Section 2. FINDINGS
The City Council hereby finds that a principal threat to the public health, safety, and welfare is: (1) the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services; (2) the potential interference with public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; and (3) the potential destruction of, damage to, or interference with the natural habitat. The City Council further finds that the risk of such destruction, damage, or interference is caused by fire, contamination, impeding safe access for pedestrians and vehicles, or other causes.

Section 3. REPEAL OF CHAPTER 9.34.

The City Council hereby repeals Chapter 9.34, Human Habitation of Vehicles and Campers, of the Cloverdale Municipal Code in its entirety.

Section 4. ADDITION OF CHAPTER 9.35
The City Council hereby adds Chapter 9.35, Protection of Critical Infrastructure and Wildfire Risk Areas, to Title 9 (Public Peace, Moral, and Welfare) of the Cloverdale Municipal Code to read as shown and incorporated here in Exhibit A to this Ordinance.

Section 5. SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable, or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Cloverdale hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

Section 6. CEQA
The Cloverdale City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that this ordinance will have a significant negative effect on the environment.

Section 7. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall take effect thirty (30) days after the date of its adoption. Before expiration of fifteen (15) days after its passage, this Ordinance or a summary thereof as provided in California Government Code section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Cloverdale along with the names of the City Council Members voting for and against its passage.
96 Ordinance No. ____

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INTRODUCED by the City Council of the City of Cloverdale on the [XX] day of [MONTH], 2022, and passed and adopted on _______________, 2022 by the following roll call vote:

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

Absent: (_)
Abstaining: (_) None
SO ORDERED: ATTEST:
________________________________ ________________________________ Todd Lands, Mayor Michael Maloney, City Clerk
Date: ___________________________
Exhibit A – Critical Infrastructure and Wildfire Risk Areas 5195755.2
97 Chapter 9.35 is hereby added to the Cloverdale Municipal Code to read as follows:

Chapter 9.35 PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS

9.35.010 Findings and Purpose.

The City Council finds as follows:
(1) A principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, stormwater, and waste disposal;
(2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, impeding safe access for pedestrians and vehicles, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is frequently caused by persons whose activities are not permitted or authorized in, on, or near wildfire risk areas and critical infrastructure.

The purpose of this Chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near designated wildfire risk areas and critical infrastructure, and as necessary to keep public rights of way clean and available for public use.

9.35.020 Definitions.

When used in this Chapter, the following words and phrases have the following meanings:
“Camp” means to reside in the outdoors for living accommodations purposes, including sleeping or making preparation to sleep (such as laying down bedding for the purpose of sleeping), storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, luggage, backpacks, kitchen utensils, cookware, and similar items), or erecting a tent or other temporary shelter. “Critical infrastructure” means real property or a facility, whether privately or publicly owned, as designated by resolution of the City Council, that the City Council designates as being so vital and integral to the operation or functioning of the City that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. “Debris” means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.
“Facility” means a building, structure, equipment, system, or asset. “Fire prevention official” means the Fire Chief, a deputy fire chief, the Fire Marshal, or a fire prevention officer with jurisdiction over the City.
98 “Garbage” means household and kitchen waste; animal, vegetable, and putrescible waste associated with the preparation, consumption, handling, or storage of edible materials; and any non-putrescible material mixed in the same container with or contaminated by putrescible waste. Garbage does not include source-separated recyclables or yard waste.
“Hazardous waste” has the same meaning as in California Public Resources Code section 40141. “Infectious waste” has the same meaning as in California Code of Regulations, Title 14, section 17225.36.
“Waters of the State” has the same meaning as in subdivision (e) of California Water Code section 13050.
“Wildfire risk area” means land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by a fire code official, as defined in California Code of Regulations, Title 24, Part 9, Section 202, and approved by resolution of the City Council.

9.35.030 Prohibited Activities.

A. It is unlawful and a public nuisance for any person to camp at the following locations:

1. Critical infrastructure;

2. within fifty (50) feet of critical infrastructure;

3. within fifty (50) feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

4. wildfire risk area;

5. within one hundred and fifty (150) feet of the high water mark of the waters of the state; and

6. within five hundred (500) feet of a well site.

B. No person shall camp or obstruct a street, sidewalk, or other public rights-of-way by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property:

1. In a manner that impedes pedestrian passage on any sidewalk or walkway;

2. within ten (10) feet of any driveway or loading dock; or

3. within ten (10) feet of any building entrance or exit.

C. No person shall occupy or use an area greater than ten (10) feet by ten (10) feet for storage of unattended personal property on any City-owned parcel.
99 D. No person shall dump gray water, which includes wastewater from baths, sinks, washing machines, and other kitchen appliances, or black water, including sewage water, onto sidewalks, streets, parks, open spaces, storm drains, waterways, or any other facilities not intended for gray water or black water disposal.

E. No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public rights-of-way open to use by bicycles, by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public rights-of-way, as specified.

F. This Section does not prohibit camping on private residential property with the consent of the property owner.

G. Nothing in this Chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful users of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances, and regulations.

9.35.040 Summary Abatement.

A. Any violation of Section 9.35.030 occurring on City-owned property may be abated by the City upon seventy-two (72) hours of prior notice posted at the location of the violation, or may be abated immediately by the City without prior notice, if the violation poses an imminent threat to public health or safety.

B. Abatement by the City pursuant to Subsection A may include, but is not limited to, removal of personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

C. Any violation of Section 9.35.030 occurring on private property may be abated by the City in accordance with Chapter 1.15 or Chapter 1.20.

D. Regardless of the City’s authority to conduct abatement pursuant to this Section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.

E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 1.14 of the Cloverdale Municipal Code.

9.35.050 Interference with Summary Abatement.
100
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a City official, employee, contractor, or volunteer in their execution of abatement pursuant to this Chapter.

9.35.060 Violation—Penalty.

A. Violations of this Chapter shall be punishable as a misdemeanor.

B. In addition to any other remedy allowed by law, any person who violates a provision of this Chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Cloverdale Municipal Code Chapters 1.12, 1.14, and 1.18.

C. All remedies prescribed under this Chapter are cumulative, and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Chapter. 5195689.1
5195689.2
101
INTRODUCTION OF AMENDMENTS TO TITLE 9

OF THE CLOVERDALE MUNICIPAL CODE
Protection of critical infrastructure and
wildfire risk areas by prohibiting camping in
certain sensitive areas
City of Cloverdale City Council – October 12, 2022
102

1. Introduction

2. Summary

3. Background

4. Need for Amendments under Martin v. City of Boise

5. Approaches Adopted by Other Jurisdictions

6. Summary of Proposed Amendments

7. Recommended Actions

8. Questions & Comment
City of Cloverdale City Council – October 12, 2022
103
• Staff recommends that your Council Introduce the Ordinance making proposed amendments to amending Title 9 of the Cloverdale Municipal Code to repeal Chapter 9.34, “Human Habitation of Vehicles and Campers”, and add Chapter 9.35, “Protection of Critical Infrastructure and Wildfire Risk Areas”.
• The proposed amendments balance the legal rights of unhoused individuals to have a place to sleep when there is no shelter otherwise available for those individuals with the need to regulate the growth and duration of large encampments for the overall health and safety of the community at large.

City of Cloverdale City Council – October 12, 2022 104
• The legal challenges to public camping ordinances and the solutions for legally addressing growing homeless encampments continue to evolve.
• Some jurisdictions are not enforcing camping ordinances or tying enforcement to shelter availability, while others are enacting camping ordinances that attempt to align with recent legal cases. • Staff is recommending the latter approach with the proposed ordinance before you for consideration.

By doing so, this would bring the ordinance in line with Martin v. City of Boise. • Proposed amendments provide for the protection of critical infrastructure and wildfire risk areas by prohibiting camping in certain sensitive areas, including:
• At or near “Critical Infrastructure”;
• In a wildfire risk area (as specifically defined in the Ordinance); • Within 150 feet of the high water of the Russian River; • Within five hundred (500) feet of a well site; and
• Within 10 feet of a building entrance/exit, or a driveway or loading dock.

City of Cloverdale City Council – October 12, 2022 105
• Cloverdale Municipal Code Section 9.34 generally prohibits overnight camping in any public park, or any public street or on any other public property, except in a designated public campground or by authority of a written permit.
• Generally applicable to City owned property and public property within the City • As currently written, Section 9.34.030 states:
“Camping on Public Property. It is unlawful for any person to camp in any public park, or any public street or on any other public property, except in a designated public campground or by authority of a written permit issued by the city..” • Cloverdale Municipal Code Section 9.34 specifically prohibits camping in City Parks except in a designated public campground or by for in designated areas with a permit • Since the Martin decision, the City does not enforce Chapter 9.34 unless the City has provided advance notice, opportunities for outreach and assessment, offers of adequate shelter, and storage of property prior to clearing an encampment (absent immediate health or safety concerns).

City of Cloverdale City Council – October 12, 2022 106
• The Ninth Circuit case of Martin v. City of Boise was brought by a group of homeless individuals in Boise who were cited for violating the City’s camping ordinance and disorderly conduct ordinance. Plaintiffs alleged these citations violated the Cruel and Unusual Punishments Clause of the Eighth Amendment. • The Ninth Circuit’s April 2019 decision recognized that the Eighth Amendment prohibits the government from criminalizing an involuntary act or condition if it is an unavoidable consequence of being homeless. In Martin, thisrule was applied to anti-camping laws that prohibit sitting, lying, or sleeping on public land. • The Ninth Circuit Court of Appeals stated its holding asfollows: “so long asthere is a greater number of homeless individuals in a jurisdiction than the number of available beds in shelters, the jurisdiction cannot prosecute homeless individuals for involuntarily sitting, lying, and sleeping in public. That is, aslong asthere is no option ofsleeping indoors, the government cannot criminalize indigent, homeless people forsleeping outdoors, on public property, on the false premise they had a choice in the matter.” Martin v. City of Boise, 920 F.3d 584, 617 (9th Cir. 2019).
• The Court in Martin qualified its holding as “a narrow one” and stated, “we in no way dictate to the City that it must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, orsleep on the streets … at any time and at any place.” Id.

City of Cloverdale City Council – October 12, 2022 107
• As a result of the Martin decision, the City cannot criminally cite or arrest a person for a condition of homelessness (such assleeping or camping in public spaces), unless it can demonstrate the individual subject to citation or arrest wasfirst offered shelter or otherwise had alternative housing available to them. • The Martin decision outlined some general types of enforcement actions that are still legally permissible even without providing adequate shelter.
• First, individuals who decline an offer ofshelter, or reasonably have accessto or the means to acquire shelter are not shielded from enforcement.
• Second, the County may continue to enforce rules against obstruction of public rights of way (streets and sidewalks) or the erection of certain kinds ofstructures. • Third, “even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible.” Martin at 617, fn. 8.
• The key is whether the local regulation “punishes a person for lacking the meansto live out the ‘universal and unavoidable consequences of being human’ in the way the ordinance prescribes.” Id.

City of Cloverdale City Council – October 12, 2022 108
• Eliminate local restrictions on public camping
• Prohibit enforcement of public camping ordinance unless there is sufficient shelter space is available • Impose restrictions on types of structures erected on public property or type of camping materials allowed
• Permit public camping only in specified areas
• Impose only geographic restrictions on public camping • Impose only time restrictions on public camping
• Impose both reasonable time and place restrictions on public camping City of Cloverdale City Council – October 12, 2022 109
The following is a list of the proposed amendments to bring the County’s existing camping ordinances into compliance with current law under Martin v. City of Boise while still providing the City with the necessary legal optionsto address encampments when they become a health and safety concern:

9.35.030 Prohibited Activities.

A. It is unlawful and a public nuisance for any person to camp at the following locations:

1. Critical infrastructure;

2. within fifty (50) feet of critical infrastructure;

3. within fifty (50) feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

4. wildfire risk area;

5. within one hundred and fifty (150) feet of the high water mark of the waters of the state; and

6. within five hundred (500) feet of a well site.

City of Cloverdale City Council – October 12, 2022 110
(Continued)
B. No person shall camp or obstruct a street, sidewalk, or other public rights-of-way by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property:

1. In a manner that impedes pedestrian passage on any sidewalk or walkway;

2. within ten (10) feet of any driveway or loading dock; or

3. within ten (10) feet of any building entrance or exit.

C. No person shall occupy or use an area greater than ten (10) feet by ten (10) feet for storage of unattended personal property on any City-owned parcel.

City of Cloverdale City Council – October 12, 2022 111
(A)Consider adopting an ordinance amending Title 9 of the Cloverdale Municipal Code to repeal Chapter 9.34, “Human Habitation of Vehicles and Campers”, and add Chapter 9.35, “Protection of Critical Infrastructure and Wildfire Risk Areas”.
(B) Authorize staff to bring items back to council for a public hearing City of Cloverdale City Council – October 12, 2022 112
113
1 Michael Maloney
From: Michael Maloney
Sent: Wednesday, October 12, 2022 12:21 PM
To: City Council Members
Subject: FW: Council Report 9/29-10/12
Please do not reply to all.

FYI – Please see Councilmember Bagby’s report below.

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, October 12, 2022 11:23 AM
To: Michael Maloney <[email protected]>
Subject: Council Report 9/29‐10/12
9/30 Attended EDB Fall Economic Forecast breakfast in Santa Rosa 10/1 Attended Cloverdale Harvest Fair and Alchemy Collective ribbon cutting in downtown Cloverdale 10/3 Attended SCTA ad hoc committee Future of Transit meeting 10/5 Attended SMART board meeting. Mark your calendar: SMART pathway and City of Petaluma opening new pathway 10/22
10/6 Attended SCTA/RCPA board meeting. Staff gave a great overview of opportunities and timelines regarding the Inflation Reduction Act (see presentation slides here)
10/7 Attended Sonoma Clean Power's Advanced Energy Center grand opening event in Santa Rosa 10/10 Attended SCTA/RCPA Executive Committee and Board Meetings SCTA October Newsletter | RCPA October Newsletter
10/11 Met with City staff and Santa Rosa Certified Farmer’s Market staff at Cloverdale Plaza regarding November event and CFM plans to begin March 2023
Melanie Bagby
Councilmember, City of Cloverdale
707‐893‐7170 • [email protected]
www.facebook.com/cccmbagby/
114
1 Michael Maloney
From: Michael Maloney
Sent: Wednesday, October 12, 2022 1:32 PM
To: City Council Members
Subject: FW: Activities Report
Attachments: Activities Report Aug-Oct 14.pdf; BIPOC - Sonoma County Oct 12.pdf Please do not reply to all.

FYI – Please see Councilmember Cruz’ report attached.

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

Cloverdale, CA 95425
Office: (707) 894‐1712
www.cloverdale.net
From: Marta Cruz <[email protected]>
Sent: Wednesday, October 12, 2022 1:28 PM
To: Michael Maloney <[email protected]>
Cc: David Kelley <[email protected]>
Subject: Activities Report
Aug ‐ Oct 14
Marta Cruz-Concepción, Councilmember
Cloverdale City Council
124 N Cloverdale Blvd
Cloverdale, CA 95425
707‐894‐2521
[email protected]
https://www.cloverdale.net
115
Activities Report
Councilmember MARTA CRUZ
[email protected]
July 28 – October 14, 2022
Date Activity Contact
Aug 3 Meeting with City Manager: Miscellaneous topics D. Kelley Aug 4 Meeting with Community Leader: Miscellaneous topics L. Mayberry Meeting with Windsor Council Candidate: Collaboration G.L.

Aug 5 Meeting with District 4 Staff J. Chamberlain
Dinner with La Familia Sana J. Weymouth
Aug 6 Meeting with Windsor Vice Mayor E. Lemus
Community Event: Movie at CPAC LFS
Aug 9 Attended Homelessness Committee Mtg T. Lands
Aug 10 City Council
Aug 11 Sonoma County Commission on the Status of Women J. Blalock Aug 18 Zero Waste Sonoma Board Mtg L. Lukacs
Redwood Empire Division Meetings S. Sanders
Aug 19 WELL V. Griego
Redwood Empire Division Meetings S. Sanders
Aug 23 Resilient Cloverdale Seminar at Fairgrounds J. Ferguson Aug 24 City Council
Aug 25 Russian River Watershed Association Board Mtg A. Rogers Aug 26 Women’s Equality Day Events Santa Rosa
Aug 31 Meeting with CLV Pomo Ranchería Silver
Sept 7-10 League of California Cities Convention
Latino Caucus; Women’s Caucus
S. Sanders
Sept 13 La Familia Sana Board Mtg J. Weymouth
Sept 14 Zero Waste Sonoma Calls L. Lukacs
City Council
Sept 15 Zero Waste Sonoma Board Mtg L.L.

Sept 28 City Council
Sept 29 Government Classes at CLV High School Mr. Howseman Conversation with CLV Senior Center Staff M. Hall
Sept 30 Government Classes at CLV High School
Oct 5 Contacted Corazón Healdsburg: Assistance to Constituents H. Fox Contacted La Familia Sana: Mental Health B. Ennis
Oct 11 Communication with CLV Pomo Ranchería Silver
Oct 12 Communications with SON Cty BIPOC Councilmembers O. Jiménez City Council
Oct 13 Sonoma County Commission on the Status of Women J. Blalock Oct 14 Special City Council Meeting J. Sánchez
116
DATE: Wednesday, October 12, 2022

STATEMENT FOR IMMEDIATE RELEASE
CONTACT:

Marta Cruz
[email protected]
Councilmember &
Former Mayor
City of Cloverdale (949) 726-2006
Osvaldo Jiménez
[email protected]
Mayor City of Healdsburg (707) 529-2162
Esther Lemus
[email protected]
Vice Mayor Town of Windsor (707) 836-6315
Joint Statement Condemning Hate Speech by Los Angeles Officials and Calling for their Immediate Resignation

Sonoma County’s Black, Indigenous, Peoples of Color (BIPOC) City Elected Officials’ Marta Cruz, City of Cloverdale
Ozzy Jiménez, City of Healdsburg
Esther Lemus, Town of Windsor
Eddie Alvarez, City of Santa Rosa
Natalie Rogers, City of Santa Rosa
Jackie Elward, City of Rohnert Park
Samantha Rodríguez, City of Rohnert Park
Sylvia Lemus (Elect), City of Cotati
Jack Ding, City of Sonoma
Madolyn Agrimonti, City of Sonoma
SONOMA COUNTY, CA – Sonoma County’s Black, Indigenous, Peoples of Color (BIPOC) City Elected Officials condemn the hateful speech by Los Angeles Councilmember and former President Nury Martínez, Councilmembers Kevin De León and Gil Cedillo, and former Los Angeles Federation of Labor President Ron Herrera. We are calling for their immediate resignation as councilmembers.

We are appalled at the egregious and highly offensive anti-Black, anti-indigenous, anti-LGBTQ, and anti-Asian (Koreatown) comments which are not only dehumanizing, but also unbecoming for elected officials from the most diverse city in California.

At a time when hate speech and hate crimes are at an all-time high, nationally, against communities of color, such speech is not only painful and angering, but also serves to harm the solidarity that has been built over years of shared struggle amongst our Black, Brown, Indigenous, and Asian brothers and sisters.

The western Hemisphere is the home of multiple indigenous groups. Every country has Indigenous and African heritage, this must be acknowledged by all. The contributions of great 117
civilizations are present in our daily life. Once we accept the roots of our people, we will be able to continue in the effort to advance as a society.

We are particularly sickened by former Los Angeles City Council President and current Councilmember Nury Martínez’s racist attack on a young, Black toddler and her racist, historic use of the word monkey to describe him.

Our Black/African American and Indigenous brothers and sisters have been in the battle for equity and justice for over 400 years in Latin America and the USA. We as LatinX cannot deny the Indigenous, African, and Asian heritage in Latin American countries, many of us share African & Indigenous blood and heritage, too.

We condemn this divisive and hateful speech and stand with our Black/African American, Afro Latin Americans, Asian, LGBTQ, and all indigenous communities in calling for the resignation of Los Angeles City Councilmembers Nury Martínez, Kevin De León, and Gil Cedillo and their acceptance of full responsibility. They are not deserving of a post as elected officials since constituents are to be respected regardless of their race, heritage, sexual orientation, or financial standing in life.

We stand united in our condemnation of these recent statements and call for resignation of the Councilmembers. We continue to work hard to build solidarity and bring healing within and throughout all our communities in furtherance of our work for a more equitable and just community for everyone.
###
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Cloverdale City CouncilOctober 12, 2022

Cloverdale City Council
October 12, 2022