Minutes — Cloverdale City Council, February 22, 2023

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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, FEBRUARY 22, 2023
CLOSED SESSION - 5 PM | OPEN SESSION - 6 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425

CLOSED SESSION
A. OPENING CLOSED SESSION:

Call to Order - Mayor Lands called the meeting to order at 5:00 p.m.

Roll Call - Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler - Absent: None.

Closed Session Agenda Review (Changes and/or Deletions) - None.

PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

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

Mayor Lands recessed the meeting into closed session at 5:01 p.m.

A.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
(Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Thomas Lion and Colleen Shields v. City of Cloverdale, Superior Court of California, County of Sonoma
Case No.: SCV 262894
ACTION: The item was received and filed.

Mayor Lands adjourned Closed Session at 5:22 p.m.

OPEN SESSION
B. 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: Bagby, Morgenstern, Wheeler - Absent: None.

Report Out on Closed Session - None.

Conflict of Interest Declaration - None.

Agenda Review (Changes and/or Deletions) - None.

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C. PUBLIC COMMENTS:

None.

D. COMMUNICATIONS
None.

E. PROCLAMATIONS/PRESENTATIONS
E.1 Presentation - Student Liaison Report
Student Liaison Garcia reported.

F. CONSENT CALENDAR:

Mayor Lands pulled item F.5 from the Consent Calendar at the request of Councilmember Bagby.

ACTION: A motion was made by Vice Mayor Wolter, seconded by Councilmember Bagby, to waive reading of the text and adopt items F.1-F.4, excluding item F.5 of the Consent Calendar.

The motion carried by the following vote:

Yes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler No (0) - None
Absent (0) - None
Abstain (0) - None
F.1 Minutes Approval - February 8, 2023
ACTION: Approved as submitted
F.2 Budget amendment to the FY 2022-23 Operating budget to cover additional costs due to the increase in price for chemicals in both the Water and Wastewater Enterprises.

ACTION: Resolution was adopted
RESOLUTION NO. 015-2023 ENTITLED: RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2022-23 BUDGET IN THE CITY OF CLOVERDALE WASTEWATER TREATMENT OPERATING SUPPLIES FUND (630-40-800- 43115) IN THE AMOUNT OF $50,000 AND THE CITY OF CLOVERDALE WATER TREATMENT OPERATING SUPPLIES FUND (600-40-800-43115) IN THE AMOUNT OF $50,000 F.3 Amend the Fiscal Year 2022-23 budget to cover the cost of change orders associated with the construction of the City Park Basketball Project.

ACTION: Resolution was adopted
RESOLUTION NO. 016-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $78,652

ESTABLISHING AN UPDATED PROJECT BUDGET FOR THE CITY PARK BASKETBALL PROJECT IN THE AMOUNT OF $557,437
F.4 A resolution terminating the State of Local Emergency Regarding COVID-19 on February 28, 2023, or at such other time that the State of California’s COVID-19 state of emergency is terminated ACTION: Resolution was adopted

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RESOLUTION NO. 017-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO THE NOVEL CORONAVIRUS (“COVID-19”)
Consent Calendar Pulled Items:

F.5 Amended Policy for the Outdoor Display of Flags to include Rotary “Peace” flag and agreement with the Rotary Club of Cloverdale to Install a Commemorative Flagpole on the Cloverdale Park Plaza for Display of a “Peace” and other Commemorative Flags approved by the City Council City Manager Kelley introduced the item and Rotary representative Green presented and responded to Councilmember inquiries.

City Attorney Sanchez responded to Councilmember inquiries and comments.

Public Comment period:

Richard Greene spoke in opposition to the item.

Jane Elias spoke in opposition to the item.

Maria Alvarez spoke in opposition to the item.

Walker J. Rugino spoke regarding the item.

Reece Foxen spoke in opposition to the item.

Council addressed Public Comments and discussed the item and alternative amendments.

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

RESOLUTION NO. 018-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING AN AMENDED FLAG POLICY FOR THE OUTDOOR DISPLAY OF FLAG BY

THE CITY OF CLOVERDALE AND AN AGREEMENT WITH THE CLOVERDALE ROTARY POLICY TO INSTALL A FLAGPOLE ON THE PARK PLAZA FOR DISPLAY OF A “PEACE” FLAG AND OTHER

COMMEMORATIVE FLAGS APPROVED BY THE CITY COUNCIL
The motion carried by the following vote:

Yes (4) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Morgenstern, Wheeler No (1) - Councilmember Bagby
Absent (0) - None
Abstain (0) - None
City Attorney Sanchez confirmed the amendments and Councilmembers provided additional statements.

Mayor Lands recessed the meeting at 7:05 p.m. and reconvened at 7:10 p.m.

G. PUBLIC HEARINGS
None.

H. NEW BUSINESS
H.1 Continued Discussion on Potential Participation in Countywide Ban on Construction of New Gas Station Infrastructure
Assistant City Manager Thompson presented.

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Council discussed the item.

Public Comment period:

Rob Koslowsky provided comments and suggestions.

Reece Foxen provided comments and suggestions.

Dave Delgado provided comments and suggestions.

ACTION: A motion was made by Vice Mayor Wolter, seconded by Councilmember Morgenstern to postpone discussion on potential participation in the countywide ban to a date uncertain.

The motion carried by the following vote:

Yes (4) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Morgenstern, Wheeler No (1) - Councilmember Bagby
Absent (0) - None
Abstain (0) - None
H.2 Dog Park Capital Improvement Project
City Manager Kelley introduced the item and Assistant City Manager Thompson and Park Superintendent Gálván presented.

Staff responded to Councilmember comments and inquiries.

Public Comment Period:

Paul Lasker spoke in support of the item and provided suggestions.

Walker J. Rugino spoke in support of the item and provided suggestions.

Bonnie Bernelson spoke in support and provided suggestions.

Councilmembers and Staff discussed potential resolution amendments.

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

RESOLUTION NO. 019-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE AUTHORIZING THE INITIATION OF THE CONSTRUCTION OF A DOG PARK ON A PROPERTY OWNED BY THE SONOMA MARIN AREA RAIL TRANSIT (SMART) LOCATED AT 501 S. ASTI ROAD (APN 116-260-047), APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT

PROGRAM (CIP) TO INCLUDE A REVISED DOG PARK CIP PROJECT WORKSHEET AND COST ESTIMATE, APPROVING A BUDGET AMENDMENT TO FY 22/23 BUDGET IN THE AMOUNT NOT TO EXCEED $245,000, AUTHORIZING THE CITY MANAGER TO ENTER INTO LICENSE AGREEMENT WITH SMART IN

A FORM APPROVED BY THE CITY ATTORNEY AND APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH MOE ENGINEERING FOR DESIGN WORK IN AND AMOUNT NOT TO EXCEED $25,500 The motion carried by the following vote:

Yes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler No (0) - None
Absent (0) - None
Abstain (0) - None

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H.3 Update on Remote Participation in Public Meetings
City Attorney Sanchez presented and responded to Councilmember inquiries and comments.

I. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter Finance, Administration & Police: Chair Lands reported.

Last Meeting Agenda | Next Meeting - March 6, 2023 (January 2, 2023 Cancelled) Planning & Sustainability: Chair Bagby reported.

Last Meeting Agenda | Next Meeting - February 21, 2023 (and March 8, 2023) Public Works & Facilities: Chair Wolter reported.

Last Meeting Agenda | Next Meeting - February 28, 2023
Joint City/Cloverdale Unified School District: Chair Lands reported.

Last Meeting Agenda| Next Meeting -April 17, 2023 (February 20, 2023 Cancelled) Homelessness Community Advisory Group: Chair Wheeler reported.

Last Meeting Agenda| Next Meeting - June 12, 2023
J. COUNCIL REPORTS
None.

J.1 Written Reports: Councilmember Bagby and Councilmember Morgenstern K. INFORMATIONAL REPORTS
None.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.

M. CITY MANAGER/CITY ATTORNEY REPORT(S)
None.

N. STATUS UPDATES
CURRENT IMPACTS TO WATER SUPPLY - City Manager Kelley reported.

O. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

P. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:30 p.m. to the next regularly scheduled meeting of the City Council on March 8, 2023.

Approved On: March 22, 2023
_______________________
Mike Maloney, City Clerk
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
CLOSED SESSION: 5 PM

THIS PORTION OF THE MEETING IS CLOSED TO THE PUBLIC
OPEN SESSION: 6 PM

THIS PORTION OF THE MEETING IS OPEN TO THE PUBLIC
PUBLIC PARTICIPATION:

City Council welcomes public interest, attendance, and participation at meetings.

Attendees may join open session both in-person at theCloverdale Performing Arts Center, 209 N. Cloverdale Blvd, virtually at www.zoom.us/join, or by telephone: 1.669.900.6833, both using Meeting ID: 823 1668 4527; or directly online at https://us02web.zoom.us/j/82316684527 Regular City Council meetings are also streamed on YouTube via live webcast at cloverdale.net/youtube.

Members of the public may 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 the Brown Act.

AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, FEBRUARY 22, 2023

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 CLOSED SESSION
A. OPENING CLOSED SESSION:

Call to Order
Roll Call
Closed Session Agenda Review (Changes and/or Deletions) PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

Prior to recessing into Closed Session, the public may speak on items to be addressed in Closed Session. Per City Council Policy, three minutes are allotted to each speaker.

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

OPEN SESSION
B. OPENING PUBLIC SESSION
Call to Order
Pledge of Allegiance
Roll Call
Report Out on Closed Session
Conflict of Interest Declaration
Agenda Review (Changes and/or Deletions)
C. PUBLIC COMMENTS:

Any person wishing to speak to the City Council on any item not listed on the agenda may do so at this Ame.

Members of the public have the right to speak on any item on the Council Agenda at the Ame 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.

D. COMMUNICATIONS
Council may discuss at this Ame wriBen communications sent to Councilmembers since the last council meeAng.

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

E. PROCLAMATIONS/PRESENTATIONS
E.1 Presentation - Student Liaison Report
F. CONSENT CALENDAR:

All items under the Consent Calendar will be considered together by one acAon of the City Council unless any Councilmember or member of the public requests that an item be removed and considered separately.

F.1 Minutes Approval - February 8, 2023
Recommended Action(s):
2 Approve the February 8, 2023 Draft Minutes.

F.2 Budget amendment to the FY 2022-23 Operating budget to cover additional costs due to the increase in price for chemicals in both the Water and Wastewater Enterprises.

Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City of Council of the City of Cloverdale Approving a Budget Amendment to the Fiscal Year 2022-23 Budget In the City Of Cloverdale Wastewater Treatment Operating Supplies Fund (630-40-800-43115) in the Amount of $50,000 and the City Of Cloverdale Water Treatment Operating Supplies Fund (600-40-800-43115) In the Amount of $50,000.”
F.3 Amend the Fiscal Year 2022-23 budget to cover the cost of change orders associated with the construction of the City Park Basketball Project.

Recommended Action(s):

Adoption of a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale approving a budget amendment in the amount of $78,652 establishing an updated project budget for the City Park Basketball Project in the amount of $557,437.

F.4 A resolution terminating the State of Local Emergency Regarding COVID-19 on February 28, 2023, or at such other time that the State of California’s COVID-19 state of emergency is terminated Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Terminating the Existence of a Local Emergency Related to the Novel Coronavirus (“COVID-19”).

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Approving an Amended Flag Policy for the Outdoor Display of Flag by the City of Cloverdale and an Agreement with the Cloverdale Rotary Policy to Install a Flagpole on the Park Plaza for display of a “Peace” Flag and other Commemorative Flags Approved by the City Council.” February 8, 2023 - Draft Minutes
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Budget Amendment Form
Attachment 3 - Water Treatment Plant Chlorine
Attachment 4 - Wastewater Plant Chlorine
Attachment 5 - Caustic Soda Increase
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Budget Amendment Form
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Resolution 032-2020
Agenda Report
3 G. PUBLIC HEARINGS
H. NEW BUSINESS
H.1 Continued Discussion on Potential Participation in Countywide Ban on Construction of New Gas Station Infrastructure
Recommended Action(s):

Receive update on countywide ban on construction of new gas stations and discussion on the City potentially participating in the countywide ban and provide direction to staff.

H.2 Dog Park Capital Improvement Project
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale authorizing the initiation of the construction of a dog park on a property owned by the Sonoma Marin Area Rail Transit (SMART) located at 501 S. Asti Road (APN 116-260-047), approving an amendment to the Capital Improvement Program (CIP) to include a revised Dog Park CIP project worksheet and cost estimate, approving a Budget Amendment to FY 22/23 Budget in the amount not to exceed $199,433, authorizing the City Manager to enter into license agreement with SMART in a form approved by the City Attorney and approve a Professional Service Agreement with Moe Engineering for design work in and amount not to exceed $25,500.”
H.3 Update on Remote Participation in Public Meetings
Recommended Action(s):

Receive information and provide staff direction, if needed.

Attachment 1 - Resolution
Attachment 1 - Resolution (Amended) -2.22.2023 11:35 a.m.

Attachment 2 - Exhibit A - Amended Policy
Late Correspondence as of 2.21.2023 235 p.m.

Agenda Report
Attachment 1 - RCPA Staff Report and Resolution
Attachment 2 - RCPA Power Point - 9.13.2021
Attachment 3 - Climate Emergency Resolution
Attachment 4 - Non-Conforming Gas Stations Sect. 18.02.095 Attachment 5 - CONGAS Letter Dated October 14, 2022
Late Correspondence as of 2.22.2023 1130am
Agenda Report
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Revised CIP Sheet
Attachment 3 - Exhibit B - Budget Amendment Form
Attachment 4 - Exhibit C - License Agreement
Attachment 5 - Exhibit D - MOE Engineering Proposal
Attachment 6 - Fencing Proposal
Attachment 7 - Presentation
Agenda Report
Attachment 1 - AB 2449
Attachment 2 - Traditional Brown Act Teleconferencing
4 I. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter Finance, Administration & Police:

Last Meeting Agenda | Next Meeting - March 6, 2023 (January 2, 2023 Cancelled) Planning & Sustainability:

Last Meeting Agenda | Next Meeting - February 21, 2023 (and March 8, 2023) Public Works & Facilities:

Last Meeting Agenda | Next Meeting - February 28, 2023
Joint City/Cloverdale Unified School District:

Last Meeting Agenda| Next Meeting -April 17, 2023 (February 20, 2023 Cancelled) Homelessness Community Advisory Group:

Last Meeting Agenda| Next Meeting - June 12, 2023
J. COUNCIL REPORTS
J.1 Written Reports
K. INFORMATIONAL REPORTS
L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
M. CITY MANAGER/CITY ATTORNEY REPORT(S)
N. STATUS UPDATES

CURRENT IMPACTS TO WATER SUPPLY
O. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
(City Council and Council Subcommittee)
P. ADJOURNMENT
To the next regular meeting of the City Council scheduled for March 8, 2023

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 www.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: 2.16.2023 Time posted: 5:15 p.m. City Clerk Signature: s/Mike Maloney

IMPORTANT NOTICES REGARDING CITY COUNCIL MEETINGS
Attachment 3 - Presentation
Councilmember Bagby
Councilmember Morgenstern
5 SPECIAL NEEDS ACCOMMODATIONS: In compliance with the Americans with DisabiliAes Act and Title VI, if you need special assistance to parAcipate in this meeAng, please contact the City Clerk's office at [email protected] or 707.894-1712. NoAficaAon at least 72 hours prior to the meeAng will enable the City to make reasonable accommodations are made to provide accessibility to the meeting.

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

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

TRANSCRIPTIONS: The City does not transcribe its proceedings, however, Zoom translaAon may be available upon request. Anyone who desires a verbal or wriBen record of this meeAng should arrange for an aBendant by a court reporter or for other acceptable means of recording. Such arrangement will be at the sole expense of the individual requesAng the recordaAon. QuesAon about this agenda should be directed to City Hall at 707-894-2521. Video recordings are available at www.cloverdale.net/agendacenter The City of Cloverdale thanks you in advance for taking all precautions to prevent spreading COVID-19. 6 Page | 1
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - DRAFT

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

COMMUNITY DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS WEDNESDAY, FEBRUARY 8, 2023
CLOSED SESSION: 5PM, OPEN SESSION: 6PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425

CLOSED SESSION
A. OPENING CLOSED SESSION:

Call to Order - Mayor Lands called the meeting to order at 5 p.m.

Roll Call - Present: Mayor Lands, Vice Mayor Wolter, Councilmembers Bagby, Morgenstern, Wheeler

Absent: None.

Closed Session Agenda Review (Changes and/or Deletions) - None.

PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

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

Mayor Lands recessed the meeting to Closed Session at 5:01 p.m.

A.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Government Code Section 54956.8)
Property: APN 116-110-025, APN 116-110-024, 115-220-004 Agency Negotiator: City Attorney Sanchez, City Manager Kelley, and Assistant City Manager Thompson
Negotiating Parties: Johnson Michael L TR ET AL c/o Gerald Angeli Under Negotiation: Price and terms
ACTION: The item was received and filed.

A.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Government Code Section 54956.8)
Property: APN: 117-040-070
Property Owner: County of Sonoma
Agency Negotiator: City Attorneys Sanchez and Mog, City Manager Kelley, and Assistant City Manager Thompson
Negotiating Parties: Jeremy Fonseca , County Counsel’s Office Under negotiation: Price and Terms
ACTION: The item was received and filed.

Mayor Lands adjourned Closed Session at 5:52 p.m.
7 Page | 2

OPEN SESSION
B. OPENING PUBLIC SESSION
Call to Order - Mayor Lands called the meeting to order at 6:08 p.m.

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

Roll Call - Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler - Absent: None.

Report Out on Closed Session - None.

Conflict of Interest Declaration - None.

Due to technical issues the Mayor re-addressed item B. for the record.

Agenda Review (Changes and/or Deletions) - None.

Mayor Lands provided a ceremonial retirement of the City Council and Planning Commission gavel, after 87 years of use, and recognized Paul Giovannetti, a direct descendant of A. Jos. Giovannetti, ExCity Clerk who presented the gavel on January 1, 1936. Paul Giovannetti addressed the Council, and Vice Mayor Wolter provided appreciation for his family’s contribution to the City of Cloverdale.

C. PUBLIC COMMENTS:

None.

D. COMMUNICATIONS
None.

E. PROCLAMATIONS/PRESENTATIONS
E.1 Presentation - Student Liaison Report
Student Liaison Garcia reported.

E.2 Proclamation - Recognizing Black History Month
Mayor Lands presented the proclamation.

F. CONSENT CALENDAR:

Mayor Lands pulled item F.8 from the Consent Calendar at the request of Vice Mayor Wolter.

ACTION: A motion was made by Councilmember Bagby, seconded by Vice Mayor Wolter, to waive reading of the text and adopt items F.1-F.7, excluding item F.8 of the Consent Calendar.

The motion carried by the following vote:

Yes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler No (0) - None.

Absent (0) - None.

Abstain (0) - None.

F.1 Minutes Approval - January 11, 2023
ACTION: Approved as submitted
F.2 Minutes Approval - January 25, 2023
ACTION: Approved as submitted
8 Page | 3
F.3 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. 008-2023 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 F.4 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 2023-24 Community Development Block Grant Funding for the City 1st street sidewalk ADA improvement project ACTION: Resolution was adopted
RESOLUTION NO. 009-2023 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 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUNDING FOR THE 1ST STREET SIDEWALK ADA PROJECT F.5 Minor Construction Agreement with PumpMan Norcal for pump repair services for the City of Cloverdale Water Treatment Plant and Water Distribution System ACTION: Resolution was adopted
RESOLUTION NO. 010-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A MINOR CONSTRUCTION AGREEMENT WITH PUMPMAN NORCAL IN AN AMOUNT NOT TO EXCEED $107,248.46 TO 1.) REBUILD EFFLUENT PUMP WITH A NEW MOTOR ($41,055.71); 2.) 20HP FLOWAY TURBINE TRANSFER PUMP AND INSTALL ($57,070.72); AND 3.) FOOTHILL PUMP SERVICE ($9,122.03) FOR PUMP REPAIR SERVICES FOR THE CITY OF

CLOVERDALE WATER TREATMENT PLANT AND WATER DISTRIBUTION SYSTEM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
F.6 Resolution authorizing the City Manager to sign and record a deed restriction to fulfill the requirements of the Per Capita Grant Program partially funding the installation of two full sized basketball courts at 2nd Street City Park
ACTION: Resolution was adopted
RESOLUTION NO. 011-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE AUTHORIZING THE CITY MANAGER TO SIGN AND RECORD A DEED

RESTRICTION FOR THE CITY PARK BASKETBALL COURT PROJECT TO SATISFY CONDITIONS

CONTAINED IN THE PER CAPITA PROGRAM GRANT CONTRACT
F.7 Memorandum of Understanding between the City of Cloverdale and Northern Sonoma County Community Emergency Response Team (CERT)
ACTION: Resolution was adopted
9 Page | 4
RESOLUTION NO. 012-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

CLOVERDALE AND THE NORTHERN SONOMA COUNTY COMMUNITY EMERGENCY

RESPONSE TEAM (CERT) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID

AGREEMENT
Consent Calendar Pulled Items:

F.8 Appointment of Brooke Greene to Serve a Four-Year Term as Cloverdale’s Representative on the Sonoma County Library Commission
Vice Mayor Wolter introduced the item and Brooke Greene addressed the Council.

Public Comment: Reece Foxen, previous Sonoma County Library Commissioner, spoke in support of the appointment.

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

RESOLUTION NO. 013-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPOINTING BROOKE GREENE TO SERVE A FOUR-YEAR TERM AS CLOVERDALE’S REPRESENTATIVE ON THE SONOMA COUNTY LIBRARY COMMISSION The motion carried by the following vote:

Yes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler No (0) - None.

Absent (0) - None.

Abstain (0) - None.

City Clerk Maloney swore Sonoma County Library Commissioner Greene into Office.

G. PUBLIC HEARINGS
None.

H. NEW BUSINESS
Mayor Lands re-ordered the agenda to see item H.3, followed by H.1, H.2, and H.3.

H.1 Mid-Year Review of Adopted Budget Goals for the City of Cloverdale Fiscal Year 2022-2024 Budget City Manager Kelley introduced the item and presented.

Chief Ferguson presented.

Staff responded to Council inquiries and comments.

ACTION: Council received an update on budget goals for the fiscal year 2022-2024 operating budget and provided direction to staff.

H.2 Mid-Year Financial Report for Fiscal Year 2022-23
City Manager Kelley introduced the item and Finance Director Holmes presented.

Staff responded to Council inquiries and comments.
10 Page | 5
ACTION: Council accepted the Mid-Year Financial Report for Fiscal Year 2022-23 and provided direction to staff.

H.3 Review Request by Cloverdale Rotary Policy to Install a Flagpole on the Cloverdale Park Plaza for Display of a “Peace” Flag
City Manager Kelley presented and responded to Councilmember inquiries and comments.

Vice Mayor Wolter added correspondence regarding a “Peace Pole” at the Veterans building into the record.

Rotary representative Green addressed the Council.

Councilmembers and the Student Liaison provided their preferences based on the attached flag exhibits.

ACTION: Council discussed the request by Cloverdale Rotary Policy to install a flagpole at the Park Plaza for display of a “Peace” flag and provide direction to City Staff.

Public Comment:

Reece Foxen commented and provided policy and location recommendations.

Jane Elias commented and provided policy and location recommendations.

Mayor Lands responded to Public Comment.

H.4 City of Cloverdale Travel, Advance, And Reimbursement Policy City Manager Kelley presented and responded to Councilmember inquiries.

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

RESOLUTION NO. 014-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING A TRAVEL, ADVANCE, AND REIMBURSEMENT POLICY The motion carried by the following vote:

Yes (5) - Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler No (0) - None.

Absent (0) - None.

Abstain (0) - None.

I. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter
Finance, Administration & Police: Chair Lands reported.

Last Meeting Agenda | Next Meeting - February 6 and March 6, 2023 Planning & Sustainability: Chair Bagby reported.

Last Meeting Agenda | Next Meeting - February 21, 2023
11 Page | 6
Public Works & Facilities: Chair Wolter reported.

Last Meeting Agenda | Next Meeting - February 28, 2023
Joint City/Cloverdale Unified School District: Chair Lands reported.

Last Meeting Agenda | Next Meeting - April 17, 2023 (February 20, 2023 Cancelled) Homelessness Community Advisory Group: Chair Wheeler reported.

Last Meeting Agenda | Next Meeting - February 13, 2023
Councilmember Bagby addressed potential scheduling changes.

J. COUNCIL REPORTS
J.1 Written Reports - None.

K. INFORMATIONAL REPORTS
None.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
None.

M. CITY MANAGER/CITY ATTORNEY REPORT(S)
City Manager Kelley and City Attorney Mog reported and responded to Council inquiries.

N. STATUS UPDATES
WINTER STORMS - City Manager Kelley reported.

CURRENT IMPACTS TO WATER SUPPLY - City Manager Kelley reported.

COVID-19 EMERGENCY - City Manager Kelley reported.

O. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Mayor Lands - Downtown striping item to Public Works and Facilities Subcommittee.

P. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:39 p.m. to the next regularly scheduled meeting of the City Council scheduled for February 22, 2023.

Approved on: February 22, 2023
________________________
Mike Maloney, City Clerk
12 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

F.2
February 22, 2023
Agenda Section:

Consent
Staff Contact:

Derrick Montanye, Public Works Director
Agenda Item Title:

Budget amendment to the FY 2022-23 Operating budget to cover additional costs due to the increase in price for chemicals in both the Water and Wastewater Enterprises.

Recommended Council Action(s):

The FY 22/23 Budget includes $82,750 in Water Operations funding for the purchase of Operating Supplies and $72,600 in Sewer Operations funding for the purchase of Operating Supplies. The operating supplies budget is utilized to purchased treatment chemicals necessary for the safe operations of the water and wastewater treatment facilities.

Due to the rising prices of treatment chemicals used in both the Water Treatment Plant and the Wastewater Treatment Plant, the originally budgeted amounts in the FY 2022-23 budget will not be adequate to cover the increased cost of treatment chemicals necessary to continue to operate both plants for the remainder of the fiscal year.

Chlorine is used in the treatment process at both plants. Between Jan. 10th 2022 to Jan. 23rd 2023 the price paid per cylinder at the Wastewater plant increased 100.4% and the price paid per cylinder at the water treatment plant increased 121.1%.

Caustic Soda is also used at the Water Treatment Plant and has increased from $2.74 Per gallon in 2022 up to $4.23 Per gallon in 2023, a 54.3% increase in the cost of this treatment chemical.

Table 1 - Operating Supplies price increase:

Item Price Each 2022 Price Each 2023 Percentage increase Chlorine -150# CYL. $314.00 $696.00 121.1%
Chlorine -Western Valve – 2000# $1272.00 $2550.00 100.4% Caustic Soda-Liq 50% $2.74 Per Gal. $4.23 Per Gal. 54.3% In order to cover the increased cost of purchasing chemicals for the water and wastewater treatment processes, a budget amendment is necessary to increase the operating supplies budget $50,000 from 13 $82,750 in the Water Operations fund to $132,750 and an increase of $50,000 in the operating supplies budget in the Sewer Operations Fund from $72,600 to $122,600.

Alternative Options:

1. Reject proposed resolution; or

2. Provide direction to staff
Subcommittee Recommendation:

Bring forward for Council consideration.

Budget/Financial Impact:

Addition of $50,000 to Water Operations Fund# 600-40-800-43115 Addition of $50,000 to Sewer Operations Fund# 630-40-800-43115 Attachments:

Attachment 1 - Resolution
Attachment 2 - Exhibit A
Attachment 3 - Water Treatment Chlorine Billing
Attachment 4 - Wastewater Chlorine Billing
Attachment 5 - Caustic Soda Billing
14 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2022-23 BUDGET IN THE CITY OF CLOVERDALE WASTEWATER TREATMENT OPERATING SUPPLIES FUND (630-40-800-43115) IN THE AMOUNT OF $50,000 AND THE CITY OF CLOVERDALE WATER TREATMENT OPERATING SUPPLIES FUND (600-40-800-43115) IN THE AMOUNT OF $50,000.

WHEREAS, it is necessary to continue the proper and safe operation of the City of Cloverdale Wastewater and Water Treatment Plants; and
WHEREAS, there is a need for additional funding in the adopted budget for the purchase of critical operating supplies (Chlorine and Caustic Soda) at the Wastewater and Water Treatment Plants; and WHEREAS, to continue and enhance operational efforts, staff requires additional funds for operating supplies; and
WHEREAS, the FY 22/23 contains $82,750 in Water Operations funding for the purchase of operating supplies and $72,600 in Sewer Operations funding for the purchase of operating supplies; and WHEREAS, it is necessary to increase funding in the amount of $50,000 to the Operating Supplies budget previously budgeted amount of $82,750 in the Water Operations fund for the purchase of operating supplies; and
WHEREAS, it is necessary to increase funding in the amount of $50,000 to the operating supplies budget previously budgeted amount of $72,600 in the Sewer Operations fund for the purchase of Operating Supplies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby approves a budget amendment attached hereto as Exhibit A transferring $50,000 to the City of Cloverdale wastewater treatment operating supplies fund (630-40-800-4311) and $50,000 to the City of Cloverdale water treatment operating supplies fund (600-40-800-43115) from the respective unencumbered fund balances in the Water and Wastewater Enterprise Funds (Fund 600 and Fund 630).

The foregoing Resolution No. ____-2023 was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 22nd day of February 22, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Approved: Attested:
____________________ _____________________
Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A - Exhibit A – Budget Amendment Worksheet
15 Budget Amendment Form

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount

REVENUE TOTAL -

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
600 800 50,000
630 800 50,000
EXPENDITURE TOTAL 100,000

PURPOSE
Date Date
Date Entered by Date
Prepared By
Derrick Montanye
Department Head Finance Director
Date Prepared
February 16, 2023
Account Description Account No.

Public Works
Account No.

Operating Supplies
Requesting Department
Account Description
City Manager
Operating Supplies
43115
43115
Increase to cover additional costs to chemicals due to increase in prices X:\Agenda Development\COUNCIL\2023 REPORTS\2-22-2023\Consent\2. Budget Amedment for Water Enterprise\PW Budget Amendment Form 16 Price Per CYL $314.70 as of Jan. 2022
17 Thatcher Company of California, Inc.
8625 Unsworth Ave
Sacramento CA 95828
United States
916-389-2517
Payer
Cl536 Cloverdale, City Of - Wtp
Invoice Address --·-· ---··-·--·-···-· ·-·------·
Cloverdale, City Of - Wtp
124 N Cloverdale Blvd
PO Box 217
Cloverdale CA 95425-3352
United States
Payment Terms
Net 30 days from Shipment
Date
Delivery Number (BOL)
124033
Discount Terms
___Del�'1'.�'! . ..:T
=
e
:..:
rm::::_s ______ -=�====��=-==::::::_ ___ _
FOB Origin, Freight PPD & ADD
Item
Number
Name
1336305 Chlorine - 150 # CYL - Poison Gas
Lot number 2212161065
INVOICEInvoice Number Delivery Date
Jan 23, 2023
Due Date
2023250108320 Feb 22, 2023
To pay
USD 2,417.05
Customer
Cl536 Cloverdale, City Of - Wtp
Delivery Address
-·
----··
··-··-··--···· ··-···· ----
---- ------·
---·--·· ...

Cloverdale, City Of - Wtp
590 E First St
Cloverdale CA 95425
United States
Customer Contact
Darren Hernandez
Customer Order Number
3000067402
Thatcher CSR
Dominique Stout
Order Date
Jan 17, 2023
Customer PO Number Account Manager
---------···---,_-., __ ,, _________ , _____ __ ···---·- · ········ ··· 3389 Michael Walker
300
Sales price Sales
Price
U/M
$4.6400 LB
Amount
$1,392.00
DEPCYL
MILL
Package deposit - CYL
CA Mill assessment - 2.1%
Freight Charge
Charge per Quantity $150.00
Charge per Quantity $0.00
$300.00
$29.23
,FRT00l $481.25
FRTFSC FSC Charge
2 '4 l '] .95"
oqffi
Lockbox Remittance Address:

LB 1106
Thatcher Company of California, Inc.

PO Box 35146
Seattle, WA 98124-5146
��-�
4;:>Jl�/
Items Total
Charges Total
--- ----·--
··
-
Order Total
"" ·---�-�--------
Sales Tax
Invoice Total
To pay
$96.25
USO $1,392.00.

USO $906.73
USO $2,298.73'
USO $118.32;
USO
USO

Page 1 of 1 ends

Price Per CYL $696 as of Jan. 2023
18 Thatcher Company of California, Inc.
8625 Unsworth Ave
Sacramento CA 95828
United States
916-389-2517
Payer
----··"·"·• "''-·
C1537 Cloverdale, City Of - Wwtp
Invoice Address
Cloverdale, City Of - Wwtp
PO Box 217
Cloverdale CA 95425-0217
United States
Payment Terms
Net 30 days from Shipment
Date
Discount Terms
Delivery Number (BOL) Requested Delivery Date
-· --· ---------
--------- 23725 ----Jan 11, 2022
---
Delivery Terms Delivery Method
-�----·· · - - - -
FOB Origin, Freight Collect Road transport
Invoice Number Delivery Date
-- --··· ········ ················-·-·-- ·---··-·��--
2022250101601 Jan 10, 2022

INVOICE
Due Date
------- Feb 9, 2022 ------
To pay
Customer
C1537 Cloverdale, City Oftwwtp
Delivery Address
Cloverdale, City Of/Wwtp
700
Cloverdale
Asti Rd.

CA 95425 -
United States
Customer Contact
Darren Hernandez
Customer Order Number
3000013860
Customer PO Number
Thatcher CSR
Katrina Nunez
Order Date
Jan 4, 2022
Account Manager
3242 Michael Walker
Item
Number
Name Invoice Quantity Order

1.1/M
Sales Price
Qty
Sales Sales Price
price 1.1/M
Amount
1336304 Chlorine - Western Valve - 2000
# CYL - Poison Gas
Lot number 2201051126
DEPCYL Package deposit - CYL
MILL CA Mill assessment - 2.1%
FRT00l Freight Charge
Lockbox Remittance Address:

LB 1106
Thatcher Company
PO Box 35146
Seattle, WA 98124-5146
2 2 CYL
CYL 2 $1272.000
0 CYL $2,544.00
$2000.00
$53.42
$437.50
.. , ._._ ----- ____ ,_ -----------------
Items Total USO
Charges Total USO
Order Total USO
Sales Tax USO
Total USO
To pay USD
$2,544.00.
$2,490.92
$5,034.92.
$0.00.
$5,034.92
$5,034.921
Price Per CYL $1272 as of Jan. 2022
19 Thatcher Company of California, Inc.
8625 Unsworth Ave INVOICESacramento CA 95828
United States
916-389-2517
Payer
__ ,__ ,. __ ,,, ,uu,-
Cl537 Cloverdale, City Of - Wwtp
Invoice Address
Invoice Number
2023250108321
To pay
USO 7,784.60
Customer
Delivery Date
Jan 23, 2023
Due Date
Feb 22, 2023
---····--··· --·····---·--·---·---------- -----·-·-··-·······'"···----··"'--"'"''- C1537 Cloverdale, City Of/Wwtp
Delivery Address
Cloverdale, City Of - Wwtp
PO Box 217
Cloverdale CA 95425-0217
United States
Payment Terms
Net 30 days from Shipment
Date
Discount Terms
Delivery Number (BOL) Requested Delivery Date
- - --·--·----------------·
124034 · Jan 24, 2023
Delivery Terms
FOB Origin, Freight PPD & ADD
Delivery Method
Road transport
Cloverdale, City Of/Wwtp
700 Asti Rd.

Cloverdale CA 95425
United States
Customer Contact Thatcher CSR
Darren Hernandez
Customer Order Number
3000067403
Customer PO Number
3390
Dominique Stout
Order Date
Jan 17, 2023
Account Manager
Michael Walker
Item Name Invoice Order Sales Price Qty Sales price Sales Amount , Number Quantity U/M Price
1336304 Chlorine - Western Valve - 2000 #
CYL - Poison Gas
FRT00l
FRTFSC
Lot number 2301161077
DEPCYL
MILL
Package deposit - CYL
CA Mill assessment - 2.1%
Freight Charge
FSC Charge
2 CYL
711i�.(Gb
3�qo
to?:,() <;sea ,. ,, ,, v, \>' '
•"-"" •·" •"" -
Lockbox Remittance Address:

LB 1106
Thatcher Company of California, Inc.

PO Box 35146
Seattle, WA 98124-5146
.�e>l \.;:-
U/M

2.00 CYL 2 $2550.0000 CYL
Charge per Quantity $1000.00
Charge per Quantity $0.00
$5,100.00
$2000.00
$107.10
$481.25
$96.25
Items Total USO $5,100.00 ,
Charges Total i USO $2,684.60
Order Total . USO
Sales Tax USD
Invoice Total USD
To pay USD
$7.784.60.
$0.00,
$7,784.60
$7,784.60·
Price Per CYL $2550 as of Jan. 2023
20 September 29 2021
Darren Hernandez
Cloverdale, City of - WTP
124 N. Cloverdale Blvd
PO BOX 217
Cloverdale, CA 95425 USA
Please find your current price schedule below.

Dear Darren Hernandez :

Product # Product Name Measure Price
Current
Price
Future Effective
From To Date
0300070 Caustic Soda-Liq 50% Membrane 1 # BULK 45000 99999 $0.21500 Per # Account Manager: Michael Walker. [email protected]. Mobile: 815-822-2526 Payment terms: 30 days from the shipping date
Freight terms: Prepaid Destination
Deposits will be refunded upon return to Thatcher plant For deliveries with product revenue of less than $700 before tax, a $75 minimum order fee will be applied unless specified otherwise. Will Call orders under $300 before tax will be subject to a $50 minimum order fee.

Please confirm prices when placing orders. Let me know if there are any questions. Thank you for your business.

Product cost at 3680 gallons: $10,104.00
Sales Tax (8.125%): $820.95
Total: $11,745.90
$2.7434 Per G
Thatcher Company of California, Inc.
21 THATCHER COMPANY OF CALIFORNIA, INC. Phone (916)-389-2517 Fax (801) 972-4606
8625 Unsworth Avenue
Sacramento, CA 95828

1.20.23 Dear Darren,
Please find below the current price for one full truckload of Caustic Soda 50%.

Contact information
Account Manager: Michael Walker
Email: [email protected]
Phone: Office (385) 354-5537. Mobile (815) 822-2526
Customer Service: Dominique Stout, Felix Solaybar
Email: [email protected]
Phone: (916) 389-2517
Product Description Product Code Packaging Min. Qty. Price Caustic Soda
Membrane 50%
1324000 Bulk 3750 (estimate) $0.332/#
($4.236/G)
Payment Terms: Net 30 from day of shipment
Freight Terms: Destination prepaid
Validity period: Through 2.15.23
Product price: 3,750 gallons x $4.236/G = $15,885
Sales Tax (assuming 8.5%): $15,885 x 0.085 = $1,350.23
Grand Total: $17,235.23
For email orders, submit to [email protected] and carbon copy me. For phone order placements, call (916)-389-2517. Please confirm your prices when placing your order. Thank you for your business!
22 City Council/Successor Agency
Agenda Item Summary Agenda Item: F.3
Meeting Date: February 22, 2023
Agenda Section:

Consent
Staff Contact:

Kevin Thompson, Assistant City Manager / Comm. Dev. Dir Hector Galvan, Parks Superintendent
Agenda Item Title:

Amend the Fiscal Year 2022-23 budget to cover the cost of change orders associated with the construction of the City Park Basketball Project.
________________________________________________________________________________________ Recommended Council Action(s):

Adoption of a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale approving a budget amendment in the amount of $78,652 establishing an updated project budget for the City Park Basketball Project in the amount of $557,437.
________________________________________________________________________________________ Background/Summary:

On October 26th, 2022, the City Council adopted Resolution 102-2022 awarding the BID for the construction of the City Park Basketball court construction to Rege Construction in the amount of $352,845. On March 9, 2022, the City Council adopted Resolution 021-2022B approving an agreement with Moe Engineering to provide design plans, bid and construction management servicesin the amount of $48,742. Both agreements include a 10% contingency bringing the total contract amount to $441,215. The FY 21/22 and FY 22/23 Budgets included $460,000 for the project.

Several unforeseen changes arose once construction (excavation) commenced. Due to a high-water table, the site needed to be treated with lime in order to meet required compaction standards. IN addition, there were additional utilities (gas line, drainpipe) that were not depicted on the approved construction plans that required further exploration and removal. A list of all the change orders totaling $97,437 can be found below.

Budget Summary:

Contracted Amount:

Rege Construction $388,129*
Moe Engineering $53,086*
TOTAL: $441,215
*Includes 10% contingency
Budgeted Amounts:

FY 2021-2022 $60,000
FY 2022-2023 $400,000
TOTAL: $460,000
Change Order Summary (No. 1-6):

Lime Treatment $44,070
Drain Rock $7,080
Slurry Drainpipe Removal and Disposal $9,720
Gas line Exploration $2,100
Geotech Compaction $8,077
Additional Tree Removal $550
Conduit and Wiring $3,840
Moe Engineering $22,000
TOTAL: $97,437
23 City Council/Successor Agency Agenda Item Summary
Meeting Date: February 22, 2023
Item No. F.3

Page 2 of 2 ends

The project has required change orders totaling $97,437. A Budget Amendment in the amount of $78,652 is required to cover the cost of the change orders.

The attached resolution amends the budget to include the cost overruns associated with the City Park basketball courts project and establishes an updated project budget for the city park basketball project in the amount of $557,437.
________________________________________________________________________________________ Options:

1. Deny the Resolution (this alternative is not recommended); or

2. Provide alternative direction to Staff.
________________________________________________________________________________________ Subcommittee Recommendation: N/A
________________________________________________________________________________________ Budget/Financial Impact:

The use of Parks & Rec Impact Fee Fund (508-00-999-49999-000) is proposed to fund the proposed change orders. The current fund balance of the Park & Recreation Fee Fund is approximately $650,000. A Per Capita Grant from State Parks in the amount of $183,610 awarded to the City for the project will offset the cost of the project.
________________________________________________________________________________________ Attachments:

Attachment 1 - Resolution
Attachment 2 - Exhibit A - Budget Amendment Form
24 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____ –2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $78,652 AND ESTABLISHING AN UPDATED PROJECT BUDGET FOR THE CITY PARK BASKETBALL PROJECT IN THE AMOUNT OF $557,437.

WHEREAS, the City of Cloverdale has been awarded funding through the Per Capita Grant Program, to reconstruct to full sized basketball courts at City Park; and WHEREAS, the City advertised for bid the City Park Basketball Court Reconstruction Project, City Staff reviewed all bids received, and identified Rege Construction, Inc. as the lowest responsive bidder with a bid of $352,845; and
WHEREAS, Rege Construction, Inc. is qualified to perform the City Park Basketball Court Reconstruction project; and
WHEREAS, as work commenced on the project Rege Construction, Inc. identified unforeseen required construction activities requiring five change orders to the original scope of work; and WHEREAS, Rege Construction provided cost proposal for change orders required to complete the project; and
WHEREAS, Moe Engineering provided a verification of the need for the change orders; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale hereby:

1. Approve a budget amendment in the amount of $78,652;

2. Approves a revised project budget of $557,437;

3. Approve Change Order No. 1-6 with Rege Construction and Moe Engineering in the amount of $97,437.

BE IT FURTHER RESOLVED that the City Council approves a budget amendment attached hereto as Exhibit A transferring Park Impact Fee (508-00-999-49999-000) in the amount of $78,652 to the City Park Basketball Court project in the FY 2022/2023 budget.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 22nd day of February 22, 2023, by the following roll call vote:

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

Absent: (_)
Abstaining: (_) None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A –City Park Basketball Project Budget Amendment Worksheet 25 Budget Amendment Form

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount
100 00.999 97,437
REVENUE TOTAL 97,437

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
508 00.999 97,437
100 40.404 97,437
EXPENDITURE TOTAL 194,874

PURPOSE
Date Date
Date Entered by Date
Prepared By
Kevin Thompson
Department Head Finance Director
Date Prepared
February 15, 2023
Account Description Account No.

Parks
Transfer In
Account No.
39999.000
Transfer Out
Requesting Department
Account Description
City Manager
Construction
49999.000
49130.000
Amend basketball court budget to include cost overruns.

X:\Agenda Development\COUNCIL\2023 REPORTS\2-22-2023\Consent\3. Budget Amendment Basketball Project at City Park\BB Court Budget Amendment Form 26 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

F.4
February 22, 2023
Agenda Section:

Consent
Staff Contact:

Jose M. Sanchez, City Attorney
Agenda Item Title:

A resolution terminating the State of Local Emergency Regarding COVID-19 on February 28, 2023, or at such other time that the State of California’s COVID-19 state of emergency is terminated. ________________________________________________________________________________________ Recommended Council Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Terminating the Existence of a Local Emergency Related to the Novel Coronavirus (“COVID-19”). ________________________________________________________________________________________ Background/Summary:

The Novel Coronavirus (“COVID-19”), a severe respiratory disease, was first detected in Wuhan, Hubei Province, People’s Republic of China, on December 31, 2019. COVID-19 had the potential to result in serious illness or death and be easily transmissible from person to person.

On March 2, 2020, the Sonoma County Health Officer had declared a Local Health Emergency pursuant to Health and Safety Code section 101080 due to the potential introduction of COVID-19 to Sonoma County. On March 4, 2020, the Governor of the State of California declared a State of Emergency in order to address the global COVID-19 outbreak.

California Government Code section 8630 and Cloverdale Municipal Code Title 2, Chapter 2.44, section

2.44.060 authorizes the Director of Emergency Services for the City of Cloverdale to proclaim the existence of a local emergency when the City is affected or likely to be affected by conditions of extreme peril to the safety of persons and property within the City, to be confirmed by the City Council within seven (7) days. The local emergency is still in effect. On March 15, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Cloverdale. 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.

The widespread availability of vaccinations and other mitigation tools has served to significantly decrease COVID-19 case rates and deaths. COVID-19 no longer poses the same threat to public health as it did previously. As a result, most COVID-19 mandates and recommendations have been removed, such as masking, occupancy limits, and vaccination measures.

On October 17, 2022, Governor Gavin Newsom announced that the State of California’s COVID-19 state of emergency will end on February 28, 2023, citing that California has the tools needed to continue fighting COVID-19 when the State of Emergency terminates, including vaccines and boosters, testing, treatments, and other mitigation measures such as masking and indoor ventilation. 27 City Council
February 22, 2023
Item No. F.4

Page 2 of 2 ends

The Director of Emergency Services for the City of Cloverdale recommends the City Council terminate the local emergency on February 28, 2023, or at such time that the Governor ends the state of emergency, to ensure alignment with the end of the State of California’s COVID-19 state of emergency. ________________________________________________________________________________________ Alternative Options:

1. Do not adopt the Resolution terminating the local emergency. ________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

The recommended action will not have any direct fiscal impact. ________________________________________________________________________________________ Attachments:

1. Resolution Ratifying Local Emergency

2. Resolution 032-2020 Terminating Local Emergency
28 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO THE NOVEL CORONAVIRUS (“COVID-19”) WHEREAS, the Novel Coronavirus (“COVID-19”), a severe respiratory disease, was first detected in Wuhan, Hubei Province, People’s Republic of China, on December 31, 2019; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in order to address the global COVID-19 outbreak; and
WHEREAS, on March 13, 2020, the President of the United States, Donald Trump, declared a state of national emergency in response to the COVID-19 outbreak; and WHEREAS, Title 2, Chapter 2.44, Section 2.44.060 of the Municipal Code of the City of Cloverdale empowers the City Manager, acting as Director of Emergency Services, to request that the City Council proclaim the existence of a local emergency or to issue such proclamation of local emergency under his own authority with Council ratification within seven (7) days thereafter; and WHEREAS, Section 8558 of the Government Code defines a local emergency as including an epidemic; and
WHEREAS, On March 15, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Cloverdale; 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 October 17, 2022, Governor Gavin Newsom announced that the State of California’s COVID-19 state of emergency will end on February 28, 2023, citing that California has the tools needed to continue fighting COVID-19 when the State of Emergency terminates, including vaccines and boosters, testing, treatments, and other mitigation measures such as masking and indoor ventilation.

The current local emergency regarding COVID-19 expires on February 28, 2023; and WHEREAS, pursuant to Government Code section 8630(c), the Cloverdale City Council has determined that the situation resulting from said condition of extreme peril is now deemed not to be beyond the control of normal protective services, personnel, equipment, and facilities of and within the City of Cloverdale.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale does hereby terminate the local emergency regarding COVID-19 proclaimed on March 15, 2020, effective on February 28, 2023 or upon such date that the State of California’s COVID-19 state of emergency ends, whichever is later.
29 REGULARLY PASSED AND ADOPTED by the City Council of the City of Cloverdale on this 22nd day of February, 2023 by the following vote:

AYES: ()
NOES: ()
ABSTAIN:()
ABSENT: ()
APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Michael Maloney, City Clerk
30 31
32 33
34 35
36 City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

F.5
February 22, 2023
Agenda Section:

Consent
Staff Contact:

David Kelley, City Manager
Agenda Item Title:

Amended Policy for the Outdoor Display of Flags to include Rotary “Peace” flag and agreement with the Rotary Club of Cloverdale to Install a Commemorative Flagpole on the Cloverdale Park Plaza for Display of a “Peace” and other Commemorative Flags approved by the City Council. ________________________________________________________________________________________ Recommended Council Action(s):

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

From time to time the City has flown commemorative flags including the commemorative flag bringing attention to Violence against Children and the Pride (rainbow) Flag in recognition of Pride Month. On August 10, 2022, the City of Cloverdale adopted a resolution approving flag policy regarding the display of commemorative flags. In order to enable the display of additional Commemorative flag on City owned property, City Council authorization is required.
________________________________________________________________________________________ Summary:

The Cloverdale Rotary Club submitted a request to the City for installation of a flagpole on City property for display of a Commemorative “Peace” Flag”. Specifically, the Cloverdale Rotary Club requested that the City support installation of a Rotary provided flagpole and commemorative “peace” flag in the northeast corner of the lawn area on City Park Plaza. Rotary provided six (6) exhibits depicting potential alternative “peace” flags.

Pursuant to the City of Cloverdale’s adopted Flag Policy, the display of a commemorative “Peace” flag at City facilities requires Council Authorization. At the February 8th City Council meeting, the City Council discussed the request by Cloverdale Rotary Policy to install a Flagpole on the Park Plaza for display of a “Peace” Flag and provide direction to City Staff on next steps. The Council provided the following direction to City staff:

1. Amend the adopted flag Policy to include the Rotary “Peace” flag; and

2. Amend the Policy to designate the new flagpole installed by the Rotary Club as the designated pole for approved Commemorative Flags.
37 City Council/Successor Agency Agenda Item Summary
February 22, 2023
Item No. F.5

Page 2 of 2 ends

Concurrent to adoption of an amended flag policy, City staff recommends that the City enter into an agreement with Rotary that sets forth the terms for installation of a new flagpole and display of a Rotary Peace Flag. The proposed terms of the agreement include the following:

1. The Rotary Club of Cloverdale agrees to abide by the City’s adopted Flag Policy.

2. The Rotary Club shall provide the specific peace flag (blue flag with peace symbol and white doves) selected by the City Council to the City for display on the commemorative flagpole.

3. The Cloverdale Rotary Club shall be responsible for maintaining the “peace” flag in good condition and providing the City with replacement flags as needed.

4. The Commemorative flagpole and any associated equipment including any commemorative plaques will be donated by the Rotary Club of Cloverdale at their expense and will become property of the City upon completion of installation.

5. The Rotary Club agrees to indemnify the City for any liability related to installation of the Commemorative flagpole.

The Attached resolution approves the amended flag policy and approves an agreement with the Cloverdale Rotary Club in a form approved by the City Attorney and authorizes the City Manager to execute an agreement with the Rotary Club for the installation of a commemorative flagpole on the City Park Plaza based on the terms and conditions listed above.
________________________________________________________________________________________ Options:

1. Do not Adopt the Resolution approving an amendment to the adopted flag policy; or

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

Installation of a Flagpole and display of a commemorative “Peace” flag by the Cloverdale Rotary Club was not discussed by a Council Subcommittee prior to the matter being reviewed by the City Council. ________________________________________________________________________________________ Budget/Financial Impact:

The City will incur expenses related to modification of the Park Plaza to accommodate Rotary’s Peace Flag.

The expenses associated with modification of the Plaza are unknown at this time but are expected to be covered by the Parks Budget which is funded by the City’s General Fund. IN addition to direct expenses, staff time will be required to install the Flagpole for display of a commemorative “Peace “flag by Rotary. ________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - Amended Flag Policy
38 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. _____ – 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AMENDED FLAG

POLICY FOR THE OUTDOOR DISPLAY OF FLAG BY THE CITY OF CLOVERDALE AND AN AGREEMENT WITH

THE CLOVERDALE ROTARY POLICY TO INSTALL A FLAGPOLE ON THE PARK PLAZA FOR DISPLAY OF A “PEACE” FLAG AND OTHER COMMEMORATIVE FLAGS APPROVED BY THE CITY COUNCIL WHEREAS, the City of Cloverdale (City) displays the Flag of the United States and the Flag of the State of California at City facilities; and
WHEREAS, the City historically did not have an official flagpole policy regarding the display of such flags or the display of any commemorative flags; and
WHEREAS, the City's flagpoles are not intended to serve as a forum for free expression by the public, but rather for the display of the Federal, State, and any commemorative flag as may be authorized by the City Council as an expression of the City Council's official sentiments; and WHEREAS, on August 10, 2022, the City Council adopted Resolution No. 077-2022 approving a flag policy; and WHEREAS, the City Council desires to adopt and maintain a current policy regarding (1) the display of the United States Flag, and the California State Flag; and (2) the display of commemorative flags; and WHEREAS, on February 8, 2023, the City Council received a request from the Cloverdale Rotary Club to include a “Peace” flag on the list of approved commemorative flags and directed staff to amend the adopted flag policy to allow for the display of the Rotary “Peace” flag and designate the new proposed Plaza Flagpole as the designated location for the display of approved commemorative flags.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cloverdale does hereby adopt an amended flag policy attached hereto as Exhibit A, providing a policy for the Outdoor Display of Flags.

NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Cloverdale approves an agreement with the Cloverdale Rotary Club in a form approved by the City Attorney and authorizes the City Manager to execute said agreement for the installation of a commemorative flagpole on the City Park Plaza that includes the following terms and conditions:

1. The Rotary Club of Cloverdale agrees to abide by the City’s adopted Flag Policy.

2. The Rotary Club shall provide the specific “peace” flag (Peace symbol with doves) to the City selected by the City Council for display on the commemorative flagpole.

3. The Cloverdale Rotary Club shall be responsible for maintaining the “peace” flag in good condition and providing the City with replacement flags as needed.

5. The Rotary Club agrees to indemnify the City for any liability related to installation of the Commemorative flagpole.
39 The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 22nd day of February 22, 2023 by the following roll call vote:

Ayes: Brigham, Councilmember Cruz, Councilmember Turner, Vice Mayor and Mayor Bagby Noes: None

Absent:

Abstain: None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A – Amended Cloverdale Flag Policy
40 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. _____ – 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AMENDED FLAG

POLICY FOR THE OUTDOOR DISPLAY OF FLAG BY THE CITY OF CLOVERDALE AND AN AGREEMENT WITH

1. The Rotary Club of Cloverdale agrees to abide by the City’s adopted Flag Policy.

2. The City Council can decide to remove the rotary flag in the future at its discretion.

3. The Rotary Club shall provide the specific “peace” flag (Peace symbol with doves) to the City selected by the City Council for display on the commemorative flagpole. Any new designs shall require prior approval by the City Council.

4. The Cloverdale Rotary Club shall be responsible for maintaining the “peace” flag in good condition and providing the City with replacement flags as needed.

5.. The Commemorative flagpole and any associated equipment including any commemorative plaques will be donated by the Rotary Club of Cloverdale at their expense and will become property of the City upon completion of installation.

6. The Rotary Club agrees to indemnify the City for any liability related to installation of the Commemorative flagpole.
41 The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 22nd day of February 22, 2023 by the following roll call vote:

Ayes: Brigham, Councilmember Cruz, Councilmember Turner, Vice Mayor and Mayor Noes: None

Absent:

1. Background
The Cloverdale City Council desires to establish a policy regarding (1) the display of the United States Flag, and the California State Flag; and (2) the display of commemorative flags at the Civic Center and City Green. In adopting this policy, the City Council declares that the City of Cloverdale's flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and any commemorative flag as may be authorized by resolution of the City Council as an expression of the City Council's official sentiments. Requests by Councilmembers for commemorative flags must follow Council policies for placing items on Council meeting agendas.

2. Purpose and Scope
The purpose of this Policy is to establish guidance for the outdoor display of flags at City Facilities, including the display of commemorative flags. The Outdoor Display of Flags Policy may be referenced to herein as "this Policy." Nothing in this Policy is intended to control the City's indoor display of flags, including commemorative flags, within City Facilities.

3. Definitions
The following definitions shall apply to this Policy:
"U.S. Flag" means the flag of the United States, as defined by 4 USC 1. "California Flag" means the State Flag of California (also known as the "Bear Flag"), as defined by California Government Code Section 420. "City Facility" means any real property that is owned or operated by the City. "Commemorative Flag" means any flag other than the U.S. Flag or the California Flag.

4. Standards
Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code, and this Policy. 43 5. Displaying the U.S. Flag and California Flag

5.1 No other flag shall be placed above the U.S. Flag and no other flag shall be larger than the U.S. Flag. Other flags may be flown at the same height and in the same size, in accordance with this Policy. Where both the U.S. Flag and the California Flag are flown, they shall be of the same size.

5.2 Flags should be hoisted briskly and lowered ceremoniously. The U.S. Flag should be hoisted first and lowered last.

5.3 Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and state holidays. Flags may be displayed twenty four (24) hours a day as long as they are illuminated during darkness.

5.4 Flags shall not be displayed during inclement weather. However, all-weather flags may be displayed twenty-four (24) hours a day aslong as they are illuminated during darkness.

5.5 The City shall display the U.S. Flag and the California Flag at City Facilities. The U.S. Flag shall be displayed in the first position of honor. The California State Flag shall be placed in the second position of honor.

6. Displaying Commemorative Flags

6.1 The City's flagpoles are not intended to serve as a forum for free expression by the public. The City shall display commemorative flags only if authorized by the City Council as an expression of the City Council's official sentiments. Any such authorization shall be given at a duly noticed meeting of the City Council.

6.1.1 The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Cloverdale City Council.

6.1.2 Current Commemorative Flags approved by the City Council include:

Flag Location Time Period
Children’s
Memorial Flag
Commemorative
Flagpole on
Plaza
April 1 – April
30 Pride Flag Commemorative
Flagpole on
Plaza
June 1 – June
30 Rotary Peace
Flag
Commemorative
Flagpole on
Plaza
Year-around
44 6.2 Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but nolonger than thirty-one (31) continuous days, unless City Council expressly authorizes a longer period in accordance with this Policy and to the extent, such display does not conflict with Federal and State laws.

6.3 Commemorative flagsshall be displayed exclusively on the Commemorative Flagpole located on the City Park Plaza and shall not be displayed on flagpoles at City Hall, Police Station, Public Works Corporation Yard, Library, City Park, or Senior Center unless an alternative location is approved by the City Council.

6.4 If a Commemorative flag is approved for display by the City Council on another city flagpole other than the Commemorative Flagpole located on the Plaza, it shall be displayed in the last position of honor.

7. Displaying Flags at Half-Staff

7.1 Only the U.S. President or Governor of California can order the U.S. Flag or California State Flag to fly at half-staff. It shall be City custom to follow the lead of the federal and state governments when the President and/or Governor orders the flags to be flown at half-staff.

7.2 Whenever the U.S. Flag is flown at half-staff, all displayed flags shall also be flown at half-staff. When lowering a flag to half-staff, the flag shall first be hoisted to its peak for an instant and then lowered to half-staff. At the end of the day, the flag shall again be raised to its peak before being lowered for the day.
45 1
From: Gus Wolter
Sent: Saturday, February 18, 2023 1:26 PM
To: David Kelley; Kevin Thompson
Subject: Fwd: Commemorative flag and banner Policy Amendment Thanks Gus
707-322-4916
Begin forwarded message:

From: Brooke Greene <>
Date: February 17, 2023 at 5:13:52 PM PST
To: Todd Lands <[email protected]>, Gus Wolter <[email protected]>, Melanie Bagby <[email protected]>, Brian Wheeler <[email protected]>, Marjorie Morgenstern <[email protected]>
Subject: Re: Commemorative flag and banner Policy Amendment Dear Council members,
Re: Commemorative flag and banner Policy Amendment
I strongly urge you to vote no on this proposal. My reason for this stems from the confusion caused by what amounts to the perception of a bait-and-switch. First presented to Council as a Rotary club project to support its laudable goal of people to people comradeship, the discussion morphed into a seedy back room connivance to keep the previously approved display of a Rainbow flag at City Hall from happening. Considering the long history of discrimination suffered by our family and community members related to the issue of sexuality and acceptance, that was wrong.

I actually left the February 8th meeting stunned to have witnessed such an erasure of the progress our community has made. It is the fact that we can recognize past harmful attitudes and have hope for a future of rational and critical acceptance that our City should advance and celebrate. Adjusting your policy in the way it has been planned is a "separate, but equal" connivance for which you may not wish to establish a precedent. The City Hall flagpole policy should continue to include display of the Rainbow Flag.

Your constituents are carefully watching your handling of this matter.

Sincerely,
Richard Greene
46 1
From: Todd Lands
Sent: Monday, February 20, 2023 5:59 PM
To: Michael Maloney
Subject: Fwd: Commemorative Flag and Banner Policy Amendment For the record
Get Outlook for iOS
From: Christine Garland
Sent: Monday, February 20, 2023 2:24:00 PM
To: Todd Lands <[email protected]>
Subject: Commemorative Flag and Banner Policy Amendment Dear Mr. Lands,
The Rotary Club’s request for the installation of a flagpole to display their World Peace flag is a great idea, but I’m disturbed by how the discussion at the February 8 meeting evolved into a proposal to change the display of other flags, including the Rainbow flag, to this new location. I believe that the Rainbow flag should continue to be displayed at the flagpole in front of City Hall. A considerable amount of debate and discussion among community and council members led to the decision to display it there; moving it to a less prominent location seems almost like an attempt to override that decision.

Considering the long history of discrimination suffered by our families and community members related to the issue of sexuality and acceptance, changing our town’s policy with this “separate‐but‐not‐quite‐equal” amendment just seems wrong. Our City should advance and celebrate the progress our community has made.

This amendment is a bad idea that would set a bad precedent. I urge you to vote “No.” Thanks for your attention!
Chris Garland
47 1
From: Gus Wolter
Sent: Monday, February 20, 2023 2:37 PM
To: Michael Maloney; David Kelley
Subject: Fwd: City Hall Flagpole / Display of Pride Flag Thanks Gus
707-322-4916
Begin forwarded message:

From: David Delgardo <>
Date: February 20, 2023 at 1:41:35 PM PST
To: Gus Wolter <[email protected]>
Subject: City Hall Flagpole / Display of Pride Flag
Dear Mr. Wolter,
Re: Commemorative Flag and banner Policy Amendment
I strongly urge you to vote no on this proposal. The City Hall flagpole policy should continue to include display of the Rainbow Flag.

First presented to Council as a Rotary club project to support its laudable goal of world peace at the February 8 meeting, the discussion evolved to a vote to keep the previously approved display of a Rainbow flag at City Hall from happening. Considering the long history of discrimination suffered by our families and community members related to the issue of sexuality and acceptance, that was wrong.

Our City should advance and celebrate the progress our community has made. Adjusting your policy in the way it has been planned is a "separate, but equal" connivance for which you may not wish to establish a precedent. Your constituents are carefully watching your handling of this matter.

Thank you for your attention to this matter and for your continued commitment to the entire Cloverdale community.

Sincerely,
David A. Delgardo
48 1
From: Jane Elias <>
Sent: Sunday, February 19, 2023 11:48 AM
To: David Kelley
Cc: Jane Elias
Subject: February 22 City Council meeting - item F5: Amended Flag Policy, Agreement and Relocation of Approved Commemorative Flags
David,
I am not sure of the City’s process to request an item be removed for consideration. Does a request like this need to be a motion from a Councilmember, staff or the public?
I am writing to request that item F5 be removed from the Consent calendar so at the very least it provides time for City staff to develop planning and an estimate related to the fiscal impact this will have on the City’s budget. In addition, it would provide an opportunity for further discussion as to whether the City finds it necessary to provide a third flag pole within the City Hall/Plaza/Police station sphere. The City Council unanimously passed (5-0 vote) August 10, 2022, the City Council adopted Resolution No. 077-2022 approving a flag policy. A policy that provides a means by which they all agreed to allow authorized commemorative flags be flown.

Item H3 on February 8, 2023 mentioned the “support" and the fact that the City owns and maintains City flagpoles. It was not made clear that the City would have a fiscal impact related to the installation of this new pole, located in the City Plaza. When I made public comments related to the item I was asking about this specific issue, albeit, not real succinctly. It is unclear to me why the Council on February 8 did not discuss the possibility of allowing the Rotary’s “peace” flag be flown on the same City pole up to ten months out of the year when other commemorative flags are not present.
"The City will incur expenses related to modification of the Park Plaza to accommodate Rotary’s Peace Flag. The expenses associated with modification of the Plaza are unknown at this time but are expected to be covered by the Parks Budget which is funded by the City’s General Fund.

In addition to direct expenses, staff time will be required to install the Flagpole for display of a commemorative peace flag by Rotary. " Given the new details listed in the February 22, item F5 summary above, I do not think this is a fiscally prudent decision. Spending financial and staff resources to install a third flag pole within close proximity to the City Hall and Police Station poles is a waste of tax payer’s and the City's precious resources. There are other alternatives available, including, not allowing the Rotary’s request go forward.

I am all for world peace. In fact, I think it would be difficult to find someone in this community that is not in agreement that world peace is important and they support it. I am not for spending unnecessary funds to install a new pole just to accommodate this world peace flag and the other approved commemorative flags that already have an approved placement on the City’s main pole.

Another question I have regarding this as a consent item is how can options be provided (see below), when my understanding of a consent item it that generally, discussion does not occur. If there are options listed in the summary, shouldn’t this at the very least be listed as a regular item?

1. Do not Adopt the Resolution approving an amendment to the adopted flag policy; or

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

Please let me know if the public is allowed to request this item be pulled, and if not, what is the process in order to consider it? Regards,
Jane Elias
For reference:

1. The Rotary Club of Cloverdale agrees to abide by the City’s adopted Flag Policy.

2. The Rotary Club shall provide the specific peace flag (blue flag with peace symbol and white doves) selected by the City Council to the City for display on the commemorative flagpole.

3. The Cloverdale Rotary Club shall be responsible for maintaining the “peace” flag in good condition and providing the City with replacement flags as needed.

5. The Rotary Club agrees to indemnify the City for any liability related to installation of the Commemorative flagpole.

The Attached resolution approves the amended flag policy and approves an agreement with the Cloverdale Rotary Club in a form approved by the City Attorney and authorizes the City Manager to execute an agreement with the Rotary Club for the installation of a commemorative flagpole on the City Park Plaza based on the terms and conditions listed above. 50 1
From: Gus Wolter
Sent: Monday, February 20, 2023 2:37 PM
To: Michael Maloney; David Kelley
Subject: Fwd: F.5 AMENDED POLICY TO OUTDOOR DISPLAY OF FLAGS Thanks Gus
707-322-4916
Begin forwarded message:

From: Linda Liebl <>
Date: February 20, 2023 at 1:56:48 PM PST
To: Gus Wolter <[email protected]>
Subject: F.5 AMENDED POLICY TO OUTDOOR DISPLAY OF FLAGS Dear Gus Wolter,
Re: Commemorative Flag and banner Policy Amendment
I strongly urge you to vote no on this proposal. The City Hall flagpole policy should continue to include display of the Rainbow Flag.

First presented to Council as a Rotary club project to support its laudable goal of world peace at the February 8 meeting , the discussion evolved to a vote to keep the previously approved display of a Rainbow flag at City Hall from happening. Considering the long history of discrimination suffered by our families and community members related to the issue of sexuality and acceptance, that was wrong.

Our City should advance and celebrate the progress our community has made.

Adjusting your policy in the way it has been planned is a "separate, but equal" connivance for which you may not wish to establish a precedent. Your constituents are carefully watching your handling of this matter.

Respectfully,
Linda Liebl, Registered Voter
51 1
From: Todd Lands
Sent: Monday, February 20, 2023 5:59 PM
To: Michael Maloney
Subject: Fwd: proposal for a flag pole in our plaza and movement of our city's rainbow flag For the record
Get Outlook for iOS
From: virginia greenwald
Sent: Monday, February 20, 2023 5:45:18 PM
To: Todd Lands <[email protected]>; Melanie Bagby <[email protected]>; Gus Wolter <[email protected]>; Brian Wheeler <[email protected]>; Marjorie Morgenstern <[email protected]>
Subject: proposal for a flag pole in our plaza and movement of our city's rainbow flag Hi Indivisibles!
We are sharing this information from our friends in CloDems to alert you to an item on this week's City Council meeting agenda. The meeting is scheduled for Wednesday, Feb. 23 at 6:00 at CPAC.

F.5 AMENDED POLICY FOR OUTDOOR DISPLAY OF FLAGS: This is a proposal to place a flagpole on the north side of the City’s plaza and no longer display flags other than the US flag and the Bear Flag in front of City Hall. The Rotary has agreed to pay for the flagpole, but it appears that the installation costs involving the plaza will come from Cloverdale’s Parks budget, in other words Cloverdale’s General funds.

Recall that the placement of the Pride Flag in front of City Hall was the result of much community and council debate and discussion in the not-to-distant past (August 10, 2022). Moving the flag to a less prominent location may be seen as an attempt to override or cancel out the product of that early debate.

For the agenda, staff report, some background information, and how to participate in person or on zoom, see: https://www.cloverdale.net/AgendaCenter/ViewFile/Agenda/_02222023-1185 52 2
What can you do?
 Attend the meeting on Wednesday, Feb. 23 at 6:00 at CPAC, or Zoom in (see above).  Email the City Council members https://www.cloverdale.net/111/Councilmembers To: City Council members,
I urge you to vote no on a proposal to move the Rainbow Flag from the City Hall flagpole.

The Rotary club project to display a World Peace Flag is a great idea, but choosing to move the Rainbow Flag to a spot on the Plaza moves it out of site for many coming through our town.

Seems a step back from our commitment as a community to display our support for diversity.. As for the placement of yet another flag pole in our town, perhaps Kleiser Park would be a better choice as it would be more visible than on tucked into our Plaza and taking up some of the minimal grass area families have for gathering and children playing.

Thank you for considering my concerns and suggestions. Virginia Greenwald 206 Clover Springs Dr. Cloverdale
53 1
From: Brian Wheeler
Sent: Tuesday, February 21, 2023 2:22 PM
To: Michael Maloney
Cc: David Kelley
Subject: Fwd: Flag and Banner policy
Sent from my iPhone
Begin forwarded message:

From: Bett Carlson
Date: February 20, 2023 at 2:40:44 PM PST
To: Brian Wheeler <[email protected]>
Subject: Flag and Banner policy
Dear Council memberWheeler,
Re: Commemorative Flag and banner Policy Amendment
I strongly urge you to vote no on this proposal. The City Hall flagpole policy should continue to include display of the Rainbow Flag.

First presented to Council as a Rotary club project to support its laudable goal of world peace at the February 8 meeting , the discussion evolved to a vote to keep the previously approved display of a Rainbow flag at City Hall from happening. Considering the long history of discrimination suffered by our families and community members related to the issue of sexuality and acceptance, that was wrong.

To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. 54 City Council/Successor Agency
Agenda Item Summary Agenda Item: H.1
Meeting Date: February 22, 2023
Agenda Section:

New Business
Staff Contact:

Kevin Thompson, Assistant City Manager / Comm. Dev. Dir.

Agenda Item Title:

Continued discussion on potential participation in countywide ban on construction of new gas station infrastructure
_______________________________________________________________________________________ Recommended Council Action(s):

Receive update on countywide ban on construction of new gas stations and discussion on the City potentially participating in the countywide ban and provide direction to staff. ________________________________________________________________________________________ Background:

At the November 9, 2022, meeting, the City Council considered the proposed ban on new gas stations. Staff requested the item be referred to the Planning Commission for discussion and recommendation. During that meeting it decided that given a new Council was going to be seated as a result the 2022 general election, that the new Council should have an opportunity to weigh in on this item. The Council directed staff to bring back the item after the first of the year.

On March 1, 2021, the City of Petaluma became the first local government in the country to adopt a prohibition on new gas station land uses within the city’s boundaries.

On September 13, 2021, the Sonoma County Regional Climate Protection Authority (RCPA) recommended that all local jurisdictions in Sonoma County cease acceptance of all applications for new gas stations or expansion of existing infrastructure in their jurisdiction, pursuant to Resolution No. 2021-003. The RCPA Power Point presentation and staff report are provided in Attachments 1 and 2. The City of Santa Rosa, Cotai, Rohnert Park, Sebastopol, Petaluma and the Town of Windsor have already adopted similar bans, and the remaining cities have expressed interest in participating as well.

In Cloverdale, gas stations are allowed with a Conditional Use Permit in the General Commercial (G-C) and Service Commercial (S-C) Zoning Districts, subject to specific standards for Automobile Service Stations (Section 18.09.200). The Zoning Ordinance primarily uses the term “Automobile Service Station” but also the term “Gasoline Service Station” is used. Both are defined as follows: “A retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as: dispensing of automotive fuel and motor oil; vehicle washing and lubricating services; sale and servicing of tires, batteries, replacement items and other automotive accessories; and minor automotive repair. This definition does not include body or fender work, painting or major automotive repairs and similar activities. Gasoline service stations may also provide a towing service limited to no more than two trucks and equipment rental, subject to use permit conditions of approval by the reviewing agency.” The status of the six existing gas stations in Cloverdale is shown in Table 1, below. 55 City Council/Successor Agency Agenda Item Summary
Meeting Date: February 22, 2023
Item No. H.1

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TABLE 1. EXISTING GAS STATIONS IN CLOVERDALE
Name Address
Quick Stop 601 N. Cloverdale Blvd
Fast & Easy 418 S. Cloverdale Blvd
Gas N Go 690 S. Cloverdale Blvd
Chevron 1165 S. Cloverdale Blvd
Sinclair 1194 S. Cloverdale Blvd
Renner 1313 S. Cloverdale Blvd
Summary:

A ban on new gas stations and expansion of fossil fuel infrastructure at existing gas stations would require amendments to the General Plan and Zoning Ordinance. Should the Council decide to proceed, the following topics would be reviewed, in addition to further direction provided by the Council.

Necessary General Plan Amendments
Review the proposed ordinance for consistency with the General Plan and draft amendments as needed.

The General Plan currently specifies that the Destination Commercial (DSC) land use designation is intended to encourage recreation and tourist-commercial uses which includes service stations. This statement would need to be deleted to support a gas station ban. An amendment to ban gas station and the expansion of fossil fuel infrastructure would advance the following General Plan policies:

Policy CDO 3-7 Remove or upgrade the appearance of structures that were built when Cloverdale Boulevard was a state highway, and are no longer appropriate for the City’s main arterial street, including small gas stations, auto repair facilities, and motor court type uses.

Policy CDO 8-2 Use, support, and encourage energy and resource efficient methods in private construction.

Policy CDO 8-3 Inventory and work to reduce Greenhouse Gas Emissions (GHG).

Necessary Zoning Ordinance Text Amendments
1) Remove gas stations as an allowed use in Zoning Ordinance Table 18.05.030-A (Uses Permitted Within Commercial Zoning Districts) and Section 18.04.040 (Alexander Valley Resort Specific Plan zoning district development standards), rendering all existing gas stations in Cloverdale as non-conforming uses.
2) Amend Zoning Ordinance Section 18.02.090 (Nonconforming Uses, Structures, Lots and Signs) to add a new section with specific standards for non-conforming gas stations (Attachment 4) to expand the portions of the business that are not fossil-fuel related and to encourage the transition to zero emission vehicles.
3) Clarify definitions as needed (automobile service station, gasoline service station). 4) Review and provide recommendations for any fuel-related uses that could be permitted as an accessory use.
56 City Council/Successor Agency Agenda Item Summary
Meeting Date: February 22, 2023
Item No. H.1

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City Council Review and Recommendations
On September 28, 2022, the City Council held a preliminary discussion on the potential adoption of an Ordinance prohibiting the construction of new gas stations and expansions of existing gas stations within the City.

During the preliminary review, the Council made the following recommendations:
• When an existing gas station has been discontinued for a continuous period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use, the gas station could not then be re-established. – The Council recommended that this proposed language be amended to allow for an additional twelve (12) months under certain circumstances. Staff has included this language in the proposed Zoning Section 18.02.095 to allow for up to a two-year extension for the nonconforming use. • Allow existing gas stations the ability to expand portions of the business that are not fossil-fuel related. Zoning Section 18.02.095 gas station uses, and structures may be altered and enlarged to accommodate other commercial uses and retail sales of goods that are not related to fossil fuel, as permitted by the respective zoning district.
_______________________________________________________________________________________ Options:

1. Don’t adopt a prohibition on new gas station uses within the City.

2. Amend Section 18.09.200 (Automobile Service Stations) establishing a limit on the number of stations allowed within the City as a whole, or a limit on the number of stations within the Service Commercial (S-C) and General Commercial (G-C) Zoning Districts.

Additionally, amend Table 18.06.030-A (Uses Permitted within Industrial Zoning Districts) to prohibit gas stations in Industrial Zoning Districts. They are not currently allowed, but it is not explicitly written in the Table.

3. Provide direction to staff.
________________________________________________________________________________________ Subcommittee Recommendation:

Bring forward for consideration
________________________________________________________________________________________ Budget/Financial Impact:

The recommended action will not result in any direct fiscal impacts since the City’s existing gas stations would be permitted to continue operating. However, the City would forgo new tax revenues that could have resulted from potential new gas stations and/or gas station expansions.

In addition, should the Council decide to move forward, funds may be needed for environmental review, as the adoption of a Zoning Ordinance text amendment to ban the construction of new gas station infrastructure is anticipated to be exempt from further CEQA review under the commonsense rule (Section 15061(b)(3)) and the exemption for actions by regulatory agencies to protect the environment (Section 57 City Council/Successor Agency Agenda Item Summary
Meeting Date: February 22, 2023
Item No. H.1

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15308). However, this determination is subject to further review. Consideration is needed for potential VMT impacts, impacts to disadvantaged communities, and cumulative impacts. ________________________________________________________________________________________ Attachments:

1. RCPA Staff Report / Resolution No. 2021-003

2. RCPA Power Point, September 13, 2021

3. Climate Emergency Resolution No. 01-2018

4. DRAFT Section 18.02.095 Nonconforming Gas Stations

5. Letter from CONGAS dated October 14, 2022
58 ATTACHMENT 1
59 60
61 62
411 King Street, Santa Rosa, CA 95404 | 707.565.5373 | scta.ca.gov | rcpa.ca.gov 63 N/A

64 1
California Office of Emergency Services, based on retail fuel station gasoline sales information from 2010 to 2016 of the California Retail Station Annual Report.
2 https://www.gov.ca.gov/wp-content/uploads/2020/09/9.23.20-EO-N-79-20-Climate.pdf 65 3 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/08/05/executive-order-on-strengthening-american-leadershipin-clean-cars-and-trucks 4 https://news.un.org/en/story/2021/08/1097362
66 67
rcpa.ca.gov
Ban on Construction
of New Gas Stations
RCPA Board Item 4.2
September 13, 2021
1 ATTACHMENT 5
68 rcpa.ca.gov
Issue
Background
Recent Actions
Areas of RCPA Support
Points of RCPA Resolution
Recommendation
01 02
03 04
05 06
AGENDA
rcpa.ca.gov 2 69
rcpa.ca.gov
ISSUE
• Shall the RCPA Board adopt a resolution supporting
local actions to ban new gas stations?
• How best shall RCPA support its member
jurisdictions in adopting gas station bans?
3 70
rcpa.ca.gov
BACKGROUND – GLOBAL AND FEDERAL POLICY CONTEXT
• Intergovernmental Panel on Climate Change (IPCC) Report – 2021 Working Group 1 Report on the science of global heating – Report conclusions are considered “a code red for humanity”1 • Biden Administration Executive Order
– Sets 2030 goal that 50% of all new passenger cars and light trucks sold be zero-emission vehicles2
– Starts development of long-term fuel efficiency & emissions standards 4 1 https://news.un.org/en/story/2021/08/1097362 2 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/08/05/executive-order-on-strengthening-american-leadership-in-clean-cars-and-trucks/ 71 rcpa.ca.gov
BACKGROUND – STATE AND LOCAL POLICY CONTEXT
• State Executive Orders
– By 2025, installation of 250,000 electric vehicle (EV) charging stations1 – By 2030, target of five million zero-emission vehicles1 – By 2035, all new vehicles sold must be zero-emission3 – By 2045, achieve carbon neutrality2
• Local Policies – Climate emergency resolutions adopted by RCPA and all ten jurisdictions – Sonoma Climate Mobilization Strategy adopted by RCPA Board – Petaluma gas station ban adopted for operations within city limits – Santa Rosa, Sebastopol, and Cotati are also studying options 5 1 https://www.ca.gov/archive/gov39/2018/01/26/governor-brown-takes-action-to-increase-zero-emission-vehicles-fund-new-climate-investments/index.html 2 https://www.ca.gov/archive/gov39/wp-content/uploads/2018/09/9.10.18-Executive-Order.pdf 3 https://www.gov.ca.gov/wp-content/uploads/2020/09/9.23.20-EO-N-79-20-Climate.pdf 72 rcpa.ca.gov
BACKGROUND – CURRENT CONDITIONS
• 138 gas stations in Sonoma County
concentrated along major corridors1
• Jurisdictions continue to receive
applications for new gas stations
• Impacts on public health and
environment – toxic air pollution,
surface water runoff, leaking
underground storage tanks
• Existing land use policies designed to
facilitate city-centered development
6 1 California Office of Emergency Services, based on retail fuel station gasoline sales information from 2010 to 2016 of the California Retail Station Annual Report. 73 rcpa.ca.gov

RECENT ACTIONS
• March 1, 2021: City of Petaluma adopted ordinances
prohibiting new gas station land uses
• May 10, 2021: Cotati requested RCPA to discuss gas
station ban ordinance at future meeting
• May 12, 2021: Santa Rosa Climate Action
Subcommittee received presentation and directed
staff to draft ordinance language for review
• August 3, 2021: Sebastopol City Council directed staff to draft ordinance for Planning Commission and then
brought to the full City Council in fall
• City of Cotati developing ordinance for City Council
consideration as a component of a larger greenhouse
gas reduction strategy
7 74
rcpa.ca.gov

AREAS OF RCPA SUPPORT TO LOCAL JURISDICTIONS
• Coordinate with jurisdictions to identify common barriers and develop consistent strategies to reduce emissions
• Provide analysis of gas station locations and proximity to population centers and travel corridors
• Create guidance documents for planning staff to develop jurisdiction-specific gas station ban ordinances
8 75
rcpa.ca.gov

RCPA RESOLUTION
• Recommendation that the County of Sonoma and incorporated jurisdictions cease acceptance of all applications for new gas stations or expansion of existing gas station infrastructure in their local jurisdictions • Commits RCPA staff to work with its local government members to assist with policy development and implementation to reduce emissions • Encourages the development of clean-emission public transportation networks, installing safe and connected pedestrian and bicycling infrastructure, and expanding efforts to serve zero-emission vehicles 9 76
rcpa.ca.gov

PROPOSED CHANGE
• NOW THEREFORE, BE IT RESOLVED, that the Regional Climate Protection Authority (RCPA), recommends ceasing all processing acceptance of all applications for and permitting of new gas stations or expansion of existing gas stations infrastructure throughout Sonoma County; and • BE IT FURTHER RESOLVED, that the RCPA recommends that the County of Sonoma and the incorporated jurisdictions of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, and Windsor cease all processing acceptance of all applications for and permitting of new gas stations or expansion of existing gas stations infrastructure in their local jurisdiction; and
10 77
rcpa.ca.gov

RECOMMENDATION
Staff requests Board direction on:
• Approval of a resolution supporting local action to ban the construction of new gas stations in alignment with
our Sonoma Climate Mobilization goal of achieving
carbon neutrality in Sonoma County by 2030.
• Facilitating a meeting among planning staff from all
jurisdictions to discuss a coordinated approach and
opportunities for resource sharing.
11 78
rcpa.ca.gov
Questions?
BC Capps
Climate Change Program Specialist
Regional Climate Protection Authority
707-565-5361
[email protected]
Thank You!
rcpa.ca.gov 12 79

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. 91–2019

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVERDALE

DECLARING A CLIMATE EMERGENCY AND ADOPTING IMMEDIATE

EMERGENCY MOBILIZATION ACTIONS TO RESTORE A SAFE CLIMATE AND ACHIEVE ZERO NET CARBON EMISSIONS BY 2030
WHEREAS, human activities have warmed the Earth to a point that threatens climate stability, and climate change has already set in motion catastrophic changes to the Earth’s systems, including fresh water scarcity and droughts, floods, extreme weather events and increased heat, wildfires, accelerating ice mass loss that will result in sea-level rise, and species extinction; and WHEREAS, the current pace and scale of national climate action is not sufficient to avert substantial damage to the economy, environment, and human health over the coming decades; and WHEREAS, the October 8, 2018 special report of the United Nations Intergovernmental Panel on Climate Change (IPCC) projected that curtailing warming to 1.5°C to reduce the risks to health, livelihoods, food security, water supply, human security, economic growth and plant and animal life this century, will require an unprecedented transformation of every sector of the global economy over the next 12 years; and
WHEREAS, on November 23, 2018 the Federal Government issued the Fourth National Climate Assessment1 detailing the massive threat that climate change poses to the American economy and underscoring the need for immediate climate emergency action at all levels of government; and WHEREAS, critical tipping points must be avoided, as they will have cascading feedback effects that are predicted to cause an increasingly uncontrollable climate emergency that includes a devastating burden to the global economy, and with current greenhouse gas (GHG) emission levels these tipping points could be passed as soon as 2050; and
WHEREAS, restoring a safe and stable climate requires an emergency mobilization to reach zero greenhouse gas emissions across all sectors, to rapidly and safely draw down or remove all the excess carbon from the atmosphere, and to implement measures to protect all people and species; and WHEREAS, a just transition away from fossil fuels requires the development of a framework for a fair shift to an economy that is ecologically sustainable, equitable, and just for all its members; and WHEREAS, marginalized communities worldwide—including people of color, immigrants, indigenous communities, low-income people, those with disabilities, and the unhoused—are already disproportionately affected by climate change and must benefit from a just transition to a sustainable and equitable economy; and
1 https://nca2018.globalchange.gov/
80 Resolution No. 91-2019

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WHEREAS, on September 10, 2018, the State of California’s Governor Brown issued an executive order establishing a 2045 statewide target to achieve carbon neutrality, and on the same day, Senate Bill 100 was passed, which sets a 100% clean electricity goal for the State by 2045; and WHEREAS, the City of Cloverdale General Plan Adopted by the City Council of the City of Cloverdale by Resolution 022-2009 Contains Policies that supports program to reduce GHG emissions; and WHEREAS, Goal No. 1 of the Conservation Element of the General Plan supports development and maintenance of a balanced vehicular and non-vehicular transportation system to meet the mobility needs consistent with General Plan land use goals and policies and provides for a balance of land uses within the General Plan Study Area for housing, jobs, economic development, recreation, and destination commercial uses; and
WHEREAS, Goal No. 3 of the Conservation Element of the General Plan promote bicycle use and walking as an alternative to automobile traffic and for community health and enjoyment; and WHEREAS, California’s Fourth Climate Change Assessment2 warned that extreme weather and climate-related events in the United States are worsening, predicting increased drought cycles and heat waves in the western U.S. with a resulting three-fold increase in intensity and magnitude of wildfires, declined water supply and snow pack, increased flooding, impacted agriculture, as well as substantial damages to the U.S. economy and human health, unless GHG emissions are curbed; and WHEREAS, the California Legislature has set clear climate objectives for the next decade, including a 40% reduction in 1990 level GHG emissions by 2030; 50% renewable energy; 50% reduction in petroleum use in vehicles and a doubling of energy efficiency savings in existing buildings3 ; and
WHEREAS, Sonoma County has already begun to experience extreme climate-related events, including six years of drought, the October 2017 Northern California wildfires, which caused more than $9.4 billion in damage and killed forty-four people, and the February 2019 Winter Storms and Flooding that caused over $150 million in damages and resulted in the declaration of a local health emergency due to the scale of household hazardous waste scattered along waterways, roadsides and on public and private properties after flooding; and
WHEREAS, Sonoma County public agencies have taken a number of important actions to reduce GHG emissions and enhance quality of life in our community, including long-term commitments to preserving over 100,000 acres of both agricultural and open space lands; setting and meeting a goal to deliver carbon free water; offering cost effective programs to reduce energy use and conserve water; and establishing Sonoma Clean Power, a regional community choice energy provider offering the first 100% local renewable power option in California; and
WHEREAS, the current scale and rate of expansion of local government action has not resulted in the necessary reductions in global greenhouse gas emissions to enable us to limit global temperature 2 http://www.climateassessment.ca.gov/
3 https://ww3.arb.ca.gov/cc/pillars/pillars.htm
81 Resolution No. 91-2019

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increase to well below 2°C above pre-industrial levels and no more than 1.5°C as outlined in the 2016 Paris Climate Accord and recommended by the United Nations Intergovernmental Panel on Climate Change (IPCC); and
WHEREAS, many of the major climate change drivers - energy generation, fuel standards, consumption patterns, product design and specification and large-scale infrastructure investments – are dispersed across both the private and public sector and are controlled at scales larger than local and regional governments; and
WHEREAS, in order to avoid irreversible, catastrophic climate change impacts, we cannot only focus on reducing emissions but must also dramatically increase and enable meaningful carbon sequestration while preparing communities now for significant climate impacts; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cloverdale declares that a climate emergency threatens humanity and the natural and built environments; and BE IT FURTHER RESOLVED, that the City of Cloverdale joins a nationwide call for a just transition away from fossil fuels and an urgent collaborative climate mobilization effort focused on enacting policies that dramatically reduce heat-trapping emissions, and rapidly catalyzing a mobilization at all levels of government to restore a safe climate; and
BE IT FURTHER RESOLVED, that an urgent global climate mobilization effort to reverse global warming is needed to achieve zero net emissions as quickly as possible and that full community participation, inclusion and support is integral to our efforts to safely draw down carbon from the atmosphere and accelerate adaptation and resilience strategies in preparation for intensifying climate impacts; and
BE IT FURTHER RESOLVED, the City of Cloverdale acknowledges that successful climate action and a just transition at scale requires that we work both within and outside of our regional boundaries and across sectors to accelerate the necessary systems change required to address the climate emergency; and
BE IT FURTHER RESOLVED, the City of Cloverdale, commits to contributing to the development of a countywide 2030 Climate Emergency Mobilization Strategy that focuses on identifying key local actions – including a ten-year Emergency Policy Package prioritizing a short list of the most impactful local policies that will drive systems change and identify the key areas for state level advocacy; and BE IT FURTHER RESOLVED, the City of Cloverdale commits to identifying a Climate Emergency Mobilization Liaison to drive this effort in our jurisdiction and to provide financial resources to support the participation of a designated RCPA staff member in the RCPA coalition of local governments mobilizing regional climate action; and
BE IT FURTHER RESOLVED, the City of Cloverdale establishes the development and implementation of the 2030 Climate Emergency Mobilization Strategy as Council priority, in alignment with statewide and regional climate goals, and directs staff to work with the RCPA and coalition members to integrate climate change considerations into all policies; and. 82 83
84 Resolution No. 91-2019
Exhibit A

Page 1 of 3 ends

City of Cloverdale Actions Toward Achieving
Zero Net Carbon Emissions by 2030
Community Engagement
• Promote Climate Matters on City Web Site/Social Media. Actively promote the City’s goals, efforts and initiatives related to climate on the City’s website and social media accounts.
• Resiliency strategies. Examine our risks and vulnerabilities around climate change and aging infrastructure and look to renewables and new technologies to create energy security and resiliency.
• Update Legislative platform. Update our legislative platform to reflect our stated climate goals to address regional state and national climate drivers. Support the following measures:

1. Lobby California Legislature to phase out new oil and gas permits and

2. Implement a managed decline of fossil fuels in California

3. Support funding and development of EV Network and Infrastructure

4. Funding for regional transportation improvements (e.g. SMART Train and Great Redwood Trail).

5. Funding for emergency preparedness and implementation of resiliency infrastructure that address the needs of the City of Cloverdale. • Design a Community Engagement Plan with the goal of increasing community engagement and that:
1 Takes in consideration the 2030 Climate Mitigation Plan to engage and involve the community
2 Encourages the school to utilize Google classroom
3 Educates and encourages the community and the school about the use of free transportation
4 Includes active outreach to underserved communities regarding climate change and resiliency measures
5 Folds the goals into the Local Hazard Mitigation Plan 6 Assesses and monitors on going climate efforts/actions through the Planning and Community Development Subcommittee
Land Use
• Update Zoning Ordinance. Consider as part of the upcoming SB2 Grant Funding a comprehensive update to various sections of the Zoning Ordinance, to include policies that promote and/or incorporate best practices to remove barriers to development of the dense, compact, fiscally-stable, pedestrian- and bicycle- friendly, zero-emission in 85 Resolution No. 91-2019
Exhibit A

Page 2 of 3 ends

the Downtown and Transit Oriented Development districts. This could include the following measures:

1. Reduction of parking standards;

2. increased density, and

3. Incentivizing best practices by offering streamlined/priority/”by-right review” for projects that meet Zero Net Energy objectives.

Building Energy
• Increase Building Energy Efficiency. Consider conducting energy audits on all public buildings and facilities to identify ways to increase efficiency and make a more comfortable productive work environment.
• Increase Renewable Energy Use. Explore the idea of installing photovoltaics on City owned buildings and facilities.
• Reduce Water Consumption. Continue to replace water intensive landscaping in common and other areas managed by the City.
• Consider Adopting an All-Electric “Reach Code.” Include an all-electric code as part of the City’s 2019 California Building Code Update that would apply to new low-rise residential development (single-family homes, detached accessory dwelling units, and multi-family buildings up to three-stories) starting in 2020.

Solid Waste
• Implement Zero-Waste Resolution. Implement the zero-waste resolution adopted by the City Council as recommended by Zero Waste Sonoma, the joint powers authority formerly known as Sonoma County Waste Management Agency, or SCWMA.
• Make it Easy to Recycle. Strive to install recycling containers for metal, paper, and plastics at all trash container locations in the City of Cloverdale. • Strive to make Friday Night Live Zero Waste. Work with Cloverdale Arts Alliance to implement measures to reduce waste from events. Allow for reusable cups, utensils and plates.
• Consider Polystyrene Ban. Consider passing a ban on polystyrene food service containers as recommended by Zero Waste Sonoma.
86 Resolution No. 91-2019
Exhibit A

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Transportation
• Consider Electrified Fleet Mix. When possible, replace City pool vehicles, light- and heavy-duty trucks, and other mobile equipment with models that run fully on electricity. Heavy-duty truck and equipment replacement are dependent on availability of models to meet operational duty cycles. • Encourage the Switch to Clean Vehicles. Continue to expand the number of electric vehicle charging stations in Cloverdale through direct installation of public charging stations and through public/private partnerships.
• Consider Updating the Bike and Pedestrian Master Plan. Update the City’s current Countywide Bicycle and Pedestrian Master Plan created by SCTA and adopted in 2008 to reflect more closely the needs of Cloverdale.
• Consider Development and Implementation of a Complete Streets Plan. Utilize the Complete Streets model to support multi-modal transit to accommodate travelers who walk and bike as part of project planning and design work. • Continue support and implementation of safe routes to school and encourage walking to school
Water Delivery and Treatment
• Waste Water PV Solar Energy System. Consider the construction and implementation of solar photovoltaic system at the City’s wastewater treatment plant.

Other
• Equitable Public Health Action Plan. Work with Health Action Network Cloverdale to encourage and assist a coordinated effort among all health care providers to anticipate and prepare for the inevitable health consequences (physical and mental/emotional) resulting from climate change.
• Plant Trees: Plant (appropriate) trees throughout City-owned public space. (Trees provide shade, sequester atmospheric carbon, improve air quality, reduce urban heat island effect, help retain soil moisture, provide habitat, increase property values, etc.) 87 Zoning Text Amendments - Section 18.02.090 (Nonconforming Uses, Structures, Lots and Signs)

18.02.095 – Non-Conforming Gas Stations
A. Purpose. To implement adopted greenhouse gas emissions reduction policies and City Council Climate Emergency Resolution No. 91-2019 through regulations that:

1. Provide for the continued operation of gas stations as legal non-conforming uses and describe when they may be deemed abandoned.

2. Allow alterations to gas stations when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of Zero Emission Vehicles, or enable other uses permitted within the respective zoning district.

3. Prohibit gas station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.

B. Applicability. This section applies to:

1. All lawfully developed and operating gas stations in existence prior to [insert ordinance effective date].

2. All gas stations not yet developed and/or operating but subject to an approved and unexpired land use permit or a planning entitlement application that was submitted prior to the effective date of the ordinance.

C. Modifications to Gas Stations, Generally. Except as provided below, gas station uses and structures related to the sale and dispensing of fossil fuels shall not be enlarged or extended. As determined by the Community Development Director, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers).

D. Modifications to Improve Soil, Groundwater and Stormwater Quality. Gas station uses may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater.

E. Modifications to Improve Traffic Safety. As determined by the City Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a gas station may be modified to improve public safety.

F. Modifications to Enable Zero Emission Vehicle Battery Charging Station. Gas station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. Pursuant to Government Code Section 65850.7, the Zoning Ordinance requires no permit for battery charging stations.

G. Modifications and Expansions for Commercial Uses Other Than Fossil Fuel Sales. Gas station uses and structures may be altered and enlarged to accommodate other commercial uses and retail sales 88 of goods that are not related to fossil fuel, as permitted by the respective zoning district.

H. Discontinuation of a Gas Station Uses or Structures. A gas station use shall not be re-established if such use has been discontinued for a continuous period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Community Development Director may extend the 12-month timeframe for an additional 12 months when presented with documentation demonstrating construction has been pursued diligently and timely.

I. Maintenance. Notwithstanding the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety, including replacement and/or relocation of gas pumps on site without increasing the number of gas pumps. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed necessary. 89 Cloverdale City Council
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
To: Cloverdale City City Council
From: The Coalition Opposing New Gas Stations (CONGAS)
Date: October 14, 2022
Re: CONGAS responses to concerns raised on September 28 Agenda item G.1 – Consideration of moving ban on construction of new gas station infrastructure to the Planning Commission
Dear Mayor Lands, Vice Mayor Wolter, and Councilmembers:

Thank you again for bringing this issue forward for consideration, and thank you for raising the questions and concerns at the City Council meeting on September 28. Below is a brief summary of the concerns raised in italics, with some responses to those questions and concerns in plain text. Note that some similar concerns, raised more than once in the meeting, have been collapsed into a single response.

1. Concern about an existing gas station closing. Would a new vendor be able to reopen in the same location.

Response: CONGAS would not oppose a policy that would allow a developer to replace an existing gas station, within a set time limit, if one of the existing ones were to close. This policy would be similar to the one adopted in Windsor. Item H in the nonconforming uses section:

2. Why is this a city government decision? Why not leave it to market forces? Cities have always played an appropriate decision-making role in the permitting of new gas stations. Zoning codes have designated locations where gas stations may be permitted – or Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 1 90
prohibited. The proposed ordinance would simply remove gas stations as a permitted use in all land use zones. The reason the city needs to take this action is that many gas station developers continue to base their decisions about developing a new gas station on past market conditions. Such a method can no longer be relied upon as a means of forecasting future market conditions. The state is on a trajectory to phase out fossil fuel by 2045 and gasoline sales volumes will only decline over the coming years. A city prohibiting new gas stations is arguably doing developers a favor given that their decision to build likely rests upon erroneous expectations and assessment of the coming market dynamics.

Market forces do not account for “externalities” such as air pollution, groundwater contamination, and soil contamination. It is a government’s role to take action that will protect the health of its residents and to protect its taxable land from uses that will degrade the future value of the property.

3. A suggestion to exclude diesel fuel stations from the ordinance.

Response: CONGAS is not familiar with any proposals for diesel-only fuel stations, or developers that propose such stations. However, if such stations were to be proposed, CONGAS would oppose them. Petroleum diesel is a fossil fuel and is typically dispensed at retail gasoline stations, the target of the ordinance.

4. Concern about lack of electric vehicle (EV) charging capacity; no charging stations in Cloverdale
Response: Most EV charging takes place in the home. Electricity infrastructure in Cloverdale is ubiquitous and largely invisible. There are a total of 3,504 households in Cloverdale. 1 It could be
said that there are 3,504 potential charging stations. Some of these households are multi-family apartments and condos, making the per-unit cost of charging equipment more affordable because of cost savings with bulk installations. This issue is being addressed at the state level.

It is correct that there is insufficient EV charging infrastructure at the current time for the future increase in the numbers of EVs on the road. But increases in both EV adoption and the expansion of EV charging infrastructure take place over time. There are currently at least three publicly accessible charging stations in Cloverdale, according to the EV charging location app
PlugShare.
2 They are noted in the map on the right in green pins. 2 https://www.plugshare.com/
1 https://www.point2homes.com/US/Neighborhood/CA/Sonoma-County/Cloverdale-Demographics.html Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 2 91
Plugshare acknowledges that it doesn’t always have the most up-to-date information, so there may actually be more than three.

In addition to the Plugshare information, Cloverdale has helpful information about EVs at its website.
3 In addition to what is shared on that page about past and current programs, over $10 billion is allocated in the state budget over the next five years for EVs and charging infrastructure, and about $12 billion coming from the federal Inflation Reduction Act in 2023.

5. Gas stations provide other services and needs for the community Response: CONGAS agrees that in the present day, it is correct to count gas stations as essential services. They do provide additional resources given that in many cases car washes and convenience stores are integrated components of the service station. But there is nothing about the ordinance that would impact these existing operations. The only impact, if the city chooses to include it in its ordinance, and which CONGAS recommends, is a prohibition on the expansion of the fossil fueling infrastructure (gas pumps) at these existing stations. This is the policy most if not all of the previous six cities have adopted. All of the ordinances allow improvements, remodeling, and expansions of non-fueling amenities such as the convenience store, restrooms, etc.

6. A concern about a lack of electrical capacity to meet the additional load of an expanded EV fleet; statement that PG&E has stated that it is impossible to meet the demand; concerns about peak load episodes
Response: Cloverdale’s electrical load is served by Sonoma Clean Power (SCP), a Community Choice agency.
4 SCP, like all load serving entities (LSEs) in California, is required to procure “Resource Adequacy,” a procurement of power that is 15% greater than the previous year’s peak load, in order to ensure that an adequate amount of electricity generation has been procured on behalf of Cloverdale residents and businesses. This is why outages are so rare.

Increases in load due to EV expansion will take place over time, not abruptly, so planning for this transition is underway. Assembly Bill 2700 (McCarty) 5 is a new law signed by the Governor
on September 16. It requires LSEs to use all available data to project future EV charging requirements to ensure that their distribution systems are upgraded at the times and locations necessary to support the level of EV charging anticipated by various state goals, regulations, and regional plans.
5 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2700https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=2 02120220AB2700
4 https://sonomacleanpower.org/
3 https://www.cloverdale.net/331/Electric-Vehicles-Charging-Stations Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 3 92
Further, most EV charging does not take place at the time when demand is greatest on the grid, from 4pm to 9pm. Smart charging is available so that charging can take place automatically at optimal times. Plans are underway to aggregate a critical mass of EVs in order to provide power to the grid when needed. EVs are essentially batteries on wheels, so with the right technology and regulations, they can be used as a power resource, not a power drain. EV owners can be compensated for the power they agree in advance to send to the grid.

7. The need for diesel generators at substation required during the recent summer heat and peak demand episode
Response: The proposed ordinance would not impinge on PG&E or anyone else obtaining diesel for utility scale back-up generators or for any other purpose that diesel fuel might be needed. The ordinance would simply mean that the City of Cloverdale ceases to accept and process permit applications for new gasoline stations.

8. Not everyone can afford a Tesla
Response: This is true, not everyone can afford a Tesla. Nothing about the ordinance would force a gas car owner to purchase an EV. In fact, there would be no material change in anyone’s day to day life. The point of the ordinance is to update the city’s code from the last century to be in alignment with 21st century realities. Having gas stations as a permitted use in Cloverdale may not be as bad as some of the zany laws still on the books from a bygone era, 6 but in the
case of gas stations, there are many valid reasons why keeping the permission on the books is problematic. Tesla is not the only EV on the market. As of September 2022, there are 32 fully electric EVs available in the U.S.,
7 not counting plug-in hybrids, many with starting prices far below a Tesla sticker price, with more models coming available every year. There is also a robust secondary EV market emerging with EVs and their battery packs proving to have lasting utility and value.

9. Why can’t new gas stations have charging stations? Or why can’t current stations add a charging station? Use existing gas stations for charging? Can the agencies that are administering the state and federal funds for EV charging infrastructure make the funds available to gas station owners/operators?
Response: There is nothing to stop an existing gas station from installing EV chargers.

Cloverdale has an expedited permitting process for electric vehicle charging stations that anyone can use to get a permit for a charging station in less than a week. 8 It may make sense
for gas stations along freeways to install Level 3 fast chargers. CONGAS is not aware of any 8 https://www.cloverdale.net/DocumentCenter/View/4541/Cloverdale-EV-Charging-Checklist_02202019 7 https://evadoption.com/ev-models/bev-models-currently-available-in-the-us/ 6 https://www.legalzoom.com/articles/top-craziest-laws-still-on-the-books Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 4 93
exclusion of gas stations for eligibility for state EV charging infrastructure funding. The California Electric Vehicle Infrastructure Project,
9 the main program that disburses EV charging
infrastructure funding, offers incentives for the purchase and installation of EV charging infrastructure anywhere in California as long as the charging facility is publicly accessible.

10. Concerns about unintended consequences or impacts on residents Response: The first ordinance prohibiting the construction of new gas stations was enacted in March 2021 in Petaluma. Since that time, Rohnert Park, Sebastopol, Cotati, Santa Rosa, and Windsor have adopted similar prohibitions. To date, there have been no unintended consequences of these ordinances. The cities can be at ease knowing that they will not need to grapple with a new gas station permit application, and the residents can rest assured that no developer will be proposing a new gas station anywhere near where they live, work, or recreate.

11. Concern about Cloverdale having many sites within the business district that are undevelopable due to their former use as a gas station; why can’t gas stations be required to post a bond for decommissioning?
Sonoma County is riddled with leaking underground storage tanks and Cloverdale is no exception. It is pockmarked with undevelopable, abandoned, toxic sites, many of them former gas stations. Why allow more new gas stations to be built now when every gas station site will involve thousands of dollars of remediation at some point? Since the 1980s, gas station owners and operators must post a surety bond to ensure that their cleanup obligations are met, and to contribute to a cleanup fund for abandoned sites. The requirements are administered and enforced by the State Water Boards.
10 The sad reality is that none of these measures have
resulted in avoiding abandoned sites for which there is no responsible party, leaving taxpayers and city coffers holding the bag.

We recognize that we may have left out a point that was raised. If there is something we missed, please let us know and we will do our best to respond.

CONGAS looks forward to working collaboratively to achieve our shared objectives – an equity-centered, safe, clean-emission, climate smart future for Cloverdale.

Sincerely,
Woody Hastings and Jenny Blaker, Co-coordinators, CONGAS 10 https://www.waterboards.ca.gov/water_issues/programs/ustcf/docs/legislative_reports/financialresplongterm.html 9 https://calevip.org/
Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 5 94
1 From: jennyb
Sent: Tuesday, February 21, 2023 11:51 AM
To: City Clerk; Kevin Thompson
Cc: Todd Lands; Gus Wolter; Melanie Bagby; Brian Wheeler; Marjorie Morgenstern; David Kelley; Michael Maloney; CONGAS
Subject: City Council 2/22/23: Agenda item H.1 - prohibition on construction of new gas station infrastructure Attachments: CONGAS LoS to Cloverdale City Council 9-28-22.pdf; Response to Concerns - Cloverdale City Council 9-28-22.pdf; CONGAS LoS - Cloverdale City Council 11-9-22.pdf To: Cloverdale City Council
From: The Coalition Opposing New Gas Stations (CONGAS)
Date: February 21, 2023
Re: Cloverdale City Council meeting, Wednesday, February 22, 2023: Agenda item # H.1. Continued discussion on potential participation in countywide ban on construction of new gas station infrastructure.

Dear Mayor Lands, Vice Mayor Wolter, and Councilmembers:

The Coalition Opposing New Gas Stations (CONGAS) submitted written comments prior to the City Council meeting discussions on this issue on September 28, 2022; then another on October 14 in response to concerns raised on September 28; then again prior to the City Council meeting on November 9, 2022.

This time, we are writing to urge you to direct staff to refer this item to the Planning Commission for their review and recommendation.

The letters we wrote previously are attached for information.

Sincerely,
Woody Hastings and Jenny Blaker, Co‐coordinators, CONGAS cc: David Kelley, City Manager
Kevin Thompson, Asst. City Manager
95 Cloverdale City Council
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
To: Cloverdale City City Council
From: The Coalition Opposing New Gas Stations (CONGAS)
Date: September 27, 2022
Re: Agenda item G.1 – Discussion on potential participation in countywide ban on construction of new gas station infrastructure
Dear Mayor Lands, Vice Mayor Wolter, and Councilmembers:

Thank you for placing this item on your agenda. The Coalition Opposing New Gas Stations (CONGAS) is pleased to offer its enthusiastic support for Cloverdale to adopt an ordinance and make the necessary zoning code amendments in order to prohibit the construction of new gas stations and the expansion of fossil fuel pumping infrastructure at existing gas stations in the City of Cloverdale.

CONGAS, founded in 2019, is a Sonoma County community-based not-for-profit organization with a mission to halt the permitting and construction of new gas stations. Since our founding we have played a role in stopping three gas station proposals and have worked closely with the six cities1that have adopted prohibitions to date.

Our number one recommendation after having experienced six previous actions of this kind, is that the ordinance be kept as simple as possible and focus only on the act of prohibiting new gas stations and the expansion of gas/diesel pumps at existing stations. We’ve found that doing so can be complicated enough. Trying to include anything else that might impact existing operations or proactive measures about clean technologies that you might want to support, risks slowing down or even derailing the effort.

All of the good actions you may want to take on improving walking, biking, transit, and clean vehicle infrastructure deserve full consideration in a separate action.

Three years ago this month, in September 2019, Clovedale adopted a Climate Emergency Resolution.2 The Resolution declared that “a climate emergency threatens humanity” and that the City of Cloverdale “joins a nationwide call for a just transition away from fossil fuels” and a commitment to “enacting policies that dramatically reduce heat-trapping emissions…to restore a safe climate.” This action under 2 https://www.cloverdale.net/DocumentCenter/View/3643/Reso-91-2019-Climate-Emergency 1 Petaluma, Rohnert Park, Sebastopol, Cotati, Santa Rosa, Windsor Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 1 96
consideration is in alignment with the 2019 Resolution. Continuing to have a municipal code that permits the construction of new gas stations is inconsistent with the spirit and letter of the Resolution.

A Cloverdale prohibition would also be consistent with the statewide policy trajectory toward decarbonization. Just this past August, the California Air Resources Board formalized the Governor’s Executive Order of 2020 ceasing registrations of new gas cars by 2035. 3 All of the major auto makers are
committed to increasing production of electric vehicles to meet this goal.

There are multiple reasons to support a prohibition on new gas stations in Cloverdale:
● Every new gas station creates a new toxic site. Inevitable leaks and spills pollute surface and groundwater, and soils, impacting human health and wildlife habitats. Sonoma County is riddled with leaking underground storage tanks;
4 ● Although there are currently no active proposals for new gas stations in Cloverdale, the reality is that there is nothing stopping a developer from proposing one. New gas stations are designed to last at least forty years. Long before that time elapses, we will need to have weaned ourselves off of gasoline to have a livable planet;
● In the event that a new gas station is proposed, without a ban in place, valuable city staff time will be taken up for a project that runs counter to city policy; ● The six operating gas stations that serve Cloverdale should be more than adequate as we transition to zero emission vehicles over the coming decade; ● This is a longstanding environmental justice issue given that every drop of gasoline leaves behind it a wake of destruction – from the extraction, to the transportation by rail, trucks, and pipelines, to refineries – almost always disproportionately impacting indigenous, low income, and communities of color. Ceasing to permit new gas stations is the first step in addressing this historic injustice.

Lastly, the Agenda Report, Budget/Financial Impact states that “the City would forgo new tax revenues that could have resulted from potential new gas stations and/or gas station expansions." The reality is that in California, revenue from gasoline sales are aggregated at the state level, then allocated to cities based on population and number of registered vehicles, and these revenues typically amount to a small percent of a city’s total revenues.
5 So a new gas station in Cloverdale would not significantly increase tax revenues.
5 https://www.coltura.org/gas-stations (scroll to FAQs > The Role of Cities and States, bullet #1) 4 https://geotracker.waterboards.ca.gov/map/?global_id=T0609700749 3 https://ww2.arb.ca.gov/news/california-moves-accelerate-100-new-zero-emission-vehicle-sales-2035 Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 2 97
CONGAS looks forward to working collaboratively to achieve our shared objectives – an equity-centered, safe, clean-emission, climate smart future for Cloverdale. We urge you to pursue a prohibition on new gas stations as soon as possible.

Sincerely,
Jenny Blaker and Woody Hastings, Co-coordinators, CONGAS Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 3 98
Cloverdale City Council
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
To: Cloverdale City City Council
From: The Coalition Opposing New Gas Stations (CONGAS)
Date: October 14, 2022
Re: CONGAS responses to concerns raised on September 28 Agenda item G.1 – Consideration of moving ban on construction of new gas station infrastructure to the Planning Commission
Dear Mayor Lands, Vice Mayor Wolter, and Councilmembers:

1. Concern about an existing gas station closing. Would a new vendor be able to reopen in the same location.

2. Why is this a city government decision? Why not leave it to market forces? Cities have always played an appropriate decision-making role in the permitting of new gas stations. Zoning codes have designated locations where gas stations may be permitted – or Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 1 99
prohibited. The proposed ordinance would simply remove gas stations as a permitted use in all land use zones. The reason the city needs to take this action is that many gas station developers continue to base their decisions about developing a new gas station on past market conditions. Such a method can no longer be relied upon as a means of forecasting future market conditions. The state is on a trajectory to phase out fossil fuel by 2045 and gasoline sales volumes will only decline over the coming years. A city prohibiting new gas stations is arguably doing developers a favor given that their decision to build likely rests upon erroneous expectations and assessment of the coming market dynamics.

3. A suggestion to exclude diesel fuel stations from the ordinance.

It is correct that there is insufficient EV charging infrastructure at the current time for the future increase in the numbers of EVs on the road. But increases in both EV adoption and the expansion of EV charging infrastructure take place over time. There are currently at least three publicly accessible charging stations in Cloverdale, according to the EV charging location app
PlugShare.
2 They are noted in the map on the right in green pins. 2 https://www.plugshare.com/
1 https://www.point2homes.com/US/Neighborhood/CA/Sonoma-County/Cloverdale-Demographics.html Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 2 100
Plugshare acknowledges that it doesn’t always have the most up-to-date information, so there may actually be more than three.

Increases in load due to EV expansion will take place over time, not abruptly, so planning for this transition is underway. Assembly Bill 2700 (McCarty) 5 is a new law signed by the Governor
on September 16. It requires LSEs to use all available data to project future EV charging requirements to ensure that their distribution systems are upgraded at the times and locations necessary to support the level of EV charging anticipated by various state goals, regulations, and regional plans.
5 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2700https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=2 02120220AB2700
4 https://sonomacleanpower.org/
3 https://www.cloverdale.net/331/Electric-Vehicles-Charging-Stations Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 3 101
Further, most EV charging does not take place at the time when demand is greatest on the grid, from 4pm to 9pm. Smart charging is available so that charging can take place automatically at optimal times. Plans are underway to aggregate a critical mass of EVs in order to provide power to the grid when needed. EVs are essentially batteries on wheels, so with the right technology and regulations, they can be used as a power resource, not a power drain. EV owners can be compensated for the power they agree in advance to send to the grid.

Cloverdale has an expedited permitting process for electric vehicle charging stations that anyone can use to get a permit for a charging station in less than a week. 8 It may make sense
for gas stations along freeways to install Level 3 fast chargers. CONGAS is not aware of any 8 https://www.cloverdale.net/DocumentCenter/View/4541/Cloverdale-EV-Charging-Checklist_02202019 7 https://evadoption.com/ev-models/bev-models-currently-available-in-the-us/ 6 https://www.legalzoom.com/articles/top-craziest-laws-still-on-the-books Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 4 102
exclusion of gas stations for eligibility for state EV charging infrastructure funding. The California Electric Vehicle Infrastructure Project,
9 the main program that disburses EV charging
infrastructure funding, offers incentives for the purchase and installation of EV charging infrastructure anywhere in California as long as the charging facility is publicly accessible.

We recognize that we may have left out a point that was raised. If there is something we missed, please let us know and we will do our best to respond.

CONGAS looks forward to working collaboratively to achieve our shared objectives – an equity-centered, safe, clean-emission, climate smart future for Cloverdale.

We are pleased to see this draft ordinance on your agenda again for consideration. On behalf of CONGAS and its hundreds of supporters in Sonoma County, we are writing to encourage you to refer this matter to your Planning Commission to review the draft ordinance in detail to ensure that the draft that comes back to the Council at a future date is one that is appropriate for Cloverdale.

We are also pleased to see that one of the key issues raised at the September 28th meeting appears to have been resolved in the revised draft text in Appendix 4, provision H., which allows the restarting of a closed gas station for up to 24 months:
“H. Discontinuation of a Gas Station Uses or Structures. A gas station use shall not be re-established if such use has been discontinued for a continuous period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Community Development Director may extend the 12-month timeframe for an additional 12 months when presented with documentation demonstrating construction has been pursued diligently and timely.” We also agree with the provision to allow improvements on the properties not related to fossil fueling infrastructure.

Regarding staff’s comments in the Budget/Financial Impact section:

This section states that “the City would forgo new tax revenues that could have resulted from potential new gas stations and/or gas station expansions.” This may be true to a small degree, but two points bear noting. One is that gasoline sales taxes are collected by the state and distributed to local governments statewide based on several criteria, so there is no significant Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 1 104
increase to Cloverdale’s general fund or for any individual city each time a new gas station is opened anywhere in the state. Secondly, the risk of costs to the city associated with permitting a new toxic site, that may be abandoned by the responsible party in the future and require remediation, should be taken into account. As noted by councilmembers in the September 28 meeting, the city is “pockmarked” with partially remediated brownfields that cannot be used for most commercial purposes due to the previous contamination. That is a cost to the city.

This section also states that the city may need to incur costs if further CEQA review is required for this ordinance. However, all six cities that have previously adopted a permanent prohibition found that these ordinances are exempt from further CEQA review and to date there has been no challenge to this finding.

Lastly, this section includes this statement: “Consideration is needed for potential VMT impacts, impacts to disadvantaged communities...” As this ordinance does not change the current situation, and given that there are six operating gas stations in Cloverdale and that Cloverdale residents are already adjusted to the current number and location of gas stations, there is no reason to anticipate an increase in vehicle miles traveled. Similarly there is no evidence that prohibiting new gas stations increases gasoline prices. We are confident that any other outstanding issues within their purview can be resolved in the Planning Commission process or when the ordinance comes back to the Council.

We look forward to working collaboratively to achieve our shared objectives – an equity-centered, safe, clean-emission, climate smart future for Cloverdale.

Sincerely,
Woody Hastings and Jenny Blaker, Co-coordinators, CONGAS cc:

David Kelley, City Manager
Kevin Thompson, Asst. City Manager
Coalition Opposing New Gas Stations ⧫ (707) 238-2298 ⧫ [email protected] www.con-gas.org 2 105
1 From: ROB KOSLOWSKY
Sent: Monday, February 20, 2023 6:46 AM
To: ROBERT KOSLOWSKY
Subject: Electric Vehicles Mandated, But are the Resources to Build Them Lacking? Biden Wants EVs But Not the Utilization of American Resources to Build Them “The Biden Administration is heavily subsidizing electric vehicles, but at the same time it is blocking mineral projects needed to produce them . . . At least the Administration is consistent on one point: It wants to keep all U.S. natural resources that could be strategic energy assets in the ground.”
- Biden’s Green-Energy Mineral Lockup, WSJ Editorial Board, January 30, 2023 “Every month PG&E requests an increase. There is no way they can handle an all-electric service for everyone. Monthly bills of $600 and above are criminal just to keep families warm.” - Rose Opatz, Cloverdale resident, February 6, 2023
A January 2023 report, produced by U.C. Davis and the Climate + Community Project [1] — Achieving Zero Emissions with More Mobility and Less Mining — highlights “the vast personal, environmental and economic sacrifices needed to meet the left’s net-zero climate goals. Progressives’ dirty little secret is that everyone will have to make do with much less—fewer cars, smaller houses and yards, and a significantly lower standard of living [2].”
The problems with forcing a move to electric vehicles (EVs) is that it accelerates the very goal the elitists and activists are seeking to solve — achieving zero emissions.

First, EVs require massive amounts of mined minerals such as lithium, cobalt, graphite, and nickel, which must be extracted from the ground, just like fossil fuels. According to this new report, “If today’s demand for EVs is projected to 2050, the lithium requirements of the US EV market alone would require triple the amount of lithium currently produced for the entire global market.” “Unlike fossil fuels, these minerals are mostly found in undeveloped areas that have abundant natural fauna and are often inhabited by indigenous people,” adds one media outlet [2]. The U.C. Davis report concedes, “Large-scale mining entails social and environmental harm, in many cases irreversibly damaging landscapes without the consent of affected communities.” Although mining can be performed safely, it is often not done so in poorer and less-developed countries [3].

Second, massive amounts of energy and water are required for the extraction of minerals from the Earth (mining) and the subsequent processing (refining) of them. The U.C. Davis report highlights that mining accounts for 4 to 7 percent of global greenhouse-gas emissions. Furthermore, the shift of conventional automobile manufacturing to all-electric manufacturing hurts American interests in favor of China, 106
2 Congo, Indonesia, and Australia’s interests. The following bar chart illustrates these facts.
107
3 108
4 The intervention of the federal government with massive subsidies is demanding (and encouraging) U.S. car manufacturers to build more electric vehicles and shutter traditional automobile plants. In spite of this maneuvering to reduce the carbon footprint, “auto makers have made a priority of manufacturing [the larger and much more profitable] electric pick-up trucks and SUVs because drivers like them, but they require much bigger batteries and more minerals [2].” The carbon footprint is growing with EVs and its growth is being subsidized by the federal government. Furthermore, zero emissions will not be possible since the production of more EVs requires more mining, which, in turn, will increase carbon dioxide (CO2) emissions. “It will also destroy tropical forests and deserts,” writes the Wall Street Journal, “that currently suck CO2 out of the atmosphere [1,2].”
Third, too many cars, regardless of whether they’re EVs or traditional gasolinepowered cars (including hybrids such as the Prius) must be curtailed, claim the authors of the study. This U.C. Davis report shuns the energy intensity of an individual’s transportation needs [1], “Producing EVs and building and maintaining roads, highways, and parking lots are energy- and emissions-intensive processes with high levels of embodied carbon.” The report goes on to say, “Electrification of the US transportation system will massively increase the demand for electricity while the transition to a decarbonized electricity grid is still underway.” The report looks for policy makers to achieve a global temperature rise of no more than

1.5 degrees Celsius above preindustrial times. To hit this goal the report recommends government policies that promote walking, cycling, and mass transit. Private vehicle ownership, EV or not, will have to be curtailed by mandate or by making it too expensive to operate. “Governments, the report says, could reduce financial subsidies for private vehicles,’ such as on-street and free parking. They could also impose charges on pickup trucks and SUVs (including electric ones) and build more bike lanes. Urbanites who suspect the expansion of bike lanes in their cities is intended to force people to stop driving aren’t wrong [2].”
Eliminating cars of all types is the ultimate goal of politico activists. This is why progressives have mobilized their ranks against nearly every mineral mining project in the U.S. [4-6]. The scenario envisioned by activists is as follows:
 A supply chain shortage of American minerals will cause prices for electric vehicles to continue to rise at even greater rates than they have over the past year [7].  Americans will not be able to afford a new electric car, even with generous state and federal government subsidies for their purchase, new parking fees and restrictions, and invoking charging-time restrictions to shore-up the shaky electrical grid [8].
 Residents will be forced to use less carbon-intensive mass transit, or propel themselves down bike lanes on their new or refurbished bicycles, or walk (if able).

The irony over the forced mineral shortage (through protests and activism) is that “there won’t be nearly enough minerals to make the massive batteries necessary to back up an electric grid powered by unreliable wind and solar. So Americans will have to consume less energy—for instance, by setting their thermostats to 80 in summer and 65 in winter—and pay more for it [2].”
109
5 Activists’ ultimate goal, it seems, is to reduce consumption, prosperity, independence, resilience, and living standards, because of their belief that humanity is a threat to the Earth. I’d argue that activists are the threat to humanity by forcing bad public policy decisions [1,9] to be enacted.
“Green-energy subsidies and border taxes will lead to a misallocation of investment that means higher costs and slower growth. Subsidized companies like GM and other EV makers will become political hostages in the green trade wars . . . The force-fed green transition to 110
6 nowhere is emerging as the greatest economic and strategic mistake since the credit mania of the 2000s. Consumers will pay and pay again.”
- The Green Subsidy War Accelerates, WSJ Editorial Board, February 6, 2023 “Renewable energy promoters don’t want to admit that wind and solar are undermining the grid.”
– Get Ready for the Blackouts, Robert Bryce, WSJ, Sept 7, 2021 [1] “The Climate and Community Project (CCP) works to connect the demands of the climate justice movement to the policy development process. We aim to do this by developing new, investment- forward public policy proposals under the framework of the Decade of the Green New Deal that target the intersection of climate justice and the built environment. We support efforts to address the climate emergency at the scale, scope, and pace needed to confront our overlapping crises.” - Pulled from the web, February 2023: Thea Riofrancos, Alissa Kendall, Kristi K. Dayemo, Matthew Haugen, Kira McDonald, Batul Hassan, Margaret Slattery, and Xan Lillehei, "Achieving Zero Emissions with More Mobility and Less Mining," 2023, Climate and Community Project. [2] Allysia Finley, The Climate Crusaders Are Coming for Electric Cars Too, WSJ, February 13, 2023.

See also More Than a Baker’s Dozen Reasons Not to Buy an EV During This Decade, R.K. Koslowsky, submitted July 11, 2022. The graphic below is taken from the “Reasons Not to Buy an EV” analysis. 111
7 112
8 [3] “But the quest for Congo’s cobalt has demonstrated how the clean energy revolution, meant to save the planet from perilously warming temperatures in an age of enlightened self-interest, is caught in a familiar cycle of exploitation, greed and gamesmanship that often puts narrow national aspirations above all else, an investigation by The New York Times found. - https://www.nytimes.com/2021/11/20/world/china-congo-cobalt.html Read also, “Cobalt Red: How the Blood of the Congo Powers Our Lives,” Siddharth Kara, 2023. [4] The protest against mining nickel in Minnesota is one such roadblock to building an American supply chain for electric vehicle manufacturing. In this February 2022 news report, “Opponents argued that the [nickel] mine would threaten water, destroy habitats, and violate Ojibwe treaty rights.” - https://nativenewsonline.net/environment/tesla-signs-deal-with-minnesota-based-nickel-mine-minecould-violate-treaty-rights-threaten-water-rice-fish-more-in-the-mississippi-river-watershed “The Biden Administration is heavily subsidizing electric vehicles, but at the same time it is blocking mineral projects needed to produce them. Another example of this head-scratching contradiction came Thursday when Interior Secretary Deb Haaland walled off much of Minnesota’s Superior National Forest from mining . . . Minnesota’s Duluth Complex has one of the world’s largest undeveloped mineral deposits, including copper, nickel and cobalt that are needed in vast quantities for EV batteries. Ms. Haaland is assuring the deposit stays undeveloped by signing an order withdrawing more than 225,000 acres in the Superior National Forest from mining for two decades. At least the Administration is consistent on one point: It wants to keep all U.S. natural resources that could be strategic energy assets in the ground.” - Biden’s Green-Energy Mineral Lockup, WSJ Editorial Board, January 30, 2023 [5] The protest against mining lithium in Nevada, near Oregon, is another roadblock to building an American supply chain for electric vehicle manufacturing. In this January 2023 news report “Lithium Nevada and the Bureau of Land Management say the project atop an ancient volcano is critical to meeting growing demand for lithium to make electric vehicle batteries — a key part of President Joe Biden's push to expedite a transition from fossil fuels to renewable energy . . . Opponents say it will destroy dwindling habitat for sage grouse, Lahontan cutthroat trout, pronghorn antelope and golden eagles.” - https://www.voanews.com/a/tribes-environmentalists-challenge-planned-nevada-lithium-mine- /6906760.html
[6] “Where will the minerals come from that are needed to create a massive increase in the production of solar panels, wind farms and electric cars? If mining can’t be done in an ecologically sound manner here in the U.S., what is the ecological and human cost that we will impose elsewhere, on the places where this mining is done?”
- Ann Kosobud, Indianapolis, Indiana, February 11, 2023 [7] RJ Scarige, the CEO of electric truck manufacturer Rivian, commented April 11, 2022 on the electric vehicle battery supply chain: “Put very simply, all the world’s cell production combined represents well under 10% of what we will need in 10 years . . . Meaning, 90% to 95% of the supply chain does not exist.”
[8] The state of California demands that electric vehicles be charged at night to avoid destabilizing the electric grid. It has compelled California utilities to offer lower electrical rates during the night as part of a time-of-use rate plan: “The major benefit of Time-of-Use (TOU) accrues to the utility, which then no longer needs to support standby power resources during peak power times (hence the ongoing brownouts and blackouts of which we’ve had many so far this year from our clean energy supplier, Sonoma Clean Power). Furthermore, according to Gretchen Bakke, adopting TOU in accordance with the utility operator’s wishes “means keeping costs down, not investing sufficiently in new equipment, and not building new transmission highways to free up bottlenecks.” Hence the ongoing cycle of rotating blackouts . . . Any financial benefit for the utility customer has been wiped away over the past few years with double-digit rate increases, while increasing customer inconvenience and decreasing productivity.” - See The Peak Power and TOU Conundrum, R.K. Koslowsky, submitted September 6, 2021 [9] As Herman & Pompeo wrote in February 2023: “. . . human yearning for freedom is universal and that America’s leadership in the world depended not only on military or economic power but also on its ability to demonstrate how freedom creates prosperity and happiness.” Excess regulation and government mandates on where and how to live, and what to drive, or how to move, restricts basic freedoms. - Herman & Pompeo, If Biden Won’t Stand for Freedom, Congress Can, WSJ, February 15, 2023 It appears that Chevrolet’s tag line from its 1989 Mr. Goodwrench commercial, “It’s not just a car; it’s your freedom,” was prescient.
- Peter Tarnawskyj, South Wales, N.Y., February 17, 2023 113
9 Rob Koslowsky
Author of The Tubbs Fire.

Also author of The Upstart Startup & Breach of Trust.

Author's page
114
1 From: ROB KOSLOWSKY
Sent: Wednesday, February 22, 2023 7:54 AM
To: Michael Maloney
Cc: Todd Lands; Gus Wolter; [email protected] Subject: Further to Agenda item G.1 - on gas station ban Mike, Todd, Gus, and Councilmembers,
Rather than banning gas stations in town it may be time to update Cloverdale’s Climate Emergency Resolution to include an added call for a just transition away from the use of rare earth minerals (found in solar panels and electric vehicle batteries) that are mined using slave labor and processed by countries that violate human rights.

I read CONGAS’s multiple reasons to support bans on gas stations in Cloverdale. The same can be said for bans on solar panels and electric vehicle batteries (as well as backup-battery systems) in Cloverdale.

Consider the following:
 Every new solar system installation and battery for electric vehicles (as well as those for solar backup) creates a new toxic site. Inevitable leaks pollute groundwater, soils, and plants, impacting health and wildlife habitats. Sonoma County will be riddled with leaching cells from the lead and cadmium in solar panels [1] and from the leaching of cobalt, nickel, and manganese in lithium batteries [2]. Additionally, the growing number of fires in landfills or batteryrecycling facilities will become more problematic going forward [3].  Use of rare earth minerals, predominantly sourced from China, is a growing environmental justice issue given that every microgram of lead, cadmium, cobalt, and other rare earth mineral leaves behind a wake of destruction — from the extraction, to the processing, to product realization — almost always disproportionately impacting indigenous and low income communities.

Furthermore, the use of such minerals condones and expands the use of slave labor and human rights violations. Ceasing to permit new EV charging stations is the first step in addressing these ongoing injustices.
 Use of higher electric rate schemes and the ratcheting up of both state and federal tax dollars to fund unreliable and intermittent electric-based services for transportation and residential living is a form of wealth redistribution, that takes from the poor and gives to the rich [4].

I reiterate, rather than banning gas stations in Cloverdale, it may be time to update Cloverdale’s Climate Emergency Resolution to include an added call for a just transition away from the use of rare earth minerals that are mined used slave labor and processed by countries that violate human rights.
[1] The leaching potential of lead is approximately 4 grams per kilowatt installed for Silicon panels.

The leaching potential of cadmium is 23 grams of per kilowatt installed for CdTe panels. Cadmium, according to industry executives, is considered 10 times more hazardous than lead. https://www.energymatters.com.au/renewable-news/em1469/ 115
2 [2] “What links the battery in your smartphone with a dead yak floating down a Tibetan river? The answer is lithium – the reactive alkali metal that powers our phones, tablets, laptops and electric cars . . . In May 2016, hundreds of protestors threw dead fish onto the streets of Tagong, a town on the eastern edge of the Tibetan plateau. They had plucked them from the waters of the Liqi river, where a toxic chemical leak from the Ganzizhou Rongda Lithium mine had wreaked havoc with the local ecosystem.” https://www.wired.co.uk/article/lithium-batteries-environment-impact [3] Recent fires and more to come:

Lithium ion batteries ignite three garbage truck fires in California, Dec 12, 2022. https://www.autoblog.com/2022/12/12/trash-truck-battery-fire-ca/ Tesla Megapack battery caught fire at PG&E substation in California, Sept 20, 2022. https://www.cnbc.com/2022/09/20/tesla-megapack-battery-caught-fire-at-pge-substation-incalifornia.html California County Tells People to Shelter In Place Because of Tesla Battery Fire: Smoke from lithium ion battery fires is toxic, October 17, 2022.
https://www.publicpower.org/periodical/article/recent-california-energy-storage-battery-fire-drawsrenewed-attention-storage-safety-issues [4] https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/demand-side-management/netenergy-metering/nem-revisit/net-billing-tariff-fact-sheet Rob Koslowsky
Author of The Tubbs Fire.

Also author of The Upstart Startup & Breach of Trust.

Author's page
116
1 From: ROB KOSLOWSKY
Sent: Wednesday, February 22, 2023 8:00 AM
To: Michael Maloney
Subject: Original figures-graphics for the piece you included in the agenda mailing Attachments: EV Battery-supply chain graphic_IEA et al.jpg; EV Electricity Demands_Edmunds_PG&E_RKK_version

1.jpg; Pepper and Salt_Solar-timer_WSJ_Feb 6 2023.jpg
Mike,
Attached are the three figures.

In the attachment, where you included them as part of my piece earlier this week, the figures didn't show properly.

Have a great day!
...Rob
117
118
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City Council/Successor Agency
Agenda Item Summary Agenda Item: H.2
Meeting Date: Feb. 22, 2023
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Kevin Thompson, Assistant City Manager / Comm. Dev. Dir Hector Galvan, Parks Superintendent
Agenda Item Title: Dog Park Capital Improvement Project. _______________________________________________________________________________________ Recommended Council Action(s): Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale authorizing the initiation of the construction of a dog park on a property owned by the Sonoma Marin Area Rail Transit (SMART) located at 501 S. Asti Road (APN 116-260-047), approving an amendment to the Capital Improvement Program (CIP) to include a revised Dog Park CIP project worksheet and cost estimate, approving a Budget Amendment to FY 22/23 Budget in the amount not to exceed $199,433, authorizing the City Manager to enter into license agreement with SMART in a form approved by the City Attorney and approve a Professional Service Agreement with Moe Engineering for design work in and amount not to exceed $25,500.”
_______________________________________________________________________________________ Background/Summary: Construction of a City dog park has been a goal of the City Council for many years.

Several Council Subcommittees, including Planning and Sustainability, Public Works and Facilities, and Finance, Administration and Police have discussed the location for a future dog park to service the needs of our community. To realize this goal, staff was tasked with searching for potential sites throughout town.

During that search, a SMART owned parcel located at 501 S. Asti Road, south of the transit station, was identified as a potential location for siting of a dog park. After meeting with representatives from the Sonoma Marian Area Rail Transit (SMART) representatives, the City received support for utilizing the property owned by SMART subject to entering into a licensing agreement for the use of the site.

CIP Amendment:

The current Five Year (2022-2027) Capital Improvement Plan (CIP) adopted in 2022, contains a capital project project for the future development of a dog park. The current dog park CIP project worksheet was a placeholder for a future park, not specific to a particular site. This dog park proposal has a specific site with identified design improvements each with a cost estimate as listed below. Staff is proposing an amended CIP project work sheet (Attachment 2), specifically identifying the proposed improvements for the dog park.

Budget Amendment:

The FY 22/23 Budget does not include funding for the creation of a dog park. The attached resolution amends the FY 22/23 budget to include funding the amount of $199,433 (including 20% contingency) for the construction of the dog park. A list of expenditures can be found below. Staff is proposing the project be funded with Park Impact Fee (508-00-999-49999-000). The current fund balance is approximately $550,000.

Licensing Agreement:

SMART has provided a draft licensing agreement (Attachment 4) which will allow the City to use the subject property for construction and maintenance of an approximately 20,000 square feet dog park facility. The dog park is expected to promote activity at Smart’s Cloverdale Station Depot location while providing local 121
City Council/Successor Agency Agenda Item Summary
Meeting Date: February 22, 2023
Item No. H.2

Page 2 of 3 ends

residents with a desirable community amenity. The License Agreement is currently under review by SMART’s Legal Counsel and will require approval by the SMART Board of Directors subsequent to approval by the City Council.

Proposed Site Improvements:

The proposed dog park will include the following project elements:

1. A 250’x55’ area with one double gated public entrance. The proposed size is similar to the dog parks in both Windsor and Cotati.

2. A second gate to allow service vehicles access.

3. An ADA ramp that will provide an accessible path from the parking lot/Asti Road to the entrance gate. a. With design, the cost is estimated at $81,500
b. This cost includes hiring Moe Engineering for design work at $25,500 (Attachment 5) c. The construction of the ramp, estimated at $55,000.

4. A 4-foot-high black cyclone fence - $27,395 (attachment 6)

5. site work (grading and drainage) - $25,000

6. Thirty (30) trees to provide shade and drip irrigation.

Although not included in this proposal, an area for a future shade structure will be identified. The proposed park design also does not include segregation areas for different dog sizes at this time.

Proposed Site Improvements Cost Estimate:

ADA Ramp Plans and Design $25,500
ADA Ramp. $55,000 (estimate)
Paint at Crosswalk near ADA ramp $1,000
Site Work Grading and Drainage $25,000
Perimeter fencing $27,395
Drinking fountain $11,000
Certified woodchips $8,500
Weed barrier fabric $3,000
Drip system and 30 trees $3,500
Backflow device, water meter and water service $5,000
Garbage Receptacle $500
Doggie station waste bags $500
Park signage $300
Sub Total: $166,195
Contingency (20%): $33,283
TOTAL: $199,433
Optional Components:

Two Dumor benches, one bench, one picnic table $6,000
Shade structure $5,000
Additional electrical for lighting $15,000
TOTAL: $26,000
Note: To minimize project delivery costs, staff will conduct the bidding process and provide construction management inhouse.
122
City Council/Successor Agency Agenda Item Summary
Meeting Date: February 22, 2023
Item No. H.2

Page 3 of 3 ends

The attached resolution accomplished the following.

1. Initiates the construction of a dog park on a property owned by the Sonoma Marin Area Rail Transit (SMART).

2. Amends the CIP to reflect an updated CIP Dog Park worksheet and cost estimate for the construction of a dog park at a specific location.

3. Amends the FY 22/23 Budget to include $199,433 in funding for the construction of a dog park. The funding is proposed to be allocated from the Park Impact Fee (508-00-999-49999-000), leaving a remaining balance of approximately $350,000.

4. Approves a license agreement with SMART for the use of the site, in a form approved by the City Attorney and authorizes the City Manager to sign the agreement on behalf of the City.

5. Authorizes the City Manager to enter into a Professional Services Agreement with Moe Engineering for design work on an ADA ramp, in amount not to exceed $25,500. ________________________________________________________________________________________ Subcommittee Recommendation: Bring forward for consideration. ________________________________________________________________________________________ Budget/Financial Impact:

Parks & Recreation Impact Fee Funds are proposed to be utilized to fund the Dog Park CIP. The current fund balance of the Park & Recreation Park Impact Fee Fund is approximately $550,000. The Fund balance would be reduced to approximately $350,000 if the budget amendment is approved. ________________________________________________________________________________________ Attachments:

1. Resolution

2. Exhibit A - Revised CIP Dog Park Worksheet

3. Exhibit B - Budget Adjustment Form

4. Exhibit C - Draft SMART Property License Agreement

5. Exhibit D - Moe Engineering Proposal

6. Coggins Fencing Estimate
123
1 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AUTHORIZING THE INITIATION OF THE

CONSTRUCTION OF A DOG PARK ON A PROPERTY OWNED BY THE SONOMA MARIN AREA RAIL TRANSIT (SMART) LOCATED AT 501 S. ASTI ROAD (APN 116-260-047), APPROVING AN AMENDMENT TO THE

CAPITAL IMPROVEMENT PROGRAM (CIP) TO INCLUDE A REVISED DOG PARK CIP PROJECT WORKSHEET AND COST ESTIMATE, APPROVING A BUDGET AMENDMENT TO FY 22/23 BUDGET IN THE AMOUNT NOT TO EXCEED $199,433, AUTHORIZING THE CITY MANAGER TO ENTER INTO LICENSE AGREEMENT WITH

SMART IN A FORM APPROVED BY THE CITY ATTORNEY AND APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH MOE ENGINEERING FOR DESIGN WORK IN AND AMOUNT NOT TO EXCEED $25,500.” WHEREAS, interest in the creation of a city dog park has been expressed by the Cloverdale City Council and the citizens of Cloverdale for many years; and
WHEREAS, the City of Cloverdale does not currently have at formal dog park for use by residents; and WHEREAS, the City of Cloverdale has collected Park Impact Fees from various development projects over the course of many years; and
WHEREAS, the City of Cloverdale has identified Park Impact Fee funding sufficient to complete a dog park project and fund a 20% contingency; and
WHEREAS, the City staff has developed an updated cost estimate to deliver the various components required to complete the design and construction of the proposed dog park; and WHEREAS, City staff has collaborated with Sonoma Marin Area Rail Transit (SMART) on a license agreement to utilize a portion of SMART right-of way for construction of a proposed dog park within the City of Cloverdale.

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

1. Approves an amendment to the Five Year 2022-2027 Capital Improvement Plan (CIP) Dog Park CIP project (Exhibit A) in the Parks and Recreation portion of the CIP that includes updated/revised cost estimates for the project;

2. Approves a budget allocation in the FY 2022-2023 budget in the amount of $199,433 (includes 20% contingency) (Exhibit B);

3. Approves a License Agreement with Sonoma Marin Area Rail Transit (SMART) for a dog park (Exhibit C) and authorize the City Manager to execute the agreement in a form acceptable by the City Attorney; and

4. Authorizes the City Manager to enter into a Professional Services Agreement with Moe Engineering based on a proposal for design work (Exhibit D) for an ADA ramp for the proposed dog park, in amount not to exceed $25,500.
124
2 REGULARLY PASSED AND ADOPTED by the City Council of the City of Cloverdale on this 22nd day of February 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Mike Maloney, City Clerk
Attachments:

Exhibit A – Dog Park Project Budget Amendment Worksheet Exhibit B – Budget Adjustment Form
Exhibit C – Draft License Agreement
Exhibit D – Moe Engineering Proposal
125

YES ( )

NO ( X )
Item
Budget
FY 16-17
Est
Expend
FY 16-17 2022 2023 2024 2025 2026 Total
Project ADA Ramp Est. $55,000
Costs: ADA Ramp Plans and Design $25,500
Paint at Crosswalk near ADA ramp $1,000
Site Work and Drainage $25,000
Perimeter fencing $27,395
Drinking fountain $11,000
Certified woodchips $8,500
Weed barrier fabric throughout $3,000
Drip system and 30 trees planted $3,500 $ - $ - $ -
Funding Backflow device, water meter and water service $5,000 Sources: Garbage Receptacle $500
Doggie station waste bags $500
Park signage $300
Contingency $33,283
Total $ - $ - $ - $199,478 $ - $ - $ - $ -
Estimated
O & M
Appropriations beyond the
5-year program period are
needed to complete project:

General Plan Consistency:

Provide diverse recreational opportunities.
126
Budget Amendment Form

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount
100 00.999 199,433
REVENUE TOTAL 199,433

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
508 00.999 199,433
100 40.404 199,433
EXPENDITURE TOTAL 398,866

PURPOSE
Date Date
Date Entered by Date
49999.000
49130.000
Amend FY 22-23 Budget to include dog park construction initiation City Manager
Construction
Department Head Finance Director
Date Prepared
February 15, 2023
Account Description Account No.

Parks
Transfer In
Account No.
39999.000
Transfer Out
Requesting Department
Account Description
Prepared By
Kevin Thompson
X:\Agenda Development\COUNCIL\2023 REPORTS\2-22-2023\New Business\2. Dog Park Budget Amendment\Attachment 3 - Exhibit B - Dog Park Court Budget Amendment Form 127

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
SMART LICENSE AGREEMENT No. 2022- LIC- 003
This License Agreement is entered as of the _____ day of __________, 20_____ (“Effective Date”) between the SONOMA-MARIN AREA RAIL TRANSIT DISTRICT, a California public agency (hereinafter “SMART” or “Licensor”) and the City of Cloverdale, a California municipal subdivision (hereinafter “City”, “Cloverdale” or “Licensee”), and all together referred to as the “Parties”.

RECITALS
A. WHEREAS, SMART is the owner of Railroad corridor right-of-way (“Right-of-Way”), and specifically that certain real property on Asti Road between Milepost(s) 84.65 and 84.7, in the City of Cloverdale, in the County of Sonoma, CA 95425, designated Sonoma County Assessor’s Parcel Number(s) 116-260-047 as depicted on Exhibit A which is attached to this Agreement and incorporated into it by this reference (hereinafter the “Property” or SMART’s Property”).

B. WHEREAS, SMART has policies regulating and governing the use of its Property, including a licensing process requiring a fully executed License Agreement to enable such use.

C. WHEREAS, Licensee desires to and/or has obtained a Right of Entry Permit from Licensor to enter upon Property for the purposes of undertaking certain work ("Work"), as attached and incorporated hereto in the Right of Entry (“ROE”) Permit in Exhibit D. Such work shall consist of constructing a dog park facility (hereinafter the “park” or the “dog park” or the “Facility”) as shown in Exhibit B (“Description of Work”), adjacent to SMART-owned tracks and SMART’s Cloverdale Station Depot site in the location(s) depicted in the “License Area” containing approximately 20,000 square feet, as shown on Exhibit A, both attached and incorporated hereto.

D. WHEREAS, Licensee desires to obtain a Property License from SMART for the purposes of leaving said Facility referenced in Paragraph C of these Recitals, in the License Area within SMART’s Property.

E. WHEREAS, Licensee desires to develop, construct and maintain a dog park on the Property consisting of approximately 20,000 square feet of Sonoma County Assessor’s Parcel Number(s) 116- 260-047 that includes a fenced area, accessible path and various improvements.

F. WHEREAS, Licensee’s dog park is expected to promote activity at SMART’s Cloverdale Station Depot location while providing local residents with a desirable community amenity.

G. WHEREAS, until such time as the property can be used for rail passenger service, or some other public transportation purpose by SMART, SMART is willing to permit the City to develop, construct, use and maintain the Property as dog park facility.
128

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
H. Licensee agrees that said Right of Entry Permit, as referenced in Paragraph C of these Recitals, is to be, or has been, applied for independently of this License Agreement, approval of which shall not be unreasonably withheld by Licensor, and any future needs for access, shall be included as part of this License Agreement, as permitted under Paragraph 4 of the Right of Entry Agreement attached hereto for reference on Exhibit D.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing, and for good and valuable consideration paid to SMART by Licensee, the adequacy and receipt of which are hereby acknowledged, SMART and Licensee hereto mutually agree as follows:

1. SMART grants Licensee a personal, revocable, non-exclusive license for the purposes described in the Recitals above, subject to the conditions, covenants and restrictions of this License Agreement and together with the right of ingress and egress over SMART property, per the Right of Entry Permit referenced in Paragraph C of the Recitals and attached as Exhibit D, for those purposes, in the License Area shown in Exhibit A. The construction, maintenance, operation and any removal concerning the Facility shall be without any cost or expense whatsoever to SMART. .

2. Assignment and/or Shared Use. This License is personal and for the use of the Licensee only.

Licensee shall not assign nor sublet nor share, in whole or in part, any rights covered by this Agreement, or permit any other person, firm or corporation to use, in whole or in part, any of the rights or privileges granted pursuant to this Agreement, without first obtaining the written consent of SMART, which consent may be denied or given at SMART’s sole and absolute discretion. Notwithstanding the foregoing, the Parties acknowledge that the purpose of this License is to establish a public dog park, and agree that members of the public may visit and use the dog park, subject to Licensee’s compliance with the requirements of this License.

3. Limitations on Use & Prior Rights.
a. Limits on Use Defined by License Agreement. This License is limited to the specific improvements and purposes described in the Recitals above, and to the specific Location and Facility shown on Exhibit A and Exhibit B, respectively, by Licensee subject to the terms of this Agreement. Breach of any of these items shall be grounds for immediate termination of this License, including termination of Licensee’s right of access under the previously referenced Right of Entry Permit(s), and shall require removal of the Facility from SMART’s Property by Licensee, at Licensee’s sole cost and expense.
b. Authority of Licensee is Non-Exclusive. This License is non-exclusive. The Licensee shall respect the rights and property of SMART and other authorized users of the Property, including but not limited to easements, power poles, street light poles, vaults, and conduits. 129

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
c. Prior Rights. This License is subject and subordinate to the prior right of SMART, its successors and assigns, to use all SMART property in the performance of its transportation operations. This license is also subject to all previous licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect the property. There is reserved unto SMART, its successors and assigns, the right to construct, reconstruct, maintain and use existing and future facilities and appurtenances, including, without limitation, existing and future transportation, communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under, across and along the ROW. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title that may affect the ROW. The word “grant” shall not be construed as a covenant against the existence of any of these.
d. Public Purpose. Licensee acknowledges that the Property is used in connection with SMART’s public purpose and other services to the public, and agrees that such uses by SMART are superior in all respects to all uses by Licensee. Licensee's use of the License Area must not in any way interfere with SMART's continuing control over SMART’s Property or SMART's expressed continued ability to carry out its functions. SMART shall have the right, without further liability to Licensee, to terminate this Agreement pursuant to Section 5 herein, in order to maintain continuing control over the License Area for SMART’s expressed continued ability to carry out its functions. e. Government Laws, Regulations and/or Rules. Per Section 8 herein, Licensee shall comply with all applicable laws, rules and regulations of the Federal, State, County, local governments and all administrative agencies thereof which may have jurisdiction over Licensee's use of the License Area and the use, construction, installation, operation and maintenance of the Facility.

4. Annual License Fee Rate. The consideration paid in lieu of Annual Fees is the development and construction of the Facilities, as referenced and provided herein, and the regular maintenance and operation of said facilities, all at the cost to the City and without any cost or expense whatsoever to SMART.

5. License Term, Termination & Relocation.
a. This Annual License shall commence upon the Effective Date of this Agreement, and shall continue with automatic Annual Renewals on the annual anniversary of the start of each SMART Fiscal Year (currently July 1) until this License is terminated as set forth herein:
(i) By either party giving the other no less than one hundred eighty (180) days’ advance written notice;
(ii) Failure of Licensee to use the Facility for one continuous year; (iii) Abandonment and removal of the Facility from SMART property; 130

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
(iv) Failure of Licensee to correct a default of any covenant or condition of this Agreement within thirty (30) days after receipt of a notice of said default from SMART, or if the default is such that it cannot be cured within thirty (30) days, such other reasonable amount of time; or
(v) The License shall lapse and become void if the work is not commenced within one year of the Effective Date of this Agreement.
b. Suspension of License. SMART may immediately suspend the License by notice to Licensee if Licensee defaults with respect to any covenant or condition of this Agreement and Licensee fails to correct the default within 30 days after receipt of notice from SMART. Upon suspension of the License, Licensee shall immediately vacate the Property and refrain from entering onto it until the License is reinstated in writing by SMART.
c. Termination for Convenience. Notwithstanding any other section or provision of this License Agreement, either Party may terminate this Agreement for convenience by providing one hundred eight (180) days written notice.
d. Removal & Restoration. Upon termination of this License, Licensee shall, at its sole cost and within thirty (30) days after the date of the notice of termination, remove any Structures from the SMART property and restore the SMART property to the condition that it was in immediately prior to installation of any Structures. If Licensee fails to do so, SMART may perform the work at Licensee’s expense, which expense Licensee agrees to pay SMART upon demand for all costs and damages so incurred.
e. Relocation.
(i) No Obligation on SMART to Relocate Licensee. In the event that SMART’s changes to its operations, grade or location of its tracks or facilities that SMART in its sole and absolute discretion determines is difficult or unreasonable for any of the Structures to be maintained, SMART may require the removal of all or part of the Structures from SMART’s property at Licensee’s sole cost and expense and SMART shall have no further obligations to relocate or provide for an alternate location to Licensee.
(ii) Relocation Costs. In the event that SMART, in its sole and absolute description, is able to provide Licensee with an alternate location on SMART’s Property, SMART shall not be responsible for any costs or expenses whatsoever involved in relocating Licensee’s Facility, in the event the Facility must be relocated or for any other cost or inconvenience to Licensee. f. Waiver of Claims: Termination. In addition to Licensee’s assumption of all risks and waiver of all claims, per Section 12 of this License Agreement, Licensee further acknowledges and agrees that this License is freely revocable by SMART in its sole and absolute discretion and in view of such fact, Licensee expressly assumes the risk of making any expenditure in connection with this License, even if such expenditures are substantial. Without limiting any indemnification obligations of Licensee or other waivers contained in this 131

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
License Agreement and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, Indemnitees under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under law or equity, in the event that SMART exercises its right to revoke or terminate this License.

g. Cost & Maintenance of Improvements. Licensee shall bear all costs of placing, installing, constructing, owning, operating, maintaining, repairing and removing the Facilities on the Property.

Licensee shall not permit any mechanic’s or materialman’s lien of any kind to be enforced against SMART property for any work done or materials furnished for the Structures on SMART property.

Licensee agrees to keep the Property and the Facilities in good and safe condition, free from waste, so far as affected by Licensee’s operations to the reasonable satisfaction of SMART. If, after installation of the Facilities, Licensee fails to keep the Property and the Facility in good and safe condition, free from waste, SMART may perform the necessary work at the expense of Licensee, which expense Licensee agrees to pay to SMART upon demand. h. Construction Work.
a. Construction Work Standard. Any work performed or caused to be performed by Licensee on the License Area shall be performed:
(i) At Licensee’s sole cost and expense;
(ii) In accordance with any and all applicable government laws, rules requirements and regulations (including SMART’s ordinances, rules, regulations and requirements); (iii) In a manner that is satisfactory to SMART; and
(iv) Which meets or exceeds the then applicable standards of the industry for such work. b. Conditions Precedent to Starting Construction Work. Before beginning any work on, across or within SMART property, Licensee shall:
(i) Sign this License Agreement along with SMART so that this Agreement is properly executed and effective;
(ii) Be in receipt of all Licenses and permits required by SMART and/or any other governing entities prior to commencement of work;
(iii) Submit for approval by SMART, in its sole and absolute discretion, drawings and plans for each work location, indicating the nature of the facilities to be installed the method and timing of installation and construction activities, and all other information required by SMART to ensure that such activities will not interfere with SMART’s railroad operations. 132

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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
SMART may approve or disapprove any work or provision in such documents and/or require such changes or impose such conditions as SMART, in its sole and absolute discretion, deems necessary or appropriate. If SMART fails to approve or disapprove any drawings or plans within thirty (30) days of submission by Licensee, such plans and drawings shall be deemed approved.;

(iv) Submit a Certificate of Insurance in the coverage amounts provided by SMART, per Exhibit C of this License Agreement, as attached hereto; (v) Provide SMART, and all holders of underground utility facilities located within the License Area, with no less than ten (10) days’ written notice prior to commencement of any work in, on and/or within the License Area;
(vi) Obtain all required rights of entry, Licenses and permits required by SMART and/or any other governing entities prior to commencement of such work; c. Work Under Emergency. In the event of an emergency, Licensee shall notify SMART personally or by telephone prior to commencing any work. Upon completion of any work, Licensee shall restore the License Area to its condition immediately preceding the commencement of the work. d. Construction Safety. All work by Licensee shall be performed in a safe, workman-like manner per applicable industry and/or governing government standards. e. SMART Assumes No Liability: Review, Inspection & Approval of Documents. No review, comments, requirements, or inspection by SMART shall relieve Licensee or Licensee's engineers, contractors, subcontractors, or consultants from the entire responsibility for the errors or omissions in the drawings, specifications, sediment control or environmental plans and/or documents, construction documents, or for the quality or adequacy of any of the aforementioned including the Work.
f. Storm Water Pollution Prevention & Sediment Control. Licensee further acknowledges and agrees to comply with all erosion and sediment control requirements Licensee is subject to in the construction, operation and maintenance of the dog park. i. Government Laws, Regulations and/or Rules. Licensee shall comply with all applicable laws, rules and regulations of the Federal, State, County, local governments and all administrative agencies thereof which may have jurisdiction over Licensee's use of the License Area and the use, construction, installation, operation and maintenance of the Facility, and shall furnish proof of such compliance to SMART upon request.
j. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement, Insurance of the type, nature, amounts and with the limits, all as described in Exhibit C to this Agreement. At each annual renewal of this License, Licensee shall provide updated 133

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
insurance coverages in its new Certificate of Insurance, of the type, nature, amounts and limits required by SMART at the time of said renewal(s). Such insurance type, nature, amounts and limits are subject to change by SMART at its sole and absolute discretion. k. Fiber Optics Systems. The rights granted by this Agreement are subject to the rights of SMART (or anyone acting with the permission of SMART) to construct, reconstruct, maintain and operate fiber optic and other telecommunications systems (“Systems”) in, upon, along, across and beneath the Right-of-Way, including the Property upon which the Work shall be conducted. Licensee agrees to reimburse SMART and/or the owner of the systems for all expenses which would not have been incurred except by reason of the use of the Property by Licensee, its agents, employees or invitees, including relocation costs or any damages incurred by such owner due to injury to the Systems.
l. Assumption of Risk/Waiver of Claims. Licensee further agrees as follows:
a. Licensee Assumes All Risks. Licensee shall assume all risk of damage to any and all improvements constructed as part of the Work and appurtenances and to any other property of Licensee, or any property under the control or custody of Licensee while upon or near SMART’s Property incident to the performance of the Work, caused by or contributed to in any way by the construction, operation, maintenance or presence of SMART’s operations at SMART’s Property and SMART shall not be liable therefor.
b. Licensee Waives All Claims. Licensee hereby releases SMART from any liability, including any claims for damages or extra compensation:
(i) arising from construction delays due to work by SMART forces or SMART operations,
(ii) as the result of the failure or inability of SMART to provide necessary flaggers or inspectors,
(iii) due to the presence of Hazardous Materials on the Property, (iv) any failure by SMART to investigate or identify the presence of such materials, (v) for work done by SMART forces, or
(vi) for SMART operations.
c. Notices. All notices shall be given in writing and shall be delivered personally or by certified U.S. mail. Such notices or payments shall be addressed as follows:

If to SMART: Sonoma-Marin Area Rail Transit District
5401 Old Redwood Highway, Suite 200
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SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
Petaluma, California 94954
Attention: Randy Friedland, Real Estate Manager
(707) 794-3069
[email protected]
If to Licensee: City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Attention: David Kelley, City Manager
(707) 894-1710
[email protected]
d. Indemnification.
(i) Indemnity Provision. Licensee shall release, defend (with counsel reasonably satisfactory to SMART) and indemnify SMART from and against all liability, cost and expense for loss of or damage to Property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) when arising or resulting from the use of the Property by Licensee, its agents, employees, contractors, subcontractors or invitees, or Licensee’s breach of these provisions. The duty of Licensee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the California Civil Code. It is the express intent of the parties that Licensee will indemnify and hold harmless SMART, its directors, officers, employees and agents from any and all claims, suits or actions arising from any cause whatsoever as set forth above, regardless of the existence or degree of fault or negligence on the part of SMART, Licensee, or any subcontractor or employee of any of these, other than the negligence, willful misconduct or criminal acts of SMART, its directors, officers, employees and agents. Licensee waives any and all rights to any type of express or implied indemnity against Licensor, its directors, officer or employees. The term “SMART” as used here includes, in addition to SMART, any railroad company operating upon SMART’s tracks.
(ii) Severability of Indemnity Provision. Should any term of this indemnity provision be found to be void or unenforceable, the remainder of the provision shall remain in full force and effect.
(iii) Survival of Indemnity Provision. The indemnity provided for in this License Agreement shall survive the termination of this Agreement.
e. Hazardous Materials.
a. Hazardous Materials Prohibited. Licensee shall not use, create, store or allow any hazardous materials or waste on the Property, except Hazardous Materials contained in or used in connection with construction equipment necessary for the operation of such equipment or vehicle being used for work which is authorized on the Property under this License. 135

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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
b. No Underground Storage Tanks. Licensee shall not install or use any underground storage tanks in the License Area.
c. Compliance with Environmental Laws. In conducting its operations on the Property, and in arranging for the handling, transport and disposal of any materials known (whether or not hazardous), Licensee shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations or orders of whatever kind or nature and pay all costs of such compliance. d. Removal & Disposal. In the event that a Licensee or its Agents or Invitees cause a release of Hazardous Materials, Licensee shall, without cost to SMART and in accordance with all laws and regulations, return the Property to the condition immediately prior to the release. f. Endangered and/or Protected Species. Under no circumstances shall Licensee damage, harm or take any rare, threatened or endangered species on or about the Property. In the event such event(s) occur, Licensee is required to immediately halt all activities on the property and immediately notify the appropriate governing entity along with SMART.
g. Acceptance of License Area & Waiver of California Civil Code Section 1542. (i) As-Is Condition. Licensee accepts the License Area in its present physical "AS-IS" condition, and agrees to make no demands upon SMART for any improvements or alterations. By signing this Agreement, Licensee represents and warrants that Licensee has independently inspected the License Area and the area immediately surrounding and made all investigations, tests, and observations necessary to satisfy Licensee as to the condition of the License Area, zoning and land use laws, regulations, and ordinances affecting the License Area, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the License Area. Licensee agrees that Licensee is relying solely on Licensee's independent inspection and that SMART has made no warranty or representation with regard to the License Area. SMART shall not be responsible for any latent defect or change in condition in the License Area and Licensee's obligations under this Agreement shall not be diminished on account of any defect in the License Area, any change of condition, or any damages occurring on the License Area. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the License Area, SMART shall not be liable to Licensee for any damage of any nature whatsoever or to refund any moneys paid hereunder.
(ii) Waiver of Rights Under California Civil Code Section 1542. Licensee hereby releases SMART from all future claims, actions, or demands that Licensee may have or may hereinafter have, known and unknown, in any way relating to the quality, fitness, or condition of the License Area, and as previously referenced in Section 12 c (vii) of this License Agreement, Licensee specifically waives all rights under California Civil Code Section 1542,
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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
h. General Provisions. Notwithstanding other mention in separate Sections of this License Agreement, where applicable below, Licensee agrees as follows:
(i) No Implied Waiver. No waiver of any default or breach of any covenant of this Agreement by either party shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then the waiver shall be operative only for the time and to the extent stated. Waivers of any covenant, term or condition by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waive or render unnecessary their consent or approval to or of any subsequent similar acts. (ii) Time of Essence. Time is of the essence for each and every provision of this Agreement. (iii) Binding Agreement. This License Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided in this Agreement.
(iv) Severability. Each provision of this Agreement is intended to be severable. If any term of provision shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. (v) Survivorship. All protections afforded SMART under this License Agreement, including but not limited to Indemnity, Waiver of Claims, Costs to Licensee, Relocation of Licensee, Termination of this License Agreement and relating to any other activities and/or actions deemed appropriate by SMART in its sole and absolute discretion, shall survive Termination this Agreement.
(vi) Compliance with Laws. Notwithstanding other mention in separate sections of this License Agreement, Licensee shall comply, at Licensee’s expense, with all applicable laws, regulations, rules and orders with respect to the use of the Property, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, protected and/or endangered species, hazardous materials, waste disposal and water and air quality, and furnish satisfactory evidence of such compliance upon request of SMART. Before beginning work on the Property, Licensee shall also obtain, at Licensee’s expense, any and all permits, licenses and approvals required for construction and operation of the Work and shall provide SMART with copies of such approvals.
(vii) Default. In the event that Licensee fails to perform any obligation under this Agreement, after notice and thirty (30) days in which to cure the default, Licensee shall pay all costs and expenses incurred by SMART in obtaining performance of such obligations, including 137

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
costs of suit and reasonable attorney's fees. If Licensee uses the ROW or Property for any purpose not expressly authorized by this Agreement or fails to act strictly in accordance with the terms and conditions of this Agreement, and if such default is not corrected within thirty (30) days' notice from SMART to Licensee, SMART may terminate this Agreement and prevent Licensee from using or remaining upon SMART’s Property. If SMART determines that any default by Licensee does or has the potential to cause a danger to the Property or railroad operations, SMART may immediately and without prior notice to Licensee terminate this Agreement and prevent Licensee from using or remaining upon the Property, with or without process of law.
(viii) Condemnation. In the event all or any portion of the Property is condemned for public use, Licensee shall receive compensation only in the amount awarded for the taking and damaging of Licensee’s Facilities. Any compensation for damages for taking the Property or Licensee’s permit interest thereon awarded to Licensee shall be assigned to SMART. (ix) Governing Law & Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a court of proper jurisdiction situated in the County of Sonoma.
(x) Attorneys’ Fees. If any legal proceeding should be instituted by either of the Parties to enforce the terms of this Agreement or to determine the rights of the Parties under this Agreement, the prevailing Party in the proceeding shall receive, in addition to all court costs and reasonable attorneys’ fees.
(xi) No Third-Party Beneficiaries. Nothing contained in this License Agreement shall be construed to create and the Parties do not intend to create any rights in third parties. (xii) Relationship of Parties. The Parties intend by this Agreement to establish the relationship of Licensor and Licensee only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of Licensor and Licensee. (xiii) Integration Clause: Entire Agreement & Modification. This License Agreement constitutes the complete expression of the agreement between SMART and Licensee with regard to the subject matter hereof, and supersedes all prior agreements, oral or written, proposals, and all other communications between SMART and Licensee related to the subject matter hereof, which are not fully expressed in this Agreement. The parties intend this Agreement to be an integrated agreement. Any modification of or addition to this Agreement must be in writing signed by both Parties.
(xiv) Public Document. Licensee acknowledges and accepts that this License Agreement and all documents relating hereto are “public records” (as defined in Section 6252(e) of the California Government Code), except for any documents relating to Licensee’s financial condition provided to SMART from Licensee as a requirement of this License Agreement, 138

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
or otherwise exempt from such status pursuant to law, and that public records, with limited exemptions, are subject to public disclosure pursuant to the provisions of California Government Code, commencing with Section 6250.
(xv) Interpretation. The language of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either Party. (xvi) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but both of which shall constitute one and the same agreement.

IN WITNESS HEREOF, SMART and Licensee have executed this Agreement by their undersigned officials and officers lawfully authorized to do so.

Licensor: Licensee:

Sonoma-Marin Area Rail Transit District City of Cloverdale a public agency a California municipal subdivision
By: By:

Print Name: Print Name:

Its: Its:

Date: Date:
139

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

EXHIBIT A
Description of Premises

“License Area” in blue: “License area” in red:

140

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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

EXHIBIT B
Description of Work
141

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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

EXHIBIT C
Insurance Requirements
Prior to entry upon the Property and commencement of construction activities, Licensee shall provide Licensor with satisfactory evidence, in the form of a Certificate of Insurance, that Licensee is insured in accordance with the following. Said insurance shall remain in effect throughout the term of this License:

NOTE: For all activities for the vegetation management of slope and the drainage area, Commercial General Liability insurance is required. If any construction activities are planned along the slope, then Workers’ Compensation and Employer’s Liability insurance are also required.
a. Workers’ Compensation and Employers’ Liability
Licensee shall procure and maintain Workers’ Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California. Employers’ Liability Insurance shall have coverage for a minimum liability of $1,000,000, covering Licensee’s employees engaged in the work.
b. Commercial General Liability
Licensee shall procure and maintain Commercial General Liability insurance covering products-completed and ongoing operations, property damage, bodily injury and personal injury using an occurrence policy form, in an amount no less than $1,000,000 per occurrence, and $2,000,000 aggregate.

Said policy shall include a Railroads CG 24 17 endorsement removing the exclusion of coverage for bodily injury or property damage arising out of operations within 50 feet of any railroad property and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass or crossing.

Prior to entering onto the Property, Licensee shall file Certificate(s) of Insurance with Licensor evidencing the required coverage and endorsement(s) and, upon request, a certified duplicate original of any of those policies. Said endorsements and Certificate(s) of Insurance shall stipulate:
1) SMART, its officers and employees, shall be named as additional insured on all policies listed above.
2) That the policy(ies) is Primary Insurance and the insurance company(ies) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim which Licensee is liable, up to and including the total limit of liability, without right of contribution from any other insurance effected or which may be effected by the Insureds.
3) The policy shall also stipulate: Inclusion of the Insureds as additional insureds shall not in any way affect its rights either as respects any claim, demand, suit or judgment made, brought or recovered against Licensee. Said policy shall protect Licensee and the Insureds in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the 142

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
insurance company’s liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.

The insurance policy(ies) shall be written by an insurance company or companies acceptable to Licensor. Such insurance company shall be authorized to transact business in the state of California. 143

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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

EXHIBIT D
Right of Entry Permit

This Right-of-Entry Permit (“Permit”) is entered into as of _______________ (“Effective Date”) by and between SONOMA-MARIN AREA RAIL TRANSIT DISTRICT ("Permittor") and the City of Cloverdale ("Permittee"), 124 N Cloverdale Blvd, Cloverdale, CA 95425.

1. Permit. Permittor hereby permits Permittee to enter upon Permittor's property on Asti Road in the County of Sonoma, in the City of Cloverdale (at/between Milepost(s) 84.65 and 84.7), as described in the attached Exhibit D1-A ("Premises"), which is incorporated by this reference, subject to all existing agreements, licenses, easements, encumbrances, and claims of title affecting Premises and upon the terms and conditions contained herein. No work shall commence on Premises until Permittee accepts this Permit. The doing of any work under this Permit shall constitute acceptance of these Permit provisions.

2. Exclusive Use. This Permit is for Permittee's exclusive use and is not assignable without the prior consent of Permittor.

3. Purpose. The permitted purpose of Permit shall be solely for entry upon Premises for the development, construction and maintenance of a dog park on the Property, as described in the attached Exhibit D1-B, including bringing all necessary personnel and equipment onto Premises as necessary for the permitted purpose ("Project").

4. Term. This Permit shall be effective at of the Effective Date and shall automatically terminate one year from the effective date above unless extended by a License Agreement executed by Permittor and Permittee. .

Permittor reserves the right to revoke or modify this Permit with one hundred eighty days (180) advance notice from Permittor to Permittee.

If Permittee requires use of Premises prior or subsequent to the foregoing dates, then Permittee shall request approval from Permittor at least seventy-two (72) hours prior to the time requested.

Project work hours shall be determined by Permittee.

5. Permit Shall Remain On-Site. A copy of this Permit must be kept on the site of Premises at all times during the term of this Permit and shall be shown to any representative of Permittor upon demand. Project may be suspended if this Permit is not at Premises.

6. Permit Fees and Costs. As compensation for use of Premises, Permittee has submitted plans to Permittor for the proposed development, maintenance and operation of a dog park facility at no cost whatsoever to Permittor.
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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

7. Project Plan. Project shall be performed in accordance with a plan identifying the sequence of operations, schedules and locations for said Project. The plan shall be submitted to Permittor in advance of any work for Permittor's approval and such work shall be subject to monitoring and inspection by Permittor.

8. Cost of Work, Protection of Traffic, Access Requirements, and Working Procedures. All costs related to Permittee's operations upon Premises shall be at Permittee's expense. All work upon or in connection with the use of Premises shall be done at such times and in such manner as not to interfere with the current or future use of Premises. Permittee shall be responsible for the provision of barriers, directions, signage, and other forms of notice to the general public to assure the safe, smooth, and uninterrupted flow of traffic around Project site and on and about Premises. Permittee shall keep Permittor's Premises in a reasonably neat and safe condition failing which Permittor, after seventy-two (72) hours prior notice to Permittee, may do so at Permittee's expense.

Permittee shall comply with the regulations of the instructions of Permittor's representatives relating to the proper manner of protecting the tracks, pipelines, wire lines, signals, and all other property at said location, the traffic moving on such tracks, and the removal of tools, equipment, and materials.

Not less than 72 hours prior to entering the Premises, Permittee shall submit a Right of Entry Access Permit approved by Permittor. The Permittor’s current Right of Entry Access form is attached hereto as Exhibit D1-C. As a condition of access, Permittor may require any combination of the following safety measures:
a) Completion of Railroad Workplace Safety training mandated by the Federal Railroad Administration (49 C.F.R. Part 214). Permittee shall ensure that all Permittee’s employees, contractors and subcontractors who will access the Premises complete the necessary online training and shall submit documentation of the completion of such training by each such employee, contractor and subcontractor, in the form of a Certificate of Completion, to Permittor with the Right of Entry Access Permit

b) Hiring a railroad approved Employee In Charge (EIC) contractor, at Permittee’s expense, for the duration of the work in SMART’s right of way. Permittee may choose from any contractor on Permittor’s approved list or submit an alternate EIC contractor for consideration. Permittor will reserve the right to approve or deny any alternate EIC contractor submissions. The EIC must be onsite during all work on the railroad right of way. Depending on the work, one or more flaggers may also be required at Permittee’s expense.

All work by Permittee upon Premises shall be performed in a good and worker-like manner satisfactory to Permittor. Since there is the possibility of the existence of pipelines or other structures beneath Premises, if Permittee should excavate or drill, then Permittee's forces shall explore such structures with hand tools to a depth of at least eight feet (8') below the surface of the ground or, at Permittee's option, use suitable detection equipment prior to drilling or excavating 145

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
with mechanized equipment. Absence of markers does not constitute a warranty by Permittor of no subsurface installations. It shall be Permittee's responsibility to determine the existence of any underground facilities and Permittee shall call Underground Service Alert at 1 (800) 642-2444 prior to beginning any work on the property.

Fiber optic cable systems may be buried on the Permittor’s property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. It shall be Permittee’s responsibility to call Union Pacific’s “Call before you Dig” hotline at 1 (800) 336-9193 to determine if fiber optic cable is buried anywhere on the Permittor’s property. This number can be used during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) and is also a 24-hour, 7-day number for emergency calls.

Any open holes shall be satisfactorily covered at all times when Permittee's forces are not physically working in the actual vicinity. Upon completion of work, all holes will be filled in to meet the surrounding ground level with clean, compacted, earthen material and the property left in a neat and safe condition reasonably satisfactory to Permittor.

Permittee agrees to reimburse Permittor for the cost and expense to Permittor of furnishing any materials or performing any labor in connection with the use of Premises, including, but not limited to, the installation and removal of such false work and other protection beneath or along the railroad tracks, and the furnishing of such security persons, flaggers, and inspectors as Permittor deems necessary. Prior to incurring any cost or expense, Permittor shall reasonably notify Permittee of the same. Said reimbursement shall be paid by Permittee to Permittor within thirty (30) days after presentation of a bill.

Permittee shall fully pay for all materials joined or affixed to Premises, and shall pay in full all persons who perform labor on Premises. As Permittor is a public entity, its property is not subject to mechanics' or materialmen's liens, and nothing in this Permit shall be construed to make its property subject to such liens. However, if any such liens are filed, Permittee shall immediately remove them at Permittee's own expense, and shall pay any judgment which may be entered.

Should Permittee fail, neglect, or refuse to do so, Permittor, after 48 hours prior notice to Permittee, shall have the right to pay any amount required to release any such liens, or to defend any action brought, and to pay any judgment entered. Permittee shall be liable to Permittor for all costs, damages, reasonable fees, and any amounts expended in defending any proceedings or in the payment of any of said liens or any judgment. Permittor may post and maintain upon Premises notices of non-responsibility as provided by law.

Permittee shall cooperate with Permittor in making any tests Permittor requires of any installation or condition which in Permittor's reasonable judgment may have an adverse effect on any of the facilities of Permittor. All costs incurred by the tests, or any corrections required as a result of such tests, shall be borne by Permittee.

Permittee shall take protective measures necessary to keep Permittor's facilities, including track 146

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SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
ballast, free of sand or debris resulting from its use of Premises. Should any damage occur to Permittor's facilities as a result of Permittee's use of Premises, Permittee shall immediately notify Permittor. Permittor may require Permittee to contact the operator of any rail service on the rail line to make arrangements to ensure the safe performance of any work and agrees to give Permittor ten (10) calendar days of written notice prior to commencement of the work in the event such arrangements need to be made. Any damage to Permittor's facilities resulting from Permittee's use of Premises will be repaired or replaced by Permittor at Permittee's sole cost and expense, which Permittee shall pay to Permittor promptly upon demand.

9. No Crossing of Tracks. Permittee shall not be permitted to cross Permittor's tracks located near Premises but shall gain access to and from Premises only by use of designated public streets.

10. No Hazardous Materials. No hazardous materials shall be handled at any time upon Premises.

11. Mechanized Equipment. Under no condition shall Permittee be permitted to place or store any mechanized equipment, tools or other materials within twenty-five feet (25') of the center line of Permittor's nearest railroad tracks.

12. Indemnity and Insurance. Permittee shall release, defend (with counsel reasonably satisfactory to Permittor) and indemnify Permittor, its successors and assigns, any railroad company operating on Premises, and their respective directors, officers, employees, and agents (collectively, "Indemnitees") from and against all liability, cost, and expense for loss of, or damage to, property and for injuries to, or death of, any person (including, but not limited to, the property and employees of each party) when arising or resulting from the use of Premises by Permittee, its agents, employees, contractors, subcontractors, or invitees; or Permittee's breach of these provisions. The duty of Permittee to indemnify and save harmless the Indemnitees includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties under this Section 12, that Permittee will indemnify and hold harmless the Indemnitees from any and all claims, suits, or actions arising from any cause whatsoever as set forth above, other than the negligence, willful misconduct, or criminal acts of the Indemnitees. Permittee waives any and all rights to any type of express or implied indemnity against the Indemnitees arising out of Permittee's use of or activities on Premises. This indemnity shall survive termination of this Permit. It is the intention of the parties that should any term of this indemnity provision be found to be void or unenforceable, the remainder of the provision shall remain in full force and effect.

All personal property of Permittee, including, but not limited to fixtures, equipment, or related materials upon the Property, will be at the risk of OWNER only, and Permittor will not be liable for any damage thereto or theft thereof, whether or not due in whole or in part to the negligence of Permittor.

Prior to entry upon the Property and commencement of construction activities, Permittee shall provide Permittor with satisfactory evidence, in the form of a Certificate of Insurance, that Permittee is insured in accordance with the following. Said insurance shall remain in effect throughout the term of this License:
147

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
a. Workers’ Compensation and Employers’ Liability
Permittee shall procure and maintain Workers’ Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California. Employers’ Liability Insurance shall have coverage for a minimum liability of $2,000,000, covering Permittee’s employees engaged in the work. Permittee shall insure the procurement and maintenance of such insurance by all contractors or subcontractors engaged in the construction, operation or maintenance of the Conveyor. b. Commercial General Liability
Permittee shall procure and maintain Commercial General Liability insurance covering products-completed and ongoing operations, property damage, bodily injury and personal injury using an occurrence policy form, in an amount no less than $5,000,000 per occurrence.

Said policy shall either include a Railroads CG 24 17 endorsement removing the exclusion of coverage for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass or crossing, or provide evidence that said policy does not have any railroad exclusions. A follow form Excess Liability policy may be utilized to satisfy the required limits of liability under this section. c. Professional Liability
Permittee shall procure and maintain Professional Liability insurance covering liability arising out of any negligent act, error or omission in performance of design or engineering services for the Project in an amount no less than $2,000,000 per claim. If any Design Professional Services are furnished by a Subcontractor, the Subcontractor shall be required to provide professional liability coverage. d. Automobile Liability
Permittee shall procure and maintain Automobile Liability insurance covering bodily injury and property damage in an amount no less than $2,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and nonowned vehicles. Said policy shall also include a CA 20 70 10 13 endorsement removing the exclusion of coverage for bodily injury or property damage arising out of operations within 50 feet of any railroad bridge, trestle, track, roadbeds, tunnel, underpass or crossing.
e. Contractors Pollution Liability
148

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
Contractors Pollution Liability insurance in an amount no less than $2,000,000 per incident. The Contractor’s Pollution Liability policy shall be written on an occurrence basis with coverage for bodily injury, property damage and environmental damage, including cleanup costs arising out of third-party claims, for pollution conditions, and including claims of environmental authorities, for the release of pollutants caused by construction activities related to the Permit. Coverage shall include the Permittee as the named insured and shall include coverage for acts by others for whom the Permittee is legally responsible.

Coverage to be provided for bodily injury to or destruction of tangible property, including the resulting loss of use thereof, loss of use of tangible property that has been physically injured, and natural resource damage. There shall be no exclusions or limitations regarding damages or injury from existence, removal or abatement of lead paint. There shall be no insured vs. insured exclusion in the policy. f. Railroad Protective Liability
Prior to commencement of construction activities, Permittee shall procure and maintain Railroad Protective Liability insurance, in Permittor’s name, with limits of liability of no less than $5,000,000 per occurrence, for losses arising out of injury to or death of all persons, and for physical loss or damage to or destruction of property, including the loss of use thereof. The additional named insureds shall be the Sonoma-Marin Area Rail District and shall cover all other railroads operating on the right-of-way. g. Certificate of Insurance
Prior to entering onto the Property, Permittee shall file Certificate(s) of Insurance with Permittor evidencing the required coverage and endorsement(s) and, upon request, a certified duplicate original of any of those policies. Said endorsements and Certificate(s) of Insurance shall stipulate:
1) SMART, its officers and employees, shall be named as additional insured on all policies listed above.
2) That the policy(ies) is Primary Insurance and the insurance company(ies) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim which Permittee is liable, up to and including the total limit of liability, without right of contribution from any other insurance effected or which may be effected by the Insureds.
3) The policy shall also stipulate: Inclusion of the Insureds as additional insureds shall not in any way affect its rights either as respects any claim, demand, suit or judgment made, brought or recovered against Permittee. Said policy shall protect Permittee and the Insureds in the same manner as though a separate policy had 149

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
been issued to each, but nothing in said policy shall operate to increase the insurance company’s liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.
4) Permittee hereby grants to Permittor a waiver of any right to subrogation which any insurer of said Permittee may acquire against Permittor by virtue of the payment of any loss under such insurance. Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Permittor has received a waiver of subrogation endorsement from the insurer.
5) Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
h. Acceptable Insurer
The insurance policy(ies) shall be written by an insurance company or companies acceptable to Permittor. Such insurance company shall be authorized to transact business in the state of California.
i. Deductibles and Retentions
Permittee shall be responsible for payment of any deductible or retention on Permittee’s policies without right of contribution from Permittor. Deductible and retention provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible of retention provision limiting payment to the name insured is not acceptable.
j. Self-Insurance
Permittee’s obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance, upon evidence of financial capacity satisfactory to Permittor. k. Claims Made Coverage
If any insurance specified above is written on a claims-made coverage form, Permitee shall:
1) Ensure that the retroactive date is shown on the policy, and such date must be before the date of this Permit or beginning of any work under this Permit; 150

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
2) Maintain and provide evidence of similar insurance for at least three (3) years following project completion, including the requirement of adding all additional insureds; and
3) If insurance is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to Permit effective date, Permitee shall purchase “extending reporting” coverage for a minimum of three (3) years after completion of the work.

13. Permits from Other Agencies; Hazardous Materials. Permittee shall comply, at Permittee's expense, with all applicable laws, regulations, rules and orders with respect to the use of Premises, and shall obtain all required licenses, permits or other approvals in connection with Permittee's use of Premises. Permittee shall furnish satisfactory evidence of such compliance upon request of Permittor.

Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from Premises due to Permittee's use and occupancy thereof, Permittee, at Permittee's expense, shall clean all affected property to the satisfaction of Permittor and any governmental body having jurisdiction.

Permittee shall indemnify, hold harmless and defend the Indemnitees against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, reasonable attorneys' fees and consulting, engineering and construction costs) incurred by Permittor as a result of Permittee's breach of this section or as a result of any such discharge, leakage, spillage, emission, or pollution by Permittee, regardless of whether such liability, cost, or expense arises during or after the term of this Permit.

14. Assumption of Risk. Permittee shall assume all risk of damage to any and all other property of Permittee, or any property under the control or custody of Permittee while upon or near Premises of Permittor incident to the use of Premises; provided, however, such assumption by Permittee shall not include any damage caused by the active negligence and/or willful misconduct of Permittor. Permittee releases Permittor from any liability, including claims for damages or extra compensation, arising from construction delays due to transportation activities by Permittor or transportation operations by any agency as authorized by Permittor.

15. Subcontractors. Any person, firm or corporation Permittee authorizes to work upon Premises, shall be deemed to be Permittee's agent and shall be subject to all the applicable terms hereof.

16. Restoration of Premises. Upon termination of this Permit, Permittee, at its own expense, shall remove from Premises all property it owns or controls, all debris and other materials, and restore Premises to its condition prior to entry or to a condition reasonably satisfactory to Permittor. Upon Permittee's failure to do this, Permittor, upon forty-eight (48) hours prior notice to Permittee, may perform such work at Permittee's expense.
151

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

17. Severability. If any provision of this Permit shall be for any reason unenforceable, in any respect, such unenforceability shall not affect the other provisions of this Permit.

18. Attorneys' Fees. If any legal proceeding should be instituted by either of the parties to enforce the terms of this Permit or to determine the rights of the parties under this Permit, the prevailing party in the proceeding shall receive, in addition to all court costs, reasonable attorneys' fees.

19. Time of Essence. Time is and shall be of the essence of this Permit and of each and every provision contained in this Permit.

20. No Third-Party Beneficiaries. Nothing contained in this Permit shall be construed to create and the parties do not intend to create any rights in third parties.

21. Construction of Agreement. The provisions in this Permit shall be construed and given effect in a manner that avoids any violation of statute, regulation or law. Permittor and Permittee agree that in the event any provision in this Permit is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such provision shall in no way affect any other provision in this Permit. Permittor and Permittee acknowledge that they have each contributed to the making of this Permit and that, in the event of a dispute over the interpretation of this Permit, the language of the Permit will not be construed against one party in favor of the other. Permittor and Permitee further acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Permit.

22. Relationship. The parties intend by this Permit to establish the relationship of Permittor and permittee only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of Permittor and permittee.

23. Captions. The captions in this Permit are for convenience only and are not a part of this Permit.

The captions do not in any way limit or amplify the provisions hereof, and shall have no effect upon the construction or interpretation of any part hereof.

If the endorsed copy of this Permit is not received within fifteen (15) days from the date of this Permit, then this Permit shall be null and void.
[INTENTIONALLY LEFT BLANK]
152

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
IN WITNESS WHEREOF, the parties have executed this Permit as of the Effective Date by their duly authorized representatives.

PERMITTOR: PERMITTEE:

SONOMA-MARIN AREA RAIL City of Cloverdale

TRANSIT DISTRICT
By: By:
_________________________________ _________________________________ Randy Friedland Name:

Real Estate Manager Title:

Date: Date:

PERMITEE:

City of Cloverdale
By:
_________________________________
Name:

Title:

Date:
153

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
EXHIBIT D1-A
Right of Entry Permit
Description of Premises

154

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
EXHIBIT D1-B
Right of Entry Permit
Description of Work

155

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7
EXHIBIT D1-C
Right of Entry Permit
Right of Way Access Permit
156

SMART PROPERTY LICENSE AGREEMENT
SMART LICENSE AGREEMENT No. 2022-LIC-003
LICENSEE: City of Cloverdale
At/Between Milepost(s) 84.65 and 84.7

EXHIBIT E
Fee Schedule
INTENTIONALLY DELETED – NOT APPLICABLE
157
R.C.E. 48460
2950 Montecito Avenue
Santa Rosa, CA 95404
Phone (707) 544 - 6274
February 13, 2023
Kevin Thompson, Asst. City Manager/Comm. Dev. Director
City of Cloverdale
124 N. Cloverdale Blvd.

Cloverdale, CA 95425
Subject: Proposal for Engineering Services for Cloverdale Dog Park Site Access City of Cloverdale
Dear Kevin:

We are pleased to provide this proposal for engineering services for the proposed Cloverdale Dog Park. Thank you for meeting with us on November 3 rd and providing
further details and scope of project. Based on the meeting, we understand the scope of work to be providing the services for the preparation of informal construction bid documents for site access for the proposed dog park and ADA compliant ramp, and possible parking improvements at a currently vacant site south of the Cloverdale Depot property.

Our scope includes performing a topographic survey of the proposed site and adjacent utilities (water and electricity) needed for the Dog Park. Moe Engineering will prepare two primary options with City feedback/guidance to produce access design concepts and cost estimates. It is Moe’s understanding that the City revised the project budget downward from approximately $200,000 and now desires the total cost to construct this dog park to be less than $100,000.

Once the City has selected a final access design concept, Moe Engineering will develop that concept into a set of biddable plans and specifications for an informal construction contractor selection process.

Due to budget constraints, specifically excluded from our scope of work is the advertising of the project and the selection of a contractor to complete the work. Also excluded is project management, construction inspection and office support services through project delivery.

We offer the following cost proposal for achieving the above-described services. 158
Proposal for Engineering Services – Cloverdale Dog Park Site Access February 13, 2023

Page 2 of 3 ends

The services included in this proposal are provided as separate tasks (and detailed in the attached Estimated Level of Effort):

Task 1 Project Setup $2,952.00
(Feb 2023)
- Project Setup/Coordination
- Two Meetings estimated
Task 2 Topographic Survey and Mapping $5,488.00
(Feb/March 2023)
- Field Topographic Survey of proposed site at Cloverdale Depot. - Prepare topographic survey for use as base map for improvement plans.

Map will include existing drainage and utility layout as identified on city utility maps and/or as evident from surface observation.

Task 3 Scoping/Alternative Development $7,688.00
(March/April 2023)
- With City input, create two primary project access alternatives with cost estimates at the 30% level, incorporating City feedback where requested.

Task 4 Develop Plans, Specifications, and Estimate (PS&E) $9,372.00 (April - June 2023)
- Design/Draft Improvement Plan Sheets, includes 75% & 100% submittals
- Prepare Technical Specifications for informal Bid Documents - Prepare Construction Cost Estimate
Total Design - PS&E $25,500.00
(Tasks 1, 2 3 & 4)
We propose to provide the above Engineering Design Services based on time and materials as detailed in the attached Estimated Level of Effort and Fee Schedule for a Not-to-Exceed amount of $25,500.00.

The following items are specifically excluded from this proposal:
• Environmental compliance services
• Geotechnical Engineering services
• Structural, Traffic, Electrical, Mechanical engineering services • Coordination with any city-hired consultants or sub-consultants 159
Proposal for Engineering Services – Cloverdale Dog Park Site Access February 13, 2023

Page 3 of 3 ends

• Architectural and landscape architectural services
• Payment of any fees associated with the submittal or completion of this project. • Irrigation and landscape inspection
• Right-of-way/temporary construction easement acquisition. • Right-of-way survey and associated mapping
• Project management
• Site layout and design for dog park
• Utility design and coordination
• Advertising project for construction
• Bid tabulation, analysis, and recommendation for award. • Construction Management and Inspection
If you have any questions or would like clarification of the proposed services, please feel free to call.

Thank you for the opportunity to provide this proposal. We look forward to working with you on this project.

Sincerely,
John L. Moe, PE
President
Moe Engineering, Inc.

Attachments: Estimated Level of Effort
2022 Fee Schedule
160
City of Cloverdale
Date:

Estimated Level of Effort
Category Principal Sr. Eng./LS Assoc.

Eng./Inspect
Assistant
Engineer
Field Survey Crew
(2-person) Task Project
Rate $ 232.00 $ 203.00 $ 175.00 156.00 $ 348.00 $ Amount Total Task 1 - Project Setup

1.1 Project Setup Hours 2 6
Amount 464.00 $ - $ - $ 936.00 $ 1,400.00 $

1.2 Meeting - site review/scope Hours 4 4
Amount 928.00 $ - $ - $ 624.00 $ 1,552.00 $
Subtotal Task 1 $ 2,952.00
Task 2 - Topographic Survey and Mapping as Base for Improvement Plans

2.1 Set up & Field Survey Hours 2 2 8
Amount - $ 406.00 $ - $ 312.00 $ 2,784.00 $ 3,502.00 $

2.2 Data Download & Mapping Hours 1 2 8
Amount 232.00 $ 406.00 $ - $ 1,248.00 $ - $ 1,886.00 $

2.3 Mileage & Reimbursables Hours
Amount - $ - $ - $ - $ - $ 100.00 $
Subtotal Task 2 $ 5,488.00
Task 3 - Scoping - Alternative Site Access Development

3.1 Site Access - Grading Alternatives Hours 1 6 16
Amount 232.00 $ 1,218.00 $ - $ 2,496.00 $ 3,946.00 $

3.2 Existing utility layout Hours 2 6 4
Amount 464.00 $ 1,218.00 $ - $ 624.00 $ 2,306.00 $

3.3 Alternative Access Cost Estimates Hours 4 4
Amount - $ 812.00 $ - $ 624.00 $ 1,436.00 $
Subtotal Task 3 $ 7,688.00
Task 4 - Develop Plans, Specifications & Estimate (PS&E) for Site Access Construction (Informal Bid)

4.1 Design/Draft Plan Sheets Hours 1 4 24
Amount 232.00 $ 812.00 $ - $ 3,744.00 $ 4,788.00 $

4.2 Prepare Technical Specifications Hours 1 4 8
Amount 232.00 $ 812.00 $ - $ 1,248.00 $ 2,292.00 $

4.3 Prepare Construction Cost Estimate Hours 1 4 8
Amount 232.00 $ 812.00 $ - $ 1,248.00 $ 2,292.00 $
Subtotal Task 4 $ 9,372.00
Total PS&E $ 25,500.00
Labor Cost
Moe Engineering, Inc.
2/13/2023
Job No. 2022-043 Cloverdale Dog Park - Site Access Improvements 161

FEE SCHEDULE
Effective 2022
=============================================================== Principal $232.00/hour
Senior Engineer $203.00/hour
Land Surveyor $203.00/hour
Associate Engineer/Inspector $175.00/hour
Assistant Engineer $156.00/hour
Engineering/Survey Technician $145.00/hour
Drafting Technician $127.00/hour
Administrative Support $ 87.00/hour
Field Survey Crew (2-person) $348.00/hour
All charges and fees including subconsultant fees, cost of prints, copies, travel, telephone toll charges and other non-labor related expenses paid by this firm to others on behalf of the client shall be billed at the cost of the charge or fee plus 15% handling and accounting fee. All invoices are due within 30 days of the date of the invoice.

Annual rate escalation will be calculated at 3% on a calendar-year basis. 162
163
164
165
166
Dog Park Proposal
City Council
2/22/23
167

L O C A T I O N
SMART

STATION
Citrus Fair Dr.

Dog
Park
Site
168
Looking North
169
Proposed Site Improvements Cost Estimate:
• ADA Ramp Plans and Design $25,500
• ADA Ramp (EST) $55,000
• Paint at Crosswalk near ADA ramp $1,000
• Site Work Grading and Drainage $25,000
• Perimeter fencing $27,395
• Drinking fountain $11,000
• Certified woodchips $8,500
• Weed barrier fabric $3,000
• Drip system and 30 trees $3,500
• Backflow device, water meter and water service $5,000 • Garbage Receptacle $500
• Doggie station waste bags $500
• Park signage $300
• Sub Total: $166,195
• Contingency (20%): $33,283
• TOTAL:
$199,433
170
Optional Components
Two Dumor benches, one bench, one picnic table $6,000
Shade Structure $5,000
Additional electrical for lighting $15,000
Two Security Cameras $10,000
TOTAL: $36,000
171
The attached resolution accomplishes the following

1. Initiates the construction of a dog park on a property owned by the Sonoma Marin Area Rail Transit (SMART).

2. Amends the CIP to reflect an updated CIP Dog Park worksheet and cost estimate for the construction of a dog park at a specific location.

4. Approves a license agreement with SMART for the use of the site, in a form approved by the City Attorney and authorizes the City Manager to sign the agreement on behalf of the City.

5. Authorizes the City Manager to enter into a Professional Services Agreement with Moe Engineering for design work on an ADA ramp, in amount not to exceed $25,500. 172
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

H.3
February 22, 2023
Agenda Section:

New Business
Staff Contact:

Jose M. Sanchez, City Attorney
Michael Maloney, City Clerk
Agenda Item Title:

Update on Remote Participation in Public Meetings
________________________________________________________________________________________ Recommended Council Action(s):

Receive information and provide staff direction, if needed. ________________________________________________________________________________________ Background/Summary:

The Ralph M. Brown Act (the “Brown Act”) requires that all meetings of legislative bodies be open to the public. This applies to meetings of the City Council, City boards and commissions, and Council committees.

Generally, the Brown Act requires meetings of legislative bodies to occur in person, from a physical location within the jurisdiction’s boundaries. Historically, members of legislative bodies could participate in a meeting remotely only if the following specific requirements were met: 1) the remote location from where the member participated was listed on the agenda, 2) a copy of the agenda was posted at the remote location, 3) the remote location was open and accessible to the public, and 4) a majority of the body participated from within the jurisdiction’s boundaries.

Beginning March 2020, Governor Newsom signed several executive orders suspending the Ralph M. Brown Act’s (“Brown Act”) requirements for teleconferencing and allowing public meetings to take place virtually.

The executive orders were issued in the interest of public health and safety to mitigate the spread and effects of the COVID-19 pandemic.

On September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, further extending the authorization of a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act. Legislative bodies (including the City Council and its appointed boards, commission, and committees) could continue to hold virtual meetings during a state of emergency proclaimed by the Governor as long as the legislative body could continue to make the findings identified in AB 361. Since AB 361 became effective, the City Council has continued to make the required findings on behalf of all of the City’s legislative bodies to enable remote/hybrid meetings.

On October 17, 2022, it was reported from the Office of Governor Newsom that the State of California’s COVID-19 State of Emergency will end on February 28, 2023. The timeline allowed for any potential surge that may occur after the holidays in January and February, in addition to providing local agencies time to phase out any practices put in place during the pandemic for social distancing and other COVID-19 mitigation tools.

Accordingly, the ability of the City’s legislative bodies to hold remote/hybrid meetings pursuant to AB 361 will end on February 28, 2023.
173
City Council
February 22, 2023
Item No. H.3

Page 2 of 3 ends

AB 2449
In 2022, the California Legislation considered a number of bills, varying in scope, that would have allowed remote participation in the meetings of legislative bodies. The Legislature ultimately passed, and the Governor signed into law, AB 2449. This new law provides alternative teleconference procedures for Legislative Body remote participation under limited circumstances.

Rules to participate remotely via AB 2449 are as follows:
• At least a quorum of the legislative body must participate in person from a singular physical location identified on the agenda, which is also open to the public and within the boundaries of the local agency.
• The legislative body must also provide either a two-way audiovisual platform (such as Zoom) or two-way telephonic service and a live webcasting of the meeting to allow the public to remotely hear and visually observe the meeting and remotely address the legislative body. • The agenda must identify the means by which members of the public may participate in the meeting remotely.
• In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option identified on the agenda, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internetbased service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored.

In addition to the above requirements, members of legislative bodies may only participate remotely pursuant to AB 2449 in one of the following specific situations:

1. Just Cause. The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “just cause” (as defined by AB 2449), including a general description of the circumstances, relating to their need to appear remotely at the given meeting.
“Just Cause” is defined as one of the following:
• a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely; • a contagious illness that prevents a member from attending in person; • a need related to a physical or mental disability as defined by statute; or • travel while on official business of the legislative body or another state or local agency.

2. Emergency Circumstances. The member requests the legislative body to allow them to participate in the meeting remotely due to the “emergency circumstances,” and the legislative body takes action to approve the request. The member must provide a general description of the reason the member needs to appear remotely.
“Emergency Circumstances” is defined as a physical or family medical emergency that prevents a member from attending in person.
174
City Council
February 22, 2023
Item No. H.3

Page 3 of 3 ends

In addition to these practical implications, the member is also limited to how frequently a Council Member can teleconference under this statute.

AB 2449 limits a member’s ability to participate remotely for “just cause” to a maximum of two meetings per calendar year. Further, AB 2449 may not be used by a member of the legislative body to participate remotely (either for just cause or emergency circumstances) for a period of more than three consecutive months or for more than 20% of the regular meetings within a calendar year, or more than two meetings if the body meets fewer than 10 times per calendar year. For example, since the City Council holds two regular meetings per month, Councilmembers can participate remotely under AB 2449 only four meetings per calendar year.

If the City Council has fewer than 20 regular meetings in a year (due to cancellations), members could only participate remotely a maximum of three times.

Members participating remotely must do so through both audio and visual technology (i.e., must keep the camera on). In addition, members must publicly disclose whether any individual over the age of 18 is present at the remote location with the member and the general nature of the member’s relationship with the individual.

Future Meetings
Beginning March 1, the City will no longer be able to hold remote/hybrid meetings pursuant to AB 361.

Council Members will continue to have the ability to participate remotely using the Brown Act’s historic teleconference procedures. In addition, the City can choose to allow remote participation through AB 2449.

If a member wishes to participate remotely using the Brown Act’s historic teleconference procedures, they will need to provide advance notice to the City Clerk so that the remote location can be listed on the agenda before it is published. In order for a member to participate remotely using AB 2449, the Zoom link for the meeting will need to be included on the agenda.
________________________________________________________________________________________ Alternative Options:

N/A
________________________________________________________________________________________ Subcommittee Recommendation:

N/A
________________________________________________________________________________________ Budget/Financial Impact:

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

1. Assembly Bill 2449

2. Traditional Teleconferencing under the Brown Act

3. Presentation
175
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 1/14 SHARE THIS: Date Published: 09/14/2022 09:00 PM
AB-2449 Open meetings: local agencies: teleconferences. (2021-2022) Assembly Bill No. 2449
CHAPTER 285
An act to amend, repeal, and add Sections 54953 and 54954.2 of the Government Code, relating to local government.
[ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2449, Blanca Rubio. Open meetings: local agencies: teleconferences.

Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The act authorizes a legislative body to take action on items of business not appearing on the posted agenda under specified conditions. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.

Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health.

This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. Under this exception, the bill would authorize a member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. The emergency circumstances basis for remote participation would be contingent on a request to, and action by, the legislative body, as prescribed. The bill, until January 1, 2026, would authorize a legislative body to consider and Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 1
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2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 2/14 take action on a request from a member to participate in a meeting remotely due to emergency circumstances if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The bill would define terms for purposes of these teleconferencing provisions.

This bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 54953 of the Government Code, as amended by Section 3 of Chapter 165 of the Statutes of 2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. 177
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 3/14 (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. 178
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 4/14 (D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. (C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. 179
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 5/14 (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. 180
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 6/14 (j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency. (3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting.

Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (7) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (8) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2. Section 54953 of the Government Code, as added by Section 4 of Chapter 165 of the Statutes of 2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. 181
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 7/14 (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d).
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. 182
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 8/14 (C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(f) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities 183
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 9/14 Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (g) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (i) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (f).
(D) Travel while on official business of the legislative body or another state or local agency. (3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (e), other than any physical meeting location designated in the notice of the meeting.

Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (6) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (7) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(8) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (j) This section shall become operative January 1, 2024, shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all 184
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 10/14 requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2026.

SEC. 4. Section 54954.2 of the Government Code is amended to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 185
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 11/14 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in 186
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 12/14 response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (4) To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 5. Section 54954.2 is added to the Government Code, to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not 187
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 13/14 be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. 188
2/6/23, 6:43 PM Bill Text - AB-2449 Open meetings: local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2449 14/14 (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (e) This section shall become operative January 1, 2026.

SEC. 6. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.

Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hospital room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 7. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings. 189
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TELECONFERENCING UNDER THE BROWN ACT
In recent years, the California Legislature has considered various enactments to move municipalities fully into the information age. Although an amendment to the Public Records Act requiring full electronic access to city documents in electronic format appears likely to fall short of adoption in 1999 (AB 1099 - Shelley), a future enactment of these rules appears inevitable. Recent regulations relating to CEQA already encourage direct electronic public access to notices and documents. (CEQA Guidelines §§ 15062, 15075, 15085, 15201, 15202, 15205, and 15206.) The Brown Act has also been amended to allow cities to take advantage of information age technologies for the conduct of public meetings. In comprehensive 1994 amendments, and through minor amendments in 1997 and 1998, the Legislature greatly expanded the ability of cities to conduct their business by teleconference. The 1994 amendments (codified in Government Code Section 54953 and hidden under the heading “Meetings to be open and public; attendance”) allowed only “video teleconferencing”, a term that required potentially costly audio and video participation by members of the city council1
and the public at each location. The 1997 law --
supported by both the California Newspaper Association and the League -- provides greater flexibility and freedom to use the full range of conferencing technologies available.

1. Basic Provisions.

The Brown Act allows a city council to use any type of teleconferencing in connection with any meeting. (Gov’t Code § 54953(b).) “Teleconference” is defined as “a meeting of a individuals in different locations, connected by electronic means, through either audio or video, or both.” In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the law otherwise applicable. (Id.) Section 54953(b) contains the following specific requirements:
· Teleconferencing may be used for all purposes during any meeting. · At least a quorum of the city council must participate from teleconferencing locations within the city’s jurisdiction.
· Each teleconference location must be identified in the notice and agenda of the meeting.
· Agendas must be posted at each teleconference location. · Each location must be accessible to the public.
1 Although the Brown Act term “legislative body” applies to various city decision-making bodies (Gov’t Code § 54952), I use “city council” herein because city attorneys most frequently interact with this body.

ATTACHMENT 2
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· The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
· All votes must be by rollcall.

These requirements are explained in detail below.
a. At least a quorum must teleconference from locations within the city.

The 1998 amendments to Section 54953 provide that at least a quorum of the city council must participate from locations within the city. (Gov’t Code § 54953(b)(3).) The 1999 amendments allow local agencies to provide teleconference locations for the public where no member of the legislative body is present. (Gov’t Code § 54953(b)(4).) Although some opponents to the 1997 amendments argued that it is important to have at least a quorum in one room where the public can present face-to-face testimony, the 1998 and 1999 amendments make it clear that council members may participate from outside the city and that although a quorum must be within the city limits, they need not participate at the same location. The Southern California Association of Governments took the position in 1997 that this approach enhances public participation.

SCAG argued that with regard to meetings in large jurisdictions or meetings of multi-jurisdictional regional bodies, the public’s opportunity to participate is enhanced if, for example, citizens do not have to travel across town to a city council meeting or to a neighboring jurisdiction to attend a regional transit board meeting. This view prevailed in the final version of the amendments.
b. Each audio/video teleconference location must be identified in the notice and agenda of the meeting.

The Act requires public notice of all audio/video teleconferencing events. This prevents a council member who is running late to audio/video teleconference in lieu of actual attendance if public notice of the teleconference location was not given in the agenda. Although the law is not specific as to what “identification” is required in the notice, cities should give the teleconferencing location, the street address, any suite or office number, and could even provide maps to the location. (An online agenda could provide a link to “Yahoo! Maps” or some other navigational device.) c. Agendas must be posted at all teleconferencing locations.

Section 54953(b)(3) requires that agendas be posted at all teleconferencing locations. The Act does not provide specific guidance on this requirement, but where practical, the agendas should probably be posted both outside the main facility of a teleconference location at a main entrance (e.g., outside an office building) and outside the specific teleconference location (e.g., outside the particular room or office door). 191
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Agendas should, of course, remain visible at these locations. They should not be posted behind doors that are frequently ajar or behind counters, so as to be out of average reading distance.
d. Each audio/video teleconference location must be made accessible to the public.

While this requirement may not seem to be an obstacle, it may prove troublesome when deciding the means by which to teleconference. Because public access is not always possible, this requirement precludes some locations, such as car telephones or offices not accessible to the public. All telephones used for teleconferencing must have a functioning speaker to enable public access, even if there are no members of the public present at a particular location. The meeting must be conducted so that participants by audio alone are clearly identified.

Similarly, city staff must ensure that logistical problems do not occur in providing public access. For example, if a member is audio/video teleconferencing from his office, someone must be present to allow the public entry to the office building if it is normally locked after hours. If the office is in a location where the public is not welcome, then audio/video teleconferencing cannot occur at that location. Similarly, vacationing members wishing to teleconference must realize that the public must have access to the member’s hotel room or cruise ship cabin and receive notice of that opportunity in the agenda. Presumeably, the “no free admission” clause of Section 54952.2(c)(2) applies to members of the public wishing to join a member in a teleconference at these exotic locations as long as physical access is available.

The more difficult issues arise in accommodating council members confronted with hospital confinement, immunocompromising diseases, or treatments that limit public exposure. Although it appears safe to assume that dual teleconferencing facilities in the same building (e.g., one teleconference setup in an ill member’s garage and another setup in his bedroom) would satisfy the spirit if not the letter of this requirement, this arrangement, unfortunately, has not gone unchallenged. In this and similarly compromised situations, counsel should be certain to obtain and document the concurrence of public speakers in the Brown Act arrangement at each location before assuming it is safe to proceed.
e. The agenda must provide the opportunity for the public to address the city council directly at each teleconference location.

This provision requires some cooperation among teleconference sites. It requires that all audio and video hookups ensure that all members of the city council can hear and respond to public comments from all locations. It requires that the public hear all council deliberations.
f. All votes must be taken by rollcall.
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The Act requires that all votes, regardless of topic, be taken by rollcall. With a large body – a regional air quality board, for example – this may be cumbersome. Where it is clear on routine items such as agenda approval that all members are in accord, it may be possible to ask whether there is any dissent, and if there is none, to dispense with a member-by-member roll call.

2. New issues.

These new amendments raise several issues that require further definition at the implementation stage.2
a. Quorums and locations.

As noted above, former law provided that legislative bodies could only use video teleconferencing to hear public comment and to deliberate. Under former law, a council member was not present for the purposes of a quorum and therefore, could not vote if she teleconferenced with audio equipment such as a telephone.

The 1997 legislation not only allows the use of audio or video equipment for the purposes of teleconferencing, but allows the council to conduct all meeting functions by audio or video teleconference. Council members are present for the purposes of a quorum, are able to vote, deliberate, hear public testimony and participate in all council functions by remote location.

Further, there is no limit on the numbers of council members who may fully participate in a meeting by teleconferencing. But, as mentioned above, a least a quorum of the city council must participate from locations within the city. Conceivably, all members of the council can conduct a lawful meeting from their individual offices or homes, provided the statutory procedures are met.
b. Due process considerations.

Under former law, before a council member could participate in a meeting by video teleconference, the city was required to adopt “reasonable regulations” to protect the statutory and constitutional rights of citizens appearing before the council. The new law no longer requires cities to adopt reasonable regulations, but states that they shall “conduct teleconference meetings in a manner that protects the statutory and constitutional rights” of citizens. (Gov’t Code § 54953(b)(3).) 2 Michael Jenkins raised several additional issues still lacking legislative or court direction in “1998 Brown Act Amendments”, City Attorneys Department Meeting, Spring 1999.

This provision has interesting ramifications where substantive or procedural due process rights are at stake. For example, in land use proceedings, maps or photographs may be crucial to a council’s decision on an application or to a neighbor’s appreciation of 193
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the decision’s ramifications. Although video teleconferencing, a simultaneous telecopy, or some other digital transmission of an exhibit to each location would probably provide adequate due process, it may be difficult to protect these rights when only audio teleconference equipment is used. In the same vein, disciplinary proceedings or permit revocations may hinge on witnesses’ demeanor not adequately conveyed through still images. In these situations, city councils should probably refrain from any action until its voting members are physically present at duly authorized meetings. c. Attorney/client confidentiality.

Protection of attorney/client confidences requires additional precaution where closed sessions are held by teleconference. The broad range of sophistication in technology presents a broad range of risks.
· Video teleconferencing over dedicated telephone lines. This type of teleconferencing is provided over dedicated ISDN telephone lines. Access is not shared with other users and the information passes only through conventional, secure data lines provided by the phone company. These communications are the most secure, providing security equivalent to traditional telephone communications.
· Wide area networks. These are services not provided through dedicated lines, but by a provider willing to make a portion of its wide area network (WAN) available for teleconferencing. The WAN provider employs data encryption as the means of deterring interception of the communication. Because the lines are shared, confidentiality is not assured. However, some providers will guarantee security. · Virtual private networking. This type of teleconferencing is available in many off-the-shelf forms and can be employed with common PC’s. It can provide audio coupled with serial still pictures or video “streaming” where a relatively uninterrupted video image is transmitted. Although this technology is very inexpensive, faulty encryption or the involvement of too many hosts – common Internet problems – can compromise the lawyer’s duty to protect and maintain client confidentiality.

While the attorney/client privilege in Section 954 of the Evidence Code is generally protected where an electronic eavesdropper intercepts a communication, communicating by means that others could easily intercept is evidence that the communication was not intended to be confidential. (See, Jack L. White, “You’ve Got Mail!”, City Attorneys Department Meeting, Spring 1999.)

3. Practice tips.
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The city attorney should not assume that teleconference procedures will go unscrutinized. On the contrary, it is probably safe to assume that for each council member who feels sufficiently compelled to take the extra steps to patch in, there is an antagonist who would rather see the council member not participate. In order to protect council action from invalidation under the Brown Act, it is important make sure the extra steps are documented.

This is doubly important where the city attorney might be called upon later to provide an opinion on the validity of the council proceeding or action. One city attorney called upon to issue an opinion letter for a bond issue, prepared the attached script to read into the record documenting that the agenda posting, setup of teleconference facilities, attendance, and rollcalls complied with the Brown Act.

SCOTT C. SMITH
Mr. Smith wishes to acknowledge the assistance of colleagues Hayley Peterson, Steve Deitsch, and Steve DeBaun in preparing these materials.
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SAMPLE SCRIPT FOR TELECONFERENCING PUBLIC MEETINGS

UNDER BROWN ACT
(Gov’t Code Section 54953)
PRIOR TO ROLL CALL:

Prior to roll call, I would like to make clear for the record of this meeting, and it should be reflected in the minutes, that at least a portion of this City Council and Redevelopment Agency meeting is conducted pursuant to California Government Code Section 54953, in that Mayor Pro-Tem Hansen is on the Viking Standard Cruise Ship in or off the Coast of Mexico, and Council member Kensington is in Edinburgh, Scotland. Both Mayor Pro-Tem Hansen and Council member Kensington are participating by speaker phone. In accordance with the Ralph M. Brown Act, each teleconference location has been identified in the notice and agenda for this meeting.

Madame Clerk, it would now be appropriate for you to conduct roll call, after which I would ask the Mayor to recognize me in order to confirm certain matters for the record. [ROLL CALL]
I would now like to request that Mayor Pro-Tem Hansen respond to the following questions:
(1) Mayor Pro-Tem Hansen, can you hear me well?
(2) Were you able to hear our proceedings on this end up until now? (3) Do you have a copy of the agenda for this meeting?
(4) Have you posted the agenda at the location where you are? (5) Is your location reasonably accessible to the public, such that any member of the public could participate in this teleconference from your location if he or she wished to do so?
(6) Is there any member of the public there with you who would like to participate in the public comment portion of this meeting, or otherwise address any agenda item for this meeting?
Next, I would like to request that Council member Kensington respond to the following questions:
[REPEAT THE SAME QUESTIONS]
I would now like to ask that any member of the City Council and Board of the Redevelopment Agency speak up at this time if such Council member and Board Member has not been able to clearly hear either Mayor Pro-Tem Hansen or Council member Kensington. Hearing no comment, the record should reflect that all Council members and Agency Board members present have indicated that they were able to hear both Mayor Pro-Tem Hansen and Council member Kensington clearly.
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I would next like to ask Mayor Pro-Tem Hansen whether he has been able to hear Council member Kensington.

I would next like to ask Council member Kensington whether he has been able to hear Mayor Pro-Tem Hansen.

I would next request that any Council member and Agency Board Member, including Council members Hansen and Kensington, speak up at this time if such Council member and Board Member has any reason to believe, based on voice recognition or otherwise, that those persons representing themselves to be either Council member Hansen or Council member Kensington are not truly so. Hearing no comment, the record should reflect that no Council member has expressed doubt that Council members Hansen and Kensington are the parties participating by teleconference with Council members and Board Members present here.

I would now like to advise the Mayor and Council members and the City Clerk, that any votes taken during the teleconference portion of this meeting must be taken by roll call. 197
AB 2449: NEW TELECONFERENCING

RULES FOR OPEN MEETINGS
Jose M. Sanchez, City Attorney
Michael Maloney, City Clerk
198
2 Allowed Provisions:
 Teleconference location listed on agenda at the time of publication and posting (72 hours/24 hours)
 Agenda was posted at teleconference location (where Council Member will be calling in from)
 Remote location was publicly accessible (open and accessible to the public)  Quorum of the legislative body participating within the body’s jurisdiction (within the City of Cloverdale)

TRADITIONAL TELECONFERENCING - THE BROWN ACT
199
3 TIMELINE OF SIGNED ORDERS AND ASSEMBLY BILLS
March
2020
Governor Signs
N 08-21
September 2021
Governor Signs
AB 361
September 2022
Governor Signs
AB 2449
200
4 ASSEMBLY BILL (AB) 2449
• Authorizes members (less than a quorum) of a legislative body to participate remotely under “just cause” or due to “emergency circumstances” • Quorum must still participate in person and at a single location as identified on the agenda (ex: 3 Council Members in person in Council Chamber) • Officials attending remotely must participate using both audio and visual technology
• In the event of a disruption preventing the internet-based option, the legislative body must pause or continue the meeting until the option is restored • Limit on use: No more than three consecutive months or 20% of regular meetings within a calendar year; maximum of two meetings for bodies that meet less than ten times per year
201
5 AB 2449 (CONTINUED)
Just Cause
• Limited to two meetings per year
• Childcare or caregiving need
• Contagious illness
• Physical or mental disability need
• Traveling on official City business
• Publicly disclose if any other
individuals 18 years of age or older
are present in the room and
general nature of member’s
relationship with such individual(s)
Emergency Circumstance
• A physical or family medical
emergency
• Requires approval by the legislative
body to allow remote participation
• Approval will be placed on agenda
• Publicly disclose if any other
individuals 18 years of age or older
are present in the room and general
nature of member’s relationship
with such individual(s)
202
6 MOVING FORWARD
• AB 361 findings no longer need to be performed
• Zoom option will remain as a courtesy to the public, staff, and contractors for regular meetings and Subcommittee meetings
• Should a disruption occur with the internet-based Zoom option when AB 2449 is not utilized, Council will have option to continue the meeting – No need to stop the meeting
• Reasonable requests for accommodations, consistent with the Americans with Disabilities Act of 1990, will continue to be met
203
7 Any Questions?
ANY QUESTIONS?
204
1 From: Melanie Bagby
Sent: Wednesday, February 22, 2023 9:08 AM
To: Michael Maloney
Subject: Council Report 2/9-22
2/14 Attended Geyserville Chamber Dinner with SMART ED Cummings and Cloverdale CM Kelley 2/15 Attended SMART board meeting | meeting summary:
https://urldefense.proofpoint.com/v2/url?u=https‐3A__mailchi.mp_9666eadefa54_board‐2Dmeeting‐2Dsummary‐ 2Djanuary‐2D18‐2D7123979‐3Fe‐3Dd59b13a369&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf‐ v5A_CdpgnVfiiMM&r=mdmuhW719mVJGa1IlDY4NK6uBGZoyk55D1M9LxJPOjc&m=smvGYfYhTvi1jiQmdF7rppmDP7cHRT 4aCe_b5rg_Chw&s=8jZIlQJDRI72a6sN1HeNeCxuTvUThNGS1L9ePtg7cmM&e= 2/16 Attended ZeroWaste Sonoma board meeting. Attended GRTA board meeting 2/18 Attended Cloverdale Citrus Fair Parade
2/19 Attended SCBC Biker Chicks Cloverdale ride
2/21 Attended Planning & Sustainability subcommittee meeting Melanie Bagby
Councilmember, City of Cloverdale
707‐893‐7170 • [email protected]
www.facebook.com/cccmbagby/
205
1 Michael Maloney
From: Marjorie Morgenstern
Sent: Tuesday, February 21, 2023 10:35 AM
To: Michael Maloney
Subject: Late I know..

I attended the Cloverdale Senior Center Board Meeting Coffee with the Mayor The Homeless Committee Meeting The Steelhead Festival The Citrus Fair
Sent from my iPad
206

Cloverdale City CouncilFebruary 22, 2023

Cloverdale City Council
February 22, 2023