Minutes — Cloverdale City Council, October 25, 2023

City Council Minutes – October 25, 2023 - Page 1 of 5
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net

MINUTES - FINAL

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, OCTOBER 25, 2023
6:00 PM

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

CLOSED SESSION
124 N. CLOVERDALE BLVD.
5:00 PM

1. OPENING CLOSED SESSION

1.A Call to Order
Mayor Lands called the meeting to order at 5:05 p.m.

1.B Roll Call

Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler

Absent: None.

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

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

None.

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

3.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)) (one case):

Potential Litigation against 3M Company and DuPont de Nemours, Inc. Related to per and Poly-Fluoroalkyl Substances ("PFAS") Item was received and filed.

Mayor Lands adjourned Closed Session at 5:46 p.m.

City Council Minutes – October 25, 2023 - Page 2 of 5

OPEN SESSION
209 N. CLOVERDALE BLVD.
6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6:01 p.m.

A.2 Pledge of Allegiance
Mayor Lands led the pledge of allegiance.

A.3 Roll Call

Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler

Absent: None.

A.4 Conflict of Interest Declaration
None.

A.5 Report Out on Closed Session
None.

A.6 Agenda Review (Changes and/or Deletions)
None.

B. PUBLIC COMMENTS
Public Comment(s):

Rob Koslowsky
Adina Flores
Shelby Pryor
Angela Cordova
B.1 Written Correspondence
S. Ipolani Bovee
C. COMMUNICATIONS
None.

D. STUDENT LIAISON REPORT
Student Liaison Gallego reported.

E. PROCLAMATIONS
E.1 Condemning Terrorism
Mayor Lands read the proclamation.

City Council Minutes – October 25, 2023 - Page 3 of 5
Public Comment(s):

Joanne Mitzel
Reece Foxen
F. PRESENTATIONS
None.

G. CONSENT CALENDAR
A motion was made by Vice Mayor Wolter, seconded by Councilmember Wheeler, to waive reading of the text and adopt the Consent Calendar.

The motion carried by the following vote:

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

Absent: (0) None
G.1 Minutes Approval - October 11, 2023
Action: Approved as submitted.

G.2 Cancellation of the November 22, 2023 and December 27, 2023 regularly scheduled City Council meetings due to proximity to Federal Holidays Action: Approved as submitted.

H. PUBLIC HEARINGS
None.

I. NEW BUSINESS
I.1 Urban Growth Boundary Ballot Initiative discussion and direction Assistant City Manager Thompson and City Manager Kelley presented and responded to Councilmember inquiries and comments.

Public Comment(s):

Reece Foxen provided suggestions.

Council discussed and provided direction to Staff.

Public Comment(s):

Howard Bogert from Clear Water Ranch spoke.

I.2 First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center City Manager Kelley presented.

City Council Minutes – October 25, 2023 - Page 4 of 5
A motion was made by Councilmember Bagby, seconded by Vice Mayor Wolter, to waive reading of the text and adopt:

RESOLUTION NO. 076-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING THE FIRST AMENDMENT TO THE FACILITY USE AGREEMENT WITH THE CLOVERDALE PERFORMING ARTS CENTER.

The motion carried by the following vote:

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

Absent: (0) None
J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Finance, Administration & Police: Chair Lands and Vice Chair Bagby Last Meeting Agenda | Next Meeting - November 6, 2023
Homelessness Community Advisory Group: Chair Wheeler and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - TBD, 2024.

Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - December 18, 2023
Planning and Sustainability: Chair Bagby and Vice Chair Wolter Last Meeting Agenda | Next Meeting - December 19, 2023
Public Works and Facilities: Chair Wolter and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - November 28, 2023 (October 24, 2023 - Cancelled) K. COUNCILMEMBER REPORTS
None.

K.1 Written Reports
Councilmember Bagby.

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

M. CITY MANAGER/CITY ATTORNEY REPORTS
None.

City Council Minutes – October 25, 2023 - Page 5 of 5
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Proclamation Discussion.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:27 to the next regular meeting of the Cloverdale City Council scheduled for November 8, 2023.

APPROVED ON: November 8, 2023
__________________________
Mike Maloney, City Clerk
1 124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, OCTOBER 25, 2023
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
The Cloverdale City Council welcomes public interest, attendance, and in-person participation at meetings.

Open session meetings are held in-person at the Cloverdale Performing Art Center. You may also view the live streams online at www.zoom.us/join, by telephone: 1.669.900.6833, both using Meeting ID: 823 1668 4527, directly at https://us02web.zoom.us/j/82316684527 or on YouTube at cloverdale.net/youtube

CLOSED SESSION
124 N. CLOVERDALE BLVD.
5:00 PM

1. OPENING CLOSED SESSION

1.A Call to Order

1.B Roll Call

1.C Closed Session Agenda Review (Changes and/or Deletions)

2. PUBLIC COMMENTS ON CLOSED SESSION AGENDA:

Prior to recessing to Closed Session, the Public may speak on Closed Session Items.

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

3.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)) (one case):

Potential Litigation against 3M Company and DuPont de Nemours, Inc. Related to per and Poly-Fluoroalkyl Substances ("PFAS") 2 OPEN SESSION
209 N. CLOVERDALE BLVD.
6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
A.2 Pledge of Allegiance
A.3 Roll Call
A.4 Conflict of Interest Declaration
A.5 Report Out on Closed Session
A.6 Agenda Review (Changes and/or Deletions)
B. PUBLIC COMMENTS
Any person wishing to speak on an item not listed on the agenda may do so in-person at this time.

B.1 Written Correspondence
Written Correspondence - S. Ipolani Bovee
C. COMMUNICATIONS
Public written communications sent to Councilmembers since the last meeting may be discussed at this time.

D. STUDENT LIAISON REPORT
E. PROCLAMATIONS
E.1 Condemning Terrorism
Proclamation Condemning Terrorism
F. PRESENTATIONS
None.

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

G.1 Minutes Approval - October 11, 2023
Recommended Action(s):

Approve the October 11, 2023 Draft Minutes
Draft Minutes - October 11, 2023
G.2 Cancellation of the November 22, 2023 and December 27, 2023 regularly scheduled City Council meetings due to proximity to Federal Holidays 3 Recommended Action(s):

Cancel the November 22, 2023 and December 27, 2023 City Council meetings and request the City Clerk to post the attached cancellation notices accordingly.

Cancellation Notice - November 22, 2023
Cancellation Notice- December 27, 2023
H. PUBLIC HEARINGS
None.

I. NEW BUSINESS
I.1 Urban Growth Boundary Ballot Initiative discussion and direction Recommended Action(s):

Provide direction to staff regarding a potential ballot initiative to amend the Urban Growth Boundary (UGB).

Agenda Report
Attachment 1 - Hillside Development Zoning Information
Attachment 2 - General Plan UGB Info
Attachment 3 - Proposed UGB Map
Attachment 4 - September 1, 2023 Agenda Report
Attachment 5 - Presentation
I.2 First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center
Recommended Action(s):

Adopt a Resolution Entitled, “A Resolution of the City Council of the City of Cloverdale Approving the First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center.” Agenda Report
Attachment 1 - City Facility Use Fee Signed Agreement
Attachment 2 - CPAC Facility Use Fee Calculation
Attachment 3 - Resolution
Attachment 4 - First Amendment to Draft CPAC Facility Use Agreement J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - December 18, 2023 Planning and Sustainability: Chair Bagby and Vice Chair Wolter Last Meeting Agenda | Next Meeting - December 19, 2023
Public Works and Facilities: Chair Wolter and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - November 28, 2023 (October 24, 2023 - Cancelled) 4 K. COUNCILMEMBER REPORTS
Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.

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

M. CITY MANAGER/CITY ATTORNEY REPORTS
N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Councilmembers may request agenda items for future Council and or Council Subcommittee meetings.

O. ADJOURNMENT
To the next regular meeting of the Cloverdale City Council scheduled for November 8, 2023.

IMPORTANT NOTICES REGARDING CITY COUNCIL MEETINGS
PUBLIC COMMENTS: Members of the public may provide comment on an agenda item in-person during the public comment periods. Commenters will have three (3) minutes to speak. City Council is unable to respond directly to questions or enter into dialogue with commenters. Comments may also be submitted prior to [email protected]. by 12 p.m. the day of the meeting. Submissions and supplemental attachments are considered public records pursuant to Government Code § 54957.5.

SPECIAL NEEDS ACCOMMODATIONS: In compliance with the Americans with Disabilities Act and Title VI, if you need special assistance to participate in this meeting, please contact the City Clerk's office at [email protected] or 707.894-1712. Notification at least 72 hours prior to the meeting will enable the City to make reasonable accommodations are made to provide accessibility to the meeting.

AB 2449: Councilmembers participate in person or teleconference methods consistent with traditional provisions of the Brown Act, Government Code § 54953(b), unless the meeting is being held pursuant to provisions of AB 2449. If a technical issue arises with Zoom or the dial-in option, the meeting will continue unless it is being held pursuant to the provisions of Assembly Bill 2449.

AB 343: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Hall offices located at 124 N. Cloverdale Blvd., Cloverdale, CA 95425 during normal business hours as provided by Assembly Bill 343.

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

AFFIDAVIT OF POSTING
The City Clerk’s Office does hereby declare that, in accordance with California Government Code § 54954.2(a), this agenda for the above stated meeting(s) was posted at least 72 hours prior to the meeting (24 hours prior to a Special Meeting) on the outdoor bulletin board at City Hall, 124 N. Cloverdale Blvd., Cloverdale, CA, 95425 and the Cloverdale Performing Art Center, 209 N. Cloverdale Blvd., Cloverdale, CA, 95425, and online at 5 www.cloverdale.net/agendacenter. The agenda is also available for public review at City Hall at least 24 hours in advance of the meeting.

Date posted: October 19, 2023 | Time posted: 5:20 p.m. | City Clerk Signature: s/Mike Maloney Amended: October 25, 2023 | 3:36 p.m. | s/Mike Maloney

CLOVERDALE WEEKLY NEWSLETTER
Interested in receiving useful information and updates about City events, initiatives, activities, budget and public meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 6 Subject: FW: TO BE READ AT PUBLIC COMMENT OCT 25th CITY COUNCIL MEETING Date: Wednesday, October 25, 2023 3:14:32 PM
From: Shawn & Ipo Bovee <>
Sent: Wednesday, October 25, 2023 11:39 AM
To: Gus Wolter <>; Kevin Thompson
<>; David Kelley <>; Todd Lands
<>
Subject: TO BE READ AT PUBLIC COMMENT OCT 25th CITY COUNCIL MEETING Subject: Concerns about the October 17th Planning and Sustainability Subcommittee Meeting To the Cloverdale City Council,
I hope this email finds you well. I am writing to express my deep concern regarding the behavior of Councilperson Melanie Bagby during the Planning and Sustainability Subcommittee meeting held on October 17th, which I had the opportunity to watch on YouTube. It is my understanding that many of you were present during this meeting and witnessed her actions firsthand.

Melanie Bagby’s conduct during the meeting was deeply troubling and created a hostile working environment for all those involved. It is important to emphasize that her behavior is also profoundly traumatizing for constituents who watched the meeting. Being involved in civic matters is already challenging, and Melanie Bagby’s attempts to intimidate and abuse her position have exacerbated the difficulties for our community.

She repeatedly used her position to silence a constituent and to berate, abuse, and intimidate her fellow Council member, Gus Wolter. I believe it is imperative that immediate action is taken in response to her behavior. Specifically, I urge the City Council to consider the following actions:

1. Remove Melanie Bagby from her position as Chair of this Subcommittee.

2. Grant her a leave of absence for the next three City Council meetings.

Her behavior, such as repeatedly slamming the gavel, demanding the meeting be stopped from recording, and using the gavel to intimidate, is unacceptable. A gavel is meant to be a tool, not a weapon. Allowing a City Council member to intimidate, silence constituents, and fellow Council members is entirely unacceptable and must be addressed promptly.

Furthermore, Melanie Bagby’s actions have created a hostile working environment for not only taxpayers but also City staff and her fellow Council members. Her actions during the meeting have raised serious doubts about whether she is truly representing the interests of her constituents and fellow Democrats.

I support the suggestion put forward by David Kelly to seek advice from legal counsel regarding this matter. In addition, I believe it is in the best interest of the constituents and the working environment for City staff and Council members to place Melanie Bagby on leave.

In light of the events that transpired during the October 17th meeting, I firmly believe that Melanie Bagby no longer has the right to wield the gavel and should consider submitting her resignation.

I appreciate your attention to this matter, and I hope that the City Council will take swift and appropriate action to address this issue. Our community deserves elected officials who conduct themselves with integrity and respect while fostering a productive and non-hostile working environment. It is vital for the well-being of our community and the engagement of its constituents.
7 Thank you for your time and consideration.

Sincerely,
S. Ipolani Bovee
Cloverdale, CA
Kō Studio
Art&Tattoo
Sonoma County CA
8 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE

CONDEMNING THE TERRORIST ATTACKS ON ISRAEL
WHEREAS, the City Council of Cloverdale recognizes the importance of peace and security for all communities and nations around the globe and condemns terrorism of any form, as it jeopardizes the safety and well being of innocent civilians, and impedes progress towards peace and stability; and
WHEREAS, Cloverdale stands for the values of peace, justice, and understanding among all peoples regardless of their national, ethnic, or religious affiliations; and WHEREAS, the City Council of Cloverdale is deeply concerned regarding the October 7, 2023 coordinated attacks on Israel in which the terrorist organization Hamas breached Israel’s borders, infiltrated communities, indiscriminately bombed densely populated cities, and kidnapped, wounded, and killed thousands; including eleven Americans who have been declared dead; and
NOW THEREFORE BE IT PROCLAIMED, the City Council of the City of Cloverdale reaffirms its stance against violence and hatred of any form, and does hereby stand in solidarity with the State of Israel and its people, and joins the United States and other nations, in condemning terrorism, extends heartfelt sympathies to the victims and their families of these horrific attacks, and calls upon all concerned parties to engage in constructive dialogue and actions towards achieving lasting peace.

SO ORDERED:

October 25, 2023
Todd Lands, Mayor
9 124 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, OCTOBER 11, 2023
CLOSED SESSION: 5:00 PM
OPEN SESSION: 6:00 PM

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

1. OPENING CLOSED SESSION

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

1.B Roll Call -

Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler

Absent: None.

1.C Closed Session Agenda Review - None.

2. PUBLIC COMMENTS ON CLOSED SESSION
AGENDA: None.

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

3.A Public Employee Performance Evaluation
Pursuant to Government Code Section 54957
Title: City Manager
Item was received and filed.

Mayor Lands adjourned Closed Session at 5:43 p.m.

A. OPENING PUBLIC SESSION
A.1 Call to Order - Mayor Lands called the meeting to order at 6:01 p.m.

A.2 Pledge of Allegiance - Mayor Lands led the pledge of allegiance.

A.3 Roll Call -

Present: Mayor Lands, Vice Mayor Wolter, Councilmembers: Bagby, Morgenstern, Wheeler

Absent: None.

City Council Minutes - October 11, 2023- Page 1 of 5
A.4 Conflict of Interest Declaration - None.

A.5 Report out on Closed Session - None.

A.6 Agenda Review - Staff requested item J. New Business be seen after item F. Proclamations.

B. PUBLIC COMMENTS
Richard Greene spoke regarding a Pearl Harbor commemorative flag at City Hall.

Jeff Sheiber spoke regarding public trash can placement near Cloverdale High School.

C. COMMUNICATIONS
None.

D. OATH OF OFFICE
D.1 Student Liaison - Iara Gallego
Assistant City Manager Thompson introduced the item and City Clerk Maloney swore Iara Gallego into the position of Student Liaison for the City of Cloverdale / Cloverdale School District.

E. STUDENT LIAISON REPORT
Student Liaison Gallego reported.

F. PROCLAMATIONS
F.1 Water Professionals Week
Councilmember Wheeler presented the Proclamation and Darren Hernandez and Jay Robinson accepted the proclamation on behalf of the Cloverdale Water Division.

Mayor Lands reordered the agenda to see item J. New Business, prior to item G. Presentations.

G. PRESENTATIONS
G.1 Update on the Active Transportation Plan being led by Sonoma County Transportation Authority (SCTA).

Assistant City Manager Thompson introduced the item.

Dana Turrey, SCTA and Taylor McAdam, Fehr & Peers presented.

Public Comment:

Erin Gore spoke in support of the plan.

Assistant City Manager Thompson responded to Councilmember inquiries and comments. Council provided direction to staff.

G.2 Presentation from the collective of organizations including the Healthcare Foundation Northern Sonoma County, Nuestra Comunidad, La Famila Sana, Alexander Valley Healthcare and On the Margins regarding the “Nuestra Comunidad Sana - Our Healthy Community” project. 10
City Council Minutes - October 11, 2023- Page 2 of 5
Assistant City Manager Thompson introduced the item and representatives from the collective of organizations including the Healthcare Foundation of Northern Sonoma County, Nuestra Comunidad, La Famila Sana, Alexander Valley Healthcare and On the Margins regarding the “Nuestra Comunidad Sana - Our Healthy Community presented.

Council provided comments on the project.

Public Comment:

Courtney Cochren spoke in support of the project.

Erin Gore spoke in support of the project.

Ramirez spoke in support of the project.

Addison Pickrel spoke in support of the project.

Mayor Lands recessed the meeting at 7:26 p.m. and reconvened at 7:33 p.m.

H. CONSENT CALENDAR
A motion was made by Councilmember Bagby, seconded by Vice Mayor Wolter, to waive reading of the text and adopt the Consent Calendar.

The motion carried by the following vote:

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

Abstain: (0) None.

Absent: (0) None.

H.1 Annual Maintenance Services Agreement with Miksis Services, Inc. to Provide Sewer Maintenance and Rehabilitation
Action: Resolution Adopted
RESOLUTION NO. 072-2023 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CLOVERDALE APPROVING A NEW MAINTENANCE SERVICES AGREEMENT WITH MIKSIS SERVICES, INC. TO PROVIDE SANITARY SEWER MANHOLE REHABILITATION ON 27 LOCATIONS IN AN AMOUNT NOT TO EXCEED $169,336.20 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT.

H.2 Amend the Fiscal Year 2023-24 budget to cover the cost of initial work associated with the financial support request and fire suppression services at Lydia Ranch Open Space.

Action: Resolution Adopted
RESOLUTION NO. 073-2023 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING THE FY 2023-24 BUDGET AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REDWOOD TRAIL

ALLIANCE AND TO ACQUIRE VEGETATION MANAGEMENT FOR THE LYDA RANCH OPEN SPACE IN AN AMOUNT NOT TO EXCEED $20,000.

City Council Minutes - October 11, 2023- Page 3 of 5 11 H.3 Budget Amendment in the amount of $4,000 for the purchase of new computer tablets Action: Resolution Adopted
RESOLUTION NO. 074-2023 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING A BUDGET AMENDMENT TO THE FY 2023-24 BUDGET IN THE AMOUNT OF $4,000 TO PURCHASE TWO NEW COMPUTER TABLETS (IPADS) AND ASSOCIATED ACCESSORIES.

H.4 Approval of Minutes - September 13, 2023
Action: Approved as submitted.

H.5 Stop Sign installation 2nd Street and Commercial Street intersection.

Action: Resolution Adopted
RESOLUTION NO. 075-2023 ENTITLED: RESOLUTION OF THE CLOVERDALE CITY COUNCIL APPROVING THE INSTALLATION OF “STOP” SIGNS IN THE EAST AND WEST BOUND LANES OF 2ND STREET AT INTERSECTION OF 2ND STREET AND COMMERCIAL STREET I. PUBLIC HEARINGS
None.

J. NEW BUSINESS
J.1 At-Will Employment Agreement with Christopher Parker for the City of Cloverdale’s Police Chief position
Chief Ferguson introduced the item and City Attorney Sanchez presented.

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

RESOLUTION NO. 071-2023 ENTITLED: RESOLUTION OF THE CITY OF COUNCIL OF THE

CITY OF CLOVERDALE APPROVING AN AT-WILL EMPLOYMENT WITH CHRISTOPHER

PARKER AS CLOVERDALE POLICE CHIEF AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.

The motion carried by the following vote:

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

Abstain: (0) None.

Absent: (0) None.

Lieutenant Parker addressed the Council and Councilmembers provided comments.

City Council Minutes - October 11, 2023- Page 4 of 5 12 13 K. SUBCOMMITTEE REPORTS
Finance, Administration & Police: Chair Lands and Vice Chair Bagby Last Meeting Agenda | Next Meeting - November 6, 2023
Homelessness Community Advisory Group: Chair Wheeler and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - TBD, 2024.

Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - October 16, 2023 Planning and Sustainability: Chair Bagby and Vice Chair Wolter Last Meeting Agenda | Next Meeting - October 17, 2023
Public Works and Facilities: Chair Wolter and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - October 24, 2023
L. COUNCILMEMBER REPORTS
Mayor Lands and Councilmember Bagby reported.

L.1 Written Reports
Councilmember Bagby provided a written report.

M. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
M.1 Letter of Commitment for Sonoma County COAD's Sonoma County Community Resilience Centers Network Planning Grant Application to the California Strategic Growth Council CRC Program.

Assistant City Manager Thompson reported.

N. CITY MANAGER/CITY ATTORNEY REPORTS
Assistant City Manager Thompson reported.

O. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Commemorative Pearl Harbor Flag: City Council.
• Garbage Cans near High School to Joint City School Subcommittee. • “Our Healthy Community” project: Planning and Sustainability Subcommittee. • SCTA, Ridge to River, and Great Redwood Trail to Economic Development Plan to Planning and Sustainability Subcommittee.
• Park Staffing to Public Works and Facilities and Finance Admin, and Police Subcommittees.

P. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:47 to the next regular meeting of the Cloverdale City Council scheduled for October 25, 2023.

APPROVED:

Mike Maloney, City Clerk
City Council Minutes - October 11, 2023- Page 5 of 5
1 14
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
AGENDA

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

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

CANCELLED
Notice is hereby given that the Cloverdale City Council meeting scheduled for Wednesday November 22, 2023 at 6 p.m. has been CANCELLED.

Happy Holidays!

AFFIDAVIT OF POSTING
The City Clerk’s Office does hereby declare that, in accordance with California Government Code § 54954.2(a), this cancellation for the above stated meeting(s) was posted at least 72 hours prior to the meeting (24 hours prior to a Special Meeting) on the outdoor bulletin board at City Hall, 124 N. Cloverdale Blvd., Cloverdale, CA, 95425 and the Cloverdale Performing Art Center, 209 N. Cloverdale Blvd., Cloverdale, CA, 95425, and online at www.cloverdale.net/agendacenter. The agenda is also available for public review at City Hall at least 24 hours in advance of the meeting.

Date posted: October 26, 2023 | Time posted: 12 p.m. | City Clerk Signature: s/Mike Maloney

CLOVERDALE WEEKLY NEWSLETTER
Interested in receiving useful information and updates about City events, initiatives, activities, budget and public meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 1 15
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, DECEMBER 27, 2023

CANCELLED
Notice is hereby given that the Cloverdale City Council meeting scheduled for Wednesday, December 27, 2023 at 6 p.m. has been CANCELLED.

Happy Holidays!

Date posted: October 26, 2023 | Time posted: 12 p.m. | City Clerk Signature: s/Mike Maloney

CLOVERDALE WEEKLY NEWSLETTER
Interested in receiving useful information and updates about City events, initiatives, activities, budget and public meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 16 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: Oct. 25, 2023
Agenda Section:

New Business
Staff Contact:

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

Rafeal Miranda, Associate Planner
Agenda Item Title:

Urban Growth Boundary Ballot Initiative discussion and direction.

Recommended Council Action(s):

Provide direction to staff regarding a potential ballot initiative to amend the Urban Growth Boundary (UGB) Background:

At the September 13, 2023, meeting, the City Council provided direction to staff to bring back additional information regarding amending the city’s current UGB. This decision was made in part because amending the UGB could potentially increase the City’s influence on land use decisions on the western hillside and opening the city to additional open space.

The impetus for this discussion arose when representatives from the Clearwater Ranch approached the city about a possible annexation of their property to accommodate future expansion. Clearwater Ranch is a non-profit adult care facility established in 2018, located off Cherry Creek Road. The site is within the General Plan Study Area but is outside the Urban Growth Boundary (UGB) approved by the voters in 2010 (Measure Q). Because Clearwater Ranch is in Sonoma County, city services are not available, leaving limited opportunities for expansion. However, City water and sewer service for the most part cannot be provided to parcels outside of the UGB. For this reason, Clearwater Ranch is seeking to amend the UGB to include their property, and subsequently annexed into the City. Properties requesting annexation must be within the UGB.

In addition to the Clearwater Ranch property, there is an adjacent parcel that would also need to be included in an expansion of the UGB and require annexation to avoid the creation of a county island. The Babu parcel comprises 15.42 acres and is situated between the city boundaries and the Clearwater Ranch parcel. Mr. Babu has indicated his desire to develop the parcel with a few houses, depending on lot lay out and topography. Generally, any development that might occur on the Babu property would take place along the eastern side of near the existing pond.

During the UGB amendment discussion on September 13th the Council was presented with 3 options.

Option 3, explore the idea of expanding the UGB beyond the Clearwater Ranch to a larger geographic area was the direction provided to staff (see below for option 3 language). This also included the idea of extending the sunset date of the UGB beyond its 2030 expiration date.

3. The Council may consider the option of comprehensively reviewing and amending the city’s current UGB, rather than addressing the two parcels only. The current UGB was passed by the voters in 2010 with an expiration of 2030. It may be worth considering renewal and amending the entire UGB as part of this initiative. If successful, it would increase the City’s influence on land use decisions on the western 17 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 25, 2023

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slope of the valley. Potentially opening the city to additional open space on the western side of the valley. This could occur by allowing a small amount of development, in accordance with the General Plan parameters, in exchange for dedication of open space.

Discussion:

After a discussion and presentation by the Clearwater Ranch representatives, the Council had some questions, and directed staff to return. The section below encapsulates the questions asked by the Council and provides answers.

Q1 - Should the ballot initiative include an extension of the sunset date? The current UGB is set to expire on January 1, 2030. If the direction is to proceed with the ballot initiative, staff recommends including the extension of the UGB’s boundary for an additional 20 years.

Q2 - What are the implications of properties on the on the western hills? Given the western hills are currently under the jurisdiction of Sonoma County, the city has no jurisdiction over land use decisions. If a UGB ballot initiative was successful, the City would have more control over land use decisions in the western hills and areas to the south. This could occur by allowing a small amount of development, in accordance with the General Plan parameters, in exchange for dedication of open space.

Current County Zoning- The western hills are currently in the jurisdiction of County of Sonoma and are zoned RRD B8, RC50/50. The County RRD B8 RC 50/50 zoning allows more than 40 different land uses, ranging from agricultural to residential to recreational. Examples include a wholesale nursery, golf course, bed and breakfast, music and dance studio, educational institution, large/small family day care centers, etc.

Many of these uses would be subject to the availability of water and wastewater services, which would likely limit development potential.

Potential General Plan Land Use Designation and Zoning- Any area brought into Cloverdale’s UGB through a ballot initiative, would require a General Plan land use designation. This designation sets the stage for the eventual pre-zoning and zoning of the parcel if annexation is achieved. The likely General Plan land use designation would be Rural Residential (RR). The RR General Plan designation is a restrictive land use described in the table below. The Hillside Protection Section 18.09.040 would also apply to any development proposed on the western hillside.

The table below provides a side-by-side comparison of development standards under the current county zoning RRD B8 50/50 vs. potential City zoning RR. See attachment 1 for more zoning information. 18 City Council/Successor Agency Agenda Item Summary
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Table 1 - Comparison of development standards under the current county zoning RRD B8 50/50 vs. potential City RR zoning designation
Development Standards RRD B8 RC 50/50
County of Sonoma
RR
City of Cloverdale
Density
(maximum units per acre) 1-20 0.2
Minimum Lot Size 1-1.5 acres 30 acres
Minimum Lot Width 80’ 150’
Minimum Lot Depth n/a 100’
Front Setback (minimum) 20’ 35’
Side Setback 5’ 20’
Rear Setback 20’ 30’
Floor Area Ratio (maximum) n/a 0.4
Lot Coverage 35% n/a
Building Height
(maximum) 35’ 35’ or 2 stories,
whichever is less
Accessory Building Height 35’ 14’
Distance Between Buildings n/a 10’
Q 3- What is the cost of a ballot initiative?
The County Registrar of Voters will charge the city for the cost of conducting the November 8, 2024, election. The cost for the proposed Urban Growth Boundary amendment measure is estimated to be approximately $9,201 - $15,000, depending on the number of registered voters. The City is ultimately responsible for that cost even if the measure qualifies for the ballot through the signature gathering process.

The cost range of the general election not including the ballot measure is $12,268 - $36,805. The total estimated cost of holding the election for both the general election (2 council seats) and a special ballot measure may be as high as $52,140. The Draft FY 2023/24 budget will include a line-item expenditure to the General Fund to cover the General Municipal Election and any ballot measures. Staff recommends that the Council direct staff to enter a reimbursement with the applicant to cover costs related to the ballot measure, including preparation of materials, staff time, CEQA review, and the charge imposed by the Register of Voters to ensure adequate funding is available to cover election expenses.

We were informed that Sonoma LAFCO may need to conduct a Municipal Service Review (MSR) of the City prior to amendment of its UGB. LAFCO determined that, based on state law and Commission policy, they will need to conduct the MSR as the last one was approximately ten years ago. The estimated cost of the study is $20,000-25,000 applicants and/or the City would be required to pay the cost.

Staff discussed the idea of a cost sharing arrangement with some property owner who would be willing to contribute to the effort. Although we may receive some financial assistance, it is unclear how much. Other unknown costs would include the cost of conducting CEQA or other environmental review that may be required or needed.
19 City Council/Successor Agency Agenda Item Summary
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Q4 - Review the General Plan policies regarding the UGB and western hills.

Attachment 2 contains a complete list of General Plan Policies related to the UGB and western hills. Most notable is the number of exceptions that would allow development outside the current UGB. Any development eligible for an exception to the current UGB and requested City services, would require an outside service agreement approved by Sonoma County LAFCO. Some outside service area agreements are subject to LAFCO Commission review, and (2) review, process, and approve outside service area agreements not exempt under the provisions of Section 56133 of the Government Code to ensure that such agreements comply with those provisions and do not promote growth opportunities without appropriate oversight.

Below is a list of exceptions and policies related to development in the western hills outside the current UGB.

General Plan Land Use Element:
ii. Services may only be provided to land outside and adjacent to the western City limit/Urban Growth Boundary pursuant to this exception for the following land uses:
(a) residential development with a finished grade below the 550-foot elevation consistent with all of the land use requirements applicable to rural residential (R-R) zoning districts as defined in General Plan Exhibit 2-2, and providing that any grading will not be detrimental to the views from the valley floor. (b) development below the 400-foot elevation consistent with all of the land use requirements applicable to R-1 zoning districts within the City limit/Urban Growth Boundary.

Policy LU 3-2 Hillside areas are generally outside of the proposed Urban Growth Boundary, and any development shall conform to the Urban Growth Boundary requirements. Development shall not be allowed on hillsides outside the UGB, except as provided in General Plan Policy LU 3-1. Development on hillside areas within the UGB shall be consistent with the Conservation, Design and Open Space Element, to eliminate or minimize visual, access and lighting impacts in hillside areas, particularly in the western hillsides.

Policy LU 3-3 Maintain the compact form and natural setting of Cloverdale by protecting hillsides, protecting land outside the Urban Growth Boundary from urban development, and protecting Prime Farmland, Unique Farmland, and Farmland of Statewide Importance from urban development, with conditions that allow for economic and rational infill growth.

UGB Amendment:

Option 3 discussed above, as directed by the Council at their September 13th meeting, inquiries about amending the UGB behind what is being requested by the Clearwater Ranch. A possible amendment could be to move the UGB line to match the “Planning Area” line, see Attachment 3 for map. This amendment would encompass the entire western hillside and areas to the south. Increasing the UGB by this scope would provide the city with land use authority and control over land use around the edges of town. 20 City Council/Successor Agency Agenda Item Summary
Meeting Date: October 25, 2023

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Additional Entitlements Required:

If the ballot initiative is approved by voters, the project would be required to complete the annexation process including approval of amendment of the General Plan Land Use Designations and prezoning. This involves several steps at the Planning Commission, City Council and Sonoma County LAFCO. Further, the project would require extension of public improvements to serve the site, i.e., water and wastewater, roads, and any other improvements. During this process, a CEQA analysis would also be completed, in conjunction with other city requirements including General Plan amendment, pre-zoning, annexation, use permits and improvement plans.

Options:

1. Provide direction to City staff; or

2. Refer this matter to the Planning & Sustainability Subcommittee for further review and discussion.

Subcommittee Recommendation:

The proposed amendment was reviewed by the Planning & Sustainability Subcommittee. The recommendation was to forward to Council for review direction.

Budget/Financial Impact:

The City of Cloverdale would incur expenses for the proposed placement of a ballot measure to seek voter approval to amend the UGB. The City Council provided direction to staff to seek a developer deposit from the requesting parties to cover the expense of the placement of a ballot measure before the voters. In addition, the Applicants would be required to enter into a reimbursement agreement to cover City expenses associated processing the requisite planning entitlements associated with the proposed amendment of the UGB and annexation of the subject properties affected by the proposed amendment.

Attachments:

1. Hillside Development Zoning Information

2. General Plan UGB Information

3. Proposed UGB Map

4. September 1, 2023 Agenda Report
21 ATTACHMENT 1
Zoning – Hillside Protection Section 18.09.040
A. Applicability and Definitions. Hillside policies apply to any properties with slopes greater than twenty percent on all or part of the site. Such a site is called a hillside site.

B. Regulations for Hillside Sites.

1. For any hillside sites outside the urban growth boundary (UGB), the UGB provisions shall apply.

2. For any hillside sites inside the UGB, the following standards apply:
a. Residential densities shall be based on net acres.
b. On hillside sites, any development, grading for roadways, and lighting, including building lighting, shall not be visible from the level areas of the city below the four-hundred-foot elevation. Any such development shall be screened by topographic features, setbacks from top of pad to the structure, or similar means. A sight line analysis may be required in order to show that the structure is not visible. c. Where a hillside site has land with slopes over twenty percent and slopes less than twenty percent, development should be placed on lands less than twenty percent if feasible. Development may be clustered to achieve general plan allowed densities on lands less than twenty percent slope. Remaining hillside areas (with slopes over twenty percent) shall be deemed undevelopable areas and made subject to easements or other legal guarantees that prohibit development of the hillsides and cannot be removed without city approval. Subject to applicable law, open space areas shall provide for trails as outlined in the parks and recreation element if feasible. d. All development applications for hillside sites shall submit a grading and erosion control plan which addresses prompt revegetation of disturbed areas, avoidance of grading activities during wet weather, avoidance of drainage corridors and riverbanks, and other erosion control measures sufficient in the sole discretion of the city engineer or other city manager designee to control erosion resulting from the proposed project.
e. All development applications for hillside sites shall submit a geotechnical investigation concerning areas with identified significant geologic hazards or areas where the city engineer determines such hazards may exist, including such hazards as potential liquefaction-related failures, slope stability and erosion hazards, existing or potential soil instability, or expansive soils. The report shall include an assessment of geologic and seismic hazards. The reviewing body may require preparation and implementation of a plan for implementing any or all recommendations contained in the report so as to eliminate or adequately mitigate the geologic and/or seismic hazards identified in the report. f. Recreation uses above the four-hundred-foot elevation may be allowed if lighting is not visible from the valley floor within the city limits below the four-hundred-foot elevation, and the access roads, trail systems, and supporting structures or facilities are generally not visible from areas of the city below the four-hundred-foot elevation.
22 g. Hillside conservation areas may be annexed if the annexation provides permanent hillside open space or recreation opportunities for the city.
h. Any roads serving hillside development shall follow natural contours, with minimum disruption to hills or forests, minimum or no curbside parking, and no lighting visible from the valley floor within the city limits. (Ord. 698-2015 § 3 (At. 1) (part), 2015)
23 ATTACHMENT 2
General Plan Policies Regarding the UGB and Western Hills Policy LU 3-1 Establish and maintain a 20-year Urban Growth Boundary to: restrict urban development outside the Urban Growth Boundary and specified exception areas; stipulate that City water and sewer service shall not be extended to development outside of the Urban Growth Boundary, except as specified in the this Policy LU 3-1 and permitted by law; manage growth in a manner that fosters and protects the small town character of Cloverdale while encouraging economic development appropriate to Cloverdale; and promote stability in long term planning for the City. The Urban Growth Boundary shall first be adopted by the City Council as an amendment to the General Plan, and then presented to the Cloverdale voters for adoption as a voterapproved General Plan amendment. Upon approval by the Cloverdale voters in a general election, the Urban Growth Boundary shall not be amended except by a vote of the people or as provided in this Policy LU 3-1.

In accordance with this Policy LU 3-1, an Urban Growth Boundary (“UGB”) is established in the City of Cloverdale as depicted in Exhibit 2.4 to the General Plan, as amended pursuant to Exhibit A attached to Resolution 031-2010 and incorporated herein by reference, subject to the following:

1. The UGB adopted in this Policy LU 3-1 and depicted in Exhibit A attached to Resolution 031-2010 shall not be amended prior to January 1, 2030, except as permitted in this Policy LU 3-1.

2. No urban development shall be located or services provided outside the UGB, except as otherwise provided in this Policy LU 3-1
A. For purposes of this Policy LU 3-1, urban development shall mean construction, alteration, or addition of any building or structure requiring one or more services.

B. For purposes of this Policy LU 3-1, services shall mean one or more basic municipal services including, but not limited to, water, sewer, or drainage services.

3. The prohibition against urban development and provision of services outside the UGB pursuant to provision 2 of this Policy LU 3-1 does not apply:

A. To industrial uses and utilities and improvements required for industrial uses in the Industrial Exception Area depicted in Exhibit 2-4 of the General Plan. For purposes of this Policy LU 3-1, industrial uses means uses allowed in the M-1 and M-P zoning districts in the Zoning Code of the City of Cloverdale, except that such permitted industrial uses outside the UGB exclude residential uses and retail uses other than sale of goods incidental to industrial uses.

B. To preservation of agricultural uses, winery-related uses, and improvements required for agricultural and/or winery related uses in the Asti Exception Area depicted in Exhibit 2-4 of the General Plan as further limited by this provision. For purposes of this Policy LU 3-1, winery-related uses in the Asti Exception Area that are exempt from the prohibition in provision 2 of this Policy are limited to maintenance of the historic Asti Winery and appropriate expansion of the winery for production and storage of wine and wine products; and maintenance and appropriate expansion of visitor uses consistent with those which have been historically held at Asti including wine tasting, wine sales, and wine-related events.
24 C. To acquisition or acceptance by the City of dedication of rights to water supply facilities and improvements or annexation of some or all of the land within the Rains Creek Water District, and in the event of such acquisition, acceptance or annexation, provision of services to the land and facilities so acquired or accepted, and to properties served by the Rains Creek Water District; except that, provision of services shall be limited to structures and uses in existence as of the date of said acquisition or acceptance by the City.

D.To provision of services to public park, recreation and open space uses consistent with the General Plan.

E. To provision of services to relocated Citrus Fair facilities.

F. To provision of services to or annexation of land outside and adjacent to the western City limit/Urban Growth Boundary, subject to the following:
i. Provision of services to or annexation of land outside and adjacent to the western City limit/Urban Growth Boundary shall be subject to discretionary approval by the City Council in consideration for permanent dedication of western hills open space in a form acceptable to the City Council. Dedication of western hills open space pursuant to this provision must be to an open space district, land trust, or the City and be pursuant to an agreement to which the City is a party that prohibits revocation of the dedication and that creates permanent access for public use in accordance with policies PR 1-4 and PR 15 of the General Plan. Open space dedicated pursuant to this provision is intended to serve as a buffer between urban land uses within the City limit/Urban Growth Boundary and rural and agricultural land uses outside the City limit/Urban Growth Boundary and as a permanent open space amenity for the entire community consistent with General Plan Goal LU-3 and Policies LU 3-2 and 3-3. Open space dedicated pursuant to this provision must provide for public access and the potential for trails as outlined in the Open Space Element of the General Plan. Open space dedicated pursuant to this provision must extend from the 400 or 550 foot elevation of the parcel to be annexed or receive services pursuant to this provision (whichever is applicable to the development proposed for annexation or to receive City services pursuant to paragraph a or b, below) to and include the highest elevation of the parcel or the ridgeline, whichever is highest. Such dedicated open space may, but need not, include land beyond the parcel ridgeline, provided that the dedicated land shall include sufficient lands beyond the ridgeline to assure that any development beyond the ridgeline will not be visible from the valley floor. Development on parcels on which open space is dedicated pursuant to this provision may not include structures, lighting or other features beyond the parcel ridgeline that are visible from the valley floor. For purposes of this provision, “ridgeline” means the highest points of the western hillside which are generally visible from the valley floor of the City. A line along the highest points of an individual parcel is not necessarily a ridgeline for purposes of this section. “Generally visible” means visible from multiple or several areas on the valley floor, rather than from a single isolated vantage point below the 400 foot elevation. “Valley floor” means gently sloping, level or nearly level areas within the City limits and below the 400 foot elevation. ii. Services may only be provided to land outside and adjacent to the western City limit/Urban Growth Boundary pursuant to this exception for the following land uses:
25 (a) residential development with a finished grade below the 550 foot elevation consistent with all of the land use requirements applicable to rural residential (R-R) zoning districts as defined in General Plan Exhibit 2-2, and providing that any grading will not be detrimental to the views from the valley floor. (b) development below the 400 foot elevation consistent with all of the land use requirements applicable to R-1 zoning districts within the City limit/Urban Growth Boundary. (c) provision of services to structures in existence as of November 2, 2010, provided that such structures or any related access ways, lighting or other features are not visible from the valley floor. iii. Provision of services to or annexation of land outside and adjacent to the western City limit/Urban Growth Boundary will be subject to an outside area services agreement or pre-annexation agreement or similar transaction meeting the requirements of this provision F and approved by the City Council and any other government agency with jurisdiction over such transaction.

G. Where application of this Policy LU 3-1 would constitute an uncompensated taking of private property pursuant to the United States and/or California constitutions, but only to the minimum extent necessary to avoid an unconstitutional taking of property. H. Where application of this Policy LU 3-1 would impermissibly conflict with a specific provision of State law regarding the provision of housing, including affordable housing, but only to the minimum extent necessary to comply with State housing law, and where it is not reasonably feasible to use existing residentially designated land within the UGB or Exception Areas or to re-designate land available within the UGB or Exception Areas to comply with State housing law. To the maximum feasible extent and subject to applicable law, proposed housing outside the UGB that meets the requirements of this paragraph must be located adjacent to existing developed lands and infrastructure.

27 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: Sept. 13, 2023
Agenda Section:

New Business
Staff Contact:

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

Agenda Item Title:

Clear Water Ranch Urban Growth Boundary Ballot Initiative discussion and direction.

Recommended Council Action(s):

Provide direction to staff regarding a potential ballot initiative to amend the Urban Growth Boundary (UGB) to include the Clearwater Ranch property and one additional parcel.

Background:

Representatives from the Clearwater Ranch have approached the city about a possible annexation of their property to accommodate future expansion (described below). Clearwater Ranch is a non-profit adult care facility established in 2018, located off Cherry Creek Road. The site is within the General Plan Study Area, but is outside the Urban Growth Boundary (UGB) approved by the voters in 2010 (Measure Q). Because Clearwater Ranch is in Sonoma County, city services are not available, leaving limited opportunities for expansion. However, City water and sewer service may not be provided to parcels outside of the UGB. For this reason, Clearwater Ranch is seeking to amend the UGB to include their property, and subsequently annex into the City. Properties requesting annexation must be within the UGB.

In addition to the Clearwater Ranch property, there is an adjacent parcel that would also need to be included in an expansion of the UGB and require annexation in order to avoid the creation of a county island. The Babu parcel comprises 15.42 acres and is situated between the city boundaries and the Clearwater Ranch parcel. Mr. Babu has indicated his desire to develop the parcel with a few houses, depending on lot lay out and topography. Generally, any development that might occur on the Babu property would take place along the eastern side of near the existing pond.

Clearwater Ranch:

The Clearwater Ranch is an 84-acre site that currently contains 5 large homes, 4 one-bedroom cabins (600 SF) a 3,500 SF community center, 4 auxiliary structures (laundry, rest rooms, office, storage) and a shallow swimming pool generally located on the western portion of the property, with a remainder left as open space.

Clearwater Ranch is seeking to expand as follows:

Future - Proposed Additional Housing/Construction
• Accessory dwelling unit (ADU) to house Community Manager • Multi Family Home (4-bedroom x 4-bedroom Duplex)
• Multi Family Home (4-bedroom x 4-bedroom Duplex)
• 4-bedroom home with addition of a JR. ADU (conversion of 2 staff rooms) • Duplex site for Multi Family Home (4-bedroom x 4-bedroom Duplex) to replace current manufactured rental home providing affordable housing for caregivers.

A total increase in bedrooms from 29 to 49 in 5 new structures. 28 City Council/Successor Agency Agenda Item Summary
Meeting Date: September 13, 2023

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Pre-zoning for both the Clearwater Ranch property and the Babu parcel would be determined as part of annexation proceedings. Annexation proceedings would only occur after the UGB is adjusted. The UGB was adopted by the voters, and requires approval from the voters to change prior to 2030. Approval from the Sonoma County Local Agency Formation Commission (LAFCo) is not necessary to change the UGB.

Annexation proceedings require LAFCo approval, but do no generally require voter approval.

Summary Analysis:

This section outlines some key points regarding a ballot initiative to amend the UGB, specifically a city sponsored ballot vs. an applicant sponsored ballot (requiring signatures). Staff is seeking direction from the Council on how to proceed with the ballot initiative.

City Sponsored Ballot Key Points:
• The city has more control over the ballot language, allowing more public input to address community and neighbor concerns.
• The ballot language can be amended up until close to election day, allowing for more time for public input.
• CEQA review required before Council can place measure on ballot, although it may be minimal depending on the scope of initiative.
• Similar cost to city sponsored ballot initiative (see Budget/Financial Impact below) Signature Ballot:
• Applicant required to gather signatures.
• Longer timeframe, with tighter timelines due to signature verification requirement. • Ballot initiative cannot be amended once signatures are gathered resulting in less flexibility. • CEQA is not required for placing measure on ballot, although subsequent actions, such pre-zoning and annexation would require CEQA review.
• Applicant controls the language and can define the scope of the project. Although staff believes the applicant would work with the city on the ballot language. • Similar cost to city sponsored ballot initiative (see Budget/Financial Impact below) Additional Entitlements Required:

If the ballot initiative is approved by voters, the project would be required to complete the annexation process. This involves several steps at the Planning Commission, City Council and Sonoma County LAFCO.

Further, the project would be required to complete improvements to service the site, i.e., water and wastewater, roads, and any other improvements. During this process, a CEQA analysis will be completed, in addition to other city requirements including General Plan amendment, pre-zoning, annexation, use permits and improvement plans.

Options for Council to Consider:

1. Advise applicant to pursue signature ballot initiative. This would require the drafting of the initiative and gathering of signatures.

2. Direct staff to begin process of preparing a city sponsored initiative. 29 City Council/Successor Agency Agenda Item Summary
Meeting Date: September 13, 2023

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3. The Council may consider the option of comprehensively reviewing and amending the city’s current UGB, rather than addressing the two parcels only. The current UGB was passed by the voters in 2010 with an expiration of 2030. It may be worth considering renewal and amending the entire UGB as part of this initiative. If successful, it would increase the City’s influence on land use decisions on the western slope of the valley. Potentially opening the city to additional open space on the western side of the valley. This could occur by allowing a small amount of development, in accordance with General Plan parameters, in exchange for dedication of open space.

Options:

1. Provide direction to City staff.

Subcommittee Recommendation: Bring to Council for direction.

Budget/Financial Impact:

The County Registrar of Voters will charge the city for the cost of conducting the November 8, 2024 election.

The cost for the proposed Urban Growth Boundary amendment measure is estimated to be approximately $9,201 - $15,000, depending on the number of registered voters. The City is ultimately responsible for that cost even if the measure qualifies for the ballot through the signature gathering process. The cost range of the general election not including the ballot measure is $12,268 - $36,805. The total estimated cost of holding the election for both the general election (2 council seats) and a special ballot measure may be as high as $52,140. The Draft FY 2023/24 budget will include a line-item expenditure to the General Fund to cover the General Municipal Election and any ballot measures. Staff recommends that the Council direct staff to enter a reimbursement with the applicant to cover costs related to the ballot measure, including preparation of materials, staff time, CEQA review, and the charge imposed by the Register of Voters to ensure adequate funding is available to cover election expenses.

Attachments:

1. Presentation from Clearwater Ranch

2. Letter from Chief Jekins
5479605.1
30 Urban Growth Boundary
Ballot Initiative
City Council
10/25/23
Urban Growth
Boundary
What is a UGB
A voter approved line around the
city that indicates the limits of City
growth.

Separates urban areas from the
surrounding natural and agricultural
lands.

Set to expire on January 1, 2030
31 CRC Babu
32 B A C K G R O U N D
Clearwater Ranch approached the
City regarding an amendment to the
UGB to accommodate modest
future growth.

September 13th Option

3. The Council may consider the option of comprehensively reviewing and amending the city’s current UGB, rather than addressing the two parcels only. The current UGB was passed by the voters in 2010 with an expiration of 2030. It may be worth considering renewal and amending the entire UGB as part of this initiative. If successful, it would increase the City’s influence on land use decisions on the western slope of the valley. Potentially opening the city to additional open space on the western side of the valley. This could occur by allowing a small amount of development, in accordance with the General Plan parameters, in exchange for dedication of open space.

Potential UGB / SOI
Match the Planning Study Area
Sphere of Influence
(SOI) also would need to be
amended prior to any annexations occurring
Sonoma County Local Agency Formation
Commission (LAFCO) Board approves SOI
amendments
33 / SOI
34 Potential General
Plan Land and
Zoning
• Any area brought into Cloverdale’s UGB through
a ballot initiative, would require a General Plan
land use designation.
35 Current Zoning
• RRD B8, RC50/50 Sonoma County
40 different land uses, ranging from agricultural to residential to recreational.

Examples include a wholesale nursery, golf course, bed and breakfast, music and dance studio, educational institution, large/small family day care centers.

Many of these uses would require water and sewer, which is likely not available.

Potential
General Plan
Land and
Zoning
The likely General Plan land use and
zoning designation would be likely be
Rural Residential (RR).

Generally, allows residential uses only.
36 Development Standards
RRD B8 RC 50/50
County of
Sonoma
RR
City of Cloverdale
Density
(maximum units per acre) 1-20 0.2
Minimum Lot Size 1-1.5 acres 30 acres
Minimum Lot Width 80’ 150’
Minimum Lot Depth n/a 100’
Front Setback (minimum) 20’ 35’
Side Setback 5’ 20’
Rear Setback 20’ 30’
Floor Area Ratio (maximum) n/a 0.4
Lot Coverage 35% n/a
Building Height
(maximum) 35’ 35’ or 2 stories,
whichever is less
Accessory Building Height 35’ 14’
Distance Between Buildings n/a 10’
37 Cost Estimate
• The cost for the proposed Urban Growth Boundary amendment measure is estimated to be approximately Cost between $9,201 and $15,000
• Municipal Service Review between $20,000 and $25,000 required to amend the SOI
$29,000- $40,000
38 Things to consider
• Does it make sense to amend the UGB beyond the original request from Clearwater Ranch?
• Does increasing the larger UGB amendment help or hurt the ballot initiative?
• Will LAFCO approve SOI amendment?
39 Direction
• Should staff continue, and return with ballot language • Should Clearwater Ranch proceed with their own ballot initiatives? 40 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.2
Meeting Date: October 25, 2023
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Agenda Item Title:

First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center Recommended Council Action(s):

Adopt a resolution entitled, “A resolution of the City Council of the City of Cloverdale approving the First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center.” Background:

On September 10, 2008, the City of Cloverdale Community Development Agency (CDA). which acted as the City’s former Redevelopment Agency, approved an Owner Participation and Loan Agreement authorizing a loan to Cloverdale Performing Arts Center (CPAC) in the amount One Million Eight Hundred Thousand Dollars ($1,800,000). As a condition of the Loan, CPAC was required to use the Loan as partial funding for acquisition and construction of a building for use as a performing arts center located at 209 N. Cloverdale Boulevard. As partial consideration for the Loan, CPAC agreed to allow the City to hold meetings at the Center up to fifty-two (52) times per year. At the time the Loan was given, the CDA and CPAC assumed no CPAC staff would be involved the City's use of the Center. After the City began using the Center in January 2011, it became apparent that CPAC staff would be needed to operate the Center's public announcement system and sound equipment. CPAC also informed the City that the City's use of the Center has cost CPAC more than anticipated in utilities and janitorial expenses, insurance, alarm, and replacement costs.

The City and CPAC entered into a Facility Use Agreement dated May 27, 2014, in order to provide CPAC with some compensation for the costs CPAC would incur for staffing (announcement system and sound equipment), utilities, janitorial services, insurance, alarm, and replacement costs required by the City’s use of the Center for its meetings. The Facility Use Agreement provided that the City would make an annual payment to CPAC in the amount of Seven Thousand Four Hundred Twenty-Five Dollars ($7,425.00) as compensation for CPAC’s cost for up to fifty-two (52) City meetings or events held at the Center per year. The Facility Use Agreement specifically provided this arrangement would remain in effect until terminated by the City.

Summary:

The CPAC, like most community theaters, was required to shutter during the COVID-19 emergency. As a result of the shutdown of the theater, the CPAC eliminated staffing responsible for providing audiovisual services to the City during Council meetings. Upon the subsequent reopening of community theaters, the CPAC Board began reprogramming the CPAC for community theater and plays. During the reprogramming process, the CPAC Board initiated a discussion with the City about updating the Facility Use Agreement to reflect the current costs of the CPAC providing the audio visual and meeting set-up services outlined in the original facility use agreement. 41 Mayor Lands and city staff held a series of meeting with the CPAC Board to review and discuss updates to the Facility Use Agreement that reflect the CPAC’s updated programming and management of the stage as well as their desire to assume management of the audio-visual equipment installed by the City and stage set up. A key discussion point during the negotiations was the adjustment of the original hourly use fee from $68.75 per hour to $120.00 per hour. The hourly fee is the basis for determining the annual facility use fee based on the estimated average time of meetings (3.0 hour) and number of meetings (36) per year. The negotiations led to the development of the draft First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center.

The First Amendment to the Facility Use Agreement with the CPAC accomplishes the following:

1. Increases the annual Facility Use Fee from Seven Thousand Four Hundred Twenty-Five Dollars ($7,425.00) to Twelve Thousand Nine Hundred Sixty Dollars ($12,960.00);

2. Decreases the number of annual meetings from 52 meetings a year to 36 meetings per year (24 City Council and 12 Planning Commission);

3. Incorporates updated language that authorizes annual rate increases based on the consumer Price Index (CPI), with a maximum increase of 5%;

4. Expands CPAC’s duty to setup necessary audio-visual equipment and operate the meeting so that it is broadcast appropriately; and

5. Requires CPAC to set up the City Council dais.

The CPAC Board desires to initiate the First Amendment to the Facility Use Agreement starting January 1, 2024. The timeframe corresponds to the planned retirement of the City’s existing Audi visual operator. During the intervening period, CPAC staff would engage in training with the City’s current AVservice provider on the use of the updated Audio-visual equipment (e.g., cameras and broadcast equipment) installed by the City.

Alternative Options:

1. Reject proposed resolution; or

2. Provide direction to staff
Subcommittee Recommendation:

The Finance Administration & Police Subcommittee reviewed the draft agreement at their October meeting and recommended approval by the City Council.

Budget/Financial Impact:

The annual cost of the Lease agreement would increase from Seven Thousand Four Hundred Twenty-Five Dollars ($7,425.00) to Twelve Thousand Nine Hundred Sixty Dollars ($12,960.00). The increase in the annual lease cost would be offset by a reduction in city staff time associated with the setup of the CPAC for City meetings as well as a reduction of costs associated with no longer utilizing an outside consultant to provide A-V service during Council meetings.

Attachments:

1. Original Facility Use Agreement

2. Updated CPAC Service Fee Calculation

3. Resolution

4. Exhibit A - Amendment No. 1 to the Facility Use Agreement

FACILITY USE AGREEMENT BETWEEN THE CITY OF CLOVERDALE AND THE

CLOVERDALE PERFORMING ARTS CENTER FOR USE OF THE PERFORMING

ARTS CENTER BUILDING FOR CITY MEETINGS AND EVENTS
This Facility Use Agreement (this "Agreement") is made and entered into thi day of , 2014 ("Effective Date") by and between the City of Cloverdale, a California municip corporation (the "City"), and Cloverdale Performing Arts Center, Inc., a not for profit organization ("CPAC"), (collectively referred to as "Party" or "Parties").

RECITALS
A. On September 10, 2008, by Resolution No. CD 20A-2008, the City of Cloverdale Community Development Agency (the "CDA"), whose rights, privileges, and responsibilities have been assumed by the Successor Agency to the Cloverdale Community Development Agency (the "Successor Agency"), approved an Owner Participation and Loan Agreement authorizing the CDA to loan CPAC One Million Eight Hundred Thousand Dollars ($1,800,000) ("Loan").

B. CPAC was required to use the Loan as partial funding for acquisition and construction of a building for use as a performing arts center located at 209 N. Cloverdale Boulevard, Cloverdale, California ("Center").

C. In consideration for Loan by the CDA, CPAC agreed to allow the City to hold meetings at the Center up to fifty-two (52) times per year (Section 3.2 of the Owner Participation and Loan Agreement). At the time the Loan was given, the CDA and CPAC assumed no CPAC staff would be in the City's use of the Center.

D. The City began using the Center in January 2011, and it became apparent that CPAC staff would be needed to operate the Center's public announcement system and sound equipment.

CPAC also informed the City that the City's use of the Center has cost CPAC more than anticipated in utilities and janitorial expenses, insurance, alarm, and replacement costs.

E. CPAC staff has calculated the annual costs for the years 2011 through 2013, and for the anticipated costs for the City to hold thirty-six (36) meetings at the Center during 2014 and future years. These costs are detailed in Exhibit A, attached hereto and incorporated herein by this reference. CPAC realizes that the City would still be allowed to use the Center up to fifty-two (52) times, however, used thirty-six (36) meetings in their calculations to try to provide as much benefit to the City as possible.

F. The City and CPAC enter into this Agreement to provide reimbursement for the staffing costs, utilities, janitorial services, insurance, alarm, and replacement costs incurred by CPAC in the years 2011, 2012, and 2013. This Agreement shall provide terms for the City's use of the Center and compensation for anticipated costs CPAC will incur for staffing (announcement system and sound equipment), utilities, janitorial services, insurance, alarm, and replacement costs required by the City's use of the Center for its meetings in the current and subsequent years.

AGREEMENT

1. PURPOSE.

The purpose of this Agreement is to set forth terms for the use of the Center by the City. This Agreement will require the City to compensate CPAC for the City's use of the Center, including CPAC's costs for utilities, janitorial services and for providing the staff necessary to operate the Center's public announcement system and sound equipment when the City holds meetings or events at the Center.

2. TERM.

The term of this Agreement (the "Term") shall commence on the Effective Date first listed above and continue until terminated by either Party under Section 6 of this Agreement.

3. THE CITY'S OBLIGATIONS.

3.1 Payment of Fees for 2011-2013.

Within sixty (60) days after this Agreement is fully executed by the Parties, the City shall provide payment to CPAC in the amount of Fourteen Thousand One Hundred Seventy-Five Dollars ($14,175.00) as reimbursement for staffing costs (including staff necessary to operate the Center's public announcement system and sound equipment), utilities, and janitorial services incurred by CPAC because of the City's use of the Center for meetings held between January 1, 2011 through December 31, 2013. The payment under this Section shall satisfy all obligations and/or payments owned to CPAC by the City or the Successor Agency for the use of the Center for January 1, 2011 through December 31, 2013.

3.2 Payment of Fees for 2014 and Subsequent Years.

3.2.1 2014.

Within sixty (60) days after this Agreement is fully executed by the Parties, the City shall provide payment to CPAC in the amount of Seven Thousand Four Hundred Twenty-Five Dollars ($7,425.00) as payment for staffing costs (including staff necessary to operate the Center's public announcement system and sound equipment), utilities, and janitorial services for the City's use of the Center for up to fifty-two (52) meetings or events to be held at the Center between January 1, 2014 and December 31, 2014. The payment under this Section shall satisfy all obligations and/or payments owed to CPAC by the City or the Successor Agency for the use of the Center for January 1, 2014 through December 31, 2014.

3.2.2 2015 and Subsequent Years.

Beginning in the year 2015 and for every subsequent year that this Agreement is in effect, on or before January 15th of the year, the City shall provide payment to CPAC in the amount of Seven Thousand Four Hundred Twenty-Five Dollars ($7,425.00) as payment for staffing costs (including staff necessary to operate the Center's public announcement system and sound equipment), utilities, and janitorial services for the City's use of the Center for up to fifty-two 2 (52) meetings or events held at the Center during that calendar year. The payment under this Section shall satisfy all obligations and/or payments owed to CPAC by the City or the Successor Agency for the use of the Center for the calendar year the payment was made for.

3.3 Schedule of Events by the City.

Other than all regularly scheduled meetings of the City Council, Planning Commission, Successor Agency, and the Oversight Board to the Successor Agency, the City shall provide as much notice of any meeting or event as possible.

4. CPAC'S OBLIGATIONS.

4.1 Technician for Operation of Public Address System.

CPAC shall provide a qualified technician to operate the Center's public address system and related sound equipment for each meeting the City holds at the Center. The technician should arrive before the meeting with enough time to ensure the public address system is ready to use at the start of the meeting, shall remain during the meeting to operate the system, and shall remain after the close of the meeting for such time as is required to turn off the system.

4.2 Utilities.

CPAC shall ensure that the Center is adequately supplied with all necessary utilities for the City to hold its meetings at the Center. Utilities shall include gas and electric services to power the heating and cooling systems and to provide power for interior and exterior lighting and water, garbage, and sewer services to ensure proper functioning of restroom, kitchen, and water fountain facilities.

4.3 Janitorial Services.

CPAC shall employ janitorial services as necessary to clean the Center after the City meetings are held at the Center. CPAC shall ensure the Center is provided to the City in a clean condition for the times when the City will be holding meetings at the Center.

4.4 Other Costs.

CPAC shall also maintain insurance coverage as required by Section 6 of this Agreement.

The City's fees calculated under this Agreement also include fees for replacement costs and alarm services.

5. AVAILABILITY OF CENTER.

CPAC shall make the Center available for all regularly scheduled meetings of the City Council, Planning Commission, Successor Agency, and Oversight Board to the Successor Agency. The City and CPAC will work together to schedule the use of the Center for other meetings and events.
3 6. TERMINATION.

The City may terminate this Agreement upon thirty (30) days' notice to CPAC. If the City elects to terminate this Agreement and the City owes fees to CPAC under the terms of this Agreement, the City shall pay to CPAC the total outstanding charges within sixty (60) days of the termination date. If the City terminates this Agreement before the end of any calendar year that the City has already paid CPAC for the use of the Center, CPAC shall reimburse the prorated amount to the City within sixty (60) days of the termination date. Proration under this Agreement shall be determined by dividing the yearly amount paid under Section 3 of this Agreement.

CPAC shall not terminate this Agreement without prior consent of the City Council.

7. INSURANCE AND INDEMNIFICATION.

7.1 Insurance Requirements.

At all times during the term of this Agreement, CPAC shall maintain general liability insurance in the amount of $1.0 million per occurrence with an aggregate of $2.0 million covering any incident or claim that may arise from the City's use of the Center. CPAC shall add the City as an additional insured party to the insurance and shall provide proof of insurance to the City within sixty (60) days of the Effective Date of this Agreement.

7.2 Indemnification.

7.2.1 The City's Obligation to Indemnify CPAC.

To the fullest extent allowed by law, the City shall indemnify, defend (with counsel reasonably acceptable to the CPAC) and hold harmless CPAC and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, by the willful misconduct or negligent acts or omissions of the City or its employees, subcontractors, or agents. The foregoing obligation of the City shall not apply when the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the CPAC. This indemnification and hold harmless clause, in its entirety, shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply and shall survive the termination of this Agreement.

7.2.2 CPAC's Obligation to Indemnify the City.

To the fullest extent allowed by law, CPAC shall indemnify, defend (with counsel reasonably acceptable to the City) and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CPAC or its employees, subcontractors, or agents. The foregoing obligation of CPAC shall not apply when the injury, 4 loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City. This indemnification and hold harmless clause, in its entirety, shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply and shall survive the termination of this Agreement.

8. MISCELLANEOUS PROVISIONS.

8.1 Unenforceable Provisions.

In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. One or more waivers by either Party of any provisions, term, condition, or covenant shall not be construed by the other Party as a waiver of a subsequent breach of the same by the other Party.

8.2 Entire Agreement.

This Agreement constitutes the entire agreement between the Parties and there are no conditions, agreements or representations between the Parties except as expressed in said document. It is not the intent of the Parties to this Agreement to form a partnership or joint venture.

8.3 Attachments.

Where the terms and conditions of this Agreement and any attachments or exhibits hereto conflict, the Parties expressly agree that the terms and conditions of this Agreement shall prevail and preside.

8.4 Notices.

Any notices herein provided to be given, or which may be given by either Party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid, and addressed as follows:

To CPAC: To the City:

P.O. Box 3 124 N. Cloverdale Boulevard
Cloverdale, CA 95425 Cloverdale, California 95425
Fax: (707) 894-3451
The address to which notices shall or may be mailed as aforesaid by either Party, shall or may be changed by written notice given by such party to the other as hereinbefore provided, but nothing herein contained shall preclude the giving of any notice by personal service.

8.5 Modification and Amendment.

Notwithstanding any of the provisions of this Agreement, the City and CPAC may hereafter, by mutual consent, agree in writing to any lawful modification, addition or deletion of the terms and conditions of this Agreement.
5 IAA 1 .41.rdLeb..
an ity Mager, Pa ayler
512-11244 Dat
Attest:

Myra o, City Cler
Approved as to Form:
6 8.6 Terms Binding on Successors.

All terms, covenants, and conditions of this Agreement shall inure to benefit of and be binding upon the successor and assigns of the parties hereto. The provisions of this paragraph shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth.

8.7 MEDIATION AND ATTORNEYS' FEES.

Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced until the matter has been submitted to mutually agreed to mediation professionals. The Parties agree they will participate in mediation in good faith, and that they will share equally the mediation costs. The provisions of this paragraph may be enforced by any Court of competent jurisdiction. If mediation is unsuccessful, and a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to reasonable attorneys' fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. of Clover
Jose Sanchez, City Attorney
Exhibit A: Description of Annual Fee.

Center for the Performing Arts, Inc.
hi - 7 7, - 2 0
Date
$43.75
x 3 hours
$131.25
x 3 meeting
$393.75
x 12 months
$4,725
x 3 years
$14,175
$68.75
x 3 hours
$206.25
x 3 meeting
$618.75
x 12 months
$7,425

EXHIBIT A
Description of Annual Fees
Cost Per Hour
Exterior Lights 0.16
Interior Lights 4.83 (no theatrical lights)
Water, garbage and sewer 2.00
Gas 3.00
Insurance 1.65
Cleaning 20.00
Replacement 5.01
Alarm 7.10
Cost per hour without Sound Tech $43.75 per hour
Sound Tech per hour $25.00
Cost per hour with Sound Tech $68.75 per hour
Average number of meeting per month = 3
Average meeting time = 3 hours
Payment of Fees for 2011-2013
Cost per hour without Sound Tech
Average meeting time
Average number of meetings per month
Months per year
Annual Amount with Sound Tech January
2011 thru December 2013 Amount Due
Payment of Fees for 2014 and Subsequent Years
Cost per hour with Sound Tech
Average meeting time
Average number of meetings per month
Months per year
Annual Amount with Sound Tech
2262826.4
49 CPAC Description of Fees
2014 COST PER HOUR CURRENT COST NEW COST PER HOUR

43.75 FACILITY USE 26% INFLATION RATE FROM 2014 = 11.38 $55.00

20.00 TECH 40.00 $40.00
0 SET UP ONE PERSON @ 25.00 $25.00
$120.00
X 3 HOURS 3
PER MEETING COST $360.00
3 MEETINGS PER MONTH X 12 MONTHS $12,960.00
EACH ADDED MEETING AFTER 36 = 360.00 PER MEETING: 3 HOUR MINIMUM 50 CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ___-2023

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

TO THE FACILITY USE AGREEMENT WITH THE CLOVERDALE PERFORMING ARTS CENTER WHEREAS, on September 10, 2008, by Resolution No. CD 20A-2008, the former City of Cloverdale Community Development Agency (the “CDA”), approved an Owner Participation and Loan Agreement authorizing the CDA to loan the Cloverdale Performing Arts Center (the “CPAC”) One Million Eight Hundred Thousand Dollars ($1,800,000) (“Loan”); and
WHEREAS, the CPAC was required to use the Loan as partial funding for acquisition and construction of a building for use as a performing arts center located at 209 N. Cloverdale Boulevard, Cloverdale, California (“Center”); and
WHEREAS, in consideration for Loan by the CDA, CPAC agreed to allow the City to hold meetings at the Center up to fifty-two (52) times per year (Section 3.2 of the Owner Participation and Loan Agreement), and at the time the Loan was given, the CDA and CPAC assumed no CPAC staff would be in the City’s use of the Center; and
WHEREAS, the City began using the Center in January 2011, and it became apparent that CPAC staff would be needed to operate the Center’s public announcement system and sound equipment, and the CPAC also informed the City that the City’s use of the Center has cost CPAC more than anticipated in utilities and janitorial expenses, insurance, alarm, and replacement costs; and WHEREAS, the CPAC staff has calculated the original annual costs for the years 2011 through 2013, and for the anticipated costs for the City to hold thirty-six (36) meetings at the Center during 2014 and future years; and
WHEREAS, the City Council of the City of Cloverdale reviewed the matter of Center expenses at its Council meeting of March 12, 2014, and directed City staff to prepare an agreement to provide reimbursement for the staffing costs, utilities, janitorial services, insurance, alarm, and replacement costs incurred by CPAC in the years 2011, 2012, and 2013, and include terms and provisions for the City’s use of the Center, and compensation for anticipated costs that the CPAC will incur for staffing (announcement system and sound equipment), utilities, janitorial services, insurance, alarm, and replacement costs required by the City’s use of the Center for its meetings in the current and subsequent years; and WHEREAS, on the 14th day of May 2014, the City Council adopted Resolution No. 022-2014 approving an agreement between the City of Cloverdale and the Cloverdale Performing Arts Center for the reimbursement of expenses related to the City’s use of the Cloverdale Performing Arts Center; and WHEREAS, the CPAC, like most community theaters, was required to shutter during the COVID-19 emergency in March 2020; and
WHEREAS, as a result of the shutdown of the theater, the CPAC eliminated staffing responsible for providing audio-visual services to the City during Council meetings and upon the subsequent reopening of community theaters, the CPAC Board began reprogramming the CPAC for community theater and plays; and

Page 1 of 2 ends

51 WHEREAS, during the reprogramming process, the CPAC Board initiated a discussion with the City about updating the Facility Use Agreement to reflect the current costs of the CPAC providing the audio visual and meeting set-up services outlined in the original facility use agreement.

WHEREAS, the negotiations between the City and the CPAC led to the development of the draft First Amendment to the Facility Use Agreement with the Cloverdale Performing Arts Center.

WHEREAS, the First Amendment to the Facility Use Agreement with the CPAC accomplishes the following:

1. Increases the annual Facility Use Fee from Seven Thousand Four Hundred Twenty-Five Dollars ($7,425.00) to Twelve Thousand Nine Hundred Sixty Dollars ($12,960.00);

2. Decreases the number of annual meetings from 52 meetings a year to 36 meetings per year (24 City Council and 12 Planning Commission);

3. Incorporates updated language that authorizes annual rate increases based on the consumer Price Index (CPI), with a maximum increase of 5%;

4. Expands CPAC’s duty to setup necessary audio-visual equipment and operate the meeting so that it is broadcast appropriately; and

5. Requires CPAC to set up the City Council dais.

WHEREAS, the CPAC Board desires to initiate the First Amendment to the Facility Use Agreement starting January 1, 2024.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Cloverdale approves the First Amendment to the Facility Use agreement between the City of Cloverdale and the Cloverdale Performing Arts Center for the reimbursement of expenses related to the City’s use of the Cloverdale Performing Arts Center, and authorizes the City Manager to execute said agreement in a final form approved by the City Attorney.

It is hereby certified that 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 25th day of October, 2023, by the following voice vote:

AYES :

NOES:

ABSENT:

ABSTAIN:

Approved: Attested:

Todd Lands, Mayor Mike Maloney, City Clerk
Attachment:

Exhibit A – First Amendment to the Lease Agreement between the City of Cloverdale and the Cloverdale Performing Arts Center

Page 2 of 2 ends

52 FIRST AMENDMENT TO FACILITY USE AGREEMENT BETWEEN THE

CITY OF CLOVERDALE AND THE CLOVERDALE PERFORMING ARTS CENTER

FOR USE OF THE PERFORMING ARTS CENTER BUILDING

FOR CITY MEETINGS AND EVENTS
This First Amendment to the Facility Use Agreement (the “First Amendment”) is entered into as of__________(“Effective Date”), by and between the City of Cloverdale, a California municipal corporation (the “City”), and Cloverdale Performing Arts Center, Inc., California nonprofit corporation (“CPAC”), (each individual a “Party” or collectively the “Parties”).

RECITALS
A. On September 10, 2008, the City of Cloverdale Community Development Agency (the “CDA”) approved an Owner Participation and Loan Agreement (the “Loan Agreement”) authorizing a loan to CPAC in the amount One Million Eight Hundred Thousand Dollars ($1,800,000) (the "Loan").

B. As a condition of the Loan, CPAC was required to use the Loan as partial funding for acquisition and construction of a building for use as a performing arts center located at 209 N. Cloverdale Boulevard, Cloverdale, California (the "Center").

C. As partial consideration for the Loan, CPAC agreed to allow the City to hold meetings at the Center up to fifty-two (52) times per year. At the time the Loan was given, the CDA and CPAC assumed no CPAC staff would be involved the City's use of the Center.

D. After the City began using the Center in January 2011, it became apparent that CPAC staff would be needed to operate the Center's public announcement system and sound equipment.

CPAC also informed the City that the City's use of the Center has cost CPAC more than anticipated in utilities and janitorial expenses, insurance, alarm, and replacement costs.

E. The City and CPAC entered into that certain Facility Use Agreement dated May 27, 2014 (the “Facility Use Agreement”) in order to provide CPAC with some compensation for the costs CPAC would incur for staffing (announcement system and sound equipment), utilities, janitorial services, insurance, alarm, and replacement costs required by the City’s use of the Center for its meetings.

F. The Facility Use Agreement provided that the City would provide an annual payment to CPAC in the amount of Twelve Thousand Nine Hundred Sixty Dollars ($12,960.00) as compensation for CPAC’s cost for up to thirty-six (36) City meetings or events held at the Center per year. There Facility Use Agreement specifically provided this arrangement would remain in effect until terminated by the City.

G. The Parties greatly appreciate and acknowledge that the CPAC may not have been improved without the financial support from City-related entities. Due to the Loan, the Center now exists and serves as a wonderful central hub for community programming. This includes hosting City meetings, where members of the public can actively participate in their local government, making it a valuable asset for everyone involved. 53 H. Because of the City’s financial support and the purpose of the Loan, the terms of the Facility Use Agreement were not intended to fully compensate CPAC for the entirety of the expenses it incurred due to the City’s use of the facilities.

I. Through multiple years of experience, the Parties have developed a better understanding of the services that CPAC must provide in order to enable public participation in the City’s meetings at the Center, as intended by the Loan and Facility Use Agreement.

J. The Parties desire to amend the Facility Use Agreement to adjust the amount of the annual payment made by the City to CPAC to account for inflation, as well as further clarify the responsibilities of CPAC in hosting City meetings in a manner that enables participation by the public.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and in the Facility Use Agreement, and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

I. RECITALS.

The above recitals are true and correct, and incorporated herein by reference.

II. PAYMENT BY CITY.

Section 3.2.3 is hereby added to the Facility Use Agreement to read as follows:
“3.2.3 2024 and all Subsequent Years.

Beginning in the year 2024 and for every subsequent year that this Agreement is in effect, on or before January 15th of the year, the City shall provide payment to CPAC in the amount of Twelve Thousand Nine Hundred Sixty Dollars ($12,960.00) as payment for staffing costs (including staff necessary to operate the Communications Equipment, as that term is defined herein), utilities, and janitorial services for the City’s use of the Center for up to thirty-six (36) meetings or events held at the Center during that calendar year. The City’s annual payment to CPAC shall increase each year by the same percentage as the percentage change in the Consumer Price Index All Urban Consumers (CPI-U) San Francisco Area, as measured December to December, but in no case greater than five percent (5%), rounded down to the near whole dollar. The payment under this Section shall be instead of the payment identified in Section 3.2.2, and shall satisfy all obligations and/or payments owed to CPAC by the City or the Successor Agency for the use of the Center for the calendar year.” III. OPERATION OF AUDIO/VISUAL EQUIPMENT
Section 4.1 of the Facility Use Agreement is hereby amended in its entirety to read as follows:
“4.1 Operation of Communications Equipment
CPAC shall provide a qualified technician to set up and operate the audio/visual equipment necessary for each meeting the City holds at the Center (collectively the “Communications Equipment”). The City shall have the right to install and store the Communications 54 Equipment at the Center. The Communications Equipment shall consist of the following:
i) The Center’s public address system and related sound equipment, including handheld wireless microphones;
ii) At least three primary cameras for recording and streaming the City’s meeting.

The primary cameras shall be cameras capable of panning, tilting, and zooming (commonly known as PTZ Cameras);
iii) A stand-alone backup camera (such as a camcorder) to capture a backup recording of the City’s meeting in the event of a malfunction in the primary cameras; iv) Computers located in the Center’s sound booth that are used to facilitate, capture, and control the recording of the City’s meetings; and
v) Such other equipment and facilities as the City acquires (at its own costs) and reasonably determines is necessary or appropriate for use during City meetings in order to record the meetings and facilitate public participation.

The technician should arrive before the meeting with enough time to ensure the Communications Equipment is ready to use at the start of the meeting, shall remain during the meeting to operate the Communications Equipment, and shall remain after the close of the meeting for such time as is required to turn off the Communications. Operation of the Communications Equipment shall consist of:
i) Using OBS Studio software to control the livestream of the meeting, including managing the three primary cameras to capture meeting participants, and simultaneously recording the meeting on the OBS computer; ii) Ensuring that the meetings are simultaneously broadcast, with audio input, through both a YouTube livestream from the City of Cloverdale YouTube Channel and Zoom, including inserting appropriate opening title and recess graphics; iii) Inserting the video and audio of individuals participating in the City meeting via Zoom into the Center and simultaneously into the YouTube livestream; iv) Preparing, editing if needed, and transcoding completed City Council Meeting videos to standard definition letterboxed mp4 format and uploading to Healdsburg Public Access for airing over regular TV broadcast;
v) Archiving video recordings of all completed City meeting onto City owned media; and
vi) Updating operating software of the Communications Equipment as appropriate from time to time.

The City and CPAC acknowledge and agree that the specific Communications Equipment necessary for City meetings, and the requirements to operate the Communications Equipment, will likely change over time as new technology develops, and the requirements and best practices for broadcasting public meetings evolves. The Parties agree to meet and discuss necessary changes to this Section from time to time. Any changes to this section may be authorized by the written consent of the City Manager and a member of CPAC’s Board of Directors, without a need to amend this Agreement.

The City has obtained, at its sole cost, internet service to serve the Center. As a courtesy, the City will allow CPAC to use such internet for any purpose related to its operations, subject to any restrictions in state and federal law. Notwithstanding the foregoing, the City maintains the discretion to terminate the internet service at any time if no longer needed for the City’s 55 purposes. If internet service is terminated by the City, CPAC may obtain internet service at its own cost. The City will have no right to use the internet service obtained by CPAC without CPAC’s prior consent.”
IV. SET UP OF DAIS
Section 4.5 is hereby added to the Facility Use Agreement to read as follows:
“4.5 SET UP OF DAIS
CPAC shall provide a qualified individual to set up the dais (on the stage of the Center) for each meeting the City holds at the Center. The technician should arrive before the meeting with enough time to set up the dais at least fifteen (15) minutes before the start of the City’s meeting, and shall clear the dais after City’s meeting has ended. Set up of the dais shall consist of: i) arranging tables and chairs in the configuration requested by the City Clerk, ii) placing microphones, name tags, and other required equipment at each chair, iii) setting up the necessary television or computer display screens, and iv) any other tasks reasonably requested by the City Clerk.”
V. EFFECT OF FIRST AMENDMENT
Except as explicitly set forth in this First Amendment, all other terms and conditions of the Facility Use Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the date first written above.

City of Cloverdale Center for the Performing Arts, Inc.

David Kelley, City Manager President
Date Date
Attest:

Michael Maloney, City Clerk
Approved as to Form:

Jose Sanchez, City Attorney
5432425.1

Cloverdale City CouncilOctober 25, 2023

Cloverdale City Council
October 25, 2023