Minutes — Cloverdale City Council, April 10, 2024

City Council Meeting Minutes - April 10, 2024 - Page 1 of 6 124 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, APRIL 10, 2024

CLOSED SESSION
124 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
4:30 PM

1. OPENING CLOSED SESSION

1.A Call to Order
Mayor Lands called the meeting to order at 4:30 p.m.

1.B Roll Call

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

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):

Mayor Lands recessed to Closed Session at 4:31 p.m.

3.A CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Labor Negotiator: City Manager Kelley and Consultant Patrick Clark Cloverdale Employee Groups: Cloverdale Classified Association, Cloverdale Police Officers' Association, Cloverdale Dispatchers' Association, and all Unrepresented Employees (Unaffiliated Employees and Executive Management Staff).

Item was received and filed.

Mayor Lands adjourned Closed Session at 5:53 p.m.

City Council Meeting Minutes - April 10, 2024 - Page 2 of 6

OPEN SESSION
209 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
6:00 PM
A. OPENING PUBLIC SESSION
Council Chamber (CPAC) experienced technical difficulties delaying Open Session.

A.1 Call to Order
Mayor Lands called the meeting to order at 6:12 p.m.

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

A.3 Roll Call

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

Absent: None.

A.4 Report Out on Closed Session
None.

A.5 Conflict of Interest Declaration
None.

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

B. PUBLIC COMMENTS
Barbara LeBanc spoke regarding the Recreation Vehicle Ordinance.

Diane Bartleson spoke regarding the Recreation Vehicle Ordinance.

C. COMMUNICATIONS
C.1 RV Code Letter - Barbara LeBlanc
City Manager Kelley responded to Councilmember inquiries and provided Staff’s recommendation for the item to be seen by the Planning and Sustainability Subcommittee.

D. STUDENT LIAISON REPORT
None.

E. PROCLAMATIONS
E.1 National Public Safety Telecommunicators Week
Vice Mayor Wheeler read the proclamation.

Recipients: City of Cloverdale Police Department Dispatchers City Council Meeting Minutes - April 10, 2024 - Page 3 of 6 E.2 Week of the Young Child
Councilmember Morgenstern read the proclamation.

Recipients: None.

F. PRESENTATIONS
None.

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

The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (0)
G.1 March 27, 2024 Draft Minutes
Action: Approved as submitted.

G.2 Second Reading by Title Only of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to effectuate Implementation Program IP-2.3.3 of the 2023-2031 Housing Element
Action: Ordinance Approved.

ORDINANCE NO. 754-2024 ENTITLED: ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION 18.03.150, CHAPTER 18.09, SECTION 18.09.180, SECTION 18.11.020, SECTION

18.13.060, SECTION 18.14.030, CHAPTER 17.04, SECTION 17.48.050, TABLE 18.04.040-A, TABLE 18.04.050-A, TABLE 18.05.030-A AND TABLE 18.11.050-A AND REMOVING SECTION

18.02.100 AND CHAPTER 15.34 FROM THE CLOVERDALE MUNICIPAL CODE H. PUBLIC HEARINGS
H.1 Issuance of Tax-Exempt Bonds by California Municipal Finance Authority for the Alexander Valley Apartments Affordable Housing Project
Assistant City Manager / Community Development Director Thompson introduced the item and Cal Municipal Finance Authority Representative Stubbs was available for questions.

Mayor Lands opened the Public Hearing at 6:34 p.m.

Daniel Frankston spoke in support of the project.

Omar Lopez spoke on behalf of Generation Housing in support of the project.

Molly Fisher spoke in support of the project.

City Council Meeting Minutes - April 10, 2024 - Page 4 of 6 Angela Cordova spoke in opposition to the project.

Jennifer spoke in support of the project but voiced concerns.

Reece Foxen spoke in support of the project.

Vick Iyudo spoke regarding the project.

Gusman spoke in support of the project.

David Holt spoke in support of the project.

Mayor Lands closed the Public Hearing at 6:55 p.m.

Council discussed the item and City Attorney Mog clarified the Cities obligations.

Mayor Lands provided comments regarding a previous item related recusal.

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

RESOLUTION NO. 015-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND

EQUIPPING OF ALEXANDER VALLEY APARTMENTS AND CERTAIN OTHER MATTERS RELATING

THERETO
The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (0)
I. NEW BUSINESS
I.1 Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks City Manager Kelley introduced the item and City Attorney Mog presented.

City Manager Kelley provided reference information and the Council discussed the item.

Public Comments:

David Frankston spoke regarding the item.

Marta Cruz spoke spoke regarding the item.

Sal Olondonya spoke regarding the item.

City Council Meeting Minutes - April 10, 2024 - Page 5 of 6 Rick Thomas spoke regarding the item.

Reece Foxen spoke regarding the item.

City Attorney Mog responded to Councilmember Wolter’s inquiry.

Jossina Rodriguez spoke regarding the item.

Scotty Sanchez spoke regarding the item.

Steve Christensen spoke regarding the item.

Omar Lopez spoke regarding the item.

Vince Shwabb spoke regarding the item.

Council provided comments and Staff responded to Councilmember inquiries.

City Attorney Mog provided clarification and the Council continued to discuss.

Council made significant amendments to the proposed Ordinance, initiating the necessity for the Ordinance to be re-introduced to Council at a future date for the first reading and consideration.

I.2 City of Cloverdale Audited Financial Statements FY 2022/23 City Manager Kelley introduced the item and Finance Director Holmes reported.

A motion was made by Councilmember Bagby, seconded by Vice Mayor Wheeler, to accept the FY 2022/23 City of Cloverdale Audited Financial Statements.

The motion carried by the following vote:

Yes: (5) Mayor Lands, Vice Mayor Wheeler, Councilmembers: Bagby, Morgenstern, Wolter No: (0)
Abstain: (0)

Absent: (0)
I.3 Discussion and Consideration of the City of Cloverdale Draft Budget Goal Statements for Fiscal Year 2024-2026
City Manager Kelley presented and responded to Councilmember inquiries and comments.

Councilmember Morgenstern requested Council Compensation be added to the upcoming budget discretionary list.

J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

City Council Meeting Minutes - April 10, 2024 - Page 6 of 6 Finance, Administration & Police: Chair Lands and Vice Chair Wolter Last Meeting Agenda | Next Meeting - May 6, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - June 10, 2024
Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - April 15, 2024
Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - April 16, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - April 23, 2024
K. COUNCILMEMBER REPORTS
None.

K.1 Written Report(s):

Councilmember Bagby.

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Support for Sonoma County Transit Low-No Grant
City Manager Kelley reported.

M. CITY MANAGER/CITY ATTORNEY REPORTS
City Manager Kelley reported and responded to Councilmember inquiries.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 8:49 p.m. to the next regular meeting of the Cloverdale City Council scheduled for April 24, 2024.

APPROVED ON: April 24, 2024
_____________________
Mike Maloney, City Clerk
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Phone: 707-894-2521
www.cloverdale.net
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.

CLOVERDALE, CA, 95425
4:30 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):

AGENDA

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

DEVELOPMENT SUCCESSOR AGENCY BOARD OF DIRECTORS
WEDNESDAY, APRIL 10, 2024
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
1 OPEN SESSION
209 N. CLOVERDALE BLVD.

CLOVERDALE, CA, 95425
6:00 PM
A. OPENING PUBLIC SESSION
A.1 Call to Order
A.2 Pledge of Allegiance
A.3 Roll Call
A.4 Report Out on Closed Session
A.5 Conflict of Interest Declaration
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 at this time.

C. COMMUNICATIONS
Public written communications sent to Council since the last meeting may be discussed at this time.

C.1 RV Code Letter - Barbara LeBlanc
D. STUDENT LIAISON REPORT
D.1 Written Report
E. PROCLAMATIONS
E.1 National Public Safety Telecommunicators Week
Recipients: City of Cloverdale Police Department Dispatchers E.2 Week of the Young Child
Recipients: None.

F. PRESENTATIONS
None.

G. CONSENT CALENDAR
All items under the Consent Calendar will be considered together by one acCon of the City Council unless any RV Code Letter - Barbara LeBlanc
Liaison Report
Proclamation - National Public Safety Telecommunicators Week Proclamation - Week of the Young Child
2 Councilmember or member of the public requests that an item be removed and considered separately.

G.1 March 27, 2024 Draft Minutes
Recommended Action(s):

Approve the March 27, 2024 Draft Minutes
G.2 Second Reading by Title Only of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to effectuate Implementation Program IP-2.3.3 of the 2023-2031 Housing Element Recommended Action(s):

Adopt an Ordinance Entitled, “An Ordinance of the City of Cloverdale amending Section 18.03.150, Chapter 18.09, Section 18.09.180, Section 18.11.020, Section 18.13.060, Section 18.14.030, Chapter

17.04, Section 17.48.050, Table 18.04.040-A, Table 18.04.050-A, Table 18.05.030-A and Table

18.11.050-A and removing Section 18.02.100 and Chapter 15.34 from the Cloverdale Municipal Code.”
H. PUBLIC HEARINGS
H.1 Issuance of Tax-Exempt Bonds by California Municipal Finance Authority for the Alexander Valley Apartments Affordable Housing Project
Recommended Action(s):

Conduct a Public Hearing and Adopt a Resolution Entitled, “A resolution of the City Council of the City of Cloverdale approving the issuance of the California Municipal Finance Authority Exempt Facility Bonds for a qualified residential rental project in an aggregate principal amount not to exceed $25,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of Alexander Valley Apartments and certain other matters relating thereto.” I. NEW BUSINESS
I.1 Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks Recommended Action(s):

Introduction and First Reading, by title only, of an Ordinance Entitled, “An Ordinance of the Cloverdale City Council repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks.” City Council Draft Minutes - March 27, 2024
Agenda Report
Attachment 1 - Ordinance
Agenda Report
Attachment 1 - Resolution
Attachment 2 - CMFA JPA
Attachment 3 - Public Correspondence
Agenda Report
Attachment 1 - Draft Ordinance
Attachment 2 - Exhibit A
Attachment 3 - Public Correspondence
Attachment 4 - Presentation
3 I.2 City of Cloverdale Audited Financial Statements FY 2022/23 Recommended Action(s):

Review and accept by motion the FY 2022/23 City of Cloverdale Audited Financial Statements I.3 Discussion and Consideration of the City of Cloverdale Draft Budget Goal Statements for Fiscal Year 2024-2026
Recommended Action(s):

Review and Provide Direction to Staff on Draft Budget Goals for the Fiscal Year 2024-2026 City of Cloverdale Bi-annual Two-Year Operating Budget.

J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Finance, Administration & Police: Chair Lands and Vice Chair Wolter Last Meeting Agenda | Next Meeting - May 6, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - June 10, 2024
Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - April 15, 2024
Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - April 16, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - April 23, 2024
K. COUNCILMEMBER REPORTS
Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.

K.1 Written Report(s):

L. LEGISLATIVE REPORTS, LETTERS OF SUPPORT/OPPOSITION
L.1 Support for Sonoma County Transit Low-No Grant
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.

Agenda Report
Attachment 1 - Audited Financial Statements FY22/23
Attachment 2 - Other signed FY 22/23 Audited Financial Reports Agenda Report
Attachment 1 - Presentation
Councilmember Bagby
Letter of Support for Sonoma County Transit Low-No Grant 4 O. ADJOURNMENT
To the next regular meeting of the Cloverdale City Council scheduled for April 24, 2024.

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 quesCons or enter into dialogue with commenters. Comments may also be submiJed prior t o [email protected]. by 12 p.m. the day of the meeCng. Submissions and supplemental attachments are considered public records pursuant to Government Code § 54957.5.

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

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

AB 343: Any wriCngs or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspecCon 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/direcCons 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 wriJen 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 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: April 4, 2024 | Time posted: 11 a.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 5 meetings? Visit www.cloverdale.net/newsletter and subscribe to "The Cloverdale Weekly Newsletter." 6 To whom it may concern,
We have learned via the Cloverdale Connect Newspaper that at the March council meeting some members of the community want to have the RV code ( 18.11.060) rescinded or altered.

There have been two RVs parked on Elbridge Ave residential driveways for the last year. A neighborhood resident pointed this out in a February meeting with Kevin Thompson. Mr. Thompson explained the process for having them moved per the current code requirements. A complaint form was filled out and the code enforcement officer contacted the residents of the code violation.

The residents failed to remove the vehicles at the end of the 30 day grace period so the person making the initial complaint called the enforcement officer on April 5th to see how the process was going.

The officer informed the caller that he was told NOT to enforce the law by a Cloverdale city worker because the code was about to be changed. How would a city employee know such a change had been made when, to date, no such action had been legally enacted ? Apparently, one of the owners of the vehicles complained about the code at the March council meeting, or perhaps contacted a city official to do it for them. This does NOT empower the city of Cloverdale to then act as if the code had been changed. It looks like a favor was being done for a friend. This puts the code officer in an ethical predicament because Code 18.11.060 is still a law. He has been told NOT to do his job, by whom, and under what authority? This whole scenario reeks of cronyism, favoritism shown to political or business friends.

The citizens of Cloverdale rely on you to govern by the rules so that everyone has equal rights that are not based on knowing someone in high places.

We do NOT want this code to be rescinded for the following reasons:
7 1) The current code keeps cars from being parked on the streets.

Every RV parked in a driveway blocks two residential parking spaces (one in the driveway and one in the garage).
2) Cloverdale has 200 plus commercial rental RV spaces.

Hypothetically, if this code is rescinded, the owners of these RVs could park them in their driveways and force 400 more cars onto the streets.
3) Parking RVs in driveways creates a safety issue because they block views for drivers and can impinge on the sidewalk forcing pedestrians to walk out into the street to pass them. The additional cars parked on the street further obstruct the view of children who may be playing on or near the street creating an increased safety risk. 4) RVs decrease curb appeal of neighborhoods and decrease civic pride which lowers property values.
5) Most of the incorporated cities in Sonoma County have a RV parking code. Obviously, they feel there is a real need for one to exist.
6) It is the responsibility of the resident who owns a RV to know the city code. There are ample and affordable storage facilities available.

The reasons to keep this code in force have not changed. City codes help set the rules and standards by which we can live together safely and peacefully within a city. They encourage civic pride which influences economic and community development. They exist for the good of all.

City codes need to be enforced by the city. It should NOT be an arbitrary decision of a employee to decide which code should or should NOT be enforced. Just as a police officer can NOT decide arbitrarily which laws he or she will enforce. If our agreed upon codes are not enforced by the city, you are “pitting neighbor against neighbor.”
8 Cloverdale residents who own a RV or trailer are a minority of the city residents. Rescinding the code supports the minority to the detriment of the majority and that is not good governance.

The reasons we don’t want this code to be rescinded are the same ones that led to the creation of this code in the first place.

Sincerely,
Barbara LeBlanc RN
9 This week every student came back from spring break and all the Juniors in the high school started their state testing which will last until the end of the month. Also, during spring break construction started for our garden area for the new Ag facilities which will help students next year. Another thing is next week on the 18th,19th, and 20th the high school will have a play on Charlotte’s Web and everyone is welcome. On april 27th there will be prom and this week they are going to start selling tickets. On April 12th Washington will have their 3rd quarter assembly. Also, there will be a ELAC meeting on April 16th at 6:00pm. Today at 7:30am there was Walk n’ Roll. 10 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE RECOGNIZING APRIL 14 - 20, 2024, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK WHEREAS, unforeseen events necessitating the intervention of emergency services such as police, fire, or medical teams can arise spontaneously; and WHEREAS, in the face of an emergency, the swift action of police personnel, fire department members, and emergency medical technicians is essential for safeguarding lives and securing property; and
WHEREAS, the well-being of our law enforcement and fire service units relies on the precise and timely relay of information received from callers to the Cloverdale emergency communication hub; and
WHEREAS, Public Safety Telecommunicators form the first point of contact for our residents during times of crisis, proving to be an indispensable resource in accessing emergency assistance; and
WHEREAS, Public Safety Telecommunicators provide a crucial connection to our police and fire personnel, keeping a vigilant watch over their radio activities, rendering vital information and affirming their well-being; and
WHEREAS, the Public Safety Telecommunicators of Cloverdale have made significant contributions towards the capture of law offenders, the mitigation of fire outbreaks, and the provision of patient care; and
WHEREAS, over the past year, our dispatchers have demonstrated commendable empathy, patience, and professionalism in the execution of their duties.

NOW, THEREFORE BE IT PROCLAIMED, that I Mayor Lands of the City of Cloverdale, does hereby declare April 14-20, 2024, as “National Public Safety Telecommunicators Week” in Cloverdale and commends our dedicated team of Dispatchers - Tami Lemley, Tanya Galloway, Carolyn Peterson, Lori Smith, Darlene Strattan, Dispatch Supervisor Caitlin Jensen, and Records Manager Linda Webb - for their unwavering commitment to upholding the safety and security of our community.

Dated: April 10, 2024
SO ORDERED:
_________________________
Todd Lands, Mayor
11 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE RECOGNIZING APRIL 6 - 12, 2024 AS WEEK OF THE YOUNG CHILD IN CLOVERDALE Whereas, the Child Care Planning Council of Sonoma County and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child, April 6 - 12, 2024; and
Whereas, these organizations are working to improve early care and education opportunities that provide a foundation of learning for all children in Cloverdale, California; and Whereas, high-quality early care and education can help ameliorate the effects of poverty, detect and remediate delays, identify and help prevent child neglect, and lead to positive outcomes for individual children, helping them be better prepared for school and more likely to succeed in life; and Whereas, young children need developmentally appropriate, accessible, and available early care and education settings; and
Whereas, young children need access to an early childhood education workforce that reflects a rich diversity of linguistic, racial, and cultural identities; and Whereas, child care providers who are skilled and valuable front-line professionals that risked their health to provide early care and education during a global pandemic deserve to be fairly compensated; and
Whereas, early childhood education providers and other community members who make a difference in the lives of young children in Cloverdale deserve thanks and recognition; and NOW, THEREFORE BE IT PROCLAIMED, that I Mayor Lands of the City of Cloverdale, does hereby declare April 6-12, 2024 as the “Week of the Young Child” in Cloverdale and commits to investments that stabilize, sustain, and support child care and early learning so this essential workforce can continue to support children, families, and our economy through the pandemic crisis, recovery, and beyond.

Dated: April 10, 2024
SO ORDERED:
_________________________
Todd Lands, Mayor
12 City Council Meeting Minutes - March 27, 2024 - Page 1 of 5 124 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, MARCH 27, 2024
6:00 PM

CLOVERDALE PERFORMING ART CENTER
209 N. CLOVERDALE BOULEVARD, CLOVERDALE, CA 95425
A. OPENING PUBLIC SESSION
A.1 Call to Order
Mayor Lands called the meeting to order at 6 p.m.

A.2 Pledge of Allegiance
Mayor Lands led the pledge of allegiance
A.3 Roll Call

Present: Mayor Lands

Absent: None.

A.4 Conflict of Interest Declaration
None.

A.5 Agenda Review (Changes and/or Deletions)
None.

B. PUBLIC COMMENTS
Mike Martini spoke regarding Alexander Valley Water District and provided a document with the Subject: Preparation of Application to form the Alexander Valley Water District. The document will be added to the record in the approved meeting minutes.

Reece Foxen spoke regarding Mobile Home Rent Control.

C. COMMUNICATIONS
C.1 Letter from Neighbors of North Foothill Blvd
City Manager Kelley reported on the late correspondence.

City Council provided direction to Staff.
13 City Council Meeting Minutes - March 27, 2024 - Page 2 of 5 D. STUDENT LIAISON REPORT
None - Absent.

E. PROCLAMATIONS
E.1 César Chávez Day - March 31, 2024
Mayor Lands read the proclamations. No recipients.

F. PRESENTATIONS
None.

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

The motion carried by the following vote:

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

Absent: (0) - None
G.1 Approval of Minutes - March 8, 2024
Action(s): Approved as submitted.

G.2 Approval of Minutes - March 13, 2024
Action(s): Approved as submitted.

G.3 Resolution Accepting Public Improvements Performed by Andersen Excavating for the Dog Park on Asti Road
Action(s): Resolution Adopted
RESOLUTION NO. 012-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE ACCEPTING PUBLIC IMPROVEMENTS PERFORMED BY ANDERSEN EXCAVATING INC. FOR THE CLOVERDALE DOG PARK AND COGGINS FENCING.

G.4 2023 General Plan and Housing Element Annual Progress Reports Action(s): Report Received and Filed.

Council accepted the 2023 General Plan Annual Report including the Housing Element Annual Progress Report and authorized Staff to submit the reports to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.
14 City Council Meeting Minutes - March 27, 2024 - Page 3 of 5 G.5 Housing Successor Agency Annual Report for Fiscal Year 2022-23 Action(s): Report Received and Filed.

G.6 Consider Amending the Water Leak Adjustment Policy
Action(s): Resolution Adopted
RESOLUTION 013-2024 ENTITLED, “A RESOLUTION OF THE CLOVERDALE CITY COUNCIL AMENDING THE WATER LEAK ADJUSTMENT POLICY INCREASING THE ONE-TIME $250 CREDIT TO A $365 CREDIT TO THE WATER BILL.”
H. PUBLIC HEARINGS
H.1 Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to effectuate Implementation Program -2.3.3 of the 2023-2031 Housing Element Assistant City Manager / Community Development Director Thompson introduced the item, and 4Leaf Consultant Lindenbusch presented.

City Attorney Mog, Assistant City Manager Thompson, and 4Leaf Consultant Lindenbusch responded to Councilmember inquiries and comments.

Mayor Lands opened and closed the Public Hearing at 6:36 p.m.

Councilmembers provided comment.

A motion was made by Councilmember Bagby, seconded by Councilmember Wolter, to introduce the first reading, by title only, of an ordinance entitled:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE AMENDING SECTION

18.03.150, CHAPTER 18.09, SECTION 18.09.180, SECTION 18.11.020, SECTION 18.13.060, SECTION 18.14.030, CHAPTER 17.04, SECTION 17.48.050, TABLE 18.04.040-A, TABLE

18.04.050-A, TABLE 18.05.030-A AND TABLE 18.11.050-A AND REMOVING SECTION

18.02.100 AND CHAPTER 15.34 FROM THE CLOVERDALE MUNICIPAL CODE.

The motion carried by the following vote:

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

Absent: (0) - None
I. NEW BUSINESS
I.1 Six Acres Resolution of Annexation and Annexation Agreement City Manager Kelley presented and responded to Council inquiries and comments. 15 City Council Meeting Minutes - March 27, 2024 - Page 4 of 5 A motion was made by Vice Mayor Wheeler, seconded by Councilmember Bagby, to waive reading of the text and adopt:

RESOLUTION NO. 014-2024 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLOVERDALE, REQUESTING THE SONOMA COUNTY LOCAL AGENCY FORMATION

COMMISSION (LAFCO) TO APPROVE ANNEXATION OF THE SERVICE AREA OF THE SIX ACRES

MUTUAL WATER COMPANY LOCATED IN AN UNINCORPORATED AREA OF SONOMA

COUNTY INTO THE CITY OF CLOVERDALE AND APPROVING THE ANNEXATION AGREEMENT WITH THE SIX ACRES MUTUAL WATER COMPANY.

The motion carried by the following vote:

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

Absent: (0) - None
Mayor Lands rearranged the agenda to re-open public comment for item E.1 - Proclamations Eric Longoria provided comments on item E.1.

Mayor Lands continued to item L.2.

I.2 Urban Growth Boundary Map and Ballot Initiative
Assistant City Manager Thompson presented.

Staff responded to inquiries and comments.

Public Comments:

Howard Bogart spoke regarding the item.

Dave Anderson spoke regarding the item.

Council discussed and provided direction to Staff regarding proposed modifications of the Urban Growth Boundary (UGB).

J. SUBCOMMITTEE REPORTS
Subcommittee Agendas, Approved Minutes, and Media are available at www.cloverdale.net/agendacenter.

Finance, Administration & Police: Chair Lands and Vice Chair Wolter Last Meeting Agenda | Next Meeting - April 1, 2024
Homelessness Community Advisory Group: Chair Morgenstern and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - June 10, 2024
Joint City/Cloverdale Unified School District: Chair Lands and Vice Chair Morgenstern Last Meeting Agenda | Next Meeting - April 15, 2024
16 City Council Meeting Minutes - March 27, 2024 - Page 5 of 5 Planning and Sustainability: Chair Bagby and Vice Chair Wheeler Last Meeting Agenda | Next Meeting - April 16, 2024
Public Works and Facilities: Chair Wheeler and Vice Chair Wolter Last Meeting Agenda | Next Meeting - March 26, 2024
Councilmember Morgenstern reported on the Homelessness Community Advisory Group Special meeting presentation.

K. COUNCILMEMBER REPORTS
Councilmembers may provide written and or verbal informational reports and updates on regional boards, committees, and community activities.

No oral reports.

K.1 Written Report(s):

Councilmember Bagby.

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

M. CITY MANAGER/CITY ATTORNEY REPORTS
City Attorney Mog reported.

N. COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
City Manager Kelley reported.

O. ADJOURNMENT
Mayor Lands adjourned the meeting at 7:51 p.m. to the next regular meeting of the Cloverdale City Council scheduled for April 10, 2024.

APPROVED ON:
_________________________________
Mike Maloney, City Clerk
17 City Council/Successor Agency
Agenda Item Summary Agenda Item: G.2
Meeting Date: April 10, 2024
Agenda Section:

Consent
Staff Contact:

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

Second Reading by Title Only of an Ordinance amending sections of the Cloverdale Municipal Code (CMC) in order to effectuate Implementation Program IP-2.3.3 of the 2023-2031 Housing Element ________________________________________________________________________________________ Recommended Council Action(s):

Adopt an Ordinance Entitled, “An Ordinance of the City of Cloverdale amending Section 18.03.150, Chapter

18.09, Section 18.09.180, Section 18.11.020, Section 18.13.060, Section 18.14.030, Chapter 17.04, Section

17.48.050, Table 18.04.040-A, Table 18.04.050-A, Table 18.05.030-A and Table 18.11.050-A and removing Section 18.02.100 and Chapter 15.34 from the Cloverdale Municipal Code.” ________________________________________________________________________________________ Background:

On April 26, 2023, the City Council adopted the 2023-2031 Housing Element. The City has since received a letter from the State Department of Housing and Community Development (HCD) certifying the Housing Element as being substantially compliant with state law. Included as part of the adopted Housing Element are goals and policies, each with their own implementation programs and schedules for being implemented during the 2023-2031 planning period. The Planning Commission adopted resolution 05-2024 recommending approval of the draft ordinance amendments.

Implementation Program IP-2.3.3 lists specific code changes, some of which were required to be completed by February 2024, and others by April 2024 and April 2025. Although the City was not able to complete all the code amendments listed in IP-2.3.3 by February 2024, staff was able to complete some of the code amendments and has began working on implementing the rest within the time frames detailed above.

The proposed code amendments also include some housekeeping type amendments to ensure internal consistency such as removing the statement that residential uses are not allowed in the S-C zoning district (18.05.020.B & E) and correcting the review and approval process for parcel maps (Title 17). ________________________________________________________________________________________ Summary:

The proposed amendments to the Cloverdale Municipal Code (CMC) primarily are intended to effectuate Implementation Program IP-2.3.3 of the Housing Element, which indicates that the City shall specifically complete the following code changes:

1. Develop a written streamlined application process in accordance with AB 2162, SB 35 and SB 330, including the pre-application and procedure. Written procedures and checklists shall be developed and made available at City Hall and on the City’s website.

2. Eliminate the City’s growth management ordinance (GMO) in compliance with SB 330 (2019).

3. Allow Low Barrier Navigation Centers to be a by-right use in zones where multifamily and mixed uses are permitted, including nonresidential zones where multifamily is permitted. (Government Code 65660)

4. Allow emergency shelters to be a by-right use in the TOD zone consistent with GC 65583(a)(4).

Also amend parking requirements pursuant to AB 139 to not require more than would be required for an emergency shelter.
18 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 2 of 2 ends

5. Allow permanent supportive housing as a by-right use in zones where multifamily and mixed use zoning is permitted, pursuant to AB 2162 (GC 65650).

6. Allow employee housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household to be treated as an agricultural use, as required by CA Health and Safety Code Section 17031.6.

7. Allow Residential Care Facilities for 7 or more clients as a permitted use in residential zones, subject only to clear, transparent, objective standards.

8. Amend Density Bonus ordinance for consistency with GC 65915, as amended by AB 2345, AB 2334 and any other applicable changes to State Density Bonus Law, including updated parking and height standards.

9. Amend the Accessory Dwelling Unit ordinance to ensure consistency with changes in State Law.

10. Amend the code to adopt objective design and development standards, and to ensure that the design review procedures and approval criteria are clear and objective.

11. Amend the code to use the maximum parking requirements in GC Section 65915 for all multifamily projects without the need for any developer request.

12. Revise the City’s definition of “family” to refer to an individual or two or more persons living as a single housekeeping unit or household and sharing common living, sleeping, cooking and eating facilities.

13. The City shall maintain resources for developers seeking to utilize these resources and procedures on the City’s website.

As previously mentioned in this report, the City’s timeline to complete initial code changes and to ensure that design approval criteria are objective is February 2024, while the timeline for developing a streamlined application process is April 2024 and adopting objective design standards is April 2025.

The Planning Commission at their March 5, 2024, meeting, reviewed the above Municipal Code amendments and adopted a resolution recommending approval to the Council. Subsequently, the draft Ordinance to amend the Municipal Code was introduced by title only at the City Council meeting of March 27, 2024. ________________________________________________________________________________________ Options:

1. Reject the Draft Ordinance; or

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

Bring forward for consideration.
________________________________________________________________________________________ Budget/Financial Impact:

None
________________________________________________________________________________________ Attachments:

1. Ordinance
19 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF CLOVERDALE AMENDING SECTION

18.03.150, CHAPTER 18.09, SECTION 18.090.180, SECTION 18.11.020, SECTION 18.13.060, SECTION 18.14.030, CHAPTER 17.04, SECTION

17.48.050, TABLE 18.04.040-A, TABLE 18.04.050-A, TABLE 18.05.030-A, AND TABLE 18.11.050-A AND REMOVING SECTION 18.02.100 AND CHAPTER 15.34 FROM THE CLOVERDALE MUNICIPAL CODE.

THE COUNCIL OF THE CITY OF CLOVERDALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 18.02.100 is deleted in its en�rety and its space is reserved for future use:

SECTION 2. Chapter 18.03.150 is amended to read:

18.03.150 Design review—Major and minor.

A. Purpose and Intent. The city of Cloverdale is a city with unique characteris�cs, and the design review process is intended to protect the city’s spectacular natural vistas and dynamic natural features as well as to preserve the scale of established older neighborhoods and the city’s downtown. Design review is also intended to promote high-quality design and well-built and maintained buildings, landscaping and public ameni�es in order to further the rela�onship between the appearance of buildings and structures, property values and the taxable value of property in the city.

1. The design review process is intended to implement general plan objec�ves and policies through the following:
a. Design standards contained in Chapter 18.10;
b. Residen�al, commercial and industrial design guidelines; and c. Documents that s�pulate standards and regula�ons governing design.

2. Consistent with exis�ng State law, objec�ve design standards are those that involve no personal or subjec�ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. Residen�al developments that are subject to this chapter must be consistent with the applicable development standards of the zoning district in which they are located.

B. Authority. The Planning Director may approve minor design review applica�ons without reques�ng a recommenda�on from the planning commission for development projects that are eligible to be approved through a ministerial review process.

C. Design Review Required.
20 1. Design review shall be required as allowed by law for new construc�on, building remodeling which changes the exterior appearance and is visible from the street or sidewalk, and the installa�on of awnings or similar features atached to the exterior building facade that require a building permit for the land uses and areas listed below. See also Chapter 18.09 which contains development standards for specific uses that may also require design review. a. All commercial buildings;
b. All industrial buildings;
c. Any property fron�ng on Cloverdale Boulevard;
d. Any property fron�ng on Highway 101;
e. New housing with five or more units on a parcel; and f. Transi�onal housing.

2. The levels of design review are as follows:
a. Conceptual. Review by the Planning Director for the purpose of providing the applicant with the authority’s tenta�ve reac�on to the general design concept of a proposed project. Such review shall not include a formal decision on the applica�on by the decision-making authority. b. Minor. Minor changes to the exterior of exis�ng nonresiden�al buildings that require a building permit, including awnings, a change of use in a nonresiden�al building residen�al construc�on involving not more than four units, and reconstruc�on projects involving less than 25 percent of the floor area of an exis�ng on-site building(s) or 3,000 square feet, whichever is less. c. Major.
i. Commercial, industrial, office and residen�al projects (five or more residen�al units per site) which involve the development of vacant land with site and building improvements or structural addi�ons or new buildings which are greater than the standards outlined in 18.03.150(c)(2)(b) on a previously developed site;
ii. Applica�ons involving a change of use such as the conversion of a residen�al structure to an office, commercial, or mixed use;
iii. Projects subject to development approval by the planning commission, such as subdivisions, precise development plans, condi�onal use permits, PUD permits, and variances; iv. Projects subject to the California Environmental Quality Act.

D. Submital and Review Requirements. Whenever a permit or approval requires design review pursuant to this �tle, an applicant shall file the appropriate applica�on with the planning department.

E. Findings. The planning commission, city council, or planning director, when authorized, may approve a design review request only if the project meets the objec�ve design standards set forth herein and within the respec�ve zone district.
21 SECTION 3. Table 18.04.040-A is amended to read:

Table 18.04.040-A
Uses Permitted within Residential Zoning Districts
Legend
P Permitted
PP Permitted Subject to Plot Plan Review
C Permitted Subject to Approval of a Conditional Use Permit PUD Permitted Subject to Approval of a Planned Unit Development Permit NP Not Permitted
USE R-R R-1 R-2 R-3 Reference
Residential Uses4
Single-family detached—standard lot sizes P P P NP
Small lot single-family detached PUD PUD PUD NP
Single-family attached (townhouse, etc.) NP PUD PUD C
Single-room occupancy (SRO) living unit NP NP NP C
Condominium NP NP NP C
Multiple-family attached or detached NP NP P P
Accessory dwelling unit P P P P 18.09.180
Junior accessory dwelling unit P P P P 18.09.185
Residential care facility (includes facilities for the
elderly) (6 or fewer persons)

P P P P
Residential care facility (including facilities for the elderly) (7 or more persons)[5]

P P P P
Senior independent living uses NP NP NP PP
Convalescent home NP C C C
Mobile home park NP NP NP C 15.28
Manufactured homes P P P P 15.24
Boarding/rooming houses NP NP NP C
Guest quarters P PP C NP
Low Barrier Navigation Centers4 NP NP P P
Employee Housing3 P P P P
Permanent Supportive Housing4 NP NP P P
Hotels and Lodging
22 Bed and breakfast inns C C C C 18.09.100
Hosted vacation rentals PP PP PP PP 18.09.265
Public/Quasi-Public Uses
Public/quasi-public uses C C C C
Small family day care P P P P
Large family day care P P P P
Adult day care C C C C
Child day care C C C C
Commercial recreation facilities, outdoor C C C C
Agricultural Uses
F.F.A., 4-H, or similar organization small animal and fowl projects1

P P P C
Equestrian centers, riding academies, commercial
stables, feed and tack stores accessory to commercial
stables

C NP NP NP
Raising of up to 5 chickens, excluding roosters1 P P P2 P2 Keeping of horses (minimum 2.5 acres for first horse, an additional acre for each horse thereafter)

C C NP NP
Beekeeping P P NP NP
Orchards, vineyards, greenhouses, horticulture
• Use area less than 0.5 acres P P P C
• Use area 0.5 acres or larger P C C C
Light farming, except commercial dairies, rabbit, fox,
goat or hog farms or commercial chicken or poultry
ranches

P P NP NP
Commercial dairies, rabbit, goat or commercial chicken
or poultry ranches (10 acre min.)

C C NP NP
Large animal hospitals, commercial kennels (10 acre
min.)
C NP NP NP 18.09.150
Accessory Uses
Home occupations P P P P 18.09.120
Accessory uses and structures meeting all city standards P P P P 18.09.070 Accessory uses and structures located on the same site
as a use requiring conditional use permit or plot plan
review
PP PP PP PP 18.09.070
Private tennis court C C C C
Recreational vehicle storage yard incidental to a
multiple-family housing development

NP NP NP C
23 Other uses similar to, and no more objectionable than, the uses identified above, as determined by the
planning commission

C C C C
NOTES TO TABLE:

1. Animals and fowl shall be confined in a pen or fenced area that is located no closer than twentyfive feet to any residence other than that on the project site and are not permitted in front or street side setbacks. Every yard, pen, coop, or other enclosure for the keeping therein of small animals and/or poultry shall at all times be kept and maintained in a clean, sanitary and sightly condition, and free from any offensive odor.

2. Not permitted on lots containing more than one dwelling unit per lot.

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

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

5. The permitting requirements and development standards applicable to residential care facilities (7 or more persons) shall apply when located within a residen�al structure where the use is permited by right in the underlying zone district.

SECTION 4. Table 18.04.050-A is amended to read:

Table 18.04.050-A
Residen�al Site Development Standards
R-R R-1 R-2 R-3
Density7 (maximum units per net acre) 0.2 4.0 8.0 16.0
Lot area1,3 (minimum)
• Interior lot 30 acres 6,000 sf 6,000 sf 10,000 sf
• Corner lot 30 acres 7,000 sf 7,000 sf 10,000 sf
Lot width (minimum) 150' 60' 60' 60'
Lot depth (minimum) 100' 100' 100' 100'
Front setback5,6 (minimum) 35' 20' 20' 20'
Side setback5,6 (minimum)
• Interior 20' 1 story or lower story of a 2-story
residence: 5'
2nd story of 2-story residence: 10'
• Street side 20' 15' 15' 15'
Rear setback5,6 (minimum)
24 • One-story building 30' 20' 20' 10'
• Two-story building 30' 20' 20' 20'
Floor area ra�o2 (maximum)
• 0-4,000 sf net site 0.35 0.35 0.35 0.35
• 4,001 sf and larger net site 0.40 0.40 0.40 0.40
Building height (maximum) 35' or 2 stories, whichever is less. 14' for accessory buildings.

Distance between buildings4 (minimum) 20' 10' 10' 10'
Provision of open space9
• Public open space per unit — — 100 sf 100 sf
• Private open space per unit — — 40 sf 40 sf
NOTES TO TABLE:

1. For detached single-family units, including detached units in PUD permits, planned developments and specific plans, no more than twenty-five percent of lots in any development may be less than four thousand square feet. No lots may be less than three thousand square feet.

2. Floor area ra�o (FAR) provisions apply to all units, including units in PUD permits, planned developments and specific plans. In a planned development, a composite FAR may subs�tute for individual lot FAR.

3. Refer to subdivision ordinance Sec�on 17.20.140(B)(2) for minimum lot areas for parcels with slope greater than seven percent.

4. Within a planned unit development, building separa�ons may be reduced to zero feet; provided, that firewalls are provided per UBC standards.

5. When a residen�al development is proposed to be located adjacent to or across the street from a developed industrially zoned property, a minimum building setback of fi�y feet measured from the property line shall be required from such industrial zoning district. The fi�een feet of this setback located adjacent to the street or industrial zoning district boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot-high wall, berm or combina�on wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to industrial zoning districts, walls shall be constructed in accordance with the provisions of Sec�on 18.09.030.

6. A fi�y-foot buffer setback is required on each side of waterways shown on the general plan conserva�on area map.

7. Densi�es may be increased as provided for under State Density Bonus Law and/or Chapter

18.13. 8. Development standards for construc�on of an accessory dwelling unit (ADU) are located in Sec�on 18.09.180, Accessory dwelling units.

9. Design standards for open/common space are located in Sec�on 18.03.150. 25 SECTION 5. Sec�on 18.05.020(B) is hereby amended to read:

B. Intent of Downtown Commercial (DTC) Zoning District. The purpose of the downtown commercial (DTC) zoning district is to provide for downtown commercial, cultural and office-related uses which recognize and are compa�ble with the historical, small-town nature of the downtown area. Mul�family residen�al uses are allowed above the first story of a permited commercial or office use or on the first floor subject to Plot Plan Review. The zoning district is established in order to reinforce the image of the downtown as the “heart” of Cloverdale and as a public gathering place; provide for a broad range of pedestrian-oriented commercial, office, ins�tu�onal, cultural, and public uses; and to maximize the efficiency of the city’s downtown district by limi�ng or prohibi�ng uses that break the con�nuity of commercial frontage or are incompa�ble with an atrac�ve pedestrian shopping area; and to promote special architecture and streetscape design that strives to achieve the adopted downtown design elements.

SECTION 6. Sec�on 18.5.020(E) is hereby amended to read:

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

SECTION 7. Table 18.05.030-A is hereby amended to read:

Table 18.05.030-A
Uses Permitted Within Commercial Zoning Districts
Legend
P Permitted
PP Permitted Subject to Plot Plan Review
C Permitted Subject to Issuance of a Conditional Use Permit PUD Permitted Subject to Issuance of a PUD Permit
NP Not Permitted
NL No Limitation (does not apply in the zoning district) Land Uses Commercial Zoning Districts
DTC TOD O-R G-C S-C Reference
Office and Related Uses
26 Administrative/general offices
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
NP
P
P
NL
P
PP
NL
P
C
NL
C
C
NL
Commercial Uses
Pedestrian-oriented retail1
• Less than 2,500 square feet
• 2,501 square feet or larger
• More than 50 feet of first floor frontage
P
PP
PP
P
PP
NP
C
NP
NP
PP
C
NL
C
C
NL

General retail1
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
PP
NP
NP
NP
NP
P
PP
NL
P
PP
NL

Personal/household services
• Less than 1,500 square feet
• 1,501 square feet or larger
• More than 50 feet of first floor frontage
P
C
NP
P
PP
NP
P
PP
NP
P
C
NL
C
C
NL

Smoke shops/smoking lounges
• Less than 1,500 square feet
• 1,500 square feet or larger
• More than 50 feet of first floor frontage
PP
NP
NP
NP
NP
NP
NP
NP
NP
C
NP
NL
C
NP
NL

18.09.230

Artist and photographic studios and galleries
(including the accessory sale of artwork)

P PP PP P NP
Catering establishments (not in conjunction with a
restaurant)

NP NP PP PP P
Dry cleaning (with on-site cleaning equipment);
self-service laundry

NP PP NP PP PP
Feed and tack stores NP NP NP C PP
Convenience kiosks NP PP NP C NP
27 Liquor stores C C NP C C
Outside sales or display areas (for uses allowed in
the underlying zoning district)
• Less than 100 square feet
• 101 square feet or more
PP
NP
NP
NP
NP
NP
PP
C
PP
C

Restaurants
• With entertainment
• Without entertainment
P
P
PP
PP
NP
C
C
P
C
P
Outdoor seating P PP C PP PP 18.09.210
Drive-through facility NP NP NP C C 18.09.110
Bar/cocktail lounge C C NP C C
Wine/beer tasting/sampling and sales PP PP NP PP C
Hotels and Lodging
Bed and breakfast inn PP C PP NP C 18.09.100
Nonhosted vacation rental C NP C C NP 18.09.260
Hosted vacation rental PP PP PP PP PP 18.09.265
Hotels and motels
• Up to 12 rooms
• 13 rooms or more
PP
C
PP
C
C
NP
PP
C
PP
C

Recreational vehicle park NP NP NP NP C
Medical Services
• Major
• Minor
• More than 25 feet of first floor frontage
NP
C
NP
C
C
C
NP
PP
—
C
C
—
NP
C
—

Veterinary/animal care offices
• Without exterior kennels, pens, and runs
• With exterior kennels, pens, and runs
C
NP
NP
NP
P
NP
PP
NP
PP
C

Vehicle Sales and Repair
Sales and/or repair of automobiles, light trucks,
boats, campers, and motorcycles; car washes, tire
sales and service
NP NP NP NP C 18.09.270
Automobile service station NP NP NP C C 18.09.200
Industrial/Research and Development Uses
28 Manufacturing or processing, light NP NP NP NP C
Contractor shops (with no outdoor storage of
materials or equipment)

NP NP NP NP C
Recycling facilities
• Reverse vending machines
• Small
NP
NP
NP
NP
NP
NP
PP
PP
PP
PP

18.09.170

Wholesale and distribution; warehouses NP NP NP NP C
Self-storage warehouse NP NP NP C PP 18.09.190
Public/Quasi-Public Uses
Public/quasi-public uses C C C C C
Theaters (including motion picture and live
performing arts)

PP NP NP NP NP
Day care facilities NP C C C NP
Recreation Uses
Athletic and health clubs; indoor commercial
recreation facilities

C C NP C C
Dance schools; yoga and pilates studios P P PP C C
Commercial recreation facilities (outdoor) NP C NP C C
Residential Uses3
Residential care facilities and convalescent homes NP PP PP C C Multifamily residential6
• Above a permitted commercial or office use
• First floor
P
PP
P
P
P
P
PP
PP
PP
PP

18.05.050
Single-family house4,5 NP NP P NP NP
Single-room occupancy (SRO) living unit PP PP PP NP NP 18.09.220 Emergency shelters NP P NP PP NP
Low-barrier navigation centers
• Above a permitted commercial or office use
• First floor
P
PP
P
P
P
P
PP
PP
PP
PP 18.05.050
Permanent supportive housing
• Above a permitted commercial or office use
• First floor
P
PP
P
P
P
P
PP
PP
PP
PP 18.05.050
Accessory Uses
29 Accessory uses (located on the same site as a
permitted use)

PP PP PP PP PP
Live-work unit PP PP PP PP PP 18.09.295
Temporary uses PP PP PP PP PP
Other uses similar to, and no more objectionable
than, the uses identified above, as determined by
the planning commission

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

1. Commercial projects which serve as a city-proposed catalyst project for downtown development may be approved with a conditional use permit in the TOD zoning district.

2. Uses with approved conditional use permits that relocate within the same zoning district are subject to plot plan review instead of another conditional use permit.

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

5. Single-family houses in office/residential shall follow the R-2 zoning standards.

6. Within the DTC district, street-facing residential uses are allowed on the first floor except on the following street segments: Cloverdale Boulevard, 1st Street between Commercial Street and Main Street, and 2nd Street between Commercial Street and Main Street. Residential uses on these street segments are allowed only above the first floor or if placed behind a commercial building.

7. In all cases, the permitting requirements and development standards applicable to residential care facilities serving seven or more clients shall apply when located within multifamily residential structures.

SECTION 8. Table 18.05.040-A is hereby amended to read:

Table 18.05.040-A
Commercial Site Development Standards

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

30.0 20.0

8.0—

20.0 20.0 —
Lot area4 (square feet) — — 6,000 6,000 6,000
Lot width — — 60' 60' 60'
Lot depth — — 100' 100' 100'
30 Front setback1,2,3
• Maximum — — 20' 15' 20'
• Minimum — — — — —
Side setback1,2,3
• Interior — — 5' — —
• Street side — — 15' 10' 20'
Rear setback1,2,3 — — 15' 10' 10'
• Abu�ng R-1 or R-2 zoning — — 20' 10' 10'
Building length (maximum) — — — — —
Lot coverage (maximum) 100% 100% 60% 60% 60%
Floor area ra�o (maximum) 3.0 3.0 0.8 1.0 1.0
Building height
• Maximum 40' or 3
stories
40' or 3
stories
35' or 2
stories
35' or 2
stories
35' or 2
stories
• Minimum 25' 2 stories — — —
First floor ceiling height (minimum) 12' — — — —
Distance between buildings (minimum) — — — — —
Provision of open space6
• Common open space per 1,000 square
feet of building — 100 sf — — —
• Common open space/residen�al unit — 150 sf — — —
• Private open space/residen�al unit — 40 — — —
NOTES TO TABLE:

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

2. A fi�y-foot buffer setback is required on each side of waterways shown on the general plan conserva�on area map.

3. When a residen�al development is proposed to be located adjacent to or across the street from a developed industrially zoned property, a minimum building setback of fi�y feet measured from the property line shall be required from such industrial zoning district. The fi�een feet of this setback located adjacent to the street or industrial zoning district boundary line shall be landscaped; the remainder of the setback area within the site may be used for off-street parking purposes. A three-foot-high wall, berm or combina�on wall/berm shall be constructed within the landscaped area along street setbacks; along all other lot lines adjacent to industrial zoning districts, walls shall be constructed in accordance with the provisions of Sec�on 18.09.030.

4. The crea�on of new lots within commercial zoning districts following the date of the adop�on of this �tle shall conform to the minimum dimensions stated in Table 18.05.040-A, except in the case of condominium lots or individual lots within a shopping center, in which case no minimums are established except at the boundary of the shopping center or commercial development. Parcels created within shopping centers are exempt from the site development standards stated herein, 31 as they relate to minimum site areas, and minimum lot width and depth, as long as the following condi�ons are met:
a. A conceptual development plan for the en�re center has been developed and approved pursuant to this �tle;
b. Appropriate easements for reciprocal access, parking and maintenance are recorded; and c. All applicable setbacks adjacent to the exterior boundaries of the shopping center or commercial development are met.

5. Densi�es may be increased as provided for under State Density Bonus Law and/or Chapter 18.13.

6. Design standards for open/common space are located in Sec�on 18.03.150.

SECTION 9. Chapter 18.09 is amended to read:

18.09.130 Hotel/motel conversions.

The purpose of these standards is to ensure that hotels and motels provide services for travelers, maintain peace and quiet for fellow visitors and surrounding neighborhoods, pay transient occupancy taxes to assure that services can be provided and that any change to long-term residency provides improvements that are suitable for long-term occupancy.

A. Transient occupancy tax shall be paid for all hotel/motel stays. Maximum stay in a hotel or motel room shall be thirty days.

B. It is not the inten�on of the city to encourage hotels/motels to convert to permanent occupancy.

However, if the hotel/motel cannot be economically operated, the en�re hotel/motel may be changed to residen�al use. A hotel/motel may not have both transient and nontransient occupancy.

1. A condi�onal use permit shall be required for a change to permanent occupancy. The condi�onal use permit applica�on shall demonstrate how permanent parking can be provided and how private and public open space can be provided for occupants. For units with one room (exclusive of the bathroom) the planning commission may consider the SRO requirements for parking and open space. For units with more than one room (exclusive of the bathroom) the planning commission may consider the mul�family requirements for parking and open space. (Ord. 698-2015 § 3 (At. 1) (part), 2015)

18.09.135. Emergency shelters.

The purpose of these standards is to ensure emergency shelters are located, developed, and operated in compliance with the applicable base district and the following standards:

1. Number of Residents. The number of adult residents, not including staff, who may be housed shall be limited to not more than 50 served on a year-round basis. During emergency events, emergency shelters shall not be limited to the number of persons served, subject to occupancy limits outlined in the California Building Code, so long as the opera�ng condi�ons set forth in this sec�on are met.
32 2. Length of Occupancy. Occupancy by a client may not exceed 180 execu�ve days unless the onsite management plan iden�fies longer residency by those enrolled and regularly par�cipa�ng in a training or rehabilita�on program.

3. On-Site Management Plan. The operator of the shelter must submit an on-site management plan for approval. The Plan must include informa�on related to how transporta�on, client supervision, security, client services, client intake, and staffing will be addressed.

4. Client Intake. An area dedicated to client intake shall be iden�fied in the management plan.

Outdoor wai�ng for clients, if any, may not be in the public right-of-way and must be large enough to accommodate the expected number of clients.

5. Parking. The provision of parking shall comply with the standards outlined in Chapter 18.11, Parking and Loading Requirements.

6. Ligh�ng. All ligh�ng shall comply with the provisions of Sec�on 18.09.050, Outdoor ligh�ng.

7. Security. On-site employee presence shall be provided during the hours that the emergency shelter is in opera�on.

8. Health and Safety Standards. All emergency shelters must comply with the standards set forth in Title 25 of the California Administra�ve Code (Part 1, Chapter F, Subchapter 12, Sec�on 7972).

18.09.140 Interim agricultural uses.

On parcels that are two and one-half acres or larger in size located within any zoning district, the following agricultural uses shall be permited or condi�onally permited:

A. Permited Uses.

1. All types of agricultural, hor�culture and grazing, excluding concentrated feed lots or commercial poultry enterprises, shall be permited subject to the following s�pula�ons:
a. The total number of horses, sheep and other cle�-hoofed animals shall meet the standards of Sec�on 6.04.150 et seq.
b. Aviaries shall not exceed a total of fi�y birds per acre of gross site area. c. The retail sale of products raised on the property shall be permited but shall exclude retail nursery sales and the commercial sale of animals permited for grazing purposes.

B. Condi�onally Permited Uses. The following uses shall be permited subject to the issuance of a condi�onal use permit as provided in Chapter 18.03:

1. Frog farms.

2. Fish hatcheries or farms for their stocking, breeding, or commercial sale.

3. Worm farms.

4. The propaga�on, processing and wholesale distribu�on of nursery plant stock, including the on-site sale of related materials and supplies associated with landscape improvement and/or maintenance opera�ons, where the sale of such non-plant-related nursery stock is clearly incidental and related to the stock propagated on site for distribu�on. However, outdoor storage and display shall be limited solely to the retail sale of the nursery plant stock. 33 5. The raising of rabbits, chinchilla, nutria, hamsters, guinea pigs, and other such animals similar in size, appearance and weight, for commercial purposes. (Ord. 698-2015 § 3 (At. 1) (part), 2015)
SECTION 10. Table 18.11.050-A is hereby amended to read:

Residential Uses
Single-family dwelling (on a conventional
lot, with a 20-foot minimum front yard
setback, and fronting on a public or
private street with on-street parking)
2 spaces per unit, 1 of which must be covered. Both
spaces must be outside required setbacks and must
have a minimum driveway length of 20 feet between
the property line and the parking space.

Cluster ownership housing (single-family
dwelling in a small lot PUD, townhouses,
condominiums, and attached housing)
1 covered space per unit; plus 1.5 unrestricted
shared parking spaces per unit; plus 0.5 parking
space per unit, which may be restricted to specific
units or may be unrestricted.

Apartments and multifamily dwellings
(generally designed for rental occupancy)
Studio unit: 1 unrestricted shared parking space per
unit.
1 bedroom unit: 1 unrestricted shared parking space
per unit.
2-3 bedroom units: 1.5 unrestricted shared spaces
per unit.
4 bedroom units: 2.5 unrestricted shared spaces per
unit.

Senior housing 1 covered space per unit, and 0.5 shared unrestricted parking space per studio and 1 bedroom unit and 1
shared unrestricted parking space per 2+ bedroom
unit. 0 spaces per unit in projects with paratransit
service.

Single-room occupancy (SRO) living unit 0.5 space per unit plus 1 bicycle space per unit which can be locked.

Residential care facilities 1 uncovered space per 3 beds and 1 space per employee on the largest work shift.

Mobile home parks 1.75 spaces per unit, which may be in tandem, 1 of which must be covered.

Large family day care facilities 1 uncovered space per staff person other than the homeowner in addition to the required parking for
the residential building.

Emergency shelters 1 space for each employee on maximum shift.

Suppor�ve housing 0 spaces per unit.

Projects within ½ mile of a major transit
stop
0 spaces per unit.
34 SECTION 11. Chapter 18.090.180 is amended to read:

A. The purpose of these standards is to ensure that accessory dwelling units (ADUs) located in any zoning district do not adversely impact either adjacent parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the zoning district, while providing for needed housing opportuni�es for owners of eligible parcels. Accessory dwelling unit(s) may be established by the conversion of an a�c, basement, garage (with replacement of covered parking) or other por�on of a residen�al structure. Detached accessory dwelling units may also be established by the conversion of an accessory structure or by new construc�on. The city has determined that accessory dwelling units which are allowed on parcels with primary residences:

1. Provide for unmet housing needs;

2. Provide for efficient use of exis�ng public infrastructure; and

3. Provide rela�vely affordable housing.

B. Applicability. Accessory dwelling units are permited in any zoning district that permits residen�al uses, as well as on parcels that are developed with residen�al uses, subject to building permit approval. The primary dwelling unit(s) shall be completed and occupied prior or simultaneous to occupying an accessory dwelling unit. Government Code Sec�on 65852.2 shall supersede the permi�ng requirements and development standards outlined in this sec�on.

C. Property Development Standards. Accessory dwelling units shall comply with exis�ng building and fire codes, and any applicable design criteria, including but not limited to setbacks, height limits and maximum floor area ra�o. Accessory dwelling units are exempt from density calcula�ons. For purposes of reviewing a project for compliance with the applicable lot coverage, floor area ra�o and related development standards, an accessory dwelling unit is not considered an “accessory structure” or an “accessory use” as established under the provisions of Chapter

18.14 (Zoning Code Defini�ons). In addi�on, the following standards shall apply:

SECTION 12. Chapter 18.11.020 is amended to read:

18.11.020 Applicability.

A. General Requirements. Off-street parking facili�es shall be provided prior to occupancy of any structure herea�er built, enlarged, or altered in use. Such parking shall be permanently available and marked and maintained for parking purposes.
35 1. Building or other permits will be issued only a�er receipt of site plans clearly showing the design, loca�on, number and dimensions for parking facili�es and appurtenant features, according to the provisions of this chapter and construc�on standards of the city.

2. At the �me of major altera�on or enlargement of a structure or use there shall be provided off-street parking spaces in accordance with this chapter.

3. A minor excep�on to parking requirements may be granted by the planning director for change in use or expansions of commercial development or for addi�ons to single-family residences in certain circumstances. See Chapter 18.03. (Ord. 735-2020 § 5 (Exh. F)(part), 2020: Ord. 714-2017 § 4 (Exh. J) (part), 2017: Ord. 698-2015 § 3 (At. 1) (part), 2015) B. Excep�ons: Parking requirements outlined in Government Code Sec�on 65863.2 shall supersede the parking requirements outlined in this sec�on.

SECTION 13. Chapter 18.13.060 is amended to read:

18.13.060 Density bonus provisions.

A. Density bonuses and incentives shall be offered by the City pursuant to the provisions of Government Code Chapter 4.3.

B. Parking ratios shall be allowed for affordable housing pursuant to the provisions of Government Code Chapter 4.3.

C. These density bonus and incen�ve provisions shall be understood to be amended by opera�on of law in the event and to the extent the State Density Bonus Law is amended.

SECTION 14. Chapter 18.14.030 is amended to read:
“Emergency shelter” means a lodging facility sponsored and/or administered by a governmental or nonprofit social services organiza�on for the purpose of providing temporary housing for homeless families or individuals, batered women or children, or for similar social service or charitable purposes. “Employee Housing” means housing for five or more employees that meets the following criteria:
• Living quarters provided in connec�on with any work, whether or not rent is involved. • Housing in a rural area that is:
o Provided by someone who is not an agricultural employer, and o Provided for agricultural workers employed by any agricultural employer. 36 “Equipment rental yard” or “contractor yard” means a use providing for maintenance, servicing, or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribu�on of supplies or construc�on materials required in connec�on with a business ac�vity, public u�lity service, transporta�on service or similar ac�vity. The term “contractor yard” shall include a construc�on materials yard, vehicular service center; or similar use. “Family” means an individual or two or more persons living as a single housekeeping unit or household and sharing common living, sleeping, cooking and ea�ng facili�es. “Farm” means any premises on which a primary use is the breeding, raising, or maintaining of animals or raising of crops for sale or where the primary income from the premises is derived from such uses.

SECTION 15. Chapter 18.14.030 is amended to read:
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and the rear lot lines. Width measurements for cul-de-sac or otherwise odd-shaped lots shall be determined on the basis of the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

37 “Low-barrier naviga�on center means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facili�es while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best prac�ces to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a popula�on-specific site, such as for survivors of domes�c violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as par��ons around beds in a dormitory se�ng or in larger rooms containing more than two beds, or private rooms.
“Lumen” means the unit used to quan�fy the amount of light energy produced by a lamp. For example, a forty-wat incandescent lamp produces approximately four hundred lumens, while a thirty-five-wat high pressure sodium lamp produces about two thousand three hundred lumens.

SECTION 16. Chapter 18.14.030 is amended to read:
“Pennant” means a commercial sign, with or without characters, leters, illustra�ons, or ornamenta�ons, applied to cloth, paper, fabric, or other lightweight material, with only such material for a backing, atached to a pole or structure or hung by cord, and used to draw aten�on to a site. 38 “Permanent Suppor�ve Housing” means rental housing with no limit on length of stay, occupied by a special needs popula�on as specified in the housing element, with on-site or off-site services assis�ng residents to retain their housing, improve their health status, and maximize their ability to live and, where possible, work in the community. See also "suppor�ve housing." Permited Use or Uses. The only uses permited within a zoning district are those that are listed as principal permited uses, accessory uses, and condi�onal uses for that district. Principal permited uses are allowed without a use permit. Accessory uses are allowed without a use permit, but must be incidental and customarily appurtenant to a principal permited use exis�ng on the same parcel and as provided in the regula�ons for each district. Condi�onal uses may be commenced only a�er a condi�onal use permit has been obtained for such uses and the use must be carried on in compliance with all terms and condi�ons of the condi�onal use permit.

SECTION 17. Chapter 18.14.030 is amended to read:
“Structure” means anything constructed or erected that requires a loca�on on the ground, including a building, swimming pool or gas/liquid storage tank that is principally above ground but not including access drives, walkways or a fence or wall used as a fence if the height does not exceed six feet. “Suppor�ve housing” means housing with no limit on length of stay, that is occupied by the target popula�on, and that is linked to an on-site or off-site service that assists the suppor�ve housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. See also “permanent suppor�ve housing.” “Tandem parking” means parking space configura�on where two or more parking spaces are lined up one behind the other.

SECTION 18. Chapter 17.04 is amended to read:

Chapter 17.04

GENERAL PROVISIONS

17.04.010 Short �tle.

The ordinance codified in this �tle shall be known and officially cited as the “Subdivision Ordinance of the City of Cloverdale.” (Ord. 435-89 § 1.10, 1989)
39 17.04.020 Administra�on & Review Authority
A. Responsibility for Administra�on. The Planning Director and City Engineer are authorized and directed to administer and enforce the provisions of this Subdivision Ordinance and applicable provisions of the Map Act for subdivisions within the city.

B. Review Authority.

1. Parcel Maps (four or fewer parcels): The Planning Director and City Engineer shall have decision-making authority.

2. Tenta�ve Maps (greater than four parcels): The Planning Commission shall have decisionmaking authority. Ac�on on final maps lies under the authority of the City Council.

3. Lot Line Adjustments/Mergers/Condominium Conversions: The Planning Director and City Engineer shall have decision-making authority.

C. Excep�on: A local agency shall ministerially consider, without discre�onary review or a hearing, a parcel map or a tenta�ve and final map for a housing development project that meets the criteria outlined in Government Code Sec�on 66499.41, as amended, and parcel maps consis�ng of four parcels or less.]

17.04.030 Subdivision Map Act applicable—Compliance.

For the purpose of promo�ng the public health, safety, convenience and general welfare, the design, improvement and survey data of subdivisions, and the form and content of tenta�ve, final and parcel maps thereof, and the procedure to be followed in securing official approval thereof shall be governed by the provisions of the Subdivision Map Act, Title 7, Division 2, of the Government Code, as amended from �me to �me, adopted by the Legislature of the state, and by the addi�onal provisions of this �tle, and shall comply with the provisions of the general plan and other related ordinances of the city. (Ord. 435-89 § 1.30, 1989)
In the event of any conflicts between the provisions of this Subdivision Ordinance and the Subdivision Map Act, the Map Act shall govern.

17.04.040 Purpose of provisions—New concepts.

It is the purpose of this �tle to encourage new concepts and innova�ons in the arrangement of building sites within subdivisions. Devia�ons from the tradi�onal mechanical approach to the subdivision of land are encouraged in order to facilitate the ul�mate development of the land in a manner that will be commensurate with contemporary living paterns and technological progress. (Ord. 435-89 § 1.40, 1989)

17.04.050 Reserved
40 17.04.060 Public hearing requirements.

A. When required by this �tle, the Planning Commission and / or City Council shall hold public hearings on the subdivision prior to making a decision. Public hearings shall be no�ced in a manner consistent with Sec�ons 65090 and 65091 of the State Government Code including no�ce in a newspaper of general circula�on serving the community at least ten days in advance of the hearing. The parcel which is the subject of the subdivision shall also be no�ced by pos�ng ten days prior to hearing. Property owners within three hundred feet of the parcel to be subdivided as listed on the city’s most current ownership rolls, shall be no�ced at least ten days prior to the hearing. The owner of the parcel to be subdivided, or his authorized agent, or any appellant in the case of an appeal, shall be no�ced at least ten days prior to the hearing. Any local agency that could be affected by the subdivision shall be no�fied at least ten days prior to the hearing. The planning commission, or city council when appeals are involved, shall render its decision within ten days of the close of the public hearing.

B. During the public hearings, the planning commission shall accept all tes�mony, writen or verbal, from all par�es desiring to express themselves regarding the subdivision. (Ord. 435-89 § 1.60, 1989)

17.04.070 Appeal procedure.

Appeals are available from all subdivision decisions by the planning commission to the city council.

Appeals are to be in wri�ng on a form provided by the city including a statement for the reason of the appeal. A fee may be required by the city to cover the costs of appeal processing. Such fee may be set by resolu�on of the city council. All appeals must be made within ten days of the planning commission’s decision. The subdivider, other interested par�es, or the city council may appeal. Appeals must be processed in accordance with the �me limits set forth in this �tle. (Ord. 435-89 § 1.70, 1989)

17.04.080 Persons who may appeal.

For the purpose of this �tle the class of appellant shall be limited to:

A. Those who have a legal interest in the official property; B. Those who have submited evidence into the hearing record; or C. Those property owners within three hundred feet of the subject property. (Ord. 435-89 § 1.80, 1989)

17.04.090 CEQA Guidelines applicable.

A. All subdivisions shall be subject to the provisions of the State Government Code, Sec�on 21000, otherwise known as the California Environmental Quality Act (CEQA) and associated Guidelines (Sec�on 15000).

B. All subdivisions, unless exempted under CEQA Guidelines, shall be considered projects and shall include, prior to any decision, an ini�al study and a determina�on of whether any significant environmental impact will result. The determina�on of whether a nega�ve declara�on or Environmental Impact Report (EIR) is warranted shall be rendered prior to any decision on the subdivision. (Ord. 435-89 § 1.90, 1989)
41 17.04.100 Document processing �me limits.

The city shall process all subdivisions within the �me limits set forth below and consistent with the appropriate provisions of the Subdivision Map Act and the California Environmental Quality Act.

A. The planning commission shall render its decision within fi�y days of acceptance of the subdivision applica�on, including adop�on of any nega�ve declara�on.

B. If an environmental impact report is prepared for the tenta�ve or parcel map, the fi�y-day period specified above shall not be applicable and the planning commission shall render its decision within forty-five days a�er cer�fica�on of the EIR unless subject to a ninety-day extension by mutual consent of the subdivider and the city planning director.

C. When appealed to the city council, the council shall hold the appeal hearing within thirty days of the appeal being filed and shall render its decision within ten days of the close of the public hearing. (Ord. 435-89 § 1.100, 1989)

17.04.110 Expira�on of subdivision approvals—Extensions.

Unless extended by the planning commission, all approvals of subdivisions shall expire in accordance with the �me limits set forth below.

A. Parcel Maps. Twenty-four months from planning commission (or city council appeal) approval date; B. Tenta�ve/Final Maps. Twenty-four months from planning commission (or city council appeal) approval date;
C. Extensions. Upon writen request by the applicant submited at least thirty days prior to the expira�on of the twenty-four-month approval period an automa�c extension of sixty days shall be given in accordance with the Subdivision Map Act. Upon writen applica�on to the planning commission, a further twelve-month extension to the approval date may be granted. (Ord. 435-89 § 1.110, 1989)

17.04.120 Failure to record maps—Effect.

Any failure to record a parcel map or final map within two years from the approval or condi�onal approval of the tenta�ve map, or prior to the expira�on of any extension thereof granted, shall terminate all proceedings. (Ord. 435-89 § 1.111, 1989)
SECTION 19. Chapter 17.48.010 is amended to read:

17.48.010 Preparation and filing procedures.

A. Where required by the provisions of this title to go before the Planning Commission, tentative parcel maps, as set out in the Subdivision Map Act, shall be prepared and filed with the secretary of the planning commission. Tentative maps must be filed with a nonrefundable processing fee in an amount established by resolution of the city council.
42 B. In accordance with Government Code Section 66428, the requirement for a parcel map may be waived if it finds that the proposed division of land complies with such requirements as may be established by the Subdivision Map Act or the provisions in this title or other relevant local ordinances as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection, and other requirements of the Subdivision Map Act and this title. (Ord. 435-89 § 11.01, 1989) SECTION 20. Chapter 17.48.050 is amended to read:

17.48.050 Review and recommendations.

When required to go before the planning commission or city council, the project review committee and other officers or departments shall review the map and shall make a report and recommendations to the Planning Commission or City Council. (Ord. 435-89 § 11.05, 1989) SECTION 21. Chapter 15.34 is deleted in its en�rety and its space is reserved for future use:

Chapter 15.34

RESERVED
SECTION 22. RECITALS
A. Amendments to Cloverdale Municipal Code (CMC) Title 15 (Buildings and Construc�on), Title 17 (Subdivisions) and Title 18 (Zoning) are necessary to in an effort to effectuate Implementa�on Program IP-2.3.3 of the Housing Element, to ensure consistency between the Cloverdale Municipal Code (CMC), General Plan and Zoning Ordinance, and to bring the code into conformity with state law.

B. On March 5, 2024, the Planning Commission held a properly no�ced public hearing regarding the Zoning and Municipal Code text amendments, considered all comments received in wri�ng and all tes�mony received at the public hearing and adopted PC Resolu�on No. XYZ-2024 recommending approval of the Ordinance amending the Municipal Code in order to improve the general community and residents’ quality of life by ensuring conformity with state law and consistency between the CMC and General Plan.

C. In an effort to implement Implementa�on Program IP-2.3.3 of the Housing Element and to ensure consistency between the CMC, state law and General Plan, the Planning Commission by adop�on of Resolu�on 003-2024 has recommended revisions to CMC Chapter 17.04; Sec�on 17.48.050; Sec�on 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Sec�on 18.05.020(B) & (E); Table 43 18.05.030-A; Sec�on 18.09.180; Chapter 18.09; Sec�on 18.11.020; Table 18.11.050-A; Sec�on

18.13.060; Sec�on 18.14.030 and dele�ng Chapter 15.34 and Sec�on 18.02.100, and revising related provisions of the Cloverdale Municipal Code, to ensure internal consistency would be maintained.

D. An Addendum to the General Plan EIR was adopted for the Housing Element Update. The proposed code amendments are also exempt from CEQA under Sec�on 15061(b)(3)) because they would establish new or revised development standards and future development is s�ll subject to permi�ng and, would s�ll require individual review for compliance with CEQA. Finally, Government Code Sec�on 65852.21 and 66411.7 explicitly state that ordinances such as the one proposed here, adopted in order to implement state law, would not cons�tute a “project” under CEQA.

E. The City Council makes the following findings listed in Sec�on 18.030.080 (E) related to a Zoning Ordinance Amendment to delete Cloverdale Municipal Code (CMC) Chapter 15.34: Residen�al Growth Management Plan and Sec�on 18.02.100: Residen�al Growth Management and amend Chapter 17.04; Sec�on 17.48.050; Sec�on 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Sec�on 18.05.020(B) & (E); Table 18.05.030-A; Sec�on 18.09.180; Chapter 18.09; Sec�on

18.11.020; Table 18.11.050-A; Sec�on 18.13.060; Sec�on 18.14.030.

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

The zoning and municipal code text amendments effectuate implementation of Housing Element Implementation Program IP-2.3.3. At their base, the amendments are intended to reduce regulatory constraints in the housing development process and aid in the ultimate construction of various types of new residential dwelling units. The amendments also help streamline the approval process on a variety of housing unit types and will enable the development of these units affordable to owner and renter households at all income levels.

Finally, as some of the amendments are made to bring various aspects of the Cloverdale Municipal Code (CMC) into compliance with State law, the amendments have been determined to be consistent with the goals, policies and implementation measures of the General Plan.

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

The text amendments include revisions to various sections of the Zoning and Municipal Code, including delete Cloverdale Municipal Code (CMC) Chapter 15.34: Residential Growth Management Plan and Section 18.02.100: Residential Growth Management and amend Chapter 17.04; Section 17.48.050; Section 18.03.150; Table 18.04.040-A; Table 18.04.050-A; Section 18.05.020(B) & (E); Table 18.05.030-A; Section 18.09.180; Chapter 18.09; Section

18.11.020; Table 18.11.050-A; Section 18.13.060; Section 18.14.030 These amendments are internally consistent with all applicable provisions of the Zoning and Municipal Code as they have been revised to reduce regulatory constraints in the housing development process and aid in the ultimate construction of various types of new residential dwelling units by ensuring consistency between the CMC, General Plan and Zoning Ordinance and state law. 44 3. The proposed amendment will not be detrimental to the public health, safety, or welfare or to the use of land in any adjacent zone.

Although one of the main goals of implementing these zoning and municipal code text amendments is to help streamline the approval process for various types of housing units, it does not eliminate the need for a Building Permit. The Building Permit review process ensures that the Building, Planning and Engineer Departments, as well as the Fire District all have an opportunity to review development plans prior to permit issuance. The Building Permit process also helps to ensure that the construction of residential, commercial and industrial structures within the City is not detrimental to the public health, safety, or welfare or materially injurious to properties and improvements in the vicinity as construction is required to be in compliance with the latest adopted CA Building and Fire codes.

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

The zoning and municipal code text amendments ensure consistency between the CMC, General Plan and Zoning Ordinance, as well as conformity with state laws. All of these amendments implement relaxed standards for uses that are otherwise already allowed or are similar to uses already allowed within the same zoning district or another zoning district within the City. Any future construction is still required to obtain all necessary permits and comply with all applicable development standards.

F. On March 27, 2024, the City Council held a properly noticed public hearing regarding these Zoning and Municipal Code text Amendments and considered all comments received in writing and all testimony received at the public hearing.

SECTION 23. PURPOSE AND INTENT
The purpose and intent of these changes is to improve the general community and residents’ quality of life by ensuring consistency between the CMC, General Plan and Zoning Ordinance, as well as to bring the code into conformity with state law.

SECTION 24. FINDINGS
The above recitals are hereby declared to be true and correct and hereby incorporated herein as the required Findings of the City Council of the City of Cloverdale.

SECTION 25. AMENDMENTS TO TITLE 10 AND TITLE 18 OF THE CLOVERDALE MUNICIPAL CODE Title 15, Title 17 and Title 18 are amended as listed below and as set forth and detailed in SECTION 1 of this Ordinance.

Chapter 15.34 (Residential Growth Management Plan) DELETED Section 18.02.100 (Residential Growth Management) DELETED Chapter 17.04 (General Provisions)
Section 17.48.050 (Review and Recommendations)
45 Section 18.03.150 (Design Review)
Table 18.04.040-A (Uses Permitted within Residential Zoning Districts) Table 18.04.050-A (Residential Site Development Standards) Section 18.05.020(B) (Intent of Downtown Commercial Zoning District) Section 18.05.020(E) (Intent of Service Commercial Zoning District) Table 18.05.030-A (Uses Permitted within Commercial Zoning Districts) Section 18.09.180 (Accessory Dwelling Units)
Chapter 18.09 (Special Provisions and Development Standards) Section 18.11.020 (Applicability)
Table 18.11.050-A (Off-Street Vehicle Parking Requirements by Land Use) Section 18.13.060 (Density Bonus Provisions)
Section 18.14.030 (Definitions)
SECTION 26. SEVERABILITY
If any provision of this Ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, or preempted by State legisla�on, such decision or legisla�on shall not affect the validity of the remaining por�ons of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each and every sec�on, subsec�on, sentence, clause or phrase hereof not declared invalid or uncons�tu�onal without regard to any such decision or preemp�ve legisla�on.

SECTION 27. EFFECTIVE DATE
This Ordinance shall be and the same is hereby declared to be in full force and effect from and a�er thirty (30) days a�er the date of its passage and shall be published once before the expira�on of fi�een (15) days a�er said passage, with the names of the Council Members vo�ng for or against the same, in a newspaper of general circula�on published in the County of Sonoma, State of California.

I hereby cer�fy that the foregoing is a true and complete copy of an Ordinance duly and regularly adopted by the City at a regular mee�ng thereof held on March 27, 2024, by the following vote:

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

NOES:

ABSENT:

ABSTAIN:

Approved Atested
________________________ _____________________________
Todd Lands, Mayor Michael Maloney, City Clerk
46 City Council/Successor Agency
Agenda Item Summary Agenda Item: H.1
Meeting Date: April 10, 2024
Agenda Section:

Public Hearing
Staff Contact:

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

Issuance of Tax-Exempt Bonds by California Municipal Finance Authority for the Alexander Valley Apartments Affordable Housing Project
________________________________________________________________________________________ Recommended Council Action(s):

Conduct a Public Hearing and Adopt a Resolution Entitled, “A resolution of the City Council of the City of Cloverdale approving the issuance of the California Municipal Finance Authority Exempt Facility Bonds for a qualified residential rental project in an aggregate principal amount not to exceed $25,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of Alexander Valley Apartments and certain other matters relating thereto.” ________________________________________________________________________________________ Background:

Pacific West Communities, Inc., has asked that the California Municipal Finance Authority (the “CMFA”) be the issuer of tax-exempt financing in an amount not to exceed $25,000,000 of tax-exempt revenue bonds.

The developer requested that the CMFA adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 The proceeds of the Bonds will be used to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 400 Asti Road, Cloverdale, California.

California Municipal Finance Authority:

The CMFA is a joint powers authority formed to assist local governments, non-profit organizations, and businesses with the issuance of both taxable and tax-exempt debt. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing. Since 2004, over 350 municipalities, including the City of Cloverdale, have become members of CMFA. The City of Cloverdale entered into a Joint Power Agreement with CMFA on August 27, 2012.
________________________________________________________________________________________ Summary:

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Cloverdale must conduct a public hearing pursuant to the federal Tax Equity and Fiscal Responsibility Act or TEFRA because the project is located within Cloverdale’s boundaries. The public hearing (the “TEFRA Hearing”) provides for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.
47 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 2 of 2 ends

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

In light of the foregoing, and in order to support affordable housing, staff recommends that the City conduct the TEFRA Hearing and adopt the resolution in favor of the issuance of the Bonds by the CMFA. If the City Council opts to not approve the TEFRA resolution, it would be necessary for the project sponsors to seek approval by an entity in whose jurisdiction the project is located including either the County of Sonoma or State of California. Accordingly, if Cloverdale rejects or otherwise does not approve the resolution, the developer can seek approval from the County or State. The entity holding the TEFRA hearing receives a small portion of the issuance fees. According to CMFA staff, the fee is approximately $12,500. If the County approves the TEFRA hearing, they would be the recipient of the share of the issuance fees rather than the City.
________________________________________________________________________________________ Options:

1. Reject the Resolution; or

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

The draft resolution approving the issuance of California Municipal Finance Authority Exempt Facility Bonds was reviewed by the Finance Administration & Police Subcommittee on April 1, 2024. The Subcommittee recommended legal review of the resolution prior to the Council meeting to determine if the City Council is obligated to adopt the resolution.
________________________________________________________________________________________ Budget/Financial Impact:

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Cloverdale, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.
________________________________________________________________________________________ Attachments:

1. Resolution

2. Master CMFA JPA
48

Page 1 of 2 ends

CITY OF CLOVERDALE

CITY COUNCIL
RESOLUTION NO. ____-2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING THE ISSUANCE OF THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE

PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND

EQUIPPING OF ALEXANDER VALLEY APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Cloverdale Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 400 Asti Road, Cloverdale, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Cloverdale (the "City") because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

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

Section 1. The foregoing resolutions are true and correct.

Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. 49

Page 2 of 2 ends

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

The foregoing Resolution was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 10th day of April 2024 by the following roll call vote:

Yes:

No:

Abstain:

Absent:

None
APPROVED: ATTEST:
______________________________ ____________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
50 51
52 53
54 55
56 57
58 59
60 61
Dear Cloverdale City Council Members
re:Resolution concerning Issuance of Tax-Exempt Bonds by the California Municipal Finance Authority for the Alexander Valley Apartments Affordable Housing Project (to be considered at the April 10 Council meeting) Affordable housing is a critical issue throughout the State of California and Cloverdale is not exempt.The approved Alexander Valley Apartment complex at 400 Asti Road will be constructed to offer housing respite to fellow Cloverdalians, many of whom are currently residing in sub-standard conditions.Adoption of the Tax Equity and Fiscal Responsibility resolution confirms Council’s approval of the issuance of tax exempt bonds to assist with finance of this previously sanctioned project. The resolution confers no fiscal obligation on the City.

We are writing to voice my support for the resolution.

As stated by city staff in the Agenda Item Summary, a no vote will not prevent the project from moving forward as sponsors would simply seek ~ an likely gain ~ approval from the County of Sonoma or the State of California.

By rejecting the resolution however, the message the Council is sending to city citizens of lesser means is simply, “You don’t belong here.”You may also put the town at significant risk of a lawsuit from the state of California which will take substantial amounts of funds that would be much better spent elsewhere.

Thank you, in advance, for doing the right thing.

Sincerely,
Geoff and Nancy Dalwin
____________________
From: nancy
To: City Council
Subject: Alexander Valley Apartments AHP
Date: Monday, April 08, 2024 3:29:06 PM
62 Nancy Harris Dalwin
Looking Glass Farm
Cell: (415) 317-4626
Fax:(415)358-8433
[email protected]
Alice laughed. "There's no use trying," she said: "one can't believe impossible things." "I daresay you haven't had much practice," said the Queen. "When I was your age, I always did it for half-an-hour a day. Why, sometimes I've believed as many as six impossible things before breakfast." 63 From: kirsten sullivan
To: City Council
Subject: Public hearing on apartments 4-10-24
Date: Monday, April 08, 2024 3:31:15 PM
The following is my comments for the public hearing regarding the the low income apartments.

Dear Council Members,
re:Resolution concerning Issuance of Tax-Exempt Bonds by the California Municipal Finance Authority for the Alexander Valley Apartments Affordable Housing Project (to be considered at the April 10 Council meeting)
Affordable housing is a critical issue throughout the State of California and Cloverdale is not exempt.The approved Alexander Valley Apartment complex at 400 Asti Road will be constructed to offer housing respite to fellow Cloverdalians, many of whom are currently residing in sub-standard conditions.Adoption of the Tax Equity and Fiscal Responsibility resolution confirms Council’s approval of the issuance of tax exempt bonds to assist with finance of this previously sanctioned project. The resolution confers no fiscal obligation on the City.

I am writing to voice my support for the resolution.

By rejecting the resolution however, the message the Council is sending to city citizens of lesser means is simply, “You don’t belong here.” As you consider your choices on this resolution, kindly recall these oft-inconvenient words of Jesus: ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’ (Matthew 25:40)
Thank you, in advance, for doing the right thing.

Kirsten Sullivan
Cloverdale
64 From: Richard H Greene
To: City Council
Subject: Affordable Housing, Mobile Home Vacancy Control and TEFRA Date: Monday, April 08, 2024 10:00:00 AM
Dear Council Members,
The April 10th Council meeting agenda includes the topic of Affordable Housing. I would like the Council to consider drafting into the ordinance the annual limit of rent increases be tied to the lower of the two criteria (3% or 70% of the Consumer Price Index). This is in line with the limits imposed in ordinances passed by other cities in Sonoma County.

On the issue of Vacancy Control, which addresses mobile home space rental increases, a sensible limit must be imposed. Keep housing affordable for our marginalized community members who are living on fixed or limited means and often in sub-standard housing.

The effort being lent to avoiding local discussion of TEFRA bond disbursements seems, to me, to be misguided. This local discussion is part and parcel of what local government is supposed to do. Kicking the discussion up to the County level is like burying your head in the sand. Please do the job your fellow citizens depend on you to do for our collective good.

Sincerely,
Richard Greene
65 From: Molly Fisher
To: City Council
Subject: TEFRA hearing
Date: Monday, April 08, 2024 12:09:20 PM
Thank you Mayor, Vice Mayor, Councilmembers, and Staff,

I urge you to proceed with planning the TEFRA hearing for the Alexander Valley Apartments.

You haven’t heard from me about it before now, but I’ve always been in favor of moving forward with this apartment building. Housing for agricultural workers and their families is vital in our community.

I live around the corner from the 37-unit Cloverdale Family Apartments by Washington School, for which there was also a TEFRA hearing in 2012, as Councilmember Wolter may remember. It’s a lovely place, and my neighbors there are great.

The unprecedented action of denying the TEFRA hearing is not the way. It will be a very expensive protest. Please do not create a divisive, expensive, and destined-to-fail legal battle with the State of California over this hearing, after all the work you’ve done getting to this step.

There are organizations, such as “Our Neighborhood Voices,” working to draft a State of California ballot initiative to roll back some California’s so-called anti-NIMBY laws. If you want change at the state level, that’s a better way to do it.

Congratulations to you and to our planning commission on getting to the funding step for this project. This has been a lot of work, and I commend you all.

Molly Fisher
102 Syrah Ct.

Cloverdale, CA 95425
(707) 477-6456
66 City Council/Successor Agency
Agenda Item Summary Agenda Item: I.1
Meeting Date: April 10, 2024
Agenda Section:

New Business
Staff Contact:

Alex Mog, City Attorney
Agenda Item Title:

Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks ________________________________________________________________________________________ Recommended Council Action(s):

General Information
Cloverdale Municipal Code Chapter 5.36, Rent Control in Mobile Home Parks, establishes a regulatory scheme for rent increases in mobile home parks located within the City. The Ordinance was adopted in 1986 but has not been enforced or followed in many years. Staff searched City records going back to at least 2000 but have been unable to determine why or when the ordinance stopped being enforced or followed. Many elements of Chapter 5.36 are unenforceable or otherwise out-of-date.

The United States Supreme Court and California Supreme Court have held that rent stabilization (commonly referred to as rent control) is a proper exercise of a local government’s police power if it is calculated to eliminate excessive rents, as long as it provides landlords with just and reasonable returns on their property.

Rent control ordinances must provide a mechanism for ensuring landlords receive a “just and reasonable” return on their property. A “just and reasonable” return is one that is “sufficiently high to encourage and reward efficient management, discourage the flight of capital, maintain adequate services, and enable [landlords] to maintain and support their credit status.”1 This is commonly know as a “fair return”.

Mobile home parks differ significantly from traditional residential units. In general, mobile home park residents own the mobile home in which they live. Mobile home park residents pay space rent to the park owners in order to locate their mobile home in a space within the park. The term “mobile home” is largely a misnomer since it is very difficult to move or relocate a mobile home once it has been installed in a specific location. This can make mobile home park residents especially sensitive to rent increases, since moving to a different location may require them to abandon the mobile home they previously purchased, unless they can find a new buyer. In addition, the value of the mobile home depends largely on the amount of the rent for the mobile home space on which it is located.
1 See Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Board (1999) 70 Cal.App.4th 281, 288-289; MHC Operating Limited Partnership v. City of San Jose (2003) 106 Cal.App.4th 204, 220. 67 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 2 of 6 ends

Sonoma County has a rent control ordinance that applies to mobile home parks within unincorporated areas of the County. Similarly, the cities of Cotati, Santa Rosa, Sebastopol, and Sonoma, as well as the Town of Windsor, have mobile home rent control ordinances within their jurisdictions.

Consideration of Mobile Home Control Ordinance
The Finance, Administration, and Police (“FAP”) Subcommittee first considered the City’s rent control regulations for mobile home parks in late 2023, and directed the City Attorney’s Office to begin preparing an ordinance to repeal existing Chapter 5.36, and replace it with new regulations. The City Attorney’s Office sought direction from the FAP Subcommittee on specific terms for the proposed Ordinance during a meeting on February 5, 2024, and then from the full City Council on February 14, 2024. The City Council directed that the matter be referred back to the FAP Subcommittee for further consideration. At that time, the Council also directed that potential changes to the Zoning Code to enact protections for mobile home residents be deferred until after the rent control ordinance was adopted and implemented.

The FAP Subcommittee met again to consider the key terms in a proposed ordinance on March 4, 2024. The City made an effort to notify park owners and residents of this meeting, which was held at the Fire Sation to accommodate larger crowds. The FAP Subcommittee heard from representatives of both park owners and residents, and engaged in considerable discussion with the public in attendance before making recommendations regarding the key terms in the proposed ordinance. Those recommendations are the basis for the proposed ordinance.

The Subcommittee directed the City Attorney to prepare an ordinance for the City Council to introduce and hold a first reading on. The full City Council retains the authority to make any changes to the ordinance it deems appropriate. If the desired changes only require small edits to the text of the proposed ordinance, it may be possible to make those changes during the April 10 City Council meeting and proceed with introducing the ordinance at that meeting. If the more significant changes to the proposed text of the ordinance are desired, it will be necessary to postpone introduction of the ordinance until the April 24 Council meeting, so that new legislative text can be prepared.
________________________________________________________________________________________ Summary:

The proposed rent control ordinance would repeal the existing Municipal Code Chapter 5.36 and replace it in its entirety with a new ordinance. The ordinance is long, because it must include clear procedural and substantive requirements in case disputes arise between park owners and residents. For example, if a park owner believes the ordinance is preventing it from obtaining a just and reasonable return, the ordinance must specify how to determine the park’s net operating income. This necessitates the ordinance having extensive definitions as to what qualifies as operating income or operating expenses.

Because of the length of the ordinance, the City Attorney has previously sought direction on certain key terms. The FAP Subcommittee provided directions on those terms. That direction is incorporated into the proposed ordinance, and described below.

1. Allowable Rent Increase.
68 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 3 of 6 ends

The most important and widely known element of a rent control ordinance is the allowable rent increase.

This is the amount a park owner may raise the space rent annually without obtaining special authorization.

In most jurisdictions, the allowable rent increase is tied to the annual percentage change in the consumer price index (“CPI”).

The proposed ordinance prohibits park owners from increasing the rent in any given year by an amount more than 3% or 70% of CPI, whichever is greater. For example, if the CPI is 2%, park owners would be allowed to increase space rents by up to 3% (since 3% is greater than, 1.4 %, which is 70% of 2%). If CPI is 6%, park owners would be allowed to increase rents by 4.2% (since 4.2%, which is 70% of 6%, is greater than 3%). Park owners can always choose to increase the rent by less than the maximum allowed.

The ordinance specifies that the CPI should be calculated based on the annual change in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Region, as measured from December to December of each year. That CPI measure is generally available in mid-January. That number will be the maximum amount that rent can be increased during the calendar year, although the exact timing of any rent increase will be at the discretion of the park owner (in compliance with applicable state laws).

For reference, below is a chart showing the allowable rent increases in other Sonoma County jurisdictions.2

Public Entity Rent Increase Cap Vacancy Control Rent Increases for In-Place Transfer
Petaluma 4% or 70% of CPI,
whichever is less
No cap if lawful vacancy No increase allowed
Santa Rosa 4% or 70% of CPI,
whichever is less
No cap if lawful vacancy 10% increase allowed
Windsor 4% or 75% of CPI,
whichever is less
No cap if lawful vacancy 15% increase allowed
Sebastopol 3% or 75% of CPI,
whichever is less
No cap if lawful vacancy No increase allowed
Rohnert Park 4% or one-half of one
percent less than the
percentage increase in
the CPI, whichever is less
Lawful vacancy not
contemplated-no new base rent
allowed. New construction
exempted.

No increase allowed
Sonoma County 4% or 70% of
CPI, whichever is less
No cap if lawful vacancy 5% increase allowed
Cotati 6% or 100% CPI,
whichever is less
No cap if lawful vacancy No increase allowed
Sonoma 80% of CPI No cap if lawful vacancy 5% increase allowed, with conditions

2. Vacancy Control
2 This information if from a report presented to the Board of Supervisors on October 24, 2023. It has not been independently verified by City staff. The chart uses “in-place transfer” to refer to the transfer of an existing mobile home in a park to new occupants, regardless of whether those occupants are new or existing residents of the park. 69 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 4 of 6 ends

If a rent control ordinance includes vacancy control, the park owner is prohibited from increasing the rent, or limited in how much the rent can be increased, when a vacancy occurs in a mobile home space. While California law prohibits vacancy control in traditional residential units, it is allowed for mobile home spaces.

There are different possible approaches to vacancy control:
• No restrictions
• Restriction on the rent the park owner can charge any type of new residents • Restriction on the rent the park owner can charge any new residents moving into an existing unit in the park.
• Restrictions on the rent the park owner can charge existing residents of the park that move to a new unit in the park.
• Restrictions on the rent the park owner can charge certain new residents occupying specific mobile homes (such as the immediate family members of the prior owner of a mobile home park).

The purpose of rent control is usually to ensure that existing residents are not priced out and can remain in their homes. Vacancy control does not further this purpose, since it applies when a vacancy occurs. Vacancy control can potentially help maintain mobile homes as an affordable housing option by keeping space rents low in parks. However, there is a potential that restricting space rents from increasing following a vacancy simply increases the cost of purchasing the mobile homes on those spaces.

The proposed ordinance does not include any type of vacancy control. Accordingly, the park owner may raise the mobile home space rent to any amount when a new resident occupies a mobile home space. For reference, the above chart shows what other Sonoma County jurisdictions have any type of vacancy control.

3. Rent Review Body
As discussed above, park owners are entitled to a just and reasonable return. If the standard allowable rent increase does not allow park owners to receive a just and reasonable return, they must be able to apply for an additional increase. The entity reviewing that application will review financial information to determine whether an additional rent increase is necessary for the park owner to receive a just and reasonable return.

Many jurisdictions in Sonoma County have adopted a process whereby park owners notify the residents of the proposed special rent increase, and then have a mandatory meeting with residents to provide them with information regarding the rent increase. The meeting is facilitated by the Director of the Sonoma County Community Development Commission. Residents then have a period of time to submit a petition objecting to the rent increase. If a sufficient percentage of residents sign the petition, there is an arbitration hearing before an arbitrator appointed by the Director of the Sonoma County Community Development Commission. The arbitrator will hold a hearing and issue a binding decision as to whether an additional rent increase is authorized in order for the park owner to obtain a just and reasonable return.

The proposed ordinance includes the procedures described above. However, the ordinance provides that if the City has not entered into a contract with the Sonoma County Community Development Commission, or if the Commission is unable to hold the necessary meetings/hearing in Cloverdale, the City Manager is 70 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 5 of 6 ends

authorized to appoint a neutral hearing officer to handle the matter. The hearing office would not be a City employee, but rather an outside individual with certain minimum qualifications.

4. Date for Determination of Base Rent.

The ordinance must also determine the date that will be used for establishing the base rent. The base rent in the amount that the park owner may charge after the ordinance takes effect, until the next annual allowable rent increase is implemented.

The proposed ordinance establishes base rent as the rent in effect on January 1, 2024. During 2024, park owners may increase the base rent for each resident by an amount of no more than the maximum allowable rent increase. If park owners previously increased a resident’s rent by an amount greater than the maximum allowed under the ordinance, the park owner must decrease the rent to the allowable maximum. However, the park owner is not required to refund the increased rent they collected during that intervening time period.

5. Long Term Leases
The proposed ordinance exempts leases of over one year from the ordinance’s regulations regarding maximum annual rent increase. Such a lease can provide residents with certainty regarding the amount of the rent increase in future years, even though that amount may be higher than the otherwise allowable maximum rent increase in a particular year. The ordinance requires park owners to notify residents regarding the ordinance whenever a lease is signed, which ensures that residents know about the ordinance’s restrictions before deciding whether or not to enter into a long term lease.

6. Enforcement
Unless the City Council directs otherwise, there are no plans for City staff to proactively enforce the ordinance. Rather, like many laws, it will be up to individuals to enforce the ordinance directly. For example, a park resident who is charged an illegal rent can bring a small claims court against the park owner, or use the illegal rent increase as a defense against any eviction proceedings. Legal aid organizations are sometimes available to assist residents in these matters. More proactive enforcement by the City would require significant resources. While the City can charge parks a fee to recover the cost of administering the mobile home rent control program, park owners are entitled to pass along 50% of such fees to park residents.
________________________________________________________________________________________ Options:

1. Introduce the ordinance and conduct the first reading by title only;

2. Provide direction to City staff regarding changes to the proposed ordinance;

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

The FAP Subcommittee provided direction to staff regarding the key terms in the ordinance described above. ________________________________________________________________________________________ 71 City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 6 of 6 ends

Budget/Financial Impact:

The City will be responsible for the cost of administering the Mobile Home Rent Control Ordinance. Unless directed otherwise by the City Council, City staff does not plan to proactively enforce the ordinance. However, there will be some minimal staff and City Attorney time with implementing the ordinance, such as notifying residents and park owners of the ordinance and preparing a short FAQ to address common questions. After the initial implementation, City staff anticipates only occasional staff time being associated with the ordinance.

When park owners seek special rent increase, the City will charge the park owner an administrative fee. That fee will be included as part of the City’s Master Fee Schedule. The amount of the fee paid by the park owner can be incorporated into any rent increase approved through the fair return hearing process. ________________________________________________________________________________________ Attachments:

1. Draft Ordinance

2. Exhibit A

3. Presentation

4. Public Correspondence
72 Ordinance No. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE REAPLING AND REPLACING CLOVERDALE MUNICIPAL CODE CHAPTER 5.36,

RENT CONTROL IN MOBILE HOME PARKS, TO ADOPT NEW RENT CONTROL REGULATIONS FOR MOBILE HOME PARKS.

WHEREAS, the State of California recognizes, by the adoption of special legislation regulating tenancies of mobile home owners in mobile home parks, that there is a significant difference between homeowners in mobile home parks and other dwelling units; and

WHEREAS, the State likewise recognizes that homeowners in mobile home parks, unlike apartment tenants or residents of other rental housing stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased and not owned; and
WHEREAS, the City of Cloverdale has three (3) mobile home parks with a total of approximately one hundred eight three (183) spaces located within the City limits; and WHEREAS, mobile home spaces represent a significant portion of the affordable housing supply within the City; and
WHEREAS, mobile home parks are an important affordable housing resource for the Cloverdale’s seniors and low-income households; and

WHEREAS, it is often difficult to move mobile homes from one park to another due to the age and condition of some mobile homes and the limited availability of vacant spaces in mobile home parks; and

WHEREAS, it is often costly to move a mobile home and, in many instances, moving a mobile home requires separation of the mobile home from its appurtenances, which may create severe damage and depreciation in value to the mobile home; and WHEREAS, the City Council desires to adopt a new comprehensive mobile home rent control ordinance to help preserve mobile home parks as an affordable housing option and prevent displacement of mobile home park residents, many of whom are seniors, low-income, or otherwise potentially vulnerable to homelessness if displaced; and WHEREAS, the proposed ordinance would protect mobile home park residents from significant rent increases while ensuring that owners of mobile home parks continue to make a fair and reasonable return; and
WHEREAS, the Ordinance is intended to apply to all permanent residents of mobile home parks, regardless of whether the structure in which they reside meets the technical definition of a mobile home; and
73 WHEREAS, the City Council desires to adopt this Ordinance in order to protect and preserve the public health and welfare.

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

Section 1. Recitals.

The above recitals are true and correct and are incorporated into this Ordinance by reference.

Section 2. Repeal and Replace Chapter 5.36.

Chapter 5.36, Rent Control in Mobile Home Parks, of the Cloverdale Municipal Code, is hereby repealed and replaced in its entirety to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.

Section 3. CEQA.

The City Council hereby finds the approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal.

Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under Section 15061(b)(3) of the CEQA Guidelines. This Ordinance established regulations prohibiting excessive space rent increases in mobile home parks. No new development will result from the proposed action, no new use is authorized, and there is no change in the regulations governing the physical development of mobile home parks. Accordingly, it can be seen with certainty that no impact on the physical environment will result.

Section 4. Severability.

If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person, or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 5. Effective Date.

The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law. This Ordinance shall take effect thirty (30) days after its adoption.

INTRODUCED by the City Council of the City of Cloverdale on the 10th day of April 2024 and passed and adopted on April 24, 2024, by the following roll call vote:
74 AYES:

NOES:

ABSTAIN:

ABSENT:

None
SO ORDERED: ATTESTED:
________________________________ ________________________________ Todd Lands, Mayor Michael Maloney, City Clerk
75 EXHIBIT A
Chapter 5.36 RENT CONTROL IN MOBILE HOME PARKS

5.36.010 Findings and purpose.

5.36.020 Definitions.

5.36.030 Exemptions

5.36.040 Base Rent.

5.36.050 Establishment of New Rent After Vacancy

5.36.060 Allowed Rent Increases.

5.36.070 Special Rent Increases – Notice & Information Required to be Shared.

5.36.080 Special Rent Increases – Rent Dispute Process

5.36.090 Special Rent Increases – Arbitration Process

5.36.100 Standards of review.

5.36.110 Net Operating income

5.36.120 Implementation of Special Rent Increase.

5.36.130 Disclosures to Prospective Mobile Home Owner.

5.36.140 Translated Notices

5.36.150 Refusal of Mobile Home Owner to pay illegal rent.

5.36.160 Retaliation Prohibited

5.36.170 Rent stabilization administration fees.

5.36.180 Violation.

5.36.010 Findings and purpose.

A. Mobile Home Spaces represent a significant portion of the affordable housing supply within the City of Cloverdale. This ordinance is a comprehensive Mobile Home rent control ordinance intended to help preserve Mobile Home Parks as an affordable housing option and prevent displacement of Mobile Home Park residents, many of whom are seniors, low income or otherwise potentially vulnerable to Homelessness if displaced.

B. The purpose of this Chapter is to establish an efficient method for regulating Space rent increases in Mobile Home Parks in order to protect Mobile Home Owners from arbitrary, capricious or unreasonable rent adjustments while enabling Park Owners and/or operators and investors to earn a fair and reasonable return on their investment in their Mobile Home Parks.

C. The Ordinance provides Space rent stabilization protection to residents of recreational vehicles occupying Spaces in Mobile Home Parks for more than nine (9) months in recognition of the special status conferred by the recreational vehicle Park occupancy laws to such long-term residencies under Civil Code Section 799.45(b) and their similarity to Mobile Home tenancies.

D. The City Council intends that this chapter be interpreted and enforced fairly and equitably, in a nondiscriminatory manner, and in accordance with constitutional requirements. 76 5.36.020 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall be defined as follows:
“Administrator” shall mean the City Manager of the City of Cloverdale, or the City Manager’s designee.
"Affected Mobile Home Owners" means those Mobile Home Owners whose Space is not legally exempt from this Ordinance.
"Arbitrator" means a person who is: (1) neither a Mobile Home Owner nor has an interest in a Mobile Home Park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were a designated City employee, (2) has experience in analysis of financial records, and (3) meets one of the following criteria:
(a) Licensed attorney or certified public account in good standing who has experience in rental dispute hearings as an arbitrator or neutral fact finding; or (b) Retired judge.
“Base Rent” means the authorized rent pursuant to Section 5.36.040, as adjusted in accordance with this Chapter.
"Capital improvements" means those improvements that materially add to the value of the Mobile Home Park and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful remaining life of the improvement to the Park pursuant to the provision of the Internal Revenue Code. The term "capital improvements" does not include those costs associated with the normal maintenance and upkeep of facilities and premises which were reasonably intended to be part of consideration provided by the Park for rent.

Substantial rehabilitation of the Park that is necessitated as a result of the Park Owner's neglect, permissive waste, or deferred maintenance or acts of God shall not be regarded to be capital improvements. Proposed capital improvements claims must set forth an amortization table spreading the cost of the improvement over its proven useful life. Such costs must be separately itemized, if approved, on the monthly rent invoice. Monthly rent shall be decreased for such amortized capital improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the residents of the entire Park, and costs must be allocated over all beneficiaries of the improvement
"City" means the City of Cloverdale, California.
"Consumer price index" or "CPI" means the consumer price index for all Urban Consumers, San Francisco-Oakland-Hayward, CA Area, as published by the United States Bureau of Labor Statistics of the United States Department of Labor.
"Mobile Home" means a structure, designed for human habitation and for being moved on a street or highway under permit pursuant to California Vehicle Code Section 35790. Mobile 77 Home" includes a manufactured Home, as defined in Section 18007 of the California Health and Safety Code, and a Mobile Home, as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach, as defined in section 18001.8 of the California Health and Safety Code except when such a vehicle has continuously remained within a Mobile Home Park for a period in excess of nine (9) months.
"Mobile Home Park" or "Park" means any area of land within the City of Cloverdale where two or more Mobile Home Spaces are rented, or held out for rent, to accommodate Mobile Homes used for human habitation.
"Mobile Home Space" or “Space” means the site within a Mobile Home Park intended, designed or used for the location or accommodation of a Mobile Home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. "Mobile Home Space" shall also include, for purposes of this Chapter, rentable spaces within Mobile Home Parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.24 for a period of nine (9) months or more.
"Mobile Home Owner" or “Resident” means a person who is the Owner of a Mobile Home and legally occupies the Mobile Home within a Mobile Home Park. “Mobile Home Park Owner”, or “Park Owner” means the Owner or operator of a Mobile Home Park or an agent or representative authorized to act on said Owner’s or operator’s behalf in connection with the maintenance or operation of such Park. "Party" as used in this chapter refers to any affected Mobile Home Owner and/or Owner involved in proceedings under this chapter.
"Prospective Mobile Home Owner" means a person who is in the process of negotiating a tenancy in a Mobile Home Park.
"Space Rent" or “Rent” means the consideration, including any bonus, benefit or gratuity, demanded or received by a Park Owner for, or in connection with, the use or occupancy of a Mobile Home Space, or in connection with the assignment of a lease, or in connection with subleasing of a Space. Rent shall not include:
(a) Utility charges for sub-metered gas and electricity. (b) Charges for water, refuse disposal, sewer service, and/or other services, which are either provided and charged to Mobile Home Owners solely on a cost pass-through basis and/or in a manner regulated by State or local law.
(c) Any amount paid for the use and occupancy of a Mobile Home unit (as opposed to amounts paid for the use and occupancy of a Mobile Home Space). 78 (d) Charges for laundry services.
(e) Charges for the use of storage areas which the Mobile Home Owner is not entitled to use as part of the rental of a Mobile Home Space.
"Rent increase" means any increase in Base Rent charged by an Owner to a Mobile Home Owner or offered to a prospective Mobile Home Owner.
"Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions of the ordinance. "Substantial rehabilitation" means that work done by an Owner to a Mobile Home Space or to the common areas of the Mobile Home Park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds two hundred dollars ($200.00) and which is performed whether to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance.

5.36.030 Exemptions
This Chapter is applicable to all Mobile Home Spaces within the City of Cloverdale except for the following exemptions:

A. Spaces that are subject to a written lease of greater than one (1) year, and which is voluntarily entered into between a Mobile Home Owner and Park Owner. At least seven (7) days prior to the execution of the such lease, the Park Owner shall provide the Mobile Home Owner with a copy of this Ordinance (even if a copy was previously provided to the Mobile Home Owner when they were a Prospective Mobile Home Owner).

B. Spaces that are not the principal residence of the Mobile Home Owner.

C. Any Mobile Home Space exempt from this Ordinance under State or Federal law.

5.36.040 Base Rent.

Except as provided in this Chapter, a Park Owner shall not demand, accept or retain Rent for a Mobile Home Space exceeding the Base Rent. The Base Rent shall be determined as follows:

A. If a Mobile Home Space was first rented by the Mobile Home Owner occupying the Space prior to January 1, 2024, then the Base Rent shall be the rent in effect on January 1, 2024, as adjusted pursuant to this Chapter.

B. If a Mobile Home Space was first rented by the Mobile Home Owner occupying the Space on or after January 1, 2024, then the Base Rent shall be the rent in effect on the first date of the tenancy, as adjusted pursuant to this Chapter.
79 C. The Base Rent for a Mobile Home Space that becomes subject to this Chapter upon the expiration of an exempt lease shall be the Rent in effect under the exempt lease as of the date of its expiration.

5.36.050 Establishment of New Rent After Vacancy
A Mobile Home Park Owner shall be permitted to charge a new base rent for a Mobile Home Space whenever a lawful Space vacancy occurs, for any reason. This ordinance does not place any limitations on the amount of the new Base Rent that may be established.

5.36.060 Allowed Rent Increases.

A. An Owner may increase the Rent payable for a Mobile Home Space no more than once in any 12-month period. Such rent increase shall not exceed the greater of:

1. 70% of the annual percentage change, as measured form December to December of successive years, in the CPI, or

2. ii) 3%.

B. If the City Council adopts a rent stabilization administration fee, a Park Owner may choose to apportion to each Mobile Home Space up to fifty percent (50%) of the fee attributable to the Space, in addition to any increase in the Space Rent in accordance with subsection (A) of this section, subject to the following:

1. The Owner shall provide to all Affected Mobile Home Owners documentation supporting the allowable amount to be collected in order to recover a portion of rent stabilization administration fees. At a minimum such documentation shall include:
billing notices or other equivalent documents from the City imposing the rent stabilization administration fee; a copy of this Section which authorizes the apportionment of rent stabilization administration fees; the calculations used by the Owner to apportion the cost of the allowable percentage among the Affected Mobile Home Owners.

2. The apportionment of the rent stabilization administration fee shall not be considered part of the rent base upon which future rent increases can be made.

C. Notice of Rent increases pursuant to this section shall be provided to affected Mobile Home Owners at least ninety (90) days before any increase is to take effect, or such longer period of time required by State law.

5.36.070 Special Rent Increases – Notice & Information Required to be Shared.

A. Whenever the Owner desires to increase the Rent by more than the amount authorized by Section 5.36.060, the Owner shall at the same time and in the same manner serve the Affected Mobile Home Owners with a notice that sets forth all of the following information:
80 1. The amount of the Rent increase both in dollars and as a percentage of existing rent and documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among Mobile Home Spaces of any substantial rehabilitation or capital improvement; a summary of the Owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired;

2. The identity of all other Affected Mobile Home Owners and the Spaces which they rent and a roster of residents in the Park occupying recreational vehicles in place for more than nine (9) months;

3. The address and telephone number of the Administrator and: (a) the fact that the resident is encouraged to contact the Administrator for an explanation of the provisions of this article; (b) documentation supporting the level of increase is on file with the Administrator;

4. A copy of the official petition form as prepared and provided by the Administrator which initiates the process established by this article;

5. In addition, Park Owner shall place on file with the Administrator two (2) copies of:
documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among Mobile Home Spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the Owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the Owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired. These documents will be available for inspection at City Hall;

6. If applicable, notification that the proposed Rent increase exceeds three hundred percent (300%) of the change in the CPI, and that arbitration is deemed automatically required by the provisions of this Chapter, without any need to file an arbitration petition. Such notices shall bear the following language: "Arbitration of the proposed increase is automatically required in this matter by operation of law." Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator.

C. An Owner failing to provide an Affected Mobile Home Owner with the information, documents, and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this Chapter from that Mobile Home Owner nor to any rent increase that might otherwise be awarded by an Arbitrator. Such failure by the Owner shall be a defense in any action brought by the Mobile Home Owner to recover possession of a Mobile Home Space or to collect any rent increase from the resident.

5.36.080 Special Rent Increases – Rent Dispute Process
81 A. Mandatory meet-and-confer meeting. Whenever the Park Owner desires to increase the Rent by more than the amount authorized by Section 5.36.060, the Residents and Park Owner must meet and confer with each other (or their authorized representatives) at a location in the Mobile Home Park or otherwise accessible within the City of Cloverdale. Such meeting shall occur at least seven (7) days, but not longer than fourteen (14) after the notice is sent. Written notice of the time, place and date of the meeting should be provided by the Park Owner to all affected Mobile Home Owners at least seventy-two (72) hours before the meeting. If the Park Owners or residents fail to agree on the time, place and date of the hearing within seventy-two (72) hours of when the rent increase notice is sent, the Park Owner shall notify the Administrator, who shall set the time, date, and place of the meeting.

B. At the meeting, representatives of the parties should exchange documentary evidence that the parties in good faith then know will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of a Park Owner, all financial data upon which any proposed increase is claimed shall be supplied to resident representatives at the time of the meet-and-confer meeting. The Arbitrator may deny an application based on the applicant's failure to participate in good faith in the meet and confer process.

C. The Park Owner has a duty to provide adequate information to the residents regarding the Park's net operating income sufficient for a reasonably sophisticated inquiry into the financial status of the Park Owner's business. This will consist of true and accurate book entries or other competent evidence of gross income including, but not limited to, gross rents, interest upon security and cleaning deposits, income from ancillary services (submetering of utilities, laundry facilities, etc.) and true and accurate book entries or other competent evidence of operating expenses including, but not limited to, license fees, property taxes, utilities, insurance, management expenses, landlord performed labor, building and grounds maintenance, legal fees, auto and truck expenses, employee benefits, permits, refuse removal, ground lease payments, and similar additional expenses.

D. If discussions between Park Owner and Residents do not resolve the dispute between them, the Residents or their representative may file with the Administrator a petition for Arbitration a copy of the notice of rent increase, within thirty (30) days after the date upon which the rent increase notice is received. The petition must be signed by individuals representing greater than fifty percent (51%) of all Mobile Home Spaces affected by the proposed Rent Increase.

Upon the filing of a petition, the Rent increase is not effective and may not be collected until and to the extent it is awarded by an arbitrator or until the petition is abandoned. As used herein, the term "abandoned" refers to lack of prosecution of the arbitration by the Mobile Home residents' representative(s). An automatic arbitration based upon a three hundred percent (300%) CPI increase will not require active resident prosecution, although such prosecution will not be prohibited. The term "prosecution" refers to actively pursuing necessary steps toward preparing the residents' case for the arbitration hearing.

E. Contents of Petition for Arbitration.

1. The petition for arbitration shall set forth the total number of affected rented Spaces in the Mobile Home Park, shall identify the Space occupied by each resident and shall state the date upon which the notice of the rent increase was received by the resident(s). 82 2. After obtaining the required signatures, the resident(s) shall deliver the petition or mail it by registered or certified mail to the Administrator at Cloverdale City Hall. No petition shall be accepted unless it is accompanied by the requisite number of signatures and is received in the office of the Administrator within the required period set forth above. The Administrator shall provide a copy of the completed petition form to both parties as soon as practicable.

F. Within five (5) business days of notification of the completed petition form, or upon providing the Administrator with notice of a Rent increase of greater than three hundred percent (300%) of CPI, the Park Owner shall pay the Rent Control Arbitration Fee, if one has been established by the City Council, to the Administrator. The amount of such fee shall be an operating expense to be considered by the arbitrator during any required arbitration.

G. Information questionnaire. After the Administrator has accepted a petition for Space rent review, the Administrator may remit to the Owner and residents an information questionnaire in such form as the Administrator may prescribe. The completed information questionnaire must be returned to the Administrator at least five (5) working days prior to the date scheduled for hearing of the petition by the arbitrator. Copies of the completed information questionnaire shall be provided to the arbitrator and the opposing party.

H. A Park Owner's failure to provide the minimum information required by this Chapter or attend the hearing shall require the Administrator to suspend further proceedings under this article. This determination may also be made by the Arbitrator during the Arbitration process. The Park Owner's application for a rent increase under such circumstances shall be deemed defective, without force or effect, and deemed withdrawn. Renoticing of the increase shall be required to reinitiate an application for rent increase.

5.36.090 Special Rent Increases – Arbitration Process
A. Upon the receipt of a valid petition pursuant to Section 5.36.080, or notification from the Park Owner of a rent increase requiring mandatory arbitration, the Administrator shall, within ten (10) working days, assign an arbitrator. The arbitrator may, but is not required be associated with the Sonoma County Community Development Commission.

B. After the Administrator assigns an arbitrator, the arbitrator shall schedule the arbitration hearing for a date at least fifteen (15) days, but no more than thirty (30) days after the date of selection, unless the Parties agree otherwise. The arbitrator shall notify the Administrator, who shall immediately notify the Park Owner and affected Mobile Home Owners of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. The arbitration hearing shall occur within the City of Cloverdale.

C. Arbitration hearing.

1. The Owner and resident(s) may appear at the hearing and offer oral and documentary evidence. Both the Owner and resident(s) may designate a representative or representatives to appear for them at the hearing. The arbitrator may grant or 83 continuances as he or she deems appropriated. The burden of proving that the amount of rent increase is reasonable shall be on the Owner by a preponderance of the evidence.

2. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The arbitrator may establish such rules and procedures regarding the conduct of the hearing, and the introduction of evidence, as long as such rules and procedures comply with this Ordinance.

3. The arbitrator shall, within fourteen (14) days of the hearing, submit by mail a written statement of decision and the reasons for the decision to the Administrator who shall forthwith distribute by mail copies of the decision to the Owner and resident(s). The arbitrator shall determine the amount of rent increase, if any, which is reasonable based upon all the provisions of this article.
4 The arbitrator shall not allow more than one (1) rent increase per Park per twelve-month period.

5. The decision of the arbitrator, rendered in accordance with this section, shall be final and binding upon the Owner and all Affected Mobile Home Owners. The decision of the arbitrator will be subject to the provision of Code of Civil Procedure Section 1094.5.

6. Any party may have electronic recording equipment or a court reporter present to record and prepare a transcript of the hearing before the arbitrator, however, such equipment or reporter shall be provided at that party's own expense.

7. The arbitrator is authorized to modify the basic time periods set forth herein at their discretion to promote the purposes of this program provided a final decision is rendered within one hundred eighty (180) days of the notice of rent increase.

7. Any procedural or jurisdictional dispute regarding the processes set forth herein may be decided by the arbitrator.

8. The legislative authority of the City Council to modify this ordinance or otherwise regulate rents in Mobile Home Parks shall not be limited or abridged by any decision of the arbitrator.

9. The Administrator shall provide administrative assistance to the arbitrator as necessary.

10. Failure of the Park Owner to attend the arbitration hearing, without good cause as determined by the arbitrator, shall be considered an abandonment of the rent increase.

11. Failure of the Park Owner to provide any documents reasonable requested by the Mobile Home Park Owners, or their representatives as part of this arbitration hearing, may be considered by the arbitrator in making a decision.

5.36.100 Standards of Review for Determining a Fair Return The Park Owner shall be entitled to charge rents sufficient to earn a fair and reasonable return. It is presumed that a Park’s Net Operating Income, as defined in Section 5.36.110, in the calendar year immediately proceeding the enactment of this Ordinance (2023) provide a fair and reasonable return to the Park Owner. Furthermore, it is presumed that Net Operating Income adjusted by the percentage increase in the CPI since 2023 will continue to provided a fair and reasonable return to the park owner. The Park Owner may rebut this presumption by demonstrating unusual expenses or other circumstances during the 2023, or subsequent years.

In evaluating the Space increase proposed by the Owner, the following factors may be considered in evaluating whether the increase in the rent Proposed by the Owner is justified:
84 A. Beneficial increases in maintenance and operating expenses, including but not limited to the reasonable value of the Owner's labor and any increased costs for services provided by a public agency, public utility, or quasi-public agency or utility; B. The substantial rehabilitation or the addition of capital improvements, including the reasonable value of the Owner's labor, as long as such rehabilitation or improvement has been completed and is:

1. Distinguished from ordinary repair or maintenance,

2. For the primary benefit, use and enjoyment of the residents,

3. Permanently fixed in place or relatively immobile and dedicated to the use of the property,

4. Not one for which a "use fee" or other charge is imposed on residents for its use,

5. Cost-factored and amortized over the good faith estimate of the remaining useful life of the rehabilitation or improvement, and

6. Does not constitute maintenance of the infrastructure of gas or electrical lines within the Mobile Home Park for which the public utility has permitted the ParkOwner a special premium with the intent that it be used to replace or otherwise maintain the system within the Mobile Home Park;
C. The rental history of the Space or the Park of which it is a part, including:

1. The presence, or absence of past increases,

2. The frequency of past rent increases, and

3. The occupancy rate of the Park in comparison to comparable Parks in the same general area;
D. The physical condition of the Mobile Home Space or Park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months;
E. Any increase or reduction of housing services since the last rent increase; F. Existing Space rents for comparable Spaces in comparable Parks; G. Other financial information which the Owner is willing to provide; H. Any costs incurred as a result of a natural disaster and only to the extent such costs have not been reimbursed to the Owner by insurance or other sources; and I. Any increase or decrease in the net operating income for the Park.

5.36.110 Net Operating income
In evaluating a Space rent increase sought by an Owner to maintain the Owner's net operating income from the Park, the following definitions and provisions shall apply:
85 A. "Net operating income" of a Mobile Home Park means the gross income of the Park less the operating expenses of the Park.

B. "Gross income" means the sum of the following:

1. Gross Space rents, computed as gross Space rental income at one hundred percent (100%) occupancy (including any Spaced exempt from the Ordinance); plus

2. Other income generated as a result of the operation of the Park, including, but not limited to, fees for services actually rendered; plus

3. Revenue received by the Park Owner from the sale of utilities to Park residents where such utilities are billed individually to the Park residents by the Park Owner. This revenue shall equal the total cost of the utilities to the residents minus the amount paid by the Park Owner for such utilities to the utility provider; minus

4. Uncollected Space rents due to vacancy and bad debts to the extent that the same are beyond the Park Owner's control. Uncollected Space rents in excess of three percent (3%) of gross Space rent shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. Where uncollected Space rents must be estimated, the average of the preceding three (3) years' experience shall be used.

C. "Operating expenses" means:

1. Real property taxes and assessments;

2. Utility costs to the extent that they are included in Space rent;

3. Management expenses including the compensation of administrative personnel, including the value of any Mobile Home Space offered as part of compensation for such services, reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be not more than five percent (5%) of gross income, unless established otherwise;

4. Normal repair and maintenance expenses for the grounds and common facilities including but not limited to landscaping, cleaning and repair of equipment and facilities;

5. Owner-performed labor in operating or maintaining the Park. In addition to the management expenses listed above, where the Owner performs managerial or maintenance services which are uncompensated, the Owner may include the reasonable value of such services. Owner-performed labor shall be limited to five percent (5%) of gross income unless the arbitrator finds that such a limitation would be substantially unfair in a given case. A Park Owner must devote substantially all of their time, that is, at least forty (40) hours per week, to performing such managerial or maintenance services in order to warrant the full five percent (5%) credit of their labor as an operating expense.

No credit for such services shall be authorized unless a Park Owner documents the hours utilized in performing such services and the nature of the services provided;

6. Operating supplies such as janitorial supplies, gardening supplies, stationery, and so forth;

7. Insurance premiums prorated over the life of the policy;

8. Other taxes, fees and permits.

9. Capital improvement costs. Expenditures for capital improvements to upgrade existing facilities shall be an allowable operating expense only if the Park Owner has:
86 i. Established upon written verification, or by other competent evidence to the satisfaction of the arbitrator, that the cost of the capital improvements provided to the Park residents, for their general use, are factually correct as claimed, ii. Such capital improvements are wholly compensable to the Park Owner upon appropriate amortization of their cost, together with a reasonable return upon the capital improvement investment made by the Park Owner,
iii. Any capital improvement expenses shall be amortized over the reasonable life of the improvement or such other period as may be deemed reasonable by the arbitrator under the circumstances. In the event that the capital improvement expenditure is necessitated as a result of an accident, disaster or other event for which the Park Owner received insurance benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as operating expenses. d. Operating expenses shall not include the following:

1. Mortgage principal, interest payments or other debt service expenses;

2. Depreciation;

3. Any expense for which the Park Owner is reimbursed;

4. Expenses attributable to unreasonable delays in performing necessary maintenance or repair work or the failure to complete necessary replacements.

5. Political contributions and payments to organizations which are substantially devoted to legislative lobbying purposes;

6. Penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or other provisions of law;

7. Attorneys' fees and costs, except printing costs and documentation as required by this Chapter, incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this article.
e. All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, or increases significantly in a particular year, the Park Owner shall bear the burden of proving the reasonableness of the expense, To the extent that an arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard.

5.36.120 Implementation of Special Rent Increase.

A. During the pendency of the arbitration hearing, the Park Owner may implement the amount of Rent increase authorized by Section 5.36.060.

B. If a final decision by an arbitrator finds that the Park Owner is entitled to a rent increase above the amount otherwise allowed by Section 5.36.060, the Park Owner may implement such rent increase upon providing required notice to all affected Mobile Home Park Owners.

Such increase may be in addition to the rent increase imposed pursuant to Subsection A, above.

5.36.130 Disclosures to Prospective Mobile Home Owner.
87 Park Owner shall disclose to each prospective Mobile Home Owner the proposed Base Rent for the Mobile Home Space, any rental agreement options, provide each prospective Mobile Home Owner a copy of this Chapter, and that if the prospective Mobile Home Owner signs a lease with a term of more than one year, that lease will be exempt from rent stabilization, in addition to any notice required by the Mobile Home Residency Law or any other applicable state law. The Park Owner shall give the required disclosure and provide a copy of this Chapter to the prospective Mobile Home Owner at the time that the Park Owner, or Owner’s representative, receives the prospective Mobile Home Owner’s application for tenancy. The Park Owner shall obtain a signature of the prospective Mobile Home Owner on the disclosure form acknowledging receipt of the disclosures. The Park Owner shall retain the signed disclosure form throughout the entire tenancy of the Mobile Home Owner. This signed form shall be made available to the Administrator upon reasonable written notice.

5.36.140 Translated Notices
Any notices required to be provided by the Park Owner pursuant to this chapter shall be provided in both English and Spanish.

5.36.150 Refusal of Mobile Home Owner to pay illegal rent.

It shall be unlawful for a Park Owner to demand, accept, receive, or retain Rent in excess of the amounts authorized by this Article. An affected Mobile Home Owner may refuse to pay any Rent in excess of the maximum Rent permitted by this Chapter. The fact that such unpaid Rent is in excess of the maximum Rent shall be a defense in any action brought to recover possession of a Mobile Home Space for nonpayment of Rent or to collect the illegal Rent.

5.36.160 Retaliation Prohibited
A. It shall be unlawful for a Park Owner to evict a Mobile Home Owner, or otherwise retaliate against a resident or prospective resident for the resident's or prospective resident’s assertion or exercise of rights under this Changer in any manner, including:

1. Threatening to bring or bringing an action to recover possession of a Space.

2. Engaging in any form of harassment that causes the Mobile Home Owner to quit the premises.

3. Decreasing housing services.

4. Unlawfully increasing Rent.

5. Imposing or increasing a security deposit or other charge payable by the Mobile Home Owner
B. The residents have a right to organize a resident's association without hindrance from the Park Owner to exercise the rights provided under this Ordinance.

5.36.170 Rent stabilization administration fees.

All or any portion of the costs to administer this Chapter may be collected by the imposition of an annual rent stabilization administration fee, which may be established by the City Council by 88 resolution. The fee, if any, shall be chargeable against every Mobile Home Space in the City subject to rent stabilization. The Park Owner shall remit any adopted rent stabilization administration fee by September 1 of each year. The fee is intended to cover the full cost of administration and the fee assessment amount may be amended from time to time by resolution of the City Council. The City Council may adopt by resolution additional fees as necessary to reimburse the City for its costs to implement this Chapter, and may allocate specified charges to the respective Parties.

5.36.180 Violation
Every person who violates any provision of this chapter is guilty of a misdemeanor and shall be subject to the provisions of Title I of this code.
89 From: [email protected]
To: Todd Lands; Gus Wolter; Melanie Bagby; Brian Wheeler; Marjorie Morgenstern Cc: David Kelley; Kevin Thompson; Public Comments; Alex Mog at Redwood Subject: Cloverdale Mobile Home Rent Control Ordinance
Date: Tuesday, April 02, 2024 10:13:33 AM
Dear Mayor, Councilmembers and City Manager,
I write once again with respect to the Cloverdale Mobile Home Rent Control Ordinance that will be on the City Council’s next agenda. Public policy favors affording protection to Mobile Home residents for two reasons: It will preserve Cloverdale’s most affordable housing and will provide rent security and stability for mobile home park residents. In furtherance of these policies, I urge you to adopt reasonable vacancy controls on mobile homes as well as limiting allowable annual rent increases.

Vacancy Control - Preserving affordable housing is critical for bedroom communities like Cloverdale. Mobile homes represent the least expensive form of shelter. Limiting rent increases following an eviction or when a home is sold will preserve Cloverdale’s most affordable housing.

The term vacancy control is overly broad when used in the context of mobile home park ordinances. It applies to mobile home spaces following an eviction or when the home is removed from the park. However, it is also used to describe rent limitations for the transfer of title for homes among family members, as well as mobile home sales to third parties.

The chart below shows how vacancy control is effectuated in other cities in Sonoma County. When a home is removed from a park, Rohnert Park does not allow for any increase in rent. All the other agencies allow for some increase for vacant spaces. All the jurisdictions also place limits on rent increases for inplace transfers. Petaluma, Santa Rosa, Rohnert Park and Cotati forbid any rent increase following a transfer. The City of Sonoma as well as the county allow for a 5% increase, while Sebastopol authorizes a 10% increase. Windsor, that has a median household income that is 33% higher than Cloverdale, permits an increase of 15%.

Agency Vacancy Controls
Petaluma None on Lawful Space Vacancy; No Increases for In-Place Transfers Santa Rosa None on Lawful Space Vacancy; No Increases for In-Place Transfers Windsor None on Lawful Space Vacancy; 15% for In-Place Transfers Sebastopol None on Lawful Space Vacancy; 10% on In-Place Transfers Rohnert Park Full Vacancy Control – No Rent Increases Allowed 90 Sonoma County None on Lawful Space Vacancy; 5% for In-Place Transfers (more if <$300) Cotati None on Lawful Space Vacancy; No Increases for In-Place Transfers Sonoma None on Lawful Space Vacancy; 5% for In-Place Transfers This matter first came before the Finance, Administration and Police Subcommittee in February. At that time, Councilmember Wolter stated: “What I’m looking at is not having the rents go up because somebody moves. I mean it’s the same unit on the same patch of land providing the same services. I don’t think it should be viewed as an opportunity for the landlord to gouge the tenant. I would like it to stay the same.”
Mayor Lands agreed regarding not having rent increases following evictions and in-place transfers but, with respect to vacant slots with no trailers, stated: “They do need to recoup the money they’ve put back into the spot to prep it for the new trailer.”
Rent contol was brought back to the same subcommittee in March. At the end of the March meeting, councilmember Wolter recommended that the ordinance contain absolutely no vacancy control, and Lands acceded to this request. No explanation was given as to this significant change in policy from February.

I would urge the council to prohibit rent increases for any evictions or in-place transfers and allow for a 10% increase when a mobile home pad is vacated. This would protect the existing tenants, keep mobile home park rentals affordable and prevent unjust evictions while still allowing park owners the ability to recover expenditures incurred in preparing vacant spots for new trailers.

Cloverdale enacted a rent ordinance in 1986, but rents on the town’s 3 trailer parks have not been limited for the past 38 years. Remember that owners will always have recourse because any ordinance you adopt must have a provision allowing park owners to seek additional rent increases to insure a “just and reasonable” return on their property.

Allowable Annual Rent Increases – Limiting rent increases annually is the most important element of preserving affordability of mobile home housing. The subcommittee recommendation was to limit increases to 3% per year or 70% of CPI whichever is greater. All other jurisdictions use the lesser of the 2 figures and Cloverdale should do likewise.
91 I addressed this issue in the email I sent each of you on March 26th, which included the following table demonstrating that ‘greater’ is really much, much less when it comes to rent control.

Year CPI* CPI x .7 Lowest Highest
2014 1.6% 1.12% 101.12 103.00
2015 0.1% 0.07% 101.82 106,09
2016 1.3% 0.91% 102.75 109.27
2017 2.1% 1.47% 104.26 112.55
2018 2.4% 1.68% 106.01 115.93
2019 1.8% 1.26% 107.34 119.41
2020 1.2% 0.84% 108.25 122.99
2021 4.7% 3.29% 111.50 127.04
2022 8.0% 5.60% 114.84 134.15
2023 4.1% 2.87% 118.14 138.17
* Source: The U.S. Bureau of Labor Statistics
https://www.minneapolisfed.org/about-us/monetary-policy/inflationcalculator/consumer-price-index-1913- The column on the far right shows what rent would be each year using the greater of % or CPI. The next column over shows what the rent would be using the lesser of the two figures. As you can see, the rent increases by more than double (38.17 v. 18.14) when the higher of CPI or % is selected.

In speaking with almost all of you, I believe there is consensus that the limits should be 3% per year or 70% of CPI whichever is less. This is consistent with all the other agencies in Sonoma and will make Cloverdale’s ordinance a strong one.

There are four additional items that I believe should be included in the rent ordinance.

Rent Review Body – State law requires that park owners be allowed to apply for an additional rent increase if the allowable increase does not provide owners with a “just and reasonable return.” Given the size of Cloverdale, I would urge that the Sonoma County Community Development Commission be used to hear such petitions. However, because scheduling with CDC can be problematic and, because CDC hearings are held in Santa Rosa, I would encourage you to also authorize the City Manager to appoint a neutral hearing 92 officer to conduct the hearing of these petitions.

Determination of Base Rent Date – The purpose of the ordinance is to keep rents low. This matter has been deliberated on for nearly two months and it is likely to be a while longer before the ordinance takes effect. In order to prevent exorbitant rent increases prior to the ordinance going into effect, I encourage you to select January 1, 2024, as the date that will be used for establishing all base rents.

Rent Increase Notices – Park residents in Cloverdale are elderly and have very few resources. The majority are also Hispanic and many have a limited ability to read English. Notices of rent increases should be simple and easy to understand. Accordingly, these four reasonable requirements should be included in all such Notices:

1. What the tenant’s existing base rent is;

2. What the current allowable rent increase is;

3. What the new rent will be; and,

4. That the city of Cloverdale limits allowable annual rent increases, and the location (online and at city hall) where more information regarding allowable rent increases is available.

Given the composition of Cloverdale’s mobile home park residents, this last requirement should be given in both English and Spanish.

Rent History – I would urge you to require owners to submit a copy of all rent increase notices to the city, as well as to providing a copy of all new rental agreements. This will provide the city with an easy way to monitor the effectiveness of the Mobile Home Rent Control Ordinance as well as to insure it is being complied with.

I apologize for the verbose nature of this communication. However, affordable housing is a topic that is near and dear to me. Mobile Homes present unique concerns and there are many issues that the ordinance must address. 93 The enactment of a Mobile Home Rent Control Ordinance is one of the most impactful actions you can take as a City Councilmember. Cloverdale currently has 3 parks containing 155 mobile homes. The more than 300 park residents are mostly poor, mostly elderly, and mostly on fixed incomes. In short, they are amongst Cloverdale’s most vulnerable. I urge you to provide these park residents with the housing stability and predictability they deserve by adopting a strong mobile home rent control ordinance.

Thank you for your thorough consideration of this matter.

Daniel Frankston
94 From: [email protected]
To: Todd Lands; Gus Wolter; Melanie Bagby; Brian Wheeler; Marjorie Morgenstern Cc: David Kelley; Kevin Thompson; Public Comments; Alex Mog Subject: Cloverdale Mobile Home Rent Control Ordinance
Date: Tuesday, March 26, 2024 1:45:06 PM
Dear Mayor, Councilmembers and City Manager,
I am writing regarding the Cloverdale Mobile Home Rent Control Ordinance that will be on the April 10, 2024 agenda. I share the goal expressed by Mayor Lands and others that, because Cloverdale’s income is less than other Sonoma municipalities, the Ordinance should keep rents low relative to the other cities in Sonoma.

There are 2 components that are essential to preserving low rents on mobile home spaces. The first is to keep the allowable annual rent increase small. The second is to limit rent increases when a mobile home is sold, transferred between family members, or following an eviction.

On March 4th, the Finance Subcommittee recommended that annual rent increases be limited to 3% per year or 70% of CPI whichever is greater. At the last City Council meeting I spoke during the public comments period and informed you that the other municipalities in Sonoma limit increases to either a certain percentage (i.e. 3%) each year or a percentage of the CPI whichever is less.

I write to encourage you to make the Ordinance a much stronger one by changing the word ‘greater’ to ‘less’. Here is a table comparing what ten years of rent increases would be using 3% per year or 70% of CPI.

Year CPI* CPI x .7 Lowest Highest
2014 1.6% 1.12% 101.12 103.00
2015 0.1% 0.07% 101.82 106,09
2016 1.3% 0.91% 102.75 109.27
2017 2.1% 1.47% 104.26 112.55
2018 2.4% 1.68% 106.01 115.93
2019 1.8% 1.26% 107.34 119.41
2020 1.2% 0.84% 108.25 122.99
2021 4.7% 3.29% 111.50 127.04
95 2022 8.0% 5.60% 114.84 134.15
2023 4.1% 2.87% 118.14 138.17
* Source: The U.S. Bureau of Labor Statistics
https://www.minneapolisfed.org/about-us/monetary-policy/inflationcalculator/consumer-price-index-1913- The column on the far right shows what rent would be in 2023 using the greater of % or CPI. The next column shows what the rent would be using the lesser of the two figures. As you can see, the rent increases by more than double (138 v. 118) when the higher of CPI or % is selected.

Affordable housing has become an endangered species in California.

Mobile Home Parks, which represent the final frontier when it comes to affordability, are being assailed with some unprotected residents seeing their rents doubled or worse.

With mobile home park residents being mostly poor, mostly elderly and mostly on fixed incomes, they are amongst Cloverdale’s most vulnerable. I urge you to provide park residents with the housing stability and predictability they deserve by adopting a strong mobile home rent control ordinance.

Thank you for your consideration of this matter,
Daniel Frankston
96 From: Brooke Greene
To: City Council
Subject: Affordable housing
Date: Monday, April 08, 2024 11:04:16 AM
Dear Council members,
I'm sorry that I won't be able to attend Wednesday's Council meeting, due to a conflict with the Library Commission meeting. I wanted to share my thoughts on Item I.1, the Rent Control in Mobile Home Agenda Item. The proposed ordinance prohibits park owners from increasing the rent in any given year by an amount more than 3% or 70% of CPI, whichever is greater.

Seventy per cent could amount to a a large enough increase to render some of our most vulnerable neighbors homeless. Please reconsider, and restructure the proposal to limit the annual increase to an amount more than 3% or 70% of CPI, whichever is less. Let's keep Cloverdale welcoming to some of our more marginalized citizens.

Thank you,
Brooke Greene
97 To whom it may concern,
We have learned via the Cloverdale Connect Newspaper that at the March council meeting some members of the community want to have the RV code ( 18.11.060) rescinded or altered.

The citizens of Cloverdale rely on you to govern by the rules so that everyone has equal rights that are not based on knowing someone in high places.

We do NOT want this code to be rescinded for the following reasons:
98 1) The current code keeps cars from being parked on the streets.

Every RV parked in a driveway blocks two residential parking spaces (one in the driveway and one in the garage).
2) Cloverdale has 200 plus commercial rental RV spaces.

City codes need to be enforced by the city. It should NOT be an arbitrary decision of a employee to decide which code should or should NOT be enforced. Just as a police officer can NOT decide arbitrarily which laws he or she will enforce. If our agreed upon codes are not enforced by the city, you are “pitting neighbor against neighbor.”
99 Cloverdale residents who own a RV or trailer are a minority of the city residents. Rescinding the code supports the minority to the detriment of the majority and that is not good governance.

The reasons we don’t want this code to be rescinded are the same ones that led to the creation of this code in the first place.

Sincerely,
Barbara LeBlanc RN
100
101
102
From: Richard H Greene
To: City Council
Subject: Affordable Housing, Mobile Home Vacancy Control and TEFRA Date: Monday, April 08, 2024 10:00:00 AM
Dear Council Members,
The April 10th Council meeting agenda includes the topic of Affordable Housing. I would like the Council to consider drafting into the ordinance the annual limit of rent increases be tied to the lower of the two criteria (3% or 70% of the Consumer Price Index). This is in line with the limits imposed in ordinances passed by other cities in Sonoma County.

Sincerely,
Richard Greene
103
From: Andy Carey
To: Public Comments
Cc: Michael Maloney
Subject: MHP Rent Control Discussion in City of Cloverdale Date: Tuesday, April 09, 2024 2:55:23 PM
Dear Councilmembers,
Following my previous emails regarding the City’s consideration of replacing its current rent control ordinance, this email is meant to comment on the draft ordinance being considered this week by the Council. My team operates 7 Palms MHP, the second largest mobile home park (MHP), one of the very few MHPs in the City, representing a total of 42 spaces and over 100 resident homeowners. I am a recent past President of our industry association (WMA) and have operated over 100 MHPs in my career, and today run one of the largest MHP operators in northern California.

I ask again that you please consider the negative consequences of such an ordinance, and the risk of not only harming those communities directly and indirectly, but also further scaring away investment capital in Cloverdale with harmful ordinances like rent control.

That said, if you are intent on enacting a rent control ordinance, please do not make it any more restrictive than already drafted. When inflation of a park’s operating costs are already at or above CPI, then allowing only a percentage of CPI (as in only 7/10ths of CPI as drafted) is economically damaging to housing providers. For this reason it is critical that a rent control ordinance has a “floor” to allow minimal increases even in times when CPI is lower than actual inflation rates for operating a MHP. It is equally critical that rent be reset to market when a home sells to a new homeowner. Without this important mechanism, the cost to purchase the house skyrockets and becomes unaffordable for home buyers – even at times more costly than the actual replacement cost of the home itself! In other words, please keep the provision for vacancy decontrol – it not only helps the MHP stave off bankruptcy, but helps future homeowner constituents avoid the hyper-inflating cost of purchasing a home where this provision is missing from rent control.

Lastly, please also reconsider the draft provision requiring notices in two languages – and eliminate section 5.36.140 (“Translated Notices”) altogether. We, as housing providers, already adhere to state and federal fair housing laws. From experience I can tell you that we consistently work with residents who provide translation services of their own in a number of languages, not only one specific language beyond English. That cooperation will continue.

Resident homeowners who speak a number of different languages will be treated fairly and equally, and are welcome to provide their own translation services in any language they choose. But mandating housing providers who may only speak English to provide translation in another language that they do not speak is rife with challenges. We simply do not understand nor are we equipped to create, enforce or interpret legal notices in another language. We are simply not in a position to provide legal notices in a language other than English. The Mobilehome Residency Law does not require this either, so please conform with state policies and practices on this and remove 5.36.140 altogether.

The rent control ordinance currently drafted is severe and extraordinarily restrictive. While we would prefer you vote to promote housing and not restrict it, if you insist on enacting rent control, please do not make it any more severe than it is already drafted. And please remove the Translated Notice requirement.

Thank you for your time and consideration,
Andy
Andy Carey
President | Monolith Properties
104
144 South E Street, Suite 100 Santa Rosa CA 95404  Telephone (707) 542-1290  Fax (707) 542-0177  www.legalaidsc.com Legal Aid's mission is to promote social justice and
+advance basic human rights for vulnerable people in our community.

April 9, 2024
Mayor Todd Lands
Vice Mayor Brian Wheeler
Councilmember Gus Wolter
Councilmember Melanie Bagby
Councilmember Marjorie Morgenstern
City Manager David Kelley
Assistant City Manager Kevin Thompson
Sent electronically to: [email protected] RE: Written Comment on Agenda Item #I.1 Regarding Ordinance repealing and replacing Cloverdale Municipal Code Chapter 5.36
To the Honorable Cloverdale City Council and Staff:

Legal Aid of Sonoma County (LASC) applauds your efforts to improve housing stability in Cloverdale, particularly for residents of mobilehome parks. LASC represents low-income renters, mobilehome owners, and unhoused individuals in Sonoma County, providing legal assistance with eviction, tenant rights, rent increases, and access to housing benefits. It is worth noting that in 2023 LASC served double the amount of Cloverdale clients as it did prepandemic, and had double the number of senior clients.

We are deeply concerned about the affordability crisis facing Cloverdale residents. Among residents earning 30-50 percent of the Area Median Income, 80 percent of Cloverdale residents are moderately or severely cost-burdened. With a median household income among the lowest in Sonoma County, Cloverdale relies heavily on mobilehomes to house a significant portion of its population, particularly seniors, low-income households, and Latinx residents. Unfortunately, due to the high cost if not impossibility of moving a mobilehome and the limited availability of vacant mobilehome park spaces, residents have few options when faced with substantial rent increases.

Mobile home rent control ordinances provide stability and predictability for residents, allowing them to remain in their homes and communities. Notably, Cloverdale's existing ordinance, enacted in 1986, has not been enforced. Across Sonoma County, many cities have successfully implemented mobilehome rent control ordinances. We encourage amendments to the proposed ordinance to incorporate best practices from other jurisdictions.

Recommendations for Strengthening the Ordinance:
• Vacancy Control: While the subcommittee's recommendation does not include vacancy control, we believe it is crucial. Similar to other Sonoma County cities, Board of Directors
President
Jennifer Douglas
Dickenson, Peatman &
Fogarty
Vice President
Jacquelynne Ocaña
Private Fiduciary
Secretary
Jack Sanford
Abbey Weitzenberg
Warren & Emery
Treasurer
Ann Hudson
Exchange Bank
Past President
Chris Grabill
SRJC Wildfire
Resilience Program
Directors
Thomas Del Monte
Spaulding McCullough
& Tansil
Henry Huang, J.D.

CPA
Meridian Realty &
Mortgage Co.

Ken Molinaro
PDS Vacations LLC
Chris Smith
Retired Columnist
Kara Wilson
Cooley LLP
Executive Director
Ronit Rubinoff
105
144 South E Street, Suite 100 Santa Rosa CA 95404  Telephone (707) 542-1290  Fax (707) 542-0177  www.legalaidsc.com Cloverdale should limit rent increases for vacant mobilehome spaces (when the actual home is removed).

This can be achieved by capping rent increases on vacancies at a reasonable percentage, no more than 10%.
• Rent Increase Limitations: We recommend annual rent increases be limited to the lower of 3% or 70% of the Consumer Price Index (CPI). The subcommittee's suggestion of "whichever is greater" significantly weakens this protection and is not consistent with ordinances across the County or State. • Transparent Rent Increase Notices: Notices should be provided in both English and Spanish, clearly outlining limitations on annual rent increases and providing residents with access to additional information (online and at City Hall) regarding their rights under the ordinance. • Record-Keeping by Park Owners: Requiring park owners to submit copies of all rent increase notices to the City will ensure compliance with the ordinance.
• Mobilehome Park Overlay District: We strongly encourage the City Council to consider establishing an Overlay District to safeguard existing mobilehome parks. This will help prevent the conversion of these vital affordable housing resources to other uses. This zoning tool has been utilized in many other Sonoma County cities.

A well-crafted Mobilehome Rent Control Ordinance is essential for Cloverdale's continued ability to provide affordable housing for its most at-risk residents. We urge the City Council to adopt the proposed amendments with the recommendations outlined above. LASC remains committed to assisting the City Council and residents in ensuring a fair and effective rent control ordinance.

Sincerely,
Jace Voice, Housing Policy Analyst
Margaret DeMatteo, Housing Policy Attorney
106
Ordinance to Repeal & Replace
Municipal Code Chapter 5.36:

Rent Control in Mobile Home Parks
Alex Mog, City Attorney
April 10, 2024
107
Background
 Cloverdale Municipal Code Chapter 5.36 establishes rent control in mobile home parks.
 The Ordinance was adopted in 1986 but has not been
enforced or followed in many years (or perhaps ever).
 Many elements of Chapter 5.36 are unenforceable or
otherwise out-of-date.
 City Council provided direction for a new ordinance to be prepared, and the Finance, Administration, and Police
Subcommittee held meeting on March 4 for community
input
108
Legal Framework
 Rent Control is a proper exercise of a local government’s police power
 Ordinances must provide a mechanism for ensuring
landlords receive a “just and reasonable” return on their property.
 A return that is “sufficiently high to encourage and
reward efficient management, discourage the flight of
capital, maintain adequate services, and enable
[landlords] to maintain and support their credit
status.”
109
Cloverdale Mobile Home Parks
 Differ significantly from traditional residential units.  183 spaces in Cloverdale in three parks:
 7 Palms Mobile Home Park (42 Cherry Creek Rd.)
 Cloverdale MH/RV Park (127 Railroad)
 Briarwood Park (920 S Cloverdale Blvd.)
110
Proposed Ordinance
 Repeals & Replaces Chapter 5.36 in its entirety
 Very similar to the Sonoma County’s Ordinance (which
many cities use as template)
 Details are based on direction from the FAP Subcommittee  Council can provide additional direction
111
Maximum Allowable Annual Rent
Increase
 3% or 70% of CPI, whichever is greater
 If CPI is 2%, an increase of 3% would be allowed
 If CPI is 6%, and increase of 4.2% would be allowed
 Based on annual change in CPI as measured December to December of each year
 Base rent is rent in effect on January 1, 2024
112
Allowed Rent Increases
 Long Term Leases Exempt
 Park Owner can raise rent by any amount when a new
resident occupies a space, regardless of circumstances. 113
Special Rent Increase
 When park owner desires a rent increase above allowable maximum, must provide notice to residents and City, along with certain additional supporting information
 Mandatory meet & confer between residents and park owners  Residents may petition for arbitration (requires 50%+1), or arbitration is required for increases greater than 300% of CPI  Arbitrator will review financial and all required information, to determine if special rent increase is appropriate (in order for park to achieve a fair return)
 Decision final and binding on parties
114
Rent Review Process
 Most jurisdictions rely on Sonoma County Community
Development Commission to carry out rent review process  Proposed ordinance is broader, allows City Manager to appoint a neutral, qualified individual to serve as
arbitrator
 Can include someone from CDC
115
Administration
 No plans for proactive administration, other than initial implementation
 Ordinance allows City to establish fee to recover costs, but no immediate plans for such a fee to be implemented
 Ordinance allows City to establish fee for park owners seeking a special rent increase, which will be added to the annual fee schedule.
 Will be an expenses that can be considered during the review process
116
Recommendation
Introduce and First Reading, by title only, of an Ordinance Entitled, “An Ordinance of the Cloverdale City Council
repealing and replacing Cloverdale Municipal Code Chapter

5.36, Rent Control in Mobile Home Parks, to Adopt New Rent Control Regulations for Mobile Home Parks.”
117
City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

I.2
April 10, 2024
Agenda Section:

New Business
Staff Contact:

Susie Holmes, Finance Director
Agenda Item Title
City of Cloverdale Audited Financial Statements FY 2022/23 _______________________________________________________________________________________ Recommended Council Action(s):

Review and accept by motion the FY 2022/23 City of Cloverdale Audited Financial Statements ________________________________________________________________________________________ Background:

Local governments are required to have an independent auditor review their finances each year and produce an Independent Auditors’ Report. The Governmental Accounting Standards Board (GASB) provides principles and guidelines against which that jurisdiction’s finances are evaluated.

Regardless of how many Funds a jurisdiction may use for accounting purposes, GASB Statement 34 requires that for purposes of its audit, a city’s Funds are grouped into three broad categories; major governmental funds, major enterprise (or business) funds, and non-major funds. Major Funds are those that have assets, liabilities, revenues or expenditures equal to or greater than 10% of their Fund Type total, five percent of the grand total of all the City’s Funds.

Governmental Accounting Standards Board (GASB) 34 was intended to improve the public’s ability to read and understand the audits of public agencies. Among its components was the creation of the Management’s Discussion and Analysis (MD&A). The MD&A offers a narrative summary of the jurisdiction’s annual financial condition.

Governmental Accounting Standards Board (GASB) 68, Accounting and Financial Reporting for Pensions, was required for fiscal years beginning after June 15, 2014. Its purpose is to improve accounting and financial reporting by state and local governments for pensions and pension liabilities.

Governmental Accounting Standards Board (GASB) 75, Accounting and Financial Reporting for Postemployment benefits other than pensions, was required for years beginning after June 2017. Its purpose is to improve accounting and financial reporting by state and local governments for postemployment benefits other than pension.

Governmental Accounting Standards Board (GASB) 87, Leases, was required for years beginning after June 15, 2021. Its purpose is to better meet the information needs of the financial statement users by improving accounting and financial reporting for leases by governments.

An Audit is typically made up of a cover letter from the independent auditor; the MD&A; the Basic Financial Statements, including Notes; Required Supplementary Information (RSI), including comparisons between budget and actual; Supplementary information, including combining balance sheets; and Other Reports, including reports on internal control, a summary of findings, and a summary of prior year findings. __________________________________________________________________________________ 118
City Council/Successor Agency Agenda Item Summary
Meeting Date: April 10, 2024

Page 2 of 3 ends

Summary:

The City’s Independent Auditing firm conducting the Annual Audit of the FY 2022/23 City of Cloverdale Financial Statements is Terry Krieg, CPA. Terry Krieg is a certified public accountant, primarily providing audit and accounting services to non-profit organizations and local governmental agencies.

The Annual Financial Report includes Management’s Discussion and Analysis (MD&A), which presents a simple narrative introduction, overview and analysis of the City’s financial activities of the City of the fiscal year ended June 30, 2023. The MD&A is found on Page 4-12 of the audit report. Outlined below are key financial highlights in the MD&A:
 The City’s total net position June 30, 2023 was $107,681,349, an increase of $5,847,200 over the prior year.
 Total City revenues, including program and general revenues, were $21,695,382, an increase of $5,017,205 from the prior year, grants and contributions increased $599,166 and taxes increased by $1,553,053. Total expenses were $15,848,182 a decrease of $1,423,691 or 8.7% over the prior year.  Governmental Activities Program Revenues were $4,420,017 an increase of $561,375 from fiscal year 2022’s $3,858,642. An increase in charges for services and overhead account for $2,240,635 of the change, while the grants and contributions decreased by $643,910. Tax revenue was $8,660,922 in 2023 which represents a 19.4% increase from the prior year.
 Governmental Activities Program Expenses were $10,363,020 in fiscal year 2023, a decrease of $452,403 from 2022 which was $10,815,423.
 Program revenues from Business-Type Activities were $7,470,877 in fiscal year 2023, up from $5,573,450 the prior year. Business-type activities revenue this year is comprised of charges for services which increased 11.5% or $624,351 primarily due to rate increases enacted in July 2022.  Governmental Activities revenues excluding operating grants and contributions were $12,546,425 an increase of $3,793,688 over fiscal year 2022.
 General fund balance is $7,991,433, an increase of $41,933 from the prior year’s fund balance of $7,949,500.

Terry Krieg, CPA will attend the City Council meeting to present the report and answer questions from the Council and public.
_______________________________________________________________________________________ Options:

N/A
________________________________________________________________________________________ Subcommittee Recommendation:

The Finance Administration and Police Subcommittee reviewed the FY 2022/23 audited financial statements on April 1, 2024.
________________________________________________________________________________________ Budget/Financial Impact:

The purpose of an audit is to review a prior year’s financial activities. ________________________________________________________________________________________ 119
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Attachments:

1. Audited Financial Statements FY 2022/23

2. Other signed FY 2022/23 Audited Financial Reports:
a. Report to those charged with governance.
b. Report on Internal Control over Financial Reporting, Compliance and Other Matters c. Management Letter
d. Appropriations Limit
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City Council/Successor Agency
Agenda Item Summary Agenda Item:

Meeting Date:

I.3
April 10, 2024
Agenda Section:

New Business
Staff Contact:

David Kelley, City Manager
Agenda Item Title:

Discussion and Consideration of the City of Cloverdale Draft Budget Goal Statements for Fiscal Year 2024- 2026
_______________________________________________________________________________________ Recommended Council Action(s):

Review and provide direction to staff on Draft Budget Goals for the Fiscal Year 2024-2026 City of Cloverdale Bi-annual Two-Year Operating Budget.
________________________________________________________________________________________ Background:

The budget goals for the current Fiscal Year (FY) 2022-24 two year budget were developed based on the workplan goals set by the City Council during the budget development process in March 2022. The budget goal statements supported by the City Council reflected the Council’s key priorities and enabled staff to prioritize budget expenditures that were based on a strategic workplan focused on implementation of the Council’s Goals.

During the budget development process, the City Council establishes budget goals and strategies to assist with prioritizing operational activities, capital projects, plans and program activities. The budget development goal is to develop a sustainable budget, that enables the City to fund necessary and planned expenditures based on realistic revenue estimates while maintaining minimum required reserve balances in each of the fund accounts contained within the budget. Budget goals are intended to enable the City Council to strategically target budgets toward meeting key community goals, objectives and needs.

The FY 2022-24 Budget goals adopted by the City Council are as follows:
• Drought Response - Promote water conservation and water development projects that enhance and support our local water supply. Continue developing response to the on-going drought conditions by pursuing federal and state funding.
• Revenue Enhancement (economic development) – Explore and Implement Progressive Strategies to enhance fiscal responsibility and raise municipal revenue to fund vital public services and projects that enhance Cloverdale’s quality of life.
• Housing and Homelessness – Address the City’s housing needs with a primary focus on completing the update of the General Plan Housing Element. Complete, adopt and begin implementing the homelessness strategic plan with strategies that provide permanent housing options and address the fundamental causes of homelessness.
• Infrastructure - Invest in the completion of key infrastructure (streets, parks, water/wastewater and city facilities) projects identified in the Adopted Capital Improvement Program. • Technology – Invest in technology improvements that enhance cyber security and protected the City’s IT Infrastructure.
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• Planning & Sustainability – Implement planning initiatives that reduce costs and improve resiliency while meeting sustainability targets and environmental goals. • Emergency Preparedness – Continue to support investments that enhance emergency preparedness and response.
________________________________________________________________________________________ Summary:

City staff is currently preparing a Draft Bi-annual Operating Budget for the first fiscal year beginning July 1, 2024 and ending June 30, 2025 and the second fiscal year beginning July 1, 2025 and ending June 30, 2026.

The draft budget, will identify projected beginning and ending Fund Balances and proposed revenue and expenditures for all City funds in the budget including the following:
• General Fund – Fund 100
• Retirement Fund – Fund 200
• Inclusionary Housing Fund – Fund 205
• Road Maintenance & Rehabilitation Fund – Fund 209
• Gas Tax Fund for Street Maintenance - Fund 210
• Special Purpose funds – Fund 211-225
• Landscape & Lighting Districts – Fund 231-237
• Water Enterprise – Fund 600
• Sewer Enterprise – Fund 700
• Airport Fund- Fund 670
• Impact Fees
The budget working goal has been to maintain a sustainable budget which includes developing a budget that enables the city to maintain minimum required reserve balances, while funding mandated activities and continuing to make measured progress on the Council’s workplan. Staff will utilize the Council’s goal statements to guide preparation of a draft budget for FY 2024-2026 that addresses each of the City’s major funds.

Goal Setting and Budget Process
Staff prepared a PowerPoint presentation on proposed draft budget goals for FY 2024-26 Draft budget. Staff recommends that Council:

1.) Receive the Presentation on the draft budget themes and goals

2.) Conduct an assessment of the existing budget goal statements

3.) Review accomplishments during the previous calendar and fiscal year including projects still in progress

4.) Discuss Proposed Workplan initiatives for FY 2024-25 and FY 2025-26 and provide feedback

5.) Update/modify existing goalsthat Council would like to continue and add key strategies or objectives that will focus the goal statements and enable measurable achievement of progress

6.) Add new goals that reflects the Council’s and staff’s proposed workplan for the coming year.

Budget Process and Timeline
Following presentation by staff and Council review of the draft Budget Goal statements for FY 2024-26, staff recommends that the City Council review and provide early direction to staff on the budget process and 204
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timeline for preparation of the Draft FY 2024-26 City of Cloverdale Operating Budget. Specifically, staff recommends the Council provide feedback on the following budget process and timeline:

1.) Set a date and conduct a Budget Workshop in April (Suggested date – April 30th)

2.) Review Draft FY 2024-26 Budget at the second Council meeting in May 2024

3.) Consider Adoption of Final FY 2024-26 budget at first meeting in June 2024 Staff recommends that the Council provide feedback and direction to staff on the budget process and timeline presented above including whether the Council desires additional public workshops or further discussion on either goal statements or the draft budget during its development. ________________________________________________________________________________________ Options:

1. Provide staff with recommended changes or updates to the FY 2024-26 Budget goals and direct staff to prepare a draft budget for the Council’s consideration at a budget workshop in April 2024; or

2. Recommend staff to conduct further evaluation of the Draft FY 2024-26 budget goals and bring back for additional discussion at a future Council meeting prior to a budget workshop and/or preparation of a draft budget for FY 2024-26.
________________________________________________________________________________________ Subcommittee Recommendation:

This agenda item was directed to the City Council.
________________________________________________________________________________________ Budget/Financial Impact:

There is no direct budget or financial impacts associated with the annual budget goal setting process.

Approval of a Final budget in June 2024 will establish the budget authority for Fiscal Years 2024-26.

Attachments:

1. Presentation
205

CITY COUNCIL

GOAL SETTING WORKSHOP FOR
FY 2024/2025 & FY 2025/26 BUDGET
APRIL 10, 2024
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Goal Setting Agenda
I. Overview of Goal Setting
II. Goal Setting Process for Multi-Year Budgets
III. Goal Setting Process for fy 2024-25 and 2025-26 budgets a. The Importance of a Work Plan-Based Approach to Strategic Planning b. Importance of budget goals in municipal financial management IV. Recap of Budget Themes & Goals for FY 2022-24
V. Review of Draft FY 2024-26 Budget Goal Themes & Statements 207
Overview of Goal Setting Process
Council Conducts Annual Goal Setting process to Inform budget development Historically Developed Top 10 goal list after a three-step process:

1. Compiled List of draft goal statements

2. Conducted workshop and prioritized through a vote by the dot process

3. Numerical rank choice voting to determine top ten goals  Goal Statements are reflected in the annual budget

1. Funding initiatives

2. staffing allocation and

3. operational budgets
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Goal Setting Process for Multi-Year Budget
Integrate goal-setting with budgetary process
 Budget is based upon a well-defined set of specific goal statements Save time and Effort
 Two-Year budget makes strategic use of City Council time spent reviewing budget and staff time preparing annual budget
Reinforce Long term fiscal $ Health
 Broaden the time horizon for the City’s finances (revenues and expenditures) from 12 months to 24 months.
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Goal Setting Process for
FY 24/25 & 25/26
FY 24/25 and 25/26 Budgets are intended to focus on what we do and why • work plan-based approach (what we do) to why (achievements/intended outcomes) Link Goals to resources – Link what we want to accomplish to resources needed or necessary
Set meaningful objectives that can be completed within realistic timeframes Budget will tie funding to programs, projects and activities on workplan • Contain specific Identifiable work tasks
• Provides timelines for implementation/completion
Outcome
 Council/Community priorities are addressed
• Goals and workplan can be adjusted as needed.
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The Importance of a Work Plan-Based Approach to Strategic Planning Understanding Goals and
Objectives
Differentiating Goals and
Objectives
Importance of Clearly Defined
Goals and Objectives
Alignment with Organizational
Mission and Vision
Ensuring Work Plans Align with
Overall Mission and Vision
Linking Activities to
Organizational Priorities
Enhancing Accountability and
Transparency
Tracking Progress towards Goals
and Objectives
Providing Clear Metrics for
Evaluation and Reporting
Maximizing Resource Allocation
Efficiently Allocating Resources
to Prioritized Activities
Minimizing Wastage and
Redundancy through Planning
Facilitating Collaboration and
Coordination
Coordinating Efforts across
Departments or Teams
Enhancing Communication and
Collaboration among
Stakeholders
Fostering Adaptability and
Resilience
Ability to Adapt to Changing
Circumstances
Building Resilience to
Unforeseen Challenges
Improving Decision-Making
Informed Decision-Making Based
on Work Plan Progress
Identifying Opportunities for
Course Correction
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Importance of
Budget Goals in
Municipal
Financial
Management
Fiscal Responsibility
• Ensures prudent use of taxpayer funds
• Helps maintain balanced budgets
• Facilitates long-term financial stability
Strategic Planning
•Aligns budget allocation with city
priorities
•Supports effective resource allocation
•Promotes efficient service delivery
Accountability and Transparency
• Enhances accountability to citizens
• Provides clear benchmarks for
performance evaluation
• Increases transparency in financial
decision-making
Flexibility and Adaptability
• Allows for adjustment of priorities as
needed
• Facilitates response to changing
economic conditions
• Promotes resilience in the face of
unforeseen challenges
Enhanced Financial Management
• Supports better financial forecasting and
planning
• Helps identify cost-saving opportunities
• Improves overall financial performance
and efficiency
Economic Development
• Stimulates investment in infrastructure
and services
• Attracts businesses and residents to the
city
• Spurs economic growth and prosperity
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Budget Themes for FY 2022-24
Drought
Response
Revenue
Enhancement
(economic
development)
Housing and
Homelessness
Infrastructure Information
Technology
Planning &
Sustainability
Emergency
Preparedness
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Budget Goal Statements for FY 2022-24
9 Drought
Response
Promote water
conservation and
water development
projects that enhance
and support our local
water supply..

Revenue
Enhancement
(economic development)
Enhance fiscal
responsibility and raise
municipal revenue to
fund vital public services
and projects that
enhance Cloverdale’s
quality of life.

Housing and
Homelessness
Address the City’s
housing needs by
completing the update
of the General Plan
Housing Element.

Adopt homelessness
strategic plan with
strategies that provide
permanent housing
options and address the
fundamental causes of
homelessness.

Infrastructure
Invest in the completion
of key infrastructure
(streets, parks,
water/wastewater and
city facilities) projects
identified in the
Adopted Capital
Improvement Program
Technology
Invest in technology
improvements that
enhance cyber
security and protected
the City’s IT
Infrastructure.

Planning &
Sustainability
– Implement planning
initiatives that reduce
costs and improve
resiliency while
meeting sustainability
targets and
environmental goals.

Emergency
Preparedness
– Continue to support
investments that
enhance emergency
preparedness and
response.
214
Draft Budget Themes for FY 2024-26
WATER

INFRASTRUCTURE

REVENUE

ENHANCEMENT
(ECONOMIC

DEVELOPMENT)

HOUSING AND

HOMELESSNESS

STREET & PEDESTRIAN

IMPROVEMENTS

PUBLIC SAFETY

OPERATIONS

PLANNING &

SUSTAINABILITY

PARKS & RECREATION
215
Draft Budget Goal Statements for FY
2024-26
11 Water Infrastructure
Improve water infrastructure to ensure the
provision of safe, reliable, and long-term
sustainable water service through strategic
investments.

Revenue Enhancement
(Economic Development)
Enhance fiscal responsibility and raise
municipal revenue to fund vital public
services and projects that enhance
Cloverdale’s quality of life.

Housing and
Homelessness
Address the City’s housing needs by
implementing the General Plan Housing
Element and Homelessness Strategic plan.

Parks & Recreation
Create accessible, high-quality parks,
facilities, and recreational opportunities that
enhance community well-being, strengthen
social bonds, and contribute to a vibrant and
livable city.

Street & Pedestrian
Invest in the maintenance, rehabilitation,
and enhancement of streets, sidewalks,
crosswalks, and bicycle facilities to
encourage safe multi-modal travel.

Planning & Sustainability
Implement planning initiatives that reduce
costs and improve resiliency while meeting
sustainability targets and environmental
goals.

Public Safety Operations
Continue to support investments that
enhance public safety operations and
emergency preparedness and response.
216
Parks &
Recreation
Parks & Recreation - Developing a Comprehensive Parks & Recreation Program for Community Well-being Goal Statement
Create accessible, high-quality parks, facilities, and recreational opportunities that enhance community well-being, strengthen social bonds, and contribute to a vibrant and livable city.

Objectives:

To allocate resources for the development and enhancement of a robust parks and recreation program in Cloverdale, fostering community engagement, promoting health and wellness, and enriching the quality of life for residents of all ages.

Implementation Measures:

1. Development of Park Facilities and Amenities:
 Allocate funds for the acquisition, development, and maintenance of parks, playgrounds, sports fields, trails, and recreational facilities to meet the recreational needs of residents of all ages and abilities.  Prioritize equitable distribution of park resources to ensure universal access to recreational opportunities.

2. Establish Park & Recreation Program:
 Establish a Park & Recreation Program that provides a diverse range of recreational programs, classes, and events catering to the interests and preferences of residents, including sports leagues, fitness classes, arts and cultural activities, and community celebrations.
 Allocate funding for staff, instructors, equipment, and materials necessary to deliver high-quality programming that engages participants and fosters social connections.

3. Enhancement of Natural Areas and Open Spaces:
 Invest in the preservation and enhancement of natural areas, within the City to provide opportunities for outdoor recreation, environmental education, and nature appreciation.
 Implement sustainable landscaping practices, including drought resistant landscaping and fire fuel reduction.

4. Support Accessibility and Inclusivity of City Parks & Facilities:
 Ensure that parks and recreation facilities are accessible to individuals of all ages, abilities, and backgrounds, including those with disabilities or limited mobility.
 Invest in ADA-compliant infrastructure, inclusive design features, and accessible transportation options to remove barriers and promote equitable participation in recreational activities.

5. Community Engagement and Partnerships:
 Foster collaboration with community organizations, schools, businesses, and nonprofits to leverage resources, expertise, and volunteer support for the development and implementation of parks and recreation initiatives.  Engage residents in the planning, design, and programming of parks and recreation facilities through community input sessions, surveys, and participatory decision-making processes. 217
Streets &
Pedestrian
Street & Pedestrian - Investing in Streets and Pedestrian Improvements for Safe and Accessible Transportation Goal Statement
Invest in the maintenance, rehabilitation, and enhancement of streets, sidewalks, crosswalks, and bicycle facilities to encourage safe multi-modal travel.

Objective
Establish a dedicated budget for the investment and improvement of streets and pedestrian infrastructure in Cloverdale, prioritizing safety, accessibility, and connectivity for all residents and visitors.

Implementation Measures:

1. Street Maintenance and Rehabilitation:
 Allocate funds for routine maintenance activities, such as street striping, pothole repairs, and pavement resurfacing, to prolong the lifespan and functionality of existing roadways.  Prioritize the rehabilitation and reconstruction of deteriorating streets and road segments to improve safety, reduce vehicle wear and tear, and enhance overall road conditions.

2. Pedestrian Safety and Accessibility:
 Adopt the Active Transportation Plan  Invest in the construction and upgrade of sidewalks, crosswalks, curb ramps, and pedestrian crossings to improve accessibility and safety for pedestrians, including individuals with disabilities, seniors, and children.  Implement traffic calming measures, such as speed humps, pedestrian islands, and enhanced signage, to reduce vehicle speeds and enhance pedestrian safety in residential and commercial areas.

3. Complete Streets Design:
 Adopt a complete streets approach to street design and planning, integrating multi-modal transportation features, such as bike lanes, transit stops, and pedestrian amenities, into roadway projects to accommodate the needs of all users.  Allocate funding for streetscape enhancements, landscaping, street furniture, and public art installations to create attractive and inviting public spaces that promote walking, cycling, and social interaction.

4. Connectivity and Multi-Modal Transportation:  Enhance connectivity and accessibility within the transportation network by investing in multi-modal transportation infrastructure, including bike lanes, multi-use paths, and public transit facilities, to provide viable alternatives to driving and reduce dependence on single-occupancy vehicles.  Support efforts to improve last-mile connectivity and enhance access to public transit options through investments in transit shelters, wayfinding signage, and first-and-last-mile infrastructure.

5. Community Engagement and Collaboration:
 Engage residents, businesses, and stakeholders in the planning, design, and prioritization of streets and pedestrian improvement projects through community meetings, surveys, and participatory decision-making processes.  Foster collaboration with neighboring jurisdictions, transportation agencies, and advocacy groups to leverage resources, coordinate planning efforts, and advocate for regional transportation priorities 218
Water
Infrastructure
Water Infrastructure: Enhancing Water Infrastructure for Safe, Reliable, and Sustainable Service Objective:

To allocate resources and establish a dedicated budget for the improvement of water infrastructure in Cloverdale, ensuring the provision of safe, reliable, and long-term sustainable water service through strategic investments in infrastructure upgrades, maintenance, and modernization.

Goal Statement:

The City of Cloverdale is committed to enhancing its water infrastructure to meet the evolving needs of our community and to ensure the provision of safe, reliable, and sustainable water service for current and future generations. Through strategic investment and prudent financial management, our goal is to prioritize the maintenance, rehabilitation, and modernization of water treatment, distribution, and storage systems, thereby safeguarding public health, promoting environmental stewardship, and ensuring the resilience and reliability of our water supply while sustaining economic growth.

Implementation Measures:

1. Infrastructure Upgrades and Rehabilitation:
 Allocate funds for the repair, replacement, and upgrade of aging water infrastructure, including pipelines, treatment plants, pumping stations, and storage facilities (Cherry Creek Tank), to address deterioration, mitigate risks of failure, and improve system efficiency.  Prioritize projects based on asset condition assessments, risk evaluations, and long-term infrastructure planning to target investments where they are most needed and where they will have the greatest impact on system reliability and performance.

2. Water Quality Assurance and Compliance:
 Invest in water quality monitoring, testing, and treatment technologies to ensure compliance with regulatory standards and to safeguard public health by preventing contamination, disinfection byproducts, and other water quality issues.  Implement best management practices and operational improvements to optimize water treatment processes, minimize water loss, and enhance the overall quality and reliability of the water supply.

3. System Resilience and Sustainability:
 Enhance the resilience and sustainability of the water system by investing in drought response strategies, and water conservation initiatives to mitigate risks of water scarcity, supply disruptions, and environmental degradation.  Promote the use of innovative technologies, such as water reuse, stormwater capture, and groundwater recharge, to diversify water sources, reduce dependence on imported water, and enhance water resource management and sustainability.

4. Asset Management and Long-Term Planning:
 Maintain and rehabilitate the City’s water infrastructure by completing Capital Improvement Projects in accordance with the City’s adopted Capital Improvement Plan .
 Conduct long-term planning and forecasting to anticipate future water demand, population growth, regulatory requirements, and infrastructure needs, ensuring that investments are aligned with projected service levels and community priorities.

5. Stakeholder Engagement and Communication:
 Provide transparent and timely communication to the public about the status of water infrastructure projects, water quality issues, and measures taken to ensure the safety, reliability, and sustainability of the water supply. 219
Public Safety
Public Safety and Emergency Preparedness: Strengthening Public Safety and Emergency Preparedness through Strategic Investments Objective:

To allocate resources and establish a dedicated budget for supporting investments that enhance public safety, police department operations, and emergency preparedness and response capabilities in Cloverdale, ensuring the safety and security of residents and promoting resilience in the face of potential threats and emergencies.

Goal Statement:

The City of Cloverdale is committed to ensuring the safety and well-being of its residents by supporting investments that enhance public safety, police department operations, and emergency preparedness and response capabilities. Through strategic investment and collaborative planning, our goal is to provide our police department with the resources, tools, and training necessary to effectively respond to emergencies, prevent crime, and build community trust, thereby fostering a safe and resilient community for all.

Implementation Measures

1. Police Department Operations and Personnel:
 Allocate funds for the recruitment, training, and retention of qualified personnel to maintain adequate staffing levels and enhance the effectiveness of police department operations, including patrol, investigations, community policing, and specialized units.  Invest in technology, equipment, and resources to support law enforcement activities, such as surveillance systems, communications equipment, forensic tools, and crime analysis software, to improve response times, investigative capabilities, and crime prevention efforts.

2. Community Policing and Engagement:
 Support community policing initiatives and partnerships to promote collaboration between law enforcement agencies and community stakeholders, including residents, businesses, schools, and neighborhood organizations, in addressing public safety concerns and building trust.  Allocate resources for community outreach programs, events, and initiatives that foster positive interactions between police officers and community members, such as neighborhood watch programs, youth mentoring programs, and public safety forums.

3. Emergency Preparedness and Response:
 Invest in emergency preparedness planning, training, and exercises to enhance the city's ability to respond effectively to natural disasters, public health emergencies, terrorist threats, and other crisis situations.  Ensure the availability of essential resources and infrastructure to support emergency response operations, including emergency communications systems, emergency shelters, medical supplies, and equipment for first responders.

4. Technology and Infrastructure Upgrades:
 Upgrade and modernize technology infrastructure, including computer systems, software applications, and data management systems, to support efficient and effective police department operations, information sharing, and data analysis.  Invest in the maintenance and improvement of police facilities to ensure they meet operational needs and provide a safe and secure working environment for personnel.

5. Collaboration and Coordination:
 Foster collaboration and coordination with regional partners, neighboring jurisdictions, and emergency management agencies to leverage resources, share best practices, and enhance interoperability in emergency response and public safety initiatives.  Engage with community organizations, nonprofit agencies, and faith-based organizations to support efforts to prevent crime, address social issues, and promote community resilience and well-being. 220
Planning &
Sustainability
Planning & Sustainability: Implementing Cost-Effective Planning Initiatives to Enhance Resilience and Sustainability Objective:

Development of planning policies that provide for community engagement, comprehensive planning, and responsible growth management to protect open space, natural resources, and community character. Implement planning initiatives in the General Plan that reduce costs, improve resiliency, and promotes responsible and sustainable development practices, ensuring an economic and environmentally sustainable, and resilient future for Cloverdale.

Goal Statement:

The City of Cloverdale is committed to proactively addressing the challenges of climate change, resource scarcity, and enviro nmental degradation by implementing planning initiatives that reduce costs, enhance resiliency, and promote sustainability. Through strategic investment and collaborative planning, our goal is to identify and prioritize cost-effective solutions that minimize environmental impacts, and improve the long-term viability and livability of our city for current and future generations.

Implementation Measures

1. Develop Comprehensive Objective Design Standards:
 Develop comprehensive objective design standards to provide clear and consistent guidelines for the review of new development projects in Cloverdale.
 Establish criteria and benchmarks for evaluating architectural design, site planning, landscaping, and other aspects of development to ensure compatibility with the surrounding built environment and adherence to community design principles.

2. Develop a Hillside Development Ordinance:
 Allocate funds for a comprehensive assessment of hillside areas within Cloverdale to identify environmentally sensitive areas, geologic hazards, and other factors that may influence development suitability and risk.

3. Transportation and Mobility Planning:
 Complete the Update of the General Plan Circulation element.  Pursue grant funding that supports Investment in transportation and mobility planning initiatives that prioritize sustainable modes of transportation, such as walking, cycling, public transit, and electric vehicles, to reduce traffic congestion, air pollution, and greenhouse gas emissions.

4. Preparation of Urban Growth Boundary Ballot Initiative:
 Allocate funds for a comprehensive land use and growth analysis to evaluate current development patterns, assess future growth projections, and identify areas suitable for development within the city limits.s.  Develop and implement adaptation strategies, such as floodplain management, to enhance community resilience and reduce the potential for property damage, economic losses, and public health impacts.

5. Collaboration and Stakeholder Engagement:
 Foster collaboration and partnership with community stakeholders, government agencies, nonprofit organizations, and private sector entities to leverage resources, share expertise, and coordinate efforts in addressing sustainability and environmental challenges.  Engage residents, businesses, and institutions in the planning, design, and implementation of sustainability initiatives through public outreach, participation, and consultation processes, ensuring that diverse perspectives and priorities are considered and integrated into decision-making. 221
Housing and
Homelessness
Housing & Homelessness: Addressing Housing Needs through Implementation of the General Plan Housing Element and Homelessness Strategic Plan
Objective:

To allocate resources and establish a budget framework for addressing the City's housing needs by implementing the General Plan Housing Element and Homelessness Strategic Plan in the City of Cloverdale's draft FY 2024-26 budget, ensuring the provision of affordable, accessible, and sustainable housing options for all residents, including efforts to address homelessness and housing insecurity.

Goal Statement:

The City of Cloverdale is committed to addressing its housing needs and ensuring that all residents have access to safe, affo rdable, and sustainable housing options that meet their needs. Through strategic investment and collaborative planning, our goal is to implement the General Plan Housing Element and Homelessness Strategic Plan, which provide a comprehensive framework and actionable strategies for addressing housing affordability, availability, and homelessness in our community.

Implementation Measures

1. Implement the General Plan Housing Element:
 Implement housing policy and regulatory reforms to address remove barriers and streamline processes for housing development, including zoning changes, density bonuses, expedited permitting, and streamlined approval processes for affordable housing projects.  Update land-use regulations, development standards, and housing policies to address General Plan Policies that encourage the construction of diverse housing types, such as accessory dwelling units (ADUs), mixed-use developments, and affordable housing complexes, that meet the needs of Cloverdale's population.

2. Affordable Housing Development and Preservation:
 Coordinate with Sonoma County on the dedication of housing funds (CoC, BAHFA, CDBG) for the development and preservation of affordable housing units in Cloverdale through partnerships with developers, nonprofit organizations, and housing agencies.  Support affordable housing projects through funding mechanisms such as grants, loans, tax incentives, and land-use policies that promote the creation of affordable housing units and protect existing affordable housing stock from displacement and gentrification.

3. Homelessness Prevention and Support Services:
 Establish and support Investments in homelessness prevention programs and support services, such as rental assistance, case management, mental health services, and job training programs, to assist individuals and families at risk of homelessness and help them maintain stable housing.
 Collaborate with community-based organizations, service providers, and government agencies to coordinate efforts and leverage resources for homeless outreach, emergency shelter, transitional housing, and permanent supportive housing programs.

4. Access to Affordable Homeownership:
 Expand homeownership opportunities for low- and moderate-income households through down payment assistance programs, first-time homebuyer assistance programs, and homebuyer education and counseling services to promote sustainable homeownership and wealth building.
 Work with lending institutions, housing agencies, and nonprofit organizations to provide financing options and homeownership support services tailored to the needs of underserved communities and marginalized populations. 222
Revenue
Enhancement
Revenue & Enhancement: Enhancing Fiscal Responsibility and Revenue Generation for Vital Public Services and Projects Objective:

To allocate resources and establish a budget framework for enhancing fiscal responsibility and raising municipal revenue in t he City of Cloverdale's draft FY 2024-26 budget, ensuring sustainable funding for vital public services and projects that enhance the quality of life for residents and promote community well-being.

Goal Statement:

The City of Cloverdale is committed to enhancing fiscal responsibility and raising municipal revenue to fund vital public services and projects that improve the quality of life for our residents and contribute to the overall prosperity and well-being of our community. Through strategic investment and prudent financial management, our goal is to identify opportunities to increase revenue streams, optimize resource utilization, and prioritize funding for critical infrastructure, public safety, social services, and community development initiatives that address the evolving needs and priorities of our community.

Implementation Measures

1. Revenue Diversification and Enhancement:
 Explore and implement strategies to diversify and enhance municipal revenue streams, such as increasing fees, charges, and taxes, expanding economic development efforts, and leveraging public-private partnerships and revenue-generating opportunities.  Evaluate existing revenue sources and identify opportunities for optimization, enhancement, and innovation to maximize revenue generation potential while minimizing financial burdens on residents and businesses.

2. Cost Reduction and Efficiency Improvement:
 Implement cost reduction and efficiency improvement measures to optimize resource utilization, streamline operations, and reduce unnecessary expenditures, such as consolidating services, renegotiating contracts, and leveraging technology solutions to improve productivity and eliminate waste.  Conduct performance reviews, benchmarking analyses, and operational assessments to identify areas for cost savings, process improvements, and service optimization that maintain or enhance service levels while minimizing costs and maximizing value for taxpayers.

3. Prioritization of Funding for Vital Public Services and Projects:
 Prioritize funding for vital public services and projects that enhance Cloverdale's quality of life, including infrastructure improvements, public safety initiatives, social services, parks and recreation programs, and community development projects that address community needs and promote equitable access to opportunities and resources.  Allocate resources based on evidence-based decision-making, data-driven analysis, and community input to ensure that funding priorities align with community values, priorities, and desired outcomes for sustainable development and growth.

4. Long-Term Financial Planning and Sustainability:
 Continue to develop and implement long-term financial planning strategies and sustainability initiatives to ensure the fiscal health, stability, and resilience of the City of Cloverdale over the medium and long term, including establishing reserve funds, debt management policies, and fiscal contingency plans to mitigate risks and uncertainties.  Conduct financial forecasting to anticipate and prepare for potential economic downturns, revenue fluctuations, and unexpected expenses, ensuring that the city remains financially viable and able to meet its obligations and commitments to residents.

5. Transparency, Accountability, and Public Engagement:
 Enhance transparency, accountability, and public engagement in the budgeting process by providing timely and accessible information about municipal finances, budget priorities, and decision-making processes to residents, businesses, and stakeholders.  Engage residents in the budgeting process through public hearings, town hall meetings, surveys, and other outreach efforts to solicit input, gather feedback, and foster greater community involvement and ownership of municipal finances and priorities.

Economic Development
223
From: Melanie Bagby
To: Michael Maloney
Subject: Council Report 3/28-4/10
Date: Wednesday, April 10, 2024 1:27:00 PM
3/28 Attended GRTA Board meeting, Healdsburg. Approved Great Redwood Trail Draft Master Plan (www.greatredwoodtrailplan.org)
3/29 Met with constituent regarding matter of local concern 3/29 Attended Erin Mavis/SoCo Trading expansion ribbon-cutting 4/3 Attended SMART Exec and Board Meetings
4/5 Met with constituent regarding matter of local concern 4/8 Attended SCTA/RCPA Exec and Board meetings
Melanie Bagby
Councilmember, City of Cloverdale
707-893-7170 • [email protected]
224
April 2, 2024
Kirsten Wiard-Bauer, FTA Program Manager
FTA Office of Program Management
1200 New Jersey Avenue, S.E.

Washington, D.C. 20590
RE: Support for Sonoma County Transit Low-No Grant
Dear Ms. Wiard-Bauer:

The City of Cloverdale offers its support for Sonoma County Transit’s application for an FTA Low-No Grant that seeks funding assistance for the purchase of seven 40’ battery electric buses. The total request of the grant is $8,746,500 which includes 5% for workforce development.

The new buses will be deployed on Sonoma County Transit’s intercity routes which provide links to all cities and downtown Santa Rosa where transfers to local and regional bus and rail connections can be made. Funding for these buses will allow for timely replacement of existing buses and will significantly aid in transitioning Sonoma County Transit’s fleet to be fully zero-emission before 2035.

Battery-electric vehicles are more efficient and have lower operating and maintenance costs than the buses they replace. If awarded, these electric buses will enable our region to realize the significant performance, public health, and financial benefits that fleet electrification provides.

The City has established goals and policies related to reducing emissions. Electrifying our countywide bus fleet in an expeditious manner is a key component to meeting those goals.

Thank you for your consideration.

Sincerely,
____________________________
Todd Lands, Mayor
225

Cloverdale City CouncilApril 10, 2024

Cloverdale City Council
April 10, 2024