Agenda packet — Healdsburg City Council, January 18, 2022 (part 2 of 2)

2. Conditionally awards the construction contract for the Water Reclamation Facility Equalization Pond Solids Removal and Disposal Project, Project PWS942 to Clean Harbors Environmental Services, Inc., for a not to exceed amount of $205,692.

3. Authorizes the City Manager to execute a contract with Clean Harbors Environmental Services, Inc. for the Water Reclamation Facility Equalization Pond Solids Removal and Disposal Project, Project PWS942 and approve project change orders up to 10% of the total project cost or an amount not to exceed $20,570.

4. Authorizes the transfer of $226,262 from the Wastewater Development Impact Fee Fund to the Wastewater Fund and the augmentation of the Wastewater Fund by $226,262, as described in Exhibit A, to fund this project with the authorized contingency.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg, County of Sonoma, State of California, this 18th day of January 2022, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ _________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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Packet Pg. 224 Attachment: Resolution (3461 : Award EQ Pond Cleaning)

ACCOUNT NUMBER INCREASE AMOUNT DECREASE AMOUNT DESCRIPTION 930-8080-42301-00000 $ 226,262.00 Transfer out: From Wastewater Impact Fee Fund 530-1000-39001-00000 $ 226,262.00 Transfer in: To Wastewater Fund 530-6369-43215-00000 $ 226,262.00 Budget Authority Increase: Wastewater Repairs and Maintenance EXHIBIT A: WRF Equalization Pond Solids Removal and Disposal Project Budget Amendment

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Packet Pg. 225 Attachment: Exhibit A (3461 : Award EQ Pond Cleaning)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 18, 2022
SUBJECT: Adoption of Resolution Authorizing Remote Meetings PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Provide Effective Governance
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Adopt a Resolution authorizing remote meetings of the City Council and other legislative bodies.

COMMUNITY ENGAGEMENT/OUTREACH:

The City has made and continues to engage in extensive outreach to the community regarding the City’s response to COVID-19, including updates at public meetings.

BACKGROUND:

On or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19 following one official COVID-19 death.

When the COVID-19 pandemic started, local agency boards struggled to conduct their meetings in compliance with the Brown Act’s public accessibility requirements while still abiding by stayat-home orders. As a result, Governor Newsom signed Orders N-25-20, N-29-20, and N-35-20 to grant local agencies the flexibility to meet remotely during the COVID-19 pandemic. These orders expired on September 30, 2021.

DISCUSSION/ANALYSIS:

On September 16, 2021, Governor Newsom signed into law AB 361 – Brown Act: Remote Meetings During Emergencies. AB 361, codified at Government Code Section 54953(e)(1)(B), amended the Brown Act to allow public agencies to allow local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local

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legislative body determines, by majority vote, that as a result of the emergency, meeting entirely in person without restrictions would present imminent risks to the health or safety of attendees.

By adopting the proposed resolution, the Council would, on behalf of the City Council and all other legislative bodies formed by the Council, make the findings required by AB 361 to meet remotely. Because the Council is required to make these findings every thirty days, staff will place a version of this resolution on the consent calendar at all subsequent meetings, until the Council decides that meeting fully in person will no longer pose an imminent risk to the health or safety of attendees.

ENVIRONMENTAL STEWARDSHIP:

This section is not applicable.

ALTERNATIVES:

Because the Governor’s Order authorizing online meetings has expired, if the Council does not adopt the proposed resolution, the Council should immediately return to in-person meetings.

FISCAL IMPACT:

There is not a fiscal impact as a direct result of this action.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Resolution
Public Meeting COVID-19 Protocols for the City of Healdsburg

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CITY OF HEALDSBURG
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AND ON BEHALF OF COMMISSIONS AND

COMMITTEES CREATED BY THE CITY COUNCIL

PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54952(b) AUTHORIZING TELECONFERENCE
MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT
CODE SECTION 54953(e)) TO CONTINUE TO ALLOW

MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN

LOCAL GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and
WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID 19) and that State of Emergency is still in effect in the State of California; and WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Healdsburg that the City Council does hereby:

1. Find that Current Conditions Authorize Teleconference Public Meetings of

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Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and the Sonoma County Public Health Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

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

3. Authorize Legislative Bodies to Conduct Hybrid Meetings. The Legislative Bodies are hereby authorized to conduct meetings in a “hybrid” format, whereby members of the Body and members of the public may elect to be present in person, utilizing appropriate safety procedures, or participate by teleconferencing technology. Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies to do so, and will otherwise occur in a manner that protects the statutory and constitutional rights of members of the public attending the meeting via teleconferencing. In-person meetings will be held consistent with the protocols described in Exhibit A to this Resolution.

PASSED and ADOPTED by the City Council of the City of Healdsburg, County of Sonoma, State of California, this 18th day of January 2022, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
________________________________ ___________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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PUBLIC MEETING COVID-19 PROTOCOLS

FOR THE CITY OF HEALDSBURG
SCOPE: These protocols shall apply to all public meetings held in the Council Chamber located at Healdsburg City Hall, 401 Grove Street, Healdsburg, California, by the City Council and by any and all boards, committees and commissions created and/or appointed by the City Council.

APPLICABILITY: These protocols shall apply to all participants, including members of the public, elected officials, appointed members of all boards, committees and commissions, city staff, consultants, applicants, contractors, and any other person or individual attending or participating in a public meeting in the Council Chamber.

In addition to these protocols, the City of Healdsburg will follow all laws, regulations, policies, and orders from all relevant public agencies, including the Center for Disease Control, California Department of Public Health, CalOSHA, and the Sonoma County Public Health Officer.

PURPOSE: The City intends to implement a hybrid public meeting format to allow all participants of a public meeting in the Council Chamber to participate either in-person or remotely via teleconference in a manner consistent with provisions of the Ralph M. Brown Act. Due to the fact that all participants of a public meeting that choose to participate in-person in the Council Chamber will therefore be in a confined indoor space and, the period of confinement will more likely than not be longer than 15 minutes, the City is adopting these protocols to protect the public health, safety and general welfare and thereby limit the potential risks associated with COVID-19.

COMMITMENT TO PUBLIC PARTICIPATION: None of the protocols established herein are intended to limit public participation by participants of a public meeting in the Council Chamber in any way; indeed, the intent is to protect the statutory and constitutional rights of participants appearing before the legislative bodies of the City of Healdsburg, while protecting the public health, safety and general welfare. Any participant of a public meeting that desires to participate in-person in the Council Chamber that is unable or unwilling to comply with the inperson attendance protocol outlined below, or otherwise chooses not to participate in-person in a public meeting in the Council Chamber, will have the right and ability to participate in a public meeting in the Council Chamber remotely via teleconference in a manner consistent with provisions of the Ralph M. Brown Act.

IN-PERSON ATTENDANCE PROTOCOL:

1. Vaccination: Until otherwise determined, all participants of a public meeting in the Council Chamber that choose to participate in-person shall be required to provide proof of COVID-19 vaccination to an appropriate City official before they are allowed entry into the Council Chamber. Participants of a public meeting in the Council Chamber that wish to participate in-person, but do not provide the appropriate proof of vaccination, shall not be permitted entry into the Council Chamber, shall not enter the Council Chamber, shall not remain in the Council Chamber should they otherwise gain entry, and shall leave the Council Chamber upon instruction from an appropriate City official. Any participant of a public meeting in the Council Chamber who is not permitted entry into the Council Chamber will be provided instructions on how to participate in the public meeting in the Council Chamber remotely via teleconference. Participants of a public meeting in the

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Council Chamber who wish to participate in-person shall provide one of the following proofs of vaccination to an appropriate City official in order to be permitted entry into the Council Chamber:
a. A completed COVID-19 vaccination record card.
b. A digital copy of their COVID-19 Vaccine Record, which can be obtained at:
www.myvaccinerecord.cdph.ca.gov

2. Face Covering: Consistent with the most current policy from the Sonoma County Public Health Officer, all participants of a public meeting in the Council Chamber that wish to participate in-person shall wear a compliant face covering over their nose and mouth at all times. The City of Healdsburg will provide appropriate face coverings at all public meetings conducted in the Council Chamber which shall be available to any participant who requests one. Any participant of a public meeting permitted entry into the Council Chamber, who thereafter fails or refuses to appropriately affix a face covering over their nose and mouth following one or more warning(s) from an appropriate City official, shall leave the Council Chamber upon instruction from an appropriate City official.

3. Social Distancing and Occupancy Limits: The occupancy limit in the Council Chamber will be reduced by at least 50%.
a. Due to limited capacity, participants who indicate they are only interested in a specific item may be asked to wait outside the Council Chamber until their item is called on the agenda.
b. City staff will monitor occupancy within the Council Chamber to ensure proper social distancing is maintained. All participants of a public meeting permitted entry into the Council Chamber shall obey all directions from City staff provided to ensure proper social distancing is maintained. Any participant of a public meeting permitted entry into the Council Chamber who fails or refuses to obey the directions from City staff provided to ensure social distancing, following one or more warning(s) from an appropriate City official, shall leave the Council Chamber upon instruction from an appropriate City official.
c. City staff and outside consultants to the City will, as appropriate or directed by the City Manager, participate in the public meeting remotely via teleconference.

4. Enforcement: In the event a participant of a public meeting in the Council Chamber refuses or fails to obey a decision, direction or instruction of an appropriate City official issued pursuant to these In-Person Attendance Protocols, the Chief of Police, or his or her designee, may in his or her discretion, or at the direction of the City Manager or the Presiding Officer of the public meeting, take appropriate and reasonable steps to enforce the decision, direction or instruction of the appropriate City official and/or remove the offending participant from the Council Chamber. Additionally, the Presiding Officer of the public meeting may, in his or her discretion, suspend and adjourn the public meeting and/or clear the Council Chamber of all participants in the event of a disturbance and/or disruption to the public meeting, and thereafter reconvene the public meeting once the matter is resolved.

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CLEANING PROTOCOL: The Council Chamber shall be professionally cleaned after each public meeting. City staff will additionally use an electrostatic cleaner to disinfect the Council Chamber after each use.

AIR FILTRATION: Air control settings in the Council Chamber will be adjusted to allow for maximum fresh air flow during public meetings. When conditions allow, doors may be left open to facilitate additional fresh air circulation.

DISTRIBUTION OF PROTOCOLS TO PARTICIPANTS: A copy of these protocols shall be published and posted on the City’s website and shall be made available at the entry to the Council Chamber for distribution to all participants of a public meeting seeking to gain entry to the Council Chamber.

CHANGES TO PROTOCOL: The City Council may, from time to time, amend, modify, suspend and/or terminate and repeal all or any portion of these protocols as it may determine to be appropriate and necessary in consideration of changes in conditions or the need to protect the statutory and constitutional rights of participants appearing before the legislative bodies of the City of Healdsburg, while protecting the public health, safety and general welfare.

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Packet Pg. 232 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3471 : Resolution authorizing remote meetings)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 18, 2022
SUBJECT: Amend the Healdsburg Municipal Code updating the Water Shortage Contingency Plan to better comply with statewide recommendations.

PREPARED BY: Terry Crowley, Utilities Director
STRATEGIC INITIATIVE(S):

Provide Effective Governance
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Introduce for first reading, by title only, waiving further reading of the text, an Ordinance of the City Council of the City of Healdsburg amending section 13.12.220 of the Healdsburg Municipal Code, Water Shortage Contingency Plan.

COMMUNITY ENGAGEMENT/OUTREACH:

During 2021 several public meetings were held to discuss and finalize the 2020 Urban Water Management Plan. Those meeting included discussions on Healdsburg’s Water Shortage Contingency Plan and amendments recommended by the State.

BACKGROUND:

During times of drought and short water supplies the City of Healdsburg relies on section

13.12.220 of the Healdsburg Municipal Code (HMC) to effect water conservation. The City’s current code contains three stages of water conservation. The first stage allows for a 10-percent voluntary reduction in water use, the second stage requires a 20-percent reduction, and the third stage requires a 40-percent or greater reduction in water usage.

To provide consistency across California, the Department of Water Resources (DWR) recommends amending Water Shortage Contingency Plans to include six stages of conservation.

Each stage would include progressively higher levels of conservation in increments of 10- percent. Additionally, each stage would provide guidance on what uses of water are either reduced or fully prohibited to meet the needed reduction in water demands.

Currently the City of Healdsburg has implemented stage two of the existing code. Stage two requires a 20-percent reduction in water usage and restricts certain types of water usage such as

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new swimming pools, washing of sidewalks with potable water, use of potable water for construction purposes, and others.

DISCUSSION/ANALYSIS:

To meet DWR’s recommendations, city staff and the city attorney have drafted amendments to HMC section 13.12.220. Primarily these amendments increase the number of water conservation stages from three to six and include additional water conservation measures appropriate for each stage. Additionally, the proposed amendments allow the City Council flexibility to change or modify water use restriction as needed. Creating flexibility within the ordinance allows the City Council to adjust to changing community needs and priorities during future water shortages.

The table below provides a summary of the stages and some of the water use restrictions within each stage. Included with the proposed amendments is the concept of a residential water budget.

Within stages four through six, the proposed residential water budget provides a measurable goal for City’s water customers while also providing flexibility for residents in how they choose to save water. Additionally, stages five and six restrict new development by requiring developers achieve an equal or greater amount of conservation within the community before being granted temporary or final occupancy.

Water Conservation Stage Summary of Included Stages
Stage 1 – 10% Customer education and outreach, common sense conservation measures such as not washing sidewalks, reducing irrigation, using automatic shut-off nozzles
Stage 2 – 20% Irrigation 3x/week, restaurants only serve water upon request, halt permits for new pools, repair leaks within seven-days, construction using recycled water, hotels and restaurants educating guest on water conservation
Stage 3 – 30% Irrigation 2x/week, prohibit new plantings except for droughtresistant landscapes, no power washing unless necessary for public health, Residential water budget of 4-HCF (99 gallons per person per day), Commercial and Industrial reduction of 30% or greater
Stage 4 – 40% Irrigation 1x/week but prohibit irrigation of ornamental lawns, Residential water budget of 3-HCF (74 gallons per person per day), Commercial and Industrial reduction of 40% or greater Stage 5 – 50% No outdoor irrigation, Residential water budgets of 2-HCF (50 gallons per person per day), Commercial and Industrial reduction of 50% or greater, new development must achieve an equal amount of water conservation prior to receiving occupancy (exemption for affordable housing)
Stage 6 – Greater than 50% No outdoor irrigation, Water budgets of less than 40 gallons per person per day, Commercial and Industrial reduction of 60% or greater, new development must achieve two-times the water conservation prior to receiving occupancy (exemption for affordable housing)

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The proposed measures are designed to achieve the desired level of conservation. However, as the City implements water conservation during normal and wet years, there may be a need for the Council to modify these restrictions. As mentioned earlier, at the time of implementing any of the stages the City Council can modify the existing restrictions or add new restrictions to achieve the needed conservation. This flexibility helps assure that the city will be able to respond to future droughts and water shortages.

Currently the City is under Stage 2 water restrictions. The current and proposed Stage 2 restrictions align well and will not require modifications to restrictions currently in place. One notable difference is that the current ordinance allows outdoor irrigation every other day and the proposed amendment restricts outdoor irrigation to three days per week (Tuesday, Thursday, and Saturday). Due to current soil conditions and temperatures, irrigation is not needed at this time and this change should not impact the public.

ENVIRONMENTAL STEWARDSHIP:

Conservation of water, especially during times of drought and short water supplies, preserves water necessary to support the natural environment. While the Russian River supplies the city with drinking water, the Russian River also supports the plants and animals existing along the Russian River. Having a plan in place to effectively reduce water demands helps support the natural environment surrounding Healdsburg.

ALTERNATIVES:

The City Council could choose not to adopt the proposed amendment and provide further direction to staff. Staff does not recommend this action as the amendments are needed to improve the City’s ability to respond to droughts and build consistency in messaging throughout the watershed.

FISCAL IMPACT:

Beyond staff time, there is no fiscal impact with the proposed amendments. Should the City experience a shortage in water supplies, enacting the water shortage contingency plan will reduce water usage and subsequently reduce revenues necessary to continue the operation of the City’s water utility.

ENVIRONMENTAL ANALYSIS:

The recommended action is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), in that the ordinance will strengthen the City’s ability to manage its water resources. The project is also exempt from review under the California Environmental Quality Act under the “common sense” exemption, CEQA Guidelines section 15061(b)(3)), since “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Therefore, no further CEQA or environmental review is required.

ATTACHMENT(S):

Ordinance
Exhibit A: Water Shortage Contingency Plan

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CITY OF HEALDSBURG
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AMENDING HEALDSBURG MUNICIPAL
CODE SECTION 13.12.220, WATER SHORTAGE

EMERGENCY PLAN
WHEREAS, the City of Healdsburg recently completed a draft version of the 2020 Urban Water Management Plan (UWMP); and,
WHEREAS, the City’s current water shortage contingency plan, described in Healdsburg Municipal Code Section 13.12.220, only includes three stages of conservation measures; and, WHEREAS, as recommended by the Department of Water Resources, the draft 2020 UWMP recommends establishing six stages of water conservation; and WHEREAS, creating six stages will provide consistency with other State and regional water purveyors and improve messaging to the public when conservation is needed.

Now therefore, the City Council of the City of Healdsburg does herby ordain as follows:

SECTION 1. Repeal and Replacement of Section 13.12.220 of the Healdsburg Municipal Code.

Section 13.12.220 (Water Shortage Emergency Plan) of the Healdsburg Municipal Code is hereby repealed and replaced with Section 13.12.220 (Water Shortage Contingency Plan) as fully set forth in Exhibit A.

SECTION 2. Compliance with the California Environmental Quality Act.

The City Council finds and determines that enactment of this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), in that the ordinance will strengthen the City’s ability to manage its water resources. The City Council also considers the project exempt from review under the California Environmental Quality Act under the “common sense” exemption, CEQA Guidelines section 15061(b)(3)), since “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
SECTION 3. Severability.

The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality

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Packet Pg. 236 Attachment: Ordinance (3466 : Water Shortage Ordinance Amendment) shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

SECTION 4. Inclusion in the Healdsburg Municipal Code.

It is the intention of the Healdsburg City Council that the text as amended in Section 1 of this ordinance be made a part of the Healdsburg Municipal Code and that the text may be renumbered or re-lettered and the word “Ordinance” be changed to “Section,” “Chapter,” or any other appropriate word or phrase consistent with this intention.

SECTION 5. Effective Date and Duration.

This Ordinance of the City of Healdsburg shall take effect and be in force 30 days after the date of its passage.

SECTION 6. Publication.

Within fifteen (15) days of its passage, this ordinance shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the members of the City Council voting for and against its passage.

This Ordinance was introduced at a regular meeting of the Healdsburg City Council on the 18th day of January 2022, and was adopted at a regular meeting of the Healdsburg City Council on the ___ day of _____, 2022, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAIN: Councilmembers: ( )

SO ORDERED ATTEST
________________________________ _________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk
Dated: ___________________________

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Packet Pg. 237 Attachment: Ordinance (3466 : Water Shortage Ordinance Amendment) EXHIBIT A: WATER SHORTAGE CONTINGENCY PLAN

13.12.220 Water shortage contingency plan.

A. Title. This section shall be known as the “water shortage contingency plan” of the City of Healdsburg and may be so cited.

B. Purpose and Intent. The purpose of this Water Shortage Contingency Plan (Plan) is to establish different levels of water conservation during a water shortage resulting from a reduced supply of water such as may result from drought, water supply shortages, failures of City infrastructure, or limitations of water delivery conditions.

Nothing in this section will preclude the City Council from passing an emergency resolution for the immediate curtailment of water use by its customers due to water supply shortages and delivery limitations caused by catastrophic events and conditions, either natural or unnatural.

C. Authorization. The City Manager or his or her designee is authorized and directed to implement the applicable provisions of this section upon adoption of a City Council resolution determining that such implementation is necessary to protect the public health, safety, and welfare.

D. Application. The provisions of this plan shall apply to all customers and property served by the City’s potable water and recycled water systems.

E. Water Conservation Stages. No customer shall make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that use permitted by conservation Stage 2 through 6 when in effect as declared by resolution of the City Council. While in effect, the requirements of Stage 2 through 6 will supersede any conflicting sections of the Healdsburg Municipal Code.

Enactment of the restrictions and limitations required by each Stage described herein shall be by City Council resolution. The City Council may, by resolution, modify the following conservation measures, require additional conservation measures, or prohibit other activities and water uses upon the recommendation of the City Manager or City Engineer that such additional measures are necessary to achieve the desired overall system-wide reduction in water usage.

1. Stage 1 – Voluntary Conservation. The City Council may by resolution declare conservation Stage 1 based on water supply and delivery projections by the City Manager or City engineer that an overall systemwide reduction of 10 percent is necessary. To achieve an overall system-wide reduction goal of 10 percent, all customers of the City shall be requested to:
a. Utilize City and other sources of information regarding water efficiency, reading water meters, repairing ordinary leaks, and water efficient landscape. b. Limit irrigation and outdoor watering to the hours of 8:00 p.m. to 7:00 a.m. to reduce evaporation losses.

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Packet Pg. 238 Attachment: Exhibit A: Water Shortage Contingency Plan (3466 : Water Shortage Ordinance Amendment) c. For property with an even-numbered street address, irrigate outdoors only on even days of the month.
d. For property with an odd-numbered street address, irrigate outdoors only on odd days of the month.
e. Routinely inspect, and repair as required, all irrigation systems for leaks, and adjust spray heads to prevent over-spray and run-off.
f. For irrigation valves controlling water applied to lawns, vary the minutes of run-time consistent with fluctuations in weather. Reduce minutes of run-time for each irrigation cycle if water begins to pool or run off to gutters and/or ditches before the irrigation cycle is completed. g. Utilize water conservation incentives, as available, to replace inefficient plumbing fixtures and appliances with water efficient models.
h. Refrain from using potable water to wash sidewalks, walkways, driveways, parking lots and other hard-surfaced areas, except as may be necessary to prevent or eliminate materials that present a danger to public health and safety.
i. Refrain from washing privately owned motor vehicles, trailers, or boats except when utilizing a bucket and hose equipped with an automatic shut-off nozzle. j. Correct and repair breaks or leaks within the customer’s plumbing or private distribution system within 72 hours after the customer discovers such break or leak or receives notice from the City of such break or leak.
k. Drinking water at food establishments and restaurants shall be provided upon a customer’s request only.

2. Stage 2 – Mandatory Compliance. The City Council may by resolution declare a conservation Stage 2 based on water supply and delivery projections by the City Manager or City engineer that an overall systemwide reduction of 20 percent is necessary. Following a declaration of conservation Stage 2 status, and to achieve an overall system-wide reduction of 20 percent, the following restrictions shall be implemented:
a. All measures in Stage 1 shall become mandatory.
b. Nonessential uses of water, including the following, are prohibited:
i. The City will not accept or approve building permits for new swimming pools or hottubs unless the owner agrees to obtain pool water from a source other than the City’s potable water system.
ii. Refilling of a swimming pool except when topping off to prevent damage to pump and filter equipment is not allowed. Owners of pools must use a cover to minimize evaporation. iii. Use of potable water for dust control, compaction, and other construction purposes.

Only recycled water may be used for dust control, compaction, and other construction

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Packet Pg. 239 Attachment: Exhibit A: Water Shortage Contingency Plan (3466 : Water Shortage Ordinance Amendment) purposes as allowed by the Regional Water Quality Control Board or other governing bodies.
iv. Any other use determined by the City Manager or City Engineer to be a nonessential use and inconsistent with the system-wide reduction of 20 percent. c. Commercial carwashes must reduce water usage to 80 percent of the water used by the facility during the corresponding billing period in the prior year, unless such washing facility treats and recycles wash water, in which case this provision shall not apply. d. Irrigation and automated sprinklers and drip irrigation systems shall be limited to three days per week citywide for all customers. Allowed irrigations days shall be Tuesday, Thursday, and Saturday.
e. Nonresidential customers must reduce water usage by 20 percent of the water used by the customer during the corresponding billing period in the prior year. f. Hotel and lodging businesses must post appropriate signage in facilities stating that washing of linens is available only upon request and reducing excessive water use.

3. Stage 3 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 3, based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 30 percent is necessary. Following a declaration of conservation Stage 3 status, and to achieve an overall system-wide reduction of 30 percent, the following restrictions shall be implemented:
a. Any activities prohibited during conservation Stages 1 and 2 shall be prohibited. b. Irrigation and automated sprinklers shall be limited to two days per week citywide for all customers. Allowed irrigation days will be Tuesday and Friday. c. Planting any new landscaping, except for designated drought-resistant landscaping prescribed by the City Engineer or designated representative, shall be prohibited. d. Installation of new annual plants, vegetables, flowers, or vines shall be prohibited citywide, including in new developments. Plantings necessary to improve or maintain water quality requirements, such as low-impact development (LID) requirements, rain gardens, creek restoration, or similar, may be approved by the City Engineer.
e. Nonresidential customers must reduce water use for nonresidential customers by 30 percent of the water used by the customer during the corresponding billing period in the prior year. f. Residential customers may not use in excess of 4 Hundred Cubic Feet (HCF) per person per month or 99 gallons of water per person per day.

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Packet Pg. 240 Attachment: Exhibit A: Water Shortage Contingency Plan (3466 : Water Shortage Ordinance Amendment)

4. Stage 4 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 4, based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 40 percent is necessary. Following a declaration of conservation Stage 4 status, and to achieve an overall system-wide reduction of 40 percent, the following restrictions shall be implemented:
a. Any activities prohibited during conservation Stages 1 – 3 shall be prohibited. b. Filling and operation of decorative water features and ornamental fountains shall be prohibited. c. Nonresidential customers must reduce water use by 40 percent of the water used by the customer during the corresponding billing period in the prior year. d. Residential customers may not use in excess of 3 Hundred Cubic Feet (HCF) per person per month or 74 gallons of water per person per day.
e. Notwithstanding the 40% reduction for non-residential customers and reduced water usage by residential customers, all day and night-time irrigation by use of overhead or spray sprinkling is prohibited unless the water used is recycled water. This prohibition shall not apply to drip irrigation systems using manual or automatic time-controlled water application. f. Irrigation of any ornamental lawn (residential, commercial, or industrial) with water, at any time of day or night, shall be prohibited.

5. Stage 5 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 5, based on water supply and delivery projections by the City Manager or City Engineer that an overall system-wide reduction of 50 percent is necessary. Following a declaration of conservation Stage 5 status, and to achieve an overall system-wide reduction of 50 percent, the following restrictions shall be implemented:
a. Any activities prohibited during conservation Stages 1 -– 4 shall be prohibited. b. Irrigation and automated sprinklers and drip irrigation systems shall be prohibited citywide for all customers unless supplied by recycled water.
c. Nonresidential customers must reduce water usage by 50 percent of the water used by the customer during the corresponding billing period in the prior year. d. Residential customers may not use in excess of 2 Hundred Cubic Feet (HCF) of water per person per month or 50 gallons per person per day.
e. New construction must offset new demand by a ratio of 1 to 1 prior to receiving a temporary or permanent certificate of occupancy. Connection of affordable housing is exempt from this requirement.

6. Stage 6 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 6, based on water supply and delivery projections by the City Manager or City engineer that an overall

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Packet Pg. 241 Attachment: Exhibit A: Water Shortage Contingency Plan (3466 : Water Shortage Ordinance Amendment) system-wide reduction of greater than 50% percent is necessary. Following a declaration of conservation Stage 6 status, the following restrictions shall be implemented:
a. Any activities prohibited during conservation Stages 1 – 5 shall be prohibited. b. Nonresidential customers must reduce water usage by at least 60 percent of the water used by the customer during the corresponding billing period in the prior year. c. Residential customers shall not use in excess of 40 gallons per person per day. d. New construction must offset new demand by a ratio of 2 to 1 prior to receiving a temporary or permanent certificate of occupancy. Connection of affordable housing is exempt from this requirement.

F. Exceptions and Application Procedures for Exceptions. Any customer may make written application to the City engineer for an exception to the regulations and prohibitions described in this section. The application shall describe in detail why applicant believes an exception is justified.

1. The City engineer may grant exceptions to the provisions of this section upon finding and determining that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or cause an unnecessary and undue hardship on applicant or the public, including but not limited to adverse economic impacts, such as loss of production or jobs.

2. Decisions of the City engineer may be appealed to the City Manager or his or her designee by submission of a written appeal to the City Clerk within seven calendar days of the date of the decision by the City engineer. The City Manager or his or her designee shall issue a determination in writing. The City Manager may grant or deny the appeal in full or may impose any conditions the City Manager determines to be just and proper. The City Manager’s decision shall be final.

G. Violation/Enforcement.

1. Any violation of any provision of this plan is hereby declared to be a public nuisance and shall be subject to enforcement in accordance with the provisions of Healdsburg Municipal Code Chapter

1.12, including without limitation the imposition of administrative penalties, notice and hearing requirements and appeals procedures.

2. Any violation of the provisions of this section shall be deemed an infraction.

3. In addition to the enforcement remedies provided in Chapter 1.12, upon a violation of any provision of this section, the City engineer may authorize the installation of a flow-restricting device on the services line to the property(ies) in violation, and the cost of installation of such a device shall be charged to the person(s) or entity(ies) responsible for payment of water service charges or a lien against the affected property(ies).

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Packet Pg. 242 Attachment: Exhibit A: Water Shortage Contingency Plan (3466 : Water Shortage Ordinance Amendment)

4. In addition to the enforcement remedies provided in Chapter 1.12, upon a continued violation of any provision of this section, the City engineer may authorize the termination of water service to the property(ies) in violation. The cost of terminating and restoring service shall be charged to the person(s) or entity(ies) responsible for payment of water service charges or a lien against the affected property(ies).

H. Additional Enforcement Remedy. Before either installing a water restrictor or terminating water service, the City shall give written notice to the person responsible for the service connection to be either restricted or terminated of its intention to do so. The person or persons to whom notice is given shall have five business days from the date of service of the notice to request a hearing before the City Manager or his or her designee in order to present any and all evidence they may have as to why a restrictor should not be installed or service terminated.

If a hearing is requested, the City Manager, or his or her designee, shall schedule a date and time for said hearing as soon as possible after the request is filed, but not later than five business days after the filing of such request for hearing. At the hearing, the person whose service connections are to be restricted or terminated and the utilities personnel may offer evidence. The City Manager, or his or her designee, shall make a final determination as to whether service should be restricted or terminated and under what conditions. (Ord. 1205 § 4, 2020.)

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Packet Pg. 243 Attachment: Exhibit A: Water Shortage Contingency Plan (3466 : Water Shortage Ordinance Amendment)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 18, 2022
SUBJECT: Project Homekey Grant Funding Acceptance
PREPARED BY: Stephen Sotomayor, Housing Administrator
STRATEGIC INITIATIVE(S):

Expand Affordable Housing Opportunities
Maintain and Enhance Public Health and Safety
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):

Staff recommends that the City Council adopt a Resolution to:

1. Find and determine that the acquisition and rehabilitation of the L&M Motel, 70 Healdsburg Avenue, and subsequent operation as interim housing, is not a project subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) or alternatively is exempt from CEQA pursuant to State CEQA Guidelines Section 15310;

2. Accept the award of Project Homekey funding from the State of California Department of Housing and Community Development for the acquisition and operation of the L&M Motel, 70 Healdsburg Avenue, as interim housing.

3. Approve a Purchase and Sale Agreement between the City of Healdsburg and Sandra A.

Bock for the purchase of the L&M Motel, 70 Healdsburg Avenue.

4. Authorize the City Manager to enter into, execute, and deliver the Purchase and Sale Agreement and related documents to Sandra A. Bock and to take any other actions necessary to effectuate the terms and conditions of the Purchase and Sale Agreement.

5. Authorize the City Manager to enter into, execute, and deliver a Standard Agreement and related documents to the State of California and to take any other actions necessary to effectuate the terms and conditions of the Project Homekey funding.

COMMUNITY ENGAGEMENT/OUTREACH:

On September 13, 2021, the Healdsburg City Council held a workshop on local and regional efforts to address homelessness. During this workshop, the public was invited to participate in a discussion on programs, services, and future needs associated with addressing homelessness in

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Healdsburg. One of the main topics of that workshop was a discussion on the establishment of interim housing shelter in Healdsburg.

Since City staff received direction to seek grant funding under the Project Homekey program, City staff and Reach for Home have held two community meetings, met with the Chamber of Commerce Government Affairs Committee, and held dozens of meetings with businesses and individuals on the purchase and operation of the L&M Motel, 70 Healdsburg Avenue (Project Site), for use as interim housing. This included sending notifications to businesses and residents within 1,000 feet of the Project Site.

Staff recognizes that a continued dialog with the community is imperative to ensure a successful project and to meet the expectations of surrounding neighbors, businesses, and the clients the project will serve.

BACKGROUND:

In July of 2020, the State of California launched a $750 million program called “Project Homekey,” with the aim of helping local communities rapidly acquire hotels, motels, commercial buildings, and other creative housing types to rapidly house people experiencing homelessness during the COVID-19 pandemic. Project Homekey resulted in 8,264 individuals housed across 120 unique properties
Given the success of Project Homekey, the State of California budged an additional $1.45 billion for Fiscal Year (FY) 2021-2022. Of the $1.45 billion in Homekey funding, $1.2 billion is derived from the Coronavirus State Fiscal Recovery Fund (CSFRF) established by the American Rescue Plan Act (ARPA) of 2021 and $250 million is State General Fund.

On October 18, 2021, the City Council authorized City staff, in collaboration with Reach for Home (Reach) and Burbank Housing (Burbank), to apply for the FY 2021-2022 Project Homekey program for the acquisition by the City of the Project Site for use as interim housing for those experiencing homelessness.

On October 27, 2021, the City, Reach and Burbank submitted an application to the State of California for $5,720,000 in Project Homekey capital funding and $1,328,800 in operating subsidy for a total of $7,048,800 in State funds.

On December 21, 2021, the State of California announced that the City, Reach and Burbank were successful in their application for Project Homekey funding and have conditionally awarded the requested funding pending the execution of the State’s Standard Agreements.

DISCUSSION/ANALYSIS:

Staff recommends that the City Council adopt a Resolution to:

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Section 15061(b)(3) or alternatively is exempt from CEQA pursuant to State CEQA Guidelines Section 15310.

3. Approve a Purchase and Sale Agreement between the City of Healdsburg and Sandra A.

Bock for the purchase of the L&M Motel, 70 Healdsburg Avenue.

Grant Award
On December 21, 2021, the State of California Department of Housing and Community Development (Department) issued an award letter (Attachment A) to the City of Healdsburg for the acquisition, renovation, and operation of the Project Site for 22-units of interim housing for those experiencing homelessness.

As a part of the City’s application, the Department awarded the City of Healdsburg the following funding:

State Funding Award Amount
Homekey Capital Funding $4,400,000
Homekey Capital Contribution (1:1 Match) $1,100,000
Bonus Award (Early Application Submittal) $220,000 (capital) Total Homekey Capital Award $5,720,000
Homekey Operating Subsidy $1,108,800
Bonus Award (Fully Occupancy) $220,000 (operating)*
Total Homekey Operating Subsidy $1,328,800
Total Homekey Funds $7,048,800
*Conditioned on achieving full occupancy by August 21, 2022.

The City’s application was awarded funding based upon Project Homekey guidelines for units serving those experiencing chronic homelessness. These units are eligible for a baseline amount of $200,000 a door for capital expenditures and $1,400 per month, per door, for operational costs.

In addition, since the City submitted its application prior to January 31, 2021, the City was awarded an additional capital bonus of $10,000 per door. The City also anticipates receiving an occupancy bonus of $10,000 per door, which is conditioned on the project being at full occupancy within eight months of the grant award date.

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Match Funding
On October 26, 2021, the Sonoma County Board of Supervisors adopted a Resolution outlining a Project Homekey Supportive Services Funding Framework and Early Capital Match Program to support Project Homekey applications in obtaining State matching funds. The County authorized up to $1.3M in early capital match incentives and $5.2M annually for operational subsides over a seven-year period.

As a part of the City’s application, and in consultation with County staff, the City requested $1.1M in early capital match and $3,388,660 in operational subsidy over a seven-year period to include in its application. The addition of the County match funding to the City’s application was able to leverage additional State funding in the following manner:

Source Homekey
Base Award County Match Homekey Match Bonus Total
Capital Match $4,400,000 $1,100,000 $1,100,000 $220,000 $6,820,000 Operational Match* $3,388,660 $1,108,800 $220,000 $4,717,460 Total $11,537,469
* Because the City could demonstrate a funding commitment of four or more years, the City was eligible for a State operating subsidy for three years.

While the County of Sonoma approved the Project Homekey Supportive Services Funding Framework and Early Capital Match Program, the City does not have a formal commitment from the County on the exact funding amounts at this point in time. Based on discussions with County officials, staff is confident that the full County match for operating funds will be provided and that the County match for capital will be at or near the amount requested.

Matching funds can be spent over the lifespan of the grant program. Therefore, there is time to secure more formal funding commitments from the County without affecting the project’s cashflow. It is also important to note, when the County created this match funding program, it was based upon 230 beds being awarded Project Homekey funding within Sonoma County. Due to the competitive nature of the Homekey grant, and the limited funding in the Bay Area, it is unlikely that all 230 beds in Sonoma County will be awarded. This could potentially increase the amount of funding available in Sonoma County for projects that have already been funded.

Purchase and Sale Agreement
As authorized by the City Council on October 18, 2021, the City entered into a Letter of Intent (LOI) with owner of the Project Site, Sandra A. Bock, for the purchase of the property conditioned upon a successful Project Homekey application.

The LOI allowed the City not only to demonstrate site control as required by the grant, but also to conduct due diligence on the property itself. During this negotiation period, the City conducted a Phase I Environmental Study, a Property Needs Assessment, and held consultations with other City Departments on the Project Site’s suitability for the intended use. Based upon the information gathered, staff had determined that the Project Site is appropriate for the proposed project.

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The Purchase and Sale Agreement (PSA) (Attachment B) would set the purchase price for the Project Site at $5,000,000, which includes the physical property, furniture, furnishings, fixtures, linens, pillows, blankets, and associated equipment. The purchase price is consistent with the appraised value of the Project Site.

Should the Council approve the PSA, staff intends to close escrow on the purchase and sale as soon as Project Homekey funds are made available by the State for the purchase of the Project Site.

State Standard Agreements
To access funding, the City must enter into the State of California Standard Agreements (Attachment C). Once these are executed, the City may draw down on grant funding to complete the purchase and rehabilitation of the Project Site. The State’s grant guidelines require that capital funds be expended within eight months of the date of award and all applicable construction and or rehabilitation be complete within 12 months of the date of award. All operating funds must be expended no later than June 30, 2026; accordingly, since the State has provided for three (3) years of operational matching funds, the Project Site must be operational no later than July 1, 2023.

As a part of the Project Homekey program, the City is required to encumber the Project Site with a 15-year regulatory agreement which restricts the use of the Project Site for the use as interim housing. All Project Homekey program grantees are required to employ the core components of Housing First, as set forth at Welfare and Institutions Code section 8255, in its management and tenant selection practices.

As a part of the Project Homekey grant, participating jurisdictions are required to submit an annual Homekey Program and Expenditure Report to the Department for five years following the Standard Agreement execution. These reports are required to cover:

1. The amount of funds expended for the project.

2. The location of any properties for which the funds are used.

3. The number and size of habitable housing units.

4. The number and demographics of individuals housed, or likely to be housed, using the funds.

5. The racial and ethnic composition of the tenants assisted.

6. Detail of supportive services offered to the tenants.

7. Any lessons learned from the use of the funds.

Should the City Council approve the acceptance of the Project Homekey grant award, it is staff’s intent to present these annual reports and other notable outcomes to the City Council prior to the submission to the State.

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Operation of the Project Site – L&M Village
Reach for Home and City staff have conducted outreach with neighbors, stakeholders, clients, and other affected parties to help inform the operational plan for the Project Site, to be known as L&M Village. The goal of the project team is to ensure that the operation of L&M Village does not have an impact on surrounding businesses or neighbors.

One of the key aspects to ensuring that L&M Village will operate effectively, is to ensure the site operator has the correct staffing levels and policies in place to ensure the program’s success.

Reach for Home and City staff have reviewed best practices from similar projects and have developed a draft L&M Village Program Manual (Attachment D).

It is important to note that the draft L&M Village Program Manual is a living document and may be refined based upon input from neighbors, clients, and staff to improve the site’s functionality.

A key goal of the program is to ensure that the L&M Village incorporates well into the community and a part of that is making sure that the City and its partners have the flexibility to make changes that best serve its clients and the community.

Construction and Improvements
As a part of the grant award and program requirements, certain improvements will need to be made to the Project Site in order for it to operate as interim housing. The City retained Burbank Housing to manage this process. Improvements such as fire alarms and sprinklers will need to be added along with ADA improvements to 6 units and common areas.

Should the Council approve the Homekey award, it is anticipated that construction will commence in late March and be completed in early August. It is critical that the City completes the construction of the necessary improvements prior to August 21st to receive a $220,000 occupancy bonus.

ENVIRONMENTAL STEWARDSHIP:

The approval of this item does not have a direct correlation to environmental stewardship.

ALTERNATIVES:

The City Council may choose:

1. To not adopt the Resolution, which will result in a forfeiture of the Project Homekey Program Grant and potentially impact the City’s ability to receive future grant funding through the Project Homekey program.

2. To request that staff modify the terms of the actions requested.

FISCAL IMPACT:

Staff has, to its best ability, modeled the sources of funding based upon appropriated funding made available by the County Board of Supervisors Project Homekey Supportive Services Funding Framework and Early Capital Match Program. The City’s ask of the County is for

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$1,100,000 in one-time capital costs and $3,388,660 in operational costs for a seven-year period.

The funding requested from the County and Project Homekey provide sufficient capital to cover operational costs for the L&M village for a 5-year period. This is based upon the County’s operational subsidy covering $34 per door per day over a 3-year period during which Project Homekey operational subsidies are provided and $80 per door per day beginning in year 4, when the Project Homekey operating subsidy ends.

At the end of the 5-year period, the operational costs are estimated at $911,485 per year. Without additional subsidy this would be the City’s obligation to cover to continue operations past the fifth year. However, it is important to note, that the County’s operational subsidy amount can be adjusted or spread out over the 5-year period as long as the total does not exceed the amount appropriated by the Board of Supervisors.

During the first five years of operation, staff and Reach for Home intend to seek other grants and sources of funding to build an operational reserve for the project’s lifespan past year 5. Any County subsidy not used due to offset costs can be applied to future years.

Staff will return at a future meeting requesting a budget amendment to effectuate the property purchase agreement and initial capital costs. Operating costs will be built into future year budgets.

ENVIRONMENTAL ANALYSIS:

The proposed Project involves the acquisition and rehabilitation of an existing and operational motel, which shall then be used to provide interim housing on the Property and accordingly does not involve any change in land use or density, nor any expansion of use. Accordingly, the proposed Project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the repair and minor alteration of existing public or private structures involving negligible or no expansion of use, as well as Section 15061(b)(3), commonly known as the common sense exemption, which acknowledges that CEQA applies only to projects which have the potential for causing a significant effect on the environment and in this instance there is no possibility that the Project may have a significant effect on the environment, given that there is no change in the land use, density, nor any expansion of use. Therefore, the proposed Project is not subject to CEQA.

ATTACHMENT(S):

Resolution
Attachment A
Attachment B
Attachment C
Attachment D

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CITY OF HEALDSBURG
RESOLUTION NO. _______-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG TO: 1). FIND AND DETERMINE THAT THE ACQUISITION AND
REHABILITATION OF THE L&M MOTEL, 70 HEALDSBURG AVENUE,

AND SUBSEQUENT OPERATION AS INTERIM HOUSING IS NOT A

PROJECT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION
15061(b)(3) OR ALTERNATIVELY IS EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15310; 2). ACCEPT AWARD OF

PROJECT HOMEKEY FUNDING FROM THE STATE OF CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
THE ACQUISITION AND OPERATION OF THE L&M MOTEL, 70
HEALDSBURG AVENUE, AS INTERIM HOUSING; 3). APPROVE A

PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF
HEALDSBURG AND SANDRA A. BOCK FOR THE PURCHASE OF THE
L&M MOTEL, 70 HEALDSBURG AVENUE; 4). AUTHORIZE THE CITY

MANAGER TO ENTER INTO, EXECUTE AND DELIVER THE PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS TO SANDRA A.

BOCK AND TO TAKE ANY OTHER ACTIONS NECESSARY TO

EFFECTUATE THE TERMS AND CONDITIONS OF THE PURCHASE AND SALE AGREEMENT, AND 5). AUTHORIZE THE CITY MANAGER TO

ENTER INTO, EXECUTE, AND DELIVER A STANDARD AGREEMENT

AND RELATED DOCUMENTS TO THE STATE OF CALIFORNIA AND TO

TAKE ANY OTHER ACTIONS NECESSARY TO EFFECTUATE THE TERMS AND CONDITIONS OF THE PROJECT HOMEKEY FUNDING.

WHEREAS, the need for interim housing in the City of Healdsburg is evidenced through the Sonoma County Continuum of Care Point-in-Time counts that show, amongst those experiencing homelessness, the sheltered population of Northern Sonoma County is 1.9% and in the City of Healdsburg it is 0% as opposed to 31% in the other geographic regions of Sonoma County; and
WHEREAS, the provision of interim housing has been identified as a key goal of the Northern Sonoma County Homelessness Planning Task Force consisting of the City of Healdsburg, the City of Cloverdale, and the Town of Windsor; and WHEREAS, Reach for Home conducted a survey of those experiencing homelessness in Healdsburg which demonstrated nearly 90% of those surveyed stated they would access interim housing services; and
WHEREAS, the State of California Department of Housing and Community Development (Department) issued a Notice of Funding Availability (NOFA), dated September 9, 2021, for the Homekey Program. The Department has issued the NOFA for Homekey grant funds pursuant to

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Packet Pg. 251 Attachment: Resolution (3473 : Project Homekey) Resolution No. -2022

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Health and Safety Code section 50675.1.3 (Assembly Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, On October 18, 2021, the City Council authorized City staff, in collaboration with Reach for Home (Reach) and Burbank Housing (Burbank), to apply for the FY 2021-2022 Project Homekey program for the acquisition of the L&M Motel, 70 Healdsburg Avenue, Healdsburg, California (APN 002-304-009) (“Property”), for use as interim housing for those experiencing homelessness; and
WHEREAS, On October 27, 2021, the City, Reach and Burbank submitted an application to the State of California for $5,720,000 in Project Homekey capital funding and $1,328,800 in operating subsidy for a total of $7,048,800 in State funds; and WHEREAS, On December 21, 2021, the State of California announced that the City, Reach and Burbank were successful in their application for Project Homekey funding and have been conditionally awarded the requested funding pending the execution of the State’s Standard Agreements; and
WHEREAS, the owner of the Property desires to enter into a Purchase and Sale Agreement with the City of Healdsburg for the sale of the Property to the City, and the City desires to purchase the Property for use as interim housing; now, therefore, be it RESOLVED, that the City Council of the City of Healdsburg hereby finds and determines as follows:

1. The proposed actions outlined and approved pursuant to this Resolution involves the acceptance of funding to be used by the City for the acquisition and rehabilitation of an existing and operational motel located at 70 Healdsburg Avenue, Healdsburg, California, which shall then be used to provide interim housing thereon and accordingly does not involve any change in land use or density, nor any expansion of use. Therefore, the proposed actions outlined and approved pursuant to this Resolution are exempt from review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), which exempts the repair and minor alteration of existing public or private structures involving negligible or no expansion of use. Alternatively, State CEQA Guidelines Section 15061(b)(3), commonly known as the common sense exemption, acknowledges that CEQA applies only to projects which have the potential for causing a significant effect on the environment and in this instance there is no possibility that these actions may have a significant effect on the environment, given that there is no change in the land use, density, nor any expansion of use. Therefore, the proposed actions outlined and approved pursuant to this Resolution are not subject to CEQA.

2. The City Council hereby accepts the award of Project Homekey funding from the State of California Department of Housing and Community Development for the acquisition and

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operation of the L&M Motel.

3. The City Council hereby approves a Purchase and Sale Agreement between the City of Healdsburg and Sandra A. Bock for the purchase of the L&M Motel, 70 Healdsburg Avenue, Healdsburg, California.

4. The City Council hereby authorizes the City Manager to enter into, execute and deliver the Purchase and Sale Agreement and related documents to Sandra A. Bock and to take any other actions necessary to effectuate the terms and conditions of the Purchase and Sale Agreement.

5. The City Council hereby authorizes the City Manager to enter into, execute and deliver a Standard Agreement and related documents to the State of California and to take any other actions necessary to effectuate the terms and conditions of the Project Homekey funding.

PASSED AND ADOPTED by the City Council of the City of Healdsburg, this 18th day of January 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
_________________________________ ____________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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Packet Pg. 253 Attachment: Resolution (3473 : Project Homekey) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
December 21, 2021
Jeff Kay, City Manager Margaret Sluyk, CEO Lawrance Florin, CEO City of Healdsburg Reach for Home Burbank Housing Development Corporation 401 Grove Street 443 Hudson Street 1425 Corporate Center Parkway Healdsburg, CA 95448 Healdsburg, CA 95448 Santa Rosa, CA 95407 Dear Jeff Kay, Margaret Sluyk and Lawrance Florin:

RE: Award Announcement – Homekey Program
Notice of Funding Availability Fiscal Year 2021/2022, Round 2 City of Healdsburg, Reach for Home, Burbank Housing Development Corporation – L & M Village
Contract No. 21-HK-16943
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Healdsburg, (Awardee) has been awarded a Homekey Round 2 award in the amount of $7,048,800. This letter constitutes notice of the designation of Homekey funds for the Awardee.

Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.

Your Ambassador will be in communication with you to develop a standard agreement and confirm any documents needed to execute this contract.

Congratulations on your successful application. For further information, please contact Abigail Daley, Homekey Program Manager, Program Design and Implementation Branch, at, (916) 776-7746 or [email protected].

Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance

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Packet Pg. 254 Attachment: Attachment A (3473 : Project Homekey) OAK #4887-7523-6356 v1

AGREEMENT OF PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
L&M Motel
68-70 Healdsburg Avenue
Healdsburg, California
APN 002-304-009
This Agreement of Purchase and Sale and Joint Escrow Instructions (“Agreement”), is entered into by and between the City of Healdsburg, a California municipal corporation (“Buyer”), and Sandra A. Bock, a married woman as her sole and separate property (“Seller”), as of the Effective Date defined herein. Buyer and Seller are sometimes referred to individually herein as a “Party” and collectively as the “Parties.”
Recitals
A. Seller is the owner of certain real property consisting of approximately 1.36 acres located at 68-70 Healdsburg Avenue, Healdsburg, County of Sonoma, State of California, 95448, designated as Assessor Parcel No. 002-304-009 and more particularly described in the legal description set forth in Exhibit A attached hereto (“Land”), together with an approximately seventeen (17) unit motel, a two (2) bedroom house, a one (1) bedroom apartment, and two (2) – one (1) bed guestrooms located on the Land (“Buildings”), all furniture, furnishings, fixtures, linens, pillows, blankets and associated equipment in the Buildings (“FFE”), and any and all appurtenant or associated rights, title and interest (collectively with the Land, Buildings and FFE, the “Property”). The Property is currently unoccupied and no portion is leased by the Seller to any tenants.

B. Buyer desires to acquire the Property to provide transitional housing for homeless persons and accordingly has submitted an application for grant funding in an amount no less than the Purchase Price, as defined below (“Program Grant”), to the State of California Department of Housing and Community Development (“Department”) Homekey program (“Program”), on October 22, 2021 (“Grant Application”).

C. In connection with the Grant Application, Buyer and Seller executed and entered into that certain Letter of Intent dated October 22, 2021 (“LOI”), outlining the general terms and conditions for the sale and purchase of the Property, which would be more particularly memorialized in a binding purchase and sale agreement between the Parties prior to expiration of the Term of the LOI.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the Parties agree as follows:

Agreement

1. Incorporation of Recitals. The introductory paragraph, the recitals, and all defined terms therein are hereby incorporated into this Agreement.

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2. Purchase and Sale. Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property on the terms and subject to the conditions set forth in this Agreement. For purposes of this Agreement, the later of the dates on which Buyer and Seller execute this Agreement on the signature page below shall hereinafter be referred to as the “Effective Date.”

3. Purchase Price. The purchase price for the Property shall be the amount of Five Million and 00/100 Dollars ($5,000,000.00) (“Purchase Price”).

4. Payment of Purchase Price. The Purchase Price shall be payable by Buyer to Seller as follows:
(a) Deposit. Concurrent with the execution and delivery of this Agreement by Buyer to Seller, Buyer has also delivered for deposit with Fidelity National Title Company, 1201 Vine Street, Suite 101, Healdsburg, California 95448, c/o Pam Stanfill, Escrow No. FSNX9042100666-PS (Phone No.: 707-433-5440; Email: [email protected]) (“Escrow Holder”) the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00) (“Deposit”). The Deposit shall be invested by Escrow Holder with a financial institution in a federally-insured interestbearing demand account and the Deposit and all interest accrued thereon shall be credited to the Purchase Price upon the Close of Escrow (as defined in Section 5(b), below). (b) Program Grant. On or before June 30, 2022 (“Outside Date”), Buyer shall deposit with Escrow Holder, or cause Department to deposit with Escrow Holder, the Program Grant in immediately available funds, which shall be paid to Seller at Close of Escrow. (c) Balance of Purchase Price. On or before the Close of Escrow, Buyer shall deposit with Escrow Holder the balance of the Purchase Price, if and as needed, in immediately available funds, which shall be paid to Seller at Close of Escrow. (d) Time of the Essence. Time shall be of the essence with respect to Buyer’s and Seller’s obligation to perform all obligations of Buyer and Seller, respectively, under this Agreement.

5. Escrow.
(a) Opening of Escrow. Within five (5) business days after the Effective Date, Seller shall open escrow (“Escrow”) with Escrow Holder. Buyer and Seller agree to execute and deliver to Escrow Holder, in a timely manner, all supplemental escrow instructions necessary to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. Escrow Holder shall, upon receipt of a fully executed copy of this Agreement, sign and date the Receipt by Escrow Holder attached hereto, and distribute it to all Parties listed in the “Notices” sections of the Agreement. (b) Close of Escrow. For the purpose of this Agreement, the “Close of Escrow” shall be defined as the date that the Grant Deed (as defined in Section 6, below) is

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recorded in the Official Records of Sonoma County. The Close of Escrow shall occur within sixty (60) calendar days from the date the Program Grant is deposited into Escrow, but in no event later than the Outside Date. The foregoing notwithstanding, if the Program Grant is deposited into Escrow after May 1, 2022, and prior to the Outside Date, then the Outside Date shall automatically be adjusted to a date sixty (60) calendar days from the date of deposit of the Program Grant into Escrow. Nothing herein shall preclude the ability of the Parties to extend the Outside Date pursuant to the written agreement of the Parties hereto.

6. Conditions of Title. The Property shall be conveyed to Buyer by Seller by a grant deed, substantially in the form attached hereto as Exhibit B (“Grant Deed”), subject only to: (a) non-delinquent real property taxes and assessment, including supplemental property taxes, to be pro-rated as of the Close of Escrow; (b) such title matters affecting the Property created by or with the written consent of Buyer after the Effective Date; (c) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property; (d) all matters which would be apparent from an inspection of the Property; (e) all matters which would be disclosed by a survey of the Property; and (f) exceptions 4, 6 and 8 set forth in that certain Preliminary Report prepared by Escrow Holder’s title insurance underwriter (“Title Company”), dated October 19, 2021, Title No. FSNX-9042100666-CC (“Preliminary Report”), attached hereto and incorporated herein as Exhibit C, which are approved and/or accepted by Buyer in accordance with Section 8(a)(iii) of this Agreement (collectively, “Approved Conditions of Title”).

7. Title Policy. Title shall be evidenced by Title Company issuing its standard California Land Title Association (“CLTA”) Owner’s Policy of Title Insurance to Buyer in an amount equal to the Purchase Price, showing title to the Property vested in Buyer, subject only to the Approved Conditions of Title (“Title Policy”). Buyer shall pay all expense of issuing the Title Policy, including (if Buyer elects to have Title Company issue it’s American Land Title Association (“ALTA”) Extended Coverage Owner’s Policy of Title Insurance), the expense of such ALTA premium increment and any survey costs associated with such ALTA policy. In addition, Buyer shall pay for any endorsements to the Title Policy.

8. Conditions to Close of Escrow.
(a) Conditions to Buyer’s Obligations. The Close of Escrow and Buyer’s obligation to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions (or Buyer’s waiver in writing thereof) for Buyer’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in the absence of a specified date:
(i) Award and Funding of Program Grant. On or prior to the Outside Date (i) Buyer’s receipt of written notification from the Department of an award of a Program Grant in an amount no less than the Purchase Price in connection with the Grant Application pursuant to the Program, and (ii) deposit of said Program Grant into Escrow.

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(ii) Bill of Sale. Within ten (10) calendar days following deposit of the Grant into Escrow, Seller shall have deposited into Escrow a bill of sale regarding the FFE, in the form attached hereto as Exhibit D.
(iii) Title. Buyer has the right to approve any and all matters of and exceptions to title of the Property, as disclosed by the following documents and instruments (collectively, “Title Documents”): (A) the Preliminary Report issued by Title Company with respect to the Property; and (B) legible copies of all documents, whether recorded or unrecorded, referred to in such Preliminary Report. As indicated in Section 6 (f) above, as of the Effective Date, Buyer has approved and accepted exceptions 4, 6 and 8 as set forth in the Preliminary Report, and hereby disapproves exceptions 1, 2, 3, 5, 7, 9, 10, 11, 12, 13, 14 and 15 as set forth in the Preliminary Report (“Buyer’s Title Notice”). Seller shall, within thirty (30) calendar days after the Effective Date, give Buyer written notice (“Seller’s Title Notice”) of those disapproved title matters, if any, which Seller is unwilling or unable after reasonable and good faith efforts to have eliminated from title to the Property by the Close of Escrow. Seller’s failure to provide Seller’s Title Notice within said thirty (30) calendar day period shall be deemed Seller’s election not to remove any of the disapproved exceptions in Buyer’s Title Notice. Notwithstanding the foregoing, Seller agrees to remove on the Close of Escrow any deeds of trust, if any, which are currently recorded against the Property. If Seller is unable or unwilling to remove all of the title matters objected to by Buyer in Buyer’s Title Notice, or fails to deliver Seller’s Title Notice, Buyer shall have thirty (30) calendar days from receipt of Seller’s Title Notice, or expiration of the time period within which Seller is to respond, to notify Seller in writing that either (1) Buyer is willing to purchase the Property, subject to such disapproved exceptions, or (2) Buyer elects to terminate this transaction. Failure of Buyer to take either one of the actions described in clause (1) or (2) in the previous sentence shall be deemed to be Buyer’s election to take the action described in clause (2) and terminate this transaction. If this Agreement is terminated pursuant to this Section 8 (a)(iii), the Deposit shall be returned to Buyer, and, except as otherwise provided in this Agreement, Seller and Buyer will have no further obligations or rights to one another under this Agreement;
(iv) Leases. Pursuant to the terms of the LOI, Seller was obligated to provide to Buyer, at Seller’s expense, the name, address, phone number and email address of all persons residing on the Property pursuant to a lease or other agreement, signed by Seller, and providing a term of occupancy of thirty (30) calendar days or longer, as well as a fully executed copy of any such lease or agreement (“Existing Leases”). Seller represents and warrants that, as of the Effective Date, it has provided the aforementioned Existing Leases to Buyer in accordance with the LOI. Buyer shall have until January 31, 2022 (“Due Diligence Period”), to review and approve, or note exceptions to and/or disapprove any Existing Leases. (v) Inspections and Studies/Costs. Pursuant to the terms of the LOI, Seller was obligated to provide to Buyer, at Seller’s expense, all existing soil reports, maps, surveys, studies, reports, inspections, contracts, and all other documentation and information pertaining or relating to the Property, if any, within Seller’s then current possession and control, including but not limited to, hazardous substances testing results, reports and information (“Existing Documents & Information”). Seller represents and warrants that as of the Effective Date it has provided the aforementioned Existing Documents & Information to Buyer in

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accordance with the LOI. During the Due Diligence Period, Buyer shall have the right to review and approve, or note exceptions to and/or disapprove any Existing Documents & Information, conduct any and all non-destructive inspections, investigations, tests and studies (including, without limitation, investigations with regard to zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports and environmental testing) with respect to the Property as Buyer may elect to make or maintain. The cost of any such inspections, tests and/or studies shall be borne by Buyer.

During the Due Diligence Period, Buyer and Buyer’s employees, agents, contractors, subcontractors and consultants (collectively, “Buyer’s Representatives”) shall have the right to enter upon the Property, at reasonable times during ordinary business hours upon notice to Seller at least one calendar day prior to entry, to perform such inspections, investigations, tests and studies. Buyer, in performing its inspections, investigations, tests and studies hereunder shall not unreasonably interfere with the operation of the Property, and agrees to coordinate its activities on the Property with Seller in advance to avoid any such interference.

Following any such tests or inspections, Buyer agrees to promptly return any portions of the Property damaged or altered by Buyer during such tests or inspections to substantially the same condition which existed prior to such test or inspection.

Buyer shall indemnify, defend and hold Seller and the Property harmless from any and all claims, damages or liabilities arising out of or resulting from the entry onto or activities upon the Property by Buyer or Buyer’s Representatives or liens arising from Buyer’s due diligence review of the Property.

Prior to the expiration of the Due Diligence Period, Buyer shall deliver to Seller and Escrow Holder written notice (“Contingency Period Notice”) of its approval or disapproval of the Property, Existing Leases, Existing Documents & Information, and the Documents and Materials (as defined in Section 8(a) (xi), below). The Contingency Period Notice to the Escrow Holder shall be accompanied by the Natural Hazards Disclosure Statement (if not yet signed and returned to Seller). The failure of Buyer to timely deliver the Contingency Period Notice shall be deemed to constitute Buyer’s disapproval of the Property, Existing Leases, Existing Documents & Information, and/or the Documents and Materials, in which case the Deposit shall be returned to Buyer, and, except as otherwise provided in this Agreement, Seller and Buyer will have no further obligations or rights to one another under this Agreement.

If this Agreement is terminated pursuant to this subsection, Buyer shall deliver to Seller, at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for Buyer with respect to the Property, including, but not limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans; (vi) Title Insurance. As of the Close of Escrow, Title Company shall have committed to issue the Title Policy to Buyer;
(vii) Free of Possession. As of the Close of Escrow, except as to any Existing Leases approved and accepted by Buyer pursuant to the Contingency Period Notice,

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Seller shall deliver fee title to the Property free of possession or occupancy by any commercial or residential tenant or transient occupant;
(viii) Seller’s Representations. All representations and warranties made by Seller to Buyer in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (ix) Natural Hazards Disclosure Statement. Within ten (10) business days after the Effective Date, Seller shall deliver to Buyer a Natural Hazards Disclosure Statement for the Property. Buyer shall have approved the Natural Hazards Disclosure Statement and returned a signed copy thereof to Seller on or prior to the expiration of the Due Diligence Period;
(x) Seller’s Obligations. As of the Close of Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, inclusive of deposits into Escrow required of Seller as set forth in Section 9 below; and (xi) Documents and Materials. Pursuant to the terms of the LOI, a Phase 1 Environmental Site Assessment of the Property, dated October 2021, prepared by EAS (“Documents and Materials”), was made available to Seller and Buyer. By execution of this Agreement, Buyer hereby acknowledges receipt of the Documents and Materials. Seller makes no representation or warranty as to the accuracy or completeness of any of the Documents and Materials.
(b) Conditions to Seller’s Obligations. The Close of Escrow and Seller’s obligation to consummate the transactions contemplated in this Agreement are subject to the satisfaction of the following conditions (or Seller’s waiver thereof) for Seller’s benefit on or prior to the dates designated below for the satisfaction of such conditions, or the Close of Escrow in absence of a specified date:
(i) Buyer’s Obligations. Buyer shall have timely performed all of the obligations required to be performed by Buyer under this Agreement, inclusive of deposits into Escrow required of Buyer as set forth in Section 10 below; (ii) Buyer’s Representations. All representations and warranties made by Buyer to Seller in this Agreement shall be true and correct on the date hereof and shall be true and correct in all material respects as of the Close of Escrow; (iii) Purchase Price. Buyer shall have timely delivered the Purchase Price and other sums owing under this Agreement in good funds to Escrow Holder; and (iv) Natural Hazards Disclosure Statement. Prior to the end of the Due Diligence Period, Buyer shall have returned a signed copy of the Natural Hazards Disclosure Statement to the Seller.
(c) Failure of Condition to Close of Escrow. If any of the conditions set forth in Section 8(a) or Section 8(b) above are not timely satisfied or waived by the appropriate

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benefited Party for a reason other than the default of Buyer or Seller, this Agreement shall terminate, and the Deposit and all other monies delivered to Escrow Holder by Buyer shall be immediately returned to Buyer, and except as otherwise provided herein, the Parties shall have no further obligations hereunder.

9. Deposits by Seller. At least one business day prior to the Close of Escrow, Seller shall deposit with Escrow Holder the following documents:
(a) Grant Deed. The Grant Deed, in the form attached hereto as Exhibit B, duly executed and acknowledged in recordable form by Seller, conveying fee simple title to the Property to Buyer;
(b) Bill of Sale. A Bill of Sale, in the form attached hereto as Exhibit D, duly executed by Seller, conveying all rights, title and interest in and to the FFE to Buyer; (c) FIRPTA Certificate. A certification, acceptable to Escrow Holder, duly executed by Seller under penalty of perjury, setting forth Seller’s address and federal tax identification number in accordance with and/or for the purpose of complying with the provisions of Sections 7701 and 1445, as may be amended, of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder; and (d) California Franchise Tax Withholding. A certification, acceptable to Escrow Holder, that Seller is exempt from the withholding provisions of the California Revenue and Taxation Code, as may be amended from time to time, and that neither Buyer nor Escrow Holder is required to withhold any amount from the Purchase Price pursuant to such provisions.

10. Deposits by Buyer. At least one business day prior to the Close of Escrow, Buyer shall deposit, or cause to be deposited, with Escrow Holder the following:
(a) The balance of the Purchase Price (as adjusted by the Deposit, Program Grant and proration’s provided for herein), in cash or immediately available funds; and (b) The Certificate of Acceptance as appended to the Grant Deed, enclosed as Exhibit B.

11. Costs and Expenses. As the Buyer is a political subdivision of the State of California, the transfer of fee title from Seller to Buyer pursuant to the Grant Deed is exempt from any documentary transfer tax pursuant to Revenue and Taxation Code Section 11922, and from all recording fees or building homes and jobs trust fund fee pursuant to Government Code Sections 27383 and 27388.1(a) (2) (D), respectively. The foregoing notwithstanding, in the event (i) any real property transfer taxes are due and owing, such transfer taxes shall be paid by Seller, and (ii) any recording fees or building homes and jobs trust fund fees are due and owing, such fees shall be paid by Buyer. Buyer shall pay for all escrow fees and costs. Buyer and Seller shall each pay for all of their legal and professional fees and fees of brokers and other consultants incurred by Buyer and Seller, respectively. All income and expenses related to the operation of the Property shall be prorated as of the Close of Escrow. Any costs incurred through

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the Escrow relating to the Property that are not specifically allocated to Buyer or Seller under this Agreement shall be apportioned in the manner customary in the County of Sonoma.

12. Proration. All real property taxes and assessments which are currently due and payable for the Property shall be paid in full at Close of Escrow and shall be prorated as of 12:01 a.m. on the day of the Close of Escrow between the Parties based upon the latest available information. Any and all delinquent real property taxes and assessments, if any, shall be paid current by Seller as of the Close of Escrow.

13. Corrections. If any errors or omissions are made regarding adjustments and proration as set forth herein, the Parties shall make the appropriate corrections promptly upon discovery thereof. If any estimates are made at the Close of Escrow regarding adjustments or proration, the Parties shall make the appropriate correction promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid in cash to the Party entitled thereto.

14. Condition and Inspection of Property.
(a) Notwithstanding any other provision of this Agreement to the contrary, Seller makes no representation or warranty (except as expressly set forth in Section 16 below) whatsoever regarding the Property including, without limitation, as to:
(i) The size and dimensions of any portion of the Property; (ii) The size and dimensions of the Land or Buildings;
(iii) The suitability of the Property for the Buyer’s planned use, including availability and adequacy of water, sewage, fire protection, and any utilities serving the Property;
(iv) All matters relating to title including extent and conditions of title to the Property, taxes, assessments, and liens;
(v) All legal and governmental laws, statutes, rules, regulations, ordinances, limitations on title, restrictions or requirements concerning the Property, including zoning, use permit requirements and building codes;
(vi) Natural hazards, including flood plain issues, currently or potentially concerning or affecting the Property;
(vii) The physical, legal, economic and environmental condition and aspects of the Property, and all other matters concerning the conditions, use or sale of the Property, including any permits, licenses, agreements, and liens, zoning reports, engineers’ reports and studies and similar information relating to the Property, and Hazardous Materials (as defined below). “Hazardous Materials” means any and all substances, contaminants, chemicals, wastes, sewage, materials or emissions which are now or hereafter regulated, controlled, prohibited or otherwise affected by any present or future local, state or federal statute,

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ordinance, code, rule, regulation, order, decree, permit or other law now or hereafter in effect including (A) any substance defined as a “hazardous substance,” “hazardous material,” “hazardous waste,” “toxic substance,” or “air pollutant” in (I) the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), 42 U.S.C. §9601, et seq., (II) the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq., (III) the Resource Conservation and Recovery Act, as amended (“RCRA”), 42 U.S.C. §6901, et seq., (IV) the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq., (V) the Clean Air Act, as amended, 42 U.S.C. §7401, et seq., (VI) the Toxic Substances Control Act , as amended, 15 U.S.C. §2601, et seq., (VII) the Clean Water Act, as amended, 33 U.S. Code §1251, et seq., (VIII) the Oil Pollution Act, as amended, 33 U.S.C. §2701, et seq., (IX) California Health & Safety Code (“H&S Code”) §25100, et seq. (Hazardous Waste Control), (X) the Hazardous Substance Account Act, as amended, H&S Code §25300, et seq., (XI) the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, as amended, H&S Code §25404, et seq., (XII) H&S Code §25531, et seq. (Hazardous Materials Management), (XIII) the California Safe Drinking Water and Toxic Enforcement Act, as amended, H&S Code §25249.5, et seq., (XIV) H&S Code §25280, et seq. (Underground Storage of Hazardous Substances), (XV) the California Hazardous Waste Management Act, as amended, H&S Code §25170.1, et seq., (XVI) H&S Code §25501, et seq. (Hazardous Materials Response Plans and Inventory), (XVII) H&S Code §18901, et seq. (California Building Standards), (XVIII) the Porter-Cologne Water Quality Control Act, as amended, California Water Code §13000, et seq., (XIX) California Fish and Game Code §5650-5656 and (XX) or any other federal, state or local laws, ordinances, rules, regulations, court orders or common law related in any way to the protection of the environment, health or safety (collectively, “Environmental Laws”); (B) any substance the presence of which at the Property causes or threatens to cause a nuisance upon the Property or to adjacent properties or poses or threatens to pose a hazard to the health or safety of human beings; and (C) any substance the presence of which at the Property or at nearby or adjacent properties could constitute a trespass. In addition to the foregoing, to the extent not already included therein, the term “Hazardous Materials” also means (I) asbestos (including asbestos-containing materials); (II) flammable, explosive, infectious, carcinogenic, mutagenic, or radioactive materials; (III) petroleum or any substance containing or consisting of petroleum hydrocarbons (including gasoline, diesel fuel, motor oil, waste oil, grease or any other fraction of crude oil); (IV) paints and solvents; (V) lead; (VI) cyanide; (VII) DDT; (VIII) printing inks; (IV) acids; (X) pesticides; (XI) ammonium compounds; (XII) polychlorinated biphenyls; (XIII) radon and radon gas; and (XIV) electromagnetic or magnetic materials, substances or emissions; (viii) Any easements and/or access rights affecting the Property; (ix) The financial condition of the Property;
(x) Any contracts and other documents or agreements affecting the Property; and
(xi) Any other matter of significance affecting the Property.

15. “As-Is” Purchase; Environmental Matters.

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(a) As-Is. Buyer represents, warrants, acknowledges and agrees that, except for the express representations and warranties of Seller set forth in Section 16 of this Agreement, Seller has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to: (i) value of the Property; (ii) the suitability of the Property for any and all activities and uses which Buyer may conduct therefrom or thereon; (iii) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (iv) the manner, quality, state of repair or lack of repair of the Property; (v) the nature, quality or condition of the Property, including, without limitation, the water, soil and geology; (vi) the compliance of or by the Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (vii) the manner or quality of the construction or materials, if any, incorporated into the Property; (viii) the resources to be derived from the Property or the availability of water or other resources to the Property; (ix) compliance with any Environmental Laws; (x) the presence or absence of Hazardous Materials or underground storage tanks at, on, under, or adjacent to the Property; (xi) the content, completeness or accuracy of the Documents and Materials and any other materials, documents, title reports or other documents or reports regarding the Property; (xii) the conformity of any improvements to any plans or specifications for the Property, including any plans and specifications that may have been or may be provided to Buyer; (xiii) the conformity of the Property to past, current or future applicable zoning or other requirements; (xiv) deficiency of any undershoring; (xv) the fact that all or any part of the Property is or may be in any flood plain or flood area; (xvi) deficiency of any drainage; (xvii) the fact that all or a portion of the Property may be located on or near an earthquake fault line or special geological zone; (xviii) the existence of vested land use, zoning or building entitlements affecting the Property; (xix) any claims, causes of action or demands by adjoining land owners; (xx) the impact of, or ability to amend, any easements or other documents referenced in the Title Documents or other title reports for the Property; (xxi) the availability of any insurance coverage for any aspect of the Property or any improvement thereon; or (xxii) with respect to any other matter, including any and all such matters referenced, discussed or disclosed in any documents delivered by Seller to Buyer, in any public records of any governmental agency or entity or utility company, or in any other documents available to Buyer.

Buyer further acknowledges and agrees that having been given the opportunity to inspect the Property and conduct tests thereon and review information and documentation affecting the Property, Buyer has conducted such tests, inspections and reviews as it desired and is relying solely on its own investigation of the Property and review of such information and documentation, and not on any information provided or to be provided by Seller. Buyer therefore acknowledges and agrees that the sale of the Property as provided for herein is made on an “ASIS” condition and basis “WITH ALL FAULTS”, and that Seller has no obligation to make repairs, replacements or improvements to any portion of the Property.

Environmental Matters. Any information, reports, statements, documents or records, including the Existing Documents & Information and Documents and Materials (collectively “Disclosures”) made available to Buyer or its consultants shall not be representations or warranties by Seller, its agents, employees or contractors concerning the environmental or other condition of the Property. Buyer shall not rely on such Disclosures and, instead, shall rely only

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on its own, and its consultants’ inspection of the Property. Any Disclosures made by Seller shall be made solely for Seller’s own benefit to facilitate any assessment process. Section 25359.7 of the California Health and Safety Code requires owners of nonresidential property who know or have reasonable cause to believe that a release of a Hazardous Material has come to be located on or beneath the real property to provide written notice of that condition to the buyer of said real property. Seller is unaware of and has no reasonable cause to believe that a release of Hazardous Materials may have come to be located on or beneath the Property. By execution of this Agreement, Buyer acknowledges its receipt of the foregoing notice pursuant to Section 25359.7 of the California Health and Safety Code.

16. Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement, Seller makes the representations and warranties set forth in this Section 16.

For the purpose of this Agreement, usage of “to Seller’s actual knowledge,” or words to such effect, shall mean the present, actual knowledge of Sandra A. Bock, excluding constructive knowledge or duty of inquiry, existing as of the Effective Date. In the event that Buyer, prior to Close of Escrow, becomes aware, from Seller or otherwise, of any inaccuracy or omission in the disclosures, information, or representations previously provided to Buyer by Seller or its consultants or agents, which will have a material, adverse impact on Buyer, the Property or the intended use of the Property, Buyer, as its sole option and remedy, may either (i) terminate this transaction and receive a refund of its Deposit, thereby waiving any claims or actions that Buyer may have against Seller as a result of such inaccuracy or omission, or (ii) proceed with the Close of Escrow hereunder, thereby waiving any rights that Buyer may have against Seller as a result of such inaccuracy or omission. Buyer agrees that, under no circumstances, shall Buyer be entitled to purchase the Property hereunder and then bring any claim or action against Seller for damages as a result of such inaccuracy or omission, except if such inaccuracy or omission is based on fraud or intentional misrepresentation by Seller. The warranties, representations and covenants of Seller shall survive the Close of Escrow and delivery of the Grant Deed. (a) Seller’s Authority. Seller is (or by the Close of Escrow will be) the sole owner of fee title to the Property and has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement.

Furthermore, the execution and delivery of this Agreement has been duly authorized and no other action by Seller is required in order to make it a valid and binding contractual obligation of Seller. The individual(s) executing this Agreement on behalf of Seller are authorized to do so. (b) No Prior Transfers. Seller has not previously sold, transferred or conveyed the Property, or granted to any other person or entity any right or interest in all or any part of the Property and Seller has not entered into any executory contracts for the sale of all or any part of the Property (other than this Agreement), nor do there exist any rights of first refusal or options to purchase the Property, other than this Agreement. (c) Leases. Except as disclosed in the Existing Leases, to Seller’s actual knowledge, as of the Close of Escrow, there are no commercial or residential tenants residing on the Property; further, there are no leases or other rental agreements with any person or entity governing any portion of the Property, including any of the rooms or dwellings on the Property

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providing for a term of occupancy for a period of thirty (30) calendar days or longer, nor for a term which would expire on or after the Outside Date.
(d) Hazardous Materials. Except as disclosed in the Existing Documents & Information or the Documents and Materials, to Seller’s actual knowledge, the Property is not, as of the Close of Escrow, in violation of any Environmental Law relating to Hazardous Materials (as defined herein), industrial hygiene or the environmental conditions on, under or about the Property, including, but not limited to, soil and ground water condition.

17. Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which constitutes a condition precedent to Seller’s obligations hereunder):
(a) Buyer’s Authority. Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby in the execution, delivery and performance of this Agreement and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement. The individual(s) executing this Agreement on behalf of Buyer are authorized to do so. (b) Enforceability. This Agreement and all documents required hereby to be executed by Buyer are and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms.
(c) Conflicting Documents. Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor the occurrence of the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party.
(d) No Side Agreements or Representations. Buyer represents, warrants and covenants to Seller that Buyer has entered into this Agreement based upon its rights and intentions to independently inspect the Property. Except as specifically provided in Section 16 of this Agreement, Seller makes no representation or warranty regarding the condition of the Property, its past use, or its suitability for Buyer’s intended use. Buyer will be relying solely upon its own independent inspection, investigation, and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from Seller, including, without limitation, any and all matters concerning the condition, use, sale, development or suitability of the Property.

18. Liquidated Damages. BUYER RECOGNIZES THAT THE PROPERTY WILL

BE REMOVED BY THE SELLER FROM THE MARKET DURING THE EXISTENCE OF

THIS AGREEMENT, AND THAT IF THIS TRANSACTION CONCERNING THE

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PROPERTY IS NOT CONSUMMATED BECAUSE OF BUYER’S DEFAULT, IT WOULD

BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE EXTENT OF THE DETRIMENT TO SELLER. THE PARTIES HAVE DETERMINED AND AGREED

THAT THE ACTUAL AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY

SELLER AS A RESULT OF ANY SUCH DEFAULT IS DIFFICULT OR IMPRACTICABLE

TO DETERMINE AS OF THE DATE OF THIS AGREEMENT AND THAT THE AMOUNT

OF THE DEPOSIT IS A REASONABLE ESTIMATE OF THE AMOUNT OF SUCH DAMAGES. FOR THESE REASONS, THE PARTIES AGREE THAT IF THE PURCHASE AND SALE IS NOT CONSUMMATED BECAUSE OF BUYER’S DEFAULT, THE DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES. NOTHING

CONTAINED HEREIN SHALL IN ANY MANNER LIMIT THE AMOUNT OF DAMAGES

OBTAINABLE PURSUANT TO AN ACTION UNDER ANY HOLD HARMLESS, DEFENSE

OR INDEMNIFICATION PROVISION SET FORTH IN THIS AGREEMENT OR REASONABLE ATTORNEYS’ FEES RECOVERABLE PURSUANT TO ANY ACTION

UNDER A HOLD HARMLESS, DEFENSE OR INDEMNIFICATION SET FORTH IN THIS AGREEMENT.

Seller __________ Buyer __________

19. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any casualty to the Property or any condemnation proceeding considered or commenced prior to the Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any “material portion” (as defined herein) of the Property, Seller or Buyer may, each at its option, elect either to (i) terminate this Agreement, in which event the Deposit, including all accrued interest, shall be returned to Buyer and neither Party shall have any further rights or obligations hereunder, or (ii) continue the Agreement in effect, in which event upon the Close of Escrow, Buyer shall be entitled to any compensation, award, or other payments or relief resulting from such casualty or condemnation proceedings. The term “material portion” shall mean damages greater than One Hundred Thousand and No/100 Dollars ($100,000.00).

20. Notices. All notices, demands, consents, requests or other communications required or permitted to be given pursuant to this Agreement shall be in writing, shall be given only in accordance with the provisions of this Section 20, shall be addressed to the Parties in the manner set forth below, and shall be delivered by certified mail return receipt requested, or by overnight courier or delivery service with signature required, to the addresses set forth below, or to such other place as any Party may similarly in writing designate to the others. Notices shall be effective three business days after mailing by certified mail, or upon delivery by overnight courier or delivery service (or, if delivery is not during regular business hours on a business day, then on the next business day).

The addresses of the Parties to receive notices are as follows:

TO BUYER: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448-4723
Attention: Stephen Sotomayor, Housing Administrator
Email: [email protected]

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Tel: (707) 431-3396
WITH A COPY TO: Burke Williams & Sorensen LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612
Attention: Michael G. Biddle
Email: [email protected]
Tel: (510) 903-8824
TO SELLER: Sandra A. Bock
207 S. Sumner
Newcastle, Wyoming 82701
Email: [email protected]
Tel:

WITH A COPY TO: ______________________________
______________________________
______________________________
Attention:

Tel:

TO ESCROW HOLDER: Fidelity National Title Company
1201 Vine Street, Suite 101
Healdsburg, California 95448
Attention: Pam Stanfill, Escrow Officer
Phone No.: 707-____-_____
Email:

21. Brokers. Each of Seller and Buyer shall pay any brokerage commission or finder’s fee to any person with whom it has contracted to represent them in connection with this transaction without any such cost, expense, fee or commission borne by the other Party. Each Party agrees to indemnify the other Party against any claim asserted against or adjudged against the other Party, for any brokerage commission or finder’s fee or any like compensation occasioned by or as a result of any act or omission of each such Party, including all attorney’s fees, costs, expenses and any other fees incurred by, charged against or adjudicated against, the other Party, whether or not suit is filed, which are related to this indemnity agreement or enforcement thereof.

22. Assignment. Buyer may assign this Agreement and all of Buyer’s rights under it to Reach for Home (“Reach”), Burbank Housing Development Corporation (“Burbank”), or an affiliate of Burbank provided that (i) such assignee assumes in a writing reasonably acceptable to Seller, all of the obligations of Buyer, (ii) Seller receives prior written notice of such assignment, and (iii) the assignee agrees to execute all documents and perform all obligations of Buyer as if such assignee were the original Buyer under this Agreement.

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23. Miscellaneous.
(a) Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
(b) Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act except those of the waiving Party, which shall be extended by a period of time equal to the period of the delay.
(c) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the grantees, transferees, successors and permitted assigns of the Parties hereto.
(d) Attorneys’ Fees. If either Party commences an action against the other to interpret or enforce any of the terms of this Agreement or because of the breach by the other Party of any of the terms hereof, the losing Party shall pay to the prevailing party reasonable attorneys’ fees, costs and expenses and court costs and other costs of action incurred in connection with the prosecution or defense of such action, whether or not the action is prosecuted to a final judgment.
(e) Entire Agreement; Termination of LOI. This Agreement (including all Recitals and Exhibits attached hereto), is the final expression of, and contains the entire agreement between, the Parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, changed, supplemented, superseded nor may any obligations hereunder be waived, except by written instrument signed by the Parties or by its agent duly authorized in writing or as otherwise expressly permitted herein. The Parties do not intend to confer any benefit hereunder on any person, firm or corporation other than the Parties hereto. The Parties acknowledge and agree that upon the Effective Date of this Agreement, the LOI shall thereby be cancelled and terminated and of no further force or effect upon the Parties or the terms and conditions relating to the purchase and sale of the Property between Buyer and Seller. (f) Time of Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereof by either Party shall constitute a material breach of and a non-curable (but waivable) default under this Agreement by the Party so failing to perform.

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(g) Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties to create the relationship of principal and agent, a partnership, joint venture or any other association between Buyer and Seller. (h) Construction/Exhibits. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the Agreement.

Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same.

Unless otherwise indicated, all references to paragraphs, sections, subparagraphs and subsections are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated herein by this reference.
(i) Governing Law/Venue. The Parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The Parties hereto expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. The Parties hereto agree that the exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the applicable Court of Sonoma County, California, or, in the alternative, in cases where Federal jurisdiction is available, in the United States District Court for the Northern District of California.
(j) Days of Week. A “business day,” as used herein, shall mean any day other than a Saturday, Sunday or holiday, as defined in Section 6700 of the California Government Code. If any date for performance herein falls on a day other than a business day, the time for such performance shall be extended to 5:00 p.m. on the next business day. (k) Possession of Property. Subject to the Approved Conditions of Title, Buyer shall be entitled to the possession of the Property immediately following the Close of Escrow.
(l) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
(m) Facsimile Signatures. In order to expedite the transaction contemplated herein, facsimile signatures may be used in place of original signatures on this Agreement.

Seller and Buyer intend to be bound by the signatures on the facsimile document, are aware that the other Party will rely on the facsimile signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the use of a facsimile signature. (n) Termination Documents. If this Agreement is terminated prior to the Close of Escrow for any reason, Buyer shall deliver to Seller the following documents and materials (collectively hereinafter referred to as the “Termination Documents”): at no cost and without warranty as to correctness, copies of all reports, studies, maps and engineering studies that were generated by third parties for Buyer with respect to the Property, including, but not

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limited to, all environmental reports, surveys, marketing reports, geotechnical reports, lot studies and improvement plans.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below and this Agreement shall be effective as of the later of the dates executed by Buyer or Seller (“Effective Date”).

BUYER: SELLER:

City of Healdsburg, a California municipal
corporation
Sandra A. Bock, a married woman as her sole
and separate property
By: By:

Name: Jeffrey Kay Name: Sandra A. Block
Title: City Manager Date:

Date:

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RECEIPT BY ESCROW HOLDER
Escrow Holder hereby acknowledges receipt of a fully executed copy of the foregoing Agreement on this date and agrees to abide by the escrow instructions contained therein.

Escrow Holder:

Fidelity National Title Company
By:

Name: Pam Stanfill
Its: Escrow Officer
Date:

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EXHIBIT A
Legal Description of Property
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Lot 1, as shown on City of Healdsburg Parcel Map Number 70, filed March 27, 1981, in Book 320 of Maps, Pages 1 and 2, Sonoma County Records.

APN: 002-304-009-000.

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EXHIBIT B
Grant Deed
RECORDING REQUESTED BY:

WHEN RECORDED MAIL
TO AND MAIL TAX STATEMENTS TO:

City of Healdsburg
410 Grove Street
Healdsburg, CA 95448-4723
Attention: City Clerk
(Above Space for Recorder’s Use Only)

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SANDRA A. BOCK, a married woman as her sole and separate property (“Grantor”) hereby grants to the City of Healdsburg, a California municipal corporation (“Grantee”), that certain real property located in the City of Healdsburg, County of Sonoma, State of California, described on Attachment 1 which is attached hereto, subject to all matters of title or of record or any matters that would be disclosed by an accurate survey, in fee simple.

IN WITNESS WHEREOF, the Grantor has caused this Grant Deed to be executed as of the ___ day of ________________, 202_.

SANDRA A. BOCK, a married woman as her sole and separate property By:
[Notary acknowledgment required]

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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property situated in the City of Healdsburg, County of Sonoma, State of California, conveyed by GRANT DEED, dated ___________, 202__ (“Grant Deed”), from SANDRA A. BOCK, a married woman as her sole and separate property (“Grantor”) to the CITY OF HEALDSBURG, a California municipal corporation (“Grantee”), is hereby accepted by the undersigned officer or agent on behalf of the Grantee, pursuant to authority conferred by Resolution No. _____________, adopted by the City Council of the City of Healdsburg on ____________________, 20___, and the Grantee consents to recordation of the Grant Deed by its duly authorized officer.

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: Jeff Kay
Its: City Manager
Date: ______________________, 202__

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ACKNOWLEDGMENT
State of California )
) ss
County of ___________ )
On , before me,___________________________________________, (Name of Notary)
notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Signature)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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ATTACHMENT 1
Legal Description of Property
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:

Lot 1, as shown on City of Healdsburg Parcel Map Number 70, filed March 27, 1981, in Book 320 of Maps, Pages 1 and 2, Sonoma County Records.

APN: 002-304-009-000.

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EXHIBIT C

PRELIMINARY REPORT

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EXHIBIT D

BILL OF SALE
Sandra A. Bock, a married woman as her sole and separate property (“Seller”), for good and valuable consideration, receipt of which is hereby acknowledged from the City of Healdsburg, a California municipal corporation (“Buyer”), and in accordance with that certain Agreement of Purchase and Sale and Joint Escrow Instructions (“Agreement”), effective as of __________, 202__, between the Seller and Buyer, hereby transfers, assigns and delivers to Buyer, its successors and assigns, all of Seller’s right, title and interest in and to the furniture, furnishings, fixtures, linens, pillows, blankets and associated equipment used by Seller in the conduct of business activities on the Property, as defined in the Agreement, and as described in Schedule 1 to this Bill of Sale attached hereto and incorporated herein by this reference.

Seller:

Sandra A. Bock, a married woman as her sole and separate property By:

Sandra A. Bock
Date: ______________________, 202__
SCHEDULE 1 TO BILL OF SALE

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LIST OF FURNISHINGS, FIXTURES AND EQUIPMENT
[to be prepared by Buyer and Seller]

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EXHIBIT B
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget Detail
Grantee has been awarded the Grant amount set forth in this Agreement.

2. Conditions of Disbursement
The Department will disburse the full amount of the Grant award to the Grantee after this Agreement has been fully executed and after the Department receives the Grantee’s request for funds, with all required supporting documents appended thereto. The Grantee shall append the following supporting documents to the request for funds, all in form and substance acceptable to the Department:

A. Payee Data Record (STD 204) or Government Agency Taxpayer ID Form, as applicable;
B. An authorizing resolution or set of authorizing resolutions that, in the Department’s reasonable determination, materially comports with the Program Requirements (if the Grantee has not already submitted same);
C. Documentary evidence of any eligible costs incurred on or after March 3, 2021 and before the execution of this Agreement;
D. Certification of compliance with California’s prevailing wage law, as well as all applicable federal prevailing wage law;
E. A copy of the Department-approved relocation plan for the Project, or a copy of a Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement, which has been duly executed by the Grantee and approved by the Department;
F. Evidence of the insurance coverages required under the Program and/or a written acknowledgment of self-insured status;
G. Documentary evidence of capacity to provide operating funds for the Project for at least five (5) years;
H. A current title report (dated within 15 days of the request for funds); For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT B
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
I. Any forms, certifications, or documentation required pursuant to Paragraph 5– Additional Conditions Precedent to Disbursement of Exhibit E of this Agreement; and
J. Any other forms, certifications, or documentation deemed necessary by the Department prior to disbursement of Grant funds.

3. Performance
After disbursement of the funds, the Grantee shall meet each Performance Milestone set forth at Exhibit E by the relevant Milestone Completion Date. After satisfaction of each Performance Milestone, the Grantee shall promptly report its progress, in writing, to the Department. Grantee may apply to the Department for an extension of any Milestone Completion Date based on good cause shown and best efforts and assurances from the Recipient for timely completion of the remaining Performance Milestones.

FAILURE TO SATISFY ANY ONE OF THE PERFORMANCE MILESTONES WILL

CONSTITUTE A BREACH OF THIS AGREEMENT AND ENTITLES THE DEPARTMENT

TO MANDATE THE GRANTEE TO RETURN TO THE DEPARTMENT ANY FUNDS DISBURSED; IN ANY SUCH INSTANCE, THE DEPARMENT MAY ALSO CANCEL THIS

AGREEMENT WITHOUT OWING ANY DAMAGES OR OTHER PAYMENT TO GRANTEE.

4. Fiscal Administration
A. Grantee shall either deposit the Grant funds with an escrow company licensed to do business in the State of California and in good standing, or deposit the Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities.

B. Any capital expenditure award funds that have not been expended by the Expenditure Deadline for Capital Funds must be returned to the Department with accrued interest. Any operating subsidy award funds that have not been expended by the Expenditure Deadline for Operating Funds must be returned to the Department with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than thirty (30) calendar days after the applicable Expenditure Deadline.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT B
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
Department of Housing and Community Development
Accounting Division, Suite 300
2020 W. El Camino Avenue
Sacramento, California 95833

5. Duplication of Benefit
Homekey funding is not required to be used as funding of last resort. However, Grantee may not use Homekey funding to cover expenditures that have already been funded through other sources. Expenses that have been or will be reimbursed under any federal program are not eligible uses of Homekey funding.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX

HOMEKEY GENERAL TERMS AND CONDITIONS

1. Effective Date, Term of Agreement, Timing, and Deadlines A. This Agreement, when fully executed by the Department and the Grantee, is effective upon the date of the Department representative’s signature on the STD 213, Standard Agreement (such date, the “Effective Date").

B. This Agreement shall terminate fifteen (15) years after the Effective Date, as stated in Paragraph 2 of the STD 213, Standard Agreement (such date, the “Expiration Date”).

C. Grantee will receive the disbursement of Program funds after satisfying all conditions precedent to such disbursement, as set forth under Paragraph 2 of Exhibit B and, as necessary and applicable, under Paragraph 5 of Exhibit E.

D. Any expenses incurred prior to March 3, 2021, after the Expenditure Deadline for Capital Funds, or after the Expenditure Deadline for Operating Funds, respectively and as applicable, are not eligible for payment under the Program, unless an alternate arrangement is legally permissible and has been approved by the Department in advance and in writing.

E. Grant funds that have not been expended by the applicable Expenditure Deadlines shall revert to the Department in the absence of an alternate arrangement that has been approved by the Department in advance and in writing.

2. Termination for Cause
The Department may terminate this Agreement for cause at any time by giving at least fourteen (14) calendar days’ advance written notice to the Grantee. Upon such termination, Grantee shall return any unexpended funds to the Department within thirty (30) calendar days of the date on the Department’s written notice of termination, unless the Department has approved an alternate arrangement in advance and in writing, as provided below. Such termination will not limit any other remedies that may be available to the Department under this Agreement, at law, or in equity.

Cause shall consist of Grantee’s breach of, or failure to satisfy, any of the terms or conditions of this Agreement. Cause includes but is not limited to the following:

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
A. Grantee’s failure to satisfy the conditions precedent to disbursement or to expend Program Grant funds, as specified.

B. Grantee’s failure to timely satisfy each or any of the conditions set forth in these Homekey General Terms and Conditions, the Special Conditions set forth at Exhibit E of this Agreement (including any one of the Performance Milestones), or the award letter.

C. Grantee’s violation of any of the Program Requirements.

D. The Department’s determination of the following:
1) Any material fact or representation, made or furnished to the Department by the Grantee in connection with the Application or the award letter, shall have been untrue or misleading at the time that such fact or representation was made known to the Department, or subsequently becomes untrue or misleading; or
2) Grantee has concealed any material fact from the Department related to the Application or the Project.

E. The Department’s determination that the objectives and requirements of the Homekey Program cannot be met in accordance with applicable timeframes, as memorialized by this Agreement.

In the event of this or any other breach, violation, or default by the Grantee, the Department may give written notice to the Grantee to cure the breach, violation, or default. If the breach, violation, or default is not cured to the Department’s satisfaction within a reasonable time, as determined by the Department in its sole and absolute discretion, then the Department may declare a default under this Agreement and seek any and all remedies that are available under this Agreement, at law, or in equity.

3. Cancellation
A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
B. This Agreement is valid and enforceable only if sufficient funds are made available to the State of California by the United States Government for fiscal years 2021-2022 through 2025-2026 for CSFRF purposes. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

C. The parties mutually agree that if the Congress does not appropriate sufficient funds for the CSFRF, this Agreement shall be amended to reflect any subsequent reduction in CSFRF funds.

D. The Department may cancel this Agreement, in whole or in part, if (i) sufficient funds are not made available by the United States Government; (ii) Congress enacts any restrictions, limitations, or conditions that impact this Agreement or the funding of this Agreement; or (iii) cancellation is otherwise permitted under state contracting law.

E. To cancel this Agreement pursuant to this paragraph, the Department shall give thirty (30) calendar days’ advance written notice to the Grantee. The Locality shall return any undisbursed portion of its Grant award to the Department within thirty (30) calendar days from the date on the Department’s written notice of cancellation, unless (i) the parties have agreed upon an alternate arrangement in advance and in writing; or (ii) an alternate arrangement is necessary for one or both parties to remain in compliance with ARPA or other applicable law.

4. Eligible Activities
Grant funds awarded to the Grantee shall be applied to the eligible uses set forth at Exhibit A and described in greater detail at Exhibit E. Payment for any cost which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee.

5. Performance Milestones
Grantee shall timely satisfy and complete all Performance Milestones, as identified at Exhibit E of this Agreement.

6. Article XXXIV
Per Health and Safety Code section 37001, subdivision (h)(2), article XXXIV, section 1 of the California Constitution (“Article XXXIV”) is not applicable to development that consists of the acquisition, rehabilitation, reconstruction, alterations work, new For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
construction, or any combination thereof, of lodging facilities or dwelling units using moneys received from CSFRF established by ARPA. As such, Article XXXIV is not applicable to Homekey-funded development, construction, or acquisition.

7. Appraisals
Grantee shall, at the request of the Department, provide an appraisal of any real property or any interest in real property that is acquired with the Grant funds. Any such appraisal shall be prepared in a form, and by a qualified appraiser, acceptable to the Department.

8. Compliance with Prevailing Wage Law
Grantee’s Project is subject to state and federal prevailing wage law. Grantee is urged to seek professional legal advice about prevailing wage law requirements and Grantee’s potential obligations thereunder. Prior to disbursing the Grant funds, the Department will require a certification of compliance with California’s prevailing wage law, as well as all applicable federal prevailing wage law. The certification must verify that prevailing wages have been or will be paid if such payment is required by law, and that labor records will be maintained and made available to any enforcement agency upon request. The certification must be signed by Grantee and its general contractor(s).

9. Environmental Conditions
Grantee shall provide a Phase I Environmental Site Assessment (“ESA”) for the Project, in conformance with ASTM Standard Practice E 1527, evaluating whether the Project is affected by any recognized environmental conditions. If the Phase I ESA discloses evidence of recognized environmental conditions and Grantee desires to proceed with the Project, the Grantee shall provide the Department with a Phase II report and any additional reports as required by the Department and in a form acceptable to the Department. Any remediation work shall be subject to Department approval. Grantee shall also provide an asbestos assessment and a lead-based paint report for the Department’s approval if the Project involves rehabilitation or demolition of existing improvements.

10. Insurance
Grantee shall obtain the insurance coverages identified in the NOFA. Grantee shall maintain such insurance coverages for either the term of this Agreement or the term of any required restrictive covenant or regulatory agreement, whichever applicable For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
term is longer. Grantee shall name the State of California and the Department, as well as their respective appointees, officers, agents, and employees, as additional insureds on all such policies. Such policies shall provide for notice to the Department in the event of any lapse of coverage or insurance claim thereunder. Prior to disbursement of any Grant funds, Grantee shall provide evidence satisfactory to the Department of its compliance with these insurance requirements.

If Grantee is self-insured, in whole or in part, as to any of the required types and levels of coverage, the Grantee shall provide the Department with a written acknowledgment of its self-insured status prior to disbursement of any Grant funds. If the Grantee abandons its self-insured status at any time after execution of this Agreement, the Grantee shall immediately notify the Department, and shall promptly comply with the insurance coverage requirements under the Program.

11. Operating Funds
Grantee shall demonstrate its capacity to provide five (5) years of operating funds for the Project. As set forth at Exhibit B of this Agreement, Grantee shall provide documentary evidence of such capacity prior to disbursement of any Grant funds.

12. Relocation
Grantee must comply with all applicable federal, state, and local relocation law.

Pursuant to relocation law, a Grantee must have a relocation plan prior to proceeding with any phase of a Project or other activity that will result in the displacement of persons, businesses, or farm operations. To ensure that displaced persons and entities do not suffer a disproportionate impact as a result of Projects which benefit the public, all notices to vacate and relocation services must be provided to them in accordance with applicable law. In addition, before the Homekey award will be disbursed, Grantee must have either:

A. A Department-approved relocation plan; or

B. A Department-issued Certification Regarding Non-Application of Relocation Benefits and Indemnification Agreement, which has been duly executed by the Grantee and approved by the Department.

13. One-for-One Replacement of Assisted Units
One-for-one replacement of Assisted Units is permissible if approved in advance by the Department per Section 301 of the NOFA, after the Department’s determination, For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
in its sole and absolute discretion, that such replacement will not reduce the inventory of units that are already available at affordable rents to households that are at or under 30 percent AMI.
.

14. Site Control
Unless and except as otherwise expressly approved in writing by the Department or provided at Exhibit E to this Agreement, the Grantee shall have control of the property at all times, and such control shall not be contingent on the approval of any other party. The status and nature of the Grantee's title and interest in the property must be acceptable to the Department. Site control may be evidenced by one of the following:

A. Fee title.

B. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit compliance with, and satisfaction of, all program objectives and requirements, including, without limitation, those set forth in this Agreement. If the Grantee’s interest in the property is a leasehold, and the lessee and the lessor are affiliated or related parties, then the Department may require that both the lessee and the lessor must execute this Agreement.

C. An executed disposition and development agreement, or irrevocable offer of dedication to a public agency.

D. A sales contract, or other enforceable agreement for the acquisition of the property. If this form of evidence was relied upon at the time of Application, the Department may impose additional Performance Milestones (e.g., presentation of additional or supplemental evidence of eventual site control closer to any projected close of escrow).

E. A letter of intent, executed by a sufficiently authorized signatory of the Grantee, that expressly represents to the Department, without condition or reservation, that, upon successful application, the Grantee shall purchase or otherwise acquire a sufficient legal interest in the property to accomplish the purpose of the award. The letter of intent must also be duly acknowledged by the party selling or otherwise conveying an interest in the subject property to the Grantee. If this form of evidence was relied upon at the time of Application, the Department may impose additional Performance Milestones (e.g., presentation of additional or supplemental evidence of eventual site control closer to any projected close of escrow).

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
F. Other evidence of site control that gives the Department assurance (equivalent to A-E above) that the Grantee will be able to complete the Project in a timely manner and in accordance with the Program’s objectives and requirements, including, without limitation, those set forth or referenced in this Agreement.

15. Adaptability and Accessibility
The Project shall comply with all applicable federal, state and local laws regarding adaptability and accessibility, including, without limitation, the requirements set forth in the NOFA.

16. Title Report
Grantee shall provide a current title report for the real property on which the Project is located. If Grantee’s interest in the property is leasehold, then Grantee shall provide a current title report for the leasehold interest and the fee interest. As set forth and specified at Exhibit B of this Agreement, Grantee shall provide such title report prior to disbursement of any Homekey Grant funds.

17. Title Insurance
Grantee shall provide evidence of title insurance and an ALTA As-Built Survey that are acceptable to the Department. The condition of title, the insurer, the liability amount, the form of policy, and the endorsements shall be subject to Department approval. The policy shall insure that Grantee holds good and marketable title (fee simple or leasehold).

18. Property Management Plan
Grantee shall submit a property management plan to the Department for its review and approval. Such management plan shall be consistent with any representations made in the Application, and it shall meet the Program Requirements (e.g., include the management, maintenance, and repair information required by the MHP Guidelines).

19. Supportive Services Plan
Grantee shall submit a Supportive Services plan to the Department for its review and approval. Such Supportive Services plan shall be consistent with any representations For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
made in the Application, and it shall meet the Program Requirements (e.g., provide for delivery of housing stability services and benefits).

20. Compliance with Title VI of the Civil Rights Act of 1964 Grantee and any of its contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the U.S.

Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.

21. Nondiscrimination
Statutes and regulations prohibiting discrimination are applicable to this Agreement and include, without limitation, the following:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and the U.S.

Department of the Treasury’s implementing regulations at 31 CFR Part 22; B. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.);
C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); D. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); E. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); and
F. The State of California nondiscrimination statutes, regulations, and standards set forth and identified in the NOFA and at Exhibit C of this Agreement.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
Grantee shall adopt a written nondiscrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Homekey funds.

22. Affirmative Fair Housing Marketing Plan and Fair Housing Compliance Grantee shall develop and implement an affirmative fair housing marketing plan that is satisfactory to the Department. Appropriate aspects of the initial plan shall be incorporated into the ongoing management plan to ensure positive outreach and informational efforts to those who are least likely to know about and apply for Interim Housing, Transitional Housing, or Permanent Housing. Grantee is encouraged to refer to the guidelines for Affirmative Fair Housing Marketing Plans issued by the U.S.

Department of Housing and Urban Development (“HUD”). Grantee shall comply with all applicable state and federal fair housing laws.

23. Grantee Acknowledgment of the Pet Friendly Housing Act of 2017 By executing this Agreement, Grantee acknowledges that the Pet Friendly Housing Act of 2017 (Health & Saf. Code, § 50466) requires each housing development, if it is financed on or after January 1, 2018 pursuant to Division 31 of the Health and Safety Code, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident’s dwelling unit, subject to applicable state laws and local governmental ordinances related to public health, animal control, and animal anticruelty.

24. Final Certificate of Occupancy
Grantee shall provide a final certificate of occupancy (or an equivalent form of occupancy certification or approval) issued by the local agency having jurisdiction over such certificates.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX

25. Occupancy
The Assisted Units shall be occupied by the Target Population, and such units shall be in decent, safe, and sanitary condition at the time of their occupancy. In addition, the Grantee shall certify, upon occupancy, that it will employ the core components of Housing First (as set forth at Welfare and Institutions Code section 8255) as part of its property management plan and Supportive Services plan.

26. Tenant Selection
For homeless individuals, referrals to Assisted Units shall be made through the local Coordinated Entry System (“CES”), unless an alternative system for Interim Housing Projects is approved by the Department in writing. For individuals at risk of homelessness, referrals to Assisted Units shall be made through the local CES or a comparable prioritization system based on greatest need. All referral protocols for Assisted Units shall be developed in collaboration with the local Continuum of Care and implemented consistent with the Program Requirements.

27. Participation in Statewide HDIS/HMIS
Grantee shall support Continuum of Care participation in the statewide Homeless Data Integration System (“HDIS”) and, in accordance with state and federal law (including all applicable privacy law), disclose relevant data to the local Homeless Management Information System (“HMIS”).

28. Restrictive Covenants and Regulatory Agreements
Either a restrictive covenant or a regulatory agreement shall be recorded against the Project real property, depending on the Project type. For Interim Housing or Transitional Housing Projects that will not result in Permanent Housing, the Department will prepare, and the Public Entity shall cause, a 15-year restrictive covenant to be recorded against the Project real property. For Interim Housing or Transitional Housing Projects that will ultimately result in Permanent Housing, the Public Entity or Tribal Entity shall prepare and cause a 15-year restrictive covenant to be recorded against the Project real property. For Permanent Housing Projects, the Public Entity or Tribal Entity shall prepare and cause a 55-year regulatory agreement to be recorded against the Project real property.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
All restrictive covenants and regulatory agreements shall require integration of the Target Population within all entrances, common areas, and buildings that comprise the Project.

All restrictive covenants and regulatory agreements shall include occupancy and rent restrictions that maintain the Project’s accessibility to the Target Population over the full term of the restrictive covenant or regulatory agreement.

All restrictive covenants and regulatory agreements are subject to the advance written approval of the Department, and shall be acceptable to the Department in form, substance, and priority. Project-specific requirements and deadlines are set forth at Exhibit E of this Agreement.

29. Restrictions on Sales, Transfers, and Encumbrances
Grantee shall not, for the duration of this Agreement, sell, assign, transfer, or convey the Project, or any interest therein or portion thereof, without the express prior written approval of the Department.

30. Retention, Inspection, and Audit of Records
Grantee is responsible for maintaining records which fully disclose the activities funded by the Grant. Grantee shall retain all records for a period of five (5) years after the expiration of this Agreement, unless a longer retention period is stipulated. If any litigation, claim, negotiation, audit, monitoring, inspection or other action commences during this required retention period, all records must be retained until a full and final resolution of the action.

The Department, as well as its appointees, employees, agents, and delegatees, shall have the right to review, obtain, and copy all records pertaining to performance under this Agreement. The U.S. Department of the Treasury and any authorized oversight body or representative, including, without limitation, the Treasury’s Office of Inspector General, the Government Accountability Office, and the Pandemic Relief Accountability Committee, shall have the right of access to such records in order to conduct audits or other investigations. Grantee shall provide any relevant information requested, and shall permit access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees and inspecting and copying books, records, accounts, and other relevant material.

At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Project. At the For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
Department’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The audit shall be performed by a qualified state, local, independent, or Department auditor. Where an independent auditor is engaged, the audit services agreement shall include a clause which permits the Department to have access to the independent auditor’s relevant papers, records, and work product.

If there are audit findings, the Grantee shall submit a detailed response to the Department for each audit finding. The Department will review the response. If the Department determines, in its sole and absolute discretion, that the response is satisfactory, the Department will conclude the audit process and notify the Grantee in writing. If the Department determines, in its sole and absolute discretion, that the response is not satisfactory, the Department will contact the Grantee, in writing, and explain the action required to cure any audit deficiencies. Such action could include the repayment of ineligible costs or other remediation.

If so directed by the Department upon the termination or expiration of this Agreement, the Grantee shall deliver all records, accounts, documentation, and other materials that are relevant to this Agreement to the Department as depository.

31. Site Inspection
The Department reserves the right, upon reasonable notice, to inspect the Project to determine whether it meets the Program Requirements. If the Department reasonably determines that the site is not acceptable for the Project in accordance with the Program Requirements, the Department reserves the right to rescind the award and the Grant. Nothing in this paragraph is intended to create or imply any obligation of the Department to inspect the Project.

32. Compliance with State and Federal Laws, Rules, Guidelines, and Regulations Grantee agrees to comply with all state and federal laws, rules, guidelines, and regulations that are applicable to the Project, including those that pertain to construction, health and safety, labor, fair employment practices, and equal opportunity.

33. Updated Information
If there is any change in the information that has been provided to the Department, Grantee shall promptly provide the Department with updated documentation (e.g., updated sources and uses). All changes shall be subject to Department approval. In For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
addition, Grantee shall promptly notify the Department, in writing, of any changes in Grantee or Co-Grantee organization, authorization, or capacity.

34. Survival of Obligations
The obligations of the Grantee, as set forth in this Agreement, shall survive the termination or expiration of this Agreement.

35. Litigation
Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement, the Program Requirements, the interests of the Department, and the objectives of the Homekey Program.

36. Entire Agreement; Severability
This Agreement constitutes the entire agreement between the Grantee and the Department. All prior representations, statements, negotiations and undertakings with regard to the subject matter hereof are superseded hereby. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

37. Modification or Waiver under AB 1010
The Department reserves the right to waive or modify any requirement under this Agreement, or any Program Requirement, as authorized by and in accordance with Assembly Bill No. 1010 (Chapter 660, Statutes of 2019) (“AB 1010”), which is codified at Health and Safety Code section 50406, subdivision (p).

38. Waivers
No waiver of any breach, violation, or default under this Agreement shall be held to be a waiver of any other or subsequent breach or violation thereof or default thereunder.

The Department’s failure, at any time, to enforce the provisions of this Agreement or to require the Grantee’s performance under this Agreement shall in no way be For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
construed as a waiver of such provisions or performance, and it shall not affect the validity of this Agreement or the Department’s right to enforce this Agreement.

39. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This Agreement is subject to the administrative requirements, cost principles, and audit requirements for federal awards to non-federal entities, which are set forth at 2 Code of Federal Regulations part 200.

40. Single Audit Requirements
Grantee is responsible for complying, as necessary, with the Single Audit Act and its implementing regulation at 2 Code of Federal Regulations part 200, subpart F regarding audit requirements.

41. Disputes
In the event of any conflict between this Agreement and any Grantee documents or side agreements, this Agreement and the Program Requirements shall prevail, are applicable, and shall be enforceable by the Department even if the Department provided review or approval of such documents and side agreements.

42. Consent
The parties agree that wherever the consent or approval of the Department or Grantee is required under this Agreement, such consent or approval shall not be unreasonably withheld, conditioned, or delayed, unless the same is specified as being in that party’s sole and absolute discretion, or other words of similar import.

43. Grantee Liability
Grantee shall remain liable to the Department for performance under this Standard Agreement and compliance with all Program Requirements regardless of any Department-approved transfer or assignment of interest, or of any designation of a third party for the undertaking of all or any part of the Scope of Work. Likewise, each Co-Grantee shall remain jointly and severally liable to the Department for performance under this Standard Agreement and compliance with all Program Requirements regardless of any Department-approved transfer or assignment of interest; any For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT D
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
designation of a third party for the undertaking of all or any part of the Scope of Work; or the Co-Grantees’ identification of a Designated Payee.

44. Defense and Indemnification
Grantee agrees to defend, indemnify, and hold harmless the Department, and its appointees, agents, employees, and officers, from any losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses (including attorneys’ fees), which may arise in connection with Grantee’s use of the Grant funds and performance under this Agreement. If any attorney, including the California Attorney General, is engaged by the Department to enforce, construe, or defend any provision of this paragraph, with or without the filing of any legal action or proceeding, Grantee shall, individually or jointly, pay to the Department, immediately upon demand, the amount of all attorneys’ fees and costs incurred by the Department in connection therewith.

45. Time Is of the Essence
Time is of the essence under this Agreement, and in the performance of every term, covenant, and obligation contained herein.

For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX

PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS Interim Housing
A. PROJECT-SPECIFIC PROVISIONS

1. Interim Housing – Award, Disbursement, and Eligible Use(s). Grantee received a Homekey Program award letter on [Date] (the “Award Date”). Pursuant to that award letter, the Grantee is receiving Homekey Grant funds in the amount of $[_______.00] (the “Award”). The [Payee/Designated Payee] of these funds is [Full legal name of the Public Entity or Tribal Entity/Full legal name of the Co-Applicant].

Project Name
Street Address
County of [NAME]
APN: [#-#-#]
# of
Bedrooms Units
NonHomekey
Units
HomekeyAssisted
Units
AMI Income
Limit
Restriction to Subset of Target Population
[Homeless Youth]
[Youth at Risk of Homelessness]
[Chronically Homeless]
Manager
Unit 2 0 2 N/A N/A
0 (Studio) 10 0 10 20%
10 Homeless Youth
0 (Studio) 15 15 30%
1-Bedroom 20 20 25%
1-Bedroom 25 25 30%
2-Bedroom 30 30
3-Bedroom 1 1 0
4-Bedroom 2 2 0
5-Bedroom 3 3 0
Totals: 108 8 100
For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
Grantee will use the funds to provide Interim Housing for the Target Population.

Specifically, the Grantee will apply these funds towards the following Eligible Use(s):
a. [Example: Acquisition and rehabilitation of a hotel to provide Interim Housing for the Target Population]
b. [Example: Master lease of a property to provide non-congregate Interim Housing for the Target Population]
c. [Example: Capitalization of an operating subsidy for the Assisted Units]
Grantee’s Award includes $[_______.00] for capital expenditures and $[_______.00] for operating funds. The Expenditure Deadline for Capital Funds is set forth herein as a Milestone Completion Date. The Expenditure Deadline for Operating Funds is set forth herein as a Milestone Completion Date. [Please delete any portion of this language that is not applicable to this Project.]
Grantee’s Award includes $[_______.00] for relocation costs. The Department has awarded this money in accordance with the NOFA. This amount represents one-half of the relocation cost per door. The Grantee is responsible for paying the balance of any and all relocation costs necessitated by the Project. [Please delete this language if it is not applicable to this Project.]
Grantee will receive additional funds in the amount of $[_______.00] (the “Bonus Award”) if the Project’s Assisted Units achieve full occupancy (with consideration for an average of 10 percent vacancy) within eight (8) months of the Award Date. The occupancy deadline in connection with Grantee’s Bonus Award is set forth herein as a Milestone Completion Date. The Department will not disburse the Bonus Award until it receives documentary evidence, in form and substance reasonably satisfactory to the Department, that the Milestone Completion Date has been met.

Grantee shall only use such Bonus Award for its incurred or prospective operating costs for the Project. If Grantee duly satisfies all requirements and conditions relative to the Bonus Award, Grantee’s total award amount will be $[(Award) + (Bonus Award)] (the “Total Award Amount”). [Please delete this language if it is not applicable to this Project.]

2. Project Narrative. [Please provide a lean, but reasonably comprehensive description of the Project. *Briefly describe the site, the asset, and the location. (Proximity to public transit? Proximity to essential services?) *Briefly describe whether this Project involves acquisition only or acquisition and rehabilitation. If the Project involves a master lease of the property, please note that here. *Identify any For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
subpopulation (e.g., Homeless Youth) that will be served by the Project. *Briefly describe any physical features, services, or amenities that are unique to this Project. *Detail any additional communal amenities that will be supplied, such as a meeting room, a community room, or a communal kitchen.]
Homeless Youth Project. This Project received prioritized set-aside funding as a Homeless Youth Project. As such, at least 25 percent of its Assisted Units must be restricted to occupancy by Homeless Youth or Youth at Risk of Homelessness, and/or Grantee shall provide Supportive Services for the Youth Assisted Units using a Positive Youth Development (PYD) model and trauma-informed care. Grantee shall abide by all additional representations in the Application that qualified the Grantee’s Project for prioritized funding as a Homeless Youth Project. [Please delete all or any portion of this language if it is not applicable to this Project.] Set-Aside Funds – Homeless Youth or Youth at Risk of Homelessness Occupancy. This Project’s Award included set-aside funds for Homeless Youth or Youth at Risk of Homelessness in the amount of $[_______.00]. In exchange for these set-aside funds, the Grantee has agreed that at least [#] doors in this Project will be restricted to occupancy by Homeless Youth or Youth at Risk of Homelessness for the duration of the 15-year affordability term. [Please delete this language if it is not applicable to this Project.]
Set-Aside Funds – Tribal Entity Grantee or Co-Grantee. This Project’s Award included set-aside funds in the amount of $[_______.00] because the Grantee or Co-Grantee is a Tribal Entity. [Please delete this language if it is not applicable to this Project.]
Obligation to Serve Subsets of the Target Population. [Grantee shall ensure that at least 25 percent of the Project’s Assisted Units are restricted to occupancy by the Chronically Homeless.] [Grantee shall ensure that at least 50 percent of the Project’s Assisted Units are restricted to occupancy by the Homeless.] [Grantee shall ensure that at least 25 percent of the Project’s Assisted Units have three or more bedrooms, and that an additional 25 percent of the Project’s Assisted Units have two or more bedrooms, consistent with TCAC regulations.] [Please delete this paragraph, or any portion of this paragraph, as required by the facts of this Project.]

3. Scope of Work. [Please include a clear, precise description of the work to be performed; the services to be provided; and all other goals, objectives, and deliverables to be fulfilled. *Please identify the construction activities, rehabilitation activities, and site modifications to be completed. *Please identify all services outlined in the Supportive Services plan.]
For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX

4. Grantee Contract Coordinator.

Authorized Representative Name:

Authorized Representative Title:

Entity Name:

Address:

Telephone No.:

E-Mail Address:

5. Additional Conditions Precedent to Disbursement.

6. Budget Detail.

Grantee is obligated to cover the Project’s operations and service costs for five (5) years. Grantee will satisfy this obligation by leveraging funding commitments, or other reasonable funding assurances, from the following funding sources: [List each government, philanthropic, and private funding source by its full legal name. This list may include the Homekey Program.]
Master Lease. Grantee shall abide by its obligation and 15-year plan to cover the Project’s operations and service costs. Grantee will satisfy this obligation by leveraging the following funding sources: [List each government, philanthropic, and private funding source by its full legal name]. [Please delete this paragraph if it is not applicable to this Project.] [If this paragraph is applicable, please delete the paragraph above.] [If the Department has chosen to waive the master leasing requirement of a 15-year plan, please briefly describe the Department’s rationale for that waiver.]
Grantee shall maintain the ongoing affordability of the Project by leveraging the following non-Homekey sources of rental or operating subsidies: [Identify the relevant non-Homekey funding sources.] [Please delete this language if it is not applicable to this Project (i.e., the Project did not receive points under the relevant evaluation criterion in the NOFA).]
For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX

7. Performance Milestones.
[Add, customize, or delete rows as required by the facts of this transaction. Please delete this instruction before routing this Exhibit E for internal review.] Performance Milestones Milestone Completion Date
Capital funds must be fully expended. [Insert date which is eight (8) months from date of Award]
The Project’s escrow must be closed,
and the capital funds must be fully
expended. [For Projects that involve
acquisition and a capital award.]
[Insert date which is eight (8) months from
date of Award]
All Homekey-funded construction or
rehabilitation must be completed.
[Insert date which is twelve (12) months
from date of Award]
Full occupancy by the Target
Population must be accomplished in
accordance with the descriptions and
representations set forth in the
Application.
[Bonus Award Project/Expedited
Occupancy: Insert date which is eight
months from date of Award]
[or]
[Acquisition or master lease only: Insert
date which is eight months from date of
Award + ninety (90) days]
[or]
[Construction/rehabilitation: Insert date
which is twelve (12) months from date of
Award + ninety (90) days]
A copy of Grantee’s written
nondiscrimination policy (in accordance
with Exhibit D of this Agreement) must
be submitted to the Department.
[Insert date which is eight (8) months from
date of Award]
For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
Performance Milestones Milestone Completion Date
A Department-approved Covenant must
be recorded against the Project as
specified and described in the NOFA
and this Agreement.

Within ninety (90) calendar days of
receiving an execution copy of the
Covenant from the Department.

Homekey-funded operating funds must
be fully expended.

June 30, 2026
A Homekey Program and Expenditure
Report must be submitted to the
Department as specified and described
in the NOFA.

January 31 – Each year for five (5) years
following the Effective Date of this
Agreement
B. SPECIAL TERMS AND CONDITIONS
The following Special Terms and Conditions are applicable to this Project and shall control notwithstanding anything to the contrary herein:

1. Master Lease. [Payee/Designated Payee] shall apply the funds towards a lump sum pre-payment of all lease payment obligations for the Project calculated over the Project’s full Homekey term of affordability and reduced to net present value (NPV). [Please delete this paragraph if it is not applicable to this Project.]

2. Use Restriction. The state, regional, local, or tribal Grantee shall ensure that the Project is duly encumbered with a 15-year covenant, declaration, regulatory agreement, or similar use restriction (the “Covenant”) that (a) is recorded in first position against the Project for the benefit of the Department; (b) restricts the use, operation, occupancy, and affordability of the Project in accordance with this Agreement and the applicable Program Requirements; and (c) is otherwise in form and substance acceptable to the Department.

Within ninety (90) calendar days of receiving an execution copy of the Covenant from the Department, the Grantee, as owner of the real property of the Project site, shall duly execute the Covenant; provide a copy of the same to the Department; ensure that the fully executed Covenant is recorded in the Official Records of the For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
County of [__]; and provide the Department with a conformed copy of the recorded Covenant.

Unless otherwise authorized by the prior and express written approval of the Department, the Covenant must be recorded as a lien against the Project in first position, and must remain in first position, over all other Project agreements, covenants, or other matters of record on the real property for the period of affordability required by the Program.

3. Use Restriction – Master Lease. The state, regional, local, or tribal Grantee shall ensure that the Project is duly encumbered with a 15-year covenant, declaration, regulatory agreement, or similar use restriction (the “Covenant”) that (a) is recorded in first position against the Project for the benefit of the Department; (b) restricts the use, operation, occupancy, and affordability of the Project in accordance with this Agreement and the applicable Program Requirements; and (c) is otherwise in form and substance acceptable to the Department.

Within ninety (90) calendar days of receiving an execution copy of the Covenant from the Department, the Grantee shall ensure that the Covenant is duly executed by the owner of the real property of the Project site; provide a copy of the same to the Department; ensure that the fully executed Covenant is recorded against both the Grantee’s interest in the Project and the fee interest in the real property of the Project site; ensure recordation of said Covenant in the Official Records of the County of [__]; and provide the Department with a conformed copy of the recorded Covenant. At the time of recordation, the lease shall have a term remaining that is at least fifteen (15) years in duration.

Unless otherwise authorized by the prior and express written approval of the Department, the Covenant must be recorded as a lien against the Project in first position and as specified above, and it must remain in first position, over all other Project agreements, covenants, or other matters of record on the real property for the period of affordability required by the Program. [Please delete this specific “Use Restriction – Master Lease” paragraph if it is not applicable to this Project. If this paragraph does apply to this Project, please delete the foregoing general “Use Restriction” paragraph.]

4. [Any Department-approved extensions to deadlines will be described in this section.]

5. Grantee has committed to a 55-year Regulatory Agreement for the Project and has waived any potential accommodation by the Department to increase income limits, as described in the NOFA, for [at least 25 percent of the Assisted Units] [or] [at least For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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EXHIBIT E
Homekey Program – Round 2 (Homekey)
NOFA Date: September 9, 2021
Project Name:

Approved Date: 12-21-2021
Prep. Date: XX-XX-XXXX
50 percent of the Assisted Units] [or] [at least 75 percent of the Assisted Units] [or] [100 percent of the Assisted Units]. During the Homekey Application review process and in accordance with the NOFA, the Grantee received a scoring advantage for making this commitment. [Please delete this paragraph, or any portion of this paragraph, as required by the facts of this Project.] [If this paragraph does apply to this Project, please ensure that the “Use Restriction” paragraph above sets forth terms that are typically used for Permanent Housing Projects.]

6. Grantee has made the following accessibility commitments with respect to the Project: The Project will exceed the state and federal accessibility requirements set forth in the NOFA. At least 15 percent of the Project’s Assisted Units must have features accessible to persons with mobility disabilities, as specified and described in the NOFA. [and/or] At least 10 percent of the Project’s units must have features accessible to persons with hearing or vision disabilities, as specified and described in the NOFA. [Please delete this paragraph, or any portion of this paragraph, as required by the facts of this Project.]

7. [If the Project is subject to AB 1010, indicate that here, and describe any waivers and modifications of the Program Requirements.]

8. For informational purposes only. HCD reserves the right to change or modify the exhibits as required by applicable law.

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Packet Pg. 307 Attachment: Attachment C (3473 : Project Homekey)

REACH FOR HOME

L & M VILLAGE

PROGRAM MANUAL

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Packet Pg. 308 Attachment: Attachment D (3473 : Project Homekey) Updated 12.9.2021
Contents
Program Overview ....................................................................................................................... 3 Outreach and Referral ................................................................................................................ 3 Application Process ...................................................................................................................... 3 Determining Eligibility ................................................................................................................... 3 Ineligibility ...................................................................................................................................... 5 Connections to Other Resources ............................................................................................... 5 Intake Process ............................................................................................................................... 6 Service Delivery ............................................................................................................................. 6 Program Participation .................................................................................................................. 6 Assessment/Goal Planning .......................................................................................................... 7 Length of Stay ............................................................................................................................... 8 Guest Policy ................................................................................................................................... 8 Inspections ..................................................................................................................................... 8 Animals ........................................................................................................................................... 9 Abandonment .............................................................................................................................. 9 Exit Policy ....................................................................................................................................... 9 Governance Structure ................................................................................................................. 9 Appeals Procedure .................................................................................................................... 10 Rights and Responsibilities ......................................................................................................... 10 Request for Reasonable Accommodation ............................................................................ 10 Equal Access ............................................................................................................................... 11 HMIS Data Collection ................................................................................................................. 12 Privacy Policy .............................................................................................................................. 12 Record Keeping .......................................................................................................................... 12 Appendices ................................................................................................................................. 13 Resolution Process ................................................................................................................................. 14

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Packet Pg. 309 Attachment: Attachment D (3473 : Project Homekey) Program Overview
REACH FOR HOME offers temporary shelter to homeless adults who are among the most vulnerable members of our local homeless community. Residents are referred using Northern Sonoma County’s By Names list through the County of Sonoma’s Coordinated Entry System (CES), through REACH FOR HOME Outreach Case Management team, or by community partners including City of Cloverdale Police Department, Healdsburg Police Department, Windsor Police Department, Corazon, Alexander Valley Medical Center, Alliance Medical Center to name a few. Residents are provided a hot meal once a day and access to healthy take and make foods throughout the day. Case management, Client Enrichment Services, recovery supports, and Social Supports services are all offered, and residents have easy access to the REACH FOR HOME Community Health and Wellness Unit which is onsite once a week for health and wellness support. Residents are admitted into the program for a starting period of 30 days. If there are no outstanding and ongoing negative behaviors, resident’s stay will be extended in 30-day increments for a period not to exceed 180 days.

Outreach and Referral
REACH FOR HOME staff will utilize the Northern Sonoma County By Names list to offer shelter units to vulnerable local individuals who are experiencing homelessness. In addition, we will accept direct referrals from REACH FOR HOME’S Street Outreach Case Management team, and our other partners listed in the previous section. If a need arises for additional referrals, REACH FOR HOME will reach out to other homeless service and healthcare providers and will access Sonoma County’s Coordinated Entry By Names list. Any resident, if not already referred through CES, will be entered into the system and served through Coordinated Entry.

Application Process
Interested individuals or couples may complete the REACH FOR HOME Village application, which can be obtained through REACH FOR HOME’s Street Outreach Case Management team or at the REACH FOR HOME L & M VILLIAGE - 7 days a week 8:00 – 5:00 p.m.

Determining Eligibility
To ensure that REACH FOR HOME is serving those who are most in need, applicants for REACH FOR HOME Village are required to sign a certification of income at the time of intake. Qualified applicants must earn 50% or below Average Monthly Income (AMI) as defined by U. S. Department of Housing and Urban Development (HUD).

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Packet Pg. 310 Attachment: Attachment D (3473 : Project Homekey) Family Size Income Level Range – 2021
Below 30%
(Extremely Low)
31% to 50%
(Very Low)
51% to 80%
(Moderate)
Over 80% (Nonlow Moderate)
1 Below $24,450 $24,451 -
$40,750
$40,751-
$65,150 $65,151 & above
2 Below $27,950 $27,951 -
$46,550
$46,551 -
$74,450 $74,451 & above
To ensure that REACH FOR HOME is serving the most vulnerable individuals in the homeless population, the focus on REACH FOR HOME’S L & M Village will be chronically homeless individuals.

HUD Definition of Chronic Homelessness

1. An individual who:
 Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and
 Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least four separate occasions in the last 3 years, where the cumulative total of the four occasions is at least one year. Stays in institutions of 90 days or less will not constitute as a break in homelessness, but rather such stays are included in the cumulative total. A break in homelessness spent living in a place not meant for human habitation, a safe haven, or in an emergency shelter is considered to be any period of 7 or more consecutive nights where an individual or family is not living or residing in such a place; and
 Has one or more of the following conditions: Substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002)), posttraumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability;

2. An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility for fewer than 90 days and met all the criteria in paragraph (1), before entering that facility.

Activities of Daily Living (ADLs)
Residents of REACH FOR HOME L & M Village need to be able to complete ADLs without the assistance of a home health care provider. Because REACH FOR HOME L & M Village is considered a form of temporary shelter, In Home Health Support (IHSS) workers

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Packet Pg. 311 Attachment: Attachment D (3473 : Project Homekey) will not be eligible to provide services or to move into units with residents. The exception would be if one member of a couple provides IHSS support for their partner.

Verification of Homeless Status
Evidence of homelessness, chronic homelessness (including disability), and region of homeless occasions will be obtained in the following order of priority:

1. Third Party Verification
a. This includes letters written and signed on letterhead from other homeless service providers such as shelters, homeless outreach workers, or other homeless service providers. In the absence of a homeless service provider, a signed letter on letterhead from another human service entity such as a food bank, social worker, outreach worker, health worker, law enforcement, hospital, medical clinic, or church is appropriate. b. Third party verification letters must be on letterhead and must contain the full name of the client. Letters must include dates verifying the timeframe of homelessness including both a start date and completion date. Letters should be signed by a staff member whose title appears on the letter. c. If third party verification if not available, intake worker observations are used. Lack of third-party documentation will not prevent an individual or couple from being admitted to the program.

2. Intake Worker Observations
REACH FOR HOME staff or other service provider may certify homeless status based on knowledge of individual’s current living situation. Intake worker should provide written statement detailing living situation.

Statement should be signed and dated, and whenever possible, should be backed up by HMIS printout.

3. Self-Certification
If neither third-party verification nor intake worker observations establish adequate evidence of homelessness, the person seeking assistance may self-certify that they are homeless. REACH FOR HOME staff will provide template for self-certification of homeless status.

Ineligibility
If an applicant does not qualify for REACH FOR HOME L & M Village, they will be offered other County resources. Staff will make every effort to divert ineligible applicants to family, friends, or other local agencies. (See below.)
Connections to Other Resources
For applicants who do not qualify for REACH FOR HOME L & M Village, we refer to the following local agencies:

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Packet Pg. 312 Attachment: Attachment D (3473 : Project Homekey)  Sonoma County Coordinated Entry System – 866.542.5480  Catholic Charities – [email protected]
 Redwood Gospel Mission – 707.578.1830
 The Rose – 707.573.0490
 211.org or dial 211
 COTS - (707) 765-6530
Intake Process
When a unit becomes available, REACH FOR HOME’S staff will contact the next eligible individual on the waitlist. Priority will be given to those who may be chronically homeless—staff will assist with gathering proof of chronicity. Applicants who provide contact information are called, texted, or emailed and have 24-hours to respond to schedule an intake. Staff will make three efforts to contact applicants and will document these attempts. Those who do not respond will be removed from waitlist.

Applicants without contact information need to contact REACH FOR HOME regularly to see where they are on the list. REACH FOR HOME’S Outreach Case Management team will assist with contacting individuals on waitlist, as will the local police departments.

REACH FOR HOME staff will conduct intake appointment. This appointment includes:
 REACH FOR HOME L & M Village paperwork completed by client  Client enrolled in HMIS database
 L & M Village rights and responsibilities explained
 Tour of L & M Village assignment of unit.

Service Delivery
REACH FOR HOME’S L & M Village is staffed 24/7, including security presence. Case managers and other REACH FOR HOME staff are typically available every day from 8:00 AM to 7:00 PM. Security is present 27/7. Our contracted security company is trained in trauma-informed service delivery; compassionate oversight is the overarching goal for their presence on the L & M Village property.

Meals
L & M Village residents are offered a hot meal each day. Cold breakfast, fruits, veggies and make and take items are available at any time. Dinner is served between 5:00 PM – 6:00 PM
Program Participation
The following is a partial list essential services that REACH FOR HOME L & M Village offers to participants:

Case Management
Ongoing case management is offered to all residents at REACH FOR HOME L & M Village. Meetings are housing-focused with continual redirection towards achievement

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Packet Pg. 313 Attachment: Attachment D (3473 : Project Homekey) of housing goals. Case management includes referrals to REACH FOR HOME’S permanent housing programs and other low-income housing opportunities such as Section 8 waitlists and Burbank Housing waitlists. Case managers utilize REACH FOR HOME’S Intake Assessment and Individual Action Plans (IAPs) for the basis for individualized case management offerings. (See Assessment/Goal Planning section below.)
Community Service
L & M Village residents are encouraged to participate in community service at the site to help keep the grounds clean and safe. Community service tasks will be assigned at intake and will be rotated monthly.

Community Meetings
The L & M Village Resident Council will convene monthly community meetings to obtain feedback from residents and troubleshoot issues. Residents are expected to attend this monthly meeting to the best of their ability.

Transportation
Clients have access to City and County bus passes as well as Clipper cards for regional travel for medical care, employment opportunities, housing opportunities or social service appointments. In addition, REACH FOR HOME offers transportation in their 12- seat passenger van and will accompany residents to appointments for support when needed. In some instances, clients may have access to Lyft rides if abovementioned appointments are not accessible through use of public transit or REACH FOR HOME’S van.

Social Supports & Client Enrichment Services
L & M Village residents are welcome to join any life skills groups offered on the campus.

They are also invited to participate in one-on-one meetings with REACH FOR HOME’S contracted mental health specialist who will be onsite weekly.

Pathways Offerings
Clients who are interested in recovery support are invited to participate in REACH FOR HOME’S Pathways offerings. Group activities include multiple weekly meetings led by REACH FOR HOME’S trained staff members, and group transportation to local AA/NA meetings.

Assessment/Goal Planning
Case management will be offered to all L & M Village residents. An initial appointment will be set within 72 hours of intake. At this meeting, REACH FOR HOME’S Intake Assessment will be completed, and Individual Action Plan (IAP) will be established.

Assessment worksheet helps to identify clients’ specific strengths and needs. Areas of assessment include physical health and medications, housing history, finances, mental health, substance use, legal issues, hobbies, interests, and social supports.

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Packet Pg. 314 Attachment: Attachment D (3473 : Project Homekey) Based on this assessment, Case Managers work with client to create IAP goals, which can be updated monthly, or more often if needed. IAP outlines participants strengths along with individualized goals in the following areas:
 Housing
 Income
 Mental Health
 Physical Health
 Legal Issues (if applicable)
 Recovery/Personal Growth/Social Supports
 Employment
Progress on goals is reviewed at each case management meeting. Utilizing the information gathered from the assessment and IAP, Case Manager will determine if other services might benefit client and will refer to other service providers such as therapists, health care professionals or mainstream resources.

Length of Stay
Residents enter REACH FOR HOME L & M Village for a period of 30 days. If there are no behaviors that interfere with Resident Behavior Agreement, residents are extended for an additional 30 days. Client behaviors continue to be assessed every 30 days for a maximum of 180 days. Clients who have not achieved housing within 180 days will be exited from program. These clients will be encouraged to re-enroll into Sonoma County Coordinated Entry System (CES) so that they can be considered for additional housing opportunities. Trained REACH FOR HOME staff can complete CES enrollment with clients.

Residents sign a Resident Behavior Agreement upon entry to REACH FOR HOME L & M Village. (See appendix.) If at any time during their stay, client behavior is not in accordance with this agreement, they may be exited from program. REACH FOR HOME’S staff will make every attempt to work with clients before resorting to program exit based on behavior.

Guest Policy
Residents of REACH FOR HOME L & M Village are not to bring non-residents onto L & M Village property unless REACH FOR HOME has a special occasion. Residents can meet friends and family offsite. If resident has a meeting with an outside service provider, REACH FOR HOME will make every attempt to provide a private meeting space.

Inspections
Health and safety inspections will be executed monthly, at minimum. Smoke detectors and CO monitors will also be inspected. Inspections will be completed by REACH FOR HOME staff member accompanied by a member of the Resident Council. Residents will be given time to correct failed items. If resident is unable to maintain unit in a healthy and safe manner, they may be exited from program.

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Packet Pg. 315 Attachment: Attachment D (3473 : Project Homekey) Animals
Pets are permitted at REACH FOR HOME L & M Village. Resident is responsible for all agreements outlined in Addendum including vaccines, which can be provided by REACH FOR HOME through a grant when available. Pets will be expected to live in unit with resident.

Abandonment
If a resident of REACH FOR HOME L & M Village is absent for a period of 7 consecutive days and has not made any attempt to contact REACH FOR HOME’S staff, the unit will be considered abandoned, and all property will be removed. Resident will be exited from program. Resident has 18 days to recover their property and then it will be disposed of at REACH FOR HOME’S discretion. Two staff members (or a staff member and a member of the Resident Council) will be present for removal of items from unit and an inventory sheet will be created.

Exit Policy
REACH FOR HOME is dedicated to lowering barriers to maintaining shelter whenever possible. However, if a resident’s behavior is illegal, violent, abusive, unsafe for others, or is negatively affecting other program participants’ ability to remain sheltered, resident may be dismissed from the program. In making this determination, staff will examine all extenuating circumstances and will only terminate participation in the most severe cases. In these cases, a client will be given an exit letter, and supportive services will be focused on assisting the client with locating other shelter. Resident may appeal the decision using REACH FOR HOME’S Resolution Process described below.

Resident will be exited from HMIS within 48 hours of leaving the program.

Governance Structure
REACH FOR HOME L & M Village utilizes an inclusive governance structure to ensure that residents have a voice in programmatic decisions. The Resident Council is an advisory group that includes 3 individuals who are current residents of REACH FOR HOME L & M Village. These individuals must be in good standing (no major violations of Resident Agreement) and must have lived in REACH FOR HOME L & M Village for a minimum of 30 days. Resident Council presides at a monthly meeting with all residents to get feedback and troubleshoot issues. Resident Council also meets monthly with REACH FOR HOME staff to discuss issues and suggest improvements for the L & M Village and its residents. When there is a vacancy on the Resident Council, qualified residents can complete a Resident Council Application (see Appendix) to be reviewed and voted on by the existing Council members.

One member of the Resident Council will accompany REACH FOR HOME staff for all regularly scheduled unit inspections.

8.A.e
Packet Pg. 316 Attachment: Attachment D (3473 : Project Homekey) Appeals Procedure
REACH FOR HOME uses a formal resolution process to resolve any disputes or difficulties that may arise between REACH FOR HOME clients and staff. (See Resolution Process form in Appendix.) Resolution process is described at program intake and participant is provided with Resolution Process form.

Participant signs to acknowledge receipt of form and procedure.

Rights and Responsibilities
All clients have a right to be always treated with respect and dignity, without being subject to abusive, profane, or aggressive language. Clients have a right to a safe, habitable shelter environment. Clients have a right to express their thoughts and opinions without fear of retaliation.

We strive to create a positive, harmonious living environment for our clients. In order for this to be true, clients must maintain certain basic behavioral agreements. If they are unable to meet these agreements, the Case Manager will work with them to help them achieve acceptable levels of behavioral success.

All clients are responsible for adhering to the Program Agreements signed at intake (See Program Agreement in Appendix.) In addition, all clients must:
● agree to be nonviolent
● agree to treat staff, other tenants, neighbors, and property with respect ● agree to not create a nuisance in the home or common areas or otherwise disturb other program participants living on the property, neighbors, or REACH FOR HOME staff
● agree to obey fire and other safety regulations
● agree to keep the shelter clean and habitable
Request for Reasonable Accommodation
The Americans with Disabilities Act (ADA) sets forth certain requirements with respect to persons with disabilities. REACH FOR HOME will strive to conform to applicable federal, state or local laws regarding protections for client with disabilities. We will seek to provide changes to the program's normal policies and practices that are necessary due to clients' disabilities in the form of reasonable accommodations provided that such accommodations do not cause an unreasonable hardship to the organization. Requests for reasonable accommodations may be directed to the RRH Case Manager, who can then consult with Director of Programs.

8.A.e
Packet Pg. 317 Attachment: Attachment D (3473 : Project Homekey) Equal Access
REACH FOR HOME programs adhere to HUDs Equal Access ruling, as stated below:
§ 5.106 Equal access in accordance with the individual’s gender identity in community planning and development programs.
(a) Applicability. This section applies to assistance provided under Community Planning and Development (CPD) programs, including assistance under the following CPD programs: HOME Investment Partnerships program (24 CFR part 92), Housing Trust Fund program (24 CFR part 93), Community Development Block Grant program (24 CFR part 570), Housing Opportunities for Persons With AIDS program (24 CFR part 574), Emergency Solutions Grants program (24 CFR part 576), Continuum of Care program (24 CFR part 578), or Rural Housing Stability Assistance Program (24 CFR part 579).

The requirements of this section apply to recipients and subrecipients, as well as to owners, operators, and managers of shelters and other buildings and facilities and providers of services funded in whole or in part by any CPD program. (b) Equal access in accordance with gender identity. The admissions, occupancy, and operating policies and procedures of recipients, subrecipients, owners, operators, managers, and providers identified in paragraph (a) of this section, including policies and procedures to protect privacy, health, safety, and security, shall be established or amended, as necessary, and administered in a nondiscriminatory manner to ensure that:
(1) Equal access to CPD programs, shelters, other buildings and facilities, benefits, services, and accommodations is provided to an individual in accordance with the individual’s gender identity, and in a manner that affords equal access to the individual’s family;
(2) An individual is placed, served, and accommodated in accordance with the gender identity of the individual;
(3) An individual is not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual’s gender identity; and
(4) Eligibility determinations are made and assisted housing is made available in CPD programs as required by § 5.105(a)(2).
(c) Placement and accommodation in temporary, emergency shelters and other buildings and facilities with shared sleeping quarters or shared bathing facilities—

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Packet Pg. 318 Attachment: Attachment D (3473 : Project Homekey) (1) Placement and accommodation. Placement and accommodation of an individual in temporary, emergency shelters and other buildings and facilities with physical limitations or configurations that require and are permitted to have shared sleeping quarters or shared bathing facilities shall be made in accordance with the individual’s gender identity.
(2) Post-admission accommodations. A recipient, subrecipient, owner, operator, manager, or provider must take nondiscriminatory steps that may be necessary and appropriate to address privacy concerns raised by residents or occupants and, as needed, update its admissions, occupancy, and operating policies and procedures in accordance with paragraph (b) of this section. (d) Documentation and record retention. Providers shall document and maintain records of compliance with the requirements in paragraph (b) of this section for a period of 5 years.

HMIS Data Collection
REACH FOR HOME participates in a county-wide project called the Homeless Management Information System (HMIS), which collects information on people who are homeless or at risk of homelessness. HMIS is administered by the Sonoma County Community Development Commission (CDC). REACH FOR HOME enters the information into a secure computerized database for storage and analysis. All persons having access to HMIS information have agreed to keep the information strictly confidential. (See HMIS Privacy Policy in Appendix.) Privacy Policy
REACH FOR HOME'S staff works very hard to maintain the privacy of the clients in our programs. Clients' personal information is shared among staff members only for the purposes of referrals, professional consultation, and staff supervision. Only appropriate information will be shared. We do not confirm or deny the identity of the participants in our program to outside parties, with the exception of law enforcement, probation and parole officers. In all other instances, a written consent must be signed by the client prior to sharing of personal information.

Record Keeping
HMIS data is collected at intake and throughout the program in accordance with Sonoma County Community Development Commission (CDC) requirements. Case managers maintain confidential case notes from all case management meetings and/or phone calls. Client files are kept behind double locks at REACH FOR HOME’S Office at 443 Hudson Street for a period of seven years. Client may request to review his/her file at any time. The request will be reviewed by senior REACH FOR HOME management and a response will be given within fourteen days.

8.A.e
Packet Pg. 319 Attachment: Attachment D (3473 : Project Homekey) Appendices

8.A.e
Packet Pg. 320 Attachment: Attachment D (3473 : Project Homekey)

RESOLUTION PROCESS
It is a program participant’s right, as well as a REACH FOR HOME policy, to be informed of and to utilize a formal resolution process to resolve any disputes or difficulties that may arise between REACH FOR HOME residents and staff. The following is a description of the resolution process:

1. The first step is to fill out the Resolution Process form (provided during intake meeting.) The form asks you to describe the problem you are having and with whom. It is very important that you include as many details as possible.

2. The second step is to have an in-person meeting with the staff person with whom you are having a problem in order to express your feelings and explain your grievance. Ask the staff person to consider your side of the issue and to try to resolve the grievance at this meeting.

3. If the discussion with the staff person has not resolved the problem, let the staff person know that you are requesting a meeting with their supervisor to help resolve the dispute.

4. The staff member will set up the appointment with their supervisor for you. Be sure to bring your completed Resolution Process Form with you to the meeting with the staff person’s supervisor.

5. If the discussion with the staff person’s supervisor has not resolved the problem, let the supervisor know that you are requesting a meeting with the Director of Programs. Please be aware that the Director of Programs may have other staff involved in the meeting.

6. If the discussion with the Director of Programs does not resolve the dispute, inform that you will be writing a letter of grievance to the Chief Executive Officer of REACH FOR HOME and requesting a meeting to resolve the dispute. (Also include copy of completed form.) Mail letter of grievance and completed Resolution Process form to: REACH FOR HOME Chief Executive Officer, 443 Hudson St., Healdsburg, CA 95448.

Note: The Board of Directors of REACH FOR HOME will not be involved in the resolution process unless the grievance directly involves the Chief Executive Officer of REACH FOR HOME, or unless the Chief Executive Officer recommends that they hear a particular grievance, and it is necessary that they decide the issue.

I HAVE READ AND UNDERSTOOD THE ABOVE RESOLUTION PROCESS.

Signature: _______________________________________________________ Date: _________

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Packet Pg. 321 Attachment: Attachment D (3473 : Project Homekey)

RESOLUTION PROCESS FORM
Your Name: ______________________________________________Date: _________________ Staff person with whom you have the grievance: ______________________________________ Date/Time/Place of Occurrence: ___________________________________________________ Please tell us why you have a grievance with the staff person named above and include as many details of the incident or problem as you can. (Attach additional pages as needed.) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Signature: _______________________________________________________ Date: _________

8.A.e
Packet Pg. 322 Attachment: Attachment D (3473 : Project Homekey)

STAFF FOLLOW- UP

TO RESOLUTION PROCESS

Name of Staff Member: ________________________________________Date:______________ Client’s Name: _____________________________________Date of Incident: _______________ Describe outcome of meeting with the participant. (Attach additional pages as needed.) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Has grievance has been resolved? [ ] Yes [ ] No
If no, set up meeting with:___________________________________________________ Date and Time of Next Meeting: ______________________________________________ Signature: _______________________________________________________ Date: _________ *Use blank copies this form to record the outcome of each successive meeting.

8.A.e
Packet Pg. 323 Attachment: Attachment D (3473 : Project Homekey) Supportive Service Service Description Service Provider(s) Service Location Individual Service
Plan Development
Case Managers will develop an
individualized service plan for
each participanting tenant.

Reach for Home On-Site
Ongoing Case
Management
Case Managers will provide Case
Management
Reach for Home On-Site
Computer Training
Case Managers will provide
computer training as needed Reach for Home On-Site
Employement
Services
Case Managers will provide
assistance to tenants to help
secure employment
Reach for Home in
partnership with
JobLinks
On-Site & Off-Site when
necessary
Peer-to-Peer Support
Case Managers can refer tenants
to peer-to-peer support network. Reach for Home On-Site Gardening Program
Reach for Home will offer a
gardening program where
residents can plant and maintain
vegetables and fruits.

Reach for Home in
Partnership with Farm
to Pantry
On-Site
Housing Stability
Support
Housing Navigator will work with
Case Managers to ensure
stability at L & M Village as well
as stability when transferring to
permanent housing.

Reach for Home On-Site and Off-Site
Community Activities
Case Managers will coordinate
activities for the residents in the
community
Reach for Home in
partnership with
outside resources when
On-Site
Health and Wellness
Community Mobile Health and
Wellness RV to provide health
education and services including
a Community Health Worker
Reach for Home On-Site
Mental Health
Contracted Mental Health
provider to offer weekly
appointments at L & M Village
Reach for Home On-Site and Off-Site if
necessary
Supportive Services Chart
Below are some of the services offered to residents at REACH FOR HOME'S L & M Village

8.A.e
Packet Pg. 324 Attachment: Attachment D (3473 : Project Homekey) Health Advocacy
Case Managers and Community
Health Worker will assist
residents when needed by
providing transportation and
attending medical appointments
to advocate and assist with
adherence to treatment plans
Reach for Home Off-Site
Facilities Mentoring
Program
Education around Facilities
Maintence, landscaping and
janitorial work will be offered to
participants
Reach for Home On-Site and Off-Site if
necessary
Drug and Alcohol
Rehab Treatment
Program
Mental Health Rehab Specialist
will work with participants to
reduce drug and alcohol
dependency
Reach for Home in
partnership with
additional local
programs as needed
On-Site and Off-Site if
necessary

8.A.e
Packet Pg. 325 Attachment: Attachment D (3473 : Project Homekey)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 18, 2022
SUBJECT: Appointment of Parks and Recreation Commissioners and Senior Citizen Advisory Commissioners
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Effective & Efficient Government
Provide Effective Governance
RECOMMENDED ACTION(S):

By motion:

1. Appoint three applicants to the Parks and Recreation Commission for three (3) year terms due to expire January 1, 2025.

2. Re-appoint Jane Farkas to the Senior Citizen Advisory Commission for an additional three-year term due to expire 12/31/2024 and appoint Donald Taylor for a term of three years due to expire 12/31/2024.

COMMUNITY ENGAGEMENT/OUTREACH:

A notice of vacancies for the Parks and Recreation and the Senior Citizen Advisory Commission was published in the Healdsburg Tribune for seven weeks. Information on the vacancies was also posted on the City website and the City social media platforms.

BACKGROUND:

At its November 15th meeting, the City Council formed a subcommittee comprised of Council Member Hagele and Mayor Jimenez to interview applicants interested in serving on the Parks and Recreation Commission.

The City Clerk received two applications for the two open positions on the Senior Citizen Advisory Commission. The applicants for the Senior Citizen Advisory Commission are listed below.

Jane Farkas
Donald Taylor

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Packet Pg. 326
The Council Subcommittee interviewed the following applicants interested in serving on the Parks and Recreation Commission over a period of two days; November 23, 2021, and January 14, 2022:

Skip Brand
Kristin Thwaites
Richard Halvorsen
Sydney Nicolas
Emily Machi
Brian Crabb
Chris Herrod
David Hunt
The applications are available for review in the City Clerk’s office.

DISCUSSION/ANALYSIS:

The Subcommittee will report at the meeting on the interviews and make a recommendation to the entire Council on the recommended appointees.

Staff recommends Council reappoint Jane Farkas and appoint Donald Taylor to the Senior Citizen Advisory Commission.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The Council could opt to not take the Subcommittee’s recommendation. In that case Council could appoint other applicants to the vacancies or direct staff to restart the recruitment process for all the vacancies.

FISCAL IMPACT:

There is no fiscal impact related to the proposed action.

ENVIRONMENTAL ANALYSIS:

ATTACHMENT(S):

Senior Citizen Advisory Commission Applications

8.B
Packet Pg. 327

8.B.a
Packet Pg. 328
Attachment: Senior Citizen Advisory Commission Applications (3472 : Parks and Recreation Commission and Senior Citizen Advisory

8.B.a
Packet Pg. 329 Attachment: Senior Citizen Advisory Commission Applications (3472 : Parks and Recreation Commission and Senior Citizen Advisory

8.B.a
Packet Pg. 330 Attachment: Senior Citizen Advisory Commission Applications (3472 : Parks and Recreation Commission and Senior Citizen Advisory

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 18, 2022
SUBJECT: Chamber of Commerce Professional Services Agreement PREPARED BY: Stephen Sotomayor, Housing Administrator
STRATEGIC INITIATIVE(S):

Provide Effective Governance
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):

Adopt a Resolution approving a Professional Services Agreement with the Healdsburg Chamber of Commerce and authorizing the City Manager to execute the agreement.

COMMUNITY ENGAGEMENT/OUTREACH:

This report is brought forward to the City Council in order to provide transparency to the community regarding the previous services completed by the Healdsburg Chamber of Commerce and for public comment on the approval of a new Professional Services Agreement (“PSA”) and revised scope of work.

BACKGROUND:

For several years the City, through its Redevelopment Agency, contracted with the Chamber to provide economic development services. With the dissolution of the Redevelopment Agency, the Council, on August 19, 2013, approved the initial use of Measure V funds for economic development purposes. Beginning in 2014, the Council has funded the economic development services provided by the Chamber annually with Measure V funding.

On March 18, 2019, the City Council adopted a resolution approving an amendment to the fiscal year 2019-20 budget to use $100,000 of Measure V funding for a PSA with the Chamber for a period of 6-months.

On November 18, 2019, The City Council approved a six-month extension to the Chamber of Commerce PSA and authorized the City Manager to execute a $50,000 Public Relations Campaign agreement with the Chamber of Commerce in response to the Kincade fires, and increased appropriations in FY 2019-2020 in the Measure V fund to contract for such services.

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Packet Pg. 331
On October 21, 2020, the City Council approved a new PSA with the Chamber of Commerce for $100,000. This PSA expired on June 30, 2021. However, as a part of the City’s FY 2021-2022 budget, $100,000 in Measure T (Measure V became Measure T as of November 2020) funding was appropriated specifically for the Chamber of Commerce Agreement.

Staff has been working with the Chamber to refine the previous scope of work approved as part of the PSA that expired on June 30th of this year to better reflect the current needs of the City. A new PSA is needed for the Chamber to access appropriated funding.

DISCUSSION/ANALYSIS:

The Chamber has performed the services in accordance with the scope of work outlined in the September 2021 PSA and City Council approval is required to enter a new PSA which is proposed to run through June 30, 2022.

As a part of the new Scope of Services, the Chamber and City staff have identified several deliverables. Some of these include:

Business Outreach:
• Bi-annual report to the Healdsburg City Council on events held, attendance, and outcomes, including recommendations for future events.
• Submittal of the master event calendar to the City.
• Develop and host a CEO roundtable event.

Business Attraction, Retention, and Expansion:
• Quarterly written reports provided to the City Council on the number of businesses assisted and what type of assistance was provided by the Chamber of Commerce. • Business workshops and topics added to the master event calendar. • Maintain a vacant commercial property listing made available to the City.

Workforce Development:
• Quarterly report to the City Council on the implementation of workforce development programs.
• Maintain a resources page on the Chamber of Commerce website.

Research, Surveys and Feasibility:
• Complete a survey of businesses and the community regarding the need for additional bike parking, proposed locations, and cost estimates.
• Complete an outreach survey to the business community and compile feedback for City review on food truck policies with recommendations.

Visitor Services:
• Provide updates on visitor services activities in a bi-annual report to the City Council.

Downtown Engagement:
• Maintain an audit of wayfinding signs on an annual basis to ensure they are accurate and coordinate with City staff to have outdated signs replaced or updated.

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Packet Pg. 332
Crisis Management:
• Develop an emergency response plan for the Chamber of Commerce in conjunction with the City to provide informational services and resources in the event of a crisis.

Staff recommends that the City Council adopt a resolution approving the agreement and authorizing the City Manager to execute a $100,000 Professional Services Agreement with the Healdsburg Chamber of Commerce. Given that the agreement is associated with the 2021-22 fiscal year, staff is also requesting that an advance payment of two quarters be authorized as the initial payment to the Chamber of Commerce, followed by two quarterly billings of $25,000.

ENVIRONMENTAL STEWARDSHIP:

This item does not have a direct correlation to environmental stewardship.

ALTERNATIVES:

The Council may choose to:

1. Not approve a PSA with the Chamber of Commerce and provide staff with additional direction.

2. Direct staff to revise the proposed scope of work or other terms of the agreement.

FISCAL IMPACT:

The City Council previously appropriated $100,000 of Transaction and Use Tax Fund (Measure T) for the “Chamber of Commerce Agreement” in the FY 2021-22 adopted budget. No additional funding is required.

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Packet Pg. 333
ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15302(c) of the California Environmental Quality Act (“CEQA”) guidelines, approval of this resolution is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Resolution
Proposed Scope of Services 2021

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Packet Pg. 334

CITY OF HEALDSBURG
RESOLUTION NO. _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH THE HEALDSBURG CHAMBER OF

COMMERCE AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the City of Healdsburg has determined that it requires professional services to conduct various economic development services; and
WHEREAS, the Healdsburg Chamber of Commerce (Chamber) has historically provided said professional services and represents that it is duly qualified and experienced to provide said professional services and it is willing to accept responsibility for performing such services; and WHEREAS, the Chamber and City have developed a scope of work for such services that both parties have agreed to and can accomplish; and
WHEREAS, with the dissolution of redevelopment the City Council has determined Measure V funds shall be allocated to fund economic development services; and WHEREAS, after the November 3, 2020 General Election, Measure V is now referred to as Measure T; and
WHEREAS, the City Council included $100,000 of Measure T to enter into a Professional Services Agreement with the Chamber to provide economic development services in the FY 2021- 2022 budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby approves a Professional Services Agreement with the Healdsburg Chamber of Commerce in the amount of $100,000, authorizes the City Manager to execute the agreement, and authorizes an initial payment of $50,000 followed by quarterly billings of $25,000.

PASSED, APPROVED AND ADOPTED, this 3rd day of January 2022, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ____________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

9.A.a
Packet Pg. 335 Attachment: Resolution (3468 : PSA Chamber of Commerce) Page | 1
Healdsburg
Chamber
of
Commerce
Proposed Scope of Services
for the City of Healdsburg
2022

9.A.b
Packet Pg. 336 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce) 2 Healdsburg Chamber of Commerce
Proposed Scope of Services for the City of Healdsburg
2022
The Healdsburg Chamber of Commerce will provide a range of City-wide, multisector economic development and business assistance services designed to support, address, and evolve the needs of businesses across all sectors and sizes.

GOAL: The Chamber will promote community awareness of economic development and market conditions within the City of Healdsburg. This shall include awareness of City projects and the general business climate locally and in the region.

FOCUS AREAS:
• The Chamber will continue to host monthly economic development meetings through the Good Morning Healdsburg platform to discuss specific topics. Topics will be chosen monthly based on key issues impacting the community. These meetings provide a forum to discuss particular ongoing issues, developments and relevant strategy. A 12-month calendar will be provided as a guideline to prepare attendees for discussion each month. The meeting will be announced through email blasts, on social media platforms and in the “dates ahead” meeting calendar and the Chamber will continue to expand and maintain attendance, including encouraging representation from the City, Chamber of Commerce, Healdsburg Hospital, banks, realtors, developers, small business owners and other interested community members. • The Chamber in coordination with City Staff will create a Good Morning Healdsburg content calendar that will be developed within 30 days of the execution of the Professional Services Agreement.
• Continue to represent Healdsburg at regional economic development meetings, as well as weekly 4
th District meeting hosted by Supervisor James Gore.
• Continue coordinating and conducting quarterly Council to Business outreach walks.

Participants include the Chamber’s CEO, a Chamber board member, and one or two Council members. Visits are intended to gather information on local businesses and provide an opportunity to hear directly from them about how they are doing and what tools they need to maintain a successful business in Healdsburg.
1 - Business Outreach

9.A.b
Packet Pg. 337 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce) 3 • Continue to build and maintain relationships with both CA and US Chamber of Commerce organizations and represent Healdsburg in forums as applicable. • Develop and implement an annual CEO Roundtable with the Mayor and City Manager. • Develop and host an annual State of the City & Mayor’s Forum, including coordinating the planning, logistics, sponsorship, and program for the event.

Deliverables:

1. Bi-Annual report to the Healdsburg City Council on events held, attendance, and outcomes, including recommendations for future events (June & December).

2. Submittal of the Master Event Calendar to the City by March 1st.

3. Develop and host the first annual CEO roundtable (2nd Quarter).

4. Develop and host the first State of the City in conjunction with the Mayor of Healdsburg and City Staff (2nd Quarter).

GOAL: The Chamber will work to attract, retain, and facilitate processes for businesses wishing to expand and/or locate in Healdsburg.

FOCUS AREAS:
• Work with existing businesses to assist them with expanding or relocating within the City, including facilitating introductions to lenders, brokers and identification of funding sources. • Maintain a JOBS listings resource for existing, new and expanding businesses. Provide monthly distribution in newsletter or via website.
• Offer business-based workshops focused on developing and expanding business skills and cover a wide variety of topics relevant to businesses.
• Maintain a vacant commercial property inventory (to the best of our ability, working in conjunction with a local commercial real estate broker). • Help business owners with business plan development. We would ONLY assist a business who plans to open within the City of Healdsburg.
• Promote the Sonoma County Economic Development Board’s workshops covering such topics as How to Write a Business Plan, Green Business Certification, SBA Loan Programs, Food Handling and Permitting, and Safe Hospitality Alcoholic Beverage Training. SCEDB will also provide workshops for small businesses which make up 85% of the local business’ community. This will be conducted through Business RX and the SBDC to provide solutions to businesses struggling to compete in today’s economy. • Provide mentoring and support to determine business needs including providing help with 2 - Business Attraction, Retention & Expansion

9.A.b
Packet Pg. 338 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce) 4 business plan development, making introductions to lenders and low interest loan programs through the Federal Government, State of California and local investors and facilitating meetings with the EDB Latino Business Counselor and SCORE counselors. • Conduct business to business tours to introduce businesses to the community and encourage networking and ongoing communication.
• Special Projects – partner with the City to host forums, events, and meetings on specific topics of concern and interest to the business community (workforce housing, policy initiatives/changes, etc).

Deliverables

1. Quarterly written reports provided to the City Council on the number of businesses assisted and what type of assistance was provided by the Chamber of Commerce (Quarterly).

2. Business workshops and topics provided in the Master Event Calendar within 30 days of contract execution (pending Council approval).

3. Maintain a vacant commercial property listing made available to the City (Quarterly).

GOAL: The Chamber will leverage existing community programs and other non-profit resources and/or public agencies (such as the Sonoma County Economic Development Board, Sonoma County Workforce Investment Board, Corazon Healdsburg, etc.) to address the local labor challenges.

FOCUS AREAS:
• Develop workforce development resources page on the Chamber of Commerce website to facilitate access to job training and professional development opportunities through multiple community and county wide organizations.
• Work with the North Bay Business Council on local workforce housing initiatives and legislation pending though the State of California.
• Support the City’s communication with businesses and the community regarding job fairs, workforce development programs and other City programs related to workforce development.
• Continue to work with Healdsburg High School in supporting growth opportunities for local students by promoting their internship program, and hosting interns.

Deliverables:

1. Quarterly report to the City Council on the implementation of these programs (Quarterly). 3 - Workforce Development

9.A.b
Packet Pg. 339 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce) 5 2. Maintain a resources page on the Chamber of Commerce website (ongoing).

GOAL: The Chamber will support City project initiatives by identifying available resources and drafting policy recommendations (when appropriate) based on data obtained through member and community surveys, as well as third-party research and data.

FOCUS AREAS:
• Bike Parking – assist in surveying businesses and the community regarding the need for additional bike parking, proposed locations for said parking, as well as potential impact and cost.
• Food Truck Policy – research requirements, policies, impact and costs, and pros/cons of implemented programs in comparable and equivalent communities. • Economic Survey – coordinate a third-party assessment every 3 years that includes key metrics to gauge local and regional economic trends, measures growth in a variety of industries and sectors, and studies the impact on tax generated revenue on Healdsburg’s community resources, infrastructure and workforce development efforts.

Deliverables:

1. Complete a survey of businesses and the community regarding the need for additional bike parking, proposed locations, and cost estimates (3rd Quarter).

2. Complete and outreach survey to the business community and compile feedback for City review on Food Truck policies with recommendations (3rd Quarter).

GOAL: The Chamber will oversee the operation of the Healdsburg Visitors’ Center as the initial point of contact for visitors to the community. This entity shall guide visitors to Healdsburg’s hotels, restaurants, retail stores and attractions.

FOCUS AREAS:
• Respond to information requests received via telephone, email and written correspondence for 4 - Research, Surveys & Feasibility
5 - Visitor Services

9.A.b
Packet Pg. 340 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce) 6 information pertaining to Healdsburg including local businesses and area amenities. • Staff the Visitor Center with volunteers, as available. • Track visitors and provide visitors with information such as maps, guides, way-finding materials and other visitor-serving informational materials through the Visitor Center or electronic and social media platforms such as the healdsburg.com website. • Maintain the community calendar for local events and attractions with information provided by the City, Chamber members and/or hosting organizations. • Maintain the www.healdsburg.com website with weekly updates, highlighting Healdsburg’s lodging, retail, dining, wineries and arts experiences on the website and tracking unique visits and page visits through Google analytics.
• Maintain Social media platforms with information relevant to visitors, promote members first and highlight activities throughout the region.

Deliverables:

1. Provide updates on Visitor Services in the bi-annual report to the City Council (June & December).

GOAL: The Chamber will work in partnership with the City to assist and support in planning, branding, promoting and/or implementing Chamber member focused community events. Specifics on the level of support that the Chamber will provide will be determined on a project specific basis.

FOCUS AREAS:
• Holiday Events – act as a liaison with businesses and the City on the planning, promotion and logistics related to holiday centered events such as Halloween, Winter festivities, etc. • Downtown Business Retail – partner with the City and outside resources to create events that bolster small business and retail traffic to and near the Plaza (ie, Sip & Shop) • Wayfinding Signs – act as liaison for businesses by auditing wayfinding signage on an annual basis for any closures/changes and overall signage condition and facilitating updates, repairs, and installations with the City.
• Communications – support the City and other public entities by providing alerts and notices that affect downtown businesses such as information related to public works, planned closures and public safety concerns.

Deliverables

1. Maintain an audit of wayfinding signs on an annual basis to ensure they are accurate and coordinate with City staff to have outdated signs replaced or updated (June). 6 - Downtown Engagement

9.A.b
Packet Pg. 341 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce) 7 GOAL: In times of crisis the Chamber will partner with the City, to provide timely information and resources to Healdsburg businesses. This shall include an awareness of resources and contacts in neighboring communities in Sonoma County and the Bay Area.

FOCUS AREAS:
• Proactively establish strong relationships with neighboring Chambers and membership bases in order to have readily mobilized resources accessible in times of crisis (transit, hotel, shelter options, for example).
• In the event of a disaster/emergency, facilitate Task Force to bring key Chamber and City stakeholders to the table, to establish a clear and multifaceted flow of information. • Create a Crisis Communications page on the Chamber website. • Implement communication plan across a variety of methods and platforms (email, social media, phone, etc) to disseminate timely and updated information to our business database regarding developing threats to the area, evacuation routes, shelter information, re-population timelines, power outages, and any additional pertinent information. • Share viable and reputable information provided by the City, first responders and/or local organizations regarding community resources available to the public in times of crisis. • Host webinars, meetings and forums focused on disaster/crisis related topics affecting the business community (disaster preparedness, pandemic effects on HR practices, etc). • Assist the City with designing and distributing crisis related informational campaign materials (drought posters, for example).

Deliverables:

1. Develop an Emergency response plan for the Chamber of Commerce in conjunction with the City to provide informational services and resources in the event of a crisis (TBD upon approval and coordination with City schedules).

Please consider the following support for the services as listed above:
2022 $150,000
2023 $175,000
2024 $180,000
Thank you for your consideration of this proposed Scope of Services 7 - Crisis Management

9.A.b
Packet Pg. 342 Attachment: Proposed Scope of Services 2021 (3468 : PSA Chamber of Commerce)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 18, 2022
SUBJECT: Written Communication from Community Development Director Scott Duiven regarding Planning Commission actions taken on January 11, 2022.

PREPARED BY: Shawn Sumpter, Administrative Specialist
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

No action required.

COMMUNITY ENGAGEMENT/OUTREACH:

Public hearing notices were sent to all property owners within 300’ of the subject properties.

The Agenda was posted on the public notice board at City Hall and the packet was posted on the website. Notice of the packet availability was provided to website subscribers in the form of emails and/or text messages.

The meeting recording is available on our website.

BACKGROUND:

Since the formation of the Planning Commission, a report on actions taken at the immediately prior Commission meeting has been provided to the City Council as a way of keeping the Council informed of the matters/issues before the Commission.

This report is not required by the Healdsburg Municipal Code, City Council resolution or state law and requires no action from the City Council.

DISCUSSION/ANALYSIS:

Attached, for your information and receipt, is the report on the actions taken by the Planning Commission at its January 11, 2022 meeting.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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Packet Pg. 343
ALTERNATIVES:

None
FISCAL IMPACT:

There is no fiscal impact as a direct result from the proposed action.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15302(c) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

PC Summary 20220111

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Packet Pg. 344

REPORT TO COUNCIL

1. ROLL CALL
Commissioners present: Breznikar, Brunner, Hunt, Luks, McKay, Petrik Commissioners absent: Eddinger
City Staff present: Community Development Director Scott Duiven, Senior Planner Joel Galbraith, Administrative Specialist Shawn Sumpter

2. ADMINISTRATIVE ACTIONS
A. The Commission voted 5-0-1 (Eddinger absent) to approve the January 11, 2022, agenda.

B. The Commission voted 5-0-1 (Eddinger absent) to approve the December 14, 2021 minutes.

C. Acceptance of Communications and Correspondence: Correspondence was acknowledged regarding item 4A, having been forwarded to the Commission, from the following:
 Jim Heid
 William Korth
 Jonathan Pearlman
 William Seppi
 Michael Hildbold
 Clayton Muhleman
 Christina Stafford
 Stephanie Callimanis
Turk
 Dan Pizza
 Patrick Streb
 Richard Butler
 Adrianne Butler
 Teri Fuhrer
 Jeff Komar
D. Declarations of Conflicts of Interest: None.

E. Disclosures of Ex Parte Communications: None.

3. PUBLIC COMMENTS: None (Note: Technical issues prevented the public from attending the meeting.)

4. PUBLIC HEARINGS
A. On a motion by Commissioner Brunner, seconded by Commissioner Hunt, the Commission voted 5-0-1 (Eddinger absent) to continue DR 2017-17 and HT 2021-02, Design Review and Heritage Tree permit for 3 Healdsburg Avenue to a date uncertain. The continuance was requested by the applicant to allow for time to hold a neighborhood meeting, make modifications to their plans, and hold a Planning Commission workshop prior to returning for a public hearing.

5. COMMISSIONER AND SUBCOMMITTEE REPORTS: None

6. DIRECTOR’S REPORT:
 acknowledgement of technical issues with tonight’s meeting,  status of Planning Commissioner appointment,
 status of the Housing Element Update process,
 workshop regarding 400 Healdsburg Avenue on 1/25.

The meeting adjourned at approximately 6:20 PM.

11.A.a
Packet Pg. 345 Attachment: PC Summary 20220111 (3475 : PC Summary 1-11-2022)

Healdsburg City CouncilJanuary 18, 2022

Healdsburg City Council
January 18, 2022