Healdsburg City Council
October 3, 2022

EXHIBIT D TO WEBEOC SUBSCRIPTION AGREEMENT

HOSTED SERVICES

1. Definitions. For the purposes of this Exhibit, the following words have the meaning set forth below:
a. “Hosted Services” means the installation and management of specified software applications in the Juvare Cloud shared environment on behalf of a ESi customer and exclusively for the benefit of permitted users of the Software.
b. “Hosted System” means the combination of hardware, software and networking components used by the application service provider to deliver the Hosted Services. c. “Juvare Cloud” means the shared hardware environment for the purpose of hosting and maintaining software and data on behalf of ESi’s customers; may also be referred to as the application service provider or the “ASP.”
All other capitalized terms in this Exhibit D shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit.

2. Scope of Services. ESi shall provide the following services to address the Software hosting needs:
a. ESi shall provide Hosted Services to Client according to the provisions set forth in the Agreement and this Exhibit. ESi shall notify Client promptly upon creation of Hosted Services account and provide Client with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. b. ESi shall provide and maintain the facilities, hardware, and networking components as it sees fit to provide access to the Juvare Cloud for the benefit of Client.
c. ESi shall perform, at its convenience and after notice to Client, scheduled updates of the Juvare Cloud as ESi or its hosting subcontractor sees fit. Such updates shall be scheduled to enable the simultaneous update to all of ESi-hosted customers.
d. ESi or its hosting subcontractors shall be entitled to perform, as needed, emergency security updates to the Hosted System to protect the Juvare Cloud or the subcontractor’s hosted environment from newly identified and widespread threats to the internet or internet-based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Client. e. ESi shall provide and maintain a redundant shared environment of the Juvare Cloud at a location that is geographically separated from its primary ASP Environment to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at the primary location of the Juvare Cloud. Failover to the redundant shared environment of the Juvare Cloud is a manual process and service will be activated by ESi immediately upon notification of malfunction, unavailability or failure of primary shared environment of the Juvare Cloud. f. ESi will notify (via ESi’s Support Center) the Client of any planned service outages, i.e., for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement.
g. ESi shall schedule, perform and maintain a duplicate (“backup”) record of Client’s data within the Juvare Cloud. ESi shall perform hourly SQL transaction log backups and daily full backups. Data backups are limited to SQL database server files (i.e., those files having a .mdf or .ldf file extension). Data backups shall be retained on-site for four weeks.
h. In addition to the Support Services pursuant to the Agreement and Exhibit B, ESi shall provide Client with Support Services for the Hosted Services which include assistance with problems related to the Juvare Cloud, data access, Hosted System access, or similar problems. Such Support Services for the Hosted Services may be accessible to Client via the same contact information provided to Client for Support Services; provided, however, services to be provided by ESi under this Exhibit and the Agreement do not include assistance with third party products; training; installation of plug-ins, boards or modules; API support; or board building; or repair or correction of errors, defects or other operational or performance defects caused by Software configuration, modification, enhancement or programming provided by any party other than ESi or an ESi-certified technician. Any professional services described in this Section 2(h), or services required to repair or correct the errors and defects described in this Section 2(h), shall be provided on a fee-for-services basis at rates consistent with the ESi published price list in effect at the time services are rendered.
i. Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable.

3. Client Obligations
a. The Client shall maintain, at Client’s expense, a secure high-speed internet connection through which to access its hosted Software.
b. The Client shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Client shall provide ESi with the name, job title, physical address, telephone number, facsimile

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Attachment: City of Healdsburg CA WebEOC EUSA DRAFT 9.9.22r1 (3769 : Agreement for WebEOC) Confidential and Proprietary
City of Healdsburg CA WebEOC EUSA DRAFT 9.9.22r1 (1).docx WebEOC EUSA DRAFT

number and electronic mail address for each of the contact persons. Client shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. c. The Client shall use reasonable security precautions in connection with the use of Services provided under this Agreement.
d. The Client is responsible for any and all use and access to the Hosted System and Hosted Services by its employees, agents, contractors and permitted users of the Software and Hosted Services. e. The Client shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non-emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages.
f. The Client shall promptly notify ESi Support Center of any identified Hosted Services outage that impairs Client’s access to the Software so that ESi may manually activate the redundant shared environment of the Juvare Cloud and immediately commence work to restore service to the primary shared environment of the Juvare Cloud.
b. The Client shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the Juvare Cloud for other customers.

4. Limitations on Use of Hosted Services.
a. Client’s usage of the Hosted Services in the Juvare Cloud is subject to capacity and performance constraints. Monthly active users do not equal maximum concurrent users. Concurrent user capacity will be variable based on Juvare Cloud load.
b. Access to the Hosted System may not be rented, leased, sold, sub-leased, assigned or otherwise transferred for value or for no value by Client to any third party. c. Hosted System and Hosted Services are provided to support the Software which is an information management tool. Hosted Services are not guaranteed to be fault-tolerant or to provide fail-safe performance. Hosted Services are not appropriate for use in ultra-hazardous environments where failure of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction of property. d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the Subscription to Client by ESi and Software supplied by ESi either as a component of the Hosted System or to support delivery of Hosted Services.
e. ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Client to perform its obligations under this Agreement. f. The warranties set forth in the Agreement shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Client or its authorized users.
/End of Exhibit D

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Attachment: City of Healdsburg CA WebEOC EUSA DRAFT 9.9.22r1 (3769 : Agreement for WebEOC) 9/9/2022
Via Email
Kelsey Carreiro
City of Healdsburg, CA
238 Center Street
Healdsburg, CA 95448
RE: Response to Sole Source Inquiry; WebEOC® Software Suite – City of Healdsburg, CA.

Dear Ms. Carreiro,
ESi Acquisition, Inc., a Juvare Company (“ESi”), is the sole developer and licensor of the ESi WebEOC® branded Software. Since its initial development and release in 1999, ESi has maintained control over the source code, the trademark and all other proprietary rights embodied in the ESi WebEOC Software and its companion products.

As the only entity with access to the ESi WebEOC Software source code, ESi is the only entity which may accurately diagnose software errors and defects, issue corrections and fully integrated enhancements, and warrant performance of the ESi WebEOC Software. ESi also provides a wide range of professional services. These services are specialized in nature and focused on configuration and technical support for the proprietary software technology.

These services frequently require access to ESi proprietary information and are not available through or resold by any third parties. The WebEOC Software Core Subscription services and supporting Emergency Management and Municipal Operations Modules also are available exclusively from ESi.

Sole source acquisition of the ESi WebEOC Software products and services may be justified under Subpart 6.3 of the Federal Acquisition Regulations (“FAR”). In the case of software products and software maintenance, the FAR allow sole source acquisition of unique items which are available from one or a limited number of sources or for proprietary items where only limited data rights are provided under license. The ESi WebEOC Software meets these requirements. State and local government organizations are encouraged to ask their procurement officer if local laws include similar sole source provisions, or if the federal justifications may be used to support sole source procurement.

On behalf of ESi, we look forward to the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to contact me at the phone number listed below.

Sincerely,
ESi Acquisition, Inc., a Juvare company

Robert Watson
President and CEO

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Attachment: WebEOC Sole Source Letter - Healdsburg, CA 9.9.22 (3769 : Agreement for WebEOC)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 3, 2022
SUBJECT: Acceptance of Public Improvements for the Quaker Hill Project Associates Comstock Railroad Grade Crossing Improvements at the Comstock North Village Project
PREPARED BY: Curt Bates, Principal Engineer
STRATEGIC INITIATIVE(S):

Maintain and Improve Infrastructure and Facilities
RECOMMENDED ACTION(S):

Adopt a Resolution accepting public improvements for the Quaker Hill Project Associates railroad grade crossing improvements at the Comstock North Village Project; accepting a one year maintenance security as described within the project agreement; releasing the faithful performance security as described within the project agreement; authorizing the City Clerk to release the labor and materials security six months from the date of acceptance; authorizing the City Manager to accept a grant of public right of way, subject to improvement, associated with the railroad grade crossing and other public improvements for ingress, egress, access and utility purposes identified as Exhibit B and Exhibit C in the project agreement dated February 23, 2010; and authorizing the City Manager to accept the assignment of easement for public use over railroad property from CCS Healdsburg, LLC to the City of Healdsburg.

COMMUNITY ENGAGEMENT/OUTREACH:

The public grade crossing improvements associated with the Comstock North Village and ENSO development projects were publicly noticed in accordance with City requirements. Public hearings were previously held with both the City’s Planning Commission and City Council, both of which afforded the opportunity for public input on the project.

BACKGROUND:

On February 23, 2010, Quaker Hill Project Associates entered into a project agreement with the City of Healdsburg to construct public improvements at the railroad grade crossing located at 16977 Healdsburg Avenue, milepost 70.85. The railroad grade crossing is identified as California Public Utilities Commission (CPUC) Crossing No. 005-70.85 and United States Department of Transportation No. 968011N. The conversion of the private crossing to a public crossing was authorized by CPUC order 10-09-034 issued September 24, 2010. The purpose of

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the grade crossing improvements was to convert the prior private grade crossing to a public grade crossing meeting current standards and to allow for public access and utilities to serve the Comstock North Village and ENSO development projects.

DISCUSSION/ANALYSIS:

The developer has completed all improvements in accordance with the approved public improvement plans prepared by Carlie Macy Engineering, the railroad grade crossing plans prepared by HDR Engineering, and project agreement for the railroad grade crossing improvements. The developer has provided a maintenance security in the amount of ten percent (10%) of the value of the public improvements, in accordance with the February 23, 2010 project agreement, to guarantee the improvements to be free of defects in materials and workmanship for a period of one year following acceptance. The maintenance security will be released by City staff upon re-inspection and repair of any defective items pursuant to the February 23, 2010, project agreement for public improvements. The developer has also provided a labor and materials security in the amount of one hundred percent (100%) of the value of the public improvements, in accordance with the project agreement. The labor and materials security will be released by City staff six months after project acceptance. City staff has verified the completion of the grade crossing improvements and is satisfied that the improvements are ready for acceptance. On September 10, 2021, City staff filed the necessary documentation with the California Public Utilities Commission verifying the public grade crossing improvements have been completed. Public Improvements for the North Village project outside of the railroad grade crossing area are still under construction, are not part of this acceptance action, and will be presented to the City Council for acceptance at a future date.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The project agreement obligates the City to accept the public improvements once they have been installed to the satisfaction of the City Engineer. Therefore staff has not identified any feasible alternatives to this action.

FISCAL IMPACT:

The Public Works Department is required to maintain the public electric, water, sewer, and storm drain systems, and public streets, all of which are constructed and paid for by the developer. The value of the public improvements was estimated in the project engineer’s estimate to be $567,755.00.

As described above, the developer has provided a maintenance security to guarantee the public improvements to be free of defects in materials and workmanship for a period of one year following the date of this acceptance.

There is no direct fiscal impact related to the proposed action.

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ENVIRONMENTAL ANALYSIS:

The City of Healdsburg prepared an initial study and mitigated negative declaration for the project on November 26, 2007, and issued a notice of determination on January 11, 2008, stating the project would not have a significant impact on the environment with the incorporation of project specific mitigation measures. Acceptance of the completed improvements would not result in new or more severe environmental effects than were previously disclosed, and therefore no further analysis id required to comply with CEQA.

ATTACHMENT(S):

Resolution
Right of Way Dedication Exhibits A & B
Assignment of Public Easement Over Railroad Crossing
Project Agreement

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CITY OF HEALDSBURG
RESOLUTION NO. – 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR THE

QUAKER HILL PROJECT ASSOCIATES RAILROAD GRADE

CROSSING IMPROVEMENTS AT THE COMSTOCK NORTH
VILLAGE PROJECT; ACCEPTING A ONE YEAR MAINTENANCE
SECURITY AS DESCRIBED WITHIN THE PROJECT AGREEMENT;

RELEASING THE FAITHFUL PERFORMANCE SECURITY AS
DESCRIBED WITHIN THE PROJECT AGREEMENT; AUTHORIZING

THE CITY CLERK TO RELEASE THE LABOR AND MATERIALS
SECURITY SIX MONTHS FROM THE DATE OF ACCEPTANCE AND;

AUTHORING THE CITY MANAGER TO ACCEPT A GRANT OF

PUBLIC RIGHT OF WAY, SUBJECT TO IMPROVEMENT,

ASSOCIATED WITH THE RAILROAD GRADE CROSSING AND

OTHER PUBLIC IMPROVEMENTS FOR INGRESS, EGRESS,

ACCESS AND UTILITY PURPOSES IDENTIFIED AS EXHIBIT B

AND EXHIBIT C IN THE PROJECT AGREEMENT DATED
FEBRUARY 23, 2010; AND AUTHORIZING THE CITY MANAGER

TO ACCEPT THE ASSIGNMENT OF EASEMENT FOR PUBLIC USE

OVER RAILROAD PROPERTY FROM CCS HEALDSBURG, LLC TO

THE CITY OF HEALDSBURG
WHEREAS, the City of Healdsburg submitted Application 10-03-023 to the California Public Utilities Commission (CPUC) on March 10, 2010 requesting the conversion of the existing private grade crossing to a public grade crossing; and
WHEREAS, the CPUC approved Application 10-03-023 on September 24, 2010, granting authority to convert the existing private grade crossing to a public grade crossing; and WHEREAS, the City of Healdsburg requested an extension of time to complete the grade crossing conversion, and the CPUC approved Resolution TED-251 granting an extension of time of three years, to October 23, 2015 to complete the grade crossing conversion; and WHEREAS, the City of Healdsburg requested a second extension of time to complete the grade crossing conversion, and the CPUC approved Resolution TED-258 granting an extension of time of three years, to October 23, 2018 to complete the grade crossing conversion; and WHEREAS, all project improvements were reviewed by staff from the North Coast Railroad Authority as well as the Sonoma Marin Area Rail Transit agency; and WHEREAS, on September 10, 2021, the City of Healdsburg submitted a Form G, report of completed changes at rail crossings to the CPUC, in accordance CPUC requirements; and

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Packet Pg. 103 Attachment: Resolution (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing) Resolution No.-2022

WHEREAS, on February 23, 2010, Quaker Hill Project Associates entered into a project agreement with the City of Healdsburg to construct the public improvements that are the subject of this Resolution and adopted a mitigated negative declaration that concluded the improvements would not have a significant impact on the environment with the incorporation of project specific mitigation measures; and
WHEREAS, in accordance with the February 23, 2010, project agreement, the developer has provided a maintenance security in the amount of ten percent (10%) of the value of the public improvements, to guarantee the improvements to be free of defects in materials and workmanship for a period of one year following acceptance; and
WHEREAS, the project developer has completed all public and railroad grade crossing improvements in accordance with the approved construction plans prepared Carlile Macy Engineering and HDR Engineering and City of Healdsburg staff has verified the improvements are ready for acceptance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby accepts the public improvements constructed for the railroad grade crossing conversion.

BE IT FURTHER RESOLVED that the City Council of the City of Healdsburg hereby authorizes the City Manager and City Clerk to perform the following actions as described within the project agreement:

1. Accept the one-year maintenance security and release said security twelve (12) months from the date of this acceptance and upon concurrence by the City Engineer that repair of any defective items subject to the February 23, 2010, project agreement has been completed; and

2. Release the faithful performance security; and

3. Release the labor and materials security six (6) months from the date of this acceptance; and

4. Authorize the City Manager to accept a grant of public right of way, subject to improvement, for ingress, egress, access and utilities, identified as Exhibit B and Exhibit C in the project agreement dated February 23, 2010, both of which are attached hereto and made a part hereof, and directs the City Clerk to file the grant of right of way dedication with the Sonoma County Recorder’s Office for recordation.

5. Authorize the City Manager to accept the assignment of easement for public use over the railroad property from CCS Healdsburg, LLC to the City of Healdsburg, and directs the City Clerk to file said assignment of easement with the Sonoma County Recorder’s Office for recordation.

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Packet Pg. 104 Attachment: Resolution (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing) Resolution No.-2022

BE IT FURTHER RESOLVED that the City Council of the City of Healdsburg hereby finds that acceptance of the improvements and the other administrative actions authorized by this Resolution would not create any of the circumstances requiring subsequent environmental review under CEQA Guidelines section 15162, and therefore no further action is required to comply with CEQA.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 3 rd
day of October 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. 105 Attachment: Resolution (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing) Exhibit "A"
Legal Description
Right of Way Dedication
All that certain real property situate in the County of Sonoma, State of California, being a portion of the lands of CCS Healdsburg described as Resultant Parcel 'C', Portion One in that certain Grant Deed recorded July 22, 2020 under Document Number 2020-060528, Sonoma County Records, being more paiiicularly described as follows:

COMMENCING at a 6" x 6" concrete monument marking the westerly right of way of Healdsburg Avenue from which a 6" x 6" concrete monument bears South 44°35'47" East, 60.00 feet as shown on Exhibit 'B-1' of said Grant Deed; being a point on the southeasterly line of said Resultant Parcel 'C', Portion One; thence along said southeasterly line South 45 °
26'04" West,
424.44 feet to the POINT OF BEGINNING; thence continuing along said southeasterly line South 45
°
26'04" West, 139.42 feet; thence leaving said southeasterly line North 01° 02'37" East,

51.75 feet; thence North 43°20'5 l" West, 17 .22 feet to the n01ihwesterly line of said Resultant Parcel 'C', Portion One; thence along said northwesterly line North 43°43'50" East, 76.10 feet; thence leaving said northwesterly line South 43°20'51" East, 28.50 feet; thence South 88 °
57'23"
East, 38.04 feet to the POINT OF BEGINNING.

Containing 0.12 acres, more or less.

See Exhibit "B" for graphic depiction.

This description prepared by Carlile • Macy
� I Date

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Packet Pg. 106 Attachment: Right of Way Dedication Exhibits A & B (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing) EXHIBIT "B"

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Attachment: Assignment of Public Easement Over Railroad Crossing (3775 : Resolution Accepting Public Improvements for Comstock Public

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Attachment: Assignment of Public Easement Over Railroad Crossing (3775 : Resolution Accepting Public Improvements for Comstock Public

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Attachment: Assignment of Public Easement Over Railroad Crossing (3775 : Resolution Accepting Public Improvements for Comstock Public

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

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Attachment: Project Agreement (3775 : Resolution Accepting Public Improvements for Comstock Public Grade Crossing)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 3, 2022
SUBJECT: Healdsburg Avenue Bridge Lighting Policy
PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):

Maintain and Improve Infrastructure and Facilities
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):

Adopt a policy to govern the decorative lighting of the Healdsburg Avenue Bridge.

COMMUNITY ENGAGEMENT/OUTREACH:

The City has received significant positive feedback on the bridge illuminations.

BACKGROUND:

In February 2022 staff in the Community Services Department developed and deployed a system to temporarily illuminate the Healdsburg Avenue Bridge in decorative colors as part of the City’s Temporary Art Installation Program. The goal of the project was to highlight the bridge’s superstructure truss system in similar lighting colors that were being installed in the downtown area to celebrate Valentine’s Day. The bridge illumination project consisted of 24 color programmable LED light fixtures purchased on Amazon at a cost of approximately $800, extension cords, and zip ties. The LED fixtures are powered by standard 20-amp outlets that are part of the bridge’s design and construction.

On February 24, 2022 the Russian Federation invaded Ukraine. Shortly after the invasion began City leaders were looking for a way to recognize and show support for the people of Ukraine.

Community Services staff proposed to the City Manager that the illumination of the bridge, which had been turned off after Valentine’s Day but was still installed, be reprogrammed in the Ukrainian colors of yellow and blue. Staff tested the lighting system and upon finding it could be successfully illuminated in yellow and blue, City Council directed that the bridge be illuminated in the colors of Ukraine.

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At the direction of City Council, staff illuminated the bridge again in rainbow colors during the month of June in recognition of Pride month, and in red, white and blue over the 4th of July holiday in recognition of America’s independence.

DISCUSSION/ANALYSIS:

The purpose of this agenda item is to establish a clear policy for when the Healdsburg Avenue Bridge is illuminated with decorative lighting. In addition, the policy is intended to manage workload associated with installing and removing the lighting system since it must be removed following each illumination period.

The policy proposes four illumination periods. For consistency, each illumination period is proposed to last an entire month. The Holiday Season illumination is scheduled to coincide with the annual Christmas Tree Lighting.

Event Illumination
Color Scheme
Illumination Start
Date*
Illumination End
Date*
Valentine’s Day Pink February 1 February 28
Pride Month Red, Orange,
Yellow, Green,
Blue, Purple
June 1 June 30
Fourth of July Red, White, Blue July 1 July 31
December Holiday
Season
Red, Green First Friday in
December
January 2
*If the illumination start or end date falls on a weekend or City holiday, the illumination would begin or end as soon as practical to the planned date.

In addition, the policy allows the City Manager to consider and approve or deny requests for other illuminations that may occur due to local, regional, national, or world events. However, under no circumstances would a request that is personal in nature (e.g. birthday, anniversary, etc.) be permitted.

The City will need to consider a permanent lighting installation for the Healdsburg Avenue Bridge if the illumination program is to continue long-term. Preliminary estimates for a permanent, commercial programmable lighting system are in the $150,000 - $350,000 range depending on the complexity of the system and the desired lighting effects. In addition to durability, a permanent lighting system would allow considerably more flexibility in illuminations, color combinations, etc.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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ALTERNATIVES:

City Council could amend the policy, discontinue the illumination program, and/or provide other direction to staff.

FISCAL IMPACT:

Installing and removing the illumination system requires approximately two days of staff time for two staff (32 hours total). Using the City’s FY22-23 adopted fee schedule this equates to $3,632 for each illumination.

ENVIRONMENTAL ANALYSIS:

In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, the City Council hereby finds that the adoption of this Resolution and its policies are categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guidelines Sections 15304 Class 4(e) Minor Alterations to Land, because the proposed illumination constitutes a “minor temporary use of land having negligible or permanent effects on the environment including carnivals, sales of Christmas trees, etc.” ATTACHMENT(S):

Healdsburg Avenue Bridge Lighting Resolution and Policy Healdsburg Avenue Bridge Illuminations

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CITY OF HEALDSBURG
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING POLICIES FOR THE

DECORATIVE ILLUMINATION OF THE HEALDSBURG

AVENUE BRIDGE
WHEREAS, the City of Healdsburg has developed a system to temporarily illuminate the Healdsburg Avenue Bridge with colored lighting; and
WHEREAS, since the system is temporary, it is not designed to remain on the bridge continually and must be installed and removed for each illumination period; and WHEREAS, the City desires to establish a uniform policy to govern the decorative illumination of Healdsburg Avenue Bridge as outlined in Exhibit A.

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

1. The City Council approves and authorizes the Healdsburg Avenue Bridge illumination policy as outlined in the attached Exhibit A.

2. Environmental Review. In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, the City Council hereby finds that the adoption of this Resolution and its policies are categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guidelines Sections 15304 Class 4(e) Minor Alterations to Land, because the proposed illumination constitutes a “minor temporary use of land having negligible or permanent effects on the environment including carnivals, sales of Christmas trees, etc.” PASSED and ADOPTED by the City Council of the City of Healdsburg, this 3rd day of October 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. 137 Attachment: Healdsburg Avenue Bridge Lighting Resolution and Policy (3689 : Healdsburg Avenue Bridge Lighting Policy)

EXHIBIT A
Policy on the Temporary Illumination of the Healdsburg Avenue Bridge Purpose
The purpose of this administrative policy is to establish a uniform policy to govern the temporary decorative illumination of the Healdsburg Avenue Bridge.

Applicability
The City has developed a system to temporarily illuminate the Healdsburg Avenue Bridge with accent colors that can acknowledge and celebrate certain holidays and notable events. This policy is intended to define the events and duration for illuminating the Bridge. The Healdsburg Avenue Bridge is not a forum for expression by the public.

Annual Illuminations
Event Illumination
Color Scheme
Illumination Start
Date*
Illumination End
Date*
Valentine’s Day Pink February 1 February 28
Pride Month Red, Orange,
Yellow, Green,
Blue, Purple
June 1 June 30
Fourth of July Red, White, Blue July 1 July 31
December Holiday
Season
Red, Green First Friday in
December
January 2
*If the illumination start or end date falls on a weekend or City holiday, the illumination shall begin or end as soon as practical to the planned date.

Special Illumination Requests
The City recognizes that certain local, regional, national, or world events may create opportunities to illuminate the bridge in recognition of or in honor of these events. Requests to illuminate the Bridge in recognition of an event not included in the Annual Illuminations list may be submitted in writing to the City Manager at least 30-days in advance. The City Manager shall have the authority to determine whether to grant the request, and the City Manager’s decision is final. The City does not grant requests to illuminate the Bridge that are of a private nature such as birthdays, anniversaries, etc.

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Packet Pg. 138 Attachment: Healdsburg Avenue Bridge Lighting Resolution and Policy (3689 : Healdsburg Avenue Bridge Lighting Policy)

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Packet Pg. 139 Attachment: Healdsburg Avenue Bridge Illuminations (3689 : Healdsburg Avenue Bridge Lighting Policy)

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Packet Pg. 140 Attachment: Healdsburg Avenue Bridge Illuminations (3689 : Healdsburg Avenue Bridge Lighting Policy)

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Packet Pg. 151 Attachment: Healdsburg Avenue Bridge Illuminations (3689 : Healdsburg Avenue Bridge Lighting Policy)

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Packet Pg. 152 Attachment: Healdsburg Avenue Bridge Illuminations (3689 : Healdsburg Avenue Bridge Lighting Policy)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 3, 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.

The resolution was amended at the February 22, 2022, City Council meeting and further amended at the March 21, 2022 City Council meeting, to amend public meeting protocol in response to the latest COVID-19 conditions, as directed by the City Council.

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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Packet Pg. 155 Attachment: Resolution (3777 : Resolution authorizing remote meetings) Resolution No. -2022

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 3rd day of October 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. 156 Attachment: Resolution (3777 : Resolution authorizing remote meetings)

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. 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

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Packet Pg. 157 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3777 : Resolution authorizing remote meetings)

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.

2. 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.

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. 158 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3777 : Resolution authorizing remote meetings)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 3, 2022
SUBJECT: Renewal of the Healdsburg Tourism Improvement District PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
RECOMMENDED ACTION(S):

1. Hold a public hearing to receive public testimony on the request to renew the Healdsburg Tourism Improvement District; and

2. Introduce for first reading, by title only waiving further reading of the text, an ordinance adding Chapter 3.32 to Title 3 of the Healdsburg Municipal Code renewing the Healdsburg Tourism Improvement District (HTID) and declaring results of the Majority Protest Proceedings.

COMMUNITY ENGAGEMENT/OUTREACH:

Not Applicable.

BACKGROUND:

The Property and Business Improvement District Law of 1994 grants cities and counties the authority to establish and renew “property and business improvement districts” for the purpose of levying assessments against businesses in the district to pay for the cost of certain improvements and activities benefiting those businesses paying the assessment. Funds raised are returned to the private non-profit entity governing the district.

Under the 1994 Act, a Business Improvement District (“BID”) can only be established or renewed by the submission of a written petition signed by the business owners in the proposed district who will pay more than 50% of the assessments. Petitioners are required to prepare and submit a Management District Plan along with their petition. The contents of the Management Plan lay out the boundaries of the district, the timing and method of assessments, and the improvements and activities to be financed. In addition, the Management Plan must designate the number of years the assessment will be levied. A BID can only be renewed for no more than 10

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years, unless certain other processes are followed.

Activities and improvements allowed under the 1994 Act include:

Activities

1. Promotion of public events which benefit businesses or real property in the district

2. Furnishing of music in any public place within the district

3. Promotion of tourism within the district

4. Marketing and economic development, including retail retention and recruitment

5. Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality within the district

6. Other services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district
Improvements

1. Parking facilities

2. Benches, booths, kiosks, display cases, pedestrian shelters and signs

3. Trash receptacles and public restrooms

4. Lighting and heating facilities

5. Decorations

6. Parks

7. Fountains

8. Planting areas

9. Closing, opening, widening or narrowing of existing streets

10. Facilities and/or equipment to enhance security of persons and property within the district

11. Ramps, sidewalks, plazas and pedestrian malls

12. Rehabilitation or removal of existing structures
The City Council initiated proceedings to renew a BID, on August 2, 2022 by adopting a resolution of intention containing a brief description of the proposed activities and improvements, exterior boundaries, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or business owners and whether bonds will be issued.

On September 6, 2022, the Council held the public meeting and provided feedback to the Chamber of Commerce on the proposed 2023-2032 Management Plan.

DISCUSSION/ANALYSIS:

In 2013 the Healdsburg Chamber of Commerce, working with the hoteliers in the City, developed and formed the Healdsburg Tourism Improvement District (“HTID”) in compliance with the 1994 Act. The HTID is an assessment district that funds the marketing and sales promotion efforts of Healdsburg lodging businesses. The HTID was initially formed for a five (5) year term.

On November 20, 2017, the City Council renewed the HTID for an additional five (5) year term,

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which will end on December 31, 2022, unless renewed.

In early 2022, the City received notice from the HTID that the lodging businesses now wish to renew the HTID for an additional ten (10) years, beginning January 1, 2023 through December 31, 2032. At that time, the HTID also submitted the draft 2023-2032 Healdsburg Improvement District Management Plan (“Management Plan”) which outlined the activities to be financed with the assessment revenue.

At the August 2, 2022, City Council meeting, Council adopted the Resolution of intention, setting dates for future action and on September 6, 2022, Council held the public meeting.

Based on Council feedback received at the September 6, 2022 Council meeting, the HTID is proposing to allocate a minimum of 15% of the HTID annual budget to district development projects including services, improvements and activities which the HTID suggests will improve the quality of life in the community while also supporting the District’s purpose of increasing guest visits. For 2023, approximately $225,000 of HTID revenue would be made available to support services and projects in the community.

The attached draft Management Plan has been prepared by the District’s consultant and reflects the HTID’s proposed spending plan for the life of the HTID (through 2032). The Management Plan also identifies the location of the District encompassing all existing and future lodging businesses within the boundaries of the City, proposes to continue the annual assessment rate of 2% of gross short-term room rental revenue, and identifies all of the activities to be financed including sales and marketing, district development projects, administration and operations, City administration fee and contingency/reserve. In addition, the Management Plan designates the assessments will be levied for a period of 10 years, beginning January 1, 2023 through December 31, 2032. The draft Management Plan has been accepted by the lodging businesses. The City Council has the right to make changes to the Management Plan before giving its final approval.

The proposed Management Plan includes the following changes from the current Management Plan in place:

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Current Proposed
Time Period 5 years 10 years
Assessment 2%
2% and gives the HTID Board
the ability to decrease the
rate annually by no more
than .5%
City Admin. Fee 2.5% 1.2%
Proposed Annual Budget $ 600,209 $ 1,500,000
Budget Allocation Amount % Amount %
Sales and Marketing $360,125 60.0% $1,032,000 68.8%
District Development $135,047 22.5% $225,000 15%
Administration and Ops* $60,021 10.0% $150,000 10%
Contingency/Reserve $30,010 5.0% $75,000 5%
City Collection Fee $15,005 2.5% $18,000 1.20%
*Admin and Ops Budget 65,000 annual cap in costs No annual cap Under the Management Plan, the Healdsburg Chamber of Commerce would continue to serve as the HTID’s Owners’ Association and be responsible for managing funds and implementing programs in accordance with the Management Plan, as well as providing annual reports to the City. The total HTID annual budget for the initial year of its ten (10) year operation is anticipated to be approximately $1,500,000. Signed petitions in favor of renewing the HTID have been received from business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, meeting the statutory requirement to initiate this renewal process.

Renewal of the HTID is a four-step process, as follows:

1. Step 1 (Completed) – Council will consider whether or not to initiate the request to renew the HTID. If Council elects to move forward with the renewal, they will adopt the Resolution of Intention to renew the HTID and set the date and time of a public meeting and a public hearing where the request for renewal will be considered further.

2. Step 2 (Completed) – Council will hold a public meeting to allow public testimony and Council feedback on the request to renew the HTID.

3. Step 3 (Tonight) – Council will hold a public hearing to allow public testimony on the request to renew the HTID and to allow the Council to consider approval of the renewal. At the conclusion of the public hearing, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. If the Council elects to renew the HTID, following the public hearing, they will introduce for first reading, an Ordinance of District Formation. and approve the Owners’ Association Agreement with the Chamber of Commerce to administer and implement the improvements and activities of the HTID.

4. Step 4 (Proposed for October 17th) – Council will consider adoption of the Ordinance. Upon successful passage of the ordinance, the HTID shall be renewed, and the ordinance shall go into effect thirty (30) days after successful passage of the ordinance. Also, at this meeting the Council will approve the Owners’ Association Agreement with the Chamber of Commerce to administer and implement the improvements and activities of the HTID.

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ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

ALTERNATIVES:

Staff’s recommendation is to hear public comment and provide feedback on the terms of the proposed renewal.

FISCAL IMPACT:

The proposed assessment may not exceed 2% of the gross rental receipts from all overnight stays in the City. During the ten (10) year term, the assessment rate may be decreased annually by the HTID Owners’ Association by a maximum of one half of one percent (0.5%) of gross room rental revenue per year. The total assessment rate may not be less than half a percent (.5%).

Consistent with the City’s current TOT ordinance, all types of lodging 30 consecutive calendar days or less are proposed to be included in the assessment. Lodging operators would collect the assessment from their guests and report and pay the assessment when they pay their Transient Occupancy Tax. The assessment estimates the HTID would generate approximately $1,500,000 on an annual basis.

The City would function as the fiscal agent for the HTID, with responsibility for collecting revenue/payment and remitting proceeds to the Owners’ Association. The City would retain

1.2% or approximately $18,000 per year based on the $1,500,000 annual budget to cover its costs of collection and administration. This amount is based on an assessment of the current costs to provide this service.

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):

Ordinance
HTID Final Management Plan

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CITY OF HEALDSBURG
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG ADDING CHAPTER 3.32 TO TITLE 3 OF THE

HEALDSBURG MUNICIPAL CODE RENEWING THE

HEALDSBURG TOURISM IMPROVEMENT DISTRICT AND

DECLARING RESULTS OF THE MAJORITY PROTEST

PROCEEDINGS
WHEREAS, the City Council of the City of Healdsburg created the Healdsburg Tourism Improvement District (HTID) in 2013 by Resolution No. 102-2012; and WHEREAS, the City Council created the HTID for a five (5) year term, then subsequently renewed it for an additional five (5) year term, which ends on December 31, 2022; and WHEREAS, pursuant to California Streets and Highways Code Section 36621(a), lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the HTID, have petitioned the City Council to renew the HTID; and WHEREAS, the petition for renewal included a Management District Plan (“Management Plan”) summary that includes a map showing the boundaries of the district, information specifying where the complete management district plan can be obtained, describes the proposed assessment to be levied on lodging businesses within the HTID to pay for sales and marketing programs, and other improvements and activities set forth in the Management Plan; and WHEREAS, the assessed lodging businesses within the HTID will receive a specific benefit from the improvements, maintenance, and activities funded by the proposed assessments set forth in the Management Plan; and
WHEREAS, on August 1, 2022, at 6:00 PM at City Hall located at 401 Grove Street, Healdsburg, CA 95448, at a properly noticed public meeting, the City Council adopted Resolution No. 110-2022, a Resolution of the City Council of the City of Healdsburg Declaring its Intention to Renew the Healdsburg Tourism Improvement District and Fixing the Time and Place of a Public Meeting and a Public Hearing thereon and Giving Notice Thereof (“Resolution of Intention”). A map of showing the boundaries of the district, and a copy of the Management Plan were attached as exhibits to Resolution No. 110-2022; and
WHEREAS, on September 6, 2022 at 6:00 PM at City Hall located at 401 Grove Street, Healdsburg, CA 95448, the City Council held a properly noticed public meeting regarding the renewal of the HTID and the City Council heard and received objections and protests, if any, to the renewal of the HTID and the levy of the proposed assessment; and WHEREAS, on October 3, 2022 at 6:00 PM at City Hall located at 401 Grove Street, Healdsburg, CA 95448, the City Council held a public hearing to conduct the first reading of this

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Packet Pg. 164 Attachment: Ordinance (3780 : HTID Public Hearing) Ordinance No.

ordinance to renew the HTID and continue the levy of assessments, and the City Council heard and received all objections and protests, if any, to the renewal of the HTID and the levy of the proposed assessment. The public hearing was properly noticed in accordance with Streets and Highways Code § 36623; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in renewed HTID which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and WHEREAS, if the City Council approves the first reading of this ordinance at the October 3, 2022 City Council meeting, passage of the ordinance is anticipated to be scheduled for the October 17, 2022 City Council meeting; and
WHEREAS, the Management Plan states that the Healdsburg Chamber of Commerce will serve as the owners’ association of the HTID. Accordingly, pursuant to Streets and Highways Code § 36651, Staff intends to propose adoption of a contract between the City and the Healdsburg Chamber of Commerce for the administration of the HTID at the meeting at which the ordinance is scheduled for passage.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEALDSBURG DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. PURPOSE
The purpose of this chapter is to renew the Healdsburg Tourism Improvement District, consistent with the requirements of Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36620, et seq.

SECTION 2. FINDINGS
The City of Healdsburg incorporates the findings above by reference and adopts the following additional findings:

1. The activities funded by the assessment will provide a specific benefit to assessed businesses within the HTID that is not provided to those not paying the assessment.

2. The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

3. The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.

SECTION 3. APPLICABILITY
The provisions of this chapter shall apply to all lodging businesses in the Healdsburg Tourism

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Packet Pg. 165 Attachment: Ordinance (3780 : HTID Public Hearing) Ordinance No.

Improvement District, which comprises all lodging businesses located on the premises of a winery, existing and in the future, available for public occupancy within the boundaries of the City of Healdsburg.

SECTION 4. CODE AMENDMENTS
Chapter 3.32 is hereby added to Title 3 of the Healdsburg Municipal Code to read as follows:

3.32. 010. Healdsburg Tourism Improvement District Renewed.

The City of Healdsburg hereby renews the Healdsburg Tourism Improvement District (HTID), for a ten (10) year term, beginning January 1, 2023, and ending December 31, 2032, pursuant to the provisions of the Property and Business Improvement District Law of 1994, as set forth in California Streets and Highways Code, Section 36600 et seq.

3.32.020. Management District Plan.

The Management District Plan (“Management Plan”) dated September 21, 2022 is hereby adopted and approved. A copy is attached hereto and located in the Office of the City Clerk.

3.32.030. Activities and Improvements.

1. The activities to be provided to benefit businesses in the HTID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used to fund activities that directly benefit businesses outside the HTID; to fund activities or improvements outside the HTID; or for any purpose other than the purposes specified in this Ordinance, the Resolution of Intention adopted by the City Council on August 2, 2022, and the Management Plan.

Notwithstanding the foregoing, improvements and activities that must be provided outside the HTID boundaries to create a specific benefit to the assessed businesses may be funded, but use of such funds shall be limited to marketing or signage pointing to the HTID.

2. The assessments levied for the HTID shall be applied toward marketing and sales promotions and district development programs to market HTID lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan.

3. Assessments levied on lodging businesses pursuant to this ordinance shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit.

4. Assessments may be used to fund activities, as defined by Streets and Highways Code §36606, and improvements, as defined by Streets and Highways Code § 36610, thtoe benefit the assessed businesses, as described by the Management Plan.

3.32. 040. Budget.

The assessment budget for the entire HTID will total approximately $1,500,000 in year one (1), and is anticipated to grow by 3% annually thereafter, subject to market conditions. A detailed annual

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assessment budget will be developed and approved by the Chamber. Funds will be allocated as described in the Management Plan.

3.32.050. Bonds
Bonds shall not be issued to fund the HTID.

3.32.060. Boundaries.

The HTID includes all lodging businesses (including all lodging businesses located on the premises of a winery) located within the boundaries of the City of Healdsburg as described in the Management District Plan.

3.32.070. Assessments.

1. The annual assessment rate is two percent (2%) of gross short-term room rental revenue, for each assessed business. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays by any federal or state officer or employee when on official business; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any person who has signed an agreement in writing for occupancy in a lodging business for more than thirty (30) days. During the ten (10) year term, the assessment rate may be decreased annually by the HTID Owners’ Association by a maximum of one half of one percent (0.5%) of gross room rental revenue per year, as described in Section V of the Management Plan. The total assessment rate may not be decreased to less than one percent one half of one percent (0.5%).

2. The assessments shall be used for the purposes set forth herein. Any funds remaining at the end of any year may be used in subsequent years in which the HTID assessment is levied as long as they are used consistent with the requirements set forth herein.

3. Assessments imposed pursuant to this chapter are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “HTID Assessment” as specified in the Management Plan.

3.32.080. Collections.

The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest as set forth in the Management Plan) from each assessed business located in the boundaries of the HTID. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

3.32.090. Owners’ Association.

The Management Plan identifies the Healdsburg Chamber of Commerce as the Owners’ Association

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for the HTID. Pursuant to Streets and Highways Code §36651, the City has contracted with the Chamber of Commerce to administer the HTID.

3.32.100. Annual Report.

The Healdsburg Chamber of Commerce, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report, to be presented to the City Council. The first report shall be due after the first year of operation of the HTID.

3.32.110. Amendments to Enabling Legislation.

The HTID renewed pursuant to this ordinance shall be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.).

SECTION 5. ENVIRONMENTAL COMPLIANCE
The City Council finds, pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), that this ordinance is exempt from the requirements of CEQA on the grounds there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 6. SEVERABILITY
If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 6: EFFECTIVE DATE
This ordinance shall be effective thirty (30) days after its passage.

SECTION 7: PUBLICATION
Within fifteen (15) days of its adoption, this ordinance or a summary thereof, as provided in Government Code Section 36933, 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 City Council voting for and against its passage.

This Ordinance was introduced by the City Council of the City of Healdsburg on the 3rd day of October, 2022, and passed and adopted on _________, at a regular meeting, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )

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ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )

SO ORDERED ATTEST
__________________________________ _____________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk
Dated: ________________________________

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Packet Pg. 169 Attachment: Ordinance (3780 : HTID Public Hearing) TBD
2023-2032

HEALDSBURG TOURISM

IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN
September 21, 2022 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

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CONTENTS
I. OVERVIEW ........................................................................................................................................2 II. BACKGROUND ................................................................................................................................3 III. ACCOMPLISHMENTS.....................................................................................................................4 IV. BOUNDARY.......................................................................................................................................6 V. ASSESSMENT BUDGET AND SERVICES................................................................................7 A. Annual Service Plan .............................................................................................................................7 B. Annual Budget......................................................................................................................................9 C. California Constitutional Compliance.............................................................................................10 D. Assessment..........................................................................................................................................11 E. Penalties and Interest.........................................................................................................................12 F. Time and Manner for Collecting Assessments..............................................................................12 VI. GOVERNANCE...............................................................................................................................13 A. Owners’ Association..........................................................................................................................13 B. Brown Act and California Public Records Act Compliance........................................................13 C. Annual Report ....................................................................................................................................13 APPENDIX 1 – LAW....................................................................................................................................14 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................25 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

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I. OVERVIEW
Developed by the Healdsburg Chamber of Commerce (the Chamber), the Healdsburg Tourism Improvement District (HTID) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion efforts and district development programs for assessed businesses. The HTID was formed in 2013 for a five (5) year term; and subsequently renewed in 2018 for another five (5) year term. The Chamber and Healdsburg businesses now wish to renew the HTID for an additional ten (10) years.

Location: The renewed HTID includes all lodging businesses (including all lodging businesses located on the premises of a winery) located within the boundaries of the City of Healdsburg, as shown on the map in Section IV.

Services: The HTID is designed to provide specific benefits directly to payors by increasing room night sales. Marketing and sales promotions and district development programs will increase overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.

Budget: The total HTID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $1,500,000. A similar assessment budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and if the assessment rate is decreased pursuant to this Plan.

Cost: The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or state officer or employee when on official business; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any person who has signed an agreement in writing for occupancy in a lodging business for more than thirty (30) days. During the ten (10) year term, the assessment rate may be decreased annually by the HTID Owners’ Association by a maximum of one half of one percent (0.5%) of gross room rental revenue per year, as described in Section V. The total assessment rate may not be less than one half of one percent (0.5%).

Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the HTID. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.

Duration: The renewed HTID will have a ten (10) year life, beginning January 1, 2023 through December 31, 2032, or as soon as possible thereafter, and end ten (10) years from its start date. Once per year, beginning on the anniversary of HTID renewal, there is a 30-day period in which owners paying more than fifty percent (50%) of the assessment may protest and initiate a City Council hearing on HTID termination.

Management: The Healdsburg Chamber of Commerce will continue to serve as the HTID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the City Council.

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II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

California’s TIDs collectively
raise over $300 million annually
for local destination marketing.

With competitors raising their
budgets, and increasing rivalry
for visitor dollars, it is
important that Healdsburg
lodging businesses continue to
invest in stable, lodging-specific
marketing programs.

TIDs utilize the efficiencies of
private sector operation in the
market-based promotion of tourism districts. TIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TID pay an assessment and those funds are used to provide services that increase demand for room night sales.

In California, most TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38 46
61 64 70 75
88 95 99101104109110
0 20
40 60
80 100
120
19891995200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Number of Districts Operating in
California

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III. ACCOMPLISHMENTS
HTID Recent Accomplishments
• 8,614,755,116 total earned media impressions
• 264 total online media placements
• 41 total print media placements
• 35 Curated Media Visits
• Press Hit Examples:
o Food & Wine – The article by Ray Isle highlights Healdsburg as a small town that offers a variety of dining and wine tasting options along with newly built modern hotels. 8.6M readers
o Orange Coast Magazine – Allan Gibbons describes the perfect getaway to Healdsburg that includes listening to music on the downtown plaza, savory and sweet gourmet wine and food pairings, picnics, downtown hotels, and dining - all with hometown flavor. 56k readers
o Travel + Leisure - Kathryn Romeyn outlines her post-baby family-friendly trip to Healdsburg that included wine tasting, outdoor adventures, along with hotel and dining recommendations. 5.5M viewers
o Conde Nast Traveler – Carey Jones writes about California weekend getaways that featured Healdsburg as a wine, food and bakery destination with a charming identity.

2.8M viewers
o 7x7 – Amber Turpin describes her 3-day Healdsburg weekend that included a stay at Montage, biking, art, wine tasting, cocktails, lounging, shopping, dining and her plans to come back again. 130k viewers
o Country Living – Lauren Smith McDonough showcases 35 American “European-like” towns, including Healdsburg, that she compares to Tuscany. 12M viewers o Decanter – Jess Lander outlines the perfect 3-day trip to Healdsburg to experience small town charm and luxury - all at the same time. 366k viewers o Forbes - Katie Chang showcases the pleasures of a visit to Healdsburg that included art galleries, dining, day spa’s - all without drinking any wine. 66.5M viewers o Locale Magazine – The article by Taylor Gorski features some of Healdsburg’s newest hotels, classic wineries, art galleries, and culinary suggestions. 100k viewers o Marie Claire – Featured in the Instagram Guide to Sonoma, Healdsburg is highlighted for wine tasting and dining. 13M viewers

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o PaperCity – Georgie Miller documented a charming visit to Healdsburg that included modern hotels, unique retail shops and art galleries, along with fine dining. 204k viewers
o The Zoe Report – Nicole Kliest highlights Healdsburg as an American city that should not be missed during the Fall; offering many hotel options, outdoor activities, and a variety of wine tasting venues. 2.4M viewers
o Thrillist – Daisy Barringer and Margot Seeto describe Healdsburg as a perfect road trip from San Francisco to experience lunch at a winery, food and wine pairings, creative cocktails, farm-fresh dining and stylish hotel rooms. 8.4M viewers o Yahoo! News – This article considered Healdsburg as one of the most wine-friendly towns where you can experience a variety of excellent dining options, modern hotels, along with new and established wineries. 2.1B viewers
o MSN – Daisy Barringer and Margot Seeto suggest Healdsburg as a top fall destination to enjoy wonderful eating and drinking. 69.5M viewers o House Beautiful – Lauren Smith McDonough and Janaya Wecker suggest travelers will enjoy Healdsburg as much as Italy based on the food and wine. 6.7M viewers o Forbes – Laurie Werner highlights Napa and Sonoma County and suggests visiting Healdsburg to sample dishes prepared by many local culinary stars. 66.5M viewers

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IV. BOUNDARY
The HTID will include all lodging businesses (including all lodging businesses located on the premises of a winery), existing and in the future, available for public occupancy within the boundaries of the City of Healdsburg.

Lodging business means: any structure or any portion of any structure that is occupied or intended or designed for occupancy by transients for sleeping purposes, including any inn, home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof that is used for occupancy by transients, even if such use is on a part-time basis.

The term “winery” as used herein means: A business that is commercial growing and/or processing of wine grapes; and/or must have a valid state license and/or federal permit to process or sell wine at retail locations within the boundaries of the HTID.

The boundary, as shown in the map below, currently includes thirty (30) lodging businesses. A complete listing of lodging businesses within the renewed HTID can be found in Appendix 2.

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V. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the HTID funds are sales and marketing programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the Chamber.

The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $1,500,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the Chamber shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the HTID, any and all assessment funds may be used for the costs of defending the HTID.

Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The staffing levels necessary to provide the services below will be determined by the Chamber on an as-needed basis.

Sales and Marketing
A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Healdsburg as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Internet marketing efforts to increase awareness and optimize internet presence to drive Sales & Marketing,
$1,032,000 , 68.8%
District Development,
$225,000 , 15%
Administration and
Operations,
$150,000 , 10%
Contingency/
Reserve,
$75,000 , 5%
City Collection Fee,
$18,000, 1.2%
Initial Annual Assessment Budget- $1,500,000

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overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote assessed businesses; • Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;
• Development and maintenance of a website designed to promote assessed businesses; and • Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits to assessed businesses; and • Education of lodging businesses management and the Owners’ Association on marketing strategies best suited to meet Healdsburg’s needs designed to increase overnight visitation and room night sales and assessed businesses.

District Development
District Development (DD) projects will be designed to improve the visitor experience in an effort to increase overnight visitation at assessed lodging businesses. As the total number of rooms sold and room prices increase over time, the amount of available funds for DD projects will increase. During the ten (10) year term of the HTID, a minimum of fifteen percent (15%) of the annual assessment budget shall be used for DD projects. Working collaboratively with the City, the Chamber will develop specific DD funding criteria. The City and the Chamber staff shall have equal input to make recommendations to the Chamber for final project approval. The award of any public works contract for an approved DD project must be done in accordance with Municipal Code requirements. Policies and procedures acceptable to both the Chamber and the City will be developed. DD projects may include:
• Services designed to improve the visitor experience, such as but not limited to, transportation and parking solutions;
• Improvements designed to improve the visitor experience, such as but not limited to, benches, restrooms, and lighting improvements; and
• Activities designed to improve the visitor experience, such as but not limited to, Tuesday Music on the Plaza, Healdsburg Farmers Market, Healdsburg Center to the Arts, and/or creation of new Arts, Cultural and Educational activities.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees. Ten percent (10%) of the annual assessment budget shall be used for administration and operations.

City Administration Fee
The City of Healdsburg shall retain 1.2% percent of the amount of assessment collected, to cover its costs of collection and administration. Any amount of the City Administration Fee in excess of the

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actual cost of collecting and administering the assessment shall be forwarded to the Owners’ Association to be used for HTID programs.

Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Board of Directors of the Owners’ Association.

Contingency/reserve funds may be spent on HTID programs or administrative and renewal costs in such proportions as determined by the Owners’ Association. The reserve fund may be used for the costs of renewing the HTID. The contingency/reserve portion of the budget may also be utilized for expenditures relating to unforeseen circumstances, including but not limited to those arising out of natural disaster, pandemic, or economic crisis.

B. Annual Budget
The total ten (10) year improvement and service plan budget is projected at approximately $1,500,000 annually, or approximately $17,195,819 through 2032. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and if the assessment rate is decreased pursuant to this Plan.

The initial annual assessment rate is two percent (2%) of gross room rental revenue. The Owners’ Association may decrease the assessment rate by a maximum of one half of one percent (0.5%) per year. The assessment rate shall never be less than one half of one percent (0.5%).

The table below demonstrates the estimated maximum annual improvement and service plan budget during the HTID’s ten (10) year term. A three percent (3%) annual increase in the total budget is shown to account for estimated increased room night sales as a result of HTID efforts. This three percent (3%) increase is a conservative estimate based on the effects of similarly sized TID budgets, not an increase in the HTID assessment.

Estimated Maximum Annual Assessment Budget
2023-2032
Year
Sales &
Marketing
District
Development
Admin. and
Operations
Contingency
/Reserve
City Collection
Fee Total
2023 $1,032,000 $225,000 $150,000 $75,000 $18,000 $1,500,000 2024 $1,158,750 $231,750 $154,500 $77,250 $18,540 $1,545,000 2025 $1,193,513 $238,703 $159,135 $79,568 $19,096 $1,591,350 2026 $1,229,318 $245,864 $163,909 $81,955 $19,669 $1,639,091 2027 $1,266,197 $253,239 $168,826 $84,413 $20,259 $1,688,263 2028 $1,304,183 $260,837 $173,891 $86,946 $20,867 $1,738,911 2029 $1,343,309 $268,662 $179,108 $89,554 $21,493 $1,791,078 2030 $1,383,608 $276,722 $184,481 $92,241 $22,138 $1,844,811 2031 $1,425,116 $285,023 $190,016 $95,008 $22,802 $1,900,155 2032 $1,467,870 $293,574 $195,716 $97,858 $23,486 $1,957,160 Total $12,803,864 $2,579,373 $1,719,582 $859,791 $206,350 $17,195,819

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C. California Constitutional Compliance
The HTID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the HTID assessment is a business-based assessment, and is subject to Proposition

26.Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the HTID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2The services in this Plan are designed to provide targeted benefits directly to assessed lodging businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific lodging businesses within the HTID. The activities described in this Plan are specifically targeted to increase room night sales for assessed lodging businesses within the boundaries of the HTID, and are narrowly tailored. HTID funds will be used exclusively to provide the specific benefit of increased room night sales directly to the assessees.

Assessment funds shall not be used to feature non-assessed lodging businesses in HTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses.

The assessment imposed by this HTID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in room night sales. The specific benefit of an increase in room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the district assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses.

Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased room night sales to the assessed lodging businesses.

Although the HTID, in providing specific benefits to payors, may produce incidental benefits to nonpaying businesses, the incidental benefit does not preclude the services from being considered a specific benefit.The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)

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reasonable costs to the local government of providing the service or product.”4The legislature has recognized that marketing and promotions services like those to be provided by the HTID are government services within the meaning of Proposition 265.Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
HTID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services.The full amount assessed will be used to provide the services described herein. Funds will be managed by the Chamber, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from district-funded activities, be featured in advertising campaigns, and benefit from other district-funded services. Nonassessed lodging businesses will not receive these, nor any other, district-funded services and benefits.

The HTID -funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non- HTID funds. HTID funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed lodging businesses.

D. Assessment
The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any federal or state officer or employee when on official business; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays by any person who has signed an agreement in writing for occupancy in a lodging business for more than thirty (30) days. During the ten (10) year term, the assessment rate may be decreased annually by the HTID Owners’ Association by a maximum of one half of one percent (0.5%) of gross room rental revenue per year. The total assessment rate may not be less than one half of one percent (0.5%).

The term “gross room rental revenue” as used herein means: the actual consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credit and property and services of any kind or nature without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessment shall be disclosed as the “HTID Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if 4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)

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it is passed on to transients. The assessment shall not be considered revenue for any purposes, including calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Penalties and Interest
The HTID shall reimburse the City of Healdsburg for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent HTID assessment are sought to be recovered in the same collection action by the City, the HTID shall bear its pro rata share of such collection costs.

Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment owning in addition to the amount of the assessment

2. Continued Delinquency: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

3. Fraud: If the City determines that the nonpayment of any remittance due was willful, a penalty of fifty percent (50%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsection (1) and (2) of the section.

4. Interest: In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one-half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the assessment herein required to be paid.

F. Time and Manner for Collecting Assessments
The renewed HTID will have a ten (10) year life, beginning January 1, 2023 through December 31, 2032, or as soon as possible thereafter, and end ten (10) years from its start date.The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business .The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to the Owners’ Association.

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VI. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the HTID as defined in Streets and Highways Code §36612.The City Council has determined that the Healdsburg Chamber of Commerce (the Chamber) will continue to serve as the Owners’ Association for the HTID.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.).Thus, meetings of the Chamber board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

C. Annual Report
The Chamber shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1).The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT *** (ALL 2020 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The

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mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”

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“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

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36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The

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amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied.
(b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy

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assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments

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At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.
36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners

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The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625.

An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention

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(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications.

If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640.Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year.

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(3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on

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disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

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APPENDIX 2 – ASSESSED BUSINESSES
Business Name Address
Bella Luna 530 Healdsburg Avenue, Healdsburg, CA 95448
Bella Villa Messina 316 Burgundy Road, Healdsburg, CA 95448 Belle de Jour Inn 16276 Healdsburg Avenue, Healdsburg, CA 95448 Best Western Dry Creek Inn 198 Dry Creek Road, Healdsburg, CA 95448 Calderwood Inn 25 West Grant Street, Healdsburg, CA 95448 Camellia Inn 211 North Street, Healdsburg, CA 95448
Cottages at Healdsburg 425 Foss Street, Healdsburg, CA 95448 Cypress House and Studio 410 Grater Street, Healdsburg, CA 95448 Duchamp Hotel 421 Foss Street, Healdsburg, CA 95448
Fairview Inn and Suites 74 Healdsburg Avenue, Healdsburg, CA 95448 Grandma's Victorian Cottage 607 Johnson Street, Healdsburg, CA 95448 Grape Leaf Inn 539 Johnson Street, Healdsburg, CA 95448 h2hotel 219 Healdsburg Avenue, Healdsburg, CA 95448
Harmon Guest House 414 Healdsburg Avenue, Healdsburg, CA 95448 Healdsburg Contemporary Cottage 225 Piper Street, Healdsburg, CA 95448 Healdsburg Cottage 602 College Street, Healdsburg, CA 95448 Healdsburg Inn on the Plaza 112 Matheson Street, Healdsburg, CA 95448 Honor Mansion 891 Grove Street, Healdsburg, CA 95448
Hotel Healdsburg 25 Matheson Street, Healdsburg, CA 95448 Hotel Les Mars 27 North Street, Healdsburg, CA 95448
Hotel Trio 110 Dry Creek Road, Healdsburg, CA 95448
Hotel Vinea 178 Dry Creek Rd, Healdsburg, CA 95448
Inspirato 223 Center Street, Healdsburg, CA 95448
L & M Motel 70 Healdsburg Ave., Healdsburg, CA 95448
Montage Healdsburg 100 Montage Way, Healdsburg, CA 95448 River Belle 68 Front Street, Healdsburg, CA 95448
Rock House Suites 115 Mill St, Healdsburg, CA 95448
Single Thread Farm Inn 131 B North Street, Healdsburg, CA 95448 The Roost 340 East Street, Healdsburg, CA 95448
Two Thirty Five 235 Healdsburg Avenue, Healdsburg, CA 95448 Bella Luna 530 Healdsburg Avenue, Healdsburg, CA 95448
Bella Villa Messina 316 Burgundy Road, Healdsburg, CA 95448

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 3, 2022
SUBJECT: SD Media Productions' Request for Alcohol Consumption, Road Closures, and Waiver of 24-hour Special Event Venue Use for the 2023 Healdsburg Wine and Food Experience Grand Tasting
PREPARED BY: Matt Milde, Recreation Supervisor
STRATEGIC INITIATIVE(S):

Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
RECOMMENDED ACTION(S):

By motion, staff recommends approving the following actions that are needed for SD Media Productions’ Grand Tasting Event in West Plaza Parking Lot associated with the Healdsburg Food and Wine Experience in Healdsburg Thursday, May 18 - Monday, May 22, 2023:

1. Waive Healdsburg Municipal Code Section 9.12.170(A) that prohibits the consumption of alcohol in public parking lots for the Grand Tasting Event on Saturday, May 20, 2023 from Noon to 5:00 p.m.

2. Grant an exception to Healdsburg Special Events Policy Section 2 that prohibits use of a downtown event venue for more than 24 hours for the Grand Tasting Event, effective 7:00 a.m., Friday, May 19, 2023 to 10:00 p.m., Sunday, May 21, 2023

3. Approve one-way road closures on Plaza and Matheson Streets between Center Street and Healdsburg Avenue and Center Street between Plaza and Matheson Streets on Saturday, May 20, 2023, from 7:30 a.m. to 1:00 p.m. for the Saturday Farmers’ Market to relocate to the Plaza.

COMMUNITY ENGAGEMENT/OUTREACH:

The applicant has notified all merchants in the vicinity of the West Plaza Parking Lot and the Healdsburg Plaza in writing and has provided event details and the applicant’s contact information. This notification included sections of North Street, Matheson Street, Center Street, Plaza Street, and the courtyard areas of West Plaza Park that are adjacent to the proposed event space. The applicant would continue to coordinate all special event outreach to the residential

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and business community.

BACKGROUND:

On June 7, 2021 SD Media Productions submitted a special event permit application that proposed the use of West Plaza Parking Lot, North Street, and adjacent areas between May 20- 22, 2022 to accommodate a Grand Tasting as the signature event for the Healdsburg Wine & Food Experience. At the June 21, 2021 City Council meeting, Council considered the applicant’s request for consumption of alcohol, street closure, and 24-hour use authorization of the parking lot and adjacent areas. During the meeting, SD Media Productions agreed to several additions and modifications to their event scope, including featuring Sonoma County Wines, promoting Healdsburg hotels, and committing to a minimum charitable contribution to local non-profits.

Additionally, the applicant agreed to submit a post-event report and return to City Council after the Grand Tasting to provide an overview of the event.

SD Media Productions presented their post-event report at the August 1, 2022 City Council meeting and, on August 29, 2022, submitted an application for a special event permit for a 2023 Grand Tasting. Staff conducted an application review, held meetings with the City’s special event review team and applicant, and provided general feedback to the applicant on the application. As with the previous application, for the event to proceed as proposed and for Community Services staff to issue the requested permit, City Council must waive portions of the City’s Municipal Code and Special Event Policy.

DISCUSSION/ANALYSIS:

The 2023 Healdsburg Wine & Food Experience is scheduled to occur in Healdsburg from May 18-22, 2023 at various locations throughout the City and the surrounding area, including hotels, restaurants, wineries, and art galleries. The applicant proposes a Grand Tasting in the West Plaza Parking Lot on Saturday, May 20, 2023 from Noon to 5:00 p.m. The Grand Tasting is intended to be the focal point of the weekend and would include wine seminars featuring local wineries, cooking demonstrations sourcing most of the food from local farms, live music, and an overall theme focused on Healdsburg’s agrarian roots.

Figure 1 highlights the actions needed by Council before staff can issue a permit for the applicant’s proposed event:

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Figure 1 – Request Overview
Item Applicant Request Council Alternatives
Consumption of alcohol
in public parking lots
for the Grand Tasting
Applicant requests to serve alcohol
in the West Plaza Parking Lot
Saturday, May 20, 2023
Noon to 5:00 p.m.

Approve Deny, or Modify the
applicants requests for sale and
consumption of alcohol
pursuant to Healdsburg
Municipal Code Section

9.12.170(C)(1)
Extend beyond the 24-
hour special event use
restriction for the
Grand Tasting
Applicant requests to use West
Plaza Parking Lot
Thursday, May 18, 2023, from 7:00
a.m. until Monday, May 22, 2023,
at Noon
Approve, Deny, or Modify
applicant’s request to grant an
exception to the Special Events
Policy Section 2.

Request for one-way
road closures for the
Saturday Farmers’
Market
Applicant requests to following
road closures:

Plaza Street between Healdsburg
Avenue and Center Street May 20,
2023, 7:30 a.m. to 1:00 p.m.

Center Street between Plaza and
Matheson Streets Saturday, May
20, 2023, 7:30 a.m. to 1:00 p.m.

Matheson Street between
Healdsburg Avenue and Center
Street Saturday, May 20, 2023,
7:30 a.m. to 1:00 p.m.

Approve, Deny, or Modify
applicant’s request for one-way
road closures as required by the
Special Events Policy Section

4.g.

City staff in the Police, Fire, Public Works, and Community Services Departments have reviewed and provided feedback to the applicant. Staffs’ recommendations are as follows.

Request for alcohol consumption for Grand Tasting (HMC Section 9.12.170).

The applicant requests allowance of alcohol consumption in the West Plaza Parking Lot between Noon – 5:00 p.m. on Saturday, May 20, 2023 during the Grand Tasting event. HMC Section

9.12.070(A) provides that, unless otherwise permitted, it is unlawful for any person to consume alcoholic beverages in, among other things, public parking lots.

Staff Recommendation
Staff supports this request. If Council waives this section of Municipal Code and authorizes the consumption of alcohol for the event, staff would condition the permit to require a secure perimeter and event staff and licensed private security to monitor all entrance and exit ways of the event area during the consumption of alcohol timeframe. Admission to the event is by ticket only, with each participant receiving a wristband, and the participant’s ID’s would be checked at the entrance (entry for 21+ only). The applicant would also be required to meet all requirements of the Healdsburg Police Department and the California Department of Alcoholic Beverage

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Control (ABC).

The applicant is proposing to create an event perimeter along West Plaza Parking Lot to comply with these requirements. The perimeter would restrict access to the entire West Plaza Parking Lot, sidewalks within the parking lot, and the three pedestrian bridges leading into the lot. This perimeter would not restrict sidewalk access along Matheson Street, North Street, or Vine Street.

Attached is an event layout of the West Plaza Parking Lot, with the Farmers’ Market being held off-site.

Request to waive the 24-hour special event use restriction for Grand Tasting (SEP Section 2).

Section 2 of the Special Events policy states that no event shall use the West Plaza parking lot longer than 24 hours, including set-up, event, and clean-up. For staff to issue a permit for the proposed event, the Council must grant an exception to this policy provision.

The applicant has indicated that, due to the scale of the Grand Tasting, the applicant needs more than 24 hours to set up various portions of the event. The applicant proposes to start the set-up on Thursday, May 18, 2023 at 7:00 a.m., and complete clean-up by noon on Monday, May 22, 2023. This request adds an additional 49 hours to the time period during which West Plaza Parking Lot would be closed for public parking, as compared to the 2022 event, when the parking lot was closed from 7:00 a.m. on Friday, May 20 until 11:00 a.m. on Sunday, May 22.

Staff Recommendation
Staff does not support this request. Staffs’ opinion is that designating two additional days that West Plaza Parking Lot would be unavailable for public use would substantially interfere with the City’s ability to provide reasonable parking access to the downtown area. Staff recommends permitting the exclusive use of West Plaza Parking Lot from Friday, May 19, 2023 at 7:00 a.m. to Sunday, May 21, 2023 at 10:00 p.m., which provides the applicant an additional 11 hours of event setup and takedown time, as compared to the 2022 event.

Request for one-way road closures to relocate the Healdsburg Farmers’ Market to the Plaza.

The Healdsburg Farmers’ Market is held every Saturday from April 16 to December 17, from 8:30am to noon, in the West Plaza Parking Lot. The Food and Wine event would displace the Farmers’ Market on Saturday, May 20, 2023.

In the 2022 post-event report, City Council requested the applicant address the displacement of the Saturday Farmers’ Market. The applicant has been working with the Healdsburg Farmers’ Market Board to identify a plan to accommodate the Farmers’ Market that is scheduled for Saturday, May 20, 2023. The Healdsburg Farmers’ Market agreed to relocate the Saturday market to the Healdsburg Plaza from 7:30 a.m. to 1:00 p.m. under the following conditions:
• SD Media Productions shall begin the Grand Tasting at 12:00 p.m.to allow for more parking in the region and less traffic conflict.
• SD Media Productions shall help guide Farmers’ Market customers to the Plaza site, guiding longtime customers to the Plaza that day.
• The Plaza will be the Farmers’ Market site for that day, with vendors locating on Plaza, Center, and a portion of Matheson Streets.
• Farmers’ Market stall fees will be paid by SD Media Productions.

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• SD Media Productions shall create signage, provide advertising, and integrate messaging for Grand Tasting with Farmers’ Market schedule and new location. • SD Media Productions shall provide highly visible signage that assists market attendees with finding the Farmers’ Market location/navigating the entry points. • SD Media Productions shall allow Farmers’ Market customers to park in the 2 Northernmost isles of the West Plaza Parking Lot, where the Market was held during the same weekend in 2022.
• SD Media Productions shall request that the City open the 3 North Street Lot on May 20, 2023 for parking and create a safe visible route to from the lot/market.; and • SD Media Productions shall help Farmers’ Market customers take produce back to their cars.

SD Media Productions has agreed to all the Farmers’ Market conditions except their request to allow Farmers’ Market customers to park in the 2 Northernmost aisles of the West Plaza Parking Lot, as SD Media would like to use this space for the event buildout.

Relocating the Market would require the following road closures on Saturday, May 20, 2023 from 7:30 a.m. to 1:00 p.m.:
• Plaza St., between Healdsburg Ave. and Center St.
• Center St., between Plaza and Matheson Streets
• Matheson St., between Healdsburg Ave. and Center St.

The street and parking stalls in front of the businesses on Plaza Street would remain open to vehicular traffic to allow for patron and delivery access.

Staff Recommendation
Staff supports the plan to relocate the Market to the Plaza and the required street closures with the following exception: the City is not able to commit use of the 3 North Street Lot as it is anticipated to be under construction for the Foley Family Community Pavilion. As an alternative, staff recommends the Senior Center Parking Lot to accommodate a portion of the Farmers’ Market customer parking.

Request for Exclusive Use of City Hall Parking Lot
The applicant has requested exclusive use of City Hall Parking Lot on Saturday, May 20, 2023 from 7:00 a.m. to 5:00 p.m. to accommodate Grand Tasting vendor parking.

Staff Recommendation
Staff does not support this request. Staffs’ opinion is that permitting exclusive use of both West Plaza and the City Hall Parking Lots for the requested date and time would substantially interfere with the City’s ability to provide reasonable parking access to the downtown core.

Other Considerations
• Hotel Healdsburg Valet Parking - The applicant also proposes to use the portion of the West Plaza Parking Lot that Hotel Healdsburg currently leases for its valet parking service. Hotel Healdsburg notified the City that the hotel would consent to and support the applicant’s use of the hotel's valet parking area for any permitted dates.

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• Parking impacts- Staff anticipates impacts to parking in the downtown area associated with the event. The applicant has indicated that they would work with local hotels and wineries to shuttle participants as much as possible. Many participants visiting from out of the area are expected to stay in local hotels within walking distance of the event. Staff would condition the special event permit to require SD Media to submit a detailed parking plan. • SD Media Productions Commitments – For the 2022 event, SD Media Productions agreed to several requests from the Council during the June 21, 2021 Council meeting, including a minimum charitable contribution of $125,000 to local non-profits and a post-event report with a comprehensive financial report. Those agreements were added to the 2022 Conditions of Approval (attached).

For the 2023 Grand Tasting, SD Media Productions has provided staff with the following commitments (see attached email dated September 23, 2022):
o SD Media Productions will provide mid-way and final reporting on the number of hotel night stays that have been booked in Healdsburg associated with the event. o SD Media Productions will provide general reporting after the event. (Staff note: unlike the 2022 event, this commitment does not include a comprehensive financial report.)
o SD Media Productions shall make minimum charitable contribution to local non-profits:
$30,000 for Healdsburg Future Farmers Association; and $10,000 to Farm-to-Pantry. (Staff note: for the 2022 event SD Media Productions made a commitment to contribute a minimum of $125,000 to local charities. SD Media provided a total of $130,000 in charitable contributions: $100,000 to the Sonoma County Grape Growers Foundation and $30,000 to Healdsburg Future Farmers.)
o SD Media Productions shall hire a local event producer to manage the Grand Tasting. o SD Media Productions shall work with hotels located within the City of Healdsburg city limits that contribute towards Healdsburg Transient Occupancy Tax. o SD Media Productions will provide a special vendor rate for Healdsburg-based businesses that participate in the Grand Tasting as well as a discounted Healdsburg resident ticket rate for the Grand Tasting.
o SD Media Productions will seek to include Healdsburg-based sponsorships and purveyors.

In order to make a determination on the permit application, Staff seeks direction from the City Council on the three items noted in the recommended actions. Staff would then issue the permit consistent with Council direction. Staff also anticipates adding the following additional conditions:
(1) The applicant must submit a traffic control plan and confirm shuttle service locations outside of the downtown core;
(2) The applicant must provide a reminder notification to surrounding residents and businesses 4-6 weeks before the event;
(3) The applicant must provide status updates to and attend regular meetings with City staff as requested;
(4) The applicant must complete pre- and post-event walk-throughs of the venue with City staff; and

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(5) The applicant must provide a Certificate of Liability Insurance with Endorsement meeting the City’s minimum requirements.

In addition, the applicant will be required to follow all orders, regulations, ordinances, and guidelines of the California Department of Public Health (CDPH), the Sonoma County Health Officer, and the City of Healdsburg in effect at the time of the event.

ENVIRONMENTAL STEWARDSHIP:

The event is in the downtown corridor, accessible by transit, bicycle, and walking. SD Media would provide trash, recycling, and compost receptacles and portable restroom units to accommodate the increased foot traffic downtown. The applicant would be required to utilize as much reusable and compostable materials as possible to move towards zero-waste events, and would be required to meet or exceed all current waste and conservation requirements that are in place by the State, County and/or City at the time of the event. Applicant will submit a detailed waste management plan to be included in their permit packet.

ALTERNATIVES:
• Deny request for alcohol consumption on public streets, sidewalks, and rights-of-way.

Applicant would not be able to hold the event in the West Plaza Parking Lot or surrounding streets and would need to find an approved alternative location or cancel the event. • Deny waiver of 24-hour use restriction due to the impact on parking in the downtown area.

Applicant would be required to shorten their request and complete set-up, event implementation and, break down in the span of 24-hours. • Deny request for road closure. Applicant would need to find another location to accommodate the Saturday Farmers’ Market.
• Deny all or any combination of the above.
• Modify any portion of the request.
• Continue the item and reconsider at a future meeting.

FISCAL IMPACT:

Staff time in reviewing the permit application details, meeting with the applicant (both virtually and onsite), and preparing staff reports and any presentations for the City Council is intended to be included in the special event permit fees that are charged to the applicant. Any event-related work that requires additional City staff time would be charged back to the applicant as outlined in the Master Fee Schedule.

For services requested of City staff for which no fee is listed in the Master Fee Schedule, the director of the department whose services are requested will determine the appropriate fee, based on various hourly rates for staff time involved in the service or activity, that will be charged to the applicant. A rough cost break-down for the requested permit is as follows:

Base Fees
(1) $2,331.60 - Major Special Event Permit (one-time fee for processing event request) (2) $106 – Parking Lot Fee (per parking lot used for event including any public off-site parking areas required)
(3) $322.85 – City Council Review (staff time for development of staff report and presentation,

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per meeting)
Variable Fees (estimate)
The following is an estimate based on anticipated costs; the applicant would be required to reimburse the City for the actual costs incurred:
(1) $6,780 - $113/hr Community Services General Services Fee (FT staff for 60 hours) (2) $384 - $32/hr Community Services General Services Fee (PT staff for 12 hours) (3) $375 - $125/hr Public Works General Services Fee (FT staff for 3 hours) (4) TBD - $175/hr Police General Services Fee (No anticipated cost at this time. Cost would be determined due to the likelihood of increased volume of people and calls in the downtown area as a result of the event).
(5) $413 - $5.51/each Barricade Rental Fee (Estimated 75 barricades) The applicant would be responsible for the cost of all damage (beyond normal wear and tear) to City venues resulting from the event and for any repairs, litter removal, trash collection or other clean up caused by the event. All or part of the applicant’s damage deposit may be applied to the costs to address damages. Community Services staff would be on-site to ensure proper care is being taken with city facilities. The applicant would also be responsible for all associated event costs, including but not limited to event security, staffing, and staffing overtime.

ENVIRONMENTAL ANALYSIS:

The project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guidelines Sections 15304 Class 4(e) Minor Alterations to Land, because the proposed event constitutes a “minor temporary use of land having negligible or permanent effects on the environment including carnivals, sales of Christmas trees, etc.” ATTACHMENT(S):

HWFE 2022 - City of Healdsburg Permit Conditions
HWFE 2023 - Special Event Permit Application Packet
Email 9.23.22 - SD Media's General Commitments
Email 9.26.22 - SD Media's Charitable Contribution Commitment

8.A
Packet Pg. 203
-REVISED 3.14.2022-

City of Healdsburg
401 Grove Street
Healdsburg, California 95448
(707) 431-3128
[email protected]
Special Event Permit Conditions
Event: Wine & Food Experience
Grand Tasting Date: May 21, 2022
Location: West Plaza Parking Lot /
Downtown Set-up:

Friday, May 20 at 7:00 a.m. through
Saturday, May 21 at 11:00 a.m.

Applicant: SD Media Productions, LLC Event: Saturday, May 21 from 11:00 a.m. – 4:00 p.m.

Contact: Steve Dveris
(415) 302-6355 Clean-up:

Saturday, May 21 from 4:00 p.m. thru
Sunday, May 22 at 11:00 a.m.

A – PERMITTED SPACES
Location Start Time End Time Notes
West Plaza Parking Lot 7:00 a.m. May 20,
2022
11:00 a.m. May 22,
2022
• Must coordinate with Hotel
Healdsburg for use of valet
parking area.
• Must coordinate with the
Healdsburg Farmers’ Market for
use of West Plaza Parking Lot.
• Sidewalks and pedestrian
walkways need to remain
unobstructed.

North Street from
Grove/Vine Street to Foss
Street
6:30 a.m. May 21,
2022
1:00 p.m. May 21,
2022
• Sidewalks and pedestrian
walkways need to remain
unobstructed.

Matheson Street - 6 parking
stalls: 3 on North side of
roadway and 3 on South
side of roadway between
drive aisles.
7:00 a.m. May 20,
2022
11:00 a.m. May 22,
2022
• 6 parking stalls for staging
vehicles and equipment
• Sidewalks and pedestrian
walkways need to remain
unobstructed.
• No parking or staging equipment
in emergency zones.

West Plaza Park 7:00 a.m. May 21,
2022
8:00 p.m. May 21,
2022
• Sidewalks and pedestrian
walkways need to remain
unobstructed.
• No event vehicle access or
unloading on Emergency Vehicle
Access (EVA) lane.

Revisions:
-North Street open to through traffic
-Parking on South side of North Street (10 stalls) use for Farmers' Market vendors (May 21 - 6am-1pm) -Parking on East side of Vine Street (10 stalls) use for Vendor Parking (May 20-22 - All Day) -3 North Dirt Lot - Use for Event Vendor Parking (May 21 - All Day), must be monitored by parking staff -Use of former fountain area in West Plaza Park permitted for art display -Hotel Healdsburg valet parking confirmed within 0.3 miles at: Coyote Sonoma, 44 Mill St, Healdsburg

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Packet Pg. 204 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

B - HEALDSBURG CITY COUNCIL – CONDITIONS OF APPROVAL
At the Monday, June 21, 2021, Healdsburg City Council Meeting, SD Media Productions agreed to the following terms and conditions during Council’s deliberations:

1. Event Title
• Title of overall event will be called the “Healdsburg Wine and Food Experience”.

2. Hotel Booking Reports
• SD Media Productions will provide periodic reports indicating the number of hotel night stays that have been booked in Healdsburg associated with the event. This report is intended to assist with determining parking needs and the event’s impact to our local hospitality industry. SD Media shall provide this report on February 1, 2022, May 1, 2022, May 18, 2022, and a post-event report on June 30, 2022.

3. Post Event Report
• SD Media Productions shall submit a post-event report and attend a City Council meeting to present an overview of the event. The report and presentation must include a comprehensive financial report detailing revenues earned, amounts donated to local non-profits, and how the proceeds are being used to support local farm workers. This report must be submitted on June 30, 2022, with the City Council presentation date scheduled for a future meeting.

4. Minimum Charitable Contribution
• SD Media Productions shall make a minimum charitable contribution of $125,000 to local non-profits.

These contributions shall benefit the Healdsburg Future Farmers and Sonoma County Grape Growers Foundation. The post-event report required in A-3 must detail amount of funds to each organization.

5. Event Producer
• SD Media Productions shall hire a local event producer to manage the Grand Tasting by December 31, 2021.

6. Promoting Sonoma County Wines
• SD Media Productions shall feature a large percentage of local Sonoma County wines as part of the Grand Tasting. SD Media Productions shall report on the percentage of Sonoma County Wines on May 1, 2022.

7. Promoting Healdsburg Hotels
• SD Media Production shall work with hotels located within the City of Healdsburg city limits that contribute towards Healdsburg Transient Occupancy Tax to offer ticket packages that promote/encourage hotel night stays.

C - HEALDSBURG CITY COUNCIL – REQUESTS
While not considered conditions to the permit, Healdsburg City Council requested at the June 21, 2021 City Council meeting that SD Media Productions consider the following:

1. Local Sponsorship
• SD Media Productions is asked to seek Healdsburg-based sponsorships and purveyors.

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Packet Pg. 205 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

2. Discounted Healdsburg-Based Vendor Rate
• SD Media Productions is asked to provide a discounted vendor rate for Healdsburg-based wineries and businesses with a Healdsburg business license at an amount of up to 50 % off.

3. Additional Charitable Contributions
• SD Media Productions is asked to increase the fundraising goal above the stated $125,000. • SD Media Productions is asked to further support farmworkers through an additional contribution to the Healdsburg Day Labor Center.

SD Media Productions shall include reports on these three items as part of the Post Event Report.

D – SPECIAL EVENT CONDITIONS OF APPROVAL

1. City Costs
• This event is not sponsored by the City of Healdsburg and therefore SD Media Productions shall enter into a Cost Recovery Agreement with the City by January 5, 2021. The City will account for costs the City incurs for all planning, setup, event delivery, and takedown/cleanup including but not limited to City staff time, use of City equipment, and other internal and external costs. All City costs shall be the responsibility of SD Media Productions and will be reimbursed by means of a deposit account.

2. Deposit Account
• The City shall create a deposit account that will be used to reimburse the City for costs related to the event. SD Media Productions shall make an initial deposit of $5,000 into the deposit account on January 5, 2021.
• When the deposit balance reaches $1,250.00, SD Media Productions shall be required to replenish the deposit amount to the original $5,000.00.
• All or part of the deposit may be used to cover City expenses associated with the event including, but not limited to:
o City staff time associated with planning, setup, event deliver, takedown, and event follow-up. o Non-compliance to the permit parameters.
o Violation of any special event condition, policy, or ordinance. o Damage to City property not considered normal wear and tear. o Event cleanup.

3. Fees
• This event is considered a Major Special Event under the City of Healdsburg Special Event Policy.

The special event permit application processing fee is $3,676.12 and is due on January 5, 2021. • SD Media Projections is responsible for all associated event costs as approved by City Council in the most current version of the of City of Healdsburg Master Fee Schedule, attached. • For services requested of City staff for which no fee is listed in this Master Fee Schedule, the Director of the department whose services are requested shall determine the appropriate fee, based on approved hourly rates for staff time involved in the service or activity.

4. Insurance, Indemnification, and Waivers
The applicant is required to provide the following:

A. Signed a COVID-19 Liability Waiver for Facility Use (if applicable) by April 1, 2022.

B. COVID-19 safety protocols (if applicable) by April 1, 2022.

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Packet Pg. 206 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

C. A Certificate of Liability Insurance with Endorsement meeting the City’s minimum requirements by February 1, 2022 (Chapter 12.24 Special Events, Healdsburg Municipal Code: 12.24.080 - Insurance). As a condition of use of City of Healdsburg facilities or City programs, your organization must provide, at your sole expense, each of the following items as indicated:
o Proof of insurance comprised of certificate of Insurance and original Policy Endorsement of comprehensive general liability insurance written by one or more responsible insurance companies licensed to do business in California. This coverage must:
▪ This insurance is primary with respect to the additional insured named above. Any other insurance available to The City of Healdsburg, its officers, officials, caretakers, employees and volunteers shall be excess and noncontributing.” ▪ Name the City of Healdsburg, its officers, officials, caretakers, employees and volunteers as additional insured by endorsement against liability for injury to persons, damages to property and for the death of a person or persons arising or resulting from any act or omission on the part of your organization, its agents or employees. ▪ Include liability coverage for claims made by participants in your event/program. You are advised that any and all exclusions pertaining to athletic or recreational event/programs must be disclosed in the endorsement and failure to do so will not necessarily insulate your organization form individual liability for claims made as a result of the use of the facilities and your even/program. ▪ Be PRIMARY insurance with respect to the additional insured named above. Any other insurance available to The City of Healdsburg, its officers, officials, caretakers, employees and volunteers be excess and noncontributing. ▪ The comprehensive general liability insurance policy limits of such insurance shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. a. Any deductible or self-insured retention must be identified and approved by the City. In the event the deductible is deemed to be too great, the City may require you to have your insurer eliminate the deductible or reduce it. ▪ Include proof of Workers’ Comp Insurance as required by the State of California and Employer’s Liability Insurance.
o You must satisfy these requirements by furnishing the City with certificates of insurance and endorsements affecting the required coverage. The certificate and endorsements are to be on ISO-approved forms. The City will not accept a Certificate of Insurance alone as proof of insurance coverage. The City will not accept the wording listed in the box below in the Description of Operations box on the Certificate.
o Please refer to page 14 of your special event permit application for a comprehensive account of the City of Healdsburg’s insurance requirements.

5. Event Layout and Installation
• SD Media Productions shall provide a preliminary event layout on February 1, 2022 for City review.

The City shall provide comments and required changes for the preliminary event layout to SD Media Productions.
• SD Media Productions shall provide a final event layout to the City on March 15, 2022 for final City approval. No changes to the event layout shall be made without written consent of the City. • All equipment such as tents and stages must be installed so as not to damage parking surfaces, walkways, lighting, trees or landscaping, or other City infrastructure. No drilling into pavement or ground is permitted, and nothing can be attached to City property such as light poles or signs.

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Packet Pg. 207 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

• A 6’ clearance must be provided at all times to any public utility box, panel, or fixture. • Special event shall not exclude the public from the general use of West Plaza Park.

6. Trash, Recycling, and Composting
• SD Media Productions shall use as much reusable and compostable materials as possible to move towards a zero-waste event.
• SD Media Productions shall be required to meet or exceed all current waste and conservation requirements that are in place by the State, County and/or City at the time of the event, and must conform to all applicable municipal and county codes and regulations, including serving products and food waste.
• SD Media Productions shall work with Recology, the City’s refuse hauler, to develop and submit a waste management plan for City review no later than March 15, 2022. • SD Media Productions shall confirm final count of waste bins (garbage / recycle / compost) and portable restrooms facilities by April 1, 2022.
• All trash, recycling, and compost units shall be removed on or before 11:00 a.m. May 23, 2022.

7. North Street Closure
• SD Media Productions shall coordinate the closure on North Street. This closure will require Public Works Department staff time to conduct the closure and placement of road signage to notify the public of the partial closure/no thru access.
• SD Media Productions shall:
o No-Parking Signage – Post “No-Parking / Tow Away” a-frame signage:
▪ West Plaza Parking Lot subject to the closure a minimum of 24 hours prior to event. A-frame signage must be in place by 7:00 am, May 19, 2022.
▪ On both sides of North Street subject to the closure a minimum of 24 hours prior to event. Aframe signage must be in place by 6:30 am, May 20, 2022. ▪ 6 parking stalls on Matheson Street. A-frame signage must be in place by 7:00 am, May 19, 2022.
▪ SD Media shall coordinate signs and barricades from Community Services 30 days prior to the event.
o Road Signage – Coordinate with Public Works for installation of required road closure signage based on the approved traffic control plan.
o Traffic Control – Designate a staff member or volunteer in a safety vest at the intersections of Healdsburg Avenue and North Street to assist detouring traffic. o Emergency Lane – Maintain an unobstructed 10’ emergency lane along the entire length of the North Street closure at all times.
o Public Noticing – Notify all business and residences in the area of the West Plaza Parking Lot of the street closure by May 1, 2022. This shall include event details, North Street closure days and times, contact information, etc. The minimum scope of this notification should reach. ▪ North Street (between Vine Street and Healdsburg Ave) ▪ Foss Street (plus all businesses who access the back of their business from Foss Street) ▪ Matheson Street (between Vine Street and Healdsburg Ave) ▪ Hotel Healdsburg
▪ Farmer’s Market
▪ All businesses in the proximity of West Plaza Park (business complexes between West Plaza Park and Healdsburg Ave).

8.A.a
Packet Pg. 208 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

• SD Media Productions shall work with the Healdsburg Farmers’ Market to encourage market attendees to park in the City Hall public parking lot or take alternative modes of transportation.

8. Safety & Risk Management
• SD Media Productions shall prepare and submit a Risk Management Plan that includes mitigation measures for combating potential risks and hazards on March 1, 2022. The plan must include (but is not limited to):

A. Identifying and prioritizing risks associated with the event and assigning mitigation measures B. A medical response plan including but not limited to the staging of medical personnel throughout the duration of the event and medical incident response protocols. • SD Media Productions is required to follow all orders, regulations, ordinances, and guidelines of the California Department of Public Health (CDPH), the Sonoma County Health Officer, and the City of Healdsburg in effect at the time of the event.
• Pedestrian emergency exits must be provided at four separate and clearly signed egress points at the event site. These emergency exit points should be clearly labeled on the event layout/map.

9. Parking & Traffic
• SD Media shall prepare and submit a Parking Control Plan for City review on March 1, 2022. The plan must include (but is not limited to):
o Traffic detouring and routing associated with the North Street street closure. o Specific shuttle pick-up locations outside of the downtown core with corresponding parking capacity.
o Specific shuttle drop-off location (must avoid crossing of streets by pedestrians). o Methods used to encourage and promote accessibility of shuttle service locations outside of the downtown core and encourage alternative modes of transportation other than personal vehicles. o Specific location of Healdsburg Hotel valet parking.
o Number of parking spaces inaccessible to public parking due to the event footprint during the event hours (i.e., West Plaza Parking Lot, North Street, Vine Street, Shuttle drop-off, Relocation of Healdsburg Hotel valet, etc.).

10. Event Planning Updates
• SD Media Productions shall meet with the City’s Facilities and Events Supervisor (and other City staff as needed) as specified below. SD Media Productions shall work with the Facilities and Events Supervisor to schedule these meetings.
o January 2022
o February 2022
o March 2022
o April 2022
o May 9-12, 2022 (On-site: Pre-Event Walkthrough)
o May 22, 2022 (On-Site: Post-Event Walkthrough)
• SD Media Productions must respond to requests from the Special Event Permit Committee to provide a status update at any time.

11. Restrictions & Violations
• Live and/or recorded amplified sound or excessive noise is prohibited during daytime hours: before 7:00 a.m. and after 8:00 p.m.

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Packet Pg. 209 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

• Any violation of any special event permit requirements shall be noted, and the event may be subject to sanctions by the City in subsequent applications, up to and including denial of future use. • City reserves the to terminate all or part of this permit immediately without notice if the SD Media Productions does not adhere to all city requirements or if the facility is damaged or destroyed. • Filming activities for the purpose of motion picture, commercial, or videotaping on or of City property for commercial purposes is prohibited without a City of Healdsburg Film Permit. A film permit can be obtained by contacting Facilities and Events Supervisor, Matt Milde at (707) 431-3128 or [email protected].
• Discharge of weapons, explosives, firearms, or pyrotechnics is prohibited.

12. Other Conditions
• All vendors must obtain a Healdsburg Businesses License by April 1, 2022. • SD Media Productions shall assure that all participants selling goods and services adhere to local requirements.
• SD Media Productions shall be responsible for the cost of all damage to City venues resulting from the event and shall be responsible for any repairs, litter removal, trash collection or other clean up caused by the event. All or part of the damage deposit may be applied to costs. • No vehicles, trailers, portable BBQ’s, etc. shall be driven or parked on City-owned sidewalks or lawns. • No digging or cutting of any shrubs, vegetation, and/or trees. • No spray paint or chalk used on roads, parking areas, grass, sidewalks, etc. • The onsite event organizer shall retain a copy of the special event permit and keep on location. (Ord. 819/1, 1987. Code 1964/16-A-10)
• The City must approve, in writing, any modifications to the event after the event permit has been issued.
• Special event set-up & break-down activities are permitted during day-use hours only, from 7:00 a.m. to 10:00 p.m.

C – HEALDSBURG POLICE DEPARTMENT CONDITIONS OF APPROVAL

1. All state laws, city ordinances and parking regulations are subject to enforcement.

2. Amplified Sound
• Must be kept at a reasonable level and not violate Healdsburg Municipal Code at any time during the event, including setup and takedown.

3. Private Security
• SD Media Productions must provide for private security as outlined on page 9 of the special event application. The required number of security guards is subject to any changes to the layout or scope of event. (a copy of the security contract must be provided by April 1, 2022).

4. Handicapped, Bus, or Taxi Zones
• Portable toilets and dumpsters shall not block disabled spaces or bus and taxi zones. Locations for such must be posted 24 hours in advance of anticipated delivery with “No-Parking / Tow Away” signs.

Signs and barricades may be obtained from police department prior to event.

5. Alcohol

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Packet Pg. 210 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

• Alcohol sales must be in conjunction with a valid ABC license (obtained by April 1, 2022) and a city council waiver must be obtained. (HCO 9.12.170). City Council waiver obtained on June 21, 2021. • Persons purchasing or being served alcohol must be 21 or older. Valid identification must be shown.

Must have hand stamped or be issued a wristband. No alcohol to be sold or served to intoxicated persons.
• All alcohol sales and service to stop at 3:45 pm.

6. Perimeter Control
• Perimeter of event area must be fenced and posted with signs indicating no alcohol outside of event area. Fencing shall be of a type that prevents people from entering or exiting, except at designed spaces. Event organizer must provide the police department with fencing specifications no later than February 1, 2022.
• SD Media Productions or their designee shall be stationed at gates to prevent persons from leaving event area with open alcohol. Persons with alcohol outside of event area may be subject to citation. (HMC 9.12.170).

7. Police Staffing
• This event has the potential to bring a significant increase in people to the City of Healdsburg. Given the increase in people and traffic, the police department reserves the right to require increased staffing during the event at a ratio of 1 officer per 1,000 attendees. Event organizers shall provide the Police Department with current and anticipated attendance numbers April 1, 2022, May 1, 2022, and May 18, 2022. Police will determine the number of officers and the duration they will be required. The cost will be billed to the event at the rate indicated on the approved master fee schedule at that time.

D – HEALDSBURG FIRE DEPARTMENT CONDITIONS OF APPROVAL

1. Cooking Booth and Food Truck Requirements
• Food vendors must comply with the cooking both requirements as listed in the attached inspection form and drawing. Vendors will be inspected prior to the event. • Barbeques and cooking apparatus must be located 10 ft. away from any combustible materials including tents and canopies.
• Fire extinguishers are required at all cooking booths. • Grills and deep fat fryers that give off grease laden vapors are required to be at least 18 inches to the exterior of the booth.
• Propane is to be stored outside of the membrane.
• Food trucks shall have the Ansul system tagged as inspected and certified within 6 months of the date of the event.

2. Tents
• Tents over 400 sq. ft. will require a tent permit and will require inspection from Healdsburg Fire Department. The permit will provide the tent owner/operator of the above listed requirements. The tent permit application can be found online at www.healdsburg.gov under Fire Department. • No open flame will be allowed under the tent structure. Tents shall be subject to the Parking, Cooking, No Smoking, and other requirements as identified in T-19 CCR, CFC 3203. • If 50-gallon poly drums are used to secure tents, the drums must be clean of chemicals or debris prior to filling.
• Tent permit applications shall be submitted March 1, 2022.

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Packet Pg. 211 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

3. Emergency Vehicle Access (EVA) West Plaza Parking Lot • SD Media Productions shall maintain a 10-foot-wide EVA through the West Plaza Parking Lot between North to Matheson Streets. The EVA can be used by pedestrian traffic but shall not have objects that cannot be quickly moved during an emergency.

4. Emergency Vehicle Access (EVA) North Street
• SD Media Productions shall maintain a 10-foot-wide EVA through North Street between Healdsburg Avenue and Grove Street during the street closure hours. The EVA can be used by pedestrian traffic but shall not have objects that cannot be quickly moved during an emergency.

5. Vehicles Blocking Entry at Entrances to Event
• If vehicles are used to block the ends of the street the vehicles shall have the keys left in them in case of emergency.

6. Consultation Meeting
• SD Media Productions shall schedule a meeting and site walk to discuss the spacing requirements between food booths and tent requirements. Call the Fire Marshal to schedule at (707) 431-3125 (schedule by April 20, 2022).

7. Loading and Unloading
• All loading and unloading of merchandise and materials shall not block the roadways around West Plaza Park / West Plaza Parking Lot for Emergency Vehicle Access.

8. Inspection
• Contact the Healdsburg Fire Department Fire Marshal prior to the event for inspections of the tents and vendor booths at (707) 431-3125. A 48-hour inspection notice must be given.

F – CONDITION DEADLINES
December 31, 2021 Provide contact information of local event producer who will manage the Grand Tasting
January 2022 Status Update Check-in Meeting
January 5, 2022 Initial Event deposit and permit application fees due Special event permit application processing fee is due
February 2022 Status Update Check-in Meeting
February 1, 2022 Provide preliminary Special Event Layout Provide report on the number of hotel night stays in Healdsburg associated with the event.

Provide fencing specifications
Provide Certificate of Liability Insurance with Endorsement March 2022 Status Update Check-in Meeting

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Packet Pg. 212 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and -REVISED 3.14.2022-

March 1, 2022 Provide Traffic Control Plan
Submit Tent Permit Application
Provide Risk Management Plan
March 15, 2022 Submit a Waste Management Plan
Finalized Special Event Layout
April 2022 Status Update Check-in Meeting
April 1, 2022 Provide preliminary attendance numbers
Provide copy of security contract
Obtain ABC license for alcohol sales
COVID-19 Liability Waiver
COVID-19 Safety Protocols
Confirm final count of waste bins (garbage / recycle / compost) and portable restrooms facilities
All vendors must obtain a Healdsburg Businesses License April 20, 2022 Schedule Consultation Meeting with Fire Department Coordinate “No Parking” signs and barricade pick-up from Community Services
May 1, 2022 Provide current attendance numbers
Public notification deadline
Provide report on the percentage of Sonoma County Wines Provide report on the number of hotel night stays in Healdsburg associated with the event
May 9-12, 2022 On-site: Pre-Event Walkthrough
May 18, 2022 Provide final attendance numbers
Provide report on the number of hotel night stays in Healdsburg associated with the event.

May 19, 2022 “No Parking” signage in place: West Plaza Parking Lot and Matheson Street by 7:00 a.m.

May 20, 2022 “No Parking” signage in place: North Street by 6:30 a.m.

May 22, 2022 On-Site: Post-Event Walkthrough
May 23, 2022 All trash, recycling, and compost units removed by 11:00 a.m.

June 30, 2022 Post-event report submitted
August 2022 City Council Event Recap presentation
All required materials outlined in the above conditions are due by the assigned date to Recreation Supervisor, Matt Milde (707-431-3128 / [email protected]).

We hope that your special event is a success.

If you have any questions related to the attached conditions, please contact Recreation Supervisor, Matt Milde at (707) 431-3128.

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Packet Pg. 213 Attachment: HWFE 2022 - City of Healdsburg Permit Conditions (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and

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Packet Pg. 214
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and SD

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Packet Pg. 215
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and Healdsburg Wine & Food Experience May 18-21, 2023
Steve Dveris
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CEO, SD Media Productions
SD Media Productions, LLC
SD
7/25/2022

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Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and Healdsburg Wine & Food Experience
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2022 was first year
West Plaza Parking lot + other private locations in Healdsburg area X West Plaza Parking Lot
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SD Media Productions LLC
3234 Atherton Circle, Napa, CA 94558
415-302-6355 [email protected]
May 18-21, 2023
Thursday, May 18, 2023 7am
Saturday, May 20, 2023 11am
Saturday, May 20, 2023 Monday,
5/22 at 12pm
Saturday, 5/20 at 4pm
partnering with El Corazon, SoCo Grape Growers Assn, Farm to Pantry & FFA 15/100
2,000
15/300
Judy Walker 707-953-3909
Christine Calegari 415-672-4442
[email protected]
7/25/2022
SD
Use of West Plaza Park:Sat 5/20 7am-5pmSun 5/21 7am-5pmno use over 24hrs, we will break down at the end of the event on Saturday and set up again Sunday morning Similar to HWFE 2022, the area will be used for guest check-in WEST PLAZA LOT:

Requesting use of the art installation area if available at the time of the event. 5pm
2,000

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A multi-day curated world class wine and food festival celebrating agriculture and sustainability with a focal point on the Grand Tasting in the West Plaza Lot showcasing local, national and international wine and food companies.The Grand Tasting is a ticketed event, fenced and 21 years and over. The event to benefit community based agricultural organizations including Sonoma County Grape Growers Foundation, El Corazon, Farm to Pantry and Future Farmers of America.

SDs

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Packet Pg. 219
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and SD

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Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and X
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With the expectation of 2,000 attendees we will need additional parking.

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City Hall Parking Lot
5/20 & 5/21 40 7am 5pm
Matheson Street & Vine Street (same as 2022)
5/18-5/22 10 7am 5/18 12pm 5/22
SD
Requested for Grand Tasting vendor parking
Matheson Street (one-way) 5/20/2023
7:30am 1pm
Healdsburg Ave Center Street
Center Street (one-way) 5/20/2023
Matheson Street Plaza Street
7:30am 1pm
Plaza Street on 5/20/2023From Healdsburg Ave to Center St.7:30am - 1pm To allow for Farmers' Market in Healdsburg Plaza
TBD
Also requesting Senior Center Parking Lot for Farmers' Market on Sat 5/20/23 from 7:30am - 1pm - we will provide attendants to direct guests and monitor the lot

8.A.b
Packet Pg. 221
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and X
TBD
TBD
X
Multi-media approach using all forms of media - radio, print, social media, web, direct mail, and email.

In 2022 we had significant media present during the weekend - covering food, wine, agriculture and lifestyle + promoting Healdsburg as a destination.

X
SD

8.A.b
Packet Pg. 222
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and X
X TBD - similar in size and scope as 2022
X one or two
X TBD
TBD - similar in size and scope as 2022
TBD - not yet booked
X TBD
Band will play during the grand tasting event (with amplified sound) and announcements.

X
TBD
X
X
X
TBD
This can be provided once we have confirmed our food vendors. We had 12 in 2022.

X
SD

8.A.b
Packet Pg. 223
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and X
X
X
Festival Merchandise
SD
11am 5pm on Saturday, May 20, 2022

8.A.b
Packet Pg. 224
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and X
X 12
X 2
X minimum of 4 + portalets are equiped with handwashing sinks TBD TBD
X
X
X
X
TBD
TBD
TBD
in 2022 we used RentaFence
In 2022 we worked with Green Mary and Recology to determine our garbage/recycle needs based on number of vendors andtypes of trash. We are trying to be as green as possible. We will do the same in 2023.

SD

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Packet Pg. 225
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and Email, social media, phone would all be methods used to notify vendors and public if we needed to cancel.

X
X
SD
7/25/2022

8.A.b
Packet Pg. 226
Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and Healdsburg Wine & Food Experience – Special Event Permit Application 2023 Supplemental Details Updated 9/21/2022
Feedback Received: Event Date
Based upon Council comments and feedback, we looked at possibly changing the event date. However, after careful consideration, we feel that we are unable to do so. January through March are not feasible due to weather. As the majority of our events are outdoors, even more time would be needed to tent the entire West Plaza Lot and costs would increase for both this and other venues as well to be prepared in case of rain (or hail, as we saw in early May 2022). Also, we’ve received a lot of comments from guests who really enjoyed being able to walk between venues and to shops/restaurants nearby, so rainy weather could potentially both increase the impact on traffic/parking and decrease the support of local businesses by our guests. We gave serious consideration to April as well but, in addition to possible complications from less favorable weather, there are too many competing events (to name a few: Apple Blossom, Butter & Eggs, Pebble Beach Food & Wine will be returning) along with a holiday weekend followed by Spring Break. As a result, we feel it would be extremely difficult to produce a successful event in any earlier Spring months. In consideration of the anticipated weekend (May 18-21, 2023), we are looking at a greater chance for good weather, some of the major venues we would like to work with have already confirmed availability for our event, and there seem to be less competing events. Plus, as we have seen from our attendance numbers in 2022, it was a weekend that worked for our guests and partners as well.

We do understand that May is already a popular time for tourists to visit Healdsburg so in an effort to increase our value to the community, we are planning to start the event on a Thursday next year instead of Friday. This will increase hotel stays on weekdays (especially Thursday) and increase TOT $ for the overall weekend. In addition to people staying Wednesday and Thursday nights, we also expect an increase in Friday night stays. In 2022, the limited selection of à la carte events were available on Saturday only, so people came up for just that one night. However, in 2023 we are planning to offer more à la carte events on Friday and Saturday so that people can put together their own weekend agenda without having to buy one of the higher priced packages and we believe they will be more likely to stay over Friday night as a result.

We are also planning to hold 1-2 preview events in early Winter (Jan/Feb) with part of the proceeds contributing to local charitable organizations. Doing events like this throughout the year as we move forward with the annual HWFE event will increase our ability to support the Healdsburg community and economy in the off-season months.

Feedback Received: Farmers Market
We have worked out a plan with the Farmers’ Market Board for the date of our event, May 20, 2023. The plan is as follows, and has been agreed to by all:
• Farmers’ Market will re-locate to the Plaza on Saturday, May 20, 2023 • HWFE will adjust our start time to avoid overlapping our Grand Tasting with the Market • HWFE will cover the market stall fees that day for participating vendors • HWFE will promote the Farmers’ Market and provide highly visible signage day-of to direct guests to the Plaza location
• HWFE will provide a concierge booth within the Market where guests can find assistance in getting their purchases back to their cars

8.A.b
Packet Pg. 227 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and • As part of the HWFE permit application, we are requesting half-street closures on Plaza, Center and Matheson around the Plaza from 7:30am-1pm.
• HWFE will work with City and/or private lots to secure additional parking and provide shuttles for Market guests Feedback Received: Barrier Fencing
We also heard feedback that the “wall” between our event and the Farmers’ Market was problematic and wanted to address those comments. Unfortunately, the barrier is required by ABC due to this being a 21+ event where alcohol is served and was also required as a condition of our permit. If there is an opportunity for the Farmers’ Market to move to the Plaza on the day of the event, this would not be an issue. Of course, we do not know all of the logistics involved in such a decision but are discussing with the Farmers Market Board whether that might be an option. If we do share the lot, we will make every effort to work together with the Farmers Market to find a mutually agreeable solution.

As far as the look of the fence, we are exploring other options to address this. Because of the tight window of time we have to set up and break down, temporary fencing provides us limited options. The privacy fence we used last year was selected to achieve 2 goals: 1) hide our back of house for the benefit of the Farmers’ market, and 2) shield our guests from the backside of the vendor booths at the Farmers’ Market. With more time, we feel that there’s an opportunity to get more creative and find an alternative solution.

Notes on request for additional days/time:
- We plan to add additional tent(s) to provide more shade to make guests and vendors more comfortable, which will require more set up and strike time
- We need additional time to set up adequate prep areas - More time to set up/strike will decrease overnight noise/disruption to the community and provide a safer environment for our team
- We want to leave the space in the best condition possible (as good as or better than before we started) and will need time to clean up after everything is broken down/removed from the lot

8.A.b
Packet Pg. 228 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and

8.A.b
Packet Pg. 229 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and September 26, 2022
Dear Merchant:

SD Media Productions, LLC will be hosting the Grand Tasting as part of the Healdsburg Wine & Food Experience on Saturday, 5/20/23 between the hours of 11am – 5pm. In order to create a safe environment for participants, we are requesting to:
• Hold the Grand Tasting event in the West Plaza Parking Lot from 12pm – 5pm on May 20, 2023, as well as utilizing the courtyard areas of West Plaza Park on May 20, 2023 from 7am-5pm. • Within the fenced Grand Tasting area, allow alcohol consumption (attendees must be 21yrs+, show ID, and will have an identifier such as a wrist band), as well as have amplified sound for live music and/or wine/food related seminar/demonstrations
• Set-up in the West Plaza Lot beginning Thursday, May 18 at 7am and tear down after the event to Monday, May 22 at 12pm, including designated street parking spots on North Street & Matheson Street that were utilized for the May 2022 event.
• Between the hours of 7:30am-1pm on Saturday, May 20, 2023, request half road closures (one way traffic) around the Plaza on Matheson Street, Center Street and Plaza so that the Farmers’ Market can operate in the Plaza for that day’s market.

The street, sidewalk and entrance to your business will remain open and unobstructed throughout the duration of the event. This request will be brought forward to the City Council during their regularly scheduled meeting on Monday, October 3, 2022 at City Hall starting at 6:00 p.m.

We thank you in advance and want to assure you that we will do everything we can to limit the impact on your business/residence. Our goal is to have a positive impact on Healdsburg and local businesses. If you have any questions or concerns, please contact us at:

Healdsburg Wine & Food Experience
Steve Dveris, CEO/President
SD Media Productions
[email protected]
415-302-6355
Thank you for your time and we hope you will consider joining us at the 2023 Healdsburg Wine & Food Experience!

8.A.b
Packet Pg. 230 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and July 25, 2022
City Council of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Dear Healdsburg City Council:

We are proposing year 2 of the Healdsburg Wine & Food Experience to take place May 18 – 21, 2023. As the inaugural year has shown, HWFE positively impacts local tourism, hospitality, retail and other businesses, and also benefits the local community and farmers. The focal point of the weekend will be a Grand Tasting held in the West Plaza Parking Lot during the weekend. As part of the Grand Tasting, there would be food and winery booths in the lot.

We are requesting the ability to have alcohol served as part of this event. The event itself would be ticketed, with ID’s checked to ensure attendees are 21+ years old, with private security, as well as an event perimeter (fencing), for the safety of the community.

We are committed to creating a respectful and meaningful event. The ability for wineries to serve during this event time will provide exposure to their business, increasing their future sales and consumer visits the local tasting rooms, encouraging people to continue to explore the local wineries, restaurants, and city of Healdsburg. Our goal is to continue this an annual event that is embraced by the community, elevates Healdsburg and highlights the entire region.

Thank you for your time and consideration.

Sincerely,
Steve Dveris
President/CEO
SD Media Productions LLC
415.302.6355
[email protected]
3234 Atherton Circle
Napa, CA 94558
415.302.6355

8.A.b
Packet Pg. 231 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and West Plaza Lot
- HWFE 2023 – Full Lot 8.A.b
Packet Pg. 232 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's Plaza Park
- HWFE 2023 8.A.b
Packet Pg. 233 Attachment: HWFE 2023 - Special Event Permit Application Packet (3731 : SD Media's From: Christine Calegari
To: Matt Milde
Cc: Steve Dveris; Judy Walker; [email protected]; Jessica Dal Porto; Mark Stanich Subject: RE: Wine & Food Experience Questions
Date: Friday, September 23, 2022 9:58:55 AM
Attachments: image001.png
Hi Matt,
We’ve reviewed what was included last year and here is what we can include as conditions for 2023:

1. SD Media Productions will provide mid-way and final reporting on the number of hotel night stays that have been booked in Healdsburg associated with the event.

2. SD Media Productions will provide general reporting after the event.

3. SD Media Productions shall make charitable contributions to local non-profits.

4. SD Media Productions shall hire a local event producer to manage the Grand Tasting

5. SD Media Productions shall work with hotels located within the City of Healdsburg city limits that contribute towards Healdsburg Transient Occupancy Tax

6. SD Media Productions will provide a special vendor rate for Healdsburg-based businesses that participate in the Grand Tasting as well as a discounted Healdsburg resident ticket rate for the Grand Tasting

7. SD Media Productions will seek to include Healdsburg-based sponsorships and purveyors.

Regarding the post-event reporting, we would just want to make sure that it won’t hold up a permit application for 2024 if we re-apply for use of the lot.

Also, Steve reached out to Dave Kiff to discuss the option of using the Senior City Lot but hasn’t heard back yet, so if you are good to proceed with the current plan and update City Council verbally, that works for us.

Let us know if you have any questions.

Thanks,
Christine
From: Matt Milde <[email protected]>
Sent: Friday, September 23, 2022 5:42 AM
To: Steve Dveris <[email protected]>; Christine Calegari <[email protected]> Subject: Wine & Food Experience Questions
Importance: High
Steve / Christine,
Below are some additional items we need to confirm. Some of these I know we have already gone over, but confirming so we have everything accurate for the staff report and I don’t want to make any assumptions. I know there is a lot here, but hoping this will be quick for you.

Last year, SD Media Productions agreed to the below terms and conditions during Council’s deliberations at their June 21, 2021 meeting:

1. SD Media Productions will provide periodic reports indicating the number of hotel night stays that have been booked in Healdsburg associated with the event.

2. SD Media Productions shall submit a post-event report and attend a City Council meeting to present an overview of the event. The report and presentation must include a comprehensive

8.A.c
Packet Pg. 234 Attachment: Email 9.23.22 - SD Media's General Commitments (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and financial report detailing revenues earned, amounts donated to local non-profits, and how the proceeds are being used to support local farm workers.

3. SD Media Productions shall make a minimum charitable contributions of $125,000 to local nonprofits. These contributions shall benefit the Healdsburg Future Farmers and Sonoma County Grape Growers Foundation.

4. SD Media Productions shall hire a local event producer to manage the Grand Tasting

5. SD Media Productions shall feature a large percentage of local Sonoma County wines as part of the Grand Tasting.

6. SD Media Production shall work with hotels located within the City of Healdsburg city limits that contribute towards Healdsburg Transient Occupancy Tax to offer ticket packages that promote/encourage hotel night stays.

Are you offering the same commitment as last year? If not, please provide detail on anything that has changed so I can include this in my staff report.

While not considered conditions to your 2022 permit, Healdsburg City Council requested at the June 21, 2021 City Council meeting that SD Media Productions consider the following:
• Local Sponsorship - SD Media Productions was asked to seek Healdsburg-based sponsorships and purveyors.
• Discounted Healdsburg-Based Vendor Rate - SD Media Productions was asked to provide a discounted vendor rate for Healdsburg-based wineries and businesses with a Healdsburg business license at an amount of up to 50 % off.
• Additional Charitable Contributions - SD Media Productions was asked to increase the fundraising goal above the stated $125,000.

Please let me know if you wish to commit to any of the above items that Council requested SD Media consider as part of your 2022 permit. I will add any changes to the staff report. Also, if you have any additional commitments you intend to offer, please let me know and I can include this as well.

Any word from Dave Kiff on your 9/20 e-mail? If not, I feel we can move forward with what we have and any updates can be verbally shared with City Council.

I’ll need to get your response by Noon today to keep your staff report in the review queue for the Oct 3 rd meeting. Apologies for the tight turnaround, just trying to tie-up these pieces to help guide your requests through our approval queue.

Thanks, again!

8.A.c
Packet Pg. 235 Attachment: Email 9.23.22 - SD Media's General Commitments (3731 : SD Media's Request for Alcohol Consumption, Road Closures, and From: Steve Dveris
To: Matt Milde
Cc: Christine Calegari; [email protected]
Subject: Local Healdsburg Organizations Commitment
Date: Monday, September 26, 2022 5:52:28 PM
Hi Matt,
This year our goal was to raise $25K for scholarship fund for local Healdsburg FFA. We surpassed that goal and raised $30K
Next year we will commit to raising a minimum of $30K for FFA And we are adding another local organization Farm-to-Pantry and we will commit to raising a minimum of $10K for FTP
This will be a total minimum commitment of $40k to local Healdsburg Organizations. Both of these organizations speak to the pillars of our event which is to honor the agricultural roots of Healdsburg, and support and focus on sustainability.

Thank you. Steve

8.A.d
Packet Pg. 236 Attachment: Email 9.26.22 - SD Media's Charitable Contribution Commitment (3731 : SD Media's Request for Alcohol Consumption, Road

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: October 3, 2022
SUBJECT: Written Communication from Community Development Director Scott Duiven regarding Planning Commission actions taken on August 9, 2022 and September 13, 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 was available for viewing live on our website and continues to be available as a video recording.

During the meeting opportunity for public input was provided.

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 August 9, 2022 and September 13, 2022 meetings.

11.A
Packet Pg. 237
ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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 20220809
PC Summary 20220913

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Packet Pg. 238

REPORT TO COUNCIL
SUBJECT: Actions taken by the Planning Commission on August 9, 2022

1. ROLL CALL
Commissioners present: Breznikar, Brunner, Eddinger, Gerlach, Luks, McKay Commissioners absent: Hunt
City Staff present: Community Development Director Scott Duiven, Senior Planner Ellen McDowell, Administrative Technician Griselda Villarreal

2. ADMINISTRATIVE ACTIONS
A. The Commission voted 6-0 (Hunt absent) to approve the August 9, 2022, agenda.

B. The Commission voted 6-0 (Hunt absent) to approve the June 28, 2022 minutes.

C. Acceptance of Communications and Correspondence: None D. Declarations of Conflicts of Interest: None
E. Disclosures of Ex Parte Communications: None

3. PUBLIC COMMENTS:

Marilyn Joyce asked if accessibility is within the Commission’s purview. She spoke about downtown accessibility and the conflict with parklets and other sidewalk obstructions and asked that someone look at the issue.

Chair Eddinger asked staff to relay the comments to the Public Works Department.

4. NEW BUSINESS:

A. Election of Officers. The Commission voted 6-0 to appoint Commissioner Luks to the position of Chair. The Commission voted 6-0 to appoint Commissioner Brunner to the position of Vice Chair.

5. COMMISSIONER AND SUBCOMMITTEE REPORTS: None

6. DIRECTOR’S REPORT: Director Duiven reminded the Commission that the August 23, 2022 meeting has been cancelled and briefly described the likely content of the upcoming meetings.

The regular meeting adjourned at approximately 6:08 PM.

A workshop immediately followed the regular meeting regarding a proposed mixed-use project at 444 Healdsburg Avenue. The Commission received a presentation from the applicant, entertained public comment both in person and via Zoom, and provided feedback to the applicant.

11.A.a
Packet Pg. 239 Attachment: PC Summary 20220809 (3776 : PC Summary 8-9 and 9-132022)

REPORT TO COUNCIL
SUBJECT: Planning Commission Actions Taken September 13, 2022

1. ROLL CALL
Commissioners present: Breznikar, Eddinger, Hunt, Luks, McKay Commissioners absent: Brunner, Gerlach
City Staff present: Community Development Director Scott Duiven, Senior Planner Ellen McDowell, Administrative Technician Griselda Villarreal

2. ADMINISTRATIVE ACTIONS
A. The Commission voted 5-0-2 (Brunner and Gerlach absent) to approve the September 13, 2022 agenda.

B. The Commission voted 5-0-2 (Brunner and Gerlach absent) to approve the August 9, 2022 minutes.

C. Acceptance of Communications and Correspondence: None D. Declarations of Conflicts of Interest: None
E. Disclosures of Ex Parte Communications: None

3. PUBLIC COMMENTS: None

4. PUBLIC HEARINGS
A. The Commission voted 5-0-2 (Brunner and Gerlach absent) to approve Land Use Code Amendment LUA 2022-02, recommending amendments to; Healdsburg Municipal Code Section 20.16.150 (Number of required vehicular spaces); Section 20.08.145 (Permitted and conditionally permitted uses: PR, CD and CS Districts), Table 10; Section 20.20.075 (Alcoholic Beverage Establishments); Section 20.28.310 (Definitions). The Commission further asked that the City Council consider reviewing the impacts of the changes to the in-lieu parking requirements 12-18 months after adoption.

5. NEW BUSINESS: None

6. COMMISSIONER AND SUBCOMMITTEE REPORTS: None

7. DIRECTOR’S REPORT: Director Duiven reported on the following:
 Anticipated items for the 9/27 Planning Commission meeting include: Design review for 155 Dry Creek Road Affordable Housing, and 1520 Healdsburg Avenue, a proposed dental office  October meetings likely to include: Housing Element Draft review, Design Review for 450 Parkland Farms Blvd. Affordable Housing, and a workshop regarding a Cannabis ordinance The meeting adjourned at 6:41 PM.

11.A.b
Packet Pg. 240 Attachment: PC Summary 20220913 (3776 : PC Summary 8-9 and 9-132022)