Agenda packet — Healdsburg City Council, December 19, 2022 (part 2 of 2)

8.3.4 Sprinklers shall not be required in detached garages, open attached porches, detached carports with no habitable space above, and similar structures unless otherwise required by the California Building, Residential or Fire Codes.

Add Section 8.3.5.2 to read as follows:

8.3.5.2 At least one quick-response intermediate temperature residential sprinkler shall be installed within 5 feet and above attic access openings.

Revise Section 11.2.1.1 to read as follows:

11.2.1.1 Where a fire department pumper connection is not provided, the system shall be hydrostatically tested at not less than 200 psi without evidence of leakage.

CFC Chapter 80, NFPA, 13R-22 is Amended Sections as follows:

NFPA 13R-22 - Standard for the installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height
*NFPA 13R, Amended additional Sections as follows:

Add Section 6.6.6.5 to read as follows:

6.6.6.5 At least one quick-response intermediate temperature residential sprinkler shall be installed within 5 feet and above attic access openings.

CFC Chapter 80, NFPA, 72-22 is Amended Sections as follows:

NFPA 72-22 – National Fire Alarm and Signaling Code, as amended* *NFPA 72, Amended additional Sections as follows:

Add Section 14.7 to read as follows:

14.7 Labels and Tags

14.7.1 Labels or tags shall be used on fire alarm systems and shall be placed on the outside of the fire alarm control unit.

14.7.2 Tags shall be of the hanging or self-adhesive type used on fire alarm systems.

14.7.3 The following information shall be printed on the labels and tags approved by the fire code official:

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1. The words “DO NOT REMOVE BY ORDER OF THE FIRE CODE OFFICIAL”

2. Concern Name/Company Name

3. Concern Physical Address

4. Concern Phone Number

5. License Number (State of California Contractor State License Board License)

6. Date of service or testing and maintenance

7. Space or line for signature of person performing or supervising the servicing shall be placed on the tag or label on a fire alarm system except when servicing or testing and maintenance is performed.

14.7.4 When service or testing and maintenance are performed, the initial date of service or testing and maintenance, the printed name and signature of the person performing or supervising the service shall be placed on the tag or label.

14.7.5 No person shall remove a tag or label from or place a tag or label on a fire alarm system except when servicing or testing and maintenance are performed.

14.7.6 No person shall deface, modify, or alter any tag or label attached to or required to be attached to any fire alarm system.

14.7.7 The Label or tag conforming to this section shall be securely attached to each fire alarm system at the time of servicing or testing and maintenance.

14.7.8 The label or tag approved by the fire code official shall be affixed to a system only after all deficiencies have been corrected.

14.7.9 Adhesive labels and tags shall be manufactured in accordance with ANSI/UL 969, Standard for Marking and Labeling Systems, 4th edition, 1995, which is hereby incorporated by reference.

CFC Appendix B Table B105.1(1) is amended to read as follows:

TABLE B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

FIRE-FLOW

CALCULATION
AREA
(square feet)

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIREFLOW
(gallons per
minute)

FLOW DURATION
(hours)
0-3,600 No automatic sprinkler system 1,500 2
3,601 and greater No automatic sprinkler system Value in Table B105.1(2)
Duration in Table
B105.1(2) at

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The required fire-flow
rate
0-3,600 Section 903.3.1.3 of the California
Fire Code
or Section 313.3 of the California
Residential Code
1,500 2
3,601 and greater Section 903.3.1.3 of the California
Fire Code
or Section 313.3 of the California
Residential Code
½ value in
Table B105.1(2)a
Duration in Table
B105.1(2) at
The required fire-flow
rate
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

CFC Appendix B Table B105.2 is amended to read as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIREFLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table
B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

CFC Appendix C Section C103.1 is amended to read as follows:
103.1 Hydrant spacing.

Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with the City Healdsburg standards or as approved by the fire code official.

CFC Appendix C Section C103.2 is deleted.

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CFC Appendix C Section C103.3 is deleted.

CFC Appendix D Section D103.1 is deleted.

CFC Appendix D Section D103.2 is amended to read as follows:

Dl03.2 Grade.

Fire apparatus access roads shall be in accordance with the City of Healdsburg standards for public streets or as approved by the fire code official.

CFC Appendix D Section D103.3 is amended to read as follows:

D103.3 Turning radius.

The inside turning radius of a fire apparatus access road shall not be less than 40 feet unless otherwise approved by the fire code official.

CFC Appendix D Section D103.4 is amended to read as follows:

D103.4 Dead ends.

Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with the City of Healdsburg standards for public streets or as approved by the fire code official.

CFC Appendix D Table D103.4 is deleted.

CFC Appendix D Section D103.6 is amended to read as follows:

Dl03.6 Signs.

Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs complying with the California Vehicle Code.

CFC Appendix D Subsection D103.6.1 is deleted.

CFC Appendix D Subsection D103.6.2 is deleted.

CFC Appendix D Section D104.2 exception is deleted.

CFC Appendix D Section D106.1 is amended to read and the exception deleted as follows:

D106.1 Projects having more than 50 dwelling units.

Multiple-family residential projects having more than 50 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

CFC Appendix D Section D106.2 is deleted.

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CFC Appendix D Section D107.1 exceptions #1 and #2 are deleted.

SECTION 4. GEOGRAPHIC LIMITS
The geographic limits referred to in certain sections of the 2019 California Fire Code are hereby established as follows:

Section 5608.2 Geographic limits in firework displays are prohibited: Prohibited in any area as established by applicable land-use and zoning standards.

Section 5704.2.9.6.1 Geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Healdsburg zoning ordinance.

Section 5706.2.4.4 Geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Healdsburg zoning ordinance.

Section 5806.2 Geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Healdsburg zoning ordinance.

Section 6104.2 Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, are established as all areas of the City except for industrial districts as designated in the Healdsburg zoning ordinance.

SECTION 5. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.

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SECTION 6. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

SECTION 7. EFFECTIVE DATE AND PUBLICATION
This ordinance of the City of Healdsburg shall be effective thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance, or a summary thereof as provided in California 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 members of the City Council voting for and against its passage.

INTRODUCED by the City Council of the City of Healdsburg on the 21st day of November, and PASSED and APPROVED on the 19th day of December, 2022, at a regular meeting, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

APPROVED: ATTEST:
_________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: 2022 California Building Standards Code Title 24 with Local Amendments
PREPARED BY: David Willoughby, Building Official
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Pass an Ordinance adopting by reference, the 2022 California Building Standards Code Title 24 with local amendments; and related CEQA Exemption.

COMMUNITY ENGAGEMENT/OUTREACH:

Introduced and approved the first reading of the ordinance adopting by reference the 2022 California Building Standard Codes Title 24 with local amendments.

BACKGROUND
On November 21, 2022, the Healdsburg City Council introduced and approved the first reading, reading title of, and waiving further reading of, an ordinance adopting by reference the 2022 Building Standard Codes Title 24, as mandated by the State Building Standards Commission, with amendments based on local conditions.

DISCUSSION/ANALYSIS:

A summary of the proposed 2022 Healdsburg Municipal Code (HMC) amendments along with a comparison to the existing 2019 HMC code amendments is provided below:

Amendment Topic Change from 2019 Description of Amendment Administrative Provisions No Change Deleted from all codes. Consolidate various provisions and established into
the California Building Code.

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Appeals Board Added Appendix B
as amended
Specify that the Local Appeals Board and
Housing Appeals Board is the
Healdsburg Planning Commission (along
with process direction) and comply with
Appendix B as amended (administration
of Appeals Board).

Exempt from Permits No Change Clarify what is not exempt from permit:
• Accessory structures < 120 sqft that
also have elect, plumb or mech.
• Counter tops - replacement or new.
• Retaining walls any height within 3' of
the public right of way.

Application & Permit
Expiration
Change Section
numbers to align
with the State Code
• Plan Review 180 days.
• Plan Review extension 1 - 180 days
allowed.
• Permit 1 year.
• Permit extension 1 - 90 days allowed.
• Permit Term 3 years.
• Permit Term extension 1 – 180 days
allowed.

Work Without Permit No Change Violation fee equal to 2 times the permit fee is added.

Notices Posted No Change Violation is added for tampering with or unauthorized removal.

Definition: Newly
Constructed Building
No Change Definition of “Newly Constructed
Building” with respect to Energy Code
and Wildland/Urban Interface has been
expanded to include buildings that are
demolished to more than 75% of the
walls and roof/ceiling which make up the
building envelope. Or where any portion
of a building’s exterior is preserved but
the interior of the building is removed,
including all structural portions of floors
and ceilings.

Fire Sprinklers in the CRC No Change Procedural change to delete the fire sprinkler methods in the California
Residential Code and to point to the
California Fire Code for requirements.

Class A Roof Add Section number
to align with the
State Code
More restrictive by expanding the
requirement from Class C roof covering
to Class A roof covering throughout the

7.B
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City.

Grading Permit
Requirements
No Change Adopts Building Code Appendix Chapter
J which is a framework for regulating
grading and earthwork.

Pool Barrier Change Appendix
designation to match
the State Code
CRC Appendix AX is the Swimming
Pool Safety Act which is a legislative
mandate specifying drowning prevention
and entrapment measured. BSC has not
clearly designated the building
application and enforcement
responsibilities into the CRC.

Existing Swimming Pool
Yard Fencing
No Change Requirement to secure existing
swimming pools from unauthorized entry
by a barrier (typically a fence) that
provides the same degree of protection as
an enclosure.
2021 International Property
Maintenance Code
Add Sections 302
(exterior property)
and 308 (garbage and
refuse) to add tools
to HMC; Align
Section # with State
Adopt only relevant portions of the IPMC
(many IPMC provisions are covered by
current provisions for abatement
contained in the HMC)
Violations - Penalty No Change Violations are a misdemeanor or may be prosecuted or enforced as a nuisance or
as a criminal offense or by civil court
action.

Reach Code – Electrification Removed pool and
spa gas heating
exception.

Ordinance 1217 Approved 9/27/22
ENVIRONMENTAL STEWARDSHIP:

Through the adoption and implementation of the most recent California Building Standards Codes, a level of improved public health, safety, and general welfare is achieved by enhancing the design and construction of buildings using building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories:

1. Planning and design

2. Energy efficiency

3. Water efficiency and conservation

4. Material conservation and resource efficiency

5. Environmental quality

7.B
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ALTERNATIVES:

No alternatives are provided in that the requested action is the second reading of an ordinance.

FISCAL IMPACT:

The cost to purchase new code books has been included in the Fiscal Year 2022/2023 approved budget. Staff will need to attend training seminars to learn about the new codes and the code changes by the state agencies. Staff training has also been included in the budget.

ENVIRONMENTAL ANALYSIS:

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.

ATTACHMENT(S):
2022 Code Adoption Ordinance

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CITY OF HEALDSBURG
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG REPEALING CHAPTER 15.04 OF THE HEALDSBURG MUNICIPAL CODE AS CURRENTLY IN EFFECT AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE TITLE 24 AS MANDATED

BY THE STATE BUILDING STANDARDS COMMISSION WHICH
INCLUDES: THE CALIFORNIA ADMINISTRATIVE CODE PART 1, THE CALIFORNIA BUILDING CODE PART 2 VOLUMES 1 & 2 INCLUDING

APPENDIX CHAPTER B AND J AS AMENDED, THE CALIFORNIA
RESIDENTIAL CODE PART 2.5 AS AMENDED, THE CALIFORNIA
ELECTRICAL CODE PART 3 AND TABLES AS AMENDED, THE
CALIFORNIA MECHANICAL CODE PART 4 AND STANDARDS AS
AMENDED, THE CALIFORNIA PLUMBING CODE PART 5 AND
STANDARDS AS AMENDED, THE CALIFORNIA ENERGY CODE PART 6, THE CALIFORNIA HISTORICAL BUILDING CODE PART 8, THE
CALIFORNIA FIRE CODE PART 9, AS AMENDED THE CALIFORNIA
EXISTING BUILDING CODE PART 10 AS AMENDED, THE CALIFORNIA REFERENCED STANDARDS CODE PART 12, AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2021 EDITION AS AMENDED
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, to make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, notice of this Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.

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

SECTION 1. OLD CODES REPEALED

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Chapter 15.04 of the Healdsburg Municipal Code, as currently in effect as of the date of the adoption of this ordinance, is hereby repealed in its entirety.

SECTION 2. FINDINGS
The City Council of the City of Healdsburg finds that, in order to best protect the health, safety and welfare of the citizens of the City of Healdsburg, the standards of building within the city must conform to state law except where local conditions warrant more restrictive regulations.

Pursuant to Section 17958 of the California Health and Safety Code, the governing body of the City of Healdsburg, in its ordinance adopting the State Building Standards Code and uniform industry codes, may establish amendments which are more restrictive in nature than those adopted by the State of California commonly referred to as Title 24 of the California Code of Regulations.

Based on the materials presented and by the recommendation of the Building Official, the City Council further finds that it is necessary to make the procedural and administrative modifications to the California Building Standards Code and to adopt or not adopt certain appendices to the Code.

Under the provisions of Section 17958.5 of the California Health and Safety Code, local amendments shall be based on climatic, geological and topographical conditions. As such, the City Council finds and declares that the following local conditions exist:

A. Climate. The City, on an average, experiences an approximate annual rainfall of 40 inches.

This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding, erosion and contributes to slope instability. Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The City has also experienced periods of heavy fog, which has delayed the response time for firefighting apparatus, and prevented early discovery of structure fires.

During the dry period, temperatures range from 70 degrees to over 100 degrees. These temperatures are often accompanied by a wildland-urban interface, creating a hazardous fire condition. With increased development spreading into the brush-covered foothill area, wind driven fires could have severe consequences, as has been demonstrated on several occasions throughout the State.

B. Geological. The City is susceptible to seismic hazards resulting from movement along any one of several known faults in the area. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement.

In addition to damage caused by earthquakes, there is a possibility of earthquake-induced landslides. Fire is often the major form of damage resulting from earthquakes. Most earthquake-induced fires start because of damage to gas lines, power lines or heat producing appliances. In addition, unstable slopes have been identified in the City, which present a significant potential for landslides. In the event of a major earthquake or

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landslide, many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance.

C. Topographical. The City borders include hilly terrain on the north, east and northwest portions of the City. The roadway systems in these hills are designed around the lay of the land with respect to narrow, winding and steep access-ways. The grades of these roadways sometimes exceed 25% and road widths of less than 12 feet are not uncommon. The City is also bordered by Highway 101 and the Russian River and divided by a railroad right-ofway. The railroad, river and freeway all create barriers, which obstruct traffic patterns and delay the response time for fire equipment. The water supply within the City is also directly affected by the topographical layout. The water distribution system consists of pressure zones, which carry water by gravity from various reservoirs. Water flow within the City can vary from less than 250 gallons per minute to flows in excess of 4,000 gallons per minute. This wide variation causes major problems to development as well as to fire suppression efforts. The hilly terrain contributes to drainage, erosion and slope instability problems for development.

Summary
Because of the conditions stated above, the Healdsburg Planning & Building Department must modify and amend certain portions of the California Building Standards Code to ensure that minimum construction requirements, standards and practices are in place to protect the life and safety of the citizens of the City of Healdsburg. Because of the conditions above, the Department has determined that it is necessary to mitigate the potential damage caused by earthquakes, erosion, lot-to-lot drainage and slope instability to protect the life and safety of residents and to ensure the structural stability of new development.

As a result of the findings, as set forth in this section, which identify various climatic, geological and topographical elements, those additional requirements as specified in the amendments to the adopting ordinance supplementing and amending the codes herein are considered necessary and reasonable modifications and do not lessen, diminish or change the standards set forth within the California Building Standards Code except as authorized by law.

While it is clearly understood that the adoption of such regulations may not prevent the incidence of fire, earthquake, erosion and slope instability, the implementation of the following amendments to the Code may reduce the severity and potential of loss of life and property and are reasonably necessary because of the local climatic, geological, and topographical conditions:

Chapter or section no. Local climactic, geological or topographical conditions California Building Code (CBC)
CBC Chapter 1, section 1.8.8.1 is amended A, B, C
CBC Chapter 1, section 1.8.8.3 is amended A, B, C
CBC Chapter 1 Division II, adopted and amended A, B, C

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CBC Chapter 1 Division II, section 105.2 (1), (4), (7), and (14) are amended A, B, C
CBC Chapter 1 Division II, section 105.3.2 is amended A, B, C CBC Chapter 1 Division II, section 105.5 and 105.5.1 are amended A, B, C CBC Chapter 1 Division II, section 109.4 is amended A, B, C CBC Chapter 1 Division II, section 116.4.1 is added A, B, C CBC Chapter 2, section 202 is amended A, B, C
CBC Chapter 9, is deleted and replaced by CFC Chapter 9 A, B, C CBC Chapter 15, section 1505.1.2 is amended A, B, C
CBC Appendix B, Sections B101.2, B101.2.1, B101.2.2, and B101.7 are adopted A, B, C
CBC Appendix J, is adopted and new section J104.1.1 is added A, B, C California Residential Code (CRC)
CRC Chapter 1, section 1.8.8.1 is amended A, B, C
CRC Chapter 1, section 1.8.8.3 is amended A, B, C
CRC Chapter 1 Division II, section R102 through section R114 is deleted and replaced with CBC Chapter 1 Division II section 102 through section 116 as amended A, B, C
CRC Chapter 3 section R313 is deleted and replaced by CFC Chapter 9 A, B, C CRC Chapter 9, section R902.1.2 is amended A, B, C
CRC Appendix AX is adopted and amended A, B, C
California Electric Code (CEC)
CEC Article 89.108.8.1 is amended A, B, C
CEC Article 89.108.8.3 is amended A, B, C
CEC Article 90.10 is amended to include CBC Chapter 1 Division II, section 102 through section 116 as amended A, B, C
California Mechanical Code (CMC)
CMC Chapter 1 Division I, section 1.8.8.1 is amended A, B, C CMC Chapter 1 Division I, section 1.8.8.3 is amended A, B, C CMC Chapter 1 Division II, section 102 through Section 107 is deleted and replaced with CBC Chapter 1, Division II, section 102 through section 116 as amended A, B, C
California Plumbing Code (CPC)
CPC Chapter 1 Division I, section 1.8.8.1 is amended A, B, C CPC Chapter 1 Division I, section 1.8.8.3 is amended A, B, C CPC Chapter 1 Division II, section 102 through section 107 is deleted and replaced with CBC Chapter 1 Division II, section 102 through section 116 as amended A, B, C

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California Existing Building Code (CEBC)
CEBC Chapter 1 Division I, section 1.8.8.1 is amended A, B, C CEBC Chapter 1 Division I, section 1.8.8.3 is amended A, B, C CEBC Chapter 1, sections 102 through section 117 is deleted and replaced with CBC Chapter 1 Division II, sections 102 through section 116 as amended A, B, C
International Property Maintenance Code (IPMC)
IPMC Chapter 1 Part 1, section 101 is adopted A, B, C
IPMC Chapter 1 Part 1, section 111 is adopted A, B, C
IPMC Chapter 3 section 301 is adopted A, B, C
IPMC Chapter 3 section 302 is adopted A, B, C
IPMC Chapter 3 section 304 is adopted A, B, C
IPMC Chapter 3 section 305 is adopted A, B, C
IPMC Chapter 3 section 308 is adopted A, B, C
SECTION 3. CODES ADOPTED AND AMENDED
Chapter 15.04, “Construction Codes” is hereby adopted, to read as follows:

Sections:

15.04.010 Codes Adopted

15.04.020 2022 California Building Code and amendments

15.04.030 2022 California Residential Code and amendments

15.04.040 2022 California Electrical Code and amendments

15.04.050 2022 California Mechanical Code and amendments

15.04.060 2022 California Plumbing Code and amendments

15.04.070 2022 California Existing Building Code and amendments

15.04.090 2021 International Property Maintenance Code amendments

15.04.100 Violations – Penalty

15.04.010 Codes Adopted
Pursuant to Section 50022.2 of the California Government Code, the following codes are adopted by reference as defined herein and as adopted and amended by the State Building Standards Commission under Title 24, including the amendments listed in this chapter which are made pursuant to the findings of fact set forth in the adopting ordinance:

A. California Administrative Code Title 24 Part 1, 2022 Edition, promulgated and published by the International Code Council;
B. California Building Code Title 24 Part 2 Volumes 1 & 2, 2022 Edition, including; Chapter 1

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Division II and Appendix Chapter B and J, as amended, promulgated and published by the International Code Council;
C. California Residential Code Title 24 Part 2.5, 2022 Edition, including Chapter 1 Division II as amended, and Appendix V, as amended, promulgated and published by the International Code Council;
D. California Electrical Code Title 24 Part 3, 2022 Edition, with tables, as amended, promulgated and published by the National Fire Protection Association; E. California Mechanical Code Title 24 Part 4, 2022 Edition, and standards, as amended, promulgated and published by the International Association of Plumbing and Mechanical Officials;
F. California Plumbing Code Title 24 Part 5, 2022 Edition, and standards, as amended, promulgated and published by the International Association of Plumbing and Mechanical Officials;
G. California Energy Code Title 24 Part 6, 2022 Edition, promulgated and published by the International Code Council;
H. California Historical Building Code Title 24 Part 8, 2022 Edition, promulgated and published by the International Code Council;
I. California Existing Building Code Title 24 Part 10, 2022 Edition, as amended, promulgated and published by the International Code Council;
J. California Fire Code Title 24 Part 9, 2022 Edition, as amended, promulgated and published by the International Code Council;
K. California Referenced Standards Code Title 24 Part 12, 2022 Edition, promulgated and published by the International Code Council;
L. International Property Maintenance Code, 2021 Edition, Chapters and Sections listed, promulgated and published by the International Code Council;

15.04.020 California Building Code (CBC) Amendments
All additions are noted in italics.

CBC Chapter 1, Division I, Section 1.8.8.1 Appeals Board General; is amended to add the following:

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The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CBC Chapter 1, Division I, Section 1.8.8.3 Appeals; is amended to add the following:

The appellant must fill out the “City of Healdsburg Request for hearing” form and pay an appeals processing fee of $250. The appellant shall attach a written statement describing the circumstances of the appeal and include any evidence that he/she would like presented at the hearing. The Building Official will schedule the appeal for the next available Planning Commission meeting.

CBC Chapter 1, Division II Administration; is adopted in its entirety and amended as follows:

CBC Chapter 1, Division II, Section 105.2 Work exempt from permit, Building; (1) is amended to read as follows:

One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 120 square feet and the structure contains no plumbing facilities, electrical circuits or heating appliances.

CBC Chapter 1, Division II, Section 105.2 Work exempt from permit, Building; (4) is amended to read as follows:

Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless; supporting a surcharge, impounding Class I, II or IIIA liquids, or when retaining walls of any height are located within 3 feet from a public right-of-way.

CBC Chapter 1, Division II, Section 105.2 Work exempt from permit, Building; (7) is amended to read as follows:

Painting, papering, tiling, carpeting, cabinets, and similar finish work.

CBC Chapter 1, Division II, Section 105.2 Work exempt from permit, Building; (14) is added as follows:

Decks at a one-family dwelling, two-family dwelling, accessory dwelling unit, or townhouse that do not serve the exit door required by CRC Section R311.4, do not exceed 200 square feet in area, that are not more than 30 inches above grade at any point, and are not attached to the building.

CBC Chapter 1, Division II, Section 105.3.2 Time limitation of application; is amended as follows:

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An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant in writing, one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No application shall be extended more than once. Plan Review fees are non-refundable where any review has been performed.

CBC Chapter 1, Division II, Section 105.5 and 105.5.1 Expiration; is amended as follows:

Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 1 year after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 1 year after the time the work is commenced and inspected by the Building Department. Partially completed work that is abandoned shall be evaluated on a case-by-case basis by the Building Official and shall generally follow the permit expiration procedure described in this section.

A permittee holding an unexpired permit shall be allowed to apply for either; a refund for no more than 80 percent of the building permit fee paid therefore cancelling the permit, or may request an extension of the time within which work shall be allowed to commence under that permit. The Building Official is authorized to grant, in writing, one extension of time for a period not more than 180 days from the date of the extension request. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

Where no request for permit fee refund has been made, before work can be recommenced on an expired permit, the permit shall first be reactivated. To do so the fee therefore shall be one-half the amount required for a new permit for such work, provided such permit has not been expired exceeded 1 year and provided further that no changes have been made or will be made in the original construction documents for such work. Prior to the City expiring a permit, attempt will be made to notify the applicant listed on the permit, regarding the permit’s pending status. In order to renew action on a permit after expiration exceeding 1 year, the permittee shall obtain a new permit and pay new full permit fees. No refund for permit fees shall be granted on expired permits or permits that have been granted an extension.

Building permit construction activity, including reactivated permits, is limited to a maximum term of 3 years from the date of issuance of the original permit. When requested in writing of the Building Official, a maximum of one 180 day term extension may be granted in excess of 3 years when justifiable cause is demonstrated. Ongoing construction activity occurring beyond the term limit is prohibited and the permit shall be expired. In order to renew action on a permit after term limit expiration, the permittee shall obtain a new permit and pay new full permit fees.

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CBC Chapter 1, Division II, 109.4 Work commencing before permit issuance: is amended as follows:

Any person who commences any work on a building, structure, electrical, gas, mechanical, plumbing system before obtaining the necessary permits shall be subject to a fee equal to two times the amount of normal permit fee for that work, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution. The Building Official can reduce the fee to one times the amount of the normal permit fee for that work if a building permit is applied for to correct the violation by the owner and not discovered through an investigation.

CBC Chapter 1, Division II, Section 116.4.1 Unauthorized tampering; is added as follows:

Notices, signs, tags or seals posted or affixed by the Building Official shall not be mutilated, destroyed or tampered with, or removed without obtaining prior authorization from the Building Official. Any violation shall be subject to penalties as prescribed by law.

CBC Chapter 2, Section 202 Definitions; is amended to add the following:

NEWLY CONSTRUCTED BUILDING is a building that has never been used or occupied for any purpose. “Newly Constructed Building” shall also be applied when the removal of any structure’s exterior wall area and roof/ceiling area exposes seventy five percent (75%) or more of the entire building’s existing conditioned space (building envelope). Or where any portion of a building’s exterior is preserved but the interior of the building is removed, including all structural portions of floors and ceilings, the building is considered a new building.

Any additional demolition that occurs during the period between the permit issuance date and the date the Building Inspector signs-off the final inspection on the permit, shall be considered in determining whether to apply the “Newly Constructed Building” definition.

For any subsequent permits for construction that are to be undertaken within 3 years of the date that the Building Inspector signs-off the final inspection on the original permit, the total area of demolition from the preceding 3-year period shall be considered in determining whether to apply the “Newly Constructed Building” definition. The 3-year period does not apply to the replacement of only roof coverings, wall finishes, doors, windows, or skylights.

CBC Chapter 9, Fire Protection and Life Safety Systems; is deleted and replaced by 2022 California Fire Code (CFC) Chapter 9 as amended.

CBC Chapter 15, Section 1505.1.2 Roof coverings within all other areas; is amended to read as follows:

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The entire roof covering of every existing structure, where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

CBC Appendix B, Board of Appeals, Sections B101.2, B101.2.1, B101.2.2, and B101.7 are adopted.

B101.2 Application for Appeal.

B101.2.1 Limitation of Authority
B101.2.2 Stays of enforcement
B101.7 Board Decision
CBC Appendix J, Grading, is adopted and a new Section J104.1.1 is added to read:

GRADING PERMIT REQUIREMENTS
Grading Designation. Grading in excess of 5,000 cubic yards (3825 m3) shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards (3825 m
3 ) shall be designated "regular grading" unless the permittee chooses to have the grading performed as engineered grading, or the city engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.

Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the city engineer.

Specifications shall contain information covering construction and material requirements.

Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include the following information:

1. General vicinity of the proposed site.

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2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the city engineer, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.

Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work to be performed. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limiting dimensions and depth of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading.

The city engineer may require that grading operations and project designs be modified if delays occur that subsequently experience weather-generated problems not considered at the time the permit was issued. The city engineer may require professional inspection and testing by the soils engineer. When the city engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.

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15.04.030 California Residential Code (CRC) Amendments
CRC Chapter 1, Division I, Section 1.8.8.1 Appeals Board General; is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CRC Chapter 1, Division I, Section 1.8.8.3 Appeals; is amended to add the following:

CRC Chapter 1, Division II, Administration; Section R101 General; is adopted.

CRC Chapter 1, Division II, Administration; Section R102 through Section R114; is deleted and replaced with CBC Chapter 1, Division II Scope and Administration; Section 102 through Section 116 as amended.

CRC Chapter 3, Section R313 Automatic Fire Sprinkler Systems; is deleted and replaced by California Fire Code (CFC) Chapter 9 as amended.

CRC Chapter 9, Section R902.1.2 Roof coverings in all other areas; is amended to read as follows:

CRC Appendix AX, Swimming Pool Safety Act; is adopted:

CRC Appendix AX, Section 115922.1; is added:

Barrier required for private swimming pools. The barrier shall be specifically designed to prevent unauthorized entry from adjacent private and/or public property. Every person who owns or is in possession of any land on which there is situated a private swimming pool shall secure the pool from unauthorized entry by a barrier constructed as an enclosure that meets or exceeds the requirements of CRC AV100.3. The barrier shall be in addition to one of the "seven drowning prevention safety features" required by CRC AV100.2.

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CRC Appendix AX, Section 115922.2 Safety features required, Existing swimming pools; is added:

Any person who owns or is in possession of an existing swimming pool, at a private, singlefamily home, that does not conform to the requirements of CRC AV100.2.1, shall make the pool conform to the requirements of AV100.2.1 within ninety (90) days from this ordinance’s effective date.

Exceptions: If it is secured from unauthorized entry by a natural or artificial barrier that provides the same or a greater degree of protection than would an enclosure. An application for exception shall be filed in writing with the Building Official. The application shall contain a statement evidencing that the applicant is entitled to the exception and such other information as the Building Official may prescribe.

15.04.040 California Electrical Code (CEC) Amendments
CEC Article 89, General Code Provisions; 89.108.8.1 Appeals Board General; is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CEC Article 89, General Code Provisions; 89.108.8.3 Appeals; is amended to add the following:

CEC Article 90, Introduction; is amended by adding Article 90.10 to include CBC Chapter 1, Division II Scope and Administration; Section 102 through Section 116 as amended.

15.04.050 California Mechanical Code (CMC) Amendments
CMC Chapter 1, Division I, Section 1.8.8.1 Appeals Board General; is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CMC Chapter 1, Division I, Section 1.8.8.3 Appeals; is amended to add the following:

The appellant must fill out the “City of Healdsburg Request for hearing” form and pay an appeals processing fee of $250. The appellant shall attach a written statement describing

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the circumstances of the appeal and include any evidence that he/she would like presented at the hearing. The Building Official will schedule the appeal for the next available Planning Commission meeting.

CMC Chapter 1, Division II, Administration; Section 102 through Section 107; is deleted and replaced with CBC Chapter 1, Division II Scope and Administration; Section 102 through Section 116 as amended.

15.04.060 California Plumbing Code (CPC) Amendments
CPC Chapter 1, Division I, Section 1.8.8.1 Appeals Board General; is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CPC Chapter 1, Division I, Section 1.8.8.3 Appeals; is amended to add the following:

CPC Chapter 1, Division II, Administration; Section 102 through Section 107; is deleted and replaced with CBC Chapter 1, Division II Scope and Administration; Section 102 through Section 116 as amended.

15.04.070 California Existing Building Code (CEBC) Amendments CEBC Chapter 1, Division I, Section 1.8.8.1 Appeals Board General; is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CEBC Chapter 1, Division I, Section 1.8.8.3 Appeals; is amended to add the following:

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at the hearing. The Building Official will schedule the appeal for the next available Planning Commission meeting.

CEBC Chapter 1, Sections 102 through Section 117; is deleted in its entirety, and replaced with CBC Chapter 1, Division II Scope and Administration; Sections 102 through Section 116 as amended.

15.04.090 International Property Maintenance Code (IPMC) Amendments IPMC Chapter 1 Scope and General Requirements, Part 1 Scope and Application; Section 101 General; is adopted.

IPMC Chapter 1, Scope and General Requirements, Part 1 Scope and Application; Section 111 Unsafe Structures and Equipment; is adopted.

IPMC Chapter 3, General Requirements, Section 301 General; is adopted.

IPMC Chapter 3, General Requirements, Section 302 Exterior Property Areas; is adopted.

IPMC Chapter 3, General Requirements, Section 304 Exterior Structure; is adopted.

IPMC Chapter 3, General Requirements, Section 305 Interior Structure; is adopted.

IPMC Chapter 3, General Requirements, Section 308 Rubbish and Garbage; is adopted.

15.04.100 Violations - Penalty
A. Every person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 and/or imprisonment of up to six (6) months. A person is guilty of a separate offense for each day during which he/she commits, or continues or permits a violation of this chapter, or each time he/she disobeys a valid order of an enforcement officer.

B. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance pursuant to City of Healdsburg Municipal Code section 1.12. The City may also prosecute or enforce violations of this chapter as a criminal offense or by civil court action, prosecuted by the City Attorney in the name of the City or in the name of the people of the State of California, by seeking the appointment of a receiver, or in any other manner provided by law.

SECTION 4. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that the adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. Even if the adoption of this Ordinance

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were to be determined to be a project, it would still be exempt pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment).

SECTION 5. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

SECTION 6. EFFECTIVE DATE AND PUBLICATION
This ordinance of the City of Healdsburg shall become effective upon the date the California Building Standards Commission (CBSC) accepts the ordinance for filing, but in no event before January 1, 2023. Before the expiration of fifteen (15) days after its adoption, this ordinance, or a summary thereof as provided in California 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 members of the City Council voting for and against its passage.

INTRODUCED by the City Council of the City of Healdsburg on the 21st day of November 2022, and PASSED and APPROVED on the 19th day of December, 2022 at a regular meeting, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

APPROVED: ATTEST:
________________________________ _________________________________ Arial Kelley, Mayor Raina Allan, City Clerk

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Conduit financing for the North Village Apartments Affordable Housing Project
PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):

Expand Affordable Housing Opportunities
Provide Effective Governance
RECOMMENDED ACTION(S):

1. Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as Amended (the "Code"); and

2. Adopt a resolution approving the issuance of Bonds by the CMFA for the benefit of Burbank Housing Development Corporation, a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Sponsor"), on behalf of a limited liability company to be created and solely owned by the Sponsor or affiliate of the Sponsor (such limited liability company, the "Borrower"), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following); and authorize the City Manager or their designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.

COMMUNITY ENGAGEMENT/OUTREACH:

The item before the Council is being conducted as a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended. A TEFRA hearing is a public inquiry required by the Internal Revenue Service of non-profit borrowers that intend to issue tax-exempt bond proceeds. The TEFRA hearing provides the public an opportunity to comment on the use of tax-exempt bond proceeds.

BACKGROUND:

In March of 2020, the City of Healdsburg approved a Development Agreement (DA) with CSS Healdsburg, LLC (“Comstock”) for the North Village project consisting of up to 301 residential units, 12,000 square feet of commercial retail, a 108-guest room hotel and other public-serving

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amenities.

As a requirement of the DA, a portion of the residential units of the North Village are to be deedrestricted for affordable housing. Comstock has proposed to partner with Burbank Housing Development Corporation (“Burbank”) to satisfy this obligation and provide the requisite affordable housing units. Burbank Housing Development Corporation (“Burbank”) is proposing that the affordable units be financed in part through the use of tax-exempt revenue bonds.

Burbank requested that the California Municipal Finance Authority (CMFA) serve as the municipal issuer of Bonds in an aggregate principal amount not to exceed $30,000,000 of taxexempt revenue bonds. The proceeds of the Bonds will be used for the acquisition, construction and improvement of a multifamily rental housing facility to be located on an approximately 3.01- acre parcel situated west of Healdsburg Avenue and at the southeast corner of Boxheart Drive and Dovetail Lane (APN 091-060-039) within the City and will be owned and operated by the Borrower (Burbank). The project site is locally known as the North Village affordable housing site.

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Healdsburg must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project (in this case, the City) must approve issuance of the Bonds for the financing of the Project.

Additionally, in order for the bonds to be issued through CFMA, the City is required to join CFMA as a member agency. CFMA is a joint powers authority established under California Government Code 6500 et seq. The City Council is also required to authorize the issuance of bonds by CMFA for the project.

DISCUSSION/ANALYSIS:

Staff is recommending the City Council:
1) Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”);
2) Adopt a resolution approving the issuance of the Bonds by the CMFA for the benefit of Burbank Housing Development Corporation, a California nonprofit public benefit corporation and an organization described in Section 501(C)(3) of the Internal Revenue Code of 1986 (the “Sponsor”), on behalf of a limited liability company to be created and solely owned by the Sponsor or an affiliate of the Sponsor (also the “Borrower”, which is Burbank), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Section 6500 (and following); and 3) Authorize the City Manager or their designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.

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California Municipal Finance Authority
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

Execution of the Joint Powers Authority Agreement
In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of Healdsburg to become a member of the CMFA. Attached (Exhibit B) to this report is a copy of the Joint Exercise of Powers Agreement to be executed by a designated signatory of the City.

The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.

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

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.

The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City, following its execution of the Joint Exercise of Powers Agreement, could at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.

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Need and Timing
The item requested of the Council is in advance of the City Council considering a proposed 3rd Amendment to the North Village Development Agreement that, among other provisions, proposes a deeper level of affordability for the affordable units in the project.

The approval of this item does not limit the City Council’s ability to approve or deny proposed changes to the North Village DA. The proposed action would allow Burbank to access taxexempt conduit financing through CMFA. Burbank is proposing to issue bonds for this project in the immediate future in order to take advantage of a below-market interest rate that is currently available for a limited time. Should the project not move forward, Burbank has indicated that the issuance includes provisions that would allow them to unwind and close the bonds in the event project approvals are not obtained.

ENVIRONMENTAL STEWARDSHIP:

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

ALTERNATIVES:

The City Council may choose to:

1. Not hold the public hearing or join CMFA, at which point staff would seek additional direction from the City Council.

FISCAL IMPACT:

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. Upon completion of a bond issuance to Burbank, the City will receive a portion of the issuance fee attributable as general fund revenue.

ENVIRONMENTAL ANALYSIS:

Any environmental impacts related to the Development Agreement for the North Village project have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. On May 20, 2019, the City Council certified the Final Environmental Impact Report ("EIR") for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations which can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the Second Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR,

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(b) significant impacts/effects will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects/impacts, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects/impacts on the environment.

ATTACHMENT(S):

Resolution
CMFA JPA Agreement- Healdsburg

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CITY OF HEALDSBURG
RESOLUTION NO.___2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE ISSUANCE OF BONDS BY THE

CMFA FOR THE BENEFIT OF BURBANK HOUSING

DEVELOPMENT CORPORATION, A CALIFORNIA NONPROFIT

PUBLIC BENEFIT CORPORATION AND AN ORGANIZATION
DESCRIBED IN SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE OF 1986 (THE "SPONSOR"), ON BEHALF OF A

LIMITED LIABILITY COMPANY TO BE CREATED AND SOLELY

OWNED BY THE SPONSOR OR AFFILIATE OF THE SPONSOR
(SUCH LIMITED LIABILITY COMPANY, THE "BORROWER"), TO

PROVIDE FOR THE FINANCING OF THE PROJECT, SUCH

ADOPTION IS SOLELY FOR THE PURPOSES OF SATISFYING

THE REQUIREMENTS OF TEFRA, THE CODE AND THE
CALIFORNIA GOVERNMENT CODE SECTION 6500 (AND
FOLLOWING); AND AUTHORIZING THE CITY MANAGER OR

THEIR DESIGNEE THEREOF TO EXECUTE THE JOINT

EXERCISE OF POWERS AGREEMENT WITH THE CMFA
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes, or other evidences of indebtedness; and, WHEREAS, the City of Healdsburg, California (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, there is now before this City Council (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, Burbank Housing Development Corporation, a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue

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Code of 1986 (the “Sponsor”), on behalf of a limited liability company to be created and solely owned by the Sponsor or an affiliate of the Sponsor (such limited liability company, the “Borrower”) has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $30,000,000 (the “Bonds”), including but not limited to revenue bonds issued as part of a plan to finance and refinance (1) the costs of the acquisition, construction and improvement of a 53-unit multifamily rental housing facility (the “Project”) to be located on a

3.01-acre parcel situated east of Highway 101, south of the junction of Healdsburg Avenue and Alexander Valley Road, west of the junction of Healdsburg Avenue and Passalacqua Road, southeast of Lytton Lake, north of Foss Creek, north of Spur Ridge Court, north of the Healdsburg Avenue/Foss Creek crossing, and northwest of Healdsburg Ridge Open Space Preserve (APN 091-060-039) within the City and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds; and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an “applicable elected representative” of a governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The Agreement is hereby approved and the City Manager or the designee of either (any of which is an “Authorized Offer”), is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.

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Section 3. The City Council hereby approves the issuance of the Bonds by the Authority including but not limited to Bonds issued as part of a plan to finance and refinance the facilities described herein. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of a governmental unit having jurisdiction over the area in which the Project is to be located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement.

Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 6. The Authorized Officers, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 8. This resolution shall take effect immediately upon its passage.

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PASSED, APPROVED AND ADOPTED this 19th day of December 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
__________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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Packet Pg. 181 Attachment: Resolution (3849 : North Village TEFRA Hearing CMFA)

JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):

WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and

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Packet Pg. 182 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2. Term.

This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.

Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its

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Packet Pg. 183 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.

B. BOARD.

The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.

All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.

Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.

The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be

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Packet Pg. 184 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

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Packet Pg. 185 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) (4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.

A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in

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Packet Pg. 186 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7. Bonds.

From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the

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Packet Pg. 187 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).

The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.

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Packet Pg. 188 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) Section 10. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.

Section 11. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.

Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.

Section 13. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

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Packet Pg. 189 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) Section 14. Contributions and Advances.

Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.

Section 17. Effectiveness.

This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.

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Packet Pg. 190 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.

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Packet Pg. 191 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA) IN WITNESS WHEREOF, the City of Healdsburg has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2022.

Member:

CITY OF GRASS HEALDSBURG
By
Name:

Title:

ATTEST:

By
Name:

Title:

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Packet Pg. 192 Attachment: CMFA JPA Agreement- Healdsburg (3849 : North Village TEFRA Hearing CMFA)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Saggio Hills Park Naming Process
PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):

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

Discuss a proposed process for naming the new park in the Saggio Hills development and provide direction to staff.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable. Community engagement is proposed to be part of the naming process.

BACKGROUND:

The Development Agreement for the Saggio Hills project required that the developer provide approximately 36 acres of land for a future public park. The City has completed a communitybased master planning process for the new park, and will be taking ownership of the park land in early 2023.

In preparation for naming the new park, on August 1, 2022, City Council reviewed the City’s existing park naming policy. During the discussion Council members provided the following input (summarized):
• Follow the policy and charge the Parks and Recreation Commission for leading the process for soliciting community ideas for naming and making forwarding suggestions to the City Council
• Consider incorporating principles from the City’s ongoing Diversity, Equity, and Inclusion (DEI) work in the naming process
• Define the opportunities for sponsorship naming opportunities; City Council members had differing opinions on whether the entire park could be named after a donor or sponsor • City staff should not lead a capital campaign

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Council directed that staff return to City Council with a proposed naming process based on the existing park naming policy for Council consideration.

DISCUSSION/ANALYSIS:

The Healdsburg City Council adopted a park naming policy in 2002 to create a uniform way to name existing and future park and/or recreation facilities (attached). The policy’s objectives are to:

1. Ensure that naming/memorializing of public parks and recreation facilities will enhance the values and heritage of the City of Healdsburg and will be compatible with community interests.

2. Name public parks or recreation facilities so that they will be easily identified as to geographical location and/or function.

3. Encourage the dedication of land or funds for public use by individuals and groups, and provide recognition of their achievements or community contributions.

Implementation of the policy includes the following components:
• The City Council has final authority in naming all public parks and recreation facilities within its jurisdiction.
• No park site or recreation facility will be named for a living person, unless the site or facility has been donated by an individual, or a substantial donation has been made by an individual or organization to acquire a park site or recreation facility. • When appropriate, a park or recreation facility can be named in honor of a person, posthumously, when such person has made major contributions to the community, the country, or the field of recreation and parks.
• Historical names may be considered when the name is appropriate to the site.

Additional elements of the City’s current policy include:
• When a park site or recreation facility is carrying out a particular theme, that theme may be considered for the park or recreation facility name.
• Markers such a plaques, signs, etc. for the sole purpose of memorializing are not to be permitted in City parks or recreational facilities. The policy does allow naming items within a park (tree, park furniture, meadow, room, etc.) in recognition of donated funds. • The criteria for naming includes service recognition or monetary/material contribution. • The policy gives the City’s Parks and Recreation Commission the role of soliciting naming ideas and making a primary and secondary recommendation to City Council.

Proposed Naming Process and Timeline
December: Staff Develops Bi-lingual Park Naming Materials and Strategies • Web page
• Social media
• Application materials
• Signage
• Outreach and Engagement Strategies
• Other
January 11: Parks and Recreation Commission Meeting

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• Review communication and applications materials
• Consider establishing Ad-Hoc committee
• Announce naming process
February 1: Park Naming Process & Outreach/Engagement Begins (60-days) April 3: Deadline for Submitting Naming Proposals
April 5: Ad-hoc Committee Meets (if established)
April 11: Parks and Recreation Commission Reviews Naming Proposals and Formulates Recommendations for the City Council
May 1: City Council to Consider Naming Recommendations
At this time, staff is seeking feedback from the City Council on the proposed timeline outlined above. The Council may also wish to provide additional considerations that should be conveyed to the Parks and Recreation Commission before they begin their work. Finally, the Council may wish to discuss plans and a process for soliciting sponsorship and/or fundraising for the park.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

This agenda item is for discussion. City Council may choose to make changes and provide direction as needed.

FISCAL IMPACT:

No fiscal impact other than staff time is anticipated at this time.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(4)(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; and therefore, is not a project for purposes of CEQA.

ATTACHMENT(S):

Park Naming Policy

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Attachment: Park Naming Policy (3797 : Saggio Hills Park Naming Process)

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Attachment: Park Naming Policy (3797 : Saggio Hills Park Naming Process)

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Attachment: Park Naming Policy (3797 : Saggio Hills Park Naming Process)

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Attachment: Park Naming Policy (3797 : Saggio Hills Park Naming Process)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Appoint Council subcommittee to interview Planning Commission applicants
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Consider appointing a Council subcommittee to interview the applicants for the Planning Commission.

COMMUNITY ENGAGEMENT/OUTREACH:

The Planning Commission vacancy was published in the Press Democrat on October 27, 2022, November 3, 2022, November 10, 2022 & November 17, 2022. Information on the vacancy was also posted on the City Website and the City Social Media Platforms.

BACKGROUND:

In October of 2021 the City received a resignation notice from Commissioner Eddinger. His resignation was effective October 13, 2022.

DISCUSSION/ANALYSIS:

Staff Recommends the Council form a subcommittee at this time to interview the Planning Commission applicants and make recommendations to Council at the January 17, 2023 meeting, on the best qualified candidates to fill the vacant position. At this time, the Clerk’s office received four applications for the vacant position. The applicants are:

Jerry Haag
Alex Wood
Todd Gale
Stephen Barber
ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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ALTERNATIVES:

Council could reopen the application period if there is a desire for additional applications.

FISCAL IMPACT:

There is no fiscal impact related to the proposed 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):

Commission Applications

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Packet Pg. 202 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee)

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Packet Pg. 207 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee) Jerry Haag
Urban Planner Healdsburg, CA 95448
November 28, 2022
Hon. Ariel Kelley & City Council
City of Healdsburg
401 Grove St.

Healdsburg CA 95448
Subject: Planning Commission Vacancy
Honorable Ariel Kelley & Council:

I am very interested and enthused to be considered as a Planning Commissioner for the City of Healdsburg. In support of my application, please find attached:
• A completed City application form
• A copy of a recent resume
I am very keen to serve my community in this capacity and offer the following qualifications:
• Extensive experience in municipal planning. I have worked for local municipalities in California for over 45 years, as both a City employee or as a private consultant. Please see my attached resume for my experience. • Local knowledge. I have been a property owner in Healdsburg for more than 40 years, purchasing a retirement home for my mother-in-law in River’s Bend (former Healdsburg Citizen of the year Marie Taeuffer). My wife and I also constructed our retirement home on Haydon Street in 2008. • Knowledge of Local planning & development issues. I have served as interim Planning Director for Windsor, Sebastopol and Cloverdale as well as working as the senior planner for Healdsburg between 1992 and 1995 when there was no actual Planning Director. During that time, I drafted the Zoning Ordinance, wrote the Housing Element of the General Plan and facilitated development of the Harvest Grove farmworker housing complex for Burbank Housing.

I look forward to serving my community. Please feel free to call if you have questions.

Sincerely,
/s/ Jerry Haag
Jerry Haag

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Packet Pg. 208 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee) Jerry P. Haag
Urban and Environmental Planner
Professional Experience
Mr. Haag is an urban and environmental planner with over 40 years’ experience divided between the public and private sector. Areas of expertise include support planning, environmental documentation and special planning projects. His wide range of experience in a number of California communities allows him to work effectively with city staff and the public to ensure thorough work products within established time frames. He currently maintains offices in Berkeley and Healdsburg (Sonoma County).

Prior to beginning independent practice, Mr. Haag served as Northern California Planning Division Manager for Willdan Associates, a major California-based planning and engineering firm. Mr. Haag was also Northern California office manager and Vice President of P&D Technologies (formerly PRC Toups), an international planning, engineering and professional services organization. He has also served as a planner for the California cities of Orange, Ontario and Garden Grove.

SELECT PROJECT EXPERIENCE
Planning Experience
Mr. Haag has served as the interim planning director of Windsor, Sebastopol and Healdsburg. He has twice served as the interim director of Cloverdale. He major projects in Cloverdale include reviewing and providing staff support for the Alexander Valley Resort project and the annexation and development of the Nu Forest Products lumber mill.

Environmental Planning
Environmental documentation for Alexander Valley Resort For the City of Cloverdale, Mr. Haag completed the Environmental Impact Report (EIR) for the Alexander Valley Resort project (2009) and. more, recently, prepared an Addendum to this document.

General Plan EIR
Mr. Haag completed a full EIR for the certification of an EIR to assess the impacts of the Newark 2007 General Plan. The EIR found that regional cut-through traffic was a significant impact as was build-out of General Plan land uses on air quality.

The Village@Dublin, CA
Mr. Haag recently completed an EIR to assess the impacts of a Whole Foods grocery store center in Dublin CA. The center will contain a Nordstrom Rack and other high-volume retailers plus six restaurants Environmental Impact Reports and CEQA documents have completed for the cities of Dublin, Healdsburg, Pleasant Hill, Brentwood, Sebastopol, South San Francisco, Vallejo, Half Moon Bay, American Canyon, Napa County and St. Helena, California under the direct supervision of Mr. Haag.

General Plans and Specific Plans
Atwater General Plan Update, Atwater, CA
Jerry Haag lead an interdisciplinary team to develop an updated General Plan for the City of Atwater in Merced County.

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Packet Pg. 209 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee) Mr. Jerry P. Haag
Urban and Environmental Planner

Page 2 of 2 ends

Highway 29 Specific Plan, St. Helena, CA
Mr. Haag was the author of a Specific Plan to guide the development of 110 acres of land in the southerly portion of St. Helena consistent with the General Plan. Major issues included financing of infrastructure and dealing with major traffic issues
Mr. Haag has prepared or participated on teams to prepare large-scale master plans for Rancho Santa Margarita in southern Orange County, a 3000-acre master plan for residences and a ski resort in Steamboat Springs Colorado, a 1500-acre mixed use plan in Mesa Arizona, a master plan for a 20,000-acre property on the outskirts of Colorado Springs. He also served as the staff consultant to the City of Ontario for the update of the General Plan in 1989.

Mr. Haag also has extensive experience with providing planning services to local communities in California, including large-scale master planned communities.

Education
MA. Public Administration, California State University, Fullerton, CA B.A. Political Science, University of California, Berkeley, CA Certificate, Light Construction Management, University of California, Irvine, CA Professional Registrations, Licenses, and Affiliations
American Planning Association

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Packet Pg. 212 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee) 1 Raina Allan
From: Alex Wood >
Sent: Monday, November 28, 2022 8:00 AM
To: Raina Allan
Hi Raina,
It was nice seeing you last week!
I submitted an application for the Planning Commission last night, but am concerned some of my answer to one of the questions was cut short. I entered several short paragraphs, but my full answer did not appear on the PDF copy I received after submission. Please see below for a copy of my full answer and let me know if there is something I should re‐submit before today's deadline.

Thank you!
Best,
Alex
_____________________________
Please state briefly your reasons for applying and why you feel you are qualified for appointment to this body.

It has been a privilege to call Healdsburg home for more than 20 years and would be an honor to serve the community as a member of the Planning Commission. Healdsburg is in the middle of a new era of development and revitalization, with city planning and land use at the center of every project.

My interest in land use and its impact on our community’s quality of life blossomed at a young age, long before I knew planning was a profession and critical component of any functioning municipality. As a child, I remember impatiently waiting at the five-way intersection toward the south-end of town and wondering what system could save me from this mess of honking cars and angry drivers. Years later, I smile at what became a roundabout and am humbled by the extensive planning involved to propose and develop a project that includes mixed transit, walkability, and historical preservation.

The roundabout was just the beginning. As projects in Healdsburg grow in number and size, I am increasingly interested in striking a balance between the town’s charm and character as an agricultural hub and tourist destination and would draw upon varied professional experience to inform my decisions as a Planning Commissioner. As a farm assistant at Preston Farm and Winery and production manager at a coffee farm in Southern California, I am well equipped to navigate the needs of our farming community. I applaud projects like the Pavilion at 3 North Street as an effort to revitalize a historic building near the plaza and to lay the foundation for community supported agriculture in perpetuity. Food security is public health and the planning process can support both.

My experience as a restoration technician at the Santa Lucia Conservancy would also serve me well as a Planning Commissioner, especially when evaluating projects like the Montage Healdsburg Park Development or the Fitch Mountain Park and Open Space Preserve. With a deep love for open space, native habitat, and resilient ecosystems, I am committed to expanding access to recreational and conserved areas, while navigating questions about drought, wildfire preparedness, and scenic preservation.

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Packet Pg. 213 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee) 2 In my current role as Program Coordinator and Regional Supervisor for California Climate Action Corps, I manage relationships with 45 partner organizations and 115 AmeriCorps members. Stakeholder engagement is an essential part of my job and would translate well to my service as a Planning Commissioner. My door will always be open in the spirit of collaboration and my decisions will be made with the goal of benefiting all facets of the community. I will commit to my full term and am keenly aware of the assumed work and responsibilities.

Thank you for your time and consideration and I hope to hear from you soon.

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Packet Pg. 214 Attachment: Commission Applications (3859 : Planning Commission - Council subcommittee)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Appointments of Council Members to various Boards and Commissions for 2023
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Effective & Efficient Government
Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Provide Effective Governance
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):

By motion assign Council Member appointments to the various Boards and Commissions for 2023.

BACKGROUND:

Annually, after the selection of Mayor and Vice Mayor, the City Council re-assigns appointments to various boards and commissions. Attached is a matrix containing information on the boards/committees/commissions and items related to meeting frequency, location, etc.

DISCUSSION/ANALYSIS:

The following is the list of the 2022 appointments:

Board/Commission/Committee Representative
Healdsburg Library Advisory Board Mayor Jimenez
Senior Advisory Commission Liaison Mayor Jimenez
Economic Development Steering Committee Council Member Hagele, Representative Council Member Mitchell, Alternate
Northern California Power Agency (NCPA) Council Member Hagele, Commissioner Mayor Jimenez, Alternate
Transmission Agency of Northern California
(TANC)
Council Member Hagele, Commissioner
Mayor Jimenez, Alternate

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Mayors’ and Councilmembers’ Association City
Selection Committee
Mayor Jimenez, Representative
Vice Mayor Kelley, Alternate
Association of Bay Area Governments (ABAG) Vice Mayor Kelley, Delegate Mayor Jimenez, Alternate
Sonoma County Transportation Authority/
Regional Climate Protection Authority
Vice Mayor Kelley, Representative
Council Member Hagele, Alternate
Chamber of Commerce Board Council Member Mitchell
Marie Sparks Volunteer of the Year Com. Vice Mayor Kelley League of California Cities General Assembly Vice Mayor Kelley, Delegate Mayor Jimenez, Alternate
Mayors’ and Councilmembers’ Legislative
Committee
Vice Mayor Kelley, Representative
Mayor Jimenez, Alternate
Marin/Sonoma Mosquito & Vector Control Dist. Citizen Shaun McCaffery (appointed to a two-year term, expiring December 2022)
Sonoma County Waste Management Agency Council Member Mitchell, Representative Vice Mayor Kelley, Alternate
Healdsburg High School Scholarship Committee Council Member Mitchell and Mayor Jimenez Russian River Watershed Association Mayor Jimenez, Representative Vice Mayor Kelley and Public Works
Director, Alternates
Northern Sonoma County Air Pollution Control
District Board of Directors
Vice Mayor Kelley, Representative
Mayor Jimenez, Alternate
Healdsburg Tourism Improvement District Council Member Mitchell, Representative Mayor Jimenez, Alternate
Northwest Public Power Association Councilmember Hagele Parks and Recreation Commission Liaison Council Member Mitchell On February 4, 2022, the Health Action Council voted to dissolve itself to make way for Health Action to transform into an independent new, community-led organization outside of county government. On May 3, 2022, the Sonoma County Board of Supervisors approved of this transition. Staff has removed this committee from the appointment list.

In reviewing the list of appointments for 2022, staff recognizes the Economic Development Steering Committee has changed over time. Given the changes that have been made since COVID, staff is not recommending continuing appointments to Good Morning, Healdsburg (formerly known as the Economic Development Steering Committee). Staff also acknowledges Council has not participated in the selection of the annual Marie Sparks award over the last few years. Going forward, staff will make every effort to ensure that the appointed City Council representative is included in this process.

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Community Member Shaun McCaffery has submitted his letter of interest to continue to serve on the Marin/Sonoma Mosquito & Vector Control District for another term.

ALTERNATIVES:

The City Council annually makes Member appointments to the various Boards, Committees and Commissions and no other alternatives have been identified.

FISCAL IMPACT:

No fiscal impact is anticipated from the proposed Council action.

ENVIRONMENTAL ANALYSIS:

ATTACHMENT(S):

Board_Commission_Committee Matrix
Shaun McCaffery - Reappointment Request

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COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS
Board/Commission/Committee 2022 Representative Meeting Schedule Time Overview Healdsburg Library Advisory
Board
Mayor Jimenez
1 st Thursday of March,
June, September and
December at the Library
5:30 pm The Library Advisory Board provides
guidance on programs, operations and
capital improvements at the
Healdsburg Branch of the Sonoma
County Library system.

Senior Advisory Commission
Liaison
Mayor Jimenez
4 th Wednesday of every
month in the Council
Chamber
4:00 pm The primary function of the Senior
Citizens Advisory Commission is to
serve as an advocate for Healdsburg’s
older adult residents
Economic Development Steering
Committee
Council Member Hagele, Representative;
Council Member Mitchell, Alternate
First Thursday of the month
at the Community Center 8:00 am
Northern California Power
Agency
(NCPA)
Council Member Hagele, Commissioner
Mayor Jimenez, Alternate
Monthly, usually the fourth
Thursday of the month –
meeting location mostly in
Roseville (NCPA
headquarters)
May is in Lompoc, July in
Murphys, September in
Monterey
9:30 am
The Northern California Power Agency
(NCPA), a California Joint Action
Agency, was established in 1968.

Healdsburg is a founding member.

NCPA procures energy for its members
to ensure an affordable, reliable, and
clean supply of electricity for
customers in its member communities
Transmission Agency of
Northern California (TANC)
Council Member Hagele, Commissioner
Mayor Jimenez, Alternate
Once a month – usually the
third Wednesday of the
month – meeting location,
TANC office in Folsom
10:00 am Healdsburg is a member of TANC
through a joint powers agreement to
provide electric transmission to its
Member utilities through transmission
line ownership or contract
arrangements.

Mayors’ and Councilmembers
Association City Selection
Committee and Mayors’ and
Councilmembers’ Association
Board of Directors
Mayor Jimenez Representative
Vice Mayor Kelley, alternate
General Membership -
Second Thursday of the
months of February, April,
June, August and October
Board of Directors – Held
the second Thursday of
every month
6:00 pm The Association shall have as its
principal purpose to foster a spirit of
cooperation among the cities of
Sonoma County and enhance public
health, safety and welfare and good
working relationships between the
governments of all the cities and the
County of Sonoma. The Selection
Committee is charged with making
appointments to various regional
bodies and public agencies.

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Packet Pg. 218 Attachment: Board_Commission_Committee Matrix (3839 : Council appointments to Boards and Association of Bay Area
Governments
Vice Mayor Kelley, Delegate
Mayor Jimenez, Alternate
Meets annually in June Determine policy annually, adopts the annual budget and work program and
reviews the policy actions of ABAG’s
Executive Board.

Sonoma County Transportation
Authority/Regional Climate
Protection Authority
Vice Mayor Kelley, Representative;
Council Member Hagele, Alternate
Second Monday of each
month in Santa Rosa at 411
King Street in the Board
Room. (Currently meeting
on Zoom)
2:30 pm The SCTA acts as the countywide
planning and fund programming
agency for transportation, project
management, planning, finance, grant
administration and research.

Chamber of Commerce Board Council Member Mitchell Third Thursday of the month at the Chamber
Office
8:00 am The City Council liaison to the
Chamber board of directors works to
ensure open lines of communication
between the City and the business
community by providing updates at
Board meetings and receiving feedback
from the Chamber.

Marie Sparks Volunteer of the
Year Committee
Vice Mayor Kelley Once a year to select the
recipient of the award in
March/April
Following Marie Sparks’ death in April
1995, the City Council created the
annual Marie Sparks Memorial
Volunteer Award to honor Marie’s
giving and unselfish spirit of service to
Healdsburg trough volunteerism.

League of California Cities
General Assembly
Vice Mayor Kelley, Delegate;
Mayor Jimenez, Alternate
Once a year as part of the
League of California Cities
Annual Conference and
Expo. Usually at the end of
September – location varies
from southern and northern
California
The League of California Cities is an
association of California city officials
who work together to enhance their
knowledge and skills, exchange
information, and combine resources so
that they may influence policy
decisions that affect cities. Healdsburg
is a member.

Mayors’ and Councilmembers’
Legislative Committee
Vice Mayor Kelley, Representative;
Mayor Jimenez, Alternate
3rd Friday each month at
the Finley Center, Willow
Room 2060 W. College
Avenue in Santa Rosa
9:00 am As part of the Mayors’ and
Councilmembers’ Association, the
committee meets to review legislation
that affects Sonoma County cities
Health Action Council Mayor Jimenez, Representative Meets every other month on the first Friday of the month
in February, April, June,
August, October and
December
8:00 am –
9:30 am
In August 2007, the Sonoma County
Board of Supervisors authorized the
Department of Health Services to
convene a health action council (now
called “Health Action”) to work on
improving health and health care for
all Sonoma County residents. Health
Action’s over-arching mission is
.community health improvement

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Packet Pg. 219 Attachment: Board_Commission_Committee Matrix (3839 : Council appointments to Boards and Marin/Sonoma Mosquito &
Vector Control District
Citizen Shaun McCaffery (appointed for a
two-year term. Will expire at end of 2022)
Second Wednesday of each
month in Cotati at 595
Helman Lane, Cotati
7:00 pm The District protects public health and
welfare of the communities from
mosquitoes and vector-borne disease
through an Integrated Vector
Management Program
Sonoma County Waste
Management Agency
Council Member Mitchell, Representative
Vice Mayor Kelley, Alternate
Monthly meetings on the
third Wednesday in Santa
Rosa in the City of Santa
Council Chamber, 100
Santa Rosa Avenue
(currently on zoom)
8:00 am
The Agency, formed in April 1992, is
the joint powers authority of the nine
incorporated cities and the County of
Sonoma. The mission of the Agency is
waste diversion required by State law
AB939. The Agency's programs
include household hazardous waste,
composting, wood waste recycling,
planning and education.

Healdsburg High School
Scholarship Committee
Council Member Mitchell and Mayor
Jimenez
Once a Year, prior to end of
school year in early April
Russian River Watershed
Association
Mayor Jimenez, Representative
Vice Mayor Kelley, Alternate and Public
Works Director, Alternate
Meetings are held in the
Town of Windsor Council
Chamber (currently on
Zoom)
9:00 am –
11:00 am
The association works to promote
cooperation and implementation of
projects that protect watershed
resources, restore fisheries and improve
water quality at reduced cost to our
member agencies and communities
they serve
Northern So. Co. Air Pollution
Control District Board of
Directors
Vice Mayor Kelley, Representative;
Mayor Jimenez, Alternate
Every other month –
location rotates among
member cities
TBD
The District is one of 35 California air
districts established to regulate the
emissions of air pollution. Directors
oversee District activities and the
development and disbursement of grant
programs.

Healdsburg Tourism
Improvement District
Council Member Mitchell Representative,
Mayor Jimenez, Alternate
Third Tuesday of the
month, at the Chamber
office
2:00 pm
Assessment district proposed to
provide specific benefits to payors, by
funding marketing and sales promotion
efforts and district development
programs for assessed businesses.

Northwest Public Power
Association Council Member Hagele Once a year TBD
City of Healdsburg is a voting member
of the Northwest Public Power
Association
Parks and Recreation
Commission Liaison Council Member Mitchell
2 nd Wednesday of every
month in the Council
Chamber
6:00 pm
The primary function of the Parks and
Recreation Commission is to advise the
Council on matters related to public
parks and recreation.

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Packet Pg. 220 Attachment: Board_Commission_Committee Matrix (3839 : Council appointments to Boards and 595 Helman Lane
Cotati, CA 94931

1.800.231.3236 or 707.285.2200
707.285.2210 fax
www.msmosquito.com
Philip D. Smith
District Manager

BOARD OF TRUSTEES
Laurie Gallian,
President
Sonoma
Richard Snyder,
1 st Vice President
Belvedere
Carol Pigoni,
2 nd Vice President
Cloverdale
Ranjiv Khush,
Secretary
San Anselmo
Tamara Davis
Sonoma County At Large
Diana Rich
Sebastopol
Pamela Harlem
San Rafael
Shaun McCaffery
Healdsburg
Herb Rowland Jr.

Novato
Gail Bloom
Larkspur
Morgan Patton
Marin County at Large
Art Deicke
Santa Rosa
Ed Schulze
Marin County At Large
David Witt
Mill Valley
Susan Hootkins
Petaluma
Bruce Ackerman
Fairfax
Evan Kubota
Windsor
Cathy Benediktsson
Tiburon
Veronica Siwy
Rohnert Park
November 3, 2022
Dear Raina Allan:

The current term of Shaun McCaffery, the City of Healdsburg representative to our District’s Board of Trustees, will expire December 31, 2022. While it is no longer mandated that you appoint a representative to our Board {Health and Safety Code SB 1588, Article 3, Section 2022 (d)}, it is the intent of the Legislature that persons appointed to Boards of Trustees have experience, training, and education in fields that will assist in the governance of the District.

The following information is sent to assist your elected officials in the appointment process. California Health and Safety Code SB 1588 Section 2022 (a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the county that is within the district.

Section 2024 (a) The term of office for a member of the board of trustees shall be for a term of two (2) or four (4) years at the discretion of the appointing authority.

Section 2023 (c) At the first meeting of the initial board of trustees, the trustees shall classify themselves by lot into two classes, as nearly equal as possible. The term of office of the class having the greater number shall expire at noon on the first Monday in January that is closest to the second year from the appointments made pursuant to Section 2021. The term of office of the class having the lesser number shall expire at noon on the first Monday in January that is closest to the first year from the appointments made pursuant to Section 2021.

If you have any questions please feel free to contact me at (707) 285-2200.

Thank you for your prompt consideration of this matter.

Respectfully,
Dawn Williams
Confidential Administrative Assistant

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Packet Pg. 221 Attachment: Shaun McCaffery - Reappointment Request (3839 : Council appointments to Boards and Commissions - 2023)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: City Council meetings and work session dates for 2023 PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

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

By motion, re-schedule certain regular 2023 City Council meeting dates that fall on a holiday and approve the City Council meeting schedule for 2023, including the anticipated work sessions and special meeting dates.

BACKGROUND:

The Healdsburg Municipal Code requires that the Council meet the first and third Mondays of each month.

DISCUSSION/ANALYSIS:

In 2023, the regularly scheduled meetings of January 2nd January 16 th
, February 20
th
, June 19th
and September 4
th fall on observed holidays and the City Hall offices are closed. Pursuant to the City Council’s protocols, those meetings would be rescheduled as follows:

Regular meeting date Rescheduled meeting date
January 2, 2023 January 3, 2023
January 16, 2023 January 17, 2023
February 20, 2023 February 21, 2023
June 19, 2023 June 20, 2023
September 4, 2023 September 5, 2023
July 3, 2023 Cancelled
July 17, 2023 Cancelled
As noted above, it is proposed that Council takes a recess in July. This is consistent with the approach taken the last six years. The two meetings in July that would be cancelled are July 3,

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2023 and July 17, 2023. A special meeting can always be called during that month if the need arises. Staff is also proposing to cancel the January 3, 2023 City Council meeting due to proximity to major holidays. The proposed regular Council meeting schedule is below for Council’s consideration.

The January 17 meeting has the potential to be problematic due to two out of town conferences that week that will require City Council attendance. Staff requests that the City Council discuss that meeting and the possibility of a special meeting on an alternative date and provide direction.

Regular Meetings Special Meetings / Work Sessions
Tuesday January 3, 2023 Meeting Cancelled
Tuesday January 17, 2023
Monday February 6, 2023 Potential Goal Setting Date #1 – February 4, 2023 Tuesday February 21, 2023 Potential Goal Setting Date #2 – February 11, 2023 Monday March 6, 2023 Potential Goal Setting Date #3 – March 10, 2023 Monday March 20, 2023
Monday April 3, 2023
Monday April 17, 2023
Monday May 1, 2023
Monday May 15, 2023
Monday June 5, 2023
Tuesday June 20, 2023
Monday July 3, 2023 Meeting Cancelled
Monday July 17, 2023 Meeting Cancelled
Monday August 7, 2023
Monday August 21, 2023
Tuesday September 5, 2023
Monday September 18, 2023
Monday October 2, 2023
Monday October 16, 2023
Monday November 6, 2023
Monday November 20, 2023
Monday December 4, 2023
Monday December 18, 2023
The City Council on an annual basis also holds work sessions and special meetings to discuss Council goal setting, the annual budget, and other issues that require additional Council discussion outside the regular meeting schedule. At this time, staff is providing three potential dates for a goal setting session. February 4, 2023, February 11, 2023 and March 10, 2023. We would like Council to discuss the three potential dates and provide direction on a preferred date.

In connection with this item, Staff is also suggesting Council keep every Monday open for potential special meetings.

ALTERNATIVES:

The Council can opt to further revise the proposed regular and special meeting/work session schedule as deemed necessary.

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FISCAL IMPACT:

No fiscal impact is anticipated from setting the 2023 Council meeting and work session schedule.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the approval of the 2023 City Council meeting schedule is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):
2023 Meeting Dates

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CITY COUNCIL OF THE CITY OF HEALDSBURG
LIST OF 2023 CITY COUNCIL

REGULAR AND SPECIAL MEETINGS AND WORK SESSIONS
Regular Meetings Special Meetings / Work Sessions
Tuesday January 3, 2023 Meeting Cancelled
Tuesday January 17, 2023
Monday February 6, 2023 Potential Goal Setting Date #1 – February 4, 2023 Tuesday February 21, 2023 Potential Goal Setting Date #2 – February 11, 2023 Monday March 6, 2023 Potential Goal Setting Date #3 – March 10, 2023 Monday March 20, 2023
Monday April 3, 2023
Monday April 17, 2023
Monday May 1, 2023
Monday May 15, 2023
Monday June 5, 2023
Tuesday June 20, 2023
Monday July 3, 2023 Meeting Cancelled
Monday July 17, 2023 Meeting Cancelled
Monday August 7, 2023
Monday August 21, 2023
Tuesday September 5, 2023
Monday September 18, 2023
Monday October 2, 2023
Monday October 16, 2023
Monday November 6, 2023
Monday November 20, 2023
Monday December 4, 2023
Monday December 18, 2023

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Packet Pg. 225 Attachment: 2023 Meeting Dates (3838 : Council Meeting Dates - 2023)

Healdsburg City CouncilDecember 19, 2022

Healdsburg City Council
December 19, 2022