Healdsburg City Council
December 19, 2022

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING AGENDA
City Hall Council Chamber Meeting Date: December 19, 2022 401 Grove Street Time: 6:00 PM
Healdsburg, CA 95448 Date Posted: December 14, 2022
(707) 431-3317
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CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), City Council Members will be participating in this meeting either via Zoom Webinar or in person, socially distanced, in the Council Chamber at 401 Grove Street.

How to Observe the Meetings
To maximize public safety while maintaining transparency and public access, the Healdsburg City Council will be using Zoom Webinar service to allow remote participation. Members of the public who only wish to watch the meeting live or recorded can do so by using the link http://healdsburgca.iqm2.com/Citizens/default.aspx or watching it on the City’s Facebook Page www.facebook.com/cityofhealdsburg.

To Watch the Meeting and Submit Public Comment as Part of the Zoom Webinar:

To join by computer, tablet, or mobile device:

1. Go to https://zoom.us/join and type in the Webinar ID: 829 3665 1969 or follow this link:
https://cityofhealdsburg-org.zoom.us/s/82936651969 (Pre-registration for the meeting is not required.)

2. Fill in your full name, verify you are not a robot (if required), and click “Join”.

3. If the meeting host has started the Webinar, you should join automatically. If the meeting host has not started the Webinar, remain in the Webinar and it will start shortly.

To join by phone:

1. Dial 669-900-9128 or 253-215-8782 or 346-248-7799.

2. Enter the meeting ID: 829 3665 1969 and press # #.

3. If the meeting host has started the meeting, you should join automatically. If the meeting host has not started the meeting, remain in the meeting and it will start shortly.

To Submit Public Comment
By computer, tablet, or mobile device:

1. In the bottom center of the screen is a hand icon, click on “Raise Hand”. The hand icon will place you in line to speak.

City Council/RSA Regular Meeting Agenda
December 19, 2022

2. When it is your turn to comment, the meeting moderator will call upon you to comment.

State your first name, last name, address, and comment. Each speaker will be given no more than three (3) minutes to make your comment.

3. When you are done commenting, please remember to lower hand.

By phone:

1. Press *9 to raise your hand.

2. When it is your turn to comment, the meeting moderator will call the last four digits of your phone number. Press *6 to speak at that time. State your first name, last name, address, and comment. Each speaker will be given no more than three (3) minutes to make your comment.

3. At the conclusion of your comments or when three minutes has passed, the meeting host will remove your ability to talk.

Americans with Disabilities Act Accommodations
Any member of the public who needs accommodations should email the City Clerk at [email protected] or by calling 707-431-3317. The City Clerk will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the city procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the city website at https://www.ci.healdsburg.ca.us/406/ada---public-accessibility.

City Council/RSA Regular Meeting Agenda
December 19, 2022

1. CALL TO ORDER/ROLL CALL
A. Pledge of Allegiance
B. Approval of Agenda

2. REPORT ON CLOSED SESSION(S)

3. ANNOUNCEMENTS/PRESENTATIONS
A. Recognizing Information Technology Manager Adam McKenna for Five Years of Dedicated Service to the City of Healdsburg

4. CITY MANAGER REPORTS

5. PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON

AGENDA ITEMS
This time is set aside to receive comments from the public regarding matters of general interest not on the agenda, but related to City Council/RSA business. Pursuant to the Brown Act, however, the City Council cannot consider any issues or take action on any requests during this comment period. Public comment on non-agenda items is limited to thirty (30) minutes total for all speakers, with each speaker given no more than three (3) minutes. If there are more than ten (10) audience/public comment speakers, the Mayor may reduce each speaker’s time from three (3) minutes so that all speakers have an equal time to speak. At the Mayor’s discretion, the public comment period may be extended past 30 minutes. Members from the public wishing to speak on a Consent Agenda item should notify the Mayor during Public Comments.

6. CONSENT CALENDAR
The following items listed on the Consent Calendar are considered routine in nature or have been previously reviewed by the Council and require little or no further discussion by the Council, public, or applicant and action will be taken by the City Council by a single motion. A Councilmember may request that an item be removed from the Consent Calendar and action taken separately. Consent by a majority of the Councilmembers present will be required in order to remove the item. In the event an item is removed, the matter will be considered immediately following the adoption of the Consent Calendar.

A. Accept the Recycled Water Expansion Project - Phase 2, Project SE001, as Complete
Adopt a Resolution accepting the Recycled Water Expansion Project Phase 2 as complete and authorizing staff to file the notice of completion.

City Council/RSA Regular Meeting Agenda
December 19, 2022

B. Procurement of City Vehicles
Adopt a Resolution approving the purchase of a 2022 F250 from Sanderson Ford for $68,988; approving amendments to existing purchase order contracts with National Auto Fleet Group to change them to 2023 Model Year vehicles; approving the purchase of a 2023 Ford E-Transit Cargo Van from National Auto Fleet Group; authorizing the City Manager to execute the purchase order contract with Sanderson Ford and the Purchase Order and Amendments with National Auto Fleet Group; and increasing appropriations in the Vehicle Replacement Fund to cover the costs of the amendments and new vehicle purchases.

C. Vacating the public emergency vehicle access easement as shown on Lot One of the Final Map of the Mill District Subdivision
Adopt a Resolution summarily vacating the public emergency vehicle access easement as shown on Lot 1 of the Final Map for the Mill District Subdivision pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, which public emergency vehicle access easement will be superseded by relocation at a future date.

CEQA Exemption: The adoption of this resolution is exempt from environmental review pursuant to section 15061(b)(3) of the State CEQA Guidelines.

D. 2023 Local Appointments List pursuant to The Maddy Act Adopt a Resolution approving the Local Appointment List of Positions on City Boards, Commissions, and Committees that will have vacancies in 2023 and designating the Healdsburg Public Library as the public library to receive a copy of the Local Appointments List pursuant to The Maddy Act.

E. Fiscal Year 2021-2022 Annual Report of Developer Fees (AB 1600 Report) Adopt a Resolution accepting the fiscal year 2021-2022 annual report of development impact fee activity.

F. City Hall Planning Counter Modifications
Adopt a Resolution conditionally awarding the contract for the construction of the City Hall Planning Counter Modifications to BEAM Construction in an amount not to exceed $57,800; authorizing the City Manager to execute the construction contract and related change orders; approving a 10% contract contingency in the amount of $5,780; and increasing appropriations in the fiscal year 2022-23 budget.

City Council/RSA Regular Meeting Agenda
December 19, 2022

CEQA Exemption: The scope of work for this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Title 14, the California Code of Regulations, Section 15301(e).

G. Senior Center Improvements
Adopt a Resolution conditionally awarding the contract for the construction of the Senior Center Improvements to FRC, Inc. in an amount not to exceed $171,000; authorizing the City Manager to execute the construction contract and related change orders; approving a 10% contract contingency in the amount of $17,100; and increasing appropriations in the fiscal year 2022-23 budget.

CEQA Exemption: The scope of work for this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Title 14, the California Code of Regulations, Section 15301(e).

H. Alliance Medical Center Lease Agreement for the Healdsburg Community Center Adopt a Resolution authorizing the City Manager to execute a lease agreement with Alliance Medical Center for space at the Healdsburg Community Center.

I. Appointment of Senior Citizen Advisory Commissioner
By motion, appoint Susan Graf to the Senior Citizen Advisory Commission for a term of three years due to expire January 1, 2026.

7. PUBLIC HEARINGS
A. 2022 California Fire Code with local amendments
Pass an ordinance repealing Ordinance No. 1194, and adopting by reference the 2022 California Fire Code, with the proposed amendments, additions and deletions.

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

C. Conduit financing for the North Village Apartments Affordable Housing Project

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as Amended (the "Code"); and
City Council/RSA Regular Meeting Agenda
December 19, 2022

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.

8. OLD BUSINESS
A. Saggio Hills Park Naming Process
Discuss a proposed process for naming the new park in the Saggio Hills development and provide direction to staff.

9. NEW BUSINESS
A. Appoint Council subcommittee to interview Planning Commission applicants Consider appointing a Council subcommittee to interview the applicants for the Planning Commission.

B. Appointments of Council Members to various Boards and Commissions for 2023 By motion assign Council Member appointments to the various Boards and Commissions for 2023.

C. City Council meetings and work session dates for 2023 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.

10. COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE

PREVIOUS REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS

11. WRITTEN COMMUNICATIONS

12. ADJOURN CITY COUNCIL / RSA MEETING

13. FUTURE AGENDA ITEMS
City Council/RSA Regular Meeting Agenda
December 19, 2022

A. Some of the items planned for the January 3, 2023 Council Meeting include, but are not limited to:
• This Council Meeting may be cancelled
Some of the items planned for the January 17, 2023 Council Meeting include, but are not limited to:
• Appointment of new Commissioner to the Planning Commission • Community Wildfire Protection Plan Presentation
• Grove Street Neighborhood Plan Implementation OBAG Application Some of the items planned for the February 6, 2023 Council Meeting include, but are not limited to:
• Appeal of the Honor Mansion Decision
These agenda items may be delayed or removed before the meeting. Please review the agenda for that meeting when it is published to ensure that you can voice your opinion about issues you are concerned about.

SB 343 - DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Any writings or documents provided to a majority of the City Council/Redevelopment Successor Agency Board regarding any item on this agenda after the posting of this agenda and not otherwise exempt from disclosure, will be made available for public review in the City Clerk's Office located at City Hall, 401 Grove Street, Healdsburg, during normal business hours. If supplemental materials are made available to the members of the City Council/Redevelopment Successor Agency Board at the meeting, a copy will be available for public review at the City Hall Council Chambers, 401 Grove Street, Healdsburg, CA 95448.

These writings will be made available in appropriate alternative formats upon request by a person with a disability, as required by the Americans with Disabilities Act.

DISABLED ACCOMMODATIONS: The City of Healdsburg will make reasonable accommodations for persons having special needs due to disabilities. Please contact Raina Allan, City Clerk, at Healdsburg City Hall, 401 Grove Street, Healdsburg, California, 431-3317, at least 72 hours prior to the meeting, to ensure the necessary accommodations are made.

CIUDAD DE HEALDSBURG
CONSEJO MUNICIPAL/AGENCIA SUCESORA DE REURBANIZACIÓN
ORDEN DEL DÍA DE LA REUNIÓN HABITUAL
City Hall Council Chamber
(Salón del Consejo Municipal) Fecha de la reunión: 19 de diciembre de 2022 401 Grove Street Hora: 6:00 pm
Healdsburg, CA 95448 Fecha de publicación: 14 de diciembre de 2022 (707) 431-3317
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AVISO SOBRE EL CORONAVIRUS (COVID-19)
En consonancia con la Sección 54953(e) del Código de Gobierno, los miembros del Consejo Municipal participarán en esta reunión por seminario o en persona, con distanciamiento físico, en las cámaras del Consejo en 401 Grove Street.

Cómo observar las reuniones
Para maximizar la seguridad del público y a la vez mantener la transparencia y el acceso público, el Consejo Municipal de Healdsburg usará el servicio de seminario de Zoom para permitir la participación remota. Los miembros del público que sólo deseen ver la reunión en vivo o grabada, pueden hacerlo utilizando el siguiente enlace:
http://healdsburgca.iqm2.com/Citizens/default.aspx o en la página de Facebook de la Ciudad:
www.facebook.com/cityofhealdsburg.

Para observar la reunión y presentar un comentario público como parte del seminario Zoom:

Para participar por computadora, tableta o teléfono móvil:

1. Vaya a https://zoom.us/join y escriba el identificador (ID) del seminario: 829 3665 1969 o siga este enlace: https://cityofhealdsburg-org.zoom.us/s/82936651969 (No se requiere preinscripción para la reunión).

2. Escriba su nombre completo y, si se requiere, verifique que no es un robot y haga clic en “Join”.

3. Si la persona que anfitriona la reunión ya ha iniciado el seminario, usted ingresará automáticamente a la reunión. Si esa persona no ha iniciado el seminario, permanezca en él y se iniciará en breve.

Para participar por teléfono:

1. Marque 669-900-9128 o 253-215-8782 o 346-248-7799.

2. Escriba el identificador (ID) de la reunión: 829 3665 1969 y oprima # #.

3. Si el anfitrión de la reunión ya ha iniciado el seminario, usted ingresará automáticamente a la reunión. Si tal persona no ha iniciado el seminario, permanezca en él y se iniciará en breve.

Consejo Municipal/Orden del día de la reunión habitual
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Para presentar un comentario público
Por computadora, tableta o teléfono móvil:

1. En medio del pie de la página de la pantalla hay un símbolo de una mano, haga clic en “Raise Hand” (Levante la mano). Presionar el símbolo de la mano le colocará en la fila para hablar.

2. Cuando sea su turno para hacer un comentario, el moderador de la reunión le llamará para que lo haga. Diga su primer nombre, su apellido, su dirección y haga su comentario. Cada persona tendrá no más de tres (3) minutos para hacer su comentario.

3. Por favor, recuerde bajar la mano cuando termine su comentario.

Por teléfono:

1. Oprima *9 para levantar la mano.

4. Cuando sea tu turno para hacer un comentario, el moderador de la reunión llamará los últimos cuatro dígitos de su número de teléfono. Oprima *6 para hablar en ese momento.

Diga su primer nombre, apellido, dirección y haga su comentario. Cada persona tendrá no más de tres (3) minutos para hacer su comentario.

2. Al concluir sus comentarios, o cuando hayan pasado tres minutos, el anfitrión de la reunión le quitará su posibilidad de hablar.

Adaptaciones de la Ley de Estadounidenses con Discapacidades Cualquier miembro del público que necesite adaptaciones, debe enviar un correo electrónico a la secretaria municipal a [email protected] o llamar al 707-431-3317. La secretaria municipal hará todo lo posible por proporcionar adaptaciones razonables y ofrecer la mayor accesibilidad posible, así como al mismo tiempo mantener la seguridad pública de acuerdo con el procedimiento de la ciudad para resolver las solicitudes de adaptaciones razonables. Todas las adaptaciones razonables ofrecidas se enumeran en la página web de la ciudad en:
https://www.ci.healdsburg.ca.us/406/ada---public-accessibility.

Consejo Municipal/Orden del día de la reunión habitual
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1. LLAMADA AL ORDEN/PASAR LISTA
A. Juramento a la bandera
B. Aprobación del orden del día

2. INFORME SOBRE LA SESIÓN/LAS SESIONES A PUERTA CERRADA

3. ANUNCIOS/PRESENTACIONES
A. Reconocimiento a Adam McKenna, Director de Tecnologías de la Información, por sus cinco años de dedicación al servicio de la ciudad de Healdsburg

4. INFORMES DEL ADMINISTRADOR DE LA CIUDAD

5. COMENTARIOS PÚBLICOS SOBRE LOS PUNTOS EN EL CALENDARIO ACORDADO Y LOS PUNTOS NO INCLUIDOS EN EL ORDEN DEL DÍA
Este tiempo está dedicado para recibir comentarios del público sobre asuntos de interés general no incluidos en el orden del día, pero relacionados con los asuntos del Consejo Municipal/RSA. Sin embargo, conforme la Ley Brown, el Consejo Municipal no puede considerar temas o tomar medidas sobre cualquier solicitud hecha durante este período de comentario. Los comentarios del público sobre los asuntos no incluidos en el orden del día están limitados a un total de treinta (30) minutos para todos los participantes, y cada persona tendrá no más de tres (3) minutos. Si hay más de diez (10) comentarios públicos, el Alcalde puede reducir el tiempo de tres (3) minutos de cada orador para que así todos los oradores tengan el mismo tiempo para hablar. A discreción del Alcalde, se puede extender el período de comentarios públicos a más de 30 minutos. Los miembros del público que deseen hablar sobre un asunto en el Calendario Acordado deben de notificárselo al Alcalde durante los comentarios públicos.

6. CALENDARIO ACORDADO
Los siguientes puntos enumerados en el orden del día acordado se consideran rutinarios o han sido discutidos previamente por el Consejo y requieren poca o ninguna discusión por parte del Consejo, el público o solicitante y el Consejo Municipal tomará medidas en una sola moción. Un miembro del consejo puede solicitar que se excluya un punto del Calendario Acordado y se pueden tomar medidas por separado. Para excluir un punto, se requiere el consentimiento de una mayoría de los miembros del Consejo presentes. En caso de que se excluya un punto, el asunto se considerará de inmediato después de la adopción del Calendario Acordado.

A. Aceptar como finalizado el Proyecto de Expansión de Agua Reciclada – Fase 2, Proyecto SE001.

Adoptar una Resolución que acepte la finalización del Proyecto de Expansión de Agua Reciclada Fase 2 por la cual se autoriza al personal a presentar la notificación de finalización.

Consejo Municipal/Orden del día de la reunión habitual
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B. Adquisición de vehículos para la Ciudad
Adoptar una Resolución por la cual se aprueba la compra de un F250 2022 en Sanderson Ford por $68,988; se aprueban las enmiendas a los contratos de orden de compra existentes con National Auto Fleet Group para cambiarlos a vehículos del año modelo 2023; se aprueba la compra de una furgoneta de carga Ford E-Transit 2023 de National Auto Fleet Group; se autoriza al Administrador de la Ciudad a ejecutar el contrato de orden de compra con Sanderson Ford y la orden de compra y las enmiendas con National Auto Fleet Group; y se aumentan la apropiación del Fondo de Sustitución de Vehículos para cubrir los costes de las enmiendas y las nuevas compras de vehículos.

C. Anular el derecho de vía para vehículos de emergencia pública que figura en el Lote Uno del Mapa Final de la Subdivisión de Mill District.

Adoptar una Resolución por la cual se anula sumariamente el derecho de vía pública de acceso de vehículos de emergencia que figura en el Lote 1 del Mapa Final de la Subdivisión de Mill District, de conformidad con el Capítulo 4 de la Parte 3 de la División 9 del Código de Calles y Carreteras de California, cuyo derecho de vía pública de acceso de vehículos de emergencia será sustituido por una reubicación en una fecha futura.

Exención CEQA: La adopción de esta resolución está exenta de revisión ambiental de conformidad con la sección 15061(b)(3) de las Directrices CEQA del Estado.

D. Lista de Nombramientos Locales 2023 de conformidad con la Ley Maddy Adoptar una Resolución por la que se apruebe el nombramiento local de las posiciones en las juntas, comisiones y comités municipales que tendrán vacancias en el año 2023 y designar a Healdsburg Public Library como la biblioteca pública a recibir una copia de la Lista de nombramientos de conformidad con la Ley Maddy.

E. Informe anual del año fiscal 2021-2022 de las tasas de urbanización (Informe AB 1600)
Adoptar una Resolución por la cual se acepta el informe anual del año fiscal 2021 - 2022 de las tasas de urbanización.

F. Modificaciones del mostrador de planificación de la Municipalidad Adoptar una Resolución por la cual se adjudica condicionalmente el contrato para la construcción de las modificaciones del mostrador de planificación de la Municipalidad de 2022 a BEAM Construction por un importe no superior a $57,800; se autoriza al Administrador de la Ciudad a ejecutar el contrato de construcción y las órdenes de Consejo Municipal/Orden del día de la reunión habitual
19 de diciembre de 2022
Página 5
cambio relacionadas; se aprueba una contingencia contractual del 10% por un importe de $5,780; y se aumenta la apropiación en el presupuesto del año fiscal 2022-23.

Exención CEQA: El ámbito de trabajo de este proyecto está exento de las disposiciones de la Ley de Calidad Ambiental de California ("CEQA") de conformidad con el Título 14 del Código Normativo de California, Sección 15301(e).

G. Mejoras al Centro para personas mayores (Senior Center) Adoptar una Resolución por la cual se adjudica condicionalmente el contrato para la construcción de las mejoras del Centro de Mayores 2022 a FRC, Inc. por un importe no superior a $171,000; se autoriza al Administrador de la Ciudad a ejecutar el contrato de construcción y las órdenes de cambio relacionadas; se aprueba una contingencia de contrato del 10% por un importe de $17,100; y se aumenta la apropiación en el presupuesto del año fiscal 2022-23.

Exención CEQA: El ámbito de trabajo de este proyecto está exento de las disposiciones de la Ley de Calidad Ambiental de California ("CEQA") de conformidad con el Título 14 del Código Normativo de California, Sección 15301(e).

H. Contrato de arrendamiento de Alliance Medical Center para Healdsburg Community Center
Adoptar una Resolución por la cual se le autoriza al Administrador de la Ciudad a ejecutar el contrato de arrendamiento con Alliance Medical Center por espacio en Healdsburg Community Center.

I. Nombramiento de un Comisionado Asesor de Personas Mayores Por moción, nombrar a Susan Graf como miembro de la Comisión Asesora de Personas Mayores por un plazo de tres años que vencerá el 1ro de enero de 2026.

7. AUDIENCIAS PÚBLICAS
A. Código de Incendios de California de 2022, con las modificaciones locales Aprobar una Ordenanza por la cual se revoque la Ordenanza No. 1194 y se adopte por referencia el Código de Incendios de California de 2022, con las modificaciones, adiciones y supresiones propuestas.

B. Código de Normas de Construcción de California, Título 24 de 2022 con enmiendas locales
Consejo Municipal/Orden del día de la reunión habitual
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Aprobar una Ordenanza adoptando por referencia, el Código de Normas de Construcción de California 2022, Título 24 con enmiendas locales; y la Exención CEQA relacionada.

C. Financiación canalizada para el proyecto de viviendas asequibles North Village Apartments

1. Llevar a cabo la audiencia pública conforme a los requisitos de TEFRA y del Código de Ingresos Internos de 1986, en su versión modificada (el "Código"); y

2. Adoptar una Resolución por la cual se aprueba la emisión de Bonos por parte de la CMFA en beneficio de Burbank Housing Development Corporation, una corporación de beneficio público sin fines de lucro de California y una organización descrita en la Sección 501(c)(3) del Código de Ingresos Internos de 1986 (el "Patrocinador"), en nombre de una sociedad de responsabilidad limitada que se creará y será propiedad exclusiva del Patrocinador o de un afiliado del Patrocinador (dicha sociedad de responsabilidad limitada, el "Prestatario"), para proporcionar la financiación del Proyecto, siendo dicha adopción únicamente a efectos de satisfacer los requisitos de TEFRA, el Código y el Código Gubernamental de California, Sección 6500 (y siguientes); y Autorizar el Administrador de la Ciudad o a la persona que éste designe a ejecutar el Acuerdo de Ejercicio Conjunto de Poderes con la CMFA.

8. ASUNTOS PENDIENTES
A. Proceso para dar nombre al Parque Saggio Hills
Discutir una propuesta de proceso para dar nombre al nuevo parque de la urbanización Saggio Hills y dar instrucciones al personal.

9. ASUNTOS NUEVOS
A. Nombrar un subcomité del Consejo para entrevistar a los candidatos a la Comisión de Planificación
Consideración de formar un subcomité del Consejo para entrevistar a los candidatos a la Comisión de Planificación.

B. Nombramientos de Miembros del Consejo para diversas Juntas y Comisiones para el año 2023
Por moción, asignar los nombramientos de los Miembros del Consejo a las diversas Juntas y Comisiones para el año 2023.

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C. Fechas de las reuniones y sesiones de trabajo del Consejo Municipal para el año 2023
Por moción, reprogramar determinadas fechas de reuniones ordinarias del Consejo Municipal de 2023 que caen en día festivo y aprobar el calendario de reuniones del Consejo Municipal para 2023, incluidas las sesiones de trabajo previstas y las fechas de reuniones extraordinarias.

10. INFORMES DEL CONSEJO SOBRE ASUNTOS DE INTERÉS QUE HAN OCURRIDO DESDE LA REUNIÓN HABITUAL ANTERIOR/INFORMES DE

REEMBOLSO DE GASTOS

11. COMUNICACIONES ESCRITAS

12. TERMINAR LA REUNIÓN DEL CONSEJO MUNICIPAL/RSA

13. PUNTOS FUTUROS PARA EL ORDEN DEL DÍA
A. Algunos de los puntos planeados para la Reunión del Consejo del 3 de enero de 2023 incluyen, entre otros:
• Esta reunión del Consejo puede cancelarse
Algunos de los puntos planeados para la Reunión del Consejo del 17 de enero de 2023 incluyen, pero no se limitan a:
• Nombramiento de un nuevo Comisionado para la Comisión de Planificación • Presentación del Plan Comunitario de Protección contra Incendios Forestales • Implementación del Plan Vecinal de Grove Street Solicitud de OBAG Algunos de los temas planeados para la Reunión del Consejo del 6 de febrero 2023 incluyen, pero no se limitan a:
• Apelación de la Decisión de la Mansión de Honor
Estos puntos del orden del día pueden retrasarse o eliminarse antes de la reunión. Por favor, revise la agenda de esa reunión cuando se publique para asegurarse de que puede expresar su opinión sobre los temas que le interesan.

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SB 343 - DOCUMENTOS RELACIONADOS CON EL ÓRDEN DEL DÍA DE LAS SESIONES ABIERTAS: Cualquier escrito o documento provisto a una mayoría de la Junta del Consejo Municipal/Agencia de Desarrollo Sucesora con respecto a cualquier punto en este orden del día después de la publicación de la misma y que no esté exento de divulgación, se pondrá a disposición del público en la Oficina de la Secretaría Municipal ubicada en City Hall, 401 Grove Street, Healdsburg, durante horas de oficina normales. Si el material complementario se pone a disposición a los miembros de la Junta del Consejo Municipal/Agencia de Desarrollo Sucesora durante la reunión, una copia se hará disponible para la revisión pública en las Cámaras del Consejo Municipal, 401 Grove Street, Healdsburg, CA 95448.

Estos escritos se pondrán a disposición en formatos alternativos apropiados a petición de una persona con discapacidad, tal y como exige la Ley de Estadounidenses con Discapacidades.

ADAPTACIONES POR DISCAPACIDAD: La ciudad de Healdsburg hará adaptaciones razonables para las personas con necesidades especiales debidas a discapacidades. Por favor, contacte a Raina Allan, secretaria municipal, en Healdsburg City Hall, 401 Grove Street, Healdsburg, California, 431-3317, por lo menos 72 horas antes de la reunión para garantizar que se realicen las adaptaciones necesarias.

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Accept the Recycled Water Expansion Project - Phase 2, Project SE001, as Complete
PREPARED BY: Patrick Fuss, Water/Wastewater Engineer
STRATEGIC INITIATIVE(S):

Pursue Initiatives that Promote Environmental Stewardship Maintain and Improve Infrastructure and Facilities
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

Adopt a Resolution accepting the Recycled Water Expansion Project Phase 2 as complete and authorizing staff to file the notice of completion.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City operates an advanced wastewater treatment plant under a permit administered by the State of California’s North Coast Regional Water Quality Control Board (“Regional Board”).

The Regional Board adopted the Water Quality Control Plan for the North Coast Region (the “Basin Plan”) with the intent to protect the waters of the North Coast. One of the goals of the Basin Plan is to prevent the discharge of “waste” to specific North Coastal basins. For the City of Healdsburg, the Regional Board enacted a seasonal prohibition of discharge to the Russian River and its tributaries from May 15 to September 30.

In an August 2018 study, the City determined agricultural reuse to be the most cost-effective method to achieve compliance with the seasonal discharge prohibition. The City has invested in distribution systems to convey recycled water to end users. The City has also promoted the use of recycled water through its Recycled Water Program (“Program”). The primary uses for recycled water include dust control, vineyard irrigation, and to a small extent, urban irrigation.

Project PWS936, Recycled Water Expansion Project Phase 2, adds approximately 200 acres of agricultural lands to the 1,100 acres that are able to be served recycled water.

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Environmental compliance was obtained by the City preparing and certifying a Subsequent Environmental Impact Report (SEIR). The City has applied to the Regional Board for modification of the recycled water use permit to include the area west of Westside Road to be served by this project. The City has also applied for expansion of the allowed uses to include pasture, hay, orchard, non-dairy livestock watering, and cannabis irrigation, as well as frost protection, in addition to the already-permitted vineyard and landscape irrigation uses. These expanded applications were approved in early 2022.

DISCUSSION/ANALYSIS:

Project PWS936, Recycled Water Expansion Project Phase 2, was advertised for bidding in March 2021. Bids were opened on April 29, 2021. Six bids were received with the lowest bid of $1,167,197 offered by Terracon Constructors of Healdsburg, CA. The City awarded the construction contract to Terracon Constructors at the May 17, 2021 City Council meeting.

The work has been completed in accordance with the contract documents and approved change order. Change orders consisted of:
- Change Order No. 1 – Pipeline fittings required but not indicated on the Plans. $7,922.47 - Change Order No. 2 – Rock excavation. $48,030.50
- Change Order No. 3 – Access road to the booster pump station. $8,932.69 - Change Order No. 4 – Fence and additional grounding rod at pump station. $11,157.54 - Change Order No. 5 - Pump station fittings required but not indicated on the Plans. $6,585.59 The Project completion was originally anticipated for October 2021. The supply chain issues that have been occurring since the COVID pandemic effected this project. Both the booster pumps (part of Terracon’s project scope) and PG&E’s procurement and installation of a pole-bolted distribution transformer required to provide service created significantly project delays.

ENVIRONMENTAL STEWARDSHIP:

The City’s recycled water program helps to offset the use of surface water and groundwater to meet irrigation needs. Offsetting the use of these naturally occurring water supplies helps maintain our environment, increases the local supply of water, and helps to build drought resiliency for the region.

As part of the preparation of the Recycled Water Expansion Project, the City prepared a Subsequent Environmental Impact Report (SEIR). The includes mitigation and monitoring requirements that reduce potentially significant impacts to less than significant levels. The SEIR was certified by City Council on November 4, 2019. In compliance with the mitigation measures outlined in the SEIR, the City engaged a consultant to conduct biological and archaeological surveys of the work area on August 6, 2020 (wetlands delineation and special status species survey) and July 2, 2021 (preconstruction survey for reptiles and amphibians). The consultant conducted training of the contractor work team on July 12, 2021, on proper protocols to avoid impacting the biological and cultural resources.

ALTERNATIVES:

The City Council could choose not to accept the Project as complete and provide further direction to staff. Staff does not recommend this alternative as the work is complete and notice of

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completion should be recorded to close out the contract FISCAL IMPACT:

On May 17, 2021, City Council awarded a Construction contract to Terracon Constructors for a base cost of $1,167,197 and authorized a 15% contingency for a total Construction cost of $1,342,277. The construction contract was completed under the authorized construction budget for a total of $1,235,527.16. The City retained $61,776.35 of the construction cost, which will be released to the contractor 35-calendar days following acceptance of the Project by City Council.

The total cost for project PWS936/SE001 Recycled Water Expansion Project Phase 2 is approximately $1,307,438.58. The project may incur minor additional costs associated with project close out.

ENVIRONMENTAL ANALYSIS:

A Subsequent Environmental Impact Report for this project was prepared by the City, certified on November 4, 2019, and a Notice of Determination was duly recorded on November 12, 2019.

ATTACHMENT(S):

Resolution
Certificate of Completion
RW Exp Proj Ph2 Notice of Completion
RW Exp Proj Ph2 Maintenance Bond

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CITY OF HEALDSBURG
RESOLUTION NO. -2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ACCEPTING THE RECYCLED WATER
EXPANSION PROJECT, PHASE 2, AS COMPLETE AND

AUTHORIZING STAFF TO FILE A NOTICE OF COMPLETION
WHEREAS, the City of Healdsburg owns and operates a Water Reclamation Facility; and WHEREAS, the Water Reclamation Facility is operated under NPDES discharge permit administered by the North Coast Regional Water Quality Control Board; and WHEREAS, the NPDES discharge permit has a requirement that prohibits discharge of treated effluent from May 15 to September 30; and
WHEREAS, the City has determined that the most cost-effective means to comply with the seasonal discharge prohibition is through agricultural reuse of recycled water; and WHEREAS, the City has developed projects to expand the recycled water program to include areas west of Westside Road, of which the Recycled Water Expansion Project, Phase 2, will add approximately 200 acres to the 1,100 acres that can be served recycled water via pipeline; and
WHEREAS, on May 17, 2021, City Council awarded the Recycled Water Expansion Project, Phase 2 construction contract to Terracon Constructors, Inc. (Contractor), in the amount of amount of $1,167,197 with a contingency of $175,080; and WHEREAS, on November 21, 2022, the Contractor finalized the Project in accordance with the contract documents to the satisfaction of the City; and WHEREAS, the City’s Utility Engineering Manager has reviewed all the completed work and finds the work complete per the prepared plans; and WHEREAS, A Subsequent Environmental Impact Report for this project was prepared by the City, certified on November 4, 2019, and a Notice of Determination was duly recorded on November 12, 2019.

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

1. Accepts the project as complete and authorizes staff to file a Notice of Completion with the County Recorder’s Office.

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Attachment: Resolution (3834 : Accept Recycled Water Expansion Project Phase 2) Resolution No. xx-2022

2. Authorizes staff to release any retention due and payable to Terracon Constructors, Inc. thirty-five (35) days after the recordation of the Notice of Completion subject to any retention requirements permitted by law.

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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Attachment: Resolution (3834 : Accept Recycled Water Expansion Project Phase 2)

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Attachment: Certificate of Completion (3834 : Accept Recycled Water Expansion Project Phase 2)

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Attachment: Certificate of Completion (3834 : Accept Recycled Water Expansion Project Phase 2) Recording Requested by:

Healdsburg City Clerk
When Recorded Return to:

Healdsburg City Clerk
401 Grove Street
Healdsburg, Ca. 95448

CITY OF HEALDSBURG

NOTICE OF COMPLETION
Project Title: Recycled Water Expansion Project Phase 2 Site Address or
Location:
110-120-022 – Syar Industries
110-120-007 – G3 Enterprises
110-120-014 – John Bacigalupi
110-120-031 – Protestant Episcopal Bishop of California 110-180-036 – John Bucher
Property Owner:
110-120-022 – Syar Industries
110-120-007 – G3 Enterprises
110-120-014 – John Bacigalupi
110-120-031 – Protestant Episcopal Bishop of California 110-180-036 – John Bucher
Address:
110-120-022 – Syar Industries, P.O. Box 2540, Napa, CA 94558 110-120-007 – G3 Enterprises, 502 E. Whitmore Ave, Modesto, CA 95358
110-120-014 – John Bacigalupi, 4375 Westside Road, Healdsburg, CA 95448
110-120-031 – Protestant Episcopal Bishop of California, 5297 Westside Road, Healdsburg, CA 95448
110-180-036 – John Bucher, 5285 Westside Road, Healdsburg, CA 95448
Nature of Owner’s
Interest Grant Easement
NOTICE IS HEREBY GIVEN THAT I, Patrick Fuss, Utility Engineering Manager, of the City of Healdsburg, California, on November 21, 2022, did file with the City Clerk of the City of Healdsburg, my Certificate of Completion of the following described work the contract for doing which was heretofore awarded to Terracon Constructors, Inc. on May 17, 2021, in accordance with the City Clerk and approved by the City Council of said City;
That said work and improvements were actually completed on November 21, 2022;

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Attachment: RW Exp Proj Ph2 Notice of Completion (3834 : Accept Recycled Water Expansion Project Phase 2) Recording Requested by:

Healdsburg City Clerk
When Recorded Return to:

Healdsburg City Clerk
401 Grove Street
Healdsburg, Ca. 95448
That acceptance of the said work and improvements was ordered by City Council Resolution No____ on December 19, 2022
That said work and improvements consisted construction of 12-inch and 8-inch pipeline and booster pump station, and associated appurtenances as more specifically described in the plans and specifications approved by the City Council of the City of Healdsburg.

I, Patrick Fuss, Utility Engineering Manager, of the City of Healdsburg do hereby certify, under penalty of perjury, that the foregoing is true and correct.

DATED:____________________ ATTEST:
_____________________________
Patrick D. Fuss, P.E. Raina Allan
Utility Engineering Manager City Clerk

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Attachment: RW Exp Proj Ph2 Notice of Completion (3834 : Accept Recycled Water Expansion Project Phase 2)

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Attachment: RW Exp Proj Ph2 Maintenance Bond (3834 : Accept Recycled Water Expansion Project Phase 2)

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Attachment: RW Exp Proj Ph2 Maintenance Bond (3834 : Accept Recycled Water Expansion Project Phase 2)

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Attachment: RW Exp Proj Ph2 Maintenance Bond (3834 : Accept Recycled Water Expansion Project Phase 2)

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Attachment: RW Exp Proj Ph2 Maintenance Bond (3834 : Accept Recycled Water Expansion Project Phase 2)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Procurement of City Vehicles
PREPARED BY: Tyler Kettmann, Central Services Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving the purchase of a 2022 F250 from Sanderson Ford for $68,988; approving amendments to existing purchase order contracts with National Auto Fleet Group to change the model year to 2023 model year vehicles; approving the purchase of a 2023 Ford ETransit Cargo Van from National Auto Fleet Group; authorizing the City Manager to execute the purchase order contract with Sanderson Ford and the Purchase Order and Amendments with National Auto Fleet Group; and increasing appropriations in the Vehicle Replacement Fund resulting from the amendments and new vehicle purchases.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City of Healdsburg Vehicle Replacement Schedule includes the replacement of six vehicles in fiscal year 2022-23 that are at the end of their useful life utilized by the Utilities, Police, Fire, Public Works, and Community Services Departments.

DISCUSSION/ANALYSIS:

Following the Healdsburg Municipal Code, Staff requested quotes from National Auto Fleet Group for the purchase of replacement vehicles. The vehicles are available under Sourcewell Contract 091521-060920-NAF. Sourcewell is a municipal contracting agency that offers cooperative purchasing solutions for products and services that are competitively bid nationally and made available for use by member agencies. The City of Healdsburg is a member of Sourcewell. Cooperative purchasing provisions are allowed for in Section 3.24.080.A.8 of the Healdsburg Municipal Code.

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City vehicle 400 is a 2007 Ford E-150 cargo van that is proposed to be replaced by a 2023 Ford E-Transit Cargo Van. Staff have secured a proposal and early spot in the production line for the 2023 model from National Auto Fleet Group under the Sourcewell contract for $62,041. This vehicle replacement would eliminate a gas-engine vehicle from the fleet and replace it with a fully electric van.

Vehicle manufacturers are experiencing a global microchip shortage and supply chain disruptions due to several factors including the lingering impact of the COVID-19 pandemic.

These issues have affected some of the City’s existing 2022 model year orders, as manufacturers were unable to meet demand during the current model year production timeline. As a result, the City must re-order proposed 2022 vehicles for 2023 model year vehicles. Because the City has existing purchase order contracts, the vehicle manufacturer and National Auto Fleet Group will prioritize all 2022 orders that are re-submitted as 2023-year models.

Unfortunately, National Auto Fleet Group is unable to offer 2022 pricing because of the rising cost of the raw materials and lowered government discounts available from the manufacturer.

However, updating City orders through National Auto Fleet Group still affords the City discounted pricing on MSRP within the terms of the Sourcewell contract, and keeping the existing orders also affords the City a priority position in the production line for 2023. A summary of the vehicle replacements proposed to be resubmitted as 2023-year models is below.

EXISTING VEHICLES SCHEDULED FOR REPLACEMENT VEHICLES REPLACED BY CITY

VEH ID VEH YR MAKE MODEL
NEW
CITY

VEH ID VEH YR MAKE MODEL
11 2003 GMC SIERRA 2500 102 2023 FORD F250
34 2004 CHEVROLET SILVERADO 1500 103 2023 FORD F150 LIGHTNING 73 2001 GMC SIERRA 1500 108 2023 FORD F150 LIGHTNING
242 2017 FORD INTERCEPTOR 253 2023 FORD INTERCEPTOR
In FY 2021-2022 Staff was unable to order the intended replacement for City vehicle 6342 for the Fire Department due to the order window closing earlier than expected. City vehicle 6342 is overdue for replacement and deferring the replacement another year will negatively impact Fire Department operations unduly.

Staff has sourced an available 2022 F250 SRW 4X4 Crew Cab XL 160” WB Styleside 6.7L Power Stroke V8 Diesel 10-Speed Automatic just recently received locally by Sanderson Ford and have secured a proposal for its purchase. This available vehicle would serve as an appropriate replacement as originally intended for City vehicle 6342.

The order window for 2023 Ford F250 and comparable trucks under the Sourcewell contract is currently open, however placing a new order now would delay receipt by a year or more and opens the City to the potential that the order may not be filled if current supply chain conditions persist. Staff estimates an approximate 5% cost savings by purchasing the locally available 2022 model compared to ordering a 2023 model for production next year. Due to the scarce availability of appropriate replacements for City vehicle 6342, Staff is requesting Council waive

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the competitive bid process for this purchase and authorize staff to negotiate the purchase by a four-fifths vote, consistent with HMC 3.24.080.

Due to rising costs, limited availability of new replacement vehicles, and pressing needs for replacements of aging vehicles, staff recommends and requests Council approve the following actions:
• Approve the purchase of a 2022 F250 SRW 4X4 Crew Cab XL 160” WB Styleside 6.7L Power Stroke V8 Diesel 10-Speed Automatic from Sanderson Ford for $68,988. • Approve amendments to existing purchase order contracts with National Auto Fleet Group to change the model year to 2023 model year vehicles, increasing the not to exceed amounts by $26,381 to $150,445 for PO PTC 00739 and by $11,843 to $157,578 for PO PTC 00794.
• Approve the purchase of a 2023 Ford E-Transit Cargo Van from National Auto Fleet Group under Sourcewell Contract # 091521-060920-NAF for a not to exceed amount of $62,041.
• Authorize the City Manager to execute the purchase order contract with Sanderson Ford and the Purchase Order and Contract Amendments with National Auto Fleet Group. • Increase appropriations in the Vehicle Replacement Fund to cover the costs of the amendments and new vehicle purchases.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

As an alternative, the City Council could direct staff to delay the purchases or ask staff to reject the quotes and rebid. This alternative is not recommended, as the replacement price is not expected to decrease and would not result in a net savings to the City.

FISCAL IMPACT:

The total purchase amount of the replacement vehicles exceeds the current adopted FY 2022-23 budget for the Vehicle Replacement Fund. Staff is requesting increasing appropriations in the Vehicle Replacement Fund. A summary of the increased costs is further described in the table below.

DEPT VEHYR

VEHICLE
NUM
FY 22-23
Budget
(Includes
Upfitting)
Updated
Purchase
Cost
Expected
Upfitting
Costs
FY 22-23
Budget
Increase MAKE MODEL
Fire Dept 2022 TBD $ 56,193 $ 68,988 $ 10,000 $ 22,795 FORD F250 Utilities (Electric) 2023 401 $ 58,000 $ 62,041 $ 7,000 $ 11,041 FORD E-Transit Cargo Van Utilities
(Water/Wastewater) 2023 102 $ 44,662 $ 60,405 $ 15,744 FORD F250

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Police Dept 2023 253 $ 67,641 $ 55,159 $ 23,120 $ 10,637 FORD INTERCEPTOR Public Works 2023 103 $ 48,218 $ 53,385 $ 5,167 FORD F150 LIGHTNING Community Services 2023 108 $ 48,758 $ 55,434 $ 6,676 FORD F150 LIGHTNING Total: $323,472 $355,412 $40,120 $ 72,060
There is adequate funding in the Vehicle Replacement Fund Balance to support the increased costs due to previous contributions made towards the future replacements of vehicles. The adopted biennial budget included funding for vehicles purchased in the current budget cycle as well as additional funding to incrementally build fund balance for the future replacement of vehicles. However, due to the financial condition of the water, sewer, and streets funds, no additional contributions for future vehicle replacements were included in the adopted budget for these funds. By using the available fund balance in the Vehicle Replacement Fund to offset the costs of current vehicle purchases, future acquisitions may need to be delayed or supported by additional contributions at the time of acquisition. Staff are requesting the FY 2022-23 adopted budget be amended to increase expenditure appropriations in the Vehicle Services Fund budget by $72,060. The budget amendment is attached to the resolution as Exhibit A.

ENVIRONMENTAL ANALYSIS:

The purchase of vehicles is an administrative activity, which is not considered 'project' as defined by the California Environmental Quality Act (“CEQA”) (CEQA Guidelines§15378).

Consequently, no CEQA action is required.

ATTACHMENT(S):

Resolution
Exhibit A

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CITY OF HEALDSBURG
RESOLUTION NO. ____ - 2022

ADOPT A RESOLUTION APPROVING THE PURCHASE OF A
2022 F250 FROM SANDERSON FORD FOR $68,988;

APPROVING AMENDMENTS TO EXISTING PURCHASE

ORDER CONTRACTS WITH NATIONAL AUTO FLEET
GROUP, CHANGING THE MODEL YEAR TO 2023 MODEL
YEAR VEHICLES; APPROVING THE PURCHASE OF A 2022

FORD E-TRANSIT CARGO VAN FROM NATIONAL AUTO
FLEET GROUP; AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PURCHASE ORDER CONTRACT WITH

SANDERSON FORD AND THE PURCHASE ORDER AND
AMENDMENTS WITH NATIONAL AUTO FLEET GROUP;

AND INCREASING APPROPRIATIONS IN THE VEHICLE

REPLACEMENT FUND TO COVER THE COSTS OF THE

AMENDMENTS AND NEW VEHICLE PURCHASES
WHEREAS, the City of Healdsburg Vehicle Replacement Schedule includes the replacement of six vehicles in fiscal year 2022-23 that are at the end of their useful life utilized by the Utilities, Police, Fire, Public Works, and Community Services Departments.; and WHEREAS, following the Healdsburg Municipal Code, staff requested quotes from National Fleet Group for the purchase of replacement vehicles; and WHEREAS, the vehicles are available under the Sourcewell Contract 091521-060920- NAF; and
WHEREAS, Sourcewell is a national municipal contracting agency that offers purchasing solutions for products and services that are competitively bid nationally and made available for use by member agencies; and
WHEREAS, cooperative purchasing provisions are allowed for in Section 3.24.080.A.8 of the Healdsburg Municipal Code; and
WHEREAS, City vehicle 400 is a 2007 Ford E-150 cargo van that is proposed to be replaced by a 2023 Ford E-Transit Cargo Van, staff have secured a proposal and early spot in the production line for the 2023 model from National Auto Fleet Group under the Sourcewell contract for $62,041, and this vehicle replacement would eliminate a gas-engine vehicle from the fleet and replace it with a fully electric van; and
WHEREAS, due to the global microchip shortage and lingering effects of COVID causing plant downtime, several City vehicle orders were pushed to the 2023 model year causing increases in expected costs to existing Purchase Orders with National Auto Fleet Group; and

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Attachment: Resolution (3857 : Procurement of Vehicles) Resolution No. xx-2022

WHEREAS, updating existing orders with National Auto Fleet Group will offer the City priority placement in the 2023 model year production line; and WHEREAS, staff have sourced an available 2022 F250 just recently received locally by Sanderson Ford and have secured a proposal for its purchase; and WHEREAS, Staff is requesting Council waive the competitive bid process for the purchase with Sanderson Ford and authorize staff to negotiate the purchase by a four-fifths vote per HMC

3.24.080 due to scarcity of available new vehicles on the market; and WHEREAS, staff are requesting the FY 2021-22 adopted budget be amended to increase appropriations in the Vehicle Services Fund budget as described in attached Exhibit A; and WHEREAS, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

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

1. Adopts a Resolution approving the purchase of a 2022 Ford F250 from Sanderson Ford for $68,988, waiving the competitive bid process and authorizing staff to negotiate the purchase by a four-fifths vote per HMC 3.24.080.

2. Approves amendments to existing purchase order contracts with National Auto Fleet Group to change the model year to 2023 model year vehicles, increasing the not to exceed amounts by $26,381 to $150,445 for PO PTC 00739 and by $11,843 to $157,578 for PO PTC 00794.

3. Approves the purchase of a 2022 Ford E-Transit Cargo Van from National Auto Fleet Group under Sourcewell Contract # 091521-060920-NAF for a not to exceed amount of $62,041.

4. Authorizes the City Manager to execute the purchase order contract with Sanderson Ford and the Purchase Order and Amendments with National Auto Fleet Group.

5. Increases appropriations in the Vehicle Replacement Fund adopted budget for FY 2022-23 to cover the costs of the amendments and new vehicle purchases, as described in attached Exhibit A.

6. Finds the purchase of vehicles is an administrative activity, which is not considered 'project' as defined by the California Environmental Quality Act (“CEQA”) 15378(b)(5).

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Attachment: Resolution (3857 : Procurement of Vehicles) Resolution No. xx-2022

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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Attachment: Resolution (3857 : Procurement of Vehicles) Resolution No.

Exhibit A
Account Number Increase Amount Decrease Amount Description 622-6162-43225-00000 $ 1,723 Public Works - F150 Lightning 622-6163-43225-00000 $ 1,722 Public Works - F150 Lightning 622-6164-43225-00000 $ 1,722 Public Works - F150 Lightning 622-5501-43225-00000 $ 22,795 Fire Department - F250
622-7573-43225-00000 $ 11,041 Electric Utilities - E-Transit Cargo Van 622-6367-43225-00000 $ 7,872 Water & Sewer Utilities - F250 622-6369-43225-00000 $ 7,872 Water & Sewer Utilities - F250 622-5301-43225-00000 $ 10,637 Police Department - Interceptor 622-3001-43225-00000 $ 6,676 Community Services - F150 Lighting FY 22-23 Budget Amendment

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Attachment: Exhibit A (3857 : Procurement of Vehicles)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Vacating the public emergency vehicle access easement as shown on Lot One of the Final Map of the Mill District Subdivision
PREPARED BY: Curt Bates, Principal Engineer
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution summarily vacating the public emergency vehicle access easement as shown on Lot 1 of the Final Map for the Mill District Subdivision pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, which public emergency vehicle access easement will be superseded by relocation at a future date.

COMMUNITY ENGAGEMENT/OUTREACH:

The Mill District Project (“Project”) was publicly noticed, and public hearings were held before the Planning Commission and City Council as part of the approval of various land use entitlements required for the Project, including the Tentative Map application. Further, going forward, public outreach and noticing are performed with all design review applications for all lots within the Project. No additional community engagement or outreach is required nor necessary for this proposed action to summarily vacate the existing emergency vehicle access easement located on Lot 1 (the “EVA Easement”).

BACKGROUND:

As required by the Tentative Map approved for the Project, the final map for the Project recorded on December 28, 2020, Book 817 of Maps, Pages 32 – 47, Document No. 2020-124351, in the Office of the County Recorder of the County of Sonoma, State of California (“Final Map”), included the dedication of the EVA Easement by the Project developer (“Developer”) to the City, and the acceptance of the EVA Easement by the City, subject to improvement. The purpose of the EVA Easement is to not only allow public emergency vehicles to enter the Mill District property to perform emergency services, but also to ensure that there is adequate and sufficient space for emergency vehicles to enter the property and maneuver.

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As will be discussed further below, the location of the EVA Easement, as shown on the Final Map, an excerpt of which is attached hereto as Exhibit A, needs to be relocated to facilitate the development of components of the Project on Lot 1. Accordingly, there is the need to vacate the EVA Easement and relocate it in a new location.

The City Council may summarily vacate a public service easement, such as the EVA Easement, in any of the following cases as provided by Section 8333 of the California Streets and Highways Code:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

The existing EVA Easement proposed to be summarily vacated will be superseded by relocation as a condition of any final design review for Lot 1 or Lot 2, there are no public facilities within the EVA Easement area, and thus meets the requirements of subsection (c) on the condition that a new public emergency vehicle access easement is dedicated to the City as part of final design review for Lot 1 and Lot 2.

DISCUSSION/ANALYSIS:

Through the design review process for the amenities building on Lot 1, the Developer, Replay Destinations, determined that the EVA Easement that was dedicated on Lot 1 pursuant to the Final Map needs to relocated to adequately serve both Lot 1 and 2 of the project. The initial design of on-site features for Lot 1 was modified during the design review process, thus triggering the need to relocate the EVA Easement. City staff, including the Fire Department, have reviewed the proposed summary vacation of the EVA Easement and do not object to this proposed action, on the condition that the approval of final design review for both Lot 1 and Lot 2 include a requirement for Replay Destinations to dedicate to the City a new public emergency vehicle access easement, in a form acceptable to the City Attorney, for acceptance and use.

For the City to summarily vacate the existing EVA Easement, the City Council must adopt the resolution attached to this staff report. The resolution will summarily vacate the existing EVA Easement that was offered for dedication by the Developer on the Final Map, and accepted by the City, subject to improvement, pursuant to the provisions set forth in Section 8333 (c) of the California Streets and Highways Code, on the condition that the approval of final design review for both Lot 1 and Lot 2 include a requirement for Replay Destinations to dedicate to the City a new public emergency vehicle access easement, in a form acceptable to the City Attorney, for acceptance and use. Once approved, the City Clerk will be required to record a certified copy of the Resolution to Summarily Vacate the EVA Easement in the Official Records of Sonoma County pursuant to California Streets and Highways Code Section 8336.

ENVIRONMENTAL STEWARDSHIP:

The Developer is bound by, and required to perform, all mitigation measures for the Mill District

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Project contained in and required by the Mill District environmental approvals, including all mitigation monitoring and reporting.

ALTERNATIVES:

It is recommended that the City Council adopt the attached resolution to summarily vacate the existing EVA Easement. Alternatively, the City Council could disallow the proposed summary vacation and require the developer to modify the site design for Mill District Lot 1.

FISCAL IMPACT:

The Mill District project is a privately funded development that will generate property tax, transient occupancy tax, and sales tax revenues which will help to offset the City's costs of providing services to the project. The project is likely to provide other long-term fiscal benefits to the community.

More specifically, through the project entitlements, the Developer is required to make several land dedications, public and private improvements, and cash contributions to the City.

Staff costs to process the proposed summary vacation have been funded through the Mill District developer deposit account.

ENVIRONMENTAL ANALYSIS:

The adoption of this resolution described above is not subject to further review under the requirements of the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.) (“CEQA”). The Project is located within a geographic area for which the City previously prepared and adopted the Central Healdsburg Avenue Plan (“CHAP”). Prior to the City’s approval of the CHAP, an Environmental Impact Report (“EIR”) was prepared pursuant to CEQA and certified by the Healdsburg City Council on January 21, 2014 (State Clearinghouse Number 2012112011), which analyzed the environmental impacts of buildout under the CHAP.

The analysis in the CHAP EIR allows the use of CEQA streamlining and/or tiering provisions for projects developed under the CHAP EIR, including this Project.

On January 8, 2019, the Planning Commission considered the various applications for land use entitlements required for the Project, which included Tentative Subdivision Map TM 2017-01, Development Agreement DA 2018-01, Conditional Use Permit CUP 2017-12, Historic Demolition Permit MISC 2017-01, and Heritage Tree Permit HT 2017-02, to allow a mixed use development and State Density Bonus including 15,000 square feet of commercial, a 53-room hotel, and 208 residential and associated site improvements at the former Nu Forest site (together, the “Project”). On January 8, 2019, the Planning Commission approved the Mill District Conditional Use Permit, Historic Demolition Permit, and Tree Removal Permit, and recommended that the City Council approve the Tentative Map and Development Agreement.

On March 11, 2019, the City Council approved the Mill District Tentative Map and introduced an associated Development Agreement including public benefits as part of the Project and on April 1, 2019, the City Council approved the Mill District Development Agreement including public benefits as part of the Project.

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In connection with the approval of the Project, the City determined that pursuant to CEQA Guidelines Section 15183 no further environmental review was necessary for the Project, because the Project would not result in any significant impacts that: (1) were peculiar to the project or project site; (2) were not identified as significant project-level, cumulative, or off-site effects in the CHAP EIR; or (3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the CHAP EIR was certified, are determined to have a more severe adverse impact than discussed in the CHAP EIR.

Accordingly, the City determined that no further environmental review was required for the Project pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162, 15164, and 15168.

Similarly, in connection with the approval of the summary vacation of the EVA Easement, which is to be relocated as a condition of approval of final design review for both Lot 1 and Lot, no further environmental review is necessary because the vacation and relocation of the EVA Easement will not result in any significant impacts that: (1) are peculiar to the Project or Project site; (2) were not identified as significant project-level, cumulative, or off-site effects in the CHAP EIR; or (3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the CHAP EIR was certified, are determined to have a more severe adverse impact than discussed in the CHAP EIR. Accordingly, no further environmental review is required for the approval of the summary vacation of the EVA Easement pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162, 15164, and 15168.

ATTACHMENT(S):

Resolution
Exhibit A - Recorded Final Map

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CITY OF HEALDSBURG
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG TO SUMMARILY VACATE THE PUBLIC

EMERGENCY VEHICLE ACCESS EASEMENT AS SHOWN

ON LOT ONE OF THE FINAL MAP FOR THE MILL DISTRICT

SUBDIVISION, OFFICIAL RECORDS OF SONOMA COUNTY
BOOK 817, PAGES 32-47, DOCUMENT NO. 2020-124351,
PURSUANT TO CHAPTER 4 OF PART 3 OF DIVISION 9 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE,

WHICH PUBLIC EMERGENCY VEHICLE ACCESS

EASEMENT WILL BE SUPERSEDED BY RELOCATION
WHEREAS, on April 6, 2020, under the authority of Resolution No. 30-2020, the City of Healdsburg ("City") City Council approved the final subdivision map for the Mill District project (“Project”) and approved acceptance of the public emergency vehicle access easement (“EVA Easement”) shown on lot one of the final map; and
WHEREAS, the EVA Easement was required as part of the Project entitlements to allow emergency response to the Property; and
WHEREAS, upon detailed design review of the amenities building on Lot 1, it was determined that the location of the EVA Easement is in conflict with the current Lot 1 on-site design for the amenities building and is required to be relocated onto portions of Lot 1and Lot 2 at a future date, after final design review of both lots has been completed; and WHEREAS, pursuant to Sections 8300 et seq. of the California Streets and Highways Code, project developer Replay Destinations requests that the City Council summarily vacate the existing EVA Easement shown on the Mill District Subdivision Final Map, recorded on December 28, 2020, Book 817 of Maps, Pages 32-47, document number 2020-124351, Sonoma County Records, and attached as “Exhibit A” to this resolution; and WHEREAS, City staff has reviewed and recommends approval of the proposed summary vacation of said EVA Easement on the condition that the approval of final design review for both Lot 1 and Lot 2 include a requirement for Replay Destinations to dedicate to the City a new public emergency vehicle access easement, in a form acceptable to the City Attorney, for acceptance and use; and
WHEREAS, the Project is located within a geographic area for which the City previously prepared and adopted the Central Healdsburg Avenue Plan (CHAP); and WHEREAS, prior to the City’s approval of the CHAP, an Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.) (CEQA), and certified by the Healdsburg City Council on January 21, 2014 (State

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Attachment: Resolution (3850 : Summary Vacation of Emergency Vehicle Access Easement for Mill District) Resolution No. -2022

Clearinghouse Number 2012112011), which analyzed the environmental impacts of buildout under the CHAP; and
WHEREAS, the analysis in the CHAP EIR allows the use of CEQA streamlining and/or tiering provisions for projects developed under the CHAP EIR, including this Project; and WHEREAS, on January 8, 2019, the Planning Commission considered the land use applications submitted for the Project, which included Tentative Subdivision Map TM 2017-01, Development Agreement DA 2018-01, Conditional Use Permit CUP 2017-12, Historic Demolition Permit MISC 2017-01, and Heritage Tree Permit HT 2017-02, to allow a mixed use development and State Density Bonus including 15,000 square feet of commercial, a 53-room hotel, and 208 residential and associated site improvements at the former Nu Forest site; and WHEREAS, on January 8, 2019, the Planning Commission approved the Mill District Conditional Use Permit, Historic Demolition Permit, and Tree Removal Permit, and recommended that the City Council approve the Tentative Map and Development Agreement; and WHEREAS, on March 11, 2019, the City Council approved the Mill District Tentative Map and introduced an associated Development Agreement including public benefits as part of the Project; and
WHEREAS, on April 1, 2019, the City Council approved the Mill District Development Agreement including public benefits as part of the Project; and WHEREAS, in the course of approving the Project, the City determined that pursuant to CEQA Guidelines Section 15183 no further environmental review was necessary for the Project, because the Project would not result in any significant impacts that: (1) were peculiar to the Project or Project site; (2) were not identified as significant project-level, cumulative, or off-site effects in the CHAP EIR; or (3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the CHAP EIR was certified, are determined to have a more severe adverse impact than discussed in the CHAP EIR; and WHEREAS, the City separately and independently also determined that no further environmental review was required for the Project pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162, 15164, and 15168; and WHEREAS, similarly, the approval of the summary vacation of the EVA Easement, which is to be relocated as a condition of approval of final design review for both Lot 1 and Lot, does not require further environmental review because the vacation and relocation of the EVA Easement will not result in any significant impacts that: (1) are peculiar to the Project or Project site; (2) were not identified as significant project-level, cumulative, or off-site effects in the CHAP EIR; or (3) were previously identified significant effects, which as a result of substantial new information

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Attachment: Resolution (3850 : Summary Vacation of Emergency Vehicle Access Easement for Mill District) Resolution No. -2022

that was not known at the time that the CHAP EIR was certified, are determined to have a more severe adverse impact than discussed in the CHAP EIR; and WHEREAS, no further environmental review is required for the approval of the summary vacation of the EVA Easement pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162, 15164, and 15168.

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

1. The recitals set forth above are adopted as findings in support of this Resolution.

2. This Mill District Project is consistent with the CHAP and was previously found not to require any further environmental review pursuant to CEQA Guidelines Section 15183.

The proposed summary vacation of the EVA Easement, to be relocated, would not cause new significant impacts not previously identified in the previously certified CHAP EIR, nor result in a substantial increase in the severity of previously identified significant impacts. No new mitigation measures would be necessary to reduce significant impacts.

No changes have occurred with respect to circumstances surrounding the CHAP or the Mill District Project that would cause significant environmental impacts to which the proposed summary vacation of the EVA Easement would contribute considerably, and no new information has been put forward that shows that the proposed summary vacation of the EVA Easement would cause significant environmental impacts. Therefore, no supplemental environmental review is required for the proposed summary vacation of the EVA Easement in accordance with Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 and 15164.

3. In accordance with California Streets and Highways Code Section 8333 (c), the City Council of the City of Healdsburg hereby vacates the public emergency vehicle access easement, as shown on Lot 1 of the Mill District Subdivision Final Map, recorded on December 28, 2020, Book 817 of Maps, Pages 32-47, document number 2020-124351, Sonoma County Records, and attached hereto as Exhibit A, on the condition that the approval of final design review for both Lot 1 and Lot 2 of the Mill District Subdivision Final Map include a requirement for dedication to the City of a new public emergency vehicle access easement, in a form acceptable to the City Attorney, for acceptance and use.

4. From and after the date of recordation of this Resolution, the public emergency vehicle access easement, more particularly depicted and described on Page 5 of 16 of the Mill District Subdivision Final Map and in Exhibit A attached hereto, will no longer constitute a public service easement.

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Attachment: Resolution (3850 : Summary Vacation of Emergency Vehicle Access Easement for Mill District) Resolution No. -2022

5. Pursuant to California Streets and Highway Code Section 8336, the City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Official Records of Sonoma County.

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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Attachment: Resolution (3850 : Summary Vacation of Emergency Vehicle Access Easement for Mill District)

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

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Attachment: Exhibit A - Recorded Final Map (3850 : Summary Vacation of Emergency Vehicle Access

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: 2023 Local Appointments List pursuant to The Maddy Act PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving the Local Appointment List of Positions on City Boards, Commissions, and Committees that will have vacancies in 2023 and designating the Healdsburg Public Library as the public library to receive a copy of the Local Appointments List pursuant to The Maddy Act.

BACKGROUND:

The Legislature enacted Government Code Section 54970 et seq (“The Maddy Act”) to increase public awareness of appointments to be made by any local government and to provide the local legislative bodies access to a talent resource that otherwise would go underutilized.

Government Code Section 54972 requires each legislative body to prepare on or before December 31st of each year a “Local Appointments List” (“List”) of all regular and ongoing boards, commissions and committees which are appointed by the legislative body of the local agency. The List must contain the terms that will expire during the next calendar year, along with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Government Code Section 54973 requires that the legislative bodies designate either the City internet website or the public library with the largest service population within the jurisdiction to receive a copy of the list.

DISCUSSION/ANALYSIS:

In 2023, two terms on the Parks and Recreation Commission, two terms on the Planning Commission and two terms on the Senior Citizen Advisory Commission will expire.

The List of vacancies for 2023 has been prepared pursuant to the Maddy Act and is attached for

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your consideration. If the resolution is approved as recommended, staff will post it on the City’s website.

ALTERNATIVES:

No alternative is available. This action is proposed to comply with a State mandate.

FISCAL IMPACT:

There is no fiscal impact related to the proposed action.

ENVIRONMENTAL ANALYSIS:

The subject matter of this resolution involves administrative activities of the City that will not result in direct or indirect changes in the environment. Therefore, the adoption of this resolution is not a “project”, as defined in the California Environmental Quality Act (“CEQA”) and does not require environmental review, pursuant to Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), sections 15060(c)(3) and 15378(b)(5).

ATTACHMENT(S):

Resolution
List of Appointments_2023

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CITY OF HEALDSBURG
RESOLUTION NO. _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE LOCAL APPOINTMENT

LIST OF POSITIONS ON BOARDS, COMMISSIONS AND
COMMITTEES FOR 2023 AND DESIGNATING THE

HEALDSBURG REGIONAL LIBRARY AS THE PUBLIC

LIBRARY TO RECEIVE A COPY OF THE LOCAL

APPOINTMENTS LIST PURSUANT TO THE MADDY ACT
WHEREAS, the Maddy Act takes into consideration that a vast and largely underutilized pool of talent exists among the citizenry whom all too frequently are not aware of the opportunities for participation on local regulatory and advisory boards and commissions; and WHEREAS, the Maddy Act was enacted to increase public awareness of appointments to be made by the City Council; and
WHEREAS, in accordance with this provision, on or before December 31st of each year, the City Council shall cause to be prepared a list of appointments of all ongoing boards, commissions and committees which are appointed by the City Council; and WHEREAS, California Government Code Section 54973 requires the City Council to either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby approves the attached Local Appointments List of Positions on City Boards, Commissions, and Committees that will have vacancies in 2023 and designates the City of Healdsburg Internet Website as the place to post a copy of the annual Local Appointments List.

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

AYES: Councilmembers: (4) Chambers, Jones, Vice Mayor McCaffery NOES: Councilmembers: (0) None
ABSENT: Councilmembers: (0) None
ABSTAINING: Councilmembers: (0) None
SO ORDERED: ATTEST:
__________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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Attachment: Resolution (3837 : Local Appointments List pursuant to the Maddy Act)

CITY OF HEALDSBURG

OFFICE OF THE CITY CLERK

PUBLIC NOTICE

LOCAL APPOINTMENTS LIST OF POSITIONS
ON CITY BOARDS, COMMISSIONS AND COMMITTEES EXPIRING IN 2023 NOTICE IS HEREBY GIVEN THAT the City Council of the City of Healdsburg encourages residents to apply for positions on City Boards, Commissions, and Committees that will have vacancies in 2023.

Pursuant to the Maddy Act, the following is a complete list of the terms expiring in 2023, the names of the incumbents, and the dates of their appointment.

PARKS & RECREATION COMMISSION
Name of Appointee Appointment Date Term Expiration
Ron Dobley 1/2020 1/1/2023
Lacey Scott 1/2020 1/1/2023
The powers and duties of the Parks and Recreation Commission include serving in an advisory capacity to the City Council and the Community Services Department on policies and programs pertaining to parks, recreation facilities, and programming.

The seven members of the Commission are appointed by a majority of the City Council, each member to serve at the pleasure of the Mayor and the City Council for three (3) year terms and until a successor is appointed. All members serve without compensation. The Commission meets on the second Wednesday of each month at 6:00 PM in the City Hall Council Chamber or such other time and place as the Commission may establish from time to time following proper notice. Two of the seven members may reside outside the City limits but must reside within the boundaries of the Healdsburg Unified School District.

PLANNING COMMISSION
Name of Appointee Appointment Date Term Expiration
Howard Brunner 7/2019 6/30/2023
Carrie Hunt 4/2021 6/30/2023
The Planning Commission’s role include implementation of the City’s Land Use Code (Zoning Ordinance) and Subdivision Ordinance and other regulatory and advisory duties required by the City Council. The Commission also acts as the Historic Committee.

The seven members of the Commission are appointed by a majority of the City Council, each to serve at the will of the City Council for terms of up to four (4) years and until a successor is appointed. The Commission meets the second and fourth Tuesdays of the month at 6:00 PM in the City Hall Council Chamber. Members must reside within the City limits and may be appointed to successive terms without limitations.

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Attachment: List of Appointments_2023 (3837 : Local Appointments List pursuant to the Maddy Act)

SENIOR CITIZEN ADVISORY COMMISSION
Name of Appointee Appointment Date Term Expiration
David Hoppes 2/2020 1/1/2023
Mary Fitzgerald 2/2020 1/1/2023
The function of the Senior Citizen Advisory Commission is to advise the City Council and the Community Services Department on matters relating to policies and programs which serve senior citizens of the community.

The up to seven members of the Commission are appointed by the City Council. The term of office of all members is three (3) years. The Commission meetsthe 4th Wednesday of the month, in the City Hall Council Chamber, 401 Grove Street, Healdsburg, CA or at such other time and location as the Commission may establish from time to time following proper notice. Members must reside within the City limits and be senior citizens (55 years of age or older).

Dated: December 19, 2022
______________________________
Raina Allan, City Clerk

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Attachment: List of Appointments_2023 (3837 : Local Appointments List pursuant to the Maddy Act)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Fiscal Year 2021-2022 Annual Report of Developer Fees (AB 1600 Report)
PREPARED BY: Katie Edgar, Finance Director
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Adopt a resolution accepting the fiscal year 2021-2022 annual report of development impact fee activity.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City imposes various fees to mitigate the impact of development pursuant to Government Code 66000 et seq. One of the mandated accounting guidelines, as stated in Government Code 66006(a), provides that the City shall establish separate capital accounts for each type of improvement funded by development fees. Therefore, the City maintains separate funds for Fire Facilities, Streets/Traffic, Water, Sewer, Drainage, Electric and Park development impact fees.

Each local agency is required within 180 days after the last day of each fiscal year to make available to the public and report to City Council the following information:
a) Fee description
b) Amount of fee
c) Beginning and ending balance of each fund
d) Amount of fee collected, and corresponding interest earned e) Identification of each public improvement on which fees were expended and the amounts expended on each such improvement, including the total percentage of the cost of the public improvement that funded with the fees
f) Approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement

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g) Description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. h) Amount of refunds made pursuance to subdivision (e) of Section 6601 and any allocations pursuant to subdivision (f) of Section 6601 In addition to the annual reporting requirement, government Code 6601 requires that the City prepare a report for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City is required to make the following findings with respect to that portion of the fund or account remaining unexpended, whether committed or uncommitted:
a) Identify the purpose to which the fee is to be put
b) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged
c) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements
d) Designate the approximate dates on which the funding referred to in subparagraph (c) is expected to be deposited into the appropriate account or fund.

DISCUSSION/ANALYSIS:

In accordance with the requirements of Government Code Section 66000 et seq., the City’s Annual Report on Developers’ Funds is attached as Exhibit A.

No interfund transfers or loans were made from any of the identified accounts and there were no allocations of unexpended revenues collected, pursuant to Government Code §66001(f). There were several funds with revenues remaining unexpended for a period of five years. The required findings for these funds are incorporated in the attached resolution.

The City has provided a copy of this report to the requesting parties and the City has posted a notice on its website of the availability of the development impact fee information.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

This item is presented for review as required by the Government Code to provide information to the public concerning collections and expenditures of Development Impact Fees (AB 1600 Fees). As long as the City maintains these fees, this annual review will be required.

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.

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ATTACHMENT(S):

Resolution
Exhibit A

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CITY OF HEALDSBURG
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG ACCEPTING THE FISCAL YEAR 2021-22
ANNUAL REPORT OF DEVELOPER DEPOSITS (AB 1600

REPORT)
WHEREAS, the City of Healdsburg imposes fees to mitigate the impact of development pursuant to Government Code section 66000 et seq.; and
WHEREAS, said fees collected are deposited into a special segregated account for each type of development fees; and
WHEREAS, the City maintains separate funds for fire facilities, streets/traffic, water, sewer, drainage, electric and park development fees; and WHEREAS, the City is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees under Government Code sections 66001 and 66006; and
WHEREAS, City staff has prepared a report ("AB 1600 Report") that contains the information required by Government Code sections 66001 and 66006; and WHEREAS, no interfund transfers or loans were made from any of the accounts identified in the AB 1600 Report; and
WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code §66001(e), nor were there any allocations of unexpended revenues collected pursuant to Government Code §66001(f); and
WHEREAS, the AB 1600 Report was made available for review on November 28, 2022, more than fifteen (15) days prior to the date that the Council considered the AB 1600 Report; and WHEREAS, one interested persons has requested notice of the AB 1600 Report; and one notice of the availability of the AB 1600 Report was mailed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEALDSBURG FINDS AND RESOLVES AS FOLLOWS:

Section 1.

A. In accordance with Government Code section 66006, the City has conducted an annual review of its development impact fees and capital infrastructure programs and the City Council has

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Attachment: Resolution (3840 : AB 1600 Report for FY 2021-2022) Resolution No.

reviewed the AB 1600 Report attached hereto as Exhibit A and incorporated herein by this reference.

B. The City Council hereby approves, accepts and adopts the AB 1600 Report.

Section 2. That the following findings are made as required under the Government Code Section 66006:

A. The fire facilities impact fee has accumulated $42,273 that has remained unexpended for a period beyond five years. The purpose of this fee is to purchase an aerial ladder truck. A reasonable relationship exists between the need for an aerial ladder truck and future commercial and residential development due to the increased risk of loss of life and property damage that can occur when a ladder truck is not available in a response area. An aerial ladder truck has been acquired for $1,475,115.33 and has been financed through a three-year lease agreement. Additional fire facility impact fee revenues in the amount of $152,203 and direct developer contributions of $696,666 are anticipated to complete repayment of the aerial ladder truck over the course of the next two years.

B. The sewer development impact fee has accumulated $71,136 that has remained unexpended for a period beyond five years. The purpose of this fee is to support the acquisition and construction costs of the existing water and sewer systems, cost of financing system improvements and existing capital reserves. A reasonable relationship exists between the sewer development impact fee and the cost of providing sewer services to new developments. The fee was established with the buy-in methodology assuring new developments pay estimated reasonable costs associated with the use of existing capacity in the City’s sewer system. The adopted fiscal year 2022-2023 budget includes $528,590 in sewer system improvements including centrifuge rotating assemblies and blower reconditioning that requires no additional funding and will be completed within the next fiscal year.

C. The drainage development impact fee has accumulated $469,120 that has remained unexpended for a period beyond five years. The purpose of this fee is to raise capital revenues necessary to mitigate the cost of storm drain infrastructure and facilities necessary to serve new development. There is a reasonable relationship between the demand for additional facilities from new development and the calculated storm drainage development impact fee. The adopted fiscal year 2022-2027 capital improvement plan includes the Healdsburg Avenue Utility Replacement Project that will use $660,000 of drainage development impact fees.

Additional funds including $359,333 in water capital funds, $449,167 in water development impact fee funds, $687,500 in sewer capital funds, and $302,500 in sewer development impact fee funds may be supplement the costs of completing the project. Project design is scheduled to begin in fiscal year 2023-2024.

D. The park development impact fee has accumulated $432,338 that has remained unexpended for a period beyond five years. The purpose of this fee is to fund the design and construction of park and park improvements required to mitigate the impact of new development. There is a reasonable relationship between the demand for parks caused by new development and the calculated fee. The adopted fiscal year 2022-2023 budget includes the Fitch Mountain Park

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Attachment: Resolution (3840 : AB 1600 Report for FY 2021-2022) Resolution No.

and Open Space Preserve Improvements Project that will use $561,569 of park development impact fees. Additional funds including $1,650,000 in coastal conservancy grants, $185,530 in prop 68 per capita grants, and $380,000 in measure m parks funding may supplement the cost of completing the project. Project construction is anticipated to begin in the fiscal year 2022-2023.

Section 3. Effective Date. The resolution shall take effect immediately upon adoption.

Section 4. Severability. If any section, subsection, sentence, clause, phase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phase thereof irrespective of the fact that any one of or more sections, subsections, clauses or phases be declared unconstitutional on their face or as applied.

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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Attachment: Resolution (3840 : AB 1600 Report for FY 2021-2022) Fire Facilities Development Impact
Streets Development Impact
Water Development Impact
Sewer Development Impact
Drainage Development Impact
Electric Development Impact
Park Development Impact
City Council Resolution 98-2013 established the current Sewer Capacity Charges for development within the City of Healdsburg.

The Sewer Capacity Charges are based on a system buy-in methodology that assures new developments pay estimated reasonable costs associated with the use of existing capacity in the City’s sewer system. Fee revenues will be used for the fair share of the City's acquisition and construction costs of the existing sewer systems, costs of financing system improvements, and existing capital reserves.

City Council Resolution 75-1997 updated the Electric Impact Fee for development within the City of Healdsburg. The fee is assessed on new development initial connections to the City's electric system and existing development service upgrades. Fee revenues will be used to fund system expansions that support new development and costs of prior oversizing providing services to new development.

City Council Resolution 74-1997 updated the Park Development Impact Fee for development within the City of Healdsburg. The fee is assessed on new commercial, industrial and residential units to mitigate the impact of development on park facilities. Fee revenues will be used to fund the expansion and improvement of park facilities.

City of Healdsburg
Development Impact Fee Descriptions
City Council Resolution 129-2002 established the Fire Facilities Impact Fee for development within the City of Healdsburg. The fee applies to all commercial and residential development regardless of size of the proposed structure. The fee revenues will be used only for the replacement and maintenance costs of the fire department aerial ladder truck.

City Council Resolution 2-2021 updated the Streets/Traffic Impact Fee for new and expanded development within the City of Healdsburg incorporating an alternative fee schedule effective upon the closure of the City emergency declaration for COVID-19.

Fee revenues will only be used to pay for the portion of various streets facilities that support new development within the City.

City Council Resolution 2-2021 updated the Drainage Impact Fee for new and expanded development within the City of Healdsburg incorporating an alternative fee schedule effective upon the closure of the City emergency declaration for COVID-19.

Fee revenues will only be used to pay for the portion of various drainage facilities that support new development within the City.

City Council Resolution 98-2013 established the current Water Capacity Charges for development within the City of Healdsburg.

The Water Capacity Charges are based on a system buy-in methodology that assures new developments pay estimated reasonable costs associated with the use of existing capacity in the City’s water system. Fee revenues will be used for the fair share of the City's acquisition and construction costs of the existing water systems, costs of financing system improvements, and existing capital reserves.

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Attachment: Exhibit A (3840 : AB 1600 Report for FY 2021-2022) Infrastructure Development Impact Charges - Single Family Residential Dwelling Water System 6,829.47 per unit
Sewer System 11,326.97 per unit
Park System 2,057.00 per unit
Electrical Development Fees
Up to 125 amps 975.00 per unit
Up to 200 amps 1,473.00 per unit
Up to 400 amps 2,925.00 per unit `
Fire Facilities Impact Fees 193.00 per unit
Traffic Facilities 3,206.00 per unit
Storm Drain Facilities 4,293.00 per unit
Infrastructure Development Impact Charges - Secondary Residential Dwelling Unit Tier 2, between 851 and 1200 square feet
Electrical Development Fees 487.00
Park System 1,028.00
Wastewater System Capacity 5,663.49
Water System 3,414.73
Infrastructure Development Impact Charges - Commercial & Industrial Water System 11,404.57 water meter size 1" or smaller (rate varies for larger meter sizes) Sewer System 18,917.09
Park System 0.35 per sq-ft of gross floor area
Electrical Development Fees Varies
Fire Facilities Impact Fees 0.15 per sq-ft of gross floor area Traffic Facilities
Commercial 4,022.00 per 1,000 Building Sq. Ft. or Hotel Room Office 5,118.00 per 1,000 Building Sq. Ft. or Hotel Room Industrial 3,037.00 per 1,000 Building Sq. Ft. or Hotel Room Hotel Room 1,884.00 per 1,000 Building Sq. Ft. or Hotel Room Storm Drain Facilities
Commercial 1,202.00 per 1,000 Building Sq. Ft. or Hotel Room Office 1,932.00 per 1,000 Building Sq. Ft. or Hotel Room Industrial 1,846.00 per 1,000 Building Sq. Ft. or Hotel Room Hotel Room 1,417.00 per 1,000 Building Sq. Ft. or Hotel Room Infrastructure Development Impact Charges - Multi-Family Residential Dwelling Units Water System 4,096.25 per dwelling unit
Sewer System 10,193.66 per dwelling unit
Park System 2,057.00 per dwelling unit
Electrical Development Fees
2 to 8 Units 975.00 per dwelling unit
9 to 50 Units 780.00 per dwelling unit
Fire Facilities Impact Fees 193.00 per dwelling unit
Traffic Facilities 2,138.00 per dwelling unit
Storm Drain System 1,718.00 per sq-ft of hard surface
City of Healdsburg
Development Impact Fees Schedule
water meter size 1" or smaller with low sewer strength (rate varies for larger meter sizes and increased sewer strenghts)

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Attachment: Exhibit A (3840 : AB 1600 Report for FY 2021-2022)

FIRE FACILITIES STREETS WATER SEWER DRAINAGE ELECTRIC PARK

DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT

IMPACT IMPACT IMPACT IMPACT IMPACT IMPACT IMPACT
Beginning Fund Balance 07/01/21 $ 268,544 $ 408,789 $ 1,418,606 $ 1,458,419 $ 766,595 $ 628,020 $ 615,788 per 2020-21 Developer Report
Adjusted beginning fund balance after 268,544 408,789 1,418,606 1,458,419 766,595 628,020 615,788 2020-21 fiscal year end audit

REVENUE
Fees collected 11,026 828,537 986,241 2,225,454 494,143 33,659 503,517 Interest earned (1,771) (17,731) (32,414) (52,974) (18,116) (9,642) (15,624) Rent received - - - - - - 246
9,255 810,806 953,827 2,172,480 476,028 24,017 488,139

EXPENDITURES
Projects 143,334 - 1,138,761 788,822 - 544,543 105,524
Audit Adjustment - - - - - - -
143,334 - 1,138,761 788,822 - 544,543 105,524
Excess of Revenue Over/(Under) (134,079) 810,806 (184,934) 1,383,658 476,028 (520,526) 382,615 Expenditures
Ending Fund Balance 06/30/22 $ 134,465 $ 1,219,595 $ 1,233,672 $ 2,842,077 $ 1,242,623 $ 107,493 $ 998,404 Annual Report on Developers' Funds Per GC 66000
Analysis of Changes in Fund Balance /Working Capital including beginning and ending balances, fees collected and interest earned

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Attachment: Exhibit A (3840 : AB 1600 Report for FY 2021-2022) FY 2021-22
% Funded
with AB
1600 Fee Balance of Project Funding

FIRE FACILITIES DEVELOPMENT IMPACT
Aerial Ladder Truck 143,334 29% Developer Contribution
Total 143,334

STREET DEVELOPMENT IMPACT
Total $ -

WATER DEVELOPMENT IMPACT
Water Capital Reserve 1,000,000 100%
Groundwater Supply Wells / ASR 126,836 21% Grants
Water & Wastewater Rate Study 11,925 50% Wastewater Development Impact Total $ 1,138,761

SEWER DEVELOPMENT IMPACT
Sewer Capital Reserve 500,000 50% Sewer Fund
Biosolids Removal and Disposal 276,897 72% Sewer Fund
Water & Wastewater Rate Study 11,925 50% Water Development Impact Total $ 788,822

DRAINAGE DEVELOPMENT IMPACT
Total $ -

ELECTRIC DEVELOPMENT IMPACT
Badger Substation Reconstruction 544,543 17% Electric Fund Total $ 544,543

PARK DEVELOPMENT IMPACT
Badger Park Redevelopment 27,941 4% Park Dedication, Measure M Parks, Bond Proceeds, Open Space Grant Fitch Mountain Park 77,583 23% Coastal Conservancy Grant, Prop 68 Grant, Measure M Parks Total $ 105,524
Annual Report on Developers' Funds Per GC 66000
Expenditures By Project

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Attachment: Exhibit A (3840 : AB 1600 Report for FY 2021-2022) Anticipated
Start of Project

FIRE FACILITIES DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 134,465
Aerial Ladder Truck 7/1/2023 286,668
Total $ 286,668

STREETS DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 1,219,595
US-101 and Dry Creek Road Interchange 7/1/2024 1,422,500 Total $ 1,422,500

WATER DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 1,233,672
System Improvements 7/1/2022 844,324
Healdsburg Avenue Utility Replacements 7/1/2023 449,167 Groundwater Supply Wells / Aquifer Storage Recovery 7/1/2024 1,931,200 Total $ 3,224,691

SEWER DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 2,842,077
System Improvements 7/1/2022 528,590
Healdsburg Avenue Utility Replacements 7/1/2023 302,500 Grove Street and Vine Street Trunk Main Replacement 7/1/2025 3,575,000 Total $ 4,406,090

DRAINAGE DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 1,242,623
Healdsburg Avenue Utility Replacements 7/1/2023 660,000 Storm Drain Facility Expansion 7/1/2027 600,000
Total $ 1,260,000

ELECTRIC DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 107,493
Badger Substation Bank Replacement 7/1/2026 1,960,000
Total $ 1,960,000

PARK DEVELOPMENT IMPACT
Estimated Balance at 06/30/2022 $ 998,404
Badger Park Redevelopment 7/1/2019 437,042
Fitch Mountain Park and Open Space Preserve 7/1/2021 561,569 Total $ 998,611
Annual Report on Developers' Funds Per GC 66000
Planned Usage of Developer Impact Fees As Per Ordinances Establishing The Impact Fees

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Attachment: Exhibit A (3840 : AB 1600 Report for FY 2021-2022)

FIRE FACILITIES STREETS WATER SEWER DRAINAGE ELECTRIC PARK

DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT

IMPACT IMPACT IMPACT IMPACT IMPACT IMPACT IMPACT
Beginning Fund Balance 2017-18 $ 185,607 $ 752,889 $ 2,287,960 $ 4,154,229 $ 2,674,424 $ 1,784,416 $ 432,338 Expenditures
FY 2017-18 - 871,982 1,410,500 542,601 119,971 912,370 1,073 FY 2018-19 - - 1,410,500 542,601 119,971 912,370 1,073
FY 2019-20 - 10,217 583 50,000 772,835 232,744 2,008
FY 2020-21 184,783 337,478 2,159,070 1,192,528 175,457 617 FY 2021-22 143,334 - 1,138,761 788,822 - 544,543 105,524 Total Expenditures 143,334 1,066,982 4,297,821 4,083,093 2,205,304 2,777,485 110,295 Unexpended Fund Balance $ 42,273 $ (314,093) $ (2,009,861) $ 71,136 $ 469,120 $ (993,069) $ 322,043 Findings No Findings No Findings Findings Findings No Findings Findings Annual Report on Developers' Funds Per GC 66000
Five Year Expenditure Test

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Attachment: Exhibit A (3840 : AB 1600 Report for FY 2021-2022)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: 2022 City Hall Planning Counter Modifications
PREPARED BY: Tyler Kettmann, Central Services Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution conditionally awarding the contract for the construction of the 2022 City Hall Planning Counter Modifications to BEAM Construction in an amount not to exceed $57,800; authorizing the City Manager to execute the construction contract and related change orders; approving a 10% contract contingency in the amount of $5,780 and increasing appropriations in the fiscal year 2022-23 budget.

COMMUNITY ENGAGEMENT/OUTREACH:

A notice inviting bids for the Project was advertised on the City’s website, it was sent to all Contractors on the City’s Qualified Bidders List and to the Local Builder’s Exchanges. This was completed in accordance with all applicable procedures and the City’s Municipal Code.

BACKGROUND:

One of the Strategic Plan Initiatives adopted by the City Council is to “Maintain and Improve Infrastructure and Facilities.” The initiative states that “Healdsburg will initiate action necessary to catch up on the deferred maintenance of City facilities and infrastructure including streets, sidewalks, parks, utility infrastructure and buildings. The City will also develop a program for long-term maintenance that includes a system for establishing priorities among projects and maintenance services and needs.” The 2022 City Hall Planning Counter Modifications Project (the “Project”) addresses necessary building improvements and is consistent with the City’s aforementioned Strategic Initiative.

During the fiscal year 2022-24 budget process staff presented Council with the schedule of building maintenance projects to be completed during the budget cycle. The 2022 City Hall Planning Counter Modifications Project was included in this schedule of projects.

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In June 2022, Council appropriated $51,000 in funding in the Building Maintenance Fund for City Hall building improvements in the fiscal year 2022-23 budget.

Optimal utilization of the Community Development Center front counter and lobby continue to be an issue, with underutilized space in the lobby and sufficient counterspace not available for plan review as needed with contractors and applicants.

The Project addresses these concerns by creating an additional meeting window, reconfiguring the front counter desks, and adding needed data and electrical connections.

DISCUSSION/ANALYSIS:

The Project consists of various accessibility improvements and a workspace reconfiguration to the City of Healdsburg Community Development Center front counter and lobby.

The notice inviting bids for the Project was released on November 10, 2022, with the public bid opening occurring on November 30, 2022. The City received four bids ranging from $57,800 for the apparent low bid, and $129,000 for the apparent high bid.

The lowest apparent bid, with a base bid of $57,800 was received from BEAM Construction. The bid summary is attached.

The bid from BEAM Construction satisfies the bidding requirements for the Project as described in the bid instructions. There are no irregularities with the bid. Staff has verified that BEAM Construction possesses the required license(s) and is otherwise qualified to perform the work.

Based on this information, staff has determined that BEAM Construction’s bid is responsive.

Staff is recommending that Council accept the base bid, for a total of $57,800 awarded to Beam Construction, conditioned upon the contractor providing all documents in satisfaction of the bid award requirements.

Staff is also recommending that Council approve a 10% contract contingency and authorize the City Manager to execute the construction contract and related change orders not to exceed $5,780.

The bidder agrees to deliver and to complete the Project within (working time) 90 (ninety) working days from the date of issuance.

ENVIRONMENTAL STEWARDSHIP:

The Project Technical Specifications includes general requirements and procedures for compliance with California Code of Regulations, Title 24, Part 11 California Green Building Standards Code, "CAL-Green". This includes but is not limited to; related requirements for Construction Waste Management and Disposal; VOC Restrictions; Construction Site Best Management Practices; a Storm Water Pollution Prevention Plan; and Pollutant Control.

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ALTERNATIVES:

The Council could choose not to adopt the recommended resolution. If such alternative is chosen, additional direction to staff is requested.

FISCAL IMPACT:

Additional appropriations are required in the fiscal year 2022-23 budget to complete the Project.

Currently there is $49,761 of budget available in the Building Maintenance Fund for the Project.

Approval of this resolution would require an additional $13,819 in appropriations in the Building Maintenance Fund. Staff propose funding the project shortfall of $13,819 with a transfer from Measure V.

ENVIRONMENTAL ANALYSIS:

If the Council chooses to award the contract, the 2022 City Hall Planning Counter Modifications Project, consists of improvements and repairs. The scope of work for this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Title 14, the California Code of Regulations, Section 15301 (e), projects which have been determined not to have a significant effect on the environment.

ATTACHMENT(S):

Resolution
Exhibit A
Bid Summary

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CITY OF HEALDSBURG
RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG CONDITIONALLY AWARDING THE
CONTRACT FOR THE CONSTRUCTION OF THE 2022 CITY

HALL PLANNING COUNTER MODIFICATIONS PROJECT TO

BEAM CONSTRUCTION IN AN AMOUNT NOT TO EXCEED
$57,800, AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONSTRUCTION CONTRACT AND RELATED CHANGE
ORDERS, APPROVING A 10% CONTRACT CONTINGENCY IN
THE AMOUNT OF $5,780, AND INCREASING
APPROPRIATIONS IN THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, a notice inviting bids for the Project was advertised on the City Website, and it was sent to all Contractors on our Qualified Bidders List and to the Local Builders Exchanges in accordance with all applicable procedures and the City received four bids; and WHEREAS, the Project consists of various accessibility improvements and a workspace reconfiguration to the City of Healdsburg Community Development Center front counter and lobby; and
WHEREAS, optimal utilization of the Community Development Center front counter and lobby continue to be an issue, with underutilized space in the lobby and sufficient counterspace not available for plan review as needed with contractors and applicants; and WHEREAS, the Project addresses these concerns by creating an additional meeting window, reconfiguring the front counter desks, and adding needed data and electrical connections; and WHEREAS, the notice inviting bids for the Project was released on November 10, 2022, with the public bid opening occurring on November 30, 2022; and WHEREAS, the City received four bids ranging from $57,800 for the apparent low bid, and $129,000 for the apparent high bid; and
WHEREAS, the lowest apparent bid, with a base bid of $57,800 was received from BEAM Construction; and
WHEREAS, the bid from BEAM Construction satisfies the bidding requirements for the Project as described in the bid instructions with no irregularities with the bid; and WHEREAS, staff has verified that BEAM Construction possesses the required license(s) and is otherwise qualified to perform the Project and based on this information, staff has determined that BEAM Construction’s bid is responsive; and
WHEREAS, staff is recommending that Council accept the base bid, for a total of $57,800 awarded to BEAM Construction, conditioned upon the contractor providing all documents in satisfaction of the bid award requirements; and

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Attachment: Resolution (3853 : 2022 City Hall Planning Counter Modifications) Resolution No. _____-2022

WHEREAS, staff is recommending that Council approve a 10% contract contingency and authorize the City Manager to execute the construction contract and related change orders not to exceed $5,780; and
WHEREAS, approval of this resolution requires an additional $13,819 in appropriations in the Building Maintenance Fund; and
WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(e).

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

1. Finds that the adoption of a resolution awarding the contract to BEAM construction, and the work performed pursuant to the contract, constitutes replacement or reconstruction of existing structures and facilities, and is thus exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15302(e).

2. Conditionally awards the contract to BEAM Construction for the construction of the 2022 City Hall Planning Counter Modifications Project in an amount not to exceed $57,800.

3. Approves a 10% contract contingency in the amount of $5,780.

4. Authorizes the City Manager to execute the construction contract and related change orders not to exceed $5,780.

5. Increases appropriations in the fiscal year 2022-23 budget according to Exhibit A, to cover construction costs.

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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Attachment: Resolution (3853 : 2022 City Hall Planning Counter Modifications) Resolution No.

Exhibit B
Account Number Increase Amount Decrease Amount Description 604-8084-43225-00000 $ 13,819 Building Maintenance City Hall Planning Counter Modifications 604-1000-39001-00000 $ 13,819 Building Maintenance Fund Transfer In 105-8080-42301-00000 $ 13,819 Measure V Fund Transfer Out FY 22-23 Budget Amendment

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Attachment: Exhibit A (3853 : 2022 City Hall Planning Counter Modifications) 2022 City Hall Planning Counter
Modifications November
30, 2022 at 2PM

BASE BID
Total
Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Shasta Wood
Products /
Cottonwood, CA
Cabinet Makers
/ $25,603.00
Kevin Reilly
Electric, San
Rafael, CA
Electrical /
$10,000
Shasta
Woodworks
Cottonwood, CA
Cabinets /
$36,103
JMX Electric /
San Jose, CA
Electrical and
Data /
$15,070.00
KBI / Petaluma,
CA
Paint /
$975.00
Golden State /
Santa Rosa, CA
Electrical /
$18,275
North Point Construction
and Restoration
$101,777.50
Beam Construction
$57,800.00
M3 Integrated Services,
Inc.
$71,300.00
FRC, Inc.
$129,000.00

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Attachment: Bid Summary (3853 : 2022 City Hall Planning Counter Modifications)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Senior Center Improvements 2022
PREPARED BY: Tyler Kettmann, Central Services Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution conditionally awarding the contract for the construction of the Senior Center Improvements 2022 to FRC, Inc. in an amount not to exceed $171,000; authorizing the City Manager to execute the construction contract and related change orders; approving a 10% contract contingency in the amount of $17,100; and increasing appropriations in the fiscal year 2022-23 budget.

COMMUNITY ENGAGEMENT/OUTREACH:

A notice inviting bids for the Project was advertised in the Press Democrat, on the City’s website, and it was sent to all Contractors on the City’s Qualified Bidders List and to the Local Builder’s Exchanges. This was completed in accordance with all applicable procedures and the City’s Municipal Code.

BACKGROUND:

One of the Strategic Plan Initiatives adopted by the City Council is to “Maintain and Improve Infrastructure and Facilities.” The initiative states that “Healdsburg will initiate action necessary to catch up on the deferred maintenance of City facilities and infrastructure including streets, sidewalks, parks, utility infrastructure and buildings. The City will also develop a program for long-term maintenance that includes a system for establishing priorities among projects and maintenance services and needs.” The Senior Center Improvements project addresses necessary building improvements and is consistent with the City’s aforementioned Strategic Initiative.

During the fiscal year 2018-20 budget process staff presented Council with the schedule of immediate concerns found at six City facilities. The building deficiencies centered around security matters, flooring, bathroom upgrades, and exterior improvements. A Multi-Facility construction project was completed in 2020 to address many of these concerns. One of the add

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alternates left off of the Multi-Facility project due to budget constraints included the scope of the Senior Center Improvements 2022 project.

Accessibility to the Senior Center continues to be an issue, with both the front and rear entry points having considerable challenges to the primary users of the facility. Both doors are at their end of useful life, and during the rainy season significant standing water creates a slip hazard at both entries. The front entry has an aging tile walking surface that is also a safety concern. The Senior Center Improvements project addresses these concerns by improving drainage, replacing the walking surface in front of both doors, and adding automatic sliding doors at both entry points of the facility.

In June 2022, Council appropriated $100,000 in funding in the Building Maintenance Fund for the Senior Center Improvements 2022 Project (the “Project”) in the fiscal year 2022-23 budget.

The Project was bid in November 2022 and one bid was received.

DISCUSSION/ANALYSIS:

The Project consists of various accessibility improvements to the City of Healdsburg Senior Center. The work in general consists of a base bid and two add alternates which are listed below.

The base bid includes:
• Installation of automatic sliding doors at the front and rear entrances; • Removal of tile and installation of broom finish concrete at front entrance; • Removal of surface drain inlet, installation of trench drain with connection to existing storm drain, and replacement of concrete slab as required at back entrance; and • All other associated work as noted in the bid documents and the project drawings Add Alternate No. 1 is for the installation of a roll-up counter door between the kitchen and community room.

Add Alternate No. 2 is for the replacement of ceiling tiles in the Senior Center.

The notice inviting bids for the Project was released on October 22, 2022, with the public bid opening on November 15, 2022. The City received one bid.

The lowest apparent bid, with a base bid of $171,000 was received from FRC, Inc. Add alternate No. 1 was bid for $25,000. Add alternate No. 2 was bid for an additional $11,000. The bid summary is attached.

In the current bidding environment, it is not expected that rebidding the Project will result in substantially lower costs for the City and would only serve to further delay the work unnecessarily. Due to continued increases in construction costs since the inception of the Project and the long history of deferring the work, Staff is not recommending rebidding the contract.

The bid from FRC, Inc. satisfies the bidding requirements for the Project as described in the bid instructions. There are no irregularities with the bid. Staff has verified that FRC, Inc. possesses the required license(s) and is otherwise qualified to perform the work.

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Based on this information, staff has determined that FRC, Inc.’s bid is responsive.

Staff is recommending that Council accept the base bid only, for a total of $171,000 awarded to FRC, Inc., conditioned upon FRC, Inc. providing all documents in satisfaction of the bid award requirements. If FRC, Inc. fails to meet the bid award requirements the project will be rebid.

Staff is also recommending that Council approve a 10% contract contingency and authorize the City Manager to execute the contract and related change orders not to exceed $17,100.

Funding is unavailable for Add Alternates No. 1 and 2. The upgrades will be considered in the 2024-26 biennial budget.

The bidder agrees to deliver and to complete the Project within (working time) 180 (one hundred and eighty) working days from the date of issuance.

ENVIRONMENTAL STEWARDSHIP:

The Project Technical Specifications includes general requirements and procedures for compliance with California Code of Regulations, Title 24, Part 11 California Green Building Standards Code, "CAL-Green". This includes but is not limited to; related requirements for Construction Waste Management and Disposal; VOC Restrictions; Construction Site Best Management Practices; a Storm Water Pollution Prevention Plan; and Pollutant Control.

ALTERNATIVES:

The Council could choose not to adopt the recommended resolution. If such alternative is chosen, additional direction to staff is requested.

FISCAL IMPACT:

Additional appropriations are required in the fiscal year 2022-23 budget to complete the Project.

Currently there is $100,000 budgeted in the Building Maintenance Fund for the Project.

Approval of this resolution would require an additional $88,100 in appropriations in the Building Maintenance Fund. Staff is proposing to transfer $88,100 from the Community Services Capital Fund that is set aside for differed building maintenance to the Building Maintenance Fund to fund the project.

ENVIRONMENTAL ANALYSIS:

If the Council chooses to award the contract, the Senior Center Improvements Project 2022, consists of improvements and repairs. The scope of work for this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Title 14, the California Code of Regulations, Section 15301 (e), projects which have been determined not to have a significant effect on the environment.

ATTACHMENT(S):

Resolution
Bid Summary
Exhibit A

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CITY OF HEALDSBURG
RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG CONDITIONALLY AWARDING THE

CONTRACT FOR THE CONSTRUCTION OF THE SENIOR
CENTER IMPROVEMENTS 2022 PROJECT TO FRC, INC. IN
AN AMOUNT NOT TO EXCEED $171,000 AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT AND RELATED CHANGE ORDERS,
APPROVING A 10% CONTRACT CONTINGENCY IN THE
AMOUNT OF $17,100, AND INCREASING APPROPRIATIONS
IN THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, a notice inviting bids for the Project was advertised in the Press Democrat, the Healdsburg Tribune, on the City Website, and it was sent to all Contractors on our Qualified Bidders List and to the Local Builders Exchanges in accordance with all applicable procedures and the City received one bid; and
WHEREAS, the Project consists of various accessibility improvements to the City of Healdsburg Senior Center; and
WHEREAS, the base bid includes installation of automatic sliding doors at the front and rear entrances; removal of tile and installation of broom finish concrete at front entrance; removal of surface drain inlet, installation of trench drain with connection to existing storm drain, and replacement of concrete slab as required at back entrance; and all other associated work as noted in the bid documents and the project drawings; and
WHEREAS, the lowest apparent bid, with a base bid of $171,000 was received from FRC, Inc.; and
WHEREAS, the bid from FRC, Inc. satisfies the bidding requirements for the Project as described in the bid instructions with no irregularities with the bid; and WHEREAS, staff has verified that FRC Inc. possesses the required license(s) and is otherwise qualified to perform the Project and based on this information, staff has determined that FRC, Inc.’s bid is responsive; and
WHEREAS, staff is recommending that Council accept the base bid only, for a total of $171,000 awarded to FRC, Inc., conditioned upon FRC, Inc. providing all documents in satisfaction of the bid award requirements; and
WHEREAS, staff is recommending that Council approve a 10% contract contingency and authorize the City Manager to execute the construction contract and related change orders not to exceed $17,100; and

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Attachment: Resolution (3852 : Senior Center Improvements 2022) Resolution No. _____-2022

WHEREAS, approval of this resolution requires an additional $88,100 in appropriations in the Building Maintenance Fund; and
WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(e).

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

1. Finds that the award of a contract to FRC, Inc., and other actions authorized herein is exempt from the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(e), because the construction is the replacement or reconstruction of existing facilities.

2. Awards the contract to FRC, Inc. for the construction of the Senior Center Improvements 2022 Project in an amount not to exceed $171,000.

3. Approves a 10% contract contingency in the amount of $17,100.

4. Authorizes the City Manager to execute the construction contract and related change orders not to exceed $17,100.

5. Increases appropriations in the fiscal year 2022-23 budget according to Exhibit A, to cover construction costs.

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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Attachment: Resolution (3852 : Senior Center Improvements 2022) Construction of the Senior Center Improvements 2022
November 15, 2022 at 2PM
Construction at 133 Matheson Street
Installation of roll-up counter door
Replacement of ceiling tiles
Sub & Location Trade/Amount
Coastal Mnt.,
Lower Lake Electrical, $14,994
B&G Glass,
Santa Rosa
Sliding Door,
$38,730
Barton, Modesto
Overhead
Doors$9,880
$11,000.00

BASE BID
ADD ALTERNATE #1
ADD ALTERNATE #2
FRC, Inc.
9680 Old Redwood Hwy
Windsor, CA 95495
$171,000.00
$25,000.00

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Attachment: Bid Summary (3852 : Senior Center Improvements 2022) Resolution No.

Exhibit B
Account Number Increase Amount Decrease Amount Description 604-8088-43225-00000 $ 88,100 Building Maintenance Fund Senior Center Improvements 604-1000-39001-00000 $ 88,100 Building Maintenance Fund Transfer In 582-8080-42301-00000 $ 88,100 Community Services Fund Transfer Out FY 22-23 Budget Amendment

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Attachment: Exhibit A (3852 : Senior Center Improvements 2022)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Alliance Medical Center Lease Agreement for the Healdsburg Community Center
PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution authorizing the City Manager to execute a lease agreement with Alliance Medical Center for space at the Healdsburg Community Center.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

In 2018 the City entered into a lease agreement with Alliance Medical Center for Rooms #15 and #16 at the Community Center for additional medical facility space for Alliance. The parties amended and extended the lease three times, as allowed in the original lease. City Council is being asked to approve a new, one-year lease with Alliance Medical Center.

DISCUSSION/ANALYSIS:

Alliance Medical Center established an off-site medical facility at the Community Center in 2018 due to space constraints at their primary site located on University Avenue. As part of their work - and as allowed under the terms of the lease - Alliance made significant tenant improvements to better serve their clientele.

The Kincade Wildfire and the COVID-19 pandemic interrupted their plans to fully activate the space so the rooms sat vacant for over a year. However, Alliance allowed Corazon Healdsburg to use their space during a time when Corazón was experiencing significant growth. As part of the 3 rd Amendment to the lease, the City added a term to the lease to ensure Alliance would followthrough with activating the space:

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4) The following section shall be added to the Original Agreement:
• Section 5.7: Tenant agrees that the provision by Tenant of healthcare and wellness services as described in Exhibit E, attached hereto and incorporated herein, is a material consideration for this Lease. Tenant agrees to operate for the purpose of performing the Services during the term of this Lease on a fulltime schedule from Monday through Friday.
5) EXHIBIT E – Services– The following services shall be added to the list of included services:

Chiropractic, acupuncture, and wellness services.

Since that time Alliance has offered medical services that meet these requirements.

Staff is proposing a one-year lease with Alliance Medical Center. During this time staff intends to also engage Alliance Medical Center regarding their long-term plans to determine how the use of leased space can best benefit our community.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

City Council may choose to not enter into a new lease with Alliance Medical Center and provide direction to staff.

FISCAL IMPACT:

The one-year lease proposes to apply a CPI increase to the current lease rates for the term of the lease, during which time staff would conduct a market study to determine similar facility lease rates. Lease amounts would be:

Room Lease: $1,256 per room, per month $2,512/month
Common Area Fee $32/month
Utility Fee $131/month
Total revenue: $2,675/month; $32,100 for the term of the lease ENVIRONMENTAL ANALYSIS:

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

ATTACHMENT(S):

Resolution
Lease

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CITY OF HEALDSBURG
RESOLUTION NO. ______-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A LEASE AGREEMENT WITH

ALLIANCE MEDICAL CENTER FOR THE HEALDSBURG

COMMUNITY CENTER AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, in 2018 the City of Healdsburg entered into a lease agreement with Alliance Medical Center for Rooms #15 and #16; and
WHEREAS, Alliance Medical Center established on off-site medical facility in the leased space; and
WHEREAS, Alliance Medical Center desires to continue to use the leased space; and WHEREAS, the City is agreeable to a new one-year lease for use of space, during which time the City will evaluate long-term use of the community center and ongoing lease rates for similar facilities; and
WHEREAS, Pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, approval of this resolution is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

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

1. Find that pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, approval of this resolution is an administrative activity of the City that will not result in direct or indirect physical changes to the environment, so no further CEQA review is required.

2. Approve a lease agreement between the City of Healdsburg and Alliance Medical Center for use of Rooms #15 and #16 at the Community Center.

3. Authorize the City Manager to execute the agreements on the City’s behalf, and take any other actions necessary to effectuate the agreements.

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

AYES: Councilmembers: ( )

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Attachment: Resolution (3855 : Alliance Medical Center HCC Lease) Resolution No. _____-2022

NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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Attachment: Resolution (3855 : Alliance Medical Center HCC Lease) 1 | P a g e

OFFICE LEASE
This Office Lease (this "Lease") is made and entered into as of this ___ day of December, 2022, by and between the City of Healdsburg, a municipal corporation ("Landlord") and Alliance Medical Center, a non-profit corporation ("Tenant"). Landlord and Tenant are hereafter collectively referred to as the "Parties."

RECITALS
A. The Landlord is a lessee of real property located at 1557 Healdsburg Avenue, Healdsburg, CA, (the "Property"), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

B. On the Property is a community center commonly known as Healdsburg Community Center ("Community Center") which includes rentable office space (the "Premises"), as depicted in Exhibit A attached hereto and incorporated herein by this reference.

C. The Tenant desires to lease the Premises from the Landlord, and the Landlord desires to lease the Premises to the Tenant.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Agency and the Tenant hereby agree as follows:

ARTICLE I BASIC LEASE PROVISIONS

1.1 Landlord's contact information: Community Services Director 1557 Healdsburg Ave
Healdsburg, CA 95448
707-431-3301

1.2 Tenant's contact information: Alliance Medical Center CEO 1381 University Ave. Healdsburg, CA 95448
707-431-8234

1.3 Rented Area: Healdsburg Community Center Rooms #15 and #16, as more particularly described as the area shown in Exhibit A attached.

1.4 Commencement Date: Execution date of this agreement.

1.5 Term: Twelve (12) months from Commencement Date.

1.6 Expiration Date: The last day of the month in which the Term ends.

1.7 Reserved.

1.8 Base Rent: $1,256 per month, per room.

1.9 Tenant's share of common area expenses: $32/month

1.10 Utility services fee: initially, $131/month (see §7.1.1. for adjustments to this Fee.)

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1.11 Security Deposit: One month's rent (Payment of $2,675 required upon execution).

Cleaning/Repair Deposit; $500.00 (Paid $500, Receipt #3652, 07/01/10).

1.12 Permitted Areas of Use by Tenant: The walkways, planter areas, restrooms, Courtyard, Amphitheater, black top area, playground, and fields are open to the public unless a permit has been issued by the City for a special event.

The Courtyard, Amphitheater, black top area and fields may be reserved for special events. If a permit has been issued for these areas, then they are not open to the public during the permit use times. The permitted areas (not open to the public) are: Rooms: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, the Community Meeting Room, Multi-purpose Room, Kitchen, garden area and the Administrative Offices.

1.13 Parking: This Lease does not include reserved parking. Parking is on a "first come, first served" basis. If parking spaces are all taken in the parking lot north of the Community Center, then the parking lot to the south of the community center, adjacent to the athletic fields, may be used. Fire Lanes and signed or painted no parking areas are to be kept clear at all times.

ARTICLE II DEFINITIONS
Definitions. As used in this Lease, the following terms shall have the definitions set forth below. Additional terms are defined in the remainder of this Lease.

2.1 Additional Rent means any and all sums other than Base Rent which Tenant is or becomes obligated to pay to Landlord under this Lease (whether or not specifically called "Additional Rent" in this Lease), including but not limited to the Tenant’s share of common area expenses and utility services fee.

2.2 Alterations means any decorations, modifications, additions or improvements made in, on, about, under or contiguous to the Premises by or for the benefit of Tenant including but not limited to, telecommunications and/or data cabling, lighting, HVAC and electrical fixtures, pipes and conduits, partitions, cabinetwork and carpeting.

2.3 Applicable Laws is defined in Section 5.4.

2.4 Base Rent means the monthly amount payable per Section 1.8.

2.5 Building (also referred to as "Community Center") means the buildings, accessory structures and other improvements located at 1557 Healdsburg Avenue, Healdsburg, CA 95448.

2.6 Commencement Date is the date set forth in Section 1.4, and means the date upon which (i) Tenant shall be permitted to occupy the Premises for the conduct of Tenant's operations, and (ii) the date upon which Tenant's obligation to pay Rent shall commence.

2.7 Common Area means all areas and facilities located on the Property or in the Buildings that are designated as "Common Area" on Exhibit A, attached.

2.8 Environmental Laws is defined in Section 6.5.

2.9 Fiscal Year- July 1 through June 30 of a given twelve-month period

2.10 Hazardous Material is defined in Section 6.5.

2.11 Reserved.

2.12 Reserved.

2.13 Premises means the rented premises shown on Exhibit A.

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2.14 Property means real property located at 1557 Healdsburg Ave. Healdsburg, CA.

2.15 "Rules and Regulations" means the Rules and Regulations set forth in Exhibit B attached hereto as such may be modified or amended from time to time by Landlord.

2.16 Community Center (also referred to as "Building") means the buildings, accessory structures, and other improvements located at 1557 Healdsburg Avenue, Healdsburg, CA 95448.

2.17 Lease Year(s) means successive periods of twelve (12) full calendar months, beginning on the Commencement Date. If the Commencement Date is not the first day of a month, then the first Lease Year also includes the partial month in which the Commencement Date occurs.

2.18 Term means the term of this Lease as set forth in Section 1.5 as such may be modified pursuant to the terms hereof.

2.19 Total Rent means the sum of Base Rent plus any Additional Rent.

ARTICLE III PREMISES AND TERM

3.1 Leased Premises. Subject to and upon the terms and conditions set forth herein, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. The Premises consist of a portion of the Community Center, as depicted in the diagram attached hereto as Exhibit A. Tenant acknowledges that Landlord has ·made no representation or warranty regarding the condition of the Premises, the Building or the Property except as specifically stated in this Lease. The Parties agree that based upon their own inspection and estimates, the estimated square footage of the Premises is 1,800 square feet/room. Tenant and Landlord hereby stipulate and agree that the square footage of the Premises is as stated herein, notwithstanding·any minor variations in measurement or other minor variations that may have occurred in the calculation thereof.

3.1.1 Appurtenant Rights. Tenant is granted the right during the Term to the nonexclusive use of the Common Area as shown on Exhibit A, attached. Landlord has sole discretion to determine the manner in which the public and common areas are maintained and operated; the use of such areasshall be subject to Rules and Regulations, attached as Exhibit B.

3.2 Term and Commencement. The Term of this Lease shall commence on the Commencement Date, and unless sooner terminated as provided herein, the Term shall be for the period set forth in Section 1.5 as the same may be extended in accordance with any option or options to extend the Term granted herein.

3.3 No Representations. Tenant acknowledges that neither Landlord nor any of Landlord's agents has made any representation or warranty as to. the suitability or fitness of the Premises for the conduct of Tenant's business, and that neither Landlord nor any agent of Landlord has agreed to undertake any alterations or additions or to construct any tenant improvementsto the Premises except as expressly provided in this Lease.

ARTICLE IV RENT, OPERATING EXPENSES, AND DEPOSITS

4.1 Monthly Rent. From and after the Commencement Date, Tenant shall pay to Landlord for each calendar month of the Term, the monthly Base Rent set forth in Section 1.8. Each monthly installment of Base Rent shall be due and payable to Landlord in advance, on the first (1st) day of each calendar month during the Term, without abatement, deduction, claim or offset except as otherwise expressly provided herein, and without prior notice, invoice or demand, at Landlord's address or such other place as Landlord may designate from time to time.

4.2 Prorations. Monthly installments for any fractional calendar month at the beginning or end of the Term shall be prorated based on the number of days in such month.

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4.3 Additional Rent. All Additional Rent, including without limitation, Tenant's share of common area expenses in the amount of $32 per month and any utility services fee, as described in Section 1.1, shall be due and payable to Landlord without abatement, deduction, claim or offset at the same time and place that payment of Base Rent is due.

4.4 Late Charge. Tenant acknowledges that the late payment of Base Rent or Additional Rent will cause Landlord to incur administrative costs and other damages, the exact amount of which would be impracticable or extremely difficult to ascertain. Landlord and Tenant agree that if Landlord does not receive any such payment within ten (10) calendar days after such payment is due, Tenant shall pay to Landlord as Additional Rent an amount equal to ten percent (10%) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant.

Acceptance of any late payment and/or late charge therefore shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease.

4.5 Reserved.

ARTICLE V USE OF PREMISES

5.1 Permitted Use. The Premises shall be used solely for the purpose of providing those services. and using the supplies and equipment as shown on Exhibit "E", attached. (separately and collectively referred to hereinafter as "Services") and for no other purpose without the written consent of Landlord, which may be granted or withheld in Landlord's sole discretion. Tenant warrants and represents that all persons providing Services shall, at all times during the Term, and any other period of occupancy and use of the Premises by Tenant, be properly licensed and trained to provide such Services. Tenant shall not do or suffer or permit anything to be done in or about the Premises or the Property, nor bring or keep anything therein that would in any way subject Landlord to any liability, increase the premium rate of or affect any fire, casualty, rent or other insurance relating to the Property or any of the contents of the Building, or cause a cancellation of, or give rise to any defense by the insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of Tenant results in an increase in insurance premiums for Landlord, Tenant shall pay to Landlord upon demand the amount of such increase.

5.2 Signage. Tenant shall obtain the prior approval of the Landlord, which approval may be withheld in Landlord’s reasonable discretion, before placing any sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the Building or upon any other part of the Building or Property, including building directories. Any signs or symbols which have been placed without Landlord's approval may be removed by Landlord. Upon expiration or termination of this Lease, all signs installed by Tenant shall be removed and any damage resulting therefrom shall be promptly repaired by Tenant, or such removal and repair may be done by Landlord and the cost charged to Tenant as Rent.

5.3 Rules and Regulations. Tenant shall comply with the Rules and Regulations attached hereto as Exhibit C and any amendments or additions thereto promulgated by Landlord from time to time for the safety, care and cleanliness of the Premises, Building and Property. Tenant shall not use or permit any person to use the Property, the Building, or the Premises for any purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that constitutes waste or nuisance, or that would unreasonably annoy or interfere with other occupants of the Building or the Property. Landlord shall not be responsible to Tenant for the nonperformance or noncompliance by any other tenant or occupant of the Building ·of or with any of the Rules and Regulations. In the event of any conflict b tween the provisions of this Lease and the provisions of the Rules and Regulations, the provisions of this Lease shall control.

5.4 Compliance with Laws. Tenant shall procure and maintain all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises. Tenant shall throughout the Term comply with, and shall not use the Premises, the Building or the Property, or suffer or permit anything to be done in or about the same which would in any way conflict with any E n v i r o n m e n t a l L a w s , a s d e f i n e d i n S e c t i o n 6 . 5 , o r the following (collectively "Applicable Laws"): (i) the provisions of all

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recorded covenants, conditions and restrictions applicable to the Building or the Property, (ii) any federal, state, county, local or other governmental agency rules, regulations, statutes, ordinances, orders, standards, requirements or laws now in force or hereafter enacted, promulgated or issued which are applicable to the Property, Premises, the Building, or the use or occupancy thereof, including without limitation building, zoning, public safety and fire codes and regulations.

5.5 Repairs and Replacements. Tenant shall repair and maintain the Premises, including tenant improvements,fixtures and furnishings in an order and condition in compliance with Applicable Laws, and Tenant shall, at Tenant's sole expense, promptly make all repairs, replacements, alterations, or improvements necessary to comply with all ApplicableLaws to the extent that such Applicable Laws are triggered by or relate to (i) Tenant's particular use of the Premises, and/or (ii) any improvements or alterations made by or on behalf of Tenant to the Premises or the Building. If Tenant fails to maintain or keep the Premises in good repair, at Landlord's option, Landlord may, after providing Tenant no less than thirty (30) days' prior written notice, perform any such required maintenance and repairs and within ten days after receipt of Landlord's invoice therefore, Tenant shall pay Landlord's costs incurred in connection with such repairs, plus a percentage of such costs sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses in connection therewith.

Except to the extent Tenant is expressly obligated to do so pursuant to this Lease, Landlord shall, at Landlord's sole expense, promptly make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws as in effect as of the Effective Date, to the extent that (i) such Applicable Laws relate to the exterior or structural portion of the Building, and (ii) the requirement to undertake such repairs, replacements, alterations, or improvements is·not triggered as a result of Tenant's particular use of the Premises.

5.6 Parking. Landlord hereby grants to Tenant a nonexclusive license and right, in common with Landlord and all persons conducting business in the Building and their respective customers, guests, licensees, invitees, employees and agents, to use the parking area located on the Property for vehicular parking, on a "first-come, first-served" basis. The nonexclusive license and right granted pursuantto this Section shall be subject to the Rules and Regulations.

5.7 Facility Use. Tenant agrees that the provision by Tenant of healthcare and wellness services as described in Exhibit E, attached hereto and incorporated herein, is a material term of this Lease. Tenant agrees to operate for the purpose of performing the Services during the term of this Lease on a fulltime schedule from Monday through Friday.

ARTICLE VI ENVIRONMENTAL MATTERS

6.1 Use of Hazardous Materials. Tenant shall not cause or permit any Hazardous Material, as defined in Section 6.5, below, to be generated, brought onto, used, stored, or disposed of in or about the Premises,the Building or the Property by Tenant or Tenant's agents, employees, contractors, subtenants or invitees (collectively "Tenant Parties"), except for limited quantities of standard office and janitorial supplies. At Tenant's sole cost and expense, Tenant shall use, store and dispose of all such Hazardous Material in strict compliance with all Environmental Laws, as defined in Section 6.5, below, and shall in all other respects comply with all Environmental Laws.

6.2 Notice of Release or Investigation.If during the Lease Term (including any extensions), Tenant becomes aware of (a) any actual or threatened release of any Hazardous Material on, under, or about the Premises, the Building or the Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material on, under, or about the Premises, the Building, or the Property, Tenant shall give Landlord written notice of the release or investigation within five (5) days after learning of it and shall simultaneously furnish to Landlord copies of any claims, notices of violation, reports, or other writings received by Tenant that concern the release or investigation.

6.3 Indemnification. Tenant shall defend (with counsel acceptable to Landlord), indemnify and hold harmless Landlord and Landlord's elected and appointed officers, officials, employees, agents and representatives

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(collectively, "Indemnitees") from and against any and all liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys' fees and expenses, court costs, expert witness fees and post judgment collection costs) (collectively, "Claims") resulting or arising from or in connection with any release of any Hazardous Material in or about the Premises, the Building, or the Property (unless such release is caused by Indemnitees) or any other violation of any Environmental Law by Tenant, or Tenant Parties.. This indemnification includes: (i) losses attributable to diminution in value of Premises or the Building, (ii) loss or restriction of use of rentable space in the Building, (iii)" adverse effect on the marketing of any space in the Building; and (iv) all other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions, administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. This indemnity shall not extend to Claims to the extent the same are caused by the gross negligence or willful misconduct of Indemnitees. The provisions of this Section shall survive the expiration or termination of this Lease.

6.4 Remediation Obligations. If the presence of any Hazardous Material brought onto the Premises or the Building by Tenant or Tenant Parties results in contamination of the Building, Tenant shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Tenant's sole expense, to return the Premises and the Building to the condition that existed before the introduction of such Hazardous Material. Tenant shall first obtain Landlord's approval of the proposed removal or remedial action. This provision does not limit the indemnification obligation set forth in Section 6.3.

6.5 Definition of Hazardous Material and Environmental Laws. As used in this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste at any concentration that is or becomes regulated by the United States, the State of California, or any government authority having jurisdiction over the Building. Hazardous Material includes: (a) any "hazardous substance," as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S. Code§§ 9601-9675); (b) "hazardous waste," as defined in the Resource Conservation and Recovery Act of 1976 (42 U.S. Code §§ 6901- 6992k); (c) any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect); (d) petroleum products; (e) radioactive material, including any source, special nuclear, or byproduct material as defined in 42 U.S. Code§§ 2011- 2297g-4; (f) asbestos in any form or condition; and (g) polychlorinated biphenyls ("PCBs") and substances or compounds containing PCBs. As used in this Lease, the term "Environmental Laws" means all federal, state and local laws, ordinances, regulations, rules orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes, and regulations cited in this Section 6.5, as any of the foregoing may be amended from time to time, or any other federal, State, or local laws regulating the environment that are applicable to any action taken by Tenant regarding the Premises or pursuant to this Lease.

ARTICLE VII OBLIGATIONS FOR UTILITIES AND SERVICES

7.1 Building Services. Landlord shall supply Utility Services and Maintenance Services as described below. Utility Services and the Maintenance Services are collectively referred to as "Building Services." Except as otherwise provided herein, the cost of all Building Services shall be considered Additional Rent and paid by Tenant.

7.1.1 Utility Services. Landlord shall furnish the utility services listed in this Section ("Utility Services") except to the extent that Tenant has separately contracted for the provision of such services. During sixty (60) hours per week on a schedule to be selected by Tenant ("Scheduled Utility Hours") Landlord shall supply: (i) electricity for lighting and power suitable for use of the Premises for ordinary general office purposes; (ii) air conditioning and heating as required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes; (iii) water for drinking and lavatory purposes; and (iv) regular sewer service. If Landlord reasonably believes Tenant's electrical usage is excessive, Landlordmay at its option requireTenant to pay as Additional Rent the cost as reasonably determined by Landlord incurred by such extraordinary usage.

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In addition, Landlord may install separate meter(s) for the Premises for water and electrical services; at Landlord's expense, and Tenant thereafter shall pay all charges for the metered service based on actual usage.

If Landlord elects to install a separate meter for water and/or electrical service to the Premises, then following the installation of such meter(s), an average monthly usage will be determined, using three months metered usage.

If the three-month metered usage showsthat Tenant paid more in monthly charges prior to the installation of meters than Tenant would have paid had a meter(s) been installed, then Landlord will give Tenant a "utility credit" for the amount of any excess payment, which credit shall be applied against future utility charges. If the three-month metered usage shows that Tenant has paid less in monthly charges prior to the installation of meters than Tenant would have paid had a meter(s) been installed, then Tenantshall pay any additional amount that is owed based on such underpayment. If such Building Services(including without limitation HVAC service) are requested by Tenant during times other than the Scheduled Utility Hours, Landlord shall use reasonable efforts to furnish such additional Building Services upon reasonable notice from Tenant, and Tenant shall pay Landlord's charges for such Services on demand as Additional Rent. Such charges shall be based on Landlord's actual costs together with such reasonable administration charges as Landlord may impose in connection therewith, with after-hours HVAC services being charged on a per-hour basis at the hourly rate established by Landlord from time to time for the Building (which hourly rate may be based on the cost of utilities, wear and tear on the HVAC systems and Landlord's administration) Tenant shall cooperate with any present or future government conservation requirements and with any reasonable conservation practices established by Landlord.

7.1.2 Maintenance Services. Landlord shall provide all of the following (collectively, "Maintenance Services"): (i) maintenance of all exterior areas of the Building and the Property, including without limitation, lighting and landscaping; (ii) cleaning, painting, maintenance and repair of the Building exterior, (iii) maintenance and repair of the Building mechanical, electrical, HVAC and plumbing equipment and systems and the Building structural components including the roof, foundation, floors and walls, (iv) maintenance of all public and common areas of the Building and the Property including parking lots, walkways, driveways, fences, utility systems, fire sprinklers, corridors, restrooms, windows; (v) supply of public area lamp replacement, (vi) provision of exterior window washing with reasonable frequency, but in no event less than two times per year; and (vii) provision of janitorial services to the common areas ("Janitorial Services"). Tenant shall be responsible for janitorial service to the Premises and interior window cleaning. Tenant has the option of using the City's janitorial service (cost to be added to the monthly rent), or bringing in their own janitorial service.

7.2 Interruption of Services. Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any Building .Service or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort to do so; (d) accident or casualty; (e) act or default of Tenant or other parties; or (f) any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity without creating any liability of Landlord to Tenant under this Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Tenant's use of the Premises.

7.3 Compliance with Applicable Laws. Landlord and Tenant shall each comply with (and shall cause their respective employees, agents and contractors to comply with) all Applicable Laws, including without limitation all Environmental Laws, whenever either party undertakes any work of construction, alteration or improvement in the Premises or the Building.

7.4 Statutory Notice Possessory Interest Tax. Tenant is advised that under California Revenue and Taxation Code Section 107.6, execution of this Agreement may create a possessory interest in Tenant subject to property

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taxation. Tenant hereby agrees that if such possessory interest is created and is subject to property taxation, Tenant shall be solely responsible for the payment of said property taxes levied on any such interest.

ARTICLE VIII ALTERATIONS AND ADDITIONS

8.1 Alterations and Improvements. Tenant may not make any Alterations to the Premises or Building without the prior written approval of Landlord. Any Landlord-approved Alterations shall be done at Tenant's expense, in a good and workmanlike manner, in conformity with plans and specifications reviewed and approved by Landlord, and in compliance with all Applicable Laws. Tenant shall obtain all necessary governmental approvals and permits for such Alterations. Tenant shall give Landlord not less than ten (10) business days' notice prior to the commencement of construction so that Landlord may post a notice of non-responsibility on the Premises. In no event shall any Alteration:
(i) affect the exterior of the Building,
(ii) affect any structural portion of the Building, including without limitation, the roof, (iii) require any change to the basic floor plan of the Premises or any change to the structural or mechanical components of the Premises,
(iv) diminish the value of the Premises,
(v) result in an increase in demand for Building Services, (vi) cause an increase in the premiums for hazard or liability insurance carried by Landlord, or
(vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air conditioning, electrical or other basic systems that serve the Building.

8.2 Liens. Tenant shall not permit any mechanics', materialmen's or other liens, to be filed against the Building or the Property or against Tenant's leasehold interest in the Premises. Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. If Tenant fails to cause the release of record of any lien(s) filed against the Premises or Tenant's leasehold estate therein, by payment or posting of a proper bond within ten (10) days from the date of the lien filing(s), then Landlord may, at Tenant's expense, cause such lien(s) to be released by any means Landlord deems proper, including but not limited to payment of or defense against the claim giving rise to the lien(s). All sums reasonably disbursed, deposited or incurred by Landlord in connection with the release of the lien(s), including but not limited to all costs, expenses and attorney's fees, shall be due and payable by Tenant to Landlord as Additional Rent on demand by Landlord.

ARTICLE IX INSURANCE AND INDEMNITY

9.1 Indemnity. To the fullest extent permitted by law, Tenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and hold Indemnitees harmless from and against any and all Claims arising out of or relating directly or indirectly to this Lease or the Premises (including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind), including any Claim arising from or in connection with or in any way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises, the Building or the Property by Tenant or the Tenant Parties, (ii) any act, error, omission or negligence of Tenant or Tenant Parties or any invitee, guest or licensee of Tenant in, on or about the Property including without limitation Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with,result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, any act or omission of Tenant or Tenant Parties, (iv) any activity, work, or thing done, omitted, permitted, allowed or suffered by Tenant or Tenant Parties in, at, or about the Premises, the Building or the Property, or (v) any breach or default in performance of any obligation on Tenant's part in the performance of any covenant or agreement to be performed under this Lease, except to the extent caused by the sole gross negligence or willful misconduct of the Indemnitees. The provisions of this Section shall not be construed or interpreted as restricting, limiting or modifying Tenant's insurance obligations under this Lease and are independent of such obligations. Tenant's compliance with insurance requirements set forth in this Lease shall not restrict, limit or modify Tenant's indemnification obligations hereunder. The provisions of this Section shall

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survive the expiration or earlier termination of this Lease.

9.2 Tenant's Insurance. Tenant shall, at its sole expense, procure and maintain throughout the Term (plus any later periods where Tenant may be in occupancy of the Premises) all of the insurance coverages, of the type and amounts as described in Exhibit D, attached.

ARTICLE X ASSIGNMENT AND SUBLETTING

10.1 Landlord's Consent Required. Tenant shall not directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, assign, mortgage, pledge, encumber or otherwise transfer this Lease, or permit all or any part of the Premises to be subleased or used or occupied for any purpose by anyone other than Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed.

Any assignment or sublease without Landlord's prior written consent shall, at Landlord's option, be void and shall constitute an Event of Default entitling Landlord to terminate this Lease and to exercise all other remedies available to Landlord under this Lease and at law.

10.2 No Release of Obligations. The consent by Landlord to an assignment or subletting hereunder shall not relieve Tenant or any assignee or subtenant from the requirement of obtaining Landlord's express prior written consent to any other or further assignment or subletting. No subtenant may assign its sublease, or further sublet its subleased premises, without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion. Neither an assignment or subletting nor the collection of rent by Landlord from any person other than Tenant shall be deemed a waiver of any of the provisions of this Article or release Tenant from its obligations to comply with this Lease, and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease.

ARTICLE XI DAMAGE AND DESTRUCTION

11.1 Repair and Restoration: Termination Rights. If all or part of the Premises is damaged by fire or other casualty, or if the Building is so damaged that access to or use and occupancy of the Premises is materially impaired, within forty-five (45) days of the date of the damage, Landlord shall notify Tenant of the estimated time, in Landlord's reasonable judgment, required for repair or restoration ("Repair Period"). If the estimated Repair Period is one hundred eighty (180) days or less, Landlord shall proceed promptly and diligently to repair or restore the Premises or the portion of the Building necessary for Tenant's occupancy, and this Lease shall remain in effect, except that for the time unusable, Tenant shall receive a Rent abatement for that part of the Premises rendered unusable in the conduct of Tenant's business. If the estimated Repair Period is in excess of one hundred eighty (180) days from the date of the casualty, Landlord, at its option, shall either (a) commence to repair the damage, in which case this Lease shall continue in full force and effect, or (b) terminate this Lease as of the date specified by Landlord in a notice of termination, and this Lease shall terminate on the date specified in the notice.

11.2 Damage Near End of Term. Notwithstanding anything to the contrary set forth in this Article, if the Premises or the Building are damaged during the last twelve (12) months of the Term, Landlord and Tenant shall each have the option to terminate this Lease by giving written notice to the other of the exercise of that option within thirty (30) days after the damage or destruction, and this Lease shall terminate as of the date specified in such notice which shall be not before the date of such notice nor more than 30 days after the date of such notice.

11.3 Rent Apportionment. If Landlord or Tenant elects to terminate this Lease under this Article XI, Tenant shall pay Rent, prorated on a per diem basis and paid up to the date of the casualty. If the Premises are wholly untenantable and this Lease is not terminated, Rent shall abate on a per diem basis from the date of the casualty until Premises are ready for occupancy by Tenant or the default is cured. If part of the Premises are untenantable, Rent shall be prorated on a per diem basis and abated in proportion to the portion of the Premises which is unusable until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any

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damage was caused by the gross negligence or willful misconduct of Tenant, its employees or agents, then, in such event, Tenant agreesthat Rent shall not abate or be diminished.

11.4 Waiver of Statutory Provisions. The provisions of this Lease, including those in this Article XI, constitute an express agreement between Landlord and Tenant that applies in the event of any damage to the Premises, Building, or Property. Tenant, therefore, fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4), relating to any rights or obligations concerning any such casualty.

ARTICLE XII SURRENDER OF PREMISES; HOLDING OVER

12.1 Surrender of Premises. On expiration of this Lease, Tenant shall surrender the Premises in the same condition as when the Term commenced, ordinary wear and tear excepted. Except for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so that they cannot be removed without material damage to the Premises) all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Lease shall remain on the Premises without compensation to Tenant; provided that, upon reasonable written request of Landlord, Tenant shall, at its expense and without delay, remove any alterations, additions or improvements (including, without limitation, all telecommunications equipment and cabling, and all alterations and improvements made by Tenant after the Commencement Date) made to the Premises by Tenant and designated by Landlord to be removed, and shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to complete such removal or to repairthe Premises, Landlord may complete such removal and repair, and Tenant shall reimburse Landlord therefore. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of such property in its sole discretion without any liability to Tenant, and further may charge the cost of any such disposition to Tenant.

12.2 Hold Over Tenancy. If Tenant remains in possession of the Premises after the expiration, or earlier termination of this Lease with Landlord's written consent, Tenant shall be deemed, at Landlord's option, to occupy the Premises as a tenant from month-to-month. During such tenancy (and prior to any termination by Landlord), Tenant agrees to pay Landlord, monthly in advance, an amount equal to the greater of (i) the then fair market rental (as reasonably determined by Landlord) for the Premises, or (ii) one hundred thirty percent (130%) of all Base Rent which would become due the last month of the Term, together with all other amounts payable by Tenant to Landlord under this Lease. Except as provided in the preceding sentence,such month-to-month tenancy shall be on the same terms and conditions of this Lease except that any rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to be terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the initial term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's written consent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay Rent during the holdover period in an amount equal to the greater of (i) one hundred fifty percent (150%) of the then fair market rental (as reasonably determined by Landlord) for the Premises, or (ii) two hundred percent (200%) of all Base Rent which would become due the last month of the Term, together with all other amounts payable by Tenant to Landlord.

ARTICLE XIII - LANDLORD'S RESERVED RIGHTS

13.1 Rights Reserved to Landlord. Without notice and without liability to Tenant, and without effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right to (i) make changes in the legal status of the Building or the Property as Landlord shall deem appropriate in its sole discretion, provided such changes do not substantially interfere with Tenant's use of the Premises for the Permitted Use; (ii) enter the Premises at reasonable times and with reasonable advance notice (and at any time in the event of an emergency), to inspect or repair the Premises or the Building and to perform any acts related to the safety, protection, reletting, or improvement of the Premises or the Building; (iii) install and maintain signs on and in the Building and the Property; and (iv) make such rules and regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety of the tenants, the care

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and cleanliness of the Premises, the Building and the Property and the preservation of good order therein.

Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. Tenant shall pay Landlord the cost of re-keying Room #15 and #16 if the keys issued to Tenant have been lost. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof.

ARTICLE XIV DEFAULT AND REMEDIES

14.1 Tenant's Default. It shall be an "Event of Default" hereunder if Tenant shall:
(a) fail to pay when due any monthly installment of Rent, including without limitation, any Additional Rent, or fail to pay any other amount owed by Tenant to Landlord under this Lease as and when due and such failure continues for five (5) days following written notice thereof to Tenant by Landlord; (b) fail to provide any certificate, instrument or assurance as required by this Lease if the failure continues for ten (10) days after written notice of the failure to Tenant; (c) make a general assignment for the benefit of its creditors or file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief or have a proceeding filed against Tenant seeking any relief mentioned in this subsection (c) which is not discharged within sixty (60) days thereafter; (d) have a trustee, receiver or liquidator appointed for Tenant; (f) abandon or vacate the Premisesfor more than three (3) consecutive months; (g) assign this Lease or sublease any portion of the Premisesin violation of Article X; or (h) fail to comply with any other provision of this Lease in the manner required hereunder and such failure continues for thirty (30) days after written notice thereof to Tenant by Landlord (or if the noncompliance cannot by its nature be cured within the 30- day period, if Tenant fails to commence to cure such noncompliance within the 30-day period and thereafter diligently prosecute such cure to completion).

14.2 Remedies on Default. Upon the occurrence of an Event of Default, Landlord shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord at law or in equity.These remedies are not exclusive but instead are cumulative. (a) Continue Lease. Landlord may continue this Lease in full force and effect. In such case, so long as Landlord does not terminate Tenant's right to possession, this Lease will continue in effect and Landlord shall have the right to collect Rent when due, and may undertake efforts to rent the Premises, or any part of them, to third parties for Tenant's account. Tenant shall be liable to Landlord for all reasonable costs Landlord incurs in reletting the Premises including without limitation, expenses of remodeling the Premises required by the reletting. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenantshall pay to Landlord the Rent due under this Lease on the date the Rent is due, less the Rent Landlord receivesfrom any reletting. No act by Landlord allowed by this Section shall terminate this Lease unless Landlord terminates Tenant's right to possession. After an Event of Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this Lease, but Tenantshall not be released from liability.
(b) Terminate Lease. Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time following an Event of Default. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to recover from Tenant all of the following:

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(i) The worth, at the time of the award, of any unpaid Rent that had been earned at the time of termination of this Lease;
(ii) The worth, at the time of the award, of the amount of unpaid Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the unpaid Rent that Tenant proves could have been reasonably avoided; (iii) Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform obligations under this Lease, including, without limitation, brokerage commissions, advertising expenses, expenses of remodeling the Premises for a new tenant, and any special concessionsmade to obtain a new tenant; and (iv) Any other amounts, in addition to or in lieu of those listed above that may be permitted by law. (c) Receiver. Landlord shall have the right to have a receiver appointed to collect Rent. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this Lease.

14.3 Landlord's Default. Landlord's failure to perform any of its obligations under this Lease shall constitute a Landlord Event of Default hereunder if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required performance cannot be completed within thirty (30) days, Landlord's failure to perform shall not constitute a Landlord Event of Default if Landlord undertakes to cure the failure within such thirty- (30) day period and diligently and continuously attempts to complete the cure as soon as reasonably possible. Tenant waives any right to terminate this Lease and to vacate the Premises upon Landlord's default under this Lease. Tenant's sole remedy on Landlord's default is an action for damages or injunctive or declaratory relief.

ARTICLE XV MISCELLANEOUS

15.1 No Waiver. No receipt and retention by Landlord of any payment tendered by Tenant in connection with this Lease shall constitute an accord and satisfaction, or a compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary unless Landlord expressly agrees to an accord and satisfaction, or a compromise or other settlement, in a separate writing duly executed by Landlord.Landlord will be entitled to treat any such payments as being received on account of any item or items of Rent, interest, expense or damage due in connection herewith, in such amounts and in such order as Landlord may determine at its sole option. Failure of any party to exercise any right in one or more instance shall not be construed as a waiver of the right to strict performance or as an amendment to or modification of this Lease. Any waiver of any condition or provisionsetforth in this Lease shall not be deemed a waiver of any subsequent breach of such condition or provision or of any other condition or provision, nor shall any such waiver be deemed a continuing waiver.

15.2 Severability. The Parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or· unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of the invalid or unenforceable provision.

15.3 Governing Law; Venue: Construction. This Lease shall be construed according to the laws of the State of California without regard to principles of conflict of laws. Any action or proceeding that relates to, or arises from, this Lease shall be brought in a state court of competent jurisdiction located in Sonoma County. The captions used for the Sections and Articles of this Lease have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease.

15.4 Binding Effect: Survival. The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

The representations and warranties of Landlord and Tenant and the indemnification obligations of Landlord and Tenant set forth herein shall survive the expiration or termination of this Lease as shall all other provisions hereof which are intended to survive such expiration or termination.

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15.5 Time.Time is of the essence of each provision of this Lease.

15.6 Entire Agreement: Amendments. This Lease and Exhibits A , B , a n d C, attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between Landlord and Tenant pertaining to the lease of space in the Building and supersedes all prior and contemporaneous understandings or agreements of the parties. This Lease may not be amended or modified except in a writing signed by both Parties.

15.7 Notices. All notices delivered pursuant to this Lease shall be in writing and delivered to Landlord or Tenant at the applicable address designated in Section 1.1 or to such other address as may hereafter be designated by either party by written notice delivered to the other party in accordance with this Section. Such notices shall be effective on the earlier to occur of actual receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if delivered by overnight delivery service and delivery is confirmed by the delivery service.

15.8 Force Majeure. Except as otherwise provided in this Lease, the time for performance of an obligation other than payment of money under this Lease shall be extended for the period during which a party is prevented from performing due to Unavoidable Delay: "Unavoidable delay" shall mean any and all delay beyond the applicable party's reasonable control, including without limitation, delays caused by the other party; governmental restrictions, regulations, controls, preemptions or delays; orders of civil, military or naval authorities;strikes, labor disputes, lock-outs,shortages of labor or materials or reasonable substitutestherefore; Acts of God; fire, earthquake, floods, explosions or other casualties; extreme weather conditions or other actions of the elements; enemy action, civil commotion, riot or insurrection.

15.9 Attorneys' Fees: Prejudgment Interest. If the services of an attorney are required by any party to secure the performance hereof or otherwise upon the breach or default of the other party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Lease, or if the services of an attorney are required upon the bankruptcy of a party to this Lease to compel or object to assumption or rejection of this Lease, seek relief from the automatic stay or object to an action to recover a preference or fraudulent transfer, the prevailing party shall be entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs, and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Lease or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.

15.10 Authority. Each party warrants and represents that it has full authority to enter into this Lease, that this Lease constitutes a binding obligation of such party, and that the individual(s) signing on behalf of such party are duly authorized to bind such party hereto.

15.11 Landlord Approvals. Whenever the consent or approval of Landlord is required hereunder, such consent or approval may be granted or withheld by the City Manager or his or her designee, unless the City Manager determines in his or her discretion that such matter shall be referred to Landlord's governing body for consideration.

15.12 Counterparts. This Lease may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by any other party. This Lease shall take effect when signed by all Parties.

NOW THEREFORE, Landlord and Tenant executed this Lease as of the date first written above.

Landlord Tenant

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Packet Pg. 100 Attachment: Lease (3855 : Alliance Medical Center HCC Lease) 14 | P a g e
City of Healdsburg, a Municipal Corporation Alliance Medical Center _______________________________ _________________________________ Jeff Kay, City Manager Chief Executive Officer
Attest:
_______________________________
Raina Allan, City Clerk

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Packet Pg. 101 Attachment: Lease (3855 : Alliance Medical Center HCC Lease) 15 | P a g e
List of Exhibits
Exhibit A: Map of Premises Being Leased (including Common Area) Exhibit C: Rules and Regulations for the property
Exhibit B: Rules and Regulations for the property
Exhibit C: Insurance Requirements
Exhibit D: List of Alliance Medical Center's Services and Medical Supplies and Equipment to be used on the Premises

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Packet Pg. 102 Attachment: Lease (3855 : Alliance Medical Center HCC Lease) 16 | P a g e
EXHIBIT A: PREMISES (with common area depicted)

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Packet Pg. 103 Attachment: Lease (3855 : Alliance Medical Center HCC Lease) 17 | P a g e
EXHIBIT B: RULES AND REGULATIONS FOR PROPERTY
Parking:

There shall be no overnight parking of any vehicles, and vehicles which have been parked in violation of the terms hereof may be towed away at the owner's expense. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers or invitees to be loaded, unloaded, or parked in areas other than those designated by Landlord for such activities.

Alcohol:

No alcohol is permitted on the premises.

No-Smoking:

Smoking is prohibited in all City facilities and Public Recreation Areas. Ordinance No. 893 and No.1040
The non-smoking law includes the rooms, walkways, Courtyard, Amphitheater, gardens, blacktop area, playground and fields at the Community Center.

Music and Noise Levels
As the Community Center is located near a residential area, user groups are requested to keep loud noise at a courteous level in the parking lot. All activities must end by 10:00 p.m. Sundays - Thursdays and 12:00 a.m. Fridays and Saturdays.

Minors
Activities for minors (18 and under) must be supervised by responsible adult for the entire period of the activity.

Public Restroom
The only public restroom available to the Tenant is directly across from Rooms #15 and #16.

Securing the facility
The Tenant shall be responsible for securing the Community Center when the City office is closed.

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Packet Pg. 104 Attachment: Lease (3855 : Alliance Medical Center HCC Lease) 18 | P a g e
EXHIBIT C: INSURANCE COVERAGES
(1) Commercial general liability insurance including contractual liability coverage, written on an "occurrence" policy form, covering bodily injury, property damage and personal injury arising out of or relating (directly or indirectly) to Tenant's operations, assumed liabilities, or use or occupancy of the Premises, the Building or the Property naming the Landlord as an additional insured, with minimum coverage in the amount of Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage and Two Million Dollars ($2,000,000) in the aggregate;
(2) Property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then available standard forms of "all risk" insurance policies, covering Tenant's personal property and trade fixtures in or about the Premises or the Property, and any improvements or Alterations in the Premises, in an amount of one hundred percent (100%) of actual replacement cost or highest insurable value; (a) Workers' compensation insurance in not less than statutory limits; and (b) If Tenant operates owned, leased or non-owned vehicles on the Property, comprehensive automobile liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence, combined single limit.

The foregoing policies shall protect Tenant as named insured, and Landlord and the other Indemnitees as additional insureds. Landlord reserves the right to increase the foregoing amount of required liability coverage from time to time (but not more than once each calendar year) and to require that Tenant cause any Tenant Parties conducting activities in or about or occupying the Premises to obtain and maintain similar types and amounts of insurance.

Each insurance policy must include an endorsement to provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reason of acts or omission of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof, including appropriate endorsements, shall be delivered to Landlord by Tenant on or before the Commencement Date, and thereafter renewal policies, certificates, and appropriate endorsements at least thirty (30) days prior to the expiration dates of expiring policies.

Tenant shall cause its insurance companies issuing property (first party) insurance and workers' compensation insurance to waive any subrogation rights that those companies may have against Landlord, as long as the insurance is not invalidated by the waiver.

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Packet Pg. 105 Attachment: Lease (3855 : Alliance Medical Center HCC Lease) 19 | P a g e
EXHIBIT D: LIST OF ALLIANCE MEDICAL CENTER’S SERVICES AND MEDICAL SUPPLIES AND EQUIPMENT TO BE USED ON THE PREMISE:

SUPPLIES
Isopropyl Rubbing Applicator Cotton Tip Autoclave Tape Bandage Adhesive Cape Exam Cleaner Dispatch Spray
Container Specimen Leakproof Sterile
Cotton Ball Medium Non-Sterile
Cover Probe for MDL
Exam Gown
Exam Gloves
HCG Urine Cassette Clearview lnstra-Clean Powder Detergent Needle BD Eclipse Paper Exam Table Encore
Probe Cover Pro4000 PCBOO and PC200
Sani-Cloth Super Large 55 prcnt Alcohol
Sheet Drape
Solution Hydrogen Peroxide 3%
Specula Vagina KleenSpec Strip Uristic Reagent 100 Test Surgilube _ Swab 8" Scopettes Jr. _ Test Urine Strip Diascreen Towel Plasbak Towelette Bzk

EQUIPMENT
Exam Tables (2) Immunization Refrigerator Vaginal Illumination System Microscope Otoscope Head - ear exams Otoscope Operator- ear procedures Exam Light Centrifuge - prep of blood & urine specimens
Urine Analyzer
Sharps Container & Bracket
Woods Lamp - evaluation of skin
Automatic External Defibrillator
Adult Scale
Immunization Freezer
Fetal Doptones - prenatal care
Hemacue
Trash Cans
Desk Charger w/handles- eye and ear exams
Cryoguns- treatment of skin lesions
Sundry Jars- holds gauze, tongue depressors
Autoclave
Office & Computer Equipment
Waiting Room & Exam Room Furniture

SERVICES
Primary Medical Care Services
Assistance in gaining financial support for health and social services Teen Pregnancy Prevention Counseling
Teen Mentoring Program
Family Planning Services
Referral Services for additional medical and mental health services Pregnancy testing
Medication dispensing (immunizations, antibiotics, birth control) Chiropractic, acupuncture, and wellness services

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Packet Pg. 106 Attachment: Lease (3855 : Alliance Medical Center HCC Lease)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Appointment of Senior Citizen Advisory Commissioner PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

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

By motion, appoint Susan Graf to the Senior Citizen Advisory Commission for a term of three years due to expire January 1, 2026.

COMMUNITY ENGAGEMENT/OUTREACH:

A notice of vacancies for the Senior Citizen Advisory Commission (SCAC) was advertised in the Press Democrat for seven weeks, posted on the City of Healdsburg website and social media channels as well as posted as the Healdsburg Senior Center.

BACKGROUND:

In early August a position on the SCAC was vacated by a former Commissioner and then in early September, an additional Commissioner resigned their seat as they were moving out of Healdsburg. The Clerk’s Office has been actively recruiting for these two openings since the vacancies occurred. As well as the recent vacancies, there are two terms expiring January 1, 2023. Neither incumbent has confirmed their interest in reapplying to serve on the Commission at this time.

DISCUSSION/ANALYSIS:

After the deadline closed in October, staff received an application from Susan Graf. Staff has reviewed the application and recommends appointing Susan Graf to the Commission for a term of three years, due to expire January 1, 2026.

ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

ALTERNATIVES:

Council may choose not to appoint Susan to the Commission at this time and instead appoint a

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subcommittee to interview her or provide alternative direction to staff.

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 Application

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Packet Pg. 109 Attachment: Commission Application (3858 : Senior Citizen Advisory Commission Appointment)

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Packet Pg. 110 Attachment: Commission Application (3858 : Senior Citizen Advisory Commission Appointment)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Adoption of Resolution Authorizing Remote Meetings PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

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

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

COMMUNITY ENGAGEMENT/OUTREACH:

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

BACKGROUND:

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

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

DISCUSSION/ANALYSIS:

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

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

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

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

ENVIRONMENTAL STEWARDSHIP:

This section is not applicable.

ALTERNATIVES:

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

FISCAL IMPACT:

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

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENT(S):

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

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CITY OF HEALDSBURG
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AND ON BEHALF OF COMMISSIONS AND

COMMITTEES CREATED BY THE CITY COUNCIL

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

MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN

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

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

1. Find that Current Conditions Authorize Teleconference Public Meetings of

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Packet Pg. 113 Attachment: Resolution (3864 : Resolution authorizing remote meetings) Resolution No. -2022

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

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

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

PASSED and ADOPTED by the City Council of the City of Healdsburg, County of Sonoma, State of California, this 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. 114 Attachment: Resolution (3864 : Resolution authorizing remote meetings)

PUBLIC MEETING COVID-19 PROTOCOLS

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

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

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

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

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

IN-PERSON ATTENDANCE PROTOCOL:

1. Social Distancing and Occupancy Limits: The occupancy limit in the Council Chamber will be reduced by at least 50%.
a. Due to limited capacity, participants who indicate they are only interested in a specific item may be asked to wait outside the Council Chamber until their item is called on the agenda.
b. City staff will monitor occupancy within the Council Chamber to ensure proper social distancing is maintained. All participants of a public meeting permitted entry into the Council Chamber shall obey all directions from City staff provided to ensure proper social distancing is maintained. Any participant of a public meeting permitted entry into the Council Chamber who fails or refuses to obey the directions

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Packet Pg. 115 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3864 : Resolution authorizing remote meetings)

from City staff provided to ensure social distancing, following one or more warning(s) from an appropriate City official, shall leave the Council Chamber upon instruction from an appropriate City official.
c. City staff and outside consultants to the City will, as appropriate or directed by the City Manager, participate in the public meeting remotely via teleconference.

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

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

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

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

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

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Packet Pg. 116 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3864 : Resolution authorizing remote meetings)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: December 19, 2022
SUBJECT: Ordinance adopting by reference the 2022 California Fire Code, with local amendments
PREPARED BY: Lance MacDonald, Fire Marshal/Division Chief STRATEGIC INITIATIVE(S):

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

Pass an ordinance repealing Ordinance No. 1194, and adopting by reference the 2022 California Fire Code, with the proposed amendments, additions and deletions.

BACKGROUND:

On January 1, 2023, the 2022 California Fire Code will go into effect. During the six-month period preceding this date, local jurisdictions have an opportunity to prepare amendments to the code that reflect local conditions.

The Sonoma County Fire Chiefs (the “Fire Chiefs”) directed a committee of fire and building officials to provide local amendments that could be adopted by the cities or fire districts within the County. Most fire officials representing Sonoma County cities participated on the committee.

The Fire Chiefs saw a need for local amendments to provide County wide consistent regulations to the construction industry by alleviating obstacles for development. The Healdsburg Fire Marshal and Building Official further amended the code realizing the unique characteristics of Healdsburg’s older residential and downtown commercial buildings and the surrounding wildland urban interface areas.

DISCUSSION/ANALYSIS:

On November 21, 2022, the City Council introduced this ordinance for first reading. The 2022 California Fire Code will go into effect January 1, 2023. The City of Healdsburg prepared amendments and additions to the codes to reflect local conditions through the Health & Safety Code Sections 17958.5 and 17958.7. Staff has made recommended findings to add, delete and amend specific portions of the mandated code due to local climatic, geological, and

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topographical conditions to mitigate the potential damage caused by earthquakes, flooding, erosion, and fires.

The proposed fire code amendments have very few changes from the previous code adoption.

The most significant changes were adopted in the fire code and were removed from the amendments.

This ordinance is formatted to match that of the model code adopted by the state to create a seamless and transparent format for reference and enforcement of the code. The proposed Fire Code ordinance has been extensively peer reviewed for content, accuracy, and necessity by numerous city, county, regional, and state fire, building and industry organizations and agencies.

The contents of this ordinance that crosses over into the Building Codes has been incorporated into those adopting ordinances for consistency amongst the codes enforced within the City of Healdsburg and throughout Sonoma County. Due to the extensive network of peer reviewers many portions of this ordinance are being used in adopting ordinances through the State of California.

Government Code section 50022.3 identifies the procedure for the adoption process of codes that established the requirement for first reading of the ordinance title and establishment of the public hearing date.

ALTERNATIVES:

Adopt the California codes as mandated by the State of California with no local amendments to reflect local conditions as allowed through the Health & Safety Code.

FISCAL IMPACT:

There will be no fiscal impact resulting from the proposed action.

ENVIRONMENTAL ANALYSIS:

The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the CEQA Guidelines Section 15061(b) (3) which states that projects are only subject to CEQA if they have the potential for causing a substantial, or potentially substantial, adverse change in the environment. The ordinance will not result in any significant adverse effects on the environment.

ATTACHMENT(S):
2022 Ordinance-Fire Code

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CITY OF HEALDSBURG
ORDINANCE NO.______

AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
HEALDSBURG REPEALING ORDINANCE NO. 1194 AND
ADOPTING BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA FIRE CODE, AS AMENDED, REGULATING

AND GOVERNING THE SAFEGUARDING OF LIFE AND

PROPERTY FROM FIRE AND EXPLOSION HAZARDS

ARISING FROM THE STORAGE, HANDLING AND USE OF

HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES,

AND FROM CONDITIONS HAZARDOUS TO LIFE OR

PROPERTY IN THE OCCUPANCY OF BUILDINGS AND
PREMISES IN THE CITY OF HEALDSBURG; PROVIDING

FOR THE ISSUANCE OF PERMITS AND COLLECTION OF

FEES THEREFOR
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 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; 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, 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 the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that 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:

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Packet Pg. 119 Attachment: 2022 Ordinance-Fire Code (3860 : Ordinance Adoption 2022 Fire Code and Ammendments) Ordinance No.______

SECTION 1. OLD CODES REPEALED
Chapter 15.08 (Ordinance No. 1194) of the Healdsburg Municipal Code is hereby repealed in its entirety.

SECTION 2. FINDINGS
The City Council finds that in order to best protect the health, safety, and welfare of the citizens of Healdsburg, the City Council should adopt the California Fire Code Standards. The Council further finds that based upon the materials presented and the recommendations of the Fire Chief, it is necessary to make these revisions in order to clarify procedural issues and to provide fire personnel with a better ability to protect the public.

Under the provisions of Section 17958.5 of the Health and Safety Code, local amendments must be based on climatic, geological and topographical conditions. The following Findings of Fact address each of these situations and present the local conditions which, either singularly, or in combination, justify the amendments to be adopted. As such, City Council finds and declares that the following local conditions exist:

A. CLIMATE: The City, on 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.

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 responding fire 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 light to gusty winds, which coupled with highly flammable vegetation and neighborhoods located in wildland-urban interface creates hazardous fire conditions. 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 the possibility of earthquake-induced fires starting because of damage to gas lines, power lines or heat producing appliances and the unavailability of water for fire control due to broken water mains. 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 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.

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Packet Pg. 120 Attachment: 2022 Ordinance-Fire Code (3860 : Ordinance Adoption 2022 Fire Code and Ammendments) Ordinance No.______

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 to the west and the Russian River to the south and east and divided by a railroad right-of-way. The railroad, river and freeway all create barriers, which obstruct traffic patterns and delay response time for fire equipment. The water supply within the City is 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 a minute. This wide variation causes major problems to development and fire suppression efforts.

D. SUMMARY: The above local climatic, geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Healdsburg Fire Department. A fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. The majority of the City’s industrial areas are located in the highest seismic risk zones, which also contains the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of persons, should a significant seismic event occur. The Department’s resources would have to be prioritized to mitigate the greatest threat and may be unavailable for vegetation or structure fires.

Other variables that may tend to intensify the situation include:

1. The extent of damage to the water system;

2. The extent of isolation due to bridge and/or freeway overpass collapse;

3. The extent of roadway damage and/or amount of debris blocking roadways;

4. Climatic conditions (hot, dry weather with high winds);

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; and,

6. The availability of timely mutual aid or military assistance.

E. CONCLUSION: Local climatic, geological and topographical conditions impact fire prevention efforts and the frequency, spread, intensity, and the size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that the International Fire Code, the California Fire Code, the California Building Code and State Building Standards Code be changed or modified to mitigate the effects of these conditions.

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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 these 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 condition and all of the above-referenced conditions apply to the additions, modifications, and/or amendments set forth herein.

SECTION 3. CODES ADOPTED AND AMENDED
Chapter 15.08, “Fire Prevention” is hereby adopted, to read as follows:

Sections:

15.08.010 Codes Adopted

15.08.020 California Fire Code (CFC) amendments

15.08.010 Codes Adopted
The City of Healdsburg adopts by reference the 2022 Edition of the California Fire Code (hereinafter “Fire Code”), known as California Code of Regulations, Title 24, Part 9, thereof and the whole thereof including Appendix Chapters 4, B, BB, C, CC, D, E, F, G, H, N and O as published by the International Code Council, save and except such portions as are hereinafter added, deleted, modified or amended by Section 15.08.020 of this ordinance is hereby adopted pursuant to Section 13869 of the California Health and Safety Code and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Healdsburg Fire Department. As adopted and amended herein, the 2022 California Fire Code becomes the Fire Code of the City of Healdsburg.

15.08.020 California Fire Code (CFC) Amendments
CFC Chapter 1, Section 101.1 is amended to read as follows:
101.1 Title.

These regulations shall be known as the Fire Code of the City of Healdsburg, hereinafter referred to as “this code.”
CFC Chapter 1, Subsection 103.1 is added to read as follows:
103.1 Creation of Agency. The Healdsburg Fire Prevention Division is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

CFC Chapter 1, Subsection 103.4 is added to read as follows:

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103.4 Supplemental rules, regulations, and standards.

The fire code official is authorized to render interpretations of this code and to make enforce rules and supplemental regulations and to develop Fire Prevention Standards to carry out the application and intent of its provisions.

CFC Chapter 1, Subsection 104.12.4 is added to read as follows:
104.12.4 Charges.

The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency.

Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person to the City and shall be collectable by the Fire Chief for proper distribution in the same manner as in the case of an obligation under an expresses or implied contract. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation and clean up the site.

CFC Chapter 1, Section 105.2 is amended to read as follows:
105.2 Application for permit; fees.

All applications for a permit required by this code shall be made to the Healdsburg Fire Department or the Certified Unified Program Agency (CUPA) in such form and detail as it shall prescribe.

Application for permits shall be accompanied by such plans as required by Fire Department. The City Council may establish fees by resolution, from time to time, for permit applications.

CFC Chapter 1, Section 107.7 is added to read as follows:
107.7Cost recovery.

Fire suppression, investigation or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time.

Additionally, any person(s) who negligently, intentionally or in violation of law within the scope of Government Code Section 53150 et seq. causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable or combustible fluids or chemicals, is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150 et seq., as may be amended from time to time. Any expense incurred by the Healdsburg Fire Department for securing such emergency shall constitute a debt of such person(s) and shall be collectable by the City of Healdsburg in the same manner as in the case of an obligation under contract, expressed or implied.

CFC Chapter 1, Section 112.4 is amended to read as follows:
112.4 Violation penalties.

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(a).In accordance with the provisions of the Healdsburg Municipal Code section 1.12 and this code, any persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certification used under provisions of this code, or any person operating or maintaining any occupancy, premises, or vehicle subject to this code, fire and life safety provisions of the California Building or Fire Codes, or allow any fire hazard to exist on premises under their control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the fire code official or authorized designee shall be guilty of a misdemeanor, and shall severally for each and every violation and noncompliance respectively, be punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment.

The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense. (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 Healdsburg Municipal Code section 1.12, as may be amended from time to time. 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.

CFC Chapter 1, Section 112.5added to read as follows:
112.5 Authority to issue citations.

The Chief and fire code officials who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions thereof, arrest a person without a warrant whenever the Chief or fire code official has reasonable cause to believe that the person to be arrested has committed a violation in the presence of the Chief or fire code official which he or she has discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to the provisions of Section 853.5 et seq. of the California Penal Code.

CFC Chapter 1, Section 113.4 is amended to read as follows:
113.4 Failure to comply.

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable by a fine in accordance with the adopted fee schedule which shall be established by Council

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through resolution, subject to the penalty provisions of the Healdsburg Municipal Code section

1.12, or State law.

CFC Chapter 2, Section 202 General Definitions is amended to amend and add the following:

ALTERATION OF FLOOR AREA. For the purpose of this definition, the following criteria shall be considered in determining the percentage of “alteration of floor area.” The 50% referred to under “Substantial Remodel” applies to the entire building’s gross floor area in plan view. The entire room or space where the remodel is taking place will be considered in the calculation, either alone or in combination with any of the following:

1. Removing wall finishes and exposing framing of;
a. Interior wall (where finishes are removed from one side only the room or space to which the framing is exposed will be included in the calculation). b. Perimeter exterior wall (one or both sides).

2. New wall construction, removing, or repositioning, either interior or perimeter exterior walls, the rooms or spaces on both sides of the wall will be included in the calculation.

3. Removal of the ceiling in any room or space to expose rafter trusses, beams, purlins, or floor joists. The floor joists must be within a floor/ceiling assembly.

4. Removal of the roof structure (only rooms or spaces that are directly below the removed roof structure will be included in the calculation).

5. In the non-residential portion of multi-tenant buildings, individual tenant space improvements in which the space is reduced to a “shell” condition, shall require that the future tenant improvement comply with these fire sprinkler requirements.

6. Other alterations considered substantial by the Fire Code Official (see DSA-AC definition of “Alteration” in the 2019 California Building Code).

Items 7, 8, and 9, are not to be included in the alteration of floor area calculation:

7. Partial removal of wall finishes necessary for repair due to flooding.

8. Removal of floor finishes which exposes floor framing and/or the removal of concrete slab, unless part of a floor/ceiling assembly.

9. Relocating plumbing fixtures in bathrooms and/or kitchen.

NUISANCE ALARM. An unwarranted alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, system servicing testing, construction activities, ordinary household activities, false alarm, other cause when no such danger exists, or an alarm activated by a cause that cannot be determined.

SUBSTANTIAL ADDITION. An existing building or structure not classified as Group R-3 occupancy, which undergoes any addition of floor area that is greater than twenty-five percent (25%) of the existing gross floor area.

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SUBSTANTIAL ADDITION, Group R-3. An existing Group R-3 building or structure, which undergoes any addition of floor area that exceeds fifty percent (50%) of the existing gross floor area.

SUBSTANTIAL ALTERATION. An existing building or structure, which undergo any combination of substantial remodel, addition or both that equals fifty percent (50%) of the existing gross floor area.

SUBSTANTIAL REMODEL. In all existing buildings or structures, any alteration of floor area that is greater than fifty percent (50%) of the existing gross floor area or meets the definition of a substantial improvement as defined by the California Building Code. (see ALTERATION OF FLOOR AREA).

CFC Chapter 3, Section 311.3.1 is added to read as follows:
311.3.1 Removal of debris after fire. All rubble, waste, rubbish, and other materials lying upon any premises within the jurisdictional area; having been accumulated thereon by reason of a fire and having been rendered useless thereby shall be removed within ten (10) days after notice has been given to do so in writing by the Fire Chief or Fire Code Official to the owner, lessee, or other person in charge or control of the premises.

CFC Chapter 3, Section 319 is added to read as follows:

Section 321 Trespassing on Posted Property
319.1 General.

When the chief determines that the specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
319.2 Signs.

Approved signs prohibiting entry by unauthorized persons and referring to Section 321 shall be placed on every closed area.
319.3 Trespassing.

Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.

CFC Chapter 4, Subsection 401.3.2.1 is added to read as follows:

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401.3.2.1 Nuisance alarm notification.

Notification of emergency responders based on a nuisance alarm may be punishable by a fine in accordance with the adopted fee schedule which shall be established by Council through resolution, from time to time. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from a nuisance alarm notification.

CFC Chapter 4, Subsection 401.3.2.2 is added to read as follows:
401.3.2.2 Multiple nuisance alarm activations.

Any occupancy that has more than two nuisance alarms, causing emergency response within a 12- month period may be required to modify, repair, upgrade or replace their system and/or monitoring station as determined by the fire code official.

CFC Chapter 4, Section 402.1 is amended to read as follows:

NUISANCE ALARM
CFC Chapter 4, Section 403.3 through 403.4 are deleted.

CFC Chapter 4, Subsection 403.10.2.1 are deleted.

CFC Chapter 4, Subsection 403.10.2.1.2 through 403.11.5 are deleted.

CFC Chapter 5, Subsection 503.1.1 exception 1 is amended to read as follows:
503.1.1 Building and facilities.

Exception:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Chapter 903 and City standards.

CFC Chapter 5, Subsection 503.2.1 is amended to read as follows:
503.2.1 Dimensions.

Fire apparatus access roads serving four or more parcels (minor/major subdivision) shall have an unobstructed width from curb to curb that is consistent with the Healdsburg General Plan or no less than 20 feet, exclusive of shoulders. Driveways serving three or fewer structures may have the following widths: Three structures, 16 feet; two structures, 12 feet; and one structure, 10 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. In areas designated as Wildland Urban Interface (WUI) as shown in the Healdsburg General Plan, access roads shall have ignitable vegetation clearance area on each side of the road or driveway of not less than ten (10) feet unless otherwise authorized by the Fire Chief due to extenuating circumstances.

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CFC Chapter 5, Subsection 503.2.3 is amended to read as follows:
503.2.3 Surface.

Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Roadways or driveways in excess of 15% shall have a concrete surface with a thickness and aggregate base approved by the fire code official and City Engineer.

CFC Chapter 5, Subsection 503.2.6.1 is added to read as follows:
503.2.6.1 Evaluation and maintenance.

All existing private bridges and elevated surfaces that are a part of the fire department access roadway, shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual:
“The Manual for Bridge Evaluation,” Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the fire code official or authorized designee.

CFC Chapter 5, Subsection 503.2.7 is amended to read as follows:
503.2.7 Grade.

No road or driveway shall have a maximum grade in excess of fifteen percent (15%) unless approved by the fire code official, which may require additional fire protection measures. To accommodate unusual access constraints, a road or driveway may include grades up to 20% for distances not exceeding three hundred (300) feet.

CFC Chapter 5, Section 503.3 is amended to read as follows:
503.3 Marking.

Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE in accordance with the California Vehicle Code, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and is replaced or repaired when necessary to provide adequate visibility.

CFC Chapter 5, Section 503.4 is amended to read as follows:
503.4 Obstruction of fire apparatus access roads.

Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances as established in Section 503.2.1 shall be maintained at all times. Vehicles found to be parked in public and private areas identified as Fire

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Lanes, Hydrant Zones, or any other fire department access way identified by this code may be immediately towed if, in the opinion of the fire or police department, the vehicle would hinder or impede access to the property, area or fire protection device.

CFC Chapter 5, Section 505.1 is amended to read as follows:
505.1 Address identification.

New and existing buildings shall be provided with approved illuminated or other approved means of address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetic letters.

Numbers shall not be spelled out. Character size and stroke shall be in accordance with Section 505.1.1 through 505.1.2. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response in accordance with this code and Section 505.1.3. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the fire code official, a monument, pole, or other approved illuminated sign or other approved means shall be used to identify the structure.

Address identification shall be maintained.

CFC Chapter 5, Subsection 505.1.1 is added to read as follows:
505.1.1 Numbers for one and two-family dwellings.

Each address identification character shall be not less than four (4) inches high with a minimum stroke width of one-half (0.5) inch.

CFC Chapter 5, Subsection 505.1.2 is added to read as follows:
505.1.2 Numbers for other than one and two-family dwellings.

Each address identification character shall be not less than twelve (12) inches high with a minimum stroke width of one (1) inch. Suite and unit directional numbers shall be not less than six (6) inches high with a minimum stroke width of three-quarter (0.75) inch. Numbers shall be not less than four (4) inches high with a minimum stroke width of one-half (0.5) inch.

Exception: These requirements may be modified with the approval of the fire code official.

CFC Chapter 5, Subsection 505.1.3 is added to read as follows:
505.1.3 Complex directory.

Where two or more buildings cannot be viewed from the public way or when determined by the fire code official, an approved illuminated complex directory, monument, pole, or other approved sign or means shall be used to identify the structures at the main entrances to the property.

CFC Chapter 5, Section 506.1 is amended to read as follows:

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Section 506.1 Key boxes.

When access to or within a structure or area is determined to be unduly difficult by the fire code official because of secured openings (doors or gates), or due to the presence of hazardous materials or fire protection systems a key box shall be required to be installed at an accessible location. The key box shall be an approved type and contain those keys necessary to gain access.

CFC Chapter 5, Subsection 507.5.1 is amended to read as follows:
507.5.1 Where required.

Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 250 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and fire mains shall be provided where required by the fire code official.

CFC Chapter 5, Subsection 507.5.1 exception is deleted.

CFC Chapter 5, Subsection 507.5.1.1 is amended to read as follows:
507.5.1.1 Hydrant for fire department connection.

Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 100 feet of the fire department connections, or as approved by the fire code official. (Also see Section 912.2).

CFC Chapter 5, Subsection 507.5.7 is added to read as follows:
507.5.7 Fire hydrant size and outlets.

Shall be in accordance with City of Healdsburg standards, or as approved by the fire code official.

CFC Chapter 5, Subsection 507.5.8 is added to read as follow:
507.5.8 Fire hydrant street marker.

Fire hydrant locations shall be visually indicated in accordance with the City of Healdsburg standards or as approved by the fire code official, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

CFC Chapter 5, Section 510.1 exception 1 is deleted.

CFC Chapter 5, Section 510.3 is deleted.

CFC Chapter 9, Section 902.1 is amended to add the following:

ALTERATION OF FLOOR AREA

SUBSTANTIAL ADDITION
SUBSTANTIAL ADDITION, Group R-3

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SUBSTANTIAL ALTERATION
SUBSTANTIAL IMPROVEMENT (see California Building Code, Chapter 2)

SUBSTANTIAL REMODEL
CFC Chapter 9, Section 903.2 paragraph number one is amended to read as follows:
903.2 Where required.

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.20. Approved automatic sprinkler systems in existing buildings and structures shall be provided in locations described in Section 903.6.

Exceptions:

1. Detached Group U occupancies 1000 sq. ft. or less.

2. Agricultural buildings and private riding arenas as approved by the fire or building code official.

3. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.

4. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy.

5. Detached Car Ports of non-combustible construction with no habitable space above.

CFC Chapter 9, Subsection 903.2.1 is amended to read as follows:
903.2.1 Group A.

An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.

CFC Chapter 9, Subsection 903.2.1.1 through 903.2.1.5 are deleted.

CFC Chapter 9, Subsection 903.2.1.6 is amended to read as follows, with deletion of the exception:
903.2.1.6 Assembly occupancies on roofs.

Where an occupied roof has assembly occupancy, an automatic sprinkler system shall be provided throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2.

CFC Chapter 9, Subsection 903.2.1.7 is deleted.

CFC Chapter 9, Subsection 903.2.2 is amended to read as follows:
903.2.2 Ambulatory care facilities.

An automatic sprinkler system shall be installed throughout buildings containing an ambulatory care facility.

CFC Chapter 9, Subsection 903.2.3 is amended to read as follows:

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903.2.3 Group E.

An automatic sprinkler system shall be installed throughout buildings containing Group E occupancies. For public school state-funded construction projects or for public school campuses, Kindergarten through 12th grade, see Section 903.2.19 through 903.2.20.

CFC Chapter 9, Subsection 903.2.4 is amended to read as follows:
903.2.4 Group F.

An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.

CFC Chapter 9, Subsection 903.2.4.1 is deleted.

CFC Chapter 9, Subsection 903.2.5.1 is amended to read as follows:
903.2.5.1 General.

An automatic sprinkler system shall be provided throughout buildings containing Group H occupancies.

CFC Chapter 9, Subsection 903.2.6.1 is deleted.

CFC Chapter 9, Subsection 903.2.6.2 is amended to read as follows:
903.2.6.2 Group I-3.

Every building where inmates or persons are in custody or restrained shall be protected throughout by an automatic sprinkler system conforming to NFPA 13. The main sprinkler control valve or valves and all other control valves in the system shall be locked in the open position and electronically supervised so that at least an audible and visual alarm will sound at a constantly attended location when valves are closed. The sprinkler branch piping serving cells may be embedded in the concrete construction.

CFC Chapter 9, Subsection 903.2.7 is amended to read as follows:

Group M.

An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where the gross floor area exceeds 500 square feet.

CFC Chapter 9, Subsection 903.2.8.1 is amended to read as follows:
903.2.8.1 Group R-3.

An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code. An automatic

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sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations.

CFC Chapter 9, Subsection 903.2.9 is amended to read as follows:
903.2.9 Group S.

An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.

CFC Chapter 9, Subsection 903.2.9.1 through 903.2.9.2 is deleted.

CFC Chapter 9, Subsection 903.2.10 is amended to read as follows:
903.2.10 Group B.

An automatic sprinkler system shall be provided throughout buildings containing a Group B occupancy where the gross floor area exceeds 500 square feet.

CFC Chapter 9, Subsection 903.2.10.1 is deleted.

CFC Chapter 9, Subsection 903.2.11 is amended to read as follows:
903.2.11 Specific buildings areas and hazards.

In all occupancies other than detached Group U occupancies not greater than 1,000 square feet, an automatic sprinkler system shall be installed for building design or hazard in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.

CFC Chapter 9, Subsection 903.2.11.3 exceptions #1 and #2 are deleted.

CFC Chapter 9, Subsection 903.2.11.7 is added to read as follows:
903.2.11.7 High-piled storage.

An automatic sprinkler system shall be provided throughout buildings containing high-pile combustible storage.

CFC Chapter 9, Subsection 903.2.11.8 is added to read as follows:
903.2.11.8 Undetermined use design.

Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet.

CFC Chapter 9, Subsection 903.2.18 exception is deleted.

CFC Chapter 9, Section 903.3 is amended as follows:

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903.3 Installation requirements.

Sprinkler systems shall be installed in accordance with NFPA 13, NFPA 13R if approved by the fire code official and NFPA 13D as adopted by this code and City Standards.

CFC Chapter 9, Subsection 903.3.7 is amended to read as follows:
903.3.7 Fire department connections.

The location of fire department connections (FDC’s) shall be approved by the fire code official.

Approved locking caps shall be provided on all newly installed FDC’s and on any existing FDC’s found to be vandalized.

CFC Chapter 9, Subsection 903.3.9 is amended to read as follows:
903.3.9 Floor control valve.

Floor control valve and waterflow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department access.

2. Buildings that are three or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department access.

Exception: Group R-3 and R-3.1 occupancies floor control valves and waterflow detection assemblies shall not be required.

CFC Chapter 9, Subsection 903.4.2 is amended to read as follows:
903.4.2 Alarms.

One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

CFC Chapter 9, Section 903.6 is amended to read as follows:
903.6 Where required in existing buildings and structures.

An automatic sprinkler system shall be provided throughout existing buildings and structures where required in Sections 903.6.1 through 903.6.3 and where required in Chapter 11.

CFC Chapter 9, Subsection 903.6.1 is added to read as follows:

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903.6.1 Substantial remodel.

An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial remodel or substantial improvement.

Exceptions:

1. Detached Group U occupancies 1000 sq. ft. or less.

2. Agricultural buildings and private riding arenas as approved by the fire or building code official.

3. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.

4. Detached non-combustible motor vehicle fuel dispensing canopies classified as Group M occupancy.

5. Detached Car Ports of non-combustible construction with no habitable space above.

6. Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act (ADA) or as contained in CBC exception # 4 of Section 11B204.2.

7. Partial removal of wall or floor finishes necessary for repair due to flooding.

8. Whenever there are practical difficulties involved the Fire Code Official shall have the authority to grant modifications in individual cases provided the modifications do not lessen the health, life and fire safety requirements as permitted in Section 104.8.

CFC Chapter 9, Subsection 903.6.2 is added to read as follows:
903.6.2 Substantial addition.

An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial addition.

CFC Chapter 9, Subsection 903.6.3 is added to read as follows:
903.6.3 Substantial alteration.

An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial alteration.

CFC Chapter 9, Subsection 905.3.1 is amended to read as follows:
905.3.1 Height.

In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor and roof where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.

3. Buildings where the floor level of the lowest story is located more than 30 feet below the highest level of fire department access.

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4. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exception:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than 150 feet above the lowest level of fire department vehicle access.

3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5.

4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

5. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

5.1. Recessed loading docks for four vehicles or less.

5.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

6. When determined by the fire code official a standpipe system is not warranted in three-story buildings.

CFC Chapter 9, Section 905.9 exception 2 is deleted.

CFC Chapter 9, Subsection 907.6.6 is amended to read as follows:
907.6.6 Monitoring.

New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section.

Exception:

Monitoring by central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

CFC Chapter 9, Section 912.2 is amended to read as follows:
912.2 Location.

With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connections shall be within 100 feet of a fire hydrant or approved by the fire code official (Also see Section 507.5.1.1).

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CFC Chapter 26 is deleted.

CFC Chapter 33, Section 3314.5 is added to read as follows:
3314.5 Where required.

In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding 40 feet in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.

CFC Chapter 33, Section 3315.4 is added to read as follows:
3315.4 Buildings being demolished.

Where a building is being demolished and an automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished.

Section 3901.4 Technical Assistance Report
Section 3901.4 is added to read as follows
3901.4 Technical Assistance Report. A Technical Assistance Report (TAR) shall be required for all new extraction and processing facilities as set forth in Section 104.8.2 to provide a complete analysis of the facility and operations. Additional Technical Reports are required for extraction equipment not listed to UL 1389 as set forth in Section 3904.2.

Section 3903.2 is amended to read:
3903.2 Prohibited occupancies. Extraction processes utilizing flammable gases or flammable liquids shall not be located in a building containing a Group A, E, I or R occupancy.

Section 3903.3 Location
Section 3903.3 is amended to read:

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3903.3 Location. The extraction equipment and extraction processes utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. For other than CO2 and nonhazardous extraction process, the extraction equipment and process shall be located in a room of noncombustible construction dedicated to the extraction process and the room shall not be used for any other purpose.

Section 3903.5 Use of flammable and combustible liquids Section 3903.5 is amended to read:
3903.5 Use of flammable and combustible liquids. The use of flammable and combustible liquids for liquid extraction processes be located within a one of the following:

1. A chemical fume hood provided with mechanical exhaust in accordance with the California Mechanical Code.

2. A dedicated room with an approved exhaust system installed in accordance with the California Mechanical Code.

Electrical equipment used within the chemical exhaust fume hood or extraction room shall be classified for use in hazardous atmospheres in accordance with the California Electrical Code .

Heating of flammable or combustible liquids over an open flame is prohibited.

Exception 1: The use of a heating element not rated for flammable atmospheres, where documentation from the manufacture, or approved testing laboratory indicates the element is rated for heating of flammable liquids.

Exception 2: Unheated processes at atmospheric pressure using less than 16 oz. (473 ml) of flammable liquids shall not be required to comply with 3903.5(1) or 3903.5(2).

Section 3903.5.1 Electrical components
Section 3903.5.1 is added to Section 3903.5 Use of flammable and combustible liquids, to read:
3903.5.1 Electrical components. All electrical components within the chemical fume hood or exhausted enclosure shall be approved permanent wiring, interlocked such that the exhaust system shall be in operation for lighting and components to be used.

Section 3903.6 Liquified petroleum gas
Section 3903.6 is added to read:

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3903.6 Liquefied petroleum gas. Liquefied petroleum gases (LPG) shall not be released to the atmosphere except where released in accordance with Section 7.3 of NFPA 58. LPG liquid piping systems shall be in compliance with CFC Chapter 61.

Sections 3903.6.1 Exhaust
Section 3903.6.1 is added to Section 3903.6 Liquefied petroleum gas, to read:
3903.6.1 Exhaust. An approved exhaust system shall be provided for LPG extractions.

Section 3903.6.1.1 Installation
Section 3903.6.1.1 is added to Section 3903.6 Liquefied petroleum gas, to read:
3903.6.1.1 Installation. The exhaust systems shall be installed and maintained in accordance with the California Mechanical Code.

Section 3903.6.1.2 Processes
Section 3903.6.1.2 is added to Section 3903.6 Liquefied petroleum gas, to read:
3903.6.1.2 Processes. All LPG extraction operations, including processes for off-gassing spent plant material and oil retrieval, shall be conducted within a chemical fume hood, enclosure, or room in compliance with the California Mechanical Code.

Section 3903.6.2 Electrical bonding and grounding
Section 3903.6.2 is added to Section 3903.6 Liquefied petroleum gas, to read:
3903.6.2 Electrical bonding and grounding. All conductive equipment and conductive objects within the exhaust room shall be bonded and grounded with a resistance of less than 1.0 x 106 ohms in accordance with California Electrical Code.

Section 3903.6.2.1 Classified areas
Section 3903.6.2.1 is added to Section 3903.6.2 Electrical bonding and grounding, to read:
3903.6.2.1 Classified areas. The area within a hood or enclosure used of LPG extractions shall be classified as a Class 1, Division 1 hazardous location in accordance with California Electrical Code. Areas adjacent to Class 1, Division 1 locations shall be classified in accordance with California Electrical Code.

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Section 3903.6.2.2 Interlocks
Section 3903.6.2.2 is added to Section 3903.6.2 Electrical bonding and grounding, to read:
3903.6.2.2 Interlock. All electrical components within the extraction room shall be interlocked with the hazardous exhaust system such that room lighting and other extraction room electrical equipment will only operate when the exhaust system is in operation.

Section 3903.6.2.3 Emergency power
Section 3903.6.2.3 is added to Section 3903.6. Electrical bonding and grounding, to read:
3903.6.2.3 Emergency Power. An automatic emergency power system shall be provided for the following items, when installed:

1. Extraction room lighting

2. Extraction room ventilation system

3. Solvent gas detection system
Section 3903.6.2.4 Gas detection systems
Section 3903.6.2.4 is added to Section 3903.6.2 Electrical bonding and grounding, to read:
3903.6.2.4 Gas detection systems. Gas detection systems shall be provided with constant noninterlocked power.

Section 3903.7 Carbon dioxide extraction
Section 3903.7 is added to Section 3903 Processing and Extraction, to read:
3903.7 Carbon dioxide extraction. Carbon Dioxide extraction shall comply with sections 3903.7.1, 3903.7.2, and 3903.7.3
Section 3903.7.1 Storage and handling
Section 3903.7.1 is added to Section 3903.7 Carbon dioxide extraction, to read:
3903.7.1 Storage and handling. All CO2 compressed gas cylinders shall be secured in approved method to prevent falling.

Section 3903.7.2 CO2 gas detection

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Section 3903.7.2 is added to Section 3903.7 Carbon dioxide extraction, to read:
3903.7.2 CO2 Gas Detection. An approved, listed CO2 detection system complying with CFC Section 5307.4.3 shall be installed in the CO2 extraction room. Auto-calibrating and self-zeroing devices or detectors shall be prohibited.

Section 3903.7.3 CO2 discharge
Section 3903.7.3 is added to Section 3903.7 Carbon dioxide extraction, to read:
3903.7.3 CO2 discharge. The extraction equipment pressure relief devices and blow-off valves shall be piped to the exterior of the building.

Section 3903.8 Means of egress
Section 3903.8 is added to Section 3903 Processing and Extraction, to read:
3903.8 Means of Egress. For extraction rooms using hazardous materials, each room shall be provided with at least one exit access door complying with the following:

1. The door shall swing in the direction of egress travel.

2. The door shall be provided with a self-closing or automatic closing device.

3. The door shall be equipped with panic or fire exit hardware.

4. The exit access travel distance cannot be increased as allowed in CFC Section 1017.2.2 for extraction/cultivation facilities.

Section 3903.9 Signage
Section 3903.9 is added to Section 3903 Processing and Extraction, to read:
3903.9. Signage. The NFPA 704 hazard rating diamond sign, minimum 10” in size, and no smoking signs shall be posted on the exterior of the extraction room door.

Section 3903.9.1 Safety data sheets
Section 3903.9.1 is added to Section 303.9 Signage, to read:
3903.9.1 Safety data sheets. All applicable safety data sheets (SDS) shall be posted in the approved location.

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Section 3903.9.2 Warning signage
Section 3903.9.2 is added to Section 3903.9 Signage, to read:
3903.9.2 Warning signage. Applicable hazard warning signage shall be posted throughout the facility as applicable for emergency equipment.

Section 3904.2.2.3 Site inspection
Section 3904.4 is amended to read:
3904.2.2.3 Site inspection. Prior to the operation of the extraction equipment, engineer of record or approved professional, as approved in Section 3904.2, shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis. The engineer of record or approved professional shall provide a report of findings and observations to the fire code official prior to the approval of the extraction process.

The field inspection report authored by the engineer of record shall include the serial number of the equipment installed is the same model and type of equipment identified in the technical report.

Section 3904.5 Change of extraction medium
Section 3904.5 is added to Section 3904 Systems and Equipment, to read:
3904.5 Change of Extraction Medium. Where the medium of extraction or solvent is changed from the material indicated in the technical report or as required by the manufacturer, the technical report shall be revised at the cost of the facility owner and submitted for review and approval by the fire code official prior to the use of the equipment with the new medium or solvent.

CFC Chapter 49, Section 4902.1 amends the following definition:

Wildland-Urban Interface Fire Area is a geographical area located within any Moderate, High or Very High Fire Severity Zone in accordance with Public Resource Code Sections 4201-4204, and Government Code Sections 51175-51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires in a Moderate or High Fire Severity Zone as identified by the Healdsburg General Plan, as amended from time to time.

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CFC Chapter 49, Section 4906.2 is amended to read as follows:
4906.2 Application.

Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management:

1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:

1.1. Moderate Fire Hazard Severity Zones.

1.2. High Fire Severity Zones.

1.3. Very-high Fire Severity Zones.

2. Land designated as Very-high Fire Hazard Severity Zone by cities and other local agencies.

3. Land designated as Wildland-Urban Interface Fire Areas by cities and other local agencies.

CFC Chapter 49, Section 4907.1 is amended to read as follows:
4907.1 General.

Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270, as amended from time to time.

Buildings and structures within the Very-high Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code 51175-51189 and any local ordinance of the authority having jurisdiction.

Buildings and structures within the Wildland-Urban Interface Fire Area of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in the Government Code Sections 51175- 51189, as amended from time to time, and local standards of the authority having jurisdiction.

CFC Chapter 50, Subsection 5001.5.3 is added to read as follows:
5001.5.3 Electronic reporting.

All hazardous Material Management Plans (HMMP) and Hazardous Material Inventory Statements (HMIS) shall be submitted electronically as approved by the fire code official.

CFC Chapter 50, Subsection 5003.3.1 is amended to read as follows:
5003.3.1 Unauthorized discharges.

Any suspected or actual hazardous material, as defined by this code, including any suspected or actual carcinogen, which escapes into the environment through an unauthorized release shall be reported to the Fire Chief immediately upon discovery, regardless of whether the release occurs

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on or off the site of the permitted facility and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.

CFC Chapter 53, Section 5307.2 exception 1 is deleted.

CFC Chapter 53, Subsection 5307.2.1 is amended to read as follows:
5307.2.1 Gas detection system.

Indoor storage and use areas and storage buildings shall be provided with a gas detection system complying with Section 916.

CFC Chapter 56, Subsection 5608.1.2 is added to read as follows:
5608.1.2 Permit required.

A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to the performance of any firework display. Application for such approval shall be made in writing no less than twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the fire code official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire code official or authorized designee.

CFC Chapter 56, Section 5608.2 is added to read as follows:
5608.2 Prohibition of fireworks.

Possession, storage, offer or expose for sale, sell at retail, gift or give away, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits established by law as the limits of the districts in which such possession, storage, offer or exposure for sale, retail sale, gifting, use, explosion, discharge, or disposal of fireworks is prohibited including State Fire Marshal approved Safe and Sane.

Exception: Those fireworks used as part of a public display conducted by a State licensed Pyrotechnician authorized pursuant to section 5608.1 for which a permit has been issued by the Fire Department.

CFC Chapter 57, Subsection 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited.

Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is prohibited in any area as established by applicable land-use and zoning standards.

CFC Chapter 57, Subsection 5706.2.4.4 is amended to read as follows:

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5706.2.4.4 Locations where above-ground tanks are prohibited.

Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is prohibited in any area as established by applicable land-use and zoning standards.

CFC Chapter 57, Section 5707 is deleted.

CFC Chapter 58, Section 5806.2 is amended to read as follows:
5806.2 Limitations.

Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is prohibited in any area as established by applicable land-use and zoning standards.

CFC Chapter 61, Section 6104.2 is amended to read as follows:
6104.2 Maximum capacity within established limits.

Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons in any area as established by applicable landuse and zoning standards.

Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department and availability of municipal supplied LP-gas.

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

NFPA 13D-22 - Standard for the installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes
NFPA13D, Amended additional Sections as follows:

Revise Section 5.1.1.2 to read as follows:

5.1.1.2 A supply of at least three sprinklers shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

Add Sections 5.1.1.2.1 as follows:

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5.1.1.2.1 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property. The stock sprinklers shall include not less than one sprinkler of all types and ratings installed.

Add Sections 5.1.1.2.2 as follows:

5.1.1.2.2 The sprinklers shall be kept in a mounted and accessible cabinet located where the temperature to which they are subjected will at no time exceed the maximum ceiling temperatures specified in Table 5.1.1.6.1 for each of the sprinklers within the cabinet.

Add Sections 5.1.1.2.3 as follows:

5.1.1.2.3 One sprinkler wrench as specified by the sprinkler manufacture shall be provided in the cabinet for each type of sprinkler installed to be used for the removal and installation of sprinklers in the system.

Revise Section 6.2.1 as follows:

6.2.1 Where a pump is the source of pressure for the water supply for a fire sprinkler system but is not a portion of the domestic water system, the following shall be met:
(1) A test connection shall be provided downstream of the pump that creates a flow of water equal to the smallest sprinkler K-factor on the system. (2) Pump motors using ac power shall be rated for 240 V and wired in accordance with the NEC (NFPA 70).
(3) Any disconnecting means for the pump shall be approved. (4) The pump shall be located not less than 1 ½ inch off the floor. (5) Exterior pumps shall be installed in a well ventilated, weather protected area or shelter.

Revise Section 6.2.2 as follows:

6.2.2 A stand-alone fire sprinkler system is permitted if the following conditions are met:
(a) The pump shall be connected to a 220-volt circuit breaker shared with a common household appliance (e.g., range, oven, dryer), or have a power failure alarm installed acceptable to the Authority Having Jurisdiction that provides an audible and visual signal within the residence at an approved location. The alarm and components shall be listed by an approved agency.

Revise Section 7.6 to read as follows:

7.6 A local waterflow alarm shall be provided on all sprinkler systems on the exterior of the home within 10 feet of the riser location, or as approved by the fire code official.

Revise Section 8.3.4 to read as follows:

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