Healdsburg City Council
January 23, 2023

PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of City Council
City of Healdsburg, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Healdsburg, California (City), as of and for the fiscal year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated January 3, 2023.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses or significant deficiencies. However, material weaknesses or significant deficiencies may exist that have not been identified.

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Packet Pg. 252 Attachment: Management Report FY 21-22 (3869 : Approve Audited Finacial Statements June 30, 2022) 5 Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Very truly yours,
Moss, Levy & Hartzheim, LLP
Culver City, California
January 3, 2023

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Packet Pg. 253 Attachment: Management Report FY 21-22 (3869 : Approve Audited Finacial Statements June 30, 2022) 6 CURRENT YEAR RECOMMENDATIONS
None reported.

STATUS OF PRIOR YEAR RECOMMENDATIONS
None reported.

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Packet Pg. 254 Attachment: Management Report FY 21-22 (3869 : Approve Audited Finacial Statements June 30, 2022)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Cannabis Management Services Contract with HdL Companies PREPARED BY: Andrew Sturmfels, Assistant City Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving a Professional Services Agreement with HdL Companies for the provision of cannabis management services, authorizing the City Manager to execute the agreement and amend the Fiscal Year 2022-23 budget.

COMMUNITY ENGAGEMENT/OUTREACH:

Over the last year, the City has held numerous publicly noticed meetings to discuss commercial cannabis operations. The City also conducted a community survey which included over 600 responses.

BACKGROUND:

The City of Healdsburg currently prohibits all commercial cannabis uses in the community. As required by Proposition 64, the City permits medical and nonmedical cannabis use and cultivation by individuals subject to specific requirements as outlined in Section 20.20.100 of the Healdsburg Municipal Code (HMC). At its November 18, 2021 Work Session, the Council discussed various issues and approaches relating to whether to allow commercial cannabis uses.

At the conclusion of the Work Session, the Council directed staff to conduct a community survey and to report back with the survey’s results as well as with an approach to commercial cannabis based in part on the survey and in part on Council’s direction to move away from a prohibition and to allow and apply limits to commercial cannabis uses.

On May 5, 2022, staff returned to City Council and discussed the results of the community survey. Staff also provided City Council with a proposed approach for commercial cannabis uses and received feedback from the Council on the proposed approach. Staff received direction to continue with the development of a regulatory program for cannabis uses and return with formal land use code amendments.

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On September 6th, Staff presented to Council a draft ordinance and proposed land use code amendments. Council provided direction to staff at that meeting to proceed with the development of an ordinance updating the Healdsburg Land Use Code. On November 8th, staff workshopped the land use code amendments with the Planning Commission. Staff will be bringing the final draft Land Use Code amendments, along with amendments to other chapters of the Healdsburg Municipal Code, to the Planning Commission in February and anticipate bringing the proposed amendments to the City Council in March.

DISCUSSION/ANALYSIS:

Along with the amendments to the Healdsburg Municipal Code, City staff will need to develop an application and internal review process for all cannabis business applications, conduct a fee study to establish the appropriate application fees, develop internal procedures for reviewing cannabis business applications, and develop and administer a robust Request for Proposals (RFP) process, based on City Council direction, to support the selection of the currently proposed two retail cannabis businesses (dispensaries).

To support the development of the necessary application processes, procedures, and RFP review process, staff solicited proposals from six firms who support Cities and Counties developing cannabis programs. The resulting solicitations resulted in conversations with four firms about the City’s needs. The City ultimately received only one proposal, from HdL Companies, to provide Cannabis Management Services to the City.

Feedback received from firms who declined to submit proposals varied. One firm declined to participate because they would only want to conduct a competitive process under land use code amendments that they were directly involved in developing. Another firm stated that their expertise in the field was limited to basic process and application development support and couldn’t support the full scope of services the City desired. A third firm simply declined to follow up. Two additional firms were contacted through their firm websites and never responded to the City’s inquiry.

HdL has partnered with over 175 California Cities and Counties on cannabis-related programs.

HdL also currently provides the City with Sales Tax auditing and analysis services, providing City staff confidence in the firm’s abilities to deliver quality products in highly technical areas.

After receiving the proposal from HdL, staff worked closely with HdL to refine the scope of services to meet the City’s needs. The scope of services attached as Attachment A includes two areas of focus: (1) Highly technical process, fee, and application development support to City staff in standing up the full cannabis program for all business types and (2) Rigorous technical and process support in developing and administering the competitive cannabis dispensary RFP process. A summary of the scope is provided below:

1. Application Process Development and RFP Development
a. HdL, based on Council Policy Direction, and in consultation with City Staff, will support design of the application process for all cannabis businesses and for the dispensary RFP process.

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2. Initial Screening for Completion and Standardizes Scoring of RFP Applicants a. HdL will provide an initial screening of applications for completeness for dispensary RFP applicants.
b. HdL staff will review each application and assess each application based on a rubric and criteria developed in consultation with City staff and Council RFP direction. Applicant scores will be reviewed by HdL management and City Staff.

3. RFP Applicant Interviews
a. HdL will support City staff in conducting an interview panel for all applicants that are deemed complete and receiving a passing score as outlined in the RFP process.
b. HdL will proctor and support the interview process; City staff will serve as panelists and score the interviews.

4. Preparation of a Final Report to support staff recommendation for RFP applicants a. HdL will compile all applicant scores, which will be provided to the City Council to inform the final determination of who shall be granted permits.

5. Pre-License Site visits
a. HdL will support City Staff in conducting site visits of approved dispensary permits prior to issuance of a certificate of occupancy.

6. Cost Recovery Fee Analysis
a. HdL, with City staff support and input, will conduct a fiscal analysis to determine the appropriate application and permitting fees for all cannabis businesses, including cannabis dispensaries participating in the RFP process. Staff will present the fee analysis to Council.
b. Council will need to adopt the proposed fees prior to the City accepting applications.

7. Technical Assistance and Subject Matter Expertise
a. HdL has included in the proposal up to 40 hours of general consulting to be utilized on an as needed basis to support City staff in standing up and administering the dispensary RFP and cannabis business permit processes for other cannabis business license types and any other support needs that arise.

Staff are requesting Council approve the proposed scope of work and authorize the City Manager to execute an agreement with HdL Companies to provide the Cannabis Management Services explained in this report.

It is important to note that while HdL will provide necessary technical expertise and capacity needed to support this process, the criteria behind the selection of dispensary operators is a policy determination that will be made by the City Council. Both staff and the consultant will work to support that process by providing defensible options for council consideration at upcoming meetings.

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Timeline
In addition to the selection of a vendor to support the development of cannabis business applications and the dispensary RFP process, there are several items that need to be completed before the City can conduct the RFP process. Those items include:

1. Planning Commission recommended action to Council to Adopt the Healdsburg Municipal Code Amendments and Ordinance for cannabis business operations (February 2023)

2. City Council approval of first and second readings of the Municipal Code Amendments and Ordinance for cannabis business operations (anticipated March/April 2023)

3. City Council approval of the fee study (anticipated March 2023)

4. City Council direction to staff on RFP criteria for cannabis dispensary selection process (anticipated March 2023)
Upon completing the four items above, City staff would work to finalize and solicit the RFP for cannabis dispensaries. Additionally, staff would begin development of the application and review process for other cannabis business types allowed. The RFP will take several months and could be extended longer depending on how applicants interact with the process. Once the formal process is complete, City staff would return to Council with the final scoring of applicants, with the City Council ultimately awarding the two cannabis retail dispensary licenses.

ENVIRONMENTAL STEWARDSHIP:

Should Council ultimately allow commercial cannabis operations in Healdsburg, there may be limited reductions in greenhouse gas emissions as fewer individuals may travel out of town to neighboring jurisdictions to purchase cannabis from other cities’ dispensaries.

ALTERNATIVES:

Council could decide not to approve the professional services agreement, or request changes in the scope of proposed services. If Council decides not to approve the professional services agreement, staff will request additional direction.

FISCAL IMPACT:

The cost to administer the scope of work provided by HdL will vary based on the number of applicants received. The proposed scope, which was based on 8 applicants and 6 interviews, was valued at $82,000. To accommodate potential additional applicants, City staff are requesting Council approve a budget amendment and authorize the contract with a not to exceed amount of $142,000. This amount would cover the cost of up to 18 applicants and 16 interviews. HdL would only be compensated for the actual number of applicants who apply based on the cost outlined in the scope. Council allocated funds to complete an RFP process within the 2022-23 fiscal year budget. Exhibit A to the resolution includes a budget amendment to true up the initial proposed budget of $40,000 to the actual proposed not to exceed amount of $142,000.

Included in the proposed scope of work is a cost recovery fee analysis. Fee’s will be based on staff costs to administer the program and will include the costs associated with this professional services agreement. All costs related to this agreement, along with staff time, should be

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recovered through the RFP application process.

ENVIRONMENTAL ANALYSIS:

Pursuant to California Environmental Quality Act (“CEQA”) and Title 14, the California Code of Regulations Section 15378(b)(2), the recommended action at this point in time is administrative in nature and does not qualify as a “Project” under CEQA. Therefore, no further CEQA or environmental review is required.

ATTACHMENT(S):

Resolution
Exhibit A
Attachment A: HdL Proposal and Scope of Work

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CITY OF HEALDSBURG
RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH HDL CONSULTANTS, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT,
AND AMENDING THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, the City Council of the City of Healdsburg adopted strategic goals for fiscal Year 2021 included reviewing policy options for the development of a possible ordinance governing commercial cannabis operations in the City of Healdsburg; and WHEREAS, the City conducted a work session on November 18, 2021 to review policy options and provide direction to staff; and
WHEREAS, on May 5, 2022, City Council provided direction to staff to proceed with a proposed approach for the development of a regulatory program for cannabis uses and return with formal land use code amendments; and
WHEREAS, the proposed regulatory program for cannabis businesses includes a limit of two cannabis dispensaries in town, requiring a request for proposals to be solicited for; and WHEREAS, the City of Healdsburg has determined that it requires professional services to support the development and implementation of a cannabis business application and request for proposal process; and
WHEREAS, city staff have determined that HdL Companies is duly qualified and experienced to provide said professional services and it is willing to accept responsibility for performing such services; and
WHEREAS, HdL Companies and City have developed a scope of work for such services that both parties have agreed to and can accomplish; and WHEREAS, the City Council adopted a Fiscal Year 2022-23 budget that included $40,000 to support the development of an Request for Proposal process for retail dispensaries; and WHEREAS, the City wishes to budget an additional $102,000 for the professional services agreement with HdL to support the City in developing the cannabis business program and request for proposal process; and
WHEREAS, the costs of this agreement and to administer the request for proposal will be recovered through a fee placed on cannabis retail dispensaries for the request for proposal costs that will be developed under the scope of this agreement.

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Packet Pg. 260 Attachment: Resolution (3866 : Cannabis Management Service Contract with HdL) Resolution No. -2023

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

1. Approves the budget amendment attached as Exhibit A.

2. Approves a Professional Services Agreement with HdL Companies in the amount of $142,000 and authorizes the City Manager to execute the agreement, along with any minor changes that may be approved by the City Manager and City Attorney.

PASSED, APPROVED AND ADOPTED, this 23rd day of January 2023, 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. 261 Attachment: Resolution (3866 : Cannabis Management Service Contract with HdL) Resolution No.

Exhibit A
Account Number Increase Amount Decrease Amount Description 101‐1000‐37701‐00000 102,000 $ Increase Revenue For Cannabis Application Fees 101‐2001‐43205‐00000 102,000 $ Increase Expense For Cannabis Management Services Contract FY 22‐23 Budget Amendment

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Packet Pg. 262
Attachment: Exhibit A (3866 : Cannabis Management Service Contract with HdL) City of
Healdsburg
Cannabis Management Services
January 9, 2023

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste200
Brea, CA 92821
hdlcompanies.com

CONTACT
Ajay Kolluri
T: 714.879.5000
E: [email protected]

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Packet Pg. 263 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 1 Proposal for Cannabis Management Services
for the City of Healdsburg January 9, 2023

TABLE OF CONTENTS
I. COVER LETTER ....................................................................................................................................... 2 II. PROPOSED SCOPE OF SERVICES ............................................................................................................ 3 III. COST....................................................................................................................................................... 6 IV. OPTIONAL SERVICES .............................................................................................................................. 7 V. EXPERIENCE AND RESOURCES............................................................................................................... 9 VI. REFERENCES......................................................................................................................................... 15

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Packet Pg. 264 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 2 Proposal for Cannabis Management Services
for the City of Healdsburg January 9, 2023
I. COVER LETTER
September 16, 2022
Andrew Sturmfels
Assistant City Manager
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Re: Proposal for Cannabis Management Services
Dear Mr. Sturmfels,
Thank you for the opportunity to submit this proposal for cannabis management services for the City of Healdsburg. The enclosed scope of services provides a comprehensive program to assist the City with implementation of its commercial cannabis program, including design of an application review and selection process, development of application materials and scoring criteria, conducting application reviews, facilitating applicant interviews, pre-license site visits, development of appropriate permit fees, and additional hours of subject matter expertise to be used as needed by the City.

HdL is recognized as the industry leader in the development, implementation and enforcement of cannabis management programs for local governments in California. We have partnered with over 175 California cities and counties on cannabis-related programs, including ordinance development and review, community outreach and education, merit-based application and permitting processes, cost recovery studies, compliance inspections, financial audits, fiscal analyses and law enforcement training.

Our cannabis team has unmatched expertise, with more than 65 years’ combined experience in the development, implementation and enforcement of cannabis regulatory and tax programs.

Our team members have conducted over 18,000 cannabis compliance inspections and financial audits in California, Colorado and Nevada, and have reviewed, scored and processed over 3,500 cannabis business applications in the last six years in California. HdL Companies is dedicated to supporting public agencies and has no private-sector clients in the cannabis industry.

We look forward to the opportunity to partner with the City of Healdsburg in developing a strategy which meets your program needs. If you have any questions or require additional information, please feel free to contact me by email at [email protected] or Ajay Kolluri at [email protected] or by phone at 714.879.5000.

Sincerely,
Andy Nickerson
President, HdL Companies

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Packet Pg. 265 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 3 Proposal for Cannabis Management Services
for the City of Healdsburg January 9, 2023
II. PROPOSED SCOPE OF SERVICES
The City of Healdsburg has been in the process of developing a program to permit, regulate and tax commercial cannabis businesses. The City Council has held numerous discussions and public outreach meetings over the course of the past year and conducted a community survey that generated 604 responses.

Based on input from the public, the City has developed a cannabis tax measure that will be placed before the voters on November 8th and is currently developing amendments to the City’s land use code that would allow for two storefront cannabis retailers as well as an unspecified number of cannabis manufacturers (non-volatile only), distributors and testing facilities.

Commercial cannabis cultivation and non-storefront delivery services would not be allowed.

To assist with implementation of its commercial cannabis program, the City has requested that HdL provide this proposal to assist with all phases of the application process including design of an application review and selection process, development of application materials and scoring criteria, facilitating application reviews and interviews, pre-license site visits, development of appropriate permit fees, and additional hours of subject matter expertise to be used as needed by the City.

These requested services are all described in detail below.

Objective 1: Application Process Development
HdL shall, in collaboration with the City, design an application process that includes review, scoring, ranking, interviews and assistance with final selection of cannabis business permittees.

The process shall be tailored to ensure all applicants meet a quality assurance standard before moving forward to a merit-based interview process for awarding a specified number of permits.

Through the interview process, all applicants will be ranked according to their score. The top-ranked applicants will be recommended to move forward to the permitting process, consistent with the number of permits available.

The process shall include evaluation criteria consistent with state law to ensure that applicants have addressed all requirements before being allowed to move forward to the permitting process. HdL shall work with City staff to develop a process that ensures selection of the best qualified business applicants while following best practices strategies for successful implementation.

HdL will advise the City on development of the process, depending upon the number of permits available and the anticipated number of applicants. HdL shall provide all necessary application forms, as well as procedures, guidelines, indemnifications, background information releases and other required documents and shall ensure that all information desired by the City is incorporated into the cannabis business application form and procedures.

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Packet Pg. 266 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 4 Proposal for Cannabis Management Services
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Objective 2: Initial Screening for Completeness and Application Reviews HdL staff will assist with the initial screening of all applications for completeness based upon an objective checklist of required documentation. This initial screening shall allow for some limited discretion in determining whether submitted documents are substantively complete but shall not otherwise consider the quality of the submissions.

Applications which have been deemed complete will move forward for a full quality assurance review. Applicants must provide detailed information on how they plan to meet the required criteria. An applicant’s point score shall be based on their demonstrated ability to meet or exceed minimum requirements in each category. Scoring shall be in conformance with criteria to be established in consultation with the City.

Reviews may include narrative comments that identify both strengths and weaknesses of each application as well as any deficiencies or areas of concern. Reviews shall be adequately detailed to inform the subsequent interview process but shall not contain any recommendations for approval or denial, other than a numerical score.

Proposed actions described in the applications shall be considered binding conditions of any resulting permit. Failure to meet or comply with any such requirements after a permit has been granted may subject the applicant to penalties and/or revocation proceedings.

Objective 3: Applicant Interviews
HdL will design and facilitate an interview panel for all applicants that receive passing scores in the application process described in Objective 2, above. The interview panel shall consist of three designated City staff selected in consultation between the City and HdL, and shall be assisted by a subject-matter expert from HdL serving as facilitator.

In consultation with the City, HdL will design interview questions, panelist instructions, scoring rubrics, interview procedures and guidelines, and other materials as necessary to conduct the interviews. Interviews shall be one hour long, with a half hour between to allow for reaction, discussion and note taking by the panel. Interviews shall be scheduled for successive days, where possible, with 5 interviews per day. Any requested deviation from HdL’s process as described shall be subject to consultation and may incur an additional cost.

Objective 4: Preparation of Final Report
HdL shall compile all scores from both the application review process and the applicant interviews and shall prepare a final report for the City, which shall inform the final determination of which applicants shall be granted permits.

Objective 5: Pre-License Site Visits
HdL shall review the premises diagram and conduct a site visit of each cannabis business prior to issuance of a certificate of occupancy. Site visits shall complement the final building inspection by verifying all interior and exterior physical site security requirements have been

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Packet Pg. 267 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 5 Proposal for Cannabis Management Services
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addressed in accordance with the application and all State and local requirements. Site visits shall examine all entrances and exits, limited access areas, locks and alarm systems, access control procedures, surveillance camera locations, safes and cash management procedures, signage, operational protocols and administrative privileges associated with the license type(s) being sought, and other requirements as necessary. The HdL inspector may be accompanied on the site inspection by the City’s building inspector or representatives from the Police Department and Fire Department, if desired by the City.

The cost for this service includes an initial premises diagram review and report, coordination and arrangements with the business and other agencies, site visit, post-inspection report, all travel costs and any follow up. This cost assumes 10-days advance notice for scheduling and travel arrangements. A shorter lead time may incur additional travel charges.

Objective 6: Cost Recovery Fee Analysis
HdL will conduct a fiscal analysis to determine appropriate application and permitting fees. The analysis shall consider the costs of all City staff time, overhead, fringe benefits, consultants and any other services associated with each step of the cannabis application and permitting process.

HdL staff has experience developing cannabis regulatory fees and doing a “fit gap” analysis of staff responsibilities and time allotted to this program to establish appropriate fees for the City’s level of oversight and enforcement of the regulatory process.

Objective 7: Technical Assistance and Subject Matter Expertise HdL will provide up to 40 hours of general consulting to be utilized on an as-needed basis at the City’s request. Such assistance may include technical assistance, subject matter expertise, education, meeting attendance, ordinance review, development of website content and FAQ’s, creation of an online portal for application submissions, monitoring of changes to State laws and regulations, participation in conference calls, responding to staff inquires via phone and email, reviewing staff reports to the City Council, assisting with responses to inquiries from applicants or the public, or other issues yet to be determined as requested by the City.

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Packet Pg. 268 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 6 Proposal for Cannabis Management Services
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III. COST
This proposal does not include any additional services that are not specifically enumerated herein. The proposal assumes HdL will not be asked to review any supplemental information provided by applicants, and that HdL will not be a part of any enforcement action, appeal, arbitration, or civil litigation resulting from the findings of an inspection and/or audit. Any such additional reports, documentation or assistance that may be required by the City would be in addition to the costs shown in the table below and shall be billed at HdL’s hourly rate. This includes any time preparing for or participating in an appeal and/or civil litigation process challenging the results of the merit-based application process.

Prices are valid for 90 days from the date of this proposal to allow time for consideration and negotiating a service agreement. Once under contract, prices shall be honored for the first full year, with successive years subject to an annual increase based upon the Consumer Price Index for the Los Angeles-Long Beach-Anaheim region.

Scope of Service Objectives Estimated Cost1
Objective 1: Application Process Development
Up to 40 hours at $250/hr2
$10,000
Objective 2: Initial Screening and Application Reviews
Quality assurance review
$5,000
per application
Objective 3: Applicant Interviews (Standard Process)
City provides interview panel, facilitated by HdL
$1,000
per interview
Objective 4: Preparation of Final Report $2,000
Objective 5: Pre-License Site Visits $2,000
Objective 6: Cost Recovery Fee Analysis
Up to 40 hours at $250/hr2
$10,000
Objective 7: Technical Assistance and Subject Matter Expertise Up to 40 hours at $250/hour2
$10,000
TOTAL NOT TO EXCEED $82,0003
(1) All City costs may be fully recoverable from applicants or permittees (2) Objective will be billed at hourly rate, based upon actual time spent (3) Assumes 8 applications, 6 interviews and 2 pre-license site visits Conflicts of Interest and Non-Disclosure
HdL Companies is dedicated to serving public agencies and has no private-sector clients in the cannabis industry. All cannabis business information will be kept confidential by HdL and will not be shared internally beyond those HdL employees who are required to have access for purposes of conducting the work contemplated herein, or for administrative purposes as necessary.

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Packet Pg. 269 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 7 Proposal for Cannabis Management Services
for the City of Healdsburg January 9, 2023
IV. OPTIONAL SERVICES
Supplemental Background Checks
HdL shall provide background checks of all owners, principals, managers and any other responsible persons associated with cannabis businesses. Our background checks supplement the State-required Live Scan fingerprint check, which will only disclose Department of Justice (DOJ) records regarding arrests or convictions. California’s licensing agencies are only allowed to consider convictions for certain “red line” offenses such as serious or violent felonies, or certain felonies involving fraud, minors or drug trafficking, as automatic disqualifiers before granting or denying a license.

Our supplemental background checks expand upon the Live Scan information to identify other factors that local governments may wish to consider before granting discretionary business permits. These considerations may include other felony offenses, misdemeanor convictions, arrest records, civil judgements, restraining orders, the terrorist screening database, the national sex offender registry, delinquent child support payments, bankruptcies, employment and credit records, and more. Our search includes up to 5 variations on the subject’s name and will alert if additional aliases are found which might warrant further investigation.

Our comprehensive background process checks the subject’s name and social security number against over 200 million databases nationwide, including all of the following1 :
• 7 yr. unlimited county courts and criminal records search • Social Security, name and address comparison
• DMV search
• National Criminal Court report
• National Sex offender registry
• Federal criminal history
• State Department of Public Safety
• State Department of Corrections
• Terror watch list
• Bankruptcy, lien and judgments
• Delinquent child support payments
• Employment credit report
o Financial summary
o Personal information comparison
o Address comparison
o Employment comparison
o Credit bureau report / credit history
o Public records search
1 Renewals and background checks for employees include a lesser level of investigation.

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Packet Pg. 270 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 8 Proposal for Cannabis Management Services
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Any felony convictions that would be automatic disqualifiers pursuant to B&P 26057 (Violent and Serious Felony Convictions) must be confirmed through the Live Scan process. The degree to which other records may be used to inform the approval or renewal of a local business license or permit is subject to local ordinance requirements.

HdL offers separate rates for owners, principals or managers of cannabis businesses and for regular employees or line staff. We also offer a lower rate for annual renewals after the initial background check has been completed. Our rates include an HdL-designed employee identification badge with the city or county logo which meets all State regulatory requirements.

HdL provides an online portal for applicants to submit their application and authorization for background checks and all necessary documentation. Applicants provide their payment directly to HdL through the portal, so there is no cost to the City.

Prices valid as of the date of this proposal and subject to change without notice.

Background Checks Owner, principal
or manager
Employee or
line staff
Initial background check $300 $100
Annual renewal $100 $75
Reissue lost or stolen badge $10 $10

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Packet Pg. 271 Attachment: Attachment A: HdL Proposal and Scope of Work (3866 : Cannabis Management Service Contract with HdL) 9 Proposal for Cannabis Management Services
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V. EXPERIENCE AND RESOURCES
Company Profile
Founded in 1983, HdL is a consortium of three companies established to maximize local government revenues by providing audit, compliance, economic development, consulting services and software products. Its audit and consulting services include sales, use and transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management Program. The firm also provides a variety of enterprise software processing tools for business licensing, code enforcement, animal control, building permits and tracking/billing of false alarms. HdL’s systematic and coordinated approach to revenue management and economic data analysis is currently being utilized by over 500 agencies in six states. The firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.

HdL’s key staff has extensive experience serving local government and many have previously held positions in city management, finance, planning, economic development or revenue collection. HdL is a Corporate Partner of the League of California Cities and California State Association of Counties and works extensively with the County Auditor’s Association of California, California Society of Municipal Finance Officers (CSMFO) and California Municipal Revenue and Tax Association (CMRTA) on anticipation and planning of programs to strengthen local government revenues.

This close understanding of local government needs coupled with extensive databases and advanced methodology provides for the most relevant, productive and responsive revenue recovery; forecasting; and economic services available.

Our team of professionals has over 65 years of direct experience establishing and implementing cannabis regulatory and taxation programs, including establishing land-use regulations, permit processes, staffing plans, and cost recovery fees; structuring cannabis business tax fees; regulatory compliance; financial audits; and law enforcement training. Our team has conducted over 18,000 cannabis compliance inspections and investigations in California, Colorado and Nevada.

Key Personnel
Ajay Kolluri, Director of Operations
Ajay Kolluri is the Director of Operations for HdL’s Cannabis Division. Ajay is responsible for overseeing the cannabis team and the daily operations of the division, including special projects such as application design, community outreach, revenue analysis, cost recovery fee studies, contracts, budgeting, and marketing. Ajay previously served as Program Manager for the Office of Cannabis Oversight (OCO) at City of Long Beach. Working within the City Manager’s Office, Ajay was responsible for the licensing, regulation and enforcement of all commercial cannabis activity in the City, with one of the largest legal cannabis markets in the state. During his tenure with the OCO, Ajay oversaw the issuance over 200 cannabis business licenses, generating over $10 million in annual revenue for the City. Ajay has

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experience in all aspects of cannabis oversight, including public health and education, planning and zoning, building inspections, enforcement, social equity, fee development, economic analysis and revenue projections.

Prior to overseeing the OCO, Ajay worked in public finance, serving as Budget Analyst for the Department of Financial Management in the City of Long Beach. Ajay holds a Bachelor’s degree in business economics from the University of California, Santa Barbara, and a Master’s degree in public policy from the University of Michigan.

Matt Eaton, Deputy Compliance Director
Matt Eaton is the Deputy Compliance Director at HdL and plays a critical role in implementing the Cannabis Compliance Program for local agencies. Prior to joining the firm, he was a progressive law enforcement professional with 30 years’ experience conducting criminal/regulatory investigations, and corporate/individual background investigations.

While working as a Supervisory Investigator at the Colorado Department of Revenue in the Marijuana Enforcement Division (MED), Matt managed criminal investigators and civilian staff in the Denver Metro and Longmont field offices. During his six-year tenure at the MED, he conducted approximately 10,000 criminal investigations and compliance reviews, including regulatory and financial investigations. He is a subject matter expert on track and trace systems and understands the complexity of reviewing data to ensure businesses are in compliance with state and local regulations. Matt was responsible for planning, developing and implementing report and field inspection protocols for the agency. He also played an instrumental role in recommending changes to current regulations and identifying essential language for new legislation in Colorado. Matt is well known for his ability to maintain working relationships with cannabis industry leaders and external stakeholders in resolving issues.

Matt received his Bachelor of Science Degree from Biola University and maintained Police Officer Service Training (POST) certification for over 30 years in California and Colorado. He has also served as an adjunct instructor teaching law enforcement principle related to criminology, correctional processes, procedural law, interviews, interrogations and criminal evidence at AIMS Community College in Greeley, Colorado.

Mark Lovelace, Senior Policy Advisor
Mark Lovelace has 16 years of broad experience in public policy, community engagement and advocacy and is recognized as a leader in advancing the statewide discussion of medical and recreational cannabis as a policy issue in California.

Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where he was instrumental in developing a comprehensive approach to regulating cannabis, including a voter-approved tax on commercial cultivation and an innovative track and trace pilot program. Mark established and co-chaired the Medical Marijuana Working Group for the California State Association of Counties (CSAC) and helped draft CSAC’s legislative platform for cannabis issues. Mark pioneered the first regional summit on cannabis issues in 2015 which helped guide the development of SB 643 and AB 243, two components of the

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Medical Cannabis Regulation and Safety Act (MCRSA).

Mark has worked extensively with public agencies and statewide associations on cannabis issues, including CSAC, Rural County Representatives of California, the Association of California Water Agencies, the North Coast Resource Partnership, California Department of Fish and Wildlife, the State Water Board, the North Coast Regional Water Board, the Bureau of Cannabis Control, State legislators, and others. He has led numerous presentations, workshops and panel discussions on cannabis issues and has been a sought-after speaker on the topic for government agencies, community organizations and industry groups.

Mark received his Bachelor of Science degree in Industrial Design from San Jose State University. Prior to his time on the Board, he worked for many years as a respected advocate on land use, planning, development and environmental issues.

David Ross, Senior Compliance Inspector
David Ross is a Certified Fraud Examiner with 7 years of experience conducting gaming and non-gaming audits and investigations of tribal gaming facilities. David’s experience includes conducting forensic accounting investigations into cash larceny, expense reimbursement fraud, check fraud, credit card fraud, payroll fraud, wire fraud, insider trading, construction fraud in addition to litigation support.

David previously worked as Surveillance Officer and Internal Auditor for the Shingle Springs Tribal Gaming Commission, where he was responsible for analyzing financial statements for a facility with revenues exceeding $20 million per month. David also analyzed internal controls and established policies and procedures to ensure compliance with federal, state and local regulations. In addition, David conducted surveillance reviews and investigations into criminal activity including check and credit card fraud, skimming, money laundering, drug activity and other violations.

David holds a Bachelor’s Degree in Business Administration from Vanguard University in Costa Mesa and a Master’s Degree in Finance from California State University San Bernardino. He is a member of the Association of Certified Fraud Examiners.

Michelle Shaw, Compliance Inspector
Michelle conducts onsite inspections, examinations and other actions to monitor compliance with established standards for local licensed cannabis businesses. Prior to joining HdL, she was a Compliance Specialist Officer at a large, multinational bank where she managed, validated and oversaw the effectiveness and accuracy of numerous compliance issues within the consumer retail space. Throughout her eight years of experience at the bank, she performed assessments of affiliate businesses to determine compliance/non-compliance of their processes and procedures pursuant to bank standards and state regulations.

A graduate of Cypress College, Michelle holds a Foundations of Banking Risk certificate from the Global Association of Risk Professionals and a paralegal certificate from the Southern California College of Business and Law.

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Jeff Burris, Background Investigator / Compliance Inspector Jeff Burris has over 28 years’ experience as a Law Enforcement Professional. Jeff began his career with the Orange County Sheriff’s Office before moving to the Ontario Police Department, where he advanced to Corporal, Police Detective and Sergeant before retiring as a Lieutenant.

Jeff worked various investigative assignments during his career, including both criminal and non-criminal investigations. While working as a Police Detective Jeff conducted personnel background investigations for sworn, non-sworn, administrative, and confidential employees.

These investigations included criminal checks, credit checks, prior employment verification, personal reference verification, driving records, pre-polygraph questioning, neighborhood canvassing, and oral interviews. His assignments also included annual State audits for regulatory compliance.

Jeff received his Bachelor of Science degree in Occupational Management from the California State University in Long Beach. Jeff has completed numerous specialized training courses in investigative techniques, including a course in background investigations by the California Commission on Peace Officer Standards and Training (CA POST), and is a former member of the California Background Investigators Association (CBIA).

Teresa Schneider, Compliance Inspector
Teresa Schneider conducts regulatory compliance inspections for HdL. Teresa served for 28 years with the Montclair Police Department, including 12 years in the Background Investigations Unit. In this capacity, Teresa was responsible for conducting background investigations of all City business license applicants, as well as all sworn and non-sworn positions within the police and fire departments and of civilians requesting access to police department records.

Theresa previously served 4 years in the U.S. Army’s nursing program at Fort Campbell, Kentucky. During this time she attended college at the University of Kentucky and Austin Peay State University. After receiving an Honorable Discharge in 1990, Teresa was hired by the Montclair Police Department. During her 28-year career, she worked numerous assignments, including patrol, K9, detective bureau, court liaison, volunteer coordinator, and red-light automated enforcement. Teresa received many awards throughout her career, including Officer of the Year.

Elizabeth Eumurian, Audit Supervisor
Elizabeth Eumurian is the Audit Supervisor for HdL. Her primary role is to oversee and review the audits conducted by team members to assure accuracy and consistency. She also conducts financial audits, evaluates cannabis applications and conducts background checks.

As part of the audit program, she will be conducting and preparing analytical information through the CATS™ program to prepare Tax Analytical Remittance Reports (TARR) summaries to evaluate under reporting or anomalies in the remittance of tax payments to local

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jurisdictions.

Elizabeth previously worked as a senior auditor in the entertainment industry. In this role, she executed testing procedures for targeted audit programs, analyzed findings and prepared audit and compliance reports. She also has experience working for a large financial institution analyzing data for reporting anomalies and performing internal audits. Elizabeth has recently done work for Blythe, California City, Coachella, Cotati, Desert Hot Springs, Long Beach, Mammoth Lakes, Moreno Valley, Perris, San Bernardino, and Vallejo.

Elizabeth earned her Bachelor of Arts degree in History from California State University and holds a certificate in CannaBusiness from Oaksterdam University.

Pam Davis, Auditor
Pam Davis conducts revenue audits of licensed cannabis businesses as a member of HdL’s Cannabis Management Team. Prior to joining HdL, Pam served as the Director for the Richland County (South Carolina) Business Service Center for over 15 years, where she was responsible for auditing businesses to ensure accurate reporting and remittance of a variety of local taxes. Pam also conducted research and rate impact analyses and developed policies, procedures and user manuals to ensure business and governmental compliance.

Pam received a Master’s of Public Administration degree from the University of Georgia and a Bachelor’s Degree in Political Science from Clemson University. She also holds a certificate in CannaBusiness from Oaksterdam University as well as numerous other certifications, Odette Mikhail, Auditor
Odette Mikhail conducts cannabis revenue audits at HdL. Odette previously worked as a senior auditor at public accounting firms. In this role, she executed testing procedures for audit and review engagements, identified accounting issues, reviewed internal controls, and prepared financial reports and statements. Odette earned her Bachelor of Science degree in Accounting and Business Administration from Ain Shams University in Cairo, Egypt.

Tao Lu, Auditor
Tao Lu works as an Auditor for HdL’s Cannabis Management Team. Tao has two and a half years’ experience as an accountant with an emphasis in information technology and food manufacturing industries. He also has public audit work experience at RSM China. Tao was born and raised in China. He earned a Bachelor’s Degree in Accounting and Finance from Syracuse University in New York before relocating to Southern California with his family.

Valerie Carter, Auditor
Valerie Carter works as an Auditor for HdL’s Cannabis Management Team. Valerie has over 5 years of public sector work experience focusing on public policy, auditing and revenue tax implementation. She was a Tax Auditor II for the City of Oakland’s Revenue Management Bureau and an Assistant Management Analyst for the City of Berkeley’s Transportation

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division. Valerie earned a Bachelor’s Degree in Business Administration from Cal Poly Pomona, with an emphasis on Finance, Real Estate, and Law.

Eric Magana, Auditor
Eric Magana works as an Auditor for HdL’s Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Prior to joining HdL, Eric worked as a Loan Specialist for the U.S. Small Business Administration, where he processed over 5,000 business loans and grant applications. Eric holds a Bachelor’s Degree in Economics and Administrative Studies from University of California at Riverside.

Tonson Chieng, Auditor
Tonson Chieng is an Auditor for HdL’s Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Tonson previously worked as an accountant for Release Point, a business services company in Claremont, California, where he was responsible for generating and reviewing financial reports for in depth analysis along with other accounting and bookkeeping functions. Tonson also brings experience as a staff accountant for the CPA firm of MMB & Co.

Tonson received a Bachelor of Science degree in Accounting from California Polytechnic State University at Pomona in 2020.

Kristi Lervold, Administrative Assistant
Kristi is the Administrative Assistant for cannabis team. In this role she supports individual team members, coordinates internal processes, and assists with client requests, contracts, billing reconciliation and invoicing. Kristi’s 18-year career includes ten years as the administrative assistant to HdL’s CFO, handling various operational responsibilities and supporting financial functions, as well as experience in the occupational health industry, facilitating services for federal, state, and local government clients. Kristi holds a Bachelor’s of Science degree in Business Management with a minor in Business Administration.

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VI. REFERENCES
City of Davis
Elena Adair
Finance Director/Treasurer Finance Department
Phone: 530.757.5651
Email: [email protected]
City of Redwood City
Alex Khojikian
Deputy City Manager
Phone: 650.780.7302
Email: [email protected]

City of American Canyon
Brent Cooper
Community Development Director
Phone: 707.647.4335
Email: [email protected]
City of Union City
Mark Evanoff
Deputy City Manager
Phone: 510.675.5345
Email: [email protected]
City of Modesto
Steve Mitchell
Acting Planning Manager
Phone: 209.577.5287
Email: [email protected]

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Grove Street Neighborhood Plan Implementation (Complete Streets) OBAG 3 Application
PREPARED BY: Ben Kageyama, Senior Civil Engineer
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving the request to the Metropolitan Transportation Commission (MTC) for One Bay Area Grant (OBAG 3) funding in the amount of $2,217,000 for the Grove Street Neighborhood Plan Implementation (Complete Streets).

COMMUNITY ENGAGEMENT/OUTREACH:

The Grove Street Neighborhood Plan provided a conceptual design for Grove Street, from Grant Street to Dry Creek Road, and was adopted by City Council in February 2000. While some recommended improvements have been constructed through recent developments, details of the Plan are incomplete, and the area remains without continuous sidewalk or bike route through this diverse neighborhood. To further inform and develop design elements of the project, a bilingual virtual workshop was held on February 16, 2022, and a questionnaire was conducted to solicit input from the community. Based on the community’s input, planned Grove Street improvements will feature numerous “complete street”/multi-modal elements including: continuous curb, gutter and sidewalk; improved access to two existing bus stops; new street trees to shade walkways; traffic calming strategies to reduce vehicle speeds; improvements to enhance bicycle safety; and drainage features to improve water quality.

BACKGROUND:

Next steps for the implementation of the Neighborhood Plan include the completion of the environmental documents, preparation of final improvement plans, and construction, for which securing a funding source will be necessary. The One Bay Area Grant (OBAG 3) Program is a competitive federally funded grant program which supports the goals of MTC’s long-range Regional Transportation Plan. A wide range of projects are eligible for OBAG 3 funding, addressing categories such as equity, safety, housing, and sustainability. In a recent call for

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projects from the Sonoma County Transportation Agency (SCTA), City staff filed an OBAG 3 application for $2,217,000 for construction funds for the Grove Street Neighborhood Plan Implementation. SCTA will submit the City’s application to MTC along with other recommended applications from agencies within Sonoma County. The MTC commission is expected to approve the project list in January 2023 for funding.

DISCUSSION/ANALYSIS:

MTC has adopted a Regional Project Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of regional discretionary funding and, as part of the application process, requires a resolution of local support adopted by the City. Staff recommends the City Council adopt the required resolution, approving and authorizing the City Manager or designee to submit a One Bay Area Grant (OBAG 3) Program application for the Grove Street Neighborhood Plan Implementation (Complete Streets). The attached Resolution provides the findings as required by MTC for the request of regional discretionary funds. Should the City’s application for OBAG 3 funding be approved, the environmental and design phases can move ahead in 2023, with construction anticipated in 2025.

ENVIRONMENTAL STEWARDSHIP:

The proposed action will have no environmental impacts. If funded and constructed, the Grove Street Neighborhood Plan Implementation (Complete Streets) will support a reduction in vehicle miles traveled, dependence on single-occupancy vehicle trips, and a reduction of vehicle speeds, all of which serve to lower harmful greenhouse gas emissions.

ALTERNATIVES:

The City Council could choose not to adopt the resolution and would thereby rescind the OBAG 3 application for the Grove Street Neighborhood Plan Implementation (Complete Streets). In the event the application is withdrawn, and the project is still desired at a future date, staff would need to identify other sources of funding to construct the project.

FISCAL IMPACT:

If the City is awarded the $2,217,000 OBAG 3 grant from the MTC, the SCTA will award an additional $283,000 from GoSonoma (previously Measure M) funding for a total of $2,500,000 in grant funds. The City included $350,000 of Measure V funding in the adopted Fiscal Year 2022-23 budget as local matching funds for environmental and design work on the project. The adopted Five Year Capital Improvement program identified an additional $350,000 of Measure V funding in Fiscal Year 2024-25 for local match towards the construction of the project, bringing the total anticipated City contribution to $700,000. The City will be responsible for providing any additional funding required to complete the project.

ENVIRONMENTAL ANALYSIS:

The recommended action is general policy and procedure does not constitute a “project” under California Environmental Quality Act (“CEQA”) Guidelines 15378(b)(2). The future construction projects will be subject to environmental review and pending approval pursuant to CEQA guidelines at a future date.

ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE FILING OF AN

APPLICATION FOR FUNDING ASSIGNED TO THE

METROPOLITAN TRANSPORTATION COMMISSION AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND

STATING ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the City of Healdsburg (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $2,217,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Grove Street Neighborhood Plan Implementation (Complete Streets) (herein referred to as PROJECT) for the One Bay Area Grant (OBAG 3) Program (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

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WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

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WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby declares:
1) that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding;
2) that APPLICANT will provide any required matching funds; 3) that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING;
4) that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; 5) that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP;

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6) that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application;
7) that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; 8) that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised;
9) that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104;
10) that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; 11) that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects;
12) that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT;
13) that there is no legal impediment to APPLICANT making applications for the funds; 14) that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; 15) that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; 16) that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
17) that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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PASSED, APPROVED AND ADOPTED, this 23rd day of January 2023, 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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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Appointment to the Sonoma County Continuum of Care Board PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

By motion, appoint Margaret Sluyk to the Sonoma County Continuum of Care Board as the North Sonoma County representative and Stephen Sotomayor as the alternate member to North County seat on the CoC Board.

COMMUNITY ENGAGEMENT/OUTREACH:

The City Council will consider recommending an appointment to the North County seat on the Sonoma County Continuum of Care (CoC) Board during a public meeting in which the public may provide comments on this action. In addition, both the Town of Windsor and the City of Cloverdale will also make recommendations to this regional position, allowing additional opportunities for the public to provide input.

BACKGROUND:

The Sonoma County Continuum of Care (CoC) is the regional body with lead responsibility for addressing homelessness. Its roles include allocating substantial Federal and State funding, setting policy (such as prioritizing who has access to shelter), and selecting the Lead Agency responsible for homelessness services in the County of Sonoma (the organization to manage programs, funding, and data).

The Sonoma County CoC Charter provides for both elected and appointed positions to serve on the CoC Board. Elected members are selected by the membership of the CoC through a vote that took place on December 15, 2022, whereas appointed members are chosen by organizations. One of the appointed positions is a North County representative that is selected by the Cities of Cloverdale and Healdsburg and the Town of Windsor.

In January 2022, the City Councils of Healdsburg, Cloverdale and the Town of Windsor appointed Stephen Sotomayor, the City of Healdsburg’s Housing Director to serve on the CoC

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Board. Director Sotomayor previously served as an at-large member elected from the CoC membership and has served two years on the CoC Board.

The Continuum of Care Board has requested that seats that require appointment have final nominations in to the CoC staff in time for the first meeting of the CoC in January. While appointed board members do not have term-limits, it is recommended that the City Council revisit this appointment on an annual basis.

DISCUSSION/ANALYSIS:

The CoC recently approved a new Charter which includes a permanent seat for the North County of Sonoma, appointed by the Cities of Cloverdale and Healdsburg and the Town of Windsor. The appointment to that seat is to be made jointly by the three City Councils. There are no restrictions on the appointee; it can be a Councilmember, staff person, or member of the community. The cities may also select an alternate member. The full roster of seats for the CoC Board is below:

Membership Positions on the CoC Board
Appointed Santa Rosa
Appointed Petaluma
Appointed North County; appointed by Healdsburg, Cloverdale & Windsor City/Town Councils
Appointed West County; appointed by Sebastopol City Council Appointed Sonoma Valley; appointed by Sonoma City Council Appointed Rohnert Park/Cotati; appointed by City Councils Appointed Board of Supervisors
Appointed County Safety Net Departments
Appointed Largest Homeless Service Provider
Elected Elect by Lived Experience group or CoC Voting Members Elected Elect by Youth Advisory Board or CoC Voting Members Elected Second homeless services provider
Elected Licensed Health Care Organization
Elected Advocate
Elected At Large (2 Membership Positions)
Elected Funder
Currently Stephen Sotomayor, the City of Healdsburg’s Housing Director serves in this position with the Town of Windsor’s former Vice-Mayor, Ester Lemus serving as the alternate. Both have completed a one-year term on the CoC Board, and it is recommended that the City Council consider new appointments to these positions.

During this term, Director Sotomayor was the Co-Chair of the Strategic Planning Committee, which has finalized the Continuum of Care’s Strategic Plan and helped develop several funding policies that will create more opportunities for independent cities to access state and federal

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funding. Director Sotomayor also worked with the Board to help develop a new Governance Charter, the inclusion of a Lived-Experience Advisory Board, and the selection of a new provider to oversee the Coordinated Entry System
The City Managers from the cities of Healdsburg and Cloverdale and the Town of Windsor have met in advance on this matter and recommend the nomination of Margaret Sluyk, The Chief Executive Officer of Reach for Home, for consideration to each of their respective City Councils for a one-year term in this role. Ms. Sluyk already serves on the CoC Board as an elected board member under the Advocate Seat and is currently not up for re-election to this position.

In her capacity as CEO of Reach for Home, an organization with the mission of ending homelessness in Northern Sonoma County, Ms. Sluyk brings a wealth of knowledge and previous experience in working with the North County cities. In addition, her previous experience on the CoC Board positions her to best represent the interests of our region, city, and of those experiencing homelessness in our County.

In addition, Staff is also recommending that the City Council support the nomination of the Stephen Sotomayor to serve as the alternate member for the North County seat on the CoC Board. Alternates are only needed in the event of a proxy vote or an absence of the primary member.

It is important to note that the time commitment expected of CoC Board members is substantial.

The CoC holds meetings monthly that typically take a full afternoon. It also holds occasional special meetings which are general several hours in length. Much of its work is done through committees, each of which meets once or twice a month for several hours. CoC Board members can expect to hear with some frequency from advocates, providers, or others. The topic of homelessness is also highly complex, with a significant learning curve required to be an effective Board member.

At the end of one year, the City Councils may appoint a new member to represent the North County in alignment with annual elections of CoC Board members.

ENVIRONMENTAL STEWARDSHIP:

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

ALTERNATIVES:

The City Council may choose to recommend a different appointee and/or alternate to represent the City/North County on the CoC Board; or decide not to make an appointment.

FISCAL IMPACT:

There is no financial impact associated with this action.

ENVIRONMENTAL ANALYSIS:

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

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ATTACHMENT(S):

Request for Appointment CoC Board

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December 15, 2022
RE: Letter of Interest for Appointment to the Sonoma County Continuum of Care Board of Directors Dear Honorable Mayors and Council Members:

I write to express interest in being appointment to the North County Seat on the Sonoma County Continuum of Care (CoC) Board of Directors representing the area including Cloverdale, Healdsburg, and Windsor. Over the past two years I have served as an elected Advocacy member on the CoC Board. During my time on the board, I have consistently worked to represent the needs of the Northern Sonoma County area. During this time, I have seen system-wide successes and huge strides, but there is more work to be done and I’m respectfully seeking an appointment to the CoC Board.

Over the past two years that I served on the CoC Board I helped with the accomplishment of many milestones that had a significant impact on Northern Sonoma County. I served on the Coordinated Entry Committee, the Homeless Management Information System Committee, Shelter Standards Committee and recently the Funding and Evaluation Committee. Each of these separate committees helped improve various areas of the homeless system of care. In addition, I lead efforts to start the first Sonoma County Service Provider Roundtable, which gives Service Providers a collective voice at the CoC Board on all issues including funding, evaluation, HUD guidelines, Coordinated Entry, salary alignment and other items that we see impacting our ability to house unsheltered individuals.

I have extensive experience in leadership in both corporations and non-profits, strategic planning, data analysis, building consensus and bringing teams of people together for a common goal. As Chief Executive Officer of Reach for Home, I know the challenges we are facing in getting people housed and have a commitment to doing the hard work to overcome these barriers.

We are in an amazing place and time in Sonoma County and specifically Northern Sonoma County with the opening of the L & M Village and new affordable units in both Healdsburg, Cloverdale and potentially Windsor. We CAN reach functional zero if this momentum continues. To make this goal a reality, I will continue to listen to any additional issues or items that need to be addressed and will work towards making sure these concerns are a part of solutions and decisions. Each city is different and has specific strategies and needs and each city is an important and integral piece to solving this complex issue.

Thank you so much for your consideration, I would be honored to serve as the Northern Sonoma County member of the Sonoma County CoC Board.

With Gratitude,
Margaret T. Sluyk
Chief Executive Officer
Reach for Home

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Packet Pg. 290 Attachment: Request for Appointment CoC Board (3867 : Sonoma County CoC Board Nomination)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Authorizing Financial Institution Check Signers and the Investment of Monies in the Local Agency Investment Fund
PREPARED BY: Katie Edgar, Finance Director
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

1. Adopt a Resolution designating authorized financial institution check signers for the City and rescinding Resolution No. 57-2020; and

2. Adopt a Resolution authorizing investment of monies in the Local Agency Investment Fund deposits and authorized officers and rescinding Resolution No. 86-2020.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City of Healdsburg requires all bank checks to have two authorized signatures. For checks $5,000 and under, both signatures can be computer generated, stamped or hand signed. For checks over $5,000, at least one signature must be hand signed and the other signature can be computer generated, stamped or hand signed.

Resolution No. 57-2020 adopted by the Council on June 1, 2020 establishes the City Manager, Administrative Services Director, Police Chief, and Utilities Director, as authorized to make deposits and withdrawals from bank institutions as designated check signers.

Additionally, the City of Healdsburg invests money with the Local Agency Investment Fund which is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer.

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The Council adopted Resolution No. 86-2020 on June 29, 2020 establishing the City Manager, Administrative Services Director, Police Chief, and Utilities Director as authorized to order the deposit and withdrawal of monies in the Local Agency Investment Fund.

DISCUSSION/ANALYSIS:

The Council adopted Resolution No. 108-2022 on August 1, 2022, restructuring several departments, and amending the adopted budget. The action restructured the Administrative Services Department to create a Finance Department and established a Finance Director in place of the Administrative Services Director. Furthermore, on June 19, 2022, the City appointed an Assistant City Manager after keeping the position vacant for several years.

Due to position changes and the reorganization of departments, it is necessary to update the authorized signers to maintain efficient and safe check signing procedures. Staff is proposing to establish the City Manager, Assistant City Manager, Finance Director, and Utilities Director as authorized financial institution check signers. Staff is further proposing to align the positions authorized to invest monies in the Local Agency Investment Fund at this time.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

If Council chooses to not adopt the resolution, the existing resolution will remain in place.

FISCAL IMPACT:

There is no financial impact resulting from 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):

Resolution - Financial Institions
Resolution- Local Agency Investment Fund

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CITY OF HEALDSBURG
RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG DESIGNATING AUTHORIZED FINANCIAL

INSTITUTION CHECK SIGNERS AND RESCINDING
RESOLUTION NO. 57-2020
WHEREAS, the City of Healdsburg requires all bank checks to have two authorized signatures; and
WHEREAS, Resolution No. 57-2020 adopted by the Council on June 1, 2020, establishes the City Manager, Administrative Services Director, Police Chief, and Utilities Director as authorized to make deposits and withdrawals; and
WHEREAS, both signatures for checks $5,000 and under can be computer generated, stamped, or hand signed; and
WHEREAS, at least one signature must be hand signed for checks over $5,000 and the other signature can be computer generated, stamped, or hand signed; and WHEREAS, check signers are responsible for ensuring that checks presented for signature are legitimate and prepared in accordance with City procedures; and WHEREAS, an Assistant City Manager was appointed on June 19, 2022, after several years of holding the position vacant; and
WHEREAS, the Administrative Services Department was reorganized into a Finance Department by Resolution No. 108-2022 adopted by the Council on August 1, 2022; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Authorize the City Manager, Assistant City Manager, Finance Director, and Utilities Director as authorized to make deposits and withdrawals for the City of Healdsburg with bank and financial institutions which are designated as depositories of City funds.

2. Rescind Resolution No. 57-2020 and any other Resolution in conflict thereof.

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Packet Pg. 293 Attachment: Resolution - Financial Institions (3868 : Authorize Check Signers) Resolution No. -2023

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 23rd day of January 2023, 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. 294 Attachment: Resolution - Financial Institions (3868 : Authorize Check Signers)

CITY OF HEALDSBURG
RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING INVESTEMNT OF MONIES

IN THE LOCAL AGENCY INVESTMENT FUND, AND
RESCINDING RESOLUTION NO. 86-2020
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purpose of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interest of the City of Healdsburg; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Authorize the deposit and withdrawal of City of Healdsburg monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

2. The following City of Healdsburg officers holding the titles specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the proposes of this resolution and the transactions contemplated hereby:

Jeff Kay Andrew Sturmfels Katie Edgar Terry Crowley
Name Name Name Name
City Manager Assistant City Manager Finance Director Utilities Director Title Title Title Title
Signature Signature Signature Signature

3. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

4. Rescind Resolution No. 86-2020 and any other Resolution in conflict thereof.

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Packet Pg. 295 Attachment: Resolution- Local Agency Investment Fund (3868 : Authorize Check Signers) Resolution No. -2023

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 23rd day of January 2023, 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. 296 Attachment: Resolution- Local Agency Investment Fund (3868 : Authorize Check Signers)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Approve the Purchase of a Replacement Rotating Assembly for the Centrifuge at the Water Reclamation Facility
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 determining that the repair and replacement of the centrifuge at the Water Reclamation Facility is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301, and authorizing the City Manager to approve the purchase of a replacement rotating assembly for the centrifuge at the Water Reclamation Facility.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City of Healdsburg owns, operates, and maintains the Water Reclamation Facility (WRF) to treat sanitary wastewater generated by the City to tertiary levels prior to discharge to the Russian River or recycling of the treated water. The WRF uses physical and biological processes to treat the wastewater. The biological process utilizes a biomass of bacteria to remove contaminants from the wastewater stream. This biomass grows as the treatment progresses and a portion of it needs to be wasted periodically.

To waste the biomass, a portion of the biomass is removed from the process flow train and then it is disposed at a landfill. To make transport of the wasted biomass as economical as possible, the biomass has water removed from it as much as possible. The equipment used to remove the water from the wasted biomass is a centrifuge, Flottweg Z4E . With the centrifuge, the solids content of the wasted biomass increased from approximately 0.85% to approximately 17% solids content. Once dewatered, the wasted biomass is referred to as biosolids.

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The City generates approximately 2,100 wet tons (17% solids content) of biosolids annually. The removal of biomass from the process is an essential part of the treatment process.

DISCUSSION/ANALYSIS:

The WRF began construction in 2006 and became fully operational in 2008 and many of the original parts and process remain in place today. In 2020, the rotating assembly of the centrifuge was sent to the manufacturer in Kentucky for servicing. At that time, the manufacturer conducted some repairs and strongly advised that the City replace the rotating assembly as soon as possible; the unit is beyond its useful life. The repairs that refurbished the unit in 2020 were indicated as a temporary or “stopgap” measures.

The centrifuge is functioning at this time. However, it has developed unusual noises and vibrations. Staff recommend its repair and replacement as soon as possible. If the centrifuge should fail, there is no redundant unit to continue processing biomass created through the proper treatment of the City’s wastewater. The City would need to engage a contract dewatering service or secure a rental centrifuge at additional expense.

The replacement rotating assembly is not interchangeable from manufacturer to manufacturer.

The replacement rotating assembly must be a Flottweg unit. The City could purchase a refurbished rotating assembly; however, a third-party quoted a refurbished unit at a higher cost than a factor direct replacement unit ($157,000 plus tax and shipping for a refurbished unit versus $150,000 including shipping plus tax for a new unit). Due to the specialized nature of this device and need to match existing components and configurations of the existing plant, this is a sole source purchase.

ENVIRONMENTAL STEWARDSHIP:

Dewatering of biosolids is an essential part of the treatment process at the Water Reclamation Facility, allowing the WRF to treat of wastewater in compliance with current regulations and protect the environment.

ALTERNATIVES:

City Council may elect to not authorize purchase of the new centrifuge rotating element. Should City Council make this election, staff requires direction from council on how to proceed.

FISCAL IMPACT:

Staff have secured costs from Flottweg for the new rotating assembly, including bearings and shipping for $150,000 plus tax, for a total of $163,500. Staff have budgeted for this expense in the Wastewater Operating Fund. No new appropriations are required for this purchase.

ENVIRONMENTAL ANALYSIS:

Purchasing and installing the rotating assembly for the Water Reclamation Facility centrifuge is exempt from the provisions of the California Environmental Quality Act (CEQA pursuant to CEQA Guidelines Section 15301 (exemption for existing facilities) because the recommended action consists of repair of existing public mechanical equipment, involving negligible or no expansion of existing or former use.

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ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG DETERMINING THAT REPAIR AND

REPLACEMENT OF THE WATER RECLAMATION

FACILITY CENTRIFUGE IS EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
PURSUANT TO CEQA GUIDELINES SECTION 15301, AND

AUTHORIZING THE CITY MANAGER TO APPROVE THE

PURCHASE OF A REPLACEMENT ROTATING

ASSEMBLY FOR THE CENTRIFUGE
WHEREAS, the City owns, operates, and maintains the Water Reclamation Facility to provide treatment to the City-generated sanitary wastewater; and WHEREAS, Water Reclamation Facility utilizes physical and biological processes to treat the wastewater; and
WHEREAS, the biological process consists of a biomass that grows and needs to have a portions removed routinely; and
WHEREAS, the removed biomass is dewatered to make the transport for disposal economical; and
WHEREAS, the equipment that removes water from the removed biomass is a centrifuge and is an essential component to the overall treatment process; and WHEREAS, the centrifuge has been in service since 2008 and processes approximately 2,100 wet tons of biosolids annually; and
WHEREAS, during a factory servicing in 2020 the rotating assembly was deemed by the manufacturer as having reached the end of its useful life and returned to the City repaired but with the recommendation for replacement; and
WHEREAS, Staff have noted increasing vibration and noise from the unit since its 2020 servicing; and
WHEREAS, replacement parts for centrifuges are not interchangeable between manufacturers, staff have requested quotations for a replacement rotating assembly from a third-party vendor and the manufacturer; and WHEREAS, Staff received quotations for replacement rotating assemblies from both a third party vendor for a refurbished unit and from the factory for a new unit; and

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Packet Pg. 300 Attachment: Resolution (3876 : Purchase Centrifuge Rotating Assembly) Resolution No. – 2023

WHEREAS, the lower pricing was provided by the factory for the new unit; and WHEREAS, purchasing of material, repair and replacement of the rotating assembly for the Water Reclamation Facility centrifuge is exempt from the provisions of the California Environmental Quality Act (CEQA pursuant to CEQA Guidelines Section 15301 (exemption for existing facilities) because the recommended action consists of repair of existing public mechanical equipment, involving negligible or no expansion of existing or former use.

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

1. Find the repair and replacement of the centrifuge and purchase of parts is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301 (exemption for existing facilities) because the action involves negligible or no expansion of existing or former use.

2. Authorize the City Manager to purchase a new rotating assembly from the manufacturer for the repair of the Water Reclamation Facility centrifuge.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 23rd day of January, 2023, 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. 301 Attachment: Resolution (3876 : Purchase Centrifuge Rotating Assembly)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Agreement with T&R Communications for Police Department Network Re-cabling
PREPARED BY: Adam McKenna, IT Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving and authorizing the City Manager to execute a purchase agreement with T & R Communications, Inc. in the amount of $110,396 for Police Department re-cabling.

COMMUNITY ENGAGEMENT/OUTREACH:

Not Applicable.

BACKGROUND:

The City manages a complex computer network that communicates over networking cable. The Police Department facility has outdated cabling infrastructure that slows or cripples the ability for data to transmit at appropriate speeds. Staff has elected to replace and upgrade this cabling to resolve a number of network issues with network speeds at these sites and prepare them for future technology. Staff has selected T&R Communications, Inc. due to their experience, pricing, and experience with the City’s existing network cabling.

DISCUSSION/ANALYSIS:

This agreement will allow for the replacement and upgrade 142 network cable runs as well as network cabinet clean up and old cabling removal. In addition, this agreement will provide new cabling to modernize technology in our Emergency Operations Center. In establishing this agreement, old slow cabling and the problems that are caused by them will be resolved while also creating faster and consistent network speeds to site staff.

Prior to selecting this proposal and vendor, the City reviewed multiple quotes for pricing. This proposal was selected due to price and the experience this vendor has with our cabling infrastructure.

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Staff intends to execute the agreement with T&R Communications, Inc. through the State of California's Participating Addendum (Participating Addendum No. 3-17-70-2738C) through California Multiple Award Schedules (CMAS) Cooperative Purchasing Program Master Agreement, as permitted by Section 3.24.080.8 of the City of Healdsburg Municipal Code.

Purchasing the equipment through the State's Participating Addendum meets all requirements set forth in the City of Healdsburg's Purchasing Policy and ordinance and all requirements set forth by the State of California in regards to regional, state, and national cooperative purchasing agreements. CMAS has established an approved vendor list following a competitive bid process.

This process confirms the City still receives the lowest available pricing and meets the competitive bid process requirements.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City Council could choose not to authorize the City Manager to sign an agreement with T&R Communications, Inc. In this case, cabling would remain old and outdated preventing full utilization of existing network infrastructure and future technology enhancements.

FISCAL IMPACT:

Staff is recommending the signing of this agreement for a managed structured cabling installation in the amount of $110,396. This agreement will be funded by the previously approved Fiscal Year 2022-24 Adopted Budget that includes funds specifically for the network re-cabling. No additional impact or increase to the budget is expected.

ENVIRONMENTAL ANALYSIS:

Pursuant to Section 15378(b)(5) of the State CEQA Guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment; and is, therefore, not a project for purposes of CEQA.

ATTACHMENT(S):

Resolution
T and R Communications, Inc. - Proposal Quote

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CITY OF HEALDSBURG
RESOLUTION XX - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE CITY MANAGER TO

EXECUTE A PURCHASE AGREEMENT WITH T&R
COMMUNICATIONS INC IN THE AMOUNT OF $110,396
WHEREAS, the City manages a complex computer network that communicates over networking cable; and
WHEREAS, a number of City facilities have outdated cabling infrastructure that slows or cripples the ability for data to transmit at appropriate speeds; and WHEREAS, Staff has selected to replace and upgrade this cabling at the Police Department to resolve a number of network issues with network speeds and prepare them for future technology; and
WHEREAS, Staff has selected T&R Communications, Inc. due to their experience, pricing, and experience with the City’s network cabling; and WHEREAS, this agreement will allow for the replacement and upgrade 142 network cable runs as well as network cabinet clean up and old cabling removal; and WHEREAS, this agreement will provide new cabling to modernize technology in our Emergency Operations Center; and
WHEREAS, in establishing this agreement, old slow cabling and the problems that are caused by them will be resolved while also creating faster and consistent network speeds to site staff; and
WHEREAS, Staff intends to execute the agreement with T&R Communications, Inc. through the State of California's Participating Addendum (Participating Addendum No. 3-17-70- 2738C) through California Multiple Award Schedules (CMAS) Cooperative Purchasing Program Master Agreement, as permitted by Section 3.24.080.8 of the City of Healdsburg Municipal Code; and
WHEREAS, staff is recommending the signing of this agreement for a managed structured cabling installation in the amount of $110,396.

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

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Packet Pg. 304 Attachment: Resolution (3893 : Authorize Agreement with T&R Communications for Police Department Network Re-cabling) Resolution No. xx-2023

1. Finds that authorizing the City Manager to execute a purchase agreement is an administrative activity that will not result in direct or indirect physical change to the environment, and therefore pursuant to CEQA guidelines 15378(b)(5) is not a project for purposes of CEQA.

2. Authorize the City Manager to execute a purchase agreement with T & R Communications, Inc. in the amount of $110,396 for Police Department re-cabling.

PASSED and ADOPTED by the City Council of the City of Healdsburg, this 23th day of January 2023, by the following vote:

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

6.N.a
Packet Pg. 305 Attachment: Resolution (3893 : Authorize Agreement with T&R Communications for Police Department Network Re-cabling) T&R Communications, Inc.
231 Lathrop Way, Suite A
Sacramento, CA 95815
CSLB #936024
Office (916) 286-3300
Fax (916) 570-1181
T&R Communications, Inc. Page #1
12/14/2022
Customer: City of Healdsburg – Adam McKenna
Location: Healdsburg City – Police Department
238 Center Street
Healdsburg, CA 95448
Proposal No.: 120082-063022 R1
Date: December 14, 2022
This design build proposal is an estimate based on the Fire Evacuation plans provided by you and the site walk by Roberto Santos on June 3, 2022. Assumptions have been made to provide a complete installation of the Voice/Data cabling utilizing EIA/TIA installation standards, typical design and typical specifications.

T&R Communications, Inc. (T&R) will provide materials and labor services to install the following:

Scope of work:

Lot Furnish, install, terminate and test Voice/Data/WAP/Camera cables, in various configurations, for a total of (128) plenum CAT 6 cables. Each CAT 6 cable will terminate on a CAT 6 RJ-45 connector at the station end and a CAT 6 panel in the IDFs. This station count assumes the following:
(10) Standard/Voice outlets – (1) CAT 6 cable each
(50) Duplex Data outlet – (2) CAT 6 cables each
(7) WAP outlets – (2) CAT 6 cable each
(11) Camera outlets – (1) CAT 6 cable each
Lot Move (35) currently installed Cat6 cables onto patch panels per new rack elevation.

Lot After-Hours work to support the following work:
- Move network switches and create space for new patch panels. - Migrate user to new cabling.
- Cleanup rack after cutover.

Lot Demo old cabling after cutover/migration.

Project Price: $93,111.00
ADDER - AV scope:

Lot Furnish, install, terminate and test Data/AV cables, in various configurations, for a total of (14) plenum CAT 6 cables. Each CAT 6 cable will terminate on a CAT 6 RJ-45 connector at the station end and a CAT 6 panel in Server Room. This station count assumes the following:
(5) TV Display – (1) CAT 6 cable each
(2) Apple TV unit – (1) CAT 6 cable each
(3) Mobile Cart – (2) Cat6 cables each
(1) iPad - (1) Cat6 cable
(2) HDMI cables
(1) USB cable
AV Portion Price: $17,285.00

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Packet Pg. 306 Attachment: T and R Communications, Inc. - Proposal Quote (3893 : Authorize Agreement with T&R Communications for Police Department T&R Communications, Inc. Page #2
12/14/2022
Project Notes:
• All work to be performed during normal business hours, Monday - Friday. • This proposal does not include the Telephone system, Data equipment or any CCTV equipment. • CMAS contract provides for the purchase and warranty of cable and wire communication equipment.

CMAS#3-17-70-2738C.
• All tax, shipping and handling is included in the project total. • No conduits, cores, sleeves or electrical outlets are included in this proposal.

Terms & Conditions
All Material is guaranteed to be as specified. All Work to be completed in a Professional manner consistent with our industry standards. Any Alteration or deviation from the above Project Scope involving extra cost will be executed only upon Written Orders and will become an Extra Charge over and above this Quotation. Workers’ Compensation insurance covers all T&R Communications, Inc. Employees. If legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which the prevailing party may be entitled. All Material and Workmanship is GUARANTEED for ONE YEAR from completion of the Project.

Customer T&R Communications, Inc.

Signature Signature
Vice President
Title Title
12/14/2022
Date Date
PO/Contract Number

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Packet Pg. 307 Attachment: T and R Communications, Inc. - Proposal Quote (3893 : Authorize Agreement with T&R Communications for Police Department

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Application for FY 2023-2024 Community Development Block Grant CARES Act for the L&M Village
PREPARED BY: Griselda Villarreal, Administrative Analyst II STRATEGIC INITIATIVE(S):

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

Adopt a Resolution authorizing the City Manager to submit an application for the fiscal year 2023-2024 Community Development Block Grant CARES Act for the L&M Village, and authorizing the City Manager to execute the agreement and any other documents necessary to complete the transaction.

COMMUNITY ENGAGEMENT/OUTREACH:

The item will be heard during a Regular City Council meeting wherein a forum for public comment and participation is provided. To date, City staff and the L&M Project Partners have actively engaged in outreach for the greater L&M Village Project and Project Homekey. City Council has held a workshop on local and regional efforts to address homelessness. City staff conducted several community meetings. In conjunction with Reach for Home, the City held multiple joint meetings with businesses, stakeholders, neighbors, and those experiencing homelessness. City staff and Reach for Home will continue to keep open communication with the neighbors of the project and the community at large with quarterly updates and as information is requested or needed.

BACKGROUND:

The City of Healdsburg participates in the Community Development Block Grant (CDBG) program through a Joint Powers Agreement with the County of Sonoma and Sonoma County non-entitlement cities.

On December 7, 2022, the Sonoma County Community Development Commission (CDC) released a Notice of Funding Availability (NOFA) for the Community Development Block Grant CARES Act (CDBG-CV), to be utilized for projects that provide homelessness related

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supportive services including non-congregate shelter and rapid rehousing.

As part of the L&M Village program, staff and Reach for Home routinely seek out new sources of funding to sustain the existing services at the L&M. A key source of funding are the federal grants that are passed through the Sonoma County Community Development Commission to non-entitlement cities. The CDBG-CV program, as a part of this NOFA, is an ideal program to support efforts towards homelessness programs in the City of Healdsburg.

The action requested of Council is to approve a Resolution to apply for CDBG-CV funding as required by the program guidelines.

DISCUSSION/ANALYSIS:

Staff recommends that the City Council adopt a Resolution to approve an application submittal for Community Development Block Grant CARES Act (CDBG-CV) and to authorize the City Manager to execute the agreement and any other documents necessary to complete the transaction.

The CDBG-CV funds must be utilized for projects that provide homelessness related supportive services including non-congregate shelter and rapid rehousing. These funds must be used for activities that prevent, prepare for, or respond to the spread of COVID-19. Homelessness related supportive services meet this requirement, as homeless populations are generally presumed to be a high risk for the spread of COVID-19.

On November 21, 2022, the City, in partnership with Reach for Home and Burbank Housing opened the L&M Village. The L&M Village is the first interim housing program in Northern Sonoma County. It consists of 22 units of interim supportive housing for individuals experiencing chronic homelessness as funded through the State of California’s Project Homekey Program.

As a part of the L&M Village program, City staff and Reach for Home routinely seek additional funding to either sustain or enhance services at the L&M Village with a focus on increasing case-manager-to-client ratios and providing more programs that lead to permanent housing. The CDBG-CV program matches this need.

To apply for the CDBG-CV funding, it is necessary for the City of Healdsburg to adopt a Resolution for the application to be deemed complete. Should the Council approve this item, it is staff’s intent to apply for $500,000 in support of homeless services and programs.

ENVIRONMENTAL STEWARDSHIP:

There is no direct correlation between this Resolution and environmental stewardship.

ALTERNATIVES:

The Council may choose not to approve the Resolution to apply for the CDBG-CV grant funding. Should the Council choose not to approve the Resolution, staff would seek further direction.

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FISCAL IMPACT:

The CDBG-CV grant funds do not have a matching fund requirement; thus, the City of Healdsburg’s General Fund and Operating Funds will not be negatively impacted. The grant funds have strict duplication of benefits requirements to prevent an entity from receiving financial assistance from multiple sources for the same purpose and ensuring that the total assistance is not more than the total need. Additionally, these funds must be used for activities that prevent, prepare for, or respond to the spread of COVID-19. These grant funds would require additional financial monitoring and reporting. Sonoma County CDC staff have indicated that program funding will be available in July of 2023. If awarded, staff will return to Council with a budget amendment to reflect the receipt of funds and spending plan.

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION NO. _______-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR THE FISCAL YEAR 2023-
2024 COMMUNITY DEVELOPMENT BLOCK GRANT CARES

ACT FOR THE L&M VILLAGE, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT AND

ANY OTHER DOCUMENTS NECESSARY TO COMPLETE

THE TRANSACTION
WHEREAS, the City of Healdsburg participates in the Community Development Block Grant (CDBG) program through a Joint Powers Agreement with the County of Sonoma and Sonoma County non-entitlement cities; and
WHEREAS, the Community Development Block Grant Cares Act (CDBG-CV) funds must be utilized for projects that provide homelessness related supportive services including non-congregate shelter and rapid rehousing; and WHEREAS, these funds must be used by activities that prevent, prepare for, or respond to the spread of COVID-19; and
WHEREAS, on November 21, 2022, the City of Healdsburg, in partnership with Reach for Home and Burbank Housing opened the L&M Village, providing 22 units of interim supportive housing in Northern Sonoma County to persons experiencing chronic homelessness; and WHEREAS, the L&M Village provides non-congregate shelter for those that are experiencing homelessness and this activity helps to curb the spread of COVID-19; and WHEREAS, City staff will prepare a grant application for the Fiscal Year 2023-2024 NOFA for CDBG-CV funding for eligible homelessness related supportive services.

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

1. Authorizes the City Manager to submit an application for the FY 2023-24 Community Development Block Grant – CARES Act; and

2. Authorizes the City Manager to execute all applications, agreements, and other documents necessary to secure the CDBG-CV funds.

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Packet Pg. 311 Attachment: Resolution (3874 : L&M Village CDBG-CV Application) Resolution No. -2023

PASSED, APPROVED AND ADOPTED by the City Council of the City of Healdsburg, this 23rd day of January 2023, 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. 312 Attachment: Resolution (3874 : L&M Village CDBG-CV Application)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Amendment of Contract with DRM Builders for Rehabilitation of the L&M Village to Increase the Contract Contingency by 5.5% in the Amount of $73,470
PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):

Expand Affordable Housing Opportunities
Maintain and Improve Infrastructure and Facilities
RECOMMENDED ACTION(S):

Adopt a Resolution increasing the contract contingency for the rehabilitation of the L&M Village, amending the Fiscal Year 2022-2023 budget increasing appropriations to the General Capital Replacement Fund from the L&M Operational Fund, and authorizing the City Manager to take the necessary actions to effectuate this action.

COMMUNITY ENGAGEMENT/OUTREACH:

The budget amendment will be heard during a Regular City Council meeting wherein a forum for public comment and participation is provided. To date, City staff and the L&M Project Partners have actively engaged in outreach for the greater L&M Village Project and Project Homekey. City Council has held a workshop on local and regional efforts to address homelessness. City staff conducted several community meetings. In conjunction with Reach for Home, the City held multiple joint meetings with businesses, stakeholders, neighbors, and those experiencing homelessness. City staff and Reach for Home will continue to keep open communication with the neighbors of the project and the community at large with quarterly updates and as information is requested or needed.

BACKGROUND:

In July of 2020, the State of California launched a $750 million program called “Project Homekey,” with the aim of helping local communities rapidly acquire hotels, motels, commercial buildings, and other creative housing types to rapidly house people experiencing homelessness during the COVID-19 pandemic. Project Homekey resulted in 8,264 individuals housed across 120 unique properties

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Given the success of Project Homekey, the State of California budgeted an additional $1.45 billion for Fiscal Year (FY) 2021-2022. Of the $1.45 billion in Homekey funding, $1.2 billion is derived from the Coronavirus State Fiscal Recovery Fund (CSFRF) established by the American Rescue Plan Act (ARPA) of 2021 and $250 million is State General Fund.

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

On October 26, 2021, the County of Sonoma adopted Resolution 21-0431 which authorized a Project Homekey Round-2 (PHK-2) Supportive Services Funding Framework and Early Capital Match Program and approved $950,000 in Capital Match funding and $3,388,660 in operating subsidy for the L&M Village.

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

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

On February 16, 2022, the City executed a State Standard Agreement with the State of California and on March 23, 2022, the City received the PHK-2 program funds for both capital and operational costs.

On May 3, 2022, the City closed escrow on the L&M Motel and the property is now under City ownership.

On June 21, 2022, the City Council approved a Professional Services Agreement with Burbank Housing Development Corporation for the design and construction of the L&M Village.

In June of 2022, the City of Healdsburg requested an extension for the PHK-2 occupancy deadline to restore the time between the date of award of funding and the time funds were actually received by the City. This extension was approved and extended the City’s occupancy deadline from August 21, 2022, to November 21, 2022 and preserved the City’s ability to receive an early occupancy bonus of $220,000.

On August 1, 2022, the City passed and adopted Resolution 112-2022 awarding the construction contract to DMR Builders of Santa Rosa for the rehabilitation of the L&M Village not to exceed $1,348,776 and approving a 10% contract contingency in the amount of $134,878 for related change orders.

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On November 21, 2022, the City Council approved an increase of 6% for the DMR Builders contract contingency to cover unforeseen costs discovered during the rehabilitation of the L&M Motel for a total project contingency of 16%.

Construction on the L&M Village began in August of 2022 and the L&M Village and operations commenced on November 21, 2022.

DISCUSSION/ANALYSIS:

Staff is recommending that the City Council adopt a resolution to: 1) increase contract contingency for the rehabilitation of the L&M Village; 2) amend the Fiscal Year 2022-2023 budget increasing appropriations to the General Capital Replacement Fund from the L&M operational fund, and 3) authorize the City Manager to take the necessary actions to effectuate this action.

Construction commenced earlier this year on the L&M Village improvements, as required by the PHK-2 agreements and City standards. The major improvements included the installation of fire alerting and suppression systems, ADA accessibility pathways and improvements, the installation of sidewalks and replacement of sewer lines, and the renovation of an existing two-bedroom home into four additional units, among others.

The L&M Motel was built in the early 1940s and improved upon incrementally during the course of its operation and ownership over the past 80 years. As staff and its program partners commenced work on the L&M Village, several unforeseen costs and improvements that are necessary to open the project have nearly exhausted the 16% contingency approved by the City Council.

Staff is requesting that the City Council approve an increase the contract contingency for the rehabilitation of the L&M by $73,470 for a total of a 21.5% contingency.

The increase will cover costs associated with repairs required during the building inspection process in which additional items not included in the scope of the contract were required to be repaired.

In addition, the increase in contingency will cover change-orders associated with the ordering of new materials to offset long-lead times that would result in significant delays, the repairs caused by several roof-leaks that were discovered during the atmospheric river event, and to cover associated costs with modifications required on the fire alerting system.

The initial contract with Burbank Housing to support construction project management totaled $400,000 with an additional $80,0000 contingency. Only $6,530 of the approved $80,000 budget for design contract contingency is anticipated to be used. Staff are proposing utilizing the remaining contingency budget of $73,470 for the contract with DMR builders to support the additional construction contingency costs needs.

It is important to note that staff and its partners have preserved the City’s ability to receive the $220,000 from the State of California by meeting the occupancy deadlines as outlined in the

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Grant. The City of Healdsburg is one of the few Homekey Projects that received the Early Application bonus of $220,000 as well as the occupancy bonus of $220,000. The Occupancy bonus will be applied to operational funding for the L&M Village as required by program guidelines.

ENVIRONMENTAL STEWARDSHIP:

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

ALTERNATIVES:

The City Council may choose not to approve this amendment, in which staff would seek further direction from the City Council.

FISCAL IMPACT:

On August 1, 2022, council approved a construction contract with DMR Builders for a total not to exceed of $1,348,776 and authorized City Manager to execute change orders up to 10% of the contract total or $134,878. On November 21, 2022 the City Council authorized an additional 6% increase in the amount of $80,926. The proposed action would increase the contract contingency amount by another 5.5% and authorize City Manager to execute an additional $73,470 of change orders bringing the total contract value to $1,638,050.

To facilitate the additional construction costs, staff proposes using cost savings from the unused budget for the Burbank Housing Construction Management Professional Services Agreement contingency in the amount of $73,470.

Additionally, unanticipated construction costs including city and county permit fees as well as staff time have been incurred to the project. To accommodate these costs staff propose amending the fiscal year 2022-2023 budget by increasing appropriations for the L&M Village Rehabilitation Project in the General Capital Replacement Fund and authorizing a funding transfer from the L&M Village Operational Fund in the amount of $22,000. The proposed action will not impact other City funds.

The proposed budget amendment is attached to the resolution as Exhibit A.

ENVIRONMENTAL ANALYSIS:

The City’s action to increase the contingency amount of this contract is an administrative activity that does not result in any changes to the environment, and is thus not a Project pursuant to CEQA Guidelines 15378(b)(5).

ATTACHMENT(S):

Resolution
Exhibit A

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CITY OF HEALDSBURG
RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG INCREASING CONTRACT CONTINGENCY
FOR THE REHABILITATION OF THE L&M VILLAGE;
AMENDING THE FISCAL YEAR 2022-23 BUDGET

INCREASING APPROPRIATIONS TO THE L&M VILLAGE

CAPITAL FUND FROM THE L&M VILLAGE

OPERATIONAL FUND, AND AUTHORIZING THE CITY

MANAGER TO TAKE THE NECESSARY ACTIONS TO

EFFECTUATE THIS ACTION
WHEREAS, the City Council adopted the 2022-24 biennial budget; and WHEREAS, the Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, On October 18, 2021, the City Council authorized City staff, in collaboration with Reach for Home (Reach) and Burbank Housing (Burbank), to apply for the FY 2021-2022 Project Homekey program for the acquisition of the L&M Motel, 70 Healdsburg Avenue, Healdsburg, California (APN 002-304-009) (“Property”), for use as interim housing for those experiencing homelessness; and
WHEREAS, On October 27, 2021, the City, Reach and Burbank submitted an application to the State of California for $5,720,000 in Project Homekey capital funding and $1,328,800 in operating subsidy for a total of $7,048,800 in State funds; and WHEREAS, On December 21, 2021, the State of California announced that the City, Reach and Burbank were successful in their application for Project Homekey funding and have been conditionally awarded the requested funding pending the execution of the State’s Standard Agreements; and
WHEREAS, on January 18, 2022, the City Council accepted the Project Homekey Grant funding and authorized the City Manager to enter a contract with the State of California Department of Housing and Community Development (Department) to receive program funding for the L&M Village; and
WHEREAS, on February 7, 2022, the City Council approved the creation of a sub-fund of the General Fund for the L&M Village made up of special revenue (state and local grants) to be spent for the specific purpose of the L&M Village; and

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Packet Pg. 317 Attachment: Resolution (3889 : L&M Village Project Construction Contract Amendment) Resolution No. _____-2023

WHEREAS, on March 23, 2022, the City received funding from the Department for the acquisition and operation of the L&M Village; and
WHEREAS, on May 3, 2022, the City closed escrow on the Property; and WHEREAS, on August 1, 2022, City passed and adopted Resolution No. 112-2022 awarding the construction contract to DMR Builders of Santa Rosa for the rehabilitation of the L&M Village not to exceed $1,348,776, and approving a 10% contract contingency in the amount of $134,878 for related change orders; and
WHEREAS, during the course of construction additional work needed to be performed in excess of the construction contingency for the L&M Village project due to the age of the buildings and unforeseen requirements needed to occupy the site in order to meet the Homekey program deadlines; and
WHEREAS, on November 21, 2022, the City Council approved an increase of 6% for the DMR Builders contract contingency to cover unforeseen costs discovered during the rehabilitation of the L&M increasing the project’s contingency from 10% to 16%; and WHEREAS, during the building inspection process new items were required to be repaired and during the atmospheric river event of 2023, several leaks were discovered, and additional funding is needed to address the damage caused by water, among other repairs; and WHEREAS, the City desires to complete to increase appropriations to the project’s construction contingency to ensure that the 22 units of interim housing for those experiencing chronic homelessness are ready and safe to occupy; and
WHEREAS, staff has identified costs savings in the Burbank Housing Construction Management Professional Services Agreement that can be utilized to cover a portion of the costs associated with this contract contingency increase; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Approves increasing the contract contingency of the DRM Builders contract for rehabilitation of the L&M Village by 5.5% in the amount of $73,470.

2. Approves amending the fiscal year 2022-2023 budget as depicted on the attached Exhibit A.

3. Authorizes the City Manager to take the necessary actions to effectuate this action.

4. Finds that the City’s action to increase the contingency amount of this contract is an administrative activity that does not result in any changes to the environment and is thus not a Project pursuant to CEQA Guidelines 15378(b)(5).

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Packet Pg. 318 Attachment: Resolution (3889 : L&M Village Project Construction Contract Amendment) Resolution No. _____-2023

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 23rd day of January 2023 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. 319 Attachment: Resolution (3889 : L&M Village Project Construction Contract Amendment) Resolution No.

Exhibit B
Account Number Increase Amount Decrease Amount Description 107-8080-42301-00000 $ 22,000 Transfer out from L&M Village Fund to General Capital Replacement Fund 102-1000-39001-00000 $ 22,000 Transfer In to General Capital Replacement Fund from L&M Village Fund 102-2022-43223-00000 $ 22,000 L&M Village Construction Services FY 22-23 Budget Amendment

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Packet Pg. 320 Attachment: Exhibit A (3889 : L&M Village Project Construction Contract Amendment)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Professional Services Agreement with InterWest for Plan Review and Inspection Services
PREPARED BY: David Willoughby, Building Official
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving a Professional Services Agreement with InterWest to provide plan review and inspection services for the city and authorizing the City Manager to execute the Agreement with a not to exceed amount of $250,000.

COMMUNITY ENGAGEMENT/OUTREACH:

Not Applicable, no outreach was performed for this item.

BACKGROUND:

The City engaged the services of InterWest, previously Esgil, in a Professional Services Agreement (PSA), effective September 30, 2016, with a total beginning contract amount of $450,000 to provide Plan Review services for the building division. The original PSA was amended on December 4, 2019, to extend the expiration date to November 30, 2022. This contract cannot be renewed, and a new agreement is required.

The fees used to pay the consultant for Plan Review are obtained directly from the applicant when a building permit application is submitted to the city. InterWest charges the city a portion of the plan review fee collected from the applicant according to their fee schedule (approximately 30% of the collected plan review fee) or an hourly fee based on the attached rate sheet depending on the project. Fees used to pay the consultant for Building Inspection services are obtained directly from the applicant when a building permit is issued.

The city uses consultants for plan review and building inspections to supplement the department plan review and inspection services as needed.

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DISCUSSION/ANALYSIS:

The previous Professional Services Agreement with InterWest has expired and a new PSA is needed. The scope of work for the original and amended InterWest PSA included only Plan Review. Staff would like to expand the scope of services to include Building Inspection Services, providing the city additional capacity to cover inspections when additional help is needed. All Plan Review and Building Inspection 3rd party consultants are extremely busy and do not always have the capacity to provide services on short notice, therefore having multiple available consultants is expedient. In addition to InterWest, the City contracts with Coastland Engineering, Bureau Veritas, and Code Source for plan review and inspection services. InterWest has provided a new proposal for continued services through December 2024.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

Council could choose not to approve the Professional Services Agreement and provide further direction to staff on how to proceed.

FISCAL IMPACT:

The proposed contract will have a not to exceed value of $250,000 and a term of two years.

Actual expenditures will be incurred based on services provided and in accordance with the attached fee schedule. The adopted FY 22-24 budgets for the building department include sufficient appropriations for the proposed plan review and inspection services. The plan review fees collected from the applicant are designed to offset the contract costs.

ENVIRONMENTAL ANALYSIS:

Pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b) (2), continued administrative actions do not qualify as a “Project”. Therefore, no further CEQA or environmental review is required.

ATTACHMENT(S):

Resolution
InterWest Group PSA 2023
Exibit A InterWest Scope of Work 1-23-23

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH INTERWEST, TO PROVIDE PLAN

REVIEW AND INSPECTION SERVICES FOR THE CITY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PROFESSIONAL SERVICES AGREEMENT ON BEHALF OF
THE CITY WITH A NOT TO EXCEED AMOUNT OF $250,000
WHEREAS, the City engaged the services of InterWest, previously Esgil, in a Professional Services Agreement (PSA), effective September 30, 2016, to provide general plan review services in support of the Building Department; and
WHEREAS, the Original PSA was amended on December 4, 2019, during the agreement term, for the purposes of continuing ongoing services by extending the original term expiration date to November 30, 2022; and
WHEREAS, the last agreement has reached its 3-year term and expired; and WHEREAS, due to continued increased workloads and a lack of capacity within the construction and enforcement industries, it is expedient for the City to have multiple contract agencies available to provide plan review and inspection services: and WHEREAS, InterWest has provided a new proposal for continued plan review services and has added inspection services for the Building Division; and WHEREAS, staff is recommending that Council approve the PSA with InterWest for services, which includes plan review and inspection services for a 2-year agreement ending on December 31, 2024, with a not to exceed amount of $250,000, and authorize the City Manager to execute the PSA on behalf of the city; and
WHEREAS, Pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b)(2), continued administrative actions do not qualify as a “Project”. Therefore, no further CEQA or environmental review is required.

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

1. Approves the PSA terms for costs and services, and that it shall expire on December 31, 2024, and sets the not-to-exceed amount of the Professional Services Agreement to $250,000.

2. Authorizes the City Manager to execute the Professional Services Agreement.

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Packet Pg. 323 Attachment: Resolution (3882 : PSA with InterWest) Resolution No. -2023

3. Finds that pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b)(2), continued administrative actions do not qualify as a “Project”. Therefore, no further CEQA or environmental review is required.

PASSED, APPROVED, AND ADOPTED this 23rd day of January 2023 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. 324 Attachment: Resolution (3882 : PSA with InterWest) 412012013
1 CITY OF HEALDSBURG

PROFESSIONAL SERVICES AGREEMENT

AGREEMENT
This Agreement is made and entered into this _____ day of ______________, 2023, by and between the City of Healdsburg, a California Municipal Corporation, 401 Grove Street, Healdsburg, California, 95448, hereinafter referred to as "City," and InterWest Group, hereinafter referred to as "Consultant."

RECITALS
WHEREAS, the City has determined that it requires the following professional services from Consultant: building permit and fire plan review and inspection services; and WHEREAS, Consultant represents and warrants that it is fully qualified to perform such professional services by virtue of specialized experience and training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the legislative body of the City on January 23, 2022, by Resolution No. ____-2023 authorized execution of this Agreement on behalf of the City in accordance with the City Municipal Code and/or other applicable law.

NOW, THEREFORE, City and Consultant, for the consideration hereinafter described, mutually agree as follows:

1. DESCRIPTION OF SERVICES OR SCOPE OF WORK
The services to be performed under this Agreement (the “Services”) are as follows: building permit and fire plan review and inspection services. The Services are further described in Consultant’s proposal (the “Proposal”), which is attached to and made a part of this Agreement as Exhibit A.

2. TERM
The Agreement term will commence on date of execution and expire on December 31, 2024, unless the Agreement term is amended or the Agreement is terminated in accordance with its terms.

3. PAYMENT TERMS AND NOT TO EXCEED AMOUNT
A. City agrees to pay Consultant for Services that are actually performed in accordance with this Agreement. To be eligible for payment, Consultant invoices must be submitted not more often than monthly to City and list the Services performed and the amounts to be paid according to the cost categories and prices in the Proposal. Invoices from Consultant shall be clearly marked with Consultant’s name, project name, an itemized description of services rendered during the period covered by the invoice, and City’s project account number, if applicable. Invoices shall also contain the total number of hours of work performed under the Agreement by the Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder. When the total number of hours of work by Consultant and any individual employee, agent or subcontractor of

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Packet Pg. 325 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
2 Consultant reaches or exceeds 800 hours, a separate notice shall be provided which shall include an estimate of the time necessary to complete the work described in Exhibit A.

B. In no event will City’s obligation to pay the Consultant under this Agreement exceed $250,000, (the “Not to Exceed Amount”), unless this Agreement is first modified in accordance with its terms. Where the Proposal provides for compensation on a time and materials basis, Consultant must maintain adequate records to permit inspection and audit of Consultant's time and material charges under this Agreement. Consultant will make such records available to City during normal business hours upon reasonable notice. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Consultant’s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

4. TIME OF COMPLETION
Consultant must commence performance of the Services upon receipt of written direction to proceed from City. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standards of performance provided in Section 7 below and to satisfy Consultant’s obligations hereunder. Consultant will complete the Services in accordance with this Agreement by December 31, 2024, (the “Time of Completion”). The Time of Completion may only be modified by an amendment of the Agreement in accordance with its terms.

5. INDEPENDENT CONTRACTOR
Consultant and City agree that the Consultant will perform the Services as an independent contractor and not as an employee or agent of the City. Persons employed or utilized by Consultant in the performance of the Services will not be employees or agents of the City. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Consultant and City agree that Consultant will be free to contract for similar service to be performed for other employers while under contract with City. Consultant is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Consultant as to the details of doing the work or to exercise a measure of control over the work means that Consultant will follow the direction of the City as to end results of the work only. Consultant will perform all service from Consultant’s location.

6. SUBCONTRACTING
Consultant may subcontract portions of the Services upon the prior written approval of the City. The Consultant will be solely responsible for payment for such subcontract services. No contractual relationship will exist between any such subcontractors of the Consultant and the City.

7. STANDARD OF PERFORMANCE
A. Consultant will perform the Services in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the

6.Q.b
Packet Pg. 326 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
3 geographical area in which Consultant practices its profession and will prepare all work products required by this Agreement in accordance with those standards. Consultant will comply with all federal, state and local laws and regulations applicable to performance of the Services, including, but not limited to, the California Building Code, the Americans with Disabilities Act, any copyright, patent or trademark law, and any air pollution control law(s) or regulation(s). Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

B. Consultant shall assign only competent personnel to perform services pursuant to this agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from the city of such desire of City, reassign such person or persons.

8. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

9. USE OF RECYCLED PRODUCTS
Consultant shall endeavor to prepare and submit all reports, written studies, and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10. INDEMNITY
To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees.

The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding is extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first.

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Packet Pg. 327 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
4 The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement .

Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code § 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code § 2782, as may be amended from time to time.

Notwithstanding the foregoing, to the extent that the Services include design professional services subject to Cal. Civil Code § 2782.8, as amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by Civil Code § 2782.8.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

11. INSURANCE
a. All required insurance must be provided in the form of “occurrence”-type policies underwritten by admitted insurers in the State of California with a rating of A or better from the current year Best Rating Guide. All policies must be issued at the expense of the Consultant and must be maintained at the Consultant’s expense throughout the performance of the Work. Consultant shall maintain insurance as required by this contract to the fullest amount allowed by law. The City may request a declaration page of the policy.
b. The limits of the Commercial General Liability (including bodily injury, personal injury and property damage) insurance shall be:
$2,000,000 per occurrence
$2,000,000 aggregate
c. If the work to be performed involves vehicles or vehicular equipment, the Automobile insurance limit shall be:
$2,000,000 per accident for bodily injury and property damage Automobile coverage should be at least as broad as Insurance Services Automobile Liability form CA 0001 Code 1 (“any auto”). No endorsement may be attached limiting the coverage.

Anything less than ‘any auto’ coverage must be approved by the Risk Manager prior to

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Packet Pg. 328 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
5 approval. If the Risk Manager accepts anything less than ‘any auto’, additional information such as schedule of covered autos or proof of personal auto liability coverage, may be required by the City.
d. Worker’s Compensation Insurance. Proof of Workers Compensation and Employers Liability insurance as required by any applicable law, regulation or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it.

Worker's compensation insurance must be for Statutory Limits and must cover the full liability of the Consultant. The Consultant’s Employer’s Liability Insurance must be in an amount no less than $1,000,000.00 per occurrence. The workers’ compensation policy must be endorsed with a waiver of subrogation. The insurance company, in its endorsement, must agree to waive all rights of subrogation against the City, its officers, officials, employees, agents and volunteers for losses paid under the terms of such policy. e. Umbrella/Excess Policy. The limits of insurance required under this Contract may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
f. If applicable, the Consultant, at its own cost and expense, must maintain for the period covered by this Agreement professional liability insurance in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering errors and omissions. Any deductible or self-insured retention under the required professional liability insurance may not exceed $150,000 per claim.
g. The City’s Risk Manager may increase or decrease the insurance requirements and limits set forth in those cases in which he/she determines that special circumstances justify such an increase or decrease.
h. Both the General Liability and Auto endorsements must add the City, its officials, officers, employees, agents and volunteers as an additional insured (“Additional Insured”). The Additional Insured coverage under the Consultant’s general liability policy shall be “primary and non-contributory” and Consultant’s coverage will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. i. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the name insured; whichever greater.
j. The Consultant shall provide the City with a 30 day written notice of any reduction or cancellation of such insurance required to be furnished by the Consultant and include a severability of interest clause acceptable to the City and if requested by the City. k. If an Umbrella or Excess Policy is used to satisfy the requirements, an endorsement must be provided from the insurance carrier/broker and that Umbrella/Excess Policy ‘follows form’ or

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Packet Pg. 329 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
6 is ‘continuous’ to the General liability and/ Auto liability policy in addition to the required endorsement.
l. Examples of City approved insurance forms are included in this PSA package. If the Consultant’s insurance carrier chooses to use forms other than the City’s approved forms, such forms shall be subject to the approval of the City. If the Consultant provides policy pages instead of an endorsement the insurance agent/broker will be asked to sign, initial and date all applicable sections of the policy that meet the City’s insurance requirements. m. All self-insured retentions (SIR) must be disclosed to City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City. The City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right exercise later. n. Subcontractors
i. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this contract including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Consultant shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the Contract prior to commencement of any work and Consultant will provide proof of compliance, upon request, to the City. ii. Any Subcontractor hired by the Consultant agrees to be bound to the Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract. Subcontractor further agrees to include the same requirements and provisions of this Contract, including the indemnity and insurance requirements, with any Subcontractor to the extent they apply to the scope of the Subcontractor's work. A copy of the contract indemnity and insurance provisions will be furnished to the Subcontractor upon request

12. NON-DISCRIMINATION
During the performance of this Agreement, Consultant will not discriminate against any employee of the Consultant or applicant for employment because of race, religion, creed, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation.

Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, creed, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation.

13. LICENSES AND PERMITS
A. BUSINESS LICENSE
Before the City will issue a notice to proceed with the Services, to the extent the business license requirements of the Healdsburg Municipal Code apply, Consultant and any subcontractors subject to the requirements must acquire at their sole expense a business license from City in accordance with the Code. Such licenses must be kept valid throughout the Agreement term.

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Packet Pg. 330 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
7 B. OTHER LICENSES AND PERMITS
Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice in their respective professions. Consultant expressly represents and warrants to City that Consultant and its employees, agents, and any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions.

14. OWNERSHIP OF WORK PRODUCTS AND TREATMENT OF DOCUMENTS All plans, specifications, reports, designs and other documents prepared by Consultant pursuant to this Agreement shall be and remain the property of the City. Any modification or reuse of such documents by the City without Consultant's prior written consent will be at the City’s sole risk. Except as may be otherwise required by law, Consultant will disclose no data, plans, specifications, reports or other documents pertaining to the Services without the prior written consent of the City.

15. ALTERNATIVE DISPUTE RESOLUTION
If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

A. Each party shall designate a senior management or executive level representative to negotiate any dispute.

B. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

C. If the issue remains unresolved after ten (10) days of good faith negotiations, the parties shall attempt to resolve the disagreement by negotiation between legal counsel. If the above process fails, the parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

D. The mediation process shall provide for the selection within 15 days of both parties of a disinterested third person as mediator, shall be commenced within 30 day, and shall be concluded within 15 days from the commencement of the mediation.

E. The parties shall equally bear the costs of any third party in any alternative dispute resolution process.

F. The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to, nor shall be construed to, change the time periods for filing claims or action specified by Government Code section 900, et seq.

16. TERMINATION AND REMEDIES
A. City may terminate this Agreement for convenience by giving at least 10 days’ written notice to Consultant specifying the termination effective date. Upon receipt of such notice, Consultant

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Packet Pg. 331 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
8 may continue performance of the Services through the date of termination. City shall pay Consultant for all Services actually performed in accordance with this Agreement through the termination effective date. City, however, may condition payment of such compensation upon Consultant delivering to City any and all documents provided to or prepared by Consultant, and any and all documents provided to or prepared by City for Consultant, in connection with this Agreement. Such material may consist of photographs, computer software, video and audio tapes and other materials.

B. If Consultant materially breaches any term of this Agreement, in addition to any other remedies the City may have at law or equity, the City may:

1. Terminate the Agreement by notice to the Consultant specifying the termination effective date;

2. Retain, and/or recover from the Consultant at no additional cost to the City, the plans, specification, drawings, reports and other design documents and work products prepared by Consultant, whether or not completed;

3. Complete the unfinished Services itself or have the unfinished Services completed, and/or;

4. Charge Consultant, or deduct from monies that may be due or become due the Consultant under this Agreement, the difference between the cost of completing the unfinished Services pursuant to this Agreement and the amount that would otherwise be due Consultant had Consultant completed the Services in accordance with this Agreement.

17. BINDING EFFECT AND ASSIGNMENT PROHIBITION
This Agreement is binding upon City, Consultant, and their successors. Except as otherwise provided herein, neither City nor Consultant may assign, sublet or transfer its interest in this Agreement or any part thereof without the prior written consent of the other, and any purported assignment without such consent will be void.

18. REPRESENTATIVES
A. City representative for purposes of this Agreement will be David Willoughby.

Consultant representative for purposes of this Agreement will be Maria Haro-Sullivan. The parties' designated representative will be the primary contact person regarding the performance of the Services.

The parties intend that their designated representatives will cooperate in all matters regarding this Agreement and in such a manner so as to achieve performance of the Services in a timely and expeditious fashion. Consultant shall not substitute or replace primary representative without approval of the City.

B. Notices:

Any written notice to Consultant shall be sent to:

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Packet Pg. 332 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
9 Maria Haro-Sullivan
InterWest Group
[email protected]
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
Any written notice to City shall be sent to:

David Willoughby, Building Official
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448

19. INTEGRATION AND AMENDMENT
This Agreement represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, whether written or oral. If a discrepancy, disagreement, ambiguity, inconsistency or difference in interpretation of terms arises as to terms or provisions of this Agreement and any Exhibit(s) attached to this Agreement, this Agreement shall control and shall be deemed to reflect the intent of the Parties with respect to the subject matter hereof. This Agreement may only be amended by a writing signed by a representative authorized to bind the Consultant and a representative authorized to bind the City.

20. CONFLICT OF INTEREST PROHIBITION
City and Consultant will comply with the requirements of the City’s Conflict of Interest Code adopted pursuant to the provisions of California Government Code Section 87300 and following, the Political Reform Act (California Government Code Section 81000 and following), the regulations promulgated by the Fair Political Practices Commission (Title 2, Section 18110 and following of the California Code of Regulations), California Government Code Section 1090 and following, and any other ethics laws applicable to the performance of the Services and/or this Agreement. Consultant may be required to file with the City Clerk a completed Form 700 before commencing performance of the Services unless the City Clerk determines that completion of a Form 700 is not required, pursuant to the City’s Conflict of Interest Code. Form 700 forms are available from the City Clerk.

The Consultant may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the Consultant’s obligations pursuant to this Agreement. The Consultant agrees to cooperate fully with the City and to provide any necessary and appropriate information requested by the City or any authorized representative concerning potential conflicts of interest or prohibitions concerning the Consultant’s obligations pursuant to this Agreement.

Consultant may not employ any City official, officer or employee in the performance of the Services, nor may any official, officer or employee of the City have any financial interest in this Agreement that would violate California Government Code Section 1090 and following. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of

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Packet Pg. 333 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
10 this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code Section 1090 and following, the entire Agreement is void and Consultant will not be entitled to any compensation for Consultant’s performance of the Services, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant under this Agreement. Consultant understands that, in addition to the foregoing, penalties for violating Government Code Section 1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by the Consultant of the requirements of this provision will constitute a material breach of this Agreement, and the City reserves all its rights and remedies at law and equity concerning any such violations.

21. APPLICABLE LAW AND VENUE
The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and the interpretation of this Agreement. Any action or proceeding that is initiated or undertaken to enforce or interpret any provision, performance, obligation or covenant set forth in this Agreement shall be brought in a state court in Sonoma County.

22. RECOVERY OF ATTORNEY’S FEES
If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret any term of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

23. SEVERABILITY
If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged will remain in full force and effect.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

24. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

City CONSULTANT
By: ________________________________ By: ______________________________ Jeff Kay, City Manager
By: _______________________________
Katie Edgar, Finance Director

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Packet Pg. 334 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) 412012013
11 ATTEST:

By: ________________________________
Raina Allan, City Clerk
APPROVED AS TO FORM:

By: ________________________________
Samantha W. Zutler, City Attorney
Exhibits: Exhibit A – Consultant’s Proposal

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Packet Pg. 335 Attachment: InterWest Group PSA 2023 (3882 : PSA with InterWest) | 4275 Executive Square | San Diego | CA | 92121
December 20, 2022
David Willoughby – Building Official
Healdsburg
401 Grove Street
Healdsburg, CA 95448
Re: Extension of Professional Services between City of Healdsburg and Interwest Consulting Group
Dear David,
Interwest understands that Cit of Healdsburg is seeking qualified consultants to provide as-needed Professional Services.

EXHIBIT “A” - SCOPE OF SERVICES AND RATE OF COMPENSATION Scope of Services
Consultant shall provide building permit and fire plan review for structure plan review and inspection services for the City of Healdsburg. Consultant services shall include:

1. Building structure plan review (remote) and inspection services.

2. Remote review of permit documents for the proposed building or structure for compliance with the current California Codes. The review will cover one or more disciplines depending on the need of the project: non-structural life safety, structural, mechanical, plumbing, electrical, energy compliance, green building standards, accessibility (CASp), fire, and/or civil/grading.

3. Inspection of the structure during construction for compliance with the approved plans as requested and directed by the Authority.

Compensation

1. Subject to modification or amendment the total compensation for consultative services performed

2. Beginning January 01, 2023 and annually thereafter, the hourly rate listed shall be increase based on the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States Average, All Items (CPI-U) Not Seasonally adjusted, All Urban Consumer, referred to herein as the “CPI” for the City or, if not reported for the City of CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. Increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates shall remain unchanged.

3. Consultant shall be paid in accordance with the Schedule of Fee Schedule:

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Packet Pg. 336 Attachment: Exibit A InterWest Scope of Work 1-23-23 (3882 : PSA with InterWest) Consultant Fees for Services Provided Pursuant to this Agreement will be as Follows:

Plan Review Fee Schedule
Project Valuation
$1.00 to $500.00 $11.00
$500.01 to $2,000.00 $11.00 for the first $500 plus $1.42 for each additional $100; or fraction thereof, to and include $2,000
$2,000.01 to $25,000.00 $32.38 for the first $2,00 plus $6.55 for each additional $1,000; or fraction thereof, to and include $25,000
$25,000.01 to $50,000.00
$183.07 for the first $25,00 plus $4.73 for each
additional $1,000; or fraction thereof, to and include
$50,000
$50,000.01 to $100,000.
$301.37 for the first $50,00 plus $3.28 for each
additional $1,000; or fraction thereof, to and include
$100,000
$100,000.01 to $500,000.00
$465.17 for the first $100,00 plus for $2.62 each
additional $1,000; or fraction thereof, to and include
$500,000
$500,000.01 to $1,000,000.00
$1,513.49 for the first $500,000 plus $2.23 for each
additional $1,000; or fraction thereof, to and include
$1,000,000
$1,000,000.01 and up $2,626.29 for the first $1,000 plus $1.48 for each additional $1,000; or fraction thereof
Consultant Hourly Rates Fee Schedule
* Review of proposed Revision to completed plan reviews and deferred submittals Certified Building Official $150/hr.

Licensed Plan Review Engineer (Structural, Civil, Electrical, Mechanical)
$145/hr.

Licensed Plan Review Engineer - Architect $145/hr.

CASp $130/hr.

ICC Building Plans Examiner $110/hr.

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Packet Pg. 337 Attachment: Exibit A InterWest Scope of Work 1-23-23 (3882 : PSA with InterWest) Fire Protection Engineer $145/hr.

Senior Fire Plans Examiner $130/hr.

Fire Plans Examiner $110/hr.

Permit Tech $75/hr.

Building Inspection Services
Building Inspector III (has more than 3 ICC Inspector certificates) $105/hr.

Building Inspector II (has 2 to 3 ICC Inspector certificates) $95/hr.

Building Inspector I (has 1 ICC Inspector certificate) $85/hr.

CASp Inspector $120/hr.

Fire Inspector $110/hr.

Plan Review Turnaround Schedule
* Provide comments within the following time frames:
* Day 1 = first full business day after receipt of plans and all supporting documents
Type of Job First Comments Second Comments
Single Family/Remodels 5 - 7 business days 5 Business Days Apartments 10 Business Days 5 Business Days
Tenant Improvements 5 - 7 Business Days 5 Business Days Commercial/Industrial 10 - 15 business days 5 Business Days Recheck 5 Business Days 5 Business Days
Plan Changes/Revisions 5 Business Days 5 Business Days
Please note: Interwest is also able to accommodate special project plan review needs, such as fast-track or expedited reviews. We establish specific turnaround goals and procedures with jurisdiction staff for these types of projects.

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Packet Pg. 338 Attachment: Exibit A InterWest Scope of Work 1-23-23 (3882 : PSA with InterWest) Please note:
• Inspection services provided more than regular hours per day, night and weekends will be invoiced 1.5 x the normal rate.
• Onsite inspections: there will be a two-hour minimum fee for each day inspection staff is called out to a job for inspections.
• Inspector mileage shall be charged to and from the Inspector's home reporting location destination based on current IRS rates.

Furthermore, we appreciate the opportunity to (continue) serving the City of Healdsburg. Please contact Maria Haro-Sullivan at 408-316-1392 or [email protected] should you have any questions.

Sincerely,
Paul Meschino
President
[email protected]

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Packet Pg. 339 Attachment: Exibit A InterWest Scope of Work 1-23-23 (3882 : PSA with InterWest)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Reduction of Posted Speed Limit on Chiquita Road between Grove Street and US101
PREPARED BY: Curt Bates, Principal Engineer
STRATEGIC INITIATIVE(S):

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

Introduce for first reading, by title only, waiving further reading of the text, an ordinance amending Chapter 10.50.050 of the Healdsburg Municipal Code, Prima Facie Streets Established by Engineering and Traffic Study.

COMMUNITY ENGAGEMENT/OUTREACH:

Section 22358 of the California Vehicle Code (CVC) requires that appropriate signs be installed on the date the City Council action goes into effect, thereby giving notice of changes to posted speed limits. New speed limit signs and changed condition flags will be placed at speed limit signs that have been reduced, for a period of two weeks, to notify drivers of modified speed limits. Additionally, in accordance with recently updated California Vehicle Code sections, the Healdsburg Police Department shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

BACKGROUND:

On March 15, 2021, the Healdsburg City Council adopted Ordinance No. 1208 amending speed limits set in section 10.50.050 of the Healdsburg Municipal Code. By adopting the updated ordinance, the City Council found that the engineering and traffic surveys dated January 27, 2020, prepared by the City’s traffic engineering consultant, W-Trans, were acceptable to justify speed limits set for thirty-two street segments within Healdsburg. As part of the traffic survey, an increase in speed limits of 5 MPH was identified for the following street segments.

Road Segment Previous Posting
Chiquita Road between US 101 and Grove St. 30
Front Street between Mason St. and Healdsburg Ave. 30

6.R
Packet Pg. 340
Healdsburg Avenue between Exchange Ave. and Front St. 30 New 30 MPH speed limit signs were placed on these street segments in April 2021 after the updated ordinance became effective.

DISCUSSION/ANALYSIS:

On October 8, 2021, the State of California approved Assembly Bill No. 43, amending and adding sections to the California Vehicle Code related to traffic safety. As part of the assembly bill, language was added to the California Vehicle Code to allow local agencies to find, by ordinance, that if an engineering and traffic survey determines that an existing speed limit is still more than is reasonable or safe, the local agency may retain the current speed limit or restore the immediately prior speed limit if certain conditions are met as identified below.

Code section 22358.8 in the California Vehicle Code was added as follows, to read:
(a) If a local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
(b) This section does not authorize a speed limit to be reduced by any more than five miles per hour from the current speed limit nor below the immediately prior speed limit. (c) A local authority shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

On January 3, 2022, the City Council adopted Ordinance No. 1212, authorizing the reduction of the posted speed limit from 30 MPH to 25 MPH on Front Street between Mason Street and Healdsburg Avenue, as well as on Healdsburg Avenue between Exchange Street and Front Street. This ordinance became effective on February 3, 2022, and 25 MPH speed limit signs have been placed on these road segments.

Recent construction along the Chiquita Road street segment including new homes, sidewalk, curb, gutter and on-street parking associated with the Arden Subdivision (formerly Oaks at Foss Creek Subdivision) required that a new engineering and traffic survey be performed prior to reassessing the posted speed limit. The necessary construction work has been completed and a new engineering and traffic survey dated September 15, 2022, was completed for this segment of Chiquita Road. The results of the new survey have established a posted speed limit of 25 MPH.

Additionally, vehicle code section 22358.8 would also allow for this segment of Chiquita Road to be restored to the previous posted speed limit of 25 MPH.

Therefore, based on the above information, and the attached updated engineering and traffic survey, it is recommended that current posted speed limit of 30 MPH be reduced to 25MPH for the below mentioned street segment:

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Decrease:

Road Segment Current Posting Proposed Posting
Chiquita Road between Grove Street and US 101. 30 25
Assembly Bill No. 43 also updated and added other sections to the California Vehicle Code including the following.
- Section 627 regarding pedestrian and bicyclist safety has been modified to state “Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused. This section allows the above considerations to be evaluated and factored into engineering and traffic surveys, as deemed appropriate by the engineer of record.
- Section 22358.9 is added to the vehicle code and allows a local agency, to determine and declare by ordinance 25 MPH or 20 MPH prima facie speed limit in a business activity district if all the following conditions apply:

A. A maximum of four traffic lanes.

B. A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the business activity district, if establishing a 25 miles per hour speed limit.

C. A maximum posted 25 miles per hour prima facie speed limit immediately prior to and after the business activity district, if establishing a 20 miles per hour speed limit; and
At least three of the following four conditions apply:

A. No less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway.

B. Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway.

C. Traffic control signals or stop signs regulating traffic flow on the highway, located at intervals of no more than 600 feet.

D. Marked crosswalks not controlled by a traffic control device. - Section 22358 allows a local agency to determine upon the basis of an engineering and traffic survey and declare speed limits by ordinance, including speed limits of 20 MPH or 15 MPH, may be set if found appropriate to facilitate the orderly movement of traffic and is reasonable and safe. This section will take effect at a date to be determined by the California Department of Transportation.
- Section 22358.6 requires the California Department of Transportation to revise and thereafter maintain the California Manual on Uniform Traffic Control Devices in the next scheduled revision to allow local agencies to round 85th percentile speeds down to the nearest 5 MPH increment in cases where the 85th percentile speed was previously

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required to be rounded up, as well as additionally decrease the speed limit another 5 MPH if the requirements stated in Section 22358.8 above are met, or as stated in the new code section 22358.7 for either reasons A or B noted below, and defined in 1-4 below:

A. The portion of highway has been designated as a safety corridor. A local authority shall not deem more than one-fifth of their streets as safety corridors.

B. The portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused. highest number of serious injuries and fatalities based on collision data that may be derived from, but not limited to, the Statewide Integrated Traffic Records System.

1. As used in this section, “safety corridor” shall be defined by the Department of Transportation in the next revision of the California Manual on Uniform Traffic Control Devices. In making this determination, the department shall consider highways that have the highest number of serious injuries and fatalities based on collision data that may be derived from, but not limited to, the Statewide Integrated Traffic Records System.

2. The Department of Transportation shall, in the next revision of the California Manual on Uniform Traffic Control Devices, determine what constitutes land or facilities that generate high concentrations of bicyclists and pedestrians, as used in paragraph (2) of subdivision (a). In making this determination, the department shall consider density, road use type, and bicycle and pedestrian infrastructure present on a section of highway.

3. A local authority may not lower a speed limit as authorized by this section until June 30, 2024, or until the Judicial Council has developed an online tool for adjudicating infraction violations statewide as specified in Article 7 (commencing with Section 68645) of Chapter 2 of Title 8 of the Government Code, whichever is sooner.

4. A local authority shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

This staff report is intended to provide the City Council a summary overview of the vehicle code amendments per Assembly Bill 43. This information was also provided to the City Council as part of the adoption of ordinance No. 1212 on January 3, 2022. The vehicle code amendments require further analysis and review. City staff intends to perform a detailed technical and legal review of the amendments and monitor the progress of the updates to the manual on uniform traffic control devices by the Department of Transportation. City staff will investigate if the above added and amended vehicle code sections that are not a part of this proposed action apply to the City of Healdsburg and will present a comprehensive update to the City Council for discussion and consideration at a future meeting, the date of which is to be determined.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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ALTERNATIVES:

The City Council may choose to not introduce an ordinance approving the updated traffic and engineering survey for the affected street segment, reducing the speed limit from 30 MPH to 25 MPH.

FISCAL IMPACT:

The proposed action will result in minor expenses to the Streets Fund. The adopted FY 22-23 budget for the Streets Operating Fund has sufficient appropriations to cover the costs associated with the purchase and installation of new speed limit signs as well as the temporary installation of changed conditions ahead signage. The updated engineering and traffic survey provides Police Department staff with supporting documentation in the event a speeding citation is challenged in court.

ENVIRONMENTAL ANALYSIS:

This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060 (c)(2) the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and 15060 (c)(3) the activity is not a project as defined in section 15378 of the CEQA guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, either directly or indirectly.

ATTACHMENT(S):

Ordinance

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CITY OF HEALDSBURG
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG AMENDING SECTION 10.50.050 OF THE

HEALDSBURG MUNICIPAL CODE, PRIMA FACIE STREETS

ESTABLISHED BY ENGINEERING AND TRAFFIC SURVEY
(REGARDING SPEED LIMITS IN THE CITY OF

HEALDSBURG)
The City Council of the City of Healdsburg does herby ordain as follows:

SECTION 1. Findings.

The City Council finds as follows:

A. On October 8, 2021, the State of California approved Assembly Bill 43, which takes effect January 1, 2022, and amends the California Vehicle Code as it relates to speed limits.

B. California Vehicle Code section 40802 requires the use of radar (or any other electronic device that measures the speed of moving objects) for enforcement of declared prima facie speed limits be justified by an engineering and traffic survey conducted no more than seven years, or fourteen years old if an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including but not limited to, changes in adjoining property or land use, roadway width, or traffic volume.

C. California Vehicle Code sections 22357 and 22358 further allow the City to determine and declare prima facie speed limits, by ordinance, that increase or decrease existing prima facie speed limits, provided that the revised prima facie speed limits are determined on the basis of an engineering and traffic survey.

D. Section 22358.8 (a) was added to the California Vehicle Code as part of Assembly Bill 43, and allows the following:
(a) If a local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
(b) This section does not authorize a speed limit to be reduced by any more than five miles per hour from the current speed limit nor below the immediately prior speed limit. (c) A local authority shall issue only warning citations for violations of exceeding the speed

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Packet Pg. 345 Attachment: Ordinance (3873 : Reduction of Posted Speed Limit on Chiquita Road between Grove Street and US101) Ordinance No.

limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

E. On September 15, 2022, W-Trans, a traffic engineering consultant, completed an updated engineering and traffic survey (“Survey”) in accordance with California vehicle code requirements for the following street segment:
- Chiquita Road between Grove Street and US 101
Recent construction along the Chiquita Road street segment including new homes, sidewalk, curb, gutter and on-street parking associated with the Arden Subdivision (formerly Oaks at Foss Creek Subdivision) required that a new engineering and traffic survey be performed prior to reassessing the posted speed limit. The necessary construction work has been completed and a new engineering and traffic survey dated September 15, 2022, was completed for this segment of Chiquita Road. The results of the new survey have established a posted speed limit of 25 MPH.

Additionally, vehicle code section 22358.8 would also allow for this segment of Chiquita Road to be restored to the previous posted speed limit of 25 MPH. Accordingly, the City Council finds that the adjustments to the speed limits as outlined in this Ordinance will facilitate the orderly movement of traffic and be reasonable and safe for the community.

SECTION 2. Amendment of Section 10.50.050 of the Healdsburg Municipal Code.

Section 10.50.050 of the Healdsburg Municipal Code, including its title, is hereby amended to read in its entirety as shown on Exhibit A, attached hereto and incorporated herein by reference.

SECTION 3. Compliance with the California Environmental Quality Act.

For purposes of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), a “project” is defined in State CEQA Guidelines Section 15378 (a) as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. The City Council hereby finds that the action to adopt this ordinance will not result in any change in the environment and thus is not a project subject to the requirements of CEQA. Further, even if the action to adopt this ordinance was deemed to be a project subject to CEQA, the City Council finds the proposed ordinance is exempt from CEQA under the common sense exemption set forth in Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and thus where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability.

The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this ordinance

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Packet Pg. 346 Attachment: Ordinance (3873 : Reduction of Posted Speed Limit on Chiquita Road between Grove Street and US101) Ordinance No.

is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

SECTION 5. Inclusion in the Healdsburg Municipal Code.

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

SECTION 6. Effective Date and Duration.

This Ordinance of the City of Healdsburg shall take effect and be in force 30 days after the date of its passage, but in no event earlier than March 7, 2023.

SECTION 7. Publication.

Within fifteen (15) days of its passage, this Ordinance shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the members of the City Council voting for and against its passage. This Ordinance was introduced at a regular meeting of the Healdsburg City Council on the 23rd day of January 2023, and was adopted at a regular meeting of the Healdsburg City Council on the ___ day of _____, 2023, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAIN: Councilmembers: ( )
SO ORDERED: ATTEST:
________________________________ _________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
Dated: ___________________________

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Packet Pg. 347 Attachment: Ordinance (3873 : Reduction of Posted Speed Limit on Chiquita Road between Grove Street and US101) Ordinance No.

Exhibit A

10.50.050 Prima facie speed limits established by engineering and traffic survey.

In accordance with the California Vehicle Code, the prima facie speed limits for the streets, or portions thereof, designated in this section are hereby designated to be as follows:

Twenty-five miles per hour
Street Name Segment
Center
Chiquita
Fitch
Fitch/Harmon/Hudson
Front
Grant
Healdsburg
Powell to Mill
Grove to US 101
Powell to Matheson
Front to Matheson
Mason to Healdsburg
Grove to University
Exchange to Front
Healdsburg Grant to Mill
Matheson Healdsburg to Fitch
Matheson
Powell
Fitch to Heron
Healdsburg to University
Terrace
University
Healdsburg to University
Powell to Mason
Thirty miles per hour
Street Name Segment
Chiquita
Dry Creek
Grove
Grove
Grove/Vine
City Limits North to US 101
US 101 to Healdsburg
Healdsburg to Dry Creek
Dry Creek to West Grant
West Grant to Mill
Healdsburg Powell to Grant
Healdsburg Exchange to Mill
Healdsburg Bailhache to the east approach of the bridge March Healdsburg to Woodside
Mill East to US 101
Powell
University
University to City Limits East
Terrace to Powell

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Packet Pg. 348 Attachment: Ordinance (3873 : Reduction of Posted Speed Limit on Chiquita Road between Grove Street and US101) Ordinance No.

Thirty-five miles per hour
Street Name Segment
Healdsburg Parkland Farms to Dry Creek
Healdsburg
Kinley
Dry Creek to Powell
Westside to Magnolia Drive South
Parkland Farms Blvd. Healdsburg to Saddle Draw
South Fitch Mountain Heron to City limits east
Forty miles per hour
Street Name Segment
Healdsburg Northern City limits to Parkland Farms
Forty-five miles per hour
Street Name Segment
Healdsburg Southern City limits to Bailhache

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Packet Pg. 349 Attachment: Ordinance (3873 : Reduction of Posted Speed Limit on Chiquita Road between Grove Street and US101)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Special Event and Public Recreation Area Revisions PREPARED BY: Matt Milde, Recreation Supervisor
STRATEGIC INITIATIVE(S):

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

Introduce for first reading, by title only and waiving reading of the text, "An Ordinance of the City Council of the City of Healdsburg" amending code Chapter 8.24 (Public Places and Dwellings, Multi-Use Smoking).

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

During public comment at the Monday, August 1, 2022, City Council meeting, a Healdsburg resident expressed concern about smoking along the perimeter of the Plaza during the Tuesdays in the Plaza concert series. In response, the City Manager directed staff to review Chapter 8.24 (Public Places and Dwellings, Multi-Use Smoking) of the Healdsburg Municipal Code and return to City Council with suggested revisions as they relate to making special events entirely smoke-free. Additionally, the City received a request from Milestone Events Groups to make the entire Villa Chanticleer site a smoke-free zone, including all parking areas. In 2019 City Council amended Chapter 8.24 (Public Smoking), but the action was specific to multi-unit dwellings and hotel and motel rooms. The request did not include amendments to public recreation areas nor the distance one can smoke from these areas.

DISCUSSION/ANALYSIS:

Approximately 41,000 nonsmoking adults die each year from secondhand smoke exposure in the United States. An effective way for a local government to address these issues is to enact a policy prohibiting smoking in public places.

In review of the City’s Municipal code, staff and City Attorney identified several revisions that would need to be made in order to ban smoking at special events and the Villa Chanticleer, along

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with clarifying sections of the code regarding smoking. Proposed revisions to Chapter 8.24 (Public Places and Dwellings, Multi-Use Smoking) of the Healdsburg Municipal Code include:

General update to language to make the Code easier to understand

8.24.020(N) – Defining that Public Recreation Areas include Plaza perimeter sidewalks effectively making the sidewalks smoke-free at all times.

8.24.020(N) – Defining that Public Recreation Areas include the parking lot at Recreation Park.

8.24.020(N) – Defining that Public Recreation Areas include the Villa Chanticleer parking lot area effectively making the entire property (both inside and outside of the facility) smoke-free at all times.

8.24.020(N) – Changing “fenced areas” to “permitted event perimeter” when referencing all special event permits effectively making all permitted special event spaces smoke-free areas.

8.24.040(B)(3) – Clarifying that smoking is prohibited in all public spaces within 20 feet of a public recreation area.

8.24.100 – Clarifying that enforcement on restaurant’s sign posting requirements would shift from County Health to the City as County Health is not the enforcement mechanism.

The attached amendments are supported by Healdsburg Community Services, Police Department, and the Healdsburg Parks and Recreation Commission.

ENVIRONMENTAL STEWARDSHIP:

Secondhand smoke consists of smoke from burning tobacco, cannabis, and other products where a smoker exhales smoke. According to the Centers for Disease Control and Prevention, it is a toxic substance that causes serious health problems for non-smokers. Children exposed to secondhand smoke are more likely to suffer from sudden infant death syndrome, bronchitis and pneumonia, ear infections, and asthma attacks. Adults exposed to secondhand smoke are more likely to develop lung cancer, heart disease, have a stroke, and experience breathing problems.

ALTERNATIVE:
(1) Direct staff to prepare Healdsburg Municipal Code amendments which are different from the proposed smoking policy recommendations.
(2) Take no action to implement the smoking policy recommendations.

FISCAL IMPACT:

There is no major fiscal impact related to the proposed action, if the Ordinance is adopted there is need to dedicate a minimal amount of staff time to conduct outreach and update existing event signage. Staffing and associated costs will be funded from the approved department budget for Community Services.

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ENVIRONMENTAL ANALYSIS:

The proposed smoking prohibition Ordinance is not considered a project per California Environmental Quality Act “CEQA” Guidelines section 15061(b)(3), general rule, which applies to any action that can be seen with certainty that there is no possibility that the project may have a significant effect on the environment; therefore, no environmental review is required.

ATTACHMENT(S):

Request from Milestone
Ordinance_Redline
Ordinance_Clean

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October 22, 2022
Dear Matthew,
Milestone Events Group wishes to make the entire Villa Chanticleer site located at 900 Chanticleer Way, Healdsburg, CA 95448 a smoke-free zone including all parking areas.

Smoking will be prohibited both inside and outside of the facility.

We feel this will enhance the relationship with our neighbors as well as cut down on fire danger.

Sincerely,
Leilani Martin

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Packet Pg. 353 Attachment: Request from Milestone (3724 : Special Event and Public Recreation Area Revisions)

CITY OF HEALDSBURG
ORDINANCE NO. ____

AN ORDINANCE RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AMENDING HEALDSBURG
MUNICIPAL CODE CHAPTER 8.24 (PUBLIC PLACES AND

DWELLINGS, MULTI-UNIT SMOKING), TO AMEND

PUBLIC SMOKING POLICIES FOR SPECIAL EVENTS,

PUBLIC RECREATION AREAS, AND UPDATE PUBLIC

SMOKING ENFORCEMENT POLICY RELATED TO SIGN

POSTING REQUIREMENTS, AND APPROVING A RELATED

CEQA EXEMPTION FOR THE MUNICIPAL CODE
AMENDMENTS.

WHEREAS, City Council received public comment at their Monday, August 1, 2022 meeting with concerns surrounding public smoking along the perimeter of Plaza Park; and WHEREAS, the City Manager directed staff to review Chapter 8.24 (Public Places and Dwellings, Multi-Use Smoking) of the Healdsburg Municipal Code; and WHEREAS, the City received a request from Milestone Events Groups to make the entire Villa Chanticleer site a smoke-free zone, including all parking areas; and WHEREAS, health problems caused by secondhand smoke in adults who do not smoke include coronary heart disease, stroke, and lung cancer, as well as adverse reproductive health effects in women, including low birth weight; and
WHEREAS, Secondhand smoke can cause sudden infant death syndrome (SIDS), respiratory infections, ear infections, and asthma attacks in infants and children; and WHEREAS, smoke-free environments protect children from exposure to secondhand smoke and help keep their lungs healthy
WHEREAS, the amendments are exempt from environmental review under the provisions of CEQA Guidelines section 15061(b)(3), general rule, which applies to any action that can be seen with certainty that there is no possibility that the project may have a significant effect on the environment.

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

SECTION 1. Findings. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Healdsburg.

SECTION 2. Chapter 8.24 of the Healdsburg Municipal Code, is amended as follows:

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Packet Pg. 354 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) Chapter 8.24

PUBLIC PLACES AND DWELLINGS, MULTI-UNIT SMOKING
Sections:

8.24.010 Findings and purpose.

8.24.020 Definitions.

8.24.030 Application of chapter to City-owned vehicles and facilities.

8.24.040 Prohibition of smoking in public places and dwellings, multi-unit.

8.24.050 Regulation of smoking in places of employment.

8.24.060 Nonretaliation.

8.24.070 Smoking in optional areas.

8.24.080 Posting of signs.

8.24.090 Repealed.

8.24.100 Enforcement.

8.24.110 Violations and penalties.

8.24.120 Public education.

8.24.130 Other applicable laws.

8.24.010 Findings and purpose.

A. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution.

B. The United States Environmental Protection Agency has classified environmental tobacco smoke as one of only 12 Class-A carcinogens to which there is no safe level of exposure.

C. Scientific studies assessed by the United States Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least 53,000 nonsmokers annually and is a leading cause of preventable premature death and disability among nonsmokers in the United States.

D. Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the United States Environmental Protection Agency, have shown that breathing sidestream or secondhand tobacco smoke is a significant health hazard to nonsmokers, particularly to children and teens, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function.

E. Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease.

F. Persons, particularly employees and tenants in multi-unit dwellings, have a right to a smoke-free environment.

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Packet Pg. 355 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) G. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same.

H. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the United States.

I. The Surgeon General of the United States has found that nicotine in tobacco products is as addictive as cocaine and heroin.

J. Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.

K. The U.S. Food and Drug Administration has determined that electronic smoking devices, which deliver an inhalable dose of nicotine or other chemicals by vaporized solution, may contain carcinogens and other toxic chemicals such as diethylene glycol that have been found addictive and harmful to public health.

L. The safety of electronic smoking devices, and the health effects of those exposed to vapor emitted by such devices, is unknown because such safety and health effects have not been fully studied.

M. The use of electronic smoking devices in public places and places of employment frustrates efforts to enforce and comply with smoke-free regulations related to tobacco.

N. Secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, exacerbates childhood asthma, and increases the risk of acute chronic, middle ear infections.

Accordingly, the City Council of the City of Healdsburg finds and declares that the purposes of this chapter are:

1. To protect public health, safety and general welfare;

2. To guarantee the right of nonsmokers to breathe air free of tobacco smoke and noxious vapor and to recognize that the need to breathe air free of tobacco smoke and noxious vapor has priority over the desire to smoke tobacco products and electronic smoking devices;

3. To reduce addiction to tobacco products by youth and young adults;

4. To discourage the use of tobacco or other weeds, plants or devices that produce noxious smoke or vapor around persons who do not use such products;

5. To protect the public from exposure to tobacco smoke or noxious vapor and other weeds, plants or devices that produce noxious smoke or vapor and to reduce smoking-related pollution; and

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Packet Pg. 356 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions)

6. Affirming and promoting family atmosphere at City parks and City-sponsored events. (Ord. 1186 § 2, 2019; Ord. 1136 § 1, 2014; Ord. 1040 § 2, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-30.)

8.24.020 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:

A. “Bar” means a separate establishment which is devoted to the serving of alcoholic beverages and in which the serving of food is incidental to the consumption of such beverages, including cocktail lounge or tavern. A bar, cocktail lounge, or tavern which is in the same building as and part of a restaurant is not considered under this definition of a bar, except if physically separated by full walls from the remaining room(s) of the restaurant and in which no person under the age of 18 years is allowed to enter, except to travel to restroom facilities or a nonbar portion of the restaurant.

B. “Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities under which professional services are delivered.

C. “City” means the City of Healdsburg.

D. “Common-area” means any area of a multi-unit dwelling which residents of more than one unit of that multi-unit building are entitled to enter or use, including but not limited to halls, pathways, lobbies, courtyards, elevators, stairwells, community rooms, laundry facilities, picnic areas and other eating areas within the site of a multi-unit dwelling.

E. “Dwellings, multi-unit” means any structure containing two or more dwelling units, with one or more shared walls, floors or ceilings, including but not limited to apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities.

F. “Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, including those employed full-time, part-time, temporarily or contracted for from a third party.

G. “Employer” means any person, partnership, corporation, or nonprofit entity who employs the services of one or more persons, including themselves.

H. “Enclosed” means closed in by a roof and four or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress. If an enclosed area is divided by internal partial walls or other “office landscaping,” it is still, in its entirety, enclosed. This would include but not be limited to lobbies, lounges, waiting areas, elevators, hallways, restrooms, stairwells, common areas (e.g., laundry and recreation rooms within a multi-unit building) that are a structural part of the building.

I. “Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit dwelling that is leased to a residential tenant.

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Packet Pg. 357 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) J. “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are not for private financial gain. A public agency is not a “nonprofit entity” within the meaning of this chapter.

K. “Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a “place of employment” unless it is used as a child care or health care facility.

L. “Private function” means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining where membership or specific invitation is a prerequisite to entry and where such event is not intended for attendance by the public.

M. “Public place” means any enclosed area to which the public is invited or in which the public is permitted.

N. “Public recreation area” means a public park or other public recreation area within the City of Healdsburg including, but not limited to, the following: Badger Park, Barbieri Brothers Park, Byron Gibbs Park, Carson Warner Memorial Skatepark, Chamber of Commerce turf areas, Foss Creek Trail and Pathway, Giorgi Park, Healdsburg Plaza Park, (perimeter(including perimeter sidewalks abutting Plaza Park are not subject to the “smoke-free” designation, except including when a “special event” permit has been issued, as described below), the municipal swimming pool, the museum grounds located at 221 Matheson Street, Railroad Park located on Front Street, Recreation Park, (including the concession stand, and picnic areas, and, but not including the parking lot), West Plaza Park (but not including the parking lot areas at the West Plaza Park), Villa Chanticleer (but not including the parking lot areas at the Villa Chanticleer), and all athletic fields. With respect to Healdsburg Plaza, Wwhen a “special event” permit is issued by the cCommunity sServices Ddepartment for an event to take place in Plaza Park and the event has fenced areas, the “smoke-free” designation shall extend to and include the entire fenced areapermitted event permitter, including closed streets and perimeter sidewalks that are within the fenced area.

O. “Restaurant” means any coffee shop, cafeteria, including private and public school cafeteria, sandwich stand, and any other eating establishment and associated outdoor eating area, which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions, except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in subsection (A) of this section.

P. “Smoking” means inhaling or exhaling from, or burning or carrying, any lighted cigarette, cigar, pipe, cannabis, plant, or other combustible substance whose smoke is intended to be inhaled, or inhaling or exhaling from any electronic smoking device. Smoking includes the use of an electronic cigarette, electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

Q. “Sports arena” means an enclosed sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the

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Packet Pg. 358 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.

R. “Tobacco product” means (1) product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; (3) any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco products do not include products approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

S. “Tobacco retailer” means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

T. “Unit” means a personal dwelling space within a multi-unit building, including but not limited to “dwellings, multi-unit” as defined in this section.

U. “Work area” or “workplace” means any area of a place of employment enclosed by floor-to-ceiling walls in which one or more employees are assigned to perform work for an employer. (Ord. 1186 § 2, 2019; Ord. 1142 § 1 (Exh. A), 2014; Ord. 1136 § 2, 2014; Ord. 1040 § 3, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-31.)

8.24.030 Application of chapter to City-owned vehicles and facilities.

All City-owned vehicles and all enclosed facilities owned or controlled by the City shall be subject to the provisions of this chapter. (Ord. 1186 § 2, 2019; Ord. 1118 § 2, 2012; Ord. 893 § 2, 1994. Code 1964 § 10-32.)

8.24.040 Prohibition of smoking in public places and dwellings, multi-unit.

A. Except as otherwise provided, smoking shall be prohibited in all enclosed public places and multi-unit dwellings within the City of Healdsburg, including, but not limited to, the following places:

1. All areas available to and customarily used by the general public and all areas of business establishments and nonprofit entities generally accessible to the public, including, but not limited to, the public area of retail stores, banks, laundromats, beauty and barbershops, hotels/motels, attorneys’ and other offices.

2. Elevators and stairways.

3. Buses, taxicabs, and other means of public transit that are owned by, or operated under the authority of, the City of Healdsburg, and ticket, boarding, and waiting areas of public transit depots.

4. Public restrooms.

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Packet Pg. 359 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions)

5. Service lines.

6. Retail food marketing establishments, including grocery stores and supermarkets.

7. Bars and restaurants.

8. Public areas of galleries, libraries, and museums when open to the public.

9. Any facility which is primarily used for exhibiting motion pictures, stage productions, lectures, musical recitals or other similar performances, except when smoking is part of such production.

10. Sports arenas and convention halls.

11. Rooms, chambers, or other enclosed areas, including school buildings, where a meeting is being held which is or can be attended by the general public.

12. Waiting rooms, reception areas, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, treatment facilities and doctors’ and dentists’ offices.

13. Child day care facilities as defined in the California Health and Safety Code and private residences while used as family day care homes.

14. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes and other multiple-unit residential facilities.

15. Lobbies, hallways, and other common areas in multiple-unit commercial facilities.

16. Polling places.

17. Dwellings, multi-unit buildings. Where existing multi-unit dwellings currently provide housing to active smokers, a one-year time limit from the date of adoption of the ordinance codified in this chapter to cease such activity shall be implemented and all new units shall comply upon building occupancy.

18. Hotel/motel rooms – 100 percent of all rooms rented.

B. Smoking shall be prohibited in the following outdoor areas:

1. Within 20 feet of entrances, exits, open windows, or ventilation intake systems of any building, other than a “public building” (as defined by Government Code Section 7596(a)), where smoking is prohibited.

2. Multi-unit building common areas, except that a person with legal control over a multi-unit building common area, such as a landlord, property manager or homeowners’ association, may designate a portion of the multi-unit building common area as a smoking area; provided, that distance requirements to entrances, exits, open windows, or ventilation intake systems of a multi-unit building are met and are compliant with the criteria set out in subsection (B)(1) of this section.

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Packet Pg. 360 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions)

3. Any public recreation area, as defined by HMC 8.24.020(N), including the all publicarea spaces that is within 20 feet of a designated entrance or exit to thea public recreation area and to be consistent with the definition for “Public recreation area” as described in HMC

8.24.020(N).

4. Stairways of public buildings or buildings where members of the public are invited.

5. Any event at which a special event permit is issued by the City’s parks and recreation department, such as farmer’s markets, street fairs, street dances, etc.

6. Seating provided by restaurants and bars.

C. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.

D. No person shall dispose of any tobacco product, or any tobacco litter or waste, including without limitation cigarette or cigar butts, in any public recreation area or at any City-sponsored event, such as farmer’s markets, street fairs, street dances, etc. (Ord. 1186 § 2, 2019; Ord. 1118 § 2, 2012; Ord. 1040 §§ 4, 5, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-33.)

8.24.050 Regulation of smoking in places of employment.

A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

B. Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs and stairways, restrooms, vehicles, and all other enclosed facilities.

C. All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994.

Code 1964 § 10-34.)

8.24.060 Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free workplace afforded by this chapter. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994.

Code 1964 § 10-35.)

8.24.070 Smoking in optional areas.

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private detached single-family residences, except when used as a child care or health care facility.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire

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Packet Pg. 361 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) establishment as a nonsmoking establishment. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964 § 10-36.)

8.24.080 Posting of signs.

A. “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye level, or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place. Signs which have been removed shall be replaced within five working days.

B. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

C. Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that they are 100 percent smoke free.

D. Multi-Unit Dwellings. The person or persons with legal control over common areas shall post clear and unambiguous “No Smoking” signs in locations in common areas where smoking is prohibited by this chapter. In addition, the person or persons with legal control over the multi-unit residence shall post signs in locations in the multi-unit building to indicate that smoking is prohibited in all units. The person or persons with legal control over the common areas shall maintain such signs. The “No Smoking” signs are not required inside or on doorways of units, except for hotels or motels which meet the criteria listed in California Civil Code Section 1940, subdivision (b)(2). (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964 § 10-37.)

8.24.090 Regulating the manner of sale of tobacco products.

Repealed by Ord. 1142. (Ord. 1118 § 2, 2012; Ord. 893 § 2, 1994. Code 1964 § 10-38.)

8.24.100 Enforcement.

A. Enforcement of this chapter shall be implemented by the City of Healdsburg.

BA. Any citizen, employee or business patron person who desires to register a complaint under this chapter may initiate enforcement with the City of Healdsburgdo so with the Office of the City Manager or Police Department.

CB. County health inspectors, on their regular restaurant inspections, shall check for compliance with sign-posting requirements.

DC. The City shall provide Nnotice of these regulations shall be given to all applicants for a business license.

ED. The owner, operator, or manager of a business shall not be responsible for violations of this chapter within his or her premises by patrons or citizensvisitors; provided, that such patrons or citizens visitor hasve been adequately informed that their actions may be in violation of the law. Any owner, operator or manager of a business shall have adequately informed patrons or citizens visitors if he or she has posted signage on the premises in accordance with this chapter.

This limitation shall not apply to employees of such businesses.

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Packet Pg. 362 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) FE. Every lease or other rental agreement for the occupancy of a multi-unit dwelling entered into, renewed, or continued month to month as of the effective date of the ordinance codified in this chapter shall include smoking prohibition language. (Ord. 1186 § 2, 2019; Ord. 1136 § 3, 2014; Ord. 893 § 2, 1994. Code 1964 § 10-39.)

8.24.110 Violations and penalties.

A. It shall be unlawful for any person to smoke in any area where such action is restricted by this chapter.

B. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to comply with its provisions, with the exception noted in 8.24.100(D) herein.

C. Any person who violates any provision of this chapter shall be guilty of an infraction and subject to a fine not to exceed $100.00 for a first violation, and a fine not to exceed $200.00 for a second violation within 12 months. A third, and any subsequent, violation of any provision of this chapter within 12 months may be punished as a misdemeanor. As an alternative to the monetary fine described herein, any person who violates any provision of this chapter may be ordered by a court of competent jurisdiction to perform community serviceViolations of this Chapter are subject to any remedy established by law, including but not limited to those set forth in Healdsburg Municipal Code Title 4 (Code Enforcement Authority and Powers).

D. Smoking in an area where smoking is prohibited by this chapter constitutes a public nuisance., for For the purpose of Healdsburgthis chapter, nonconsensual exposure to smoke is a nuisance, and the uninvited presence of smoke on property is constitutes a nuisance and may be abated as such, including the application of any of the enforcement remedies provided in Chapter

1.12 HMC. Further, any private person(s) who is/are aggrieved by a violation of this chapter may bring a civil action for damages or for injunctive relief in accordance with applicable laws governing such civil actions. The remedies provided by this chapter are cumulative and are in addition to any other remedy or remedies available at law or in equity.

E. Nothing in this chapter is intended to be more permissive than the prohibitions on smoking set forth in Chapters 12.28 and 12.36 HMC, or any other City ordinances which regulate or prohibit smoking. In the event of any conflict between this chapter and any state law or other City ordinance that regulates or prohibits smoking, the more restrictive provisions shall be deemed to be applicable. (Ord. 1186 § 2, 2019; Ord. 1040 § 6, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-40.)

8.24.120 Public education.

The City Manager or his/her designee shall be available to explain and clarify the purposes and requirements of this chapter to citizens those affected by it upon request, and to guide owners, operators and managers in their compliance with it. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994.

Code 1964 § 10-41.)

8.24.130 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964

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Packet Pg. 363 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions) SECTION 3. Environmental Compliance. The proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which applies to any action that can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The proposed amendments will not allow for, or encourage any more development than is already anticipated under the City’s existing General Plan, or otherwise allow for or promote physical changes in the environment and therefore it can be seen with certainty that there is no possibility that the proposed amendments to existing zoning standards may have a significant effect on the environment.

SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 5. Effective Date and Publication. This Ordinance of the City of Healdsburg shall be effective thirty (30) days after the date of its passage. Before expiration of fifteen (15) days after its passage, this Ordinance or a summary thereof as provided in Government Code section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the City Council members voting for and against its passage.

SECTION 6. The City Clerk shall certify the adoption of this Ordinance and shall cause a certified Ordinance to be filed in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 23rd day of January 2023, 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. 364 Attachment: Ordinance_Redline (3724 : Special Event and Public Recreation Area Revisions)

CITY OF HEALDSBURG
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AMENDING HEALDSBURG MUNICIPAL
CODE CHAPTER 8.24 PUBLIC PLACES AND DWELLINGS,

MULTI-UNIT SMOKING
WHEREAS, City Council received public comment at their Monday, August 1, 2022 meeting with concerns surrounding public smoking along the perimeter of Plaza Park; and WHEREAS, the City Manager directed staff to review Chapter 8.24 (Public Places and Dwellings, Multi-Use Smoking) of the Healdsburg Municipal Code; and WHEREAS, the City received a request from Milestone Events Groups to make the entire Villa Chanticleer site a smoke-free zone, including all parking areas; and WHEREAS, health problems caused by secondhand smoke in adults who do not smoke include coronary heart disease, stroke, and lung cancer, as well as adverse reproductive health effects in women, including low birth weight; and
WHEREAS, Secondhand smoke can cause sudden infant death syndrome (SIDS), respiratory infections, ear infections, and asthma attacks in infants and children; and WHEREAS, smoke-free environments protect children from exposure to secondhand smoke and help keep their lungs healthy
WHEREAS, the amendments are exempt from environmental review under the provisions of CEQA Guidelines section 15061(b)(3), general rule, which applies to any action that can be seen with certainty that there is no possibility that the project may have a significant effect on the environment.

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

SECTION 1. Findings. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Healdsburg.

SECTION 2. Chapter 8.24 of the Healdsburg Municipal Code, is amended as follows:

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Packet Pg. 365 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) Chapter 8.24

PUBLIC PLACES AND DWELLINGS, MULTI-UNIT SMOKING
Sections:

8.24.010 Findings and purpose.

8.24.020 Definitions.

8.24.030 Application of chapter to City-owned vehicles and facilities.

8.24.040 Prohibition of smoking in public places and dwellings, multi-unit.

8.24.050 Regulation of smoking in places of employment.

8.24.060 Nonretaliation.

8.24.070 Smoking in optional areas.

8.24.080 Posting of signs.

8.24.090 Repealed.

8.24.100 Enforcement.

8.24.110 Violations and penalties.

8.24.120 Public education.

8.24.130 Other applicable laws.

8.24.010 Findings and purpose.

A. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution.

B. The United States Environmental Protection Agency has classified environmental tobacco smoke as one of only 12 Class-A carcinogens to which there is no safe level of exposure.

C. Scientific studies assessed by the United States Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least 53,000 nonsmokers annually and is a leading cause of preventable premature death and disability among nonsmokers in the United States.

D. Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the United States Environmental Protection Agency, have shown that breathing sidestream or secondhand tobacco smoke is a significant health hazard to nonsmokers, particularly to children and teens, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function.

E. Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease.

F. Persons, particularly employees and tenants in multi-unit dwellings, have a right to a smoke-free environment.

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Packet Pg. 366 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) G. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same.

H. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the United States.

I. The Surgeon General of the United States has found that nicotine in tobacco products is as addictive as cocaine and heroin.

J. Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.

K. The U.S. Food and Drug Administration has determined that electronic smoking devices, which deliver an inhalable dose of nicotine or other chemicals by vaporized solution, may contain carcinogens and other toxic chemicals such as diethylene glycol that have been found addictive and harmful to public health.

L. The safety of electronic smoking devices, and the health effects of those exposed to vapor emitted by such devices, is unknown because such safety and health effects have not been fully studied.

M. The use of electronic smoking devices in public places and places of employment frustrates efforts to enforce and comply with smoke-free regulations related to tobacco.

N. Secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, exacerbates childhood asthma, and increases the risk of acute chronic, middle ear infections.

Accordingly, the City Council of the City of Healdsburg finds and declares that the purposes of this chapter are:

1. To protect public health, safety and general welfare;

2. To guarantee the right of nonsmokers to breathe air free of tobacco smoke and noxious vapor and to recognize that the need to breathe air free of tobacco smoke and noxious vapor has priority over the desire to smoke tobacco products and electronic smoking devices;

3. To reduce addiction to tobacco products by youth and young adults;

4. To discourage the use of tobacco or other weeds, plants or devices that produce noxious smoke or vapor around persons who do not use such products;

5. To protect the public from exposure to tobacco smoke or noxious vapor and other weeds, plants or devices that produce noxious smoke or vapor and to reduce smoking-related pollution; and

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Packet Pg. 367 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions)

6. Affirming and promoting family atmosphere at City parks and City-sponsored events. (Ord. 1186 § 2, 2019; Ord. 1136 § 1, 2014; Ord. 1040 § 2, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-30.)

8.24.020 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:

A. “Bar” means a separate establishment which is devoted to the serving of alcoholic beverages and in which the serving of food is incidental to the consumption of such beverages, including cocktail lounge or tavern. A bar, cocktail lounge, or tavern which is in the same building as and part of a restaurant is not considered under this definition of a bar, except if physically separated by full walls from the remaining room(s) of the restaurant and in which no person under the age of 18 years is allowed to enter, except to travel to restroom facilities or a nonbar portion of the restaurant.

B. “Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities under which professional services are delivered.

C. “City” means the City of Healdsburg.

D. “Common-area” means any area of a multi-unit dwelling which residents of more than one unit of that multi-unit building are entitled to enter or use, including but not limited to halls, pathways, lobbies, courtyards, elevators, stairwells, community rooms, laundry facilities, picnic areas and other eating areas within the site of a multi-unit dwelling.

E. “Dwellings, multi-unit” means any structure containing two or more dwelling units, with one or more shared walls, floors or ceilings, including but not limited to apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities.

F. “Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, including those employed full-time, part-time, temporarily or contracted for from a third party.

G. “Employer” means any person, partnership, corporation, or nonprofit entity who employs the services of one or more persons, including themselves.

H. “Enclosed” means closed in by a roof and four or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress. If an enclosed area is divided by internal partial walls or other “office landscaping,” it is still, in its entirety, enclosed. This would include but not be limited to lobbies, lounges, waiting areas, elevators, hallways, restrooms, stairwells, common areas (e.g., laundry and recreation rooms within a multi-unit building) that are a structural part of the building.

I. “Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit dwelling that is leased to a residential tenant.

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Packet Pg. 368 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) J. “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are not for private financial gain. A public agency is not a “nonprofit entity” within the meaning of this chapter.

K. “Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a “place of employment” unless it is used as a child care or health care facility.

L. “Private function” means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining where membership or specific invitation is a prerequisite to entry and where such event is not intended for attendance by the public.

M. “Public place” means any enclosed area to which the public is invited or in which the public is permitted.

N. “Public recreation area” means a public park or other public recreation area within the City of Healdsburg including, but not limited to, the following: Badger Park, Barbieri Brothers Park, Byron Gibbs Park, Carson Warner Memorial Skatepark, Chamber of Commerce turf areas, Foss Creek Trail and Pathway, Giorgi Park, Healdsburg Plaza Park, (including perimeter sidewalks abutting Plaza Park, the municipal swimming pool, the museum grounds located at 221 Matheson Street, Railroad Park located on Front Street, Recreation Park (including the concession stand, picnic areas, and the parking lot), West Plaza Park (not including the parking lot areas), Villa Chanticleer (including the parking lot areas), and all athletic fields. When a “special event” permit is issued by the Community Services Department, the “smoke-free” designation shall include the entire permitted event permitterperimeter, including closed streets and perimeter sidewalks.

O. “Restaurant” means any coffee shop, cafeteria, including private and public school cafeteria, sandwich stand, and any other eating establishment and associated outdoor eating area, which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions, except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in subsection (A) of this section.

P. “Smoking” means inhaling or exhaling from, or burning or carrying, any lighted cigarette, cigar, pipe, cannabis, plant, or other combustible substance whose smoke is intended to be inhaled, or inhaling or exhaling from any electronic smoking device. Smoking includes the use of an electronic cigarette, electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

Q. “Sports arena” means an enclosed sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.

R. “Tobacco product” means (1) product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed,

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Packet Pg. 369 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; (3) any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco products do not include products approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

S. “Tobacco retailer” means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

T. “Unit” means a personal dwelling space within a multi-unit building, including but not limited to “dwellings, multi-unit” as defined in this section.

U. “Work area” or “workplace” means any area of a place of employment enclosed by floor-to-ceiling walls in which one or more employees are assigned to perform work for an employer. (Ord. 1186 § 2, 2019; Ord. 1142 § 1 (Exh. A), 2014; Ord. 1136 § 2, 2014; Ord. 1040 § 3, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-31.)

8.24.030 Application of chapter to City-owned vehicles and facilities.

All City-owned vehicles and all enclosed facilities owned or controlled by the City shall be subject to the provisions of this chapter. (Ord. 1186 § 2, 2019; Ord. 1118 § 2, 2012; Ord. 893 § 2, 1994. Code 1964 § 10-32.)

8.24.040 Prohibition of smoking in public places and dwellings, multi-unit.

A. Except as otherwise provided, smoking shall be prohibited in all enclosed public places and multi-unit dwellings within the City of Healdsburg, including, but not limited to, the following places:

1. All areas available to and customarily used by the general public and all areas of business establishments and nonprofit entities generally accessible to the public, including, but not limited to, the public area of retail stores, banks, laundromats, beauty and barbershops, hotels/motels, attorneys’ and other offices.

2. Elevators and stairways.

3. Buses, taxicabs, and other means of public transit that are owned by, or operated under the authority of, the City of Healdsburg, and ticket, boarding, and waiting areas of public transit depots.

4. Public restrooms.

5. Service lines.

6. Retail food marketing establishments, including grocery stores and supermarkets.

7. Bars and restaurants.

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Packet Pg. 370 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions)

8. Public areas of galleries, libraries, and museums when open to the public.

9. Any facility which is primarily used for exhibiting motion pictures, stage productions, lectures, musical recitals or other similar performances, except when smoking is part of such production.

10. Sports arenas and convention halls.

11. Rooms, chambers, or other enclosed areas, including school buildings, where a meeting is being held which is or can be attended by the general public.

12. Waiting rooms, reception areas, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, treatment facilities and doctors’ and dentists’ offices.

13. Child day care facilities as defined in the California Health and Safety Code and private residences while used as family day care homes.

14. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes and other multiple-unit residential facilities.

15. Lobbies, hallways, and other common areas in multiple-unit commercial facilities.

16. Polling places.

17. Dwellings, multi-unit buildings. Where existing multi-unit dwellings currently provide housing to active smokers, a one-year time limit from the date of adoption of the ordinance codified in this chapter to cease such activity shall be implemented and all new units shall comply upon building occupancy.

18. Hotel/motel rooms – 100 percent of all rooms rented.

B. Smoking shall be prohibited in the following outdoor areas:

1. Within 20 feet of entrances, exits, open windows, or ventilation intake systems of any building, other than a “public building” (as defined by Government Code Section 7596(a)), where smoking is prohibited.

2. Multi-unit building common areas, except that a person with legal control over a multi-unit building common area, such as a landlord, property manager or homeowners’ association, may designate a portion of the multi-unit building common area as a smoking area; provided, that distance requirements to entrances, exits, open windows, or ventilation intake systems of a multi-unit building are met and are compliant with the criteria set out in subsection (B)(1) of this section.

3. Any public recreation area, as defined by HMC 8.24.020(N), including all public spaces within 20 feet of a public recreation area.

4. Stairways of public buildings or buildings where members of the public are invited.

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5. Any event at which a special event permit is issued by the City’s parks and recreation department, such as farmer’s markets, street fairs, street dances, etc.

6. Seating provided by restaurants and bars.

C. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.

D. No person shall dispose of any tobacco product, or any tobacco litter or waste, including without limitation cigarette or cigar butts, in any public recreation area or at any City-sponsored event, such as farmer’s markets, street fairs, street dances, etc. (Ord. 1186 § 2, 2019; Ord. 1118 § 2, 2012; Ord. 1040 §§ 4, 5, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-33.)

8.24.050 Regulation of smoking in places of employment.

A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

B. Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs and stairways, restrooms, vehicles, and all other enclosed facilities.

C. All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994.

Code 1964 § 10-34.)

8.24.060 Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free workplace afforded by this chapter. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994.

Code 1964 § 10-35.)

8.24.070 Smoking in optional areas.

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private detached single-family residences, except when used as a child care or health care facility.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964 § 10-36.)

8.24.080 Posting of signs.

A. “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye

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Packet Pg. 372 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) level, or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place. Signs which have been removed shall be replaced within five working days.

B. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

C. Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that they are 100 percent smoke free.

D. Multi-Unit Dwellings. The person or persons with legal control over common areas shall post clear and unambiguous “No Smoking” signs in locations in common areas where smoking is prohibited by this chapter. In addition, the person or persons with legal control over the multi-unit residence shall post signs in locations in the multi-unit building to indicate that smoking is prohibited in all units. The person or persons with legal control over the common areas shall maintain such signs. The “No Smoking” signs are not required inside or on doorways of units, except for hotels or motels which meet the criteria listed in California Civil Code Section 1940, subdivision (b)(2). (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964 § 10-37.)

8.24.090 Regulating the manner of sale of tobacco products.

Repealed by Ord. 1142. (Ord. 1118 § 2, 2012; Ord. 893 § 2, 1994. Code 1964 § 10-38.)

8.24.100 Enforcement.

A. Any person who desires to register a complaint under this chapter may do so with the Office of the City Manager or Police Department.

B. County health inspectors, on their regular restaurant inspections, shall check for compliance with sign-posting requirements.

C. The City shall provide notice of these regulations to all applicants for a business license.

D. The owner, operator, or manager of a business shall not be responsible for violations of this chapter within his or her premises by patrons or visitors; provided that such patron or visitor has been adequately informed that their actions may be in violation of the law. Any owner, operator or manager of a business shall have adequately informed patrons or visitors if he or she has posted signage on the premises in accordance with this chapter. This limitation shall not apply to employees of such businesses.

E. Every lease or other rental agreement for the occupancy of a multi-unit dwelling entered into, renewed, or continued month to month as of the effective date of the ordinance codified in this chapter shall include smoking prohibition language. (Ord. 1186 § 2, 2019; Ord. 1136 § 3, 2014; Ord. 893 § 2, 1994. Code 1964 § 10-39.)

8.24.110 Violations and penalties.

A. It shall be unlawful for any person to smoke in any area where such action is restricted by this chapter.

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Packet Pg. 373 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) B. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to comply with its provisions, with the exception noted in 8.24.100(D) herein.

C. Violations of this Chapter are subject to any remedy established by law, including but not limited to those set forth in Healdsburg Municipal Code Title 4 (Code Enforcement Authority and Powers).

D. Smoking in an area where smoking is prohibited by this chapter constitutes a public nuisance. For the purpose of this chapter, nonconsensual exposure to smoke and the uninvited presence of smoke on property constitutes a nuisance and may be abated as such, including the application of any of the enforcement remedies provided in Chapter 1.12 HMC. Further, any private person(s) who is/are aggrieved by a violation of this chapter may bring a civil action for damages or for injunctive relief in accordance with applicable laws governing such civil actions.

The remedies provided by this chapter are cumulative and are in addition to any other remedy or remedies available at law or in equity.

E. Nothing in this chapter is intended to be more permissive than the prohibitions on smoking set forth in Chapters 12.28 and 12.36 HMC, or any other City ordinances which regulate or prohibit smoking. In the event of any conflict between this chapter and any state law or other City ordinance that regulates or prohibits smoking, the more restrictive provisions shall be deemed to be applicable. (Ord. 1186 § 2, 2019; Ord. 1040 § 6, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-40.)

8.24.120 Public education.

The City Manager or his/her designee shall be available to explain and clarify the purposes and requirements of this chapter to those affected by it upon request, and to guide owners, operators and managers in their compliance with it. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964 § 10-41.)

8.24.130 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 1186 § 2, 2019; Ord. 893 § 2, 1994. Code 1964 SECTION 3. Environmental Compliance. The proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which applies to any action that can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The proposed amendments will not allow for, or encourage any more development than is already anticipated under the City’s existing General Plan, or otherwise allow for or promote physical changes in the environment and therefore it can be seen with certainty that there is no possibility that the proposed amendments to existing zoning standards may have a significant effect on the environment.

SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

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Packet Pg. 374 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions) SECTION 5. Effective Date and Publication. This Ordinance of the City of Healdsburg shall be effective thirty (30) days after the date of its passage. Before expiration of fifteen (15) days after its passage, this Ordinance or a summary thereof as provided in Government Code section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the City Council members voting for and against its passage.

SECTION 6. The City Clerk shall certify the adoption of this Ordinance and shall cause a certified Ordinance to be filed in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 23rd day of January 2023, 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. 375 Attachment: Ordinance_Clean (3724 : Special Event and Public Recreation Area Revisions)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: 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 stay-at-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. 378 Attachment: Resolution (3880 : Resolution authorizing remote meetings) Resolution No. -2023

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 23rd day of January 2023, 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. 379 Attachment: Resolution (3880 : 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 in-person 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. 380 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3880 : 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. 381 Attachment: Public Meeting COVID-19 Protocols for the City of Healdsburg (3880 : Resolution authorizing remote meetings)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Appointment of Planning Commissioner
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

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

By motion, appoint one applicant to the Planning Commission for a term of one year and six months due to expire June 30, 2024.

COMMUNITY ENGAGEMENT/OUTREACH:

A notice of vacancies for the Planning Commission was advertised in the Press Democrat on October 27, 2022, November 3, 2022, November 10, 2022 & November 17, 2022, posted on the City of Healdsburg website and social media channels.

BACKGROUND:

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

Staff received four applications for the vacancy. The applicants are listed below. At the December 19, 2022, City Council Meeting, Council formed two subcommittees to conduct interviews. One subcommittee was comprised of Vice Mayor Hagele and Councilmember Edwards and the second subcommittee was comprised of Councilmember Mitchell and Councilmember Herrod. Interviews were conducted on January 3, 2023, and January 4, 2023.

Jerry Haag
Alex Wood
Stephen Barber
Todd Gale
The applications are available for review in the City Clerk’s office.

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DISCUSSION/ANALYSIS:

The two separate Council subcommittees will make their recommendations at the City Council meeting. Council will have the opportunity to discuss the recommendations.

ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

ALTERNATIVES:

The Council could opt to not take the subcommittees’ recommendations. In that case Council could appoint other applicants to the vacancy or direct staff to restart the recruitment process for the vacancy.

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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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: January 23, 2023
SUBJECT: Community Wildfire Protection Plan
PREPARED BY: Lance MacDonald, Fire Marshal/Division Chief STRATEGIC INITIATIVE(S):

Pursue Initiatives that Promote Environmental Stewardship Maintain and Improve Infrastructure and Facilities
Provide Effective Governance
Maintain and Enhance Public Health and Safety
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):

1. Receive presentation; and

2. Adopt a Resolution adopting the City of Healdsburg Community Wildfire Protection Plan as an annex to the 2018 City of Healdsburg Local Hazard Mitigation Plan.

COMMUNITY ENGAGEMENT/OUTREACH:

The CWPP was a collaborative process in which community input was sought. Specifically, during the development of the CWPP a survey questioner was created to facilitate feedback from the community. Multiple in-person “Town Hall” style meetings were conducted where City Council members, the Police and Fire Chief and other city officials were in attendance. The survey was offered in both Spanish and English and translation services were offered at Town Hall meetings. The consultants and staff worked directly with the senior community, Corazon Healdsburg, Healdsburg Unified School District, and the Community Youth Sports program attending back to school nights and youth soccer games. In addition to posting the survey on the COH website we also pushed out on multiple social media platforms and with help of from HUSD we were able to email all families on the school district mailing list. The survey responses and feedback from the community helped to guide the development of the CWPP.

BACKGROUND:

In April of 2018, the City of Healdsburg developed and adopted a Local Hazard Mitigation Plan (LHMP). The LHMP includes a wildfire component, which was a major concern for Healdsburg residents subsequent the 2017 LNU Complex Fires (including the Tubbs and Pocket Fires). The LHMP was completed prior to the Kincade Fire in 2019, and the LNU Lightening Complex Fires

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which included the Wallbridge Fire of 2020. While the fires themselves did not encroach on the City Limits of Healdsburg, they resulted in evacuations and had a significant impact on City of Healdsburg residents. The threat of future wildfires is still a great concern for our community.

In January of 2022 a Request for Proposals (RFP) was developed to create a Community Wildfire Protection Plan (CWPP) to bolster the LHMP and identify specific, actionable items that can be used to enhance fire safety in the City of Healdsburg. The contract was awarded to Wildfire Services Group and STI, both local companies familiar with the geography of the region and the key stakeholders. Staff worked closely with WSG and STI in the development of the CWPP.

DISCUSSION/ANALYSIS:

A CWPP is not a regulatory document, but provides wildfire hazard and risk assessments, community descriptions, options for addressing issues of structural vulnerability to wildfire (Home Hardening), and provides a prioritized list of projects which, if implemented, can serve to reduce wildfire hazards. The CWPP using a collaborative model is meant address issues such as wildfire response, contain hazard and risk analyses, community preparedness including educational resources, and will suggest projects that can reduce risk of loss of life, property, and environmental damage.

The CWPP brings together diverse local interests to develop a course of action that mitigates the wildfire threat and enhances protection of assets from wildfire. As part of the 2003 Healthy Forest Restoration Act (HFRA), there are three minimum requirements for a CWPP, including:

1. Collaboration – A CWPP must be collaboratively developed. Local officials and state officials must meaningfully involve federal agencies that manage land in the vicinity of the community and other interested parties, particularly non-governmental stakeholders. 2. Prioritized Fuel Reduction - a CWPP must identify and prioritize areas for hazardous fuel reduction treatments on both federal and non-federal land and recommend the types and methods of treatment that, if completed, would reduce the risk to the community. 3. Treatment of Structural Ignitability - a CWPP must recommend measures that homeowners and communities can take to reduce the ignitability of structures throughout the area addressed by the plan.

During the City of Healdsburg CWPP creation process we identified specific areas of focus as we move forward. First, bolster and expand the fuel reduction work we are completing on the Ridge Open Space, privately-owned open space areas, and on the Fitch Mountain Open Space Preserve. As part of the Cal-VTP we are utilizing a multi-pronged approach incorporating, grazing, mechanical mastication, hand crews and prescribed fire. Additionally, we would like to expand the Arundo removal project along the Russian River Water Shed. Along with the larger vegetation treatment projects the CWPP recommends developing a parcel-to-parcel approach.

Wildfire Mitigation Assessments, home hardening, vegetation management education and matching grant have a proven track record in improving wildfire safety.

ENVIRONMENTAL STEWARDSHIP:

Because this CWPP is a guiding document, it does not legally commit any public agency to a specific course of action or project. If funding is received from local, state, or federal agencies to implement a specific project, prior to work being performed, proposed activities will be under

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CEQA or NEPA requirements. In addition to CEQA and NEPA, other relevant environmental rules and management plans will be considered. For example, agency-specific vegetation management plans, state or federal endangered species acts, the Migratory Bird Treaty Act, air district burn permit requirements, and Stream Bed Alteration Agreements.

ALTERNATIVES:

Not adopt Community Wildfire Protection Plan and guide staff on further actions.

FISCAL IMPACT:

The development of the CWPP was anticipated in the 2022-2023 budget year and funding was provided by the PG&E settlement. There is no funding included in the adopted budget for implementation of the CWPP recommendations. By adopting the CWPP the City is now eligible to apply for various sources of grant funding that will assist in implementation efforts. Staff will return to council with updates to the budget as grant funding is identified.

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; and therefore, is not a project for purposes of CEQA.

ATTACHMENT(S):

Resolution
Community Wildfire Protection Plan

9.A
Packet Pg. 386

CITY OF HEALDSBURG
RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEALDSBURG ADOPTING THE 2022 COMMUNITY

WILDFIRE PROTECTION PLAN AS AN ANNEX TO THE
2018 LOCAL HAZARD MITIGATION PLAN
WHEREAS, The City of Healdsburg and its residents have recognized wildfire as a continuing risk and hazard; and
WHEREAS, in recent years there have been several large and devastating wildfires in the local region, and in California, resulting in the loss of lives and property; and WHEREAS, A Community Wildfire Protection Plan (CWPP) is developed to guide wildfire mitigation at all scales and land ownerships; and WHEREAS, A CWPP is designed to mitigate and prepare for wildfire risk and recommend actions including, home hardening, vegetation management, fuels reduction and treatment, road improvements, evacuation planning and prescribed fire to reduce wildfire risks; and
WHEREAS, a large component of the CWPP is facilitating community engagement in wildfire risk reduction, preparedness and education; and WHEREAS, Community Wildfire Protection Plans are required by many federal funding sources to apply and obtain grants and other funding opportunities; and WHEREAS, in January of 2022 a Request For Proposal was offered to create a Community Wildfire Protection Plan as an annex to the 2018 Local Hazard Mitigation Plan and in February of 2022 a contract was awarded to Wildfire Services Group.

WHEREAS, in developing the CWPP, the consultants and staff conducted a series of community meetings, developed, and distributed a public survey and engaged in outreach at multiple levels and in a bilingual format; and
WHEREAS, the City of Healdsburg CWPP includes annex that address specific wildfire mitigation issues and projects in the City of Healdsburg; and WHEREAS, the CWPP will be adopted as an annex to the City of Healdsburg 2018 Local Hazard Mitigation Plan.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Healdsburg does hereby adopt the 2022 Community Wildfire Protection Plan as an annex to the 2018 Local Hazard Mitigation Plan.

9.A.a
Packet Pg. 387 Attachment: Resolution (3895 : Resolution Adopting Community Wildfire Protection Plan) Resolution No. -2023