Healdsburg City Council
March 20, 2023

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING AGENDA
City Hall Council Chamber Meeting Date: March 20, 2023
401 Grove Street Time: 6:00 PM
Healdsburg, CA 95448 Date Posted: March 15, 2023
(707) 431-3317
To join by computer, tablet, or mobile device:

Go to https://zoom.us/join and type in the Webinar ID: 847 6484 9275 or follow this link:
https://cityofhealdsburg-org.zoom.us/s/84764849275 (Pre-registration for the meeting is not required.)
To watch the meeting and submit Public Comment Process as a part of the Zoom Webinar .

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

2. REPORT ON CLOSED SESSION(S)

3. ANNOUNCEMENTS/PRESENTATIONS
A. Proclamation recognizing March 19-25, 2023 as National Surveyors Week B. Annual Police Department Update
Receive a presentation on police department activity during the past year. Staff will also provide a look ahead at projects and goals for the current year.

4. CITY MANAGER REPORTS

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

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

City Council/RSA Regular Meeting Agenda
March 20, 2023

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

A. Approval of Minutes
By motion, approve the September 6, 2022 Regular Meeting Minutes, the September 19, 2022 Regular Meeting Minutes and the October 3, 2022 Regular Meeting Minutes.

B. Public Utility Easement across 1115 Vine Street, APN 002-820-003 Adopt a Resolution accepting a Public Utility Easement from RM Healdsburg LTD ("Safeway") at 1115 Vine Street, APN 002-820-003.

C. 2023 Amendment to the Biosolids Hauling and Disposing Agreement Adopt a Resolution amending the hauling and disposal of biosolids purchase order with Recology Inc. by increasing the not-to-exceed amount to $328,893.

D. Fitch Mountain Public Access Improvement Pedestrian Footbridges Adopt a Resolution amending the Professional Services Agreement with Excel Bridge Manufacturing CO and increasing the not-to-exceed amount by $4,491 for a total of $54,391 and authorizing the City Manager to execute the contract amendment on the City's behalf.

E. Application for the Prohousing Incentive Pilot (PIP) Program Adopt a Resolution authorizing the City Manager to submit an application for the Prohousing Incentive Pilot (PIP) Program and authorizing the City Manager to execute the agreement and any other documents necessary to complete the transaction.

F. Review and Renew City of Healdsburg Military Equipment Use Ordinance and Policy and Review and Approve Annual Military Equipment Report Adopt a Resolution reviewing and renewing the City of Healdsburg Military Equipment Use Ordinance contained in Healdsburg Municipal Code (HMC) Chapter 2.60 as well as the Military Equipment Use Policy for the Healdsburg Police Department and approving the Healdsburg annual military equipment report.

City Council/RSA Regular Meeting Agenda
March 20, 2023

G. 2022 Housing Element Annual Progress Report
By motion, accept the Housing Element Annual Progress Report for the 2020 calendar year and direct Staff to submit the report to the State of California Department of Housing and Community Development and the State Office of Planning and Research.

H. 2022 General Plan Annual Progress Report
By motion, accept the annual report and direct staff to file it with the appropriate state agencies.

I. Growth Management Program Annual Report
By motion, accept the annual Growth Management Program annual report.

J. Resolution authorizing City Manager to execute amended grant deeds relating to the transfer of title of the Saggio Hills Community Park property to the City Adopt a Resolution authorizing City Manager to execute a grant deed for Parcel 8 and amended grant deeds for Parcels 5, 6, 9, and 10 of the Saggio Hills Subdivision, as well as related certificates of acceptance attached to said grant deeds in connection with the transfer of title of the Saggio Hills Community Park property to the City.

7. PUBLIC HEARINGS
A. Introduction of ordinance approving Fourth Amendment to the Development Agreement between City of Healdsburg and CCS Healdsburg, LLC By motion, introduce for first reading, by title only and waiving the full reading of the text, an ordinance amending the Development Agreement by and between the City of Healdsburg and CCS Healdsburg, LLC, for the North Village Project to modify the affordability levels for the affordable housing component of the North Village Project and to authorize a three-unit reduction in the overall number of affordable units in reliance on the certified NEAP EIR and with adoption of a CEQA exemption pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183.

B. Development Agreement (DA 2023-01) and Tentative Map (TM 2022-02) for the Saggio Hills Affordable Housing Project

1. Adopt a Resolution approving Tentative Subdivision Map TM 2022-02 for the Saggio Hills Affordable Housing Project.

City Council/RSA Regular Meeting Agenda
March 20, 2023

2. Introduce for first reading, by title only and waiving the full reading of the text, an ordinance approving the Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC, for the Saggio Hills Affordable Housing Project.

C. Healdsburg Municipal Code Amendments to Allow for Commercial Cannabis Uses Conduct a public hearing and, by motion, introduce for first reading, by title only, an ordinance to repeal Healdsburg Municipal Code Chapter 8.32: Medical Marijuana Dispensaries; amend Section 20.08.145: Permitted and Conditionally Permitted Uses in the Plaza Retail (PR), Downtown Commercial (CD), and Service Commercial (CS) Districts; amend Section 20.08.155: Permitted and Conditionally Permitted Uses in the Mixed Use (MU) District; amend Section 20.08.195: Permitted and Conditionally Permitted Uses in the Industrial (I) District; add a new Section 20.20.095: Commercial Cannabis Uses and Requirements; amend Section 20.20.100: Marijuana Cultivation, Possession and Use; amend Section 20.28.310: Definitions; and related CEQA Exemption.

8. OLD BUSINESS
None.

9. NEW BUSINESS
A. Provide Feedback on Cannabis Dispensary Application Criteria and Process Receive a presentation from City Staff on the proposed process, criteria, and dispute resolution process to be included in the application process for retail cannabis dispensaries and provide feedback to staff on the process.

B. Retail Cannabis Fee Discussion

1. Receive a presentation from City staff; and

2. Provide direction to staff to return to Council with a resolution establishing appropriate fees to recover costs associated with regulation of the retail cannabis industry.

10. COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE

PREVIOUS REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS

11. WRITTEN COMMUNICATIONS

12. ADJOURN CITY COUNCIL / RSA MEETING
City Council/RSA Regular Meeting Agenda
March 20, 2023

13. FUTURE AGENDA ITEMS
A. Future Agenda Items for 2023
SB 343 - DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Any writings or documents provided to a majority of the City Council/Redevelopment Successor Agency Board regarding any item on this agenda after the posting of this agenda and not otherwise exempt from disclosure, will be made available for public review in the City Clerk's Office located at City Hall, 401 Grove Street, Healdsburg, during normal business hours. If supplemental materials are made available to the members of the City Council/Redevelopment Successor Agency Board at the meeting, a copy will be available for public review at the City Hall Council Chambers, 401 Grove Street, Healdsburg, CA 95448.

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

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

CIUDAD DE HEALDSBURG
CONSEJO MUNICIPAL/AGENCIA SUCESORA DE REURBANIZACIÓN
ORDEN DEL DÍA DE LA REUNIÓN HABITUAL
City Hall Council Chamber
(Salón del Consejo Municipal) Fecha de la reunión: 20 de marzo de 2023 401 Grove Street Hora: 6:00 pm
Healdsburg, CA 95448 Fecha de publicación:15 de marzo de 2023 (707) 431-3317
Para participar por computadora, tableta o dispositivo móvil:

Vaya a https://zoom.us/join y teclee el número de identificación (ID) del seminario web: 847 6484 9275 o siga este enlace: https://cityofhealdsburg-org.zoom.us/s/84764849275 (No es necesario inscribirse previamente a la reunión).

Para enviar comentarios públicos como parte del seminario web de Zoom.

1. LLAMADA AL ORDEN/PASAR LISTA
A. Juramento a la bandera
B. Aprobación del orden del día

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

3. ANUNCIOS/PRESENTACIONES
A. Proclamación por la que se reconoce del 19 al 25 de marzo de 2023 como Semana Nacional de los Topógrafos
B. Actualización anual de las actividades del Departamento de Policía Recibir una presentación del Departamento de Policía durante el año pasado. El personal también ofrecerá una visión de los proyectos y objetivos para el año en curso.

4. INFORMES DEL GERENTE DE LA CIUDAD

5. COMENTARIOS PÚBLICOS SOBRE LOS PUNTOS EN EL CALENDARIO ACORDADO Y LOS PUNTOS NO INCLUIDOS EN EL ORDEN DEL DÍA
Este tiempo está dedicado para recibir comentarios del público sobre asuntos de interés general no incluidos en el orden del día, pero relacionados con los asuntos del Consejo Municipal/RSA. Sin embargo, conforme la Ley Brown, el Consejo Municipal no puede considerar temas o tomar medidas sobre cualquier solicitud hecha durante este período de comentario. Los comentarios del público sobre los asuntos no incluidos en el orden del día están limitados a un total de treinta (30) minutos para todos los participantes, y cada persona tendrá no más de tres (3) minutos. Si hay más de diez (10) comentarios públicos, el alcalde puede reducir el tiempo de tres (3) minutos de cada orador para que así todos los oradores tengan el mismo tiempo para hablar. A discreción del alcalde, se puede extender el período de comentarios públicos a más de 30 minutos. Los miembros Consejo Municipal/Orden del día de la reunión ordinaria 20 de marzo de 2022
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del público que deseen hablar sobre un asunto en el orden del día acordado deben notificárselo al alcalde durante los comentarios públicos.

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

A. Aprobación de las Actas
Por moción, aprobar las Actas de la Reunión Ordinaria del 6 de septiembre de 2022, las Actas de la Reunión Ordinaria del 19 de septiembre de 2022 y las Actas de la Reunión Ordinaria del 3 de octubre de 2022.

B. Derecho de paso de servicios públicos a través del 1115 de la calle Vine Street, APN 002-820-003
Adoptar una Resolución por la que se acepta un derecho de paso de servicios públicos a través de 1115 de la calle Vine Street, APN 002-820-003 C. Modificación del acuerdo de transporte y eliminación de biosólidos de 2023 Adoptar una Resolución que modifique la orden de compra de transporte y eliminación de biosólidos con Recology Inc., aumentando el importe no superable a $328.893.

D. Mejora del acceso público de las pasarelas peatonales de Fitch Mountain Adoptar una Resolución por la que se modifica el Acuerdo de Servicios Profesionales con Excel Bridge Manufacturing CO y se aumenta el importe no superable en $4,491 por un total de $54,391 y se autoriza al Gerente de la Ciudad a ejecutar la modificación del contrato en nombre de la Ciudad.

E. Solicitud para el Programa Piloto de Incentivos Provivienda (PIP) Adoptar una Resolución autorizando al Gerente de la Ciudad a presentar una solicitud para el Programa Piloto de Incentivos Provivienda (PIP) y autorizando al Gerente de la Ciudad a ejecutar el acuerdo y cualquier otro documento necesario para completar la transacción.

Consejo Municipal/Orden del día de la reunión ordinaria 20 de marzo de 2022
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F. Revisar y renovar la Ordenanza y Política de Uso de Equipo Militar de la Ciudad de Healdsburg y revisar y aprobar el Informe anual sobre Equipo Militar Adoptar una Resolución por la que se revise y renueve la Ordenanza de Uso de Equipo Militar de la Ciudad de Healdsburg contenida en el Capítulo 2.60 del Código Municipal de Healdsburg (HMC), así como la Política de Uso de Equipo Militar del Departamento de Policía de Healdsburg, y por la que se apruebe el informe anual sobre equipo militar de Healdsburg.

G. Informe anual de progreso del Elemento Vivienda 2022 Por moción, aceptar el Informe Anual de Progreso del Elemento Vivienda para el año calendario 2020 y solicitar al Personal que presente el informe al Departamento de Vivienda y Desarrollo Comunitario del Estado de California y a la Oficina Estatal de Planificación e Investigación.

H. Informe anual de progreso del Plan General 2022
Por moción, aceptar el informe anual y solicitar al personal que lo presente ante los organismos estatales correspondientes.

I. Informe anual del Programa de Gestión del Crecimiento Por moción, aceptar el informe anual del Programa de Gestión del Crecimiento.

J. Resolución por la que se autoriza al Gerente de la Ciudad a ejecutar las escrituras de concesión modificadas relativas a la transferencia de la titularidad de la propiedad del Parque Comunitario de Saggio Hills a la Ciudad Adoptar una Resolución que autorice al Gerente de la Ciudad a ejecutar una escritura de concesión para la Parcela 8 y escrituras de concesión enmendadas para las Parcelas 5, 6, 9 y 10 de la Subdivisión de Saggio Hills, así como los certificados de aceptación relacionados adjuntos a dichas escrituras de concesión en relación con la transferencia del título de la propiedad del Parque Comunitario de Saggio Hills a la Ciudad.

7. AUDIENCIAS PÚBLICAS
A. Presentación de la Ordenanza por la que se aprueba la Cuarta Enmienda al Acuerdo de desarrollo por y entre la ciudad de Healdsburg y CSS Healdsburg, LLC Por moción, introducir para primera lectura, sólo por título y renunciando a la lectura completa del texto, una ordenanza que modifica el Acuerdo de Desarrollo por y entre la Ciudad de Healdsburg y CCS Healdsburg, LLC, para el Proyecto North Village para modificar los niveles de asequibilidad para el componente de vivienda asequible del Consejo Municipal/Orden del día de la reunión ordinaria 20 de marzo de 2022
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Proyecto North Village y para autorizar una reducción de tres unidades en el número total de unidades asequibles en dependencia del NEAP EIR certificado y con la adopción de una exención de la CEQA de conformidad con la sección 21083.3 del Código de Recursos Públicos y la sección 15183 de las Directrices de la CEQA.

B. Acuerdo de Desarrollo (DA 2023-01) y Mapa tentativo (TM 2022-02) para el proyecto de viviendas asequibles de Saggio Hills

1. Adoptar una Resolución por la que se apruebe el Mapa de Subdivisión Tentativa TM 2022-02 para el Proyecto de Viviendas Asequibles de Saggio Hills.

2. Presentar para primera lectura, sólo por el título y renunciando a la lectura completa del texto, una Ordenanza por la que se aprueba el Acuerdo de Desarrollo por y entre la Ciudad de Healdsburg y Freebird Development Company, LLC, para el Proyecto de Viviendas Asequibles de Saggio Hills.

C. Enmiendas al Código Municipal de Healdsburg para permitir usos comerciales del cannabis
Llevar a cabo una audiencia pública y, por moción, presentar para primera lectura, sólo por título, una Ordenanza para revocar el Capítulo 8.32 del Código Municipal de Healdsburg: Dispensarios de marihuana medicinal; enmendar la Sección 20.08.145: Usos permitidos y condicionalmente permitidos en los distritos de Plaza Retail (PR), Downtown Commercial (CD) y Service Commercial (CS); enmendar la Sección

20.08.155: Usos permitidos y permitidos condicionalmente en el distrito de uso mixto (MU); modificar la sección 20.08.195: Usos permitidos y permitidos condicionalmente en el distrito industrial (I); añadir una nueva sección 20.20.095: Usos y requisitos comerciales del cannabis; modificar la Sección 20.20.100: Cultivo, posesión y uso de marihuana; modificar la Sección 20.28.310: Definiciones; y la Exención CEQA relacionada.

8. ASUNTOS PENDIENTES
Ninguno.

9. ASUNTOS NUEVOS
A. Aportar comentarios sobre los criterios y el proceso de solicitud de dispensarios de cannabis
Consejo Municipal/Orden del día de la reunión ordinaria 20 de marzo de 2022
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Recibir una presentación del personal de la Ciudad sobre el proceso propuesto, los criterios y el proceso de resolución de disputas que se incluirán en el proceso de solicitud para los dispensarios de cannabis al por menor y proporcionar retroalimentación al personal sobre el proceso.

B. Debate sobre las tasas del cannabis al por menor

1. Recibir una presentación del personal de la Ciudad; y

2. Dar instrucciones al personal para que vuelva al Consejo con una resolución que establezca las tasas apropiadas para recuperar los costos asociados con la regulación de la industria del cannabis al por menor.

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

REEMBOLSO DE GASTOS

11. COMUNICACIONES ESCRITAS

12. LEVANTAR LA REUNIÓN DEL CONSEJO MUNICIPAL/RSA

13. PUNTOS FUTUROS PARA EL ORDEN DEL DÍA
A. Futuros puntos del orden del día para 2023
SB 343 - DOCUMENTOS RELACIONADOS CON EL ÓRDEN DEL DÍA DE LAS SESIONES ABIERTAS: Cualquier escrito o documento provisto a una mayoría de la Junta del Consejo Municipal/Agencia de Desarrollo Sucesora con respecto a cualquier punto en este orden del día después de la publicación de la misma y que no esté exento de divulgación, se pondrá a disposición del público en la Oficina de la Secretaría Municipal ubicada en City Hall, 401 Grove Street, Healdsburg, durante horas hábiles. Si el material complementario se pone a disposición de los miembros de la Junta del Consejo Municipal/Agencia de Desarrollo Sucesora, una copia estará disponible para la revisión pública en las Cámaras del Consejo Municipal, 401 Grove Street, Healdsburg, CA 95448.

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

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

CITY OF HEALDSBURG

PROCLAMATION

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY
OF HEALDSBURG DECLARING THE WEEK OF MARCH 19-
25, 2023 AS NATIONAL SURVEYOR’S WEEK IN THE CITY

OF HEALDSBURG
WHEREAS, Surveying has been an essential element in the development of the human environment since the beginning of recorded history; and WHEREAS, it is a requirement in the planning and execution of nearly every form of construction with its most familiar modern uses in the fields of transport, building and construction, communications, mapping, and the definition of legal boundaries for land ownership; and
WHEREAS, in order to accomplish their objectives, surveyors use elements of engineering, physics, mathematics, astronomy, law, and history; and WHEREAS, since the colonial days of the United States, surveyors have been leaders in the community, statesmen, influential citizens, and shapers of cultural standards; and WHEREAS, Former notable surveyors include George Washington, Thomas Jefferson, Abraham Lincoln, Lewis and Clark, Daniel Boone, and Henry David Thoreau, among many others; and
WHEREAS, many services are now provided through the use of sophisticated surveying equipment and techniques, including satellite-borne remote sensing devices and automated positioning, measuring, recording, and plotting equipment; and WHEREAS, the establishment of the week of March 19-25, 2023 as National Surveyors Week is a fitting tribute to all surveyors.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Healdsburg hereby declares the week of March 19-25, 2023, as National Surveyor’s Week in the City of Healdsburg.

DATED: March 20, 2023
SO ORDERED:
________________________________
Ariel Kelley, Mayor

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Packet Pg. 11
Attachment: National Surveyor's Week Proclamation (3979 : National Surveyors Week)

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
September 6, 2022

CITY HALL COUNCIL CHAMBER
401 Grove Street, Healdsburg
.

CALL TO ORDER/ROLL CALL
Mayor/Chairperson Jimenez called to order the concurrent meeting of the City Council and Redevelopment Successor Agency of the City of Healdsburg at 6:03 p.m. with the following Council Members present:

Present: Council Members/: Hagele, Kelley, Mitchell and Mayor Jimenez Board Members

Absent: Council Members/: None
Board Members

APPROVAL OF AGENDA
On a motion by Vice Mayor Kelley, seconded by Councilmember Hagele, approved the September 6, 2022, City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent - None)

REPORT ON CLOSED SESSION
Mayor Jimenez reported a closed session was held prior to the meeting and direction was given to staff.

ANNOUNCEMENTS/PRESENTATIONS – LATIN-AMERICAN HERITAGE MONTH

PROCLAMATION
Mayor Jimenez with Council concurrence issued a Proclamation recognizing September 15 – October 15 as Latin American Heritage Month in the City of Healdsburg.

Herman G. Hernandez, Executive Director of Los Cien, thanked Council for the Proclamation and invited Council to the State of the Latino Community Address on September 29, 2022.

ANNOUNCEMENTS/PRESENTATIONS – HEALDSBURG PRUNE PACKERS 2022

CHAMPIONSHIP
This item was continued to a later date.

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Attachment: September 6, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
September 6, 2022

CITY MANAGER REPORTS
City Manager Kay provided information on the countertop compost bins the City is giving away at City Hall, the current statewide energy load and the potential of rolling black outs. City Manager Kay further provided information on the construction at the L&M Village.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON

AGENDA ITEMS
Charlotte commented on a recent incident at her home and inquired how to get in contact with the Police Department.

CONSENT CALENDAR
On a motion by Vice Mayor Kelley, seconded by Councilmember Mitchell, approved the Consent Calendar as follows:

A. APPROVAL OF MINUTES
By motion, approved the May 2, 2022 Regular Meeting Minutes, the May 9, 2022 Special Meeting Minutes, the May 16, 2022 Regular Meeting Minutes, the May 31, 2022 Special Meeting Minutes and June 6, 2022 Special Meeting Minutes. (Ayes 4, Noes 0, Absent - None)
B. RECEIVE THE MONTHLY INVESTMENT REPORT FOR JULY 2022
By motion, received and approved the Monthly Treasurer’s Investment Report for July 2022. (Ayes 4, Noes 0, Absent - None)
C. APPROVAL OF DISBURSEMENT REPORT FOR WITHDRAWALS DURING THE MONTH OF JULY 2022
By motion, approved the Disbursement Report for July 2022. (Ayes 4, Noes 0, Absent - None)
D. DECLARING VEHICLES AS SURPLUS
Adopted Resolution No. 126-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG DECLARING A 1999 SMEAL HME 1871 SERIES 75 FT AERIAL LADDER TRUCK AS SURPLUS.” (Ayes 4, Noes 0, Absent - None)

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Attachment: September 6, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
September 6, 2022

E. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE RIVERHOUSE PHASE I

SUBDIVISION
Adopted Resolution No. 127-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR THE RIVERHOUSE PHASE I SUBDIVISION; ACCEPTING A ONE YEAR MAINTENANCE

SECURITY AS DESCRIBED WITHIN THE AGREEMENT FOR SUBDIVISION IMPROVEMENTS; RELEASING THE FAITHFUL PERFORMANCE SECURITY AS DESCRIBED WITHIN THE AGREEMENT FOR SUBDIVISION IMPROVEMENTS;

AND AUTHORIZING THE CITY CLERK TO RELEASE THE LABOR AND MATERIALS SECURITY SIX (6) MONTHS FROM THE DATE OF ACCEPTANCE FOR THE RIVERHOUSE PHASE I SUBDIVISION.” (Ayes 4, Noes 0, Absent - None) F. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE RIVERHOUSE PHASE

II SUBDIVISION
Adopted Resolution No. 128-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR THE RIVERHOUSE PHASE II SUBDIVISION; ACCEPTING A ONE YEAR MAINTENANCE

SECURITY AS DESCRIBED WITHIN THE AGREEMENT FOR SUBDIVISION IMPROVEMENTS; RELEASING THE FAITHFUL PERFORMANCE SECURITY AS DESCRIBED WITHIN THE AGREEMENT FOR SUBDIVISION IMPROVEMENTS;

AND AUTHORIZING THE CITY CLERK TO RELEASE THE LABOR AND MATERIALS SECURITY SIX (6) MONTHS FROM THE DATE OF ACCEPTANCE FOR THE RIVERHOUSE PHASE II SUBDIVISION.” (Ayes 4, Noes 0, Absent - None) G. COASTAL CONSERVANCY GRANT AGREEMENT AMENDMENT FOR FITCH

MOUNTAIN PARK
Adopted Resolution No. 129-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING AN AMENDMENT TO THE GRANT

AGREEMENT BETWEEN THE CITY OF HEALDSBURG AND THE CALIFORNIA STATE COASTAL CONSERVANCY TO INCREASE THE AMOUNT BY $1,500,000

FOR THE IMPLEMENTATION OF BOTH PHASES OF THE FITCH MOUNTAIN PARK

AND OPEN SPACE PRESERVE PUBLIC ACCESS IMPROVEMENT PROJECT,

AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS AND
RELATED DOCUMENTS ON THE CITY’S BEHALF, AND INCREASING BUDGET APPROPRIATIONS IN THE COMMUNITY SERVICES PROJECT FUND BY $400,000.” (Ayes 4, Noes 0, Absent - None)

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Attachment: September 6, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
September 6, 2022

H. PROFESSIONAL SERVICES AGREEMENT TO DESIGN THE MUNICIPAL RECYCLED WATER PIPELINE PROJECT, PROJECT WA004
Adopted Resolution No. 130-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH WEST YOST ASSOCIATES FOR THE MUNICIPAL RECYCLED WATER PIPELINE PROJECT FOR AN AMOUNT NOT TO EXCEED $1,094,882, AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10%

OF THE TOTAL AMOUNT AND INCREASING BUDGET APPROPRIATIONS IN THE WATER CAPITAL PROJECTS FUND BY $6,017,016.” (Ayes 4, Noes 0, Absent - None) I. PROFESSIONAL SERVICES AGREEMENT WITH BRANDLEY ENGINEERING INC.

Adopted Resolution No. 131-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BRANDLEY ENGINEERING, INC. IN THE NOT-TO-EXCEED AMOUNT OF $69,500.00 FOR ENVIRONMENTAL AND ENGINEERING DESIGN SERVICES FOR THE REMOVAL OF TAXIWAYS A2, A3, A5, CONSTRUCT NEW TAXIWAY A2 AND REHABILITATE TAXIWAY LIGHTING AND SIGNAGE

PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

AND ADDITIONAL ITEMS ASSOCIATED WITH APPLYING FOR AND RECEIVING GRANT FUNDING FOR THE PROJECT ON THE CITY’S BEHALF, ACCEPTING THE RECOMMENDATION FOR BRANDLEY ENGINEERING, INC. TO PROVIDE AIRPORT ENGINEER SERVICES FOR A TERM OF 5-YEARS, AND AMENDING THE ADOPTED BUDGET.” (Ayes 4, Noes 0, Absent - None).

J. FIRE PROTECTION SERVICES AGREEMENT WITH THE COUNTY OF SONOMA
Adopted Resolution No. 132-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING THE AGREEMENT BETWEEN THE

COUNTY OF SONOMA AND THE CITY OF HEALDSBURG RELATING TO FIRE PROTECTION SERVICES.” (Ayes 4, Noes 0, Absent - None)
K. PROFESSIONAL SERVICES AGREEMENT WITH PFM ASSET MANAGEMENT Adopted Resolution No. 133-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A PROFESSIONAL SERVICES

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AGREEMENT WITH PFM ASSET MANAGEMENT FOR INVESTMENT
MANAGEMENT SERVICES.” (Ayes 4, Noes 0, Absent - None)
L. PROFESSIONAL SERVICES AGREEMENT AMENDMENT WITH

FECUNDITATIS
Adopted Resolution No. 134-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING AN AMENDMENT TO A

PROFESSIONAL SERVICES AGREEMENT WITH FECUNDITATIS FOR GRANT WRITING ASSISTANCE, INCREASING THE NOT TO EXCEED AMOUNT BY $48,960 TO $109,750, EXTENDING THE TERM LENGTH TO PROVIDE THAT THE AGREEMENT TERM SHALL EXPIRE ON SEPTEMBER 30, 2023, AND

AUTHORIZING THE CITY MANGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY.” (Ayes 4, Noes 0, Absent - None)
M. CIVIL GRAND JURY RESPONSE AUTHORIZATION
Adopted Resolution No. 135-2022 titled, “RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING A RESPONSE TO THE SONOMA COUNTY CIVIL GRAND JURY REPORT REGARDING “AFFORDABLE HOUSING:

PAST, PRESENT AND FUTURE” AND “AFFORDABLE HOUSING: MONITORING AND COMPLIANCE”.” (Ayes 4, Noes 0, Absent - None)
N. PROHOUSING DESIGNATION PROGRAM APPLICATION
Adopted Resolution No. 136-2022 titled, “RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING APPLICATION TO AND
PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM.” (Ayes 4, Noes 0, Absent - None)
O. MEMORANDUM OF UNDERSTANDING WITH THE HEALDSBURG UNIFIED

SCHOOL DISTRICT
Adopted Resolution No. 137-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HEALDSBURG AND HEALDSBURG

UNIFIED SCHOOL DISTRICT TO CONVERT TWO SPORTS COURTS AT

HEALDSBURG HIGH SCHOOL TO PICKLEBALL COURTS, ESTABLISHING A

COMMUNITY-USE MONITORING PROGRAM, AND AMENDING THE FISCAL YEAR 22-23 BUDGET.” (Ayes 4, Noes 0, Absent - None)

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P. RESOLUTION AUTHORIZING REMOTE MEETINGS
Adopted Resolution No. 138-2022 titled, “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.” (Ayes 4, Noes 0, Absent - None)
The motion to approve the Consent Calendar as noted above carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
PUBLIC HEARINGS – HEALDSBURG’S 2022 ELECTRIFICATION REACH CODE Utility Conservation Analyst Sampson introduced Ted Tiffany who would be assisting with the presentation this evening. Analyst Sampson provided information on what a Reach Code is, what the existing Reach Code includes, and direction provided by Council in February of 2022.

Analyst Sampson reviewed state and regional climate goals, the California Building Code and current cities with Reach Codes. Analyst Sampson further reviewed current GHG emissions in Healdsburg, usage rates of natural gas and electric cooking and energy use.

Ted Tiffany provided information on projected use of a mixed fuel home v. and all electric home and the 2022 cost effectiveness studies. Analyst Sampson reviewed the proposed ordinance and the all-electric requirements for residential and non-residential buildings and the proposed exemptions for both.

In response to Council’s inquiries, Analyst Sampson reviewed the difference between the 2019 Reach Code and the proposed ordinance.

Public Comment
Member of the public inquired if there was a place more granular data could be reviewed and when the city will discuss expanding its electrical supply grid.

Chris Herrod expressed his support to see the exemptions removed from the ordinance.

Brigette Mansell expressed her appreciation for bringing this item forward and a desire to see the exemptions removed from the ordinance.

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Richard Burg encouraged Council to do more to address climate change and eliminate the exemptions from the proposed ordinance.

Tyra Benoit commented on the proposed Reach Code ordinance and encouraged council to eliminate the exemptions.

Merrilyn Joyce encouraged Council to move forward with eliminating the proposed exemptions in the Reach Code.

Mayor Jimenez closed the public input portion of the hearing.

In response to Council’s inquiries, Mr. Tiffany reviewed information on all-electric buildings.

Analyst Sampson reviewed what would happen if Council directed staff to re-write the ordinance.

Council Comments
Councilmember Hagele commented on the instability of the electric grid in California and expressed his support to adopt the ordinance as proposed by staff.

Mayor Jimenez commented on addressing climate change in Healdsburg and expressed his support to adopt the ordinance as proposed by staff.

Vice Mayor Kelley expressed her desire to see the Council do more to address climate change and wanted to see the exemptions removed from the proposed ordinance.

On a motion by Councilmember Hagele, seconded by Councilmember Mitchell, introduced for first reading an Ordinance of the City Council of the City of Healdsburg amending section

15.04.080 of the Healdsburg Municipal Code. The motion carried on a roll call vote. (Ayes 3, Noes – Kelley, Absent – None)
OLD BUSINESS – RENEWAL OF THE HEALDSBURG TOURISM IMPROVEMENT

DISTRICT
City Clerk Allan stated the action this evening was to receive public testimony on the request to renew the Healdsburg Tourism Improvement District (HTID), provided historical information on the HTID and reviewed the renewal process of the HTID.

Tallia Hart, CEO of the Healdsburg Chamber of Commerce, provided information on the HTID model, how the funds are collected and what the funds can be used for. Ms. Hart further reviewed recent Transient Occupancy Tax (TOT) totals, District Development Grants awarded

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since 2020, the five steps to renew the HTID and the proposed differences between the current HTID and the proposed renewal, noting the Chamber Board would become the HTID board and the current HTID board would be dissolved.

In response to Council’s inquiries, Ms. Hart provided information on the Chamber’s committees, why the Chamber is proposing a ten-year renewal period, who the biggest tourism competitor is, how Healdsburg is marketed to the industry, how the HTID funds are used to market the destination and the Chamber’s ability to include annual updates to the Council.

Public Comment
Chris Herrod commented on the renewal timeline, the decrease in the District Development funding and the overlap of the HTID and Chamber of Commerce Board.

Elizabeth Holmes commented on the RUDAT done in the 1980’s and how tourism developed in Healdsburg.

Dan Maraviglia commented on the cost to bring the Tourism Improvement District renewal to Council, expressed support for a ten year renewal and the District Development funding.

Will Seppi expressed his support for a term of ten years for the HTID renewal.

Brigette Mansell commented on tourism in Healdsburg was expressed her desire to see the HTID renewed for five years.

Richard Burg inquired why the structure of the HTID is proposed to be changed and was not in favor of reducing the District Development funding.

Valerie White opined that the District Development funds should stay at twenty percent.

Brooke Ross commented on the proposed term of the HTID, the proposed District Development funding and the tourism competition of Healdsburg.

Merrilyn Joyce expressed her desire to see Healdsburg support residents and not the tourism industry.

Civitas Project Manager Kelly Rankin commented on how the District Development funds could be used.

Katie Ambrosi expressed her support for the renewal of the HTID.

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Tallia Hart, CEO of the Healdsburg Chamber of Commerce, commented on what the Chamber promotes and the proposed combination of the HTID Board and the Chamber Board.

Council Comments
Councilmember Mitchell expressed her support for the District Development grant funding and was in favor of renewing the HTID for ten years.

Vice Mayor Kelley expressed her support for the District Development grant funding continuing at 20% and not 12.5% as proposed and was not in favor of allowing the flexible adjustment in the TID percentage.

Mayor Jimenez expressed his concern for the way the HTID is being proposed, the makeup of the board and expressed his desire to see the cap on administration fees raised to $85,000.

Councilmember Hagele commented on what the residents receive from the tourism industry, expressed his support for a renewal term of ten years, the funding for the District Development and the increase cap at two percent.

City Manager Kay informed Council this item would return to Council at the first meeting in October for further discussion.

OLD BUSINESS – COMMERCIAL CANNABIS USES – LAND USE CODE

AMENDMENTS
City Manager Kay stated the action this evening was to provide comments on the draft Cannabis Land Use Code Amendments and direct staff to proceed with the development of an Ordinance updating the code to allow commercial cannabis uses. City Manager Kay provided background information on the actions taken to date related to cannabis and the future actions Council may need to take if Council continues to move cannabis forward.

Community Development Director Duiven provided information on how the proposed cannabis ordinance is structured, the proposed permitted commercial cannabis uses including a storefront retailer, a microbusiness (without cultivation), cannabis manufacturing facility (non-volatile/no solvents), cannabis distributor and cannabis testing laboratory. Director Duiven further reviewed commercial cannabis uses not permitted as part of the proposed ordinance, zoning districts and permitted cannabis uses by district, the criteria for dispensary locations, noting the distances proposed at the May 5, 2022 discussion were reduced from 600 feet to 500 feet, from schools, licensed childcare facilities and youth centers and 250 feet from any park or library.

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Director Duiven further reviewed the proposed locations in Healdsburg that are available for a dispensary and the feedback staff is looking for from Council regarding commercial cannabis operations in Healdsburg.

In response to Council’s inquiries, Director Duiven reviewed why the Safeway shopping center was not included in the map of allowable locations, and if the Foley Family Pavilion would be considered a park. City Manager Kay commented on developing the request for proposal process.

Public Comment
Erin Gore clarified what is required to operate a microbusiness and encouraged Council to allow more flexibility in uses and zoning districts.

Ron Edwards commented on grant opportunities at the state level, and the timeline for the cannabis ordinance.

Eli Melrod commended Council and staff on the work done to date on the ordinance, addressed setback requirements and renewal requirements.

Brandon Levine commented on the proposed cannabis ordinance and expressed his happiness to see this item come before the City Council.

Claire commented on the proposed ordinance and expressed support for bringing local cannabis businesses to Healdsburg.

Council Comments
Vice Mayor Kelley expressed a desire to see delivery included as part of the microbusiness operation, removing the park designation from the West Plaza parking lot, Three North and the West Plaza Park and allow for the two retailers be microbusiness as well as just allowing two retailers.

Councilmember Hagele was also in favor of removing certain parks from the list of restrictions, including a local preference option to support the local farmers and inquired if the next meeting could include a security component and thanked staff for their work.

Mayor Jimenez expressed hesitation on cannabis businesses being located near the Plaza, was in favor of local preference, delivery option and allowing two microbusinesses.

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Councilmember Mitchell was in favor of removing from the list, the parks at Three North Street and West Plaza and including a delivery option.

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Councilmember Mitchell reported she attended the Chamber of Commerce BBQ at Rodney Strong Vineyards.

Vice Mayor Kelley reported she attend the Chamber of Commerce BBQ, inquired if Council could agendize a discussion on bollards along the Foss Creek Trail.

There was Council consensus to agendize a future discussion on bollards along the Foss Creek trail.

Councilmember Hagele reported he attended the Wildfire Protection Plan Meeting in Riversbend.

Mayor Jimenez reported he attended the Encuentro hosted by Acosta.

WRITTEN COMMUNICATIONS
None.

ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 10:00 p.m.

APPROVED: ATTEST:
_________________________________ __________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
September 19, 2022
City Hall Council Chamber
401 Grove Street, Healdsburg
.

CALL TO ORDER/ROLL CALL
Mayor/Chairperson Jimenez called to order the concurrent meeting of the City Council and Redevelopment Successor Agency of the City of Healdsburg at 6:00 P.M. with the following Councilmembers present/absent:

Present: Councilmembers/: Hagele, Kelley, Mitchell and Mayor Jimenez Board Members

Absent: Councilmembers/: None
Board Members

REPORT ON CLOSED SESSION(S)
None.

ANNOUNCEMENTS/PRESENTATIONS – POLLUTION PREVENTION AND CREEK

WEEK PROCLAMATION
Mayor Jimenez, with Council concurrence, issued a proclamation recognizing September 19-25, 2022 as Pollution Prevention Week and September 17-24, 2022 as Creek Week in the City of Healdsburg.

Students from The Healdsburg School accepted the Proclamation and read aloud statements on why they love Healdsburg.

ANNOUNCEMENTS/PRESENTATIONS – CALIFORNIA NATIVE AMERICAN DAY

PROCLAMATION
Mayor Jimenez with Council concurrence issued a proclamation recognizing September 23, 2022, as California Native American Day in the City of Healdsburg.

Clint McKay, enrolled member of the Dry Creek Rancheria Band of Pomo and Wappo Indians, commented on the struggles of Native Americans and thanked Council for the proclamation.

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CITY MANAGER REPORTS
City Manager Kay announced the City was working on the preparation of a Community Wildfire Protection Plan and has released a survey for the community to take and added next week would be the next Community Encuentro focused on youth and family and on October 6 would be the next Coffee with the City Manager.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NONAGENDA ITEMS Cooper Conrad commented on areas of concern around homelessness and inquired if Council could pursue a homelessness emergency solution to address some of the concerns.

Stephanie Turk expressed her support for an all electric Reach Code with no exceptions and inquired if Council could review why Healdsburg has the highest Green House Gas Emissions in the County.

Michael commented on the Bird Bike proposal and encouraged Council not to move forward with a three year pilot program.

CONSENT CALENDAR
Vice Mayor Kelley asked to remove Item 6C from the Consent Calendar for discussion. There was not Council consensus to remove Item 6C.

Mayor Jimenez recused from Items A & B as he has a perceived interest for owning a business at 116 Matheson Street.

On a motion by Vice Mayor Kelley, seconded by Councilmember Mitchell, approved the Consent Calendar as follows:

A. COMMUNITY SERVICES REQUEST FOR ROAD CLOSURE FOR THE TURKEY TROT ON NOVEMBER 24, 2022
This item was removed from the consent calendar to be voted on separately.

B. COMMUNITY SERVICES REQUEST FOR ROAD CLOSURES FOR DIA DE MUERTOS ON OCTOBER 30, 2022
This item was removed from the consent calendar to be voted on separately.

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C. REVIEW AND ATTEST TO THE VERACITY OF THE CALENDAR YEAR 2021

POWER SOURCE DISCLOSURE REPORT AND ATTESTATION
Adopted Resolution No. 139-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG ATTESTING TO THE VERACITY OF THE 2021

POWER SOURCE DISCLOSURE AND ASSOCIATED POWER CONTENT LABEL

AND DIRECTING STAFF TO SUBMIT THE REPORT TO THE CALIFORNIA ENERGY COMMISSION.” (Ayes, 4, Noes 0, Absent – None)
D. INCREASE APPROPRIATIONS IN THE PARKING IN LIEU FUND FOR

PARKING LOT REHABILITATION
Adopted Resolution No. 140-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING THE FISCAL YEAR 2022-2023 BUDGET TO INCREASE APPROPRIATIONS IN THE PARKING IN-LIEU FUND BY $36,672.” (Ayes, 4, Noes 0, Absent – None)
E. BIENNIAL REVISIONS TO LOCAL CONFLICT OF INTEREST CODE Adopted Resolution No. 141-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG, STATE OF CALIFORNIA, RESCINDING RESOLUTION NO. 108-2020 AND ADOPTING A REVISED LOCAL CONFLICT OF INTEREST CODE.” (Ayes, 4, Noes 0, Absent – None)
F. OVERNIGHT PARKING RESTRICTIONS ON EXCHANGE AVENUE
Adopted Resolution No. 142-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG PROHIBITING OVERNIGHT PARKING ON EXCHANGE AVENUE BETWEEN HEALDSBURG AVENUE AND ADELINE WAY.” (Ayes, 4, Noes 0, Absent – None)
G. ADOPTION OF RESOLUTION AUTHORIZING REMOTE MEETINGS
Adopted Resolution No. 143-2022, titled “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.” (Ayes, 4, Noes 0, Absent – None)

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The motion to approve the Consent Calendar as revised above carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)

COMMUNITY SERVICES REQUEST FOR ROAD CLOSURE FOR THE TURKEY TROT ON NOVEMBER 24, 2022 AND FOR DIA DE MUERTOS ON OCTOBER 30, 2022
On a motion by Councilmember Hagele, seconded by Councilmember Mitchell, approved the Community Services Department's request to implement road closures on Center Street and North Street for the proposed Healdsburg Turkey Trot on November 24, 2022 and approved the Community Service Department’s request to implement road closures on Plaza Street, Center Street and Matheson Street for the proposed Día de Muertos celebration on October 30, 2022.

The motion carried on a roll call vote, with Mayor Jimenez abstaining. (Ayes 3, Noes 0, Absent – None, Abstaining – Jimenez)

PUBLIC HEARINGS
None.

OLD BUSINESS – HEALDSBURG’S 2022 ELECTRIFICATION REACH CODE Utility Conservation Analyst Terra Sampson stated the action this evening was to adopt the 2022 Electrification Reach Code Ordinance. Ms. Sampson provided information on what a Reach Code is, reviewed a timeline of actions for the proposed Reach Code, GHG Emissions in Healdsburg, projected GHG Emissions for new homes in Healdsburg from 2023-2025 and the GHG Emissions for the proposed exceptions being included in the 2022 Electrification Reach Code.

Analyst Sampson further reviewed who the ordinance would apply to and the next steps in the process and when the ordinance would be effective.

In response to Vice Mayor Kelley’s question, Analyst Sampson provided information on when the Reach Code would be triggered on a new construction for a pool install and what the definition of a newly constructed building and substantial remodel.

Public Comment
Tyra Benoit thanked staff for all the hard work they have put into the ordinance and encouraged Council to move forward and adopt a Reach Code with no exemptions.

Don Taylor inquired if the Reach Code will apply to outdoor barbeques and if there is a substantial cost increase to require people to go all electric.

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Council Comments
Councilmember Mitchell inquired if Council could have a future discussion on the recently released RCPA report on GHG Emissions.

Councilmember Hagele expressed his support for the ordinance as brought forward by staff.

On a motion by Councilmember Hagele, seconded by Councilmember Mitchell, adopted Ordinance No. 1217 titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING HEALDSBURG MUNICIPAL CODE SECTION 15.04.080,

CALIFORNIA ENERGY CODE AMENDMENTS TO ADOPT AN AMENDED
ELECTRIFICATION REACH CODE.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
NEW BUSINESS – AGREEMENT FOR BIKE SHARE SERVICES WITH BIRD RIDES INC.

Transportation and Public Works Director Zimmer stated the action this evening was to approve an Agreement with Bird Rides Inc. for bike sharing services. Director Zimmer provided background information on the grant received from Cal Trans to implement an electric bike share service in Healdsburg and the intent of the program.

Director Zimmer introduced Robert Singleton from Bird Rides Inc. who provided additional information on what Bird Inc. does, the design of the E-Bike, how the E-Bike and the app work, implementing a local fleet manager and the timeline to launch the Bird bikes in Healdsburg. Mr.

Singleton further reviewed potential locations for the Bird bikes around Healdsburg, remote parking locations, rider pricing, planned community outreach and customer service options.

In response to Council’s inquiries, Mr. Singleton provided information on geofencing and how it works with the Bird bikes. Director Zimmer informed Council that Healdsburg would not be implementing geofencing in the beginning.

Public Comment
Brian Geagan inquired if Bird bikes would be associated with overall improvements with bicycle infrastructure in Healdsburg.

Michael expressed concern for the potential increase in bicycle traffic on Healdsburg Avenue without bicycle lanes and inquired how many injuries have happened in Santa Monica since Bird Bikes began there.

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Don Taylor expressed concern about the increase in bicycles during high traffic times in Healdsburg.

Council discussion ensued on geofencing, parking, outreach to the affordable housing complexes, the design of Healdsburg Avenue and engaging active Seniors in the Healdsburg community.

On a motion by Vice Mayor Kelley, seconded by Councilmember Mitchell, adopted Resolution No. 144-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING AN AGREEMENT FOR BIKE SHARE SERVICES WITH BIRD RIDES INC. IN THE NOT-TO-EXCEED AMOUNT OF $290,000.00 TO OPERATE AN

ELECTRIC BICYCLE SHARE PILOT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
NEW BUSINESS – ARTS AND CULTURE MASTER PLAN IMPLEMENTATION Community Services Director Themig introduced Claire O’Neill, member of the Creative Leadership Team, who would be joining in the presentation this evening. Director Themig reviewed the timeline of the evolution of the arts in Healdsburg, summarized the planning process, provided information on the common themes and opportunities that arose during the process and the five goals of the Arts and Culture Master Plan.

Director Themig further reviewed the feedback received from Council in August of 2021, the proposed implementation of the plan, including funding during FY 2022-23 and the proposed staff support to assist with the implementation plan.

Ms. O’Neill provided information on establishing Arts and Culture as a priority and the Creative Leadership Team.

In response to Council’s inquiries, Director Themig provided information on applying for grants to support the arts, the partnership with the Voight Foundation and the focus on temporary art installations versus permanent art installations.

Public Comment
Kathy Birdsong, Healdsburg Center for the Arts, commented on the creation of the Creative Leadership Team, the arts festival in the Plaza, Art After Dark and what Healdsburg Center for the Arts does on a daily basis.

Chris Herrod encouraged the Council to think big about the arts in Healdsburg and expressed excitement to see art grow.

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Gail Okumura Sullivan, Executive Director of Healdsburg Jazz, commented on the events Healdsburg Jazz hosts in Healdsburg throughout the year.

Mark McMullen thanked Council for the funding specifically for implementing arts in Healdsburg and commented on options the Creative Leader Team is developing to move the Arts Master Plan forward.

Jennifer Utsch thanked Council for the Community Benefit Grant she received prior to COVID19 and commented on how art affects the lives of people.

Tom Brand thanked Council for agendizing this discussion and informed council that art is an economic driver for the community, art brings the community together and the non-profit art organizations in Healdsburg fill the void that exist in the school system.

In response to Councilmember Mitchell’s inquiry, Director Themig provided information on where the $50,000 for the arts comes from.

Council Comments
Vice Mayor Kelley expressed her support for developing a fee to support the arts, integrating art into the parks design process, creating a fund that exists in perpetuity to support the arts, utilizing arts to heal the community and creating a digital presence for the arts in Healdsburg.

Mayor Jimenez expressed his support for the arts in Healdsburg, the proposed funding plan to support the arts going forward, applying for grants to support arts, defining what the Recreation Manager position does and developing a fee to support the arts.

Councilmember Hagele expressed his concern about the idea of developing a fee to support the arts and adding an additional fee to developers and revisiting the Creative Leader Team.

Councilmember Mitchell expressed a desire to hear more about the creation of the fee to support the arts and how art would be branded in Healdsburg.

City Manager Kay informed Council that staff could return with proposed options to fund arts in Healdsburg before returning with an ordinance implementing a process.

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING
Councilmember Hagele reported he attended the Great Redwood Trail Commission meeting and was heading to Olympic Valley for an NCPA meeting.

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Councilmember Mitchell had nothing to report.

Mayor Jimenez reported he would be participating in a panel discussion on BIPOC unity next week.

Vice Mayor Kelley reported she attended the Chamber of Commerce Board Meeting, the League of California Cities Annual Conference, visited the St. John’s Leadership class, Healdsburg High School Civic Class, met with Healdsburg Little League Board and mentioned the Eden Housing Application period for the Randal closes on Friday.

WRITTEN COMMUNICATIONS
None.

ADJOURNMENT
There being no other City Council/RSA business to discuss, Mayor Jimenez adjourned the City Council meeting at approximately 8:41 P.M.

APPROVED: ATTEST:
__________________________________ ___________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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Attachment: September 19, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023)

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
October 3, 2022

CITY HALL COUNCIL CHAMBER
401 Grove Street, Healdsburg
.

CALL TO ORDER/ROLL CALL
Mayor/Chairperson Jimenez called to order the concurrent meeting of the City Council and Redevelopment Successor Agency of the City of Healdsburg at 6:02 p.m. with the following Council Members present:

Present: Council Members/: Hagele, Kelley, Mitchell and Mayor Jimenez Board Members

Absent: Council Members/: None
Board Members

APPROVAL OF AGENDA
On a motion by Councilmember Hagele, seconded by Vice Mayor Kelley, approved the October 3, 2022, City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent - None)

REPORT ON CLOSED SESSION
None.

ANNOUNCEMENTS/PRESENTATIONS – INTERNATIONAL ACTIVE AGING WEEK, OCTOBER 3-9, 2022 PROCLAMATION
Mayor Jimenez, with Council concurrence, issued a Proclamation recognizing October 3-9, 2022 as Active Aging Week in the City of Healdsburg.

Yaquelin Buenrostro, Recreation Coordinator, thanked Council for the Proclamation and invited Council to attend the brunch on Wednesday at the Senior Center honoring Active Aging Week.

CITY MANAGER REPORTS
City Manager Kay provided information on changes to the Brown Act per AB2449 and added he would bring a presentation back to Council in the future. He announced the draft Housing Element Update has been released for public review and the design review and Mitigated Negative Declaration was approved for the affordable housing project at 155 Dry Creek Road.

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON

AGENDA ITEMS
None.

CONSENT CALENDAR
Vice Mayor Kelley removed Item 6I for further discussion and recused from Item 6E because she lives within 500 feet of the public utility easement.

On a motion by Councilmember Mitchell, seconded by Councilmember Hagele, approved the Consent Calendar as follows:

A. APPROVAL OF MINUTES
By motion, approved the June 6, 2022 Regular Meeting Minutes and the June 21, 2022 Special Meeting Minutes as submitted. (Ayes 4, Noes 0, Absent - None) B. RECEIVE THE MONTHLY INVESTMENT REPORT FOR AUGUST 2022 By motion, received and approved the Monthly Treasurer’s Investment Report for August 2022. (Ayes 4, Noes 0, Absent - None)
C. APPROVAL OF DISBURSEMENT REPORT FOR WITHDRAWALS DURING THE MONTH OF AUGUST 2022
By motion, approved the Disbursement Report for August 2022. (Ayes 4, Noes 0, Absent - None)
D. ACCEPTING A DEDICATION OF A PUBLIC SIDEWALK EASEMENT AT 1011

SUNNYSIDE DRIVE
Adopted Resolution No. 145-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING A DEDICATION OF A PUBLIC SIDEWALK EASEMENT AT 1011 SUNNYSIDE DRIVE (PORTION OF APN: 002-382- 004).” (Ayes 4, Noes 0, Absent - None)
E. ACCEPTING A DEDICATION OF A PUBLIC UTILITY EASEMENT AT 725

GROVE STREET
This item was removed from the Consent Calendar to be voted on separately.

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

F. EMERGENCY OPERATION CENTER OPTIMIZATION
Adopted Resolution No. 146-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING THE FISCAL YEAR 2022-2023 BUDGET

TO REALLOCATE FUNDS IN THE POLICE DEPARTMENT FOR EMERGENCY MANAGEMENT.” (Ayes 4, Noes 0, Absent - None)
G. AGREEMENT WITH ESI ACQUISITION, INC FOR WEBEOC
Adopted Resolution No. 147-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT ON BEHALF OF THE CITY WITH ESI ACQUISITION, INC FOR WEBEOC IN AN AMOUNT NOT TO EXCEED $120,950 OVER A FIVE-YEAR TERM.” (Ayes 4, Noes 0, Absent - None)
H. PUBLIC IMPROVEMENTS ACCEPTANCE FOR QUAKER HILL PROJECT

ASSOCIATES COMSTOCK RAILROAD GRADE CROSSING IMPROVEMENTS Adopted Resolution No. 148-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR THE

QUAKER HILL PROJECT ASSOCIATES RAILROAD GRADE CROSSING
IMPROVEMENTS AT THE COMSTOCK NORTH VILLAGE PROJECT; ACCEPTING A

ONE YEAR MAINTENANCE SECURITY AS DESCRIBED WITHIN THE PROJECT AGREEMENT; RELEASING THE FAITHFUL PERFORMANCE SECURITY AS DESCRIBED WITHIN THE PROJECT AGREEMENT; AUTHORIZING THE CITY

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

TO ACCEPT A GRANT OF PUBLIC RIGHT OF WAY, SUBJECT TO IMPROVEMENT,

ASSOCIATED WITH THE RAILROAD GRADE CROSSING AND OTHER PUBLIC

IMPROVEMENTS FOR INGRESS, EGRESS, ACCESS AND UTILITY PURPOSES

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

ACCEPT THE ASSIGNMENT OF EASEMENT FOR PUBLIC USE OVER RAILROAD PROPERTY FROM CCS HEALDSBURG, LLC TO THE CITY OF HEALDSBURG.” (Ayes 4, Noes 0, Absent - None)
I. HEALDSBURG AVENUE BRIDGE LIGHTING POLICY
This item was removed from the Consent Calendar to be voted on separately.

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

J. ADOPTION OF RESOLUTION AUTHORIZING REMOTE MEETINGS
Adopted Resolution No. 149-2022 titled, “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.” (Ayes 4, Noes 0, Absent - None)
The motion to approve the Consent Calendar as noted above carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
On a motion by Vice Mayor Kelley, seconded by Mayor Jimenez, removed Item 6I from the Consent Calendar. The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
ACCEPTING A DEDICATION OF A PUBLIC UTILITY EASEMENT AT 725 GROVE STREET
On a motion by Councilmember Mitchell, seconded by Councilmember Hagele, adopted Resolution No. 150-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEALDSBURG ACCEPTING A DEDICATION OF A PUBLIC UTILITY EASEMENT AT 725 GROVE STREET (PORTION OF APN: 089-120-093).” The motion carried on a roll call vote, with Vice Mayor Kelley abstaining. (Ayes 3, Noes 0, Absent – None, Abstaining – Vice Mayor Kelley)

HEALDSBURG AVENUE BRIDGE LIGHTING POLICY
Vice Mayor Kelley inquired if Hanukkah and Christmas could both be acknowledged in December with a time period for each during the month of December and have staff return with a list acknowledging other events.

Council discussion ensued on modifying the month of December, taking the approach of less is more with lighting the bridge, who decides when the bridge is lighted, having staff return with other options for lighting the bridge, permanent options to light the bridge to reduce staff time, the color options for acknowledging Hanukkah and allowing staff to determine to dates the bridge is lit for Christmas and Hanukkah.

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

On a motion by Vice Mayor Kelley, seconded by Councilmember Hagele, adopted a policy to govern the decorative lighting of the Healdsburg Avenue Bridge. The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None) PUBLIC HEARINGS – RENEWAL OF THE HEALDSBURG TOURISM

IMPROVEMENT DISTRICT
Tallia Hart, CEO of the Chamber of Commerce, provided a brief overview of what the Tourism Improvement District (TID) is, how it functions and the differences between the proposed TID and the current TID.

Public Comment
Dan Maraviglia, Chair of the Chamber of Commerce, commented on what the TID offers to the community of Healdsburg and urged the Council to support the TID.

Circe Sher, Hotel Healdsburg, H2 and Harmon Guest House, encouraged the Council to support the renewal of the HTID and commented on the District Development funds.

Elizabeth Holmes commented on the HTID, the beneficiaries of tourism and encouraged Council to support the renewal of the HTID.

Oshe Ingram commented on the types of businesses that would be affected if the HTID was not renewed.

Brooke Ross expressed her support for the renewal of the HTID.

Emily Harris commented on the marketing of businesses in Healdsburg and encouraged the Council to move forward with approving the HTID.

Council Comments
Vice Mayor Kelley expressed her desire to see all businesses in Healdsburg supported by the Chamber and not just focusing on one business sector.

Councilmember Hagele expressed his support to see the item move forward as proposed.

On a motion by Councilmember Hagele, seconded by Councilmember Mitchell, introduced for first reading, by title only, waiving further reading of the text, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG ADDING CHAPTER 3.34 TO TITLE 3

OF THE HEALDSBURG MUNICIPAL CODE RENEWING THE HEALDSBURG TOURISM

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

IMPROVEMENT DISTRICT AND DECLARING RESULTS OF THE MAJORITY PROTEST PROCEEDINGS.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
OLD BUSINESS – SD MEDIA PRODUCTIONS’ REQUEST FOR ALCOHOL CONSUMPTION, ROAD CLOSURES, AND WAIVER OF 24-HOUR SPECIAL EVENT VENUE USE FOR THE 2023 HEALDSBURG WINE AND FOOD EXPERIENCE

GRANT TASTING
Mayor Jimenez recused from this item as he owns a business in the vicinity of the proposed road closures.

Recreation Supervisor Milde stated the actions before Council this evening are to waive Healdsburg Municipal Code Section 9.12.170(A) that prohibits the consumption of alcohol in public parking lots for the Grand Tasting Event on Saturday, May 20, 2023 from Noon to 5:00 p.m.; grant an exception to Healdsburg Special Events Policy Section 2 that prohibits use of a downtown event venue for more than 24 hours for the Grand Tasting Event, effective 7:00 a.m., Friday, May 19, 2023 to 10:00 p.m., Sunday, May 21, 2023 and approve one-way road closures on Plaza and Matheson Streets between Center Street and Healdsburg Avenue and Center Street between Plaza and Matheson Streets on Saturday, May 20, 2023, from 7:30 a.m. to 1:00 p.m. for the Saturday Farmers’ Market to relocate to the Plaza.

Supervisor Milde provided background information on the Wine and Food Event, reviewed the 2023 proposed event layout, noting the Saturday Farmers’ Market would move to the Plaza for the day. Supervisor Milde further reviewed each individual request, noting staff supported the waiving of consumption of alcohol in public parking lots for the Grand Tasting event, the request for one-way road closures for the Saturday Farmers’ Market but did not support extending the use of the parking lot beyond the 24-hour special event use restriction for the grand tasting event or the exclusive use of the City Hall Parking Lot all day on Saturday during the event.

Supervisor Milde reviewed the additional conditions the applicant would need to follow to hold the event and what the next steps were in the process.

Steve Devaris, CEO of SD Media, introduced the event planners who provided additional information on the planned event, including additional tents, tables, road closures, the proposed timeframe of the event and noted they are comfortable with removing the request for exclusive use of the City Hall parking lot.

In response to Council’s inquiries, event planners Judy and Samantha, reviewed where the vendors are parking during the event, what time the Grand Tasting event will start, the proposed beneficiaries of the charitable contributions and proposed additional events in the off season.

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

Staff reviewed the possibility of including additional time being added to the front end to begin setup.

Public Comment
Susan Graf expressed her support for the proposed 2023 Healdsburg Wine and Food Experience moving forward.

John Stewart commented on the benefit to the local economy this event provides.

Suzanne Malich expressed her support for the proposed 2023 event and commented on the success of the 2022 event.

Emily Martin commented on the 2022 event and expressed her support for continuing the event going forward.

Valerie White commented on the participants during the events and encouraged Council to make this an event that celebrates Healdsburg, Healdsburg Farmworkers and Healdsburg charitable donations.

Will Seppi encouraged Council to enter into a multi-year agreement to assist the event producer and allow an additional day for setup of the event.

Maria Behan expressed her opposition to the event and commented on the organizers behind the event.

In response to Vice Mayor Kelley’s inquiries, Supervisor Milde provided information on smoking restrictions during the event and implementing some of the same event conditions this year.

Council Comments
Councilmember Hagele expressed his excitement about the Farmers’ Market being moved to the Plaza, supported adding an additional day for setup and staff returning in the future with a licensing agreement for a long-term event approval.

Councilmember Mitchell expressed her support for the additional day of setup and the compromise with the Farmers’ Market.

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

Vice Mayor Kelley expressed her desire to see proactive noticing about the closure of the parking lot on Thursday for an additional day of setup and a utilizing the same name as the previous event.

Council discussion ensued on requiring signage for parking locations, an annual report to Council, serving Sonoma County wines in the event, the benefit to the local community and requiring conditions on the event.

On a motion by Councilmember Hagele, seconded by Councilmember Mitchell, waived Healdsburg Municipal Code Section 9.12.170(A) that prohibits the consumption of alcohol in public parking lots for the Grand Tasting Event on Saturday, May 20, 2023 from Noon to 5:00 p.m.; granted an exception to Healdsburg Special Events Policy Section 2 that prohibits use of a downtown event venue for more than 24 hours for the Grand Tasting Event, effective 7:00 a.m., Thursday, May 18, 2023 to 10:00 p.m., Sunday, May 21, 2023 and approved one-way road closures on Plaza and Matheson Streets between Center Street and Healdsburg Avenue and Center Street between Plaza and Matheson Streets on Saturday, May 20, 2023, from 7:30 a.m. to 1:00 p.m. for the Saturday Farmers’ Market to relocate to the Plaza. The motion carried on a roll call vote with Mayor Jimenez abstaining. (Ayes 3, Noes 0, Absent – None, Abstaining – Jimenez)

NEW BUSINESS
None.

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Councilmember Mitchell reported she would be attending the Mayors’ & Councilmembers Dinner on October 13, 2022.

Councilmember Hagele reported he attended the annual NCPA Conference, attended a design dialogue at Craftwork, the Encuentro at the Community Center, the Los Cien event and inquired if Council was interested in agendizing a discussion on a camping ordinance.

There was Council consensus to support a future discussion on a camping ordinance.

Mayor Jimenez reported he attended the Los Cien event, the Reach For Home annual event and Senator McGuire’s Chili cookoff.

Vice Mayor Kelley reported she attended the Reach For Home event, the Foss Creek Cleanup, the Bird vendor demonstration in the Plaza, the Los Cien event, commented on the closure of

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023) City Council/RSA Regular Meeting Minutes
October 3, 2022

Campo Fina and requested a future Council discussion on what other cities are doing with vacant spaces.

There was not Council majority to agendize the discussion on vacant spaces.

City Manager Kay stated the proposed work on inventorying vacant business space would be included in the next contract with the Chamber.

WRITTEN COMMUNICATIONS
The City Council received the report on the actions taken by the Planning Commission at its September 13, 2022, meeting.

ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 8:11 p.m.

APPROVED: ATTEST:
_________________________________ __________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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Attachment: October 3, 2022 Regular Meeting Minutes (3980 : Approval of Minutes - January 23, 2023)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Public Utility Easement across 1115 Vine Street, APN 002-820-003 PREPARED BY: Randy Long, Senior Electric Engineering Technician STRATEGIC INITIATIVE(S):

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

Adopt a Resolution accepting a Public Utility Easement from RM Healdsburg LTD ("Safeway") at 1115 Vine Street, APN 002-820-003.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

In order to own, inspect, maintain, and repair utility equipment sited on private property, public utilities require the dedication of public utility easements. These public utility easements preserve the City’s right to continue to provide utility service to the property and/or neighboring properties. Public utility easements also grant the utility the right of entry to the property as needed to maintain utility service.

DISCUSSION/ANALYSIS:

R/M Healdsburg, LTD has offered an easement to the City of Healdsburg for public utilities to be installed at the property commonly known as 1115 VINE ST., APN 002-820-003 (portion).

The public utility easement will protect the rights of the City to perform such functions as maintaining, inspecting, operating, repairing, and replacing public utilities within the easements.

The proposed work will install electric utility equipment (high-voltage switches, transformers, and underground cable) on private property. This equipment is necessary to serve the increased energy demand required of the direct-current (DC) fast charging stations to be installed and paid for by Electrify America.

The recommended resolution accepts the dedication of these public utility easements over a portion of the property named above, authorizes the City Manager to certify the acceptance of

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the easement, and directs staff to record the public utility easements with the Sonoma County Recorder’s office.

ENVIRONMENTAL STEWARDSHIP:

This PUE will allow the City to place and maintain electric utility equipment necessary to serve Electrify America’s DC fast chargers. The installation of additional EV charging station helps support climate goals and the transition away from fossil fuels.

ALTERNATIVES:

The City could reject the offer of dedication and provide further direction to staff. Without the acceptance of dedication of the easement the City may not be able to provide utility services to the property, therefore hindering the development of this site. Additionally, should staff be directed to not record the easement with the County the easement would not appear on title reports leaving subsequent buyers unaware of the public utility easement and encumbrances upon the property.

FISCAL IMPACT:

There is no fiscal impact for the City related to the proposed action. The work performed by the City will be reimbursed by the contractor and the PUE across private lands is at no cost to the City.

ENVIRONMENTAL ANALYSIS:

The acceptance of public utility easements is not subject to the provisions of the California Environmental Quality Act (CEQA) because the acceptance is administrative and not a project, since it is not a discretionary action by a governmental agency and will not have a direct or reasonably foreseeable indirect impact on the environment.

ATTACHMENT(S):

Resolution
Easement

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ACCEPTING A PUBLIC UTILITY EASEMENT
FROM R/M HEALDSBURG LTD, 1115 VINE ST, APN 002-820-
003
WHEREAS, R/M Healdsburg, LTD is the record owner (hereafter “Owner”) of real property commonly known as 1115 Vine Street, APN 002-820-003 (portion), Healdsburg, California; and
WHEREAS, Owner has offered to the City of Healdsburg dedication of an easement for public utilities over APN 002-820-003 (portion); and
WHEREAS, the City needs the Public Utility Easement over this property to operate, inspect, maintain, repair, or replace public utilities installed within the easement; and WHEREAS, said easements for public utilities are described in the attachment to the resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby find that accepting this easement is in the best interests of the City and its residents and hereby accepts said Public Utility Easement, authorizes the City Manager to certify acceptance, and directs staff to file the Public Utility Easements with the Sonoma County Recorder’s Office for recordation.

PASSED, APPROVED AND ADOPTED, this 20th day of March 2023, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
__________________________________ ______________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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Attachment: Resolution (3888 : Public Utility Easement for Safeway Lot) N:\0021997.Z0\DWG\0021997.ZO-ESF01_NEW EASEMENT.DWG MJW AM
© 2021 Westwood Professional Services, Inc.

FIELD WORK DATE: . FIELD CREW: . DRAWN: CHECKED: DESIGNED: 2 1 SHEET NUMBER:

DATE:

Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 OF Fax (952) 937-5822 Minnetonka, MN 55343 Tol Free (888) 937-5150 SITE 210068
SAFEWAY 0998
PROJECT NUMBER: 0021997.ZO

IN THE CITY OF HEALDSBURG,

COUNTY OF SONOMA,
STATE OF CALIFORNIA 11/04/2022
EXHIBIT "A"
LEGAL

DESCRIPTION
APN: 002-820-003-000

CITY OF HEALDSBURG EASEMENT
AN EASEMENT WITHIN PARCEL 2, AS SHOWN ON THE MAP VINEYARD PLAZA SHOPPING CENTER, FILED JANUARY 27 1983, IN BOOK 342 OF MAPS, AT PAGE 14 AND 15, IN THE OFFICE OF COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 69 DEGREES 47 MINUTES 00 SECONDS WEST, ASSUMED BEARING ALONG THE NORTHERLY LINE OF SAID PARCEL 2, A DISTANCE OF 14.59 FEET; THENCE SOUTH 01 DEGREE 39 MINUTES 03 SECONDS EAST, A DISTANCE OF 5.27 FEET TO THE SOUTHERLY LINE OF A 5.00 FOOT WIDE PUBLIC UTILITY EASEMENT, AS SHOWN ON SAID MAP VINEYARD PLAZA SHOPPING CENTER AND THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE CONTINUING SOUTH 01 DEGREE 39 MINUTES 03 SECONDS EAST, A DISTANCE OF 12.83 FEET; THENCE SOUTH 02 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 7.17 FEET; THENCE SOUTH 14 DEGREES 07 MINUTES 34 SECONDS WEST, A DISTANCE OF 9.33 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 47 SECONDS WEST, A DISTANCE OF 1.32 FEET; THENCE SOUTH 26 DEGREES 37 MINUTES 08 SECONDS EAST, A DISTANCE OF 45.94 FEET; THENCE SOUTH 35 DEGREES 53 MINUTES 13 SECONDS EAST, A DISTANCE OF 14.27 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 03 SECONDS EAST, A DISTANCE OF 10.35 FEET; THENCE NORTH 34 DEGREES 07 MINUTES 04 SECONDS WEST, A DISTANCE OF 3.48 FEET; THENCE NORTH 55 DEGREES 52 MINUTES 56 SECONDS EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID 5.00 FOOT WIDE PUBLIC UTILITY EASEMENT; THENCE SOUTHEAST 25.00 FEET ALONG SAID WESTERLY LINE OF THE 5.00 FOOT WIDE PUBLIC UTILITY EASEMENT, BEING A NON-TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1,744.12 FEET, A CENTRAL ANGLE OF 00 DEGREES 49 MINUTES 17 SECONDS AND A CHORD BEARS SOUTH 34 DEGREES 07 MINUTES 04 SECONDS EAST; THENCE SOUTH 55 DEGREES 52 MINUTES 56 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 34 DEGREES 07 MINUTES 04 SECONDS WEST, A DISTANCE OF 3.58 FEET; THENCE SOUTH 57 DEGREES 02 MINUTES 28 SECONDS WEST, A DISTANCE OF 7.05 FEET; THENCE NORTH 63 DEGREES 52 MINUTES 35 SECONDS WEST, A DISTANCE OF 23.17 FEET; THENCE NORTH 35 DEGREES 53 MINUTES 13 SECONDS WEST, A DISTANCE OF 18.14 FEET; THENCE NORTH 26 DEGREES 37 MINUTES 08 SECONDS WEST, A DISTANCE OF 49.15 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 47 SECONDS EAST, A DISTANCE OF 4.04 FEET; THENCE NORTH 06 DEGREES 02 MINUTES 12 SECONDS WEST, A DISTANCE OF 12.72 FEET; THENCE NORTH 01 DEGREE 42 MINUTES 49 SECONDS WEST, A DISTANCE OF 8.32 FEET; THENCE NORTH 11 DEGREES 49 MINUTES 22 SECONDS EAST, A DISTANCE OF 2.86 FEET, TO A POINT ON SAID SOUTHERLY LINE OF THE 5.00 FOOT WIDE PUBLIC UTILITY EASEMENT; THENCE NORTH 69 DEGREES 47 MINUTES 00 SECONDS EAST, ALONG SAID SOUTHERLY LINE OF THE

5.00 FOOT WIDE PUBLIC UTILITY EASEMENT, A DISTANCE OF 14.12 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED EASEMENT CONTAINS AN AREA OF APPROXIMATELY 0.044 ACRES (1,912 SQ. FT.) AND IS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HERE OF.

SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORD, IF ANY.

BASIS OF BEARINGS: NORTHWESTERLY LINE OF PARCEL 2, AS SHOWN ON THE MAP VINEYARD PLAZA SHOPPING CENTER, FILED JANUARY 27 1983, IN BOOK 342 OF MAPS, AT PAGE 14 AND 15, IN THE OFFICE OF COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, IS ASSUMED TO BEAR SOUTH 69 DEGREES 47 MINUTES 00 SECONDS WEST AND IS SHOWN ON THE ATTACHED EXHIBIT "B".

Exp. 3/31/2024

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Attachment: Easement (3888 : Public Utility Easement for Safeway Lot) S75°32'13"W 600.10
241.16 N26°27'43"W

FOUND MAG NAIL

WITH WASHER

FOUND CAPPED IRON
PIPE INSCRIBED LS 3216
OWNER: R/M HEALDSBURG LTD
GRANT DEED, 8/31/2012
DOC. NO. 2012085501
APN: 002-820-003-000
ADDRESS: 1115 VINE STREET,
HEALDSBURG, CA., 95448
EASEMENT (1,912± SQ. FT.)
S57°02'28"W

7.05 N63°52'35"W 23.17

18.14 N35°53'13"W
N26°37'08"W 49.15
N00°22'47"E

4.04 N06°02'12"W

12.72 N01°42'49"W

8.32 N11°49'22"E

2.86 N69°47'00"E

14.12 S01°39'03"E

12.83 S02°45'38"W

7.17 S14°07'34"W

9.33 S00°22'47"W

1.32 S26°37'08"E 45.94S35°53'13"E

14.27 N89°10'03"E

10.35 N34°07'04"W

3.48 N55°52'56"E 25.00
L=25.00
R=1744.12
Δ=0°49'17"
CHB=S 34°07'04" E
CH=25.00

25.00 S55°52'56"W
N34°07'04"W

3.58 S01°39'03"E

5.27 VINE ST.

P.O.C.

MOST NORTHERLY CORNER
OF PARCEL 2,PER THE MAP

VINEYARD PLAZA SHOPPING CENTER
P.O.B.

NORTHERLY LINE OF
PARCEL 2, PER THE MAP

VINEYARD PLAZA

SHOPPING CENTER

BASIS OF BEARING
WEST MATHESON ST.

S69°47'00"W

14.59 10
5 5
EXISTING 5' WIDE PUBLIC UTILITY EASEMENT

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FIELD WORK DATE: . FIELD CREW: . DRAWN: CHECKED: DESIGNED: 2 2 SHEET NUMBER: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 OF Fax (952) 937-5822 Minnetonka, MN 55343 Tol Free (888) 937-5150 0 20' 40'
DATE:

EXHIBIT "B"
SKETCH
SITE 210068
SAFEWAY 0998
PROJECT NUMBER: 0021997.ZO

IN THE CITY OF HEALDSBURG,

COUNTY OF SONOMA,
STATE OF CALIFORNIA 11/04/2022
Exp. 3/31/2024

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Attachment: Easement (3888 : Public Utility Easement for Safeway Lot)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: 2023 Amendment to the Biosolids hauling and Disposing Agreement 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 amending the hauling and disposal of biosolids purchase order with Recology Inc. by increasing the not-to-exceed amount to $328,893.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City owns and operates the Water Reclamation Facility (WRF) that provides tertiary treatment to the City sanitary sewage. The WRF uses a biological process to remove pollutants from the sewage by feeding the sewage to bacteria. During the process, the bacteria biomass increases and periodically a portion of the bacteria biomass needs to be removed. The removed bacteria biomass is referred to as “biosolids.” Once the biosolids are removed from the process, they are dewatered to recover as much water from the biomass as possible, then the biosolids are hauled away and disposed of properly.

In 2021, the City advertised bids for the hauling and disposal of biosolids. The lowest responsible bidder was Recology with a bid of $1,701.74 per load for an estimated 84 load per year over a two-year period, for a total cost of $285,893. The resolution and purchase order were prepared indicating a total two-year cost of $258,893, sufficient for 76 loads per year or 152 loads over the two-year agreement period. The value entered in the resolution and the purchase order is a transposition error of the numbers in the calculated cost.

DISCUSSION/ANALYSIS:

Prior to the hauling and disposal contract, biosolids filled a 9 cubic yard roll-off bin, were hauled

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away for disposal under the City’s solid waste franchise agreement, and not tracked in detail.

When biosolids were removed from the solid waste franchise agreement, and funded directly through the wastewater enterprise, the number of loads needed to be estimated. This estimation was based on the best information at the time at about 84 loads per year, based on approximately 1 to 2 load per week.

However, actual practice of filling the trucks while not overloading the trailers resulted in approximately 97 loads per year, equal to approximately 42 more trips than the purchase order agreement has funding. The agreement to haul and dispose of the biosolids is based on the City staff filling the trailer. Staff have been using trailer scales to maximize each load while still having the loads leave with legal wheel weights.

Additional funding of the existing purchase order agreement is necessary to continue to have the biosolids hauled and disposed of under the low-bid agreement. The existing purchase order agreement expires on April 21, 2023. Staff have advertised a request for proposals to replace the existing purchase order agreement when it expires. Staff recommends that the existing purchase order agreement for biosolids hauling and disposing be funded to address the number of loads anticipated through the purchase order term, until the new purchase order agreement for biosolids hauling and disposing is in place. This would entail funding for approximately additional 41 loads for a total increase to the purchase order agreement of $70,000.

ENVIRONMENTAL STEWARDSHIP:

Modification to the biosolids hauling and disposing from the WRF consists of eliminating the use of multiple trips per week with a with 9-cubic yard bin (the practice prior to November 2020), and replaced it with two trips per week with a 40-foot trailer. This reduces truck traffic and the potential environmental impacts that accompany a higher number of trips per week.

ALTERNATIVES:

City Council could decline to amend the agreement with Recology, Inc. Should City Council elect to not amend this agreement, Council should provide direction to staff on how to proceed with the biosolids hauling and disposing.

FISCAL IMPACT:

The wastewater treatment operations account for the Wastewater Fund has $163,023.96 charged to date against a budget of $430,300. Staff believes the wastewater treatment budget of the Wastewater Fund is sufficient to fund the $70,000 cost increase due to greater than estimated biosolids hauling and disposing quantity. No additional appropriations are necessary for the recommended action.

ENVIRONMENTAL ANALYSIS:

Biosolids hauling and disposing was evaluated in the 2005 environmental impact report prepared for the WRF which found impacts for this process to be less than significant. The recommended action is ministerial in nature and is therefore not subject to review under the California Environmental Quality Act.

ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION XX-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AMENDING THE HAULING AND DISPOSAL
OF BIOSOLIDS PURCHASE ORDER WITH RECOLOGY, INC.

BY INCREASING THE NOT-TO-EXCEED AMOUNT TO
$328,893
WHEREAS, the City of Healdsburg (“City”) owns and operates a wastewater treatment plant to provide tertiary treatment to the City’s sanitary sewage; and WHEREAS, the wastewater treatment process produces a waste biomass (biosolids) that must be dewatered and properly disposed; and
WHEREAS, the City has competitively bid the hauling and disposing of biosolids to allow to provide the most cost-efficient approach for this service while maintaining transparency to the rate payers; and
WHEREAS, the lowest responsive bid was offered by Recology, Inc. for an amount of $1,701.74 per haul/disposal trip for an estimated 84 trips per year for an estimated annual cost of $142,946.16 per year; and
WHEREAS, the purchase order agreement was funded at $258,892.32 for the two-year term of the agreement, equivalent to 76 rips per year; and WHEREAS, the actual number of trips per year is approximately 97 per year and will result in approximately 42 additional trips than originally estimated; and WHEREAS, a new agreement for biosolids hauling and disposing will not be in place prior to funds for the existing agreement being exhausted at the present rate of trips per week; and WHEREAS, biosolids hauling and disposing was evaluated in the 2005 environmental impact report prepared for the WRF which found impacts for this process to be less than significant, and the action of amending the budget of the contract for hauling and disposing of biosolids is a ministerial in nature and is therefore not subject to review under the California Environmental Quality Act.

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

1. Finds that amending the agreement to fund more trips than initially estimated to be ministerial and not subject to review under the California Environmental Quality Act.

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Attachment: Resolution (3968 : 2023 Amend Biosolids Hauling and Disposing Agreement) Resolution No. -2023

2. Amends the Agreement with Recology Inc., to haul and dispose of biosolids, increasing the not-to-exceed limit by $70,000 and revising the purchase order agreement not-toexceed limit to be $328,893.

3. Authorizes the City Manager to execute an amendment to the agreement.

PASSED, APPROVED AND ADOPTED this 20th day of March, 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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Attachment: Resolution (3968 : 2023 Amend Biosolids Hauling and Disposing Agreement)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Fitch Mountain Public Access Improvement Pedestrian Footbridges PREPARED BY: Jaime Licea, Parks Superintendent
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution amending the Purchase Order for the Fitch Mountain Public Access Improvement Pedestrian Footbridges with Excel Bridge Manufacturing CO and increasing the not-to-exceed amount by $4,491 for a total of $54,391 and authorizing the City Manager to execute the contract amendment on the City's behalf.

COMMUNITY ENGAGEMENT/OUTREACH:

In 2016 City staff conducted several public meetings with community members and local stakeholder groups to help identify key topics to be addressed in the Fitch Mountain Park and Open Space Preserve Management Plan. One of the outcomes from the community meetings was for the City to develop a formal entrance to (“public access improvements”) Fitch Mountain Park and Open Space Preserve (“Preserve”), and the requested action will help fulfill this work.

BACKGROUND:

The Fitch Mountain Park and Open Space Preserve Management Plan identified public access improvements to access the Preserve from the Villa Chanticleer lower parking lot. A component of the public access improvements is to install pedestrian footbridges to cross a seasonal creek and access the fire road.

Consequently, staff enlisted the services of Excel Bridge Manufacturing CO to design and build two pedestrian footbridges in August of last year to ensure the project would meet the construction timeline of summer 2023.

DISCUSSION/ANALYSIS:

The current purchase order with Excel Bridge Manufacturing CO did not include taxes for the pedestrian footbridges; therefore, the purchase order needs to be amended to include taxes ($4,491) for the project. The additional $4,491 to cover the costs necessary for the pedestrian

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footbridges will bring the total cost to $54,391.

Staff are requesting that the original purchase order with Excel Bridge Manufacturing CO be amended by an additional $4,491 to cover the costs necessary for the pedestrian footbridges. The additional budget request will bring the total costs to $54,391.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

City Council may choose not to approve the contract amendment and provide direction to staff.

This alternative is not recommended since developing the public access improvements is a condition of the City Council approved Fitch Mountain Park and Open Space Preserve Management Plan
FISCAL IMPACT:

The proposed amendment to the Excel Bridge Manufacturing CO purchase order will cost $4,491, bringing the total contract value to $54,391. The Fiscal Year 2022-23 Adopted Budget for the Fitch Mountain Park and Open Space Preserve project is $2,777,099.

ENVIRONMENTAL ANALYSIS:

Amending the current purchase order with Excel Bridge Manufacturing CO is not subject to the provisions of the California Environmental Quality Act (CEQA) because approving an amendment to the purchase order is not a project since it will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AMENDING THE PURCHASE ORDER FOR

THE FITCH MOUNTAIN PUBLIC ACCESS IMPROVEMENT

PEDESTRIAN FOOTBRIDGES WITH EXCEL BRIDGE
MANUFACTURING CO AND INCREASING THE NOT-TOEXCEED AMOUNT BY $4,491 FOR A TOTAL OF $54,391 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT ON THE CITY’S BEHALF
WHEREAS, the Fitch Mountain Park and Open Space Preserve Management Plan identified public access improvements to access the Preserve from the Villa Chanticleer lower parking lot. A component of the public access improvements is to install a pedestrian footbridge to cross a seasonal creek, and access the fire road; and WHEREAS, staff enlisted the services of Excel Bridge Manufacturing CO to design and build two pedestrian footbridges in August of last year to ensure the project would meet the construction timeline of summer 2023; and
WHEREAS, the current purchase order with Excel Bridge Manufacturing CO did not include taxes for the pedestrian footbridges; therefore, the purchase order needs to be amended to include taxes ($4,491) for the project. The additional $4,491 to cover the costs necessary for the pedestrian footbridges will bring the total cost to $54,391; and WHEREAS, staff are requesting that the original purchase order with Excel Bridge Manufacturing CO be amended by an additional $4,491 to cover the costs necessary for the pedestrian footbridges. The additional budget request will bring the total costs to $54,391; and WHEREAS, amending the current purchase order with Excel Bridge Manufacturing CO is not subject to the provisions of the California Environmental Quality Act (CEQA) because approving an amendment to the purchase order is not a project since it will not result in direct or indirect physical changes to the environment.

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

1. Amends the Purchase Order with Excel Bridge Manufacturing CO, to increase the not-toexceed amount by $4,491 for a total of $54,391.

2. Authorizes the City Manager to execute the contract amendment.

3. Finds that amending the current purchase order with Excel Bridge Manufacturing CO is not subject to the provisions of the California Environmental Quality Act (CEQA) because

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Attachment: Resolution (3970 : Fitch Mountain Public Access Improvement Pedestrian Footbridges) Resolution No. -2023

approving an amendment to the purchase order is not a project since it will not result in direct or indirect physical changes to the environment.

PASSED, APPROVED, AND ADOPTED this 20
th day of March 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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Attachment: Resolution (3970 : Fitch Mountain Public Access Improvement Pedestrian Footbridges)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Application for the Prohousing Incentive Pilot (PIP) Program 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 Prohousing Incentive Pilot (PIP) Program and authorizing the City Manager to execute the agreement and any other documents necessary to complete the transaction.

COMMUNITY ENGAGEMENT/OUTREACH
This item will be heard at a public meeting in which the public will be provided with an opportunity to provide comment on the adoption of this resolution and staff’s recommendation to participate in the Prohousing Incentive Program.

BACKGROUND:

In 2019, AB 101 established the Prohousing Designation Program (PDP) administered by the California Department of Housing and Community Development (HCD). The PDP creates incentives for jurisdictions that are compliant with housing laws, housing element requirements, and have enacted Prohousing local policies that go beyond existing law.

On June 7, 2021, HCD released the PDP Emergency Regulations and Jurisdictions were able to begin applying for the Prohousing Designation starting July 1, 2021. Applications are reviewed on a rolling basis.

On December 15, 2022, HCD released a notice of funding availability and final guidelines for the Prohousing Incentive Pilot Program (PIP) funded through Chapter 364, Statutes of 2017 (SB 2, Atkins), which established the Building Homes and Jobs Trust Fund. The PIP program awards funds based on jurisdiction size and Prohousing Designation Program score based upon their PDP application.

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On September 6, 2022, the City Council adopted Resolution NO. 135-2022 authorizing the City Manager to submit a PDP application to HCD.

On December 19, 2023, the City of Healdsburg submitted its PDP application to HCD and on March 6, 2023, the City received comments from HCD on the City’s PDP application.

DISCUSSION/ANALYSIS:

Staff recommends the City Council adopt a resolution authorizing the City Manager to submit an application for the Prohousing Incentive Pilot Program and authorizing the City Manager to execute the agreement and any other documents necessary to complete the transaction. The proposed resolution for Council consideration is an application threshold requirement needed for the PIP program and provided by the State.

While the City has submitted its PDP application to HCD, the City is still in the process of receiving the designation and responding to comments. The submittal of this application was done in conjunction with the development of the City’s 6th Cycle Housing Element update, as many of the programs proposed in the 6th Cycle Housing Element are used for scoring criteria in the PDP and PIP application.

Based upon PIP guidelines, the certification of the City’s Housing Element and the award of a “Prohousing Designation” are two of the threshold requirements necessary to be awarded funding through the PIP program. The City does not currently have either of these designations but is in the process of receiving both. Based on conversations with HCD representatives, we have been encouraged to apply in advance of these designations.

Should the Council approve this resolution, staff will submit the application to the PIP program and will work with HCD to determine the total amount the City is eligible to apply for once the scoring of the City’s Prohousing application is finalized.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The Council may choose not to approve the resolution to submit a Prohousing Incentive Pilot Program Application to HCD for funding. Should the Council choose not to approve the resolution, staff would seek further direction.

FISCAL IMPACT:

The final score of the City’s pending Prohousing Designation Program application will determine the City’s ranking for funding priority as well as the total eligible award amount for the Prohousing Incentive Pilot Program. The PIP program allocated over $3.8 million in funding for the Bay Area and $6.4 million as a residual set-aside. If awarded the City’s total amount will consist of a base award determined by population and bonus award determined by the final score of the PDP. The City will be eligible for a $75,000 base award, and $10,000 for each point the City receives on the Prohousing Designation Score.

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ENVIRONMENTAL ANALYSIS:

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

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 PROHOUSING

INCENTIVE PILOT PROGRAM AND AUTHORIZING THE

CITY MANGER TO EXECUTE THE AGREEMENT AND ANY

OTHER DOCUMENTS NECESSARY TO COMPLETE THE

TRANSACTION
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or “PIP”); and
WHEREAS, the City Council of Healdsburg desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on December 15, 2022 in the amount of $25,705,545.65 for PIP.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg (“Applicant”) resolves as follows:

SECTION 1. The City Manager is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $575,000;
SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Healdsburg is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $575,000 and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement.

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Attachment: Resolution (3974 : Prohousing Incentive Pilot (PIP) Program Application) Resolution No. -2023

Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

PASSED AND ADOPTED by the City Council of the City of Healdsburg, this 20th day of March, 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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Attachment: Resolution (3974 : Prohousing Incentive Pilot (PIP) Program Application)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Review and renew City of Healdsburg Military Equipment Use Ordinance and Policy and review and approve annual Military Equipment Report PREPARED BY: Matt Jenkins, Police Chief
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution renewing Chapter 2.60 of the Healdsburg Municipal Code entitled Military Equipment Use Ordinance, Healdsburg Military Equipment Use Policy 707, and finding that the annual Military Equipment Report complies with the standards of approval set forth in Government Code Section 7071(d).

COMMUNITY ENGAGEMENT/OUTREACH:

The California Government Code and Healdsburg Municipal Code require that, within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. This community meeting will be held withing the prescribed timeframe at the Healdsburg Police Department.

BACKGROUND:

Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §§7070, et seq.) required legislative bodies to adopt ordinances approving military equipment use policies.

Adopting such policies was required before law enforcement agencies could continue to engage in activities related to the use of “military equipment” as defined in the Government Code. The Healdsburg Police Department has “military equipment” in its inventory and engages in critical public safety activities in coordination with other local jurisdictions. Pursuant to AB 481, on April 18, 2022, the City Council adopted Ordinance No. 1215, adding Chapter 2.60 to the HMC, which approved a military equipment use policy for police services, and included an inventory (report) of the City’s military equipment. The Government Code and HMC require the City

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Council to conduct an annual review of the Military Equipment Use Ordinance and Policy and vote on whether to renew the Ordinance and Policy. As explained in more detail below, the Government Code also requires an annual review of the military equipment report.

DISCUSSION/ANALYSIS:

The proposed resolution (Attachment 1) would confirm that the City Council has reviewed the Healdsburg Military Equipment Use Ordinance (Attachment 2), the Healdsburg Military Equipment Use Policy 707 (Attachment 3) and the annual military equipment report (attachment 4).

As required by Government Code §7071(e)(1) and HMC 2.60.030(F):

The [City Council] shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and…vote on whether to renew the ordinance at a regular meeting held pursuant to the Brown Act.

On April 18, 2022, the City Council adopted Ordinance No. 1215 implementing HMC Chapter

2.60 as well as the Healdsburg Military Equipment Use Policy 707 (Policy 707) which are attached hereto as attachments 2 and 3, respectively.

The Police Department is responsible for ensuring that all provisions of Government Code §§7071 and 7072 and HMC Chapter 2.60 are met. The Council will continue to be required by law to review at least annually the ordinance and policy and will have the opportunity to renew it or make any necessary changes.

Policy 707 approves the continued use by authorized and trained personnel of equipment currently in the Police Department’s inventory when the use is necessary to maintain safety.

Policy 707 also allows the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City when exigent circumstances require a swift response. The Department works closely with other local, county, state and federal law enforcement agencies on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies. In exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of the community. When military equipment is used under exigent circumstances, the proposed ordinance requires prompt reporting on the use to the City Council.

In addition, pursuant to Government Code § 7071(e)(2) and HMC 2.60.050, the City Council shall determine, based on the annual military equipment report (attachment 4), whether each type of military equipment identified in that report has complied with the standards of approval set forth in §7071(d) and HMC 2.60.030(D). The standards for approval are set forth below. Staff believes that Council can make the required findings because:

1. Authorizing the use of military equipment is necessary because there is no reasonable

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alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of the Healdsburg Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.

2. The proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Healdsburg.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.

ALTERNATIVES:

Council could make changes to the Military Equipment Use Policy and/or ordinance or choose to discontinue the policy.

FISCAL IMPACT:

There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement agencies, including in mutual aid circumstances. Maintenance costs of existing equipment is within the Department’s budget. Additional equipment sought, as identified in the annual military equipment report (attachment 4), is accounted for within the Department’s adopted budget.

There will be staff time associated with compliance, annual review, reporting and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code.

ENVIRONMENTAL ANALYSIS:

Pursuant to California Public Resources Code § 21065 and the California Environmental Quality Act (“CEQA”) Guidelines § 15378, there is no possibility that this ordinance will have a significant impact on the physical environment and is not a project as defined under CEQA.

ATTACHMENT(S):

Resolution
Chapter 2.60 Military Equipment Use Ordinance
Military_Equipment_Use_Policy (707)
2022 Annual Military Equipment Report

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Attachment 1

CITY OF HEALDSBURG
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG PURSUANT TO GOVERNMENT CODE
SECTION 7071 RENEWING CHAPTER 2.60 OF THE

HEALDSBURG MUNICIPAL CODE ENTITLED MILITARY

EQUIPMENT USE ORDINANCE, HEALDSBURG MILITARY
EQUIPMENT USE POLICY 707, AND FINDING THAT THE

ANNUAL MILITARY EQUIPMENT REPORT COMPLIES

WITH THE STANDARDS OF APPROVAL SET FORTH IN
GOVERNMENT CODE SECTION 7071(d)
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) requires legislative bodies to adopt ordinances approving military equipment use policies, which are required before law enforcement agencies can continue to engage in activities related to the use of military equipment; and WHEREAS, the Healdsburg Police Department has “military equipment” in its inventory and engages in critical public safety activities in coordination with other jurisdictions on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to other local jurisdictions to promote the safety and security of community members; and
WHEREAS, on April 18, 2022, the City Council adopted Ordinance No. 1215, adding Chapter 2.60 to the Healdsburg Municipal Code, which approved Military Equipment Use Policy 707 for police services, and included a report (inventory) of the City’s military equipment; and WHEREAS, Healdsburg Military Equipment Use Policy 707 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, complies with all the requirements of the Government Code and the Healdsburg Municipal Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding use of military equipment by the Department; and
WHEREAS, the Government Code and the Healdsburg Municipal Code require the City Council to conduct an annual review of the Military Equipment Use Ordinance and Policy and vote on whether to the renew the Ordinance and Policy; and WHEREAS, the City Council has conducted its annual review of the Military Equipment Use Ordinance contained in Chapter 2.60 of the Healdsburg Municipal Code as well as its annual review of Healdsburg Military Equipment Use Policy 707; and

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Attachment: Resolution (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Attachment 1
WHEREAS, the City Council has also conducted its annual review of the military equipment report prepared and submitted pursuant to section 7072 of the Government Code and has considered the requirements contained in section 7071(d) of the Government Code; WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the City Council has reviewed and desires to renew Chapter 2.60 of the Healdsburg Municipal Code and the Healdsburg Military Equipment Use Policy 707.

NOW, THEREFORE, the City Council of the City of Healdsburg, California, DOES HEREBY FIND as follows:

Section 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.

Section 2. The City Council finds that Chapter 2.60 of the Healdsburg Municipal Code and Healdsburg Military Equipment Use Policy 707 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and are not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 3. The City Council has reviewed Chapter 2.60 of the Healdsburg Municipal Code and hereby renews that Chapter without change.

Section 4. The City Council has reviewed Healdsburg Military Equipment Use Policy 707 and hereby renews the Policy without change.

Section 5. The City Council has reviewed the annual military equipment report and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code section 7071 because of the following:

1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of the Healdsburg Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.

2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Healdsburg.

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Attachment: Resolution (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Attachment 1

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Healdsburg at a regular meeting thereof this 20th day of March 2023 by the following vote:

AYES: Council members: ( )
NOES: Council members: ( )
ABSENT: Council members: ( )
ABSTAINING: Council members: ( )
SO ORDERED: ATTEST:
_________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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Attachment: Resolution (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 1/7 Chapter 2.60

MILITARY EQUIPMENT USE ORDINANCE
Sections:

2.60.010 Name of chapter.

2.60.020 Definitions.

2.60.030 Military equipment use policy requirement.

2.60.040 Use in exigent circumstances.

2.60.050 Reports on the use of military equipment.

2.60.060 Severability.

2.60.010 Name of chapter.

This chapter shall be known as the military equipment use ordinance. (Ord. 1215 § 3 (Exh. A), 2022.)

2.60.020 Definitions.

A. “Military equipment” includes all of the following (per Cal. Gov. Code § 7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subsection.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subsection.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 2/7

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subsection.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subsection.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subsection.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding subsections (A)(1) through (15) of this section, “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. “City” means any department, agency, bureau, and/or subordinate division of the City of Healdsburg.

C. “Police department” means any division, section, bureau, employee, volunteer and/or contractor of the Healdsburg police department.

D. “City Council” means the governing body that is the Healdsburg City Council.

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 3/7 E. “Military equipment use policy” means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. “Exigent circumstances” means a law enforcement agency’s good faith belief that an emergency involving the danger of, or imminent threat of, death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. “Type” means each item that shares the same manufacturer model number. (Ord. 1215 § 3 (Exh.

A), 2022.)

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 4/7

2.60.030 Military equipment use policy requirement.

A. The Healdsburg police department shall obtain approval of the City Council, by a resolution adopting a military equipment use policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Healdsburg.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Healdsburg police department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a military equipment use policy submitted pursuant to this chapter, within 180 days of submission of the proposed military equipment use policy to City Council, the Healdsburg police department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this chapter.

C. In seeking the approval of City Council, the Healdsburg police department shall submit a proposed military equipment use policy to the City Council and make those documents available on

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 5/7 the police department’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

D. The City Council shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the police department for as long as the military equipment is available for use.

F. The City Council shall review this chapter at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Ord. 1215 § 3 (Exh. A), 2022.)

2.60.040 Use in exigent circumstances.

A. Notwithstanding the provisions of this chapter, the police department may acquire, borrow and/or use military equipment in exigent circumstances without following the requirements of this chapter.

B. If the police department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 6/7

2. If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment use policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the military equipment in the police department’s next annual military equipment report. (Ord. 1215 § 3 (Exh. A), 2022.)

2.60.050 Reports on the use of military equipment.

A. The police department shall submit to City Council an annual military equipment report for each type of military equipment approved by the City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The police department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the police department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) 3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 7/7 regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

E. The City Council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this chapter and the military equipment use policy. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (Ord. 1215 § 3 (Exh. A), 2022.)

2.60.060 Severability.

A. If any section, subsection, sentence, clause, phrase, or word of this chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this chapter.

B. The City Council hereby declares that it would have passed this chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional. (Ord. 1215 § 3 (Exh. A), 2022.) The Healdsburg Municipal Code is current through Ordinance 1218, passed October 17, 2022.

Disclaimer: The City Clerk’s office has the official version of the Healdsburg Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: https://www.ci.healdsburg.ca.us
City Telephone: (707) 431-3317
Code Publishing Company

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Attachment: Chapter 2.60 Military Equipment Use Ordinance (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Policy
707
Healdsburg Police Department
Healdsburg PD Policy Manual
Copyright Lexipol, LLC 2022/12/20, All Rights Reserved.

Published with permission by Healdsburg Police Department Military Equipment Use Policy - 1
Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This is further required by Healdsburg City Municipal Code Chapter

2.60 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Department - the City of Healdsburg Police Department (HPD) Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Attachment: Military_Equipment_Use_Policy (707) (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/12/20, All Rights Reserved.

Published with permission by Healdsburg Police Department Military Equipment Use Policy - 2
707.2 POLICY
It is the policy of the Healdsburg Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Healdsburg Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing and coordinating the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY
The list attached hereto is divided into two section:

1. Section One - lists qualifying equipment that is owned and/or utilized by the Healdsburg Police Department.

2. Section Two - lists qualifying equipment that is not owned or regularly utilized by the Healdsburg Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the departmentcollaborates and/or participates for law enforcement purposes.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is

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Attachment: Military_Equipment_Use_Policy (707) (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/12/20, All Rights Reserved.

Published with permission by Healdsburg Police Department Military Equipment Use Policy - 3
submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

The military equipment use policy, and any amendments thereto, shall be approved by the governing body in accordance with Chapter 12.8 of Division 7 of Title 1 of the Government Code, if the governing body determines all of the following (Government Code § 7071(d)(1)):
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(c) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The military equipment use policy shall be reviewed and approved by the governing body at least annually through the adoption of a resolution. In the absence of such review and approval, the military equipment use policy shall expire one (1) year from the last approval date.

As part of the annual review, or from time to time as may be needed, the military equipment use policy may be amended through the adoption of a resolution by the governing body.

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Attachment: Military_Equipment_Use_Policy (707) (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/12/20, All Rights Reserved.

Published with permission by Healdsburg Police Department Military Equipment Use Policy - 4
707.6 COORDINATION WITH OTHER JURISDICTIONS
In exigent circumstances and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition, borrowing or use to City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMPLIANCE
The Chief of Police or designee will ensure that all Department members comply with this policy. A complaint, concern, or question related to Military Equipment utilization by the Healdsburg Police Department can be made as follows:
(a) Via email to: [email protected]
(b) Via phone call to: 707-431-3377
(c) Via mail sent to Healdsburg Police Department: Attn: Military Equipment Coordinator: 238 Center St, Healdsburg, CA 95448
707.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment: Military_Equipment_Use_Policy (707) (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy)

MILITARY EQUIPMENT USE –
AB 481
Annual Report
Matt Jenkins, Chief of Police

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Table of Contents
Annual Reporting Requirements...........................................................................................2 Summary of Uses..........................................................................................................................3 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................3 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................3 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................3 Complaints or Concerns Received........................................................................................4 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................4 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................4 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................4 Internal Audits of Equipment..................................................................................................5 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................5 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................5 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................5 Annual Costs...................................................................................................................................6 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................6 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................6 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................6 Inventory of Equipment Possessed......................................................................................7 Additional Inventory Sought for 2023 ...............................................................................10

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Annual Reporting Requirements
AB481 requires on an annual basis the police department to seek and obtain City Council approval for future acquisition and funding of new military equipment and provide City Council and the public a report outlining how the military equipment was used, to ensure the police department is adhering to our policy and the city ordinance.

Healdsburg Municipal Code 2.60.050 (Reports on they use of Military Equipment) requires the police department submit to City Council an annual military equipment report for each type of military equipment approved by the City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use. The police department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

This annual military equipment report includes the all of the following required information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the police department will hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Summary of Uses
Unmanned, remotely piloted, powered aerial or ground vehicles How equipment was used: Police Department sUAS’s (drones) were used for a total of 10 flights/missions in 2022. Each flight/mission was conducted within department approved policy for the use of sUAS’s.

Purpose of use:

Training – 2
Law Enforcement Search (Suspect) – 2
Law Enforcement Search and Rescue – 3
Law Enforcement Accident Scene - 3
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) How equipment was used:

Projectiles were deployed during a POST approved law enforcement training course. There were no other uses of this category of equipment.

Purpose of use:

Training Exercise
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons How equipment was used:

Projectiles were deployed during a POST approved law enforcement training course. There were no other uses of this category of equipment.

Purpose of use:

Training Exercise

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Complaints or Concerns Received
Unmanned, remotely piloted, powered aerial or ground vehicles Complaint/Concern:

No complaints or concerns were received.
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) Complaint/Concern:

No complaints or concerns were received.

The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Complaint/Concern:

No complaints or concerns were received.

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Internal Audits of Equipment
Unmanned, remotely piloted, powered aerial or ground vehicles Results of any internal audits:

A review of flight data was conducted and found that all flights were conducted within department policy and FAA regulations.

Information about violations of the military equipment use policy:

N/A
Actions taken in response:

N/A
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) Results of any internal audits:

There were no uses or deployments outside of approved training. No additional audits were conducted.

Information about violations of the military equipment use policy:

N/A
Actions taken in response:

N/A
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Results of any internal audits:

There were no uses or deployments outside of approved training. No additional audits were conducted.

Information about violations of the military equipment use policy:

N/A
Actions taken in response:

N/A

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Annual Costs
Unmanned, remotely piloted, powered aerial or ground vehicles Acquisition Personnel Training Transportation Maintenance Storage Upgrade Source
funds
Total
Costs
$0.00 $0.00 $1,121 $0.00 $300 $0.00 $0.00
Approved
FY 22-23
Budget $1,421
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) Acquisition Personnel Training Transportation Maintenance Storage Upgrade Source
funds
Total
Costs
$0.00 $0.00 $ $0.00 $0.00 $0.00 $0.00
Approved
FY 22-23
Budget $0.00
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Acquisition Personnel Training Transportation Maintenance Storage Upgrade Source
funds
Total
Costs
$0.00 $0.00 $730 $0.00 $0.00 $0.00 $0.00
Approved
FY 22-23
Budget $730

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Inventory of Equipment Possessed
Quantities as of Dec 31, 2022
Type of Equipment Quantity
Unmanned, remotely piloted, powered aerial or ground vehicles i. PARROT ANAFI, cost: $700. A compact, foldable, light and easily deployable sUAS. Stabilized on 5 axes (2 mechanical axes and 3 electronic axes), the Sony optical sensor built into ANAFI allows clear images to be taken, despite the vibrations associated with drone flights.

The x3 zoom and the 180° tilt of the camera provide a detailed view of the observed target.
2 ii. PARROT ANAFI USA, cost: $7,000. To balance the resolutions of the thermal image and visible image, and therefore benefit from information not visible in thermal, the displayed image is a fusion of the information from the two cameras. Stabilized on three axes, the optical unit of ANAFI Thermal combines an infra-red sensor to the electro-optics, making it possible to identify temperatures between -10° and +400°. Thanks to the FLIR Lepton 3.5 module, it is possible to set the absolute temperature of each pixel.
1 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) i. COMBINED TACTICAL SYSTEMS, 40MM FRANGIBLE IMPACT OC
POWDER 4556, cost: $19.09. A less lethal 40mm lightweight foam projectile firedfrom a single 40mm launcher with a rifled barrel at 300 FPS.

The 40mm direct fire, dispersed OC irritant round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and asfar as 150 feet from the target. 19 ii. COMBINED TACTICAL SYSTEMS, 37MM OC MUZZLE BLAST
INDOOR AND OUTDOOR 3440, cost: $20.72. A less lethal 37mm lightweight OC powder projectile fired from a single 37mm grenade launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 50 feet from the target.
20 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
i. PENN ARMS, 40MM SINGLE MULTI LAUNCHER, cost: $2,630. The 40mm Single Launcher is a tactical single-shot launcher that features a 2

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) fixed stock and an Integrated Front Grip (IFG). It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is authorized to be used by officers trained in its use.
ii. DEFENSE TECHNOLOGY, 37MM SINGLE LAUNCHER, cost: $2,630.

The 37mm Single Launcher is a tactical single shot launcher that features a fixed stock and an Integrated Front Grip (IFG). It will fire standard 37mm less lethal ammunition, up to 8 inches in cartridge length. 1 iii. MOSSBERG 590 LESS LETHAL SHOTGUN, cost: $412. The Mossberg 590 Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers anda suspect reducing the immediacy of the threat which is a principle of de-escalation. 6 iv. COMBINED TACTICAL SYSTEMS, 40MM SPONGE 4457, cost: $21.00.

A less lethal 40mm lightweight foam projectile fired from a single 40mm launcher with a rifled barrel at 240-250 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 100 feet from the target.
19 v. COMBINED TACTICAL SYSTEMS, 40MM .60 STING BALL 4558, cost:
$25.84. A less lethal 40mm lightweight foam projectile fired from a single 40mm launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
20 vi. COMBINED TACTICAL SYSTEMS, 3.7MM/40MM STING BALL 8” LONG 3559, cost: $17.46. A less lethal 37mm multi-projectile impact munition fired from a single 37mm launcher with a rifled barrel at 280-325 FPS.

The 37mm sting pellet round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 feet from the target.
20 vii. COMBINED TACTICAL SYSTEMS, 37MM/40MM FOAM BATON 8” LONG 3555, cost: $21.38. A less lethal 37mm lightweight foam projectile fired from a single 37mm/40mm launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 feet from the target.
19 viii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5. A less lethal

2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun 245 Duty
346
Training

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." TheSuperSock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy) Additional Inventory Sought for 2023
Type of Equipment
Quantity
Sought
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
i. COMBINED TACTICAL SYSTEMS, 37MM/40MM FOAM BATON 8”
LONG 3555, cost: $21.38
These additional munitions would allow the department to possess a sufficient quantity to properly train department staff pursuant to POST requirements. 230

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Attachment: 2022 Annual Military Equipment Report (3925 : Review and Renewal of Military Equipment Use Ordinance and Policy)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: 2022 Housing Element Annual Progress Report
PREPARED BY: Griselda Villarreal, Administrative Analyst II STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

By motion, accept the Housing Element Annual Progress Report for the 2022 calendar year and direct Staff to submit the report to the State of California Department of Housing and Community Development and the State Office of Planning and Research.

COMMUNITY ENGAGEMENT/OUTREACH:

This report is a State of California requirement as part of the City’s General Plan Housing Element, which is a product of community engagement and input. This item will be heard during a public meeting in which an opportunity for public comment is provided.

BACKGROUND:

The Healdsburg 2030 General Plan provides a comprehensive long-range plan used to inform and guide decision-making by residents, property owners, business interests, and elected and appointed City officials principally regarding the public and private land use and development that shapes Healdsburg’s physical environment.

In 2009, the City of Healdsburg completed a comprehensive revision of its General Plan, which was adopted by the City Council on July 6, 2009. One of the State-mandated elements of the General Plan is the Housing Element. State law requires that the Housing Element of the General Plan be updated every 8 years. A comprehensive revision of the General Plan Housing Element was adopted by the City Council on November 17, 2014, and certified by the State on January 8, 2015. This report provides an update on progress made on implementing the General Plan Housing Element through 2022.

State law also requires that the City submit an Annual Progress Report (“APR”) on the progress towards implementation of the Housing Element to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development (HCD)

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(Government Code §65400). A major area of focus of the APR is a description of the City’s progress in meeting the City’s share of regional housing needs as set forth in the City’s adopted Housing Element. Submittal of an APR to HCD qualifies the City for certain grant funds.

Moreover, on September 29, 2017, California Senate Bill 35 (SB-35) was signed by Governor Jerry Brown and became effective January 1, 2018. SB-35 applies in cities that are not meeting their Regional Housing Need Allocation (“RHNA”) goal for construction of above-moderate income housing and/or housing for households below 80% area median income (“AMI”). SB-35 amends Government Code Section 65913.4 to require local entities to streamline the approval of certain housing projects by providing a ministerial approval process. Streamlining includes the removal of the requirement for CEQA analysis, conditional use permits, design review, or any other similar discretionary entitlements granted by the Planning Commission. A project electing to pursue streamlining must meet certain eligibility criteria as well as providing a percentage of the proposed residential units as affordable.

The City of Healdsburg is currently in the process of updating its General Plan Housing Element for the 6th Cycle Housing Element as the City’s current Housing Element expired this year. The City has submitted a draft 6th Cycle Housing Element to HCD and is currently responding to comments received from HCD. Staff is scheduled to seek City Council adoption of the 6th Cycle Housing Element on May 1, 2023.

DISCUSSION/ANALYSIS:

The City of Healdsburg has been successful in meeting the RHNA goals for the construction of low, moderate, and above-moderate income housing for the current RHNA Cycle which extends through the end of 2022. This annual progress report will delineate the close-out of the 5th Cycle and the beginning of the 6th Cycle Housing Element Planning Period.

During the past 5th Cycle planning period, the City of Healdsburg made significant progress in providing affordable housing opportunities. The City not only facilitated the planning, permitting, and production of units in excess of its RHNA, but has also laid a solid foundation to continue with this success. A partial listing of the accomplishments of the 5th Cycle including:
• Passing Measure S, which provides 2% of Transient Occupancy Tax dedicated to affordable housing, now with annual revenues of more than $1M. • Passing Measure P and Measure H, which allow for middle-income deed restricted housing, either for sale or for rent, to be built outside of the City’s voter-initiated Growth Management Ordinance.
• Leveraging development projects to negotiate for the inclusion of affordable housing to house the City’s workforce including:
1) Montage Healdsburg
2) Hotel Trio
3) The Mill District
4) The North Village

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• Protecting our naturally occurring affordable housing stock from market rate conversion by purchasing and rehabilitating 39 units across three properties and further leveraging them by master leasing 10 units for Permanent Supportive Housing. • Leveraging two City-owned properties for affordable housing which currently are in the planning process for approximately 176 affordable housing units. • Building a navigation center at the City-owned Victory Studios and Apartments that house 11 families and/or individuals that were formerly experiencing homelessness. • Receiving over $7M in State Project Homekey funding to open the first interim housing program in Northern Sonoma County to house those experiencing chronic homelessness and creating 22 units of extremely-low-income units.
• Achieving functional zero in housing displaced families and investing in prevention programs to offset evictions, including expanding upon rental relocation assistance programs beyond the provisions of AB 1482.
• Updating City ordinances to provide more favorable development processes and conditions for the development of Accessory Dwelling Units (ADUs) and updating our Inclusionary Housing Ordinance.

The accomplishments of the 5th Cycle have provided the City with a solid foundation in addressing the challenges of the 6th Cycle Housing Element and the City’s 203% increase in RHNA. This can be further evidenced in the draft Housing Element submitted for the 6th Cycle which already demonstrates the capacity of the City to meet its 6th Cycle RHNA by 2031.

APR Considerations for the End of the 5th Cycle of RHNA Because this APR will be the final report on the 5th Cycle Housing Element and the City is in the process of certifying its 6th Cycle Housing Element, some of the affordable housing units that started in the 5th Cycle will be applied to the 6th Cycle of RHNA. While the 5th Cycle of RHNA will end on January 31, 2023, the projection period, or the period in which units in the planning phase or in production may be counted towards the 6th Cycle RHNA began on June 30, 2022.

Therefore, units still in progress after June 30, 2022 will be counted towards the 6th Cycle of RHNA.

The projection period between the 5th and 6th Cycles of RHNA provides the City with an advantage moving forward in meeting its 6th Cycle RHNA, but it comes at the expense of falling 18 units short in the 5th Cycle for our Very-Low-Income units as these were still in progress after June 30, 2022.

As a result of this, the City will continue to be subject to streamlining provisions of SB 35 that require jurisdictions with insufficient progress towards the lower income RHNA to streamline development projects that propose over 50% affordability as a part of their project. To date, this

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designation under SB 35 has not resulted in requests for streamlining, nor is it anticipated that this would be likely to occur.

Current Progress Towards RHNA:

VERY LOW LOW MODERATE
ABOVE

MODERATE
UNITS REQUIRED - 5
TH

CYCLE RHNA
31 24 26 76

UNITS WITH A

BUILDING FINAL AS OF
12/31/20
13 27 83 145
PERCENT OF UNITS 41% 112% 319% 190%
Units Projected for the 6th Cycle RHNA:

INCOME GROUP 2023-2031
RHNA
Pending,
Approved or
Permitted
Acquisition or
Converted
Units
Projected
ADUs
Total
Credits
Percent
of
RHNA

LOWER RHNA
EXTREMELY LOW 83 16 22 16 54 -
VERY LOW 107 119 39 16 174 -
LOW 109 129 - 32 161 -
LOWER, SUBTOTAL 299 264 61 64 389 130%
MODERATE 49 43 - 32 75 153%
ABOVE MODERATE 128 503 - 10 513 401%
TOTALS 476 810 61 106 977 205%
The units projected to be counted towards the 6th Cycle of RHNA place the City in an exceptional position when it comes to meeting our State mandated RHNA over the next 8-year planning period. Because the City has a head-start on production, it will allow the City to focus on more local housing needs through the continued work of the Housing Element Work Group.

Should the City Council’s approve this Annual Progress Report, Staff will submit the City’s APR to the State by the April 1, 2023, deadline. The submission of this report will keep the City in compliance with Housing Element law.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City Council may choose not to approve the submission of the City’s Annual Progress Report or make changes to the information in the report. Should the Council choose this course of action, staff would seek additional Council direction.

FISCAL IMPACT:

There is no fiscal impact associated with the proposed action.

ENVIRONMENTAL ANALYSIS:

The Annual Progress Report is an informational item required to comply with State reporting requirements on mandated plans and policies, which does not qualify as a project pursuant to the

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California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5) that states that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not projects. Pursuant to CEQA Guidelines Section 15060(c)(3) any activity that is not a project is not subject to environmental review under CEQA.

ATTACHMENT(S):

RHNA_Progress_2022

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Attachment: RHNA_Progress_2022 (3949 : 2022 Housing Element Annual Progress Report)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: 2022 General Plan Annual Progress Report
PREPARED BY: Ellen McDowell, Senior Planner
STRATEGIC INITIATIVE(S):

Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Pursue Initiatives that Promote Environmental Stewardship Expand Affordable Housing Opportunities
Maintain and Improve Infrastructure and Facilities
Provide Effective Governance
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

By motion, accept the annual report and direct staff to file it with the appropriate state agencies.

COMMUNITY ENGAGEMENT/OUTREACH:

No specific outreach has occurred for the preparation of this General Plan Annual Report since it is an informational report. Implementation of General Plan goals and policies typically involves engagement of the community.

BACKGROUND:

The Healdsburg 2030 General Plan helps to guide decision making by residents, property owners, business interests, and elected and appointed officials about public and private land use and development that shape Healdsburg’s physical environment.

DISCUSSION/ANALYSIS:

State law requires the City submit an annual report to the City Council, the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) on the status of the General Plan and progress made in its implementation.

Additionally, General Plan Implementation Measure AI-1 requires the preparation of an annual report to the Planning Commission and City Council, focusing on actions undertaken in the

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previous year to carry out General Plan implementation measures, outlining actions planned for the coming year and identifying necessary revisions to the policy document.

In 2022, the City Council took numerous actions which forwarded goals and policies included in the General Plan. Attachment 1 to this report provides summaries of those actions by element of the General Plan.

ENVIRONMENTAL STEWARDSHIP:

Implementation of many General Plan goals and policies as outlined in the attached report reflects ongoing environmental stewardship.

ALTERNATIVES:

The report is a presentation of information only.

FISCAL IMPACT:

There are no fiscal impact associated with acceptance of the General Plan Annual Report.

ENVIRONMENTAL ANALYSIS:

The General Plan Annual Report is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”) because it can be seen with certainty that there is no possibility that the General Plan Annual Report will have a significant effect on the environment.

ATTACHMENT(S):

General Plan Annual Report 2022

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ATTACHMENT 1
City of Healdsburg
General Plan Annual Report
2022 – Year in Review

INTRODUCTION
The 2030 General Plan, adopted July 6, 2009, provides a strategic program for addressing and planning for the quality of life and needs of the Healdsburg community through 2030. It includes all the state required elements as well as additional optional elements important to the Healdsburg community. The document consists of guiding principles and goals, policies and implementation programs, and it guides the physical development of the City. It has been prepared in accordance with the State Office of Planning and Research’s General Plan Guidelines.

California state law requires an annual report be prepared and presented to the City Council, along with delivery to the Office of Planning and Research and the Department of Housing and Community Development by April 1. Local policy also addresses annual reporting, providing additional direction.

General Plan policy AI-1 directs preparation of an annual report to the Planning Commission and City Council which focuses on actions undertaken in the previous year to carry out General Plan implementation measures, outlines actions planned for the coming year and identifies any necessary revisions.

This report addresses these requirements and outlines how key General Plan goals have been implemented over the last calendar year. The complete General Plan is available on the City’s website at https://www.ci.healdsburg.ca.us/354/General-Plan.

GENERAL PLAN IMPLEMENTATION ACTIONS IN 2022
State law allows amendment of the General Plan up to four times per year. During 2022, no General Plan amendments were considered by the Planning Commission and City Council.

Progress was made in forwarding key implementation actions during 2022. Below is a summary of implementation actions completed or underway by General Plan element.

LAND USE/COMMUNITY DESIGN
The Land Use Element sets forth the density and intensity of land uses and addresses development and redevelopment of land within the Urban Growth Boundary. It includes the Land Use Plan (map) and goals, policies, and implementation measures. The Community Design Element addresses the visual quality and character of Healdsburg’s built environment. The following summarizes new development in the City.

North Village
In February 2020, the Planning Commission approved a Master Conditional Use Permit for the North Village Project, a 32-acre mixed-use development in north Healdsburg. The project includes a senior community (Enso Village) with 221 independent living units (30 affordable) and 54 assisted living/memory care units; 75 multifamily apartments and 5 live-work units (54 affordable and 26 middleincome); 12,000 square feet of retail/commercial; and a 108-key hotel with restaurant, bar, and event space.

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Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report) 2 City of Healdsburg General Plan Annual Report Calendar Year 2022 In 2020, the City Council approved the Development Agreement, which includes benefits to the City such as affordable housing units, construction of a fire department substation, and connectivity improvements including a shuttle from the site to downtown. In May 2021, the Planning Commission approved Conditional Use Permits and Design Review applications for the for the mixed-use and hotel components of the project. Building Permits for the senior community component (Enso Village) were issued in 2021 and construction began in 2022.

The North Village project helps implement Housing Element Goal H-A which calls for the City to “maximize opportunities for the development of a variety of housing types to accommodate anticipated growth, facilitate mobility within both the ownership and rental markets, and encourage a diverse community.”
Healdsburg Lumber Company Relocation
In December 2020, the Planning Commission approved a Major Design Review application for expansion of an existing lumber storage yard on Healdsburg Avenue to accommodate the relocation of Healdsburg Lumber Company’s existing lumber retail, office, door shop, and storage from its current location on Hudson Street. The 3.85-acre site has an existing 29,456 square foot building and includes a 41,646 square foot addition, 15,400 square feet of covered lumber storage, and improved access, circulation, parking, and landscaping. The project helps implement Economic Development Element Goal ED-A which calls for the City to “expand the commercial and industrial sectors of Healdsburg’s economy to increase jobs, meet the needs of residents and visitors, and generate revenues that support City services.” In 2021, Building Permits were issued, and in 2022 the project was under construction and nearing completion.

Mill District
In 2019, the City Council and the Planning Commission approved the Mill District mixed-use project to redevelop the 9.59-acre site located at 146 and 164 Healdsburg Avenue with 146 market-rate residential units, 30 middle-income residential units, 16 low-income residential units 24 very low-income residential units, 15,000 square feet of commercial space, 53 hotel rooms, and a 0.78-acre park. The building permits for the affordable housing component of the project were issued in 2021 and construction continued through 2022 and is nearing completion. On June 28, 2022, the Planning Commission approved a Major Design Review for the amenities building for the Mill District Project.

The Mill District project helps implement Housing Element Goal H-A, which calls for the City to “maximize opportunities for the development of a variety of housing types to accommodate anticipated growth, facilitate mobility within both the ownership and rental markets, and encourage a diverse community.”
Saggio Hills
In 2022, the City advanced multiple projects associated with the overall Saggio Hills development including approving the affordable housing component of the Saggio Hills project. The approval of the Saggio Hills affordable housing project advances General Plan Program H-14 which calls for the City to “develop the Saggio Hills affordable housing site with a range of housing types and target income groups.” The development has continued to pull permits throughout 2022 to continue the construction of the previously approved projects.

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Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report) 3 City of Healdsburg General Plan Annual Report Calendar Year 2022 RiverHouse
In 2019, the City approved the RiverHouse development at 125 and 131 Kennedy Lane. Construction commenced on the project in 2020 and construction was completed in 2022; it includes 8 single-family residential lots with 5 accessory dwelling units. The project faces the Russian River and has an innovative design which helps the City achieve Community Design Element Goal CD-A which calls for the “preservation and enhancement of the most desirable qualities of Healdsburg’s built environment.” The project also helps the City achieve Natural Resources Element Goal NR-B calling for the “conservation and restoration of Healdsburg’s native plants and wildlife, ecosystems and waterways.” Arden Subdivision
The Arden Subdivision (formerly called the Oaks at Foss Creek) is a 29-lot single-family subdivision north of Chiquita Road. The project includes four below market rate units and three accessory dwelling units (ADUs). As of 2022 all affordable housing units were developed, and occupied. Construction commenced in 2020 and all homes were completed and finaled in 2022. The Arden Subdivision helps implement Housing Element Goal H-A, which calls for the City to “maximize opportunities for the development of a variety of housing types to accommodate anticipated growth, facilitate mobility within both the ownership and rental markets, and encourage a diverse community.” 3 Healdsburg Avenue
On December 13, 2022, the Planning Commission approved a Major Design Review allowing for the construction of a 30-unit apartment project with a density bonus. The project includes the demolition of 5 existing dwelling units and the construction of 5 new two-story buildings. Each building will contain 6 apartments ranging in size from 490 square feet to 1,029 square feet. The project includes 6 bonus units as allowed by the State Density Bonus Law. The 3 Healdsburg project helps implement General Plan Policy H-A-4, which calls for the City to “Provide for a wide range of housing opportunities for all economic segments of the community, while maintaining a mix of housing types in Healdsburg.” 155 Dry Creek Road
On September 27, 2022, the Planning Commission approved a Major Design Review and adopted a Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program allowing the construction of a 58-unit, 4-story affordable housing project consisting of (28) 1-bedroom, (14) 2- bedroom, and (15) 3-bedroom units for extremely low, very-low, and low-income families in partnership with Burbank Housing. The development helps implement General Plan Policy H-C-2, which calls for the City to “work with non-profit organizations to benefit from their expertise and the resources available to them for the development of affordable housing and its ongoing support.”

HOUSING
The City Council forwarded General Plan housing goals with actions taken in 2022. More detail on housing accomplishments is included in the separate, Annual Progress Report, specific to the Housing Element, but a few notable items are highlighted here:
• The City Council adopted a Resolution on January 3, 2022, establishing the Housing Element Work Group to provide input and guidance on the development of the City’s 6th cycle General Plan Housing Element.

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Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report) 4 City of Healdsburg General Plan Annual Report Calendar Year 2022 • The City continued to work with a consultant to prepare the Housing Element for submittal to HCD. • The City Council adopted a Resolution on January 18, 2022 accepting an award of Project Homekey funding from the State of California Department of Housing and Community Development for the acquisition and operation of the L&M Motel at 70 Healdsburg Avenue as interim housing. • The City Council adopted a Resolution on February 22, 2022 supporting Burbank Housing Development Corporation’s application for block grant funding and investment partnership funding for the 155 Dry Creek Road affordable housing project.
• The City Council adopted a Resolution on August 15, 2022 establishing fees for SB9 lot split applications. The intent of SB9 is to create more housing opportunities within residentially zoned districts.

ECONOMIC DEVELOPMENT
The Economic Development Element promotes economic opportunities and stability in Healdsburg.

Policies seek to provide opportunities, including ensuring a diversified employment base and meeting commercial needs of residents and visitors. The following summarizes economic development projects and actions for 2022.

Parklet Program
On February 7, 2022 the City Council authorized an ongoing parklet program establishing fees and encroachment permits for businesses operating within the Public Right of Way. The project helps the City to achieve General Plan Goal ED-B to “maintain a thriving downtown, with the Plaza as the City’s commercial center.”

TRANSPORTATION
The Transportation Element contains goals and policies related to the transportation system in Healdsburg, including streets, public transit, bicycle routes, pedestrian connections, and rail service. They address each of the transportation modes with the objective of creating a safe, efficient, and convenient transportation system. The projects below also help implement the City Council goal to diversify transportation options.

The following summarizes mobility projects forwarded in 2022.

Foss Creek Pathway
Segments 7 and 8 of the Foss Creek Pathway, extending the pathway from the adjacent Carson Warner Memorial Skate Park across Dry Creek Road and north to Grove Street at Healdsburg Avenue were completed in 2021 and accepted as complete by the City Council on April 18, 2022. This project will help the City achieve Transportation Element Goal T-D to provide “bicycle and pedestrian routes and facilities that provide safe and convenient access and an alternative to the use of motor vehicles” and implementation measure T-18 to “implement the Foss Creek Pathway Plan, as funding allows.” Bike Share
On September 19, 2022, the City Council approved a resolution approving an agreement for bike share services with Bird Rides, Inc. for $290,000 to operate an electric bike share pilot program. The project is a 3-year pilot program making available electric bikes (e-bikes) for public use. The project will help achieve Transportation Element implementation measure T-12, “Implement the Bicycle & Pedestrian

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Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report) 5 City of Healdsburg General Plan Annual Report Calendar Year 2022 Master Plan as opportunities arise and require development projects to dedicate land and/or construct/install bicycle and pedestrian facilities in coordination with the Plan.”

PUBLIC SERVICES
The Public Services Element focuses on providing facilities and services that are important to residents’ safety and quality of life. These facilities and services include drainage facilities, sewer and water lines, wastewater treatment plants, electrical utility infrastructure, passive and active recreation, police, fire, education, and health care. The following summarizes the public services projects approved in 2022. 3 North Street – Foley Family Pavilion
The City owns 3 North Street, across from City Hall, and in 2017 approved a schematic design for a Community Pavilion and Farmer’s Market at this location, directing staff to commence design work and to seek funding. In January 2020, the City received a funding pledge of $7 million for the plan from the Foley Family Foundation.

On April 19, 2021, The Council approved a memorandum of understanding with the Foley Family Foundation for funding the final design phase of the Community Pavilion Project and the Council agreed the Foundation will have the right to name the Community Pavilion Project. Once the design and the other project approvals have been approved by Planning Commission and City Council, the City and the Foundation will commence discussion and negotiation regarding the construction agreements for the project. The Council also approved a professional service agreement with TLCD Architects to provide the final design for the project.

The project submitted for Major Design Review on January 31, 2022, and continued the design review and environmental review processes throughout 2022. The project will be heard by the Planning Commission in early 2023.

This action helps the City implement Land Use Element policy LU-D-2 which directs the City to “seek to provide a diversity of uses within the downtown that serve both residents and visitors and shall avoid an over-concentration of a single type of use” as well as Public Services Element Goal PS-H which calls for “a park and recreation system that is suited to the needs and interests of Healdsburg residents and visitors.” Recycled Water Program Expansion Project, Phase II
On December 19, 2022, The City Council adopted a resolution accepting the Recycled Water Program Expansion Project Phase II. The project will add approximately 64 million gallons to the recycled water program and aid the City in reliably complying with the seasonal discharge prohibition requirement. The project helps to offset the use of surface water and groundwater to meet irrigation needs which helps maintain our environment, increase the local supply of water, and helps to build regional drought resiliency. The project implements Public Services Element Goal PS-B to provide an adequate level of service to the City’s sewage collection and disposal system to meet the needs of existing and projected developments.

Infrastructure Improvements
The City Council accepted and authorized numerous infrastructure improvements during 2022, consistent with General Plan policies directing adequate levels of service for the City’s water, wastewater, and storm drain systems.

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Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report) 6 City of Healdsburg General Plan Annual Report Calendar Year 2022 Some of the improvements completed in 2022 include: Highland Circle to Scenic Lane Water Line Extension Project, the Foss Creek Pathway, and the Brown Street Sewer and Water Main Replacement Project.

NATURAL RESOURCES
The Natural Resources Element seeks to protect and improve Healdsburg’s water, agricultural, mineral, air, plant, wildlife, and scenic resources.

The City Council took several actions in 2022 consistent with Natural Resources Goal NR-E, “Reduce greenhouse gas emissions and increase energy efficiency communitywide” and Natural Resources Implementation Measure NR-16, “Implement greenhouse gas emissions reduction measures adopted by the City Council.”
Energy Efficiency and Zero Emission Building Programs
Healdsburg’s Electric Department continues to operate numerous energy efficiency and rebate programs for residential and commercial customers.

Climate Mobilization Strategy
In 2022 the City began the process of developing a Climate Mobilization Strategy to pursue greenhouse gas emission reductions for the City in support of RCPA’s goal for carbon neutrality by 2030.

SAFETY
The Safety Element seeks to prevent the loss of lives, injuries, and property damage due to geologic hazards, flooding, fire, crime, hazardous materials, and noise.

Verizon Wireless
On May 17, 2021, City Council authorized a land lease agreement for a portion of City-owned property adjacent to Tayman Park Golf Course to allow the installation of a Verizon, wireless communication facility. Wireless communication facilities are used by first responders and emergency personnel such as police, fire, emergency medical, homeland security, and disaster response agencies to respond to incidents or situations that pose a threat to people or property. The Conditional Use Permit and associated applications were approved on April 12, 2022.
2022 Building Code Update
On December 19, 2022, the City Council adopted an Ordinance adopting the 2022 California Building Standards Code. The amended code includes updates from the previously adopted code and ensures the health and safety of Healdsburg’s residents.

Fire Substation Project
On August 24, 2021, The Planning Commission re-approved a previously expired Major Design Review Application for the construction of a Fire Substation located at 1804 Healdsburg Avenue near the northern city boundary. The Fire Substation project is being developed in accordance with the Saggio Hills and North Village Development Agreements and the project continued to advance in 2022. The proposed Fire Substation helps to implement fire safety objectives of the Saggio Hills Area Plan.

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Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report) 7 City of Healdsburg General Plan Annual Report Calendar Year 2022 New Ladder Fire Truck
In 2022, the City added a new ladder fire truck that offers a tighter turn radius, and the ability to reach higher locations than the vehicle it replaced. The new truck improves the City’s ability to respond to emergencies.

HISTORIC AND CULTURAL RESOURCES
The Historic and Cultural Resources Element seeks to preserve significant historic and Native American cultural resources. Such resources include buildings and neighborhoods of historic architectural significance, places of special historic or archaeological value, and other features that have special value to the community. Staff implements policies in this element throughout the year in its review of development proposals.
607 Johnson Street
On November 1, 2022, the Planning Commission approved a Major Design Review to allow for the restoration of the original residence, demolition of later additions and the existing carriage house. A Historic Resource Evaluation (HRE) was prepared to evaluate the changes to the structure and additions to determine compatibility with the Johnson Street Historic District. The HRE found that the changes were compatible with the intent of the HD overlay, which intends to preserve, maintain and enhance for historic integrity of designated areas within the City that are of historic significance or contain significant structures intended to protect. This project will help the City achieve Historic and Cultural Resources Goal HCR-A-1 to provide “promote the protection and enhancement of Healdsburg’s historically significant districts, buildings and landscape features”
Diversity Equity Inclusion
On March 21, 2022 the City Council adopted a Resolution allowing the City Manager to execute a contract with Acosta Latino Learning Partnership (ALLP) for specific services related to diversity, equity and inclusion services.

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Packet Pg. 100 Attachment: General Plan Annual Report 2022 (3965 : General Plan Annual Progress Report)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Growth Management Program Annual Report
PREPARED BY: Ellen McDowell, Senior Planner
STRATEGIC INITIATIVE(S):

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

By motion, accept the annual Growth Management Ordinance annual report.

COMMUNITY ENGAGEMENT/OUTREACH:

No community outreach has occurred for the preparation of the Growth Management Annual Report given that it is an informational report.

BACKGROUND:

Measure M, a residential growth management initiative, was approved by Healdsburg voters on November 7, 2000. This measure limited residential building permits to an average of 30 units per year and no more than 90 over a 3-year period, with affordable units and accessory dwelling units exempt. Measure P, approved by voters on November 6, 2018, amended the City’s Growth Management Ordinance to allow an average of 50 additional multifamily rental units per year, not to exceed 150 units in a 3-year period, restricted to households earning no more than 160% of the Sonoma County Area Median Income, adjusted for household size for the unit. Measure H, approved by voters on March 3, 2020, amended Measure P’s additional unit allowance to permit these units to be for sale as well as for rent.

The Policies and Procedures for the Healdsburg Residential Growth Management Program were revised twice in 2019, first in January to recognize and implement passage of Measure P and secondly in May to incorporate recommendations made in 2018 by the Community Housing Committee, which had considered Growth Management policies at the direction of the Council.

The second revision of the Policies and Procedures in May 2019 also initiated a slightly new way of administering Healdsburg’s Growth Management program along with slightly increased flexibility. Several large projects had been approved, making growth management allocations difficult to secure for projects seeking the 30 units allowed under Measure M, and the City

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Council was interested in adding flexibility within the parameters of the Growth Management Ordinance.

The Policies and Procedures allow 90 Category A (projects of four or fewer units) and B (projects of five or more units) allocations to be available in year one of a three-year period, rather than 30 units at the beginning of each year in the three-year period, which enables projects to receive allocations while fulfilling the Measure M provision of no more than an average of 30 units per year. The Policies and Procedures also allow 150 Category C allocations to be available in year one of a three-year period rather than 50 units at the beginning of each year in the three-year period. Changes to the definitions of Category A and B to allow more crossallocation also increases flexibility. Category C projects are those with 50 or fewer multifamily rental or for sale units restricted to households earning no more than 160% of the Sonoma County Area Median Income, adjusted for household size for the unit.

DISCUSSION/ANALYSIS:

The Policies and Procedures, Section 6. Administration requires the Community Development Director to prepare an annual report and sets forth the specific content of the report. Responses are shown in italics below each item.
(1) The number of dwelling allocations issued during the three-year period and in future periods.

The year 2022 was year 1 of a 3-year period under the Growth Management Program (Cycle 8). At the end of 2022, there were 54 allocations (4 Category A and 50 Category B) reserved for the 3-year period. The Category A allocations were reserved to construct 4 new single-family dwellings. The Category B allocations were reserved by the Mill District project. There were no Category C allocations reserved in Cycle 8.

In accordance with the Development Agreement between the City of Healdsburg and Replay Healdsburg LLC unused GMO allocations that would expire or be forfeited at the end of a calendar year shall, if requested, be issued to the Mill District project. At the end of 2022, fourteen (14) Saggio Hill’s allocations were set to expire or be forfeited. On December 21, 2022 Replay Healdsburg LLC requested that any expiring allocations be assigned to the Mill District project. The 14 expiring allocations have been reassigned to the Mill District and will expire December 31, 2025.
(2) The number of building permits issued for dwelling units during the prior year, including the Category of dwelling allocation and whether the permitted unit was exempt from the Growth Management Ordinance.

The City of Healdsburg issued permits for 68 new residential dwelling units in 2022. Of these, 18 were exempt from the Growth Management Ordinance, and 46 GMO allocations had been issued in previous years. The exempt units included 14 accessory dwelling units and 4 replacement units. Three Saggio Hills permits, and 43 Mill District permits had received GMO allocations in prior years.

The 4 units subject to the GMO included 4 Category A allocations and no Category B allocations.

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(3) The status of any waiting list.

A waiting list was not established for Cycle 8 during 2022. (4) A description of any significant problems that arose during the prior year in administering the Growth Management Program.

No significant problems arose in administering the Growth Management Program during 2022. However, scarcity of Category B allocations will remain an issue, with only 10 Category B allocations available through the end of the 3-year period ending in 2024 (Cycle 8).
(5) Recommendations with regard to changes or revisions to these Policies and Procedures to improve its effectiveness and/or administration.

Revised Growth Management Ordinance Policies and Procedures were adopted by the City Council in May 2020; no revisions are recommended at this time.

ENVIRONMENTAL STEWARDSHIP:

The Healdsburg Growth Management Ordinance limits the number of residential units annually, which helps the City plan for, accommodate, and meter growth, which in turn may have environmental benefits such as reduced greenhouse gas emissions.

ALTERNATIVES:

No alternative has been identified since the report is required in accordance with the Policies and Procedures for the Healdsburg Residential Growth Management Program, Section 6.

Administration.

FISCAL IMPACT:

There is no fiscal impact related to the proposed action. The administration of the Growth Management Program is supported by the processing fee assessed for growth management allocations. According to the current fee schedule, the fee is $700.83 per growth management allocation permit.

ENVIRONMENTAL ANALYSIS:

The annual report is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)(“the common sense exemption”) because it can be seen with certainty that there is no possibility that the annual report will have a significant effect on the environment.

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Resolution authorizing City Manager to execute amended grant deeds relating to the transfer of title of the Saggio Hills Community Park property to the City
PREPARED BY: Linda Ruffing, Planning Consultant
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution authorizing City Manager to execute a grant deed for Parcel 8 and amended grant deeds for Parcels 5, 6, 9, and 10 of the Saggio Hills Subdivision, as well as related certificates of acceptance attached to said grant deeds in connection with the transfer of title of the Saggio Hills Community Park property to the City.

COMMUNITY ENGAGEMENT/OUTREACH:

The City has conducted extensive community engagement and outreach related to the Master Planning process for the Community Park within the Saggio Hills Project site including community workshops, surveys, site walks, and hearings by the Parks and Recreation Commission, Planning Commission and City Council.

BACKGROUND:

The City and the Saggio Hills Project developer (Sonoma Luxury Resort, LLC or "SLR") entered into a Development Agreement ("DA") for the Saggio Hills Project on April 11, 2011.

Among many other matters, the DA obligates SLR to convey approximately 36 acres (Parcel 8) to the City for a public park.

The City and SLR are in the final stages of completing various obligations under the DA. As reported to the City Council several months ago, the City, SLR, and the current owner of the Montage Healdsburg resort properties (Oaks & Olives, LLC or "O&O") are pursuing an amendment to the DA that facilitates a property swap whereby SLR will transfer a portion of Parcel 8, which is subject to a Landscape Maintenance and Repair Easement ("Vineyard Easement"), to O&O in exchange for Parcel 7, which is adjacent to Parcel 8 (Public Park), and shown on Sheet 3 of 10 in the Final Map (Attachment 2). The Vineyard Easement is depicted on

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Attachment 3. The process by which the property boundaries will be modified involves a lot line adjustment as between existing Parcels 7 and 8, which is set forth in a DA amendment ("Fourth DA Amendment") that will be approved administratively and that adjustment of lot lines will occur as between SLR and O&O prior to SLR transferring title to the new Parcel 8 to the City.

DISCUSSION/ANALYSIS:

Pursuant to California Government Code Section 27281, a conveyance of real property to a city/public agency requires the city to attach a certificate of acceptance to the deed executed by an authorized representative. In order to complete the transfer of new Parcel 8 to the City, the City Manager must be authorized to not only execute the deed on behalf of the City, but also execute the certificate of acceptance to be attached to the grant deed from SLR for new Parcel 8.

Furthermore, as a result of the aforementioned lot line adjustment, previous grant deeds recorded in connection with the conveyance of Parcels 5 and 6 (Affordable Housing Land), Parcel 9 (Pump Station), and Parcel 10 (Fire Substation) from SLR to the City need to be amended because those previously recorded deeds contain references to existing Parcel 7, which will become part of new Parcel 8 as part of the lot line adjustments. Accordingly, the City Manager must also be authorized to execute the amended grant deed and a certificate of acceptance to the amendments to the deeds for Parcels 5 and 6 (Affordable Housing Land), Parcel 9 (Pump Station), and Parcel 10 (Fire Substation) from SLR to the City. A proposed resolution is presented in Attachment 1.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

None.

FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

Any environmental impacts related to the Saggio Hills Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. On January 31, 2011, the City Council certified the Final Environmental Impact Report ("EIR") for the Saggio Hills Planned Development Project (State Clearinghouse No. 2003062025) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review would be required for the Fourth DA Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR, (b) significant

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

Further, this action is exempt from CEQA in accordance with CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ATTACHMENT(S):

Resolution
Saggio Hills Final Map
Vineyard Easement Map

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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
EXECUTE A GRANT DEED FOR PARCEL 8 AND AMENDED
GRANT DEEDS FOR PARCELS 5, 6, 9, AND 10 OF THE SAGGIO

HILLS SUBDIVISION, AS WELL AS RELATED CERTIFICATES

OF ACCEPTANCE ATTACHED TO SAID GRANT DEEDS IN

CONNECTION WITH THE TRANSFER OF TITLE OF THE SAGGIO

HILLS COMMUNITY PARK PROPERTY TO THE CITY
WHEREAS, City of Healdsburg ("City") is the owner of certain real property described as Parcels 5, 6, 9 and 10 of Saggio Hills per Map recorded May 23, 2018 in Book 795, Pages 31-40 as Instrument No. 2018-037508, of Official Records of Sonoma County Recorder (“Official Records”), located in the City of Healdsburg, County of Sonoma, State of California; and WHEREAS, City desires to facilitate an exchange of property between Sonoma Luxury Resort, LLC and Oaks & Olives, LLC prior to accepting title to Parcel 8 of the Saggio Hills Project ("Public Park Parcel") and, in order to do so, minor amendments to the grant deeds to Parcels 5 and 6 (“Affordable Housing Land”), Parcel 9 (“Pump Station Parcel”) and 10 (“Fire Substation Parcel”) must also be recorded.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Healdsburg hereby authorizes the City Manager to execute on behalf of the City of Haldsburg the grant deed from SLR to the City for the new Parcel 8 (“Public Park Parcel”), amended grant deeds from SLR to the City related to Parcels 5 and 6 (“Affordable Housing Land”), Parcel 9 (“Pump Station Parcel”) and 10 (“Fire Substation Parcel”), as well as the related certificate of acceptance to be attached to said grant deed for new Parcel 8 (“Public Park Parcel”) and amended grant deeds Parcels 5 and 6 (“Affordable Housing Land”), Parcel 9 (“Pump Station Parcel”) and 10 (“Fire Substation Parcel”) in accordance with California Government Code Section 27281.

PASSED, APPROVED, AND ADOPTED this 20th day of March 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. 109 Attachment: Vineyard Easement Map (3975 : Saggio Park Title Transfer)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 20, 2023
SUBJECT: Introduction of ordinance approving Fourth Amendment to the Development Agreement between City of Healdsburg and CCS Healdsburg, LLC
PREPARED BY: Linda Ruffing, Planning Consultant
STRATEGIC INITIATIVE(S):

Expand Affordable Housing Opportunities
RECOMMENDED ACTION(S):

By motion, introduce for first reading, by title only and waiving the full reading of the text, an ordinance amending the Development Agreement by and between the City of Healdsburg and CCS Healdsburg, LLC, for the North Village Project to modify the affordability levels for the affordable housing component of the North Village Project and to authorize a three-unit reduction in the overall number of affordable units in reliance on the certified NEAP EIR and with adoption of a CEQA exemption pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183.

COMMUNITY ENGAGEMENT/OUTREACH:

Planning for the North Village Project site began in 2018 with the initiation of the North Entry Area Plan planning process. Over the course of the past five years, the Planning Commission has held numerous workshops and the Planning Commission and City Council have conducted public hearings relating to entitlements for various components of the North Village Project.

Community engagement related to affordable housing within the North Village Project occurred in connection with the processing of master entitlements in 2019 and 2020, culminating in approval of a Development Agreement ("DA") with CCS Healdsburg, LLC ("Comstock") for the North Village Project (DA 2020-01).

The Planning Commission and City Council subsequently considered an amendment to the DA (DA 2020-01.01) to modify the affordability levels for 10 of the 30 units of affordable housing at the Enso Village Senior Housing community at public hearings conducted in February, March and June of 2022.

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The Planning Commission conducted a public hearing on February 28, 2023 to receive public input and take action on an amendment to the DA proposed by Comstock and Burbank Housing Development Corporation ("Burbank") to adjust the affordability levels and number of affordable units within the non-senior housing portion of the North Village Project.

BACKGROUND:

The North Village Project site comprises the North Entry Area Plan ("NEAP") planning area. In May 2019, the Healdsburg City Council certified an Environmental Impact Report ("NEAP EIR") and adopted the NEAP and an ordinance amending the Healdsburg Municipal Code to establish implementing regulations for the NEAP. The NEAP establishes a vision concept, land use guidelines, development standards and design guidelines for a new mixed-use neighborhood on the 32-acre North Village site.

In April 2020, the City Council entered into a Development Agreement ("DA") with CCS Healdsburg, LLC ("Comstock") for the North Village Project (DA 2020-01). The DA allows for development of up to 301 residential units, approximately 12,000 square feet of commercial space, and a 108-key hotel with a restaurant, bar and other amenities. The DA required the developer to construct a minimum of 15 low- and very low-income units, 39 moderate-income units and 26 middle-income units, plus 20 senior living units affordable to households with very low-income and 10 units to households with moderate-incomes. The DA was amended in June 2022 at the request of the Enso Village developer (Kendal at Sonoma, a Zen Inspired Community) to change the affordability levels for 10 of the 20 very low-income senior living units that are reserved for the "Zen Teachers" to 5 low-income and 5 moderate-income units with 10 remaining as very low-income units (DA 2020-01.01). Two other amendments to the DA have been approved. One amendment modifies Comstock and City obligations with regard to construction of a Fire Substation (DA 2020-01.02); the other modifies the timing for recordation of the affordable/workforce housing regulatory agreement and middle-income housing regulatory agreement (DA 2020-01.03). The DA and its three amendments are available for review on the City's website at: https://www.ci.healdsburg.ca.us/842/North-Entry-Area-Plan.

A Master Conditional Use Permit (CUP 2020-04; "Master CUP") was approved by the Planning Commission in February 2020. It established allowable uses and densities for each of the four parcels on the North Village site, defined required backbone infrastructure improvements to serve the development, and authorized a Shared Parking Plan. The Master CUP was amended by the Planning Commission in February 2022 to modify the affordability requirements for Enso Village (CUP 2020-04.01) to conform to DA 2020-01.01 as discussed above.

In November 2020, the Planning Commission approved Design Review and a Conditional Use Permit (DR 2020-09, CUP 2020-02) authorizing development of a senior living community on Parcel 1 with 221 senior independent living units, 54 assisted living/memory care beds, and associated amenities. These permits were amended in February 2022 to authorize a reduction parking spaces and modifications to the floor plan and facades of the car barn.

In May 2021, the Planning Commission approved Design Review and a Conditional Use Permit (DR 2021-06, CUP 2021-03) for a 108-key hotel with fitness facility, spa, restaurant, rooftop bar and meeting spaces on Parcel 3 and Design Review and a Conditional Use Permit (DR 2021-07,

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CUP 2021-04) for a mixed-use project on Parcel 4 with 12,000 square feet of commercial/retail space, 45 multi-family units, and 5 live-work units. Of these units, 24 would be targeted to moderate-income households and 26 would be targeted to middle-income households.

DISCUSSION/ANALYSIS:

Project Overview
The 32-acre North Village Project site is located at the northern end of Healdsburg between US 101 and Healdsburg Avenue (Attachment 2, Site Vicinity Map). The site is bisected by an inactive rail corridor which runs parallel to Healdsburg Avenue upon which the Sonoma-Marin Area Rail Transit has plans for future passenger rail service. Access to the site is provided via a public, at-grade rail crossing and a private street (Boxheart Drive) with a secondary emergency vehicle access from Healdsburg Avenue located near the north property boundary. While the site is approximately 32 acres, the developable area is roughly 18 acres in size due to constraints imposed by topography, drainage easements, a seismic fault zone and setbacks for the railroad corridor.

Fourth Amendment to the Development Agreement (DA 2020-01.04) The 4th DA Amendment would modify the affordability levels for Affordable/Workforce housing and Middle Income housing that is planned on Parcels 2 and 4 of the North Village Project. Attachment 1 presents the ordinance for adoption of the 4th DA Amendment with the text of the DA Amendment presented in Exhibit 1. As shown, Sections 5.1 and 5.2 of the DA are deleted in their entirety and replaced by modified language. Specific changes that are proposed are shown below with strike-through text denoting words to be deleted and underlined text denoting words to be added.

5.1 Affordable/Workforce Housing Units.
(a) Developer shall cause construction of a minimum of thirty (30) fifty-three (53) units of Affordable/Workforce Housing within the Project, affordable to households with very low, low, and moderate incomes, as follows:
(i) Six (6) Approximately ten (10) dwelling units are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Very Low Income Households.
(ii) Nine (9) Approximately forty-two (42) dwelling units are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Low and Moderate Income Households.
(iii) Fifteen (15) One (1) dwelling units, the manager's unit, will be a restricted unit, up to 120% of AMI. are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Moderate Income Households.
(b) Notwithstanding the foregoing, the final mix of
Affordable/Workforce Housing units in any given affordability category may vary, but in no event shall less than three (3) units be occupied by Very Low Income Households, and

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no greater than thirteen (13) units be occupied by Moderate Income Households, nor shall more than fifteen (15) units be occupied by households between 80% and 120% of AMI. (c) Developer shall provide approximately five (5) eighteen (18) one-bedroom dwelling units, nine (9) twenty-four (24) two-bedroom dwelling units, and sixteen (16) eleven (11) three-bedroom dwelling units within the Affordable/Workforce Housing. Notwithstanding the foregoing, Developer shall have the right to construct at least eight (8) three-bedroom dwelling units within the Affordable/Workforce Housing. (d) Developer or developer's successor in interest with respect to the parcel or parcels on which the Affordable/Workforce Housing is to be located shall enter into an “Affordable Housing Agreement” with City setting forth its obligations to provide and maintain the Affordable/Workforce Housing units for a term of 55 years. The Affordable Housing Agreement shall be executed by Developer or developer's successor in interest with respect to the portion of the Property containing the Affordable/Workforce Housing units and be recorded against such portion of the Property containing the Affordable/Workforce Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Affordable Housing Agreement shall be assignable to and assumable by the owner and operator of the Affordable/Workforce Housing units, and all portions of the Property except for the parcel containing the Affordable/Workforce Housing units shall be released from the City shall release the Affordable Housing Agreement from the Property except for the parcel containing the Affordable/Workforce Housing units upon the first to occur of (i) issuance of a final certificate of occupancy for the Affordable/Workforce Housing units or (ii) delivery to City of a completion issuance of a completion guaranty pursuant to Section 5.5(a) of this Agreement, whichever is earlier. After satisfaction of the earliest to occur of such conditions, and upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Affordable Housing Agreement with respect to those portions of the Property no longer subject to such obligations and authorize recordation thereof in the Official Records.

5.2 Middle Income Housing Units.
(a) Developer shall cause construction of a minimum of fifty (50) twenty-four (24) units of Middle Income Housing within the Project, which shall be made available at an affordable rent to households with moderate and middle incomes Middle Income Households, as follows:
(i) Twenty-four (24) dwelling units shall be made available for occupancy at an affordable rent, adjusted for household size, to Moderate Middle Income Households.
(i) Twenty one (21) dwelling units shall be made available for occupancy at an affordable rent, adjusted for household size, to Middle Income Households.
(ii) Five (5) live-work units shall be made available for occupancy at an affordable rent, adjusted for household size, to Middle Income Households.

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(b) Developer shall provide fifteen (15) studio dwelling units, sixteen (16) one-bedroom dwelling units, fourteen (14) two-bedroom dwelling units, and five (5) livework dwelling units of approximately 1,000 square feet per unit within the Middle Income Housing.
(cb) The Middle Income Housing will require Growth Management Ordinance (“GMO”) Category C allocations. If the GMO is modified in the future to allow units sold at an affordable sales price to Middle Income Households to qualify for Category C allocations, Developer may, in its sole discretion, develop the Middle Income Housing for sale rather than for rent at an affordable sales price to Middle Income Households. (c) Developer or its successor in interest shall enter into a “Middle Income Housing Agreement” with City setting forth its obligations to provide and maintain the Middle Income Housing units for a term of 55 years. The regulatory agreement shall meet any applicable requirements of the GMO Policies and Procedures as may be amended, or applicable new GMO policies and procedures that may be adopted, by the City Council specifically for Middle Income Housing units that do not otherwise conflict with the terms of this Agreement. The Middle Income Housing Agreement shall be executed by Developer or its successor in interest with respect to the portion of the Property containing the Middle Income Housing units and be recorded against such portion of the Property containing the Middle Income Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Middle Income Housing Agreement shall be assignable to and assumable by the owner and operator of the Middle Income Housing units, and City shall release the Middle Income Housing Agreement from all portions of the Property except for the parcel containing the Middle Income Housing units shall be released from the Middle Income Housing Agreement upon the first to occur of (i) issuance of a final certificate of occupancy for the last Middle Income Housing units to be constructed or (ii) delivery to City of a completion issuance of a guaranty pursuant to Section 5.5(a) of this Agreement, whichever is earlier. After satisfaction of the earliest to occur of such conditions, upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Middle Income Housing Agreement with respect to those portions of the Property no longer subject to such obligations, and authorize recordation thereof in the Official Records.

In addition to the modifications noted above, the 4th DA Amendment includes the following minor changes:
▪ Recital E in the DA is modified to reflect the changes to the mix and affordability levels for the Affordable/Workforce and Middle Income housing. ▪ Section 5.4(c) is updated to clarify that the obligations of the Senior Living Community Affordable Housing Agreement have been assigned to Kendal at Sonoma as the owner and operator of the Senior Living Community.
▪ Section 5.5(a) is modified to refer to the form of the completion guaranty attached to the 4th DA Amendment and to cross-reference other sections that reference the guaranty.

Summary of Changes to Unit Count and Affordability Levels

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As shown on the following tables, the 4th DA Amendment would deepen the affordability levels for the North Village project by increasing the number of Low- and Very Low-Income units and decreasing the number of Moderate- and Middle-Income Units. The number of Middle-Income units (i.e., the Category C units) would be decreased from 26 to 24 units and, overall, the sitewide number of units would decrease by 3 units.

NORTH VILLAGE - APPROVED HOUSING AFFORDABILITY MIX
Affordability AMI Parcel 4 Parcel 2 Enso
Village
TOTAL
Very Low and Low 50 - 80% 15 15 30
Moderate 80 -120% 24 15 15 54
Middle 120 -160% 26 26
TOTAL UNITS 50 30 30 110
Note: Enso originally had 20 Very Low and 10 Moderate units. This was modified by the 1st DA Amendment to 10 Very Low, 5 Low and 15 Moderate units (June 2022)

NORTH VILLAGE - PROPOSED HOUSING AFFORDABILITY MIX
Affordability AMI Parcel 4 Parcel 2 Enso
Village
TOTAL
Very Low and Low 50 - 80% 40 15 55
Moderate 80 -120% 13 15 28
Middle 120 -160% 24 24
TOTAL UNITS 53 24 30 107
Context for Proposed 4th DA Amendment
The original plans for the North Village Project as embodied in the Master CUP and DA envisioned 30 multi-family apartment units on Parcel 2 and 50 multi-family apartment units in a mixed use development on Parcel 4. In 2020, Comstock and Burbank teamed up to develop an affordable housing project on Parcel 2. Burbank applied for tax credit financing for a 36-unit affordable housing project and the application was unsuccessful. In 2021, Burbank applied for tax credit financing for a 53-unit affordable housing project on Parcel 4. That application was also unsuccessful. Burbank and Comstock are now planning to fund a proposed affordable housing project on Parcel 4 through the issuance of tax-exempt revenue bonds through the California Municipal Finance Authority (CFMA) Joint Powers Authority. This funding source requires that 75% of the units be affordable to very low- and low-income households. The remaining 25% of the units may be targeted to moderate-income households.

Comstock and Burbank are seeking flexibility in the number of units in each affordability category in order for the mix to be tailored to revenue requirements and market conditions. As set forth in the proposed 4th DA Amendment, the proposed affordability mix for the 53-unit project on Parcel 4 would include:

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▪ approximately 10 units to be restricted to Very Low-Income households (at or below 50% AMI)
▪ approximately 42 units to be restricted to Low- and Moderate-Income households (50-120% AMI).
▪ 1 unit (the manager's unit) to be restricted as Moderate-Income (80-120% AMI)
▪ Of the total 53 units - at least 3 units must be Very Low-Income and no more than 13 units may be Moderate-Income.

The DA Amendment would require that 24 Middle-Income housing units (120-160% AMI) be developed within the Project. Comstock proposes to construct the Middle-Income units on Parcel

2. Plans for the Parcel 2 project are currently in the City's development review process. The proposed plans include 24 "for sale" townhome units in three buildings with attached two-car garages for each unit.

The DA Amendment would result in a net reduction of 3 units in the total amount of housing on the North Village site. The DA currently requires a total of 301 units and the 4th DA Amendment would result in 298 units.

The following table from the City of Healdsburg's draft Housing Element Update (6th Cycle) presents a strategy for addressing the City's Regional Housing Needs Allocation (RHNA), which incorporates North Village Project development at the approved affordability levels. As shown, the RHNA identifies the greatest unmet housing needs as in the Very Low, Low-, and Above Moderate-Income categories, all of which would be addressed by proposed housing on Parcels 2 and 4 of the North Village Project and the modifications included in the 4th DA Amendment.

The modifications to the affordability mix as proposed in the 4th DA Amendment have a minimal effect on the City's ability to meet its 6th Cycle Regional Housing Needs Allocation as demonstrated by the chart above. However, the North Village affordable housing project, as a whole, is critical in meeting our State mandated housing goals. While RHNA may not be a true

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reflection of the City's total housing needs, it plays an important role in ensuring the City can access funding, and accommodating the RHNA is required for the City to remain in compliance with housing element law. The increase in the Very-Low to Low Income units will provide rents affordable to a family of four making between $59,400 to $95,050 a year and for individuals making between $41,600 and $66,500 a year. With the average salary for a hotel worker in Healdsburg currently at $48,036, these units will be in high demand and fit a market need.

Planning Commission Recommendation:

On February 28, 2023, the Planning Commission conducted a public hearing on the 4th DA Amendment and related entitlements. The Planning Commission adopted a resolution recommending that the City Council approve the 4th DA Amendment. They also approved the other requested entitlements subject to the City Council's approval of the 4th DA Amendment.

Attachment 3 presents the Planning Commission staff report for the February 28, 2023 hearing on the 4th DA Amendment and Attachment 4 presents the draft minutes of the Planning Commission meeting. Attachment 5 presents Planning Commission Resolution No. 2023-04 recommending that the City Council adopt an ordinance approving the 4th DA Amendment (DA 2020-01.04) based on the following findings:

A. The Development Agreement and its Fourth Amendment are consistent with the Healdsburg 2030 General Plan, the North Entry Area Plan, and the Land Use Code. The City Council made findings of consistency in its action to adopt Ordinance No. 1202, approving the Development Agreement, and the Fourth Amendment does not modify the Development Agreement in any way that would conflict with the goals and policies of the Healdsburg 2030 General Plan and the North Entry Area Plan, and requirements of the City's Land Use Code.

B. The Development Agreement and its Fourth Amendment will provide Healdsburg with tangible benefits including: 107 units of Affordable and Middle Income Housing; a $2,000,000 contribution for construction of a Fire Substation; contribution of $250,000 to the City for connectivity improvements; annual payments to the City of approximately $334,000 per year from the Senior Living Community for lost tax revenue and increased demands for services; remittance of a 1/2% Hotel Add-On Fee (beginning 10 years after issuance of a certificate of occupancy for the hotel); and other improvements.

C. Any environmental impacts related to the Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act.

On May 20, 2019, the City Council certified the Final Environmental Impact Report ("EIR") for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. An Addendum to the NEAP EIR ("Addendum") was prepared pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164, to document the City’s review of subsequent entitlements for the North Village project. As explained in the Addendum, the City determined that the North Village Project did not warrant preparation of a subsequent or supplemental EIR as the Project involved no new significant environmental effects and would not result in a substantial increase in the severity of previously identified significant effects. The EIR and Addendum can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the

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Fourth Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR, (b) significant impacts/effects will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects/impacts, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects/impacts on the environment.

ENVIRONMENTAL STEWARDSHIP:

The environmental effects of the North Village Project were evaluated at a programmatic level in the NEAP EIR and at a project-specific level in an Addendum to the EIR. All development on the North Village site is subject to a Mitigation Monitoring and Reporting Program ("MMRP") that was prepared for the NEAP EIR.

ALTERNATIVES:

1. Recommended actions: introduce for first reading and waive full reading of text of ordinance approving Fourth Amendment to the Development Agreement for the North Village Project (DA 2020-01.04).

2. Incorporate specific modifications into the ordinance prior to taking Council action. Note:
depending on the substance of such changes, the ordinance may need to be sent back to the Planning Commission for review prior to Council action.

3. Defer action on the ordinance and direct staff to provide additional information and/or analysis to help inform City Council action(s).

FISCAL IMPACT:

The North Village Project is a privately funded development. The project will generate property and sales tax revenues which will help to offset the City's costs of providing services to the project.

ENVIRONMENTAL ANALYSIS:

During the NEAP planning process, an Environmental Impact Report ("NEAP EIR") was prepared to analyze the potential project and cumulative environmental impacts associated with future development under the NEAP (State Clearinghouse No. 2018062041). The NEAP EIR found that, with the implementation of mitigation measures identified in the EIR, all significant impacts could be reduced to a less than significant level except for the traffic impacts and safety hazards at the U.S. 101/Dry Creek Road intersection and the Dry Creek Road/Grove Street intersection. These impacts were identified as significant unavoidable adverse impacts and pursuant to CEQA Guidelines section 15083, a Statement of Overriding Considerations was adopted as part of the City Council resolution certifying the NEAP EIR. On May 20, 2019, the

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City Council certified the NEAP EIR and adopted a Mitigation Monitoring and Reporting Program ("NEAP MMRP") to ensure implementation of mitigation measures identified in the EIR.

An Addendum to the NEAP EIR was prepared pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164, to document the City’s review of subsequent entitlements for the North Village project. As explained in the Addendum, the City determined that the North Village Project did not warrant preparation of a new subsequent or supplemental EIR as the Project involved no new significant environmental effects and would not result in a substantial increase in the severity of previously identified significant effects.

For the 4th DA Amendment, the City has identified the following applicable CEQA streamlining and/or tiering code sections, each of which, separately and independently, provides a basis for the project’s CEQA compliance:

A. A Community Plan Exemption, pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183;
B. Reliance on the NEAP EIR as a Program EIR, pursuant to CEQA Guidelines section 15168.

Based on an examination of the analysis, findings, and conclusions of the NEAP EIR and Addendum, the potential impacts of the proposed North Village Project with adoption of the 4th DA Amendment remain within the impacts previously analyzed and disclosed in the NEAP EIR and its Addendum. Moreover, none of the circumstances described in CEQA Guidelines section 15162 that require subsequent or supplemental environmental review have occurred. Therefore, per CEQA Guidelines sections 15162, 15164, 15168 and 15183 no further analysis is required under CEQA before taking action on the 4th DA Amendment for the North Village Project.

ATTACHMENT(S):

1. Ordinance

2. Site Vicinity Map

3. PC Staff Report

4. PC Minutes

5. PC Resolution

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CITY OF HEALDSBURG
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HEALDSBURG APPROVING A FOURTH

AMENDMENT TO THE DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF

HEALDSBURG AND CCS HEALDSBURG, LLC FOR

THE NORTH VILLAGE PROJECT
WHEREAS, under the authority of Ordinance No. 1202, the City of Healdsburg, a California municipal corporation (“City”) and CCS Healdsburg, LLC, a Delaware limited liability company ("Developer") entered into a Development Agreement, dated May 6, 2020; and a Memorandum of Development Agreement was recorded in the Official Records of Sonoma County on June 1, 2020, as Instrument No. 2020-041464 (“Development Agreement”); and WHEREAS, the Development Agreement governs the development of an approximately 32-acre property located at 16977 Healdsburg Avenue with a Senior Living Community with 221 independent living units, ancillary facilities including dining facilities, meeting rooms, administrative offices, and a total of 54 assisted living and memory care beds; 30 multi-family apartments; a 108-key hotel with a restaurant/bar, fitness facility and spa, meetings rooms and other amenities; and 45 multi-family units, five live-work units, and 12,000 square feet of commercial/retail space in a mixed use development ("Project"); and WHEREAS, City staff and Developer have prepared a proposed Fourth Amendment to the Development Agreement ("Fourth Amendment") for consideration by the Healdsburg Planning Commission and the Healdsburg City Council; and
WHEREAS, the Fourth Amendment is intended to provide for efficient and cost-effective completion of construction of the affordable housing component of the North Village Project given changes in construction costs, project financing, and other factors that have occurred since the City originally approved the Development Agreement; and
WHEREAS, in accordance with Sections 65864 through 65869.5 of the California Government Code (“State Development Agreement Law”), the City adopted Ordinance No. 1097 to add Chapter 17.20 to the Healdsburg Municipal Code authorizing the use of, and imposing additional requirements on, development agreements; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.), the City prepared and, on May 20, 2019, the City Council certified the Final Environmental Impact Report for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations which can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448; and

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WHEREAS, pursuant to Chapter 17.20.060 of the Healdsburg Municipal Code, the Planning Commission held a noticed public hearing on February 28, 2023, for the purpose of receiving oral testimony on, deliberating, and making a recommendation regarding the proposed Second Amendment. The Commission considered all public comments received and all pertinent documents, including the Staff Report dated February 28, 2023, regarding the proposed Fourth Amendment, and by Resolution No. 2023-04, recommended approval of the Fourth Amendment; and
WHEREAS, the Healdsburg City Council held a duly noticed public hearing on the Fourth Amendment on March 20, 2023, reviewed the written and verbal staff reports, took testimony, and received into the record all pertinent documents related to the Project.

NOW, THEREFORE BE IT ORDAINED that the Healdsburg City Council hereby approves the Fourth Amendment to the Development Agreement by and between the City of Healdsburg and CCS Healdsburg, LLC, as presented in Exhibit 1 to this ordinance and based upon the facts and findings as set forth below:

Section 1. Findings.

1. The foregoing Recitals are true and correct and by this reference are made a part hereof.

2. The Development Agreement and its Fourth Amendment are consistent with the Healdsburg 2030 General Plan, the North Entry Area Plan, and the Land Use Code.

The City Council made findings of consistency in its action to adopt Ordinance No. 1202, approving the Development Agreement, and the Fourth Amendment does not modify the Development Agreement in any way that would conflict with the goals and policies of the Healdsburg 2030 General Plan and the North Entry Area Plan, and requirements of the City's Land Use Code.

3. The Development Agreement and its Fourth Amendment will provide Healdsburg with tangible benefits including: 107 units of Affordable and Middle Income Housing; a $2,000,000 contribution for construction of a Fire Substation; contribution of $250,000 to the City for connectivity improvements; annual payments to the City of approximately $334,000 per year from the Senior Living Community for lost tax revenue and increased demands for services; remittance of a 1/2% Hotel Add-On Fee (beginning 10 years after issuance of a certificate of occupancy for the hotel); and other improvements.

4. Any environmental impacts related to the Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act. On May 20, 2019, the City Council certified the Final Environmental Impact Report ("EIR") for the North Entry Area Plan (State Clearinghouse No. 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations.

An Addendum to the NEAP EIR ("Addendum") was prepared pursuant to Public

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Resources Code section 21166 and CEQA Guidelines section 15164, to document the City’s review of subsequent entitlements for the North Village project. As explained in the Addendum, the City determined that the North Village Project did not warrant preparation of a subsequent or supplemental EIR as the Project involved no new significant environmental effects and would not result in a substantial increase in the severity of previously identified significant effects. The EIR and Addendum can be found in the Planning Department’s files for the North Village Project at 401 Grove Street, Healdsburg, CA 95448. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review is required for the Fourth Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR, (b) significant impacts/effects will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects/impacts, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects/impacts on the environment.

Section 2. Approval and Execution. The City Council hereby approves the Fourth Amendment to the Development Agreement, substantially in the form attached hereto as Exhibit 1, subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution hereof. The City Council further authorizes the City Manager to execute the Fourth Amendment on behalf of the City.

Section 3. Severability. If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions may be declared unconstitutional, unlawful or otherwise invalid.

Section 4. Effective and Operative Dates. This Ordinance of the City of Healdsburg shall be effective thirty (30) days after the date of its passage. Before expiration of fifteen days after its passage, this ordinance or a summary thereof as provided in Government

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Code Section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the City Council voting for and against its passage.

This ordinance was introduced by the City Council of the City of Healdsburg, County of Sonoma, at a regular meeting thereof on the 20th day of March, 2023, and passed and adopted on the __ day of ____, 2023 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
___________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
Dated: ______________________________

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Exhibit 1

FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT (the “Fourth Amendment”) is made and entered into as of [the 30th day following final adoption of the ordinance approving it] ("Fourth Amendment Effective Date") by and between the CITY OF HEALDSBURG, a California municipal corporation ("City") and CCS HEALDSBURG, LLC, a Delaware limited liability company (“Developer”). City and Developer may each be referred to as a “Party,” and collectively as the “Parties.”

RECITALS
A. On May 6, 2020, the Parties entered into that certain Development Agreement (the "Original Agreement"), which Original Agreement was recorded on June 1, 2020 in the Official Records of Sonoma County (“Official Records”) as Document No. 2020041464, as amended by that certain First Amendment to Development Agreement (“First Amendment”) dated as of June 21, 2022, and memorialized in that certain Memorandum of First Amendment to Development Agreement dated June 21, 2022, which recorded in the Official Records on September 30, 2022 as Document No. 2022063576, and by that certain Second Amendment to Development Agreement (“Second Amendment”) dated as of April 18, 2022 and memorialized in the certain Memorandum of Second Amendment to Development Agreement dated April 18, 2022 and recorded in the Official Records on September 13, 2022 as Instrument No. 2022059935, and by that certain Third (Administrative Agreement) Amendment to Development Agreement (the “Third Amendment”) dated as of December 22, 2022, (the Original Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment shall be referred to as the “Development Agreement”). The Development Agreement concerns the development of an approximately 32-acre parcel of land at 16977 Healdsburg Avenue in the City of Healdsburg, defined as the "Property" in the Development Agreement, and shown on Exhibit A attached to the Original Agreement. The Development Agreement was assigned in part to KENDAL AT SONOMA, A ZEN INSPIRED COMMUNITY, a California nonprofit public benefit company (“Kendal”), pursuant to that certain Partial Assignment of Rights and Assumption of Obligations Under Development Agreement (the "Partial Assignment") dated August 20, 2020, which was recorded in the Official Records on August 21, 2020 as Instrument No. 2020071885.

B. The parties agree to modify the Development Agreement pursuant to Government Code Sections 65867 and 65868, and Healdsburg Municipal Code Section 17.20.060, in order to modify the terms related to the affordable housing conditions as provided below.

C. On _____________, 2023, the City Council, after duly noticed public hearing, introduced its Ordinance _________ approving this Fourth Amendment and authorizing its execution and adopted that Ordinance __________ on ____________. Ordinance ____________ became effective on _____________.

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AGREEMENT
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, Parties consent to this Fourth Amendment as follows:

1. Defined Terms. All capitalized terms used herein shall have the meanings given in the Development Agreement, except as expressly otherwise defined herein.

2. Enumeration of Specific Deletions and Amendments. The Development Agreement is hereby revised to incorporate the following amendments. (a) Replace and restate Recital E, Paragraphs 1.a. and 1.b. in their entirety as

1.a. Fifty-three (53) affordable/workforce apartments subject to recorded restrictions that require occupancy by households with very low, low, and moderate incomes, of which approximately ten (10) units are anticipated to be for households at or below 50% of area median income (“AMI”), approximately forty-two (42) units are anticipated to be for households between 50% and 120% of AMI and one (1) unit, the manager’s unit will be restricted to be for a household of up to 120% of AMI (collectively, “Affordable/Workforce Housing”).

1.b. Twenty-four (24) multi-family housing units subject to recorded restrictions that require occupancy by Middle Income Households (or below), (collectively, “Middle Income Housing”).
(b) Replace and restate Section 5.1 in its entirety as follows:

5.1 Affordable/Workforce Housing Units.
(a) Developer shall cause construction of a minimum of fiftythree (53) units of Affordable/Workforce Housing within the Project, affordable to households with very low, low, and moderate incomes, as follows:
(i) Approximately ten (10) dwelling units are anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Very Low Income Households.
(ii) Approximately forty-two (42) dwelling units are
anticipated to be made available for occupancy at an affordable rent, adjusted for household size, to Low and Moderate Income

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Packet Pg. 125 Attachment: 1. Ordinance (3982 : North Village DA 4th Amendment) Ordinance No.

Households.
(iii) One (1) dwelling unit, the manager’s unit, will be a restricted unit up to 120% of AMI.
(b) Notwithstanding the foregoing, the final mix of
Affordable/Workforce Housing units in any given affordability category may vary, but in no event shall less than three (3) units be occupied by Very Low Income Households, and no greater than thirteen (13) units be occupied by Moderate Income Households.
(c) Developer shall provide approximately eighteen (18) one-bedroom dwelling units, twenty-four (24) two-bedroom dwelling units, and eleven (11) three-bedroom dwelling units within the Affordable/Workforce Housing. Notwithstanding the foregoing, Developer shall have the right to construct at least eight (8) three-bedroom dwelling units within the Affordable/Workforce Housing.
(d) Developer or its successor in interest with respect to the parcel or parcels on which the Affordable/Workforce Housing is to be located shall enter into an “Affordable Housing Agreement” with City setting forth its obligations to provide and maintain the Affordable/Workforce Housing units for a term of 55 years. The Affordable Housing Agreement shall be executed by Developer or developer's successor in interest with respect to the portion of the Property containing the Affordable/Workforce Housing units and be recorded against such portion of the Property containing the Affordable/Workforce Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Affordable Housing Agreement shall be assignable to and assumable by the owner and operator of the Affordable/Workforce Housing units, and all portions of the Property except for the parcel containing the Affordable/Workforce Housing units shall be released from the Affordable Housing Agreement upon the first to occur of (i) issuance of a certificate of occupancy for the Affordable/Workforce Housing units or (ii) delivery to City of a completion guaranty pursuant to Section 5.5(a) of this Agreement, whichever is earlier. After satisfaction of the earliest to occur of such conditions, and upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Affordable Housing Agreement with respect to those portions of the Property no longer

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subject to such obligations and authorize recordation thereof in the Official Records.
(c) Replace and restate Section 5.2 in its entirety as follows:

5.2 Middle Income Housing Units.
(a) Developer shall cause construction of a minimum of twentyfour (24) units of Middle Income Housing within the Project, which shall be made available at an affordable rent to Middle Income Households, as follows:
(i) Twenty-four (24) dwelling units shall be made
available for occupancy at an affordable rent, adjusted for household size, to Middle Income Households.
(b) The Middle Income Housing will require Growth
Management Ordinance (“GMO”) Category C allocations. Developer may, in its sole discretion, develop the Middle Income Housing for sale rather than for rent at an affordable sales price to Middle Income Households. (c) Developer or its successor in interest shall enter into a “Middle Income Housing Agreement” with City setting forth its obligations to provide and maintain the Middle Income Housing units for a term of 55 years. The regulatory agreement shall meet any applicable requirements of the GMO Policies and Procedures as may be amended, or applicable new GMO policies and procedures that may be adopted, by the City Council specifically for Middle Income Housing units that do not otherwise conflict with the terms of this Agreement. The Middle Income Housing Agreement shall be executed by Developer or its successor in interest with respect to the portion of the Property containing the Middle Income Housing units and be recorded against such portion of the Property containing the Middle Income Housing units prior to City issuance of a final certificate of occupancy for the hotel. The Middle Income Housing Agreement shall be assignable to and assumable by the owner and operator of the Middle Income Housing units, and all portions of the Property except for the parcel containing the Middle Income Housing units shall be released from the Middle Income Housing Agreement upon the first to occur of (i) issuance of a final certificate of occupancy for the last Middle Income Housing unit to be constructed or (ii) delivery to City of a completion guaranty pursuant to Section 5.5(a) of this Agreement. After satisfaction of the earliest to occur of such conditions, upon request of Developer or its successor, City will provide a release in recordable form from the obligations of the Middle Income Housing Agreement with respect to those portions of the Property

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no longer subject to such obligations, and authorize recordation thereof in the Official Records.
(d) The final sentence in Section 5.4(c) is deleted in its entirety and replaced with the following:
“The obligations with respect to the Senior Living Community Affordable Housing Agreement has been assigned to Kendal pursuant to the Partial Assignment, as the owner and operator of the Senior Living Community, and the obligations arising thereunder, and all other obligations set forth in Section 5.4 of the Development Agreement with respect to Senior Living Community Affordable Housing are not applicable to any other parcels of the Property other than the Senior Living Community.”
(e) Replace and restate Section 5.5(a) in its entirety as follows:

5.5(a) All Workforce/Affordable Housing units and Middle Income Housing units must have received a certificate of occupancy before City will issue a final certificate of occupancy for the hotel portion of the Property. Notwithstanding the foregoing, in lieu of obtaining certificates of occupancy for Workforce/Affordable Housing or Middle Income Housing units required immediately above, Developer or its successor may provide a completion guaranty in favor of City, in substantially the form attached as Exhibit 1 hereto, or in a form reasonably acceptable to the City Manager, whose approval thereof shall not be unreasonably withheld, conditioned, or delayed, in order to secure the obligation to obtain certificates of occupancy for any Workforce/Affordable Housing units or Middle Income Housing units otherwise required under this Agreement but not yet obtained. The completion guaranty(ies) that may be provided with respect to this Section

5.5(a) (and also including the corresponding provisions of Sections 5.1(d) and 5.2(c) with respect to the delivery of a completion guaranty as to the Workforce/Affordable Housing units and/or Middle Income Housing units, respectively), may be provided by (or if previously provided by Developer, assigned to and assumed by) the owner and operator of the Workforce/Affordable Housing units and/or Middle Income Housing units, respectively, and upon such completion guaranty being provided (or assigned and assumed) by such party, City shall release the remainder of the Property from the obligations imposed by this Section 5.5(a) and Sections

5.1(d) and 5.2(c), as applicable.

3. Interpretation. The Development Agreement shall be construed as having been modified by this Fourth Amendment. Except as expressly modified by this Fourth Amendment. the Development Agreement remains in full force and effect. In the case of conflict

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between the provisions hereof and the terms of the Development Agreement, the provisions of this Fourth Amendment shall control.

4. Recording of Memorandum. Approximately concurrent with the Fourth Amendment Effective Date, the Parties shall execute, acknowledge and record a Memorandum of this Fourth Amendment in the Official Records.

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IN WITNESS WHEREOF, this Amendment has been executed as of the date first written above.

CITY
City of Healdsburg, a California municipal corporation
By: _________________________
Jeff Kay
City Manager
APPROVED AS TO FORM:

By: __________________________
Samantha Zutler, Esq. City Attorney
ATTEST:

By: __________________________
Raina Allan, City Clerk

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DEVELOPER
CCS Healdsburg, LLC, a Delaware limited liability
company
By: CCS Healdsburg Manager, LLC, a Delaware limited
liability company
Its: Manager
By: CCA Management, LLC,
a California limited liability company
Its: Manager
By: Comstock Crosser & Associates
Development Company, LLC, a California
limited liability company
Its: Manager
By:

Nicholas Long, CFO

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EXHIBIT 1

FORM OF COMPLETION GUARANTY
THIS COMPLETION GUARANTY (the “Guaranty”) is made as of ____________________ (“Guarantor”), for the benefit of the CITY OF HEALDSBURG, a California municipal corporation (“City”), with reference to the following recitals of fact:

RECITALS
A. WHEREAS, CCS HEALDSBURG, LLC, a Delaware limited liability company (“Master Developer”) and City entered into that certain Development Agreement (the "Original Agreement"), which Original Agreement was recorded on June 1, 2020 in the Official Records of Sonoma County (“Official Records”) as Document No. 2020041464, as amended by that certain First Amendment to Development Agreement (“First Amendment”) dated as of June 21, 2022, and memorialized in that certain Memorandum of First Amendment to Development Agreement dated June 21, 2022, which recorded in the Official Records on September 30, 2022 as Document No. 2022063576, and by that certain Second Amendment to Development Agreement (“Second Amendment”) dated as of April 18, 2022 and memorialized in the certain Memorandum of Second Amendment to Development Agreement dated April 18, 2022 and recorded in the Official Records on September 13, 2022 as Instrument No. 2022059935, and by that certain Third (Administrative Agreement) Amendment to Development Agreement (the “Third Amendment”) dated as of December 22, 2022, (the Original Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment shall be referred to as the “Development Agreement”). The Development Agreement concerns the development of an approximately 32-acre parcel of land at 16977 Healdsburg Avenue in the City of Healdsburg, defined as the "Property" in the Development Agreement, and shown on Exhibit A attached to the Original Agreement. The Development Agreement was assigned in part to KENDAL AT SONOMA, A ZEN INSPIRED COMMUNITY, a California nonprofit public benefit company (“Kendal”), pursuant to that certain Partial Assignment of Rights and Assumption of Obligations Under Development Agreement (the "Partial Assignment") dated August 20, 2020, which was recorded in the Official Records on August 21, 2020 as Instrument No. 2020071885.; B. WHEREAS, the Development Agreement contemplates the construction of affordable/workforce apartments subject to recorded restrictions that require occupancy by households with very low, low, and moderate incomes (the “Workforce/Affordable Housing”) as well as housing units subject to recorded restrictions that require occupancy by households with moderate and middle incomes (“Middle Income Housing”), on certain real property located within the City, commonly known as Parcels 2 and 4 of the North Village Site, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (“Parcel 2” and “Parcel 4”, respectively);
C. WHEREAS, pursuant to Section 5.5(a) of the Development Agreement, Master Developer is obligated to provide evidence of a completion guaranty to City, in a form reasonably acceptable to the City, to secure Master Developer’s obligation to deliver all Workforce/Affordable Housing units and Middle Income Housing units under the Development Agreement; and

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D. WHEREAS, Master Developer (also referred to in this Agreement as “Developer”), has provided to City this Guaranty from [Master Developer or an affiliate of Master Developer], in order to satisfy its obligation set forth in Section 5.5(a) of the Development Agreement with respect to the [Workforce/Affordable Housing units and the Middle Income Housing units]; and
[OR]
D. WHEREAS, in connection with the transfer of fee title from Master Developer to __________________ with regard to [Parcel __] (“Developer”), Developer has provided to City this Guaranty from Developer or its affiliate (referred to in this Agreement as “Guarantor”), in order to satisfy its obligation set forth in Section 5.5(a) of the Development Agreement; and
E. WHEREAS, Guarantor desires to guaranty to City completion of construction of the Workforce/Affordable Housing units and Middle Income Housing units in accordance with the terms of the Development Agreement and this Guaranty.

NOW, THEREFORE, in consideration of the foregoing and the agreements set forth below, Guarantor hereby agrees as follows:

1. Defined Terms. Capitalized terms not otherwise defined in this Guaranty are as defined in the Development Agreement.

2. Guaranty. Subject to the terms and conditions set forth herein, Guarantor unconditionally and irrevocably guarantees construction of the [Workforce/Affordable Housing units and/or Middle Income Housing units] by Developer as required by, and in accordance with, the terms and conditions of the Development Agreement.

3. Obligations of Guarantor Upon Default By Developer. If Developer fails to complete the construction of the [Workforce/Affordable Housing Units as may be provided in the Affordable Housing Agreement to be entered into with respect to the Project as provided in Section

5.1(d) of the Development Agreement with respect to the Workforce/Affordable Housing units], [and as may be provided in the Middle Income Housing Agreement to be entered into with respect to the Project as provided in Section 5.2(d) of the Development Agreement with respect to the Middle Income Housing units], in each case as such obligation may be amended pursuant to a written amendment to the Development Agreement, following written notice from City to Guarantor, City may elect, at its sole discretion, to require Guarantor to: (A) complete construction of the [Workforce/Affordable Housing units and/or Middle Income Housing units], at Guarantors’ sole cost and expense; (B) fully pay and discharge all claims for labor performed and material and services furnished in connection with the construction of the [ Workforce/Affordable Housing units and/or Middle Income Housing units]; and (C) release and discharge all claims of stop notices, mechanic’s liens, materialman’s liens and equitable liens that may arise in connection with the construction of the [Workforce/Affordable Housing units and/or Middle Income Housing units].

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4. Guarantor Default. City may declare Guarantor to be in default under this Guaranty upon the occurrence of any of the following events (each a “Guarantor Default”): (a) Guarantor fails to perform any of its obligations under this Guaranty; (b) Guarantor revokes or attempts to revoke this Guaranty or this Guaranty becomes ineffective for any reason; (c) any representation or warranty made or given by Guarantor to City proves to be false or misleading in any material respect; (d) Guarantor is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or commences or has commenced against it a proceeding under the Federal Bankruptcy Code or any other law or statute providing for the relief of debtors; or (e) Guarantor dissolves or liquidates.

5. Remedies. If Guarantor fails to promptly perform its obligations under Section 3 of this Guaranty or in the event of a Guarantor Default, in addition to any other remedies available to City, City will have the following remedies:
(a) City may bring any action at law or in equity, or both, to compel Guarantor to perform its obligations under this Guaranty and to collect compensation for all loss, cost, damage, injury and expense which may be sustained or incurred by City as a consequence of Guarantor’s failure to perform those obligations. City from time to time may bring such an action regardless of whether City has first required performance by Developer, or whether City has exhausted any or all security (if any). Nothing herein shall be construed to prohibit the City from pursuing any remedies under any other agreement, against any person other than the Guarantor. (b) The City, at City’s option, shall have the right to perform or cause to be performed any or all obligations required to be performed by Guarantor under this Guaranty, which City reasonably deems necessary, and expend such sums as City reasonably deems proper in order so to complete such obligation. Guarantor shall reimburse City immediately on demand for all costs and expenses, including any attorneys’ fees, which City may incur in performing those obligations, notwithstanding City’s pursuit of any other rights or remedies.

6. Rights of City. Guarantor authorizes City, without giving notice to Guarantor or obtaining Guarantor’s consent and without affecting the liability of Guarantor, from time to time in City’s sole discretion to do any one or more of the following: (a) approve modifications to the approved plans and building permits for the [Workforce/Affordable Housing units and/or Middle Income Housing units]; (b) change the terms of the Development Agreement or any part thereof (subject to the consent of the Developer); (c) renew, modify, compromise or extend all or any portion of Developer’s obligations under the Development Agreement; (d) take and hold security for the performance of Developer’s obligations under the Development Agreement and Guarantor’s obligations under this Guaranty, accept additional or substituted security for either, and exchange, enforce, waive, subordinate, compromise, fail to perfect, and release, sell or otherwise dispose of any such security in whole or part; (e) apply such security and direct the order and manner of sale thereof as City in its sole discretion may determine; (f) apply payments or recoveries received by City from Developer, Guarantor or any other source to any obligations of Developer to City, in such order, manner and priority as City shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (g) substitute, add or release any one or more guarantors; and (h) release Developer from all or any part of its obligations under the Development Agreement.

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7. Guarantors’ Warranties. Guarantor warrants, represents, covenants and acknowledges to City that: (a) Guarantor acknowledges and agrees that City would not enter into the Assignment Agreement but for this Guaranty, and that this Guaranty and the agreements of Guarantor in this Guaranty is a material part of the consideration which City is receiving for entering into the Assignment Agreement; (b) Guarantor has reviewed and understands all of the terms and provisions of the Development Agreement; (c) there are no conditions precedent to the effectiveness of this Guaranty; (d) the Guarantor has established adequate means of obtaining from sources other than City, on a continuing basis, financial and other information pertaining to Developer’s financial condition, the [Workforce/Affordable Housing units and/or Middle Income Housing units], and Developer’s activities relating thereto and the status of Developer’s performance of obligations under the Development Agreement; (d) the most recent financial statements of Guarantor and all other financial information relating to Guarantor heretofore or hereafter delivered to City are true and correct in all material respects, and the financial statements have been, and any hereafter delivered will be, prepared in accordance with generally accepted accounting principles consistently applied (“GAAP”) and fairly and accurately represent the financial condition of Guarantor as of the respective dates thereof, and no material adverse change has occurred in the financial condition of Guarantor since the respective dates thereof; and (e) Guarantor is not “insolvent” and will not be, as a consequence of the execution and delivery of this Guaranty, rendered “insolvent”, as that term is defined in Section 101 of the Federal Bankruptcy Code, or otherwise rendered unable to pay Guarantor’s debts as the same mature.

Guarantor acknowledges and agrees that City may request and obtain public or non-confidential information from third parties regarding any of the above, including, without limitation, credit reports.

8. Reserved.

9. Termination. This Guaranty shall terminate and be of no further force or effect upon the issuance of a certificate of occupancy for all of the [Workforce/Affordable Housing units and/or Middle Income Housing units].

10. Interest. Any sums required to be paid by the Guarantor to the City pursuant to the terms hereof that are not paid within thirty (30) days of the date due, shall bear interest at the prime rate announced by Wells Fargo plus three percent (3%), from the date said sums shall have become due until the date said sums are paid.

11. No Waiver, Extension or Modification. No failure on the part of the City to pursue any remedy hereunder shall constitute a waiver on its part of the right to pursue said remedy on the basis of the same or a subsequent breach. No extension, modification, amendment or renewal of the Development Agreement shall serve to waive the provisions hereof or discharge the Guarantor from any obligation herein contained, in whole or in part, except to the extent expressly approved by the City by written instrument signed by the City, specifying the nature and the extent of the intended waiver and discharge of the Guarantor.

12. Guaranty Independent; Waiver of Exoneration.

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(a) Guarantor agrees that the obligations hereunder are independent of and in addition to the undertakings of the Developer pursuant to the Development Agreement, any other Guarantees given in connection with the Development Agreement, and other obligations of the Guarantor to the City.
(b) Guarantor agrees that the validity of this Guaranty shall continue and the obligations of Guarantor hereunder shall in no way be terminated, affected, diminished or impaired by reason of any bankruptcy, insolvency, reorganization, arrangement, assignment for the benefit of creditors, receivership or trusteeship affecting the Developer or its partners, parents, principals, or members whether or not notice is given to the Guarantor, or by any other circumstances or condition that may grant or result in a discharge, limitation or reduction of liability of the Developer or its partners, parents, principals, members or of a surety or a guarantor. (c) Guarantor waives all rights and remedies accorded by applicable law to guarantors and agrees not to assert or take advantage of any such rights or remedies including but not limited to any right to require the City to, after expiration of applicable notice and cure periods to Developer, (1) proceed against the Developer, any partner or member of the Developer or any other person, (2) proceed against or exhaust any security held by the City, or (3) pursue any remedy in the power of the City whatsoever. If Guarantor is liable pursuant to this Guaranty, Guarantor waives any defense arising by reason of any disability or other defense of the Developer or any partner or member of the Developer, or any of their parents, principals, or affiliated entities or by reason of the cessation from any cause whatsoever of the liability of the Developer or any member or partner of the Developer, or any of their parents, principals, or affiliated entities other than the full discharge and performance of all of Developer’s obligations under the Development Agreement. Guarantor, except as expressly set forth herein, waives any defense it may acquire by reason of the City’s election of any remedy against it or the Developer, or both, even though the Guarantors’ right of subrogation may be impaired thereby or extinguished under the antideficiency statutes of the State of California. Without limiting the generality of the foregoing, Guarantor waives (a) any defense that may arise by reason of the lack of authority or of any other person or persons or the failure of City to file or enforce a claim against the estate (in administration, bankruptcy, or any other proceeding) of any other person or persons; (b) demand, protest and notice of any kind including but not limited to notice of any kind (except for the notice required in Sections 3 and 14 hereof or under the Development Agreement) including but not limited to notice of the existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Developer, City, any endorser or creditor of Developer or Guarantor or on the part of any other person whomsoever under this or any other instrument in connection with any obligation or evidence of indebtedness held by City as collateral or in connection with any obligations the performance of which are hereby Guaranty; (c) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal. (d) Guarantor waives: (i) any duty on the part of City to disclose to Guarantor any facts City may now or hereafter know about Developer, regardless of whether City has reason to believe that any such facts materially increase the risk beyond that which Guarantor intended to assume or has reason to believe that such facts are unknown to Guarantor; (ii) any defense arising

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