APN:
WHEN RECORDED MAIL TO:
MAIL TAX STATEMENT TO:
ESCROW NO:
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
THIS DEED OF TRUST, made this _________________________ between________________________, herein called TRUSTOR, whose address is: ___________________________________________, and, herein called BENEFICIARY, whose address is: ____________________________________, and CHICAGO TITLE AGENCY OF NEVADA, INC., A NEVADA CORPORATION herein called TRUSTEE, WITNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in _______________ County, Nevada described as:
See Exhibit A attached hereto and made a part hereof.
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits.
FOR THE PURPOSE OF SECURING: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $ executed by Trustor in favor of Beneficiary or order. 3. Payment of such additional sums as may hereafter be borrowed from beneficiary by the then record owner of said property, when evidenced by another promissory note (or notes) reciting it is so secured.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: By the execution and delivery of the Deed of Trust and the Note secured hereby, that provisions (1) to (16) inclusive of the Deed of Trust recorded in the Book and at the Page, or Document No. of Official records in the Office of the County Recorder of the County where said property is located, noted below opposite the name of such county, viz:
COUNTY DOC # BOOK PAGE COUNTY DOC # BOOK PAGE COUNTY DOC # BOOK PAGE Clark 413987 514 Humboldt 116966 3 83 Nye 47157 67 163
Churchill 104132 34 mtgs 591 Lander 41172 3 758 Ormsby 72637 19 102 Douglas 24496 22 415 Lincoln 41292 0 mtgs 467 Pershing 57488 28 58 Elko 14831 43 343 Washoe 407205 734 221 Storey 28573 R mtgs 112 Esmer. 26291 3H deeds 138-141 Lyon 55488 31 mtgs 449 Wht. Pine 28124 261 341-344 Eureka 39602 3 263 Mineral 78848 10 mtgs 534-537
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Packet Pg. 486 Attachment: 3A Healdsburg_Freebird_Disposition and Development Agreement (4000 : Saggio Hills Affordable Housing TM, DA, DDA) ESCROW NO:
(which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust.
The undersigned Trustor request that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address herein before set forth.
STATE OF °°°° )
)ss
COUNTY OF °°°°° )
On
personally appeared before me, a Notary Public,
personally known or proven to me to be the person(s)
whose name(s) is/are subscribed to the above instrument who acknowledged that he/she/they executed this instrumen for the purposes therein contained
Notary Public
My commission expires:
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Packet Pg. 487 Attachment: 3A Healdsburg_Freebird_Disposition and Development Agreement (4000 : Saggio Hills Affordable Housing TM, DA, DDA) E
SCROWNO:
Page3of3
ExhibitA
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Packet Pg. 488 Attachment: 3A Healdsburg_Freebird_Disposition and Development Agreement (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
DO NOT RECORD
The following is a copy of provisions (1) to (16) inclusive, of the Deed of Trust, recorded in each county in Nevada, as stated in the foregoing Deed of Trust and Incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
To Protect the Security of This Deed of Trust, Trustor Agrees:
1. To properly care for and keep the property in good condition and repair, not to remove or demolish any building thereon; to complete in a good and workmanlike manner any building which may be constructed thereon, and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws, ordinances and regulations requiring any alterations or improvements to be made thereon; not to commit or permit any waste thereof; not to commit, suffer or permit any act to be done in or upon the property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and/or do any other act or acts, all in a timely and proper manner, which, from the character or use of the property, may be reasonably necessary, the specific enumerations herein not excluding the general.
2. To pay and discharge all costs, fees and expenses of these Trusts, including cost of evidence of title and Trustee's fees in connection with sale, whether completed or not, which amounts shall become due upon delivery to Trustee of Declaration of Default and Demand for Sale, as hereinafter provided.
3. The amount collected under any fire insurance policy shall be credited first, to accrued interest, next to expenditures hereunder, and any remainder upon the principal. Interest shall then cease upon the amount so credited upon principal; provided, however, that at the option of the Beneficiary, the entire amount collected under the policies or any part thereof may be released to the Trustor, without liability upon the Trustee for such release.
4. That if, during the existence of the Trust there be commenced or pending any suit or action affecting said conveyed premises, or any part thereof, or the title thereto, or if any adverse claim for or against the premises, or any part thereof, be made or asserted, he will appear in and defend any such matter purporting to affect the security and will pay all costs and damages arising because of such action.
5. Any award of damages in connection with any condemnation for public use of or injury to any property or any part thereof is hereby assigned and shall be paid to Beneficiary, who may apply or release such moneys received by him in the same manner and with the same affect as herein provided for disposition of proceeds of insurance.
6. Trustee shall be under no obligation to notify any party hereto of any pending sale hereunder or of action or proceeding of any kind in which Trustor, Beneficiary and/or Trustee shall be named as defendant, unless brought by Trustee.
7. Acceptance by Beneficiary of any sum in payment of any indebtedness secured hereby, after the date when the same is due, shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums so secured or to declare default as herein provided for failure to pay.
8. Trustee may, at any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note(s) secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby or the effect of this Deed of Trust upon the remainder of said property; reconvey any part of said property; consent in writing to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or subordination agreement in connection herewith.
9. Upon receipt of written request from Beneficiary reciting that all sums secured hereby have been paid and upon surrender of this Deed of Trust and said Note to Trustee for cancellation and retention and upon payment of its fees, the Trustee shall reconvey without warranty the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truth thereof. The Grantee in such reconveyance may be described in general terms as "the person or persons legally entitled thereto." Trustee is authorized to retain this Deed of Trust and the Note.
(a) Should default be made by Trustor in payment of any indebtedness secured hereby and/or in performance of any agreement herein, the Beneficiary may declare all sums secured hereby immediately due by delivery to Trustee of a written Declaration of Default and Demand for Sale, and of written notice of default and
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Packet Pg. 489 Attachment: 3A Healdsburg_Freebird_Disposition and Development Agreement (4000 : Saggio Hills Affordable Housing TM, DA, DDA) election to cause said property to be sold (which notice Trustee shall cause to be recorded in the appropriate County Recorder's Office) and shall surrender to Trustee this Deed of Trust, the Note(s) and all documents evidencing any expenditure secured hereby.
10. After three months have elapsed following recordation of any such Notice of Default, Trustee shall sell said property at such time and at such place in the State of Nevada as the Trustee, in it's sole discretion, shall deem best to accomplish the objects of these Trusts, having first given notice of such sale as then required by law.
Place of sale may be either in the County in which the property to be sold, or any part thereof, is situated, or at an office of the Trustee located in the State of Nevada.
(a) The Trustor, Pledgor and Mortgagor of the personal property herein pledged and/or mortgaged waives any and all other demands or notices as conditions precedent to sale of such personality. (b) Trustee may postpone sale of all, or any portion, of said property by public announcement at the time fixed by said Notice of Sale, and may thereafter postpone said sale from time to time by public announcement at the time previously appointed.
(c) At the time of sale so fixed, Trustee may sell the property advertised or any part thereof, either as a whole or in separate parcels at its sole discretion, at public auction, to highest bidder for cash in lawful money of the United States, payable at time of sale, and shall deliver to such purchaser a deed conveying the property so sold, but without covenant or warranty, express or implied. Trustor hereby agrees to surrender, immediately and without demand, possession of said property to such purchaser.
11. Trustee shall apply the proceeds of any such sale to payment of expenses of sale and all charges and expenses of Trustee and of these Trusts, including cost of evidence of title and Trustee's fee in connection with sale; all sums expended under the terms hereof, not then repaid, with accrued interest at the rate of ten percent (10%) per annum; all other sums then secured hereby, and the remainder, if any, to the person or persons legally entitled thereto.
12. The Beneficiary or assigns may, at any time, by instrument in writing, appoint a successor or successors to the Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary, and recorded in the Office of the County Recorder of the County or Counties wherein said property is situated, shall be conclusive proof of the proper substitution of such Successor Trustee, who shall have all the estate, powers, duties and trusts in the premises vested in or conferred upon the original Trustee. If there be more than one Trustee, either may act alone and execute the Trust upon the request of the Beneficiary and his acts shall be deemed to be the acts of all Trustees, and the recital in any conveyance executed by such sole Trustee of such requests shall be conclusive evidence thereof, and of the authority of such sole Trustee to act.
13. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns.
14. Trustee accepts these trusts when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law.
15. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular includes the plural, and the term Beneficiary shall include any future holder, including pledges, of the note secured hereby.
16. When not inconsistent with the above the following covenants, No. 1;2 ($ );3;4 (10%) 5;6;7 ( %) of NRS 107.030 are hereby adopted and made a part of this Deed of Trust.
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Packet Pg. 490 Attachment: 3A Healdsburg_Freebird_Disposition and Development Agreement (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid in full.
To: CHICAGO TITLE AGENCY OF NEVADA, INC., A NEVADA CORPORATION, TRUSTEE; Dated The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and are satisfied. You are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness secured by the Deed of Trust, delivered to you herewith together with the Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same.
MAIL RECONVEYANCE TO:
BY
BY
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made.
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Packet Pg. 491 Attachment: 3A Healdsburg_Freebird_Disposition and Development Agreement (4000 : Saggio Hills Affordable Housing TM, DA, DDA) MONTAGE Private
BIG LEAF Private
JUNIPER Private
SAGEBRUSH Private
SYCAMORE Private
Private
WOODLANDS Private
VALLEY OAK Private
PASSALACQUA Private
RAILROAD
DOVETAIL LANE
LONG ACRES
PL ACE
POPPY HILL DRIVE
PALOMINO
COU
RT
EQUES TRIAN
GA P
QUARRY
R IDGE COURT
LATIGO
LAN
E
U
S
1 0
1 SPUR RIDGE
COURT
S
ADDLE
DRAW
ALEXANDER
VALLEY
ROAD
OLD
REDWOOD
HIGHWAY
ST
IRRU P
LOOP
BOXHEART
DRIVE
CANYON RUN
ARABIAN WAY
PARKLA
N
D
FARMS
B
LV
SPUR RIDGE LANE
D
ROSEWOOD DRIVE
PASSALACQUA ROAD
APPALOOSA T R A IL
PARKLAND FARMS
BOULEVARD
HEALDSBURG
AVE
N
U
E
CLEAR RIDGE DRIVE
BRIDLE PAT H
Park
Fire
Resort
Residential
Residential
Pump Station
Resort
Residential
Affordable
Site
N
LOCATION MAP
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Packet Pg. 492 Attachment: 4. Site Location Map (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 493 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 494 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 495 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 496 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 497 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 498 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 499 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 500 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 501 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 502 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 503 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 504 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 505 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 506 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 507 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 508 Attachment: 5. PC Resolution 2022-18 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 509 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 510 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 511 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 512 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 513 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 514 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 515 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
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Packet Pg. 516 Attachment: 6. PC Resolution 2022-17 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) PC RESOLUTION NO. 2023-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HEALDSBURG RECOMMENDING THAT THE CITY COUNCIL
APPROVE A DEVELOPMENT AGREEMENT (DA 2023-01) FOR THE
SAGGIO HILLS AFFORDABLE HOUSING PROJECT LOCATED AT 450
PARKLAND FARMS BOULEVARD
WHEREAS, in 2010 and 2011, the Healdsburg City Council approved entitlements for the Saggio Hills Development Project as follows:
1. On January 31, 2011, the Saggio Hills Area Plan was adopted by Resolution No. 17-2011;
2. On January 31, 2011, Ordinance No. 1071 establishing pre-zoning designations for the Saggio Hills planning area was confirmed and ratified by Resolution No. 19-2011;
3. On January 31, 2011, a Tentative Subdivision Map was approved for the Saggio Hills Development Project by Resolution 18-2011;
4. Effective April 11, 2011, the City of Healdsburg and Sonoma Luxury Resort, LLC entered into a Development Agreement for the Saggio Hills Project (Ordinance No. 1107); and WHEREAS, prior to the City Council’s approval of the Saggio Hills Project entitlements, an Environmental Impact Report ("Saggio Hills Project EIR") was prepared pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.) (“CEQA”), (State Clearinghouse No. 2003062025), which analyzed the environmental impacts of development of the Saggio Hills Project. The Saggio Hills Project EIR is comprised of the 2007 Draft EIR (August 2007), the 2007 Final EIR (October 2007), the Responses to Late Comments (April 2008), the Errata (April 2008), the Draft Partial Revision (August 2010, and the Final Partial Revision (December 2010). The Saggio Hills Project EIR was certified by the City Council on January 31, 2011 and a Mitigation Monitoring and Reporting Program ("MMRP") was adopted by Resolution No. 15-2011; and
WHEREAS, the First Final Map for the Saggio Hills Project created two parcels of real property in the City of Healdsburg which are owned by Sonoma Luxury Resort, LLC ("SLR") and legally described as Parcels 5 and 6 of Saggio Hills per Map recorded May 23, 2018 in Book 795, Pages 31-40 as Instrument No. 2018-037508, of Official Records, in the City of Healdsburg, County of Sonoma, State of California, APNs 091-310-005 & 091-310-006, which are collectively known as the "Affordable Housing Land"; and WHEREAS, the City of Healdsburg ("City") and SLR are parties to a Development Agreement dated April 11, 2011, as evidenced by a Memorandum of Development Agreement recorded in the Official Records of Sonoma on April 27, 2011, as Instrument No. 2011037227; as amended on April 5, 2016, pursuant to an Insubstantial Amendment To The Development Agreement Between The City Of Healdsburg And Sonoma Luxury Resort, LLC, Dated April 11, 2011; as amended on May 30, 2019, pursuant to a Second Insubstantial Amendment To Development Agreement, as evidenced by a Memorandum of Second Insubstantial Amendment to Development Agreement, recorded in the Official Records on August 5, 2019, as Instrument No. 2019053988; as amended on January 19, 2021, pursuant to a Third Amendment to Development Agreement, as evidenced by a Memorandum of Development Agreement recorded
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Packet Pg. 517 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) PC Resolution No. 2023-03 2
in the Official Records on March 4, 2021, as Instrument No. 2021025567 (collectively, the “Development Agreement”); and
WHEREAS, pursuant to the Development Agreement, SLR has completed its obligations to perform mass grading of the Affordable Housing Land, to implement wetlands mitigation for the removal of wetlands on the Affordable Housing Land, to construct the Parkland Farms Boulevard roadway and utility improvements adjoining the Affordable Housing Land and to convey the Affordable Housing Land to the City respectively; and WHEREAS, pursuant to the Development Agreement, the City is responsible for making arrangements for the development and construction of up to 150 units of affordable housing on the Affordable Housing Land; and
WHEREAS, on February 16, 2021, the City entered into an Exclusive Negotiating Rights Agreement ("ENA") with Freebird Development Company, LLC ("Developer") which establishes procedures and standards for the negotiation of a Disposition and Development Agreement ("DDA"); and that, during the Negotiation Period, the Developer will conduct community outreach, complete schematic design, and secure entitlements and any required environmental review; and
WHEREAS, Developer has submitted applications to the City seeking approval of the following entitlements for the Saggio Hills Affordable Housing Project (the "Project"):
1. Tentative Subdivision Map to establish 15 lots (Lots 1-15) and two "Common Area" parcels (Parcels A and B) on the 12.36-acre Affordable Housing Land. The Tentative Map also identifies 18 "air space condominiums" on one of the lots (Lot 15).
2. Concessions under State Density Bonus Law ("SDBL") to allow for the reduction in the required number of parking spaces. The City's parking regulations would require 230 offstreet parking spaces (assuming the 18 condominium units on Lot 15 are for-sale units) Under SDBL regulations, 152 parking spaces are required (1 space for every studio and one-bedroom unit; 2-spaces for every two- and three-bedroom unit). The Developer proposes to provide a total of 173 off-street parking spaces plus 36 on-street spaces.
3. Design Review to authorize development of a mixed income/mixed tenure affordable housing project with a total of 118 residential units including: 10 two-story townhouse units on individual lots (Area 4); 42 apartment units in three-story walk-up buildings (Area 3); 48 apartment units in a three-story corridor building (Area 5); and 18 apartment units in three-story walk-up buildings (Area 6). A one-story community building with a community room, teen room and property management offices is located on Area 2, along with an outdoor amphitheater and children's play area. The Project includes onsite parking for 173 vehicles, a network of trails and open space, a community garden area, and other amenities; and
WHEREAS, on March 8, 2022, at a properly noticed public workshop, the Healdsburg Planning Commission reviewed the Tentative Map and conceptual plans for the Saggio Hills Affordable Housing Project, and provided feedback to the Developer regarding the plans for the Project; and
WHEREAS, on November 8, 2022, at a properly noticed public hearing, the Planning Commission approved Major Design Review DR 2022-05, approved the requested concessions under SDBL, and recommended that the City Council approve Tentative Map TM 2022-02; and
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Packet Pg. 518 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) PC Resolution No. 2023-03 3
WHEREAS, City and Developer have negotiated a development agreement for the Saggio Hills Affordable Housing Project ("Saggio Hills Affordable Housing Project DA") in order to extend the terms of project approvals to facilitate the timely construction of the Project; and
WHEREAS, Sections 65864 through 65869.5 of the California Government Code and Chapter 17.20 of the Healdsburg Municipal Code (“Development Agreement Law”) authorize the City to establish procedures to enter into binding development agreements with persons having legal or equitable interests in real property located within the City for the development of property; and
WHEREAS, the City of Healdsburg has established and codified such procedures as Chapter 17.20 of the Healdsburg Municipal Code; and
WHEREAS, on February 28, 2023, at a properly noticed public hearing, the Planning Commission reviewed written and oral staff reports, conducted a public hearing on the proposed Saggio Hills Affordable Housing Project DA and took testimony; and received into the record all pertinent documents related to the Saggio Hills Affordable Housing Project DA.
NOW THEREFORE BE IT RESOLVED, that the Healdsburg Planning Commission hereby recommends to the City Council that the Saggio Hills Affordable Housing Project Development Agreement DA 2023-01 as presented in Exhibit A to this resolution be approved, with the further recommendation that "Section 4.8 Timing of Development" be stricken from the Development Agreement, based upon the facts and findings as set forth below:
1. The Saggio Hills Affordable Housing Project DA is consistent with the Healdsburg 2030 General Plan, the Saggio Hills Area Plan, and the Land Use Code. The Saggio Affordable Housing Project is consistent with the Medium High Density Residential (MHR) land use classification in the General Plan and the Special Purposes of the R-1-3,500 zoning district. The Project implements Housing Element policies calling for affordable housing and housing which meets special housing needs, including those for residents with developmental disabilities. It complies with policies addressing energy-efficiency performance, multi-modal transportation needs, and development within the wildland urban interface. The Project is consistent with the design guidelines established in the Saggio Hills Area Plan. The Project's proposed bicycle and pedestrian facilities implement Open Space and Recreation and Circulation policies of the Saggio Hills Area Plan. The Project's Vegetation Management Plan addresses fire safety policies in the Public Facilities & Services chapter of the Saggio Hills Area Plan. The Project's environmentallysensitive siting of development, preservation of open space, design features, and the landscaping plans address the design-related policies of the Saggio Hills Area Plan. The Project received a parking incentive and a waiver of minimum lot size and width requirements in accordance with State Density Bonus Law. The Project is consistent with all other Land Use Code requirements including those for design and lighting of parking areas, bicycle parking, transit access, refuse and recycling storage, setbacks, building height, and site coverage.
2. The Saggio Hills Affordable Housing Project DA will provide Healdsburg with tangible benefits including 118 units of affordable housing and associated amenities and site improvements.
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Packet Pg. 519 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) PC Resolution No. 2023-03 4
3. The Saggio Affordable Housing Project is addressed in the Final Environmental Impact Report for the Saggio Hills Planned Development Project (State Clearinghouse No. 2003062025) which was certified by the Healdsburg City Council through the adoption of Resolution No. 15-2011. Certain components of development on the site (extension of Parkland Farms Boulevard and related utilities; rough grading of Project site; filling of wetlands and establishment of mitigation wetlands; creek restoration) were addressed at a project-level in the Saggio Hills Project EIR. The Saggio Hills Project EIR addressed the development of up to 150 units of affordable housing on the site at a programmatic level.
An Initial Study/Environmental Checklist was prepared for the Saggio Hills Affordable Housing Project and, based on the analysis contained therein, the Community Development Director determined that an Addendum to the Saggio Hills Project EIR is the appropriate environmental document for the Project. Based upon substantial evidence demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred, specifically:
(a) There have not been any substantial changes in the Project that require major revisions of the Saggio Hills Project EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the Saggio Hills Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Saggio Hills Project EIR was certified, that shows any of the following:
i. the Project will have one or more significant effects not discussed in the Saggio Hills Project EIR;
ii. significant effects previously examined will be substantially more severe than shown in the Saggio Hills Project EIR;
iii. mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or
iv. mitigation measures or alternatives which are considerably different from those analyzed in the Saggio Hills Project EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.
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Packet Pg. 520 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) PC Resolution No. 2023-03 5
DULY AND REGULARLY ADOPTED by the Healdsburg Planning Commission on the 28th day of February, 2023, by the following vote:
AYES: Barber, Breznikar, Gerlach, Hunt, Luks, McKay, Wood NOES: None
ABSENT: None
ABSTAIN: None
Approved: Attest:
Phil Luks, Chair Scott M. Duiven Secretary
Exhibit:
A. Saggio Hills Affordable Housing Project Development Agreement
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Packet Pg. 521 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) OAK #4857-7768-0689 v9
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Clerk
Space Above This Line Reserved for Recorder’s Use
Exempt from Recording Fee Per Government Code Sections 6103 and 27383
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF HEALDSBURG,
a California municipal corporation
AND
FREEBIRD DEVELOPMENT COMPANY, LLC,
a California limited liability company
FOR
SAGGIO HILLS AFFORDABLE HOUSING PROJECT
DATED ___________, 2023
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Packet Pg. 522 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA)
TABLE OF CONTENTS
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-iARTICLE 1 DEFINITIONS............................................................................................... 4 Section 1.1 Definitions............................................................................................ 4 ARTICLE 2 GENERAL PROVISIONS............................................................................ 9 Section 2.1 Ownership of Property......................................................................... 9 ARTICLE 3 EFFECTIVE DATE AND TERM................................................................ 9 Section 3.1 Effective Date ...................................................................................... 9 Section 3.2 Term..................................................................................................... 9 Section 3.3 City Representations and Warranties................................................. 10 Section 3.4 Developer Representations and Warranties....................................... 10 ARTICLE 4 DEVELOPMENT OF PROPERTY........................................................... 10 Section 4.1 The Project......................................................................................... 10 Section 4.2 Project Phasing................................................................................... 12 Section 4.3 Vested Rights..................................................................................... 13 Section 4.4 Reservations of Authority.................................................................. 13 Section 4.5 Regulation by Other Public Agencies................................................ 14 Section 4.6 Life of Project Approvals................................................................... 14 Section 4.7 Initiatives............................................................................................ 14 Section 4.8 Timing of Development..................................................................... 15 Section 4.9 No Conflicting Enactments................................................................ 15 Section 4.10 Changes in the Law............................................................................ 15 ARTICLE 5 DEVELOPMENT STANDARDS AND FEES .......................................... 16 Section 5.1 Compliance With Laws...................................................................... 16 Section 5.2 Construction Progress Meetings........................................................ 16 Section 5.3 City of Healdsburg Business License ................................................ 16 Section 5.4 Developer to Pay All Applicable Fees............................................... 16 ARTICLE 6 ANNUAL REVIEW..................................................................................... 16 Section 6.1 Periodic Review................................................................................. 16 ARTICLE 7 MORTGAGEE PROTECTION................................................................. 17 Section 7.1 Mortgagee Protection......................................................................... 17 Section 7.2 Mortgagee Not Obligated .................................................................. 17 Section 7.3 Notice of Default to Mortgagee ......................................................... 18 Section 7.4 No Supersedure.................................................................................. 18
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-iiARTICLE 8 AMENDMENT OF AGREEMENT AND EXISTING
APPROVALS ............................................................................................... 18 Section 8.1 Amendment of Agreement By Mutual Consent ................................ 18 Section 8.2 Insubstantial Amendments to Agreement.......................................... 18 Section 8.3 Major Amendments ........................................................................... 19 Section 8.4 Requirement for Writing.................................................................... 19 Section 8.5 Amendments to Development Agreement Statute............................. 19 ARTICLE 9 COOPERATION AND IMPLEMENTATION ........................................ 19 Section 9.1 Subsequent Project Approvals........................................................... 19 Section 9.2 Processing Applications for Subsequent Project Approvals.............. 19 Section 9.3 Other Agency Subsequent Project Approvals; Authority of City...... 20 Section 9.4 Cooperation in the Event of Legal Challenge.................................... 20 ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE........................................... 21 Section 10.1 Assignment ........................................................................................ 21 ARTICLE 11 DEFAULT; REMEDIES; TERMINATION............................................. 22 Section 11.1 Breach ................................................................................................ 22 Section 11.2 Default................................................................................................ 22 Section 11.3 Withholding of Permits...................................................................... 22 Section 11.4 Remedies............................................................................................ 23 Section 11.5 Enforced Delay; Extension of Time of Performance......................... 23 Section 11.6 Resolution of Disputes....................................................................... 23 Section 11.7 Surviving Provisions.......................................................................... 24 ARTICLE 12 INDEMNITY AND INSURANCE ............................................................. 24 Section 12.1 Indemnity and Hold Harmless........................................................... 24 Section 12.2 Insurance Requirements..................................................................... 24 Section 12.3 Workers’ Compensation Insurance.................................................... 24 Section 12.4 No Supersedure.................................................................................. 24 ARTICLE 13 MISCELLANEOUS PROVISIONS........................................................... 25 Section 13.1 Incorporation of Recitals, Exhibits and Introductory Paragraph ....... 25 Section 13.2 Severability ........................................................................................ 25 Section 13.3 Construction....................................................................................... 25 Section 13.4 Covenants Running with the Land..................................................... 25 Section 13.5 Notices ............................................................................................... 25
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-iiiSection 13.6 Counterparts and Exhibits; Entire Agreement ................................... 26 Section 13.7 Recordation of Agreement................................................................. 26 Section 13.8 No Joint Venture or Partnership ........................................................ 26 Section 13.9 Waivers.............................................................................................. 27 Section 13.10 California Law; Venue....................................................................... 27 Section 13.11 City Approvals and Actions............................................................... 27 Section 13.12 Signatures........................................................................................... 27
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-ivLIST OF EXHIBITS:
EXHIBIT A Legal Description of Property
EXHIBIT B Site Map of Property
EXHIBIT C Annual Review Form
EXHIBIT D Assignment and Assumption Agreement
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1 DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) dated for reference purposes as of ___________, 2023 (“Date of Agreement”), is entered into by and between FREEBIRD DEVELOPMENT COMPANY, LLC, a California limited liability company (“Developer”), and the CITY OF HEALDSBURG, a California municipal corporation (“City”). Developer and City are sometimes referred to individually herein as a “Party” and collectively as “Parties.”
RECITALS
The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Section 1.1 of this Agreement.
A. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risk of development, the Legislature of the State of California enacted Section 65864 et seq. of the Government Code (“Development Agreement Statute”), which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement, establishing certain development rights in the property. In accordance with the Development Agreement Statute, the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements, which procedures and requirements are codified in Chapter 17.20 of Title 17 of the Healdsburg Municipal Code (“Development Agreement Regulations”). The provisions of the Development Agreement Statute and the City’s Development Agreement Regulations are collectively referred to herein as the “Development Agreement Law.”) This Agreement has been drafted and processed pursuant to the Development Agreement Law.
B. On April 11, 2011, under the authority of Ordinance No. 1107, the City and Sonoma Luxury Resort, LLC, a Delaware limited liability company (“SLR”), entered into a Development Agreement By and Between The City of Healdsburg and Sonoma Luxury Resort LLC, as evidenced by a Memorandum of Development Agreement recorded in the Official Records of Sonoma County (“Official Records”) on April 27, 2011 as Instrument No. 2011037227; as amended on April 5, 2016 by that certain Insubstantial Amendment To The Development Agreement By and Between The City Of Healdsburg And Sonoma Luxury Resort, LLC, Dated April 11, 2011, by and between City and SLR; as amended on May 30, 2019 by that certain Second Insubstantial Amendment To Development Agreement by and between City and SLR, as evidenced by a Memorandum of Second Insubstantial Amendment to Development Agreement, of same date, recorded in the Official Records on August 5, 2019, at Instrument No. 2019053988; as amended on January 19, 2021 by that certain Third Amendment to Development Agreement, by and between City and SLR and a Memorandum of Third Amendment to Development Agreement recorded in the Official Records on March 4, 2021 as Instrument No. 2021025567; and as affected by that certain Partial Assignment And Assumption Of Developer’s Interest Under Development Agreement Between The City of Healdsburg and Sonoma Luxury Resort LLC, by and between SLR and Oaks & Olives and consented to by the City, and recorded in the Official Records on April 22, 2021 as Instrument No. 2021049954 in connection with the sale of Parcel 1, Parcel 4 and Parcel 7 of first final map filed for record in the Official Records on May 23, 2018, in Book 795 of Maps at Pages 31-40,
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2 Document No. 2018-037508 (“FM-1”), from SLR to Oaks & Olives (collectively, the “SLR Development Agreement”).
C. The SLR Development Agreement governs, among other matters, the dedication by SLR to the City of two legal parcels described as Parcels 5 and 6 of FM-1, as amended by the Parcel 5, 6 and 11 Lot Line Adjustment, approved by the City on May 12, 2022, pursuant to LLA 2021-05, and described in the legal description attached to this Agreement as Exhibit A and depicted in the Site Map attached to this Agreement as Exhibit B, both of which are incorporated herein by this reference (“Property”), for development of up to 150 affordable housing units.
D. On February 16, 2021, City and Developer entered into an Exclusive Negotiation Rights Agreement (“ENA”), which established procedures and standards for the submittal and processing of applications for land use entitlements needed to develop the Property and the negotiation by the City and the Developer of an agreement pursuant to which the City will convey the Property to the Developer on the condition that certain specified development activities will be undertaken by Developer on the Property, consistent with the terms of the SLR Development Agreement governing the dedication of the Property.
E. Pursuant to the ENA, Developer has submitted applications to the City for approval of design review (“DR 2022-05”) and a tentative map (“TM 2022-02”) to secure the land use entitlements necessary to develop the Project, as defined in Section 4.1 of this Agreement, on the Property.
F. The City has taken numerous actions in connection with the development of the Project on the Property. These include:
(1) Planning Commission and City Council consideration of the Final Environmental Impact Report for the Saggio Hills Project (“Saggio Hills FEIR”), certified as adequate and complete for the Saggio Hills Project pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) (“CEQA”) by City Council Resolution No. 15-2011, and an Addendum to the Saggio Hills FEIR for the Project, dated September 2022, as reflected in the findings of the DR Resolution and TM Resolution, respectively, referenced below (“CEQA Determination”);
(2) Planning Commission approval of DR 2022-05 for the Project, as evidenced by Planning Commission Resolution No. 2022-18, adopted on November 8, 2022 (“DR Resolution”); and
(3) City Council approval of TM 2022-02 for the Project, as evidenced by City Council Resolution No. _____, adopted on _________, 2023 (“TM Resolution”).
The approvals and development policies described in this Recital E are collectively referred to herein as the “Existing Approvals”.
G. City desires to advance the socioeconomic and environmental interests of the City and its residents by encouraging quality development of affordable housing that serves to meet local and regional demand for housing, while also enhancing the ability of persons employed locally to reside closer to their place of employment and reduce impacts to local and regional
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3 transportation networks, greenhouse gas emissions and air quality; promoting development of public recreational infrastructure to serve the needs of residents of the Project and those living in proximity to the Project; and expanding the City’s property tax base.
H. For the reasons recited herein, City and Developer have determined that the Project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding Existing Approvals and Subsequent Project Approvals, thereby encouraging planning for, investment in, and commitment to use and development of the Property. Continued use and development of the Property will in turn provide substantial public benefits to the City, and will contribute to the provision of needed affordable housing in the City, thereby achieving the goals and purposes for which the Development Agreement Law was enacted and for which the City has elected to enter into this Development Agreement.
I. The terms and conditions of this Agreement have undergone review by City staff, its Planning Commission, and its City Council at publicly noticed meetings and have been found to be fair, just, and reasonable and in conformance with the goals, policies, standards, and land use designations specified in the City’s General Plan and Zoning Ordinance, will provide tangible benefits to the City of Healdsburg beyond those that may be required by conditions of approval and, further, the City Council finds that the economic interests of the citizens of the City of Healdsburg and the public health, safety, and welfare will be best served by entering into this Agreement.
J. This Agreement between the City and Developer sets forth the applicable City standards and requirements that apply to Developer’s development of the Project and provides Developer with a vested right to develop the Project in accordance with the Existing Approvals and the Applicable Law.
K. Pursuant to the terms of the SLR Development Agreement, the Property was conveyed by SLR to the City pursuant to Grant Deed dated ________, 2023, and recorded in Official Records on February ___, 2023, as Instrument No. 2023-_______.
L. On February 28, 2023, the City of Healdsburg Planning Commission, the initial hearing body for purposes of development agreement review, considered and adopted Resolution No. 2023-______ recommending that the City Council approve this Agreement. On ________, 2023, the City Council of the City of Healdsburg adopted Ordinance No. 2023-___ approving this Agreement. The Ordinance took effect on ________, 2023 (the “Effective Date”).
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
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4 ARTICLE 1 DEFINITIONS
Section 1.1 Definitions.
“Adjusted for family size appropriate to the unit” shall have the meaning set forth in Section 50052.5 of the California Health and Safety Code, as amended or any successor statute thereto, subject to the application of federal rules and regulations, if applicable to financing sources for all or a portion of the Project, including applicable federal and TCAC regulations. “Affiliate of Developer” means either: 1) an entity or entities in which Developer retains more than fifty percent (50%) in the aggregate, directly or indirectly, of the ownership or beneficial interest and retains full management and control of the day-to-day affairs of the transferee entity or entities, either directly or indirectly through another entity, subject only to certain major events requiring the consent or approval of the other owners of such entity; or 2) a limited partnership formed to own and finance those improvements to be constructed as part of Phase 1 Improvements, Phase 2 Improvements or Phase 3 Improvements to be rented to lower income households, of which the Developer, either directly or through a single-member LLC of which Developer is the sole member/manager, is a general partner or a co-general partner and will retain the management and control, together with any co-general partner, of the day-to-day affairs of the limited partnership, subject only to certain major events requiring the consent or approval of the other owners of such entity.
“Affordable housing cost” is defined in Section 50052.5 of the California Health and Safety Code, as amended or any successor statute thereto. “Affordable rent” shall mean rental rates no greater than that considered as affordable rent for extremely low income households to lower income households, adjusted for family size appropriate to the unit, determined in accordance with California Health and Safety Code section 50053, as amended, or any successor statute thereto; provided, however, that for lower income households with gross incomes that exceed 60 percent of the area median income adjusted for family size appropriate to the unit, rental rates may be established at a level not to exceed 30 percent of gross income of the household. Notwithstanding the foregoing, if applicable to financing sources for all or a portion of the Project, during the fifteen (15) year tax credit compliance period under Internal Revenue Code Section 42, or such longer term of the regulatory agreement to be executed by TCAC and Developer and recorded against the applicable portion of the Project, the City hereby permits Developer to use the occupancy standards and rent levels required by TCAC.
“Agreement” means this Development Agreement.
“Applicable City Regulations” means (a) all City policies, standards and specifications set forth in this Agreement and the Existing Approvals, including the specific conditions of approval adopted with respect to the Existing Approvals; (b) with respect to matters not addressed by this Agreement or the Existing Approvals but governing permitted uses of the Property; building locations, sizes, densities, intensities, design and heights; site design, setbacks, lot coverage and open space; and parking; those City ordinances, rules, regulations, official policies, standards and specifications in force and effect on the Effective Date; and (c) with respect
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5 to all other matters, including building, plumbing, mechanical and electrical codes, those City ordinances, rules, regulations, official policies, standards and specifications in force and effect as may be enacted, adopted and amended from time to time, including New City Laws, except those in conflict with this Agreement.
“Applicable Law” means the Applicable City Regulations and all State and Federal laws and regulations applicable to the Property and the Project as enacted, adopted and amended from time to time.
“Area Median Income” means the median household income (adjusted for family size appropriate to the unit) of the Metropolitan Statistical Area in which Sonoma County is located, as established pursuant to Section 50093 of the California Health and Safety Code, as amended or any successor statute thereto, or, as applicable, the median income for Sonoma County, California, adjusted for family size appropriate to the unit, as determined by TCAC regulations. “Assignee” is defined in Section 10.1E.
“CEQA” is defined in Recital F.
“CEQA Determination” is defined in Recital F.
“Changes in the Law” is defined in Section 4.10.
“City” means the City of Healdsburg, a California municipal corporation. “City Parties” means City and its elected and appointed officials, officers, agents, employees, contractors and representatives.
“Claims” means liabilities, obligations, orders, claims, damages, fines, penalties and expenses, including attorneys’ fees and costs.
“Connection Fees” means those fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting to water, sanitary sewer, gas, electric and other applicable utilities.
“Construction of Phase 1 Improvements have commenced” shall mean City has issued one or more building permits for the construction of residential building improvements on Lot 14 and Developer has undertaken substantial work on said Lot in reliance thereon. “Cure Period” is defined in Section 11.1.
“Date of Agreement” is defined in the introductory paragraph preceding the Recitals of this Agreement.
“DDA” is defined in Section 2.1.
“Default” is defined in Section 11.2.
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6 “Developer” means Freebird Development Company, LLC, a California limited liability company, and its permitted assignees and successors-in-interest under this Agreement. “Development Agreement Law” is defined in Recital A.
“Development Agreement Regulations” is defined in Recital A. “Development Agreement Statute” is defined in Recital A. “DR 2022-05” is defined in Recital E.
“DR Resolution” is defined in Recital F.
“Effective Date” is defined in Recital L and Section 3.1. “ENA” is defined in Recital D.
“Exactions” means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication or reservation of land; and obligations to construct on-site or off-site public and private infrastructure improvements such as roadways, utilities or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in connection with environmental review of the Project, or impositions made under Applicable City Regulations. For purposes of this Agreement, Exactions do not include Impact Fees. “Existing Approvals” is defined in Recital F.
“Extended Cure Period” is defined in Section 11.1.
“Extremely low income households” is defined in Section 50106 of the California Health and Safety Code, as amended or any successor statute thereto. “FM-1” is defined in Recital B.
“Impact Fees” means the monetary amount charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of mitigating the impacts of the development project or development of the public facilities related to the development project, including, any “fee” as that term is defined by Government Code section 66000(b), as amended or any successor statute thereto. For purposes of this Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction, will be considered to be an Impact Fee.
“Insubstantial Amendment” is defined in Section 8.2.
“Litigation Challenge” is defined in Section 9.4.
“Lot 1” is defined in Section 4.1 A.
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7 “Lot 1 Improvements” is defined in Section 4.1 D.
“Lot 2” is defined in Section 4.1 A.
“Lot 2 Improvements” is defined in Section 4.1 E.
“Lot 3” is defined in Section 4.1 A.
“Lot 3 Improvements” is defined in Section 4.1 F.
“Lot 3 Ingress & Egress Easement” is defined in Section 4.1 F. “Lot 14” is defined in Section 4.1 A.
“Lot 14 Improvements” is defined in Section 4.1 H.
“Lot 15” is defined in Section 4.1 A.
“Lot 15 Improvements” is defined in Section 4.1 I.
“Lot 15 Owner-Occupied Option” is defined in Section 4.1 I. “Lot 15 Rental Option” is defined in Section 4.1 I.
“Lower income households” is defined in Section 50079.5 of the California Health and Safety Code, as amended or any successor statute thereto. “Mortgage” is defined in Section 7.1.
“Mortgagee” is defined in Section 7.1.
“New City Laws” means and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines or other regulations, which are promulgated or adopted by the City (including but not limited to any City agency, body, department, officer or employee) or its electorate (through their power of initiative or otherwise) after the Effective Date. “Official Records” is defined in Recital B.
“Other Agency Subsequent Project Approvals” means Subsequent Project Approvals to be obtained from entities other than City. “Owner Occupied Affordable Housing Covenant” is defined in Section 4.1 G. and I.
“Parcel A” is defined in Section 4.1 A.
“Parcel A Improvements” is defined in Section 4.1 B.
“Parcel A Public Access Easement” is defined in Section 4.1 B.
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8 “Parcel B” is defined in Section 4.1 A.
“Parcel B Improvements” is defined in Section 4.1 C.
“Party/Parties” is defined in the introductory paragraph preceding the Recitals of this Agreement.
“Permitted Transfer” is defined in Section 10.1D.
“Persons and families of moderate income” is defined in Section 50093 of the California Health and Safety Code, as amended or any successor statute thereto. “Phase 1 Improvements” is defined in Section 4.2.
“Phase 2 Improvements” is defined in Section 4.2.
“Phase 3 Improvements” is defined in Section 4.2.
“Phase 4 Improvements” is defined in Section 4.2.
“Planning Commission” means the Planning Commission of the City of Healdsburg.
“Private Improvements” means the Phase 1 Improvements, Phase 2 Improvements, Phase 3 Improvements and Phase 4 Improvements, excluding the Public Improvements. “Processing Fees” means all fees for processing development project applications, including any required supplemental or other further environmental review, plan checking (time and materials) and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing. “Project” is defined in Section 4.1.
“Project Approvals” means the Existing Approvals and the Subsequent Project Approvals.
“Property” is defined in Recital C and is legally described in the legal description attached to this Agreement as Exhibit A and depicted in the Site Map attached to this Agreement as Exhibit B.
“Public Improvements” is defined in Section 4.1 J.
“Rental Affordable Housing Covenant” is defined in Section 4.1 F., H. and I. “Saggio Hills FEIR” is defined in Recital F.
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9 “Site Map” means the map of the Property attached hereto as Exhibit B. “SLR” and “SLR Development Agreement” are defined in Recital B. “Subsequent Project Approvals” is defined in Section 9.1. “TCAC” means the California Tax Credit Allocation Committee. “Term” is defined in Section 3.2.
“Townhome Lots” is defined in Section 4.1 A.
“Townhome Lot Improvements” is defined in Section 4.1 G. “TM 2022-02” is defined in Recital E.
“TM Resolution” is defined in Recital F.
“Very low income households” is defined in Section 50105 of the California Health and Safety Code, as amended or any successor statute thereto.
ARTICLE 2 GENERAL PROVISIONS
Section 2.1 Ownership of Property. The Parties hereby acknowledge that, as of the Effective Date, City owns fee title to the Property. Developer has a legal and equitable interest in the Property by virtue of the Disposition and Development Agreement (“DDA”) entered into by and between the City and Developer dated ____________, 2023, and approved by the City of Healdsburg City Council pursuant to Resolution No. _____ on ____________, 2023, governing the terms and conditions of transfer of fee title to the Property, excluding Parcel B, from City to Developer for the development and construction of the Project ARTICLE 3 EFFECTIVE DATE AND TERM
Section 3.1 Effective Date. This Agreement shall become effective upon the date that the ordinance approving this Agreement becomes effective (“Effective Date”).
Section 3.2 Term. The term of this Agreement (“Term”) shall commence upon the Effective Date and expire on the first to occur of: (i) completion of development of the Phase 1 Improvements, Phase 2 Improvements, Phase 3 Improvements and Phase 4 Improvement as evidenced by City’s issuance of a certificate of occupancy for each phase, and satisfaction of all of Developer’s obligations in connection therewith, (ii) the tenth (10th) anniversary of the Effective Date if construction of Phase 1 Improvements have commenced on or before the date which is five (5) years after the Effective Date, or (iii) the fifth (5th) anniversary of the Effective Date if construction of Phase 1 Improvements have not commenced on or before the date which is five (5) years after the Effective Date. Upon expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, subject, however, to the provisions set forth in Section 11.7.
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10 Section 3.3 City Representations and Warranties. City represents and warrants to Developer that, as of the Effective Date:
A. City is a municipal corporation, and has all necessary powers under the laws of the State of California to enter into and perform the undertakings and obligations of City under this Agreement.
B. The execution and delivery of this Agreement and the performance of the obligations of City hereunder have been duly authorized by all necessary City Council action and all necessary approvals have been obtained.
C. This Agreement is a valid obligation of City and is enforceable in accordance with its terms.
During the Term of this Agreement, City shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 3.3 not to be true, immediately give written notice of such fact or condition to Developer.
Section 3.4 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date:
A. Developer is duly organized and validly existing under the laws of the State of California, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undertakings and obligations of Developer under this Agreement.
B. The execution and delivery of this Agreement and the performance of the obligations of Developer hereunder have been duly authorized by all necessary corporate action.
C. This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms.
D. Developer has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Developer’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally.
During the Term of this Agreement, Developer shall, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 3.4 not to be true, immediately give written notice of such fact or condition to City.
ARTICLE 4 DEVELOPMENT OF PROPERTY
Section 4.1 The Project. Consistent with the Existing Approvals, the Project is defined to mean all of the following:
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11 A. Subdivision of the Property into a total of 17 parcels, comprised of two parcels for open space (“Parcel A” and “Parcel B”), one parcel for outdoor amenities (“Lot 1”), one parcel for a community building (“Lot 2”), one parcel for 42 residential housing units (“Lot 3”), ten parcels for a townhome residence on each parcel (“Townhome Lots”), one parcel for 48 residential housing units (“Lot 14”), and one parcel for 18 residential housing units (“Lot 15”), as said parcels and lots are shown on TM 2022-02.
B. Parcel A shall remain as open space and improved with pedestrian trails (“Parcel A Improvements”) to be constructed and maintained by Developer, and subject to a nonexclusive public easement in favor of the City for public access on, over and across Parcel A as necessary to access the Parcel A Improvements, in perpetuity, as more particularly set forth in the “Parcel A Public Access Easement” attached to the DDA.
C. Parcel B shall remain as open space and improved with a multi-use trail (“Parcel B Improvements”) to be constructed and maintained by City, and fee title to Parcel B shall be retained by City.
D. Lot 1 shall be improved with outdoor amenities such as community gardens, picnic areas and/or a small farm (“Lot 1 Improvements”), to be constructed by Developer, maintained by the Owners, and available for use by residents of Lot 3, Townhome Lots, Lot 14 and Lot 15.
E. Lot 2 shall be improved with a one-story community building of approximately 3,067 square feet, 4 surface parking spaces and associated hardscape and landscaping improvements (“Lot 2 Improvements”), to be constructed by Developer, maintained by the Owners, and available for use by residents of Lot 3, Townhome Lots, Lot 14 and Lot 15.
F. Lot 3 shall be improved with four, three-story residential buildings of a height not to exceed 35 feet, containing 42 residential units totaling approximately 45,299 square feet and comprised of one (1) studio unit, nineteen (19) one-bedroom units, eleven (11) twobedroom units, and eleven (11) three-bedroom units, 64 surface parking spaces and associated hardscape and landscaping improvements (“Lot 3 Improvements”), which residential units shall be restricted for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years, as more particularly set forth in the “Rental Affordable Housing Covenant” attached to the DDA. Further, Lot 3 shall be subject to a non-exclusive public easement in favor of the City for ingress and egress from Parkland Farms Boulevard on, over and across Lot 3 to the planned parking lot serving the Healdsburg Ridge Open Space Reserve to be located adjacent to and east of Lot 3, in perpetuity, as more particularly set forth in the “Lot 3 Ingress & Egress Easement” attached to the DDA.
G. The ten (10) Townhome Lots shall be improved with a two-story, threebedroom townhome residence on each parcel of a height not to exceed 28 feet, and 1,766 square feet, and associated surface parking and hardscaping and landscaping improvements (“Townhome Lot Improvements”), which townhome residences shall be restricted for sale to and occupancy by persons and families of moderate income, at an affordable housing cost, for a minimum period
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12 of 45 years, as more particularly set forth in the “Owner-Occupied Affordable Housing Covenant” attached to the DDA.
H. Lot 14 shall be improved with one, three-story residential building of a height not to exceed 35 feet, containing 48 residential units totaling approximately 59,531 square feet and comprised of thirteen (13) studio units, eleven (11) one-bedroom units, twelve (12) twobedroom units, and twelve (12) three-bedroom units, 60 surface parking spaces and associated hardscape and landscaping improvements (“Lot 14 Improvements”), which residential units shall be restricted for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years, as more particularly set forth in the “Rental Affordable Housing Covenant” attached to the DDA.
I. Lot 15 shall be improved with two, three-story residential buildings of a height not to exceed 35 feet, containing 18 residential units totaling approximately 20,077 square feet and comprised of one (1) studio unit, six (6) one-bedroom units, six (6) two-bedroom units, and five (5) three-bedroom units, 29 surface parking spaces and associated hardscape and landscaping improvements (“Lot 15 Improvements”), which residential units shall be restricted either (i) for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years, as more particularly set forth in the “Rental Affordable Housing Covenant” attached to the DDA (“Lot 15 Rental Option”), or (ii) for sale to and occupancy by persons and families of moderate income, at an affordable housing cost, for a minimum period of 45 years, as more particularly set forth in the “Owner-Occupied Affordable Housing Covenant” attached to the DDA (“Lot 15 Owner-Occupied Option”).
J. Public improvements shall include (i) construction of sidewalks and streetlights along Passalacqua Drive and Parkland Farms Boulevard fronting the Property, (ii) striping of that portion of Passalacqua Drive and Parkland Farms Boulevard fronting the Property, (iii) installation and construction of a Rectangular Rapid Flashing Beacon at the crossing of Parkland Farms Boulevard located between Parcel B and Lot 2, and (iv) the Parcel A Improvements (“Public Improvements”).
Section 4.2 Project Phasing. The Project is intended to be constructed in no more than four phases by Developer. The first phase of the Project will consist of the construction and completion thereof of the Parcel A Improvements, Lot 2 Improvements, Lot 14 Improvements, and the Public Improvements in accordance with the Existing Approvals (“Phase 1 Improvements”). The Parcel B Improvements will be designed and constructed by City, at its sole cost and expense, either before or concurrently with the construction of the Phase 1 Improvements by Developer. The second phase of the Project will consist of the construction and completion thereof of the Lot 1 Improvements and Lot 3 Improvements in accordance with the Existing Approvals (“Phase 2 Improvements”). The third phase of the Project will consist of the construction and completion thereof of the Lot 15 Improvements in accordance with the Existing Approvals (“Phase 3 Improvements”). The fourth phase of the Project will consist of the construction and completion thereof of the Townhome Lot Improvements in accordance with the Existing Approvals (“Phase 4 Improvements”). Phase 2 Improvements may be combined with the Phase 1 Improvements. Further, if Developer elects to develop and construct the Lot 15
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13 Improvements pursuant to the Lot 15 Rental Option, then said Lot 15 Improvements may be constructed and completed as part of Phase 2 Improvements and/or the Phase 1 Improvements; however, if Developer elects to develop and construct the Lot 15 Improvements pursuant to the Lot 15 Owner-Occupied Option, then said Lot 15 Improvements shall be constructed and completed as the Phase 3 Improvements, which may be combined with the Phase 4 Improvements.
Section 4.3 Vested Rights. Subject to the fulfillment of the provisions of this Agreement and the obligations required by the Project Approvals, the City hereby grants to Developer the present vested right to develop and construct on the Property all the improvements authorized by the Project Approvals and this Agreement. To the extent permitted by Applicable Law, and except as otherwise provided herein, no future modification of the City’s General Plan, Municipal Code, ordinances, policies or regulations shall apply to the Property that purports to:
(i) limit the permitted uses of the Property, the density and intensity of use (including but not limited to floor area ratios of commercial/retail buildings), or the maximum height and size of proposed buildings; (ii) impose requirements for reservation or dedication of land for public purposes or requirements for infrastructure, public improvements, or public utilities, other than as provided in the Project Approvals or pursuant to this Agreement; (iii) impose conditions upon development of the Property other than as permitted by the Applicable City Regulations, Changes in the Law, the Project Approvals and this Agreement; (iv) limit the timing, phasing or rate of development of the Property; provided, however, that nothing in this Agreement shall prevent or preclude City from adopting any land use ordinances, policies, regulations or amendments permitted herein; or (v) limit the location of building sites, grading or other improvements on the Property in a manner that is inconsistent with or substantially more restrictive than the limitations included in this Agreement or the Project Approvals.
Section 4.4 Reservations of Authority. The parties acknowledge and agree that City is restricted in its authority to limit its police power by contract. This Agreement shall be construed to reserve to City all such power and authority which cannot be restricted by contract.
Notwithstanding any other provision of this Agreement to the contrary, the following regulations and provisions shall apply to the development of the Project:
A. Processing Fees, Impact Fees, Connection Fees and other fees of every kind and nature imposed by the City that are in force and effect at the time land use or development permits, building permits, approvals or entitlements are applied for or issued on any or all portions of the Project, and any increase or modification to those fees that are in force and effect at the time land use or development permits, building permits, approvals or entitlements are issued on any or all portions of the Project.
B. Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure then applicable in City at the time of permit application.
C. Regulations governing construction standards and specifications, including City’s building code, plumbing code, mechanical code, electrical code, fire code and grading code, and all other uniform construction codes then applicable in City at the time of permit issuance.
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14 D. New City Laws applicable to the Property or Project that do not conflict with this Agreement.
E. New City Laws that may be in conflict with this Agreement but that are necessary to protect persons or property from dangerous or hazardous conditions that create a threat to the public health or safety or create a physical risk, based on findings by the City Council identifying the dangerous or hazardous conditions requiring such changes in the law, why there are no feasible alternatives to the imposition of such changes, and how such changes would alleviate the dangerous or hazardous condition.
F. Exactions required by this Agreement and the Existing Approvals.
Section 4.5 Regulation by Other Public Agencies. City and Developer acknowledge and agree that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. Developer shall, at the time required by Developer in accordance with Developer’s construction schedule, apply for all such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. Developer shall also pay all required fees when due to such public agencies. Developer acknowledges that City does not control the amount of any such fees. City shall reasonably cooperate with Developer in Developer’s effort to obtain such permits and approvals; provided, however, City shall have no obligation to incur any costs, without compensation or reimbursement, or to amend any City policy, regulation or ordinance in connection therewith.
Section 4.6 Life of Project Approvals. The term of any and all Project Approvals shall automatically be extended for the longer of the Term of this Agreement or the term otherwise applicable to such Project Approvals.
Section 4.7 Initiatives. If any New City Law is enacted or imposed by a citizensponsored initiative or referendum, which New City Law would conflict with the Project Approvals or this Agreement or reduce the development rights or assurances provided by this Agreement, such New City Law shall not apply to the Property or Project; provided, however, the Parties acknowledge that City’s approval of this Agreement is a legislative action subject to referendum. Without limiting the generality of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting subdivision maps, use permits, building permits or other entitlements to use that are approved or to be approved, issued or granted by City shall apply to the Property or Project. Developer agrees and understands that City does not have authority or jurisdiction over any other public agency’s ability to grant governmental approvals or permits or to impose a moratorium or other limitations that may affect the Project. City shall reasonably cooperate with Developer and, at Developer’s expense, shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City, except to submit to vote of the electorate initiatives and referendums required by law to be placed on a ballot and fulfill any legal responsibility to defend a ballot measure passed by its voters, shall not support, adopt or enact any New City Law, or take any other action that would violate the express provisions or spirit and intent of this Agreement.
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15 Section 4.8 Timing of Development. Developer shall have the vested right to develop the Project in such order, at such rate and at such times as Developer deems appropriate in the exercise of its business judgment. In particular, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider, and expressly provide for, the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the desire of the Parties hereto to avoid that result.
Notwithstanding the adoption of an initiative after the Effective Date by City’s electorate to the contrary, the Parties acknowledge that, except as otherwise provided for in this Agreement, Developer shall have the vested right to develop the Project in such order and at such rate and at such times as Developer deems appropriate in the exercise of its business judgment, provided, however, Developer agrees that the Phase 1 Improvements shall be constructed before or at the same time as the Phase 2 Improvements, Phase 3 Improvements or Phase 4 Improvements, and the Public Improvements shall be constructed at the same time as the Phase 1 Improvements.
Section 4.9 No Conflicting Enactments. Except as otherwise provided in this Agreement, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any New City Law that is in conflict with this Agreement or the Existing Approvals. Without limiting the generality of the foregoing, City shall not (i) apply to the Property any change in land use designation or permitted use of the Property; (ii) limit or control the ability to obtain public utilities, services, or facilities (provided, however, nothing herein shall be deemed to exempt the Project or the Property from any water use rationing requirements that may be imposed from time to time in the future or be construed as a reservation of any existing sanitary sewer or potable water capacity); (iii) limit or control the uses; building setbacks, square footage, dimensions, floor plates, height, intensity and design; location of buildings and structures; or spacing between buildings in a manner that is inconsistent with or more restrictive than the limitations included in the Existing Approvals or this Agreement; or (iv) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project.
Section 4.10 Changes in the Law. As provided in section 65869.5 of the Development Agreement Law, this Agreement shall not preclude the applicability to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than the City, created or operating pursuant to the laws of the State of California (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law, and City and Developer shall agree to such action as may be reasonably required. Nothing in this Agreement shall preclude Developer from contesting by any available means (including administrative or judicial proceedings) the applicability to the Project of any such Changes in the Law.
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16 ARTICLE 5 DEVELOPMENT STANDARDS AND FEES
Section 5.1 Compliance With Laws. Developer, at its sole cost and expense, shall comply with the requirements of, and obtain all permits and approvals required by local, State and Federal agencies having jurisdiction over the Project. Furthermore, Developer shall carry out the Project work in conformity with all Applicable Law, including City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City of Healdsburg Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
Section 5.2 Construction Progress Meetings. City and Developer shall have regular meetings during the Term of this Agreement to discuss the progress of the development and construction of the Project. Such meetings shall be attended by representatives of the Parties with experience and expertise in the relevant disciplines to the stage of the development and construction process.
Section 5.3 City of Healdsburg Business License. Developer or its successor, at its expense, shall obtain and maintain a business license issued by the City of Healdsburg at all time during the Term.
Section 5.4 Developer to Pay All Applicable Fees. Developer agrees to pay when due any existing, increased or modified fees, or new fees of general application to development within the City, including Processing Fees, Connection Fees and Impact Fees at the rates then in effect at the time land use or development permits, approvals or entitlements are applied for or issued on any or all portions of the Project. In addition, City may impose and Developer shall comply with those Exactions required by this Agreement and the Project Approvals.
ARTICLE 6 ANNUAL REVIEW
Section 6.1 Periodic Review.
A. The City Manager or designee shall on an annual basis and at any other time that the City Manager reasonably determines to be appropriate (but not more than once in any 12- month period), review the extent of Developer’s good faith substantial compliance with the terms and conditions of this Agreement in accordance with Government Code Section 65865.1. All City costs related to City’s review pursuant to this Section 6.1 shall be borne by Developer.
B. The annual review shall be conducted as provided herein:
(1) The City Manager shall provide thirty (30) days written notice of City’s review of Developer’s good faith substantial compliance with the terms and conditions of this Agreement pursuant to this Section 6.1. Such notice shall require Developer to demonstrate good faith substantial compliance with such terms and conditions, complete and submit to City an Annual Review Form in the form attached hereto as Exhibit C and provide such other information
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17 as may be reasonably requested by the City Manager. Such notice shall also advise Developer that the review may result in amendment or termination of this Agreement. (2) If, following his or her review of Developer’s submission, the City Manager is not satisfied that Developer has demonstrated good faith substantial compliance with the terms and conditions of this Agreement, or for any other reason, the City Manager may refer the matter along with his or her recommendation to the City Council, which shall at the first available agenda following the City Manager’s referral conduct a public hearing on Developer’s good faith substantial compliance with the terms and conditions of this Agreement. The City Council’s hearing of the matter shall be de novo.
(3) If the City Council finds and determines, based on substantial evidence in the record, that the Developer has failed to substantially comply in good faith with the terms and conditions of this Agreement, the City Council may terminate or modify this Agreement.
Developer’s failure to accept modification of this Agreement as provided in this Section 6.1 shall result in termination of the Agreement. Termination of this Agreement shall not relieve Developer of any obligation to comply with the terms and conditions of any applicable zoning, specific plans, special permit, subdivision map or other land use entitlement approval, nor shall it relieve Developer of any obligation to comply with any covenants which by the terms of this Agreement survive termination.
C. A finding by the City Manager or the City Council of good faith substantial compliance by Developer with the terms and conditions of this Agreement shall conclusively determine the issue up to and including the date of such review.
D. Failure of City to conduct a periodic review as provided in this Section 6.1 shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.
ARTICLE 7 MORTGAGEE PROTECTION
Section 7.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording of this Agreement, including the lien of any deed of trust or mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”), who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise.
Section 7.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 7.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of the Project, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any use except in full compliance with the Project Approvals and this Agreement nor to construct any
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18 improvements thereon or institute any uses other than those uses and improvements provided for or authorized by this Agreement and the Project Approvals.
Section 7.3 Notice of Default to Mortgagee. If City receives a notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then City agrees to deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed an event of default; and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereon on Developer. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice. If a Mortgagee shall be required to obtain possession in order to cure any default, then vis-à-vis the Mortgagee, the time to cure shall be tolled so long as the Mortgagee is attempting to obtain possession, including by appointment of a receiver or foreclosure but in no event may this period exceed one hundred eighty (180) days from the City’s notice (or, if applicable, one hundred eighty (180) days following relief from any automatic stay applicable in connection with any bankruptcy proceedings affecting Developer or the Project or any restraining order or injunction issued in connection with any foreclosure proceedings initiated by a Mortgagee).
Section 7.4 No Supersedure. Nothing in this Article 7 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 7 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 7.3.
ARTICLE 8 AMENDMENT OF AGREEMENT AND EXISTING APPROVALS Section 8.1 Amendment of Agreement By Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto or their successorsin-interest or assigns. Extension of the Term of this Agreement pursuant to Section 11.5 shall be considered Insubstantial Amendments and shall be processed under Section 8.2.
Section 8.2 Insubstantial Amendments to Agreement. Any amendment to this Agreement which, in the context of the overall Project contemplated by this Agreement, does not substantially affect (i) the Term of this Agreement (except as otherwise provided in Section 8.1), (ii) permitted uses of the Property, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Property or the maximum height or size of proposed buildings, (vi) monetary contributions by Developer, (vii) the nature, timing of delivery, or scope of the Private Improvements or Public Improvements, or (viii) the phasing of the Phase 1 Improvements and Phase 2 Improvements, shall be deemed an “Insubstantial Amendment” and shall not, except to the extent otherwise required by law, require notice or public hearing before the Parties may execute an amendment hereto. The City Manager shall have the authority to execute an Insubstantial Amendment or, in his or her discretion, seek approval of an Insubstantial Amendment by resolution of the City Council.
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19 Section 8.3 Major Amendments. Any amendment to this Agreement other than an Insubstantial Amendment shall be deemed a “Major Amendment” and shall be subject to approval by the City Council by ordinance following duly noticed public hearing before the Planning Commission and City Council consistent with Government Code sections 65867, 65867.5 and 65868.
Section 8.4 Requirement for Writing. No modification, amendment, or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing that refers expressly to this Agreement and is signed by duly authorized representatives of both Parties or their successors. A copy of any change shall be provided to the City Council within thirty (30) days of its execution.
Section 8.5 Amendments to Development Agreement Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute as those provisions existed as of the date of execution of this Agreement. No amendment or addition to those provisions that would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement, unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected by same unless the parties mutually agree in writing to amend this Agreement to permit such applicability.
ARTICLE 9 COOPERATION AND IMPLEMENTATION
Section 9.1 Subsequent Project Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project (“Subsequent Project Approvals”). The Subsequent Project Approvals may include, without limitation, the following: amendments of the Existing Approvals, grading permits, building permits, sewer and water connection permits, certificates of occupancy, final maps, lot line adjustments, parcel maps and/or subdivision maps, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon Project development and construction that are inconsistent with the Existing Approvals and the terms and conditions of this Agreement. Further, except as expressly provided herein, the City shall not exercise discretion in determining whether or how to grant Subsequent Project Approvals in a manner that would prevent development of the Project for the uses and to the maximum intensity of development set forth in the Existing Approvals.
Section 9.2 Processing Applications for Subsequent Project Approvals.
A. Developer acknowledges that City cannot begin processing applications for Subsequent Project Approvals until Developer submits complete applications on a timely basis.
Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other materials required under
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20 Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Project Approvals.
B. Upon submission by Developer of all appropriate applications and Processing Fees for any pending Subsequent Project Approval, City shall, to the full extent allowed by Applicable Law, promptly and diligently, subject to City ordinances, policies and procedures regarding hiring and contracting, commence and complete all steps necessary to act on Developer’s currently pending Subsequent Project Approval applications including: (i) providing at Developer’s expense and subject to Developer’s request and prior approval, reasonable overtime staff assistance, additional staff and/or staff consultants for concurrent, expedited planning and processing of each pending Subsequent Project Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such pending Subsequent Project Approval application.
Section 9.3 Other Agency Subsequent Project Approvals; Authority of City. City shall cooperate with Developer, to the extent appropriate and as permitted by law, in Developer’s efforts to obtain, as may be required, Other Agency Subsequent Project Approvals. Notwithstanding the issuance to Developer of Other Agency Subsequent Project Approvals, Developer agrees that City shall have the right to review, modify, approve and/or reject any and all submissions subject to the Other Agency Subsequent Project Approvals which, but for the authority of the other governmental or quasi-governmental entities issuing the Other Agency Subsequent Project Approvals, would otherwise require City approval. Developer agrees that City may review, modify, approve and/or reject any such materials or applications to ensure consistency with this Agreement and the Project Approvals and Developer shall incorporate any and all changes required by City prior to submitting such materials and applications to the other governmental or quasi-governmental entities for review and/or approval.
Section 9.4 Cooperation in the Event of Legal Challenge. City and Developer shall cooperate in the defense of any court action or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement or the Project Approvals (“Litigation Challenge”), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent Developer desires to contest or defend such Litigation Challenge, (i) Developer shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the legal counsel of its choice; (ii) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice in any such action or proceeding, with the reasonable costs of such representation to be paid by Developer; (iii) Developer shall reimburse City, within thirty (30) business days following City’s written demand therefor, which may be made from time to time during the course of such litigation, all reasonable out of pocket costs incurred by City in connection with the Litigation Challenge; and (iv) Developer shall indemnify, defend, and hold harmless City Parties from and against any damages, attorneys’ fees or cost awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against City by way of judgment, settlement, or stipulation. Any proposed settlement of a Litigation Challenge shall be subject to City’s approval not to be unreasonably withheld, conditioned or delayed. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any
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21 Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City in accordance with Applicable Law, and City reserves its full legislative discretion with respect thereto. If Developer opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so.
ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE
Section 10.1 Assignment.
A. The qualifications and identity of Developer are of particular concern to City. It is because of those unique qualifications and identity that City has entered into this Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement, except as expressly set forth herein.
B. Except as otherwise provided below with respect to a Permitted Transfer in connection with the conveyance by City to Developer of Parcel A, Lot 1, Lot 2, Lot 3, Townhome Lots, Lot 14 or Lot 15 in accordance with the terms of the DDA, Developer shall not assign or transfer this Agreement or any interest therein without the prior written approval of City.
Developer shall notify City of any proposed transfer or assignment promptly upon commencement of negotiations in connection with such event (or at such later time as such negotiations are not confidential in nature) and in any event at least sixty (60) days prior to completing any transfer or assignment. City shall approve or disapprove any such proposed transfer or assignment within sixty (60) days after receipt of a written request for approval thereof from Developer, together with such documentation as may be reasonably required by City. The documentation to be provided by Developer to City may include all financial and other documentation which City determines is reasonably necessary to evaluate the proposed transaction and the proposed assignee’s/transferee’s experience, reputation and qualifications.
C. Prior to consideration by City of any proposed assignment, including a Permitted Transfer, Developer shall deliver to City the form of a proposed written assignment and assumption agreement in which the assignee expressly agrees to assume all rights and obligations of Developer under this Agreement arising after the effective date of the assignment with respect to the parcel or parcels or other portion of the Property transferred or assigned, and in which the assignee agrees to assume all performance and obligations of Developer arising after the effective date of the assignment applicable to such parcel or parcels or other portion of the Property. The assignment and assumption agreement shall be in substantially the same form attached hereto as Exhibit D. City shall not unreasonably withhold its approval of a transfer or assignment to a proposed transferee/assignee who, in the reasonable opinion of City, is financially capable and has the development and operational qualifications and experience to perform the duties and obligations of Developer hereunder. No later than the date the assignment becomes effective, Developer shall deliver to City a fully executed counterpart of the assignment and assumption agreement.
D. Any of the following transfers or assignments shall be a “Permitted Transfer”:
(1) Any assignment or transfer to an Affiliate of Developer; or
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22 (2) A transfer which, when combined with any and all previous or simultaneous transfers, represents less than fifty percent (50%) of the equity or beneficial interest of Developer, provided such transfer does not cause a material change in the rights to manage and control Developer.
Developer shall give at least sixty (60) days prior written notice to City of a Permitted Transfer. In addition, City shall be entitled to review such documentation as it may reasonably require to establish that the proposed assignment or transfer is a Permitted Transfer.
E. Any assignee under this Section 10.1 (“Assignee”) shall succeed to the rights, duties and obligations of Developer only with respect to the parcel or parcels or other portion of the Property so transferred or assigned, and Developer shall continue to be obligated under this Agreement with respect to all portions of the Property retained by Developer.
ARTICLE 11 DEFAULT; REMEDIES; TERMINATION
Section 11.1 Breach. Subject to extensions of time under Section 11.5 or by mutual consent in writing, the failure or delay by either Party to perform any term or provision of this Agreement shall constitute a breach of this Agreement. In the event of alleged breach of this Agreement, the Party alleging such breach shall give the other Party notice in writing specifying the nature of the breach and the manner in which said breach may be satisfactorily cured, and the Party in breach shall have sixty (60) days following such notice (“Cure Period”) to cure such breach, except that in the event of a breach of an obligation to make a payment, the Party in breach shall have ten (10) days to cure the breach after receipt of notice thereof. If the breach is of a type that cannot be cured within sixty (60) days, the breaching Party shall, within a thirty (30) day period following notice to the non-breaching Party, notify the non-breaching Party of the time it will take to cure such breach which shall be a reasonable period under the circumstances (“Extended Cure Period”); commence to cure such breach within said 30-day period; and be proceeding diligently to cure such breach. Subject to the provisions of Section 11.5, the Extended Cure Period shall in no event exceed one hundred eighty (180) days unless otherwise agreed by the Parties. During the Cure Period or Extended Cure Period, the Party charged shall not be considered in Default for purposes of termination or institution of legal proceedings; but the City’s right to refuse to issue a permit or Subsequent Project Approval, under Section 11.3, shall not be limited by this provision. The failure of any Party to give notice of any breach shall not be deemed to be a waiver of that Party’s right to allege any other breach at any other time.
Section 11.2 Default. If the breaching Party has not cured such breach within the Cure Period or the Extended Cure Period, if any, such Party shall be in default (“Default”), and the nonbreaching Party, at its option, may terminate this Agreement, institute legal proceedings pursuant to this Agreement and shall have such remedies as are set forth in Section 11.4 below.
Section 11.3 Withholding of Permits. In the event of a Default by Developer, or following notice of breach to Developer and during the Cure Period or Extended Cure Period, City shall have the right to refuse to issue any permit or other Subsequent Project Approvals to which Developer would otherwise have been entitled pursuant to this Agreement. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals.
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23 Section 11.4 Remedies.
A. In the event of a Default by City or Developer, the non-defaulting Party shall have the right to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code Section 65868 and regulations of City implementing such section. Following notice of intent to terminate, the matter shall be scheduled for consideration and review in the manner set forth in Government Code Section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, either Party alleging Default by the other Party may give written notice of termination of this Agreement to the other Party. Termination of this Agreement shall be subject to the provisions of Section 11.7 hereof.
B. If City issues a Project Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Developer in the future, and if Developer then fails to satisfy such condition, City shall be entitled to specific performance for the purpose of causing Developer to satisfy such condition.
C. In addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court for Alameda County, California, or in the Federal District Court for the Northern District of the State of California. Neither Party shall have the right to recover any consequential, punitive or special damages.
Section 11.5 Enforced Delay; Extension of Time of Performance. Subject to the limitations set forth below, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other Party; or acts or failures to act of any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause (but in any event shall not exceed a cumulative total of two (2) years), if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. The Parties agree that the commencement of any litigation concerning this Agreement, the Ordinance approving this Agreement or any of the Existing Approvals shall constitute cause for an extension of time for performance of obligations under this Agreement up to a maximum of two (2) years, and that the Term of this Agreement shall be automatically extended for the period such litigation is pending (subject, however, to the 2 year maximum extension).
Section 11.6 Resolution of Disputes. With regard to any dispute involving the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City’s request, meet with designated representatives of City promptly following City’s request.
The parties to any such meetings shall attempt in good faith to resolve any such disputes. Nothing
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24 in this Section 11.6 shall in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings.
Section 11.7 Surviving Provisions. Following the termination of this Agreement, neither Party shall have any further rights or obligations hereunder, except for those obligations of Developer set forth in Section 9.8 (Cooperation in the Event of Legal Challenge) and Section 12.1 (Indemnity and Hold Harmless).
ARTICLE 12 INDEMNITY AND INSURANCE
Section 12.1 Indemnity and Hold Harmless. Developer shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless City Parties from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction of the Project by or on behalf of Developer, and/or from any other acts or omissions of Developer under this Agreement, whether such acts or omissions are by Developer or any of Developer’s contractors, subcontractors, agents or employees, except to the extent such Claims arise from the sole active negligence or willful misconduct of City or City Parties.
Section 12.2 Insurance Requirements. Developer shall procure and maintain, or cause its contractor(s) to procure and maintain, once construction of Phase 1 Improvements have commenced and for the duration of this Agreement, a commercial general liability policy in an amount not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) combined single limit, including contractual liability, a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000), combined single limit, and an excess liability policy in an amount not less than Five Million Dollars ($5,000,000). Such policy or policies shall be written on an occurrence form, so long as such form of policy is then commonly available in the commercial insurance marketplace. Developers’ insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or a rating otherwise approved by the City in its reasonable discretion. Developer shall furnish at City’s request appropriate certificate(s) of insurance evidencing the insurance coverage required by City hereunder, and the City Parties shall be named as additional insured parties under the policies required hereunder.
Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City.
Section 12.3 Workers’ Compensation Insurance. Developer shall also provide, or cause to be provided, Workers’ Compensation insurance as required by law, covering employees of Developer and employees of any contractor, subcontractor, agent or representative of Developer.
Section 12.4 No Supersedure. The provisions of this Article 12 relating to indemnity and insurance shall not supersede and shall be in addition to any requirements contained in any Project Approval or any other land use entitlement pertaining to the Property; provided, however, that such provisions of this Article 12 or any such other Project Approval or any other land use
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25 entitlement pertaining to the Property shall not supersede or replace in any way the indemnity and insurance requirements set forth in any lease or easement agreement provided for in or to be entered into pursuant to the Public Improvements Funding Agreement.
ARTICLE 13 MISCELLANEOUS PROVISIONS
Section 13.1 Incorporation of Recitals, Exhibits and Introductory Paragraph. The Recitals contained in this Agreement, the introductory paragraph preceding the Recitals and the Exhibits attached hereto are hereby incorporated into this Agreement as if fully set forth herein.
Section 13.2 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, the Party adversely affected may terminate this Agreement by providing written notice of such termination to the other Party.
Section 13.3 Construction. Each reference herein to this Agreement or any of the Existing Approvals or Subsequent Project Approvals shall be deemed to refer to the Agreement, Existing Approval or Subsequent Project Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Agreement. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. Unless the context clearly requires otherwise, (i) the plural and singular numbers shall each be deemed to include the other; (ii) the masculine, feminine, and neuter genders shall each be deemed to include the others; (iii) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (iv) “or” is not exclusive; (v) “include,” “includes” and “including” are not limiting and shall be construed as if followed by the words “without limitation,” and (vi) “days” means calendar days unless specifically provided otherwise.
Section 13.4 Covenants Running with the Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective successors (by merger, consolidation, or otherwise) and assigns, and all other persons or entities acquiring the Property, or any interest therein, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code section 65868.5.
Section 13.5 Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express or other similar courier providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given upon actual receipt (or refusal to accept
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26 delivery) by any of the addressees designated below as the party to whom notices are to be sent.
If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the parties at their addresses set forth below:
To City: City of Healdsburg
401 Grove Street
Healdsburg, California 95448
Attention: City Manager
With a copy to: Burke, Williams & Sorensen, LLP
1 California Street, Suite 3050
San Francisco, California 94111-5432
Attention: Samantha Zutler, City
Attorney
To Developer: Freebird Development Company, LLC
1111 Broadway
Oakland, California 94607
Attention: Robin Zimbler
With a copy to: Miller Starr Regalia
1331 N. California Blvd.
Walnut Creek, CA 94596
Attn: Bryan Wenter
Section 13.6 Counterparts and Exhibits; Entire Agreement. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. This Agreement, together with the Existing Approvals and attached Exhibits, constitutes the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to all or any part of the subject matter hereof.
Section 13.7 Recordation of Agreement. Pursuant to California Government Code Section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of Alameda.
Section 13.8 No Joint Venture or Partnership. It is specifically understood and agreed to by and between the Parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any public improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Existing Approvals or Subsequent Project Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this
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27 Agreement, Existing Approvals, Subsequent Project Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.
Section 13.9 Waivers. Notwithstanding any other provision in this Agreement, any failures or delays by any Party in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by another Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future.
Section 13.10 California Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. The exclusive venue for any disputes or legal actions shall be the Superior Court of California in and for the County of Sonoma or the US District Court, Northern California District.
Section 13.11 City Approvals and Actions. Whenever reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise.
Section 13.12 Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Developer and City.
IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written. [REMAINDER OF PAGE LEFT BLANK]
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28 CITY:
CITY OF HEALDSBURG, a California
municipal corporation
By:
Jeffrey Kay, City Manager
APPROVED AS TO FORM:
By:
Samantha Zutler, City Attorney
ATTEST:
By:
Raina Allan, City Clerk
DEVELOPER:
FREEBIRD DEVELOPMENT COMPANY,
LLC, a California limited liability company
By:
Name:
Its:
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Exhibit A
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE PROPERTY REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HEALDSBURG, COUNTY OF SONOMA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE-A:
Lying within the City of Healdsburg, County of Sonoma, State of California, and being pontoons of Parcels 5, 6 and 11 of the Lands of Sonoma Luxury Resort LLC as shown on that Final Map titled Saggio Hills, filed for record, May 23, 2018 in Bock 795 of Maps at pages 31-40, Sonoma County Records, and being more particularly described as follows:
Beginning at a 1/2” iron pipe tagged PLS 5143 marking the northwest corner of Parcel 5 as shown on said map of Saggio Hills; thence along the northerly, easterly and southerly line of Parcel 5, on a curve to the right, from a tangent that bears North 20°32‘ 11” West, radius of 20.00 feet, length of 33.08 feet, central angle of 94°46’43”; thence on a compound a curve to the right, radius of 156.00 feet, length of 54.53 feet, central angle of 20°01 ’42”; thence on a reverse curve to the left radius of 228.00 feet, length of 330.47 feet, central angle of 83°02’47”; thence North 11°09’l5” East, 69.68 feet; thence South 12°48’06” East, 261.00 feet; thence South 46°32‘l4” West, 94.60 feet; thence South 14°18'21" West, 73.62 feet; thence South 22°09’28” East, 408.32;thence on a curve to the right from a tangent that bears South 41°31’14" West, radius of 1750.00 feet, length of 586.91 feet, central angle of 19°12’56”; thence on a reverse curve to the left, radius of 150.00 feet, length of 71.25 feet, central angle of 27°12’56”; thence a curve to the right, radius of 450.00 feet, length of 179.87 feet, central angle of 22° 54‘08" to the southwest corner of said Parcel 5; thence along the westerly line of Parcel 5, North 0°29’37” East, 30.60 feet to the southerly line of said Parcel 11; thence along the common line of said Parcels 5 and 11, on a curve to the left, from a tangent that bears North 54°06 '42“ East, a radius of 425.00 feet, a length of 376.97, central angle of 50°49’15"; thence leaving said common line, on a compound curve to the left, a radius of 325.00, length of 179.02 feet, central angle of 31°33’38"; thence on a reverse curve to the right, radius of 225.00 feet, length of 222.62 feet, central angle of 56°41’24”; thence North 28°25’ 12” East, 70.81 feet; thence on a curve to the left, radius of 275.00, length of 235.31 feet, central angle of 49°01 ’35” to the Point of Beginning.
The parcel above is pursuant to Lot Line Adjustment Application File No. LLA 2021-04 on file in the Office of the City of Healdsburg Planning Department. It is the express intent of the signatories contained in the Grant Deed recorded 9/30/2022 recording no. 2022063599 extinguishes any underlying parcels or portions of parcels.
Basis of bearings: Final Map of Saggio Hills, Book 795 of Maps, Pages 31—40, Sonoma County Records.
Being portions of APN 091-310-005, 006, 011.
Containing 7.43 acres.
PARCEL ONE-B:
An Emergency Vehicle Access Easement as described in the Grant of Easement executed by the County of Sonoma, a political subdivision to Sonoma Luxury Resort, LLC, recorded October 29, 2008 as Instrument No. 2008-98282, of Official Records.
PARCEL TWO-A:
Lying within the City of Healdsburg, County of Sonorna, State of California, and being a portion of Parcel 6 of the Lands of Sonoma Luxury Resort LLC as shown on that Final Map titled Saggio Hills, filed for record, May 23, 2018, in Book 795 of Maps at pages 31-40, Sonoma County Records, and being more particularly described as follows:
Beginning at a 1/2" iron pipe tagged PLS 5143 marking the northwest corner of Parcel 6 as shown on said map of Saggio Hills; thence along the northeasterly line of said Parcel 6, on a curve to the right, from a
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Exhibit A
tangent that bears South 78°37’43" East, radius of 275.00 feet, length of 68.41 feet, central angle of 14°15’ 13"; thence on a curve to the left, radius of 1025.00 feet, length of 79.06 feet, central angle of 4°25’09”; thence South 68°47'39" East, 163.00 feet; thence on a curve to the right, radius of 225.00 feet, length of 298.24 feet, central angle of 75°56’50”; thence leaving said northeasterly line of said Parcel 6, continuing along said curve to the right, radius of 225.00, length of 83.52 feet, central angle of 21°16’01"; thence South 28°25’12" West, 70.81 feet; thence on a curve to the left, radius of 275.00 feet, length of 272.09 feet, central angle of 56°41'24"; thence on a curve to the right, radius of 275.00 feet, length of 151.48 feet, central angle of 31°33'38“ to the southeasterly line of said Parcel 6; thence along the southeasterly line of said Parcel 6, on a compound curve to the right, radius of 375.00 feet, length of 294.27 feet, central angle of 44°57’42" to the westerly line of said Parcel 6; thence along said westerly line North 0°29’37” East, 441.55 feet; thence South 89°36 ’07” West, 132.85 feet; thence North 0°37’45” West, 452.38 feet; thence North 54°09'32" West, 234.08 feet; thence North 16°45 ‘34” West, 48.44 feet; thence North 36°05’09” East, 99.18 feet to the Point of Beginning.
The parcel above is pursuant to Lot Line Adjustment Application File No. LLA 2021-04 on file in the Office of the City of Healdsburg Planning Department. It is the express intent of the signatories contained in the Grant Deed recorded 9/30/2022 recording no. 2022063600 extinguishes any underlying parcels or portions of parcels.
Basis of bearings: Final Map of Saggio Hills, Book 795 of Maps, Pages 31—40, Sonoma County Records.
Being a portion of APN 091-310-006.
Containing 5.01 acres.
PARCEL TWO-B:
An Emergency Vehicle Access Easement as described in the Grant of Easement executed by the County of Sonoma, a political subdivision to Sonoma Luxury Resort, LLC, recorded October 29, 2008 as Instrument No. 2008-98282, of Official Records.
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-7768-0689 v9
Exhibit B
EXHIBIT B
SITE MAP OF PROPERTY
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Exhibit C
EXHIBIT C
ANNUAL REVIEW FORM
This Annual Review Evaluation Form is submitted to the City of Healdsburg (“City”) by Freebird Development Company, LLC, a California limited liability company (“Developer”), pursuant to the requirements of California Government Code section 65865.1 regarding Developer’s good faith substantial compliance with its obligations under the Development Agreement between the City and Developer having an Effective Date of ______________ (“Development Agreement”). All terms not otherwise defined herein shall have the meanings assigned to them in the Development Agreement:
Annual Review Period: ______________ to ______________.
Specify whether Impact fees, Processing fees, Connection fees and/or other fees due and payable have been paid during this annual review period.
Describe whether other applicable Development Agreement obligations were completed during this annual review period and, if so, specifically identify such obligations.
Specify whether Developer has assigned the Development Agreement, in whole or in part, or otherwise conveyed the Property or any portion thereof during this annual review period.
The undersigned representative confirms that Developer is:
______In good faith substantial compliance with its obligations under the Development Agreement for this annual review period.
______Not in good faith substantial compliance with its obligations under the Development Agreement for this annual review period, in response to which Developer is taking the actions set forth in the attachment hereto.
IN WITNESS WHEREOF, Developer has executed this Annual Review Form as of this ____ day of ______________, 20__.
DEVELOPER:
FREEBIRD DEVELOPMENT COMPANY,
LLC, a California limited liability company
By:
Name:
Its:
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Exhibit D
EXHIBIT D
FORM ASSIGNMENT AND ASSUMPTION AGREEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Clerk
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from Recording Fee per Government Code §27383
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Assignment Agreement”) is entered into as of the ____ day of __________, 20__, by and among Freebird Development Company, LLC, a California limited liability company (“Assignor”), ______________________, a ___________________ (“Assignee”), and the City of Healdsburg, a California municipal corporation (“City”).
R E C I T A L S
A. Assignor has entered into a Development Agreement with City effective ______________ (Recorder’s Document No. ________) (“Development Agreement”), to facilitate the development and use of certain real property consisting of approximately ______________ acres within the City of Healdsburg, County of Sonoma, State of California, depicted and legally described in Attachment 1 attached hereto and incorporated herein (“Property). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Development Agreement.
B. Assignor desires to transfer its fee interest in the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14] to Assignee concurrently with execution of this Assignment Agreement and Assignee desires to so acquire such interest in the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14] from Assignor.
C. Article 10 of the Development Agreement provides that Assignor may assign its rights and obligations under the Development Agreement to another party, provided that the Assignor shall have provided to City at least sixty (60) days prior written notice and provided that the assignor and the assignee document the assignment in an agreement substantially in the form of this Assignment Agreement.
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Exhibit D
D. Assignor has provided the required written notice to City of its intent to enter into an assignment and assumption agreement as required by Section 10.1 of the Development Agreement.
E. Assignor desires to assign to Assignee and Assignee desires to assume all rights and obligations of Assignor under the Development Agreement. Upon execution of this Assignment Agreement and transfer to Assignee of legal title to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14], Assignor desires to be released from any and all obligations under the Development Agreement with respect to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14].
A G R E E M E N T
NOW, THEREFORE, Assignor, Assignee and City hereby agree as follows:
1. Assignment by Assignor. Assignor hereby assigns, transfers and grants to Assignee, and its successors and assigns, all of Assignor’s rights, title and interest and obligations, duties, responsibilities, conditions and restrictions under the Development Agreement with respect to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14] (collectively, “Rights and Obligations”).
2. Acceptance and Assumption by Assignee. Assignee, for itself and its successors and assigns, hereby accepts such assignment and assumes all such Rights and Obligations, accruing on or after the Assignment Agreement Effective Date (defined in Section 16 below).
Assignee agrees, expressly for the benefit of City, to comply with, perform and execute all of the Rights and Obligations of Developer with respect to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14] arising on or after the Effective Date from or under the Development Agreement.
3. Release of Assignor. Assignee and City hereby fully release Assignor from all Rights and Obligations. Both Assignor and Assignee acknowledge that this Assignment Agreement is intended to fully assign all of Assignor’s Rights and Obligations to Assignee, and it is expressly understood that Assignor shall not retain any Rights and Obligations whatsoever with respect to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14].
4. Substitution of Assignor. Assignee hereafter shall be substituted for and replace Assignor in the Development Agreement with respect to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14]. Whenever the term “Developer” appears in the Development Agreement, it shall hereafter mean Assignee.
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Exhibit D
5. Assignor and Assignee Agreements, Indemnifications and Waivers. a. Assignee represents and warrants to City as follows:
(i) Assignee is a ____________________ duly formed within and in good standing under the laws of the State of ________________. The copies of the documents evidencing the formation of Assignee, which have been delivered to City, are true and complete copies of the originals, as amended to the date of this Assignment Agreement. Assignee has full right, power and lawful authority to undertake all obligations as provided herein and the execution, performance and delivery of this Assignment Agreement by Assignee has been fully authorized by all requisite actions on the part of Assignee.
(ii) Assignee’s execution, delivery and performance of its obligations under this Assignment Agreement will not constitute a default or a breach under any contract, agreement or order to which Assignee is a party or by which it is bound. (iii) Assignee has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Assignee’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Assignee’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Assignee’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally.
(iv) As of the Effective Date of this Assignment Agreement, Assignee will own fee simple title to the [Property] [Townhome Lots or Townhome Lots and Lot 15] [Parcel A, Lot 1, Lot 2, Lot 3, Lot 14 and Lot 15 or Parcel A, Lot 1, Lot 2, Lot 3 and Lot 14]. b. Assignor and Assignee hereby acknowledge and agree that the City has not made, and will not make, any representation or warranty that the assignment and assumption of the Development Agreement provided for hereunder will have any particular tax implications for Assignor or Assignee.
c. Assignor and Assignee each hereby waives and releases and each hereby agrees to indemnify and hold City harmless from any and all damages, liabilities, causes of action, claims or potential claims against City (including reasonable attorneys’ fees and costs) arising out of this Assignment Agreement or resulting from the assignment and assumption of the Rights and Obligations.
d. Assignor acknowledges and agrees that the Rights and Obligations have been fully assigned to Assignee by this Assignment Agreement and, accordingly, that Assignee shall have the exclusive right to assert any claims against City with respect to such Rights and Obligations. Accordingly, without limiting any claims of Assignee under the Development Agreement, Assignor hereby waives any claims or potential claims by Assignor against City to the extent arising solely out of the Rights and Obligations.
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Packet Pg. 561 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) OAK #4857-7768-0689 v9
Exhibit D
6. Development Agreement in Full Force and Effect. Except as specifically provided herein with respect to the assignment, all the terms, covenants, conditions and provisions of the Development Agreement are hereby ratified and shall remain in full force and effect.
7. Recording. Assignor shall cause this Assignment Agreement to be recorded in the Official Records of Sonoma County, California, and shall promptly provide conformed copies of the recorded Assignment Agreement to Assignee and City.
8. Successors and Assigns. Subject to the restrictions on transfer set forth in the Development Agreement, all of the terms, covenants, conditions and provisions of this Assignment Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns, pursuant to Section 13.4 of the Development Agreement.
9. Assignee Address for Notices. The address of Assignee for the purpose of notices, demands and communications under Section 13.5 of the Development Agreement shall be:
_______________________________
_______________________________
_______________________________
_______________________________
Attention: ______________________
Telephone: _____________________
Facsimile: ______________________
With a copy to: _______________________________
_______________________________
_______________________________
_______________________________
Attention: ______________________
Telephone: _____________________
Facsimile: ______________________
10. Applicable Law/Venue. This Assignment Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to its choice of law provisions. Any legal actions under this Assignment Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California or in the Federal District Court for the Northern District of the State of California.
11. Interpretation. All parties have been represented by counsel in the preparation and negotiation of this Assignment Agreement, and this Assignment Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Assignment Agreement. Unless the context clearly requires otherwise: (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.
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Packet Pg. 562 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) OAK #4857-7768-0689 v9
Exhibit D
12. Headings. Section headings in this Assignment Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Assignment Agreement.
13. Severability. Except as otherwise provided herein, if any provision(s) of this Assignment Agreement is (are) held invalid, the remainder of this Assignment Agreement shall not be affected, except as necessarily required by the invalid provisions, and shall remain in full force and effect unless amended or modified by mutual consent of the parties.
14. Counterparts. This Assignment Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument, with the same effect as if all of the parties to this Assignment Agreement had executed the same counterpart.
15. City Consent. City is executing this Assignment Agreement for the limited purpose of consenting to the assignment and assumption and clarifying that there is privity of contract between City on the one hand, and Assignee on the other, with respect to the Development Agreement.
16. Effective Date. The Effective Date of this Assignment Agreement shall be the date upon which Assignee obtains fee title to the Property and Assignor delivers evidence of the transfer to City (“Assignment Agreement Effective Date”). For the purposes of this Section, the evidence of transfer shall consist of a duly recorded deed, and title report. [SIGNATURES FOLLOW ON SEPARATE PAGES]
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Packet Pg. 563 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) OAK #4857-7768-0689 v9
Exhibit D
IN WITNESS WHEREOF, Assignor, Assignee and City have entered into this Assignment Agreement as of the date first above written.
ASSIGNOR:
_____________________________, a
_______________________________
By:
Name:
Its:
[Signature must be notarized]
By:
Name:
Its:
[Signature must be notarized]
ASSIGNEE:
___________________________________, a
_______________________________________
By:
Name:
Its:
[Signature must be notarized]
By:
Name:
Its:
[Signature must be notarized]
[SIGNATURES CONTINUED ON NEXT PAGE]
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Packet Pg. 564 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) OAK #4857-7768-0689 v9
Exhibit D
CITY:
CITY OF HEALDSBURG, a California municipal
corporation
By:
_______________________, City Manager
[Signature must be notarized]
ATTEST:
By:
__________________, City Clerk
APPROVED AS TO FORM:
By:
________________, City Attorney
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Packet Pg. 565 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) OAK #4857
-7768-0689 v9
Attachment 1 to Exhibit D
ATTACHMENT 1
PROPERTY
[to be inserted]
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Packet Pg. 566 Attachment: 7. PC Resolution 2023-03 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) NORTH
© ● TE L (707) 542-6451 FA X (707) 542-5212
15 TH I RD STR EE T , SAN TA RO SA, CA 95401
CI VI L EN G I NE E R S UR BAN PLA NN ER S LAN D SU R V EY O R S LA N D SCAP E ARC H ITECT S
NOTESBENCH MARKPROJECT DATA LEGENDSHEET INDEX
HEALDSBURG, CALIFORNIA
BOUNDARY and LOT LAYOUT
TENTATIVE MAP
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Attachment: 8. Tentative Map (4000 : Saggio Hills Affordable Housing TM, DA, DDA) NORTH
© ● TE L (707) 542-6451 FA X (707) 542-5212
15 TH I RD STR EE T , SAN TA RO SA, CA 95401
CI VI L EN G I NE E R S UR BAN PLA NN ER S LAN D SU R V EY O R S LA N D SCAP E ARC H ITECT SSTREET and GRADING IMPROVEMENTS
TENTATIVE MAP
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Attachment: 8. Tentative Map (4000 : Saggio Hills Affordable Housing TM, DA, DDA) NORTH
© ● TE L (707) 542-6451 FA X (707) 542-5212
15 TH I RD STR EE T , SAN TA RO SA, CA 95401
CI VI L EN G I NE E R S UR BAN PLA NN ER S LAN D SU R V EY O R S LA N D SCAP E ARC H ITECT S
UTILITY PLAN
TENTATIVE MAP
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Attachment: 8. Tentative Map (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
REQUEST FOR PLANNING COMMISSION ACTION
PROJECT TITLE: Saggio Hills Affordable Housing Project
SUBJECT: Major Design Review (DR 2022-05)
Tentative Subdivision Map (TM 2022-02)
PROPERTY ADDRESS: 450 Parkland Farms Boulevard, Healdsburg, CA ASSESSOR PARCEL NO.: APNs 091-310-005 and 091-310-006
GEN'L PLAN DESIGNATION: MHR- Medium High Residential (6-10 units per acre) ZONING DISTRICT: R-1-3,500
APPLICANT: Freebird Development Company, LLC
OWNER: Sonoma Luxury Resort, LLC. Title to the two parcels will be transferred to the City of Healdsburg following City acceptance of the rough grading, public street and utility work performed by the current property owner.
RECOMMENDED ACTIONS
By separate motions, it is recommended that the Planning Commission:
1. Adopt Resolution No. 2022-17 (Attachment 1) recommending that the Healdsburg City Council approve Tentative Subdivision Map TM 2022-02 subject to the suggested findings and recommended conditions of approval.
2. Adopt Resolution No. 2022-18 approving Major Design Review DR 2022-05 (Attachment 2) based on the suggested findings and subject to the recommended conditions of approval.
BACKGROUND
In 2011, the Healdsburg City Council approved a Final Environmental Impact Report ("Saggio Hills Project EIR") and master entitlements for the Saggio Hills Project. The master entitlements included the Saggio Hills Area Plan, annexation and zoning of the 258.5-acre Saggio Hills Project site, a Tentative Subdivision Map and a Development Agreement for the Saggio Hills Project. The Saggio Hills Project EIR is available for review at the City of Healdsburg Community Development Center (401 Grove Street, Agenda Item #: 4.A
Meeting Date: November 8, 2022
Prepared By: Linda Ruffing, Planning Consultant
Reviewed By: ________________________
Scott Duiven
Community Development Director
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Packet Pg. 570 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
Healdsburg, CA) and on the City's website. An Addendum to the Final EIR (Attachment 3) has been prepared to identify and analyze the potential environmental impacts of the currently proposed Saggio Hills Affordable Housing Project. As entitled, the Saggio Hills Project includes the following components:
• A luxury resort with 130 keyed rooms, restaurant, pool and spa, and other features • Up to 70 residences
• Construction of private streets, associated utilities and trails • Construction of two public streets and associated utilities (Passalacqua Drive and an extension of Parkland Farms Boulevard)
• Mass grading and conveyance of 36.15 acres (Parcel 8) to City for a public park and developer contribution of $3M
• Payment of an "in lieu contribution" for a multi-use trail extending from Healdsburg Avenue to the Healdsburg Ridge Open Space Preserve (through the Community Park and Affordable Housing sites)
• Construction of a public hiking trail north of Passalacqua Drive (the "Northwest Trail") • Conveyance to City of 0.85 acres of land (Parcel 10) for a Fire Substation and developer contribution of $1.75M
• Construction of water pump station on approximately 0.51 acres of land (Parcel 9) and conveyance to City
• Mass grading of approximately 12.36 acres of land (Parcels 5 and 6) and conveyance to City for future affordable housing development.
The Saggio Hills Project developer, Sonoma Luxury Resorts LLC ("SLR"), has completed development of the resort, public and private streets and utilities, water pump station, the Northwest Trail, and the mass grading of Parcels 5, 6, 8 and 10. SLR and the City of Healdsburg ("City") are in the process of completing documentation necessary for conveyance of the Community Park, Fire Substation and Affordable Housing parcels to the City. Pursuant to the Saggio Hills Development Agreement, the City is responsible for making arrangements for the development and construction of up to 150 units of affordable housing on the Saggio Hills Affordable Housing site (Parcels 5 and 6). Attachment 4 shows the location of the Saggio Hills Affordable Housing site ("Project site").
Following a competitive selection process, on February 16, 2021, the City Council approved an Exclusive Negotiating Rights Agreement ("ENA") with Freebird Development Company, LLC ("Applicant") for development of affordable housing on the Project site. The ENA establishes procedures and standards for the negotiation of a Disposition and Development Agreement and establishes that, during the Negotiation Period, the Applicant is required to conduct community outreach, complete schematic design, and secure entitlements and any required environmental review.
The Applicant hosted two community meetings in June and August of 2021 to obtain early input regarding the Saggio Hills Affordable Housing Project ("Project"). Corazon Healdsburg and the City assisted with outreach and the meetings were attended by approximately 50 and 70 people, respectively. The Applicant also held two focus group meetings with four neighbors whose homes on Palomino Court are immediately adjacent to the Project site.
The Applicant has submitted applications to the City seeking approval of a Tentative Subdivision Map, concessions under State Density Bonus Law, and Major Design Review for the Project. On March 8, 2022, the Healdsburg Planning Commission conducted a workshop to provide an opportunity for the Applicant to present their plans for the Project and to explain the various considerations that informed
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Packet Pg. 571 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
the proposed siting and design of the Project. At the workshop, members of the public and the Planning Commission provided informal feedback to the Applicant. Topics discussed included:
Opportunities for increasing the unit count to more than 110 units Opportunities for increasing the number of for sale units to more than 10 Support for inclusion of a transit stop to serve the Project Opportunities for increasing parking for residents and guests Possibility of including recycled water infrastructure Concerns about adequacy of laundry facilities
Interest in having community garden areas closer to units Interest in adding recreation/amenities for teens
Support for multiple color themes and lighter colors, possibly with more yellows and browns Consider adding hipped roofs rather than shed roofs
Add definition to entries of duplexes
Concerns about speeding vehicles on Parkland Farms Boulevard Fire safety issues
Parking for Healdsburg Ridge Open Space Preserve.
In response to feedback received at the workshop, the Applicant modified the Project plans (as discussed further, below and in Attachment 10). The applications for a Tentative Subdivision Map and Major Design Review are now brought forward for Planning Commission review and action.
PROJECT DESCRIPTION
Site and Vicinity Description
The approximately 12.36-acre project site (identified by Assessor’s Parcel Numbers 091-310-005 and - 006) is located south of the intersection of Passalacqua Drive and Parkland Farms Boulevard within the Montage development in northeast Healdsburg. The site has been rough-graded and is currently undeveloped. An extension of Parkland Farms Boulevard was recently constructed on an alignment that bisects the Project site and connects to Passalacqua Drive to the north.
Surrounding land uses include the Montage Resort and residential property to the north, the Healdsburg Ridge Open Space Preserve to the east and south, and the Parkland Farms single-family residential neighborhood to the west. Land adjacent to the site on the northwest is planned for development as a Community Park. The City of Healdsburg General Plan designates the Project site as Medium High Density Residential (MHR) and the site is zoned Single-Family Residential with a 3,500-square-foot minimum lot area (R-1-3,500).
Project Overview
As noted in the Applicant's Project Narrative (Attachment 5) the Project is:
"... an inclusive mixed-income and mixed-tenure (rental and for-sale) community nestled on 12 acres to the northeast of the Parkland Farms community in the rolling hills of Healdsburg, California. Of the total 118 residential units, 90 are rental, 10 are for-sale, and an additional 18 can be either rental or for-sale. All rental units will be deed restricted for use by households at income tiers between 30% – 80% of area median income (AMI). For-sale townhomes will be
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Packet Pg. 572 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
deed restricted to households up to 120% AMI. Ten percent (10%) of the rental units will be reserved for people with intellectual and developmental disabilities (I/DD units). The project will include a variety of housing types and unit sizes, all scaled and designed appropriately within the context of the development’s beautiful natural setting to create a wonderful place for residents to live and to enhance the larger community.
Indoor amenities will include a central community building with a community room and property management offices, and complement outdoor amenities including community gardens/farm, picnic areas, playgrounds, plazas, pedestrian and bike paths, and hiking trails connecting to the broader trail network. The project will be all electric and include many sustainability features including photovoltaics, low flow plumbing fixtures, energy efficient lighting, and potential laundry-to-landscape greywater system. Parking is provided at a ratio of one space for every studio and one-bedroom unit and two spaces for every two- and three-bedroom unit, with the exception of the 48-unit corridor building which includes one space for every studio and onebedroom unit and 1.5 spaces for every two- and three-bedroom unit. The I/DD units will be located in this building."
Proposed Tentative Subdivision Map
The Applicant is seeking approval of a Tentative Map for the 12.36-acre Project site. The site is currently comprised of two parcels located on either side of Parkland Farms Boulevard which roughly bisects the site on a north-south axis. As shown on Attachment 6, the Tentative Map proposes 15 lots and two "common area/open space parcels." These are briefly described (starting from Lot 1 in the northeast corner of the site and moving clockwise) as follows:
Lot 1: This 55,230 square foot ("SF") parcel is located in the northeast corner of the project site, nestled between the private road portion of Passalacqua Road and a tributary of Foss Creek that runs through the northern portion of the Project site on an east-west axis, roughly parallel to Passalacqua Road. The Tentative Map identifies this as a common area parcel and the Applicant proposes that it be used as an outdoor amenity as its development potential is constrained by topography, access limitations, and the creek.
Lot 2: This 24,510 SF parcel is located on the south side of the creek, across from Lot 1. A community building and recreation facilities are proposed on this parcel.
Parcel A: This is a 144,710 SF parcel that surrounds Lot 2 on three sides and includes the central knoll on the site. It will be retained for open space and passive recreational uses.
Lot 3: This is a 95,750 SF parcel in the southeast corner of the site. Its southerly boundary abuts the Healdsburg Ridge Open Space Preserve. Multi-family housing is proposed on this parcel.
Lots 4-13: These 10 parcels range in size from 3,280 SF to 6,680 SF. They are located on the west side of Parkland Farms Boulevard and their westerly boundaries adjoin residential lots in the Parkland Farms neighborhood. For-sale, duplex townhomes are proposed on these parcels.
Lot 14: This 74,900 SF parcel is situated in the central area of the site, on the west side of Parkland Farms Boulevard. It abuts the Community Park parcel to the west. Multi-family housing is proposed on this parcel.
Parcel B: This 36,730 SF parcel encompasses the Foss Creek tributary as well as a strip of land on the south side where a segment of multi-use (i.e., bicycle and pedestrian) trail will be located and
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Packet Pg. 573 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
will connect to the multi-use trail in the Community Park. It appears likely that the City will retain this parcel as an extension of the Community Park.
Lot 15: This 65,930 SF parcel is located on the north side of the Foss Creek tributary and is bounded on the north by Passalacqua Drive and on the west by the City-owned Passalacqua Pump Station property. Multi-family housing is proposed on this parcel. The Tentative Map identifies "18 air space condominiums" on this parcel to accommodate either for-sale condominiums, depending on the demand and financial feasibility, or rental units.
The Tentative Map identifies improvements on either side of the Parkland Farms Boulevard segment that traverses the Project site. On the east side of the street, an 8' wide multi-use trail is proposed along with a 3' planting strip, and on the west side a standard 6' wide City sidewalk is proposed extending from the south property boundary to a location on the north side of the Foss Creek tributary, on either side of the street. No improvements other than a driveway entry are proposed along the frontage of Lot 15 on Passalacqua Drive while maintaining two 13' wide travel lanes. The Tentative Map indicates additional right-of-way that would be dedicated to the City. The Applicant proposes to establish on-street parking on the east side of Parkland Farms Boulevard.
Project Design Features
The Plan Set for the Project, shown in Attachment 7, presents detailed site plans, floor plans, building elevations, landscaping plans, grading and utility plans, etc. Sheet L1.00 shows the overall site plan for the Project. Six areas identified on Sheet L1.00 are described in the Applicant's Project Narrative (Attachment 5) as follows:
NE portion north of Foss Creek – An open space area that will be preserved as an outdoor amenity including possibly community gardens, picnic area, and/or small farm. Given topography, creek setback, and limited access off a private road, this portion of the site is not developable at densities that would support the associated costs. East portion south of Foss Creek – A one-story community building with a community room and property management offices, plus associated parking, playground, outdoor plaza, and connectivity to multi-use trail and soft trail network on central knoll, a major site feature retained by the development.
SE portion south of knoll – A collection of four, three-story walk-up rental buildings (accessed by exterior stairs) with stacked flats totaling 42 units with associated parking. The buildings are anticipated to be fully sprinklered. The driveway to the parking area will also provide access to the future City-owned parking lot and facilities serving the Healdsburg Ridge Open Space Preserve.
SW portion backing onto Palomino Court – Ten for-sale units in fully sprinklered duplex-type two-story, 3-bedroom townhouse buildings. One of the townhomes has a ground floor bedroom and bathroom for an added accessibility option.
West portion across from knoll – An elevator-served rental building with stacked flats and associated parking. Circulation throughout the building is primarily interior, with rated exit enclosures. The corridor building totals 48 units and will be fully sprinklered. The building has two three-story wings connected by an exterior breezeway providing views to the hill behind. If the southern wing were reduced to two stories, the building would total 40 units.
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Packet Pg. 574 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
NW portion north of Foss Creek – A collection of two, three-story walk-up buildings (accessed by exterior stairs) with stacked flats totaling 18 units with associated parking. The buildings are anticipated to be fully sprinklered. The buildings in this area have been designed with flexibility to be either for-sale or rental units depending on the demand for and financial feasibility of a moderate-income for-sale condominium product.
Requested Concessions/Incentives Per State Density Bonus Law Attachment 8 presents the Applicant's Density Bonus application. As explained, the 118-unit project does not require a density bonus, however the Applicant is seeking a concession/incentive under State Density Bonus Law ("SDBL"). The project is 100% affordable, with proposed affordability levels as follows:
Very Low-Income households: 10 units
Lower-Income households: 80-98 units depending on whether 18 units in the northwest ("NW") corner of the site are rental or ownership units Moderate-Income households: 10-28 units depending on whether 18 units in NW corner of the site are rental or ownership units
The requested concession/incentive is a reduction in the required number of parking spaces. The required parking per the City's Land Use Code and per SDBL regulations is shown below for two different scenarios (one for ownership housing in the NW corner of the site and one for rental housing in that location). The table also shows the Applicant's proposed parking numbers.
Scenario 1: 90 rental
units; 28 ownership units
Scenario 2: 108 rental
units; 10 ownership units
LUC Sec. 20.160.150(A)3 requires 2 spaces per ownership unit; 1.5 space per rental unit; 1 guest space per every 3 units 230 spaces 221 spaces
State Density Bonus Law requires 1 space for each studio and 1 BR unit and 1.5 spaces for each 2 BR and 3 BR unit. 152 spaces same
Applicant's parking proposal includes both off-street and on-street parking. Off-street parking is provided as follows:
1 space for each studio and 1 BR unit; 2 spaces for each 2 and 3 BR unit.
173 off-street spaces
36 on-street spaces
Total: 209 spaces
same
The Applicant submitted an explanation of the requested regulatory concession/incentive (Attachment 9). The narrative explains that the off-street parking will be managed through a "sticker system" that will be strictly enforced. It also notes that 10% of the rental units are set-aside for people with intellectual and developmental disabilities who typically do not own cars. The narrative explains why the costs associated with providing additional parking to meet Land Use Code requirements are prohibitive.
Design Modifications in Response to Feedback at Planning Commission Workshop Following the March 8, 2022, Planning Commission workshop, the Applicant revised the Project plans to address concerns and suggestions voiced by Commissioners and members of the community. A narrative addressing comments received at the workshop and explaining changes that were and were not made is provided in Attachment 10 and summarized below:
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Packet Pg. 575 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
1. Additional Residential Units. At the workshop, some commenters noted that the original Saggio Hills entitlements allowed for "up to 150 units" of housing on the Project site and the City's certified Housing Element (2015-2023) identifies the development potential of the site as 86-150 units. The Project had proposed 110 units to strike a balance between housing and environmental objectives. Subsequent to the workshop, the Applicant revised the plans to include an additional 8 units in the corridor building at Area 5. This was accomplished by adding a third story to the south wing of the building. The trade-off is that the two-story design of the original building was intended to reduce the aesthetic impact of the Project on views from the adjoining residences on Palomino Court, the only residences adjacent to the Project. The suggestion received at the workshop to add units in Area 6 was determined to be infeasible due to mandatory setbacks from the Pump Station building on the adjoining parcel and topographic, access and parking constraints.
2. Transit Service & Additional Parking. The Applicant has followed up on comments from the workshop with discussions with Sonoma County Transit about extending the Healdsburg Shuttle route to serve the Project. If approved by Sonoma County Transit, a bus stop would be constructed on Parkland Farms Blvd in front of the corridor building. The Applicant also intends to work with Sonoma County Transit on a State funding application that could potentially fund a second shuttle bus to improve headways along the route. Additionally, the Applicant proposes to stripe the east side of Parkland Farms Boulevard to provide 36 spaces of on-street parking.
3. In-Unit Laundry Facilities. Following the workshop, the Applicant added in-unit laundry facilities in the 3-bedroom units in the walk-up buildings since the units are intended for larger families. The corridor building has laundry facilities on each floor (rather than one common facility on the ground floor as originally intended). The Applicant is exploring the potential for a "laundry to landscape" water reuse system which is only feasible with the centralized laundry facilities.
4. Roof Forms. At the workshop, some Commissioners expressed a preference for gabled roofs, rather than the proposed shed roofs. As explained in Attachment 10, the State requirement that 100% of the projected residential electrical usage be offset by photovoltaics creates a constraint on the roof style. Additionally, shed roofs are part of the fire resiliency strategy as their forms leave fewer places for embers to collect. The Applicant has modified the roof form on the community building to a gabled "barn-like" form.
5. Building Articulation. Modifications were made to the ends of the walk-up buildings that are visible from the Healdsburg Ridge Open Space Preserve and to the entries to the townhomes.
6. Building Colors. The color palette has been modified to utilize lighter colors throughout, while retaining a different color scheme for each area. The townhomes include a more varied mix of color schemes and materials.
7. Gardening & Recreational Opportunities. More opportunities have been added for resident gardening closer to buildings (rather than locating community gardens solely in Area 1). A teen room has been added within the community building.
8. Homeownership/For-Sale Units. Attachment 10 explains the challenges associated with financing moderate-income homeownership units. Despite the challenges, the Applicant states a willingness to develop the 18 multi-family units in Area 6 as for-sale condominium units if there is demand for this type of ownership and public funding is available.
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Packet Pg. 576 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
ANALYSIS OF SPECIFIC TOPICS OF COMMUNITY CONCERN
Fire Safety
The Project site is located within the Wildland Urban Interface and is located within a designated "Moderate Fire Hazard Severity Zone." The Project will be required to meet all Building Code and Fire Code requirements to address fire hazards and comply with the Vegetation Management Plan (Firewise 2000, Oct 2021) for the Project (see Attachment 3, Saggio Hills EIR Addendum, Appendix E). The Vegetation Management Plan ("VMP") establishes five Fuel Modification Zones and prescribes required landscaping and maintenance treatments. The VMP identifies the Foss Creek tributary that traverses the site as the area of most concern due to the amount of brush and ladder fuels under the trees. The prescribed treatment involves limbing up the trees and removing dead, down, and dying vegetation to reduce fire risk. In other locations, the VMP prescribes thinning of shrubs and mowing tall grasses to reduce fire risk. The Applicant will be required to implement the VMP on an ongoing basis.
The recommended conditions of approval include a condition requiring submittal of an Emergency Preparedness and Evacuation Plan for review and approval by the Fire Department and Police Department prior to issuance of the first Certificate of Occupancy.
Water Availability
The Project is designed with water-efficient fixtures and faucets, as well as native and drought-resistant planting materials to minimize irrigation demands. The Applicant is also investigating possible "laundry to landscaping" greywater reuse. The EIR Addendum addresses the potential impact of the Project on the City of Healdsburg's water supplies and concludes that the Project would have lesser water demand and lesser impact than the 150-unit affordable housing project assessed in the Saggio Hills Project EIR.
The City of Healdsburg’s 2020 Urban Water Management Plan Update (UWMP) addresses vulnerabilities to the City's water supply due to climate change, including droughts, floods, and wildfires.
In recent years, the City has seen curtailments of its water diversions in response to extended drought conditions. The City is planning for future curtailments by improving and adding water supply infrastructure, gaining new water rights, and educating the public about the need for water conservation to ease the negative impacts associated with future droughts. Local measures to address water supply limitations include requiring the use of drought-resistant landscaping and enforcing mandatory conservation requirements as dictated by the severity of water supply shortages.
The UWMP estimates planned population growth in Healdsburg with consideration to the City's goals for development of affordable housing. Further, the UWMP assesses water demands and availability for lower income residential households consistent with the City's Regional Housing Needs Allocation. The UWMP provides water supply and demand projections for periods of prolonged drought (5-years) and concludes that the level of conservation needed to address annual deficits ranges from less than 5 percent to roughly 12 percent. The UWMP establishes City protocols for assessing and determining water supply reliability on an annual basis to help forecast and calibrate shortage response actions. The Project would be subject to demand reduction measures identified in the City's Water Shortage Contingency Plan that may be implemented by the City in response to water shortages and emergencies.
The City is currently working to construct both aquifer storage and recovery wells and a municipal recycled water pipeline. These water supply projects would help to increase potable water supplies and would help ease the level of conservation required during periods of drought. However, future droughts would still require some level of water conservation. To build drought resiliency, the Project relies on
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Packet Pg. 577 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
meeting or exceeding the City's water efficient landscaping requirements and Building Code requirements for indoor water fixtures.
Traffic and Vehicle Speeds
The Addendum to the Saggio Hills EIR (Attachment 3) includes a detailed evaluation of traffic impacts, including an explanation of recent State-mandated changes in the methodology used to analyze traffic impacts. The emphasis is now on total "Vehicle Miles Traveled" ("VMT") rather than intersection "Levels of Service" ("LOS") as was previously analyzed. A Transportation Memorandum prepared for the Project by Fehr & Peers found that the proposed 118-unit Project would generate significantly less traffic than the previously analyzed 150-unit project and concluded that the Project would have less than significant impacts on public transit, pedestrian and bicycle systems, and emergency access. The Transportation Memorandum is included as Appendix D in the Addendum to the Saggio Hills EIR (Attachment 3).
The Transportation Memorandum also addresses vehicular system hazard impacts. It identifies a 25 miles-per-hour speed limit on Parkland Farms Boulevard and concludes that the geometrics of the roadway and proposed intersections of driveways and parking lots would not result in hazardous conditions. The Memorandum provides a number of recommendations to enhance multimodal site access and internal circulation which are included as a suggested condition of project approval. The recommendations include the following:
(a) Review the final site plan to ensure that adequate sight distance is maintained at the Project driveways and internal intersections. No objects (landscaping, trees, monument signs, etc.) should be allowed within the sight distance triangles at the project driveways and internal intersections. (b) Review the final site plan and conduct a turning movement analysis for City of Healdsburg emergency vehicles to ensure adequate emergency vehicle circulation and access throughout the Project site.
(c) The multi-use trail segment between the Community Park and Parkland Farms Boulevard should have a 10-foot minimum width.
(d) Install a high-visibility crosswalk with a Rectangular Rapid Flashing Beacon (RRFB) at the proposed midblock multi-use trail crossing on Parkland Farms Boulevard. If, in the future, speeding vehicles are an issue, the City may consider installing a raised crosswalk to reduce vehicle speeds along Parkland Farms Boulevard.
(e) Consider an additional crossing across Parkland Farms Boulevard to connect to park and trail area on the east side of the site. The same crossing treatment as the northern proposed path crossing should be considered.
(f) Add stop bar and stop sign to Area 3 driveway for exiting vehicles to yield to pedestrians and through traffic on Parkland Farms Boulevard.
(g) Add “Driveways Ahead” signage on both directions of Parkland Farms Boulevard ahead of the Area 4 townhouse driveways to alert drivers of possible exiting vehicles. (h) Clarify shared-use path interaction with the existing roadway on Parkland Farms Boulevard south of the Project.
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Visual Impacts from Healdsburg Ridge Open Space Preserve The Project will be highly visible from various locations within the Healdsburg Ridge Open Space Preserve, including the Fox Pond area. Potential impacts are evaluated at a program level in the Saggio Hills Project EIR based on a conceptual layout plan only. The affordable housing component of the project was conservatively assumed to result in significant impacts related to substantially degrading the existing visual character or quality of the project area. The EIR analysis noted that the affordable housing component would likely appear as a continuation of the Parkland Farms development and other neighboring uses. EIR Mitigation Measure 3.1-1 requires the incorporation of design choices that minimize impacts on scenic resources viewed from the Fox Pond Area of the Healdsburg Ridge Preserve.
It concluded that, while this would reduce impacts to the maximum extent feasible; impacts would remain significant and unavoidable.
Because the affordable housing component of the was analyzed at a program level analysis in the Saggio Hills Project EIR and specific site development plans were not available at the time the EIR was certified, photo-simulations of the Project were prepared for the EIR Addendum to assess the Project’s potential to substantially degrade existing visual character or that quality of public views of the site and its surroundings from the Healdsburg Ridge Open Space Preserve. These photosimulations - one addressing the view from Arabian Way in the Parkland Farms neighborhood and the other addressing the view from Nancy's Hill Overlook Trail in the Healdsburg Ridge Open Space Preserve - are included in the Aesthetics section of the Saggio Hills EIR Addendum (Attachment 3).
The view from Arabian Way is not substantially altered by the Project as existing foreground vegetation almost entirely screens the development and the new structures would not project above the distant ridgeline in the background.
The view from Nancy's Hill Overlook Trail would be significantly altered with much of the residential development in Area 3 visible in the foreground and the upper portions of the corridor building in Area 5 visible in the background. The color palette of the buildings in Area 3 is well coordinated with the natural landscape. Three additional renderings are provided on Sheet A9.01 of the Plan Set (Attachment 7). These renderings help to illustrate the massing of the buildings, the texture of the facades, and how they fit into the natural setting.
When the Project site was designated for affordable housing as part of the Saggio Hills entitlements, the City accepted that views from some locations in the Healdsburg Ridge Open Space Preserve would become more urbanized. The Project has been sited and designed with consideration to visual impacts and great effort has been made to preserve the natural terrain and open space on the site. Additional conditions are not recommended.
Visual Impacts from Residences on Palomino Court
The Project as originally proposed included a total of 110 residential units. At the March 8, 2022, Planning Commission workshop, the Applicant received feedback from community members and Planning Commissioners that additional units should be added to the Project, if feasible. In response to that feedback, the Applicant added eight units to the south wing of the corridor building in Area 5 to establish a total of 118 residential units. This was accomplished by adding a third story to that wing of the building. The original two-story design was proposed after consulting with the neighbors on Palomino Court in the Parkland Farms subdivision whose homes overlook the corridor building. The massing and scale of the three-story design is illustrated on Attachment 7, Sheet A3.04 (see 11 Corridor Building South Elevation 02). Sheet A3.04A presents the original two-story design as an alternate for the Planning Commission's consideration.
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Packet Pg. 579 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
Light and Glare
The Project will introduce light into an area that is currently undeveloped. New sources of light and glare include lighting associated with parking and pedestrian facilities, streetlighting, exterior building lights, and building windows. Glare may be produced by building windows and photovoltaic panels.
Mitigation Measure 3.1-4a of the Saggio Hills Project EIR requires preparation and implementation of a lighting plan. The Applicant has submitted a site lighting plan that indicates the locations of fixtures and provides specifications for those fixtures. Sheet E1.02 of Attachment 7 presents the Site Lighting Plan.
Sheet E0.01 provides the luminaire schedule that identifies proposed fixtures. All luminaires are LED, and exterior lighting will be required to be downcast and shielded. Sheet E1.01 presents a Photometric Map of the lighting plan. As shown, lighting is largely confined to the developed areas. A condition is recommended that addresses potential glare from the photovoltaics by requiring that roof-top solar panels be non-reflective to the extent possible.
Construction-Related Impacts
Neighbors in the Parkland Farms subdivision have voiced concerns about construction-related noise, dust and traffic associated with the Project. Several conditions are recommended pertaining to construction activities to ensure that contractors adhere to best practices to ensure that impacts are minimized. The conditions require all construction-related vehicles, equipment staging and storage to be located onsite and prohibit construction access to the site through the Parkland Farms neighborhood.
CONSISTENCY WITH LAND USE POLICIES & REGULATIONS
Through the Design Review process, the Planning Commission is tasked with ensuring that new development is attractive and enhances the appearance of the community, that the best possible traffic circulation is obtained, that the design and layout of new development is in scale and character with surrounding uses, and that new development complies with the Healdsburg 2030 General Plan, the Saggio Hills Area Plan, and the Land Use Code.
General Plan Consistency
Attachment 11 presents a detailed analysis of the Project's consistency with applicable policies of the Healdsburg 2030 General Plan. As shown, the Project is consistent with land use policies establishing protections for hillsides and ridgelines. It implements Housing Element policies calling for affordable housing and housing which meets special housing needs, including those of residents with developmental disabilities. The Project complies with policies addressing energy-efficiency performance, multi-modal transportation needs, and requirements for street trees and landscaping. It also complies with policies for development within the wildland urban interface.
Saggio Hills Area Plan Consistency
Attachment 12 presents a detailed analysis of the Project's consistency with applicable policies of the Saggio Hills Area Plan. The proposed bicycle and pedestrian trail facilities implement policies in both the Open Space and Recreation chapter as well as the Circulation chapter. The Project's Vegetation Management Plan addresses policies in the Public Facilities & Services chapter that pertain to fire safety.
The Area Plan includes a number of applicable design-related policies, all of which are addressed by the environmentally-sensitive siting of development, the preservation of open space, the design features of the proposed residential buildings, and the landscaping plans.
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Land Use Code Consistency
Attachment 13 presents a detailed analysis of the Project's consistency with applicable regulations in the Land Use Code (Healdsburg Municipal Code, Chapter 20). As affordable housing, the Project is consistent with the Special Purposes of the R-1-3,500 zoning district. The Project is consistent with Land Use Code requirements for bicycle parking and transit access, recycling and refuse facilities, building height, site coverage, and parking lot design, lighting and landscaping.
Several of the proposed single-family lots do not meet the minimum lot area and/or minimum lot width standards established in LUC Section 20.08.030. However, per the Housing Accountability Act, "a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan" (GC Sec 65589.5(j)(4)). In this case, the Project is consistent with the General Plan and with the Special Purposes of the zoning district in which it is located. Furthermore, as a 100% affordable housing project, the Project is eligible for unlimited waivers of development standards such as the minimum lot area and lot width requirements under SDBL.
As discussed elsewhere in this report, the Project does not meet Land Use Code requirements for offstreet parking (221-230 spaces depending on whether the 18 units in Area 6 are ownership or rental housing). The Applicant has requested a concession/incentive for the parking per SDBL. The Project would include 173 off-street parking spaces plus 36 on-street spaces, which exceeds the maximum amount of parking that may be required per SDBL (152 spaces).
The Project would not meet the Land Use Code requirement that one parking space per unit be located in a garage or carport. As addressed below under "Recommendation Regarding Affordable Housing Incentives," staff supports the waiver of this requirement as compliance would result in a further reduction in the amount of parking provided.
Saggio Hills Development Agreement Consistency
Attachment 14 presents an analysis of the Project's consistency with applicable provisions of the Saggio Hills Development Agreement. As noted, the Project is architecturally compatible with the remainder of the Saggio Hills project. The proposed locations of the Public Trails are generally consistent with the approximate locations for pedestrian and bicycle trails on the Project site as identified in the Development Agreement.
FINDINGS & RECOMMENDATION REGARDING TENTATIVE SUBDIVISION MAP The Planning Commission's review of a Tentative Map application is advisory to the City Council. Per HMC Section 17.04.100(B), the following six findings must be made prior to approval of a Tentative Map. The italicized text provides evidence of the consistency of the proposed Tentative Map with each finding.
1. The proposed map and its design and improvements are consistent with the general plan and any applicable specific plan.
The proposed Tentative Map (TM 2022-02) establishes parcels that are consistent with General Plan policies relating to the preservation on hillsides and natural landforms. The Tentative Map is designed to respect the natural terrain of the site and to protect environmentally sensitive areas including the Foss Creek tributary riparian corridor that traverses the site and to incorporate common open space into the site design. This is consistent with Saggio Hills Area Plan policies.
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The parcels will accommodate a variety of housing types, providing affordable housing opportunities for a wide segment of the community, consistent with General Plan Housing Element policies. Attachment 11 and Attachment 12 provide a detailed analysis of the Project's consistency with the Healdsburg 2030 General Plan and the Saggio Hills Area Plan, respectively.
2. The site is physically suitable for the type and proposed density of development.
The Project site is accessed by an extension of Parkland Farms Boulevard that connects to Passalacqua Drive. It is designated for Medium High Density residential development by the General Plan and for affordable housing in the Housing Element and the Saggio Hills project entitlements. The site has been mass graded to establish pads for the proposed development.
3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The Tentative Map establishes common area/open space parcels to protect the environmentally sensitive habitat along the tributary to Foss Creek that traverses the site and to protect the central knoll which is a prominent topographic feature. The proposed open space areas will provide wildlife habitat and corridors.
4. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
The Saggio Hills EIR and the EIR Addendum prepared for the Project (Attachment 3) evaluate potential impacts to public health including air quality impacts, noise impacts, hazards and hazardous materials, and wildfire. These analyses concluded that the Project will not result in public health hazards.
5. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
Currently, there are no easements for public access through or use of the property other than along the public right-of-way for Parkland Farms Boulevard. The Saggio Hills Area Plan and its associated entitlements identifies trail corridors for future public access that traverse the property. The trails and associated easements and maintenance agreements are addressed in the conditions of approval. The design of the Tentative Map and associated site improvements will not conflict with the future trail corridors.
6. Unless otherwise provided by the Subdivision Map Act, the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
The design of the subdivision provides for solar access on all parcels and allows for passive or natural heating and cooling opportunities.
Staff Recommendation: Attachment 1 presents a draft Planning Commission resolution that provides a recommendation to the City Council for approval of the Tentative Subdivision Map (TM 2022-02). The resolution includes the findings cited above, plus suggested Conditions of Approval that must be satisfied prior to approval and recordation of the Final Map. The conditions address necessary easements and rights-of-way, and the need for subdivision improvement plans and a Disposition and Development Agreement for the Project.
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Packet Pg. 582 Attachment: 9. PC Staff Report 11/08/22 (4000 : Saggio Hills Affordable Housing TM, DA, DDA) Planning Commission Hearing - Saggio Affordable Housing Project (November 8, 2022)
RECOMMENDATION REGARDING AFFORDABLE HOUSING INCENTIVE AND
WAIVERS OF DEVELOPMENT STANDARDS
As explained above and in Attachment 8 and Attachment 9, the Applicant is seeking a reduction in parking standards as an incentive under SDBL.
Reduction in the number of off-street parking spaces. Per the Land Use Code, the Project is required to provide 230 off-street spaces if the 18 units in Area 6 are ownership units and 221 spaces if those 18 units are rental units. As proposed, the Project would include 173 off-street parking spaces and 36 on-street spaces.
Due to the level of affordability provided, the Project is entitled to unlimited waivers from the City’s development standards. The City is not required to waive or reduce development standards that would cause a public health or safety problem, cause an environmental problem, harm historical property, or would be contrary to the law. As designed, the Project requires the following waivers of development standards:
Reduction in required parking in garages or carports. Per the Land Use Code, the Project is required to locate one parking space per dwelling unit in a garage or carport. The Project provides garages for the townhome units and some carport spaces in Areas 3 and 5, but not a sufficient number to meet this standard.
Reduction in minimum lot size and minimum lot width. Per the Land Use Code, the minimum lot size in the R-1-3,500 zoning district is 4,000 SF and the minimum lot width is 40'. Several of the parcels established for the duplex townhomes do not meet these development standards.
Staff Recommendation: As explained in Attachment 9, the requested reduction in required off-street parking is necessary in order to contain the costs of the affordable housing project. Furthermore, the amount of proposed parking exceeds that which may be required for affordable housing projects under SDBL. For these reasons, staff recommends that the incentive be granted. Given the interest in maximizing on-site parking, staff supports a waiver of the requirement for covered parking. Establishing covered parking would increase costs and result in a reduction in parking spaces due to the spacing of support structures. These parking concessions would not have an adverse impact on public health and safety or the physical environment. Staff also recommends waiving the minimum lot width and minimum lot size standards for the single-family lots as required per SDBL.
FINDINGS & RECOMMENDATION REGARDING DESIGN REVIEW
In order to approve the Design Review application, the Planning Commission must make four findings as cited below. Following each finding is italicized text providing evidence to support the finding.
1. The proposed development or use is consistent with all applicable policies and requirements of the General Plan and Land Use Code.
As detailed in the staff report and Attachment 11 and Attachment 13 for Major Design Review Permit DR 2022-05, the Project is consistent with the policies of the Healdsburg 2030 General Plan and the Land Use Code. The Saggio Affordable Housing Project is consistent with the Medium High Density Residential (MHR) land use classification in the General Plan and the Special Purposes of the R-1-3,500 zoning district. The Project implements Housing Element policies calling for affordable housing and housing which meets special housing needs, including those for residents with developmental disabilities. It complies with policies addressing energyefficiency performance, multi-modal transportation needs, and development within the wildland
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urban interface. The Project is consistent with Land Use Code requirements for design and lighting of parking areas, bicycle parking, transit access, refuse and recycling storage, setbacks, building height, and site coverage. While several of the proposed single-family lots do not meet the minimum lot area and/or minimum lot width standards established in the Land Use Code, per the Housing Accountability Act, "a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan" (GC Sec 65589.5(j)(4)). In this case, the Project is consistent with the General Plan and with the Special Purposes of the zoning district in which it is located. Furthermore, the Project provides 100% affordable housing and thus is eligible for unlimited waivers or reductions in development standards. While the Project does not meet Land Use Code requirements for off-street parking, the Applicant has requested a concession/incentive for parking in accordance with State Density Bonus Law. Neither the parking incentive nor waiver of the minimum lot size and width requirements would adversely affect public health and safety and, therefore, both are required as concessions/incentives under State Density Bonus Law.
2. The proposed design of the development or use, and all appurtenant structures, is consistent with the policies set forth in the Citywide Design Guidelines and the Saggio Hills Area Plan, as may be amended from time to time.
Although the Citywide Design Guidelines are applicable to all projects subject to Major and Minor design review, they are only mandatory within “Character Area 1.” In areas subject to a specific Area Plan, such as the Saggio Hills Area Plan, the Area Plan provides design guidelines and standards, and the Citywide Design Guidelines are only used to provide additional information about topics not addressed within the Area Plan. The Saggio Hills Affordable Housing Project site is located within the planning area for the Saggio Hills Area Plan which establishes comprehensive design standards for the Project. Therefore, the project design was evaluated for consistency with the design guidelines established in the Saggio Hills Area Plan.
As detailed in the staff report and Attachment 12 for Major Design Review Permit DR 2022-05, the Project is consistent with the design guidelines established in the Saggio Hills Area Plan. The Project's proposed bicycle and pedestrian facilities implement Open Space and Recreation and Circulation policies of the Saggio Hills Area Plan. The Project's Vegetation Management Plan addresses fire safety policies in the Public Facilities & Services chapter of the Area Plan. The Project's environmentally-sensitive siting of development, preservation of open space, design features, and the landscaping plans address the design-related policies of the Area Plan.
3. The proposed development or use is consistent with the purposes of the zoning district in which it is located.
As affordable housing, the Project is consistent with the Special Purposes of the R-1-3,500 zoning district. The district allows for innovative housing types and placement to provide flexibility and optimization of open space. The zoning district is intended to assist in promoting affordable housing by allowing residential development on smaller lots.
4. The proposed development or use is consistent with all other conditions imposed by the Planning Commission or City Council with respect to any matter related to the purpose of design review.
The Saggio Hills Development Agreement requires that the affordable housing project be architecturally compatible with the remainder of the Saggio Hills project. The architectural
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design of the Project utilizes materials, colors and design features that are compatible with the design of the Montage Resort and Resort Residences within the Saggio Hills project. The proposed locations of the Public Trails, as identified on the Project plan set, are generally consistent with the approximate locations for pedestrian and bicycle trails on the Project site as identified in the Saggio Hills Development Agreement.
Staff Recommendation: Attachment 2 presents a draft Planning Commission resolution for approval of Major Design Review (DR 2022-05) for the Project. The resolution includes the findings cited above, plus suggested Conditions of Approval.
ALTERNATIVES
After public comment and deliberation, the Planning Commission may consider alternatives to address concerns provided from the public. Alternatives include: (a) approving the Project as conditioned or as modified by the Planning Commission, (b) continuing action on the Tentative Map and Major Design Review applications to a later date with direction to the Applicant and staff to address specific topics of concern, or (c) directing staff to prepare findings for denial of the Project as proposed.
ENVIRONMENTAL ANALYSIS
The Saggio Affordable Housing Project is addressed in the Final Environmental Impact Report for the Saggio Hills Planned Development Project (State Clearinghouse No. 2003062025) which was certified by the Healdsburg City Council through the adoption of Resolution No. 15-2011. Certain components of development on the site (extension of Parkland Farms Boulevard and related utilities; rough grading of Project site; filling of wetlands and establishment of mitigation wetlands; creek restoration) were addressed at a project-level in the Saggio Hills Project EIR. The Saggio Hills Project EIR addressed the development of up to 150 units of affordable housing on the site at a programmatic level.
An Initial Study/Environmental Checklist was prepared for the Saggio Hills Affordable Housing Project and, based on the analysis contained therein, the Community Development Director determined that an Addendum to the Saggio Hills Project EIR is the appropriate environmental document for the Project.
Based upon substantial evidence demonstrated by the analysis included in the Addendum (Attachment 3), none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred, specifically:
1. There have not been any substantial changes in the Project that require major revisions of the Saggio Hills Project EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. There have not been any substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the Saggio Hills Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Saggio Hills Project EIR was certified, that shows any of the following:
(a) the Project will have one or more significant effects not discussed in the Saggio Hills Project EIR;
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(b) significant effects previously examined will be substantially more severe than shown in the Saggio Hills Project 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 of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Saggio Hills Project EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.
Staff Recommendation: Based on the above findings, staff recommends that the Planning Commission determine that the previously-certified Saggio Hills Project EIR, together with the Addendum, are adequate to serve as the required environmental documentation for the Saggio Hills Affordable Housing Project.
FISCAL IMPACT
All City costs for processing the Saggio Affordable Housing Project entitlements are funded by the Applicant in accordance with a Cost Recovery Agreement between the Applicant and the City of Healdsburg.
The Exclusive Negotiating Agreement between the City and the Applicant anticipates that, after the Applicant has secured entitlements for the Project, the parties will enter into a Disposition and Development Agreement that will address the transfer of title to the Project site to the Applicant and other transactional requirements.
ATTACHMENTS
1. Planning Commission Resolution - Tentative Map TM 2022-02 A. Conditions of Approval
B. Saggio Hills Mitigation Monitoring & Reporting Program
2. Planning Commission Resolution - Design Review DR 2022-05 A. Conditions of Approval
B. Saggio Hills Mitigation Monitoring & Reporting Program
3. EIR Addendum & Appendices
A. Tree Inventory Report
B. Preliminary Geotechnical Report
C. Initial Stormwater LID Plan
D. Transportation Memorandum
E. Vegetation Management Plan, Life Safety Report and Fire Flow Report
4. Project Site Location Map
5. Project Narrative
6. Tentative Map (07-22-22)
7. Plan Set (07-22-22)
8. Density Bonus Application
9. Concessions & Incentives
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10. Planning Commission Workshop Follow-Up Memo
11. General Plan Consistency Analysis
12. Saggio Hills Area Plan Consistency Analysis
13. Land Use Code Consistency Analysis
14. Saggio Hills DA Consistency Analysis
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REQUEST FOR PLANNING COMMISSION ACTION
PROJECT TITLE: Saggio Hills Affordable Housing Project
SUBJECT: Development Agreement (DA 2023-01)
PROPERTY ADDRESS: 450 Parkland Farms Boulevard, Healdsburg, CA ASSESSOR PARCEL NO.: APNs 091-310-005 and 091-310-006
DEVELOPER: Freebird Development Company, LLC
OWNER: City of Healdsburg
RECOMMENDED ACTIONS
By motion, it is recommended that the Planning Commission:
1. Adopt Resolution No. 2023-xx (Attachment 1) recommending that the Healdsburg City Council approve the proposed Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC (DA 2023-01).
BACKGROUND
In 2011, the Healdsburg City Council approved a Final Environmental Impact Report ("Saggio Hills Project EIR") and master entitlements for the Saggio Hills Project. The master entitlements included the Saggio Hills Area Plan, annexation and zoning of the 258.5-acre Saggio Hills Project site, a Tentative Subdivision Map and a Development Agreement for the Saggio Hills Project. In 2022, an Addendum to the Final EIR was prepared to identify and analyze the potential environmental impacts of the Saggio Hills Affordable Housing Project. The Saggio Hills Project EIR and Addendum are available for review at the City of Healdsburg Community Development Center (401 Grove Street, Healdsburg, CA) and on the City's website. As entitled, the Saggio Hills Project includes the following components:
• A luxury resort with 130 keyed rooms, restaurant, pool and spa, and other features • Up to 70 residences
• Construction of private streets, associated utilities and trails • Construction of two public streets and associated utilities (Passalacqua Drive and an extension of Parkland Farms Boulevard)
Agenda Item #: 4.A.
Meeting Date: February 28, 2023
Prepared By: Linda Ruffing, Planning Consultant
Reviewed By: ________________________
Scott Duiven
Community Development Director
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• Mass grading and conveyance of 36.15 acres (Parcel 8) to City for a public park and developer contribution of $3M
• Payment of an "in lieu contribution" for a multi-use trail extending from Healdsburg Avenue to the Healdsburg Ridge Open Space Preserve (through the Community Park and Affordable Housing sites)
• Construction of a public hiking trail north of Passalacqua Drive (the "Northwest Trail") • Conveyance to City of 0.85 acres of land (Parcel 10) for a Fire Substation and developer contribution of $1.75M
• Construction of water pump station on approximately 0.51 acres of land (Parcel 9) and conveyance to City
• Mass grading of approximately 12.36 acres of land (Parcels 5 and 6) and conveyance to City for future affordable housing development.
The Saggio Hills Project developer, Sonoma Luxury Resorts LLC ("SLR"), has completed development of the resort, public and private streets and utilities, water pump station, the Northwest Trail, and the mass grading of Parcels 5, 6, 8 and 10. SLR and the City of Healdsburg ("City") have recently completed conveyance of the Fire Substation and Affordable Housing parcels to the City and are in the process of completing documentation necessary for conveyance of the Community Park parcels to the City. Pursuant to the Saggio Hills Development Agreement, the City is responsible for making arrangements for the development and construction of up to 150 units of affordable housing on the Saggio Hills Affordable Housing site (Parcels 5 and 6). Attachment 2 shows the location of the Saggio Hills Affordable Housing site ("Project site").
Following a competitive selection process, on February 16, 2021, the City Council approved an Exclusive Negotiating Rights Agreement ("ENA") with Freebird Development Company, LLC ("Developer") for development of affordable housing on the Project site. The ENA establishes procedures and standards for the negotiation of a Disposition and Development Agreement ("DDA") and establishes that, during the Negotiation Period, the Applicant is required to conduct community outreach, complete schematic design, and secure entitlements and any required environmental review.
The Developer hosted two community meetings in June and August of 2021 and submitted applications to the City seeking approval of a Tentative Subdivision Map, concessions under State Density Bonus Law, and Major Design Review for the Saggio Hills Affordable Housing Project ("Project"). On March 8, 2022, the Healdsburg Planning Commission conducted a workshop to provide an opportunity for the Applicant to present their plans for the Project. On November 8, 2022, the Planning Commission approved Major Design Review DR 2022-05 and recommended that the City Council approve Tentative Map TM 2022-02 for the Project.
City staff and Developer propose that a development agreement is appropriate to eliminate uncertainty and extend the term of project approvals in order to encourage planning for, investment in, and development of the Project. The Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC for the Saggio Hills Affordable Housing Project ("DA") (Attachment 1, Exhibit A) will be brought forward for Council action in conjunction with the DDA and TM 2022-02.
Per State and local law, prior to the City Council acting on a development agreement, the Planning Commission must provide a recommendation to the City Council addressing the consistency of the DA with the general plan and any applicable area plan or specific plan. The DA is brought forward to the Planning Commission for that purpose.
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PROJECT DESCRIPTION
Project Overview
The approximately 12.36-acre Project site is located south of the intersection of Passalacqua Drive and Parkland Farms Boulevard within the Montage development in northeast Healdsburg. The site has been rough-graded and is currently undeveloped. An extension of Parkland Farms Boulevard was recently constructed on an alignment that bisects the Project site and connects to Passalacqua Drive to the north.
Surrounding land uses include the Montage Resort and residential property to the north, the Healdsburg Ridge Open Space Preserve to the east and south, and the Parkland Farms single-family residential neighborhood to the west. Land adjacent to the site on the northwest is planned for development as a Community Park. The City of Healdsburg General Plan designates the Project site as Medium High Density Residential (MHR) and the site is zoned Single-Family Residential with a 3,500-square-foot minimum lot area (R-1-3,500).
The Project involves subdivision of the Property into a total of 17 parcels, comprised of two parcels for open space (“Parcel A” and “Parcel B”), one parcel for outdoor amenities (“Lot 1”), one parcel for a community building (“Lot 2”), one parcel for 42 residential housing units (“Lot 3”), ten parcels for a townhome residence on each parcel (“Townhome Lots”), one parcel for 48 residential housing units (“Lot 14”), and one parcel for 18 residential housing units (“Lot 15”), as said parcels and lots are shown on TM 2022-02 (Attachment 3).
Per DR 2022-05 as approved by the Planning Commission, the Project includes the following components:
• Parcel A shall remain as open space and improved with pedestrian trails to be constructed and maintained by Developer ("Parcel A Improvements"), and subject to a non-exclusive public easement in favor of the City for public access on, over and across Parcel A. • Parcel B shall remain as open space and improved with a multi-use trail to be constructed and maintained by City ("Parcel B Improvements"), and fee title to Parcel B shall be retained by City. • Lot 1 shall be improved with outdoor amenities such as community gardens, picnic areas and/or a small farm ("Lot 1 Improvements"), to be constructed by Developer, maintained by the Owners, and available for use by residents of Lot 3, Townhome Lots, Lot 14 and Lot 15. • Lot 2 shall be improved with a one-story community building of approximately 3,067 square feet, 4 surface parking spaces and associated hardscape and landscaping improvements ("Lot 2 Improvements"), to be constructed by Developer, maintained by the Owners, and available for use by residents of Lot 3, Townhome Lots, Lot 14 and Lot 15. • Lot 3 shall be improved with four, three-story residential buildings of a height not to exceed 35 feet, containing 42 residential units totaling approximately 45,299 square feet and comprised of one (1) studio unit, nineteen (19) one-bedroom units, eleven (11) two-bedroom units, and eleven (11) three-bedroom units, 64 surface parking spaces and associated hardscape and landscaping improvements ("Lot 3 Improvements"), which residential units shall be restricted for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years. Further, Lot 3 shall be subject to a non-exclusive public easement in favor of the City for ingress and egress from Parkland Farms Boulevard on, over and across Lot 3 to the planned parking lot serving the Healdsburg Ridge Open Space Reserve to be located adjacent to and east of Lot 3, in perpetuity.
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• The ten (10) Townhome Lots shall be improved with a two-story, three-bedroom townhome residence on each parcel of a height not to exceed 28 feet, and 1,766 square feet, and associated surface parking and hardscaping and landscaping improvements ("Townhome Lot Improvements"), which townhome residences shall be restricted for sale to and occupancy by persons and families of moderate income, at an affordable housing cost, for a minimum period of 45 years.
• Lot 14 shall be improved with one, three-story residential building of a height not to exceed 35 feet, containing 48 residential units totaling approximately 59,531 square feet and comprised of thirteen (13) studio units, eleven (11) one-bedroom units, twelve (12) two-bedroom units, and twelve (12) three-bedroom units, 60 surface parking spaces and associated hardscape and landscaping improvements ("Lot 14 Improvements"), which residential units shall be restricted for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years.
• Lot 15 shall be improved with two, three-story residential buildings of a height not to exceed 35 feet, containing 18 residential units totaling approximately 20,077 square feet and comprised of one (1) studio unit, six (6) one-bedroom units, six (6) two-bedroom units, and five (5) threebedroom units, 29 surface parking spaces and associated hardscape and landscaping improvements ("Lot 15 Improvements"), which residential units shall be restricted either (i) for rental to and occupancy by lower income households, inclusive of very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years, or (ii) for sale to and occupancy by persons and families of moderate income, at an affordable housing cost, for a minimum period of 45 years.
• Public improvements shall include (i) construction of sidewalks and streetlights along Passalacqua Drive and Parkland Farms Boulevard fronting the Property, (ii) striping of that portion of Passalacqua Drive and Parkland Farms Boulevard fronting the Property, (iii) installation and construction of a Rectangular Rapid Flashing Beacon at the crossing of Parkland Farms Boulevard located between Parcel B and Lot 2, and (iv) the Parcel A Improvements.
Project Phasing
The Project is intended to be constructed in no more than four phases by Developer. The first phase of the Project will consist of the construction and completion thereof of the Parcel A Improvements, Lot 2 Improvements, Lot 14 Improvements, and the Public Improvements (“Phase 1 Improvements”). The Parcel B Improvements will be designed and constructed by City, at its sole cost and expense, either before or concurrently with the construction of the Phase 1 Improvements by Developer. The second phase of the Project will consist of the construction and completion thereof of the Lot 1 Improvements and Lot 3 Improvements in accordance with the Existing Approvals (“Phase 2 Improvements”). The third phase of the Project will consist of the construction and completion thereof of the Lot 15 Improvements in accordance with the Existing Approvals (“Phase 3 Improvements”). The fourth phase of the Project will consist of the construction and completion thereof of the Townhome Lot Improvements in accordance with the Existing Approvals (“Phase 4 Improvements”). Phase 2 Improvements may be combined with the Phase 1 Improvements. Further, if Developer elects to develop and construct the Lot 15 Improvements pursuant to the Lot 15 Rental Option, then said Lot 15 Improvements may be constructed and completed as part of Phase 2 Improvements and/or the Phase 1 Improvements; however,
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if Developer elects to develop and construct the Lot 15 Improvements pursuant to the Lot 15 OwnerOccupied Option, then said Lot 15 Improvements shall be constructed and completed as the Phase 3 Improvements, which may be combined with the Phase 4 Improvements.
Development Agreement
The proposed Development Agreement for the Saggio Hills Affordable Housing Project ("DA"), as negotiated with the Developer, is presented in Attachment 1, Exhibit A. By entering into the DA, the City will grant the Developer vested rights to develop and construct the Project in accordance with the project approvals and will extend the project approvals for up to ten (10) years if the Phase 1 improvements have commenced on or before the date which is five (5) years after the date of approval of the DA. If the Phase 1 improvements have not commenced in five (5) years, the DA will be deemed terminated.
CONSISTENCY WITH LAND USE POLICIES & REGULATIONS
The Planning Commission is tasked with providing a recommendation to the City Council addressing the consistency of the proposed DA with the general plan and any applicable area plan or specific plan. In this instance, the applicable planning documents are the Healdsburg 2030 General Plan and the Saggio Hills Area Plan.
General Plan Consistency
Attachment 4 presents a detailed analysis of the Project's consistency with applicable policies of the Healdsburg 2030 General Plan. As shown, the Project is consistent with land use policies establishing protections for hillsides and ridgelines. It implements Housing Element policies calling for affordable housing and housing which meets special housing needs, including those of residents with developmental disabilities. The Project complies with policies addressing energy-efficiency performance, multi-modal transportation needs, and requirements for street trees and landscaping. It also complies with policies for development within the wildland urban interface.
Saggio Hills Area Plan Consistency
Attachment 5 presents a detailed analysis of the Project's consistency with applicable policies of the Saggio Hills Area Plan. The proposed bicycle and pedestrian trail facilities implement policies in both the Open Space and Recreation chapter as well as the Circulation chapter. The Project's Vegetation Management Plan addresses policies in the Public Facilities & Services chapter that pertain to fire safety.
The Area Plan includes a number of applicable design-related policies, all of which are addressed by the environmentally-sensitive siting of development, the preservation of open space, the design features of the proposed residential buildings, and the landscaping plans.
FINDINGS FOR APPROVAL OF DEVELOPMENT AGREEMENT
Chapter 17.20.030(C) of the Healdsburg Municipal Code requires the City Council to make the following findings when approving a proposed development agreement or an amendment thereto:
- The Development Agreement is consistent with the Healdsburg General Plan, any applicable specific plan and the zoning ordinance. This finding may be satisfied by a determination that the
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Development Agreement is consistent through provisions that are to be adopted concurrently with approval of the Development Agreement; and
- The Development Agreement will provide Healdsburg with tangible benefits beyond those that may be required by the City through project conditions of approval; and - Any environmental impacts related to the Development Agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act.
Staff recommends the following findings which are incorporated into Resolution No. 2023-xx presented for Planning Commission consideration (Attachment 1):
1. The Development Agreement is consistent with the Healdsburg 2030 General Plan and the Saggio Hills Area Plan. The Saggio Hills Affordable Housing Project is consistent with the Medium High Density Residential (MHR) land use classification in the General Plan and the Special Purposes of the R-1-3,500 zoning district. The Project implements Housing Element policies calling for affordable housing and housing which meets special housing needs, including those for residents with developmental disabilities. It complies with policies addressing energy-efficiency performance, multi-modal transportation needs, and development within the wildland urban interface. The Project is consistent with the design guidelines established in the Saggio Hills Area Plan. The Project's proposed bicycle and pedestrian facilities implement Open Space and Recreation and Circulation policies of the Saggio Hills Area Plan. The Project's Vegetation Management Plan addresses fire safety policies in the Public Facilities & Services chapter of the Saggio Hills Area Plan. The Project's environmentally-sensitive siting of development, preservation of open space, design features, and the landscaping plans address the design-related policies of the Saggio Hills Area Plan.
2. The Saggio Hills Affordable Housing Project and its Development Agreement will provide Healdsburg with tangible benefits including 118 units of affordable housing and associated amenities and site improvements.
3. The Saggio Hills Affordable Housing Project is addressed in the Final Environmental Impact Report for the Saggio Hills Planned Development Project (State Clearinghouse No. 2003062025) which was certified by the Healdsburg City Council through the adoption of Resolution No. 15- 2011. Certain components of development on the site (extension of Parkland Farms Boulevard and related utilities; rough grading of Project site; filling of wetlands and establishment of mitigation wetlands; creek restoration) were addressed at a project-level in the Saggio Hills Project EIR. The Saggio Hills Project EIR addressed the development of up to 150 units of affordable housing on the site at a programmatic level. An Initial Study/Environmental Checklist was prepared for the Saggio Hills Affordable Housing Project and, based on the analysis contained therein, the Community Development Director determined that an Addendum to the Saggio Hills Project EIR is the appropriate environmental document for the Project. Based upon substantial evidence demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred, specifically:
(a) There have not been any substantial changes in the Project that require major revisions of the Saggio Hills Project EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
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(b) There have not been any substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the Saggio Hills Project EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Saggio Hills Project EIR was certified, that shows any of the following:
i. the Project will have one or more significant effects not discussed in the Saggio Hills Project EIR;
ii. significant effects previously examined will be substantially more severe than shown in the Saggio Hills Project EIR;
iii. mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or
iv. mitigation measures or alternatives which are considerably different from those analyzed in the Saggio Hills Project EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.
ENVIRONMENTAL ANALYSIS
See Finding 3, above, for a recitation of the environmental documentation and findings for the Saggio Hills Affordable Housing Project and its associated development agreement.
FISCAL IMPACT
All City costs for processing the Saggio Hills Affordable Housing Project entitlements are funded by the Developer in accordance with a Cost Recovery Agreement between the Developer and the City of Healdsburg.
The Exclusive Negotiating Agreement between the City and the Developer anticipates that, after the Developer has secured entitlements for the Project, the parties will enter into a Disposition and Development Agreement that will address the transfer of title to the Project site to the Developer and other transactional requirements.
ATTACHMENTS
1. Planning Commission Resolution - DA 2023-01
Exhibit A: Saggio Hills Affordable Housing Project Development Agreement
2. Project Site Location Map
3. Tentative Map (TM 2022-02; July 22, 2022)
4. General Plan Consistency Analysis
5. Saggio Hills Area Plan Consistency Analysis
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MINUTES - DRAFT
Healdsburg Planning Commission
February 28, 2023 6:00 PM
401 Grove Street, Healdsburg
City Hall - City Council Chamber
1. ROLL CALL
Chair Luks called to order the meeting of the Planning Commission of the City of Healdsburg at 6:00 p.m.
Commissioners present: Barber, Breznikar, Luks, McKay, Wood Commissioners present via Zoom: Gerlach, Hunt
City Staff present: Community Development Director Scott Duiven, Planning Consultant Linda Ruffing, and Administrative Technician Amanda Gray
2. ADMINISTRATIVE ACTIONS
A. Approval of March 14, 2023 Agenda
On a motion by Commissioner Breznikar, seconded by Commissioner Barber, the Commission voted 7-0-0 to approve the February 28, 2023 agenda as amended to hear Agenda Item 5A – Election of Officer, prior to Agenda Item 4A.
B. Approval of Minutes
• February 28, 2023 Regular Meeting Minutes
On a motion by Commissioner Barber, seconded by Commissioner Wood, the Commission voted 7-0-0 to approve the February 14, 2023 regular meeting minutes.
C. Acceptance of Communications and Correspondence
Agenda Item No. 4B:
• Kathryn Goldman Schuyler
• Lynne Murphy
• Margaret Kaplan • David Lawrence
D. Declarations of Conflicts of Interest
Commission Hunt declared a conflict with Agenda Item 4A, Saggio Hills.
E. Disclosures of Ex Parte Communications
None.
3. PUBLIC COMMENTS
Adina Flores, spoke regarding Mayor Ariel Kelley, and shared her concerns with her seat on the Healdsburg City Council and her desire to have her removed from office.
Shelby Pryor, spoke regarding Mayor Ariel Kelley and shared his concerns with her seat on the Healdsburg City Council and her conflicts of interests.
5. NEW BUSINESS
A. Election of Officer
On a nomination by Commissioner McKay, seconded by Commissioner Barber, the Commission voted 7-0-0 to appoint Vesna Breznikar to the position of Vice Chair.
4. PUBLIC HEARINGS
Commissioner Hunt left the meeting prior to Agenda Item 4A.
A. Item
Description: Development Agreement (DA 2023-01)
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Project
Description: Development Agreement between City of Healdsburg and Freebird Development Company, LLC to vest the existing project approvals for a 118-unit affordable housing project for up to ten (10) years. Planning Commission will consider making a recommendation to City Council on Development Agreement.
Location: 450 Parkland Farms Boulevard (Parcels 5 and 6 of the Saggio Hills project) Applicant: Freebird Development Company, LLC
Environmental
Determination: An affordable housing project of up to 150 units on the project site was addressed at a programmatic level in the certified Final Environmental Impact Report ("FEIR") for the Saggio Hills Development Project (SCH #2003062025). An Addendum to the FEIR ("Addendum") was prepared for the Saggio Hills Affordable Housing Project. The FEIR and Addendum are available for review at the City of Healdsburg Community Development Center, 401 Grove Street, Healdsburg, CA.
Planning Consultant, Linda Ruffing, introduced the item and summarized the staff report. Ms.
Ruffing provided a project overview and discussed the site plan, Tentative Subdivision Map, Development Agreement, environmental review, and the recommended action.
Commission and staff discussion ensued regarding questions on the number, shape, color schemes and height of buildings, parking, timeline for decision on whether there will be lower income rental units versus moderate income home ownership units, Development Agreement and the Disposition and Development Agreement, transfer of land, and open space/trail network maintenance and responsibility.
Chair Luks opened the hearing for public input. There being no speakers, Chair Luks closed the public input portion of the meeting.
Chair Luks discussed the Development Agreement and a provision that is included that grants the developer the exclusive right to change the phasing on the project development. He said that he feels the City should have a say in any changes and is the appropriate entity to decide which of the phases go forward. He requested that Section 4.8 of the Development Agreement (Timing of Development) be eliminated.
Vice Chair Breznikar spoke in support of the project.
On a motion by Commissioner McKay, seconded by Vice Chair Breznikar, the Commission voted 6-0-1-0 (Hunt abstained) to adopt Resolution No. 2023-03 recommending that the Healdsburg City Council approve the proposed Development Agreement by and between the City of Healdsburg and Freebird Development Company, LLC (DA 2023-01) with the elimination of Section 4.8 – Timing of Development.
B. Item
Description: DA 2020-01.04 (North Village Development Agreement amendment); CUP 2019-04.02 (North Village Master Conditional Use Permit amendment); DR 2021-07.01, CUP 2021-04.01 (Parcel 4 Design Review and Conditional Use Permit amendments); TM 2022-07 (Parcel 4 Tentative Map)
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Project
Description: The project applicants are seeking approval of (a) amendments to the North Village Development Agreement and Master Conditional Use Permit to modify the affordability levels for residential uses on Parcels 2 and 4, and to modify the shared parking plan, (b) amendments to the Major Design Review and Conditional Use Permit for the mixed-use retail and residential development on Parcel 4 to address changes to the facades, building footprints, and landscaping, and (c) tentative map to establish a common parcel and three airspace parcels on Parcel 4.
Location: Parcel 2: 201 Dovetail Lane
Parcel 4: 1830 Boxheart Drive; 1840 Boxheart Drive; 70 Dovetail Lane; 80 Dovetail Lane
Hotel: 101 Dovetail Lane
Enso Village: 1801 Boxheart Drive
Applicant: Comstock Healdsburg, LLC (DA 2022-01.04; CUP 2019-04.02; TM 2022-07) Burbank Housing Development Corporation (DR 2021-07.01; CUP 2021-
04.01)
Environmental
Determination: On May 20, 2019, the Healdsburg City Council certified the Final Environmental Impact Report (FEIR) for the North Entry Area Plan (SCH# 2018062041) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. An Environmental Checklist & Addendum to the FEIR were prepared for the Master Conditional Use Permit for the North Village Project (MCUP 2019- 04) that was approved by the Planning Commission on February 11, 2020; and the Development Agreement for the North Village Project (DA 2020-01) that was adopted by the City Council on April 6, 2020. In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), no further environmental review is required because the project components under consideration would not result in on-site, off-site or cumulatively significant effects on the environment that were not examined in the FEIR.
Planning Consultant, Linda Ruffing, introduced the item and summarized the staff report. Ms.
Ruffing provided a project overview and discussed the background, purpose of proposed amendments, affordability mix, sitewide affordable housing mix, proposed changes to unit mix, shared parking plan, sitewide parking demand, mobility services and TDM Plan, Parcel 4 design modifications, mixed use project rendering, Parcel 4 exterior modifications, modifications to building footprint, proposed landscaping plan, plant palette and furnishings, play equipment/materials, Tentative Map and findings, Development Agreement findings, Conditional Use Permit findings, Major Design Review findings, environmental review and the recommended actions.
Debra Geiler, Vice President of Entitlement and Forward Planning at Comstock Development Company, introduced the team of individuals that are present to answer any questions. Ms.
Geiler spoke regarding North Village Master Conditional Use Permit, Development Agreement and Amendments, project unit mix, and bond financing.
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Karen Massey, Senior Project Manager at Burbank Housing, provided a presentation and discussed project objectives, approved versus refined project, design refinements, refined elevations, refined site plan, parking, preliminary income and rent levels, and next steps/timeline.
Commissioner, staff and applicant discussion ensued regarding questions on the Foss Creek Pathway Plan and connectivity, North Entry Avenue Plan, entry feature, elevation of Building 14, façade, architecture, screening of tenants, Area Median Income, bond measure, commercial space retainment, Development Agreement, town homes being rented and sold, design of the promenade, lot split process, HOA management, privacy screening at the playground, trees and shading, terms under the Reciprocal Easement Agreement, missing middle housing, number of affordable housing units included, financing through the 501c3 and Parcel 2 net buildable area opportunities.
Chair Luks opened the hearing for public input.
Kathryn Goldman Schuyler, Palo Alto Ave., San Francisco, spoke as a future North Village Enso Village resident, and said she supports the presence of affordable housing that integrates lower income residents within a village with a sense of community but said she does not believe the currently proposed amendments do this and she explained why. She said she does not support the suggested amendments as they have been presented.
Tegan Wilson, 1205 Grove St., said she is a resident of Healdsburg Glen, an affordable housing/subsidized housing complex, and spoke in support of the project. She shared her experience living in the Healdsburg Glen complex and said that is has afforded her and other residents the opportunity to live and work in Healdsburg and she discussed the importance of that.
Dora Ortega, Healdsburg Glen Apartments, spoke on behalf of her community, and asked the Commission to consider and take into account the people that work at the hotels, restaurants and fields stating that these are low-income individuals, and it is not the same as middle income individuals and she explained why. She said that it is these people that help keep tourism high in Healdsburg and attract more visitors by their devoted and hard work at their places of business.
Calum Weeks, Policy Director for Generation Housing, thanked the Commission for their interest and advocacy for affordable housing and discussed the importance of this. He expressed his appreciation to the two prior speakers and said they touched on many important issues that he would encourage the Commission to amplify and take into consideration. He expressed his excitement for the Metropolitan Transportation Mission funding that was granted and discussed the different elements that help create a community and feels that this project design does that.
Cristal Lopez, Community Advocacy Coordinator for Corazon Healdsburg, thanked the City for providing interpretation services at this meeting, and said Corazon Healdsburg is in full support of this project. She discussed her concerns with parking, public transportation, the City not being walkable/ bikeable, housing prices and the AMI. She also said she is very happy that laundry hookups will be provided in each of the units.
Nick, Parkland Farms resident, spoke in favor of the project and said he hoped the Commission would approve it as presented. He provided a brief background on his family and shared his concerns with people being able to afford to live in Healdsburg, especially those
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who work here.
There being no further speakers, Chair Luks closed the public input portion of the hearing.
Commissioner Barber discussed the occupancy permit for the hotel and shared positive feedback on the ample bike storage, laundry hookups and the outdoor features that will be available.
Commissioner Wood spoke in support of the project and discussed the exterior façade changes.
Commissioner Hunt spoke in support of the project and recognized the challenges the applicants have had to address and how much work has gone into finding a solution. She discussed the waitlist for affordable housing units and the high demand and overwhelming need in Healdsburg. She also discussed the parking analysis, design, landscaping, and home ownership opportunities.
Commissioner McKay spoke in support of the project and discussed financing related to the preliminary income and rent levels spreadsheet presented and encouraged some type of additional articulation on Building 14, Elevation 2.
Commissioner Gerlach spoke in support of the project, and said he appreciated the work the applicants did to be aggressive in the bond market and discussed the significance of continuing to recognize the importance of public space and parking.
Vice Chair Breznikar spoke in support of the project and said that the applicants have been very thoughtful about the community that is going to live there. She shared positive feedback on laundry hook ups, bicycle storage, the promenade and praised the applicants for designing the extra parcels to be for sale units for middle income.
Chair Luks discussed the missing middle and said he is disappointed that this project is not going to make much of a dent in that. He said he is sensitive to the notion that this project is skewed towards the higher end of affordability and discussed the amount of affordable housing that will become available in Healdsburg through various project approvals. He also discussed home ownership verses rentals, Building 14 design and façade, and his concerns with parking.
Planning Consultant Ruffing said that the Resolution amending Major Design Review Permit (DR 2021-07.01) and Major Conditional Use Permit (CUP 2021-04.01) for the North Village Mixed Use Project (Parcel 4) could be amended to include language that says “with clarification that the permits will not become effective until the City Council adopts the Fourth Amendment to the Development Agreement.”
On a motion by Commissioner McKay, seconded by Vice Chair Breznikar, the Commission voted 7-0-0 to approve Resolution No. 2023-04 recommending that the Healdsburg City Council approve the proposed Fourth Amendment to the Development Agreement by and between the City of Healdsburg and CCS Healdsburg, LLC, for the North Village Project (DA 2020-01.04).
On a motion by Commissioner Wood, seconded by Vice Chair Breznikar, the Commission voted 7-0-0 to adopt Resolution No. 2023-05 modifying the Master Conditional Use Permit for the North Village Project (CUP 2019-04.02) to conform housing affordability levels to the
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Fourth Amendment to the DA and to authorize modifications to the sitewide Shared Parking Plan.
On a motion by Commissioner Breznikar, seconded by Commissioner Wood, the Commission voted 7-0-0 to adopt Resolution No. 2023-06 amending Major Design Review Permit (DR 2021-07.01) and Major Conditional Use Permit (CUP 2021-04.01) for the North Village Mixed Use Project (Parcel 4), based on the suggested findings and subject to the recommended conditions of approval, with clarification that the permits will not become effective until the City Council adopts the Fourth Amendment to the Development Agreement.
On a motion by Vice Chair Breznikar, seconded by Commissioner Barber, the Commission voted 7-0-0 to adopt Resolution No. 2023-07 approving a Tentative Map (TM 2022-07) for Parcel 4 of the North Village Project based on suggested findings and subject to the recommended conditions of approval.
The Commission took a recess at 9:29 p.m.
The Commission reconvened at 9:36 p.m.
C. Item
Description: Land Use Code Amendment 2023-01
Project
Description: Amendments to the Healdsburg Municipal Code including repealing Healdsburg Municipal Code Chapter 8.32: Medical Marijuana Dispensaries; amending Section 20.08.145: Permitted and Conditionally Permitted Uses in the Plaza Retail (PR), Downtown Commercial (CD), and Service Commercial (CS) Districts; amending Section 20.08.155: Permitted and Conditionally Permitted Uses in the Mixed Use (MU) District; amending Section 20.08.195: Permitted and Conditionally Permitted Uses in the Industrial (I) District; adding a new Section 20.20.095: Commercial Cannabis Uses and Requirements; amending Section 20.20.100: Marijuana Cultivation, Possession and Use; and amending Section 20.28.310:
Definitions to allow for commercial cannabis uses in Healdsburg.
Location: Citywide
Applicant: City of Healdsburg
Environmental
Determination: Determine that the proposed Healdsburg Municipal Code amendments are 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 amendments will have a significant effect on the environment.
Community Development Director, Scott Duiven, introduced the item and summarized the staff report. Director Duiven provided a project overview and discussed the proposed amendments to the Healdsburg Municipal Code to develop a regulatory framework for commercial cannabis uses. Mr. Duiven discussed the path forward which includes City Council review and approval of the proposed amendments, an application process for the selection of up to two retail dispensaries, establishing a commercial cannabis business permit fee to cover the costs of administering the program, and setting the annual rate of the cannabis business tax.
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Commission and staff discussion ensued regarding the application and permit process, and whether or not cannabis retailers should be allowed in the downtown commercial district.
Chair Luks opened the hearing for public input.
Eli Melrod, Co-Founder of SolFul, provided information on their business, allowable locations for dispensaries in Healdsburg and the importance of foot traffic to this type of business. Mr.
Melrod invited the Commission to tour one of their nearby stores.
Brandon Levine, Sonoma County resident, Founder and CEO of Mercy Wellness, shared his background and said that they have been instrumental in developing these ordinances in other cities all over the North Bay and that Healdsburg has done a great job. He said he is available to answer any questions the Commission may have related to Mercy Wellness.
There being no further speakers, Chair Luks closed the public input portion of the hearing.
Chair Luks stated that he had previously pushed for extending the prohibition on dispensaries in the downtown commercial district. He said he would like to withdraw his previous comments about the absolute limitation for dispensaries in the downtown commercial district. He said that the location criteria for dispensaries adequately addresses potential sensitive receptors, and that he sympathizes with the comments from operators regarding the importance of foot traffic.
Vice Chair Breznikar said it is a well-established business and the cannabis businesses have gone through a lot of trials and supports moving forward.
On a motion by Commissioner McKay, seconded by Vice Chair Breznikar, the Commission voted 7-0-0 to adopt Resolution No. 2023-08 recommending the City Council 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.
6. COMMISSIONER AND SUBCOMMITTEE REPORTS
None.
7. DIRECTOR’S REPORT
Director Duiven provided information regarding:
• Appointment of Commissioner Wood
• March 14, 2023, Planning Commission meeting agenda items • Brown Act requirements changing March 1, 2023, regarding attendance in person and virtually
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8. ADJOURNMENT
The meeting adjourned at 10:15 p.m.
________________________________ ________________________________ Scott M. Duiven, Secretary Phil Luks, Chair
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: April 3, 2023
SUBJECT: Discussion of Establishing Cannabis Business Tax Rates PREPARED BY: Andrew Sturmfels, Assistant City Manager
STRATEGIC INITIATIVE(S):
Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Provide Effective Governance
RECOMMENDED ACTION(S):
Receive a presentation from City Staff regarding establishing cannabis business tax rates and provide direction to staff.
COMMUNITY ENGAGEMENT/OUTREACH:
Establishing a cannabis business tax was discussed at a City Council work session in November 2021 and a regular City Council meeting in May 2022. On June 21, 2022, the City Council adopted a Resolution placing a Cannabis Business Tax Measure on the ballot for the November 8, 2022, election. The measure was put on the ballot as Measure M. On November 8th, 4,869 votes were cast on Measure M, with 3,529 “Yes” votes and 1,240 “No” votes. The Measure, requiring 50% voter approval, passed with 72.5% voter approval.
BACKGROUND:
On May 2nd, 2022, the City Council Directed staff to prepare a ballot measure for the November 9, 2022 election to create a cannabis business tax. On June 1, 2022, the City Council adopted a resolution placing a Cannabis Business Tax Measure on the November 8th, 2022 ballot. On November 8th, the voters of Healdsburg approved the establishment of a cannabis business tax (Measure M).
The approved Measure adds Chapter 3.32 to the Healdsburg Municipal Code, establishing the process and procedures for establishing a cannabis business tax upon every person who engages in business in the city as a cannabis business, not to exceed a maximum annual rate of eight percent of gross receipts. The approved Measure authorizes the City Council, at its discretion, to pass a resolution to implement tax rates lower than the maximum rate established (8%), establish different tax rates for different categories of cannabis businesses, including medical versus
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recreational use or for products of different potencies. The Council may, by resolution, increase or decrease any such tax rate from time to time, so long as the tax rate established does not exceed 8%.
DISCUSSION/ANALYSIS:
Proposition 64 authorized the State of California to charge a 15% state excise tax on all retail cannabis sales (recreational and medical), of which 100% funds state administered programs. In addition, retail sales of adult use cannabis are subject to state sales and use tax. Retail sales of medicinal cannabis are exempt from state sales and use tax. Staff are recommending the City Council establish business tax rates for authorized cannabis business types. For the types of cannabis businesses authorized within the City of Healdsburg, the following cannabis business tax rates are currently in place in other Sonoma County jurisdictions:
Retail Sales Retail
Medical Distribution Manufacturing Testing
Cloverdale 3.5% 3.5% 3.5% 3.5% 3.5%
Cotati 3% Exempt 2% 1% NA
Santa Rosa 3% Exempt 0% 1% NA
Sonoma 4% 4% 0% 4% 2%
Sonoma County 2% 2% 0% 3% 0%
Retail sales include both delivery and in-store sales. Currently, both Sebastopol and Petaluma authorize some cannabis business types but do not tax them. The Cities of Windsor and Rohnert Park do not allow cannabis businesses to operate. Cloverdale initially authorized a 4.5% tax but subsequently lowered the tax.
Council Considerations
Setting a rate for the cannabis excise tax provides the City the opportunity to receive additional general fund revenue to support core City Services and offset costs of administering a cannabis regulatory program. Because the voters approved Measure M as a general tax, the City Council will have flexibility in determining how the funds are deployed. The ballot measure language that was approved by the voters (with 72.5% approval) listed police, fire and emergency services, parks, affordable housing, and street maintenance as examples of services that could be enhanced by the tax revenues.
Currently, the City receives 1% of the state sales and use tax added to any good purchased in Healdsburg (Bradly Burns Sales Tax) plus an additional .5% for most goods purchased as a result of Measure T (Previously Measure V). Regardless of any excise tax established, the City would receive the above portions of state sales and use taxes on adult use recreational cannabis sales. As an example, if the combined gross receipts of recreational cannabis sales from both retail cannabis operations totals a combined $5,000,000 a year, tax revenue from the City’s portion of state sales and use tax would be $75,000 per year.
Excise taxes can be used as a policy tool to incentivize economic activity or support other policy goals. In the case of cannabis, the Council may wish to consider the following:
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1. Which business types should be taxed?
As seen above, not all jurisdictions are taxing all cannabis business types at the same rates.
Generally, distributors of products in California are not subject to state sales tax. Keeping in line with that policy several jurisdictions have chosen not to tax cannabis distributors to keep them on a level playing field. Additionally, there is concern that taxing all segments of the supply chain can have overall impacts on product cost and business/industry success.
For manufacturing in particular, Council may wish to consider if the value of the Healdsburg brand warrants additional consideration. Manufacturers would be able to list “Made in Healdsburg” on products manufactured here, which could be viewed as a competitive advantage.
2. What’s the right amount for an excise tax?
For discussion purposes, for every $1,000,000 in gross receipts, a 1% tax would generate $10,000 in revenue. As an example, if the combined gross receipts from both retail cannabis operations totals a combined $5,000,000 a year, tax revenue would be anticipated as follows:
1% tax rate: $50,000
2% tax rate: $100,000
3% tax rate: $150,000
4% tax rate: $200,000
5% tax rate: $250,000
6% tax rate: $300,000
7% tax rate: $350,000
8% tax rate: $400,000
3. Should the City exempt medical retail cannabis from the excise tax? As noted above, some jurisdictions have chosen not to adopt an excise tax for medical cannabis. The state also does not apply sales and use tax to medical cannabis. The council may wish to consider whether medical cannabis should be taxed. Specifically, given the City’s tourism-based economy, Council may wish to consider who benefits from exempting medical cannabis sales from an excise tax.
4. What’s the net impact to the City?
As noted during the March 20th City Council Meeting, the City will incur ongoing costs for the long-term management of a cannabis business program. Additionally, any excise tax implemented will result in City costs to establish the appropriate forms and processes, answer questions from businesses, receive and book revenue, and audit as appropriate. Absent sufficient revenue from the tax to support these activities, the cost for this staff time will be absorbed in the General Fund.
Beyond the direct costs for administration, the voter-approved Measure M was designed as a
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general tax measure intended to generate revenues for core City services. Although the measure does not designate specific uses (nor could it as a general tax measure) and grants the City council to set the tax rate up to 8%, the results of the election suggest that most voters in Healdsburg would like to see revenues from cannabis businesses used to augment City services.
Staff Recommendation:
Based on the above consideration, staff recommend the following:
Establish excise taxes on gross receipts at the following levels:
• Retail Sales: 3% (both medical and non-medical, all potency levels) • Manufacturing: 2%
• Distribution: No Tax
• Testing: 2%
Upon receiving feedback from the Council on this item, staff will bring back a future agenda item requesting the Council adopt a resolution establishing the tax rates. Staff will also continue to work on developing the necessary forms, processes, and internal control policies to ensure appropriate collection of the tax.
ENVIRONMENTAL STEWARDSHIP:
Not Applicable.
ALTERNATIVES:
The purpose of this presentation is to seek direction and feedback from the Council. Based on Council feedback, staff will bring back a proposed resolution for consideration at a future meeting.
FISCAL IMPACT:
Revenues collected from the establishment of an excise tax would be placed into the general fund and are subject to appropriation via the bi-annual budget process.
ENVIRONMENTAL ANALYSIS:
Pursuant to California Environmental Quality Act (“CEQA”) and Title 14, the California Code of Regulations Section 15378(b)(2), the recommended action is administrative in nature and does not qualify as a “Project” under CEQA. Therefore, no further CEQA or environmental review is required.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: April 3, 2023
SUBJECT: Healdsburg Community Center Preschool Improvements PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):
Maintain and Improve Infrastructure and Facilities
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):
Adopt a Resolution rejecting the bid protest submitted by Carr Construction, conditionally award the contract for the construction of the Community Center Preschool Improvements to DMR Builders for a not to exceed amount of $447,686; authorizing the City Manager to execute the construction contract and related change orders; approving a 10% contract contingency; and adopting a budget amendment increasing appropriations in the fiscal year 2022-23 budget.
COMMUNITY ENGAGEMENT/OUTREACH:
Work has been underway since 2018 by the Early Childhood Education workgroup that consists of community members, the Healthcare Foundation of Northern Sonoma County, the Health Action Preschool Committee, First 5 Sonoma County, the Community Childcare Council of Sonoma County, the American Association of University Women – Healdsburg Chapter and City staff to work on expanding childcare and preschool opportunities.
A notice inviting bids for this Project was advertised in the Press Democrat, on the City’s website, and it was sent to all Contractors on the City’s Qualified Bidders List and to the Local Builder’s Exchanges. This was completed in accordance with all applicable procedures and the City’s Municipal Code.
BACKGROUND:
For Fiscal Year 21-22, City Council adopted a goal to: “Explore options for expanding child-care services; Identify needs, delivery mechanisms, and funding options for City Council consideration.” This goal was the outcome of work that started in 2018 by an Early Childhood Education workgroup that consisted of community members, the Healthcare Foundation of Northern Sonoma County, the Health Action Preschool Committee, First 5 Sonoma County, the Community Childcare Council of Sonoma County, the American Association of University
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Women – Healdsburg Chapter and City staff to address kindergarten readiness and a shortage of childcare and preschool programs for working families. While the City offered – and continues to offer today – programs for preschool-aged children through its Early Childhood Education (ECE) program, these programs were not State-licensed programs and therefore did not provide full-day services needed by working families.
In 2019 the Early Childhood Education workgroup identified the Healdsburg Community Center as a potential site for expanding preschool opportunities in Healdsburg since the Community Center had two former kindergarten rooms equipped with restrooms and an outdoor play area.
These rooms were being used for the City’s ECE program Mondays, Wednesdays, and Fridays from 9:00 a.m. – 1:00 p.m. during the school year, and Monday through Friday 8:00 a.m. – 1:00 p.m. for preschool-aged summer camp.
The initial thought was that the City’s partial day program could be converted to a full-day, licensed program. However, in order for the City to become a licensed full-day program, the City would need to create new full-time positions to provide this service, and this was deemed not feasible at the time. As an alternative, staff and representatives of the Early Childhood Education workgroup began exploring the possibility of contracting with a preschool service provider to establish a licensed, full-day program at the Community Center. The process stalled in late 2019 due to the City’s response to supporting our community through the Kincade Fire and the COVID-19 pandemic.
In 2021, work on the goal resumed and the City issued a Request for Proposals to determine interest in a preschool service provider establishing a licensed, full-day preschool program at the Community Center. (See attached RFP.) The City received four proposals, and after screening and interviews, determined that the YWCA of Sonoma County was best suited to move forward in the process. (See attached YWCA preliminary proposal.) City staff began meetings with the YWCA of Sonoma County to further develop the program concept. In summary, the YWCA would create a full-day licensed program that would provide infant, toddler, and preschool-aged childcare with a focus on bi-lingual learning, kindergarten readiness, and social emotional learning within a multi-cultural program framework. If City Council moves forward with the proposed preschool improvements, staff will bring forward a landlord-tenant lease agreement for use of the space at a future meeting.
As part of the RFP, respondents were asked to provide feedback on required/desired facility improvements. In addition, City staff met with representatives of the California Child Care Licensing Program to determine what facility upgrades would be needed to qualify for licensing.
Through these processes, staff developed a list of the needed interior improvements:
• Installation of kitchenettes (stove, sink, refrigerator, counters) for snack and lunch preparation
• Electrical upgrades
• Classroom paint and flooring upgrades
In addition, we learned through licensing that exterior play area upgrades would be needed for licensing including age-appropriate play structures, shade, and fencing. The YWCA has
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indicated an interest in fundraising for this work.
The City’s FY22-24 adopted Capital Improvement Program budget included $225,000 for the interior facility upgrades based on preliminary estimates of the cost of the required work. The City retained the services of architect Don Alameida to prepare plans and specifications for the required upgrades for bidding. During the process, staff learned that upgrades to the fire alarm system, installation of fire sprinkler systems in the preschool rooms, and ADA corrections would be required under the building code. This work was not anticipated in the CIP budget.
The need for additional childcare and preschool opportunities in Sonoma County has grown since the Early Childhood Education workgroup’s work started in 2018. A 2023 study by 4C’s Sonoma County found that the number of open childcare facilities in Sonoma County decreased 13% since the COVID-19 pandemic shelter in place order began in March 2020. In addition, the study found that available childcare spaces in Sonoma County has been reduced by 44% since March 2020. (See attached capacity study summary.) For Healdsburg, the Sonoma County Childcare Planning Council’s needs assessment from 2022 ranked additional infant/toddler childcare as a high priority and preschool-aged childcare as a medium priority. (See attached childcare prioritization needs analysis.)
DISCUSSION/ANALYSIS:
Overview of the Proposed Project:
The Project consists of various improvements to the City of Healdsburg Community Center to renovate two classrooms into preschool classrooms that would be eligible for licensing.
The work in general includes interior construction renovating two classrooms into pre-school classrooms; electrical and plumbing modifications to classrooms and site's main switchgear; modification to existing Fire Alarm system by deferred design build approval including addition of an Emergency Voice Communication Center; installation of a design build fire sprinkler system to serve the preschool classrooms and future campus wide expansion; and other items of work that are required to complete the Project in accordance with the Contract, the Project Plans and Technical Specifications, and all other work as noted on drawings.
Bid Process and Protest:
The notice inviting bids for the Project was released on January 12, 2023, with the public bid opening initially scheduled for February 8, 2023.
An Addendum to the notice to bidders was released on February 6, 2023, extending the bid opening to February 13, 2023, at 2PM to accommodate answering bidders’ questions. The City received eight (8) bids.
The lowest apparent bid, with a base bid of $447,686 was received from DMR Builders. The bid summary is attached.
In the current bidding environment, it is not expected that rebidding the Project would result in substantially lower costs for the City and could only serve to further delay the work. Due to
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continued increases in construction costs since the inception of the Project, staff is not recommending rebidding the contract.
The Project Specifications applicable to the new flooring for the “moisture testing, shot blasting, prep and moisture control system” (collectively hereafter referred to as “Flooring Prep Work”) are as follows:
• Section 09-6516, item 1.3.B.1 requiring pre-installation moisture testing • Section 09-0511, item 3.2.A requiring shot blasting of existing concrete • Section 09-6516, item 1.9 A-D requiring a moisture control system to achieve the required added 10-year warranty
The apparent lowest bidder, DMR Builders, submitted a bid proposal including Ellis Flooring as the flooring subcontractor in the amount of $26,576.36. The Scope of Work in the Ellis proposal is defined to include Specifications Section 09 65 19 and Section 9 65 16, both relating to provision of flooring, and excludes moisture testing and treatment.
The Ellis subcontractor bid includes moisture testing as an alternative add in the amount of $800 and shot blasting as an alternative add in the amount of $5000. DMR included only the base bid amount in its bid to the City, in the amount of $26,576.36 as indicated above.
The Carr Construction bid is based upon a subcontract bid from ACF Flooring which includes the moisture testing, shot blasting and the moisture control system as adds in the amount of $19,586. The base contract plus the adds total $47,838. Carr included $50,000 for the ACF Flooring work in its bid.
Carr Construction submitted a protest letter on February 16, 2023, asserting that the DMR bid does not include the Flooring Prep Work, the moisture control system is required for the 10-year warranty from Armstrong, and asserts that based on installer requirements referenced in Section 09-6516, item 1.5.B, DMR is not permitted to self-perform the Flooring Prep Work.
DMR Builders responded to the protest in writing on February 17, 2023, indicating that they are going to self-perform the Flooring Prep Work and are permitted to do so, and that the Armstrong 10-year warranty requires a moisture control system manufactured by Armstrong to be valid.
Business & Professions Code section 7057 allows a Class B general contractor who takes a contract which includes work covered by 2 or more trades, other than carpentry, to enter into the contract. The only specialty work requiring a Class C license that cannot be self-performed is fire protection and well drilling.
DMR has confirmed that it intends to self-perform a portion of the Flooring Prep Work with specific reference to Section 09-6516, item 1.3.B.1 requiring pre-installation moisture testing, and Section 09-0511, item 3.2.A requiring shot blasting of existing concrete.
DMR has also confirmed that Section 09-6516, item 1.9 A-D requiring a moisture control system to achieve the required added 10-year warranty will be performed by their listed subcontractor Ellis Flooring, and this scope is included in their subcontractor bid as listed in the DMR bid
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submittal on February 13, 2023. DMR has provided credentials confirming that Ellis Flooring is a certified Armstrong Commercial Flooring Installer.
The Armstrong flooring warranty, attached hereto, requires the use of Armstrong products for the moisture control system. The Carr Construction subcontract lists an alternate manufacturer’s moisture control system product (Uzin EP 460).
Carr’s Construction properly submitted its bid protest in a timely manner pursuant to Notice to Bidders, Section 6. Bid Protests. Three business days after the bid opening date of February 13, 2023, was February 16, 2023.
Section 6.7 requires the City to review all timely protests prior to award of the Project and is not required to hold an administrative hearing but may do so at its option. The City Council is required to consider the merits of the protest at the time of consideration of the Project award.
The City Council may either reject the protest and award the contract to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder.
Staff has verified that the bidders possess the required license(s) and are otherwise qualified to perform the work. The bidders agree to deliver and to complete the Project within (working time) 180 (one hundred and eighty) calendar days from the date of issuance.
Staff is recommending that Council accept the base bid from DMR Builders, award the construction contract for a not to exceed amount of $447,686 and reject the bid protest, conditioned upon DMR Builders providing all documents in satisfaction of the bid award requirements. If DMR Builders fails to meet the bid award requirements, the project will be awarded to the next lowest responsible, responsive bidder.
Staff is also recommending that Council approve a 10% contract contingency and authorize the City Manager to execute the contract and related change orders not to exceed $44,769.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
Do not award a contract and provide direction to staff.
FISCAL IMPACT:
The adopted Fiscal Year 2022-23 Budget for the Community Services Capital Fund included $225,000 of appropriations for the Community Center Preschool Renovations Project CS005.
The DMR Builders contract total is $447,686 and staff are requesting a 10% contingency of $44,769 for a total project budget of $492,455. Staff are proposing to increase appropriation in the Community Services Capital Fund in the amount of $267,455 to complete the project.
In Fiscal Year 2021-22, the City transferred $953,058 in funds from the Community Center operations fund to the Capital Fund to support future Capital Projects. In the current fiscal year, Council appropriated $88,100 of these funds to support the Senior Center Door Replacement
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Project, leaving $864,958. Should the Council approve the proposed budget amendment, $597,503 would be remaining and available to support other Capital Projects.
Staff notes recent construction projects have come in significantly over initial budgets due to inflationary impacts on the construction industry and supply chain. Council may wish to consider the impacts of this request in context with other Community Services Capital Projects.
ENVIRONMENTAL ANALYSIS:
Awarding a contract for renovation of the Healdsburg Community Center preschool rooms is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (exemption for existing facilities) because awarding the contract for renovating the Healdsburg Community Center preschool rooms consists of the repair and minor alteration of existing public facilities, involving negligible or no expansion of existing or former use.
ATTACHMENT(S):
Resolution
Bid Summary
Carr's Construction Protest
DMR Builders Bid Protest Response
Techical Specifications 09-0511
Techical Specifications 09-6516
Techical Specifications 09-6519
Armstrong Flooring 10 year Warranty
Preschool Program Provider RFP
YWCA Sonoma County Proposal
Exhibit A
Childcare Capacity Study
Childcare Prioritization Needs Analysis
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CITY OF HEALDSBURG
RESOLUTION NO. ___-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG REJECTING A BID PROTEST,
CONDITIONALLY AWARDING THE CONTRACT FOR THE
CONSTRUCTION OF THE COMMUNITY CENTER
PRESCHOOL IMPROVEMENTS TO DMR BUILDERS FOR A
NOT TO EXCEED AMOUNT OF $447,686, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT AND RELATED CHANGE ORDERS,
APPROVING A 10% CONTRACT CONTINGENCY, AND
INCREASING APPROPRIATIONS IN THE FISCAL YEAR
2022-23 BUDGET
WHEREAS, a notice inviting bids for the Project was advertised in the Press Democrat, the Healdsburg Tribune, on the City Website, and it was sent to all Contractors on our Qualified Bidders List and to the Local Builders Exchanges in accordance with all applicable procedures and the City received eight bids; and
WHEREAS, a notice inviting bids for the Project was released on January 12, 2023, with the public bid opening initially scheduled for February 8, 2023; and WHEREAS, an Addendum to the notice to bidders was released on February 6, 2023, extending the bid opening to February 13, 2023, at 2PM to accommodate answering bidders’ questions; and
WHEREAS, the Project consists of various improvements to the Preschool Rooms at the Healdsburg Community Center in order to support a full-day, licensed preschool program; and WHEREAS, the base bid includes interior construction renovating two classrooms into pre-school classrooms; electrical and plumbing modifications to classrooms and site's main switchgear; modification to existing Fire Alarm system by deferred design build approval including addition of an Emergency Voice Communication Center; and installation of a deferred approval design build fire sprinkler system to serve the preschool classrooms and future campus wide expansion; and
WHEREAS, the lowest apparent bid, with a base bid of $ $447,686 was received from DMR Builders; and
WHEREAS, Carr’s Construction submitted a protest letter on February 16, 2023, asserting that the DMR bid does not include the Flooring Prep Work, the moisture control system is required for the 10-year warranty from Armstrong, and that based on installer requirements referenced in Section 09-6516, item 1.5.B, DMR is not permitted to self-perform the Flooring Prep Work; and
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WHEREAS, DMR Builders responded to the protest in writing on February 17, 2023, indicating that they are going to self-perform the Flooring Prep Work and are permitted to do so, and that the Armstrong 10-year warranty requires a moisture control system manufactured by Armstrong to be valid; and
WHEREAS, Business & Professions Code section 7057 allows a Class B general contractor who takes a contract which includes work covered by 2 or more trades, other than carpentry, to enter into the contract, and the only specialty work requiring a Class C license that cannot be self-performed is fire protection and well drilling; and WHEREAS, DMR has confirmed that it intends to self-perform a portion of the Flooring Prep Work with specific reference to Section 09-6516, item 1.3.B.1 requiring pre-installation moisture testing, and Section 09-0511, item 3.2.A requiring shot blasting of existing concrete; and WHEREAS, DMR has also confirmed that Section 09-6516, item 1.9 A-D requiring a moisture control system to achieve the required added 10-year warranty will be performed by their listed subcontractor Ellis Flooring, and this scope is included in their subcontractor bid as listed in the DMR bid submittal on February 13, 2023; and
WHEREAS, DMR has provided credentials confirming that Ellis Flooring is a certified Armstrong Commercial Flooring Installer; and
WHEREAS, Carr’s Construction properly submitted its bid protest in a timely manner pursuant to Notice to Bidders, Section 6; and
WHEREAS, per Section 6.7 of the Notice to Bidders, the City Council is required to consider the merits of the protest at the time of consideration of the Project award; and WHEREAS, the City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder; and
WHEREAS, Staff is recommending rejecting the bid protest from Carr’s Construction; and WHEREAS, Staff has verified that the bidders possess the required license(s) and are otherwise qualified to perform the work; and
WHEREAS, the bidders agree to deliver and to complete the Project within 180 (one hundred and eighty) calendar days from the date of issuance; and WHEREAS, Staff is recommending that Council accept the base bid from DMR Builders, conditioned upon DMR Builders providing all documents in satisfaction of the bid award requirements; and
8.B.a
Packet Pg. 624 Attachment: Resolution (3983 : Preschool Facility Improvements) Resolution No. _____-2023
WHEREAS, if DMR Builders fails to meet the bid award requirements, the project will be awarded to the next lowest responsible, responsive bidder; and WHEREAS, Staff is also recommending that Council approve a 10% contract contingency and authorize the City Manager to execute the contract and related change orders not to exceed 10% of the awarded base bid; and
WHEREAS, the adopted budget for the Community Services Capital Improvement Fund included $225,000 for the project; and
WHEREAS, approval of this resolution requires an additional $267,455 in appropriations in the Community Services Capital Improvement Fund; and WHEREAS, Awarding a contract for construction of the Community Center Preschool Improvements is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (exemption for existing facilities) because awarding the contract for the construction of the Community Center Preschool Improvements consists of the repair and minor alteration of existing public facilities, involving negligible or no expansion of existing or former use.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby:
1. Finds that the Awarding a contract to DMR Builders for Construction of the Community Center Preschool Improvements is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (exemption for existing facilities) because awarding the contract for Construction of the Community Center Preschool Improvements consists of the repair and minor alteration of existing public facilities, involving negligible or no expansion of existing or former use.
2. Rejects the Carr’s Construction bid protest, thereby naming DMR Builders the lowest, responsible, responsive bidder.
3. Awards the contract to DMR Builders for the construction of the Community Center Preschool Improvements Project in an amount not to exceed $447,686.
4. Approves a 10% contract contingency in the amount of $44,769.
5. Authorizes the City Manager to execute the construction contract and related Change Orders.
6. Increases appropriations in the fiscal year 2022-23 budget according to Exhibit A.
8.B.a
Packet Pg. 625 Attachment: Resolution (3983 : Preschool Facility Improvements) Resolution No. _____-2023
PASSED, APPROVED, AND ADOPTED this 3
rd day of April, 2023, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
8.B.a
Packet Pg. 626 Attachment: Resolution (3983 : Preschool Facility Improvements) Community Center Preschool Improvements
February 13, 2023 at 2PM
BASE BID
Interior construction renovating two classrooms into pre-school classrooms; electrical and plumbing modifications to classrooms and site's main switchgear; modification to existing Fire Alarm system by deferred design build approval including addition of an Emergency Voice Communication Center; installation of a deferred approval design build fire sprinkler system to serve the preschool classrooms and future campus wide expansion; and other such items of work as are required to complete the Project in accordance with this Contract, the Project Plans and Technical Specifications, and all other work as noted on drawings
Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Sub & Location Trade/Amount Damazio
Excavating
Petaluma, CA
Site Work /
$75,384
Fremont Millwork
Klamath Falls,
Oregon
CaseWork /
$60,990
Kevin Reilly
Electric
San Rafael
Electrician /
Fire Alarm /
$45,000
Azevedo Plumbing
Windsor, CA
Plumbing /
$39,655
WestPac
Healdsburg, CA
Earthwork/
Utilities /
$43,000
Cupples
Excavating
Hopland, CA
Grading and
Excavation /
$52,875
KBI
Petaluma, CA
Painting /
$7,250
Bay Cities Fire
Santa Rosa, CA
Fire
Supression /
$44,000
Fremont Millwork
Klamath Falls,
Oregon
CaseWork /
$60,990
Coast Building
Products Santa
Rosa, CA Insulation / $950
All County
Flooring
Benecia, CA
Flooring /
$30,000
Pioneer Fire
Protection
Petaluma, CA
Fire Sprinklers
/ $39,655
Fremont Millwork
Klamath Falls,
Oregon
CaseWork /
$61,000
Pacifc Coast
Cutters
Petaluma, CA
Saw Cutting &
Demo / $4,380
WestPac
Healdsburg, CA
Underground /
$42,596
Northern Pacific
Drywall Santa
Rosa, CA
Drywall /
$8,500
Ellis Flooring
Santa Rosa, CA
Flooring /
$26,576
Northern Pacific
Drywall Santa
Rosa, CA
Gypboard /
$8,461
Kearney
Plumbing
San Francisco,
CA
Plumbing /
$45,000
Golden State
Electrical
Petaluma, CA
Electrical /
$45,586
Northern Pacific
Drywall Santa
Rosa, CA
Drywall /
$9,000
Henris Roofing
Petaluma, CA
Roofing /
$3,600
Golden State
Electrical
Petaluma, CA
Electrical /
$45,586
KBI
Petaluma, CA
Painting /
$10,000
Bay Cities Fire
Santa Rosa, CA
Fire Sprinklers /
$44,000
ACF Flooring
Benecia, CA
Flooring /
$43,438
Golden Gate
Acoustics San
Francisco, CA
Ceiling Tiles /
$15,000
WestPac
Healdsburg, CA
Earthwork/
Utilities /
$42,596
All County Flooring
Benecia, CA
Flooring /
$50,000
Lanway Santa
Rosa, CA
Concrete
Patching /
$27,080
Ellis Flooring
Santa Rosa, CA
Flooring /
$26,576
Golden State
Electrical
Petaluma, CA
Electrical /
$46,000
Azevedo
Plumbing
Windsor, CA
Plumbing /
$25,445
KBI
Petaluma, CA Painting / $7,250
AS Fire
Protection
Vallejo, CA
Fire Sprinkler /
$175,000
Fremont Millwork
Klamath Falls,
Oregon
Cabinetry /
$60,990
KBI
Petaluma, CA
Painting /
$10,000
Highpoint
Acoustics Santa
Rosa, CA
Ceilings /
$27,957
Rigo's Custom
Cabinets
Geyserville, CA
Cabinets &
Countertop /
$57,150
Fremont Millwork
Klamath Falls,
Oregon
CaseWork /
$61,000
Nordby Santa
Rosa, CA
Electrical /
$79,500
HTI
Santa Rosa, CA
Bath and Toilet
Accessories /
$2,205
Lasley Mechanical
Penngrove, CA
Mechanical /
$6,000
Bay Cities Fire
Santa Rosa, CA
Fire Sprinklers
/ $45,000
Northbay Drywall
Cotati, CA
Drywall /
$12,268
Bay Cities Fire
Santa Rosa, CA
Fire Sprinklers
/ $44,000
AMG
Oakland, CA
Demo /
$10,000
Division 9
Rohnert Park, CA
Acoustical
Ceilings /
$16,000
Bay Cities Fire
Santa Rosa, CA
Fire Sprinklers /
$44,000
Division 9
Rohnert Park, CA
Acoustical
Ceilings /
$16,000
Azevedo Plumbing
Windsor, CA
Plumbing /
$25,500
Cash Carpets
Willits, CA
Flooring /
$33,900
Highpoint
Acoustics Santa
Rosa, CA
Ceilings /
$27,957
WestPac
Healdsburg, CA
SiteWork /
$53,000
VPI
Sacramento, CA Paint / $7,435
Azevedo
Plumbing
Windsor, CA
Plumbing /
$25,425
KBI
Petaluma, CA
Painting /
$7,250
Golden State
Electrical
Petaluma, CA
Electrical /
$46,000
Dunn Rite Painting
Ukiah, CA
Painting /
$9,480
Azevedo Plumbing
Windsor, CA
Plumbing /
$25,445
Pacifc Coast
Cutters
Petaluma, CA
Saw Cutting /
$4,500
Pike Mechanical
Woodland, CA HVAC / $5,000
Ellis Flooring
Santa Rosa, CA
Flooring /
$27,376
Pacifc Coast
Cutters
Petaluma, CA
Saw Cutting &
Demo / $4,000
Bay Cities Fire
Santa Rosa, CA
Fire Sprinklers
/ $44,000
Lasley Mechanical
Penngrove, CA
HVAC /
$6,000
Division 9
Rohnert Park, CA
Acoustical
Ceilings /
$16,000
Golden State
Electric Santa
Rosa, CA
Electrical /
$45,586
Northern Pacific
Drywall Santa
Rosa, CA
Drywall /
$8,461
Division 9
Rohnert Park, CA
Acoustical
Ceilings /
$18,000
Azevedo Plumbing
Windsor, CA
Plumbing /
$25,445
BT Mancini
Santa Rosa, CA
Flooring /
$52,500
W.R. Forde
Richmond, CA
Sitework /
$83,237
Baier Heating and
Air Conditioning
Rohnert Park, CA
HVAC /
$15,990
Azevedo Plumbing
Windsor, CA
Plumbing /
$26,000
Cal West
Acoustics
Petaluma, CA
Acoustical /
$18,890
Fremont Millwork
Klamath Falls,
Oregon
CaseWork /
$60,990
Universal
Plastics
Roseville, CA FRP / $4,034
Murray Building
$495,000.00
GCCI, Inc.
$575,000.00
BEAM Construction
$766,000.00
FRC, Inc.
$474,750.00
Carr Construction
$449,000.00
James Day Construction
$681,889.00
DMR Builders
$447,686.00
CWS Construction Group
Inc.
$685,000.00
8.B.b
Packet Pg. 627 Attachment: Bid Summary (3983 : Preschool Facility Improvements)
8.B.c
Packet Pg. 628 Attachment: Carr's Construction Protest (3983 : Preschool Facility Improvements)
8.B.c
Packet Pg. 629 Attachment: Carr's Construction Protest (3983 : Preschool Facility Improvements)
8.B.c
Packet Pg. 630 Attachment: Carr's Construction Protest (3983 : Preschool Facility Improvements)
8.B.c
Packet Pg. 631 Attachment: Carr's Construction Protest (3983 : Preschool Facility Improvements)
8.B.c
Packet Pg. 632 Attachment: Carr's Construction Protest (3983 : Preschool Facility Improvements)
DMR BUILDERS
2725 Guerneville Rd. Feb 17, 2022
Santa Rosa, CA 95401
Tyler Kettman
Central Services Manager
City of Healdsburg
550 West Road
Healdsburg CA 95448
Re: Response to Carr’s Construction Protest Letter for the Healdsburg Community Center Pre-school Project
In response to the protest letter from Carr’s Construction Services, Inc. DMR Builders has closely reviewed the plans and specs and clearly Carr’s grounds for the protest are invalid.
The moisture testing and concrete preparation were presented to us as an alternate as we have the option to self-perform. The shot blasting will be self-performed by DMR Builders. Carr’s Construction has not thoroughly read Ellis Flooring’s proposal since it clearly shows that sections 09 65 19 and 09 65 16 are covered under their proposal which does include using the Specified 1.9 Extended System Limited Warranty using Armstrong S-464 Prime Strong. Please see attached email from Ellis Flooring.
Carr’s Construction listed All County Flooring as their flooring subcontractor, who proposed using Uzin EP460 moisture system, which is not called out in the specs. Additionally, If this system were to be used, the Extended System Limited Warranty would not be valid.
Carr’s Construction also list ACF contract price at $50.000, however, their total with ALTs included reflects a contract price of $48,838.00.
As evidenced, DMR Builders has thoroughly examined the project plans and is more than qualified to perform the work required to complete the project. Thus, the protest from Carr’s Construction should be denied.
8.B.d
Packet Pg. 633 Attachment: DMR Builders Bid Protest Response (3983 : Preschool Facility Improvements) Regards,
Godemar Da Silva Jr, President
DMR BUILDERS
8.B.d
Packet Pg. 634 Attachment: DMR Builders Bid Protest Response (3983 : Preschool Facility Improvements)
8.B.d
Packet Pg. 635 Attachment: DMR Builders Bid Protest Response (3983 : Preschool Facility Improvements) Ellis Flooring Inc.
515 Frazier Avenue
Santa Rosa, CA 95404
Tel: (707) 792-2151
Fax: (707) 521-9333
CA DGS SB(MB)/DVBE #2000426
DATE: February 13, 2023
PROJECT:
BID DATE: February 13, 2023
BID TIME: 2:00 PM
SCOPE OF WORK:
1 2 SECTION 09 65 16-RESILIENT SHEET FLOORING- -Forbo Marmoleum Fresco sheet goods.
QUALIFICATIONS:
1 2
3 LVL-Armstrong Natural Creations 6" x48", color NA160-Ironwood,Sands Of Time in Room 135. 4 Sheet goods-Forbo Fresco 3251 Lemon Zest in Room 132 with 6" self-coving. 5 6 Rubber Base-Burke Unicolor 4 " cove Color 217 Charcoal Gray in Room 134. 7 Rubber Base-Burke Unicolor 4 " cove Color 523 Blackbrown in Room 135. 8 9 Attic stock as specified.
10 11
EXCLUSIONS:
1 2
3 4
5 6
7 8
9 OCIP/CCIP/Wrap Insurance participation not included in pricing.
BASE BID:
ALTERNATES: ADD 800.00
$ 5,000.00
3) Add 3% for performance and/or payment bond if required.
Respectfully,
Ellis Flooring Inc.
David Miller
David Miller
Ellis Flooring Inc. guarantees premium quality flooring products and installation by manufacturer-certified and trained UNION installers. Our field technicians will continue to assist your client with follow-up maintenance and warranty support. Ellis Flooring Inc. will gladly supply extensive project references on request. We thank you for the opportunity to present this proposal. Pricing on this proposal is valid for a period of 45 days from the bid date.
Material patterns, logo's and insets.
Testing of concrete for moisture emission rate and alkalinity beyond the manufacturer's allowable limits. Note: moisture testing will be required by manufacturer instructions. $ 26,576.36
Demolition of existing flooring and adhesives.
Extra; floor patch, repair, leveling compounds, and underlayment required to mitigate floor conditions beyond ASTM standards.
Non-standard working hours.
Temporary heat and lighting.
Final cleaning, protection, and wax and or sealers, at all flooring areas.
Substrates shall be smooth and void of protrusions. Substrates shall be free from curing, sealing, parting and hardening compounds: residual adhesives; adhesive removers; and other foreign materials that prevent adhesive bond. Substrates shall be free of dusting, mold & mildew.
1) Testing of concrete for moisture emission rate and alkalinity beyond the manufacturer's allowable limits.
2) Section 09-0511 Preperation of Concrete For Finish Flooring 2500 sq ft All materials to be as specified.
Prices are subject to change if applicable tariffs and/or manufacturer price or freight increases are enacted. Pricing is good for 45 days from the bid date on this proposal.
Sheet goods- Forbo Fresco 3262 Marigold in Room133 with 6" self-coving.
Healdsburg Community Center Pre-School
SECTION 09 65 19 LUXUARY VINYL LAMINATE FLOORING-Armstrong Natural Creations LVL 6" x 48".
We are pleased to submit a proposal for the above mentioned project. Our price is based on plans and specifications prepared by Amadeida Architecture, dated 1/14/2019. We note five Addendum.
CA Contractor Lic. #1007271
CA.DIR # 1000035456
LVL-Armstrong Natural Creations 6" x48", color NA183-Galena Oak Timber in Room 134.
All floors to be ready and swept clean.
Sales tax included in base bid.
REVISED
PROPOSAL
8.B.d
Packet Pg. 636 Attachment: DMR Builders Bid Protest Response (3983 : Preschool Facility Improvements)
ALL COUNTY FLOORING
P.O. Box 965 Benicia, CA 94510
PH: (707) 205-4229FAX: (866) 321-2909
Ca.Contractor Lic. #988380
Certified California Small Business # 1757291
DIR #: 1000004884
PROJECT: BID DATE: BID TIME:
ARCHITECT: ADDENDA: PLANS DATED:
Scope of Work:
QUALIFICATIONS:
1. 2.
3. 4.
5. 6. All floors to be ready and swept clean.
7. Sales tax included in base bid.
EXCLUSIONS: (Unless noted above)
1. Material patterns, logo's and insets.
2. 3.
4. 5. Concrete joints (Cold Joints, Expansion Joints), crack filler, electrical boxes and saw cuts.
6. Any adjustment required for any floor drain is to be done by others,
7. All Restrooms must have Partitions & Toilets Removed before installation starts, by others
8. Final cleaning, protection, and wax at hard surface areas.
9. Non-standard working hours.
10. Temporary heat and lighting.
BASE BID - Total Materials, Freight, Tax and Labor
ALTERNATES:
2. 3.
NOTES: 1.
2. Terms are net 30 days.
3. The prices listed on this proposal are valid for a period of 1 month. (30 days) from date issued.
4. 5. Material billing will be done in the month it is ordered.
6. SUBMITTED BY: DATE: TELEPHONE:
Ahmed Kosba
Furnish and install Uzin EP460 moisture system including Grinding/Shot Blasting, primer and Uzin NC150 self-leveling compound. ADD >>>
We are pleased to submit a proposal for the below mentioned project. Our price is based on specifications and conditions listed below for areas shown in attached diagram, any area not on the diagram is not included in the proposal. 2/8/2023 707-303-5086
January 14, 2019
Healdsburg Community Center - Preschool Improvments
Alameida Architecture
Any substance that appears to have Asbestos will have to be tested by others any substance that indeed is Asbestos will not be removed by ACF.
If this proposal is accepted, please sign our notice to proceed, and submit your purchase order or executed contract before work begins.
If a performance bond is required please furnish All County Flooring with the pertinent details. The cost will be added to the above price.
Prepare concrete substrate limited to skim coating as required. See attached standard concrete slab preparation letter.
Furnish and install Armstrong Natural Creation Luxury Vinyl Plans 6" X 36", color: F1 - NA183 - Galena Oak Timber & F2 - Ironwood Oak Sands of Time.
Furnish and install Forbo Marmoleum linoleum sheey, colors. F3: 3251 Lemon Zest & F4: 3262 Marigold. To be installed with 6" integral cove. Seams to be heat welded.
Furnish and install Burke 4" Coved Rubber Wall Base, color: B1- Charcoal & B2 - Blackbrown.
SECTION 09-6516 RESILIENT SHEET FLOORING
SECTION 09-6519 LUXURY VINYL LAMINATED (LVL) FLOORING
Attic Stock as specified.
$15,186.00
1. Perform concrete relative humidity testing. ADD >>> $850.00 $3,550.00 Mechanically Clean existing concrete substrate including grinding/shot blasting. ADD >>
RH testing, remediation of concrete substrates for moisture vapor emission, RH and alkalinity. $ 28,252.00
Demolition of existing flooring. Removal (mechanical or otherwise) of substrate coatings and other substances that are incompatible with adhesives for new Flooring. 2/13/2023 2:00 PM
5 Removal of old floor patch and/or old adhesive, repair's, ramping, screeding, leveling compounds, sound control of any kind and underlayment.
FLOORING PROPOSAL
8.B.d
Packet Pg. 637 Attachment: DMR Builders Bid Protest Response (3983 : Preschool Facility Improvements)
8.B.d
Packet Pg. 638 Attachment: DMR Builders Bid Protest Response (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
PREPARATION OF CONCRETE FOR FINISH FLOORING 09-0511 - 1 SECTION 09-0511 - PREPARATION OF CONCRETE FOR FINISH FLOORING PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Mechanical cleaning of new concrete floor surfaces for application of the following finishes:
a. Sealers.
b. Coatings.
1.3 RELATED REQUIREMENTS
A. Section 01-6110 - CalGreen Design Requirements.
B. Section 01-6116 - Volatile Organic Compound (VOC) Content Restrictions.
C. Section 03-3000 - Cast-In-Place Concrete for concrete floor slabs.
D. Section 07-2500 – Vapor Retarder.
E. Division 9 Sections for applied floor finishes.
1.4 REFERENCES
A. California Code of Regulations, Title 24, Part 11 California Green Building Standards Code, "CAL-Green".
B. California Code of Regulations, Title 24, Part 2, California Building Code (CBC), International Building Code 2012, with 2013 California Amendments.
1.5 ADMINSTRATIVE REQUIREMENTS
A. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination."
1. Review conditions affecting substrate preparation.
8.B.e
Packet Pg. 639 Attachment: Techical Specifications 09-0511 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-0511 - 2 PREPARATION OF CONCRETE FOR FINISH FLOORING
2. Review procedures that will be used for substrate preparation.
3. Require attendance by Water Vapor Emission Control and Finish Flooring installers to review preparation requirements of floor finish product and flooring adhesive manufacturers
1.6 SUBMITTALS
A. Product Data: For each type of mechanical cleaning equipment used on the project.
B. Informational Submittals
1. Qualification Data: For Installer performing surface preparation.
2. Field quality-control reports.
a. Submit report of observations.
b. Certify installation is complete in accordance with
manufacturer's instructions.
c. Indicate supplementary instructions provided for Project specific conditions.
1.7 QUALITY ASSURANCE
A. Installer Qualifications: An entity that employs installers and supervisors who are trained in the use of the equipment and techniques required to produce the specified results.
B. Mockups: Provide field mockups to set quality standards for surface preparation execution and for preconstruction testing.
1. Provide mockup of typical surface preparation, minimum 100 sq. ft. area. Coordinate required size with requirements for preconstruction testing.
2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing.
3. Subject to compliance with requirements, approved mockups may become part of the completed Work when undisturbed at time of Substantial Completion.
8.B.e
Packet Pg. 640 Attachment: Techical Specifications 09-0511 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
PREPARATION OF CONCRETE FOR FINISH FLOORING 09-0511 - 3 PART 2 - PRODUCTS - NOT USED
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify new concrete floors have cured minimum 28 days.
B. Examine substrates, with Installer (s) present, for compliance with requirements for surface contamination, damage, and other conditions affecting performance of the Work.
C. Examine substrate to determine repairs required to restore substrate surface to be within tolerances required for floor finishes specified in other sections, prior to completing Work of this section.
D. Examine substrate to verify surfaces prepared in accordance with this section will be suitable for application of finishes specified in other sections.
E. Prepare written report, endorsed by Installer, listing conditions detrimental to performance with recommendations for methods and materials required to correct conditions before proceeding with work of this section.
F. Proceed with surface preparation only after unsatisfactory conditions have been corrected. 1. Proceeding with surface preparations indicates acceptance of surfaces and conditions of substrate.
3.2 SURFACE PREPARATION EQUIPMENT
A. Mechanical Cleaning Equipment Automatic, dry shot blast type, self contained capable of recycling blast materials and collecting surface abrasions.
3.3 SURFACE PREPARATION
A. Mechanically clean concrete substrate and create surface profile in existing concrete substrate in accordance with ASTM D 4259.
1. Mechanically clean concrete substrate to remove surface and penetrating contaminates to produce a surface profile of ICRI CSP 3 minimum, and greater as required by coating manufacturer in related sections, all in accordance with ICRI Technical Bulletin No. 03732.
2. Acceptable substrate surfaces will be free of laitance, oil, grease, flooring adhesive, paint, and other surface contaminates capable of affecting bond of specified floor finishes to concrete substrate.
8.B.e
Packet Pg. 641 Attachment: Techical Specifications 09-0511 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-0511 - 4 PREPARATION OF CONCRETE FOR FINISH FLOORING B. Repair surface irregularities after cleaning.
1. Fill bugholes, spalls, cracks, deteriorated joints and other surface damage exposed or created as a result of substrate cleaning operations flush with adjacent surfaces to provide sound substrate for specified floor finish.
C. Dry broom or vacuum clean concrete substrates immediately before application of specified floor finishes in accordance with ASTM D 4258 to remove loose materials on substrate surface.
3.4 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified testing and inspecting agency to perform the following filed tests and inspections and prepare test reports:
1. Visual inspection of completed substrate preparation to verify contamination is removed.
2. Visual inspection of completed substrate preparation to verify surface profile matches ICifi profile required for specified coating or finish, using ICRI standard rubber mold for visual comparison.
3. Prepare field quality control report Clearly indicate the locations, extents, and conditions of areas where surface preparation does not conform to specified profile and cleanliness. Document observed conditions with digital photographs.
4. Repeat inspections when additional surface preparation for unsatisfactory conditions indicated in the previous field quality control report
3.5 PROTECTION
A. Protect prepared concrete substrates from contamination. Reclean substrates that are contaminated by construction operations prior to installation of specified floor finishes.
END OF SECTION
8.B.e
Packet Pg. 642 Attachment: Techical Specifications 09-0511 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
RESILIENT SHEET FLOORING 09-6516 - 1
SECTION 09-6516 RESILIENT SHEET FLOORING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Flooring and accessories as shown on the drawings and schedules and as indicated by the requirements of this section.
B. Related Documents
1. Drawings and General Provisions of the Contract (including General and Supplementary Conditions and Division 1 sections) apply to the work of this section.
C. Related Sections:
1. Division 3 Concrete; not the work of this section
2. Division 7 Thermal and Moisture Protection; not the work of this section
3. Other Division 9 sections for floor finishes related to this section but not the work of this section
1.2 REFERENCES
A. ASTM International:
1. ASTM E 648 Standard Test Method for Critical Radiant Flux of FloorCovering Systems Using a Radiant Heat Energy Source
2. ASTM E 662 Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials
3. ASTM F 710 Standard Practice for Preparing Concrete Floors to Receive Resilient Flooring
4. ASTM F 1913 Standard Specification for Sheet Vinyl Floor Covering without Backing
5. ASTM F 1482, Standard Guide to Wood Underlayment Products Available for Use Under Resilient Flooring
6. ASTM F 1861 Standard Specification for Resilient Wall Base
8.B.f
Packet Pg. 643 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6516 - 2 RESILIENT SHEET FLOORING
7. ASTM F 1869 Standard Test Method for Measuring Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride
8. ASTM F 2170 Standard Test Method for Determining Relative Humidity in Concrete Floor Slabs Using in situ Probes
B. National Fire Protection Association (NFPA):
1. NFPA 253 Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source
2. NFPA 258 Standard Test Method for Measuring the Smoke Generated by Solid Materials
1.3 SYSTEM DESCRIPTION
A. Performance Requirements: Provide flooring which has been manufactured, fabricated, and installed to performance criteria certified by manufacturer without defects, damage, or failure.
B. Administrative Requirements
1. Pre-installation Meeting: Conduct an on-site pre-installation meeting to verify project requirements, substrate conditions, manufacturer’s installation instructions and manufacturer’s warranty requirements.
Comply with Division 1 Project Management and Coordination (Project Meetings) Section.
2. Pre-installation Testing: Conduct pre-installation testing as follows:
[Specify testing (i.e., moisture tests, bond test, pH test, etc.)
1. Pre-installation Testing: Conduct pre-installation testing as follows:
a. Relative Humidity Moisture tests
b. Bonding Adherence tests
c. Concrete PH tests
C. Test Installations/ Mock-ups: Install at the project site a job mock-up using acceptable products and manufacturer approved installation methods, including concrete substrate testing. Obtain Owner’s and Consultant’s acceptance of finish color, texture and pattern, and workmanship standards.
1. Mock-Up Size: 4' x 4' area.
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Packet Pg. 644 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
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RESILIENT SHEET FLOORING 09-6516 - 3
2. Maintenance: Maintain mock-up during construction for workmanship comparison; remove and legally dispose of mock-up when no longer required.
3. Incorporation: Mock-up may be incorporated into the final construction with Owner's approval.
D. Sequencing and Scheduling
1. Install flooring and accessories after the other finishing operations, including painting, have been completed. Close spaces to traffic during the installation of the flooring.
2. Do not install flooring over concrete slabs until they are sufficiently dry to achieve a bond with the adhesive, in accordance with the manufacturer's recommended bond, moisture tests and pH test.
1.4 SUBMITTALS
A. Submit shop drawings, seaming plan, coving details, and manufacturer's technical data, installation and maintenance instructions for flooring and accessories.
B. Submit the manufacturer's standard samples showing the required colors for flooring, welding rods, and applicable accessories.
C. Submit Safety Data Sheets (SDS) available for adhesives, weld rod, moisture mitigation systems, primers, patching/leveling compounds, floor finishes (polishes) and cleaning agents and Material Information Sheets for flooring products.
D. If required, submit the manufacturer's certification that the flooring has been tested by an independent laboratory and complies with the required fire tests.
E. Closeout Submittals: Submit the following:
1. Operation and Maintenance Data: Operation and maintenance data for installed products in accordance with Division 1 Closeout Submittals (Maintenance Data and Operation Data) Section. Include methods for maintaining installed products, and precautions against cleaning materials and methods detrimental to finishes and performance.
2. Warranty: Warranty documents specified herein
1.5 QUALITY ASSURANCE
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Packet Pg. 645 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6516 - 4 RESILIENT SHEET FLOORING
A. Single-Source Responsibility: provide types of flooring and accessories supplied by one manufacturer, including moisture mitigation systems, primers, leveling and patching compounds, and adhesives.
B. Select an installer who is experienced and competent in the installation of Armstrong resilient sheet flooring [using heat-welded seams] [using Armstrong Flooring S-761 Seam Adhesive method] and the use of Armstrong Flooring subfloor preparation products.
1. Engage installers certified as Armstrong Commercial Flooring Certified Installers
2. Confirm installer's certification by requesting their credentials C. Fire Performance Characteristics: Provide resilient vinyl sheet flooring with the following fire performance characteristics as determined by testing material in accordance with ASTM test methods indicated below by a certified testing laboratory or other testing agency acceptable to authorities having jurisdiction:
1. ASTM E 648 Critical Radiant Flux of 0.45 watts per sq. cm. or greater, Class I
2. ASTM E 662 (Smoke Generation) Maximum Specific Optical Density of 450 or less
1.6 DELIVERY, STORAGE, AND HANDLING
A. Comply with Division 1 Product Requirements Sections B. Comply with manufacturer's ordering instructions and lead time requirements to avoid construction delays.
C. Deliver materials in good condition to the jobsite in the manufacturer's original unopened containers that bear the name and brand of the manufacturer, project identification, and shipping and handling instructions.
D. Store materials in a clean, dry, enclosed space off the ground, protected from harmful weather conditions and at temperature and humidity conditions recommended by the manufacturer. Protect adhesives from freezing. Store flooring, adhesives, and accessories in the spaces where they will be installed for at least 48 hours before beginning installation.
1.7 PROJECT CONDITIONS
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Packet Pg. 646 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
RESILIENT SHEET FLOORING 09-6516 - 5
A. Maintain a minimum temperature in the spaces to receive the flooring and accessories of 65ºF (18ºC) and a maximum temperature of 100ºF (38ºC) for at least 48 hours before, during, and for not less than 48 hours after installation.
Thereafter, maintain a minimum temperature of 55ºF (13ºC) in areas where work is completed. Protect all materials from the direct flow of heat from hotair registers, radiators, or other heating fixtures and appliances. Refer to product installation recommendations for a complete guide on project conditions.
1.8 LIMITED WARRANTY
A. Resilient Flooring: Submit a written warranty executed by the manufacturer, agreeing to repair or replace resilient flooring that fails within the warranty period.
B. Limited Warranty Period: 10 years.
C. The Limited Warranty shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under the requirements of the Contract Documents.
D. For the Limited Warranty to be valid, this product is required to be installed using the appropriate Armstrong Flooring Guaranteed Installation System.
Product installed not using the specific instructions from the Guaranteed Installation System will void the warranty.
1.9 EXTENDED SYSTEM LIMITED WARRANTY
A. Resilient Flooring System: Submit a written warranty executed by the manufacturer, agreeing to repair or replace system (subfloor preparation products, adhesive, and floor covering) that fails within the warranty period.
B. Limited Warranty Period:10 years on top of the Resilient Flooring Limited Warranty
C. S-464 Prime Strong™ acrylic primer for porous substrates.
D. The installation of an Armstrong Flooring product along with the recommended Armstrong Flooring adhesive, as well as any one of the Strong System subfloor preparation products listed above, provides 10 additional years of limited warranty coverage. The Strong System limited warranty covers the installation integrity for the length of the flooring product warranty plus 10 years. To qualify for the Strong System Warranty, any subfloor
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Packet Pg. 647 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6516 - 6 RESILIENT SHEET FLOORING
preparation product needed for an installation must be an Armstrong Flooring product.
E. For the System Limited Warranty to be valid, this product is required to be installed using the appropriate Armstrong Flooring Guaranteed Installation System. Product installed not using the specific instructions from the Guaranteed Installation System will void the warranty.
F. When Armstrong Flooring Strong System subfloor preparation products are used with other manufacturers’ floor coverings, adhesives, or other subfloor preparation products, Armstrong Flooring warrants our products to be free from manufacturing defects from the date of purchase through the limited warranty period of 20 years.
1.10 MAINTENANCE
A. Extra Materials: Deliver extra materials to Owner. Furnish extra materials from same production run as products installed. Packaged with protective covering for storage and identified with appropriate labels.
1. Quantity: Furnish quantity of flooring units equal to 5 % of amount installed.
2. Delivery, Storage and Protection: Comply with Owner's requirements for delivery, storage, and protection of extra material.
PART 2 - PRODUCTS
2.1 MANUFACTURER
A. Resilient sheet flooring, wall base, adhesives, and accessories:
1. Armstrong Flooring Inc., 1770 Hempstead Road, Lancaster, PA 17605, www.armstrongflooring.com/commercial.
2. Manufacturer must have a headquarters in the United States of America.
2.2 RESILIENT SHEET FLOORING MATERIALS
A. Provide Homogeneous Sheet Vinyl Flooring: Medintone™ with Diamond 10® Technology manufactured by Armstrong Flooring Inc or pre-approved equal.
1. Description: An unbacked, nonlayered, homogeneous sheet vinyl flooring. Protected by a diamond-infused UV-cured polyurethane finish, the colors and pattern detail are dispersed uniformly throughout
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Packet Pg. 648 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
RESILIENT SHEET FLOORING 09-6516 - 7
the thickness of the product. Color pigments are insoluble in water and resistant to cleaning agents and light.
2. Homogeneous sheet flooring shall conform to the requirements of ASTM F1913 Standard Specification for Vinyl Sheet Floor Covering Without Backing
3. Pattern and Color: from the range currently available from Armstrong Flooring Inc.
4. Width: 6 ft. 7 in. (2.0 m).
5. Length: up to 65.6 lineal feet (20 meters)
6. Thickness: 0.080 in. (2.0 mm)
B. Weld Rod:
1. Provide solid color vinyl weld rod as produced by Armstrong Flooring Inc. and intended for heat welding of seams. Color selected from the range currently available from Armstrong Flooring Inc.
C. Seam Adhesive:
1. Provide Armstrong Flooring S-761 Seam Adhesive at seams as recommended by the resilient flooring manufacturer.
2.3 PRODUCT SUBSTITUTION
A. Substitutions: Any Proposed substitution to be presented by bidder and approved by architect prior to bid submission.
2.4 WALL BASE MATERIALS
A. For integral flash cove base: Provide integral flash cove wall base by extending sheet flooring 6 in. up the wall using adhesive, welding rod, and accessories recommended and approved by the flooring manufacturer.
2.5 ADHESIVES
A. Provide Armstrong S-995 Vinyl Sheet Flooring Adhesive Premium Commercial adhesive for field areas and Armstrong S-580 Flash Cove Adhesive at flash covingas recommended by the flooring manufacturer.
2.6 ACCESSORIES
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Packet Pg. 649 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6516 - 8 RESILIENT SHEET FLOORING
A. For patching, smoothing, and leveling monolithic subfloors (concrete, terrazzo, quarry tile, ceramic tile, and certain metals), provide Armstrong S194 Cement-Based Patch, Underlayment and Embossing Leveler / S-195 Underlayment Additive
B. Provide top edge trim caps of anodized aluminum for integral flash cove as approved by the Architect.
C. Provide a fillet support strip for integral cove base with a minimum radius of 1 in. (2.54 cm) of wood or plastic.
D. Provide transition/reducing strips tapered to meet abutting materials.
E. Provide resilient edge strips of width shown on the drawings, of equal gauge to the flooring as selected by the Architect from standard colors available.
F. Provide metal edge strips of width shown on the drawings and of required thickness to protect exposed edges of the flooring. Provide units of maximum available length to minimize the number of joints. Use butt-type metal edge strips for concealed anchorage or overlap.
PART 3 - EXECUTION
3.1 MANUFACTURER’S INSTRUCTIONS
A. Compliance: Comply with manufacturer’s product data, including technical bulletins, product catalog, installation instructions, and product carton instructions for installation and maintenance procedures as needed.
3.2 EXAMINATION
A. Site Verification of Conditions: Verify substrate conditions (which have been previously installed under other sections) are acceptable for product installation in accordance with manufacturer's instructions (i.e., moisture tests, bond test, pH test, etc.).
B. Visually inspect flooring materials, adhesives, and accessories prior to installation. Flooring material with visual defects shall not be installed and shall not be considered as a legitimate claim.
C. Examine subfloors prior to installation to determine that surfaces are smooth and free from cracks, holes, ridges, and other defects that might prevent adhesive bond or impair durability or appearance of the flooring material.
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Packet Pg. 650 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
RESILIENT SHEET FLOORING 09-6516 - 9
D. Inspect subfloors prior to installation to determine that surfaces are free from curing, sealing, parting and hardening compounds; residual adhesives; adhesive removers; and other foreign materials that might prevent adhesive bond. Visually inspect for evidence of moisture, alkaline salts, carbonation, dusting, mold, or mildew.
E. Report conditions contrary to contract requirements that would prevent a proper installation. Do not proceed with the installation until unsatisfactory conditions have been corrected.
F. Failure to call attention to defects or imperfections will be construed as acceptance and approval of the subfloor. Installation indicates acceptance of substrates regarding conditions existing at the time of installation.
3.3 PREPARATION
A. Subfloor Preparation: Smooth concrete surfaces, removing rough areas, projections, ridges, and bumps, and filling low spots, control or construction joints, and other defects with Armstrong Flooring S-194 Cement-Based Patch, Underlayment and Embossing Leveler / S-195 Underlayment Additive as recommended by the flooring manufacturer. Refer to the product installation recommendations and ASTM F 710 Standard Practice for Preparing Concrete Floors to Receive Resilient Flooring for additional information on subfloor preparation.]
B. Subfloor Cleaning: The surface shall be free of dust, solvents, varnish, paint, wax, oil, grease, sealers, release agents, curing compounds, residual adhesive, adhesive removers, and other foreign materials that might affect the adhesion of resilient flooring to the concrete or cause a discoloration of the flooring from below. Remove residual adhesives as recommended by the flooring manufacturer. Remove curing and hardening compounds not compatible with the adhesives used, as indicated by a bond test or by the compound manufacturer's recommendations for flooring. Avoid organic solvents. Spray paints, permanent markers and other indelible ink markers must not be used to write on the back of the flooring material or used to mark the concrete slab as they could bleed through, telegraphing up to the surface and permanently staining the flooring material. If these contaminants are present on the substrate, they must be mechanically removed prior to the installation of the flooring material. Refer to the product installation recommendations and ASTM F 710 Standard Practice for Preparing Concrete Floors to Receive Resilient Flooring for additional information on subfloor preparation.
C. Concrete pH Testing: Perform pH tests on concrete floors regardless of their age or grade level. All test results shall be documented and retained.
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Packet Pg. 651 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6516 - 10 RESILIENT SHEET FLOORING
3.4 INSTALLATION OF FLOORING
A. Install flooring in strict accordance with the latest edition of the flooring installation recommendations. Failure to comply may result in voiding the manufacturer’s warranty listed in Section 1.08.
B. Install flooring wall to wall before the installation of floor-set cabinets, casework, furniture, equipment, movable partitions, etc. Extend flooring into toe spaces, door recesses, closets, and similar openings as shown on the drawings.
C. Scribe, cut, and fit or flash cove to permanent fixtures, columns, walls, partitions, pipes, outlets, and built-in furniture and cabinets.
D. Adhere flooring to the subfloor without cracks, voids, raising and puckering at the seams. Roll with a 100-pound (45.36 kilogram) roller in the field areas.
Hand-roll flooring at the perimeter and the seams to assure adhesion. Refer to specific rolling instructions of the flooring manufacturer.
E. Lay flooring to provide a minimum number of seams. Avoid cross seams, filler pieces, and strips. Match edges for color shading and pattern at the seams in compliance with the manufacturer's recommendations.
F. Install flooring with adhesives, tools, and procedures in strict accordance with the manufacturer's written instructions. Observe the recommended adhesive trowel notching, open times, and working times.
G. Prepare heat-welded seams with special routing tool supplied for this purpose and heat weld with vinyl welding rod in seams.] [Prepare sealed seams with special seam adhesive supplied for this purpose. Use methods and sequence of work in conformance with written instructions of the flooring manufacturer.
Finish all seams flush and free from voids, recesses, and raised areas.
H. Provide integral flash cove wall base including cove fillet support strip and top edge cap trim. Construct flash cove base in accordance with the flooring manufacturer's instructions. Heat-weld seams] as specified for those on the floor.
3.5 INSTALLATION OF ACCESSORIES
A. Apply top set wall base to walls, columns, casework, and other permanent fixtures in areas where top-set base is required. Install base in lengths if practical, with inside corners fabricated from base materials that are mitered or coped. Tightly bond base to vertical substrate with continuous contact at horizontal and vertical surfaces.
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Packet Pg. 652 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
RESILIENT SHEET FLOORING 09-6516 - 11
B. Fill voids with plastic filler along the top edge of the resilient wall base or integral cove cap on masonry surfaces or other similar irregular substrates.
C. Place resilient edge strips tightly butted to flooring, and secure with adhesive recommended by the edge strip manufacturer. Install edge strips at edges of flooring that would otherwise be exposed.
D. Apply metal edge strips where shown on the drawings. Secure units to the substrate, complying with the edge strip manufacturer's recommendations.
3.6 CLEANING
A. Perform initial and on-going maintenance according to the latest edition of the maintenance recommendations for Homogeneous Sheet Flooring.
3.7 PROTECTION
A. Protect installed flooring as recommended by the flooring manufacturer against damage from rolling loads, other trades, or the placement of fixtures and furnishings. (See Finishing the Job in the latest edition of Armstrong Flooring Guaranteed Installation Systems manual.
END OF SECTION
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Packet Pg. 653 Attachment: Techical Specifications 09-6516 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
LUXURY VINYL LAMINATED (LVL) FLOORING 09-6519 - 1
SECTION 09-6519 LUXURY VINYL LAMINATED (LVL) FLOORING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
B. Flooring and accessories as shown on the drawings and schedules and as indicated by the requirements of this section.
C. Related Documents
1. Drawings and General Provisions of the Contract (including General and Supplementary Conditions and Division 1 sections) apply to the work of this section.
D. Related Sections:
1. Division 3 Concrete; not the work of this section
2. Division 6 Wood and Plastics; not the work of this section
3. Division 7 Thermal and Moisture Protection; not the work of this section
1.2 REFERENCES
A. Armstrong Flooring Technical Manuals:
B. Armstrong Flooring Guaranteed Installation Systems instructions.
C. ASTM International:
1. ASTM E 648 Standard Test Method for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source
2. ASTM E 662 Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials
3. ASTM F 710 Standard Practice for Preparing Concrete Floors to Receive Resilient Flooring
4. ASTM F 1482, Standard Guide to Wood Underlayment Products Available for Use Under Resilient Flooring
5. ASTM F 1700 Standard Specification for Solid Vinyl Tile
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Packet Pg. 654 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6519 - 2 LUXURY VINYL LAMINATED (LVL) FLOORING
6. ASTM F 1861 Standard Specification for Resilient Wall Base
7. ASTM F 1869 Standard Test Method for Measuring Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride
8. ASTM F 2170 Standard Test Method for Determining Relative Humidity in Concrete Floor Slabs Using in situ Probes
1.3 SYSTEM DESCRIPTION
A. Performance Requirements: Provide flooring which has been manufactured, fabricated, and installed to performance criteria certified by manufacturer without defects, damage, or failure.
B. Administrative Requirements
1. Pre-installation Meeting: Conduct an on-site pre-installation meeting to verify project requirements, substrate conditions, manufacturer’s installation instructions and manufacturer’s warranty requirements.
Comply with Division 1 Project Management and Coordination (Project Meetings) Section.
2. Pre-installation Testing: Conduct pre-installation testing as follows:
a. Relative Humidity Moisture tests
b. Bonding Adherence tests
c. Concrete PH tests
C. Test Installations/ Mock-ups: Install at the project site a job mock-up using acceptable products and manufacturer approved installation methods, including concrete substrate testing. Obtain Owner’s and Consultant’s acceptance of finish color, texture and pattern, and workmanship standards.
1. Mock-Up Size: 3' x 8' area.
2. Maintenance: Maintain mock-up during construction for workmanship comparison; remove and legally dispose of mock-up when no longer required.
3. Incorporation: Mock-up may be incorporated into the final construction with Owner's approval.
D. Sequencing and Scheduling
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Packet Pg. 655 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
LUXURY VINYL LAMINATED (LVL) FLOORING 09-6519 - 3
1. Install flooring and accessories after the other finishing operations, including painting, have been completed. Close spaces to traffic during the installation of the flooring.
2. Do not install flooring over concrete slabs until they are sufficiently dry to achieve a bond with the adhesive, in accordance with the manufacturer's recommended bond, moisture tests and pH test.
1.4 SUBMITTALS
A. Submit shop drawings, seaming plan, coving details, and manufacturer's technical data, installation, and maintenance instructions (latest edition of Armstrong Flooring Guaranteed Installation Systems instructions for flooring and accessories.
B. Submit the manufacturer's standard samples showing the required colors for flooring and applicable accessories.
C. Submit Safety Data Sheets (SDS) available for adhesives, moisture mitigation systems, primers, patching/leveling compounds, floor finishes (polishes) and cleaning agents and Material Information Sheets for flooring products.
D. If required, submit the manufacturer's certification that the flooring has been tested by an independent laboratory and complies with the required fire tests.
E. Closeout Submittals: Submit the following:
1. Operation and Maintenance Data: Operation and maintenance data for installed products in accordance with Division 1 Closeout Submittals (Maintenance Data and Operation Data) Section. Include methods for maintaining installed products, and precautions against cleaning materials and methods detrimental to finishes and performance.
2. Warranty: Warranty documents specified herein.
1.5 QUALITY ASSURANCE
A. Single-Source Responsibility: provide types of flooring and accessories supplied by one manufacturer, including moisture mitigation systems, primers, leveling and patching compounds, and adhesives.
B. Select an installer who is experienced and competent in the installation of Armstrong resilient solid vinyl tile flooring and the use of Armstrong Flooring subfloor preparation products.
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Packet Pg. 656 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6519 - 4 LUXURY VINYL LAMINATED (LVL) FLOORING
1. Engage installers certified as Armstrong Commercial Flooring Certified Installers
2. Confirm installer's certification by requesting their credentials C. Fire Performance Characteristics: Provide resilient tile flooring with the following fire performance characteristics as determined by testing material in accordance with ASTM test methods indicated below by a certified testing laboratory or other testing agency acceptable to authorities having jurisdiction:
1. ASTM E 648 (NFPA 253) Critical Radiant Flux of 0.45 watts per sq. cm. or greater, Class I
2. ASTM E 662 (NFPA 258) (Smoke Generation) Maximum Specific Optical Density of 450 or less
1.6 DELIVERY, STORAGE AND HANDLING
A. Comply with Division 1 Product Requirements Sections.
B. Comply with manufacturer's ordering instructions and lead time requirements to avoid construction delays.
C. Deliver materials in good condition to the jobsite in the manufacturer's original unopened containers that bear the name and brand of the manufacturer, project identification, and shipping and handling instructions.
D. Store materials in a clean, dry, enclosed space off the ground, protected from harmful weather conditions and at temperature and humidity conditions recommended by the manufacturer. Protect adhesives from freezing. Store flooring, adhesives, and accessories in the spaces where they will be installed for at least 48 hours before beginning installation.
1.7 PROJECT CONDITIONS
A. Maintain a minimum temperature in the spaces to receive the flooring and accessories of 65ºF (18ºC) and a maximum temperature of 85ºF (29ºC) for at least 48 hours before, during, and for not less than 48 hours after installation. Thereafter, maintain a minimum temperature of 55ºF (13ºC) in areas where work is completed. Protect all materials from the direct flow of heat from hot-air registers, radiators, or other heating fixtures and appliances. Refer to the Armstrong Flooring Guaranteed Installations Systems instructions for a complete guide on project conditions.
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Packet Pg. 657 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
LUXURY VINYL LAMINATED (LVL) FLOORING 09-6519 - 5
1.8 LIMITED WARRANTY
A. Resilient Flooring: Submit a written warranty executed by the manufacturer, agreeing to repair or replace resilient flooring that fails within the warranty period.
B. Limited Warranty Period: 20 years for Exchange™ or Natural Creations ™ Luxury Flooring.
C. The Limited Warranty shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under the requirements of the Contract Documents.
D. For the Limited Warranty to be valid, this product is required to be installed using the appropriate Armstrong Flooring Guaranteed Installation System. Product installed not using the specific instructions from the Guaranteed Installation System will void the warranty.
1.9 EXTENDED SYSTEM LIMITED WARRANTY
A. Resilient Flooring System: Submit a written warranty executed by the manufacturer, agreeing to repair or replace system (subfloor preparation products, adhesive, and floor covering) that fails within the warranty period.
B. Limited Warranty Period: 10 years on top of the Resilient Flooring Limited Warranty.
C. S-463 Level Strong™ cement based self-leveling compound].
D. The installation of an Armstrong Flooring product along with the recommended Armstrong Flooring adhesive, as well as any one of the Strong System subfloor preparation products listed above, provides 10 additional years of limited warranty coverage. The Strong System limited warranty covers the installation integrity for the length of the flooring product warranty plus 10 years. To qualify for the Strong System Warranty, any subfloor preparation product needed for an installation must be an Armstrong Flooring product.
E. For the System Limited Warranty to be valid, this product is required to be installed using the appropriate Armstrong Flooring Guaranteed Installation
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Packet Pg. 658 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6519 - 6 LUXURY VINYL LAMINATED (LVL) FLOORING
System. Product installed not using the specific instructions from the Guaranteed Installation System will void the warranty.
F. When Armstrong Flooring Strong System subfloor preparation products are used with other manufacturers’ floor coverings, adhesives, or other subfloor preparation products, Armstrong Flooring warrants our products to be free from manufacturing defects from the date of purchase through the limited warranty period of 15 years.
1.10 MAINTENANCE
A. Extra Materials: Deliver extra materials to Owner. Furnish extra materials from same production run as products installed. Packaged with protective covering for storage and identified with appropriate labels.
1. Quantity: Furnish quantity of flooring units equal to 5% of amount installed.
2. Delivery, Storage and Protection: Comply with Owner's requirements for delivery, storage, and protection of extra material.
PART 2 - PRODUCTS
2.1 MANUFACTURER
A. Resilient tile flooring, wall base, adhesives and subfloor preparation products and accessories:
1. Armstrong Flooring Inc., 1770 Hempstead Road, Lancaster, PA 17605, armstrongflooring.com/commercial
2. Pre -approved equal, see section 2.3 for substitution request.
3. Manufacturer must have a headquarters in the United States of America.
2.2 RESILIENT TILE FLOORING MATERIALS
A. Provide Exchange™, Natural Creations™ or other specified Luxury Flooring manufactured by Armstrong Flooring Inc.
1. Description: A layered construction consisting of a tough, clear, rigid vinyl wear layer protecting a high-fidelity print layer on a solid vinyl backing. Protected by a diamond-infused UV-cured polyurethane finish, the wear surface is embossed with different textures to enhance
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Packet Pg. 659 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
LUXURY VINYL LAMINATED (LVL) FLOORING 09-6519 - 7
each of the printed visuals. Colors are insoluble in water and resistant to cleaning agents and light.
2. Reference specification - ASTM F 1700, “Standard Specification for Solid Vinyl Tile", Class III, Type B – Embossed Surface. Meets requirements for size, squareness, thickness, thickness of wear layer, residual indentation, resistance to chemicals, resistance to light and resistance to heat.
3. Pattern and Color: in [%COLOR%] [color selected from the range currently available from Armstrong Flooring Inc.].
4. Size: [6 in. x 36 in. (152 mm x 914 mm)].
5. Wear layer thickness: 0.020 in. (0.5 mm).
6. Thickness: 0.100 in. (2.5 mm).
2.3 PRODUCT SUBSTITUTION
A. Substitutions: Any Proposed substitution to be presented by bidder and approved by architect prior to bid submission.
2.4 WALL BASE MATERIALS
A. For top set wall base: Provide 1/8 in. thick, 4 in. high Armstrong Flooring Wall Base with a matte finish, conforming to ASTM F 1861, Type TP - Rubber, Thermoplastic, Group 1 - Solid, Style B – Cove.
2.5 ADHESIVES
A. Provide Armstrong S-995 Flooring Adhesive under the flooring and Armstrong S-725 Wall Base Adhesive at the wall base as recommended by the flooring manufacturer.
B. Provide Armstrong S-319 Adhesive for field areas and S-725 Wall Base Adhesive at the wall base as recommended by the flooring manufacturer.
2.6 ACCESSORIES
A. For patching, smoothing, and leveling monolithic subfloors (concrete, terrazzo, quarry tile, ceramic tile, and certain metals), provide Armstrong S-194 Cement-Based Patch, Underlayment and Embossing Leveler / S-195 Underlayment Additive.
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Packet Pg. 660 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6519 - 8 LUXURY VINYL LAMINATED (LVL) FLOORING
B. For priming porous substrates to aid in adhesive bond strength and reducing subfloor porosity, provide S-464 Prime Strong™ acrylic primer for porous substrates.
C. For sealing joints between the top of wall base or integral cove cap and irregular wall surfaces such as masonry, provide plastic filler applied according to the manufacturer's recommendations.
D. Provide transition/reducing strips tapered to meet abutting materials.
E. Provide threshold of thickness and width as shown on the drawings.
F. Provide resilient edge strips of width shown on the drawings, of equal gauge to the flooring, homogeneous vinyl, or rubber composition, tapered or bullnose edge, with color to match or contrast with the flooring, or as selected by the Architect from standard colors available.
PART 3 - EXECUTION
3.1 MANUFACTURER’S INSTRUCTIONS
A. Compliance: Comply with manufacturer’s product data, including technical bulletins, product catalog, installation instructions, and product carton instructions for installation and maintenance procedures as needed.
3.2 EXAMINATION
A. Site Verification of Conditions: Verify substrate conditions (which have been previously installed under other sections) are acceptable for product installation in accordance with manufacturer's instructions (i.e., moisture tests, bond test, pH test, etc.).
B. Visually inspect flooring materials, adhesives, and accessories prior to installation. Flooring material with visual defects shall not be installed and shall not be considered as a legitimate claim.
C. Examine subfloors prior to installation to determine that surfaces are smooth and free from cracks, holes, ridges, and other defects that might prevent adhesive bond or impair durability or appearance of the flooring material.
D. Inspect subfloors prior to installation to determine that surfaces are free from curing, sealing, parting and hardening compounds; residual adhesives; adhesive removers; and other foreign materials that might prevent adhesive bond. Visually inspect for evidence of moisture, alkaline salts, carbonation, dusting, mold, or mildew.
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Packet Pg. 661 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
LUXURY VINYL LAMINATED (LVL) FLOORING 09-6519 - 9
E. Report conditions contrary to contract requirements that would prevent a proper installation. Do not proceed with the installation until unsatisfactory conditions have been corrected.
F. Failure to call attention to defects or imperfections will be construed as acceptance and approval of the subfloor. Installation indicates acceptance of substrates with regard to conditions existing at the time of installation.
3.3 PREPARATION
A. Subfloor Preparation: Smooth concrete surfaces, removing rough areas, projections, ridges, and bumps, and filling low spots, control or construction joints, and other defects with Armstrong Flooring S-184 FastSetting Cement-Based Patch and Underlayment. Refer to Armstrong Flooring Guaranteed Installation Systems instructions and ASTM F 710 Standard Practice for Preparing Concrete Floors to Receive Resilient Flooring for additional information on subfloor preparation.
B. Subfloor Cleaning: The surface shall be free of dust, solvents, varnish, paint, wax, oil, grease, sealers, release agents, curing compounds, residual adhesive, adhesive removers, and other foreign materials that might affect the adhesion of resilient flooring to the concrete or cause a discoloration of the flooring from below. Remove residual adhesives as recommended by the flooring manufacturer. Remove curing and hardening compounds not compatible with the adhesives used, as indicated by a bond test or by the compound manufacturer's recommendations for flooring. Avoid organic solvents. Spray paints, permanent markers and other indelible ink markers must not be used to write on the back of the flooring material or used to mark the concrete slab as they could bleed through, telegraphing up to the surface and permanently staining the flooring material. If these contaminants are present on the substrate, they must be mechanically removed prior to the installation of the flooring material. Refer to the Armstrong Flooring Guaranteed Installation Systems instructions and ASTM F 710 Standard Practice for Preparing Concrete Floors to Receive Resilient Flooring for additional information on subfloor preparation.
C. Concrete pH Testing: Perform pH tests on concrete floors regardless of their age or grade level. All test results shall be documented and retained.
3.4 INSTALLATION OF FLOORING
A. Install flooring in strict accordance with the latest edition of Armstrong Flooring Guaranteed Installation Systems instructions. Failure to comply may result in voiding the manufacturer’s warranty listed in Section 1.08.
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Packet Pg. 662 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
09-6519 - 10 LUXURY VINYL LAMINATED (LVL) FLOORING
B. Install flooring wall to wall before the installation of floor-set cabinets, casework, furniture, equipment, movable partitions, etc. Extend flooring into toe spaces, door recesses, closets, and similar openings as shown on the drawings.
C. Scribe, cut, and fit to permanent fixtures, columns, walls, partitions, pipes, outlets, and built-in furniture and cabinets.
D. Roll with a 100-lb. (45.36 kilogram) roller in the field areas. Refer to specific rolling instructions of the flooring manufacturer.
E. Install flooring with adhesives, tools, and procedures in strict accordance with the manufacturer's written instructions. Observe the recommended adhesive trowel notching, open times, and working times.
3.5 INSTALLATION OF ACCESSORIES
A. Apply top set wall base to walls, columns, casework, and other permanent fixtures in areas where top-set base is required. Install base in lengths if practical, with inside corners fabricated from base materials that are mitered or coped. Tightly bond base to vertical substrate with continuous contact at horizontal and vertical surfaces.
B. Fill voids with plastic filler along the top edge of the resilient wall base or integral cove cap on masonry surfaces or other similar irregular substrates.
C. Place resilient edge strips tightly butted to flooring, and secure with adhesive recommended by the edge strip manufacturer. Install edge strips at edges of flooring that would otherwise be exposed.
D. Apply [butt-type] [overlap] metal edge strips where shown on the drawings, [before] [after] flooring installation. Secure units to the substrate, complying with the edge strip manufacturer's recommendations.
3.6 CLEANING
A. Perform initial and on-going maintenance according to the latest edition of the maintenance recommendations for Exchange™.
3.7 PROTECTION
A. Protect installed flooring as recommended by the flooring manufacturer against damage from rolling loads, other trades, or the placement of fixtures and furnishings. (See Finishing the Job in the latest edition of Armstrong Flooring Guaranteed Installation Systems instructions.
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Packet Pg. 663 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
COMMUNITY CENTER
PRESCHOOL CLASSROOM IMPROVEMENTS
LUXURY VINYL LAMINATED (LVL) FLOORING 09-6519 - 11
END OF SECTION
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Packet Pg. 664 Attachment: Techical Specifications 09-6519 (3983 : Preschool Facility Improvements) Armstrong Flooring Guaranteed Installation System (AFGIS) Limited Warranty The installation of an Armstrong Flooring product along with the recommended Armstrong Flooring adhesive, as per the then-current Armstrong Flooring Guaranteed Installation Systems manual, provides the AFGIS limited warranty covering the adhesive bond for the length of the flooring product limited warranty. (For specific length of the commercial resilient limited warranty and complete product limited warranty details visit armstrongflooring.com/commercial or floorexpert.com).
Strong System Products
Armstrong Flooring warrants the following subfloor preparation products* S-462 Seal Strong™
S-463 Level Strong™
S-464 Prime Strong™ Porous
S-465 Prime Strong™ Non Porous
S-466 Patch Strong™
*Must be installed according to the then-current Armstrong Flooring Guaranteed Installation Systems manual (F-5061) available at armstrongflooring.com/ installationmanual and at floorexpert.com).
The Strong System Limited Warranty
The installation of an Armstrong Flooring product along with the recommended Armstrong Flooring adhesive, as well as any one of the Strong System subfloor preparation products listed above, provides 10 additional years of limited warranty coverage. The Strong System limited warranty covers the installation integrity for the length of the flooring product warranty plus 10 years. In order to qualify for the Strong System Limited Warranty, any subfloor preparation product needed for an installation must be an Armstrong Flooring product.
When Armstrong Flooring Strong System subfloor preparation products are used with other manufacturers’ floor coverings, adhesives, or other subfloor preparation products, Armstrong Flooring warrants our products to be free from manufacturing defects from the date of purchase through the limited warranty period of 15 years.
Exclusions
The following are not covered by this limited warranty: improper installation; differences in color between products and samples or photographs; indentation from failure to use floor protectors; indentation from high heels or spiked shoes; indentation from improper loading of rolling loads, chairs, or other furniture; discoloration; failure of the floor to adhere to the subfloor due to, but not limited to, moisture, alkaline, or hydrostatic pressure from subfloor; in appropriate end-user activities. Refer to the Armstrong Flooring Guaranteed Installation Systems manual (F-5061) at armstrongflooring.com/installationmanual and at floorexpert.com for proper installation, care, and maintenance information for your floor.
THERE ARE NO WARRANTIES BEYOND THIS EXPRESSED LIMITED WARRANTY.
ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. ARMSTRONG FLOORING
EXCLUDES ANY LIABILITY FOR LOST PROFITS OR ANY OTHER INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THE REMEDIES CONTAINED HEREIN ARE THE ONLY REMEDIES AVAILABLE FOR BREACH OF THIS LIMITED WARRANTY.
NOTE: Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This limited warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Warranty Owner
This limited warranty extends only to the original end-user.
Contact Us
To contact Armstrong Flooring, Inc. with questions or to request additional information, call Customer Service at 1-888-276-7876.
Armstrong
Flooring Product
Standard Product
Limited Warranty
(warranty length depends
on product line)
Recommended
Armstrong Flooring
adhesive
AFGIS Warranty
(covering adhesive
bond for the length
of the product warranty)
Armstrong Flooring Guaranteed Installation System & Strong System™ Limited Warranty F10174-222 | Armstrong and the Armstrong logo are under license from AWI Licensing LLC. | All other trademarks are owned by AFI Licensing LLC. | © 2022 AFI Licensing LLC.
The Strong System Warranty
Armstrong Flooring Product
Standard Product Limited Warranty
(warranty length depends on product line)
Recommended
Armstrong Flooring adhesive
AFGIS Warranty
(covering adhesive bond for the length
of the product warranty)
Any Strong System subfloor
preparation product 10 additional years
of overall warranty coverage
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Packet Pg. 665 Attachment: Armstrong Flooring 10 year Warranty (3983 : Preschool Facility Improvements)
REQUESTFORPROPOSALS
CI TY OF HEALDSBURG - PRESCHOOL PROGRA M PROVIDER
The Community Services
Department provides parks
and open spaces, recreation
programs, active adult and
senior services, aquatics
programming, after school
care, arts & culture, and
special events.
The department is funded by
10% of the City's Transient
Occupancy Tax (TOT or Hotel
Tax), as well as fees and
charges.
THE REQUEST
The City of Healdsburg is seeking interest from
preschool program providers to develop and offer a
full-day, licensed preschool program at the
Healdsburg Community Center to serve our
community.
This Request for Proposals (RFP) is intended to
inform potential service providers about this
opportunity and to solicit proposals from interested
providers. The RFP will be used to select a short list
of providers to enter into discussions and
potentially negotiations for providing this service.
PROPOSALS DUE
on or before
October 24, 2021
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Packet Pg. 666 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements)
REQUEST FOR PROPOSALS
The City of Healdsburg owns and operates the Healdsburg Community Center, a former elementary school that the City purchased from Healdsburg Unified School District in 2008. The facility consists of 16 classrooms, a multi-purpose room, a community meeting room, an administration area that serves as the department offices for Community Services, a large outdoor asphalt area with play structure, a natural turf sports field, and support facilities such as a small kitchen and multiple restrooms.
The City leases space to Corazón Healdsburg for their
administration and program delivery functions and to Alliance Medical Center for satellite medical offices.
The Community Center hosts a variety of programs and services throughout the year such as educational classes in collaboration with Santa Rosa Junior College, fitness programs, community and non-profit meetings, and special events. Corazón
Healdsburg provides a variety of Latinx support services at the site including prenatal education, financial literacy, immigration assistance, workforce development and training, college counseling, and more. Outside, the site hosts sports programs and activities, special events, and drive-up services. During emergencies the facility serves as one of Sonoma County’s designated evacuation centers, it has hosted a school lost to the Tubbs Fire, and most recently provided full-day distance learning care for working parents during COVID-19.
BACKGROUND
Rather than develop its own preschool program, the City is interested in contracting with a provider to develop and deliver a year-round preschool program.
While prior experience operating a preschool is helpful, the City would consider a startup operation.
THE PROVIDER
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 667 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements)
REQUEST FOR PROPOSALS
Two of the 16 classrooms are configured to serve preschoolage children with in-room restrooms and sinks and a fenced asphalt play area. The classrooms are approximately 1,200 sq feet (32’ X 38’) including the restroom facilities. Historically, the City has used the preschool rooms to offer a partial-day early childhood education program. This program has been popular with segments of our community who need partialday preschool and want a K-Readiness focus. However, the program’s partial-day component does not maximize use of the space and doesn’t meet the needs of our community’s working families. (The City is anticipating that the partial-day program will continue in another classroom on the site.) The City has conducted a preliminary site visit with State of California’s Community Care Licensing Division. In general, the classroom spaces appear to meet general licensing
requirements with one child-size toilet and bathroom sink per classroom and adjoining outdoor activity and play space. The classrooms may need cosmetic improvements such as flooring replacement and painting, and the outside activity and play area will require installation of a shade structure. The City will work with potential service providers as part of the selection process to evaluate facility improvements and funding options.
PRESCHOOL SPACES
2 dedicated classrooms, 1,200 square foot each with restroom and sinks Asphalt play area
Garden area
Convenient drop-off and pick-up area in front of Community Center entrance Additional facility space including outdoor turf areas, a multi-purpose room, access to a kitchen, other classrooms, and courtyard areas may be available depending on scheduled uses
FACILITY INFORMATION
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 668 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements)
REQUEST FOR PROPOSALS
The City would dedicate the two preschool-age classrooms and the outdoor preschool play area to the full-day preschool program. The garden area would be available as a shared-use component with other programs. Other facility spaces such as the sports turf area and multi-purpose room may be available depending on scheduled uses. NOTE: The Community Center is a designated evacuation and emergency support center during emergencies such as wildfires, floods, etc. See “Other
Considerations” below.
The City’s goal is to have the program serve working families, as well as parents who are currently pursuing education and/or training. Currently, Healdsburg has several preschool options that range from private, market-rate programs to fully
subsidized programs. While the program would be open to all income levels, we believe there is a gap in preschool options for working families (sometimes referred to as the “missing middle”) making 100% to 161% of Area Median Income and we are
targeting this program to meet this need.
The program’s focus should be on high-quality early childhood education, kindergarten readiness, identification and support for early intervention needs (e.g. disabilities, audio or hearing, delayed development, etc.) and social-emotional development.
The selected provider will be required to demonstrate how the program’s structure will meet these expectations.
PROGRAM CONCEPT
To help make the program more affordable for working families, the City would provide the use of the facility space, including utilities and facility maintenance, at no cost to the preschool provider. The preschool provider would be responsible for the program’s operation including securing and maintaining licensing, administration of the program, marketing and promotion, registration, fiscal management, personnel, program monitoring and oversight.
AFFORDABILITY
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 669 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements)
REQUEST FOR PROPOSALS
Year-round, full-day program
Age 2-K; City would consider an infant proposal
Flexible registration options such as full-day, half-day, partial week
Program focus: high-quality early childhood education
with kindergarten readiness
Clientele target: Working families (“Missing Middle”)
making 100% - 161% of Area Median Income, but the
program would be open to all income levels
No facility rental charges; facility rental fee savings would be reflected in lower program registration costs and/or sliding fee scale
Multi-lingual/multi-cultural capabilities desired
Collaboration with local organizations expected
PROGRAM FRAMEWORK
Licensing
Promotion, marketing, registration, and fiscal management Personnel and staffing
Program monitoring, supervision, and oversight
Daily cleaning of facility spaces
Insurance and Indemnification of the City
Full program administration and delivery including:
EXPECTATIONS OF THE PROVIDER
PRESCHOOL PROGRA M PROVIDER
OTHER CONSIDERATIONS
Healdsburg Community Center is a designated emergency
evacuation shelter, which may involve suspending the
preschool program during the duration of the emergency.
Facility improvements will likely be needed prior to
program launch; the City will work with the selected
provider to determine the extent of the facility
improvements and how those would be funded.
Additional space to support the program on-site for
program administration, storage, etc. is limited, but may be possible.
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Packet Pg. 670 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements)
REQUEST FOR PROPOSALS
Register and Join: Enter 891 1015 5110 at
www.zoom.us/join
Register and Join: Enter 886 6155 1966 at
www.zoom.us/join
Register and Join: Enter 871 1609 5914 at
www.zoom.us/join
The City will host three online virtual sessions to present information on this request and answer questions:
Monday, October 4, 12:00 p.m.
Tuesday, October 5, 6:00 p.m.
Wednesday, October 6, 9:00 a.m.
The City will host three site tours (1557 Healdsburg Avenue) with staff. Interested providers must attend one of the online informational sessions to participate in the site tour:
Thursday, October 7, 9:00 a.m.
Thursday, October 7, 6:30 p.m.
Friday, October 8, 2:00 p.m.
If you are unable to participate in these sessions or have questions please email [email protected]
INFORMATIONAL SESSIONS & SITE TOURS
The City desires to enter into a multi-year agreement with the selected provider to ensure continuity and a high-quality program.
Terms of the agreement would be negotiated with the preferred provider.
The provider will be required to demonstrate fiscal sustainability and will be subject to regular financial reporting to the City.
AGREEMENT TERMS
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 671 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements)
REQUEST FOR PROPOSALS
Name of Program
Name and Credentials of Program Director
Years of experience in preschool program delivery
Methodology or philosophy of the program provider
Name and credentials of License Holder (if different)
Years of licensure
Description of licensure complaints and/or citations (if any) Current locations (if any)
Number of staff/personnel and positions
Methodology or philosophy of the program, including kindergarten readiness Enrollment projections, including maximum and minimum numbers for the program to run Proposed fee structure
Registration options, including partial day and partial week options Promotion and outreach
Administrative structure, including quality monitoring and control Staffing and credentials
Preferred program launch date and anticipated time from award of contract to program launch Proposed facility improvements needed and funding mechanisms (if any) Additional space needs anticipated in addition to preschool rooms (e.g. administrative, break rooms, storage, etc.)
Prepare a proposal that contains the following information (in this order) on or before Sunday, October 24, 2021 and email your proposal in PDF format to [email protected] Provider Information
Proposed Program Framework
Facility Needs/Input
TO SUBMIT A PROPOSAL
The City reserves the right to amend the RFP by issuing additional information prior to the final submittal date. The City also reserves the right to extend the due date, or to cancel this RFP at any time.
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified provider, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so.
AMENDMENTS ANDNON-COMMITMENTS OF THE CITY
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 672 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 673 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 674 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 675 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 676 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 677 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 678 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 679 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 680 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 681 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) R
EQUESTFORPROPOSALS
FACILITYPHOTOS
PRESCHOOLPROGRAMPROVIDER
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Packet Pg. 682 Attachment: Preschool Program Provider RFP (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 1 Provider Information
• Name of Program: A Special Place (ASP) Child Care Center and Preschool, Healdsburg • Name and Credentials of Program Director:
For the inception and development of this program, YWCA has engaged the professional services of Jynx Lopez, Owner and Director of STARS (Students Together Achieving Real Success) Preschools located throughout West County. Ms. Lopez holds a B.S. in Organizational Behavior from the University of San Francisco and an M.A. in Early Childhood Education from Sonoma State University (SSU). She has served on SSU’s School of Education staff as a Professor of Child Development for 5 years, and is also a Lecturer for Santa Rosa Junior College’s Child Development Center. Ms. Lopez has worked in the field of Child Development for over 32 years, during which time she has opened five preschools and one infant/toddler child care center; four of these facilities are located on school campuses. Ms. Lopez is well-versed on the process of bringing a program of this nature to fruition. • Years of experience in preschool program delivery: 43 • Methodology or philosophy of the program provider:
In addition to being Sonoma County’s solely dedicated provider of domestic violence resources and advocacy, YWCA Sonoma County has operated the County’s only therapeutic preschool, A Special Place (ASP) Santa Rosa, since 1978. We serve families of children ages 3-5 who have experienced trauma including violence, abuse, neglect, and/or homelessness. Bolstered by the award of a funding contract from the California Department of Education to operate in the 95448 zip code, YWCA seeks to expand our high-quality child care services to the City of Healdsburg. Specifically, we welcome the opportunity to implement a year-round infant/toddler and preschool child care program at the Healdsburg Community Center site.
At YWCA Sonoma County, we believe young children learn, practice, and test their behaviors during play.
The skills necessary for social-emotional competence and self-regulation are gained through this process.
Therefore, we provide individualized, child-centered, relationship-based and family-focused services that are delivered within a stimulating early learning environment. YWCA will deliver high-quality early childhood education through 1) the hiring of highly qualified bilingual English/Spanish and multilingual staff, and 2) the implementation of child-focused programming proven to prepare children for the demands of kindergarten by helping them develop to their highest potential.
YWCA’s child care center staff will focus on early identification of areas where children in our care may require additional support, including physical or learning disabilities; visual or hearing impairments; developmental delays including speech/language and social-emotional awareness; and kindergarten readiness standards as identified by the California Department of Education.
Our environment will combine music, read-aloud time, arts & crafts, and other child-centered activities with positive approaches to common problems children experience. This child-centered methodology helps ourstudents build resilience and develop appropriate communication skills so that they will succeed in kindergarten and beyond.
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Packet Pg. 683 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 2 To ensure our early learning environment supports multilingual and/or multicultural children, we hire bilingual (English/Spanish) and multilingual teachers whenever possible to support the needs of our diverse students. The majority of children (72%) enrolled at our existing preschool in Santa Rosa identify as Hispanic/Latino. Based on the demographics of Healdsburg, we are prepared to serve multilingual/multicultural families through our Healdsburg child care center. We also prioritize serving the “missing middle” of Healdsburg, meaning that working families who make 100% to 161% of the Area Median Income will be able to enroll their children in our child care program. Our program will offer both subsidized and private pay options, enabling us to serve families whose annual income ranges from middle income to the Federal Poverty Level.
To promote long-term family stability and wellbeing, YWCA Sonoma County assists families with issues that place additional stress on them such as housing needs, basic needs including food resources, health and benefits needs, etc. In Healdsburg we will likewise connect families to community resources to help create stable, supportive, and nurturing home environments for the children in our care.
Our child care methodology ensures high-quality care for children enrolled in our child care center and preschool program, and consists of the following:
- A full day program (with an option for half day) that serves working families in Healdsburg by providing high-quality, year-round child care for children age 0-5 years with partial week options available. - Age-appropriate curriculum that promotes social-emotional development through secure attachments as well as responsiveness to verbal and non-verbal cues, allowing children to explore emotions in a nurturing, developmentally-appropriate environment.
- A kindergarten readiness-focused learning environment that is aligned with California's Infant/Toddler and Preschool Learning Foundations and Curriculum Framework. Specifically, curriculum will focus on language development, self & social development, self-regulation, language and literacy development, and mathematical development—all of which have been identified by the California Department of Education as benchmarks to kindergarten readiness.
- A culturally-sensitive, responsive, individualized curriculum that supports children’s social-emotional, cognitive, language, and perceptual/motor development, preparing them for the rigors of kindergarten. - Warm, nurturing, responsive caregiver-child interactions that develop positive relationships, attachment and build trust. Relationship-based processes will foster a sense of belonging, and promote exploration, language development and problem solving while also helping us build strong relationships with the families.
- A welcoming environment that offers safe spaces for quiet and active play, sleep, nutrition, toileting, and interaction. Toys and activities will be chosen based on children's individual interests, capabilities, and needs.
- An inclusive environment staffed by bilingual/multilingual staff who respect and welcome all languages, cultures, and traditions. We will ensure that equal access and opportunities are given to all children, including those with disabilities. We will make individualized accommodations to ensure all children can fully participate in activities.
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Packet Pg. 684 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 3 - Nutrition, health, and safety practices that meet or exceed Community Care Licensing and State requirements.
• Name and credentials of License Holder (if different): N/A • Years of licensure: 43
• Description of licensure complaints and/or citations (if any): N/A • Current locations (if any): A Special Place Therapeutic Preschool – 1128 Edwards Ave, Santa Rosa, CA 95401
• Number of staff/personnel and positions
YWCA’s proposal for child care services is two-fold.
Room One: an infant/toddler care center which we envision to be located on one of the two classrooms available at the Healdsburg Community Center. The funding contract YWCA has been awarded by The Department of Education is for 12 infant/toddler children (6 infants 0-18 months, 6 toddlers 18-36 months) with a teacher to child ratio in accordance with Title 5 requirements of 1:4. We plan to operate a safe, nurturing and stimulating environment with individualized care and interactions which are essential for social emotional development. Given approval from the Department of Social Services Child Care Licensing, YWCA is open to additional enrollment.
Room Two: Additionally, YWCA would operate a preschool with a potential enrollment of 24 students (ages 3-5 years) with a teacher to child ratio in accordance with Title 5 requirements of 1:8. We plan to run small-group programming to ensure supportive, nurturing and stimulating peer and teacher/child interactions, which are essential for children to gain social-emotional competence in order to become kindergarten ready. Given approval from the Department of Social Services Child Care Licensing, YWCA is open to additional enrollment.
These tandem programs would be managed by YWCA’s Director of Child Care Services and staffed with the following positions: Bilingual/Multilingual preferred - Site Supervisor(s), Teachers and Assistant Teachers.
Proposed Program Framework
• Methodology or philosophy of the program, including kindergarten readiness Using YWCA’s existing model from A Special Place Therapeutic Preschool (ASP), we believe that a highquality early learning program starts with caring and highly qualified bilingual/multilingual staff. YWCA Sonoma County only hires teachers and staff that meet and/or exceed the requirements of the State of California Early Learning and Care Division (ELCD) programs. Our teachers and administrators are highly trained and meet the Early Childhood Education (ECE) performance expectations. All members of our
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Packet Pg. 685 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 4 preschool team are First Aid and CPR certified, and have passed both State and Federal criminal background checks.
We will perform regular assessments of each child’s progress. Using the Desired Results Developmental Profile (DRDP) assessment as well as the Ages & Stages Questionnaire (ASQ), we are able to assess and monitor children's individual goals and progress on a regular basis. We also use assessments to improve the quality of our program. A Special Place participates in the California Department of Education’s “Quality Counts California” Quality Rating and Improvement System (QRIS) which is a systemic approach to assess, improve, and communicate the level of quality in early and school-age care and education programs. YWCA welcomes the chance to ensure a high-quality program and continuous improvement, and is proud of our QRIS ranking of 4 out of potential of 5.
YWCA’s child care services are aligned with “Strengthening Families Approach – Five Protective Factors.” Our staff and faculty work in partnership with the families and focus on recognizing strengths as well as improvement areas, which leads to the development of an attainable plan for success. Thanks to the wide array of services YWCA Sonoma County provides, our clients are able to build their five protective factors and provide a more stable, nurturing environment for their children. • Enrollment projections, including maximum and minimum numbers for the program to run YWCA’s proposal for child care services is two-fold.
Part One: an infant/toddler care center which we envision to be located in one of the two classrooms available at the Healdsburg Community Center. The funding contract YWCA has been awarded by The Department of Education is for 12 infant/toddler children (6 infants 0-18 months, 6 toddlers 18-36 months) with a teacher to child ratio in accordance with Title 5 requirements of 1:4. The maximum enrollment would be based on approval from the Department of Social Services Child Care Licensing; YWCA is open to additional enrollment. Our minimum enrollment projections are 4 infants to 1 teacher and 4 toddlers to 1 teacher. Through collaboration with Corazón and community outreach, we anticipate those numbers to grow quickly, likely up to our licensing capacity which would be our maximum. We are able to pre-enroll families prior to our opening date, which will assist us in our projections.
Part Two: Additionally, YWCA would operate a preschool with a potential enrollment of 8 students (ages 3-5 years) with a teacher to child ratio in accordance with Title 5 requirements of 1:8. The maximum enrollment would be based on approval from the Department of Social Services Child Care Licensing; YWCA is open to additional enrollment. Our minimum enrollment projection is 8 preschoolers to 1 teacher. Again, through collaboration with Corazón and community outreach, we anticipate those numbers to grow quickly, likely up to our licensing capacity which would be our maximum. We are able to pre-enroll families prior to our opening date, which will assist us in our projections • Proposed fee structure
The funding contract YWCA has been awarded by The Department of Education is for 12 infant/toddler children for families whose annual household income falls below the Federal Poverty Level income requirements would be afforded as subsidized care. Additionally, the following fee schedules are being consider by YWCA for private pay families:
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Packet Pg. 686 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 5 Our proposed monthly rates for preschool-age children (age 3-5) are as follows:
Days per week: 0-3 hours per day 3.5 to 10 hours per day 2 $260.00 $400.00
3 $380.00 $600.00
4 $515.00 $800.00
5 $640.00 $1,000.00
Rates are based on the total number of operating days in the school year divided by the number of months in the school year, so the rates remain the same each month. • Registration options, including partial day and partial week options A Special Place Child Care Center and Preschool Healdsburg will be open Monday through Friday between the hours of 7:30 AM to 5:30 PM. Our hours of operation resemble a standard school day providing child care coverage for eligible families. Parents may enroll their children for full days (7:30AM-5:30PM) or half days (9AM-12PM).
These two options will meet the needs of families that work either full-time or part-time, overnight or non-traditional hours. It will also provide support for parents who are attending school, looking for employment or housing, juggle work schedules and possible co-parenting with their child’s second household of care. Our child care program will serve the “missing middle” of Healdsburg, meaning that working families who make 100% to 161% of the Area Median Income will be able to enroll their children in our child care program. Families may opt for full day, half day or partial week scheduling.
A Special Place Healdsburg’s location will be in operation full time, year round for 246 days. Eligible families will not need to search for care options during summer months, which will prevent financial, educational, mental and physical declines while increasing job stability and advancement.
Days per
week:
Infant (0-2yrs) Rates:
0-10 hours per day
Toddler (2-3yrs) Rates:
0-10 hours per day
2 $580.00 $480.00
3 $865.00 $720.00
4 $1155.00 $960.00
5 $1440.00 $1200.00
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Packet Pg. 687 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 6 • Promotion and outreach
Partnering with the City of Healdsburg and Corazón Healdsburg, YWCA Sonoma County will design marketing materials to announce the availability of the A Special Place Child Care Center Healdsburg, optimizing the City’s and Corazón’s current delivery channels to Healdsburg residents. YWCA’s existing preschool receives referrals from the County's Family Youth and Children Division, SonomaWorks, 4 C’s as well as other social service agencies such as Early Learning Institute and Kidsmatter. Additionally, YWCA’s promotion of the center may include print advertising, radio interviews, social media and Constant Contact messaging to our local constituency.
• Administrative structure, including quality monitoring and control Under the umbrella of YWCA Sonoma County, which currently operates A Special Place Therapeutic Preschool in Santa Rosa, the Healdsburg site will be supervised by YWCA’s administrative team in the following ways:
-Our Chief Executive Officer, Madeleine Keegan O’Connell, will oversee the management of staffing and program administration of A Special Place Child Care Center and Preschool Healdsburg. -Our Chief Financial Officer, Julie Lafranchi, will be responsible for the fiscal management of this collaborative partnership, as well as start-up procedures and all fiscal elements regarding the new preschool. Additionally, Ms. Lafranchi will oversee the services necessary for daily cleaning of the classrooms and well as manage insurance and indemnification of the City. -Our Database Administrator will ensure data integrity including timely data entry in the county’s database, Efforts to Outcomes (ETO), as well as state-required reporting. -Our Volunteer Coordinator will manage and assign volunteer roles within the center as needed.
All staff at ASP Child Care Center Healdsburg will be actively observed and supervised. They will regularly receive mentoring and feedback to improve their skills and reach their full potential. They will be provided with weekly training opportunities at staff meetings, where they will discuss how the previous week went and what improvements can be made. They will work collaboratively and find ways to address the issues and training needs of each other. This builds openness, trust, mutual respect and sense of responsibility amongst team members. Additionally, there will be 2-3 days per year designated as staff development days. On these days, the center will be closed and no childcare will be available. Teachers will participate in all day trainings to advance their knowledge and skills to ensure a high-quality childcare program. The topics of these training will be based on the Program Director's observations, staff interests, and challenging experiences they had at the center. Moreover, staff will attend trainings such as Desired Results Developmental Profile (DRDP) assessment tool trainings, as well as trainings that focus on infant/toddler development. All staff with teaching permits are required to complete 105 contact hours of continuing education during their 5-year renewal period.
Our Healdsburg ASP Child Care Center and Preschool will use daily sign-in/ sign out sheets as well as Sonoma County’s Efforts to Outcomes (ETO) database to track children attendance. These physical and electronic documents serve as a control for each other. Daily sign-in/sign-out sheets are used as the
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Packet Pg. 688 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 7 source document for audit and reimbursement purposes. Daily sign-in/sign-out sheets consist of fields for child's name, arrival time, arrival signature by an authorized adult/parent, departure time and departure signature by an authorized adult/parent. YWCA maintains reports contain days of enrollment for all children, days of attendance for all children, total days of operation, revenues and expenses of subsidized and non-subsidized children, amount and sources of all revenues, total expenses for the program operation for the reporting period as well as year-to-date expenses. • Staffing and credentials
YWCA Sonoma County hires staff that meet or exceed the requirements of the State of California for Statefunded child development programs. The Bilingual-preferred staff have a combination of Early Childhood Education college courses, child development permits and/or degrees, as well as related work experience in childcare settings. All staff have completed First Aid & CPR training, and are required to complete 21 hours of continuing education every year. All staff have been fingerprinted and cleared through the Department of Justice and Federal Bureau of Investigation criminal background check.
For the planned and unplanned absences of teachers, A Special Place administrative team will schedule substitute teachers to be present. If substitutes are not available, the Site Supervisor and/or the center director will go in ratio and run high quality activities. • Preferred program launch date and anticipated time from award of contract to program launch Our anticipated program launch date is July 2022. This date is tentative and depends in part on any facility improvements deemed necessary by the City of Healdsburg and/or state licensing requirements.
Facility Needs/Input
• Proposed facility improvements needed and funding mechanisms (if any) When designing the environment to best meet the needs of our population, we take into consideration the physical factors such as design and the layout of the rooms as well as materials and furnishings. Included in the budget of our infant/toddler center contract with the California Department of Education are “startup costs” associated with creating a suitable environment. In order to ensure a high quality learning environment, YWCA Sonoma County utilizes the Early Childhood Environment Rating Scale (ECERS-R) annually at our existing preschool in Santa Rosa.
Room One: The infant/toddler care center would be established in one of the two classrooms and would require a refrigerator, filtered hot and cold water dispenser, and a microwave to accommodate the needs of those in our care. New flooring, paint and other cosmetic improvements are also proposed to refresh the space.
Room Two: The preschool would be established in one of the two classrooms and would require a refrigerator, filtered hot and cold water dispenser, a microwave and a hot air convection oven to accommodate the needs of those in our care. New flooring, paint and other cosmetic improvements are also proposed to refresh the space.
Outdoor space/Educational Garden Area: YWCA envisions a friendly, safe outdoor space where children can exercise and play. The ideal setting would include Poured in Place Rubber as a long8.B.j Packet Pg. 689 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider October 22, 2021 8 lasting, durable and safe playground surface as well as synthetic turf. Other items would include but not be limited to: age-appropriate climbing structure, sand box, raised beds with a watering system for gardening, permanent overhead shade structures where appropriate, as well as drinking fountains and hand-washing stations. YWCA is willing to partner on fundraising for this area as necessary. • Additional space needs anticipated in addition to preschool rooms (e.g. administrative, break rooms, storage, etc.)
Looking ahead, YWCA staff would need access to adult restrooms and a space to have lunch/breaks.
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Packet Pg. 690 Attachment: YWCA Sonoma County Proposal (3983 : Preschool Facility Improvements) Resolution No.
Exhibit A
Account Number Increase Amount Decrease Amount Description 582-3001-45000-CS005 $ 267,455 Increase Community Services Preschool Renovation Project CS005 Budget FY 22-23 Budget Amendment
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Packet Pg. 691 Attachment: Exhibit A (3983 : Preschool Facility Improvements) 131-A Stony Circle • Suite 300 | Santa Rosa, CA 95401 | Office (707) 544-3077 | Fax (707) 544-2625 www.sonoma4Cs.org
COVID-19 Pandemic – Sonoma County
Changes in Child Care Capacity
Available facilities pre-COVID, compared with January 2023* The number of open facilities in
Sonoma County has decreased
by 13% since the shelter in place
began in March 2020.
Facility Type Pre-COVID Current Inactive Permanently closed New Percent Loss Family Child Care 339 298 28 84 71 12%
Centers 288 248 54 27 41 14%
Available Spaces pre-COVID, compared with January 2023* Available child care spaces in Sonoma County
have reduced by 44% overall since March
2020. Many providers have closed their doors
temporarily. The permanent loss will likely take a
long time to be fully realized.
*Data from 4Csand RCCS: Jan 2023
Facility Type
Total spaces (Pre-COVID) - All
Programs (Active and Inactive)
Total currently available spaces -
Active programs only Percent Loss
Family Child Care 3313 2463 26%
Centers 18919 10091 47%
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Packet Pg. 692 Attachment: Childcare Capacity Study (3983 : Preschool Facility Improvements) Sonoma County Childcare Planning Council
Childcare Needs Prioritization (1 = Highest Need, 3 + Lowest Need) May 2022
All County Zip
Codes City 2022 CSPP Priority
(Preschool)
2022 CCTR I/T Priority
(Infants/Togglers)
2022 CCTR SA Priority
(School Age Children)
94515 Calistoga 3 2 1
94922 Bodega 3 3 3
94923 Bodega Bay 3 3 3
94926 Rohnert Park NA NA NA
94927 Rohnert Park NA NA NA
94928 Rohnert Park 1 ↑ 1 1
94931 Cotati 2 ↑ 1 ↑ 1
94951 Penngrove 3 2 ↑ 2
94952 Petaluma 1 ↑ 1 1
94953 Petaluma NA NA 3
94954 Petaluma 1 ↑ 1 1
94955 Petaluma NA NA NA
94972 Valley Ford 3 3 3
94975 Petaluma NA NA NA
95401 Santa Rosa 1 ↑ 1 1
95402 Santa Rosa 3 NA 3
95403 Santa Rosa 1 1 1
95404 Santa Rosa 1 1 1
95405 Santa Rosa 1 1 1
95406 Santa Rosa NA NA NA
95407 Santa Rosa 2 ↑ 1 1
95408 Santa Rosa NA NA NA
95409 Santa Rosa 1 1 1
95412 Annapolis 3 3 3
95416 Boyes Hot Springs NA NA NA
95419 Camp Meeker NA NA NA
95421 Cazadero 3 3 3
95425 Cloverdale 3 ↓ 2 1
95430 Duncans Mills NA NA NA
95431 Eldridge 3 3 3
95433 El Verano NA NA NA
95436 Forestville 3 3 2
95439 Fulton 3 3 3
95441 Geyserville 3 3 3
95442 Glen Ellen 3 3 3
95444 Graton 3 3 3
95446 Guerneville 3 3 2
95448 Healdsburg 2 ↓ 1 1
95450 Jenner 3 3 3
95452 Kenwood 3 3 3
95462 Monte Rio 3 3 3
95465 Occidential 3 3 3
95471 Rio Nido 3 3 3
95472 Sebastopol 1 1 1
95473 Sebastopol NA NA NA
95476 Sonoma 1 1 1
95480 Stewart's Point NA NA NA
95486 Villa Grande NA NA NA
95492 Windsor 1 1 1
95497 The Sea Ranch 3 3 3
** Families experiencing unstable or insecure housing may choose to use a P.O. Box as their permanent address * change since last year (↓) or (↑).
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Packet Pg. 693 Attachment: Childcare Prioritization Needs Analysis (3983 : Preschool Facility Improvements)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: April 3, 2023
SUBJECT: Adoption of Fiscal Year 2023-24 City Council Goals PREPARED BY: Jeff Kay, City Manager
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
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):
By motion, approve the City Council Goals for Fiscal Year 2023-24.
COMMUNITY ENGAGEMENT/OUTREACH:
The City Council held a goal setting workshop on March 10, 2023 at the Villa Chanticleer. The workshop was open to the public and included multiple opportunities for public comment.
BACKGROUND:
The City Council adopted the City of Healdsburg’s Strategic Plan, “Foundation for a Strong Community,” on December 16, 2019. At the time the Strategic Plan was adopted, it was determined that Council would evaluate their goals annually in conjunction with the fiscal year to better match resources with Council priorities.
At the outset of the goal setting process, Staff used the adopted FY2022-23 City Council Goals as a starting point and the facilitator, Cathy Capriola from MRG met with Council individually.
On March 10, 2023, Cathy facilitated a special goal setting workshop attended by residents and business owners to discuss Council’s proposed goals for the upcoming fiscal year.
DISCUSSION/ANALYSIS:
The goals that were agreed to at the March 10th meeting are reflected in the attached document.
8.C
Packet Pg. 694
The goals have also been linked to the Strategic Initiatives contained in the City’s adopted Strategic Plan.
This year’s goals are intended to encapsulate the City’s full work plan, not just new projects that were raised during the goal setting session on March 10, 2023. Accordingly, the attached work plan includes projects that were initiated previously at City Council direction, projects that are required due to an outside regulation or mandate, and new initiatives that were discussed and agreed to at this year’s goal setting workshop. Although the work plan does not include activities that could be considered day-to-day City operations, it does attempt to capture all significant and distinct projects that comprise the current “to-do list.” At this time, staff recommends that the Council approve the City Council goals for fiscal year 2023-24.
ENVIRONMENTAL STEWARDSHIP:
Not Applicable.
ALTERNATIVES:
The City Council may add, delete or modify the proposed goals and/or outcomes.
FISCAL IMPACT:
There is no fiscal impact as the referenced activities will be included in the FY 2023-24 departmental budgets.
ENVIRONMENTAL ANALYSIS:
Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.
ATTACHMENT(S):
City of Healdsburg - Report Post Goal Setting
FY2023-24 City Workplan
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Packet Pg. 695
City of Healdsburg
City Council Goal Setting FY 23/24
Friday, March 10, 2023
Facilitated by MRG, Cathy Capriola
Overview
The Healdsburg City Council held a Goal Setting Workshop on Friday, March 10, 2023 at Villa Chanticleer. The purpose of the Workshop was to create the FY 23/24 Work Plan to guide the City’s focus and efforts. The City Manager recommended the creation of a more comprehensive set of annual goals that captured the work in process and also clearly scoped projects for what could be accomplished in the coming year. City staff first reviewed the current FY 23/23 City Council goals and provided an update on their status and next steps. City staff then created a list of active projects which reflected prior Council directed work, State regulatory requirements, or new time sensitive projects connected to other public agencies. Both of these lists were compiled into a list of active projects for the City Council to consider during the March 10th Workshop.
The City Council agreed with this approach and the process of the Workshop moved forward to review and refine this new work plan. During the Workshop, City Council Members also proposed new goals for consideration to add to the FY 23/24 Work Plan. The table to the right is a list of the new items that the City Council provided direction to be included in the FY 23/24 Work Plan.
Attached is the Proposed 23/24 Work Plan.
NEW PROJECTS RAISED BY COUNCIL MEMBERS DURING 3/10 WORKSHOP ADDED TO THE FY 23/24 WORK PLAN
Retail Sales Tax Capture and Leakage Analysis
Welcome Packet Outlining Tenant and Landlord Rights
Postal Fleet Electrification White Paper
Concept Plan for West Plaza Parking Lot
Enhanced Maintenance for Low Impact Landscaping Areas
Master Calendar and Cost Analysis for Special Events
Mayor Ariel Kelley
Vice Mayor David Hagale
Council Member Ron Edwards
Council Member Chris Herrod
Council Member Evelyn Mitchell
City Manager Jeff Kay
Executive Staff Team
Ex
Ci
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Packet Pg. 696 Attachment: City of Healdsburg - Report Post Goal Setting (4006 : City Council Goals - FY2023-24) CITY OF HEALDSBURG – FY 23/24 WORK PLAN 1
CITY OF HEALDSBURG – FY 23/24 CITY WORK PLAN
PROJECT DESCRIPTION PROJECT STATUS LEAD
ECONOMIC DIVERSITY & SUSTAINABLE GROWTH
Initiate Scoping of South Entry Area Plan -- Identify key steps, timeline, and estimated cost. Conduct outreach to property owners. Include option to fund in the 2024 budget development process.
ACTIVE (Early Stages). Long range planning efforts and
capacity have been focused on Housing Element and
Cannabis Ordinance.
CDD
Cannabis Business Program Implementation and Dispensary Application -- Development and implementation of a cannabis business permitting program and completion of an application process for two cannabis dispensaries.
ACTIVE. Program development to be finalized in Spring
23. Dispensary application likely to take all of 2023 to complete.
CMO/CDD
VMT -- SB 743 requires jurisdictions to move away from Level of Service (LOS) to Vehicle Miles Travelled (VMT) in assessing circulation impacts in CEQA documents. City has received free technical support through MTC/ABAG to adopt VMT policy.
ACTIVE. Effort is currently underway and anticipate
workshop with Planning Commission and adoption by
City Council late 2023.
CDD/PW
Annual Land Use Code Updates -- Prepare amendments to the Land Use Code to address needed corrections, formalize interpretations, and streamline project review and approval.
ACTIVE. Scheduled for Planning Commission in April and
City Council in May.
CDD (also Public
Works)
Electronic Plan Review -- Working across departments responsible for development review to allow for electronic plan submittal and review.
ACTIVE. Bluebeam software licenses purchased and
training to be scheduled soon.
CDD / IT
Downtown Housing Development Capacity Study -- Evaluation of existing codes, legislation, and law to identify barriers to, and opportunities for, increased housing capacity.
NOT YET STARTED. Ongoing work with the Housing
Element Work Group pending adoption of Housing
Element Update.
CDD / Housing
SMART Station Planning -- Determine preferred station location and explore land use and circulation opportunities presented by future rail service in Healdsburg.
NOT YET STARTED. Initial scoping discussion with City
Council anticipated late Spring 2023
CDD / Public Works
Housing Element Implementation Land Use Code Updates -- With adoption of the Housing Element the City will need to pursue several Land Use Code updates to address programs related to changes in State Law including Density Bonus Ordinance, Object Design Standards, SB9, and more.
NOT YET STARTED. Implementation plan to be outlined
after passage and completion of the Housing Element.
CDD
Retail Sales Tax Capture and Leakage Analysis – Provide report to City Council regarding sales tax categories and capture/leakage analysis.
NEW GOAL. FINANCE
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Packet Pg. 697 Attachment: FY2023-24 City Workplan (4006 : City Council Goals - FY2023-24) CITY OF HEALDSBURG – FY 23/24 WORK PLAN 2
ENVIRONMENTAL STEWARDSHIP
Climate Mobilization Strategy -- Development of a community climate mobilization strategy.
ACTIVE. Anticipated completion of plan in August 2023.
Plan implementation and management will be new
ongoing task.
CMO/Utilities
Postal Fleet Electrification White Paper – Outline information, utility infrastructure and potential costs needed to electrify the local USPS fleet.
Federal government is exploring locations for electrification.
NEW GOAL. Utilities
AFFORDABLE HOUSING
6 th Cycle Housing Element Update – Complete and Adopt Housing Element. ACTIVE. Draft Housing Element submitted to HCD and comment letter received. Response and resubmittal
required with additional review time. In progress with
adoption in Spring 2023.
Housing / CDD
Housing Element Work Group -- Convene the HEWG to make
recommendations and study housing issues in Healdsburg as directed by the City Council.
ONGOING. Ongoing work; commence with HE adoption. Housing / CDD L&M Village -- Operate the L&M Village Interim Housing Program and secure additional funding for operations. Initiate process of quarterly updates to City Council and regular outreach to neighbors and stakeholders.
ONGOING. Maintain the operations as the L&M Village. Housing Scattered Site Project -- Complete the renovations and lease-up of the scattered site housing units at 1302 Prentice, 500 Piper and 531-535 University.
ACTIVE. Construction in progress. Housing
Saggio Hills Affordable Housing -- Complete the DA and DDA for the Saggio Hills Affordable Housing project and apply for State funding for the development of the units.
ACTIVE. Entitlement process and funding in progress. Housing 155 Dry Creek Affordable Housing – Support Burbank Housing in applying for State funding for the development of the Dry Creek Commons.
ACTIVE. Project design and funding in progress. Housing Welcome Packet Outlining Tenants & Landlord Rights – Develop a welcome packet to be provided to all new residents that includes information on city services, support programs, and tenant and landlord rights.
NEW GOAL. CMO / Housing
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Packet Pg. 698 Attachment: FY2023-24 City Workplan (4006 : City Council Goals - FY2023-24) CITY OF HEALDSBURG – FY 23/24 WORK PLAN 3
INFRASTRUCTURE & FACILITIES
FACILITIES
Library Upgrades -- City is pursuing a grant with Healdsburg Library to support facility modernization effort and developing a lease for the facility.
ACTIVE. Grant application due in Q1, Awards in Q2,
possible construction by Q4 2023.
CMO
New Fire Substation – Build new fire substation. ACTIVE. Project plans near completion Public Works / Fire PARKS
Park Financing Plan -- Continue to develop and implement a plan to finance a new park on the north end of town and redevelopment of Badger Park ACTIVE. Update Presentation to Council on 2/21. Work
ongoing through bond issuance anticipated in FY24-25.
CMO / Finance /
Com. Services
STREETS / BIKES / PEDESTRIAN INFRASTRUCTURE
Healdsburg Avenue Complete Street Project – Prepare design and complete utility work in advance.
ACTIVE. Evaluating proposals for design work. Public Works Grove Street Neighborhood Plan – Pedestrian, bike, and drainage improvements.
NOT YET STARTED. Partial funding secured, need to
prepare RFP. Funding for utility work TBD.
Public Works
Ward Street Neighborhood Plan—Infrastructure improvements to improve ped and bike mobility, lighting, and safety.
NOT YET STARTED. Uncertain schedule, pending receipt
of grant funds and staffing.
Public Works
Enhanced Maintenance for LIDs – Improve maintenance and appearance of Low Impact Development landscaping areas in downtown area.
NEW GOAL. Public Works
WATER INFRASTRUCTURE
Municipal Recycled Water Pipeline – Recycled water for irrigation. Will provide recycled water to several City parks, athletic fields, public golf course and cemetery to make more drinking water available to residents and businesses (offsets).
ACTIVE. Phase 1 funded and in design. Design to be
completed December 2023 with construction bids
received March 2024.
Utility Department
Aquifer Storage and Recovery (ASR) Wells – Focus to improve water supply to supplement Healdsburg water supply during times of drought and low flows in the Russian River.
ON HOLD. Waiting Final FEMA Funding. Staff will
continue to respond to FEMA’s request for information
and be prepared to begin phase 2 upon final grant
award.
Utility Department
Fitch Well Field & Dry Creek Well Field – Investment for regulatory drinking water filtration improvements. State board has increased the regulatory obligations for the Fitch (Badger) and Dry Creek well fields.
ACTIVE. Regulatory obligation currently in design phase.
Design to be complete June 2023. Staff to seek and
apply for grant funding during FY2023-24.
Utility Department
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Packet Pg. 699 Attachment: FY2023-24 City Workplan (4006 : City Council Goals - FY2023-24) CITY OF HEALDSBURG – FY 23/24 WORK PLAN 4
EFFECTIVE GOVERNANCE
Diversity, Equity, and Inclusion Plan -- Development of a community wide diversity, equity, and inclusion plan.
ACTIVE. Draft plan coming this summer. CMO
Business License Process Modernization -- Configure and launch an online platform where businesses can obtain a license conveniently and efficiently.
ACTIVE. Completing configuration, launch scheduled for
Spring 2023
Finance
Electric Utility Rate Study—Update rate structure to reflect current and projected costs, planned infrastructure improvements, and desired climate initiatives.
ACTIVE. Present initial rate calculations to City Council May 2023 with intent of implementing new rates with
November 2023 billing cycle.
Utilities/Finance
PUBLIC HEALTH & SAFETY
Implement Community Wildfire Protection Plan -- Explore and pursue potential grant opportunities to establish a Wildfire Mitigation Assessment program and fund a Large Arundo Removal project within the Russian River Watershed.
ACTIVE. Seeking funding opportunities to expand
wildfire mitigation pursuant to the Plan.
Fire
Fire Fuels Reduction -- Maintain Coastal Conservancy grant by continuing fuel reduction work. In addition to Mechanical Mastication, Hand Crews, Grazing and Prescriptive Burns we are also working to incorporate tribal burns into our wildfire prevention strategy.
ACTIVE. Fuels mitigation work is ongoing in several
locations in the City.
Fire
Emergency Preparation --Ensure/Maintain a strong level of Emergency Preparedness, through enhanced staff trainings, technology implementation, and community outreach. Complete update to Local Hazard Mitigation Plan (LMHP)
ONGOING. WebEOC and EOC technology
implementation in progress. Updates forthcoming to
Council regarding emergency alerts and evacuation
zones.
Police / All
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Packet Pg. 700 Attachment: FY2023-24 City Workplan (4006 : City Council Goals - FY2023-24) CITY OF HEALDSBURG – FY 23/24 WORK PLAN 5
COMMUNITY SERVICES
POLICIES AND PROGRAMS
Arts and Culture Master Plan Implementation -- Work collaboratively with the Creative Leadership Team and the community to complete components of the first phase of the master plan implementation presented to City Council on 9/19/22.
ACTIVE. Over the course of the year, staff and the
Creative Leadership Team will work to:
• Finalize development of a grant program and award
the first round of grants.
• Research and develop a proposed percent for the
arts ordinance for City Council consideration.
• Pursue external grants through a grant writer.
• Develop an independent arts/culture brand and
website for Healdsburg.
• Finalize the inventory of the public art installations and develop a maintenance program.
• Revitalize the Cultural Trust Fund.
Community
Services
Commission Composition -- Provide analysis of redefining or combining the Parks and Recreation and Senior Citizens commissions for City Council consideration.
ACTIVE.
• Prepare a report to introduce the City Council
discussion in Spring 2023.
Community
Services
City-HUSD Joint Use Agreement -- Work with HUSD to review and update the Joint Use Agreement for operation and maintenance of shared facilities.
NOT YET STARTED.
• HUSD and City staff will begin meeting in Q2 2023 to
review and discuss the current Agreement and
consider updates to incorporate new facilities,
maintenance protocols, and facility scheduling.
• Present updates to the Parks and Recreation
Commission and City Council for consideration with
fiscal impacts considered as part of the FY24-26
budget process.
Community
Services
Deferred Maintenance and Improvement Plan -- Develop a deferred maintenance program and begin implementation.
ACTIVE. ADA and Facilities Assessment completed, and
funds allocated in the current fiscal year. Currently
developing framework for plan.
Community
Services
Healdsburg Avenue Bridge Permanent Lighting Display and Policy -- Obtain cost estimate for installation of a permanent lighting system and develop lighting policy for City Council to address short- and long-term practices for determining when to light the bridge.
ACTIVE. Complete a preliminary feasibility study and
cost estimates for a permanent lighting installation.
Present lighting policy to City Council.
Community
Services
Master Calendar & Cost Analysis for Special Events – Create a master calendar for special events and provide costs analysis and cost sharing summary.
NEW GOAL. Take feedback from City Council to
incorporate a master list process into the City’s special event policy. Formalize the special event policy updates Community
Services
8.C.b
Packet Pg. 701 Attachment: FY2023-24 City Workplan (4006 : City Council Goals - FY2023-24) CITY OF HEALDSBURG – FY 23/24 WORK PLAN 6
and 2024 special event review and approval process for
City Council consideration.
COMMUNITY FACILITIES
Foley Family Community Pavilion -- Complete CEQA, Design Review, construction drawings, bidding, and majority of construction.
ACTIVE. City Council to consider final project
entitlements on April 17, 2023. Bid award with
construction anticipated to begin in late summer 2023.
Anticipating 12-14 month construction timeline.
Community
Services
Senior Center Accessibility Construction Project -- Replacing Doors and improving accessibility at Senior Center from and rear doors.
ACTIVE. Contract awarded. Construction anticipated for
late spring 2023.
CMO / Community
Services
Villa Chanticleer Capital Replacement Plan -- The agreement with Milestone Events Group requires the City and Milestone to work collaboratively to develop a long-term capital replacement plan for the Villa.
ACTIVE. City and Milestone completed several initial
improvements. Milestone and City staff will develop the plan in 2023 to be considered as part of the FY24-26
budget process.
Community
Services
Concept Plan for West Plaza Parking Lot – Develop concept options and costing for maintenance upgrades and beautification of this parking lot.
NEW GOAL. Community
Services / Public
Works
PARKS & OPEN SPACE
Saggio Hills Park Development -- Complete CEQA master plan review, design development, construction drawings, bidding, and initial construction.
ACTIVE. CEQA process underway. Community
Services
Saggio Hills Park Naming Process -- Complete a community-based process to identify potential names for the new park for City Council consideration.
ACTIVE. Parks Commission working on outreach and
idea solicitation with options to be forwarded for City Council consideration.
Community
Services
Badger Park Redevelopment -- Complete CEQA master plan review, design development and construction drawings. Bidding contingent on timing of prior work.
ACTIVE. CEQA process underway. Community
Services
Fitch Mountain Access Improvement Project -- Complete construction drawings, bidding, and construction for project.
ACTIVE. Bid award and construction in Spring/Summer
2023.
Community
Services
Facility Improvements for Licensed Preschool Program -- Renovate the existing preschool rooms and outdoor play area to comply with licensing requirements.
ACTIVE. Funding consideration for bid award to precede
construction in Spring 2023.
Community
Services
Hilltop Road Erosion Repairs -- Repair erosion-related damage and make improvements to reduce future issues on Hilltop Road to ensure public safety and maintenance access.
ACTIVE. Contract has been executed for work. Work will
begin once conditions in Spring 2023.
Community
Services
8.C.b
Packet Pg. 702 Attachment: FY2023-24 City Workplan (4006 : City Council Goals - FY2023-24)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: April 3, 2023
SUBJECT: Discussion of Commission Composition and Roles PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):
Provide Effective Governance
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):
Discuss the composition of the Parks and Recreation Commission and Senior Citizens Advisory Commission and consider further work to evaluate establishing a Community Services Commission.
COMMUNITY ENGAGEMENT/OUTREACH:
None.
BACKGROUND:
On January 23, 2023 City Council asked to agendize a discussion about the composition of the advisory commissions that support City Council and the Community Services Department.
DISCUSSION/ANALYSIS:
The City has two commissions involved in supporting City Council and the Community Services Department:
Senior Citizens Advisory Commission
City Council established the Senior Citizens Advisory Commission in 1983 and amended the roles and composition of the Commission over time, most recently in 2022. (See attached.) The primary function of the Senior Citizens Advisory Commission is to serve as an advocate for Healdsburg’s older adult residents by:
• Identifying the needs of Healdsburg senior residents
• Advising the City Council, City boards, commissions, and departments, as well as private agencies on matters related to those needs
• Creating / increasing awareness of those needs among the broader population
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• Disseminating information to seniors on services available to them The Senior Citizens Advisory Commission is comprised of seven members, all of whom must reside in the city limits.
Parks and Recreation Commission
The Parks and Recreation Commission is established under Healdsburg Municipal Code Chapter
2.32, Article III and amended the composition of the Commission over time, most recently in 2022. (See attached.) The Parks and Recreation Commission has the duty of serving in an advisory capacity to the City Council on policies and programs pertaining to public parks and recreation and includes:
• Identifying and addressing the needs related to the City’s parks, school facilities, playgrounds, open space, and recreational facilities.
• Advising the City Council and the Director of Parks and Recreation on all matters affecting the City’s parks and recreation programs and facilities. • Advising and assisting City boards and commissions, City departments, and private persons on matters affecting the City’s parks, school facilities, playgrounds, open space and recreational facilities.
• Improving maintenance of City parks, school facilities, playgrounds, open space and recreational facilities.
• Assisting in the development of a parks and open space master plan. • Developing and maintaining a community activities plan to increase, create, and implement community recreation classes and special interest classes. • Performing such other functions and duties as may be directed by the City Council from time to time.
The Parks and Recreation Commission consists of seven members. One of the seven members may be designated as a parks and recreation youth commissioner who can be under the age of 18 or a full-time student under the age of 21. Two of the seven members may reside outside the City limits but must reside at a location that is within the boundaries of the Healdsburg Unified School District.
Interest in serving on the commissions has varied over the years. In recent years, the City has sometimes struggled to attract a sizable pool of applicants for the Senior Citizen Advisory Commission.
Commission Goals and Committee Work
In addition to advising City Council and staff on topics related to each commission’s specific roles and responsibilities, each commission has traditionally adopted a set of goals to guide their work for the upcoming year that are based on City Council’s goals/priorities, current and future projects, and challenges or opportunities within the community. (See attached 2023 goals.) Once the goals are adopted, the commissions typically establish ad-hoc committees to support work for each of the goals.
Commission Meetings and Support
The Parks and Recreation Commission typically meets the second Wednesday of the month, and
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the Senior Citizens Advisory Commission typically meets the fourth Wednesday of the month.
Each commission holds additional meetings and/or work sessions as needed to conduct business, and ad-hoc committees meet periodically to work on respective goals. Staff in the Community Services Department meets with the Chair of each commission to develop meeting agendas, then staff write staff reports, post and distribute meeting announcement and agenda packets, and develop and present meeting presentations. City Council assigns a liaison to each commission to enhance communication and share information.
Commission Composition Considerations
City Council’s January 23 preliminary discussion revolved around whether there was merit in establishing a single commission that could encompass all Community Services activities that would more accurately mirror the offerings of the department. In addition, City Council talked about new initiatives that could have a more formal role by having representation from specific user groups on the commission, such as arts and culture. City Council asked that staff bring back a discussion item at a future agenda to explore this topic further.
Should the City Council opt to pursue these options further, it would be necessary to consider the scope of responsibility for the new commission. In addition, determining the composition of the commission could be important to ensuring broad representation and community interest. For example, it would be possible to designate slots on a commission for seniors, youth, representatives with a particular interest or affiliation, or expertise.
Finally, phasing of any future transition could be conducted in a manner that allows some or all existing appointees to continue serving their terms, with the commission ultimately settling into the size designated by the City Council.
Suggested Next Step
Staff believes that involving current commissioners in this process would yield valuable input and perspective. Staff suggests that City Council either designate a representative or form a subcommittee to meet with the Chair and Vice Chair of the Parks and Recreation and Senior Citizens Advisory commissions to explore the concept further and get feedback.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
Do not pursue a discussion about the composition of the Parks and Recreation Commission and the Senior Citizens Advisory Commission.
FISCAL IMPACT:
None at this time. This agenda item is discussion only.
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ENVIRONMENTAL ANALYSIS:
A discussion about commission composition is not subject to the provisions of the California Environmental Quality Act (CEQA) because a discussion about commission composition is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment.
ATTACHMENT(S):
Senior Citizens Advisory Commission Establishment
SCAC 2023 Goals
Parks and Recreation Commission Establishment
PRC 2023 Goals
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CITY OF HEALDSBURG
RESOLUTION NO. 15-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG RESCINDING RESOLUTION NO. 50-2007
AND NO. 21-2013 AND ADOPTING REVISED PROCEDURES
AND FUNCTIONS FOR THE SENIOR CITIZEN ADVISORY
COMMISSION
WHEREAS, Resolution No. 50-2007 and 21-2013 revised the procedures, functions membership, terms of office of members and office of the Commission; and WHEREAS, Council has determined that aligning the term expiration dates with other commissions would assist staff; and
WHEREAS, the section “Offices of the Commission” states a day and time that differs from the current Senior Citizens Advisory Commission regular meeting; and WHEREAS, the business of the Commission can be accomplished in monthly meetings; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby rescinds Resolution No. 50-2007 and 21-2013 and adopts revised procedures and functions of the Senior Citizen Advisory Commission to read as follows:
MEMBERSHIP: The membership shall consist of up to seven (7) members appointed by the City Council. All members shall be residents of Healdsburg and senior citizens (a senior citizen being anyone fifty-five (55) years of age or older).
TERM OF OFFICE OF MEMBERS:The term of office of all members of said Commission shall be three (3) years and end January 1st. Each member shall serve at the pleasure of the Mayor and the City Council until his or her successor is appointed and qualified.
VACANCY: Vacancies on said Commission, for whatever cause, shall be filled by the City Council. Any member missing three (3) consecutive regular meetings without approval of the Commission shall be deemed as having vacated his or her seat on the Commission.
OFFICERS OF THE COMMISSION: The Healdsburg Senior Citizens Advisory Commission shall select one of its members as Chairperson and one of its members as Vice Chairperson whose terms of office for said positions shall be one year.
OFFICES OF THE COMMISSION: The Healdsburg Senior Citizens Advisory Commission shall meet on the fourth Wednesday of the month at 4:00 pm in the City Hall Council Chamber, 401 Grove Street, or at such other time and place as the Commission may establish from time to time following proper notice and shall hold at least one (1) regular meeting every two months. Special meetings of the Commission may be called at any time by the Chairman, or by any four (4) or more members of the commission, by providing notice of said meeting as required by law.
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Packet Pg. 707 Attachment: Senior Citizens Advisory Commission Establishment (3931 : Commission Composition and Roles) Resolution No. 15-2022