Healdsburg City Council
June 5, 2023

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING AGENDA
City Hall Council Chamber Meeting Date: June 5, 2023
401 Grove Street Time: 6:00 PM
Healdsburg, CA 95448 Date Posted: May 31, 2023
(707) 431-3317
To join by computer, tablet, or mobile device:

Go to https://zoom.us/join and type in the Webinar ID: 815 8894 3494 or follow this link:
healdsburg.gov/zoom (Pre-registration for the meeting is not required.) Process to watch the meeting and submit Public Comment as a part of the Zoom Webinar .

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

2. REPORT ON CLOSED SESSION(S)

3. ANNOUNCEMENTS/PRESENTATIONS
A. Proclamation recognizing June 2023 as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and Ally Pride Month
B. Proclamation Recognizing June 2023 as Elder Abuse Awareness Month C. Sidewalk Safety Program Presentation
Receive a presentation on the City of Healdsburg’s Sidewalk Safety Program.

4. CITY MANAGER REPORTS

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

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

City Council/RSA Regular Meeting Agenda
June 5, 2023

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

A. Approval of Minutes
By motion, approve the December 5, 2022 Regular Meeting Minutes, the December 19, 2022 Regular Meeting Minutes, the January 23, 2023 Regular Meeting Minutes and the February 6, 2023 Regular Meeting Minutes.

B. Receive the Monthly Investment Report for April 2023 Receive and approve the Monthly Investment Report for April 2023.

C. Approval of Disbursement Report for Withdrawals During the Month of April 2023 By motion, approve the Disbursement Report for April 2023.

D. Authorize the Purchase of Radial Stacker Conveyor for Biosolids for the Water Reclamation Facility
Adopt a Resolution authorizing the purchase of biosolids radial stacking conveyor equipment for the Water Reclamation Facility for an amount not to exceed $71,400.

E. Memorandum of Understanding with MDL LLC (Duchamp Hotel) for the Foley Family Community Pavilion Project
Adopt a Resolution approving a Memorandum of Understanding with MDL LLC for the coordination of construction activities for the Foley Family Community Pavilion project and expansion of the Duchamp Hotel, the related exchange of real property interests, and the establishment of maintenance responsibilities for the Foss Creek Bridge and Roadway and authorizing the City Manager to execute documents on behalf of the City Council.

F. Annual Review of Good Faith Compliance with the Terms and Conditions of Development Agreements for the following Projects: 1. Saggio Hills Project (Sonoma Luxury Resort, LLC; Oaks & Olives, LLC) 2. Mill District Project (Replay Healdsburg, LLC; Eden Mill District, LP) 3. North Village Project (CCS Healdsburg, LLC; Kendal at Sonoma, A Zen Inspired Community) City Council/RSA Regular Meeting Agenda
June 5, 2023

Adopt a Resolution finding that Sonoma Luxury Resort LLC, Oaks & Olives LLC are in good faith compliance with the terms and conditions of the Development Agreement for the Saggio Hills project, Replay Healdsburg LLC, Eden Mill District LP are in good faith compliance with the terms and conditions of the Development Agreement for the Mill District Project, CCS Healdsburg LLC, and Kendal at Sonoma, A Zen Inspired Community are in good faith compliance with the terms and conditions of the Development Agreement for the North Village Project.

7. PUBLIC HEARINGS
A. Revisions to the Healdsburg Municipal Code, Title 17, Property Development and Title 20, Land Use Code
Conduct a public hearing and, by motion, introduce for first reading, by title only, an ordinance amending Healdsburg Municipal Code Title 17, Property Development and Title 20 Land Use Code, and related CEQA Exemption.

8. OLD BUSINESS
A. Consider Adoption of Electric Rates for Fiscal Years 2023-24 through 2026-27 Adopt a Resolution rescinding Resolution No. 9-2016 following the October 2023 utility billing and adopting electric rate increases and updated rate schedules.

9. NEW BUSINESS
A. Policy for the Humane Treatment of Animals in Grazing Operations for Fire Prevention
Adopt a Resolution adopting a "Policy for the Humane Treatment of Animals in Grazing Operations for Fire Prevention".

B. Appoint Council Subcommittee to Interview Planning Commission Applicants Consider appointing a Council subcommittee to interview the applicants for the Planning Commission.

10. COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE

PREVIOUS REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS

11. WRITTEN COMMUNICATIONS

12. ADJOURN CITY COUNCIL / RSA MEETING

13. FUTURE AGENDA ITEMS
A. Future Agenda Items
City Council/RSA Regular Meeting Agenda
June 5, 2023

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

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

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

CIUDAD DE HEALDSBURG

CONSEJO MUNICIPAL/AGENCIA DE DESARROLLO SUCESORA
ORDEN DEL DÍA DE LA REUNIÓN ORDINARIA DEL CONSEJO

MUNICIPAL
City Hall Council Chamber Fecha de reunión: 5 de junio de 2023 401 Grove Street Hora: 6:00 PM
Healdsburg, CA 95448 Fecha de publicación: 31 de mayo de 2023 Para participar por computadora, tableta o dispositivo móvil:

Vaya a https://zoom.us/join y teclee el número de identificación (ID) del seminario web: 815 8894 3494 o siga este enlace: healdsburg.gov/zoom (No es necesario inscribirse previamente a la reunión).

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

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

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

3. ANUNCIOS/PRESENTACIONES
A. Proclamación por la que se reconoce junio de 2023 como el Mes del Orgullo Lésbico, Gay, Bisexual, Transexual, Queer, Intersexual, Asexual y Aliado B. Proclamación por la que se reconoce junio de 2023 como el Mes de Toma de Conciencia del Abuso y Maltrato en la Vejez
C. Presentación del Programa de Seguridad en las Aceras Recibir una presentación sobre el Programa de Seguridad en las Aceras de la Ciudad de Healdsburg.

4. INFORMES DEL GERENTE DE LA CIUDAD

5. COMENTARIOS PÚBLICOS SOBRE LOS PUNTOS EN EL CALENDARIO ACORDADO Y LOS PUNTOS NO INCLUIDOS EN EL ORDEN DEL DÍA
Este tiempo se reserva para recibir comentarios del público sobre asuntos de interés general no incluidos en el orden del día, pero relacionados con los asuntos del Consejo Municipal/RSA. Sin embargo, conforme la Ley Brown, el Consejo Municipal no puede considerar temas o tomar medidas sobre cualquier solicitud hecha durante este período de comentario. Los comentarios del público sobre los puntos no incluidos en el orden del día están limitados a treinta (30) minutos en Orden del día de la Reunión Ordinaria del Consejo Municipal /RSA 5 de junio de 2023
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total para todos los oradores, concediéndose a cada orador un máximo de tres (3) minutos. Si hay más de diez (10) comentarios públicos, el alcalde puede reducir el tiempo de tres (3) minutos de cada orador para que así todos los oradores tengan el mismo tiempo para hablar. A discreción del alcalde, el periodo de comentarios del público podrá prolongarse más de 30 minutos. Los miembros del público que deseen hablar sobre un asunto en el calendario acordado deben notificárselo al alcalde durante los comentarios públicos.

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

A. Aprobación de las Actas
Por moción, aprobar las Actas de la Reunión Ordinaria del 5 de diciembre de 2022, las Actas de la Reunión Ordinaria del 19 de diciembre de 2022, las Actas de la Reunión Ordinaria del 23 de enero de 2023, y las Actas de la Reunión Ordinaria del 6 de febrero de 2023.

B. Recibir el Informe Mensual de Inversiones correspondiente al mes de abril de 2023 Recibir y aprobar el Informe Mensual de Inversiones correspondiente al mes de abril de 2023.

C. Aprobar el Informe de Desembolso de fondos Retirados durante el mes de abril de 2023
Por moción, aprobar el Informe de Desembolsos durante el mes de abril de 2023.

D. Autorizar la compra de un transportador apilador radial de biosólidos para la Instalación de Regeneración de Aguas
Adoptar una resolución que autorice la compra de un equipo transportador de apilamiento radial de biosólidos para la Instalación de Reciclaje de Agua por un importe que no exceda de $71,400.

E. Memorándum de Acuerdo con MDL LLC (Hotel Duchamp) para el Proyecto del Pabellón Comunitario de la Familia Foley
Orden del día de la Reunión Ordinaria del Consejo Municipal /RSA 5 de junio de 2023
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Adoptar una Resolución por la que se apruebe un Memorando de Acuerdo con MDL LLC para la coordinación de las actividades de construcción del proyecto del Pabellón Comunitario de la Familia Foley y la ampliación del Hotel Duchamp, el intercambio relacionado de intereses inmobiliarios y el establecimiento de responsabilidades de mantenimiento del puente y la calzada de Foss Creek, y por la que se autorice al Gerente de la Ciudad a ejecutar los documentos en nombre del Consejo Municipal.

F. Revisión anual del cumplimiento de buena fe de los términos y condiciones de los Acuerdos de Desarrollo para los siguientes proyectos: 1. Proyecto Saggio Hills (Sonoma Luxury Resort, LLC; Oaks & Olives, LLC) 2. Proyecto Mill District (Replay Healdsburg, LLC; Eden Mill District, LP) 3. Proyecto North Village (CCS Healdsburg, LLC; Kendal at Sonoma, A Zen Inspired Community) Adoptar una Resolución que constate que Sonoma Luxury Resort LLC, Oaks & Olives LLC cumplen de buena fe los términos y condiciones del Acuerdo de Desarrollo para el proyecto Saggio Hills, Replay Healdsburg LLC, Eden Mill District LP cumplen de buena fe los términos y condiciones del Acuerdo de Desarrollo para el proyecto Mill District, CCS Healdsburg LLC, y Kendal at Sonoma, A Zen Inspired Community cumplen de buena fe los términos y condiciones del Acuerdo de Desarrollo para el proyecto North Village.

7. AUDIENCIAS PÚBLICAS
A. Revisiones al Código Municipal de Healdsburg, Título 17, Desarrollo de la Propiedad y Título 20, Código de Uso de Tierras
Llevar a cabo una audiencia pública y, por moción, presentar para primera lectura, sólo por título, una ordenanza que modifica el Código Municipal de Healdsburg Título 17, Desarrollo de la Propiedad y el Título 20 Código de Uso de Tierras, y la exención CEQA relacionada.

8. ASUNTOS PENDIENTES
A. Considerar la adopción de tarifas eléctricas para los años fiscales 2023-24 hasta 2026-27
Adoptar una Resolución por la que se anula la Resolución n.º 9-2016 tras la facturación de servicios públicos de octubre de 2023 y se adoptan aumentos de tarifas eléctricas y tablas de tarifas actualizadas.

9. ASUNTOS NUEVOS
A. Política para el trato humanitario de los animales en las operaciones de pastoreo para la prevención de incendios
Orden del día de la Reunión Ordinaria del Consejo Municipal /RSA 5 de junio de 2023
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Adoptar una Resolución por la que se adopta una "Política de trato humanitario de los animales en las operaciones de pastoreo para la prevención de incendios".

B. Nombrar un Subcomité del Consejo para entrevistar a los solicitantes para la Comisión de Planificación
Considerar la posibilidad de nombrar un subcomité del Consejo para entrevistar a los solicitantes para la Comisión de Planificación.

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

REEMBOLSO DE GASTOS

11. COMUNICACIONES ESCRITAS

12. LEVANTAR LA REUNIÓN DEL CONSEJO MUNICIPAL/RSA

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

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

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

CITY OF HEALDSBURG

PROCLAMATION

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY
OF HEALDSBURG PROCLAIMING JUNE 2023 AS “LESBIAN,

GAY, BISEXUAL, TRANSGENDER, QUEER, INTERSEX,

ASEXUAL AND ALLY PRIDE MONTH IN THE CITY OF

HEALDSBURG
WHEREAS, Healdsburg’s colorful LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Ally) communities represent an integral part of our community and enhance our city’s well-being; and
WHEREAS, The LGBTQIA+ community are our neighbors, mothers, fathers, brothers, sisters, friends and allies. These individuals are vital to our city and demonstrate with pride and commitment their contributions to our city’s economy and quality of life; and WHEREAS, the LGBTQIA+ community includes elected and appointed officials, professionals, business owners, decision makers and employees in government, including in the City of Healdsburg as well as public and private enterprises, parents, students, homeowners, charitable leaders and volunteers; and
WHEREAS, June 2023 is “International Pride Month,” a month that reflects upon a movement fifty-three years ago when a black trans woman of color, Marsha P. Johnson, threw the first brick at the Stonewall Bar in New York, New York. The Stonewall Uprising began as a fight for equality and in opposition to discriminatory laws and treatment. The Stonewall Uprising continues to inspire the modern LGBTQIA+ and the Civil Rights movement; and WHEREAS, now more than ever our City stands alongside our LGBTQIA+ community; and
WHEREAS, California has been a leader in advancing the civil rights of its LGBTQIA+ citizens and the City of Healdsburg is proud to support this cause and in 2019, issued the first Proclamation recognizing Pride Month; and
WHEREAS, while further progress and achievements need to be made, it is important to recognize and celebrate the immense gains and progress we have made.

NOW THEREFORE BE IT PROCLAIMED that the City Council of the City of Healdsburg, hereby proclaims June 2023 as “Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and Ally Pride Month” in the City of Healdsburg.

DATED: JUNE 5, 2023
SO ORDERED:
______________________________
Ariel Kelley, Mayor

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Attachment: Proclamation (4057 : Proclamation - Pride Month)

CITY OF HEALDSBURG

PROCLAMATION

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY
OF HEALDSBURG RECOGNIZING JUNE 2023 AS ELDER

ABUSE AWARENESS MONTH IN THE CITY OF

HEALDSBURG
WHEREAS, Healdsburg’s older adults are valued members of society; and WHEREAS, abuse of older adults is a tragedy inflicted on vulnerable seniors and an everincreasing problem in today’s society that crosses all socio-economic boundaries; and WHEREAS, the number of reported Adult Protective Services and Ombudsman cases in Healdsburg was 168 in 2022 a 15% decrease since 2021; and WHEREAS, elderly and dependent adults have the right to be protected under the law from all types of abuse, including financial, physical, psychological, sexual, spiritual or neglect; and WHEREAS, combating the abuse of older persons will help improve the quality of life for Healdsburg’s older adult population, and enable them to continue to serve as leaders, mentors, volunteers, and important and active members of this community; and WHEREAS, elder abuse should not be ignored nor endured; and WHEREAS, the issue of elder abuse prevention requires continual community awareness and education and the City of Healdsburg provides support, services and education to our older adult population through the Healdsburg Senior Center and its programs and services.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Healdsburg hereby recognizes June 2023 as Elder Abuse Awareness Month and encourages all residents to recognize and celebrate the accomplishments of Healdsburg’s older adults.

DATED: June 5, 2023
SO ORDERED:

Ariel Kelly, Mayor

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Attachment: Proclamation (3981 : Proclamation - Elder Abuse Awareness Month)

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
December 5, 2022

CITY HALL COUNCIL CHAMBER
401 Grove Street, Healdsburg
.

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

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

Absent: Council Members/: None
Board Members

APPROVAL OF AGENDA
On a motion by Vice Mayor Kelley, seconded by Councilmember Hagele, approved the December 5, 2022, City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent - None)

REPORT ON CLOSED SESSION
None.

ANNOUNCEMENTS/PRESENTATIONS – PROCLAMATION RECOGNIZING TINA

TRETTIN ON THE OCCASION OF HER RETIREMENT
Mayor Jimenez, with Council concurrence, issued a Proclamation recognizing Administrative Specialist Tina Trettin on the occasion of her retirement.

Tina Trettin, Administrative Specialist, thanked Council for the Proclamation and commented on her years of service to the City of Healdsburg.

ANNOUNCEMENTS/PRESENTATIONS – PROCLAMATION RECOGNIZING JERRY

EDDINGER ON HIS YEARS OF SERVICE TO THE CITY OF HEALDSBURG Mayor Jimenez, with Council concurrence, issued a Proclamation recognizing Jerry Eddinger on his years of service to the City of Healdsburg.

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Attachment: December 5, 2022 Regular Meeting Minutes (4075 : Approval of Minutes - June 5, 2023) City Council/RSA Regular Meeting Minutes
December 5, 2022

Jerry Eddinger thanked the Council for the Proclamation and commented on his time spent with the city.

CITY MANAGER REPORTS
City Manager Kay thanked staff for the Merry Healdsburg event and the Senior Dinner at the Villa Chanticleer. City Manager Kay provided information on the upcoming Coffee with the City event, the climate mobilization strategy kickoff and informed Council the new Ford Lighting has arrived and was outside the Council Chamber before the meeting.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON

AGENDA ITEMS
Susan Graf commented on black Friday shopping and inquired if a holiday planning committee could be created to assist with getting the word out on the various holiday events.

Dana Grady commented on the Warm Springs 4H group and the activities the government group teaches young kids.

Adina Flores expressed her concern for the potential appointment of Vice Mayor Kelley to Mayor and commented on various political constituents.

Kelly asked Council not to appoint Ariel Kelley as Mayor at the end of the meeting, commented on Covid-19 and local political constituents.

Maria commented on Vice Mayor Kelley.

Carol Beattie thanked the Mayor for his service and wished him well on his next steps.

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

A. RECEIVE THE MONTHLY INVESTMENT REPORT FOR OCTOBER 2022 By motion, received and approved the Monthly Treasurer’s Investment Report for October 2022. (Ayes 4, Noes 0, Absent - None)
B. APPROVAL OF DISBURSEMENT REPORT FOR WITHDRAWALS DURING THE MONTH OF OCTOBER 2022

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Attachment: December 5, 2022 Regular Meeting Minutes (4075 : Approval of Minutes - June 5, 2023) City Council/RSA Regular Meeting Minutes
December 5, 2022

By motion, approved the Disbursement Report for October 2022. (Ayes 4, Noes 0, Absent - None)
C. ACCEPTANCE OF A PUBLIC SIDEWALK EASEMENT AT 425 PIPER STREET Adopted Resolution No. 176-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING A PUBLIC SIDEWALK EASEMENT AT 425 PIPER STREET (PORTION OF APN: 002-132-001).” (Ayes 4, Noes 0, Absent - None) D. REQUEST FOR ROAD CLOSURE ON DECEMBER 16, 2022 FOR COMMUNITY

POSADA AND HANUKKAH EVENT
Approved the Community Services Department's request to implement road closures on Center Street between Plaza Street and Matheson Street for the proposed Community Posada and Hanukkah event on December 16, 2022. (Ayes 4, Noes 0, Absent - None) E. ADOPTION OF RESOLUTION AUTHORIZING REMOTE MEETINGS
Adopted Resolution No. 177-2022 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AND ON BEHALF OF COMMISSIONS AND

COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS.” (Ayes 4, Noes 0, Absent - None)
The motion to approve the Consent Calendar as submitted carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
OLD BUSINESS – FIRST QUARTER FINANCIAL UPDATE
Finance Director Edgar stated the action this evening was to adopt a resolution amending the fiscal year 2022-23 budget. Director Edgar reviewed general fund revenues, general fund expenses, general fund balance, community services revenue, community services expenses, utility funds and provided information on the proposed budget amendments.

In response to Council’s inquiries, Director Edgar provided information on forecasting trends in TOT and transfer tax revenue. Assistant City Manager Sturmfels provided information on budget items that finance is monitoring.

There were no public comments on this item.

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Attachment: December 5, 2022 Regular Meeting Minutes (4075 : Approval of Minutes - June 5, 2023) City Council/RSA Regular Meeting Minutes
December 5, 2022

On a motion by Vice Mayor Kelley, seconded by Councilmember Hagele, adopted Resolution No. 178-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING THE FISCAL YEAR 2022-23 BUDGET.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None) OLD BUSINESS – DIVERSITY, EQUITY AND INCLUSION PLAN DEVELOPMENT UPDATE
Assistant City Manager Sturmfels introduced the Acosta Latino Learning Partnership (ALLP) group who would be giving the update on the Diversity, Equity and Inclusion (DEI) Plan this evening.

Dr. Curtis Acosta provided information on the project timeline, the phase one community Encuentros. Dr. Orlando Carreon reviewed the objectives and themes of phase one Encuentros.

Dr. Deyanira Nevarez Martinez reviewed the survey completed by City of Healdsburg employees including themes.

Dr. Acosta further reviewed what is planned for phase two during January and March of 2023, probable themes for phase two Encuentros and the construction of the DEI Plan during phase three.

In response to the Council’s inquiries, Dr. Acosta provided information on the interpretation process for the Encuentros, what role the Council has in the development of the Plan, providing culturally responsive city services and themes for inclusion.

Public Comment
Zeke Guzman commented on earning a living wage and the lack of affordable housing in Healdsburg.

Tallia Hart, CEO of the Chamber of Commerce, expressed interest in partnering on this item with ALLP.

Adina Flores commented on a Councilmember.

Mayor Jimenez thanked ALLP for their presentation, work done to date and inquired when ALLP would return to Council with another update.

NEW BUSINESS – PROPOSED CONTRACT AND LEASE WITH CORAZON

HEALDSBURG

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Attachment: December 5, 2022 Regular Meeting Minutes (4075 : Approval of Minutes - June 5, 2023) City Council/RSA Regular Meeting Minutes
December 5, 2022

Assistant City Manager Sturmfels stated the action this evening was to adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Corazon Healdsburg for community outreach and support services and a lease agreement for space at the Community Center. Assistant City Manager Sturmfels provided background information on the services provided by Corazon, reviewed the proposed contract scope for fiscal year 2022-23, including community outreach on city programs and services and enhancing community access and participation.

Community Services Director Themig provided information on the proposed lease of three class rooms at the Community Center for fiscal year 2022-23, including the length, the value of the lease space and focus areas of the proposed lease.

Marcy Flores, Interim Executive Director of Corazon Healdsburg, reviewed the highlights and accomplishments of Corazon during the 2021-2022.

Public Comment
Adina Flores inquired why the item was placed on the agenda for discussion, donations provided to Corazon Healdsburg and commented on Covid-19.

Council thanked Corazon for all the work they do in the community.

On a motion by Councilmember Hagele, seconded by Councilmember Mitchell, adopted Resolution No. 179-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEALDSBURG APPROVING A PROFESSIONAL SERVICES AGREEMENT AND LEASE AGREEMENT WITH CORAZÓN HEALDSBURG FOR THE PROVISION OF

OUTREACH AND SUPPORT SERVICES TO THE LATINO/A/E COMMUNITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None) NEW BUSINESS – REVISION TO THE RATE SCHEDULE FOR GARBAGE COLLECTION AND RECYCLING SERVICES EFFECTIVE JANUARY 2023 BILLING CYCLE
Transportation and Public Works Director Zimmer stated the action this evening was to adopt a resolution authorizing a rate increase for garbage collection and recycling services. Director Zimmer introduced Alex Soulard from R3 Consulting Group who would be giving the presentation.

Mr. Soulard provided background information on rate adjustments, noting Recology is allowed an annual rate increase every year. Mr. Soulard reviewed what solid waste rates include, the

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adjustment SB 1383 made to solid waste, 2023 residential and commercial rates and the comparison of rates to surrounding agencies.

There were no public comments on this item.

On a motion by Vice Mayor Kelley, seconded by Councilmember Mitchell, adopted Resolution No. 180-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING MAXIMUM AUTHORIZED RATES FOR REFUSE

COLLECTION AND DISPOSAL SERVICES FEES EFFECTIVE AS OF THE JANUARY 2023 BILLING CYCLE.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)
NEW BUSINESS – HONOR OUTGOING COUNCILMEMBER AND MAYOR

JIMENEZ
Vice Mayor Kelley presented Mayor Jimenez with a plaque and thanked him for his service as a Councilmember and Mayor.

Councilmember Mitchell thanked Mayor Jimenez for his service and friendship.

Councilmember Hagele expressed his appreciation for Mayor Jimenez and wished him well.

Mayor Jimenez commented on his years of service as a Councilmember and thanked those who supported them during his time as a Councilmember.

NEW BUSINESS – CANVASS OF 2022 MUNICIPAL ELECTION RESULTS AND

INSTALLATION OF COUNCIL MEMBERS
City Clerk Allan reported the certified results of the November 8, 2022 General Municipal Election had been received from the Sonoma County Registrar’s Office and noted for the record that the results of the election were as follows:

CITY COUNCILMEMBER 4 YEAR TERM (TWO SEATS)
Candidate Total
Linda Cade 826 10.03%
Evelyn L. Mitchell 2,909 35.33%
Chris Herrod 2,873 34.89%
Susan Graf 1,626 19.75%
Total Votes 8,234

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CITY COUNCIL MEMBER 2 YEAR TERM (ONE SEAT)
Candidate Total
Ronald Edwards 2,095 45.75%
Brigette Mansell 2,042 44.59%
Matias Lopez Jr. 442 9.65%
Total Votes 4,579
MEASURE L – CITY OF HEALDSBURG OCCUPANCY TAX
Candidate Total
Yes 3,707 76.03%
No 1,169 23.97%
Total Votes 4,876
MEASURE M – CITY OF HEALDSBURG BUSINESS TAX
Candidate Total
Yes 3,529 72.48%
No 1,340 27.52%
Total Votes 4,869
City Clerk Allan noted for the record Evelyn Mitchell and Chris Herrod had been elected to the City Council for a term of four years and Ron Edwards had been elected to the City Council for a term of two years. The City Clerk further noted that Measure L and Measure M were approved by a majority of votes and that Ordinance No. 1220 and No. 1221 were approved by the voters.

There were no public comments on this item.

On a motion by Vice Mayor Kelley, seconded by Councilmember Mitchell, adopted Resolution No. 181-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.” The motion carried on a unanimous roll call vote. (Ayes 4, Noes 0, Absent – None)

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The foregoing Ordinance No. 1220 entitled: “AN ORDINANCE OF THE CITY OF

HEALDSBURG AMENDING THE TRANSIENT OCCUPANCY TAX ORDINANCE OF THE

CITY OF HEALDSBURG TO PERMIT THE USE OF TRANSIENT OCCUPANCY TAX

REVENUES TO ACQUIRE AND CONSTRUCT CAPITAL IMPROVEMENTS FOR PARKS,

COMMUNITY SERVICES FACILITIES AND AFFORDABLE HOUSING, INCLUDING

PAYMENT OF PRINCIPAL, INTEREST AND COSTS OF INDEBTEDNESS FOR THE SAME,” was adopted by Declaration of the November 8, 2022, election results.

The foregoing Ordinance No. 1221 entitled: “AN ORDINANCE OF THE PEOPLE OF THE CITY OF HEALDSBURG, STATE OF CALIFORNIA, AMENDING TITLE 3 OF THE HEALDSBURG MUNICIPAL CODE TO ADD A NEW CHAPTER 3.32 ENTITLED “CANNABIS BUSINESS TAX,” was adopted by Declaration of the November 8, 2022, election results.

City Clerk Allan administered the oath of office to newly elected Councilmembers Evelyn Mitchell, Chris Herrod and Ron Edwards.

Newly elected Councilmembers Herrod, Edwards and Mitchell expressed their excitement to serve on the City Council.

NEW BUSINESS – SELECTION OF MAYOR AND VICE MAYOR
Vice Mayor Kelley opened the item up for discussion.

Public Comment
Adina Flores commented on the Constitution of the United States, equity in Healdsburg and the conduct of the Council.

Shelby Pryor congratulated the new Councilmembers and commented on the conduct of a councilmember.

Deb Kravitz commented on the service of Vice Mayor Kelley and expressed her desire to see the Vice Mayor serve as Mayor.

Maria commented on the conduct of a councilmember.

On a motion by Councilmember Mitchell, seconded by Councilmember Edwards, nominated Vice Mayor Kelley to be Mayor and Councilmember Hagele as Vice Mayor. Vice Mayor Kelley and Councilmember Hagele accepted the nominations. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)

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COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Mayor Kelley thanked Council for the nomination and expressed her excitement to serve as Mayor in the upcoming year and reported she attended Merry Healdsburg, the Senior Appreciation Dinner and the sip and shop event hosted by the Chamber.

Vice Mayor Hagele expressed his excitement to serve on the City Council in the upcoming year.

Councilmember Mitchell congratulated the new Councilmembers and the new Mayor and Vice Mayor.

Councilmember Herrod had nothing to report.

Councilmember Edwards had nothing to report.

WRITTEN COMMUNICATIONS
None.

ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 9:00 p.m.

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

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CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

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

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

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

Absent: Councilmembers/: None
Board Members

APPROVAL OF AGENDA
On a motion by Vice Mayor Hagele, seconded by Councilmember Mitchell, approved the December 19, 2022 City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent -None)

REPORT ON CLOSED SESSION(S)
None.

ANNOUNCEMENTS/PRESENTATIONS – EMPLOYEE ANNIVERSARY
Assistant City Manager Sturmfels introduced Adam McKenna, IT Services Manager for the City of Healdsburg, and thanked him for all the work he has done to improve the City of Healdsburg’s IT services.

CITY MANAGER REPORTS
City Manager Kay announced the City has moved COVID-19 tiers, the masking requirements have been modified and city facilities would be closed the week between Christmas and New Years.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NONAGENDA ITEMS None.

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

A. ACCEPT THE RECYCLED WATER EXPANSION PROJECT - PHASE 2, PROJECT SE001, AS COMPLETE
Adopted Resolution No. 182-2022, titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING THE RECYCLED WATER EXPANSION PROJECT, PHASE 2, AS COMPLETE AND AUTHORIZING STAFF TO FILE A NOTICE OF COMPLETION.” (Ayes, 5, Noes 0, Absent – None) B. PROCUREMENT OF CITY VEHICLES
Adopted Resolution No. 183-2022, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG APPROVING THE PURCHASE OF A 2022 F250 FROM SANDERSON FORD FOR $68,988; APPROVING AMENDMENTS TO EXISTING

PURCHASE ORDER CONTRACTS WITH NATIONAL AUTO FLEET GROUP, CHANGING THE MODEL YEAR TO 2023 MODEL YEAR VEHICLES; APPROVING THE PURCHASE OF A 2022 FORD E-TRANSIT CARGO VAN FROM NATIONAL AUTO FLEET GROUP; AUTHORIZING THE CITY MANAGER TO EXECUTE THE

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

INCREASING APPROPRIATIONS IN THE VEHICLE REPLACEMENT FUND TO COVER THE COSTS OF THE AMENDMENTS AND NEW VEHICLE PURCHASES.” (Ayes, 5, Noes 0, Absent – None)
C. VACATING THE PUBLIC EMERGENCY VEHICLE ACCESS EASEMENT AS

SHOWN ON LOT ONE OF THE FINAL MAP OF THE MILL DISTRICT

SUBDIVISION
Adopted Resolution No. 184-2022, titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG SUMMARILY VACATING THE PUBLIC EMERGENCY

VEHICLE ACCESS EASEMENT AS SHOWN ON LOT ONE OF THE FINAL MAP FOR

THE MILL DISTRICT SUBDIVISION, OFFICIAL RECORDS OF SONOMA COUNTY BOOK 817, PAGES 32-47, DOCUMENT NO. 2020-124351, PURSUANT TO CHAPTER 4 OF PART 3 OF DIVISION 9 OF THE CALIFORNIA STREETS AND HIGHWAYS

CODE, WHICH PUBLIC EMERGENCY VEHICLE ACCESS EASEMENT WILL BE SUPERSEDED BY RELOCATION.” (Ayes, 5, Noes 0, Absent – None)

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D. 2023 LOCAL APPOINTMENTS LIST PURSUANT TO THE MADDY ACT Adopted Resolution No. 185-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING THE LOCAL APPOINTMENT LIST OF POSITIONS ON BOARDS, COMMISSIONS AND COMMITTEES FOR 2023 AND

DESIGNATING THE HEALDSBURG REGIONAL LIBRARY AS THE PUBLIC

LIBRARY TO RECEIVE A COPY OF THE LOCAL APPOINTMENTS LIST PURSUANT TO THE MADDY ACT.” (Ayes, 5, Noes 0, Absent – None)
E. FISCAL YEAR 2021-2022 ANNUAL REPORT OF DEVELOPER FEES (AB 1600

REPORT)
Adopted Resolution No. 186-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG ACCEPTING THE FISCAL YEAR 2021-22 ANNUAL REPORT OF DEVELOPER DEPOSITS (AB 1600 REPORT).” (Ayes, 5, Noes 0, Absent – None)
F. CITY HALL PLANNING COUNTER MODIFICATIONS
Adopted Resolution No. 187-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG CONDITIONALLY AWARDING THE CONTRACT FOR THE CONSTRUCTION OF THE 2022 CITY HALL PLANNING COUNTER

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

CONSTRUCTION CONTRACT AND RELATED CHANGE ORDERS, APPROVING A 10% CONTRACT CONTINGENCY IN THE AMOUNT OF $5,780, AND INCREASING APPROPRIATIONS IN THE FISCAL YEAR 2022-23 BUDGET.” (Ayes, 5, Noes 0, Absent – None)
G. SENIOR CENTER IMPROVEMENTS
Adopted Resolution No. 188-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF

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

CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT AND RELATED CHANGE ORDERS, APPROVING A 10% CONTRACT CONTINGENCY IN THE AMOUNT OF $17,100, AND INCREASING APPROPRIATIONS IN THE FISCAL YEAR 2022-23 BUDGET.” (Ayes, 5, Noes 0, Absent – None)

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H. ALLIANCE MEDICAL CENTER LEASE AGREEMENT FOR THE HEALDSBURG

COMMUNITY CENTER
Adopted Resolution No. 189-2022, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A LEASE AGREEMENT WITH

ALLIANCE MEDICAL CENTER FOR THE HEALDSBURG COMMUNITY CENTER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.” (Ayes, 5, Noes 0, Absent – None)
I. APPOINTMENT OF SENIOR CITIZEN ADVISORY COMMISSIONER
By motion, appointed Susan Graf to the Senior Citizen Advisory Commission for a term of three years due to expire January 1, 2026. (Ayes, 5, Noes 0, Absent – None) The motion to approve the Consent Calendar as above carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
PUBLIC HEARINGS-2022 FIRE CODE WITH LOCAL AMENDMENTS AND THE 2022 CALIFORNIA BUILDING STANDARDS CODE TITLE 24 WITH LOCAL

AMENDMENTS
Building Official Willoughby introduced Fire Marshal MacDonald noting both would be giving the presentation this evening. Official Willoughby stated the action this evening was to pass two ordinances adopting by reference the 2022 building and fire codes. Official Willoughby provided background information and reviewed the minor amendments to the California building standards code. Fire Marshal MacDonald provided information on the revisions to the California fire code.

There were no public comments on this item.

On a motion by Councilmember Mitchell, seconded by Councilmember Herrod, adopted Ordinance No. 1222 titled, “AN ORDINANCE OF CITY COUNCIL OF THE CITY OF HEALDSBURG REPEALING ORDINANCE NO. 1194 AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, AS AMENDED, REGULATING

AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND

EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF

HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS

HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF HEALDSBURG; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR.” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)

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On a motion by Councilmember Edwards, seconded by Councilmember Mitchell, adopted Ordinance No. 1223 titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG REPEALING CHAPTER 15.04 OF THE HEALDSBURG MUNICIPAL CODE AS CURRENTLY IN EFFECT AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE TITLE 24 AS MANDATED BY THE STATE BUILDING STANDARDS COMMISSION WHICH INCLUDES: THE CALIFORNIA ADMINISTRATIVE CODE PART 1, THE CALIFORNIA BUILDING CODE PART 2 VOLUMES 1 & 2 INCLUDING APPENDIX CHAPTER B AND J AS AMENDED, THE CALIFORNIA RESIDENTIAL CODE PART 2.5 AS AMENDED, THE CALIFORNIA ELECTRICAL CODE PART 3 AND TABLES AS AMENDED, THE CALIFORNIA MECHANICAL CODE PART 4 AND STANDARDS AS AMENDED, THE CALIFORNIA PLUMBING CODE PART 5 AND STANDARDS AS AMENDED, THE CALIFORNIA ENERGY CODE PART 6, THE CALIFORNIA HISTORICAL BUILDING CODE PART 8, THE CALIFORNIA FIRE CODE PART 9, AS AMENDED, THE CALIFORNIA EXISTING BUILDING CODE PART 10 AS AMENDED, THE CALIFORNIA REFERENCED STANDARDS CODE PART 12, AND THE INTERNATIONAL PROPERTY
MAINTENANCE CODE 2021 EDITION AS AMENDED.” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)

PUBLIC HEARINGS - CONDUIT FINANCING FOR THE NORTH VILLAGE

APARTMENTS AFFORDABLE HOUSING PROJECT
Housing Director Sotomayor stated the action this evening was to hold a public hearing and adopt a resolution approving the issuance of Bonds by the CMFA for the benefit of Burbank Housing Development Corporation.

Linda Ruffing, North Coast Community Planning, provided background information on the North Village project, an overview of the development contained in the North Village site, the affordability mix on parcel two and parcel four, the site-wide affordable housing mix and the next steps in the planning process.

Director Sotomayor provided information on the need for the TEFRA Hearing, noting Burbank Housing is seeking authority to issue revenue bonds up to $30 million to finance the affordable housing on Parcel four.

In response to Council’s inquiries, Director Sotomayor provided information on how middleincome units can be financed into the future, the need for units in the different income categories and meeting RHNA number. Efren Carrillo, Vice President Burbank Housing, provided information on the proposed change in affordability mix, the competition for tax credits and bond financing. Linda Ruffing reviewed the housing mix on each parcel and the local preference provision. Charlie Crowe, Burbank Housing, provided information on how the project would be

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funded if Council did not approve the new affordability mix in the future, and what the risk is moving forward with Bond financing without approval of the affordability mix.

There were no public comments on this item.

On a motion by Vice Mayor Hagele, seconded by Councilmember Mitchell, adopted Resolution No. 190-2022, titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE ISSUANCE OF BONDS BY THE CMFA FOR THE

BENEFIT OF BURBANK HOUSING DEVELOPMENT CORPORATION, A CALIFORNIA

NONPROFIT PUBLIC BENEFIT CORPORATION AND AN ORGANIZATION DESCRIBED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (THE "SPONSOR"), ON BEHALF OF A LIMITED LIABILITY COMPANY TO BE CREATED

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

FINANCING OF THE PROJECT, SUCH ADOPTION IS SOLELY FOR THE PURPOSES OF

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

CITY MANAGER OR THEIR DESIGNEE THEREOF TO EXECUTE THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CMFA.” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
OLD BUSINESS – SAGGIO HILLS PARK NAMING PROCESS
Vice Mayor Hagele recused from this item as his lives within 500 feet of the proposed park.

Community Services Director Themig stated the action this evening was to propose a process for naming the new park in the Saggio Hills development and provide direction to staff. Director Themig provided background information on the Development Agreement for the Saggio Hills project, the timeline to develop the park, reviewed the proposed master plan for Saggio Hills and Barbieri Park and the material planned to be used at the park in the Saggio Hills Development.

Director Themig further reviewed the current park naming policy, the objectives of the policy, the implementation of the current policy, the direction from Council in August and the proposed timeline for the naming process for the park in the Saggio Hill Development.

In response to Council's inquiries, Director Themig provided information when plaques can be placed in parks, why an individual would need to be deceased in order for the park to be named after them, and naming pieces of the park after potential donors.

Council discussion ensued on the park naming policy returning to the Parks and Recreation Commission, including living people as a naming option, allowing financial donors to contribute to the park and have a piece of the park named after them, incorporating the DEI initiatives,

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including the Indigenous and Latino community in the process and have four or five naming options return to Council.

There were no public comments on this item.

Following a brief discussion by Council, there was Council consensus to receive an update form City staff on park financing options.

NEW BUSINESS – APPOINT COUNCIL SUBCOMMITTEE TO INTERVIEW

PLANNING COMMISSION APPLICANTS
Mayor Kelley introduced the item for discussion and inquired if Council was open to having two subcommittees to interview the applicants.

There was Council consensus to form two subcommittees to conduct interviews. Councilmember Edwards and Councilmember Hagele formed one subcommittee and Councilmember Mitchell and Councilmember Herrod form the second subcommittee.

Council discussion ensued on questions the subcommittee could ask the Planning Commission applicants.

There were no public comments on this item.

Following a brief discussion, there was Council consensus to move forward with the following questions:

1. Share with us your involvement with the planning commission to this point? How many planning commission meetings have you attended in Healdsburg? Do you know any of the current planning commissioners?

2. Have you read the city’s general plan? Or any area plans or land use documents?

3. What would you do if there is an agenda item that comes in completely compliant with the general plan and other specific plans, but you don't like the project?

4. Please tell us what you understand the role of the Planning Commission to be?

5. Knowing that we have a diverse community, how would you work to represent the community as a whole and not just your particular viewpoint? NEW BUSINESS – APPOINTMENTS OF COUNCILMEMBERS TO VARIOUS BOARDS AND COMMISSIONS FOR 2023
Mayor Kelley introduced this item for discussion and asked Council if there were any changes they would like to make to their appointments.

There were no public comments on this item.

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Following Council discussion and deliberation on the appointments, on a motion by Vice Mayor Hagele, seconded by Councilmember Herrod, assigned Councilmember appointments to the various Boards and Commissions for 2023 as noted below. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
Board/Commission/Committee 2023 Representative
Healdsburg Library Advisory Board
Council Member Herrod – Representative
Council Member Edwards - Alternate
Senior Advisory Commission Liaison
Council Member Edwards – Representative
Council Member Herrod – Alternate
Northern California Power Agency
(NCPA)
Vice Mayor Hagele, Commissioner
Mayor Kelley, Alternate
Transmission Agency of Northern California (TANC) Vice Mayor Hagele, Commissioner Mayor Kelley, Alternate
Mayors’ and Councilmembers Association City
Selection Committee and Mayors’ and
Councilmembers’ Association Board of Directors
Mayor Kelley - Representative
Vice Mayor Hagele - Alternate
Association of Bay Area Governments Mayor Kelley - Delegate Council Member Herrod - Alternate
Sonoma County Transportation Authority/Regional
Climate Protection Authority
Mayor Kelley – Representative
Council Member Edwards – Alternate
Chamber of Commerce Board Council Member Mitchell
Marie Sparks Volunteer of the Year Committee Mayor Kelley League of California Cities General Assembly Mayor Kelley – Delegate Council Member Mitchell – Alternate
Mayors’ and Councilmembers’ Legislative
Committee
Council Member Edwards – Representative
Council Member Herrod – Alternate
Marin/Sonoma Mosquito & Vector Control District Citizen Shaun McCaffery (appointed for a four-year term. Will expire at end of 2026)
Sonoma County Waste Management Agency Council Member Mitchell – Representative Public Works Director Zimmer – Alternate
Healdsburg High School Scholarship Committee Council Member Mitchell and Mayor Kelley Russian River Watershed Association
Council Member Edwards – Representative
Council Member Herrod – Alternate and Public
Works Director – Alternate
Northern So. Co. Air Pollution Control District Board
of Directors
Mayor Kelley – Representative
Council Member Herrod – Alternate
Healdsburg Tourism Improvement District Council Member Mitchell – Representative Northwest Public Power Association Vice Mayor Hagele
Parks and Recreation Commission Liaison Council Member Mitchell – Representative Council Member Herrod – Alternate

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NEW BUSINESS – CITY COUNCIL MEETINGS AND WORK SESSION DATES FOR 2023
City Clerk Allan reviewed the proposed 2023 City Council meeting schedule noting that it is proposed that the regular meetings that fall on a holiday be rescheduled to the next day and that both meetings in July be cancelled as the Council has done in years past.

Council discussion ensued on rescheduling the January meeting to accommodate the League Conference in Sacramento. There was Council consensus to hold the January council meeting on January 23, 2023.

City Manager Kay provided information on scheduling a goal setting session for 2023.

Following a brief discussion, there was Council consensus to hold goal setting on March 10, 2023.

There were no public comments on this item.

On a motion by Councilmember Mitchell, seconded by Councilmember Edwards, approved the 2023 meeting schedule, with the following modifications, holding one January Council meeting on January 23, 2023 and the City Council Goal Setting Session on March 10, 2023. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING
Councilmember Herrod reported he attended Coffee with the City Manager, the Climate Mobilization Strategy kickoff event, two holiday concerts, attended the Sonoma County Tourism meet and greet and the Posada and Hanukkah event in the Plaza.

Councilmember Edwards reported he attended the Sonoma County Tourism meet and greet and the Posada and Hanukkah event in the Plaza.

Councilmember Mitchell had nothing to report.

Mayor Kelley thanked City Staff for the Posada in the Plaza and the Hanukkah event, reported she attended the bistro lunch at the Senior Center and announced the Climate Mobilization Strategy survey is live.

Vice Mayor Hagele reported he attended the Sonoma County Tourism meet and greet, the Posada and Hanukkah event in the Plaza and the Great Redwood Trail meeting.

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WRITTEN COMMUNICATIONS
None.

ADJOURNMENT
There being no other City Council/RSA business to discuss, Mayor Kelley adjourned the City Council meeting at approximately 8:29 P.M.

APPROVED: ATTEST:
__________________________________ ___________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
January 23, 2023
City Hall Council Chamber
401 Grove Street, Healdsburg
.

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

Present: Councilmembers/: Edwards, Hagele, Herrod and Mayor Kelley Board Members

Absent: Councilmembers/: Mitchell
Board Members

APPROVAL OF AGENDA
On a motion by Vice Mayor Hagele, seconded by Councilmember Herrod, approved the January 23, 2023 City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous roll call vote with Councilmember Mitchell noted as absent. (Ayes 4, Noes 0, Absent – Mitchell)

REPORT ON CLOSED SESSION(S)
None.

ANNOUNCEMENTS/PRESENTATIONS – ALEXANDER VALLEY WATER DISTRICT

FORMATION
Mike Martini, Executive Director of SAVE, informed Council they would be receiving a presentation on the efforts to create an Alexander Valley Water District and introduced Walter Kieser who would be giving the presentation. Mr. Kieser provided information on the threats to the Alexander Valley Water Supply, the purpose and strategy of the proposed Water District, the proposed boundary and area of the District, the common interest and the cooperation with Healdsburg the proposed district would bring. Mr. Kieser further reviewed the proposed formation process to create the District.

In response to Council’s inquiries, Mr. Kieser spoke about funding, what kind of support is being sought from the City Council, the future of increasing water drilling, achieving water conservation and the cost to implement a program. Mr. Martini provided information on the water conservation groups they have been working with and ground water wells.

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CITY MANAGER REPORTS
City Manager Kay provided an update on the recent storms, the power outage on Reed Court, Lake Mendocino water levels, the development of the Climate Mobilization Strategy and the Diversity, Equity and Inclusion work. City Manager Kay further announced the ribbon cutting of the L&M Village on January 26, 2023 at 4:00 p.m. and informed the Council that the audited financial statements have arrived.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NONAGENDA ITEMS Louis Jordan commented on the special event revisions to ban smoking in city parks and encouraged enforcement of the ordinance after it is adopted.

David Jones commented on beautification and enforcement in town.

Stephanie Turk expressed her desire to walk and bike more around town and encouraged Council to create more bike lanes and sidewalks and increase connectivity.

Nara Dahlbacka commented on Consent Calendar Item I and inquired if Council could reopen the application process for additional consultants to apply for Cannabis management services.

Tyra Benoit commented on pedestrian and bicycle safety in Healdsburg and encouraged Council to create protected bike paths on Grove Street.

CONSENT CALENDAR
Mayor Kelley recused from Item 6J as she lives within the project area and has a perceived conflict of interest.

Item 6I was removed from the Consent Calendar for discussion.

On a motion by Councilmember Herrod, seconded by Councilmember Edwards, approved the Consent Calendar as follows:

A. APPROVAL OF MINUTES
By motion, approved the August 15, 2022 Regular Meeting Minutes and the September 6, 2022 Special Meeting Minutes as submitted. (Ayes 4, Noes 0, Absent – Mitchell)

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B. MONTHLY INVESTMENT REPORT
By motion, received and approved the Monthly Investment Report for November 2022 (Ayes 4, Noes 0, Absent – Mitchell)
C. DISBURSEMENT REPORT FOR WITHDRAWALS DURING THE MONTH OF NOVEMBER 2022
By motion, approved the Disbursement Report for November 2022 (Ayes 4, Noes 0, Absent – Mitchell)
D. BLOODROOT WINES SPECIAL EVENT REQUESTS FOR BLOODROOT RAMBLE ON JUNE 10, 2023
By motion, waived Healdsburg Municipal Code Section 12.28.2209(B) that prohibits the consumption of alcohol in City parks unless authorized by the City Council under Section

12.28.220(B) on Saturday, June 10, 2023 from Noon to 7:00 p.m.; and granted an exception to Healdsburg Special Events Policy Section 2 that prohibits use of a downtown event venue for more than 24 hours, effective 8:00 a.m., Friday, June 9, 2023 to Noon, Sunday, June 11, 2023; and waived Section 3b of the Healdsburg Special Events Policy that prohibits restricting access to West Plaza Park from Friday, June 9 at 8:00 a.m. until Sunday, June 11 at Noon. (Ayes 4, Noes 0, Absent – Mitchell)
E. PUBLIC UTILITY EASEMENT LOCATED UPON 440 LINCOLN STREET (APN 002-073-025)
Adopted Resolution No. 1-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING A PUBLIC UTILITY EASEMENT FROM JESSICA AND CHRISTOPHER PILLING, OVER 440 LINCOLN STREET, APN 002-073- 025.” (Ayes 4, Noes 0, Absent – Mitchell)
F. SIDE LETTER AGREEMENT WITH HPOA
Adopted Resolution No. 2-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING AND AUTHORIZING THE CITY

MANAGER TO SIGN A SIDE LETTER BETWEEN CITY OF HEALDSBURG AND THE HEALDSBURG POLICE OFFICERS’ ASSOCIATION AMENDING LANGUAGE

WITHING THE MEMORANDUM OF UNDERSTANDING REFERENCING HOURS OF WORK.” (Ayes 4, Noes 0, Absent – Mitchell)

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G. ADDITION OF DISCRETIONARY USER FEES RELATED TO THE ELECTRIC

AND WATER SERVICE
Adopted Resolution No. 3-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING RESOLUTION NO. 147-2019 (MASTER

FEE SCHEDULE) TO ADD CERTAIN DISCRETIONARY USER FEES RELATED TO CITY ELECTRIC AND WATER SERVICE.” (Ayes 4, Noes 0, Absent – Mitchell) H. AUDITED FINANCIAL STATEMENT FOR FISCAL YEAR ENDING JUNE 30, 2022 By motion, approved the Fiscal Year 2021-22 audited Financial Statements based on an audit performed in accordance with Government Auditing Standards.” (Ayes 4, Noes 0, Absent – Mitchell)
I. CANNABIS MANAGEMENT SERVICES CONTRACT WITH HDL COMPANIES This item was removed from the Consent Calendar for discussion.

J. GROVE STREET NEIGHBORHOOD PLAN IMPLEMENTATION (COMPLETE STREETS) OBAG 3 APPLICATION
This item was removed from the Consent Calendar to be voted on separately.

K. APPOINTMENT TO THE SONOMA COUNTY CONTINUUM OF CARE BOARD By motion, appointed Margaret Sluyk to the Sonoma County Continuum of Care Board as the North Sonoma County representative and Stephen Sotomayor as the alternate member to North County seat on the CoC Board. (Ayes 4, Noes 0, Absent – Mitchell) L. AUTHORIZING FINANCIAL INSTITUTION CHECK SIGNERS AND THE

INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND Adopted Resolution No. 4-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG DESIGNATING AUTHORIZED FINANCIAL INSTITUTION CHECK SIGNERS AND RESCINDING RESOLUTION NO. 57-2020.” (Ayes 4, Noes 0, Absent – Mitchell)
Adopted Resolution No. 5-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND, AND RESCINDING RESOLUTION NO. 86- 2020.” (Ayes 4, Noes 0, Absent – Mitchell)

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M. APPROVE THE PURCHASE OF A REPLACEMENT ROTATING ASSEMBLY FOR

THE CENTRIFUGE AT THE WATER RECLAMATION FACILITY
Adopted Resolution No. 6-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG DETERMINING THAT REPAIR AND REPLACEMENT

OF THE WATER RECLAMATION FACILITY CENTRIFUGE IS EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15301, AND AUTHORIZING THE CITY MANAGER

TO APPROVE THE PURCHASE OF A REPLACEMENT ROTATING ASSEMBLY FOR THE CENTRIFUGE.” (Ayes 4, Noes 0, Absent – Mitchell)
N. AGREEMENT WITH T&R COMMUNICATIONS FOR POLICE DEPARTMENT

NETWORK RE-CABLING
Adopted Resolution No. 7-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING THE CITY MANAGER TO EXECUTE

A PURCHASE AGREEMENT WITH T&R COMMUNICATIONS INC IN THE AMOUNT OF $110,396.” (Ayes 4, Noes 0, Absent – Mitchell)
O. RESOLUTION IN SUPPORT OF AN APPLICATION FOR FY 2023-2024

COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT FOR THE L&M

VILLAGE
Adopted Resolution No. 9-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE FISCAL YEAR 2023-2024 COMMUNITY

DEVELOPMENT BLOCK GRANT CARES ACT FOR THE L&M VILLAGE, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION.” (Ayes 4, Noes 0, Absent – Mitchell)
P. AMENDMENT OF CONTRACT WITH DRM BUILDERS FOR REHABILITATION

OF THE L&M VILLAGE TO INCREASE THE CONTRACT CONTINGENCY BY

5.5% IN THE AMOUNT OF $73,470
Adopted Resolution No. 8-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

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

FUND FROM THE L&M VILLAGE OPERATIONAL FUND, AND AUTHORIZING THE

CITY MANAGER TO TAKE THE NECESSARY ACTIONS TO EFFECTUATE THIS ACTION.” (Ayes 4, Noes 0, Absent – Mitchell)

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Q. PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST FOR PLAN

REVIEW AND INSPECTION SERVICES
Adopted Resolution No. 10-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH INTERWEST, TO PROVIDE PLAN REVIEW AND INSPECTION

SERVICES FOR THE CITY, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PROFESSIONAL SERVICES AGREEMENT ON BEHALF OF THE CITY WITH A NOT TO EXCEED AMOUNT OF $250,000.” (Ayes 4, Noes 0, Absent – Mitchell)
R. REDUCTION OF POSTED SPEED LIMIT ON CHIQUITA ROAD BETWEEN GROVE STREET AND US101
Introduced for first reading, by title only, waiving further reading of the text, “AN ORDINANCE AMENDING SECTION 10.50.050 OF THE HEALDSBURG MUNICIPAL

CODE, PRIMA FACIE SPEED LIMITS ESTABLISHED BY ENGINEERING AND TRAFFIC SURVEY (REGARDING SPEED LIMITS IN THE CITY OF HEALDSBURG).” (Ayes 4, Noes 0, Absent – Mitchell)
S. SPECIAL EVENT AND PUBLIC RECREATION AREA REVISIONS
Introduced for first reading, by title only, waiving further reading of the text, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING HEALDSBURG MUNICIPAL CODE CHAPTER 8.24 PUBLIC PLACES AND DWELLINGS, MULTI-UNIT SMOKING.” (Ayes 4, Noes 0, Absent – Mitchell) T. RESOLUTION AUTHORIZING REMOTE MEETINGS
Adopted Resolution No. 11-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AND ON BEHALF OF COMMISSIONS AND

COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS.” (Ayes 4, Noes 0, Absent – Mitchell)
The motion to approve the Consent Calendar as above carried on a unanimous roll call vote with Councilmember Mitchell noted as absent. (Ayes 4, Noes 0, Absent – Mitchell)

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GROVE STREET NEIGHBORHOOD PLAN IMPLEMENTATION (COMPLETE STREETS) OBAG 3 APPLICATION
On a motion by Vice Mayor Hagele, seconded by Councilmember Herrod, adopted Resolution No. 12-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING

ASSIGNED TO THE METROPOLITAN TRANSPORTATION COMMISSION AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE PROJECT.” The motion carried on a roll call vote with Mayor Kelley abstaining and Councilmember Mitchell noted as absent. (Ayes 3, Noes 0, Abstaining – Kelley, Absent – Mitchell)

CANNABIS MANAGEMENT SERVICES CONTRACT WITH HDL COMPANIES Councilmember Edwards commented on this item, encouraged staff to be involved throughout the process and noted he did not have a conflict of interest on this item.

Assistant City Manager Sturmfels outlined the process for Cannabis, the various decisions Council will need to make along the way and the need to have a consultant on board to assist with the process.

On a motion by Councilmember Edwards, seconded by Vice Mayor Hagele, adopted Resolution No. 13-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HDL

CONSULTANTS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND AMENDING THE FISCAL YEAR 2022-23 BUDGET.” The motion carried on a roll call vote with Councilmember Mitchell noted as absent. (Ayes 4, Noes 0, Absent – Mitchell)

PUBLIC HEARINGS
None.

OLD BUSINESS – APPOINTMENT OF PLANNING COMMISSIONER
Mayor Kelley introduced the item for discussion.

Councilmember Edwards reported that he and Councilmember Hagele had selected Alex Wood as their applicant for the Planning Commission.

Councilmember Herrod reported that he and Councilmember Mitchell had selected Stephen Barber as their applicant for the Planning Commission.

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There were no public comments on this item.

Council discussion ensued on which applicant to appoint to the vacant position and the qualifications of all the applicants.

On a motion by Councilmember Herrod, seconded by Councilmember Edwards, appointed Stephen Barber to the Planning Commission for a term of one year and six months to expire June 30, 2024. The motion carried on a roll call vote with Councilmember Mitchell noted as absent. (Ayes 4, Noes 0, Absent – Mitchell)
NEW BUSINESS – COMMUNITY WILDFIRE PROTECTION PLAN
Fire Chief Boaz introduced Fire Marshal/Division Chief MacDonald who would be giving the presentation this evening. Division Chief MacDonald stated the action this evening was to adopt the Community Wildfire Protection Plan (CWPP).

Division Chief MacDonald provided information on what a CWPP is, the goal of the CWPP, how the CWPP was funded, the timeline to develop the CWPP, key takeaways from the survey and reviewed historical fire maps. Division Chief MacDonald further reviewed next steps for fire prevention efforts and fuel reduction projects.

In response to Council’s inquiries, Division Chief MacDonald provided information on grants, how the funds can be used and educating the public on being prepared to evacuate.

There were no public comments on this item.

On a motion by Councilmember Edwards, seconded by Councilmember Herrod, adopted Resolution No. 14-2023, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG ADOPTING THE 2022 COMMUNITY WILDFIRE PROTECTION PLAN AS AN ANNEX TO THE 2018 LOCAL HAZARD MITIGATION PLAN.” The motion carried on a roll call vote, with Councilmember Mitchell noted as absent. (Ayes 4, Noes 0, Absent – Mitchell)
NEW BUSINESS – FISCAL YEAR 2022-23 MID-YEAR CITY COUNCIL GOAL UPDATE
City Manager Kay provided a brief introduction of the mid-year update, summarized the FY2020-25 Strategic Initiatives that were adopted as part of the Strategic Plan – Foundation For a Strong Community 2020-25 which were the framework for the FY 2022-23 City Council goals.

City Manager Kay summarized the mid-year update in each of the Council goals, as follows:

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Policies and Programs to Promote Economic Diversity and Sustainable Growth Goal: Complete the Housing Element
• The adopted FY 22-23 budget included $100,000 in the Measure S fund and $100,000 in the Measure T fund for development and implementation of the Housing Action Plan. 6th Cycle Housing Element Update
• Draft Housing Element completed and sent to HCD on November 15, 2022 with comments expected within 90 days of submittal. HCD comments will determine next steps and adoption timeline.

Housing Element Implementation
• Ongoing efforts in partnership with the Housing Element Work Group to include:

1. Downtown Housing Development Capacity Study

2. Identify Strategies to achieve Middle Income Housing and Homeownership Opportunities

3. Assessment of Impacts of the Growth Management Ordinance

4. Recommendations on policies and programs to assess second homes, vacant homes, and underutilized properties.

Goal: Begin Discussions about the South Entry Plan
• The adopted FY22-24 budget allocates $250,000 for long-range planning. This is not sufficient for either the South Entry Plan or a possible General Plan Update, but it does put the City on a pathway to getting those projects funded in time. Staff has also held preliminary meetings with property owners in the South Area to assess their willingness to participate in the plan.

In response to Council’s inquiries, City Manager Kay acknowledged the in-depth discussion Council had on second homes in Healdsburg.

Strategic Initiative 02: Environmental Stewardship
Goal: Adopt a Climate Mobilization Strategy
• Council approved a Professional Services Agreement with Rincon Consultants on November 21, 2022 to complete a Climate Mobilization Strategy. • Public kickoff completed on 12/12/22.
• GHG Forecast and Policy Analysis is currently underway. • Next Public Meeting scheduled for March 1
st.
• Scheduled completion of CMS in August 2023.

Strategic Initiative 03: Affordable Housing
Goal: Focus on Affordable Housing
• 111 Sawmill: Eden Housing – 41 Units Under Construction. • L&M Village: City of Healdsburg/Reach for Home – 22 units for chronically homeless. • Scattered Sites Project: Acquisition and conversion to affordable units – 39 units, renovations underway.

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• 155 Dry Creek: Burbank Housing – 58 Units Approved.
• 450 Parkland Farms: Freebird Development – 118 Units Approved. • 3 Healdsburg Avenue: KHE Holdings – 3 Affordable Units, 12 Middle-Income, and 15 Market Rate Units Approved.
• North Village: Comstock/Burbank Housing – Revised plans for 53 Affordable Units and 24 Middle-Income Units Under Review.

Strategic Initiative 04: Infrastructure and Facilities
Goal: Continue to put resources into infrastructure improvements • The adopted biennial budget allocated over $1.9 million in ARPA funding to streets infrastructure projects. The City also secured $7 million in grant funding to support the expansion of the Recycled Water System infrastructure. Staff continue to monitor available resources and apply for additional grant funding.

Goal: Complete the Three North Street Project
• The project team has submitted the design review, CEQA, and plan check documents for review.
• The project is anticipated to be bid in Spring 2023 for construction starting in Summer 2023.
• Planning entitlements under review include Design Review, Conditional Use Permit, Variance, General Plan Amendment and Land Use Code Amendment – tentative hearing dates for the Planning Commission March 14, 2023 and City Council April 17, 2023.

Goal: Create a long-term funding plan for parks projects • The adopted FY22-24 Budget incorporates a plan to fund in excess of $30 million of park improvements at Badger Park and a new park at the north end of town. On the November 8th election the voters approved Measure L. Staff will be bringing forward an update on the financing plan at the February 21st meeting
Goal: Identify Healdsburg Avenue Improvement plan funding • The City is currently awarded a $600,000 federal grant and has applied for an additional $11.8 million of ATP funds. The MTC board will vote on approving a staff recommendation for the additional funding on January 25 Goal: Improve water security for the community (purple pipes and other means) • Staff have received a grant from the Department of Water Resources and are currently working to complete the design and construction documents. The pipeline is planned to enter the construction phase in Q2 of 2024, completing in Q4 of 2025. Staff is working with FEMA to finalize the grant award for the ASR wells. FEMA review may take 1.5 to 2 years.

In response to Council’s inquiries, Director Zimmer provided information on how the determination is made on what streets get paved. City Manager Kay reviewed the funding for the recycled water pipeline.

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Strategic Initiative 05: Effective Governance
Goal: Provide for Spanish translation of Council agendas and meetings • In August of 2022, the City Council released the first translated agenda and began offering interpretation services for every Council meeting.

Goal: Complete outreach and develop diversity, equity and inclusion recommendations • Contract approved with Acosta Educational Partnership in March 2022 • Contract Scope for Phase One completed and presented to Council on December 5th, 2022.
• Contract scope for Phase 2 kicking off this month, including 5 community events and additional staff engagement.
• Staff anticipate bringing draft DEI plan to Council in Summer 2023.

Goal: Focus on hiring, retention, and succession planning • New Recruitment and Incentive Policy Adopted.
• Expanded recruitment practices to include more diverse professional organizations. • Current city vacancy rate is ~5%, down from 10% last year, despite several retirements. • Sponsored 3 police cadets who successfully completed the academy in Fall 2022, 1 more being sponsored for Spring 2023.
• Completed 43 recruitments in FY 21-22, including 12 internal promotions (28%). • Completed/In Process 24 recruitments so far in FY 22-23, including 9 internal promotions (38%).

In response to Council’s inquiries, City Manager Kay reviewed outreach on interpretation and translation services.

Strategic Initiative 06: Public Health and Safety
Goal: Adopt a humane treatment of animal’s clause in our contracts for services involving use of animals (e.g., goats)
• Staff has consulted with North Bay Animal Services and grazing contractors to better understand the policy options. Based on that work, staff is currently refining a draft policy. The policy is expected to be presented to the City Council in February or March and subsequently approved as an Administrative Policy of the City.

Strategic Initiative 07: Community Services
Goal: Align income limits for Community Services Department’s activity assistance program to be same as utility assistance (CARE program) to expand access to recreational and senior activities.
• As part of the FY22-24 budget process, staff developed and proposed a new financial assistance program. The new program was based on our COVID Childcare and Distance Learning Care program that offers more generous financial assistance than the CARE

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program. City Council adopted the financial assistance program as part of the budget approval.
• Staff began working with families using the new financial assistance program for Fall 2022 programs, specifically soccer and winter break programs. • In November 2022, staff finalized the implementation of the financial assistance program for the remainder of all in-house and contracted youth programs offered through Community Services.

In response to Council’s inquiries, Community Services Director Themig provided information on the implementation of activity assistance program.

There were no public comments on this item.

Assistant City Manager Sturmfels provided a brief update on the Guaranteed Basic Income Program.

NEW BUSINESS – APPOINT COUNCIL SUBCOMMITTEE TO INTERVIEW PARKS

AND RECREATION COMMISSION APPLICANTS
Mayor Kelley introduced this item for discussion and opened it for public comment.

There were no public comments on this item.

Council discussion ensued on extending the deadline to allow for two late applications and expanding the definition and role of the Parks and Recreation Commission.

There was Council consensus to agendize a future discussion on the role of the Parks and Recreation Commission.

Following Council discussion and deliberation, Vice Mayor Hagele and Councilmember Herrod were appointed to interview the nine applicants for the Parks and Recreation Commission.

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING
Councilmember Edwards reported he attended the New Mayors and Councilmembers training in Sacramento.

Councilmember Herrod reported he attended the New Mayors and Councilmembers training in Sacramento, the swearing in of the new District Attorney Carla Rodriguez and the Russian River Watershed Association meeting.

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Vice Mayor Hagele reported he attended the NCPA Strategic Issues Conference in Sacramento.

Mayor Kelley reported she attended the New Mayors and Councilmembers training in Sacramento, the NCPA Strategic Issues Conference, the lunch at the Senior Center Bistro and inquired about no smoking signage for the Plaza.

WRITTEN COMMUNICATIONS
None.

ADJOURNMENT
There being no other City Council/RSA business to discuss, Mayor Kelley adjourned the City Council meeting at approximately 8:32 P.M.

APPROVED: ATTEST:
__________________________________ ___________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
February 6, 2023
401 Grove Street, Healdsburg
.

CALL TO ORDER/ROLL CALL
Mayor/Chairperson Kelley called to order the concurrent meeting of the City Council and Redevelopment Successor Agency of the City of Healdsburg at 6:00 p.m. with the following Council Members present:

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

Absent: Council Members/: None
Board Members

APPROVAL OF AGENDA
On a motion by Councilmember Herrod, seconded by Vice Mayor Hagele, approved the February 6, 2023, City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous voice vote. (Ayes 5, Noes 0, Absent -None)

REPORT ON CLOSED SESSION
None.

ANNOUNCEMENTS/PRESENTATIONS – RECOGNITION OF CITY EMPLOYEES

WITH MILESTONE ANNIVERSARIES
Fire Chief Boaz introduced Fire Engineer Amanda Newhall and Justin Potter and recognized them for fifteen years of service to the City of Healdsburg. Chief Boaz commented on their contributions they bring to the City.

City Manager Kay introduced Police Chief Matt Jenkins and congratulated him on twenty years of dedicated service to the City of Healdsburg.

Chief Jenkins thanked the Council for the recognition.

City Manager Kay introduced Larry Zimmer and recognized him for five years of service to the Public Works Department.

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ANNOUNCEMENTS/PRESENTATIONS – PROCLAMATION DECLARING
FEBRUARY 2023 AS BLACK HISTORY MONTH IN THE CITY OF HEALDSBURG Mayor Kelley, with Council concurrence, issued a Proclamation recognizing February 2023 as Black History Month is the City of Healdsburg.

Kirstyne Lange, President of the Sonoma County Chapter of the NAACP, introduced Nzinga Woods, Vice President and thanked the Council for issuing the Proclamation this evening.

ANNOUNCEMENTS/PRESENTATIONS – UPDATE ON AB2449
City Attorney Zutler provided a brief update on AB2449, the traditional Brown Act rules that are not changing, the new options under AB2449, the requirements around appearing remotely, including allowed number of times, emergency circumstances and just cause circumstances.

In response to Council’s inquiries, Attorney Zutler reviewed the limitations on the number of times AB2449 can be used.

CITY MANAGER REPORTS
City Manager Kay announced MTC awarded $11.8 million dollars for the Healdsburg Avenue Improvement Project and the funding SMART received to extend services to Windsor and Healdsburg.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON

AGENDA ITEMS
None.

CONSENT CALENDAR
Councilmember Hagele recused from Consent Calendar Items D and E as he lives with 500 feet of the property and has a perceived conflict of interest.

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

A. RECEIVE THE MONTHLY INVESTMENT REPORT FOR DECEMBER 2022 By motion, received and approved the Monthly Treasurer’s Investment Report for December 2022. (Ayes 5, Noes 0, Absent - None)

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B. APPROVAL OF DISBURSEMENT REPORT FOR WITHDRAWALS DURING THE MONTH OF DECEMBER 2022
By motion, approved the Disbursement Report for December 2022. (Ayes 5, Noes 0, Absent - None)
C. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR CHIQUITA GROVE

SUBDIVISION
Adopted Resolution No. 15-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR THE CHIQUITA GROVE SUBDIVISION; ACCEPTING A ONE YEAR MAINTENANCE

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

AND AUTHORIZING THE CITY CLERK TO RELEASE THE LABOR AND MATERIALS SECURITY SIX (6) MONTHS FROM THE DATE OF ACCEPTANCE FOR THE CHIQUITA GROVE SUBDIVISION.” (Ayes 5, Noes 0, Absent - None) D. ACCEPTANCE OF NORTHWEST PUBLIC TRAIL IMPROVEMENTS AT SAGGIO

HILLS SUBDIVISION
This item was removed from the Consent Calendar to be voted on separately.

E. ACCEPTANCE OF PUBLIC IMPROVEMENTS ON PARKLAND FARMS

BOULEVARD EXTENSION AND PASSALACQUA DRIVE
This item was removed from the Consent Calendar to be voted on separately.

F. REDUCTION OF POSTED SPEED LIMIT ON CHIQUITA ROAD BETWEEN GROVE STREET AND US101
Adopted Ordinance No. 1224 titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING SECTION 10.50.050 OF THE HEALDSBURG

MUNICIPAL CODE, PRIMA FACIE SPEED LIMITS ESTABLISHED BY

ENGINEERING AND TRAFFIC SURVEY (REGARDING SPEED LIMITS IN THE CITY OF HEALDSBURG).” (Ayes 5, Noes 0, Absent - None)
G. SPECIAL EVENT AND PUBLIC RECREATION AREA REVISIONS
Adopted Ordinance No. 1225 titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HEALDSBURG AMENDING HEALDSBURG MUNICIPAL CODE CHAPTER

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8.24 PUBLIC PLACES AND DWELLINGS, MULTI-UNIT SMOKING.” (Ayes 5, Noes 0, Absent - None)
H. ADOPTION OF RESOLUTION AUTHORIZING REMOTE MEETINGS
Adopted Resolution No. 16-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AND ON BEHALF OF COMMISSIONS AND

COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS.” (Ayes 5, Noes 0, Absent - None)
The motion to approve the Consent Calendar as revised above carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent 0)

ACCEPTANCE OF NORTHWEST PUBLIC TRAIL IMPROVEMENTS AT SAGGIO

HILLS SUBDIVISION
On a motion by Councilmember Mitchell, seconded by Councilmember Herrod, adopted Resolution No. 17-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ACCEPTING PUBLIC IMPROVEMENTS FOR THE SAGGIO HILLS

NORTHWEST TRAIL IMPROVEMENTS, ACCEPTING A ONE YEAR MAINTENANCE

SECURITY AS DESCRIBED WITHIN THE PUBLIC IMPROVEMENT AGREEMENT FOR

NORTHWEST TRAIL, RELEASING THE FAITHFUL PERFORMANCE SECURITY AS

DESCRIBED WITHIN THE PUBLIC IMPROVEMENT AGREEMENT FOR NORTHWEST

TRAIL IMPROVEMENTS, AND AUTHORIZING THE CITY CLERK TO RELEASE THE LABOR AND MATERIALS SECURITY SIX (6) MONTHS FROM THE DATE OF

ACCEPTANCE OF THE SAGGIO HILLS SUBDIVISION NORTHWEST TRAIL IMPROVEMENTS.” The motion carried on a roll call vote, with Vice Mayor Hagele abstaining. (Ayes 4, Noes 0, Abstaining – Hagele, Absent – None)

ACCEPTANCE OF PUBLIC IMPROVEMENTS ON PARKLAND FARMS

BOULEVARD EXTENSION AND PASSALACQUA DRIVE
On a motion by Councilmember Mitchell, seconded by Councilmember Herrod, adopted Resolution No. 18-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ACCEPTING PUBLIC ROAD AND UTILITY IMPROVEMENTS ON

PARKLAND FARMS BOULEVARD EXTENSION AND PASSALACQUA DRIVE FOR

THE SAGGIO HILLS SUBDIVISION PUBLIC IMPROVEMENT AGREEMENT FOR PUBLIC ROADS AND RELATED UTILITIES; ACCEPTING A ONE-YEAR

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MAINTENANCE SECURITY AS DESCRIBED WITHIN THE PUBLIC IMPROVEMENT AGREEMENT FOR PUBLIC ROADS AND RELATED UTILITIES; RELEASING THE

FAITHFUL PERFORMANCE SECURITY AS DESCRIBED WITHIN THE PUBLIC IMPROVEMENT AGREEMENT FOR PUBLIC ROADS AND RELATED UTILITIES; AND

AUTHORIZING THE CITY CLERK TO RELEASE THE LABOR AND MATERIALS SECURITY SIX (6) MONTHS FROM THE DATE OF ACCEPTANCE OF THE PUBLIC

ROAD AND UTILITY IMPROVEMENTS ON PARKLAND FARMS BOULEVARD EXTENSION AND PASSALACQUA DRIVE.” The motion carried on a roll call vote, with Vice Mayor Hagele abstaining. (Ayes 4, Noes 0, Abstaining – Hagele, Absent – None)

PUBLIC HEARINGS
None.

OLD BUSINESS – APPOINTMENT OF PARKS AND RECREATION

COMMISSIONERS
Mayor Kelley introduced this item for discussion.

City Clerk Allan noted for the Council, that Commissioner Maduro resigned his seat on the Parks and Recreation Commission and provided two options for filling his seat.

Councilmember Herrod provided background information on the interviews conducted by him and Councilmember Hagele and stated they recommend Ron Dobley, Val Cronin for the threeyear seats, Nancy Andrews to the two-year seat and Rachel Melick for the one-year seat on the Parks and Recreation Commission.

There were no public comments on this item.

On a motion by Councilmember Mitchell, seconded by Councilmember Edwards, appointed Ron Dobley and Val Cronin to the Parks and Recreation Commission for a term of three years due to expire January 1, 2026, appointed Nancy Andrews to the Parks and Recreation Commission for a term of two years due to expire January 1, 2025 and appointed Rachel Melick to the Parks and Recreation Commission for a term of eleven months due to expire January 1, 2024. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None) NEW BUSINESS – CAMPING ON PUBLIC PROPERTY
Housing Director Sotomayor stated the action this evening was to receive a presentation regarding camping on public property. Director Sotomayor provided an overview on the status of homelessness in the North County, legal background of Martin v. Boise, County of Sonoma proposed ordinance, including the prohibition of camping near water ways and on public

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property daily between 7:00 a.m. – 9:00 p.m. and City of Healdsburg existing regulations. Police Chief Jenkins provided information on how the Police Department addresses enforcement activities.

Director Sotomayor further reviewed the challenges and opportunities Healdsburg faces in addressing homelessness.

In response to Council’s inquiries, Director Sotomayor provided information on the permanent supportive housing units being remodeled, access to winter shelter, resources to the homeless community all being accessed in one area, and services accessed in Windsor. Chief Jenkins outlined how enforcement of homelessness would work in a potential case, environmental concerns of camping near waterways and the citation process through Fish and Wildlife.

Public Comments
Mark Horn inquired about the point in time count completed for 2023 and when the results would be available.

Pete Seghesio, Journeyman Meats, inquired what the rules are regarding camping on sidewalks.

David Jones commented on homelessness in Healdsburg and expressed a desire to see a gate installed near Goodwill to help with garbage heading to the river and more portable restrooms placed around town.

Healdsburg Resident inquired how many shelter spaces need to be available to ask someone to relocate.

Justin Milligan, Legal Aid of Sonoma County, expressed his appreciation for the work Council is putting into homelessness, and commented that one of the most devastating thing for homeless people is being prosecuted for homelessness and losing all their personal property.

Bruce Abramson expressed his support for the L&M Motel, day to day level, inquired about people sleeping in doorways on private property and the Plaza and changing the definition of overnight camping in the Municipal Code.

Council Comments
Councilmember Mitchell commented on Healdsburg’s current camping ordinance, expressed support for the work being done to address homelessness in Healdsburg.

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Councilmember Herrod expressed support for the direction Healdsburg is heading with regards to addressing homelessness, thanked staff for the presentation and inquired what members of the public could do if an issue arises.

Mayor Kelley inquired what steps could be done to make landlords aware of the voucher program.

Councilmember Edwards commented on the work being done to address homelessness in Healdsburg.

Councilmember Hagele commented on addressing homelessness in Healdsburg, housing, mental health and expressed support to see a camping ordinance that mirrors what the County is drafting.

Council discussion ensued on offering assistance to the homeless community and reaching functional zero.

OLD BUSINESS – APPOINTMENTS OF THE CITY SELECTION COMMITTEE AND MAYORS’ AND COUNCILMEMBERS’ ASSOCIATION BOARD OF DIRECTORS Mayor Kelley introduced this item for discussion.

There were no public comments on this item.

Following a brief discussion by Council, on a motion by Councilmember Herrod, seconded by Councilmember Edwards, supported the appointment of Susan Harvey, Cotati, Jeff Okrepkie and Sandra Lowe to the Local Agency Formation Commission, Brian Barnacle, Petaluma to the Bay Area Air Quality Management District Board, Stephen Zollman to the ABAG Executive Board, Mark Stapp to the Sonoma County Agricultural Preservation & Open Space District Citizen Advisory Committee, Jackie Elward, Rohnert Park, to the North Bay Division, LOCC, Executive Board, Stephen Zollman to the Child Care Planning Council of Sonoma County and Melanie Bagby, Cloverdale and Chris Rogers, Santa Rosa to the Sonoma Marin Area Rail Transit and authorized the Mayor, the authority to vote on any late nominations or recommendations at the City Selection Meeting or MC board meeting. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Councilmember Edwards reported he attended the Senior Citizen Advisory Commission Meeting and the Generation Housing 101.

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Councilmember Herrod reported he attended the ribbon cutting of the L&M Village, the Encuentro at the Community Center, had separate meetings with Senator McGuire, Tallia Hart and Andy Elkind and attended the Lunar New Year event on the Plaza.

Councilmember Mitchell expressed her congratulations on the L&M Village ribbon cutting, reported she attended the Lunar New Year event on the Plaza and congratulated staff on the $11.8 million dollar grant for Healdsburg Avenue.

Vice Mayor Hagele reported he attended Labath Landing in Rohnert Park and the Generation Housing 101.

Mayor Kelley reported she attended the Generation Housing 101, the L&M Village ribbon cutting, the Encuentro, the crab feed hosted by the American Legion and the Lunar New Year event in the Plaza.

WRITTEN COMMUNICATIONS
None.

CLOSED SESSIONS
None.

ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 8:44 p.m.

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

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 5, 2023
SUBJECT: Receive the Monthly Investment Report for April 2023 PREPARED BY: Marisol Chavez, Accounting Technician
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Receive and approve the Monthly Investment Report for April 2023.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

California Government Code Section 53646 requires the City Treasurer to submit a report of investments to the City Council for review and compliance with the City’s adopted investment policy.

DISCUSSION/ANALYSIS:

The attached Investment Report summarizes the City’s investments as of April 2023. The report shows that funds are invested in government pools, trust funds, corporate securities, and federal agency securities. All investments follow the City’s adopted investment policy and align with the principal objectives of safety, liquidity, and yield. Gains on investments and interest earnings on a cash basis generated in April 2023 totaled $102,977.27.

At the end of April, the City received an approximate $7 million contribution from the Saggio Hills Developers to facilitate the City development of the Multi-use Trail and Public Park at the north end of town. The City project is scheduled to enter the design phase in Fiscal Year 2023- 2024 and construction in Fiscal Year 2024-2025. City staff are strategizing with our investors to deploy this excess liquidity into interest-earning investments with a duration that ensures funds will be available as the project progresses.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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ALTERNATIVES:

No alternatives are presented as this informational report is a requirement by state law.

FISCAL IMPACT:

There is no fiscal impact resulting from the proposed action.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(4)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment; and therefore, is not a project for purposes of CEQA.

ATTACHMENT(S):

Investment Report - April 2023

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Certification: I verify that this investment portfolio is in conformity with all state laws and is approved monthly by the City Council. The City has sufficient funds to meet expenditures for the following sixmonth period.

April 2023 Investment Report
Portfolio Sector Distribution
Katie Edgar Date
Finance Director
Investment Portfolio
Market Value Par Value
Managed Portfolio $ 35,061,546 $ 36,459,243
Local Agency Investment Fund $ 9,373,210 $ 9,373,210
COH Bonds (Restricted) $ 2,815,968 $ 2,815,968
Total Portfolio Value $ 47,250,725 $ 48,648,421
U.S. Teasury
Bond / Note
27%
U.S. Treasury
Bill
1%
Municipal
Bond / Note
1%
Federal
Agency
Discount /
Note
4%
Federal Agency
Commercial
1%
Federal Agency
Bond / Note
18%
Corporate
Note
17%
Commercial
Paper
4%
Certificate of
Deposit
2%
Local Agency
Investment Fund
(LAIF)
19%
COH Bonds
(Restricted)
6%
30M
35M
40M
45M
50M
55M
60M
65M
Total Investment Portfolio Total Cash
5/18/2023

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) April 2023 Investment Report
Maturity Distribution
Portfolio Yields
• The short-term federal funds rate is at a new target range of

4.75% to 5%. The accompanying Fed statement noted that
job gains are running at a robust pace, the unemployment rate has remained low and inflation remains elevated.
• The Fed’s latest Summary of Economic Projections suggest only one or more 0.25% rate hike this year, with the median expectation for the target rate to remain above 5% through the end of the year. Recent bank failures will likely lead to tighter credit conditions, weaken economic prospects and complicate the Fed’s decision making.
• Inflation fell for the ninth straight month to 5% in March, the lowest reading in almost two years. All major indices saw declines, which were offset by increases in shelter costs. • Employers added 236,000 jobs in March, in-line with
expectations. The unemployment rate ticked lower to 3.5%.

Factory orders and durable goods orders fell in February, while March readings for both the ISM manufacturing and services indices were lower.
• The 2-year U.S. Treasury yield fell 80 bps to 4.02%, reflecting increased bond market volatility which was exacerbated by recent banking concerns. Stocks ended March on a positive note. Dow Jones rose 2.1%, the S&P 500 rose 3.7%, and the Nasdaq rose 6.8%. International stocks also rose 2.5% for the month.
• PFMAM intends on maintaining its modest defensive duration bias and will await a yield backup before extending duration to move closer to benchmarks. The banking sector problems sector caused PFMAM to conduct a wholesale review of bank issuers, limiting purchases of certain issuers for some time.

Market Update

4.46%

2.74%

1.86%

5.50%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
Managed Portfolio LAIF COH Bonds Weighted Total Yeild
25%
23%
17% 17%
10%
8%
0%
5%
10%
15%
20%
25%
30%
Overnight 0 - 1 Year 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Total Investment Portfolio

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Summary Statement For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
$34,236,900.64

0.00 (2,449,343.34)
2,653,650.54
520,182.18
100,156.14
$35,061,546.16
42,167.34
(18,070.13)
18,824.50
$42,921.71
Total
35,580,401.99
190,925.97
2,902,567.42

0.00 18,481.11
(3,621,668.42)
(34,808,521.18)
(158,843.92)
Total Accrual Basis Earnings $103,342.97
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Transaction Summary - Managed Account
_________________
_________________
_______________________________________________ _______________________________________________ Reconciling Transactions Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary - Managed Account

0.00 2,473,029.57
18,481.11

0.00 (2,671,720.67)

0.00 0.00
Cash Balance
Closing Cash Balance $63,698.54
Account 35300000 Page 1

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Portfolio Summary and Statistics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Account Summary
Description Par Value Market Value Percent
U.S. Treasury Bond / Note 13,165,000.00 12,548,391.26 35.80 U.S. Treasury Bill 400,000.00 390,164.16 1.11
Municipal Bond / Note 285,000.00 284,390.10 0.81
Federal Agency Discount Note 2,000,000.00 1,950,524.93 5.56 Federal Agency Commercial
Mortgage-Backed Security
714,243.06 688,141.69 1.96
Federal Agency Bond / Note 8,635,000.00 8,247,468.58 23.52 Corporate Note 8,510,000.00 8,265,557.44 23.58
Commercial Paper 2,000,000.00 1,979,186.00 5.64
Certificate of Deposit 750,000.00 707,722.00 2.02
Managed Account Sub-Total 36,459,243.06 35,061,546.16 100.00% Accrued Interest 190,925.97
Total Portfolio 36,459,243.06 35,252,472.13
Unsettled Trades 969,243.06 946,186.53
Sector Allocation

2.02%
Cert of Deposit

5.64%
Commercial Paper

23.58%
Corporate Note

23.52%
Fed Agy Bond /
Note

5.56%
Fed Agy DN

1.96%
Federal Agency
Commercial
Mortgage-Backed
Security

0.81%
Muni Bond / Note

1.11%
US TSY Bill

35.80%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years

20.01%

10.83%

22.09% 22.69%

13.53%

10.85%

0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 736

3.45%

4.46%
Account 35300000 Page 2

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Issuer Summary For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Credit Quality (S&P Ratings)

5.75%
A

4.07%
A+

5.22%
A5.64%
A-1

6.68%
A-1+

2.02%
AA

64.41%
AA+

3.57%
AA0.81%
AAA

0.48%
BBB+

1.35%
NR
Issuer Summary
Issuer of Holdings Percent
Market Value
AIR PRODUCTS & CHEMICALS 255,983.75 0.73
AMAZON.COM INC 365,001.60 1.04
ANZ BANKING GROUP LTD 252,162.75 0.72
APPLE INC 1,099,876.80 3.14
BANK OF AMERICA CO 500,217.21 1.43
BMW FINANCIAL SERVICES NA LLC 235,831.75 0.67
BRISTOL-MYERS SQUIBB CO 255,092.81 0.73
BURLINGTON NORTHERN SANTA FE 269,712.30 0.77
CATERPILLAR INC 122,526.50 0.35
COLGATE-PALMOLIVE COMPANY 230,566.63 0.66
COMMONWEALTH BANK OF AUSTRALIA 255,124.50 0.73
CREDIT AGRICOLE SA 995,253.00 2.84
DEERE & COMPANY 184,923.78 0.53
FANNIE MAE 344,043.48 0.98
FEDERAL HOME LOAN BANKS 10,197,993.51 29.09
FREDDIE MAC 344,098.21 0.98
GOLDMAN SACHS GROUP INC 235,861.25 0.67
HOME DEPOT INC 169,212.24 0.48
INTEL CORPORATION 279,293.35 0.80
JP MORGAN CHASE & CO 386,717.60 1.10
MASTERCARD INC 171,062.93 0.49
MITSUBISHI UFJ FINANCIAL GROUP INC 983,933.00 2.81
MORGAN STANLEY 267,148.98 0.76
NATIONAL RURAL UTILITIES CO FINANCE CORP 270,897.54 0.77 OREGON DEPT OF ADMINISTRATION SERVICES 284,390.10 0.81
PACCAR FINANCIAL CORP 252,748.75 0.72
PNC FINANCIAL SERVICES GROUP 173,567.37 0.50
PRAXAIR INC 242,944.50 0.69
SALLIE MAE BANK 236,029.00 0.67
STATE STREET CORPORATION 345,936.50 0.99
TEXAS INSTRUMENTS INC 253,355.78 0.72
THE BANK OF NEW YORK MELLON CORPORATION 329,060.38 0.94 Account 35300000 Page 3

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Issuer Summary For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Issuer of Holdings Percent
Market Value
TOYOTA MOTOR CORP 258,611.63 0.74
TRUIST FIN CORP 232,279.50 0.66
UNITED PARCEL SERVICE INC 86,404.23 0.25
UNITED STATES TREASURY 12,938,555.42 36.89
VISA INC 242,681.00 0.69
WAL-MART STORES INC 342,802.83 0.98
WELLS FARGO & COMPANY 169,643.70 0.48
Total $35,061,546.16 100.00%
Account 35300000 Page 4

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note

US TREASURY N/B NOTES
DTD 01/31/2022 0.875% 01/31/2024
91282CDV0 2,000,000.00 AA+ Aaa 02/10/22 02/10/22 1,974,464.50 1.53 4,350.83 1,990,246.86 1,940,312.40

US TREASURY N/B NOTES
DTD 03/31/2022 2.250% 03/31/2024
91282CEG2 1,500,000.00 AA+ Aaa 11/23/22 11/25/22 1,450,605.47 4.80 2,858.61 1,466,367.55 1,465,078.20

US TREASURY NOTES
DTD 08/31/2017 1.875% 08/31/2024
9128282U3 1,000,000.00 AA+ Aaa 11/29/22 11/30/22 953,789.06 4.66 3,158.97 964,764.16 965,625.00

US TREASURY N/B NOTES
DTD 01/15/2022 1.125% 01/15/2025
91282CDS7 2,000,000.00 AA+ Aaa 01/12/22 01/12/22 1,994,752.00 1.21 6,588.40 1,997,015.47 1,897,812.40

US TREASURY N/B NOTES
DTD 03/15/2022 1.750% 03/15/2025
91282CED9 2,000,000.00 AA+ Aaa 03/18/22 03/18/22 1,976,964.50 2.15 4,470.11 1,985,584.37 1,914,375.00

US TREASURY N/B NOTES
DTD 06/15/2022 2.875% 06/15/2025
91282CEU1 1,315,000.00 AA+ Aaa 06/10/22 06/10/22 1,305,147.03 3.14 14,229.28 1,308,055.49 1,284,590.63

US TREASURY N/B NOTES
DTD 04/30/2021 0.750% 04/30/2026
91282CBW0 500,000.00 AA+ Aaa 11/18/22 11/21/22 445,566.41 4.18 10.19 452,543.96 457,968.75

US TREASURY N/B NOTES
DTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 1,000,000.00 AA+ Aaa 11/23/22 11/28/22 886,054.69 4.11 741.12 898,570.79 911,250.00

US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
91282CDG3 625,000.00 AA+ Aaa 11/18/22 11/21/22 557,519.53 4.12 19.11 565,064.22 573,144.50

US TREASURY NOTES
DTD 05/31/2020 0.500% 05/31/2027
912828ZS2 500,000.00 AA+ Aaa 11/23/22 11/28/22 428,535.16 4.00 1,043.96 435,225.49 441,718.75

US TREASURY N/B NOTES
DTD 07/31/2022 2.750% 07/31/2027
91282CFB2 500,000.00 AA+ Aaa 11/22/22 11/23/22 473,164.06 4.02 3,418.51 475,657.87 483,750.00

US TREASURY NOTES
DTD 11/15/2017 2.250% 11/15/2027
9128283F5 225,000.00 AA+ Aaa 11/22/22 11/23/22 207,263.67 4.01 2,335.46 208,810.53 212,765.63 Security Type Sub-Total 13,165,000.00 12,653,826.08 2.99 43,224.55 12,747,906.76 12,548,391.26 U.S. Treasury Bill

US TREASURY BILL
DTD 11/03/2022 0.000% 11/02/2023
912796YT0 400,000.00 A-1+ P-1 11/18/22 11/21/22 382,671.17 4.71 0.00 390,734.59 390,164.16 Account 35300000 Page 5

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bill
Security Type Sub-Total 400,000.00 382,671.17 4.71 0.00 390,734.59 390,164.16 Municipal Bond / Note

OREGON ST MUNICIPAL BONDS
DTD 05/09/2023 4.046% 04/01/2028
68607V4M4 285,000.00 AAA Aa2 04/26/23 05/09/23 285,000.00 4.05 0.00 285,000.00 284,390.10 Security Type Sub-Total 285,000.00 285,000.00 4.05 0.00 285,000.00 284,390.10 Federal Agency Discount Note

FEDERAL HOME LOAN BANKS DISC NOTE
DTD 10/24/2022 0.000% 10/23/2023
313384NH8 2,000,000.00 A-1+ P-1 11/28/22 11/29/22 1,914,993.33 4.87 0.00 1,954,645.83 1,950,524.93 Security Type Sub-Total 2,000,000.00 1,914,993.33 4.87 0.00 1,954,645.83 1,950,524.93 Federal Agency Commercial Mortgage-Backed Security
FHMS K734 A2
DTD 04/18/2019 3.208% 02/01/2026
3137FLN34 355,000.00 AA+ Aaa 04/19/23 04/24/23 343,129.69 4.49 949.03 343,129.69 344,098.21 FNA 2017-M7 A2
DTD 06/30/2017 2.961% 02/25/2027
3136AV7G8 359,243.06 AA+ Aaa 04/28/23 05/03/23 344,213.79 4.15 59.10 344,213.79 344,043.48 Security Type Sub-Total 714,243.06 687,343.48 4.32 1,008.13 687,343.48 688,141.69 Federal Agency Bond / Note

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 06/13/2022 2.370% 07/05/2023
3130ASD48 2,000,000.00 AA+ Aaa 06/06/22 06/06/22 1,999,514.50 2.39 19,223.33 1,999,919.90 1,990,350.00

FEDERAL HOME LOAN BANK NOTES
DTD 11/07/2022 4.875% 06/14/2024
3130ATVC8 750,000.00 AA+ Aaa 01/30/23 01/31/23 751,012.50 4.76 17,671.87 750,830.25 751,671.00

FEDERAL HOME LOAN BANK NOTES
DTD 11/07/2022 4.875% 09/13/2024
3130ATVD6 750,000.00 AA+ Aaa 01/30/23 01/31/23 752,587.50 4.65 4,875.00 752,193.46 753,523.50 Account 35300000 Page 6

6.B.a
Packet Pg. 60
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Bond / Note

FEDERAL HOME LOAN BANK NOTES
DTD 11/04/2022 4.625% 12/13/2024
3130ATUR6 750,000.00 AA+ Aaa 01/30/23 01/31/23 751,432.50 4.51 17,054.69 751,243.46 752,754.75

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 06/28/2021 0.750% 11/28/2025
3130AMTZ5 2,000,000.00 AA+ Aaa 07/19/21 07/19/21 1,998,113.00 0.77 5,125.00 1,998,884.15 1,834,808.00

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 03/10/2021 0.800% 03/10/2026
3130ALFS8 2,000,000.00 AA+ Aaa 03/08/21 03/08/21 1,990,030.00 0.90 2,266.67 1,994,305.97 1,820,534.00

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 02/26/2021 0.900% 02/26/2027
3130AL5A8 385,000.00 AA+ Aaa 04/27/23 04/28/23 342,241.90 4.06 625.63 342,333.52 343,827.33 Security Type Sub-Total 8,635,000.00 8,584,931.90 2.39 66,842.19 8,589,710.71 8,247,468.58 Corporate Note

APPLE INC GLOBAL NOTES
DTD 05/03/2013 2.400% 05/03/2023
037833AK6 1,100,000.00 AA+ Aaa 06/14/18 06/14/18 1,058,483.00 3.24 13,053.33 1,099,953.46 1,099,876.80

INTEL CORP NOTES (CALLABLE)
DTD 07/29/2015 3.700% 07/29/2025
458140AS9 100,000.00 A A2 01/30/23 01/31/23 97,706.00 4.68 945.56 97,932.88 98,380.00

BANK OF AMERICA CORP NOTES
DTD 07/30/2015 3.875% 08/01/2025
06051GFS3 175,000.00 A- A1 04/27/23 05/02/23 171,146.50 4.92 1,714.15 171,146.50 171,167.85

BURLINGTN NORTH SANTA FE CORP NOTES
(CAL
DTD 08/20/2015 3.650% 09/01/2025
12189LAY7 275,000.00 AA- A3 04/26/23 04/28/23 270,248.00 4.43 1,672.92 270,264.63 269,712.30

PACCAR FINANCIAL CORP CORPORATE
NOTES
DTD 10/03/2022 4.950% 10/03/2025
69371RS23 125,000.00 A+ A1 11/29/22 11/30/22 125,696.25 4.74 481.25 125,594.29 126,038.25

AIR PRODUCTS & CHEMICALS CORP NOTES
(CAL
DTD 04/30/2020 1.500% 10/15/2025
009158BB1 275,000.00 A A2 04/26/23 04/28/23 256,646.50 4.39 183.33 256,707.61 255,983.75 Account 35300000 Page 7

6.B.a
Packet Pg. 61
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 11/10/2022 5.400% 11/10/2025
89236TKK0 125,000.00 A+ A1 11/29/22 11/30/22 126,581.25 4.93 3,206.25 126,357.88 128,042.75

BANK OF NY MELLON CORP NOTES
(CALLABLE)
DTD 11/18/2013 3.950% 11/18/2025
06406HCQ0 175,000.00 A A1 04/18/23 04/20/23 171,134.25 4.87 3,129.83 171,179.34 170,352.88

BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 12/06/2021 1.530% 12/06/2025
06051GKE8 175,000.00 A- A1 11/29/22 11/30/22 160,335.00 4.53 1,078.44 162,357.76 164,092.43

AUST & NZ BANKING GRP NY CORPORATE
NOTES
DTD 12/08/2022 5.088% 12/08/2025
05254JAA8 250,000.00 AA- Aa3 04/21/23 04/25/23 251,795.00 4.79 5,052.67 251,783.76 252,162.75

VISA INC (CALLABLE) CORP NOTES
DTD 12/14/2015 3.150% 12/14/2025
92826CAD4 250,000.00 AA- Aa3 11/30/22 12/02/22 239,582.50 4.64 2,996.88 240,992.81 242,681.00

MORGAN STANLEY CORPORATE NOTES
DTD 01/27/2016 3.875% 01/27/2026
61746BDZ6 150,000.00 A- A1 04/27/23 05/01/23 146,296.50 4.85 1,517.71 146,296.50 146,585.10

LINDE INC/CT CORPORATE NOTES
(CALLABLE)
DTD 09/24/2015 3.200% 01/30/2026
74005PBQ6 250,000.00 A A2 04/21/23 04/25/23 242,110.00 4.42 2,022.22 242,156.82 242,944.50

COLGATE-PALMOLIVE CO CORPORATE
NOTES
DTD 03/01/2023 4.800% 03/02/2026
194162AQ6 145,000.00 AA- Aa3 02/27/23 03/01/23 144,831.80 4.84 1,160.00 144,841.15 148,183.91

COMMONWEALTH BK AUSTR NY

CORPORATE NOTES
DTD 03/13/2023 5.316% 03/13/2026
20271RAR1 250,000.00 AA- Aa3 04/21/23 04/25/23 254,072.50 4.70 1,772.00 254,049.29 255,124.50

AMAZON INC CORP NOTES (CALLABLE)
DTD 05/12/2021 1.000% 05/12/2026
023135BX3 400,000.00 AA A1 11/22/22 11/25/22 355,352.00 4.52 1,877.78 360,897.68 365,001.60

NATIONAL RURAL UTIL COOP CORP NOTES
(CAL
DTD 02/24/2021 1.000% 06/15/2026
63743HEW8 200,000.00 A- A2 04/17/23 04/19/23 177,744.00 4.84 755.56 177,975.63 179,739.60 Account 35300000 Page 8

6.B.a
Packet Pg. 62
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note

JPMORGAN CHASE CORP NOTES (CALLABLE)
DTD 06/07/2016 3.200% 06/15/2026
46625HRS1 400,000.00 A- A1 11/22/22 11/25/22 378,336.00 4.88 4,835.56 380,956.38 386,717.60

HOME DEPOT INC CORP (CALLABLE) NOTES
DTD 09/15/2016 2.125% 09/15/2026
437076BN1 180,000.00 A A2 03/01/23 03/03/23 163,621.80 4.96 488.75 164,369.72 169,212.24

WAL MART INC CORP NOTES (CALLABLE)
DTD 09/17/2021 1.050% 09/17/2026
931142ER0 285,000.00 AA Aa2 03/01/23 03/03/23 250,030.50 4.87 365.75 251,624.94 258,074.06

WELLS FARGO & COMPANY CORPORATE
NOTES
DTD 10/25/2016 3.000% 10/23/2026
949746SH5 180,000.00 BBB+ A1 04/17/23 04/19/23 168,802.20 4.95 120.00 168,906.93 169,643.70

TRUIST FINANCIAL CORP NOTES
(CALLABLE)
DTD 10/28/2022 5.900% 10/28/2026
89788MAJ1 125,000.00 A- A3 11/29/22 11/30/22 126,465.00 5.56 61.46 126,255.52 125,909.00

STATE STREET CORP NOTES (CALLABLE)
DTD 11/04/2022 5.751% 11/04/2026
857477BX0 175,000.00 A A1 11/29/22 11/30/22 178,106.25 5.24 4,948.26 177,664.99 179,007.85

MORGAN STANLEY
DTD 01/20/2017 3.625% 01/20/2027
61746BEF9 125,000.00 A- A1 11/29/22 11/30/22 118,371.25 5.06 1,271.27 119,037.63 120,563.88

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 175,000.00 A A1 11/29/22 11/30/22 157,144.75 4.79 946.70 158,932.63 158,707.50

PNC FINANCIAL SERVICES CORP NOTES
(CALLA
DTD 05/19/2017 3.150% 05/19/2027
693475AT2 185,000.00 A- A3 11/23/22 11/28/22 171,861.30 4.94 2,622.38 173,100.34 173,567.37

TRUIST FINANCIAL CORP NOTES
(CALLABLE)
DTD 08/03/2020 1.125% 08/03/2027
89788MAC6 125,000.00 A- A3 11/29/22 11/30/22 105,255.00 4.95 343.75 107,013.20 106,370.50

INTEL CORP NOTES (CALLABLE)
DTD 08/05/2022 3.750% 08/05/2027
458140BY5 185,000.00 A A2 11/23/22 11/28/22 178,195.70 4.63 1,657.29 178,808.13 180,913.35

CATERPILLAR FINL SERVICE CORPORATE
NOTES
DTD 08/12/2022 3.600% 08/12/2027
14913R3A3 125,000.00 A A2 11/29/22 11/30/22 119,723.75 4.61 987.50 120,191.11 122,526.50 Account 35300000 Page 9

6.B.a
Packet Pg. 63
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note

JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 09/08/2022 4.150% 09/15/2027
24422EWK1 185,000.00 A A2 11/22/22 11/25/22 180,671.00 4.70 981.01 181,058.27 184,923.78

BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 10/21/2016 3.248% 10/21/2027
06051GGA1 175,000.00 A- A1 11/29/22 11/30/22 160,555.50 5.18 157.89 161,784.82 164,956.93

TEXAS INSTRUMENTS INC CORP NOTES
(CALLAB
DTD 11/03/2017 2.900% 11/03/2027
882508BC7 175,000.00 A+ Aa3 11/29/22 11/30/22 162,603.00 4.52 2,509.31 163,650.44 166,535.25

TOYOTA MOTOR CREDIT CORP CORPORATE
NOTES
DTD 11/10/2022 5.450% 11/10/2027
89236TKL8 125,000.00 A+ A1 11/29/22 11/30/22 127,950.00 4.91 3,235.94 127,701.72 130,568.88

UNITED PARCEL SERVICE CORP NOTES
(CALLAB
DTD 11/14/2017 3.050% 11/15/2027
911312BM7 90,000.00 A A2 03/13/23 03/15/23 84,652.20 4.47 1,265.75 84,799.53 86,404.23

BRISTOL-MYERS SQUIBB CORP NOTE
(CALLABLE
DTD 07/15/2020 3.450% 11/15/2027
110122DD7 175,000.00 A+ A2 12/02/22 12/05/22 167,734.00 4.39 2,783.96 168,325.42 170,461.03

STATE STREET CORP NOTE (CALLABLE)
DTD 11/18/2021 1.684% 11/18/2027
857477BQ5 185,000.00 A A1 11/29/22 11/30/22 163,490.05 4.31 1,410.58 165,292.43 166,928.65

PACCAR FINANCIAL CORP CORPORATE
NOTES
DTD 01/10/2023 4.600% 01/10/2028
69371RS31 125,000.00 A+ A1 01/30/23 01/31/23 126,411.25 4.34 1,772.92 126,340.88 126,710.50

TEXAS INSTRUMENTS INC CORP NOTE
(CALLABL
DTD 11/18/2022 4.600% 02/15/2028
882508BV5 85,000.00 A+ Aa3 03/01/23 03/03/23 84,452.60 4.75 825.44 84,470.44 86,820.53

BRISTOL-MYERS SQUIBB CO CORP NOTES
(CALL
DTD 07/15/2020 3.900% 02/20/2028
110122DE5 85,000.00 A+ A2 03/13/23 03/15/23 82,508.65 4.57 653.79 82,573.59 84,631.78 Account 35300000 Page 10

6.B.a
Packet Pg. 64
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note

COLGATE-PALMOLIVE CO CORP NOTES
(CALLABL
DTD 03/01/2023 4.600% 03/01/2028
194162AR4 80,000.00 AA- Aa3 03/13/23 03/15/23 81,236.80 4.25 613.33 81,204.22 82,382.72

MASTERCARD INC CORP NOTES (CALLABLE)
DTD 03/09/2023 4.875% 03/09/2028
57636QAW4 165,000.00 A+ Aa3 03/14/23 03/16/23 166,348.05 4.69 1,161.88 166,313.43 171,062.93

NATIONAL RURAL UTIL COOP CORP NOTES
(CAL
DTD 12/16/2022 4.800% 03/15/2028
63743HFG2 90,000.00 A- A2 04/21/23 04/25/23 90,882.90 4.57 552.00 90,879.88 91,157.94

WALMART INC CORPORATE NOTES
(CALLABLE)
DTD 04/18/2023 3.900% 04/15/2028
931142FB4 85,000.00 AA Aa2 04/12/23 04/18/23 84,843.60 3.94 119.71 84,844.71 84,728.77 Security Type Sub-Total 8,510,000.00 8,130,014.15 4.52 79,312.06 8,196,589.29 8,265,557.44 Commercial Paper

CREDIT AGRICOLE CIB NY COMM PAPER
DTD 12/06/2022 0.000% 06/01/2023
22533UT11 1,000,000.00 A-1 P-1 12/06/22 12/07/22 976,093.33 5.01 0.00 995,789.17 995,253.00

MUFG BANK LTD/NY COMM PAPER
DTD 11/29/2022 0.000% 08/18/2023
62479MVJ9 1,000,000.00 A-1 P-1 11/28/22 11/29/22 960,845.56 5.60 0.00 983,710.56 983,933.00 Security Type Sub-Total 2,000,000.00 1,936,938.89 5.30 0.00 1,979,499.73 1,979,186.00 Certificate of Deposit

GOLDMAN SACHS BANK USA CERT DEPOS
DTD 09/22/2021 0.650% 09/23/2024
38149MZY2 250,000.00 A+ A1 09/20/21 09/20/21 249,263.00 0.74 178.08 249,657.32 235,861.25

SALLIE MAE BANK/SALT LKE CERT DEPOS
DTD 09/22/2021 0.700% 09/23/2024
795451AW3 250,000.00 NR NR 09/20/21 09/20/21 249,263.00 0.79 191.78 249,657.32 236,029.00

BMW BANK NORTH AMERICA CERT DEPOS
DTD 09/24/2021 0.650% 09/24/2024
05580AE26 250,000.00 NR NR 09/20/21 09/20/21 249,263.00 0.75 169.18 249,656.96 235,831.75 Security Type Sub-Total 750,000.00 747,789.00 0.76 539.04 748,971.60 707,722.00 Account 35300000 Page 11

6.B.a
Packet Pg. 65
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Detail of Securities Held For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Managed Account Sub-Total 36,459,243.06 35,323,508.00 3.45 190,925.97 35,580,401.99 35,061,546.16 $36,459,243.06 $35,323,508.00 3.45% $190,925.97 $35,580,401.99 $35,061,546.16 $35,252,472.13
$190,925.97
Total Investments
Accrued Interest
Securities Sub-Total
Bolded items are forward settling trades.

Account 35300000 Page 12

6.B.a
Packet Pg. 66
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY N/B NOTES 91282CDV0 2,000,000.00 DIRECT 97.02 1,940,312.40 (34,152.10) (49,934.46) DTD 01/31/2022 0.875% 01/31/2024

0.76 4.95
US TREASURY N/B NOTES 91282CEG2 1,500,000.00 MERRILL 97.67 1,465,078.20 14,472.73 (1,289.35) DTD 03/31/2022 2.250% 03/31/2024

0.92 4.87
US TREASURY NOTES 9128282U3 1,000,000.00 BARCLAY 96.56 965,625.00 11,835.94 860.84 DTD 08/31/2017 1.875% 08/31/2024

1.33 4.56
US TREASURY N/B NOTES 91282CDS7 2,000,000.00 DIRECT 94.89 1,897,812.40 (96,939.60) (99,203.07) DTD 01/15/2022 1.125% 01/15/2025

1.70 4.25
US TREASURY N/B NOTES 91282CED9 2,000,000.00 DIRECT 95.72 1,914,375.00 (62,589.50) (71,209.37) DTD 03/15/2022 1.750% 03/15/2025

1.85 4.15
US TREASURY N/B NOTES 91282CEU1 1,315,000.00 DIRECT 97.69 1,284,590.63 (20,556.40) (23,464.86) DTD 06/15/2022 2.875% 06/15/2025

2.06 4.02
US TREASURY N/B NOTES 91282CBW0 500,000.00 CABRERA 91.59 457,968.75 12,402.34 5,424.79 DTD 04/30/2021 0.750% 04/30/2026

2.96 3.74
US TREASURY N/B NOTES 91282CCZ2 1,000,000.00 HSBC 91.13 911,250.00 25,195.31 12,679.21 DTD 09/30/2021 0.875% 09/30/2026

3.38 3.66
US TREASURY N/B NOTES 91282CDG3 625,000.00 JPM_CHA 91.70 573,144.50 15,624.97 8,080.28 DTD 10/31/2021 1.125% 10/31/2026

3.42 3.67
US TREASURY NOTES 912828ZS2 500,000.00 JPM_CHA 88.34 441,718.75 13,183.59 6,493.26 DTD 05/31/2020 0.500% 05/31/2027

4.04 3.59
US TREASURY N/B NOTES 91282CFB2 500,000.00 JPM_CHA 96.75 483,750.00 10,585.94 8,092.13 DTD 07/31/2022 2.750% 07/31/2027

4.02 3.58
US TREASURY NOTES 9128283F5 225,000.00 BARCLAY 94.56 212,765.63 5,501.96 3,955.10 DTD 11/15/2017 2.250% 11/15/2027

4.29 3.56
Security Type Sub-Total 13,165,000.00 12,548,391.26 (105,434.82) (199,515.50) 1.96 4.27 U.S. Treasury Bill
US TREASURY BILL 912796YT0 400,000.00 MORGAN_ 97.54 390,164.16 7,492.99 (570.43) DTD 11/03/2022 0.000% 11/02/2023

0.53 4.88
Security Type Sub-Total 400,000.00 390,164.16 7,492.99 (570.43) 0.53 4.88 Municipal Bond / Note
Account 35300000 Page 13

6.B.a
Packet Pg. 67
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Municipal Bond / Note
OREGON ST MUNICIPAL BONDS 68607V4M4 285,000.00 CITIGRP 99.79 284,390.10 (609.90) (609.90) DTD 05/09/2023 4.046%
04/01/2028

4.51 4.09
Security Type Sub-Total 285,000.00 284,390.10 (609.90) (609.90) 4.51 4.09 Federal Agency Discount Note
FEDERAL HOME LOAN BANKS DISC NOTE 313384NH8 2,000,000.00 MORGAN_ 97.53 1,950,524.93 35,531.60 (4,120.90) DTD 10/24/2022 0.000% 10/23/2023

0.51 5.19
Security Type Sub-Total 2,000,000.00 1,950,524.93 35,531.60 (4,120.90) 0.51 5.19 Federal Agency Commercial Mortgage-Backed Security
FHMS K734 A2 3137FLN34 355,000.00 JPM_CHA 96.93 344,098.21 968.52 968.52 DTD 04/18/2019 3.208% 02/01/2026

2.40 4.39
FNA 2017-M7 A2 3136AV7G8 359,243.06 KEYBANC 95.77 344,043.48 (170.31) (170.31) DTD 06/30/2017 2.961%
02/25/2027

3.62 4.16
Security Type Sub-Total 714,243.06 688,141.69 798.21 798.21 3.01 4.28 Federal Agency Bond / Note
FEDERAL HOME LOAN BANK NOTES 3130ASD48 2,000,000.00 DIRECT 06/05/23 99.52 1,990,350.00 (9,164.50) (9,569.90) (CALLABLE)
DTD 06/13/2022 2.370% 07/05/2023

0.11 5.09
FEDERAL HOME LOAN BANK NOTES 3130ATVC8 750,000.00 NOMURA 100.22 751,671.00 658.50 840.75 DTD 11/07/2022 4.875% 06/14/2024

1.09 4.66
FEDERAL HOME LOAN BANK NOTES 3130ATVD6 750,000.00 AMHERST 100.47 753,523.50 936.00 1,330.04 DTD 11/07/2022 4.875% 09/13/2024

1.34 4.51
FEDERAL HOME LOAN BANK NOTES 3130ATUR6 750,000.00 MERRILL 100.37 752,754.75 1,322.25 1,511.29 DTD 11/04/2022 4.625% 12/13/2024

1.55 4.38
FEDERAL HOME LOAN BANK NOTES 3130AMTZ5 2,000,000.00 DIRECT 06/28/23 91.74 1,834,808.00 (163,305.00) (164,076.15) (CALLABLE)
DTD 06/28/2021 0.750% 11/28/2025

0.19 4.16
Account 35300000 Page 14

6.B.a
Packet Pg. 68
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Federal Agency Bond / Note
FEDERAL HOME LOAN BANK NOTES 3130ALFS8 2,000,000.00 DIRECT 06/10/23 91.03 1,820,534.00 (169,496.00) (173,771.97) (CALLABLE)
DTD 03/10/2021 0.800% 03/10/2026

0.15 4.16
FEDERAL HOME LOAN BANK NOTES 3130AL5A8 385,000.00 TD 05/26/23 89.31 343,827.33 1,585.43 1,493.81 (CALLABLE)
DTD 02/26/2021 0.900% 02/26/2027

0.35 3.94
Security Type Sub-Total 8,635,000.00 8,247,468.58 (337,463.32) (342,242.13) 0.48 4.47 Corporate Note
APPLE INC GLOBAL NOTES 037833AK6 1,100,000.00 99.99 1,099,876.80 41,393.80 (76.66) DTD 05/03/2013 2.400% 05/03/2023

0.01 3.70
INTEL CORP NOTES (CALLABLE) 458140AS9 100,000.00 RBC 04/29/25 98.38 98,380.00 674.00 447.12 DTD 07/29/2015 3.700% 07/29/2025

1.93 4.46
BANK OF AMERICA CORP NOTES 06051GFS3 175,000.00 CITIGRP 97.81 171,167.85 21.35 21.35 DTD 07/30/2015 3.875%
08/01/2025

2.16 4.91
BURLINGTN NORTH SANTA FE CORP 12189LAY7 275,000.00 MKTX 06/01/25 98.08 269,712.30 (535.70) (552.33)

NOTES (CAL
DTD 08/20/2015 3.650% 09/01/2025

2.02 4.52
PACCAR FINANCIAL CORP CORPORATE 69371RS23 125,000.00 CITIGRP 100.83 126,038.25 342.00 443.96 NOTES
DTD 10/03/2022 4.950% 10/03/2025

2.31 4.58
AIR PRODUCTS & CHEMICALS CORP NOTES 009158BB1 275,000.00 BARCLAY 09/15/25 93.09 255,983.75 (662.75) (723.86) (CAL
DTD 04/30/2020 1.500% 10/15/2025

2.34 4.50
TOYOTA MOTOR CREDIT CORP CORP 89236TKK0 125,000.00 MKTX 102.43 128,042.75 1,461.50 1,684.87 NOTES
DTD 11/10/2022 5.400% 11/10/2025

2.35 4.37
BANK OF NY MELLON CORP NOTES 06406HCQ0 175,000.00 JSEB 10/18/25 97.34 170,352.88 (781.37) (826.46) (CALLABLE)
DTD 11/18/2013 3.950% 11/18/2025

2.34 5.07
Account 35300000 Page 15

6.B.a
Packet Pg. 69
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
BANK OF AMERICA CORP NOTES 06051GKE8 175,000.00 MERRILL 12/06/24 93.77 164,092.43 3,757.43 1,734.67 (CALLABLE)
DTD 12/06/2021 1.530% 12/06/2025

1.58 4.08
AUST & NZ BANKING GRP NY CORPORATE 05254JAA8 250,000.00 NOMURA 100.87 252,162.75 367.75 378.99 NOTES
DTD 12/08/2022 5.088% 12/08/2025

2.43 4.73
VISA INC (CALLABLE) CORP NOTES 92826CAD4 250,000.00 GOLDMAN 09/14/25 97.07 242,681.00 3,098.50 1,688.19 DTD 12/14/2015 3.150% 12/14/2025

2.28 4.34
MORGAN STANLEY CORPORATE 61746BDZ6 150,000.00 JPM_CHA 97.72 146,585.10 288.60 288.60 NOTES
DTD 01/27/2016 3.875%
01/27/2026

2.61 4.77
LINDE INC/CT CORPORATE NOTES 74005PBQ6 250,000.00 JSEB 10/30/25 97.18 242,944.50 834.50 787.68 (CALLABLE)
DTD 09/24/2015 3.200% 01/30/2026

2.41 4.30
COLGATE-PALMOLIVE CO CORPORATE 194162AQ6 145,000.00 BNP_PAR 102.20 148,183.91 3,352.11 3,342.76 NOTES
DTD 03/01/2023 4.800% 03/02/2026

2.68 3.97
COMMONWEALTH BK AUSTR NY 20271RAR1 250,000.00 TD 102.05 255,124.50 1,052.00 1,075.21

CORPORATE NOTES
DTD 03/13/2023 5.316% 03/13/2026

2.69 4.54
AMAZON INC CORP NOTES (CALLABLE) 023135BX3 400,000.00 CSFB 04/12/26 91.25 365,001.60 9,649.60 4,103.92 DTD 05/12/2021 1.000% 05/12/2026

2.90 4.10
NATIONAL RURAL UTIL COOP CORP NOTES 63743HEW8 200,000.00 JSEB 05/15/26 89.87 179,739.60 1,995.60 1,763.97 (CAL
DTD 02/24/2021 1.000% 06/15/2026

2.99 4.51
JPMORGAN CHASE CORP NOTES 46625HRS1 400,000.00 GOLDMAN 03/15/26 96.68 386,717.60 8,381.60 5,761.22 (CALLABLE)
DTD 06/07/2016 3.200% 06/15/2026

2.74 4.35
HOME DEPOT INC CORP (CALLABLE) 437076BN1 180,000.00 MORGAN_ 06/15/26 94.01 169,212.24 5,590.44 4,842.52 NOTES
DTD 09/15/2016 2.125% 09/15/2026

3.03 4.04
WAL MART INC CORP NOTES (CALLABLE) 931142ER0 285,000.00 MORGAN_ 08/17/26 90.55 258,074.06 8,043.56 6,449.12 DTD 09/17/2021 1.050% 09/17/2026

3.25 4.07
Account 35300000 Page 16

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Packet Pg. 70
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
WELLS FARGO & COMPANY CORPORATE 949746SH5 180,000.00 RBC 94.25 169,643.70 841.50 736.77 NOTES
DTD 10/25/2016 3.000% 10/23/2026

3.33 4.81
TRUIST FINANCIAL CORP NOTES 89788MAJ1 125,000.00 MKTX 10/28/25 100.73 125,909.00 (556.00) (346.52) (CALLABLE)
DTD 10/28/2022 5.900% 10/28/2026

2.36 5.67
STATE STREET CORP NOTES (CALLABLE) 857477BX0 175,000.00 GOLDMAN 11/04/25 102.29 179,007.85 901.60 1,342.86 DTD 11/04/2022 5.751% 11/04/2026

2.32 5.03
MORGAN STANLEY 61746BEF9 125,000.00 MERRILL 96.45 120,563.88 2,192.63 1,526.25 DTD 01/20/2017 3.625% 01/20/2027

3.48 4.67
BANK OF NY MELLON CORP (CALLABLE) 06406RBA4 175,000.00 MORGAN_ 12/26/26 90.69 158,707.50 1,562.75 (225.13) CORPOR
DTD 01/26/2022 2.050% 01/26/2027

3.52 4.80
PNC FINANCIAL SERVICES CORP NOTES 693475AT2 185,000.00 CITIGRP 04/19/27 93.82 173,567.37 1,706.07 467.03 (CALLA
DTD 05/19/2017 3.150% 05/19/2027

3.70 4.85
TRUIST FINANCIAL CORP NOTES 89788MAC6 125,000.00 SUSQ 06/03/27 85.10 106,370.50 1,115.50 (642.70) (CALLABLE)
DTD 08/03/2020 1.125% 08/03/2027

3.99 5.06
INTEL CORP NOTES (CALLABLE) 458140BY5 185,000.00 JPM_CHA 07/05/27 97.79 180,913.35 2,717.65 2,105.22 DTD 08/05/2022 3.750% 08/05/2027

3.88 4.32
CATERPILLAR FINL SERVICE CORPORATE 14913R3A3 125,000.00 TFC 98.02 122,526.50 2,802.75 2,335.39 NOTES
DTD 08/12/2022 3.600% 08/12/2027

3.98 4.11
JOHN DEERE CAPITAL CORP CORPORATE 24422EWK1 185,000.00 GOLDMAN 99.96 184,923.78 4,252.78 3,865.51 NOTES
DTD 09/08/2022 4.150% 09/15/2027

4.03 4.16
BANK OF AMERICA CORP NOTES 06051GGA1 175,000.00 MERRILL 10/21/26 94.26 164,956.93 4,401.43 3,172.11 (CALLABLE)
DTD 10/21/2016 3.248% 10/21/2027

3.31 4.68
TEXAS INSTRUMENTS INC CORP NOTES 882508BC7 175,000.00 STIFEL 08/03/27 95.16 166,535.25 3,932.25 2,884.81 (CALLAB
DTD 11/03/2017 2.900% 11/03/2027

3.97 4.09
Account 35300000 Page 17

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Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
TOYOTA MOTOR CREDIT CORP 89236TKL8 125,000.00 MKTX 104.46 130,568.88 2,618.88 2,867.16

CORPORATE NOTES
DTD 11/10/2022 5.450% 11/10/2027

3.99 4.35
UNITED PARCEL SERVICE CORP NOTES 911312BM7 90,000.00 TD 08/15/27 96.00 86,404.23 1,752.03 1,604.70 (CALLAB
DTD 11/14/2017 3.050% 11/15/2027

4.00 4.02
BRISTOL-MYERS SQUIBB CORP NOTE 110122DD7 175,000.00 MITSU 08/15/27 97.41 170,461.03 2,727.03 2,135.61 (CALLABLE
DTD 07/15/2020 3.450% 11/15/2027

3.96 4.08
STATE STREET CORP NOTE (CALLABLE) 857477BQ5 185,000.00 MERRILL 11/18/26 90.23 166,928.65 3,438.60 1,636.22 DTD 11/18/2021 1.684% 11/18/2027

3.43 4.06
PACCAR FINANCIAL CORP CORPORATE 69371RS31 125,000.00 JSEB 101.37 126,710.50 299.25 369.62 NOTES
DTD 01/10/2023 4.600% 01/10/2028

4.23 4.27
TEXAS INSTRUMENTS INC CORP NOTE 882508BV5 85,000.00 BARCLAY 01/15/28 102.14 86,820.53 2,367.93 2,350.09 (CALLABL
DTD 11/18/2022 4.600% 02/15/2028

4.26 4.10
BRISTOL-MYERS SQUIBB CO CORP NOTES 110122DE5 85,000.00 JSEB 11/20/27 99.57 84,631.78 2,123.13 2,058.19 (CALL
DTD 07/15/2020 3.900% 02/20/2028

4.19 4.00
COLGATE-PALMOLIVE CO CORP NOTES 194162AR4 80,000.00 GOLDMAN 02/01/28 102.98 82,382.72 1,145.92 1,178.50 (CALLABL
DTD 03/01/2023 4.600% 03/01/2028

4.30 3.92
MASTERCARD INC CORP NOTES 57636QAW4 165,000.00 GOLDMAN 02/09/28 103.67 171,062.93 4,714.88 4,749.50 (CALLABLE)
DTD 03/09/2023 4.875% 03/09/2028

4.30 4.03
NATIONAL RURAL UTIL COOP CORP NOTES 63743HFG2 90,000.00 MKTX 02/15/28 101.29 91,157.94 275.04 278.06 (CAL
DTD 12/16/2022 4.800% 03/15/2028

4.32 4.50
WALMART INC CORPORATE NOTES 931142FB4 85,000.00 MIZUHO 03/15/28 99.68 84,728.77 (114.83) (115.94) (CALLABLE)
DTD 04/18/2023 3.900% 04/15/2028

4.55 3.97
Security Type Sub-Total 8,510,000.00 8,265,557.44 135,543.29 68,968.15 2.65 4.33 Account 35300000 Page 18

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Packet Pg. 72
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023) Managed Account Fair Market Value & Analytics For the Month Ending April 30, 2023 CITY OF HEALDSBURG - 35300000
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Commercial Paper
CREDIT AGRICOLE CIB NY COMM PAPER 22533UT11 1,000,000.00 CREDAG 99.53 995,253.00 19,159.67 (536.17) DTD 12/06/2022 0.000% 06/01/2023

0.10 5.37
MUFG BANK LTD/NY COMM PAPER 62479MVJ9 1,000,000.00 MITSU 98.39 983,933.00 23,087.44 222.44 DTD 11/29/2022 0.000% 08/18/2023

0.32 5.34
Security Type Sub-Total 2,000,000.00 1,979,186.00 42,247.11 (313.73) 0.21 5.36 Certificate of Deposit
GOLDMAN SACHS BANK USA CERT DEPOS 38149MZY2 250,000.00 DIRECT 94.34 235,861.25 (13,401.75) (13,796.07) DTD 09/22/2021 0.650% 09/23/2024

1.40 4.89
SALLIE MAE BANK/SALT LKE CERT DEPOS 795451AW3 250,000.00 DIRECT 94.41 236,029.00 (13,234.00) (13,628.32) DTD 09/22/2021 0.700% 09/23/2024

1.40 4.89
BMW BANK NORTH AMERICA CERT DEPOS 05580AE26 250,000.00 DIRECT 94.33 235,831.75 (13,431.25) (13,825.21) DTD 09/24/2021 0.650% 09/24/2024

1.40 4.89
Security Type Sub-Total 750,000.00 707,722.00 (40,067.00) (41,249.60) 1.40 4.89 Managed Account Sub-Total 36,459,243.06 35,061,546.16 (261,961.84) (518,855.83) 1.61 4.46 Total Investments $35,252,472.13
$190,925.97
$35,061,546.16
Accrued Interest
Securities Sub-Total $36,459,243.06 ($261,961.84) ($518,855.83) 1.61 4.46% Bolded items are forward settling trades.

Account 35300000 Page 19

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Packet Pg. 73
Attachment: Investment Report - April 2023 (4062 : Investment Report - April 2023)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 5, 2023
SUBJECT: Approval of Disbursement Report for Withdrawals During the Month of April 2023
PREPARED BY: Marisol Chavez, Accounting Technician
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

By motion, approve the Disbursement Report for April 2023.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

State law requires that the City Council approve the City’s monthly disbursement activity.

DISCUSSION/ANALYSIS:

The report recognizes $2,285,637.55 in disbursements, from April 1, 2023, through April 30, 2023, made by the City for supplies and services in accordance with the City’s approved budget policies and work programs.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

No alternatives are presented as this informational report is a requirement by state law.

FISCAL IMPACT:

There is no fiscal impact resulting from the proposed action.

6.C
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ENVIRONMENTAL ANALYSIS:

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

Consequently, no CEQA action is required.

ATTACHMENT(S):

Disbursement Approval Report - April 2023

6.C
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Amount
ALSCO INC 161675 PW Water Reclamation Uniforms ‐ FY 22/23 182.50 ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 56.57
ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 56.57
ALSCO INC 161675 PW Water Reclamation Floor Mats ‐ FY 22/23 172.28 ALSCO INC 161675 Foss Creek Community Center Floor Mats ‐ FY 22/23 194.54 ALSCO INC 161675 Senior Center Floor Mats ‐ FY 22/23 91.94 ALSCO INC 161675 Public Works Floor Mats ‐ FY 22/23 175.40 ALSCO INC 161675 HFD Floor Mats ‐ FY 22/23                   103.16 ALSCO INC 161675 HPD Floor Mats ‐ FY 22/23                   192.85 ALSCO INC 161675 Corp Yard Floor Mats ‐ FY 22/23 136.78 ALSCO INC 161675 City Hall Floor Mats ‐ FY 22/23 51.13
ALSCO INC 161675 Parks and Rec Floor Mats ‐ FY 22/23 33.14 ALSCO INC 161675 City Garage Uniforms ‐ FY 22/23 273.52 ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 70.71
ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 70.71
ALSCO INC 161675 PW Water Reclamation Uniforms ‐ FY 22/23 143.06 ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 70.71
ALSCO INC 161675 PW Water Reclamation Uniforms ‐ FY 22/23 143.06 Vendor 1142 ‐ ALPHA ANALYTICAL LABORATORIES INC Total: 3,034.50 Vendor: 3796 ‐ ALSCO INC
ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 70.71
ALPHA ANALYTICAL LABORATO 161835 Laboratory Analysis Services                     95.50 ALPHA ANALYTICAL LABORATO 161892 Laboratory Analysis Services 398.00 ALPHA ANALYTICAL LABORATO 161750 Laboratory Analysis Services 398.00 ALPHA ANALYTICAL LABORATO 161674 Laboratory Analysis Services 978.50 ALPHA ANALYTICAL LABORATO 161835 Laboratory Analysis Services 973.50 ALPHA ANALYTICAL LABORATO 161835 Laboratory Analysis Services                     95.50 Vendor 4005 ‐ ALAMEIDA ARCHITECTURE Total: 700.00
Vendor: 1142 ‐ ALPHA ANALYTICAL LABORATORIES INC
ALPHA ANALYTICAL LABORATO 161750 Laboratory Analysis Services                     95.50 Vendor: 4005 ‐ ALAMEIDA ARCHITECTURE
ALAMEIDA ARCHITECTURE 161673 Construction Service Counter Improvements 350.00 ALAMEIDA ARCHITECTURE 161673 Architectural Services for HCC 350.00 Vendor: 3967 ‐ AHLBORN, KATHERINE
AHLBORN, KATHERINE 161672 Computer Purchase Program 669.98 Vendor 3967 ‐ AHLBORN, KATHERINE Total: 669.98
Vendor: 5871 ‐ ACCESS INFORMATION HOLDINGS, LLC
ACCESS INFORMATION HOLDIN 161891 Monthly Data Storage 04/01/23‐04/30/23 48.77 Vendor 5871 ‐ ACCESS INFORMATION HOLDINGS, LLC Total: 48.77 ABM INDUSTRY GROUPS LLC 161749 Janitorial Maintenance FY 22/23 240.00 Vendor 5912 ‐ ABM INDUSTRY GROUPS LLC Total: 16,495.39
ABM INDUSTRY GROUPS LLC 161749 Janitorial Maintenance FY 22/23 240.00 ABM INDUSTRY GROUPS LLC 161749 Janitorial Maintenance FY 22/23 1,376.82 ABM INDUSTRY GROUPS LLC 161834 Janitorial Materials FY 22/23 876.11 ABM INDUSTRY GROUPS LLC 161749 Janitorial Maintenance FY 22/23 1,376.82 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 1,071.14 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 777.48 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 1,086.76 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 2,893.14 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 240.00 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY22/23 2,143.38 ABM INDUSTRY GROUPS LLC 161834 Janitorial Materials FY 22/23 582.19 ABM INDUSTRY GROUPS LLC 161834 Janitorial Materials FY 22/23 361.41 Vendor: 5912 ‐ ABM INDUSTRY GROUPS LLC
ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 2,143.38 ABM INDUSTRY GROUPS LLC 161834 Janitorial Services FY 22/23 1,086.76 Vendor: 18 ‐ AACTION RENTS
AACTION RENTS 161833 SOD CUTTER EQUIPMENT RENTAL 147.00 Vendor 18 ‐ AACTION RENTS Total: 147.00
Vendor: 3538 ‐ A PLUS LOCKSMITH
A PLUS LOCKSMITH 161890 Keys                   130.20
Vendor 3538 ‐ A PLUS LOCKSMITH Total: 130.20
Vendor: 3291 ‐ 49ER COMMUNICATIONS INC
49ER COMMUNICATIONS INC 161748 Motorola Replacement Battery 793.60 Vendor 3291 ‐ 49ER COMMUNICATIONS INC Total: 793.60
Disbursement Approval Report
City of Healdsburg, CA By Vendor Name
Payment Dates 04/01/2023 - 04/30/2023
Vendor Name Payment Number Description (Item)

6.C.a
Packet Pg. 76
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance Recreation Park 233.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐ Badger Park 233.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐Sonata Bus Stop 179.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐Plaza Park 373.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐ Giorgi Park 735.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐ Barbieri Park 166.00 Vendor 6641 ‐ BADGER METER Total: 99.00
Vendor: 52 ‐ BECOMING INDEPENDENT
BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐ Sorrento 179.00 Vendor 3483 ‐ BACKFLOW DISTRIBUTORS, INC Total: 417.36
Vendor: 6641 ‐ BADGER METER
BADGER METER 161679 RW Meter Beacon Starter Kit 99.00
Vendor 2498 ‐ AT&T Total: 305.50
Vendor: 3483 ‐ BACKFLOW DISTRIBUTORS, INC
BACKFLOW DISTRIBUTORS, INC 161678 Parts and Materials                   417.36 AT&T 161751 Phone and Data Services 03/07/23‐04/06/23 34.04 AT&T 161751 Phone and Data Service 3/07/23 ‐ 4/07/23 34.04 AT&T 161751 Phone and Data Service 3/07/23 ‐ 4/07/23 34.11 AT&T 161751 Phone and Data Service 3/07/23 ‐ 4/07/23 34.04 AT&T 161751 Phone and Data Service 3/07/23 ‐ 4/07/23 67.15 AT&T 161751 Phone and Data Service 3/07/23 ‐ 4/07/23 34.04 Vendor: 2498 ‐ AT&T
AT&T 161751 Phone and Data Service ‐ 3/7/23 ‐ 4/6/23 34.04 AT&T 161751 Phone and Data Service ‐ 3/7/23 ‐ 4/6/23 34.04 Vendor: 1713 ‐ AT&T
AT&T 161752 Phone and Data Service                2,018.60 Vendor 1713 ‐ AT&T Total: 2,018.60
Vendor: 10521 ‐ AT&T 289544058
AT&T 289544058 161837 SCADA Internet Service 04/07/23‐05/06/23 80.25 Vendor 10521 ‐ AT&T 289544058 Total: 80.25
Vendor: 8438 ‐ AT&T (CITY ALARM LINE)
AT&T (CITY ALARM LINE) 161895 Phone Service ‐ March 2023                     48.43 Vendor 8438 ‐ AT&T (CITY ALARM LINE) Total: 48.43
AT&T (CALNET3) 161894 Phone and Date Services 03/07/23‐04/06/23 70.69 Vendor 4037 ‐ AT&T (CALNET3) Total: 6,381.38
AT&T (CALNET3) 161894 Phone and Date Services 03/01/23‐03/31/23 415.81 AT&T (CALNET3) 161894 Phone and Data Services 03/07/23‐04/06/23 70.69 AT&T (CALNET3) 161753 Phone and Data Services 02/19/23‐03/18/23 5,047.78 AT&T (CALNET3) 161753 Phone and Data Services 02/20/23‐03/19/23 70.69 AT&T (CALNET3) 161677 Phone and Data Services 2/14/23‐3/13/23 24.49 AT&T (CALNET3) 161677 Phone and Data Services 2/14/23‐3/13/23 24.68 AT&T (CALNET3) 161677 Phone and Data Services 2/14/23‐3/13/23 47.30 AT&T (CALNET3) 161677 Phone and Data Services 2/14/23‐3/13/23 24.49 AT&T (CALNET3) 161677 Phone and Data Services 2/11/23‐3/10/23 144.49 AT&T (CALNET3) 161677 Credit‐Phone and Data Services 2/14/23‐3/13/23 (23.04) AT&T (CALNET3) 161677 Phone and Data Services 2/11/23‐3/10/23 133.37 AT&T (CALNET3) 161677 Phone and Data Services 2/11/23‐3/10/23 133.37 Vendor: 4037 ‐ AT&T (CALNET3)
AT&T (CALNET3) 161677 Phone and Data Services 2/11/23‐3/10/23 63.20 AT&T (CALNET3) 161677 Phone and Data Services 2/11/23‐3/10/23 133.37 AMAZON CAPITAL SERVICES INC161893 Metal Detector                     98.09 Vendor 6750 ‐ AMAZON CAPITAL SERVICES INC Total: 715.14 AMAZON CAPITAL SERVICES INC161836 CLEAR SAFETY GLASSES                     43.37 AMAZON CAPITAL SERVICES INC161893 Toilet Tissue                   420.27 AMAZON CAPITAL SERVICES INC161676 Batteries                     20.63 AMAZON CAPITAL SERVICES INC161836 Screen Protector Cell Phone                     13.43 AMAZON CAPITAL SERVICES INC161676 Operational Expense                   164.89 AMAZON CAPITAL SERVICES INC161676 Batteries                     20.63 Vendor 3796 ‐ ALSCO INC Total: 3,913.52
Vendor: 6750 ‐ AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC161676 Shop Supplies ‐ Return                    (66.17) ALSCO INC 161675 PW Water Reclamation Floor Mats ‐ FY 22/23 172.28 ALSCO INC 161675 Foss Creek Community Center Floor Mats ‐ FY 22/23 137.36 ALSCO INC 161675 Senior Center Floor Mats ‐ FY 22/23 91.94 ALSCO INC 161675 Public Works Floor Mats ‐ FY 22/23 140.32 ALSCO INC 161675 HFD Floor Mats ‐ FY 22/23                   103.16 ALSCO INC 161675 HPD Floor Mats ‐ FY 22/23                   164.56 ALSCO INC 161675 Corp Yard Floor Mats ‐ FY 22/23 136.78 ALSCO INC 161675 City Hall Floor Mats ‐ FY 22/23 75.48
ALSCO INC 161675 Parks and Rec Floor Mats ‐ FY 22/23 33.14 ALSCO INC 161675 City Garage Uniforms ‐ FY 22/23 273.52 ALSCO INC 161675 PW Water Reclamation Uniforms ‐ FY 22/23 182.50 ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 56.57
ALSCO INC 161675 PW O&M Uniforms ‐ FY 22/23 56.57

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Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor: 4127 ‐ CALIFORNIA STATE DISBURSEMENT UNIT
CALIFORNIA STATE DISBURSEM 161823 Child Support                   268.15 CALIFORNIA STATE DISBURSEM 161822 Child Support                   403.38 CALIFORNIA INTERGOVERNMEN161755 Workers Comp & Liability ‐ 7/01/22 ‐ 12/31/22 790.50 Vendor 8674 ‐ CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA) Total: 21,334.61 CALIFORNIA INTERGOVERNMEN161755 Workers Comp & Liability ‐ 7/01/22 ‐ 12/31/22 4,243.50 CALIFORNIA INTERGOVERNMEN161755 Workers Comp & Liability ‐ 7/01/22 ‐ 12/31/22 130.00 CALIFORNIA INTERGOVERNMEN161755 Workers Comp & Liability ‐ 7/01/22 ‐ 12/31/22 7,485.99 CALIFORNIA INTERGOVERNMEN161755 Workers Comp & Liability ‐ 7/01/22 ‐ 12/31/22 3,312.62 Vendor 3168 ‐ CALIFORNIA BUILDING STANDARDS COMMISSION Total: 562.50 Vendor: 8674 ‐ CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA) CALIFORNIA INTERGOVERNMEN161755 Workers Comp & Liability ‐ 7/01/22 ‐ 12/31/22 5,372.00 Vendor 5763 ‐ CA DEPARTMENT OF TAX AND FEE ADMINISTRATION Total: 9,062.00 Vendor: 3168 ‐ CALIFORNIA BUILDING STANDARDS COMMISSION CALIFORNIA BUILDING STANDA 161842 CBSC Fees Jan‐Mar 2023                   562.50 Vendor: 5763 ‐ CA DEPARTMENT OF TAX AND FEE ADMINISTRATION CA DEPARTMENT OF TAX AND F161754 Energy Surcharge 01/01/23 ‐ 03/31/23 5,145.00 CA DEPARTMENT OF TAX AND F161905 Sales and Use Tax 01/01/23 ‐ 03/31/23 3,917.00 BURNS, JULIE 161681 Translation and Interpretation Services 3,305.60 Vendor 8440 ‐ BURNS, JULIE Total: 5,363.20
Vendor 7137 ‐ BUREAU VERITAS NORTH AMERICA INC Total: 48,000.00 Vendor: 8440 ‐ BURNS, JULIE
BURNS, JULIE 161681 Translation and Interpretation Services 2,057.60 Vendor: 7137 ‐ BUREAU VERITAS NORTH AMERICA INC
BUREAU VERITAS NORTH AMER161841 Building Inspection Svcs for Enso Sr Living Comm. 25,000.00 BUREAU VERITAS NORTH AMER161904 Building Inspection Svcs for Enso Sr Living Comm. 23,000.00 Vendor: 90964 ‐ Bugarske, Richard
Bugarske, Richard 161903 Conservation Rebate ‐ Electric Cooktop 500.00 Vendor 90964 ‐ Bugarske, Richard Total: 500.00
Vendor: 90967 ‐ Brunicardi, Roy
Brunicardi, Roy 161902 Utility Refund                     61.87 Vendor 90967 ‐ Brunicardi, Roy Total: 61.87
Brogdon, Will 161901 Solar Refund                     41.22 Vendor 90944 ‐ Brogdon, Will Total: 100.68
Vendor 2859 ‐ BRENNTAG PACIFIC INC Total: 16,221.78
Vendor: 90944 ‐ Brogdon, Will
Brogdon, Will 161901 Utility Refund                     59.46 BRENNTAG PACIFIC INC 161840 Sodium Chloride ‐ Salt                2,200.00 BRENNTAG PACIFIC INC 161840 Citric Acid ‐ WRF (3600 gallons) 5,413.50 BRENNTAG PACIFIC INC 161840 12.5 % Sodium Hypochlorite‐ WRF 2,023.79 BRENNTAG PACIFIC INC 161840 Sodium Fluoride                5,500.00 Vendor 10000 ‐ BRANDLEY ENGINEERING INC Total: 9,388.75 Vendor: 2859 ‐ BRENNTAG PACIFIC INC
BRENNTAG PACIFIC INC 161840 12.5 % Sodium Hypochlorite‐ WRF 1,084.49 Vendor: 10000 ‐ BRANDLEY ENGINEERING INC
BRANDLEY ENGINEERING INC 161839 Develop Pavement Maintenance Management Plan 4,965.00 BRANDLEY ENGINEERING INC 161839 Engineering Design for Hbg Municipal Airport 4,423.75 Vendor: 10138 ‐ BOTTARINI, JANET AND RICHARD
BOTTARINI, JANET AND RICHAR161900 Solar Refund                   178.55 Vendor 10138 ‐ BOTTARINI, JANET AND RICHARD Total: 178.55 Vendor: 5970 ‐ BOOMERANG PLUS
BOOMERANG PLUS 161680 Custom Embroidered ‐ Vests and Shirts 558.99 Vendor 5970 ‐ BOOMERANG PLUS Total: 558.99
Vendor: 8398 ‐ BLATT LAWRENCE M TR
BLATT LAWRENCE M TR 161899 Utility Refund                   234.93 Vendor 8398 ‐ BLATT LAWRENCE M TR Total: 234.93
Vendor: 10137 ‐ BISIGNANI, MARK
BISIGNANI, MARK 161898 Solar Refund                     56.06 Vendor 10137 ‐ BISIGNANI, MARK Total: 56.06
BIRD RIDES INC 161897 Electric Bike Share Pilot Program 7,000.00 Vendor 10355 ‐ BIRD RIDES INC Total: 9,258.06
Vendor 8422 ‐ BENTLEY, ANNABEL Total: 249.39
Vendor: 10355 ‐ BIRD RIDES INC
BIRD RIDES INC 161897 Electric Bike Share Pilot Program 2,258.06 Vendor 52 ‐ BECOMING INDEPENDENT Total: 3,603.25
Vendor: 8422 ‐ BENTLEY, ANNABEL
BENTLEY, ANNABEL 161896 Solar Refund                   249.39 BECOMING INDEPENDENT 161838 Custodial & Parks Maint. West Plaza Parking Lot 603.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐ Streetscape 408.25 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐ Gibbs Park 315.00 BECOMING INDEPENDENT 161838 Custodial & Parks Maintenance ‐Railroad Park 179.00

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Packet Pg. 78
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) CENTRAL VALLEY BUILDERS SUP161757 Return ‐ Galvanized Pipe/Coupling (41.15) Vendor: 2864 ‐ CENTRAL VALLEY BUILDERS SUPPLY
CENTRAL VALLEY BUILDERS SUP161684 Parts and Materials                     35.85 CENTRAL VALLEY BUILDERS SUP161912 Parts and Materials ‐ Return (107.65) Vendor: 4147 ‐ CELLCO PARTNERSHIP
CELLCO PARTNERSHIP 161683 Phone and Data Services 1/25/23‐2/24/23 304.08 Vendor 4147 ‐ CELLCO PARTNERSHIP Total: 304.08
Vendor: 1799 ‐ CDW‐G
CDW‐G 161911 Headset for CDC Front Counter 310.84
Vendor 1799 ‐ CDW‐G Total: 310.84
Vendor: 731 ‐ CASTINO RESTAURANT EQUIP.INC.

CASTINO RESTAURANT EQUIP.IN161682 True Mfg General Foodservice T‐23F‐HC 5,469.01 Vendor 731 ‐ CASTINO RESTAURANT EQUIP.INC. Total: 5,469.01 CASCADE FIRE EQUIPMENT CO 161756 Uniform Supplies                   128.13 Vendor 714 ‐ CASCADE FIRE EQUIPMENT CO Total: 369.62
Vendor 10482 ‐ CAMPBELL, THOMAS Total: 1,387.80
Vendor: 714 ‐ CASCADE FIRE EQUIPMENT CO
CASCADE FIRE EQUIPMENT CO 161756 Uniform Supplies                   241.49 Vendor: 10482 ‐ CAMPBELL, THOMAS
CAMPBELL, THOMAS 161910 Per Diem (4/2‐4/6/23)                   220.00 CAMPBELL, THOMAS 161910 Lodging (4/2‐4/6/23)                1,167.80 CALPERS DFT0008253 PERS Safety 2nd Level             11,013.59 Vendor 4165 ‐ CALPERS Total: 243,312.02
CALPERS DFT0008251 PERS‐Safety 1st Level                3,781.36 CALPERS DFT0008252 PERS‐Safety 1st Level                1,568.80 CALPERS DFT0008249 PERS‐Safety 2nd Level                   587.37 CALPERS DFT0008250 PERS Survivor Benefit                   130.20 CALPERS DFT0008244 PERS‐MISC‐CLASSIC 1st Level 19,241.19 CALPERS DFT0008245 PERS‐MISC‐2nd Level                7,636.69 CALPERS DFT0008242 PERS‐EE Pepra             17,469.07
CALPERS DFT0008243 PERS Classic EE 1st Level 11,822.53
CALPERS DFT0008240 PERS Contribution                   228.37 CALPERS DFT0008241 PERS Contribution                   835.33 CALPERS DFT0008238 PERS‐PD‐Classic 2nd Level                   742.54 CALPERS DFT0008239 PERS‐Misc‐New             18,697.97
CALPERS DFT0008236 PERS‐PD‐Classic                2,190.10 CALPERS DFT0008237 PERS‐FIRE‐Classic                4,348.49 CALPERS DFT0008234 PERS‐PD‐Classic                2,131.41 CALPERS DFT0008235 PERS‐FIRE‐Classic                2,008.49 CALPERS DFT0008232 PERS‐PD‐New                6,792.35
CALPERS DFT0008233 PERS‐FIRE‐New                4,034.85 CALPERS DFT0008217 PERS Safety 2nd Level             11,481.08 CALPERS DFT0008226 PERS EE Misc Classic                5,748.06 CALPERS DFT0008215 PERS‐Safety 1st Level                3,781.29 CALPERS DFT0008216 PERS‐Safety 1st Level                1,568.80 CALPERS DFT0008213 PERS‐Safety 2nd Level                   587.37 CALPERS DFT0008214 PERS Survivor Benefit                   129.27 CALPERS DFT0008208 PERS‐MISC‐CLASSIC 1st Level 19,223.12 CALPERS DFT0008209 PERS‐MISC‐2nd Level                7,636.69 CALPERS DFT0008206 PERS‐EE Pepra             17,306.97
CALPERS DFT0008207 PERS Classic EE 1st Level 11,811.43
CALPERS DFT0008204 PERS Contribution                   228.37 CALPERS DFT0008205 PERS Contribution                   835.33 CALPERS DFT0008202 PERS‐PD‐Classic 2nd Level                   742.54 CALPERS DFT0008203 PERS‐Misc‐New             18,524.40
CALPERS DFT0008200 PERS‐PD‐Classic                2,159.11 CALPERS DFT0008201 PERS‐FIRE‐Classic                4,379.36 CALPERS DFT0008198 PERS‐PD‐Classic                2,131.41 CALPERS DFT0008199 PERS‐FIRE‐Classic                2,008.49 CALPERS DFT0008196 PERS‐PD‐New                7,222.20
CALPERS DFT0008197 PERS‐FIRE‐New                4,064.58 CALPERS DFT0008223 PD Uniform Allowance PPE 4/08/23 21 of 26 2.46 CALPERS DFT0008190 PERS EE Misc Classic                5,748.06 CALPERS DFT0008223 PD Uniform Allowance PPE 4/08/23 21 of 26 17.48 CALPERS DFT0008223 PD Uniform Allowance PPE 4/08/23 21 of 26 9.02 Vendor 4127 ‐ CALIFORNIA STATE DISBURSEMENT UNIT Total: 4,277.66 Vendor: 4165 ‐ CALPERS
CALPERS DFT0008224 2023 Replacement Benefit Contribution 2‐2 704.43 CALIFORNIA STATE DISBURSEM 161909 Child Support                1,292.30 CALIFORNIA STATE DISBURSEM 161906 Child Support                   175.00 CALIFORNIA STATE DISBURSEM 161907 Child Support                   268.15 CALIFORNIA STATE DISBURSEM 161908 Child Support                   403.38 CALIFORNIA STATE DISBURSEM 161824 Child Support                1,292.30 CALIFORNIA STATE DISBURSEM 161825 Child Support                   175.00

6.C.a
Packet Pg. 79
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor: 1531 ‐ DENNY'S ELECTRIC INC
Vendor: 90962 ‐ DeMaria, Sheena
DeMaria, Sheena 161919 Utility Refund                     55.18 Vendor 90962 ‐ DeMaria, Sheena Total: 55.18
Vendor: 10135 ‐ DECOSS, MICHAEL
DECOSS, MICHAEL 161918 Solar Refund                   119.86 Vendor 10135 ‐ DECOSS, MICHAEL Total: 119.86
DC ELECTRIC GROUP, INC. 161765 Replace 5 Bollards with LED Lamps 4,249.00 Vendor 3944 ‐ DC ELECTRIC GROUP, INC. Total: 5,651.88
Vendor 6327 ‐ CRABB, BRIAN Total: 425.50
Vendor: 3944 ‐ DC ELECTRIC GROUP, INC.

DC ELECTRIC GROUP, INC. 161765 Traffic Signal Repair ‐ Powell Accident 1,402.88 Vendor 879 ‐ COURTS, MIKE Total: 111.00
Vendor: 6327 ‐ CRABB, BRIAN
CRABB, BRIAN 161764 OES Prepos Mobilization ‐ Monterey County 425.50 Vendor 742 ‐ COUNTY OF SONOMA DEPT OF HEALTH SVC Total: 436.00 Vendor: 879 ‐ COURTS, MIKE
COURTS, MIKE 161763 NWPPA Conference ‐ Per Diem Travel 111.00 Vendor 8902 ‐ CORE & MAIN LP Total: 6,225.69
Vendor: 742 ‐ COUNTY OF SONOMA DEPT OF HEALTH SVC
COUNTY OF SONOMA DEPT OF 161845 Event Fee ‐ Tuesdays in Plaza ‐ 3T45 ‐ PR0017274 436.00 Vendor: 8902 ‐ CORE & MAIN LP
CORE & MAIN LP 161762 Parts and Materials                   146.43 CORE & MAIN LP 161844 Yellow Hydrant and Misc. Department Supplies 6,079.26 COOPERATIVE RESPONSE CENT 161761 After Hours Call Center ‐ March Fees 644.85 Vendor 3917 ‐ COOPERATIVE RESPONSE CENTER INC Total: 1,934.54 Vendor: 3917 ‐ COOPERATIVE RESPONSE CENTER INC
COOPERATIVE RESPONSE CENT 161761 After Hours Call Center ‐ March Fees 644.85 COOPERATIVE RESPONSE CENT 161761 After Hours Call Center ‐ March Fees 644.84 COMCAST‐133 MATHESON 161917 Internet Services 04/15/23‐05/14/23 163.20 Vendor 5076 ‐ COMCAST‐133 MATHESON Total: 316.40
Vendor 4086 ‐ COMCAST‐ 401 GROVE Total: 306.40
Vendor: 5076 ‐ COMCAST‐133 MATHESON
COMCAST‐133 MATHESON 161917 Internet Services 03/15/23‐04/14/23 153.20 Vendor: 4086 ‐ COMCAST‐ 401 GROVE
COMCAST‐ 401 GROVE 161916 Internet Services 03/20/23‐04/19/23 148.20 COMCAST‐ 401 GROVE 161916 Internet Services 04/20/23‐05/19/23 158.20 Vendor: 5150 ‐ COMCAST ‐ 238 CENTER ST
COMCAST ‐ 238 CENTER ST 161915 Internet Services 04/04/23‐05/03/23 551.65 Vendor 5150 ‐ COMCAST ‐ 238 CENTER ST Total: 551.65
Vendor: 6791 ‐ COMCAST ‐ 112 BROAD ST
COMCAST ‐ 112 BROAD ST 161760 Internet Services 3/19/23 ‐ 4/18/23 282.06 Vendor 6791 ‐ COMCAST ‐ 112 BROAD ST Total: 282.06
COASTLAND CIVIL ENGINEERING161914 Construction Support Svc for Exchange at Saw Mill 2,880.00 Vendor 86 ‐ COASTLAND CIVIL ENGINEERING INC Total: 12,332.50 Vendor: 86 ‐ COASTLAND CIVIL ENGINEERING INC
COASTLAND CIVIL ENGINEERING161914 Building Inspection Service for Montage Hbg 5,400.00 COASTLAND CIVIL ENGINEERING161843 Plan Review & Building Inspection ‐ Saw Mill Lot 4 4,052.50 CITY OF SANTA ROSA 161913 Mayor's and Councilmembers ‐                    100.00 Vendor 822 ‐ CITY OF SANTA ROSA Total: 450.00
Vendor: 822 ‐ CITY OF SANTA ROSA
CITY OF SANTA ROSA 161913 Mayor's and Councilmembers ‐ Assoc. Meeting 250.00 CITY OF SANTA ROSA 161913 Mayor's and Councilmembers ‐ Assoc. Meeting 100.00 Vendor: 577 ‐ CITY OF CLOVERDALE
CITY OF CLOVERDALE 161759 CLETS Direct Connection Fee ‐ Q3 FY 22‐23 769.25 Vendor 577 ‐ CITY OF CLOVERDALE Total: 769.25
Vendor: 4264 ‐ CIRRUS TECH LTD
CIRRUS TECH LTD 161758 GIS Hosting 3/23/23‐6/22/23 2,831.58 Vendor 4264 ‐ CIRRUS TECH LTD Total: 2,831.58
CINTAS CORP 161685 First Aid Supplies ‐ WRF                   159.58 Vendor 10024 ‐ CINTAS CORP Total: 250.94
Vendor 2864 ‐ CENTRAL VALLEY BUILDERS SUPPLY Total: 779.36 Vendor: 10024 ‐ CINTAS CORP
CINTAS CORP 161685 First Aid Supplies‐Community Ctr 91.36 CENTRAL VALLEY BUILDERS SUP161912 Corona AC7220 Leather Scabbard 17.43 CENTRAL VALLEY BUILDERS SUP161912 10ft Aluminum Tripod Ladder 430.56 CENTRAL VALLEY BUILDERS SUP161757 Parts and Materials                     12.18 CENTRAL VALLEY BUILDERS SUP161912 Fertilizer                   133.70 CENTRAL VALLEY BUILDERS SUP161757 Recycled Water Metering Turn Out Repairs 12.31 CENTRAL VALLEY BUILDERS SUP161757 Parts and Materials                     33.97 CENTRAL VALLEY BUILDERS SUP161684 Recycled Water Metering Turnout Parts 252.16

6.C.a
Packet Pg. 80
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor: 3718 ‐ EVERGREEN JOB & SAFETY TRAINING INC
Vendor: 3128 ‐ EUREKA OXYGEN INC
EUREKA OXYGEN INC 161774 Equipment Rental and Supplies 70.50 Vendor 3128 ‐ EUREKA OXYGEN INC Total: 70.50
Vendor: 4043 ‐ ESGIL LLC
ESGIL LLC 161689 Building Permit and Fire Plan Review Services 9,887.78 Vendor 4043 ‐ ESGIL LLC Total: 9,887.78
Vendor: 430 ‐ EQUIFAX CREDIT INFORMATION
EQUIFAX CREDIT INFORMATION161924 Monthly Jurisdiction Services 20.00 Vendor 430 ‐ EQUIFAX CREDIT INFORMATION Total: 20.00
Vendor: 3801 ‐ EMPLOYEE RELATIONS INC
EMPLOYEE RELATIONS INC 161773 Pre‐Employment Verification 367.35 Vendor 3801 ‐ EMPLOYEE RELATIONS INC Total: 367.35
Vendor: 1290 ‐ ELECTRONIC STORAGE CORPORATION
ELECTRONIC STORAGE CORPOR161923 Software Maintenance 08/01/23‐7/31/24 2,618.00 Vendor 1290 ‐ ELECTRONIC STORAGE CORPORATION Total: 2,618.00 Vendor: 117 ‐ ECONOMY LOCK & KEY
ECONOMY LOCK & KEY 161772 Ford Key ‐ VEH #461                     90.00 Vendor 117 ‐ ECONOMY LOCK & KEY Total: 90.00
ECONOMIC & PLANNING SYSTE 161922 Prepare Sixth Cycle Housing Element Update 4,740.00 Vendor 4073 ‐ ECONOMIC & PLANNING SYSTEMS, INC Total: 16,653.75 Vendor 90963 ‐ Durie, Veronica Total: 750.00
Vendor: 4073 ‐ ECONOMIC & PLANNING SYSTEMS, INC
ECONOMIC & PLANNING SYSTE 161771 Prepare Sixth Cycle Housing Element Update 11,913.75 Vendor 10353 ‐ DRAPER, THOMAS Total: 407.00
Vendor: 90963 ‐ Durie, Veronica
Durie, Veronica 161921 Conservation Rebate ‐ Heat Pump 750.00 Vendor 10283 ‐ DMR BUILDERS Total: 163,281.08
Vendor: 10353 ‐ DRAPER, THOMAS
DRAPER, THOMAS 161920 Training ‐ Per Diem                   407.00 Vendor: 10283 ‐ DMR BUILDERS
DMR BUILDERS 161688 Rehabilitation of L&M Motel 171,874.82 DMR BUILDERS 161688 DMR Builders, Inv#6.1, Retention (8,593.74) DKF SOLUTIONS GROUP LLC 161770 Safety Services Subscription                     70.00 Vendor 3174 ‐ DKF SOLUTIONS GROUP LLC Total: 350.00
DKF SOLUTIONS GROUP LLC 161770 Safety Services Subscription                     70.00 DKF SOLUTIONS GROUP LLC 161770 Safety Services Subscription                     70.00 Vendor: 3174 ‐ DKF SOLUTIONS GROUP LLC
DKF SOLUTIONS GROUP LLC 161770 Safety Services Subscription                     70.00 DKF SOLUTIONS GROUP LLC 161770 Safety Services Subscription                     70.00 Vendor: 3706 ‐ DIVISION OF THE STATE ARCHITECT
DIVISION OF THE STATE ARCHIT161847 SB1186 Disability Fee FY 22/23 45.20 Vendor 3706 ‐ DIVISION OF THE STATE ARCHITECT Total: 45.20 Vendor: 7251 ‐ DISSIGNO HEALDSBURG FPV,LLC
DISSIGNO HEALDSBURG FPV,LLC161769 March 2023 Generation             39,317.93 Vendor 7251 ‐ DISSIGNO HEALDSBURG FPV,LLC Total: 39,317.93 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ City Hall Group 1,324.25 Vendor 5788 ‐ DEVELOPMENT GROUP, INC Total: 95,179.96
DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ IT                     98.09 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ Corp Yard Group 343.33 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ Fire Dept 343.33 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ Utilities‐Sewer 147.14 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ HCC 147.14 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ Police Dept 784.74 DEVELOPMENT GROUP, INC 161687 Network Hardware, Configuration, and Installation 88,346.00 DEVELOPMENT GROUP, INC 161768 Phone System Upgrade ‐ HCC 294.28 Vendor 570 ‐ DEPARTMENT OF WATER RESOURCES Total: 5,169.00 Vendor: 5788 ‐ DEVELOPMENT GROUP, INC
DEVELOPMENT GROUP, INC 161687 Network Hardware, Configuration, and Installation 3,351.66 Vendor 1712 ‐ DEPARTMENT OF JUSTICE Total: 320.00
Vendor: 570 ‐ DEPARTMENT OF WATER RESOURCES
DEPARTMENT OF WATER RESO 161686 Foss Creek North Area                5,169.00 Vendor: 1712 ‐ DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE 161767 March 2023 Fingerprint                     64.00 DEPARTMENT OF JUSTICE 161767 March 2023 Fingerprint                   256.00 Vendor: 103 ‐ DEPARTMENT OF CONSERVATION
DEPARTMENT OF CONSERVATIO161846 SMI Fees Jan‐Mar 2023                1,587.24 Vendor 103 ‐ DEPARTMENT OF CONSERVATION Total: 1,587.24 DENNY'S ELECTRIC INC 161766 ELER‐003‐2023 Refund                3,352.80 Vendor 1531 ‐ DENNY'S ELECTRIC INC Total: 3,352.80

6.C.a
Packet Pg. 81
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) GARRETT HARDWARE‐ACCT929161694 Supplies‐Key, Wall Scraper, Mop Head 53.32 Vendor 3986 ‐ GARRETT HARDWARE‐ACCT#9298,9299 Total: 158.06 Vendor: 136 ‐ GARRETT HARDWARE‐ACCT9294,9295
GARRETT HARDWARE‐ACCT929161694 Supplies‐Glue & Bolts                     10.93 GARRETT HARDWARE‐ACCT#92161693 Stiff Push Broom                     49.04 GARRETT HARDWARE‐ACCT#92161693 Paint Supplies                     84.53 Vendor: 3986 ‐ GARRETT HARDWARE‐ACCT#9298,9299
GARRETT HARDWARE‐ACCT#92161693 Supplies‐Tubing                       2.70 GARRETT HARDWARE‐ACCT#92161693 Parts and Supplies                     21.79 GARRETT HARDWARE‐ACCT #92161692 Cooling Fan Install                     15.02 Vendor 3960 ‐ GARRETT HARDWARE‐ACCT #9297 Total: 45.52
Vendor 3959 ‐ GARRETT HARDWARE‐ACCT #9296 Total: 348.24 Vendor: 3960 ‐ GARRETT HARDWARE‐ACCT #9297
GARRETT HARDWARE‐ACCT #92161692 Supplies‐Tape/Utility Knife‐Magnolia 30.50 GARRETT HARDWARE‐ACCT #92161691 Parts and Materials                     32.24 GARRETT HARDWARE‐ACCT #92161691 Parts and Materials                     67.56 GARRETT HARDWARE‐ACCT #92161691 Scissors, Gear Tie, Bulk Bolts, Storage Lid 65.80 GARRETT HARDWARE‐ACCT #92161691 Quick Connect Plugs ‐ VEH # 152 36.85 GARRETT HARDWARE‐ACCT #92161691 Hand Soap                       8.72 GARRETT HARDWARE‐ACCT #92161691 Bulk Bolts, Storage Box, Knife 70.44 Vendor: 3959 ‐ GARRETT HARDWARE‐ACCT #9296
GARRETT HARDWARE‐ACCT #92161691 Supplies‐Bulk Bolts/Flex Seal 61.86 GARRETT HARDWARE‐ACCT #92161691 Bulk Bolts ‐ Villa Chanticleer                       4.77 GARRETT HARDWARE‐ACCT #92161690 Tray Liners                       9.80 Vendor 3958 ‐ GARRETT HARDWARE‐ACCT #9292 Total: 498.43 GARRETT HARDWARE‐ACCT #92161690 Chain Loop‐Toilet Cleaner                     58.82 GARRETT HARDWARE‐ACCT #92161690 Paintbrush/Tarp/Brush/Strap Hold Down 62.89 GARRETT HARDWARE‐ACCT #92161690 Cap PVC                     13.86 GARRETT HARDWARE‐ACCT #92161690 Strap Hold Down/Nestle Pure Life 28.16 GARRETT HARDWARE‐ACCT #92161690 Soil Top 1CF                       7.62 GARRETT HARDWARE‐ACCT #92161690 Parts and Supplies ‐ Mulch                     38.10 GARRETT HARDWARE‐ACCT #92161690 Clamp Return                    (15.01) GARRETT HARDWARE‐ACCT #92161690 Parts ‐ Rivets                       9.80 GARRETT HARDWARE‐ACCT #92161690 Supplies‐Bulk Bolts                     20.86 GARRETT HARDWARE‐ACCT #92161690 Supplies ‐ Clamp                     30.02 GARRETT HARDWARE‐ACCT #92161690 Supplies‐Concrete Mix                   108.89 GARRETT HARDWARE‐ACCT #92161690 Supplies‐Cleaner Wheel                     10.89 GARRETT HARDWARE‐ACCT #92161690 Supplies‐Airfresh/Simple Green/Tyveck 27.87 GARRETT HARDWARE‐ACCT #92161690 Supplies‐Top Soil                     22.86 Vendor: 3958 ‐ GARRETT HARDWARE‐ACCT #9292
GARRETT HARDWARE‐ACCT #92161690 Supplies‐Bulk Bolts/Wrench/Marking Paint 42.30 GARRETT HARDWARE‐ACCT #92161690 Supplies‐Cleaner Drn Drnomx 20.70 FRC, INC 161851 FRC,INV#1 Retention                  (860.69) Vendor 7234 ‐ FRC, INC Total: 16,352.92
Vendor 389 ‐ FRANCHISE TAX BOARD Total: 335.73
Vendor: 7234 ‐ FRC, INC
FRC, INC 161851 Senior Center Improvements 2022 17,213.61 FRANCHISE TAX BOARD 161826 Earnings Withholding Order for Taxes 85.07 FRANCHISE TAX BOARD 161927 Earnings Withholding Order for Taxes 85.07 Vendor 3132 ‐ FLOTTWEG SEPARATION TECHNOLOGY INC Total: 81,562.50 Vendor: 389 ‐ FRANCHISE TAX BOARD
FRANCHISE TAX BOARD 161827 Earnings Withholding Order for Taxes 165.59 Vendor 10284 ‐ FLEXIM AMERICAS CORPORATION Total: 6,725.77 Vendor: 3132 ‐ FLOTTWEG SEPARATION TECHNOLOGY INC
FLOTTWEG SEPARATION TECHN161850 WRF Z4E‐4/454             81,562.50 FLEXIM AMERICAS CORPORATIO161775 Wall Thickness Probe for F/G 601 1,104.30 FLEXIM AMERICAS CORPORATIO161775 Pair of Type Q Transducers 1,109.80 FLEXIM AMERICAS CORPORATIO161775 Pair of Type M Transducers 1,148.79 FLEXIM AMERICAS CORPORATIO161775 Pair of Type M Transducers 1,148.80 Vendor: 10284 ‐ FLEXIM AMERICAS CORPORATION
FLEXIM AMERICAS CORPORATIO161775 Wall Thickness Probe for F/G 601 1,104.29 FLEXIM AMERICAS CORPORATIO161775 Pair of Type Q Transducers 1,109.79 Vendor: 6431 ‐ FLETCHER STUDIO, INC
FLETCHER STUDIO, INC 161926 Park Planning and River Access 3,000.00 Vendor 6431 ‐ FLETCHER STUDIO, INC Total: 3,000.00
Vendor: 2599 ‐ FISHMAN SUPPLY CO
FISHMAN SUPPLY CO 161849 2MIL BLACK LINER                2,180.52 Vendor 2599 ‐ FISHMAN SUPPLY CO Total: 2,180.52
Vendor: 9724 ‐ Ferrero, Joyce
Ferrero, Joyce 161925 Low Flow Toilet                   220.00 Vendor 9724 ‐ Ferrero, Joyce Total: 220.00
EVERGREEN JOB & SAFETY TRAI161848 Training for the Electric Dept 2,285.00 Vendor 3718 ‐ EVERGREEN JOB & SAFETY TRAINING INC Total: 2,285.00

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Packet Pg. 82
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor 2257 ‐ HANSEL FORD Total: 212.66
Vendor: 1391 ‐ HD SUPPLY, Inc
HD SUPPLY, Inc 161702 Replacement Probe for Fluoride Sensor ‐ Water Lab 536.77 Vendor 5074 ‐ HAGELE, DAVID Total: 308.29
Vendor: 2257 ‐ HANSEL FORD
HANSEL FORD 161701 VEH # 65 ‐ Parts and Materials 212.66 HAGELE, DAVID 161700 Monthly Data Reimb. April 2023 50.00 HAGELE, DAVID 161700 Monthly Reimbursement ‐ Feb & March 208.29 Vendor 10543 ‐ HAAS Inc. Total: 2,486.33
Vendor: 5074 ‐ HAGELE, DAVID
HAGELE, DAVID 161700 Monthly Data Reimb. March 2023 50.00 Vendor 6357 ‐ GREGORY WEKSEL Total: 2,996.00
Vendor: 10543 ‐ HAAS Inc.

HAAS Inc. 161699 Alerting System to be installed on all engines. 2,486.33 Vendor 5903 ‐ GRANICUS. LLC Total: 1,706.71
Vendor: 6357 ‐ GREGORY WEKSEL
GREGORY WEKSEL 161932 Instructor Payment                2,996.00 Vendor 142 ‐ GRAINGER INC Total: 1,388.47
Vendor: 5903 ‐ GRANICUS. LLC
GRANICUS. LLC 161931 Civic Streaming, HD Upgrade, Agenda & Minutes 1,706.71 GRAINGER INC 161853 KneeBoard                     14.66 GRAINGER INC 161930 Safety Glasses                     82.82 GRAINGER INC 161779 Corded Ear Plugs 100 pk                     36.74 GRAINGER INC 161853 KneeBoard                     14.65 GRAINGER INC 161698 Parts and Materials ‐ Ceramic Fuse 23.31 GRAINGER INC 161779 Parts and Materials                   313.03 GRAINGER INC 161930 Mechanics Gloves and Disposable Gloves 324.20 GRAINGER INC 161779 Shop Supplies                   254.86 Vendor 315 ‐ GOLDEN GATE LANDSCAPE MANAGEMENT INC Total: 12,499.50 Vendor: 142 ‐ GRAINGER INC
GRAINGER INC 161930 Mechanics Gloves and Disposable Gloves 324.20 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23‐Hlbg Ave Prkg Lot 63.00 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ HUSD 3,648.75 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23‐Mitchell Ln Prkg Lot 120.00 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23‐West Plaza Prkg Lot 288.75 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ HPD 120.75 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ Senior Center 131.25 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ Museum 236.25 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ HFD 241.50 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ Swim Center 262.50 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ Corp Yard 294.00 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ HCC 1,275.75 GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ Parks 5,696.25 Vendor 10548 ‐ GMES LLC Total: 175.48
Vendor: 315 ‐ GOLDEN GATE LANDSCAPE MANAGEMENT INC
GOLDEN GATE LANDSCAPE MAN161697 Landscape Maintenance FY 22/23 ‐ Badger Substation 120.75 Vendor: 10548 ‐ GMES LLC
GMES LLC 161778 Uniform Supplies                   100.68 GMES LLC 161929 HS‐P21428 ‐ Hastings #2                     74.80 Vendor: 3888 ‐ GEOGRAPHIC TECHNOLOGIES GROUP INC
GEOGRAPHIC TECHNOLOGIES G161777 On‐Call GIS Services                5,916.00 Vendor 3888 ‐ GEOGRAPHIC TECHNOLOGIES GROUP INC Total: 5,916.00 Vendor: 10449 ‐ GDS ASSOCIATES INC
GDS ASSOCIATES INC 161776 Cost of Service & Rate Structure for Elec Dept 9,030.00 Vendor 10449 ‐ GDS ASSOCIATES INC Total: 9,030.00
GARY D. NELSON ASSOCIATESM161928 Temp AP Specialist                1,187.56 Vendor 1389 ‐ GARY D. NELSON ASSOCIATESM INC Total: 4,968.11 GARY D. NELSON ASSOCIATESM161852 TEMP AP SPECIALIST                1,266.72 GARY D. NELSON ASSOCIATESM161852 Temp AP Specialist                1,266.72 Vendor 7016 ‐ GARTON TRACTOR INC Total: 164.09
Vendor: 1389 ‐ GARY D. NELSON ASSOCIATESM INC
GARY D. NELSON ASSOCIATESM161696 Temp AP Specialist                1,247.11 Vendor: 7016 ‐ GARTON TRACTOR INC
GARTON TRACTOR INC 161695 Key Lock Blank VEH # 301                     36.35 GARTON TRACTOR INC 161695 VEH # 126 ‐ Head Lam Switch 127.74 GARRETT HARDWARE‐ACCT929161694 Roof Coating Supplies                     49.04 Vendor 136 ‐ GARRETT HARDWARE‐ACCT9294,9295 Total: 281.74 GARRETT HARDWARE‐ACCT929161694 Quicksilver Prem Oil                     21.78 GARRETT HARDWARE‐ACCT929161694 Parts and Materials                     87.11 GARRETT HARDWARE‐ACCT929161694 Parts ‐ Cable Tie                       7.62 GARRETT HARDWARE‐ACCT929161694 Parts ‐ Philip PN & Potting Soil 33.21 GARRETT HARDWARE‐ACCT929161694 Supplies‐Bait Liquid Ant                     18.73

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Packet Pg. 83
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor 184 ‐ IBEW LOCAL 1245 Total: 7,494.64
Vendor: 10120 ‐ ICMA Membership Renewals
Vendor: 184 ‐ IBEW LOCAL 1245
IBEW LOCAL 1245 161830 IBEW Dues                3,773.11 IBEW LOCAL 1245 161939 IBEW Dues                3,721.53 IAFF LOCAL 2604 161938 IAFF dues                   747.94 Vendor 183 ‐ IAFF LOCAL 2604 Total: 1,495.88
Vendor 6368 ‐ HUMANE SOCIETY OF SONOMA COUNTY Total: 21,150.00 Vendor: 183 ‐ IAFF LOCAL 2604
IAFF LOCAL 2604 161829 IAFF dues                   747.94 Vendor 6856 ‐ HROD INC Total: 7,124.14
Vendor: 6368 ‐ HUMANE SOCIETY OF SONOMA COUNTY
HUMANE SOCIETY OF SONOMA161786 Animal Care and Control FY 22/23 21,150.00 Vendor 3982 ‐ HOUSING LAND TRUST OF SONOMA COUNTY Total: 10,250.00 Vendor: 6856 ‐ HROD INC
HROD INC 161785 Federal Advocacy Services  ‐ COVID‐19 7,124.14 Vendor 8241 ‐ HIRSCHMANN SANDRA J TR ET AL Total: 66.11 Vendor: 3982 ‐ HOUSING LAND TRUST OF SONOMA COUNTY
HOUSING LAND TRUST OF SONO161937 Development of Land Trust Affordable Homeownership 10,250.00 Vendor 3307 ‐ HINDERLITER, DELLAMAS & ASSOCIATES Total: 8,056.25 Vendor: 8241 ‐ HIRSCHMANN SANDRA J TR ET AL
HIRSCHMANN SANDRA J TR ET A161708 Picnic Area Rent Refund‐Event 6/10/23 66.11 HINDERLITER, DELLAMAS & ASS161784 Sales Tax Audit                   377.77 HINDERLITER, DELLAMAS & ASS161856 Cannabis Management Services 5,937.50 Vendor 10372 ‐ HIGUERA, JOEL Total: 406.00
Vendor: 3307 ‐ HINDERLITER, DELLAMAS & ASSOCIATES
HINDERLITER, DELLAMAS & ASS161707 Sales Tax Audit                1,740.98 Vendor 6983 ‐ HERRON, WILLIAM AND MACHIKO Total: 86.50
Vendor: 10372 ‐ HIGUERA, JOEL
HIGUERA, JOEL 161783 Training 4/2/23 ‐ 4/7/23 ‐ Per Diem 406.00 Vendor 934 ‐ HERNANDEZ, NATHAN Total: 111.00
Vendor: 6983 ‐ HERRON, WILLIAM AND MACHIKO
HERRON, WILLIAM AND MACHI161936 Solar Refund                     86.50 Vendor 169 ‐ HEALDSBURG SIGNS INC Total: 49.05
Vendor: 934 ‐ HERNANDEZ, NATHAN
HERNANDEZ, NATHAN 161782 NWPPA Conference ‐ Per Diem Travel 111.00 Vendor 181 ‐ HEALDSBURG POLICE OFFICER ASSC Total: 2,375.00 Vendor: 169 ‐ HEALDSBURG SIGNS INC
HEALDSBURG SIGNS INC 161706 Truck Number Decals‐Sm Equip‐Com Service 49.05 Vendor: 181 ‐ HEALDSBURG POLICE OFFICER ASSC
HEALDSBURG POLICE OFFICER A161828 HPOA Dues                1,187.50 HEALDSBURG POLICE OFFICER A161935 HPOA Dues                1,187.50 HEALDSBURG LUMBER COMPA 161704 Parts and Supplies ‐ Skate Park 33.45 Vendor 158 ‐ HEALDSBURG LUMBER COMPANY Total: 1,064.46
HEALDSBURG LUMBER COMPA 161705 4.5 x 4.5 SC Hinge ‐ VEH #42                     29.85 HEALDSBURG LUMBER COMPA 161704 Parts and Supplies ‐ Concrete 48.05 HEALDSBURG LUMBER COMPA 161705 4.5 x 4.5 SC Hinge ‐ VEH #42                     29.84 HEALDSBURG LUMBER COMPA 161705 4.5 x 4.5 SC Hinge ‐ VEH #42                     29.84 HEALDSBURG LUMBER COMPA 161704 Parts and Supplies ‐ VEH # 157 55.44 HEALDSBURG LUMBER COMPA 161704 Parts and Supplies ‐ Concrete 46.70 Vendor 3140 ‐ HEALDSBURG FAMILY L.P. Total: 1,867.18
Vendor: 158 ‐ HEALDSBURG LUMBER COMPANY
HEALDSBURG LUMBER COMPA 161704 Parts and Supplies                   791.29 Vendor: 3140 ‐ HEALDSBURG FAMILY L.P.

HEALDSBURG FAMILY L.P. 161934 Solar Refund                   913.79 HEALDSBURG FAMILY L.P. 161934 Solar Refund                   953.39 HEALDSBURG CHAMBER OF CO 161855 Community Partnership & Economic Develop FY22/23 32,500.00 Vendor 1396 ‐ HEALDSBURG CHAMBER OF COMMERCE Total: 97,028.42 Vendor 156 ‐ HEALDSBURG BLUE INC Total: 2,227.45
Vendor: 1396 ‐ HEALDSBURG CHAMBER OF COMMERCE
HEALDSBURG CHAMBER OF CO 161703 HTID 2% HPA Feb 2023 ‐ 98.8% of Assessment 64,528.42 HEALDSBURG BLUE INC 161780 Printing Services                   659.08 HEALDSBURG BLUE INC 161933 Printing Service                   139.52 Vendor 151 ‐ HEALDSBURG AVIATION INC Total: 10,528.31
Vendor: 156 ‐ HEALDSBURG BLUE INC
HEALDSBURG BLUE INC 161780 Printing Services                1,428.85 HEALDSBURG AVIATION INC 161854 Airport Management Services 5,229.16 HEALDSBURG AVIATION INC 161854 Reimburse: Landscape Supplies 69.99 Vendor 1391 ‐ HD SUPPLY, Inc Total: 536.77
Vendor: 151 ‐ HEALDSBURG AVIATION INC
HEALDSBURG AVIATION INC 161854 Airport Management Services 5,229.16

6.C.a
Packet Pg. 84
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor: 200 ‐ KAISER PERMANENTE
KAISER PERMANENTE 161859 May 2023 Premiums           130,887.06 Vendor 200 ‐ KAISER PERMANENTE Total: 130,887.06
Vendor: 197 ‐ JOHNSON POOLS INC
JOHNSON POOLS INC 161858 Annual Maintenance for the Plaza Park Fountain 300.00 Vendor 197 ‐ JOHNSON POOLS INC Total: 300.00
JOHN A. PETERSON 161712 Grant Writing Services                2,970.00 Vendor 5794 ‐ JOHN A. PETERSON Total: 7,290.00
Vendor 2585 ‐ JAROTH INC Total: 92.03
Vendor: 5794 ‐ JOHN A. PETERSON
JOHN A. PETERSON 161712 Grant Writing Services                4,320.00 Vendor 3929 ‐ JAMSAB REALTY CORP Total: 74,036.00
Vendor: 2585 ‐ JAROTH INC
JAROTH INC 161711 Phone Services                     92.03 Vendor 8428 ‐ JACOB HARROWER Total: 1,902.20
Vendor: 3929 ‐ JAMSAB REALTY CORP
JAMSAB REALTY CORP DFT0008187 2014 Wtr Rev Refunding Interest Payment 74,036.00 Vendor: 8428 ‐ JACOB HARROWER
JACOB HARROWER 161710 Development Submission & Admin for CalVTP 793.60 JACOB HARROWER 161710 Development Submission & Admin for CalVTP 1,108.60 INTERNAL REVENUE SERVICE DFT0008256 Medicare             19,910.86 Vendor 487 ‐ INTERNAL REVENUE SERVICE Total: 187,601.08 INTERNAL REVENUE SERVICE DFT0008220 Medicare             19,537.90 INTERNAL REVENUE SERVICE DFT0008254 Fed W/H             75,291.91 Vendor 3637 ‐ INLAND BUSINESS MACHINES NC Total: 3,452.81 Vendor: 487 ‐ INTERNAL REVENUE SERVICE
INTERNAL REVENUE SERVICE DFT0008218 Fed W/H             72,860.41 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 153.99 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/18/23 ‐ 04/17/23 670.95 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 32.93 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 133.98 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 232.13 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 107.99 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 270.07 INLAND BUSINESS MACHINES N161941 Equipment Lease 01/14/23 ‐ 04/13/23 28.64 INLAND BUSINESS MACHINES N161941 Equipment Lease 03/01/23 ‐ 03/31/23 50.70 INLAND BUSINESS MACHINES N161941 Equipment Lease 03/01/23 ‐ 03/31/23 113.36 INLAND BUSINESS MACHINES N161941 Equipment Lease 03/01/23 ‐ 03/31/23 245.54 INLAND BUSINESS MACHINES N161941 Equipment Lease 03/01/23 ‐ 03/31/23 827.60 Vendor 916 ‐ IMAGE TREE SERVICE Total: 26,548.80
Vendor: 3637 ‐ INLAND BUSINESS MACHINES NC
INLAND BUSINESS MACHINES N161941 Equipment Lease 03/01/23 ‐ 03/31/23 584.93 IMAGE TREE SERVICE 161709 Tree Service ‐ Emergency Work 11,864.00 IMAGE TREE SERVICE 161709 Tree Service ‐ Emergency Work 1,300.00 Vendor 3248 ‐ IDEXX DISTRIBUTION, INC. Total: 1,329.65
Vendor: 916 ‐ IMAGE TREE SERVICE
IMAGE TREE SERVICE 161709 Tree Service ‐ Emergency Work 13,384.80 Vendor 187 ‐ ICMA RETIREMENT CORPORATION Total: 65,578.72 Vendor: 3248 ‐ IDEXX DISTRIBUTION, INC.

IDEXX DISTRIBUTION, INC. 161857 GAMMA IRRAD COLILERT 1,329.65 ICMA RETIREMENT CORPORATI DFT0008247 Roth 457 EE Contribution 2,881.00 ICMA RETIREMENT CORPORATI DFT0008248 Roth IRA EE Contribution                   225.00 ICMA RETIREMENT CORPORATI DFT0008231 401A Loan Repayment                1,100.23 ICMA RETIREMENT CORPORATI DFT0008246 Roth 457 EE % Contribution 1,695.46 ICMA RETIREMENT CORPORATI DFT0008229 PTS  457 Contribution                2,648.32 ICMA RETIREMENT CORPORATI DFT0008230 457 Loan Repayment                1,837.50 ICMA RETIREMENT CORPORATI DFT0008227 457 Contribution             16,732.04 ICMA RETIREMENT CORPORATI DFT0008228 457 Contribution                4,209.72 ICMA RETIREMENT CORPORATI DFT0008212 Roth IRA EE Contribution                   225.00 ICMA RETIREMENT CORPORATI DFT0008225 401A                1,468.78 ICMA RETIREMENT CORPORATI DFT0008210 Roth 457 EE % Contribution 1,898.83 ICMA RETIREMENT CORPORATI DFT0008211 Roth 457 EE Contribution 2,881.00 ICMA RETIREMENT CORPORATI DFT0008194 457 Loan Repayment                1,837.50 ICMA RETIREMENT CORPORATI DFT0008195 401A Loan Repayment                1,100.23 ICMA RETIREMENT CORPORATI DFT0008192 457 Contribution                4,257.20 ICMA RETIREMENT CORPORATI DFT0008193 PTS  457 Contribution                2,430.09 Vendor: 187 ‐ ICMA RETIREMENT CORPORATION
ICMA RETIREMENT CORPORATI DFT0008189 401A                1,468.78 ICMA RETIREMENT CORPORATI DFT0008191 457 Contribution             16,682.04 ICMA Membership Renewals 161940 ICMA Membership Renewal, Kay 1,200.00 Vendor 10120 ‐ ICMA Membership Renewals Total: 2,400.00 ICMA Membership Renewals 161940 ICMA Membership Renewal ‐ Sturmfels 1,200.00

6.C.a
Packet Pg. 85
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     46.12 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   255.06 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     93.93 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   116.42 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     41.61 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   414.19 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   165.10 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   306.63 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   120.97 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   329.32 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   130.29 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   309.12 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   121.88 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   171.40 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     63.04 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.83 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.28 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.83 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.28 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.83 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.28 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       2.49 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       1.05 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.83 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       0.28 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       4.52 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       2.03 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     46.12 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     11.21 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   589.55 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   150.11 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                1,231.32 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   298.89 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   250.64 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     95.68 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   161.43 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     55.69 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   152.67 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     68.36 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   269.27 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     90.99 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   138.37 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     41.12 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   184.51 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     46.72 Vendor 10553 ‐ LEON GARCIA, MARIA Total: 245.21
Vendor: 2825 ‐ LINCOLN NATIONAL LIFE INS COMPANY
LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     67.72 Vendor 90098 ‐ Leahy, Colleen Total: 41.80
Vendor: 10553 ‐ LEON GARCIA, MARIA
LEON GARCIA, MARIA 161832 Replacement Check                   245.21 Vendor 8904 ‐ LAWSON PRODUCTS INC Total: 796.98
Vendor: 90098 ‐ Leahy, Colleen
Leahy, Colleen 161942 Solar Refund                     41.80 Vendor 3359 ‐ LAVISH THEATERS CORP. Total: 2,975.00
Vendor: 8904 ‐ LAWSON PRODUCTS INC
LAWSON PRODUCTS INC 161715 Shop Supplies                   796.98 LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated 175.00 LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated 125.00 LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated Svcs 800.00 LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated 425.00 LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated 600.00 LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated 350.00 Vendor 3012 ‐ LANDPATHS Total: 1,401.94
Vendor: 3359 ‐ LAVISH THEATERS CORP.

LAVISH THEATERS CORP. 161714 Audio/Visual Training and Other Designated Svcs 500.00 Vendor 7031 ‐ LANDCARE HOLDINGS, INC Total: 6,086.35
Vendor: 3012 ‐ LANDPATHS
LANDPATHS 161860 Management of Fitch Mt & Hbg Ridge  & Open Space 1,401.94 LANDCARE HOLDINGS, INC 161713 Landscape Maintenance ‐ Passalacqua Pump Station 649.00 LANDCARE HOLDINGS, INC 161713 Landscape Maintenance ‐ Healdsburg Ave Zone 3 1,694.35 Vendor: 7031 ‐ LANDCARE HOLDINGS, INC
LANDCARE HOLDINGS, INC 161713 Landscape Maintenance ‐ Roundabout 3,243.00 LANDCARE HOLDINGS, INC 161713 Landscape Maintenance ‐ HCC 500.00

6.C.a
Packet Pg. 86
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) NAPA AUTO PARTS 161718 Shop Supplies                     25.62 NAPA AUTO PARTS 161718 VEH # 149 ‐ Parts and Materials 9.06 NAPA AUTO PARTS 161718 Shop Supplies                     64.94 NAPA AUTO PARTS 161718 VEH # 65 ‐ Parts and Materials 33.96 NAPA AUTO PARTS 161718 VEH # 8 ‐ Parts and Materials 10.05 NAPA AUTO PARTS 161718 VEH # 8 ‐ Parts and Materials 10.05 NAPA AUTO PARTS 161718 VEH # 460 ‐ Parts and Materials 10.83 NAPA AUTO PARTS 161718 VEH # 8 ‐ Parts and Materials 10.05 NAPA AUTO PARTS 161718 VEH # 42 ‐ Parts and Materials 36.42 NAPA AUTO PARTS 161718 VEH # 42 ‐ Parts and Materials 36.42 NAPA AUTO PARTS 161718 VEH # 175 ‐ Parts and Materials 30.67 NAPA AUTO PARTS 161718 VEH # 42 ‐ Parts and Materials 36.42 NAPA AUTO PARTS 161718 VEH # 175 ‐ Parts and Materials 30.67 NAPA AUTO PARTS 161718 VEH # 175 ‐ Parts and Materials 30.74 NAPA AUTO PARTS 161718 VEH # 247 ‐ Parts and Materials (41.58) NAPA AUTO PARTS 161718 VEH # 248 ‐ Parts and Materials 31.44 NAPA AUTO PARTS 161718 Shop Supplies                     33.17 NAPA AUTO PARTS 161718 VEH # 244 ‐ Parts and Materials 23.63 Vendor 6742 ‐ MYRIAD ENGINEERING INC Total: 4,681.67
Vendor: 2267 ‐ NAPA AUTO PARTS
NAPA AUTO PARTS 161718 Gasket Maker                     92.45 Vendor: 6742 ‐ MYRIAD ENGINEERING INC
MYRIAD ENGINEERING INC 161865 Brown Street Sewer and Water Main Replacement 2,340.83 MYRIAD ENGINEERING INC 161865 Brown Street Sewer and Water Main Replacement 2,340.84 Vendor: 10520 ‐ MUNICIPAL RESOURCE GROUP, LLC
MUNICIPAL RESOURCE GROUP, 161944 Facilitate Council's Annual Goal Setting Workshop 12,569.43 Vendor 10520 ‐ MUNICIPAL RESOURCE GROUP, LLC Total: 12,569.43 MIX GARDEN MATERIALS 161864 Landscape Materials                     31.88 Vendor 3286 ‐ MIX GARDEN MATERIALS Total: 79.70
Vendor 6773 ‐ MILLER, SUSAN Total: 285.82
Vendor: 3286 ‐ MIX GARDEN MATERIALS
MIX GARDEN MATERIALS 161864 Landscape Materials                     47.82 Vendor 6101 ‐ MILDE, MATTHEW Total: 1,397.80
Vendor: 6773 ‐ MILLER, SUSAN
MILLER, SUSAN 161717 Solar Refund                   285.82 Vendor: 6101 ‐ MILDE, MATTHEW
MILDE, MATTHEW 161943 CPRS Conference ‐ Per Diem (4/2 ‐ 4/6/23) 230.00 MILDE, MATTHEW 161943 CPRS Conference ‐ Lodging (4/2‐4/6/23) 1,167.80 MIKSIS SERVICE INC 161716 Roof Drain ‐ Removed Leaves and Debris 250.00 Vendor 237 ‐ MIKSIS SERVICE INC Total: 2,490.00
Vendor: 237 ‐ MIKSIS SERVICE INC
MIKSIS SERVICE INC 161788 Repair and Maintenance                1,120.00 MIKSIS SERVICE INC 161788 Repair and Maintenance                1,120.00 Vendor: 10554 ‐ MARTINEZ DE FERNANDEZ, VERONICA
MARTINEZ DE FERNANDEZ, VER161863 Replacement Check                   597.69 Vendor 10554 ‐ MARTINEZ DE FERNANDEZ, VERONICA Total: 597.69 Vendor: 2354 ‐ MAJOR ALARM INC
MAJOR ALARM INC 161862 Fire Alarm Monitoring ‐ Passalacqua Pump Station 30.50 Vendor 2354 ‐ MAJOR ALARM INC Total: 30.50
LINDA RUFFING 161787 Planning Services ‐ Sunstone/Montage Resort 1,400.00 Vendor 5777 ‐ LINDA RUFFING Total: 18,450.00
LINDA RUFFING 161787 Planning Svcs ‐ Montage (Sonoma Luxury Resort) 1,450.00 LINDA RUFFING 161787 Planning Svcs ‐ Saggio Hills Affordable Housing 4,700.00 LINDA RUFFING 161787 Planning Services ‐ Comstock‐North Village 8,650.00 LINDA RUFFING 161787 Planning Services ‐ Mill District (Replay) 1,750.00 Vendor 2825 ‐ LINCOLN NATIONAL LIFE INS COMPANY Total: 8,638.77 Vendor: 5777 ‐ LINDA RUFFING
LINDA RUFFING 161787 Planning Svcs‐Burbank (No Village Aff Housing) 500.00 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     62.17 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     25.01 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   184.49 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     70.19 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   113.00 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     45.04 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   682.81 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   263.65 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       4.61 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                       1.54 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     36.90 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     15.69 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   322.87 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                   140.93 LINCOLN NATIONAL LIFE INS CO161861 May Premiums                     19.89

6.C.a
Packet Pg. 87
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) ONESOURCE DISTRIBUTORS 161723 INSULATOR, GUY‐STRAIN 506, ANSI 54‐3 119.35 ONESOURCE DISTRIBUTORS 161723 LAG, MACHINE GALV, 1/2" X 4" 86.80 Vendor: 3235 ‐ ONESOURCE DISTRIBUTORS
ONESOURCE DISTRIBUTORS 161723 GUARD, LINE, #2 ACSR                     84.09 ONESOURCE DISTRIBUTORS 161723 PREFORM, 7/16" GUY                   257.69 OFFICE DEPOT BUSINESS SERVIC161722 Office Supplies‐Slvr Foil Refills 42.90 Vendor 305 ‐ OFFICE DEPOT BUSINESS SERVICE Total: 1,841.51 OFFICE DEPOT BUSINESS SERVIC161722 Chairmat, Correction Tape                       5.26 OFFICE DEPOT BUSINESS SERVIC161722 Chairmat, Correction Tape                     41.13 OFFICE DEPOT BUSINESS SERVIC161722 Chairmat, Correction Tape                       5.28 OFFICE DEPOT BUSINESS SERVIC161722 Chairmat, Correction Tape                       5.28 OFFICE DEPOT BUSINESS SERVIC161869 Office Supplies ‐ Credit                    (94.63) OFFICE DEPOT BUSINESS SERVIC161869 Batteries ‐ USB Attach ‐ Privacy Filter 421.58 OFFICE DEPOT BUSINESS SERVIC161722 Office Supplies                     69.85 OFFICE DEPOT BUSINESS SERVIC161722 Office Supplies ‐ Stamp                     50.12 OFFICE DEPOT BUSINESS SERVIC161869 Department Supplies ‐ Paper 101.76 OFFICE DEPOT BUSINESS SERVIC161869 Office Supplies                     94.63 OFFICE DEPOT BUSINESS SERVIC161946 Calendar                     34.87 OFFICE DEPOT BUSINESS SERVIC161946 Paper ‐ Plate ‐ Spoon                   214.96 OFFICE DEPOT BUSINESS SERVIC161946 Paper ‐ Labels ‐ Pouch ‐ Holders 307.81 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies ‐ Wireless Mouse 29.96 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.52 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.52 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.53 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.32 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     25.48 OFFICE DEPOT BUSINESS SERVIC161722 Office Supplies                     56.58 OFFICE DEPOT BUSINESS SERVIC161792 Storage Boxes                       6.17 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                   123.93 OFFICE DEPOT BUSINESS SERVIC161792 Storage Boxes                       6.17 OFFICE DEPOT BUSINESS SERVIC161792 Storage Boxes                       6.17 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.07 OFFICE DEPOT BUSINESS SERVIC161792 Storage Boxes                       6.17 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.07 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.07 OFFICE DEPOT BUSINESS SERVIC161946 Dry Erase Grip Makers                       6.75 OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     13.06 OFFICE DEPOT BUSINESS SERVIC161946 Paper ‐ Binder ‐ Tape ‐ Index Pkts 119.46 OFFICE DEPOT BUSINESS SERVIC161946 Markers Exp02 Fine ‐ 4ct                       9.25 Vendor: 305 ‐ OFFICE DEPOT BUSINESS SERVICE
OFFICE DEPOT BUSINESS SERVIC161792 Office Supplies                     18.21 OFFICE DEPOT BUSINESS SERVIC161946 Protector                     20.25 Vendor: 2526 ‐ NORTHWEST LINEMAN COLLEGE
NORTHWEST LINEMAN COLLEG161791 Lineman College Tuition ‐ C DeForge ‐ Year 3 3,757.05 Vendor 2526 ‐ NORTHWEST LINEMAN COLLEGE Total: 3,757.05 Vendor: 8712 ‐ NORTH BAY EQUIPMENT SERVICE & SALES INC
NORTH BAY EQUIPMENT SERVIC161868 FILTER 10‐20 MICRON                     38.80 Vendor 8712 ‐ NORTH BAY EQUIPMENT SERVICE & SALES INC Total: 38.80 Vendor: 10136 ‐ NORMAN, RICHARD AND BARBARA
NORMAN, RICHARD AND BARBA161945 Solar Refund                     40.34 Vendor 10136 ‐ NORMAN, RICHARD AND BARBARA Total: 40.34 Vendor: 3173 ‐ NOR CAL COMPLIANCE INC
NOR CAL COMPLIANCE INC 161721 UST Visual Checklist Inspection 85.00 Vendor 3173 ‐ NOR CAL COMPLIANCE INC Total: 85.00
NICK BARBIERI TRUCKING LLC 161720 Diesel Fuel                1,264.18 Vendor 3391 ‐ NICK BARBIERI TRUCKING LLC Total: 1,413.76 Vendor 3673 ‐ NEW YORK LIFE INSURANCE CO Total: 359.82
Vendor: 3391 ‐ NICK BARBIERI TRUCKING LLC
NICK BARBIERI TRUCKING LLC 161790 Lubricant for Equipment Servicing at WRF 149.58 Vendor 8859 ‐ NELSON, GREGORY Total: 616.00
Vendor: 3673 ‐ NEW YORK LIFE INSURANCE CO
NEW YORK LIFE INSURANCE CO 161867 March Monthly Premium S40970 359.82 Vendor 2267 ‐ NAPA AUTO PARTS Total: 890.49
Vendor: 8859 ‐ NELSON, GREGORY
NELSON, GREGORY 161719 Instructor Payment                   616.00 NAPA AUTO PARTS 161866 VEH#121 ‐ Parts and Materials 68.69 NAPA AUTO PARTS 161866 VEH#45 ‐ Parts and Materials                       3.14 NAPA AUTO PARTS 161866 VEH#6 ‐ Parts and Materials                     50.39 NAPA AUTO PARTS 161866 VEH#45 Parts and Materials                     38.98 NAPA AUTO PARTS 161789 VEH # 151 ‐ Parts and Materials 143.76 NAPA AUTO PARTS 161866 VEH# 433 Parts and Materials 52.40 NAPA AUTO PARTS 161718 VEH # 149 ‐ Parts and Materials 9.06 NAPA AUTO PARTS 161718 VEH # 149 ‐ Parts and Materials 9.06

6.C.a
Packet Pg. 88
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor: 3579 ‐ PETRUSHA ENTERPRISES INC
PETRUSHA ENTERPRISES INC 161729 Fire Dept Alarm Monitoring Svcs FY 22/23 188.91 PETRUSHA ENTERPRISES INC 161729 Fire Dept FY 22/23                   827.01 Vendor: 9374 ‐ Petrik, Daniel
Petrik, Daniel 161948 Conservation Rebate‐Smart Thermostat 50.00 Vendor 9374 ‐ Petrik, Daniel Total: 50.00
PETERSON TRUCKS, INC. 161795 Parts and Materials VEH # 6361 122.60 Vendor 223 ‐ PETERSON TRUCKS, INC. Total: 1,116.69
PETERSON TRUCKS, INC. 161728 VEH # 175 ‐ Parts and Materials 187.88 PETERSON TRUCKS, INC. 161728 VEH # 175 ‐ Parts and Materials 187.88 PETERSON TRUCKS, INC. 161728 VEH # 175 Parts and Materials 60.19 PETERSON TRUCKS, INC. 161728 VEH # 175 ‐ Parts and Materials 187.88 PETERSON TRUCKS, INC. 161728 VEH # 175 Parts and Materials 60.00 PETERSON TRUCKS, INC. 161728 VEH # 175 Parts and Materials 60.00 PETERSON TRUCKS, INC. 161728 VEH # 158 Parts and Materials 83.42 PETERSON TRUCKS, INC. 161728 VEH # 158 Parts and Materials 83.42 Vendor 956 ‐ PETERSON POWER SYSTEMS, INC Total: 1,648.14 Vendor: 223 ‐ PETERSON TRUCKS, INC.

PETERSON TRUCKS, INC. 161728 VEH # 158 Parts and Materials 83.42 PETERSON POWER SYSTEMS, IN161794 VEH # 174 Parts and Materials 21.28 PETERSON POWER SYSTEMS, IN161794 VEH # 174 Parts and Materials 21.29 PETERSON POWER SYSTEMS, IN161794 Passalacqua Pump Station                   527.62 PETERSON POWER SYSTEMS, IN161794 VEH # 174 Parts and Materials 21.28 PETERSON POWER SYSTEMS, IN161794 VEH # 175 Parts and Materials 187.88 PETERSON POWER SYSTEMS, IN161794 VEH # 175 Parts and Materials 187.88 PETERSON POWER SYSTEMS, IN161794 VEH # 175 Parts and Materials 60.07 PETERSON POWER SYSTEMS, IN161794 VEH # 175 Parts and Materials 187.88 PETERSON POWER SYSTEMS, IN161794 VEH # 175 Parts and Materials 60.06 PETERSON POWER SYSTEMS, IN161794 VEH # 175 Parts and Materials 60.06 PETERSON POWER SYSTEMS, IN161794 VEH # 158 Parts and Materials 83.42 PETERSON POWER SYSTEMS, IN161794 VEH # 158 Parts and Materials 83.42 PETERSON POWER SYSTEMS, IN161794 VEH # 158 Parts and Materials 20.86 PETERSON POWER SYSTEMS, IN161794 VEH # 158 Parts and Materials 83.42 Vendor: 956 ‐ PETERSON POWER SYSTEMS, INC
PETERSON POWER SYSTEMS, IN161794 VEH # 158 Parts and Materials 20.86 PETERSON POWER SYSTEMS, IN161794 VEH # 158 Parts and Materials 20.86 PATRICIA ANNE ROBARTS 161727 Onsite Dining Program at Senior Center 9,760.00 Vendor 10112 ‐ PATRICIA ANNE ROBARTS Total: 10,371.00
Vendor 2394 ‐ PARKPOINT CLUBS Total: 775.80
Vendor: 10112 ‐ PATRICIA ANNE ROBARTS
PATRICIA ANNE ROBARTS 161727 Onsite Dining Program at Senior Center 611.00 Vendor 90371 ‐ Parker, Linda Total: 289.50
Vendor: 2394 ‐ PARKPOINT CLUBS
PARKPOINT CLUBS 161726 April Dues                   775.80 Vendor 3885 ‐ PACIFIC LIFT & EQUIPMENT CO INC Total: 1,725.59 Vendor: 90371 ‐ Parker, Linda
Parker, Linda 161947 Conservation Rebate‐Window Replacement 289.50 Vendor: 3885 ‐ PACIFIC LIFT & EQUIPMENT CO INC
PACIFIC LIFT & EQUIPMENT CO 161725 Lift Inspection and Repairs                   848.11 PACIFIC LIFT & EQUIPMENT CO 161725 Shop ‐ Parts and Materials                   877.48 PACE SUPPLY CORP 161793 Repair and Maintenance                   279.04 Vendor 218 ‐ PACE SUPPLY CORP Total: 5,042.34
Vendor: 218 ‐ PACE SUPPLY CORP
PACE SUPPLY CORP 161793 Repair Clamp ‐ Ford                   250.70 PACE SUPPLY CORP 161793 Fire Hydrant                4,512.60 Vendor: 10424 ‐ OPPENHEIMER INVESTIGATIONS GROUP LLP
OPPENHEIMER INVESTIGATION 161870 Investigation Services                2,307.50 Vendor 10424 ‐ OPPENHEIMER INVESTIGATIONS GROUP LLP Total: 2,307.50 Vendor: 6258 ‐ OPEN TEXT INC
OPEN TEXT INC 161724 Hightail File Sharing 3/10/23‐1/24/24 1,400.00 Vendor 6258 ‐ OPEN TEXT INC Total: 1,400.00
ONESOURCE DISTRIBUTORS 161723 GUARD, LINE, #4 ACSR                     75.95 Vendor 3235 ‐ ONESOURCE DISTRIBUTORS Total: 2,675.18
ONESOURCE DISTRIBUTORS 161723 TAPE, MARKING, WHITE, 3/4" X 66' 124.78 ONESOURCE DISTRIBUTORS 161723 CABLE LUBE, 2.5 GAL JUG                   149.88 ONESOURCE DISTRIBUTORS 161723 COVER, BOLT, Regular                   219.71 ONESOURCE DISTRIBUTORS 161723 Anchor Twin PISA                   657.51 ONESOURCE DISTRIBUTORS 161723 BOLTS, MACHINE GALV, 5/8" X 16" 154.61 ONESOURCE DISTRIBUTORS 161723 CABLE LUBE, 2.5 GAL JUG                   449.68 ONESOURCE DISTRIBUTORS 161723 BEND, 3/4", 90 STD RAD, SCH 40, W/BELL END 22.79 ONESOURCE DISTRIBUTORS 161723 HEAD GUY FIXTURE, 5/8"                     87.89 ONESOURCE DISTRIBUTORS 161723 CONNECTOR, H‐BLOCK, 2/0 STR ‐ 2/0 STR    #4 62.39 ONESOURCE DISTRIBUTORS 161723 CARTRIDGES, YELLOW                   122.06

6.C.a
Packet Pg. 89
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor 90960 ‐ PHILIP J. LUKS Total: 400.00
Vendor: 1731 ‐ PLAZA PAINTS
PLAZA PAINTS 161730 BM Color Sample‐Senior Center 14.88 Vendor 5024 ‐ PG&E 8817729260‐9 Total: 1,194.52
Vendor: 90960 ‐ PHILIP J. LUKS
PHILIP J. LUKS 161950 Conservation Rebate‐E‐Bike Rebate 400.00 Vendor: 5024 ‐ PG&E 8817729260‐9
PG&E 8817729260‐9 161803 Utility Services 2/03/‐23 ‐ 3/06/23 788.56 PG&E 8817729260‐9 161873 Utility Services 03/07/23‐04/04/23 405.96 PG&E 7797197419‐9 161802 Utility Services 2/22/23 ‐ 3/23/23 8.11 Vendor 5014 ‐ PG&E 7797197419‐9 Total: 16.49
Vendor 5029 ‐ PG&E 6199695781‐9 Total: 1,709.08
Vendor: 5014 ‐ PG&E 7797197419‐9
PG&E 7797197419‐9 161802 Utility Services 1/22/23 ‐ 2/21/23 8.38 PG&E 6199695781‐9 161801 Utility Services 2/22/23 ‐ 3/22/23 1,158.21 PG&E 6199695781‐9 161801 Utility Services 2/22/23 ‐ 3/22/23 14.21 Vendor 5015 ‐ PG&E 5213843391‐8 Total: 786.35
Vendor: 5029 ‐ PG&E 6199695781‐9
PG&E 6199695781‐9 161801 Utility Services 2/22/23 ‐ 3/22/23 536.66 Vendor: 5015 ‐ PG&E 5213843391‐8
PG&E 5213843391‐8 161800 Utility Services 1/21/23 ‐ 2/21/23 460.41 PG&E 5213843391‐8 161800 Utility Services 2/22/23 ‐ 3/23/23 325.94 Vendor: 5018 ‐ PG&E 4797955107‐5
PG&E 4797955107‐5 161799 Phone and Data Services ‐ 2/03/23 ‐ 3/05/23 1,912.05 Vendor 5018 ‐ PG&E 4797955107‐5 Total: 1,912.05
PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 0.79 Vendor 5017 ‐ PG&E 4339460138‐9 Total: 16.49
PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 0.39 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 0.63 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 0.78 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 0.63 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 1.74 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 1.13 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 1.12 PG&E 4339460138‐9 161872 Utility Services 03/07/23‐04/04/23 0.63 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 0.69 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 0.86 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 0.69 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 0.43 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 1.25 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 0.87 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 0.69 PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 1.93 Vendor 5020 ‐ PG&E 3956927071‐1 Total: 1,767.17
Vendor: 5017 ‐ PG&E 4339460138‐9
PG&E 4339460138‐9 161798 Utility Services 2/03/23 ‐ 3/06/23 1.24 Vendor 5010 ‐ PG&E 0693839810‐1 Total: 594.33
Vendor: 5020 ‐ PG&E 3956927071‐1
PG&E 3956927071‐1 161797 Utility Service 2/04/23 ‐ 3/07/23 1,767.17 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 79.58 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 11.36 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 2.14 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 0.68 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 0.68 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 1.05 PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 18.35 PG&E 0693839810‐1 161871 Utility Services 03/08/23‐04/05/23 131.87 PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 1.10 PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 128.44 PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 1.69 PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 3.45 Vendor: 5010 ‐ PG&E 0693839810‐1
PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 212.84 PG&E 0693839810‐1 161796 Utility Services 2/07/23 ‐ 3/07/23 1.10 Vendor: 5060 ‐ PG&E 0144863355‐0
PG&E 0144863355‐0 161949 Utility Service 02/21/23‐03/21/23 391.80 Vendor 5060 ‐ PG&E 0144863355‐0 Total: 391.80
PETRUSHA ENTERPRISES INC 161729 Alarm Monitoring/Test and Inspection‐CC 360.00 Vendor 3579 ‐ PETRUSHA ENTERPRISES INC Total: 2,480.88
PETRUSHA ENTERPRISES INC 161729 City Hall Alarm Monitoring Svcs FY 22/23 70.50 PETRUSHA ENTERPRISES INC 161729 Villa Monitoring Services FY 22/23 226.50 PETRUSHA ENTERPRISES INC 161729 Public Works O&M Alarm Monitoring Svcs FY 22/23 70.50 PETRUSHA ENTERPRISES INC 161729 Public Works O&M FY 22/23 737.46

6.C.a
Packet Pg. 90
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) SANDERSON FORD 161736 VEH # 248 ‐ Repair and Maintenance 94.18 SANDERSON FORD 161736 VEH # 247 ‐ Repair and Maintenance 245.83 SANDERSON FORD 161736 VEH # 248 ‐ Repair and Maintenance (17.44) SANDERSON FORD 161736 VEH # 247 ‐ Repair and Maintenance 150.19 SANDERSON FORD 161736 VEH # 249 ‐ Repair and Maintenance 1,134.60 SANDERSON FORD 161736 VEH # 248 ‐ Repair and Maintenance 167.82 SANDERSON FORD 161736 VEH # 249 ‐ Repair and Maintenance (82.80) SANDERSON FORD 161736 VEH # 249 ‐ Repair and Maintenance 82.20 SANDERSON FORD 161736 VEH # 249 ‐ Repair and Maintenance 8.58 Vendor: 255 ‐ SANDERSON FORD
SANDERSON FORD 161736 VEH # 461 ‐ Repair and Maintenance 45.04 SANDERSON FORD 161736 VEH # 432 ‐ Repair and Maintenance 377.56 SAFETY‐KLEEN SYSTEMS INC 161807 Shop Supplies                     70.00 Vendor 1729 ‐ SAFETY‐KLEEN SYSTEMS INC Total: 308.00
Vendor 10546 ‐ SACRAMENTO ELECTRONIC SUPPLY CO INC Total: 4,357.82 Vendor: 1729 ‐ SAFETY‐KLEEN SYSTEMS INC
SAFETY‐KLEEN SYSTEMS INC 161735 Shop Supplies                   238.00 Vendor 3276 ‐ ROBERTS MECHANICAL & ELECTRICAL INC Total: 8,041.35 Vendor: 10546 ‐ SACRAMENTO ELECTRONIC SUPPLY CO INC
SACRAMENTO ELECTRONIC SUP161957 AV Equipment Matrix Switcher 4,357.82 Vendor: 3276 ‐ ROBERTS MECHANICAL & ELECTRICAL INC
ROBERTS MECHANICAL & ELECT161734 #20000(B)  Garage Suspended Heater Replacement 7,082.10 ROBERTS MECHANICAL & ELECT161734 #20167 Repair northwest suspended heater in 959.25 Vendor: 10400 ‐ RINCON CONSULTANTS INC
RINCON CONSULTANTS INC 161876 Climate Strategy 2022‐23 21,603.25 Vendor 10400 ‐ RINCON CONSULTANTS INC Total: 21,603.25
Vendor: 90957 ‐ Rethmeier, Dawn
Rethmeier, Dawn 161956 Utility Refund                   175.89 Vendor 90957 ‐ Rethmeier, Dawn Total: 175.89
Vendor: 4108 ‐ REPUBLIC SERVICES OF SONOMA COUNTY
REPUBLIC SERVICES OF SONOM161875 Disposal Services ‐ Y1                   215.84 Vendor 4108 ‐ REPUBLIC SERVICES OF SONOMA COUNTY Total: 215.84 REMIF 161955 May Premiums                1,801.80
Vendor 245 ‐ REMIF Total: 65,540.57
REMIF 161955 May Premiums             41,506.00
REMIF 161955 May Premiums             19,702.68
REMIF 161806 Legacy Work Comp 7/1/22 ‐ 12/31/22 25.83
REMIF 161806 Legacy Work Comp 7/1/22 ‐ 12/31/22 6.46
REMIF 161806 Legacy Work Comp 7/1/22 ‐ 12/31/22 6.45
REMIF 161806 Legacy Work Comp 7/1/22 ‐ 12/31/22 25.83
Vendor 1546 ‐ RELX.INC Total: 808.00
Vendor: 245 ‐ REMIF
REMIF 161806 Legacy Work Comp 7/1/22 ‐ 12/31/22 2,465.52 Vendor: 1546 ‐ RELX.INC
RELX.INC 161954 Monthly Subscription Fee                   404.00 RELX.INC 161874 Electric Field Modems                   404.00 RECOLOGY SONOMA MARIN 161733 WWTP Biosolids Hauling and Disposal 10,210.44 Vendor 8418 ‐ RECOLOGY SONOMA MARIN Total: 49,350.46
RECOLOGY SONOMA MARIN 161733 WWTP Biosolids Hauling and Disposal 5,105.22 RECOLOGY SONOMA MARIN 161733 WWTP Biosolids Hauling and Disposal 8,508.70 Vendor: 8418 ‐ RECOLOGY SONOMA MARIN
RECOLOGY SONOMA MARIN 161733 WWTP Biosolids Hauling and Disposal 17,017.40 RECOLOGY SONOMA MARIN 161733 WWTP Biosolids Hauling and Disposal 8,508.70 REACH FOR HOME 161805 Case Management and Outreach Services 17,651.80 Vendor 5181 ‐ REACH FOR HOME Total: 78,763.46
Vendor 10193 ‐ RANEY PLANNING & MANAGMENT INC Total: 262.50 Vendor: 5181 ‐ REACH FOR HOME
REACH FOR HOME 161732 Lease Funding & Service Agreement‐April Prepayment 61,111.66 Vendor 2615 ‐ QUADIENT, INC Total: 856.78
Vendor: 10193 ‐ RANEY PLANNING & MANAGMENT INC
RANEY PLANNING & MANAGME161953 Preparation to the Montage Community Park Proj 262.50 Vendor: 2615 ‐ QUADIENT, INC
QUADIENT, INC 161731 Equipment Lease 1/15/23‐4/14/23 449.58 QUADIENT, INC 161952 Equipment Lease 05/14/23‐08/13/23 407.20 Vendor: 3940 ‐ PRUNUSKE CHATHAM, INC
PRUNUSKE CHATHAM, INC 161804 Bidding Support Services                6,702.25 Vendor 3940 ‐ PRUNUSKE CHATHAM, INC Total: 6,702.25
Vendor: 6957 ‐ POGUE, STEPHEN CHARLES
POGUE, STEPHEN CHARLES 161951 Solar Refund                   198.79 Vendor 6957 ‐ POGUE, STEPHEN CHARLES Total: 198.79
PLAZA PAINTS 161730 BM Color Sample‐Senior Center 6.53
Vendor 1731 ‐ PLAZA PAINTS Total: 21.41

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Packet Pg. 91
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor: 2743 ‐ ST PAUL'S EPISCOPAL CHURCH
ST PAUL'S EPISCOPAL CHURCH 161740 Shower Services                2,184.15 SOUTHERN TIRE MART LLC 161739 Tires                1,566.95 Vendor 10375 ‐ SOUTHERN TIRE MART LLC Total: 473.11
Vendor 3728 ‐ SONOMA MEDIA INVESTMENTS Total: 8,434.00
Vendor: 10375 ‐ SOUTHERN TIRE MART LLC
SOUTHERN TIRE MART LLC 161739 Tires Return              (1,093.84) SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 679.00 SONOMA MEDIA INVESTMENTS161963 Notice ‐ Found Ring                   103.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 1,077.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 504.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 439.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 1,362.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 343.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ February 2023 319.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ January 2023 1,008.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ January 2023 1,022.00 Vendor: 3728 ‐ SONOMA MEDIA INVESTMENTS
SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ January 2023 511.00 SONOMA MEDIA INVESTMENTS161738 Public Notices ‐ January 2023 1,067.00 SONOMA COUNTY TRANSIT 161737 Fare Program October ‐ December 2022 2,666.50 Vendor 1231 ‐ SONOMA COUNTY TRANSIT Total: 5,384.25
Vendor 2602 ‐ SONOMA COUNTY LAW ENFORCEMENT Total: 200.00 Vendor: 1231 ‐ SONOMA COUNTY TRANSIT
SONOMA COUNTY TRANSIT 161737 Fare Free Program July ‐ September 2022 2,717.75 Vendor 921 ‐ SONOMA COUNTY FIRE CHIEFS ASSOC Total: 5,400.00 Vendor: 2602 ‐ SONOMA COUNTY LAW ENFORCEMENT
SONOMA COUNTY LAW ENFOR 161962 Annual Membership                   200.00 Vendor 10431 ‐ SMARTSAFETY SOFTWARE INC Total: 99.00
Vendor: 921 ‐ SONOMA COUNTY FIRE CHIEFS ASSOC
SONOMA COUNTY FIRE CHIEFS 161813 2023 Membership & Dues 5,400.00 Vendor 6794 ‐ SIERRA OFFICE SYSTEMS AND PRODUCTS INC Total: 68.66 Vendor: 10431 ‐ SMARTSAFETY SOFTWARE INC
SMARTSAFETY SOFTWARE INC 161961 Easy Street Draw Maint. 4/22/23‐4/21/24 99.00 Vendor 4011 ‐ SHRED‐IT USA LLC Total: 130.86
Vendor: 6794 ‐ SIERRA OFFICE SYSTEMS AND PRODUCTS INC
SIERRA OFFICE SYSTEMS AND P 161812 Office Supplies ‐ Paper                     68.66 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 3.27 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 3.27 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 3.27 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 3.27 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 3.27 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 3.28 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 22.90 SHRED‐IT USA LLC 161960 Shredding and Records Destruction ‐ City Hall 22.90 Vendor 3616 ‐ SESAC INC Total: 41.20
Vendor: 4011 ‐ SHRED‐IT USA LLC
SHRED‐IT USA LLC 161811 Shredding and Records Destruction 65.43 Vendor 1468 ‐ SECRETARY FOR ENVIRONMENTAL PROTECT Total: 336.00 Vendor: 3616 ‐ SESAC INC
SESAC INC 161878 Annual License 01/01/23‐12/31/23 41.20 Vendor 4148 ‐ SCOTT'S PPE RECON INC. Total: 618.80
Vendor: 1468 ‐ SECRETARY FOR ENVIRONMENTAL PROTECT
SECRETARY FOR ENVIRONMENT161810 CUPA 2022 Billing ‐ Collected as of 10/25/22 336.00 Vendor 3642 ‐ SCHUNK, BRYAN Total: 111.00
Vendor: 4148 ‐ SCOTT'S PPE RECON INC.

SCOTT'S PPE RECON INC. 161809 Repairs ‐ Turnout Inspections Jan ‐ March 2023 618.80 Vendor 90966 ‐ Schultz, Leslie Total: 36.51
Vendor: 3642 ‐ SCHUNK, BRYAN
SCHUNK, BRYAN 161808 NWPPA Conference ‐ Per Diem Travel 111.00 Vendor 3084 ‐ SBI Total: 509.19
Vendor: 90966 ‐ Schultz, Leslie
Schultz, Leslie 161959 Utility Refund                     36.51 SBI 161877 Muldgredwdbulk                   195.84
SBI 161958 Shredded Redwood ‐ 6 Yards 235.02
Vendor 255 ‐ SANDERSON FORD Total: 2,645.23
Vendor: 3084 ‐ SBI
SBI 161958 Nitro Sawdust 2Yards                     78.33 SANDERSON FORD 161736 VEH # 141 ‐ Repair and Maintenance 107.43 SANDERSON FORD 161736 VEH # 141 ‐ Repair and Maintenance 237.04 SANDERSON FORD 161736 VEH # 461 ‐ Repair and Maintenance 95.00

6.C.a
Packet Pg. 92
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) U.S. BANK‐CAL CARDS 161818 Online Training CA‐NV AWWA ‐ Credit (235.00) U.S. BANK‐CAL CARDS 161818 Training ‐ Distribution System Review 109.95 U.S. BANK‐CAL CARDS 161818 Electric Bike ‐ Earth Day Expo 2,258.84 U.S. BANK‐CAL CARDS 161818 Online Training ‐ AYPO                   106.25 U.S. BANK‐CAL CARDS 161818 Surveillance Cameras                   558.04 U.S. BANK‐CAL CARDS 161818 Design Subscription ‐ Canva                     12.99 U.S. BANK‐CAL CARDS 161818 Business Cards (L1)                     38.14 U.S. BANK‐CAL CARDS 161818 Surveillance Cameras Subscription 339.82 U.S. BANK‐CAL CARDS 161818 Business Cards                     38.14 U.S. BANK‐CAL CARDS 161818 Business Cards ‐ Return                    (38.14) U.S. BANK‐CAL CARDS 161818 EMT Renewal‐Boaz                   117.00 U.S. BANK‐CAL CARDS 161818 CA Police Chiefs Association Training ‐ Hotel 1,027.20 U.S. BANK‐CAL CARDS 161818 Meter Disconnect Sleeves                   121.32 U.S. BANK‐CAL CARDS 161818 Repair of Voltage Recorder                     74.11 U.S. BANK‐CAL CARDS 161818 Amazon Prime Membership ‐ Charged in Error 16.34 U.S. BANK‐CAL CARDS 161818 iPhone Case and Charger                     33.64 U.S. BANK‐CAL CARDS 161818 Refund 4 LED Lights                    (64.00) U.S. BANK‐CAL CARDS 161818 Refund 4 LED Lights                    (64.00) U.S. BANK‐CAL CARDS 161818 1 Locking Plug Connector                     30.35 U.S. BANK‐CAL CARDS 161818 6 Mil Clear Poly Sheeting                   160.58 U.S. BANK‐CAL CARDS 161818 8 Ft LED Lights                   130.18 U.S. BANK‐CAL CARDS 161818 2 Urinal Rebuild Kit                     53.90 U.S. BANK‐CAL CARDS 161818 Pedestal Roller Stand & Planer Blades 143.71 U.S. BANK‐CAL CARDS 161818 5 Locking Plug Connectors                   143.40 U.S. BANK‐CAL CARDS 161818 CWEA Association Membership 202.00 U.S. BANK‐CAL CARDS 161818 8 Ft LED Lights                   151.79 Vendor 3206 ‐ U.S. BANK Total: 2,306.00
Vendor: 2842 ‐ U.S. BANK‐CAL CARDS
U.S. BANK‐CAL CARDS 161818 Coffee Supplies                     82.67 Vendor 8426 ‐ TRAVE, CECILIA Total: 232.14
Vendor: 3206 ‐ U.S. BANK
U.S. BANK 161817 Custodial Account Bank Fees Dec 2022‐Feb 2023 2,306.00 Vendor 8901 ‐ THOMPSONGAS, LLC Total: 131.83
Vendor: 8426 ‐ TRAVE, CECILIA
TRAVE, CECILIA 161965 Solar Refund                   232.14 Vendor 1503 ‐ THE ED JONES CO INC Total: 602.69
Vendor: 8901 ‐ THOMPSONGAS, LLC
THOMPSONGAS, LLC 161816 Shop Supplies                   131.83 Vendor 6555 ‐ TEVENDALE, MOTOKO Total: 57.06
Vendor: 1503 ‐ THE ED JONES CO INC
THE ED JONES CO INC 161815 PD Badge and ID Case                   602.69 TEVENDALE, MOTOKO 161882 Building Blocks Program Supplies 13.47 TEVENDALE, MOTOKO 161882 Building Blocks Program Supplies 14.99 TEVENDALE, MOTOKO 161882 Building Blocks Program Supplies 2.70 TEVENDALE, MOTOKO 161882 Building Blocks Program Supplies 7.97 Vendor 3406 ‐ T & T VALVE AND INSTRUMENT INC Total: 217.96 Vendor: 6555 ‐ TEVENDALE, MOTOKO
TEVENDALE, MOTOKO 161882 Building Blocks Program Supplies 17.93 Vendor 287 ‐ SWRCB Total: 5,988.00
Vendor: 3406 ‐ T & T VALVE AND INSTRUMENT INC
T & T VALVE AND INSTRUMENT 161814 Seal and Bearing Kit for 92‐1190 217.96 SWRCB 161964 Environmental Laboratory Accreditation Program 2,125.00 SWRCB 161964 Environmental Laboratory Accreditation Program 2,125.00 Vendor 4191 ‐ SUTTER HEALTH PLUS Total: 64,552.50
Vendor: 287 ‐ SWRCB
SWRCB 161881 Annual Permit Fee 04/01/2023 ‐ 03/31/2024 1,738.00 Vendor 5151 ‐ SUPPORT OUR STUDENTS Total: 2,798.21
Vendor: 4191 ‐ SUTTER HEALTH PLUS
SUTTER HEALTH PLUS 161880 May Premiums             64,552.50 Vendor 8477 ‐ STURMFELS, ANDREW Total: 375.85
Vendor: 5151 ‐ SUPPORT OUR STUDENTS
SUPPORT OUR STUDENTS 161879 Youth Services through Hbg Family Youth Services 2,798.21 STURMFELS, ANDREW 161741 Rotary Membership ‐ December 2022 175.00 STURMFELS, ANDREW 161741 Rotary Membership ‐ March 2023 150.00 Vendor 427 ‐ STATE OF CALIFORNIA ‐ EDD Total: 77,388.02 Vendor: 8477 ‐ STURMFELS, ANDREW
STURMFELS, ANDREW 161741 Coffee for Business Comm Mtg 50.85 STATE OF CALIFORNIA ‐ EDD DFT0008255 State Income Tax W/H             32,959.54 STATE OF CALIFORNIA ‐ EDD DFT0008257 State Disability Ins                6,300.47 Vendor: 427 ‐ STATE OF CALIFORNIA ‐ EDD
STATE OF CALIFORNIA ‐ EDD DFT0008219 State Income Tax W/H             31,941.59 STATE OF CALIFORNIA ‐ EDD DFT0008221 State Disability Ins                6,186.42 Vendor 2743 ‐ ST PAUL'S EPISCOPAL CHURCH Total: 2,184.15

6.C.a
Packet Pg. 93
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) U.S. BANK‐CAL CARDS 161818 St Patrick's Decorations                     17.26 U.S. BANK‐CAL CARDS 161818 Dispatch Training                   447.00 U.S. BANK‐CAL CARDS 161818 Business Cards                     88.31 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Office Mat 107.91 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Post Its                     16.06 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Expanding Folder 16.34 U.S. BANK‐CAL CARDS 161818 Construction Paper                     72.50 U.S. BANK‐CAL CARDS 161818 ECE ‐ Goodie Bags                     57.56 U.S. BANK‐CAL CARDS 161818 Camp Supplies ‐ Plates, Bowls and Utensils 193.63 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Calendar                     29.39 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Calendar                     22.32 U.S. BANK‐CAL CARDS 161818 ECE ‐ Stickers & Coloring Books 17.67 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Staples                     25.62 U.S. BANK‐CAL CARDS 161818 ECE ‐ Stickers & Coloring Books 64.98 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Ink                       8.67 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Monitor Riser 28.33 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Binders                     20.50 U.S. BANK‐CAL CARDS 161818 Office Supplies ‐ Staples                       5.44 U.S. BANK‐CAL CARDS 161818 Wildland Boots ‐ New Reserve (2 pairs) 722.50 U.S. BANK‐CAL CARDS 161818 P/R Commission Recognition 180.00 U.S. BANK‐CAL CARDS 161818 Strike Team Monterey County ‐ Ice for Engine 3.76 U.S. BANK‐CAL CARDS 161818 Wildland Boots ‐ New Reserves 370.91 U.S. BANK‐CAL CARDS 161818 St. Patrick's Day Parade Decor 28.31 U.S. BANK‐CAL CARDS 161818 Strike Team Monterey County ‐ Ice for Engine 3.76 U.S. BANK‐CAL CARDS 161818 Spring Break Camp Supplies                     20.57 U.S. BANK‐CAL CARDS 161818 Leak Repair Equipment                     45.71 U.S. BANK‐CAL CARDS 161818 Camp Art & Craft Supplies                     27.19 U.S. BANK‐CAL CARDS 161818 Spring Break Camp Supplies                     57.24 U.S. BANK‐CAL CARDS 161818 THS After School Program Snack 499.08 U.S. BANK‐CAL CARDS 161818 Tarp for Pod Leak                     19.61 U.S. BANK‐CAL CARDS 161818 Marketing Subscription ‐ Canva 12.99 U.S. BANK‐CAL CARDS 161818 Plastic Storage Bins ‐ Rec Equipment 145.15 U.S. BANK‐CAL CARDS 161818 Evidence Bags                   104.46 U.S. BANK‐CAL CARDS 161818 AED Pads                   147.16 U.S. BANK‐CAL CARDS 161818 Hand Lotion for Livescan                       6.33 U.S. BANK‐CAL CARDS 161818 Evidence Bags                     80.12 U.S. BANK‐CAL CARDS 161818 UPS Shipping                     35.05 U.S. BANK‐CAL CARDS 161818 Plastic Zip Ties                     23.35 U.S. BANK‐CAL CARDS 161818 Medical Gloves                   172.48 U.S. BANK‐CAL CARDS 161818 UPS Shipping                       9.22 U.S. BANK‐CAL CARDS 161818 Generac Exerciser for Senior Center Generator 484.66 U.S. BANK‐CAL CARDS 161818 Class Registration ‐ First In: WUI Ops 95.00 U.S. BANK‐CAL CARDS 161818 EV Charging                       2.50 U.S. BANK‐CAL CARDS 161818 EV Charging                       7.50 U.S. BANK‐CAL CARDS 161818 Parking Fee ‐ Park Planning Meeting 20.00 U.S. BANK‐CAL CARDS 161818 CPRS Conference Registration 575.00 U.S. BANK‐CAL CARDS 161818 CPRS Conference Flight                   438.00 U.S. BANK‐CAL CARDS 161818 CPRS Membership Renewal 150.00 U.S. BANK‐CAL CARDS 161818 Fire Rescue Safety Blades                   364.25 U.S. BANK‐CAL CARDS 161818 Program Supplies: Spring Break Camp Food 425.95 U.S. BANK‐CAL CARDS 161818 Fuel ‐ Strike Team HEA Engine 6361 63.12 U.S. BANK‐CAL CARDS 161818 2 Beartrap Lights                   358.23 U.S. BANK‐CAL CARDS 161818 Fuel ‐ Strike Team HEA Engine 6361 150.00 U.S. BANK‐CAL CARDS 161818 Fuel ‐ Strike Team HEA Engine 6361 150.00 U.S. BANK‐CAL CARDS 161818 Fuel ‐ Strike Team HEA Engine 6361 200.00 U.S. BANK‐CAL CARDS 161818 Fuel ‐ Strike Team HEA Engine 6361 80.00 U.S. BANK‐CAL CARDS 161818 Small Equipment Repairs                   265.62 U.S. BANK‐CAL CARDS 161818 Absorbent Dehumidifier Bucket 21.71 U.S. BANK‐CAL CARDS 161818 Lodging: Strike Team Crew ‐ Monterey County 399.60 U.S. BANK‐CAL CARDS 161818 Lodging: Strike Team Crew ‐ Monterey County 466.20 U.S. BANK‐CAL CARDS 161818 Lodging: Strike Team Crew ‐ Monterey County 466.20 U.S. BANK‐CAL CARDS 161818 Lodging: Strike Team Crew ‐ Monterey County 399.60 U.S. BANK‐CAL CARDS 161818 FR Clothing                  (184.41) U.S. BANK‐CAL CARDS 161818 Protective Footwear                  (223.45) U.S. BANK‐CAL CARDS 161818 Shipping Charges                     24.09 U.S. BANK‐CAL CARDS 161818 Non Inventory Material                    (44.55) U.S. BANK‐CAL CARDS 161818 Non Inventory Material                1,416.65 U.S. BANK‐CAL CARDS 161818 Tool Repair                   759.50 U.S. BANK‐CAL CARDS 161818 Protective Footwear                   980.47 U.S. BANK‐CAL CARDS 161818 Bottled Water                     65.03 U.S. BANK‐CAL CARDS 161818 Sun Screen                     46.89 U.S. BANK‐CAL CARDS 161818 FR Clothing                   623.66 U.S. BANK‐CAL CARDS 161818 SnagIt Annual Maintenance 150.40 U.S. BANK‐CAL CARDS 161818 Rubber Glove Testing                   364.00 U.S. BANK‐CAL CARDS 161818 Work Boot Laces                       5.44 U.S. BANK‐CAL CARDS 161818 DNS Hosting                     42.90

6.C.a
Packet Pg. 94
Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) U.S. BANK‐CAL CARDS 161818 Dry Ice                       2.13 U.S. BANK‐CAL CARDS 161818 Printer Ink                     63.41 U.S. BANK‐CAL CARDS 161818 Non‐Reversing Starter                   612.00 U.S. BANK‐CAL CARDS 161818 Domain Name Fees                       5.64 U.S. BANK‐CAL CARDS 161818 Sew Eurodrive AM 145                     21.04 U.S. BANK‐CAL CARDS 161818 Drill                     97.55 U.S. BANK‐CAL CARDS 161818 Prescription Glasses ‐ Rowan 127.75 U.S. BANK‐CAL CARDS 161818 Sew Eurodrive AM 145                     15.38 U.S. BANK‐CAL CARDS 161818 Digital PH Sensor                1,077.97 U.S. BANK‐CAL CARDS 161818 Printer Ink                     63.42 U.S. BANK‐CAL CARDS 161818 Drill                     97.56 U.S. BANK‐CAL CARDS 161818 Domain Name Fees                       5.63 U.S. BANK‐CAL CARDS 161818 Prescription Glasses ‐ Rowan 127.75 U.S. BANK‐CAL CARDS 161818 Prescription Glasses ‐ Rowan 127.75 U.S. BANK‐CAL CARDS 161818 Signature Stamp Refund                    (33.48) U.S. BANK‐CAL CARDS 161818 Recruitment Advertising                1,782.63 U.S. BANK‐CAL CARDS 161818 Signature Stamp                     33.48 U.S. BANK‐CAL CARDS 161818 Refund for Incorrect Charge (16.00) U.S. BANK‐CAL CARDS 161818 License Renewal ‐ CA BBS                   220.00 U.S. BANK‐CAL CARDS 161818 Van Mats ‐ Veh#233                     30.51 U.S. BANK‐CAL CARDS 161818 Training ‐  CAMFT                   114.00 U.S. BANK‐CAL CARDS 161818 Training ‐ CAMFT                     99.00 U.S. BANK‐CAL CARDS 161818 Recruitment Advertising                1,130.99 U.S. BANK‐CAL CARDS 161818 Training ‐ CAMFT                   110.00 U.S. BANK‐CAL CARDS 161818 Renewal of Class A License                       1.12 U.S. BANK‐CAL CARDS 161818 Renewal of Class A License                     53.00 U.S. BANK‐CAL CARDS 161818 Canopy for Badger Dog Park 101.51 U.S. BANK‐CAL CARDS 161818 Flowers for Plaza                   462.47 U.S. BANK‐CAL CARDS 161818 Newsletter Labels                   229.21 U.S. BANK‐CAL CARDS 161818 2023 Sonoma County Housing Solutions Summit‐Part 2 200.00 U.S. BANK‐CAL CARDS 161818 DASH Car GPS                     34.00 U.S. BANK‐CAL CARDS 161818 DASH Car Wash Plan                     39.95 U.S. BANK‐CAL CARDS 161818 St. Patrick's Event Stage                1,000.00 U.S. BANK‐CAL CARDS 161818 Annual Downloads ‐ Event Mkt. 49.00 U.S. BANK‐CAL CARDS 161818 Monthly Subscription for Newspaper 12.72 U.S. BANK‐CAL CARDS 161818 Layer Pellets ‐ iGrow                     53.98 U.S. BANK‐CAL CARDS 161818 Monthly Subscription for Newspaper 12.72 U.S. BANK‐CAL CARDS 161818 Monthly Subscription for Newspaper 12.72 U.S. BANK‐CAL CARDS 161818 iPad Cases for P&B                     64.08 U.S. BANK‐CAL CARDS 161818 IT Password Management                   575.28 U.S. BANK‐CAL CARDS 161818 Mail Services                       8.16 U.S. BANK‐CAL CARDS 161818 ICC Certification Study Guide (Erica) 86.19 U.S. BANK‐CAL CARDS 161818 Mail Services                     11.70 U.S. BANK‐CAL CARDS 161818 Mail Services                     10.52 U.S. BANK‐CAL CARDS 161818 Webinar (Carey)                     70.00 U.S. BANK‐CAL CARDS 161818 Membership Meeting (1) for Next Month 30.00 U.S. BANK‐CAL CARDS 161818 Membership Meeting (2)                     60.00 U.S. BANK‐CAL CARDS 161818 Membership Meeting (1)                     30.00 U.S. BANK‐CAL CARDS 161818 St Patrick's Decorations for Parade 41.07 U.S. BANK‐CAL CARDS 161818 Coffee and Art Reception                   211.82 U.S. BANK‐CAL CARDS 161818 Black Jack Supplies                   316.68 U.S. BANK‐CAL CARDS 161818 Birthday Club Cake                     67.47 U.S. BANK‐CAL CARDS 161818 Lifeguard Training Recert ‐ S. McKnight 100.00 U.S. BANK‐CAL CARDS 161818 Lifeguard Training Recert ‐ A. Keel 110.00 U.S. BANK‐CAL CARDS 161818 CWEA ‐ Professional Association Dues 113.00 U.S. BANK‐CAL CARDS 161818 CWEA ‐ Professional Association Dues 113.00 U.S. BANK‐CAL CARDS 161818 CPRS ‐ Conference Flight ‐ T. Campbell 357.90 U.S. BANK‐CAL CARDS 161818 Office Supplies                     13.06 U.S. BANK‐CAL CARDS 161818 CSM‐3 Renewal Fee                   105.00 U.S. BANK‐CAL CARDS 161818 CPRS Conference Registration ‐ T. Campbell 630.00 U.S. BANK‐CAL CARDS 161818 Class Supplies                   263.86 U.S. BANK‐CAL CARDS 161818 Class Celebration                     46.11 U.S. BANK‐CAL CARDS 161818 Class Cooking Projects                     56.31 U.S. BANK‐CAL CARDS 161818 Class Cooking Project                     38.25 U.S. BANK‐CAL CARDS 161818 Design Subscription ‐ Canva                     12.95 U.S. BANK‐CAL CARDS 161818 Class Decorations                     92.15 U.S. BANK‐CAL CARDS 161818 Training ‐ Viridian Wastewater Consulting 650.00 U.S. BANK‐CAL CARDS 161818 Spring Break Camp Supplies 107.58 U.S. BANK‐CAL CARDS 161818 Peg Fees                   297.31 U.S. BANK‐CAL CARDS 161818 Canva Account Subscription ‐ Allan 12.99 U.S. BANK‐CAL CARDS 161818 Snacks for Goal Setting                     72.73 U.S. BANK‐CAL CARDS 161818 Canva Account Subscription ‐ Mattioli 12.99 U.S. BANK‐CAL CARDS 161818 Lunch for Goal Setting                   112.99 U.S. BANK‐CAL CARDS 161818 Coffee for Goal Setting                     22.72 U.S. BANK‐CAL CARDS 161818 Breakfast for Goal Setting                     41.50 U.S. BANK‐CAL CARDS 161818 Coffee for Goal Setting                     45.43

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Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) WORLDPAC 161746 VEH # 119 ‐ Parts and Materials 83.72
Vendor 1955 ‐ WOOLMAN, TODD Total: 111.00
Vendor: 10378 ‐ WORLDPAC
WORLDPAC 161746 Shop Supplies                     28.03 Vendor 3376 ‐ WILLDAN FINANCIAL SERVICES INC Total: 3,550.00 Vendor: 1955 ‐ WOOLMAN, TODD
WOOLMAN, TODD 161821 NWPPA Conference ‐ Per Diem Travel 111.00 Vendor 90965 ‐ Wiener, Adam Total: 22.12
Vendor: 3376 ‐ WILLDAN FINANCIAL SERVICES INC
WILLDAN FINANCIAL SERVICES I161745 Arbitrage Rebate & Continuing Disclosure 3,550.00 Vendor 1808 ‐ WEST YOST & ASSOCIATES INC Total: 7,885.98 Vendor: 90965 ‐ Wiener, Adam
Wiener, Adam 161969 Utility Refund                     22.12 Vendor 1442 ‐ WECO INDUSTRIES LLC Total: 702.91
Vendor: 1808 ‐ WEST YOST & ASSOCIATES INC
WEST YOST & ASSOCIATES INC 161887 Municipal Recycled Water Pipeline Project 7,885.98 WECO INDUSTRIES LLC 161744 VEH # 42 ‐ Parts and Materials 234.30 WECO INDUSTRIES LLC 161744 VEH # 42 ‐ Parts and Materials 234.31 Vendor 90961 ‐ Waller, Dina Total: 125.55
Vendor: 1442 ‐ WECO INDUSTRIES LLC
WECO INDUSTRIES LLC 161744 VEH # 42 ‐ Parts and Materials 234.30 Vendor 10415 ‐ VULCAN MATERIALS COMPANY Total: 437.46
Vendor: 90961 ‐ Waller, Dina
Waller, Dina 161968 Utility Refund                   125.55 Vendor: 10415 ‐ VULCAN MATERIALS COMPANY
VULCAN MATERIALS COMPANY 161886 Department Supplies ‐ Power Patch 303.36 VULCAN MATERIALS COMPANY 161886 Department Supplies                   134.10 VILLARREAL, GRISELDA 161967 Housing CA Conference Airfare 5.60 Vendor 6324 ‐ VILLARREAL, GRISELDA Total: 936.52
VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 74.00 VILLARREAL, GRISELDA 161967 Housing CA Conference Airfare 249.00 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 20.93 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 34.00 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 7.81 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 8.83 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 375.96 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 34.00 Vendor: 6324 ‐ VILLARREAL, GRISELDA
VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 97.62 VILLARREAL, GRISELDA 161885 CA Conference 2023 and L&M Village 28.77 VALIC 161966 Valic Def Comp Contribution 300.00
Vendor 3452 ‐ VALIC Total: 600.00
Vendor 1105 ‐ VALENCIA, JORGE Total: 1,009.79
Vendor: 3452 ‐ VALIC
VALIC 161831 Valic Def Comp Contribution 300.00
VALENCIA, JORGE 161884 RCAC Water Training                     74.00 VALENCIA, JORGE 161884 RCAC Water Training                   383.83 VALENCIA, JORGE 161884 RCAC Water Training                     55.00 VALENCIA, JORGE 161884 RCAC Water Training                     74.00 Vendor 7206 ‐ UV DOCTOR LAMPS LLC Total: 1,348.51
Vendor: 1105 ‐ VALENCIA, JORGE
VALENCIA, JORGE 161884 RCAC Water Training                   422.96 Vendor 5122 ‐ UTILITY DESIGN SERVICES LLC Total: 7,409.30 Vendor: 7206 ‐ UV DOCTOR LAMPS LLC
UV DOCTOR LAMPS LLC 161743 Parts and Materials‐Ballast Rebuild 1,348.51 UTILITY DESIGN SERVICES LLC 161742 Electric Utility Design Service 2,130.00 UTILITY DESIGN SERVICES LLC 161742 Electric Utility Design Service 650.00 UTILITY DESIGN SERVICES LLC 161742 Utility Design Services ‐ Mill District 1,390.00 UTILITY DESIGN SERVICES LLC 161742 Utility Design Services ‐ Pavilion 3 North St 145.00 Vendor 6964 ‐ USPS ‐ POC Total: 4,000.00
Vendor: 5122 ‐ UTILITY DESIGN SERVICES LLC
UTILITY DESIGN SERVICES LLC 161742 Utility Design Services ‐ Underground Grove St 3,094.30 Vendor 5162 ‐ USAT CORPORATION Total: 1,034.60
Vendor: 6964 ‐ USPS ‐ POC
USPS ‐ POC 161820 Pre Paid Postage Deposit ‐ City Hall 4,000.00 USAT CORPORATION 161883 Electric Field Modems                   344.87 USAT CORPORATION 161883 Electric Field Modems                   344.86 Vendor 2842 ‐ U.S. BANK‐CAL CARDS Total: 32,436.11
Vendor: 5162 ‐ USAT CORPORATION
USAT CORPORATION 161883 Electric Field Modems                   344.87 U.S. BANK‐CAL CARDS 161818 Prescription Glasses ‐ Rowan 127.75 U.S. BANK‐CAL CARDS 161818 Domain Name Fees                       5.63

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Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023) Vendor 4035 ‐ ZORO TOOLS INC Total: 291.25
Grand Total: 2,285,637.55
Vendor 5136 ‐ YUKON CONSTRUCTION Total: 65,251.70
Vendor: 4035 ‐ ZORO TOOLS INC
ZORO TOOLS INC 161889 GLOVES, LATEX, MICROFLEX ULTRA ONE       LARGE 291.25 Vendor: 5136 ‐ YUKON CONSTRUCTION
YUKON CONSTRUCTION 161747 CDBG Curb Ramp Improvement Projects 68,686.00 YUKON CONSTRUCTION 161747 Yukon Construction Inv#02.032823 Retention (3,434.30) XEROX FINANCIAL SERVICES 161970 Equipment Lease 05/01/23‐05/31/23 285.88 Vendor 4188 ‐ XEROX FINANCIAL SERVICES Total: 12,456.50 XEROX FINANCIAL SERVICES 161970 Equipment Lease 05/01/23‐05/31/23 449.23 XEROX FINANCIAL SERVICES 161970 Equipment Lease 05/01/23‐05/31/23 285.88 XEROX FINANCIAL SERVICES 161970 Equipment Lease 05/01/23‐05/31/23 571.75 XEROX FINANCIAL SERVICES 161970 Equipment Lease 05/01/23‐05/31/23 571.75 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/18/23 ‐ 04/17/23 810.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/19/23‐04/18/23 551.76 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 470.44 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 411.64 XEROX FINANCIAL SERVICES 161888 Equipment Lease 04/01/23‐04/04/30/23 285.87 XEROX FINANCIAL SERVICES 161970 Equipment Lease 03/16/23‐04/15/23 411.64 XEROX FINANCIAL SERVICES 161888 Equipment Lease 04/01/23‐04/04/30/23 449.22 XEROX FINANCIAL SERVICES 161888 Equipment Lease 04/01/23‐04/04/30/23 285.87 XEROX FINANCIAL SERVICES 161888 Equipment Lease 04/01/23‐04/04/30/23 571.74 XEROX FINANCIAL SERVICES 161888 Equipment Lease 04/01/23‐04/04/30/23 571.79 XEROX FINANCIAL SERVICES 161970 Equipment Lease 01/18/23 ‐ 02/17/23 73.92 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/18/23 ‐ 03/17/23 810.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 470.44 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 411.64 XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 411.64 Vendor 10378 ‐ WORLDPAC Total: 374.10
Vendor: 4188 ‐ XEROX FINANCIAL SERVICES
XEROX FINANCIAL SERVICES 161970 Equipment Lease 02/16/23‐03/15/23 411.64 WORLDPAC 161746 VEH # 119 ‐ Parts and Materials 83.72
WORLDPAC 161746 Multi Function Switch ‐ VEH # 65 94.91
WORLDPAC 161746 VEH # 119 ‐ Parts and Materials 83.72

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Attachment: Disbursement Approval Report - April 2023 (4061 : Disbursement Approval Report - April 2023)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 5, 2023
SUBJECT: Authorize the Purchase of Radial Stacker Conveyor for Biosolids for the Water Reclamation Facility
PREPARED BY: Patrick Fuss, Water/Wastewater Engineer
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution authorizing the purchase of biosolids radial stacking conveyor equipment for the Water Reclamation Facility for an amount not to exceed $71,400.

COMMUNITY ENGAGEMENT/OUTREACH:

No public outreach was sought for this item.

BACKGROUND:

The Water Reclamation Facility uses a biological process to remove pollutants from Healdsburg’s wastewater. The process is a bacterial biomass that increases as the pollutants are consumed. Periodically, a portion of the biomass must be removed to maintain optimal biomass levels. The biomass removed is dewatered to reduce weight and the mass is then referred to as biosolids. These biosolids must be hauled off site for disposal. Approximately 40 to 50 tons of biosolids are removed each week from the Water Reclamation Facility.

Prior to 2020, the biosolids hauling and disposing was included in the City’s solid waste franchise agreement. At that time, the biosolids were collected in a nine-cubic yard roll off bin and the waste hauler would haul out bins each day.

It was decided that the total cost of wastewater services would be better captured if those activities were conducted under separate contract with the wastewater utility rather than being included in the solid waste franchise agreement. The City solicited bids for this service and the low bidder was Recology. Recology had determined that it is more cost-effective to use a larger, 40-foot end-dump trailer rather than the nine-cubic yard bin. By using the single larger trailer, the five to six trips per week with the smaller bins could be reduced down to one to two truck

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trips per week.

The set up to load the biosolids for disposal was designed around the nine-cubic yard bins. Staff have been using one-yard tipping buckets to load the trailer. This process is labor-intensive, time consuming, and increases risk to staff. An automated solution would alleviate these issues and allow staff to focus on higher-level tasks.

DISCUSSION/ANALYSIS:

On October 18, 2021, Staff requested approval to prepurchase screw conveyor equipment for biosolids handling after an informal bidding process. At that time, the recommended manufacturer (Spirac) offered to build the screw conveyor for $228,000 plus tax. However, at the conclusion of design of the equipment, the manufacturer indicated that it would require an additional $110,000 to deliver the screw conveyor equipment. This significant change in pricing was not anticipated in the budget and the purchase agreement with Spirac was cancelled.

However the design of the installation prepared by a consulting engineer and the structural design of the screw conveyors were completed and retained by the City for future use.

Staff investigated alternate methods for loading biosolids on to the haul-out trailer and concluded that a belt conveyor, typical for use in earth moving operations would provide a cost-effective interim solution until such time as capital for the screw conveyor can be amassed. Staff advertised bids for a 40-foot-long belt conveyor that has the capability to deliver materials in a radial arc (i.e., a “radial stacking conveyor”), thereby allowing the filling for the 40-foot haul out trailer. Bids were received on April 20, 2023. Two bids were received, and the lowest responsive responsible bid was received from Rock Solutions, Inc., for $71,400.

Staff recommends approving the purchase of the belt conveyor to help automate the loading of biosolids at the Water Reclamation Facility.

ENVIRONMENTAL STEWARDSHIP:

Converting the current process from a manual process that requires fossil-fuel powered equipment to load the 40-ton trailer to a conveyor powered by electricity will lower GHG emissions associated with City operations.

ALTERNATIVES:

City Council can reject the staff recommendation and provide further direction as to if and how Council wishes to proceed with the project.

FISCAL IMPACT:

The Water Reclamation Facility Biosolids Modification project entered the design phase in Fiscal Year 2021-2022 and accumulated $130,272 in design and material expenses. The project was further funded in Fiscal Year 2022-2023 as Project SE002 with an additional $194,964 in appropriations bringing the total project budget to $325,236. The purchase of the radial stacking belt conveyer is proposed for the not-to-exceed amount of $71,400. After additional design costs incurred this fiscal year and purchase of the proposed equipment the project’s remaining budget is $118,782. In accordance with the Public Contract Code, staff will complete an informal bid process for installation of the equipment.

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ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15302(c) of the California Environmental Quality Act (“CEQA”) guidelines, the action recommended is categorically exempt from CEQA review under the Class 2c exemption - replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.

ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG CONDITIONALLY AUTHORIZING THE

PURCHASE OF BIOSOLIDS RADIAL STACKING BELT

CONVEYOR EQUIPMENT FOR THE WATER RECLAMATION
FACILITY FOR AN AMOUNT NOT TO EXCEED $71,400
WHEREAS, the City’s wastewater is treated at the Water Reclamation Facility (WRF) uses a biological process to remove pollutants from the wastewater; and WHEREAS, the biomass of the biological process grows and portions of the biomass must be removed and disposed of periodically; and
WHEREAS, the biomass is dewatered prior to disposal and each week approximately 20 to 35 tons of dewatered biomass (i.e., biosolids) is hauled from the WRF; and WHEREAS, a changed in the City’s solid waste franchise agreement shifted costs of hauling and disposing of the biosolids to the wastewater fund; and WHEREAS, the City bid the biosolids hauling and disposing and the most cost effective approach to haul biosolids is to shift from 9-cubic yard bins to 40-foot end dump trailer; and WHEREAS, the existing equipment at the WRF is set up to fill the 9 cubic yard bins making modification necessary to convey biosolids to the 40-foot end dump trailers; and WHEREAS, previous purchasing of automated screw conveyor equipment was unsuccessful due to a dramatic increase in pricing at delivery versus initial quotation; and WHEREAS, staff solicited bids to purchase radial stacking belt conveyor equipment to provide motorized filling of the hauling trailer in a less automated manner to the originally envisioned screw conveyor; and
WHEREAS, two bids were received and Rock Systems Inc, offered the lower responsive responsible bid of $71,400; and
WHEREAS, the project is categorically exempt under California Environmental Quality Act, Title 14, Article 19, Section 15302, Class 2c for reconstruction of an existing utility facility with no expansion of the existing capacity.

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

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Packet Pg. 101 Attachment: Resolution (4066 : 2023 Biosolids Radial Stacking Conveyor) Resolution No. -2023

1. Find that the project is categorically exempt under California Environmental Quality Act, Title 14, Article 19, Section 15302, Class 2c for replacement or reconstruction of an existing utility system or facility with negligible or no expansion of capacity.

2. Authorize the City Manager to approve purchases related to the Water Reclamation Facility Dewatered Biosolids Modifications Project (SE002) to Rock Systems, Inc. for a not to exceed amount of $71,400.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg, this 5 th
day of June 2023, by the following vote:

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

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Packet Pg. 102 Attachment: Resolution (4066 : 2023 Biosolids Radial Stacking Conveyor)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 5, 2023
SUBJECT: Memorandum of Understanding with MDL LLC (Duchamp Hotel) for the Foley Family Community Pavilion Project
PREPARED BY: Tom Campbell, Project Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving a Memorandum of Understanding with MDL LLC for the coordination of construction activities for the Foley Family Community Pavilion project and expansion of the Duchamp Hotel, the related exchange of real property interests, and the establishment of maintenance responsibilities for the Foss Creek Bridge and Roadway, and authorizing the City Manager to execute documents on behalf of the City Council.

COMMUNITY ENGAGEMENT/OUTREACH:

The Foley Family Community Pavilion project reflects over a decade of community engagement and outreach efforts, including public open houses and public information meetings with the community at-large, design workshops with focus groups such as special event organizers, Healdsburg Chamber of Commerce, and representatives of the Healdsburg Farmers’ Market, and numerous Parks and Recreation Commission, Planning Commission, and City Council meetings and work sessions.

BACKGROUND:

In 2017 City Council approved the schematic design for the rehabilitation of the existing warehouse building at 3 North Street to accommodate a community pavilion to provide space for the Healdsburg Certified Farmers’ Market and other community and private events. In 2021, City Council approved a Memorandum of Understanding with the Foley Family Charitable Foundation for the final design phase and naming rights. Shortly after, City staff, representatives of the Foley Family, and the architect team commenced work on the final design, which the City Council approved in August 2021.

On March 14, 2023 the Planning Commission approved the Design Review and certain

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entitlements for the project. On April 17, 2023 the City Council held a public hearing and adopted the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan for the Foley Family Community Pavilion (“the Pavilion”) project, amended the General Plan land use designation for the site, and introduced an ordinance amending the City of Healdsburg Zoning Map for the 3 North Street property. City Council passed the rezoning ordinance on May 1, 2023.

Construction drawings are nearly complete, and the project is currently moving through the building permit process.

DISCUSSION/ANALYSIS:

The Duchamp Hotel, owned by MDL LLC, is located at 421 Foss Street immediately north of the Foley Family Pavilion property. MDL and the City currently hold reciprocal easements over a portion of the other’s property in the area of the Foss Creek Bridge for roadway and public and private utility purposes. (The existing easement grant deeds are included as exhibits in the proposed Shared Maintenance Agreement.) MDL obtained a building permit in 2019 for a hotel expansion project for the addition of 14 hotel rooms, a new lobby/amenity space, parking area and landscaping. MDL anticipates beginning construction of the project in July 2023.

During the design process, staff and MDL recognized that coordinating the two construction projects would result in numerous positive outcomes, including a connected and cohesive design for landscaping and drainage, vehicular access, emergency access and signage. Staff collaborated with MDL to coordinate construction plans for the Pavilion project with the hotel expansion and identify temporary and permanent real property interests that are a necessary part of the Pavilion project. Staff also identified the need to formalize maintenance and repair responsibilities for the Foss Creek Bridge and associated roadway and provide MDL with a temporary license for shared use of the trash, recycling, and composting facilities on the Pavilion property. This exchange of interests and the consequent obligations are set forth in a Memorandum of Understanding (MOU), illustrated in the attached Site Plan, and described below. In addition, the MOU requires MDL LLC and its lenders to enter into a subordination agreement with the City to ensure that the City’s interests regarding its easements are held superior to any liens on MDL’s property. Thus, if the lien is ever foreclosed, the City’s interests would be preserved.

The MOU includes the following temporary real property interests which shall be granted no later than ninety (90) days from the date of MOU execution:
• A temporary construction access easement over a portion of the DuChamp property for repair work of the north wall of the City’s existing structure that will be repurposed as the Pavilion.

The MOU specifies that the following permanent real property interests shall be granted prior to the issuance of a certificate of occupancy for the hotel expansion project and the Pavilion project respectively:

Permanent Easements in Favor of the City:
o An easement for the installation and maintenance of landscaping along the southern property line of the Duchamp Property and east of the Parking Lot drive aisle, and a utility easement for the construction, operation and maintenance of a

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segment of storm drainpipe and associated clean out, as well as a downspout spanning the north wall of the future Pavilion structure. o An easement to allow for emergency vehicle access (EVA) across a portion of the Duchamp Property to allow for access to Foss Street from the Pavilion property.

If this easement were not granted to the City, the Pavilion project would incur additional expense in creating an alternative EVA on the east side of the project site, and the alternative EVA would need to be constructed within Foss Creek setbacks.
o An easement for emergency public access across a portion of the Duchamp Property to Foss Street, for public use in the event of an emergency on the City Property.
o A no-build easement along the southern property line of the Duchamp property to prevent the physical obstruction of vehicular and people emergency egress from the Pavilion property.

Permanent Easements in Favor of MDL:
o An easement for the installation and maintenance of landscaping along the northern property line of the City Property and west of the Parking Lot drive aisle, as well as an easement for surface drainage.
o An easement for vehicular access outside of Foley Pavilion event hours in favor of MDL and Duchamp Hotel guests across the Pavilion parking lot, to access the Duchamp property.
o An easement to provide for the installation and maintenance of one (1) directional sign at the Pavilion parking lot entrance on North Street, consistent with the size and specifications provided in Healdsburg Municipal Code Section 20.16.212 and subject to future approval by the City.

The MOU also specifies that both parties enter into a shared maintenance agreement for the Foss Creek Bridge and associated roadway, an existing right-of-way shared between the City and MDL. Reciprocal roadway, public and private utility easements are recorded; however, maintenance and repair responsibilities were never delineated. The Shared Maintenance Agreement specifies that the City and MDL shall equally share maintenance responsibilities for the Foss Creek Bridge in perpetuity, including future repair and/or replacement as necessary.

In addition, the MOU includes a revocable license in favor of MDL for the shared use of trash, recycling, and composting facilities on the Pavilion property. The license is being proposed to reduce traffic impacts on Foss Street and acknowledge the intrinsic value inherent in the coordination of the two projects, including accommodations on MDL’s part to reduce cost and impact for the Pavilion project. The license shall be valid for a period of ten (10) years with one automatic renewal and shall be renewable thereafter by the agreement of both Parties in writing.

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ALTERNATIVES:

City Council could direct staff to proceed with the Pavilion project without coordination with MDL LLC. This would require staff to revisit several aspects of the Pavilion design to allow for emergency vehicle access and maintenance responsibilities for the Foss Creek Bridge would remain unresolved, which could make the city liable for the full cost of future repairs and replacement when necessary.

FISCAL IMPACT:

Entering into the MOU and associated easements for the exchange of interests is an overall cost savings for the City’s project since it will eliminate the need to modify the Foss Creek bridge and associated road work, along with clarifying the City’s responsibility for future work for the Foss Creek bridge and roadway.

ENVIRONMENTAL ANALYSIS:

City Council’s approval of a Memorandum of Understanding with MDL LLC is not subject to the provisions of the California Environmental Quality Act (CEQA) because approval of the Memorandum of Understanding is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment.

The City Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan for the Foley Family Community Pavilion project on April 17, 2023.

ATTACHMENT(S):

Resolution
Memorandum of Understanding
Subordination Agreement

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A MEMORANDUM OF

UNDERSTANDING WITH MDL, LLC FOR THE

COORDINATION OF CONSTRUCTION ACTIVITIES FOR

THE FOLEY FAMILY COMMUNITY PAVILION PROJECT

AND EXPANSION OF THE DUCHAMP HOTEL, THE

RELATED EXCHANGE OF REAL PROPERTY INTERESTS

AND THE ESTABLISHMENT OF MAINTENANCE

RESPONSIBILITIES FOR THE FOSS CREEK BRIDGE AND

ROADWAY, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE DOCUMENTS ON BEHALF OF THE CITY

COUNCIL
WHEREAS, the City Council desires to enter into a Memorandum of Understanding (“MOU”) with MDL, LLC (“MDL”) pertaining to the construction by the City of a community events center (“Foley Pavilion”) located on City property, as well as MDL’s expansion of an existing hotel facility (“Duchamp Expansion”) located on MDL property; and WHEREAS, the MOU’s purpose is to coordinate the parties’ respective construction efforts, as well as establish maintenance and repair responsibilities of the bridge and roadway spanning Foss Creek. The MOU also provides for the future exchange of real property interests between the City and MDL pertaining to construction of the Foley Pavilion and Duchamp Expansion; and
WHEREAS, pursuant to Government Code Section 27281, deeds or grants conveying any interest in or easement upon real property to a city or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by a certificate of acceptance attached to or printed on the deed or grant; and WHEREAS, pursuant to Government Code Section 27281, a City or governmental agency, by general resolution, may authorize one or more officers or agents to accept and consent to such deeds or grants by executing a certificate of acceptance; and WHEREAS, the City Council finds that it would be appropriate to authorize the City Manager to accept such real property interests as identified and described in the MOU on behalf of the City; and
WHEREAS, City Council’s approval of a Memorandum of Understanding with MDL LLC is not subject to the provisions of the California Environmental Quality Act (CEQA) because approval of the Memorandum of Understanding is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment. The City Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan for the

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Packet Pg. 107 Attachment: Resolution (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Resolution No. -2023

Foley Family Community Pavilion project on April 17, 2023.

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

1. Approve the Memorandum of Understanding between the City and MDL, LLC in the form attached hereto as Exhibit A and authorize the City Manager to execute the MOU in a form substantially similar to the form identified in Exhibit A.

2. Authorize and direct the City Manager to take such further actions and execute such documents on behalf of the City, subject to approval of the City Attorney, as are necessary to carry out the transactions contemplated by the MOU on behalf of the City, including without limitation, all actions and documents necessary for the exchange of real property interests identified and described in the MOU, maintenance obligations, subordination agreements and certificates of acceptance pursuant to Government Code Section 27281.

3. Finds that approval of a Memorandum of Understanding with MDL LLC is not subject to the provisions of the California Environmental Quality Act (CEQA) because approval of the Memorandum of Understanding is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment. The City Council adopted the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan for the Foley Family Community Pavilion project on April 17, 2023.

PASSED and ADOPTED by the City Council of the City of Healdsburg, this 5th day of June 2023, by the following vote:

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

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Packet Pg. 108 Attachment: Resolution (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) RIV #4890-3524-3341 v2 1

MEMORANDUM OF UNDERSTANDING
Foley Pavilion Construction Access, Maintenance of Foss Creek Bridge and Roadway, Temporary & Permanent Easements
This Memorandum of Understanding (“MOU”) is entered this ____ day of May __, 2023, the date of last execution hereof (“Effective Date”), by and between MDL LLC, (“MDL”), a California limited liability company, and the City of Healdsburg, a California municipal corporation (“City”) (each a “Party” and collectively, the “Parties”).

RECITALS
A. MDL is the owner of record of that certain real property known as the Duchamp Hotel, located at 421 Foss Street, Healdsburg, California, 95458 (APN No. 002-173-029) (“Duchamp Property”). The legal description of Duchamp Property is attached hereto as “Exhibit A” and incorporated herein by reference.

B. City is the owner of record of that certain real property located at 3 North Street, Healdsburg, California 95458 (APNs 002-173-002, -003 and -021) (“City Property” or “Project Site”). The legal description of City Property is attached hereto as “Exhibit B” and incorporated herein by reference.

C. The Duchamp Property and City Property are adjacent to each other.

D. City desires to redevelop the City Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors. The Project will include a parking lot (“Parking Lot”) for use by Foley Pavilion visitors, as well as for access to the Duchamp Property outside of Foley Pavilion event times.

E. On March 2, 2020, the City Council voted to unanimously accept a pledge of up to an additional $7 million dollars for the construction of Project from the Foley Family Charitable Foundation.

F. On or about August 27th, 2019, the City Planning Commission adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

G. The Parties desire to coordinate their respective construction and landscaping improvements, as well as maintenance and repair responsibilities of the bridge spanning Foss Creek and associated roadway (“Foss Creek Bridge and Roadway”) from Duchamp Property to Foss Street as described herein, and MDL desires to provide certain temporary and permanent easements to the City in exchange for certain temporary and permanent easements and one license in favor of MDL.

H. The City Council is authorized to grant said easements and license in exchange for certain temporary and permanent easements, which are necessary for the Project and therefore are for a public purpose.

H. The Parties desire to memorialize their relationship and to set forth their respective

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roles and obligations through the execution of this MOU.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following:

1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by reference.

2. Purpose of Agreement. The purpose of this MOU is to memorialize the understanding and coordination between the City and MDL regarding the construction and operation of the Foley Pavilion and Duchamp Expansion, the maintenance and repair of the Foss Street Bridge and Roadway, and the exchange of associated temporary and permanent real property interests.

3. Good Faith Effort. The Parties agree to work in good faith to coordinate construction efforts and complete the proposed temporary and permanent property transactions pursuant to terms and conditions set forth herein.

4. Construction Coordination. During construction of the Project, City will construct certain vehicular access elements, including the Parking Lot drive aisle and parking spaces, on the City Property. During construction of Duchamp Expansion, MDL will construct similar vehicular access elements on the Duchamp Property. The Parties agree to meet and confer prior to the start of Project and Duchamp Expansion construction to coordinate and establish a construction schedule for these elements.

5. Temporary Construction Access Easement in Favor of the City; Issuance of Encroachment Permit to Grantor. The Parties agree that a temporary access easement over a portion of the Duchamp Property is required in favor of the City for the construction of Project and that Grantor requires an encroachment permit for the Duchamp Expansion. The access easement in favor of the City shall be for repair work of the north wall of the existing structure that will be repurposed as the Foley Pavilion. The north wall is located on the property line of the southerly edge of the Duchamp Property and in close proximity to the property line for the remainder of the north wall span. The easement shall be in substantially the same location shown as the “North Wall Easement” on Exhibit C, attached hereto and incorporated herein by this reference The encroachment permit in favor of MDL shall be for construction access, material lay-down, and construction staging and shall be in such location on the City Property as reasonably designated by the City from time to time so as not to unreasonably interfere with the City’s Project, The Temporary Construction Access Easement shall be in substantially the same form as Exhibit D, attached hereto and incorporated herein by this reference. City shall survey and MDL shall grant the City the North Wall Easement no later than ninety (90) days from the execution of this MOU, which easement shall be recorded by City.

6. Permanent Easements in Favor of the City. The Parties agree that separate permanent easements over portions of the Duchamp Property are required in favor of the City for the operation and maintenance of the Foley Pavilion. Therefore, MDL shall grant the following, superior to any liens by lenders to MDL that are secured by the Duchamp Property, and each for recordation by City at a time to be reasonably designated by MDL but prior to issuance of the certificate of occupancy for Duchamp Expansion:
a. An easement for tree removal as well as the installation and maintenance of

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Packet Pg. 110 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) RIV #4890-3524-3341 v2 3
landscaping along the southern property line of the Duchamp Property and east of the Parking Lot drive aisle, and a utility easement for the construction, operation and maintenance of a segment of storm drain pipe and associated clean out. The easements shall be in substantially the same locations shown as “City Landscaping Easement” and “Utility Easement” on Exhibit C, and in substantially the same form as shown on Exhibit E, attached hereto and incorporated herein by this reference. Landscaping shall consist of shrubs and foliage that are free from thorns or thick branches to allow for pedestrian egress from City Property in the event of an emergency.
b. An easement to allow for emergency vehicle access (EVA) across a portion of the Duchamp Property to allow for access to the City Property from Foss Street.

The easement shall be in substantially the same location shown as “EVA Easement” on Exhibit C, and in substantially the same form as shown on Exhibit F, attached hereto and incorporated herein by this reference. c. An easement for emergency public access across a portion of the Duchamp Property to Foss Street, for public use in the event of an emergency on the City Property. The easement shall be in substantially the same location shown as “Public Emergency Access Easement” on Exhibit C, and in substantially the same form as shown on Exhibit G, attached hereto and incorporated herein by this reference.
d. A no-build easement along the southern property line of the Duchamp Property to prevent the physical obstruction of emergency egress from City Property. The no-build easement shall be in substantially the same location shown as “No-Build Easement” on Exhibit C, and in substantially the same form as shown on Exhibit H, attached hereto and incorporated herein by this reference.

7. Permanent Interests in Favor of MDL. The Parties agree that separate permanent easements over portions of the City Property are required in favor of MDL, in exchange for the real property interests being provided by MDL to City for Project. Therefore, the City will provide MDL with and record the following prior to issuance of the certificate of occupancy for Foley Pavilion:
a. An easement for tree removal as well as the installation and maintenance of landscaping along the northern property line of the City Property and west of the Parking Lot drive aisle, as well as an easement for surface drainage. The easements shall be in substantially the same locations shown as “MDL Landscaping Easement” and “Surface Drainage Easement” on Exhibit C, and in substantially the same form as shown on Exhibit I, attached hereto and incorporated herein by this reference. Landscaping shall consist of shrubs and foliage that are free from thorns or thick branches to allow for pedestrian egress from City Property in the event of an emergency.
b. An easement for vehicular access outside of Foley Pavilion event hours or in case of emergency in favor of MDL and Duchamp Hotel employees, guests, vendors, contractors, and agents across Parking Lot, to access the Duchamp Property. The easement shall be in substantially the same location shown as “Guest Access Easement” on Exhibit C, and in substantially the same form as shown on Exhibit J, attached hereto and incorporated herein by this reference.

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The City shall install and maintain traffic control arms at the Parking Lot entrance from North Street for controlled access to the Parking Lot. c. An easement to provide for the installation and maintenance of one (1) directional sign at the Parking Lot entrance on North Street, consistent with the size and specifications provided in Healdsburg Municipal Code Section

20.16.212 and subject to future approval by the City. The easement shall be in substantially the same location shown as “Sign Easement” on Exhibit C, and in substantially the same form as shown on Exhibit K, attached hereto and incorporated herein by this reference.

8. Temporary License in Favor of MDL. The Parties agree that a temporary license in favor of MDL for the shared use of the trash, recycling and composting facilities on the City Property is required. The license shall be valid for a period of ten (10) years and shall be renewable by Licensee in Licensee’s sole discretion for a second 10-year term, and thereafter the term shall be renewable by the agreement of both Parties in writing. The Temporary License shall be in substantially the same form as Exhibit L attached hereto and incorporated herein by this reference, which the Parties shall execute and the City shall record prior to issuance of the certificate of occupancy for the Foley Pavilion.

9. Maintenance Responsibilities for Foss Creek Bridge and Roadway. The Foss Creek Bridge and associated roadway (“Foss Creek Bridge and Roadway”) is an existing rightof-way shared between the Parties and shown as “Foss Creek Bridge” on Exhibit C, attached hereto and incorporated herein by this reference. The Parties desire and agree to officially delineate responsibilities for the maintenance and repair of Foss Creek Bridge. Therefore, the Parties agree and affirm that they shall execute a Shared Maintenance Agreement for Foss Creek Bridge and Roadway no later than ninety (90) days from the execution of this MOU, in substantially the same form as Exhibit M attached hereto and incorporated herein by this reference.

10. Authority to Execute. The City Manager is authorized to take such further actions and execute such documents on behalf of the City, subject to approval of the City Attorney, as are necessary to carry out the transactions contemplated by this MOU on behalf of the City, including without limitation, all actions and documents necessary for the exchange of real property interests identified and described herein, maintenance obligations, and certificates of acceptance pursuant to Government Code Section 27281.

11. Reciprocal Benefits. Each Party agrees and affirms that they are each obtaining a benefit in exchange for providing a benefit to the other Party. The Parties agree and affirm that these benefits are reciprocal and of equal value, and therefore no additional compensation is required for any of the transactions described herein.

12. Payment of Transaction Costs. The Parties acknowledge that they will incur certain expenses, such recordation costs, as the transactions herein are processed. Each Party agrees to bear its own costs.

13. Relationship of the Parties. It is understood that this is an MOU by and between independent parties and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent parties.

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Packet Pg. 112 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) RIV #4890-3524-3341 v2 5

14. Reciprocal Indemnification. Each easement and/or license holder will be required to indemnify and hold harmless the property owner from and against all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any exercise of or use of the easements or licenses described herein by the easement or license holder, and their guests and invitees.

15. Entire Agreement. This MOU and its Exhibits set forth and contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

16. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

17. Notices. All notices with respect to this MOU will be given by first class mail to the Parties as follows:

City: Community Services Director
City of Healdsburg
1557 Healdsburg Avenue
Healdsburg, CA 95448
With a Copy to: City Attorney
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
MDL: Mark Luzaich

MDL LLC
P.O. Box 340
Windsor, CA 95492
Or to such other persons, addresses or telephone numbers as the Parties may designate in writing from time to time.

18. Assignment. This MOU shall be binding upon and inure to the benefit of the Parties and their successors and assigns. This MOU shall also be binding upon all current and future owners of the real property described herein and transfers with title to the property.

19. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in Sonoma County, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

20. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.

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21. Waiver. Waiver by any Party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

22. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

23. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

24. Signature in Counterparts. This MOU may be signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.

Signatures on the Following Page

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Packet Pg. 114 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) RIV #4890-3524-3341 v2 7

MDL LLC,
a California Limited Liability Company:

By:

Mark Luzaich, its Sole Member
Date:

City of Healdsburg:

By:

Jeff Kay, City Manager
Date:

ATTEST:

By:

Raina Allen, City Clerk
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney

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Packet Pg. 115 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) RIV #4890-3524-3341 v2 8
Exhibit A
Legal Description of Duchamp Property
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Exhibit B
Legal Description of City Property
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45'

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EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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Packet Pg. 118 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) RIV #4890
-3524-3341 v2
1 ExhibitC
Site Plan Showing Temporary and Permanent Easements

6.E.b
Packet Pg. 119 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APN: 002-173-029 (SPACE ABOVE FOR RECORDER’S USE
ONLY)

GRANT OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Access Easement Agreement (“Agreement”) dated _____________, 2023 (“Effective Date”), is made by and between MDL LLC, a California limited liability company (“Grantor”) and the City of Healdsburg, a California municipal corporation (“Grantee”). Grantor and Grantee may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 421 Foss St in the City of Healdsburg (Assessor’s Parcel No. (“APN”) 002-173-029) legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor’s Property at 3 North St, also in the City of Healdsburg (APNs 002-173-002, -003 and -021), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantee desires to redevelop the Grantee Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

EXHIBIT D

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Packet Pg. 120 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) D. On or about August 27th, 2019, Grantee adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantor Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction and operation of the Foley Pavilion and the Duchamp Expansion.

F. Section 5 of the MOU requires Grantor to provide Grantee with a temporary access easement over Grantor Property for the purpose of performing construction work on the north wall of the existing structure that will be redeveloped as the Foley Pavilion (“North Wall”).

The location of the North Wall is depicted in Exhibit C attached hereto and incorporated herein by this reference.

G. Grantor now desires to fulfill its obligations under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Temporary Construction Access Easement. Grantor hereby grants Grantee, its agents, employees and contractors a temporary right of access (“Temporary Construction Access Easement”) to and from the North Wall as shown on Exhibit C, over and across the Grantor Property as reasonably required by Grantee to perform construction work on the North Wall and Project.
“Access” may include but is not limited to ingress and egress with heavy equipment and vehicles reasonably related to or necessary to facilitate construction work on the North Wall and Project (“Work”).

2. Term of Temporary Construction Access Easement. The term of the Temporary Construction Access Easement shall commence upon issuance by Grantee of 10 business days’ written notice to Grantor of commencement of the Work (“Notice of Commencement”). The Temporary Construction Access Easement shall terminate upon the sooner to occur of Grantee’s delivery of a notice of completion to Grantor or eighteen (18) months after recordation of this Easement.

3. Damage to Grantor Property. Grantee shall be responsible for any damage or destruction to Grantor Property caused by Grantee as a result of the use of the Temporary Construction Access Easement. Grantee shall promptly repair and replace any damage to Grantor Property caused by utilization of the Temporary Construction Access Easement by

6.E.b
Packet Pg. 121 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Grantee. In the event Grantee fails to perform the required repairs within thirty (30) calendar days after Grantor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Grantee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Grantor shall have the right, but not the obligation, to perform such work on Grantee’s behalf and invoice Grantee thereafter.

4. Indemnification. Grantee shall indemnify, defend and hold Grantor, including its agents and employees (“Indemnitees”), harmless from and against any and all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any the use of the Easement by Grantee, its agents, employees and contractors, except to the extent caused by the negligence or willful misconduct of an Indemnitee.

5. Agreement Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.

6. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

7. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

8. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

9. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

10. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantee: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue

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Packet Pg. 122 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney
If to Grantor: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 10.

11. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement or the Access Rights.

12. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties.

The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

13. Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

14. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Landscaping and Utility Easements shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written

6.E.b
Packet Pg. 123 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) agreement, (b) default, (c) abandonment for a period of no less than six months, (d) merger, or as otherwise provided herein.
[Signatures Appear On Next Page]

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Packet Pg. 124 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTEE:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTOR:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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Packet Pg. 125 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 126 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 127 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST

30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24, SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PROPERTY AND

THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO

THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 128 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE’S PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

6.E.b
Packet Pg. 129 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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Packet Pg. 130 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT
C

DEPICTION OFLOCATION OF NORTH WALL

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Packet Pg. 131 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached instrument is hereby accepted by order of the City Manager on behalf of the City Council of the City of Healdsburg, pursuant to the authority conferred by City Council Resolution No. _______-202_, dated _______________________________ and grantee consents to recordation thereof by its duly authorized officer.

CITY OF HEALDSBURG, a municipal corporation
By: _____________________
Jeffrey Kay, City Manager
Date:

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 132 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 4857-9145-0982 v1

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APN: 002-173-029 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF LANDSCAPING AND UTILITY EASEMENT AGREEMENT
This Grant of Landscaping and Utility Easement Agreement (“Agreement”), dated _____________, 2023 (“Effective Date”), is made by and between MDL LLC, a California limited liability company (“Grantor”) and the City of Healdsburg, a California municipal corporation (“Grantee”). Grantor and Grantee may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 421 Foss St in the City of Healdsburg (Assessor’s Parcel No. (“APN”) 002-173-029), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor Property at 3 North St, also in the City of Healdsburg (APNs 002-173-002, -003 and - 021), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantee desires to redevelop the Grantee Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

EXHIBIT E 6.E.b
Packet Pg. 133 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 4857-9145-0982 v1
D. On or about August 27th, 2019, Grantee adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantor Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction and operation of the Foley Pavilion and the Duchamp Expansion.

F. Section 6 (a) of the MOU requires Grantor to provide Grantee with an easement for the purpose of tree removal as well as the installation and maintenance of landscaping along the southern property line of Grantor Property, east of the parking lot drive aisle on Grantee Property, and a utility easement for the construction, operation and maintenance of a segment of storm drain pipe and associated clean out as well as a downspout spanning the north wall of the Foley Pavilion structure.

G. Grantor now desires to fulfill its obligations under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Easements. Grantor hereby grants to Grantee the following:
a. An approximately 15-foot wide landscaping easement (“Landscaping Easement”) along the southern property line of Grantor Property for which Landscaping Easement is legally described in Exhibit C attached hereto and incorporated herein by reference, and depicted on Exhibit D attached hereto and incorporated herein by reference. The purpose of the Landscaping Easement is for tree removal as well as the installation and maintenance of landscaping along the Grantor Property southern property line, east of the Grantee Property parking lot drive aisle; and
b. A utility easement (“Utility Easement”) for the access, construction, operation and maintenance of a segment of storm drain pipe and associated clean out, as well as a downspout spanning the north wall of the Foley Pavilion structure, all as legally described in Exhibit E attached hereto and incorporated herein by

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reference, and depicted on Exhibit F attached hereto and incorporated herein by reference.

Together, the Landscaping Easement and Utility Easement are referred to as the “Easements.” Together, the locations of the Landscaping Easement and Utility Easement are referred to as the “Easement Areas.”

2. Landscaping. Landscaping shall consist of shrubs and foliage that are free from thorns or thick branches to allow for pedestrian egress from Grantee Property in the event of an emergency.

3. Damage to Grantor Property. Grantee shall be responsible for any damage or destruction to Grantor Property, including the Easement Areas, caused by Grantee as a result of the use of the Easements. Grantee shall promptly repair and replace any damage to Grantor Property caused by utilization of the Easements. In the event Grantee fails to perform the required repairs within thirty (30) calendar days after Grantor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Grantee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Grantor shall have the right, but not the obligation, to perform such work on Grantee’s behalf and invoice the Grantee thereafter. Grantee agrees to pay Grantor upon demand all charges and costs incurred by Grantor in connection therewith.

4. Indemnification. Grantee shall indemnify, defend and hold Grantor, including its agents and employees (“Indemnitees”), harmless from and against any and all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any exercise of or use of the Landscaping and Utility Easements by Grantee, its agents, employees and contractors, except to the extent caused by the negligence or willful misconduct of an Indemnitee.

5. Agreement Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.

6. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

7. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

8. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together

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constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

9. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

10. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantee: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448

With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney
If to Grantor: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 9.

11. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement or the Access Rights.

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12. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

13. Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

14. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Landscaping and Utility Easements shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger. [Signatures Appear On Next Page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTEE:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTOR:

MDL LLC, a ___________ limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24, SAID

LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE

EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY

ALONG THE SOUTHWESTERLY LINE OF SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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EXHIBIT B

LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST

16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20 FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET

TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET TO A

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STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2"

IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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EXHIBIT C

LEGAL DESCRIPTION OF LANDSCAPING EASEMENT

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EXHIBIT D

DEPICTION OF LANDSCAPING EASEMENT

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EXHIBIT E

LEGAL DESCRIPTION OF UTILITY EASEMENT

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EXHIBIT F

DEPICTION OF UTILITY EASEMENT

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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached instrument is hereby accepted by order of the City Manager on behalf of the City Council of the City of Healdsburg, pursuant to the authority conferred by City Council Resolution No. _______-202_, dated _______________________________ and grantee consents to recordation thereof by its duly authorized officer.

CITY OF HEALDSBURG, a municipal corporation
By: _____________________
Jeffrey Kay, City Manager
Date:

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APN: 002-173-029 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT
This Grant of Emergency Vehicle Easement Agreement (“Agreement”), dated _____________, 2023 (the “Effective Date”) is made by and between MDL LLC, a California limited liability company (“Grantor”) and the City of Healdsburg, a California municipal corporation (“Grantee”). Grantee and Grantor may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 421 Foss St in the City of Healdsburg (Assessor’s Parcel No. (“APN”) 002-173-029), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor’s Property at 3 North St, also in the City of Healdsburg (APNs 002-173-002, -003 and -021), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantee desires to redevelop the Grantee Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

D. On or about August 27th, 2019, Grantee adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of EXHIBIT F 6.E.b
Packet Pg. 149 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) the Duchamp Hotel located on Grantor Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction and operation of the Foley Pavilion and the Duchamp Expansion.

F. Section 6 (b) of the MOU requires Grantor to provide Grantee with an easement for emergency vehicle access (EVA) to and from the Grantee Property across and over the Grantor Property to Foss Street. The EVA easement is legally described in Exhibit C attached hereto and incorporated herein by this reference, and depicted in Exhibit D, attached hereto and incorporated herein by this reference.

G. Grantor now desires to fulfill its obligations under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Easement. Grantor hereby grants to Grantee a 20 foot-wide easement for emergency vehicle access with a vertical clearance of no less than 13.6 feet (“Emergency Vehicle Access Easement” as legally described on Exhibit C and as depicted on Exhibit D), to provide for access to and from Grantee’s Property over and across Grantor’s Property to Foss Street.

2. Damage to Grantor Property. Grantee shall be responsible for any damage or destruction to Grantor Property caused by Grantee as a result of the use of the Emergency Vehicle Access Easement. Grantee shall promptly repair and replace any damage to Grantor Property caused by utilization of the Emergency Vehicle Access Easement by Grantee. In the event Grantee fails to perform the required repairs within thirty (30) calendar days after Grantor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Grantee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Grantor shall have the right, but not the obligation, to perform such work on Grantee’s behalf and invoice Grantee thereafter. Grantee agrees to pay Grantor upon demand all charges and costs incurred by Grantor in connection therewith.

3. Indemnification. Grantee shall indemnify, defend and hold Grantor, including its agents and employees (“Indemnitees”), harmless from and against any and all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to

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Packet Pg. 150 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any exercise of or use of the Easement by Grantee, its agents, employees and contractors, except to the extent caused by the negligence or willful misconduct of an Indemnitee.

4. Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.

5. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

6. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

7. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

8. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

9. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantee: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney

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Packet Pg. 151 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) If to Grantor: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 9.

10. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement.

11. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

12. Severability. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

13. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Easement shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger. [Signatures Appear On Next Page]

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Packet Pg. 152 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTEE:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTOR:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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Packet Pg. 153 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

6.E.b
Packet Pg. 154 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 155 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 156 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B

LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

6.E.b
Packet Pg. 157 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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Packet Pg. 158 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT C

LEGAL DESCRIPTION OF EVA EASEMENT

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Packet Pg. 159 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT D

DEPICTION OF EVA EASEMENT

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Packet Pg. 160 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached instrument is hereby accepted by order of the City Manager on behalf of the City Council of the City of Healdsburg, pursuant to the authority conferred by City Council Resolution No. _______-202_, dated _______________________________ and grantee consents to recordation thereof by its duly authorized officer.

CITY OF HEALDSBURG, a municipal corporation
By: _____________________
Jeffrey Kay, City Manager
Date:

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 161 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APN: 002-173-029 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF EMERGENCY PUBLIC ACCESS EASEMENT AGREEMENT
This Grant of Emergency Public Access Easement Agreement ("Agreement") dated _____________, 2023 (the “Effective Date”), is made by and between MDL LLC, a California limited liability company (“Grantor”) and the City of Healdsburg, a California municipal corporation (“Grantee”). Grantee and Grantor may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 421 Foss St in the City of Healdsburg (Assessor’s Parcel No. (“APN”) 002-173-029), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor Property at 3 North St, also in the City of Healdsburg (APNs 002-173-002, -003 and -021), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantee desires to redevelop the Grantee Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

D. On or about August 27th, 2019, Grantee adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantor Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

EXHIBIT G 6.E.b
Packet Pg. 162 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) E. On __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction and operation of the Foley Pavilion and the Duchamp Expansion.

F. Section 6 (c) of the MOU specifies that Grantor shall provide Grantee with a permanent Emergency Public Access Easement in favor of Grantee for emergency public pedestrian egress from Grantee Property on, over and across Grantor Property to Foss Street.

G. Grantor now desires to fulfill its obligations under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Easement. Grantor hereby grants to Grantee and dedicates to the public a permanent non-exclusive easement for emergency pedestrian egress from Grantee Property to Foss Street (the "Emergency Public Access Easement"), on, over and across Grantor Property within the easement area (“Easement Area”) legally described in Exhibit C and depicted in Exhibit D, both of which are attached hereto and incorporated herein by this reference. This Emergency Public Access Easement shall burden the Easement Area in perpetuity for the benefit of Grantee and the general public as an easement in gross, and it is a covenant that shall run with the land.

2. Public Emergency Use. The public is hereby permitted to enter onto and across the Easement Area during an emergency (as defined herein) for pedestrian egress from Grantee Property, across a portion of Grantor Property as depicted in Exhibit D, and to Foss Street to the east of the Easement Area. No portion of the Easement Area shall be used for any use that violates any applicable law or that constitutes a nuisance.

3. Emergency, Defined. For the purposes of this Agreement, an emergency is an urgent, sudden, and serious event that necessitates immediate action to remedy harm or avert imminent danger. Examples of emergencies shall include, but are not limited to, fire, flood, shooting, bombing, or other event that results in imminent danger to public health and safety.

4. Damage to Grantor Property. Grantee shall not be responsible for any damage or destruction to Grantor Property caused by a member of the public as a result of the use of the Emergency Public Access Easement in connection with this Agreement.

5. Nondiscrimination. Grantor covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the use of the Emergency Public Access Easement in accordance with this Agreement. The foregoing covenant shall run with the land.

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Packet Pg. 163 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

6. Indemnification. Grantee shall indemnify, defend and hold Grantor, including its agents and employees (“Indemnitees”), harmless from and against any and all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any use of the Emergency Public Access Easement by Grantee or a member of the public, except to the extent caused by the negligence or willful misconduct of an Indemnitee.

7. Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner by written agreement of the Parties.

8. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

9. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

10. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

11. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

12. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantee: City of Healdsburg
Community Services Department
401 Grove Street
Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney
If to Grantor: MDL LLC

6.E.b
Packet Pg. 164 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 12.

13. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement.

14. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

15. Severability. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

16. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Easement shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger.
[Signatures Appear On Next Page]

6.E.b
Packet Pg. 165 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTEE:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTOR:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

6.E.b
Packet Pg. 166 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 167 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 168 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 169 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B

LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

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Packet Pg. 170 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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Packet Pg. 171 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT C

LEGAL DESCRIPTION OF EASEMENT AREA

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Packet Pg. 172 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT D

DEPICTION OF EASEMENT AREA

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Packet Pg. 173 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached instrument is hereby accepted by order of the City Manager on behalf of the City Council of the City of Healdsburg, pursuant to the authority conferred by City Council Resolution No. _______-202_, dated _______________________________ and grantee consents to recordation thereof by its duly authorized officer.

CITY OF HEALDSBURG, a municipal corporation
By: _____________________
Jeffrey Kay, City Manager
Date:

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 174 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APN: 002-173-029 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF NO-BUILD EASEMENT
This Grant of No-Build Easement, dated _____________, 2023 (“Effective Date”), is made by MDL LLC, a California limited liability company (“Grantor”) in favor of the City of Healdsburg, a California municipal corporation (“Grantee”). Grantee and Grantor may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 421 Foss St in the City of Healdsburg, County of Sonoma, State of California (Assessor’s Parcel No. 002-173-029) legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor’s Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor Property at 3 North St, also in the City of Healdsburg (APNs 002-173-002, -003 and -021), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantee desires to redevelop the Grantee Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

EXHIBIT H

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Packet Pg. 175 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 2 D. On or about August 27th, 2019, the Grantee adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantor Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On or about __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction of the Foley Pavilion and the Duchamp Expansion.

F. Section 6 (d) of the MOU requires Grantor to provide a “No-Build Easement” in favor of Grantee along the southern property line of the Grantor Property.

G. Grantor now desires to fulfill its obligation under the MOU.

NOW, THEREFORE, with reference to the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged:

1. Grant of Easement. Grantor hereby grants a 10' wide no-build easement ("NoBuild Easement") along the southern property line of Grantor Property for the benefit of the Grantee Property, which No-Build Easement is legally described in Exhibit C attached hereto and incorporated herein by reference and depicted on Exhibit D attached hereto and incorporated herein by reference.

2. No-Build Covenant. As part of its obligations under the No-Build Easement, Grantor hereby covenants and agrees not to construct, erect, place, or cause to be constructed, erected or placed, any structure or barrier of any kind, including walls, fences, buildings, barricades, or the like, within the No-Build Easement area along the southern property line of the Grantor Property that would interfere with emergency pedestrian egress from the Grantee Property onto and across the Grantor Property. The purpose of the No-Build Easement is to prevent the physical obstruction of emergency pedestrian egress from the Grantee Property onto and across the Grantor Property.

3. Amendment. This Grant of No-Build Easement shall not be modified or released without the prior written approval of both parties.

4. Recordation, Term. This Grant of No-Build Easement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the No-Build Easement shall be binding upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger. [Signatures Appear On Next Page]

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Packet Pg. 176 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTEE:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTOR:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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Packet Pg. 177 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 178 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 2 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 179 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 180 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B

LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

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Packet Pg. 181 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 2 TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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Packet Pg. 182 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT C

LEGAL DESCRIPTION OF NO-BUILD EASEMENT

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Packet Pg. 183 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 2 EXHIBIT D

DEPICTION OF NO-BUILD EASEMENT

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Packet Pg. 184 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 3 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached instrument is hereby accepted by order of the City Manager on behalf of the City Council of the City of Healdsburg, pursuant to the authority conferred by City Council Resolution No. _______-202_, dated _______________________________ and grantee consents to recordation thereof by its duly authorized officer.

CITY OF HEALDSBURG, a municipal corporation
By: _____________________
Jeffrey Kay, City Manager
Date:

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

6.E.b
Packet Pg. 185 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APNs: 002-173-002, -003 and -021 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF LANDSCAPING AND DRAINAGE EASEMENT AGREEMENT
This Grant of Landscaping and Drainage Easement Agreement (“Agreement”), dated _____________, 2023 (“Effective Date”), is made by and between the City of Healdsburg, a California municipal corporation (“Grantor”) and MDL LLC, a California limited liability company (“Grantee”). Grantor and Grantee may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 3 North St in the City of Healdsburg (Assessor’s Parcel Nos. (“APNs”) 002-173-002, -003 and -021), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor Property at 421 Foss St, also in the City of Healdsburg (APN 002-173-029), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantor desires to redevelop the Grantor Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

EXHIBIT I

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Packet Pg. 186 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) D. On or about August 27th, 2019, Grantor adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantee Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On or about __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction of the Foley Pavilion and the Duchamp Expansion.

F. Section 7 (a) of the MOU requires Grantor to provide a Landscaping and Drainage Easement to Grantee for the purpose of tree removal and the installation and maintenance of landscaping along the northern property line of the Grantor Property, west of the parking lot drive aisle on the Grantor Property, as well as surface drainage across Grantor Property from Grantee Property’s driveway.

G. Grantor now desires to fulfill its obligation under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1) Grant of Easements. Grantor hereby grants to Grantee the following:
a) An approximately 15’-wide landscaping easement (“Landscaping Easement”) along the northern property line of the Grantor Property and west of the parking lot drive aisle, which Landscaping Easement is legally described in Exhibit C attached hereto and incorporated herein by reference and depicted on Exhibit D attached hereto and incorporated herein by reference. The purpose of the Landscaping Easement is for tree removal as well as the installation and maintenance of landscaping. b) A nonexclusive drainage easement (“Drainage Easement”) for the benefit of Grantee over Grantor Property, to allow for surface drainage from the Grantee Property driveway across the Grantor Property. The Drainage Easement is legally described in Exhibit E attached hereto and incorporated herein by reference, and depicted on Exhibit F attached hereto and incorporated herein by reference.

Together, the Landscaping Easement and Drainage Easement are referred to as the “Easements.” Together, the locations of the Landscaping Easement and Drainage Easement are referred to as the “Easement Areas.”

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Packet Pg. 187 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 2) Landscaping. Landscaping shall consist of shrubs and foliage that are free from thorns or thick branches to allow for pedestrian egress from Grantee Property in the event of an emergency.
3) Hazardous Materials, Pollutants. Grantee agrees to not cause or permit any Hazardous Materials or pollutants to drain or otherwise be brought onto Grantor Property. The term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or shall become regulated by any governmental entity, including without limitation, Grantor acting in its governmental capacity, the State of California or the United States Government.

Pollutants shall include any discharges in violation of any applicable Water Quality Management Plan.
4) Damage to Grantor Property. Grantee shall be responsible for any damage or destruction to Grantor Property, including the Easement Area, caused by Grantee as a result of the use of the Easements. Grantee shall promptly repair and replace any damage to Grantor Property caused by utilization of the Easements. In the event Grantee fails to perform the required repairs within thirty (30) calendar days after Grantor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Grantee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Grantor shall have the right, but not the obligation, to perform such work on Grantee’s behalf and invoice the Grantee thereafter. Grantee agrees to pay Grantor upon demand all charges and costs incurred by Grantor in connection therewith. 5) Indemnification. Grantee shall indemnify, defend and hold Grantor, its elected and appointed officials, employees, officers and agents (“Indemnitees”) harmless from and against any and all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any exercise of or use of the Easements, except to the extent caused by the negligence or willful misconduct of an Indemnitee. Grantee shall also defend and hold harmless Indemnitees against any claims, including the cost of reasonable attorneys’ fees, arising from discharge of surface waters caused by the acts or omissions of Grantee onto Grantor Property, including claims from third party regulators such as regional or state water quality control boards.
6) Agreement Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.
7) Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed. 8) Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

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Packet Pg. 188 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 9) Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same document, binding both Parties hereto, notwithstanding both of the Parties are not signatory to the original or the same counterparts. 10) Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees. 11) Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantor: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney
If to Grantee: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 11. 12) No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement.
13) Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This

6.E.b
Packet Pg. 189 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. 14) Severability. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
15) Recordation, Term. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Easement shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger. [Signatures Appear On Next Page]

6.E.b
Packet Pg. 190 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTOR:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTEE:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

6.E.b
Packet Pg. 191 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 192 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

6.E.b
Packet Pg. 193 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

6.E.b
Packet Pg. 194 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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Packet Pg. 195 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B

LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 196 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT C

LEGAL DESCRIPTION OF LANDSCAPING EASEMENT

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Packet Pg. 197 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT D

DEPICTION OF LANDSCAPING EASEMENT

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Packet Pg. 198 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT E

LEGAL DESCRIPTION OF DRAINAGE EASEMENT

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Packet Pg. 199 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT F

DEPICTION OF DRAINAGE EASEMENT

6.E.b
Packet Pg. 200 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492
WITH COPY TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APN: 002-173-002 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF GUEST ACCESS EASEMENT AGREEMENT
This Grant of Guest Access Easement Agreement (“Agreement”), dated _____________, 2023 (“Effective Date”), is made by and between the City of Healdsburg, a California municipal corporation (“Grantor”) and MDL LLC, a California limited liability company (“Grantee”).

Grantor and Grantee may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 3 North St in the City of Healdsburg (Assessor’s Parcel Nos. (“APNs”) 002-173-002, -003 and -021), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor Property at 421 Foss St, also in the City of Healdsburg (APN 002-173-029), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantor desires to redevelop the Grantor Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

D. On or about August 27th, 2019, Grantor adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantee Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

EXHIBIT J

6.E.b
Packet Pg. 201 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) E. On or about __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction of the Foley Pavilion and the Duchamp Expansion.

F. Section 7 (b) of the MOU specifies that Grantor shall provide Grantee with a permanent easement in gross for Duchamp Hotel guests (“Hotel Guests”) to access Grantee Property by travelling on, over and across a portion of Grantor Property.

G. Grantor now desires to fulfill its obligation under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Easement. Grantor hereby grants to Grantee a permanent, non-exclusive easement in gross (“Guest Access Easement”) for vehicular use by Grantee and Hotel Guests, over and across a portion of Grantor Property (the "Easement Area") described in the legal description set forth in Exhibit C attached hereto and incorporated herein by this reference and depicted in Exhibit D attached hereto and incorporated herein by this reference, subject to the terms and conditions of this Agreement.

2. Time Restriction. The use of Guest Access Easement by Grantee and Hotel Guests shall be limited to times outside of events hosted on Grantor Property. Grantor shall endeavor to inform Grantee of such events with reasonable notice.

3. Controlled Access. Access to the Easement Area shall be controlled by Grantorinstalled and maintained traffic control arms, requiring coded access. If key cards or other physical implements are required for access, they shall be provided by Grantee to Hotel Guests at Grantee’s sole cost and expense. No access shall be provided during events on Grantor Property.

In addition, Hotel Guests will not be permitted to cross the Easement Area on foot or without an express invitation from Grantee. No portion of the Easement Area shall be used for any use that violates any applicable law or constitutes a nuisance.

4. Damage to Grantor Property. Grantee shall be responsible for any damage or destruction to Grantor Property, including the Easement Area, caused by Grantee or Hotel Guests as a result of the use of the Guest Access Easement. Grantee shall promptly repair and replace any damage to Grantor Property caused by utilization of the Guest Access Easement by Grantee or Hotel Guests. In the event Grantee fails to perform the required repairs within thirty (30) calendar days after Grantor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Grantee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Grantor shall have the right, but not the obligation, to perform such work on Grantee’s behalf and invoice

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Packet Pg. 202 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Grantee thereafter. Grantee agrees to pay Grantor upon demand all charges and costs incurred by Grantor in connection therewith.

5. Indemnification. Grantee shall indemnify, defend and hold Grantor, its elected and appointed officials, employees, officers and agents (“Indemnitees”) harmless from and against any loss, cost, damage, expense or claim arising from the use of the Guest Access Easement by Grantee or Hotel Guests in connection with this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitee.

6. Agreement Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.

7. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

8. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

9. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

10. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

11. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantor: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney

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Packet Pg. 203 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) If to Grantee: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 11.

12. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement.

13. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

14. Severability. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

15. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Easement shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger.
[Signatures Appear On Next Page]

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Packet Pg. 204 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTOR:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTEE:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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Packet Pg. 205 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 206 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 207 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

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Packet Pg. 208 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS

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Packet Pg. 209 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B

LEGAL DESCRIPTION GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 210 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT C

LEGAL DESCRIPTION OF EASEMENT AREA

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Packet Pg. 211 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT D

DEPICTION OF EASEMENT AREA

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Packet Pg. 212 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APNs: 002-173-002, -003 and -021 (SPACE ABOVE FOR RECORDER’S USE ONLY)

GRANT OF SIGN ACCESS EASEMENT AGREEMENT
This Grant of Sign Access Easement Agreement (“Agreement”), dated _____________, 2023 (“Effective Date”), is made by and between the City of Healdsburg, a California municipal corporation (“Grantor”) and MDL LLC, a California limited liability company (“Grantee”). Grantor and Grantee may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. Grantor is the fee owner of certain real property located at 3 North St in the City of Healdsburg (Assessor’s Parcel Nos. (“APNs”) 002-173-002, -003 and -021), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Grantor Property”).

B. Grantee is the fee owner of certain real property located adjacent to Grantor Property at 421 Foss St, also in the City of Healdsburg (APN 002-173-029), legally described in Exhibit B attached hereto and incorporated herein by this reference (“Grantee Property”).

C. Grantor desires to redevelop the Grantor Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

EXHIBIT K

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Packet Pg. 213 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) D. On or about August 27th, 2019, the Grantor adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on Grantee Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On or about __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction of the Foley Pavilion and the Duchamp Expansion.

F. Section 7 (c) of the MOU requires Grantor to provide Grantee with a permanent access easement, for the purpose of the installation and maintenance of one (1) directional sign at the entrance of the Grantor Property parking lot from North Street, consistent with the size and specifications provided in Healdsburg Municipal Code (“HMC”) Section 20.16.212.

G. Grantor now desires to fulfill its obligation under the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of Easement. Grantor hereby grants to Grantee a permanent easement (“Sign Access Easement”) over a portion of the Grantor Property to access and maintain one (1) directional sign, the anticipated location of which is depicted on Exhibit C attached hereto and incorporated herein by reference. The directional sign shall generally be located at the entrance of the Grantor Property parking lot from North Street and shall be consistent with the size and specifications provided in Healdsburg Municipal Code Section 20.16.212, with the ultimate design and location requiring review and approval by the Grantor during a future review process.

2. Damage to Grantor Property. Grantee shall be responsible for any damage or destruction to Grantor Property, including the Easement Area, caused by Grantee as a result of the use of the Sign Access Easement. Grantee shall promptly repair and replace any damage to Grantor Property caused by utilization of the Sign Access Easement by Grantee. In the event Grantee fails to perform the required repairs within thirty (30) calendar days after Grantor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Grantee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Grantor shall have the right, but not the obligation, to perform such work on Grantee’s behalf and invoice Grantee thereafter. Grantee agrees to pay Grantor upon demand all charges and costs incurred by Grantor in connection therewith.

3. Indemnification. Grantee shall indemnify, defend and hold Grantor, its elected and appointed officials, employees, officers and agents (“Indemnitees”) harmless from

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Packet Pg. 214 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) and against any and all claims, demands, suits, costs, expenses, liabilities, fines, penalties, losses, damages and injury to person, property or otherwise, including, without limitation, direct, indirect and consequential damages, court costs and reasonable attorney’s fees, arising from or in any respect related to any exercise of or use of the Sign Access Easement by Grantee in connection with this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitee.

4. Agreement Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.

5. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

6. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

7. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

8. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

9. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Grantor: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney
If to Grantee: MDL LLC
P.O. Box 340

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Packet Pg. 215 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 9.

10. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement.

11. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

12. Severability. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

13. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Easement shall be binding in perpetuity upon all successors in interest to Grantor as the owner of the Grantor Property, until and unless sooner terminated or extinguished by (a) written agreement, (b) default, (c) abandonment for a period of no less than six months, or (d) merger.
[Signatures Appear On Next Page]

6.E.b
Packet Pg. 216 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

GRANTOR:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
GRANTEE:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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Packet Pg. 217 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 218 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 219 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF GRANTOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

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Packet Pg. 220 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS

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Packet Pg. 221 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT B

LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 222 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT C

LOCATION OF SIGN

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Packet Pg. 223 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APNs: 002-173-002, -003 and -021 (SPACE ABOVE FOR RECORDER’S USE ONLY)

LICENSE AGREEMENT
This License Agreement (“Agreement”), dated _____________, 2023 (“Effective Date”) is made by and between the City of Healdsburg, a California municipal corporation (“Licensor”) and MDL LLC, a California limited liability company (“Licensee”). Licensee and Licensor may each be referred to as a “Party” and collectively the “Parties”.

RECITALS
A. Licensor is the fee owner of certain real property located at 3 North St in the City of Healdsburg (Assessor’s Parcel Nos. (“APNs”) 002-173-002, -003 and -021), legally described in Exhibit A attached hereto and incorporated herein by this reference (“Licensor Property”).

B. Licensee is the fee owner of certain real property located adjacent to Licensor Property at 421 Foss St, also in the City of Healdsburg (APN 002-173-029) (“Licensee Property”).

C. Licensor desires to redevelop the Licensor Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

D. On or about August 27th, 2019, Licensor adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the

EXHIBIT L

6.E.b
Packet Pg. 224 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) Duchamp Hotel located on Licensee Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

E. On or about __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain interests related to the construction of the Foley Pavilion and the Duchamp Expansion.

F. Section 8 of the MOU requires Licensor to provide Licensee with a revocable license in favor of Licensee for the shared use of the trash, recycling and composting facilities on the Licensor Property.

G. Licensor desires to fulfill its obligations with respect to the MOU.

H. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Issuance of Revocable

2. License. Licensor hereby grants a revocable, non-exclusive license to Licensee (the “Revocable License”) to utilize the trash, recycling, and composting facilities (“Trash Facilities”) on the Licensor Property from time to time for the purpose of waste disposal. The Revocable License shall be valid for a period of ten (10) years from the Effective Date, and shall be renewable by Licensee in Licensee’s sole discretion for a second 10-year term, unless MDL is, as of the first day of any 10-year renewal term, then in breach of the Agreement beyond the applicable time to cure the breach after having received a notice of default from Licensor, in which event Licensor may terminate the Revocable License in its sole discretion, effective sixty (60) days after delivery of a written termination notice to Licensee. Thereafter, the revocable license shall be renewable by the agreement of both parties in writing.

3. Damage to Licensor Property. Licensee shall be responsible for any damage or destruction to Licensor Property, caused by Licensee as a result of the use of the Trash Facilities.

Licensee shall promptly repair and replace any damage to Licensor Property caused by utilization of the Trash Facilities by Licensee. In the event Licensee fails to perform the required repairs within thirty (30) calendar days after Licensor’s written demand, or if such repairs cannot reasonably be completed within thirty (30) calendar days and Licensee fails to commence such repairs within said time period and thereafter diligently prosecute the repairs to completion, then Licensor shall have the right, but not the obligation, to perform such work on Licensee’s behalf and invoice Licensee thereafter. Licensee agrees to pay Licensor upon demand all charges and costs incurred by Licensor in connection therewith.

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Packet Pg. 225 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

4. Indemnification. Licensee shall indemnify, defend and hold Licensor, its elected and appointed officials, employees, officers and agents (“Indemnitees”) harmless from and against any loss, cost, damage, expense or claim arising from the use of the Trash Facilities by Licensee in connection with this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitee.

5. Amendment, Default Notice, and Opportunity to Cure; Termination. This License Agreement shall not be modified without the prior approval of both Parties hereto in writing; however, Licensor reserves the right to terminate the License by 60-day written notice of termination, provided that Licensor has first given Licensee a written notice describing the default in reasonable detail, followed a thirty (30) calendar day opportunity for Licensee to cure the default after delivery of Licensor’s notice of default, or if such cure cannot reasonably be completed within thirty (30) calendar days and Licensee fails to commence such cure within said time period and thereafter diligently prosecute the cure to completion.

6. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

7. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

8. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to Licensor: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney
If to Licensee: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich

9. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement.

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Packet Pg. 226 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

10. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

11. Severability. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

12. Recordation. This License Agreement shall be recorded in the office of the Sonoma County Recorder.
[Signatures Appear On Next Page]

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Packet Pg. 227 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

LICENSOR:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
LICENSEE:

MDL LLC, a ___________ limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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Packet Pg. 228 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 229 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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Packet Pg. 230 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A

LEGAL DESCRIPTION OF LICENSOR PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20

FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN

PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET

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Packet Pg. 231 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2" IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS

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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
WITH COPY TO:

MDL LLC
c/o Mark Luzaich
P.O. Box 340
Windsor, CA 95492

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST FUND
FEE & DOCUMENTARY TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D), Rev &
Tax Code § 11922
APNs: 002-173-002, 002-173-003, 002-173-021, 002-173-029 (SPACE ABOVE FOR RECORDER’S USE ONLY)

SHARED MAINTENANCE AGREEMENT OF FOSS CREEK BRIDGE AND

ASSOCIATED ROADWAY
This Shared Maintenance Agreement (“Agreement”), dated _____________, 2023 (“Effective Date”), is made by and between MDL LLC, a California limited liability company (“MDL”) and the City of Healdsburg, a California municipal corporation (“City”).

MDL and City may each be referred to as a "Party," and collectively the "Parties".

RECITALS
A. MDL is the fee owner of certain real property located at 421 Foss St in the City of Healdsburg (Assessor’s Parcel No. (“APN”) 002-173-029), legally described in Exhibit A attached hereto and incorporated herein by this reference (“MDL Property”).

B. City is the fee owner of certain real property located adjacent to MDL Property at 3 North St, also in the City of Healdsburg (APNs 002-173-002, -003 and - 021), legally described in Exhibit B attached hereto and incorporated herein by this reference (“City Property”).

C. The Parties share reciprocal access easements (“Easements”) over the Foss Creek Bridge and associated roadway (“Foss Creek Bridge and Roadway”), recorded as Document Nos. 19980111225 and 2004024563, respectively, in the Official Records, and

EXHIBIT M

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as described/shown in Exhibits C, D and E, respectively, attached hereto and incorporated herein by this reference.

D. City desires to redevelop the City Property to serve as a permanent location for the Healdsburg Farmers' Market and to establish a community events facility (“Foley Pavilion” or “Project”) for the use and enjoyment of Healdsburg residents, businesses and visitors.

E. On or about August 27th, 2019, City adopted Planning Commission Resolution No. 2019-11 approving a Major Design Review and Heritage Tree Removal for the expansion of the Duchamp Hotel located on MDL Property, comprising the addition of 14 hotel rooms, a new lobby/amenity space, parking area, and landscaping (“Duchamp Expansion”).

F. On __________, 20__, the Parties entered into a Memorandum of Understanding (“MOU”) to allow for the exchange of certain real property interests related to the construction and operation of the Foley Pavilion and the Duchamp Expansion.

G. Section 9 of the MOU requires the Parties to enter into a shared maintenance agreement to officially delineate the maintenance responsibilities of Foss Creek Bridge and Roadway in perpetuity.

H. The Parties now desire to fulfill their obligations under the MOU.

I. The Parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Shared Maintenance of Foss Creek Bridge and Roadway. The Parties hereby affirm and agree that they will equally share the responsibility for the maintenance and/or replacement of the Foss Creek Bridge and Roadway in perpetuity.

2. Standards. The standards for the maintenance of Foss Creek Bridge and Roadway shall be in compliance with all applicable laws and in conformity with safety standards set forth by the State of California and, reasonably, by the City.

3. Need for Repairs. Determination of the need for repair or replacement of Foss Creek Bridge and Roadway, and the cost of such repairs or replacement, shall be made reasonably and in good faith by the City Engineer and MDL, based on the mutual agreement of each Party. Each Party hereby agrees to promptly perform and/or contribute its fair share (50% of total project costs) to the repair or replacement of Foss Creek Bridge and Roadway

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upon written request from the other Party (the “Notifying Party”) detailing the reasonable need for and costs of such repair or replacement, sent in accordance with the notice delivery provisions of Section 16, below (the “Request”).

4. Fair Share Remittance of Funds. If, after delivery of the Request, the Notifying Party performs repair or replacement work to the Foss Creek Bridge and Roadway, the other Party shall remit its fair share of the cost to the Notifying Party within thirty (30) calendar days after the date the Request is issued by the Notifying Party to the other Party.

5. Permits. If the City performs the repair or replacement work, the City will obtain required construction and environmental permits (and be responsible for costs associated therewith), and MDL agrees to allow reasonable construction access and staging on MDL Property in an area designated by MDL in its sole discretion. If MDL performs the repair or replacement work, MDL shall be responsible for obtaining any required construction and environmental permits (and costs associated therewith), and City shall allow reasonable construction access and staging on City Property in an area designated by City in its sole discretion.

6. Gas Tax. The Parties affirm and agree that no gas tax funds or other street funds will be utilized for the repair or replacement of the Foss Creek Bridge and Roadway.

7. Damage/Destruction. Upon any damage or destruction to Foss Creek Bridge and Roadway caused by the conduct of any Party to this Agreement and/or their employees, tenants, customers, agents, invitees, subtenants, guests, concessionaires and contractors, the Foss Creek Bridge and Roadway shall, at the sole cost and expense of that Party be promptly and diligently repaired to the Standards described in Section 2 of this Agreement.

8. Right to Cure. Prior to filing any legal action to enforce the terms of this Agreement, the Party seeking enforcement must first send to the Party alleged to be in breach of the Agreement a written notice of the breach and the Party shall have 30 (thirty) calendar days to cure the breach or such additional time as may be agreed by the Parties in writing.

Such notice shall be sent by one of the methods described in Section 3 of this Agreement.

9. Rights of Parties and Successors. Each Party shall be bound by this Agreement only during the period such party is the fee or leasehold owner of any portion of the City Property and/or MDL Property, respectively, except as to obligations, liabilities or responsibilities that accrue during the period of such ownership. The rights and duties under this Agreement shall run with the land and this Agreement shall bind and inure to the benefit of the Parties, their respective heirs, representatives, lessees, successors and assigns.

10. Reciprocal Indemnification. Each Party, and its successors and assigns, hereby agrees to promptly defend, indemnify and hold the other Party and its members, managers, officers, directors, officials, employees, representatives, consultants and contractors harmless from and against any and all liability, damage, expense (including reasonable attorneys’ fees), causes of action; suits, claims or judgments arising from personal injury, death or property damage and occurring on or within its Easement area, except to the extent caused by the act or negligence of the indemnified Party.

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11. Agreement Term and Termination. The term of this Agreement shall commence as of the Effective Date and shall continue in perpetuity until and unless sooner terminated by written agreement of the Parties.

12. Amendment. This Agreement may be modified only by the written consent of the Parties, evidenced by a document that has been fully executed.

13. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

14. Counterparts. The Parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the Parties hereto, notwithstanding all of the Parties are not signatory to the original or the same counterparts.

15. Venue; Attorneys’ Fees. In the event that any action is brought by either Party hereto as against the other Party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Sonoma, State of California, and the prevailing party shall be entitled to recover, and the other Party agrees to pay (in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys’ fees.

16. Notices. Except as expressly set forth herein, any notice to be given or other document to be delivered by either Party to the other hereunder shall be in writing to the following:

If to City: City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448
Attn: Community Services Director
City of Healdsburg
Public Works Department
401 Grove Street
Healdsburg, CA 95448
Attn: City Engineer

With a copy to: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attn: City Attorney

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If to MDL: MDL LLC
P.O. Box 340
Windsor, CA 95492
Attn: Mark Luzaich
Notices shall be sent (a) via personal delivery, (b) via certified United States Mail with postage prepaid, or (c) via nationally recognized carrier such as Federal Express or UPS with proof of delivery requested and postage prepaid. Notices delivered personally shall be presumed delivered as of actual receipt, notices sent by nationally recognized carrier shall be presumed communicated on the date shown on the proof of delivery or if rejected, the date shown on the proof of rejection, and certified mailed notices shall be presumed communicated as of the date shown on the return receipt or if rejected, the date shown on the proof of rejection. Either Party may change its address by a written notice sent in accordance with this Section 16.

17. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement shall be interpreted as though prepared jointly by both Parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

18. Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

19. Recordation, Term. This Agreement shall be recorded in the office of the Sonoma County Recorder. Upon recordation, the burdens of the Landscaping and Utility Easements shall be binding in perpetuity upon all successors in interest to the Parties, until and unless sooner terminated or extinguished by written agreement.
[Signatures Appear On Next Page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY:

CITY OF HEALDSBURG,
a California municipal corporation
By:

Name: ______________________________
Its: City Manager
Date:
“Effective Date”
APPROVED AS TO FORM:

By:

Samantha W. Zutler, City Attorney
MDL:

MDL LLC, a California limited liability
company
By: ________________________________
Name: Mark Luzaich
Its: Sole Member
Date:

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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
COUNTY OF ______________ )
On ____________________, 20__ before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)

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EXHIBIT A

LEGAL DESCRIPTION OF MDL PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24,

SAID LOT IS DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER

OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF

SAID PROPERTY AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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EXHIBIT B

LEGAL DESCRIPTION OF CITY PROPERTY
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

TRACT ONE: (APN: 002-173-002-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION; THENCE SOUTH 14° EAST 20 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE SOUTH 14° EAST 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST ALONG SAID NORTHERLY LINE OF NORTH STREET 99.3 FEET TO A STATION, THE PLACE OF BEGINNING OF THE LANDS TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF NORTH STREET, SOUTH 77° WEST 58 FEET TO A STATION; THENCE LEAVING SAID STREET NORTH 9°30' WEST 35.2FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9°30' WEST 110.0 FEET TO A STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION; THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST

16.9 FEET TO A STATION; THENCE SOUTH 12°39' EAST 177.9 FEET TO THE PLACE OF COMMENCEMENT.

TRACT TWO: (APN: 002-173-003-000)
COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST, ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST, 76 FEET TO A STATION; THENCE SOUTH 14° EAST, 20 FEET TO THE NORTHWEST CORNER OF THE LANDS, DESCRIBED IN CERTIFICATE OF TITLE NO. 191, THE PLACE OF COMMENCEMENT OF THE LANDS TO BE HEREIN DESCRIBED; THENCE SOUTH 14° EAST, 178 FEET TO A STATION ON THE NORTHERLY LINE OF NORTH STREET; THENCE SOUTH 77° WEST, ALONG SAID NORTHERLY LINE OF NORTH STREET, 99.3 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 12°39' WEST, 177.9 FEET TO A STATION; THENCE NORTH 77° EAST, 95.1 FEET TO THE PLACE OF COMMENCEMENT.

TRACT THREE: (APN: 002-173-021-000)
PARCEL ONE:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 198 FEET TO AN IRON PIN; THENCE SOUTH 77° WEST 76 FEET TO A STATION, THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. THENCE SOUTH 77° WEST 236.55 FEET TO AN IRON PIN

DRIVEN IN THE EASTERLY LINE OF THE RIGHT OF WAY OF THE NORTHWESTERN PACIFIC RAILROAD COMPANY, THENCE SOUTHERLY AND ALONG SAID RIGHT OF WAY 200.70 FEET

TO THE INTERSECTION WITH THE NORTHERLY LINE OF NORTH STREET THENCE NORTH 77° EAST ALONG THE NORTHERLY LINE OF NORTH STREET 97.5 FEET TO A STATION; THENCE LEAVING SAID STREET, NORTH 9° 30' WEST 35.2 FEET TO A STATION; THENCE SOUTH 77° WEST 2 FEET TO A STATION; THENCE NORTH 9° 30' WEST 110.0 FEET TO A

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STATION; THENCE NORTH 12°15' EAST 26 FEET TO A STATION THENCE NORTH 55°45' EAST 26 FEET TO A STATION; THENCE NORTH 77° EAST 112 FEET TO THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CERTIFICATE OF TITLE NO. 191; THENCE NORTH 14° WEST 20 FEET TO THE PLACE OF COMMENCEMENT.

PARCEL TWO:

COMMENCING AT THE NORTHWEST CORNER OF NORTH AND FOSS STREETS IN SAID CITY OF HEALDSBURG; RUNNING THENCE NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 178 FEET TO A STATION, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 13° WEST ALONG THE WEST LINE OF FOSS STREET, 20 FEET TO AN IRON PIN DRIVEN IN THE GROUND; THENCE SOUTH 77°WEST 76 FEET TO A STATION IN THE CENTER OF A SLOUGH; THENCE SOUTH 14° EAST 20 FEET TO A STATION; THENCE NORTH 77° EAST 76 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED RECORDED JUNE 20, 1979, IN BOOK 3583 OF OFFICIAL RECORDS, PAGE 357, SONOMA COUNTY RECORDS.

PARCEL THREE:

LYING WITHIN LOT 19 AS SHOWN UPON THE "MAP OF THE TOWN OF HEALDSBURG", RECORDED IN, BOOK 7 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS AND BEING A

PORTION OF THE LANDS OF CHARLES AND INEZ SCALIONE AS DESCRIBED IN DEED RECORDED IN BOOK 3290, OFFICIAL RECORDS, PAGE 74, SONOMA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2" IRON PIPE ON THE WESTERLY EDGE OF FOSS STREET SAID

POINT BEING THE COMMON EASTERLY CORNER OF SAID LANDS OF SCALIONE AND THE LANDS OF PURITY CHEMICAL PRODUCTS CO., AS DESCRIBED IN DEED RECORDED IN BOOK 2386, OFFICIAL RECORDS, PAGE 435, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY EDGE OF FOSS STREET, NORTH 13° 03' 00" WEST, 5.18 FEET TO A SET 1/2" IRON PIPE; THENCE LEAVING THE EDGE OF FOSS STREET AND FOLLOWING THE LINE OF AN EXISTING FENCE, SOUTH 77° 26' 59" WEST. 324.45 FEET TO A SET 1/2" IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, SOUTH 3° 35' 41" EAST, 8.02 FEET TO A FOUND 1/2"

IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID LANDS OF PURITY CHEMICAL PRODUCTS CO.; THENCE NORTH 76° 55' EAST, 325.75 FEET TO THE POINT OF BEGINNING.

ALL IRON PIPES, SET AND FOUND, ARE TAGGED L.S. 3227.

BASIS OF BEARING: WESTERLY EDGE OF FOSS STREET AS SHOWN UPON RECORD OF SURVEY RECORDED IN BOOK 269 OF MAPS, AT PAGE 29, SONOMA COUNTY RECORDS.

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EXHIBIT C

EXISTING CITY EASEMENT OVER FOSS CREEK BRIDGE AND ROADWAY

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EXHIBIT D
EXISTING MDL EASEMENT OVER FOSS CREEK BRIDGE AND ROADWAY6.E.b Packet Pg. 248 Attachment: Memorandum of Understanding (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

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EXHIBIT E

DEPICTION OF CITY EASEMENT AND MDL EASEMENT OVER FOSS

CREEK BRIDGE AND ROADWAY

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RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City of Healdsburg
Community Services Department
1557 Healdsburg Avenue
Healdsburg, CA 95448

EXEMPT FROM RECORDING FEES,

BUILDING HOMES & JOBS TRUST

FUND FEE & DOCUMENTARY
TRANSFER TAX:

Gov. Code § 27383, § 27388.1(a)(2)(D),
Rev & Tax Code § 11922
(Space Above Line For Recorder’s Use Only)

SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR INTEREST IN THE

PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN A LIEN OR CHARGE OF SOME OTHER OR LATER INSTRUMENT.

THIS SUBORDINATION AGREEMENT (“Agreement”), is made as of this __ day of ____________ 2023, by, between and among MDL, LLC, a California limited liability company (“Owner”), Redwood Credit Union, a California nonprofit (“Lender”) and the City of Healdsburg, a municipal corporation (the “City”), who agree as follows.

WITNESSETH
WHEREAS, Owner is the owner of certain property located in the City of Healdsburg, California, and more particularly described on Exhibit A attached hereto (“Land”).

WHEREAS, the Land is encumbered by an original indebtedness of $2,500,000.00 recorded January 12, 2022 as INSTRUMENT NO. 2022-0002743 of the Official Records. (the “Deed of Trust”).

WHEREAS, Lender is the owner of and record beneficiary under the Deed of Trust.

WHEREAS, Owner and City are parties to certain Easement Agreements dated ________________ (“Easement Agreements”).

WHEREAS, the City would not enter into the Easement Agreements unless the Easement Agreements are and remain at all times a lien or charge upon the Land, prior and superior to the lien or charge of the Deed of Trust.

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Packet Pg. 252 Attachment: Subordination Agreement (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 2 WHEREAS, it is to the mutual benefit of the parties hereto that Owner and City enter into the Easement Agreements, and Lender and Owner are willing to confirm that the Easement Agreements shall constitute a lien or charge upon the Land, which is unconditionally prior and superior to the lien or charge of the Deed of Trust.

NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, it is hereby declared, understood, and agreed as follows:
(i) That the Easement Agreements shall unconditionally be and remain at all times a lien or charge on the Land, prior and superior to the lien or charge of the Deed of Trust on the Land, and Lender and Owner intentionally and unconditionally waive, relinquish and subordinate the lien and charge of the Deed of Trust in favor of the lien and charge upon the Land of the Easement Agreements, as the Deed of Trust may have been or may hereafter be assigned, amended, modified, extended, restated, replaced, renewed or supplemented.
(ii) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust to the lien or charge of the Easement Agreements and shall supersede and cancel, but only insofar as would affect the priority between the Deed of Trust and the Easement Agreements hereinbefore specifically described, any prior agreements as to such subordination, including, but not limited to, those provisions, if any, contained in the Deed of Trust, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages.
(iii) This Agreement may be executed in any number of counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument.

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Packet Pg. 253 Attachment: Subordination Agreement (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 3 MDL LLC
a California limited liability company
By:

Name: Mark Luzaich

REDWOOD CREDIT UNION
A California Nonprofit
By: ___________________________
Name:

Title:

THE CITY OF HEALDSBURG
By:

Name: Jeff Kay
Title: City Manager
[SIGNATURES MUST BE NOTARIZED]

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Packet Pg. 254 Attachment: Subordination Agreement (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

EXHIBIT A
Legal Description of Land
Real property in the City of Healdsburg, County of Sonoma, State of California, described as follows:

BEING A PORTION OF THE LANDS OF PETER AND PATRICIA A. LENZ, AS DESCRIBED BY DEED RECORDED UNDER DOCUMENT NUMBER 1997-0029497, SONOMA COUNTY RECORDS.

COMMENCING AT A FOUND ½ INCH IRON PIPE TAGGED R.C.E. 13451, ON THE WESTERLY EDGE OF FOSS STREET MARKING THE POINT OF BEGINNING OF PARCEL 2, AS DESCRIBED IN THAT CERTAIN DEED TO CHARLES AND INEZ SCALIONE, RECORDED IN BOOK 3290 OF OFFICIAL RECORDS, AT PAGE 74, SONOMA COUNTY RECORDS; THENCE CONTINUING ALONG THE WESTERLY EDGE OF FOSS STREET SOUTH 13° 02' 00" EAST 65.53 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF LENZ, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 26' 59" WEST 324.45 FEET TO A SET ½ INCH IRON PIPE ON THE EASTERLY EDGE OF THE NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 35' 41" WEST 30.55 FEET TO A SET ½ INCH IRON PIPE; THENCE ALONG SAID RIGHT OF WAY NORTH 03° 17' 25" WEST 36.50 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE NORTH LINE OF LOT 24, SAID LOT IS

DESIGNATED UPON THE ORIGINAL TOWN, NOW CITY OF HEALDSBURG AS PER PLAT RECORDED AUGUST 10, 1857 IN BOOK 6 OF DEEDS, PAGE 106, SONOMA COUNTY RECORDS;

THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF PROPERTY

AS DESCRIBED IN THE DEED TO CHARLES SCALIONE AND INEZ SCALIONE, HIS WIFE, RECORDED FEBRUARY 17, 1969 IN BOOK 2378, PAGE 182, OFFICIAL RECORDS, SONOMA COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PROPERTY

AND THE SOUTHWESTERLY LINE OF PROPERTY AS DESCRIBED IN THE DEED TO CHARLES SCALIONE, RECORDED NOVEMBER 23, 1946 UNDER SONOMA COUNTY RECORDER'S SERIAL NO. C-79628, TO THE SOUTHWEST CORNER OF SAID LAST MENTIONED PROPERTY, SAID POINT BEING DISTANT SOUTH 77° 50' 00" WEST 96.48 FEET FROM THE POINT OF COMMENCEMENT; THENCE SOUTH 09° 33' 20" EAST 16.99 FEET; THENCE SOUTH 15° 07' 57" EAST 25.24 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS OF LENZ NORTH 77° 26' 59" EAST 96.58 FEET TO THE WESTERLY EDGE OF FOSS STREET, SAID POINT BEING DISTANT NORTH 13° 02' 00" WEST 24.00 FEET FROM THE SOUTHEAST CORNER OF SAID LANDS OF LENZ; THENCE SOUTH 13° 02' 00" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. LLA #98-2, RECORDED SEPTEMBER 07, 1999 AS INSTRUMENT NO. 1999- 113480 OF OFFICIAL RECORDS.

APN: 002-173-029-000

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Packet Pg. 255 Attachment: Subordination Agreement (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel) 5 STATE OF CALIFORNIA )
) ss:

COUNTY OF SONOMA )
On September _____, 2023 before me, ______________________(here insert name of the officer), Notary Public, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public

STATE OF CALIFORNIA )
) ss:

COUNTY OF ___________ )
On __________ _____, 2023 before me, ______________________(here insert name of the officer), Notary Public, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public

6.E.c
Packet Pg. 256 Attachment: Subordination Agreement (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

STATE OF CALIFORNIA )
) ss:

COUNTY OF ___________ )
On __________ _____, 2023 before me, ______________________(here insert name of the officer), Notary Public, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public

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Packet Pg. 257 Attachment: Subordination Agreement (4065 : Foley Family Community Pavilion Agreements with Duchamp Hotel)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 5, 2023
SUBJECT: Annual Review of Good Faith Compliance with the Terms and Conditions of Development Agreements for the following Projects: 1. Saggio Hills Project (Sonoma Luxury Resort, LLC; Oaks & Olives, LLC) 2. Mill District Project (Replay Healdsburg, LLC; Eden Mill District, LP) 3.

North Village Project (CCS Healdsburg, LLC; Kendal at Sonoma, A Zen Inspired Community)
PREPARED BY: Linda Ruffing, Planning Consultant
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):

Adopt a Resolution finding that Sonoma Luxury Resort LLC, Oaks & Olives LLC are in good faith compliance with the terms and conditions of the Development Agreement for the Saggio Hills project, Replay Healdsburg LLC, Eden Mill District LP are in good faith compliance with the terms and conditions of the Development Agreement for the Mill District Project, CCS Healdsburg LLC, and Kendal at Sonoma, A Zen Inspired Community are in good faith compliance with the terms and conditions of the Development Agreement for the North Village Project.

COMMUNITY ENGAGEMENT/OUTREACH:

The annual review of a development agreement ("DA") is an administrative action that is limited in scope to compliance with the terms of the DA pursuant to Government Code section 65865.1 and Healdsburg Municipal Code section 17.20.050.A. These provisions require that, once every 12 months during the term of a DA, the City Manager shall review the extent of each developer's good faith substantial compliance with the terms of its respective DA.

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This report is brought forward to the City Council to provide transparency to the community regarding the status of the three development projects in Healdsburg that were subject to DAs in the past year: Montage Healdsburg (formerly known as the "Saggio Hills" project), Mill District and North Village, and to evaluate the compliance of each project with its respective development agreement.

It is noted that the Saggio Hills Project DA expired on April 11, 2023, so this is the final annual review for that DA. Comstock transferred Parcel 4 of the North Village site to Burbank Housing Development Corporation in February 2023. Burbank's compliance with applicable provisions of the North Village DA will be evaluated in next year's annual review. Additionally, the City entered into a DA with Freebird Development Company, LLC for the Saggio Hills Affordable Housing Project on April 17, 2023. The first annual review for that DA will be conducted next year.

BACKGROUND:

1. Saggio Hills Development Agreement. On April 11, 2011, the City of Healdsburg entered into a DA ("Saggio DA") with Sonoma Luxury Resort LLC ("SLR") for the Saggio Hills Project (now known as "Montage Healdsburg"). The Saggio DA provided SLR with certain assurances that they may proceed with a development project that includes: a luxury resort with 130 keyed rooms, up to 70 residences, a fire substation, a water pump station, public and private trails, as well as land for an affordable housing development, and land for a public park. SLR was required to pay fees and costs associated with certain project improvements as identified in the Saggio DA. On April 4, 2021, SLR entered into an agreement that transfers and assigns to Oaks & Olives, LLC ("Oaks & Olives) certain rights and obligations of the Saggio DA that pertain to the parcels that Oaks & Olives acquired in conjunction with its purchase of the Montage Resort.

The term of the Saggio DA was for a period of 12 years unless extended or terminated by mutual agreement of the City and SLR. As noted above, the Saggio DA expired on April 11, 2023. The Saggio DA was amended four times prior to its expiration. An Insubstantial Amendment was approved on April 5, 2016 ("1st Amendment"). A second Insubstantial Amendment was approved on May 30, 2019 ("2nd Amendment") and a Third Amendment was approved on January 19, 2021 ("3rd Amendment"). A fourth Insubstantial Amendment was approved on April 11, 2023 prior to the expiration of the Saggio DA ("4th Amendment"). The 4th Amendment facilitated an exchange of property between SLR and Oaks & Olives which resulted in Parcel 7 (owned by Oaks & Olives) being incorporated into Parcel 8 (Public Park Parcel) which was owned by SLR in exchange for the transfer of the Vineyard Easement at the corner of Passalacqua Road and Healdsburg Avenue being transferred from SLR to Oaks & Olives. The 4th Amendment also extended the dates for initiation and completion of construction of the Fire Substation to December 31, 2023 and December 31, 2024, respectively, thereby adding one year to the timeframe for each task. The 4th DA Amendment was recorded in conjunction with the transfer of title to resultant Parcel 7 (Vineyard Easement) to Oaks & Olives and resultant Parcel 8 (Public Park Parcel) to the City.

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2. Mill District Development Agreement. On April 1, 2019, the City entered into a DA ("Mill District DA") with Replay Healdsburg LLC ("Replay") for the Mill District Project. The Mill District DA provides Replay with certain assurances that they may proceed with a development project that includes: a hotel containing approximately 53 guest rooms; up to 208 residential apartments and condominiums (including 40 rental units for occupancy by low-income and very low-income households, 30 multi-family residential units for occupancy by middle-income households, and not more than 138 condominium units to be sold as market rate housing); approximately 15,000 square feet of commercial space; and a variety of amenities including a privately owned and maintained park for public use and enjoyment, public plaza spaces; bicycle racks and shared vehicle charging stations. Replay is required to pay fees and costs associated with certain project improvements as identified in the Mill District DA. The term of the Mill District DA is for a period of 15 years unless extended or terminated by mutual agreement of the City and Replay. When Replay transferred title to Lot 7 (the affordable housing parcel) to Eden Mill District, LP, ("Eden") on April 21, 2021, certain rights and obligations of the Mill District DA were assigned to Eden.

3. North Village Development Agreement. On April 6, 2020, the City entered into a DA ("North Village DA") with CCS Healdsburg LLC ("Comstock") for the North Village Project. The North Village DA provides Comstock with certain assurances that they may proceed with a development project that includes: a senior living community with 221 independent living units, a total of 54 assisted living and memory care beds, and ancillary facilities such as dining options and health/wellness/fitness facilities. Affordable units include 10 independent living units targeted to moderate-income households in the senior living community and 20 units targeted to workers and volunteers serving the senior living community who are in the very low-, low- and moderate-income ranges. The project also includes a 108-key hotel with a restaurant, rooftop bar, meeting spaces and a spa and fitness facility; 12,000 square feet of commercial retail space; and 53 multifamily residential units targeted to a mix of very low-income, low-income and moderateincome households, and 27 units targeted to middle-income households. Comstock is required to pay fees and costs associated with certain project improvements as identified in the North Village DA. The term of the North Village DA is for a period of 10 years unless extended or terminated by mutual agreement of the City and Comstock. On August 20, 2020, Comstock entered into an Agreement with Kendal at Sonoma, A Zen Inspired Community ("Kendal") to assign certain rights and obligations of the North Village DA to Kendal. On February 1, 2023, Comstock transferred a 3.01-acre portion of Parcel 4 to Burbank Housing Development Corporation ("Burbank"). A partial Assignment and Assumption Agreement to assign certain rights and obligations of the North Village DA to Burbank has been executed and is awaiting final approval by the City.

DISCUSSION/ANALYSIS:

The City provided notice of this required annual review to each of the developers who is party to one of the three DAs as follows:

Saggio Hills DA: SLR and Oaks & Olives
Mill District DA: Replay and Eden

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North Village DA: Comstock and Kendal
Each developer provided an update on the status of their project and good faith compliance with the DA, as summarized below.

SAGGIO HILLS DA - SLR. SLR provided a letter demonstrating compliance with the terms of the Saggio Hills DA (Attachment 2) as follows:

1. Parcel 10 ‐ Fire Station Activities: Pursuant to the 3 rd
Amendment to the Development
Agreement, SLR was required to provide mass grading of Parcel 10 and to fund the “Developer Fire Station Contribution” in the amount of $1,599,586. Parcel 10 improvements were accepted by the City of Healdsburg and this Parcel 10 was transferred to the City in January 2023. SLR has deposited the Developer Fire Station Contribution in an escrow account. In accordance with the Saggio DA, it will be released to the City upon issuance of a notice to proceed for construction of the Fire Station.

2. Parcel 8 ‐ Public Park Land Mass Grading & Conveyance: Pursuant to the 3 rd
Amendment, SLR is obligated to complete the mass grading activities for Parcel 8. This mass grading work commenced in the summer of 2021 and was substantially completed in December 2021. Carlile Macy provided the City with a grading certification letter and the work was accepted by City staff. SLR is also obligated to pay to City balance of Public Park Contribution in the amount of $2,710,000. This contribution was funded in April 2023 in conjunction with a 4th Insubstantial Amendment to the Development Agreement effectuating a lot line adjustment and amended grant deeds for resultant Parcels 7 and 8. As noted previously, the 4th Amendment was executed by SLR, Oaks & Olives and the City prior to the transfer of Parcel 8 to the City in April 2023.

3. Northwest Trail Activities: Pursuant to the 3
rd
Amendment, SLR is obligated to
complete the Northwest Trail improvements. This Work was substantially completed in December 2021. The Northwest Trail Easements for Parcels 1 and 3 were recorded in January 2023. The City Council accepted the Northwest Trail on February 6, 2023. SLR put in place a maintenance bond to the City for the Northwest Trail improvements.

4. Parcels 5 & 6 - Affordable Housing Lands Mass Grading, Infrastructure & Conveyance: During the summer of 2021, SLR completed the mass grading for the affordable housing lands (Parcels 5 and 6). This work was substantially completed in December 2021. In 2021, SLR contributed $1,000,000 to the City for the affordable housing project in accordance with the DA. In 2022, the City accepted the mass grading and the construction of infrastructure to serve a future affordable housing project. In 2023, the City reimbursed SLR $1,000,000 for infrastructure expenses per the Saggio DA. Parcels 5 and 6 were transferred to the City of Healdsburg on February 22, 2023.

5. Payment in Lieu Fees: As prescribed in the 3
rd DA Amendment, SLR and the City
reached an agreement on the payment of in lieu fees for the Multi Use Trail, Creek Restoration, Parkland Farms Sidewalk and the deferred improvements on the Passalacqua Road extension. The amount of the payment of in lieu fees from SLR to the City is $5,177,374 and SLR disbursed the funds to the City in April 2023.

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SAGGIO HILLS DA - Oaks & Olives. The following information was submitted by Oaks & Olives (Attachment 3) to demonstrate compliance with the Saggio Hills DA obligations that were assigned to them:

1. Section 2(a) re: maintenance, repair, reconstruction or replacement of Resort/Residential Waterlines.
• No update at this time as the triggering event has not occurred, however, we understand this obligation and will perform.

2. Section 2(b) re: amendment of the Northwest Trail Easement. • The amended Northwest Trail Easement is complete.

3. Section 2(c) re: requirement to dedicate the Multi-Use Trail Easement to City. • The multi-use trail easement was addressed in the 4th DA Amendment. The parcel upon which the multi-use trail easement was contemplated (Parcel 7) was incorporated into Parcel 8 (Public Park Parcel) prior to transfer of Parcel 8 to the City in April 2023.

4. Section 2(d) re: Transient Occupancy Tax Agreement.
• The Montage Resort, as agent for Oaks & Olives, LLC, has been remitting transient occupancy tax ("TOT") to the City.

5. Section 2(e): re: Transient Occupancy Tax Agreement. • Oaks & Olives has not received notice to suggest that the collected TOT dollars do not cover the expense nor have expenses been submitted.

6. Section 2(f) re: water and sewer infrastructure capacity charges. • Oaks & Olives has not been informed of any difference between estimated and actual infrastructure capacity charges.

7. Section 2(g) re: storm drain system infrastructure capacity charges. • No amounts have been submitted for storm drain system infrastructure capacity charges.

8. Section 2(h) re: monitoring and replacement of oak trees. • There have been no meaningful losses of oak trees located on the property however Oaks & Olives has invested significant funds to mitigate any fire risk throughout the resort property.

9. Section 2(i) re: good faith efforts to employ local residents. • Due to the ongoing labor shortages and open positions at the Resort, Oaks & Olives remains fully committed to ensuring that all qualified residents willing to work at the resort are accommodated.

10. Section 2(j) re: maintenance, repair and replacement of Private Trails.

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• Oaks & Olives is working in partnership with SLR to ensure that all private trails are maintained.

MILL DISTRICT DA - Replay. The following information was submitted by Replay (Attachment 4), in accordance with Section 7.5 of the Mill District DA, to demonstrate compliance with the terms of the DA:

1. An accounting of the fees due and paid to City. Since March 2022, the total amount of fees paid to the City is $1,373,349.20, consisting of the following breakdown:
• City Staff and Contract Staff $91,848.25
• City Legal $46,441.50
• Application Fees $9,589.15
• Fire Truck Payment $348,333.33
• Lot 4 Impact Fees $597,437.92
• Lot 4 City Staff and Contract Staff $114,381.10
• Lot 4 Building Permit Fees $165,317.95

2. Any assignments or transfers of the Property.
• Lot 4 was transferred to Canopy Healdsburg, LLC on April 18, 2022.

3. All construction of public improvements under this Agreement. • Most of the public improvement construction is completed. Remaining work includes completion of the joint trench which is being sequenced with construction on Lot 4. Replay is working with City Staff on turning over phases of the public improvements to the City which include 1) Healdsburg Avenue; 2) Portions of South Street and Sawmill Circle so that Eden Housing can obtain their certificate of occupancy; and 3) All remaining components of the public improvements upon completion of Lot 4.
• Construction of the affordable housing development on Lot 7 advanced significantly during 2022, and is nearing completion as of this writing, providing all of the affordable housing requirements under the DA. • Construction of Lot 4 commenced in April 2022, and is well under way.

4. Description of any subsequent project approvals that have been applied for or approved.
• Lot 1 Amenities – A Planning Commission Workshop for the Lot 1 Amenities was held on December 7, 2021.
• Lot 5 Park – A Parks and Recreation Committee hearing was held on December 13, 2022, and a Major Design Review hearing was held on February 14, 2023 during which the design of the park was approved.
• Lot 4 Residential Phased Building Permit – the final permit of the three-phased building permit was issued in November 2022.

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5. Description of any construction activity that has been commenced or completed during the applicable annual review period.
• Public Improvements – As indicated above, most of the construction is complete with remaining work being the joint trench.
• Lot 4 (43 residential units) commenced construction in April 2022.

6. Description of compliance with Section 5.1 through 5.4 of the Agreement.

Section 5.1: Affordable Housing Units
• See above.

Section 5.2: Middle Income Units
• Replay has not submitted major design review applications for any parcel that contains Middle Income Units
Section 5.3: Public Improvements
• See above.

Section 5.4: Additional Developer Contributions.
• Section 5.4(a) – This is no longer applicable. Staff note: Developer contributed funds to Eden to support the Affordable Housing project in prior reporting period.
• Section 5.4(b) – At the time of this letter, Replay has been notified that a consultant has been selected for the Connectivity Funds projects and payment of the first phase of connectivity funds is in processing. • Section 5.4(c) – At the time of this letter, Replay is in receipt of the invoice for its portion of the second financing installment of $348,333.33 for the aerial fire truck and payment is in processing.
• Section 5.4(d) – The lighting and landscape district has and will continue to be a part of the phased public infrastructure turn over discussion with City staff.

7. Description of any enforced delay or permitted delay as provided for under Section

7.6 of the Agreement.
• There have been no enforced delays or permitted delays as provided for under section 7.6 of the Agreement.

MILL DISTRICT DA - Eden. The following information was submitted by Eden (Attachment 5) to demonstrate compliance with the terms of the Mill District DA in accordance with the Partial Assignment and Assumption of the Development Agreement and Estoppel Agreement.

1. An accounting of the fees due and paid to City.

Since March 2022, the total amount of fees paid to the City is $711,777.31 consisting of the following breakdown:
o City Impact/Permit Fees: $711,777.31

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2. Any assignments or transfers of the Property.
• Lot 7 was transferred to Eden Housing in April 2021.

3. All construction of public improvements under this Agreement. • Not Applicable

4. Description of any subsequent project approvals that have been applied for or approved.
• Not Applicable

5. Description of any construction activity that has been commenced or completed during the applicable annual review period.
• Lot 7 (41 units of affordable housing) – Construction commenced April 29, 2021.

Staff note: A temporary certificate of occupancy was issued in May 2023. A final certificate of occupancy is expected to be issued within a couple months.

6. Description of compliance with Section 5.1 through 5.4 of the Agreement re:

Additional Developer Contributions.
• Not applicable per Section 3. Allocation of Rights and Obligations (a)(ii) of the Partial Assignment and Assumption of Development Agreement and Estoppel Agreement.

NORTH VILLAGE DA - Comstock. In accordance with Section 7.5 of the North Village DA, the following information was submitted by Comstock (Attachment 6) to demonstrate compliance with the terms of the DA.

1. An accounting of the fees due and paid to the City. Since February 11, 2022, the total amount of fees paid to the City is $68,513.45 consisting of the following breakdown:
• Permit Fees and Plan Check Fees: $5,500 (Fire Substation Plan check) • Contract planner, staff and City legal: $63,013.45

2. Assignments or transfers of the Property.
• Parcel 4 Portion 2 (3.01 Acres) was transferred to Burbank Housing Development Corporation on February 01, 2023, for the purpose of developing 53 affordable apartments and approximately 12,000 SF of Local Serving Retail Space. • Partial Assignment and Assumption Agreement of the Development Agreement has been executed between CCS Healdsburg and Burbank Housing Development Corporation, subject to final approval by the City.

3. All Construction of public improvements under this Agreement. • A Subdivision Improvement Agreement was issued on July 14, 2021. Major public improvements along Healdsburg Avenue and the traffic signal at the project entry are under construction.

4. Description of any subsequent project approvals that have been applied for or approved.

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• Major Design Review/CUP for Parcel 3 & 4 was approved by the Planning Commission on May 25, 2022.
• Burbank Housing Development Corporation applied for an amendment to the Design Review for Parcel 4 to allow minor design modifications to allow for development of 53 affordable apartment units. The application was conditionally approved by the Planning Commission.
• A Tentative Condominium Map has been applied for to allow transfer of condominium airspace and land use to BHDC and retention by CCS Healdsburg, LLC for development of retail spaces.
• Owner has submitted applications for tentative map and major design review for Parcel 2 to develop 27 Category “C” townhomes with 2-car attached garages.

5. Description of any construction activity that has been commenced or completed during the applicable annual review period.
• Vertical construction for the Enso Village Senior Living Community on Parcel 1 (Kendal at Sonoma) continues with site work, interior and exterior finishes. • Early grading and utilities were completed installing parking lots and underground utilities for parcels 3 and 4.
• Building pads on Parcel 3 were lime treated for winter protection.

6. Amendments to Agreement.
• A request for a 2nd Amendment to the Development Agreement assigning obligations to construct Fire Substation to City of Healdsburg was approved by City Council on April 18, 2022.
• A request for a 3rd Amendment to the Development Agreement to address timing associated with the completion of the Affordable Housing Agreement, was approved by City Council on December 22, 2022.
• A request for 4th Amendment to the Development Agreement to address minor changes to affordability levels for workforce housing, was approved by City Council on April 17, 2023.

NORTH VILLAGE DA - Kendal. The following information was submitted by Kendal (Attachment 7) to demonstrate compliance with the terms of the North Village DA that were assigned to Kendal.

1. Section 4.2 re: Impact Fees. The Agreement and Assignment requires Kendal, as assignee of the Developer, to “pay all applicable impact fees imposed pursuant to the Mitigation Fee Act ... that are in force and effect on a City-wide basis... when such Impact Fees are due in connection with the issuance of building permits or site improvement permits for components of the Project.”
• Kendal was billed and has paid impact fees in the amount of $4,370,384.20 pursuant to the City’s Invoice # INV-00015718, dated August 27, 2021. The above constitutes all impact fees billed by the City to date.

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2. Section 5.4 re: Senior Living Community Affordable Housing. The Agreement and Assignment requires Kendal, as assignee of Developer, to construct 30 units of “Senior Living Community Affordable Housing... twenty [of which] shall be... Very Low Income... and ten [of which] shall be... Moderate Income.” In addition, Developer is required to enter into a Senior Living Community Affordable Housing Agreement with the City.
• Developer and City have entered into an “Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants,” dated June 3, 2020, and recorded as Sonoma County Document 2020049787, which by its terms is intended to serve as the Senior Living Community Affordable Housing Agreement required under the terms of the Development Agreement (the “Affordable Housing Agreement”).
• On April 4, 2022, the City Council approved a 1st Amendment to the North Village Development Agreement which amended the requirements of the Affordable Housing Agreement to increase the required number of Moderate Income units from 10 to 15, to require 5 Low Income units and to reduce the number of Very Low Income units from 20 to 10.
• Kendal has commenced construction of its Senior Living Community facility including the 30 units of Senior Living Community Affordable Housing, but none of such units are now ready or available for occupancy. However, Kendal has received entrance fee deposits from qualifying residents on 10 of the 15 Moderate Income units, and it has made arrangements for tenancy from qualifying residents on all 5 of the Low Income Units and all 10 of the Very Low Income units.

3. Section 5.5(d) re: Housing Guaranty and Satisfaction of Obligations. The Agreement and Assignment requires Kendal to identify and designate the Senior Living Community units before issuance of final certificates of occupancy for the Senior Living Community. • No certificates of occupancy have been issued.

4. Section 5.8 re: PILOT Agreement. The Agreement and Assignment requires Kendal, as assignee of Developer, to enter into and record a Payment-in-lieu of Taxes (PILOT) Agreement within thirty (30) days of issuance of the first building permit for the Senior Living Community facility.
• Kendal and the City have entered into an Agreement for Payment In Lieu of Taxes, dated June 19, 2021, and recorded as Sonoma County Document 2021077992.

REQUIRED FINDING. As required by Government Code section 65865.1 and Healdsburg Municipal Code section 17.20.050.A, the purpose of the annual review of the development agreements is for the City to determine whether each developer has, in good faith, substantially complied with the terms of the applicable development agreement.

Based on the approvals and project-related activities noted in this report, staff recommends that the City Council make a finding of substantial compliance for each DA for this reporting period by adopting the attached resolution (Attachment 1).

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ENVIRONMENTAL STEWARDSHIP:

While the annual review process is administrative and has no environmental effects, each developer is bound by and required to perform all mitigation measures for or relating to their project as contained in and required by the environmental documentation and mitigation monitoring and reporting programs for each project.

ALTERNATIVES:

If the City Manager is not satisfied that a developer is performing in accordance with its respective DA and/or the City Council determines that there are significant questions as to whether a developer has complied with the terms and conditions of its agreement, each DA includes provisions for notification and procedures to cure non-compliance, including but not limited to, termination of the DA in accordance with California Government Code section 65856.1 and the Healdsburg Municipal Code.

FISCAL IMPACT:

There are no fiscal impacts related to the proposed action.

ENVIRONMENTAL ANALYSIS:

This annual review of the City's three DAs is an informational report and is not a project that is subject to environmental review because the annual review report could not possibly impact the environment (California Environmental Quality Act, CEQA Guidelines section 15061).

Therefore, in accordance with the general rule of the California Environmental Quality Act (CEQA), no further environmental review of the annual review report is required.

ATTACHMENT(S):

ATT 1. Reso-2023 DA Annual Review
ATT 2. SLR-2023 DA Review response
ATT 3. Oaks&Olives-2023 DA Review response
ATT 4. Replay-2023 DA Review response
ATT 5. Eden-2023 DA Review response
ATT 6. Comstock-2023 DA Review response
ATT 7. Kendal-2023 DA Review response

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CITY OF HEALDSBURG
RESOLUTION NO. -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG FINDING THAT SONOMA LUXURY RESORT LLC

AND OAKS & OLIVES LLC ARE IN GOOD FAITH COMPLIANCE

WITH THE TERMS AND CONDITIONS OF THE DEVELOPMENT
AGREEMENT FOR THE SAGGIO HILLS PROJECT; REPLAY

HEALDSBURG LLC AND EDEN MILL DISTRICT LP ARE IN GOOD

FAITH COMPLIANCE WITH THE TERMS AND CONDITIONS OF

THE DEVELOPMENT AGREEMENT FOR THE MILL DISTRICT
PROJECT; AND CCS HEALDSBURG LLC AND KENDAL AT

SONOMA, A ZEN INSPIRED COMMUNITY ARE IN GOOD FAITH

COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE

DEVELOPMENT AGREEMENT FOR THE NORTH VILLAGE

PROJECT
WHEREAS, on April 11, 2011, the City of Healdsburg (“City”) entered into a Development Agreement (“Saggio Hills DA”) with Sonoma Luxury Resort LLC (“SLR”) as the owner and developer to allow the development of certain real property consisting of 258.5 acres located in the City of Healdsburg, Sonoma County, and more particularly described in the Saggio Hills DA; and
WHEREAS, as used herein, the term Saggio Hills DA includes that certain Insubstantial Amendment to the Development Agreement dated April 5, 2016, that certain Insubstantial Amendment to the Development Agreement dated May 30, 2019, that certain Third Amendment to Development Agreement dated January 19, 2021, and that certain Insubstantial Amendment to the Development Agreement dated April 11, 2023; and
WHEREAS, the term of the Saggio Hills DA is for a period of twelve (12) years commencing on April 11, 2011 and expiring on April 11, 2023; and WHEREAS, on April 22, 2021, pursuant to a Partial Assignment and Assumption of Developer’s Interest Under Development Agreement, SLR assigned a portion of its interests under the Saggio Hills DA to Oaks & Olives, LLC (“Oaks & Olives”); and WHEREAS, as used herein, SLR and Oaks & Olives shall be referred to as the “Developer” under the terms of the Saggio Hills DA; and
WHEREAS, on April 1, 2019, the City of Healdsburg (“City”) entered into a Development Agreement (“Mill District DA”) with Replay Healdsburg LLC (“Replay”) as the owner and developer to allow the development of certain real property consisting of 9.59 acres located in the City of Healdsburg, Sonoma County, and more particularly described in the Mill District DA; and

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Packet Pg. 269 Attachment: ATT 1. Reso-2023 DA Annual Review (4067 : Annual Review of Development Agreements) Resolution No. -2023