The following sections provide a summary of the results for the 2018 GHG emission inventory, GHG emission forecasts, and GHG reduction target options to be included in the Healdsburg CMS.
GHG Emissions Sectors and Sources
The GHG emissions forecasts presented herein are based on the 2018 GHG emissions inventory calculated for Healdsburg by RCPA as well as population and economic growth projections for Healdsburg. The GHG emissions sources included in the 2025, 2030, 2035, 2040, and 2045 forecasts analysis align with those in the 2018 GHG inventory. The GHG emissions sectors and associated sources included in the inventory and forecasts are provided in Table 1.
Table 1 Healdsburg GHG Emissions Sectors and Sources
GHG Emissions Sector GHG Emissions Source
Transportation On-Road Transportation
Off Road - Diesel
Off Road - Gasoline
Off Road - Natural Gas (LPG)
Electricity1 Residential Electricity Consumption
Non-Residential Electricity Consumption
Natural Gas Residential Natural Gas Consumption
Non-Residential Natural Gas Consumption
Stationary Sources Emissions from Other Stationary Sources in Buildings Water Indirect Electricity Consumption from Water Delivery Wastewater Direct Wastewater Treatment Emissions2
Solid Waste Solid Waste Generated by Community
1. Electricity Consumption includes electricity provided by Healdsburg Electric and Pacific Gas and Electric (PG&E).
2. Direct wastewater treatment emissions are from the following sources: digester gas from anaerobic digesters at wastewater treatment plants.
Healdsburg GHG Emissions Inventory Summary
The GHG emissions forecast analysis presented here is based upon the calculated GHG emissions from each source included in the 2018 GHG emissions inventory developed by RCPA. A detailed summary of the 2018 GHG emissions inventory is provided in Table 2.
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Table 2 Healdsburg 2018 GHG Emissions Inventory Summary GHG Emissions Sector/Source1 Emissions (MT CO2e) Activity Data Activity Data Units Transportation
On-Road Transportation1 51,033 121,325,224 VMT
Off Road - Diesel 1,240 120,418 Gallons
Off Road - Gasoline 1,299 146,795 Gallons
Off Road - Natural Gas (LPG) 198 33,729 Gallons
Electricity
Residential Electricity 4,657 26,186,905 kWh
Non-Residential Electricity 8,427 47,404,624 kWh
Natural Gas
Residential Natural Gas 10,976 2,041,137 Therms
Non-Residential Natural Gas 7,525 1,399,284 Therms
Stationary Sources
Other Stationary Sources 119 N/A N/A
Water
Indirect Electricity from Water Delivery2 274 1,513,826 kWh Wastewater
Direct Emissions from Wastewater Treatment 101 N/A N/A
Solid Waste
Solid Waste Generated/Disposal 7,898 13,754 Tons Landfilled Total2 93,473 N/A N/A
Notes: MT CO2e = metric tons carbon dioxide equivalents; kWh = kilowatt hours; VMT = vehicle miles traveled; N/A = not applicable
1. Activity data and calculated emissions are the values utilized by RCPA in the 2018 GHG Inventory
2. The City utilities include Healdsburg Electric and water utilities, therefore indirect electricity from water conveyance is already included in the electricity sector. Emissions are shown in this table for informational purposes but to avoid double counting are not added in the overall total.
Healdsburg GHG Emissions Forecasts
Healdsburg’s 2018 inventory establishes a reference point for communitywide emissions in a specific year. However, annual GHG emissions change over time and GHG emissions forecasts provide a way to estimate future emission levels based on both the continuation of current activities and external factors such as population and job growth. Forecasts also account for California legislative actions that are anticipated to reduce GHG emissions. Thus, the emissions forecast provides detail on the level of GHG reductions needed to achieve the GHG emissions reduction targets in a future year. Calculating the difference between the forecasted GHG emissions and the reduction target determines the gap to be closed through local actions and policies. This section includes an estimate of the future emissions for Healdsburg in the years 2025, 2030, 2035, 2040, and 2045 in a baseline scenario (baseline) forecast and an adjusted scenario (adjusted) forecast, which are defined as follows:
Baseline scenario- Provides a forecast of how future GHG emissions would change if future activities continued as they did in 2018 and no changes in local or state policies or legislation that would reduce local emissions take place. Emission factors in a baseline forecast remain constant over time.
The baseline forecast is based on growth trends projected in population, housing, employment, and transportation activity over time, consistent with regional projections.
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Adjusted scenario- Provides a forecast of how future GHG emissions would change if future activities continued as they did in 2018 and accounts for the future effects of currently adopted State legislation that would reduce GHG emissions compared from the baseline scenario. The adjusted scenario represents the State’s contribution to reducing local GHG emissions to meet State goals without any additional contribution from local policies or actions.
Baseline GHG Emissions Forecast
The baseline forecast provides an estimate of what the communities GHG emissions would look like in forecast years if current activities continued as in 2018 and emission factors remained constant over time. The baseline forecast does not include new activities or policies since 2018, already planned activities, or state mandates. (State mandates are included in the adjusted forecast.) The purpose of the baseline forecast is to demonstrate the GHG reductions achieved through State legislation over time when compared to the adjusted forecast. The baseline forecast is based on projected trends in population and employment over time and is consistent with local and regional projections. The baseline GHG emissions projections were calculated based on the guidance of the Association of Environmental Professionals 2012 whitepaper, Forecasting Communitywide GHG Emissions and Setting Reduction Targets. The result is a baseline forecast in which GHG emissions change over time in relation to demographics, with the assumption that GHG emissions rates and activity data will continue in the future as they did in the year of the 2018 GHG emissions inventory. This methodology is used for all GHG emissions sectors and sources included in the 2018 GHG emissions inventory except for on-road and offroad transportation. On-road vehicle GHG emissions and off-road equipment GHG emissions were alternatively projected using modeled activity data and emission factors as detailed below. A description of the demographic metrics used to project activity data and associated growth factors for each forecasted GHG emission source are provided in Table 3 and were developed based on the 2018 community GHG emissions inventory. Detailed calculations for the baseline forecast are included in Attachment A.
Table 3 Growth Metrics and Associated GHG Emissions Sectors GHG Emissions Sector GHG Emission Source Associated Growth Metric Growth Metric Data Source Electricity Residential GHG Emissions
Sources
Households CA Dept of Finance;
RCPA Climate Action Plan 2020;
Healdsburg Housing Element
Update Revised Draft
Non-Residential GHG
Emissions Sources
Employment
Natural Gas Residential GHG Emissions
Sources
Households
Non-Residential GHG
Emissions Sources
Employment
Stationary Sources All GHG Emissions Sources Service Population Water All GHG Emissions Sources Service Population
Wastewater All GHG Emissions Sources Service Population Solid Waste All GHG Emissions Sources Service Population The baseline forecast for the Healdsburg planning area relies on the growth and demographic projections used in the RCPA Climate Action Plan 20202
, and the CA Dept of Finance projections on
2 RCPA Climate Action Plan accessed here: https://rcpa.ca.gov/what-we-do/climate-action-2020/
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population growth3. These growth projections were developed prior to the approval of the most recent Regional Housing Needs Allocation (RHNA) for the 2023-2031 housing cycle. As such, the household projections obtained from the RCPA CAP were adjusted to account for Healdsburg’s 2023-2031 RHNA of 476 additional households. Population projections were similarly adjusted to account for the increase in housing in Healdsburg by multiplying the adjusted household numbers by the average persons per household obtained from the RCPA CAP by projection year. Additionally, the Healdsburg Housing Element currently being drafted states that in 2018 the jobs to household ratio in Healdsburg was 1.53.
Jobs in Healdsburg were projected assuming the jobs to household ratio remained consistent over time and by applying the ratio to the housing projections. Table 4 provides an overview of the growth metrics used to project GHG emissions for the forecast calculations.
Table 4 Growth Metrics for Healdsburg GHG Emissions Forecasts Growth Metric1 2018 2025 2030 2035 2040 2045
Population2 11,976 12,025 12,746 12,882 13,018 13,127
Housing3 4,511 4,807 5,085 5,128 5,171 5,215
Jobs4 6,902 7,355 7,779 7,846 7,912 7,978
Service Population 18,878 19,380 20,525 20,727 20,930 21,105 Notes: Service Population = Population + Employment
1. Forecasted demographic data for Healdsburg is based on the RCPA Climate Action Plan 2020. Population data was provided for 2018, 2020, , 2040, and 2050. The City of Healdsburg provided 2021-2022 numbers sourced from the Department of Finance. Housing data was provided for 2015, 2020, 2040, and 2050.
2. Population has been adjusted from RCPA CAP projections to account for Healdsburg 2023-2031 RHNA by multiplying the adjusted households by the average persons per household. The average persons per household values were obtained from the RCPA CAP projections.
3. Healdsburg 2023-2031 RHNA of 476 households was added to the 2030 housing stock projections obtained from the RCPA CAP.
Household numbers after 2031 were projected based on the 2020-2040 compound annual growth rate in housing stock in Healdsburg obtained from RCPA CAP.
4. Job projections are based on the household projections and the jobs to household ratio in 2018 of 1.53 obtained from the Healdsburg Housing Element currently being drafted. Jobs are counted by the place of work occurring within the jurisdiction.
The growth indicators for Healdsburg are provided in Table 5 for each GHG emissions source, excluding on-road vehicles miles traveled (VMT) and off-road fuel consumption which were modeled separately, described in more detail below.
3 Department of Finance Demographic Estimates accessed here: https://dof.ca.gov/forecasting/demographics/estimates-e1/
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Table 5 Growth Indicators for Baseline GHG Emissions Forecast GHG Emissions Source Activity Data Units
Transportation
On-Road VMT N/A SCTM Travel Demand Model
Off Road – Diesel N/A OFFROAD Model
Off Road – Gasoline N/A OFFROAD Model
Off Road – Natural Gas (LPG) N/A OFFROAD Model
Electricity
Residential Electricity 5,804.86 kWh/Household
Non-Residential Electricity 6,868.11 kWh/Employment
Natural Gas
Residential Natural Gas 452.46 Therms/Household
Non-Residential Natural Gas 202.73 Therms/Employment
Stationary Sources
Other Stationary Sources 0.0063 MT CO2e/Service Population Water
Indirect Electricity from Water Delivery 80.19 kWh/Service Population Wastewater
Direct Emissions from Wastewater Treatment 0.005 MT CO2e/Service Population Solid Waste
Solid Waste Generation 0.73 Tons Landfilled/Service Population Notes: SCTM = Sonoma County Travel Model; N/A = not applicable; MT CO2e = metric ton carbon dioxide equivalent; kWh = kilowatt-hour; MG = million gallons
On-Road Activity Data
The Sonoma County Transportation Authority (SCTA) provided the City with VMT data obtained from SCTA’s transportation demand model (SCTM). The current transportation demand model uses 2019 as a baseline year and 2040 as a horizon year. The SCTA attributes all VMT from trips beginning and ending within city boundaries to the city, as well as apportions one-half of the trip distance for any trip with an origin or destination within the community. Trips that begin and end outside of the city boundary are not attributed to the community and are considered pass-through trips. On-road VMT data is not differentiated by vehicle class and is provided as daily VMT which is converted to annual VMT using the annualization factor of 347 days per year, as described in EMFAC2021 documentation. SCTA scales the VMT data to better represent real-world conditions. This is done by adjusting the VMT data using a Caltrans Highway Performance Monitoring System (HPMS) correction factor developed from HPMS data obtained for a given year. The adjusted VMT data is further adjusted to account for any Sphere-ofinfluence (SOI) and/or City limit shifts that occurred in a given year by multiplying the HPMS adjusted VMT by the SOI scaling factors for the year. Because the HPMS correction factor and SOI scaling factor rely on actual roadway and City limit data collected during a given inventory year, the HPMS correction factor and SOI scaling factor cannot be forecasted. As such, for the purposes of forecasting VMT that is representative of the inventory VMT data used, it was assumed that the 2018 HPMS correction factor of
1.22 and the SOI scaling factor of 0.93 will remain constant over time and the raw SCTM VMT data for 2040 was adjusted following SCTA methodology described above.
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SCTA develops weighted emission factors for each speedbin using EMFAC2021 web-based model that was run in emission rate model mode for Sonoma County for each inventory year. The settings were annual average, aggregated model years, all speeds, and all fuels. To ensure that the forecasted on-road emissions data is representative of the methodology used for the inventory, the vehicle categories identified by SCTA as light duty (LDV) or heavy duty (HD) were similarly applied to allocate the total VMT to the passenger or LDV VMT and commercial or HD VMT. Further, the same approach used by SCTA to develop weighted emissions factors from EMFAC2021 data was utilized for the forecast years.
Rincon utilized EMFAC2021 to determine electric vehicle (EV) penetration percent for LDVs and HDs and the quantity of electricity anticipated. For the baseline forecast, EV penetration of 0 percent and the vehicle emission factors remained the same as in 2018. The total VMT and VMT differentiated as passenger or commercial VMT used to calculated baseline emissions is presented in Table 6.
Table 6 Healdsburg Baseline GHG Emissions Forecast On-Road Transportation Data 20181 20253 20303 20353 20402 20454
Total VMT2 121,325,224 134,170,813 143,346,234 152,521,655 161,697,077 177,948,622 Passenger VMT5 116,981,432 129,509,112 138,181,316 146,748,605 155,227,390 170,353,381 Commercial VMT5 4,343,791 4,661,701 5,164,918 5,773,051 6,469,687 7,595,241 Notes: VMT = vehicle miles traveled; MTCO2e = metric tons carbon dioxide equivalents; LDV = light-duty vehicle; HD = heavy-duty vehicles kWh = kilowatt hour; EV = electric vehicle;
1. VMT data was provided by SCTA for 2018 as used in the 2018 inventory with the HPMS correction factor and SOI scaling factor already applied to the raw VMT data.
2. SCTA provided raw SCTM VMT data for 2040 horizon model year. The 2018 HPMS correction factor and SOI scaling factor were applied to the raw SCTM 2040 VMT to forecast the VMT in alignment with the inventory data.
3. VMT for 2025, 2030, and 2040 were linearly interpolated between the 2018 VMT data and adjusted 2040 VMT data.
4. Annual growth between the SCTM baseline year of 2019 and horizon year of 2040 was used to estimate that VMT data for 2045.
5. Total VMT was allocated to passenger and commercial vehicles using the County-wide distribution of VMT obtained from EMFAC2021.
Passenger VMT included the EMFAC vehicles classes LDA, LDT1, LDT2, MDV, MH, MCY, LHD1, LHD2, T6TS, UBUS, and OBUS. Commercial VMT included all other MHDT and HHDT vehicle classes, and SBUS, Motor Coach, and All Other Buses. The classification as LDV or HV was determined by SCTA.
Off-Road Activity Data
Activity data for off-road GHG emissions forecast was modeled separately from the above growth metrics and growth indicators, using the outputs from the CARB web-based OFFROAD2021 model. The OFFROAD2021 database was queried for Sonoma County for the forecast years to obtain fuel consumption for gasoline, diesel, and natural gas. The inclusion of specific equipment sectors from the database query was determined based on their relevance to activities occurring within Healdsburg and remained consistent with previous Healdsburg inventories developed by RCPA. The following equipment sectors are included in the 2018 baseline year inventory and the GHG emissions forecast:
Agricultural
Airport Ground Support
Commercial Harbor craft
Construction and Mining
Industrial
Lawn and Garden
Light Commercial
Oil Drilling
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Pleasure Craft
Recreational Vehicles
Transportation Refrigeration Units
The fuel consumption results of the database query were summarized for all equipment sectors in Sonoma County. Healdsburg was allocated a percentage of county fuel consumption for each sector relative to Healdsburg’s proportion of jobs, population or specific activity (i.e., agriculture or airport) in the county. Specific apportionment factors used to calculate Healdsburg fuel consumption by off-road equipment from countywide fuel consumption were obtained from the 2018 Healdsburg inventory prepared by RCPA and are based on RCPA demographic data presented in the RCPA CAP. For the purposes of forecasting, the same apportionment factors from the 2018 inventory were used for the forecasts and are provided in Table 7. GHG emissions by off-road equipment fuel type are summarized in Table 8.
Table 7 Healdsburg Off-Road Transportation Attribution Metrics Off-road Equipment Category Attribution (% of countywide) Attribution Metric Agriculture 0.36% Agriculture Activity
Airport Ground Support 13.79% Airport Operations
Commercial Harbor Craft 2.39% Population
Construction and Mining 2.32% Employment
Industrial 2.32% Employment
Lawn and Garden 2.42% Households
Light Commercial 2.32% Employment
Oil Drilling 2.32% Employment
Pleasure Craft 2.39% Population
Recreational Vehicles 2.39% Population
Transportation Refrigeration
units
2.32% Employment
Table 8 Healdsburg Baseline GHG Emissions Forecast Off-Road Fuel Consumption Off-road Fuel Category 2018 2025 2030 2035 2040 2045
Diesel 120,418 141,313 150,994 156,109 161,410 166,506
Gasoline 146,795 163,183 171,905 180,306 188,831 195,626 Natural Gas 33,729 37,007 39,535 42,144 45,026 45,026
Notes: All values are of the unit gallons of fuel
Data Source: California Air Resources Board. 2021. OFFROAD2021 v1.0.3 Emissions Inventory. Available:
https://arb.ca.gov/emfac/emissions-inventory/b3e3139ff7a2304c48acb2a0684ab41b38c5c26e. Accessed February 1, 2023.
Emissions Factors
The baseline GHG emissions forecast is representative of a scenario where community activities are generally similar to that of the most recent GHG emissions inventory. As previously described, the activity data for the most recent GHG inventory year of 2020 was impacted both by a wildfire at the geothermal plant impacting energy emissions and by COVID-19 which significantly changed community behaviors including energy use and transportation. As such, the 2018 GHG emission inventory was
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selected to serve as the baseline for the forecast as it is considered the most recent emission inventory representative of typical conditions in the community. Baseline activity data growth is multiplied by the emissions factors used to calculate GHG emissions from the 2018 GHG emissions inventory to generate an estimate of future GHG emissions without influence from GHG reduction policies at the State or local level. The baseline GHG emissions factors for the relevant GHG emissions sources and sectors are provided in Table 9, reported in MT CO2e.
Table 9 Baseline GHG Emissions Factors
GHG Emissions Source GHG Emissions Factor Units
Transportation
On-Road1 0.0004206 MT CO2e/VMT
Off Road - Diesel 0.0103 MT CO2e/Gallons
Off Road - Gasoline 0.0089 MT CO2e/Gallons
Off Road - Natural Gas (LPG) 0.0059 MT CO2e/Gallons
Electricity2
Weighted Residential Electricity 0.00017782 MT CO2e/kWh Weighted Non-Residential Electricity 0.00017776 MT CO2e/kWh Natural Gas
Residential Natural Gas 0.00538 MT CO2e/Therm
Non-Residential Natural Gas 0.00538 MT CO2e/Therm
Stationary Sources
Other Stationary Sources 0.00629 MT CO2e/service person Water
Indirect Electricity from Water Delivery 0.0001807 MT CO2e/kWh Wastewater
Direct Emissions from Wastewater Treatment 0.00536 MT CO2e/service person Solid Waste
Solid Waste Generation 0.574 MT CO2e/Tons Landfilled
Notes: NA = not applicable; VMT = vehicle miles traveled; MT CO2e = metric ton carbon dioxide equivalent; kWh = kilowatt-hour; ADC = alternative daily cover
1. VMT data used in the 2018 inventory does not differentiate between vehicle classification so a single weighted emission factor was developed for all VMT.
2. Electricity emission factors for residential and non-residential are weighted based on the quantity of electricity consumed by each category by provider and the associated emission factor. It is assumed for the baseline forecast that the emission factors for all providers will not change from the 2018 year.
Baseline GHG Emissions Forecast Results
The following provides a summary of the results of the baseline GHG emissions forecast for each source in Healdsburg. The results have been reported in MT CO2e. The baseline forecast projects a gradual increase in GHG emissions above the baseline 2018 GHG emissions inventory from the energy sector, water and wastewater sector, and from solid waste due to projected population growth. Emissions associated with transportation show a significant increase over time attributed to an anticipated increase in VMT for the city. Table 10 and Figure 1 provide a summary of the Healdsburg baseline GHG emissions forecast.
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Table 10 Healdsburg Baseline GHG Emissions Forecast Summary GHG Emissions Source 2018 2025 2030 2035 2040 2045
Transportation
On-Road Transportation 51,033 56,436 60,295 64,155 68,014 74,850 Off Road – Transportation and
Equipment
2,738 3,117 3,309 3,451 3,598 3,711
Electricity1
Residential Electricity 4,657 4,962 5,248 5,293 5,338 5,383 Non-Residential Electricity 8,153 8,699 9,200 9,278 9,356 9,435 Natural Gas
Residential Natural Gas 10,976 11,697 12,371 12,477 12,582 12,688 Non-Residential Natural Gas 7,525 8,018 8,481 8,553 8,626 8,698 Stationary Sources
Other Stationary Sources 119 122 129 130 132 133
Water1
Indirect Electricity from Water
Delivery
274 281 297 300 303 306
Wastewater
Direct Emissions from
Wastewater Treatment
101 104 110 111 112 113
Solid Waste
Solid Waste Generation 7,898 8,108 8,587 8,672 8,757 8,830 TOTAL 93,473 101,544 108,029 112,421 116,818 124,145
Notes: Values in this table may not add up to totals due to rounding. All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e)
1. The City utilities include Healdsburg Electric and water utilities, therefore indirect electricity from water conveyance is already included in the electricity sector. Emissions are shown in this table for informational purposes but to avoid double counting are not added in the overall total.
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Figure 1 Healdsburg Baseline GHG Emissions Forecast (MT CO2e) through 2045 Adjusted GHG Emissions Forecast
Several federal and State regulations have been enacted that would reduce Healdsburg’s GHG emissions in 2025, 2030, 2035, 2040, and 2045. The impact of these regulations was quantified and incorporated into the adjusted forecast to project future emissions growth and the responsibility of the City and community once established State regulations have been implemented. The State legislation included in the adjusted forecast result in GHG emission reductions related to transportation, building efficiency and renewable electricity. A brief description of each regulation and the methodology used to calculate associated reductions is provided in the following, as well as a description of why specific legislation was excluded from the analysis. The following State legislation were applied to the Adjusted Forecasts based on the unique sectors within Healdsburg:
Title 24 Building Energy Efficiency Standards: The California Code of Regulations Title 24, Part 6:
California’s Energy Efficiency Standards for Residential and Nonresidential Buildings, was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption, which in turn reduces fossil fuel consumption and associated GHG emissions. The standards are updated triennially to allow consideration and possible incorporation of new energy-efficient technologies and methods. The 2019 Title 24 Energy Efficiency Standards have come into effect, creating significantly more efficient new building stock. The California Energy Commission (CEC) estimates that non-residential buildings will use 30 percent less energy and that residential homes would use 7 percent less energy compared with 2016 standards, which would increase to 53 percent when new residential developments must include on-site solar generation and near-zero net energy use starting in 2020. While the 2022 Title 24 Energy Efficiency Standards became effective in January 2023, the CEC has not provided specific levels of anticipated reduction in energy use associated with the recent 2022 standards. To remain conservative, the adjusted forecast only accounts for the -
20,000
40,000
60,000
80,000
100,000
120,000
140,000
2018 2025 2030 2035 2040 2045
Emissions (MT CO2e)
Transportation Solid Waste Water/Wastewater Natural Gas Electricity Other Stationary Sources
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estimated energy savings related to 2019 Title 24 Standards. The impact of electrification will be addressed through measure development and quantification. Renewable Portfolio Standard, Senate Bill 100, and Senate Bill 1020: Established in 2002 under Senate Bill 1078, enhanced in 2015 by Senate Bill 350, and accelerated in 2018 and 2022 under Senate Bill 100 and Senate Bill 1020, respectively, California's Renewables Portfolio Standard (RPS) is one of the most ambitious renewable energy standards in the country. The RPS program requires investor-owned utilities, publicly owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 50 percent of total procurement by 2026 and 60 percent of total procurement by 2030. The RPS program further requires these entities to increase procurement from eligible renewables and GHG-free sources to 90 percent by 2035, 95 percent by 2040, and 100 percent of total procurement by 2045. Transportation Legislation: Major regulations incorporated into CARB’s 2021 transportation model (EMFAC2021) include Advanced Clean Car Standards (LEV III, ZEV program, etc.), Senate Bill 1, and Phase 2 Federal GHG Standards. Additional reductions were calculated for the newly promulgated Innovative Clean Transit (ICT) regulations from CARB. Signed into law in 2002, AB 1493 (Pavley Standards) required vehicle manufacturers to reduce GHG emissions from new passenger vehicles and light trucks from 2009 through 2016. Regulations were adopted by CARB in 2004 and took effect in 2009 when the United States Environmental Protection Agency (USEPA) issued a waiver confirming California’s right to implement the bill. The CARB anticipates that the Pavley I standard will reduce GHG emissions from new California passenger vehicles by about 30 percent in 2016, while simultaneously improving fuel efficiency and reducing motorists’ costs.4 Prior to 2012, mobile emissions regulations were implemented on a case-by-case basis for GHG and criteria pollutant emissions separately. In January 2012, CARB approved a new emissions-control program combining the control of smog, soot-causing pollutants, and GHG emissions into a single coordinated package of requirements for passenger cars and light trucks for model years 2017 through 2025. The Advanced Clean Cars program coordinates the goals of the Low Emissions Vehicles, Zero Emissions Vehicles, and Clean Fuels Outlet programs into a single coordinated package of requirements for model years 2017 to 2025. The new standards are anticipated to reduce GHG emissions by 34 percent in 2025.5 Public transit GHG emissions will also be reduced in the future through the Innovative Clean Transit (ICT) regulation, which was adopted in December 2018. It requires all public transit agencies to gradually transition to a 100-percent zero-emission bus fleet by 2040. Under ICT, large transit agencies are expected to adopt Zero-Emission Bus Rollout Plans to establish a roadmap towards zero emission public transit buses.6
Table 11 summarizes the legislation that was applied to each sector in the adjusted forecast. 4 CARB. Clean Car Standards – Pavley, Assembly Bill 1493. May 2013. http://www.arb.ca.gov/cc/ccms/ccms.htm 5 CARB. Facts About the Advanced Clean Cars Program. December 2011. http://www.arb.ca.gov/msprog/zevprog/factsheets/advanced_clean_cars_eng.pdf 6 Innovative Clean Transit. Approved August 13, 2019. https://ww2.arb.ca.gov/sites/default/files/2019-10/ictfro-CleanFinal_0.pdf?utm_medium=email&utm_source=govdelivery
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Table 11 Healdsburg Adjusted GHG Emissions Forecast Sectors and Applicable Legislation GHG Emissions Sector GHG Emissions Source
Transportation On-Road Transportation Transportation Legislation (Advanced Clean Cars Standards, Pavley Standards, Phase 2
Federal GHG Standards)
Off Road - Diesel None
Off Road - Gasoline None
Off Road - Natural Gas (LPG) None
Electricity1 Residential Electricity Consumption Title 24 – applied to new buildings SB 100 – all electricity use
Non-Residential Electricity Consumption Title 24 – applied to new buildings SB 100 – all electricity use
Natural Gas Residential Natural Gas Consumption Title 24 – applied to new buildings Non-Residential Natural Gas Consumption Title 24 – applied to new buildings1 Stationary Sources Other Stationary Sources in Buildings None Water Indirect Electricity Consumption from Water
Delivery
SB 100
Wastewater Direct Wastewater Treatment Emissions None
Solid Waste Methane Commitment of Solid Waste
Generated by Community
None
1. As detailed below, though Title 24 impacts new building it is not anticipated to have a natural gas reduction impact on non-residential buildings under the 2019 Energy Efficiency Standards.
The following State legislation was not included in the emissions forecast calculations:
Assembly Bill 939 and 341: In 2011, AB 341 set the target of 75 percent recycling, composting, or source reduction of solid waste by 2020 calling for the California Department of Resources Recycling and Recovery (CalRecycle) to take a Statewide approach to decreasing California’s reliance on landfills. This target was an update to the former target of 50 percent waste diversion set by AB 939.
As actions under AB 341 are not assigned to specific local jurisdictions, AB 939 has not been included as part of the adjusted forecast and instead measures addressing compliance with AB 939 will be included in the CMS.
Senate Bill 1383: In 2016, SB 1383 established a methane emission reduction target for short-lived climate pollutants (SLCP) in various sectors of the economy. Specifically, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the Statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025 (CalRecycle 2019). Additionally, SB 1383 requires a 20 percent reduction in “current” edible food disposal by 2025. Although SB 1383 has been signed into law, compliance at the jurisdiction-level is un-proven. For example, Santa Clara County, in their SB 1383 Rulemaking Overview presentation (June 20, 2018),7 suggest that the 75 percent reduction in organics is not likely achievable under the current structure; standardized bin colors are impractical; and the general requirement is too prescriptive. As such, SB 1383 has not been included as part of the adjusted forecast. Instead measures addressing compliance with SB 1383 will be included and quantified through GHG reduction measures included in the CMS. 7 Santa Clara County. June 20, 2018. SB 1383 Rulemaking Overview. https://www.sccgov.org/sites/rwr/rwrc/Documents/SB%201383%20PowerPoint.pdf
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GHG Reduction Legislation Calculations
The following methodology was used to calculate energy related GHG emissions reduction related to Title 24 and SB 100.
Title 24: It is assumed that all growth in building energy consumption is from new construction.
Accordingly, Title 24 GHG emissions reduction for natural gas and electricity are calculated as a percentage of the projected increase in energy consumption beyond the baseline 2019 GHG emissions inventory, under the baseline forecast. For projects implemented after January 1, 2020, the California Energy Commission (CEC) estimates that the 2019 standards will have the following energy consumption reduction impact:
▫ 53 percent reduction beyond the 2019 baseline for residential electricity; ▫ 30 percent reduction beyond the 2019 baseline for commercial electricity; and ▫ 7 percent reduction beyond the 2019 baseline for residential natural gas.8 SB 100 and SB 1020: PG&E, Direct Access9
, and Healdsburg Electric that currently provide electricity in Healdsburg are subject to SB 100 and SB 1020 requirements. GHG emissions from electricity consumption are largely determined by the emissions factor associated with the supplied electricity.
Legislative GHG emissions reductions from SB 100 and SB 1020 are calculated as the difference between GHG emissions under the baseline forecast electricity and GHG emissions calculated using a SB 100/ SB 1020-adjusted GHG emissions factor for a given forecast year. An adjusted GHG emission factor is calculated for PG&E and Healdsburg Electric Standard tier by scaling the current electricity GHG emissions factor with the RPS percentage for renewable and zero-carbon electricity required for compliance with SB 100 and SB 1020. Healdsburg Electric anticipates continuing to provide approximately 30 percent of electricity from a geothermal source10 for the Standard Rate.
Therefore, for forecasting the Healdsburg Electric Standard Rate emission factor, geothermal was considered to make up 30 percent of the electricity mix for all future years, while the remaining 70 percent of electricity was scaled to meet the SB 100 and SB 1020 requirements. Because there is a small amount of emissions associated with geothermal power, Healdsburg Electric electricity will have an emission factor even as the electricity mix eliminates the fossil-fuel power sources in compliance with SB 100 and SB 1020. PG&E and Healdsburg Electric have different electricity emissions factors due to differences in their electricity delivery mix. The RPS percentages and associated GHG emissions factors used to determine the adjusted forecast electricity emissions are provided in Table 12. The RPS percentage for Healdsburg Electric’s Green tier of service is 100% with geothermal serving 100% of that power.11 As such, Healdsburg Electric Green tier emission factor is based on the most recent power content label available (i.e., 2021) and is assumed to stay constant through 2045. Note that while both Title 24 and SB 100/SB 1020 influence GHG emissions reductions in the electricity sector, double counting of these reductions is avoided by accounting for Title 24 reductions first and then accounting for reductions from SB 100 and SB 1020. 8 California Energy Commission. 2018. 2019 Building Energy Efficiency Standards Frequently Asked Questions. Available:
<https://www.energy.ca.gov/sites/default/files/2020-03/Title_24_2019_Building_Standards_FAQ_ada.pdf>. Accessed June 21, 2021. 9 Direct Access is a retail electric service option whereby customers may purchase electricity form a competitive non-utility entity called a Energy Service Provider (ESP). Electricity service providers are required to comply with SB100. 10 Geothermal meets the requirements of the RPS as an eligible renewable source of electricity. 11 Due to impacts from a wildfire in 2019, the power in 2020 was primarily served by geothermal sources and supplemented with other renewable sources.
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Table 12 Electricity Provider Forecasted RPS and Electricity GHG Emissions Factors Energy Provider 2025 2030 2035 2040 2045
PG&E
Adjusted Electricity Emission Factor
(MT CO2e/kWh)
0.0000398 0.0000340 0.0000085 0.0000042 0.05
Direct Access1
Electricity Emission Factor (MT CO2e/kWh) 0.0001856 0.0001392 0.0000928 0.0000464 0.05 Green Rate – Healdsburg Electric
Adjusted Electricity Emission Factor
(MT CO2e/kWh)
0.0000449 0.0000449 0.0000449 0.0000449 0.0000449
Standard Rate – Healdsburg Electric
Adjusted Electricity Emission Factor
(MT CO2e/kWh)
0.00015 0.000102 0.000054 0.000034 0.000013
Weighted Community Electricity Emissions Factor2,3,4
Residential Adjusted Electricity Emission
Factor (MT CO2e/kWh)1
0.000150 0.000102 0.000054 0.000034 0.000014
Non-residential Adjusted Electricity
Emission Factor (MT CO2e/kWh)2
0.000149 0.000102 0.000054 0.000034 0.000014
Notes: MT CO2e = metric tons of carbon dioxide equivalent; kWh = kilowatt hour
1. PG&E provides a small amount direct access electricity to non-residential customers. Direct access electricity emission factor based on the 2018 emission factor from the inventory and assumed to go to carbon free by 2045.
2. The Residential Weighted Electricity Emission Factor is developed based on the percent of residential electricity provided by each provider in 2018. It is assumed that the percent of residential electricity provided by each provider remains consistent over time. Based on the 2018 inventory, residential electricity was provided by the providers as follows: ~99.3% by Healdsburg Electric Standard Rate, ~
0.7% by Healdsburg Electric Green Rate.
3. The Non-residential Weighted Electricity Emission Factor is developed based on the percent of non-residential electricity provided by each provider in 2018. It is assumed that the percent of non-residential electricity provided by each provider remains consistent over time. Based on the 2018 inventory, non-residential electricity was provided by the providers as follows:~0.1% by PG&E, <0.01% by Direct Access, ~99.3% by Healdsburg Electric Standard Rate, ~ 0.7% by Healdsburg Electric Green Rate.
4. Green Rate participation increased after 2018 when all City accounts were switched to the Green rate. The weighted factor for the overall community incorporates SB 100 and SB 1020 mandates requiring that renewable energy and zero-carbon sources supply 100 percent of retail electric sales by 2045.
5. PG&E’s power content in 2021 had a large amount of electricity supply from nuclear power and relatively small amount from geothermal and biomass/biowaste. For the purposes of this forecast, the emissions factor is assumed to go to zero by 2045. It is likely that PG&E will need to incorporate eligible renewables that have a small amount of emissions associated with them to achieve RPS requirements. PG&E and Direct Access account for <1% of electricity supply in Healdsburg.
The following methodology was used to calculate transportation related GHG emissions reduction related to various State legislation.
Transportation Legislation: Activity data for the adjusted forecasted on-road transportation VMT was similarly forecasted as the baseline forecast where the growth metrics were applied to the baseline growth indicators for VMT to forecast on-road VMT. Reductions in GHG emissions from the above referenced transportation standards were calculated using CARB’s EMFAC2021 model for Sonoma County. The EMFAC2021 model integrates the estimated reductions into the mobile source emissions portion of the model.12 The degree to which GHG emissions from on-road transportation 12 Additional details are provided in CARB’s EMFAC2021 Technical Documentation, March 2021. (https://ww2.arb.ca.gov/sites/default/files/2021-03/emfac2021_volume_3_technical_document.pdf). Note that the Low Carbon Fuel Standard (LCFS) regulation is excluded from EMFAC2021 because most of the emissions benefits due to the LCFS come from the production cycle (upstream emissions) of the fuel rather than the combustion cycle (tailpipe). As a result, LCFS is assumed to not have a significant impact on CO2 emissions from EMFAC’s tailpipe emission estimates.
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will be reduced can be quantified as the difference between transportation emissions calculated using the 2018 provided emission factors and calculated using the reduced emission factors for the target years. In addition, passenger and commercial electric vehicle (EV) electricity consumption was calculated per forecast year based on EV penetration rates obtained from EMFAC 2021.
Passenger and commercial EV emissions from electricity consumption are subtracted from residential and commercial electricity emissions respectively in the adjusted forecast as emissions from EV charging in the forecast years are captured under the transportation sector. This emissions reallocation is labeled as an “EV adjustment” in the forecasts. The forecasted annual VMT and associated GHG emissions factors used to determine the adjusted forecast on-road emissions are provided in Table 13.
Table 13 Healdsburg Passenger On-Road Transportation Forecast 2018 2025 2030 2035 2040 2045
Total VMT 121,325,224 134,170,813 143,346,234 152,521,655 161,697,077 177,948,622 Weighted Emission
Factor (MT CO2e/mile)
0.0004206 0.0003741 0.0003275 0.0002923 0.0002698 0.0002579 Passenger (LDV) VMT1 116,981,432 129,509,112 138,181,316 146,748,605 155,227,390 170,353,381 Commercial (HD) VMT1 4,343,791 4,661,701 5,164,918 5,773,051 6,469,687 7,595,241 % Passenger EV
Penetration2
0.0% 5.2% 7.8% 9.9% 11.3% 12.0%
% Commercial EV
Penetration2
0.0% 0.7% 7.1% 19.2% 29.5% 36.5%
Passenger EV (LDV) VMT - 6,722,271 10,767,549 14,566,431 17,484,834 20,413,171 Commercial EV (HD)
VMT
- 31,898 366,938 1,107,024 1,905,541 2,770,827
Passenger (LDV) Fuel
Efficiency (kWh/mile)
0.343639 0.355876 0.369772 0.387224 0.401541 0.411350
Commercial (HD) Fuel
Efficiency (kWh/mile)
- 1.410620 1.374296 1.355894 1.351219 1.348309
Passenger (LDV) kWh - 2,392,298 3,981,534 5,640,468 7,020,872 8,396,950 Commercial (HD) kWh - 44,996 504,282 1,501,008 2,574,802 3,735,932 Notes: VMT = vehicle miles traveled; MTCO2e = metric tons carbon dioxide equivalents; LDV = light-duty vehicle; HD = heavy-duty vehicles kWh = kilowatt hour; EV = electric vehicle;
1. Passenger and commercial VMT are calculated based on how SCTA assigned vehicle categories to a LDV or HD classification in emissions calculations where LDV included LDA, LDT1, LDT2, MDV, MH, MCY, LHD1, LHD2, T6IS, UBUS, and OBUS; all other vehicle classes of the EMFAC202x categorization were considered HD. This breakdown was used to estimate increased electricity usage by residential or non-residential buildings.
2. SCTA did not identify EVs as part of the VMT in the 2018 inventory, therefore it is assumed 0% penetration. EMFAC2021 was used to estimate % EV penetration for forecast years based on the vehicle classifications defined by SCTA.
Adjusted GHG Emissions Forecast Results
Compliance with State legislation is expected to result in GHG emissions reduction from the baseline GHG Emissions Forecast in the transportation and energy sectors for residential and non-residential activities. Compliance with the Pavley regulation, which requires automakers to control GHG emission from new passenger vehicles for the 2009 through 2016 model years, and the Advanced Clean Car Program, which combines the control of smog-causing (criteria) pollutants and GHG emissions into a
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single package of regulations including the LEV regulations13, are expected to reduce GHG emissions from transportation. Emissions associated with heavy-duty trucks and transit buses are also anticipated to be reduced through the Advanced Clean Trucks Regulation and Innovative Clean Transit, respectively.
Compliance with Title 24 requirements are expected to reduce GHG emissions from reduced electricity and natural gas consumption in new buildings. Compliance with SB 100 requirements are expected to further reduce GHG emissions associated with the electricity sector by driving GHG emissions associated with electricity to zero by 2045. SB 100 is also anticipated to reduced indirect electricity emissions associated with water and wastewater conveyance and treatment. A detailed summary of the projected GHG emissions under the adjusted forecast by sector and year through 2045 can be found in Table 14 .
Table 14 Healdsburg Adjusted GHG Emissions Forecast Detail GHG Emissions Source 2018 2025 2030 2035 2040 2045
Transportation
On-Road Transportation 51,033 50,194 46,951 44,583 43,631 45,897 Off Road – Transportation
and Equipment 2,738 3,117 3,309 3,451 3,598 3,711
Electricity1
Residential Electricity 4,657 4,394 3,233 1,817 1,189 499 Non-Residential Electricity 8,153 7,346 5,234 2,822 1,785 694 Natural Gas
Residential Natural Gas 10,976 11,646 12,274 12,372 12,470 12,568 Non-Residential Natural
Gas 7,525 8,018 8,481 8,553 8,626 8,698
Stationary Sources
Stationary Sources 119 122 129 130 132 133
Water2,3
Indirect Electricity from
Water Delivery 274 70 74 75 75 76
Wastewater
Direct Emissions from
Wastewater Treatment 101 104 110 111 112 113
Solid Waste
Solid Waste Generation 7,898 8,108 8,587 8,672 8,757 8,830 TOTAL 93,473 93,120 88,381 82,586 80,374 81,219
Notes: Values in this table may not add up to totals due to rounding. All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e)
1. Electricity associated with EV charging due to EV penetration over the 2018 inventory year is added to the building energy sector in the adjusted forecast.
2. The City utilities include Healdsburg Electric and water utilities, therefore indirect electricity from water conveyance is already included in the electricity sector. Emissions are shown in this table for informational purposes but to avoid double counting are not added in the overall total.
3. The City indicated that starting in late 2018, the City switched all accounts to use all Green Rate electricity including water conveyance. 13 The LEV III regulations adopted in 2012 increase emissions standards on GHG for new passenger vehicles through 2025 model year.
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Figure 2 presents the GHG emissions trends in terms of MT CO2e for the Adjusted forecast. Adjusted forecast emissions trend downward over time through 2045 with the decrease becoming more gradual between 2035 and 2045.
Figure 2 Healdsburg Adjusted GHG Emissions Forecast (MT CO2e) through 2045 Table 15 provides the results summary of the GHG emissions forecast for Healdsburg, including the Baseline GHG Emissions Forecast, the Adjusted GHG Forecast, and the expected percentage GHG emissions reduction based on compliance with State GHG legislation.
Table 15 Healdsburg GHG Emissions Forecast Results Summary 2018 2025 2030 2035 2040 2045
Baseline Forecast 93,473 101,544 108,029 112,421 116,818 124,145 Transportation Reductions 0 6,242 13,345 19,572 24,383 28,953 Title 24 Reductions 0 378 733 788 843 899
SB 100/SB 1020 Reductions 0 1,804 5,571 9,475 11,217 13,075 Legislative Adjusted Forecast 93,473 93,120 88,381 82,586 80,374 81,219 Percent Reduction in GHG
Emissions from Legislation
0.0% 8.3% 18.2% 26.5% 31.2% 34.6%
SB = Senate Bill; GHG = greenhouse gas
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Healdsburg GHG Emissions Targets
GHG reduction targets are used to establish measurable metrics intended to guide the community’s commitment to achieve GHG emissions reduction and help gauge progress with reducing emissions over time. GHG targets are developed relative to a baseline emissions level. California has established Statewide GHG reduction goals for 2030 and 2045. The State has encouraged communities to adopt their own plans consistent with these goals in the CARB 2022 Scoping Plan. Thus, local agencies are recommended to establish at a minimum, equivalent reduction targets at the local level by establishing community wide GHG reduction goals for climate action that will help California achieve its 2030 and 2045 GHG emissions goals.
GHG reduction targets can be set as either an efficiency target (MT CO2e per capita) or as a communitywide mass emissions target (total MT CO2e). In CARB’s 2017 Scoping Plan Update, efficiency metrics were identified as potential local targets to normalize population changes and not penalize cities which are growing at significant rates.14 Within this section, targets are discussed in terms of absolute or mass emissions (MT CO2e) and per capita emissions (MT CO2e per person).
Healdsburg GHG Emissions Targets for 2030 and 2045
As the State is continuously setting new GHG emission targets, this allows Healdsburg to choose a variety of GHG emission targets to include in their CMS. These targets include:
State-mandated target for a CEQA qualified Climate Action Plan (SB 32 Minimum Target) ▫ Senate Bill (SB) 32/Assembly Bill (AB) 1279 – 40% below 1990 emissions level by 2030, carbon neutrality by 2045. The State-mandated target (or SB 32 minimum) requires a clear plan to reach the 2030 target of 40% below 1990 levels, and a pathway toward carbon neutrality by 2045. AB 1279 requires the reduction in GHG emissions by 85% below 1990 levels by 2045. The remaining 15% of emissions would be removed via carbon removal technology or natural working lands.
Regional Aspirational targets
▫ Carbon-neutrality by 2030. This target represents the most ambitious target that the RCPA has set for Sonoma County. This target also exceeds Governor Newsom’s recent direction to CARB to explore feasibility of carbon neutrality by 2035. Achieving this target entails an 80% reduction in emissions from 1990 levels coupled with carbon sequestration to meet the remaining 20% of emissions removal to achieve carbon neutrality by 2030.
With GHG emission reduction targets in place, the reduction gap that Healdsburg will be responsible for through local action can be calculated. The CMS will assess the GHG emissions reduction gap based on the difference between the legislative adjusted GHG emissions forecast and the State and Regional GHG reduction targets.
There are two methodologies for calculating the minimum GHG emissions reductions the city will have to monitor to stay on track for supporting these goals. The City could choose to adopt mass emission or per capita targets. Mass emission targets describe emissions in terms of total MT CO2e without any adjustment for population growth. The 2017 California Climate Change Scoping Plan Update includes guidance that details the methodology and benefits of developing per capita targets. The key benefit of a per capita target is that it corrects for population growth, as the target does not become more difficult 14 California Air Resources Board. 2017. California’s Climate Change Scoping Plan, p. 99-102.
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to reach if the City grows faster than projected. Per capita emissions targets are developed by dividing the emissions in each target year by the forecasted population. Mass and per capita emissions targets for each of the potential targets listed above (i.e., state-mandated SB 32/AB 1279 target and RCPA target) are summarized below in Table 16.
Table 16 Summary of Healdsburg GHG Emission Reduction Targets and Gap Analysis Metric 2025 20302 2035 2040 20452
Population1 12,025 12,746 12,882 13,018 13,127
Mass Emissions Adjusted Forecast
(MT CO2e)
93,120 88,381 82,586 80,374 81,219
Per Capita Adjusted Forecast
(MT CO2e per capita)
7.7 6.9 6.4 6.2 6.2
State Emissions Target and Gap
State Mass Emissions Target
(Pathway) (MT CO2e) 71,339 55,530 37,020 18,510 0.0
Remaining Emissions Gap from
State targets (MT CO2e)
21,781 32,851 45,566 61,865 81,219
Per Capita State Targets
(MT CO2e per capita) 6.7 5.9 3.9 2.0 0.0
State Efficiency Emissions Target
(Pathway) (MT CO2e) 80,240 74,746 50,362 25,447 -
Remaining Emissions Gap from
State targets (MT CO2e)
12,881 13,636 32,224 54,927 81,219
RCPA Emissions Target and Gap2
RCPA Mass Emissions Target
(Pathway) (MT CO2e) 49,744 0.0 0.0 0.0 0.0
Remaining Emissions Gap from
RCPA targets (MT CO2e)
43,376 88,381 82,586 80,374 81,219
Per Capita RCPA Targets
(MT CO2e per capita) 4.4 0.0 0.0 0.0 0.0
RCPA Efficiency Emissions Target
(Pathway) (MT CO2e) 52,816 0.0 0.0 0.0 0.0
Remaining Emissions Gap from
RCPA targets (MT CO2e)
40,304 88,381 82,586 80,374 81,219
Notes: MT CO2e = Metric tons of carbon dioxide equivalent; N/A = not applicable Emissions have been rounded to the nearest whole number and therefore sums may not match.
1. Population projections for the GHG inventories (1990,2010, 2015, 2018) and forecasted population projections obtained from CA Dept of Finance, RCPA Climate Action Plan 2020.
2. The RCPA has set a target to exceed the states target by reaching carbon neutrality by 2030 and urges cities within Sonoma County to adopt a similar target.
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Table 17 provides further detail on the portion of the total emissions gap that would need to come from direct emission reductions that the city would achieve through local actions to align with the emission reduction targets. The difference between the total emissions gap and the direct emission reductions is the emission removals that would need to be achieved through carbon sequestration or other carbon removal technologies to reach carbon neutrality.
Table 17 GHG Emission Reduction versus Emission Removal Targets Metric 2025 20302 2035 2040 20452
State Emissions Target and Gap – Mass Emissions Target Pathway Emissions Gap from State targets
(MT CO2e)1
21,781 32,851 45,566 61,865 81,219
Direct Emission Reductions (MT
CO2e)2
21,781 32,851 40,939 52,610 67,336
Emission Removals (MT CO2e)2 0.0 0.0 4,627 9,255 13,882 State Emissions Target and Gap – Efficiency Emissions Target Pathway Emissions Gap from State targets
(MT CO2e)1
12,881 13,636 32,224 54,927 81,219
Direct Emission Reductions (MT
CO2e)2
12,881 13,636 25,928 42,204 61,974
Emission Removals (MT CO2e)2 0.0 0.0 6,295 12,724 19,245 RCPA Emissions Target and Gap - Mass Emissions Target Pathway Emissions Gap from RCPA targets
(MT CO2e)1
43,376 88,381 82,586 80,374 81,219
Direct Emission Reductions (MT
CO2e)2
43,376 69,871 65,619 64,950 67,336
Emission Removals (MT CO2e)2 0.0 18,510 16,967 15,425 13,882 RCPA Emissions Target and Gap – Efficiency Emissions Target Pathway Emissions Gap from RCPA targets
(MT CO2e)1
40,304 88,381 82,586 80,374 81,219
Direct Emission Reductions (MT
CO2e)2
40,304 63,466 59,503 59,168 61,974
Emission Removals (MT CO2e)2 0.0 24,915 23,083 21,206 19,245 Notes: MT CO2e = Metric tons of carbon dioxide equivalent; N/A = not applicable Emissions have been rounded to the nearest whole number and therefore sums may not match.
1. Obtained from Table 16.
2. The targets specify the percent of the carbon neutrality goal that would be achieved through direct emission reductions versus carbon removals via carbon sequestration or other carbon removal technology.
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Figure 3 presents the gap the city will be responsible for to meet the State’s SB 32/AB 1279 emissions reduction targets of 60% and 85% emission reductions from 1990 levels in 2030 and 2045, respectively.
The graph also shows the anticipated level of carbon removals that would be needed to achieve carbon neutrality by 2045 in alignment with AB 1279. Figure 4 presents the gap the city would need to meet to achieve the RCPA target of carbon neutrality by 2030 through an 80% reduction in emissions from 1990 levels coupled with 20% of carbon removals. The targets are shown as mass emissions and as efficiency targets converted to mass emissions.
Figure 3 GHG Emissions Gap Analysis for State Targets
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Figure 4 GHG Emissions Gap Analysis for RCPA Targets
Plan to Meet the Targets
The 2030 and 2045 targets identified above would be achieved through a combination of existing California measures and implementation of local measures identified in the Healdsburg CMS. Local measures will be identified through a comprehensive assessment of existing local and regional policies, programs, actions, and community ideas and by assessing any gaps and identifying additional opportunities. Additional measures will be developed from best practices of other similar and neighboring jurisdictions, as well as those recommended by organizations and agencies, such as the California Air Pollution Control Officers Association (CAPCOA), the Office of Planning and Research, CARB’s 2022 Scoping Plan, and Association of Environmental Professionals (AEP). Measures will be vetted by City staff, interested parties, and the community and the top measures will be quantified to identify their overall contribution to the City’s 2030 and 2045 GHG reduction targets in the Healdsburg CMS.
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Cost of Implementation
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Healdsburg Climate Mobilization Strategy B-1
Cost of Implementation
In coordination with Rincon Consultants, Inc. (Rincon) and the community of Healdsburg, the City of Healdsburg is developing a Climate Mobilization Strategy (CMS) that identifies specific Measures and Actions designed to help reduce greenhouse gas (GHG) emissions within the City. Making progress towards GHG reduction goals will require strategic investments into many City and community elements including infrastructure and technology systems and policies and programs to influence behavior change on the part of the community. To develop transparency around the prioritization of these investments, Rincon has assembled this cost of implementation assessment.
This document includes a preliminary estimate of implementation cost for 15 specific Actions as well as qualitatively details the costs associated with each action and the implementation of each of the 18 Measures as a whole. City staff also provided rough cost estimates for moderate and high-cost actions.
Climate action and sustainability plans exhibit variability in implementation costs depending on the specific Measures identified, their level of effort, time of replacement, alternative costs, and the accompanying funding and financing strategies. For example, costs may vary from capital-intensive investments like the installation of bike infrastructure to encourage alternative means of transportation to less capital-intensive, but more staff-intensive investments related to outreach and education campaigns for increased organic waste diversion. The intent of this assessment is to distill these variable considerations into a document that provides a description of the potential costs, where they will be born, and the primary variables that affect each Measure and Action to help the City prioritize Measure implementation and best work towards GHG reductions. It is important to note that lifespan and accuracy of all cost estimates are limited by external changes or differences related to variables such as market pressures, inflation, fee structure, technological innovation, etc. Thus, the cost estimates presented herein are limited to the information available and reviewed at the time of this document’s preparation and all interpretation and decisions made with this information must be constrained by these and other limitations.
Cost Considerations
Variability in implementation costs depends on the goals identified within Measures, their level of specificity, and the accompanying funding and financing strategies. This assessment considers several types of cost when assessing each Measure and Action. First, this assessment considers internal and external costs. Internal costs are those felt by the City (aka. municipal costs) while external costs are those felt by the residents and businesses (aka. community costs). Second, the assessment considers upfront and lifecycle costs. Upfront costs include the costs associated with purchasing and installing an item. Lifecycle costs include the costs associated with purchasing and installing the item along with operating, maintaining, and disposing of that item. Lastly, the assessment considers comparative costs. This cost represents the difference in cost between an item and a similar item. Costs can include monetary costs, such as purchases and investments, and less tangible costs such as staff and community time.
These costs have been broken down into four categories presented in Table 1.
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Table 1 Cost Categories
Cost Category City Community
No-Cost Goals associated with operational changes that
do not include new upfront costs or result in
zero lifecycle costs.
Continuing existing programs
Goals associated with changes that do not
include new upfront costs or result in zero
lifecycle costs.
Switching transportation modes from single
occupancy vehicles to active transportation.
Low-Cost Goals associated with low upfront costs and will only require staff time to implement, such as:
Developing partnerships
Policy Updates
Community Outreach
Goals associated with low upfront costs
compared to existing alternatives, such as:
Additional energy bill costs for renewable
energy compared to fossil fuel-based energy
ModerateCostGoals associated with moderate upfront costs to the City and require moderate capital costs or
consultant time along with staff time, such as:
Feasibility Studies
Incentive and Compliance Programs
Pilot Projects
Goals associated with moderate upfront costs
that are not comparable to existing costs nor are
offset over lifetime, such as:
New fees from utilities or city taxes
Upfront costs partially offset by rebate
opportunities
High-Cost Goals associated with high upfront costs and
require substantial investments into
infrastructure and technology system upgrades,
such as:
Bike Lanes
Energy Storage Systems
EV Charging Networks
Goals associated with high upfront costs that are
not comparable to existing cost nor are offset
over lifetime, such as:
New electric vehicle purchase prior to
existing vehicle replacement
As part of this assessment, Rincon provides an in depth analysis of cost for 15 specific Actions selected by the City. To provide a more complete estimate of implementation of these specific actions, Rincon collected and analyzed cost data for each of the designated Actions using the following expenditure categories: capital cost, municipal staffing, consultants, and supply and materials. Capital expenditures for a municipality include upfront costs, like installation or infrastructure development, and lifecycle costs, such as operation and maintenance. Capital cost estimates presented herein were obtained from various sources including technical studies, analysis of current markets, information on expenditures provided by the City, as well as information regarding expenditures obtained from other similar cities or projects. Staffing represents the personnel costs by City staff to implement the action and are calculated using the current City of Healdsburg Master Fee Schedule and based on the estimated hours a given staff position would be required to implement the action.1 The city has a limited staff to implement the CMS so there will likely be a need to rely on vendors and consultants to complete some of the actions. The consultant expenditure category captures the cost to hire a consultant to implement various actions, such as developing an ordinance and conducting a feasibility study. Costs for consultants and vendors were developed based on Rincon’s experience conducting these activities and the fee schedule as well as consultant and vendor fees documented by both the City of Healdsburg and other similar California cities. Finally, many actions require materials and supplies to support implementation such as 1 https://healdsburg.gov/DocumentCenter/View/15274/Master-Fee-Schedule-FY-2022-2023
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brochures or meeting materials for outreach activities which are estimated based on the City of Healdsburg Master Fee Schedule and our experience of the level of materials and supplies required.
It is important to note that determining cost for infrastructure relies heavily on specifics that are often determined during a feasibility study and during the planning phase. When possible, ranges or annual budgets related to infrastructure changes have been included, however in many cases it is not yet possible to provide a quantitative evaluation of future infrastructure that has not yet been determined. Additionally, it should be noted that while there are a number of grants, rebates, loans, and financing opportunities available to fund or partially fund many of the actions listed, the funds available is also variable and therefore cost estimates related to amounts available by grants or other financing options have not been included in this assessment.
Table 2 presents the municipal cost analysis for each action in the CMS. It includes a preliminary cost estimate (i.e., quantitative estimates) for the 15 actions selected by the City, as well as, a qualitative cost evaluation and categorization for all other actions, denoted by grey shading in the table below.2 Additional rough cost estimates for City costs were estimated by City staff and are include in italics. Table 3 presents the community cost analysis for each measure in the CMS. It includes a qualitative cost evaluation and categorization for each measure and a quantitative cost estimate when data was available. Unless otherwise noted, all cost estimates are for a one-time expenditure. If a cost is anticipated to be ongoing, the estimated cost and time frame (i.e., annually) are included in the cost estimate.
2 Actions that were not analyzed quantitatively and only received a qualitative cost analysis are denoted in Table 2 with grey shading.
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Table 2 Cost to City for GHG Emissions Reduction Measures and Actions Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Measure BE-1 Procure 85% of electricity from renewable and zero-carbon sources by 2030 and 100% renewable and carbon-free no later than 2045. (2,170 MT CO2e reduction)
BE-1.1 Conduct electrification infrastructure and capacity feasibility studies. This would include:
Develop a long-range community-wide electric energy
and demand forecast to estimate future usage and
peak demands due to adoption rates of building and
transportation electrification. Use the forecast to help inform the amount of new energy sources needed and
system capacity improvements.
Formalize the City’s electric department long-range
(ten-year) electric capital improvement plan with
consideration for necessary infrastructure
improvements to meet future demands.
Using the developed long-range energy and demand
forecast, formalize a pathway (resource-plan) to meet
the City’s energy needs and list of potential resources through 2045. Generation Resources may include a
combination of local and remote generation sites as
well as energy storage.
Prioritize and schedule projects for implementation.
The energy forecast study and formalized plans should identify barriers for implementation of priority projects, as well as identify funding sources, impacts on rates, and partnerships needed for successful implementation.
Moderate Consultant time to conduct
electrification feasibility and
capacity study (moderate)
Staff time [estimated 400 hrs] to
support feasibility and capacity
study research (moderate)
Consultant [$180,000 -
$400,000]
Staff [$70,000 -
$100,000]
Total [$250,000 -
$500,000]
BE-1.2 Develop a resolution that Healdsburg Electric will exceed the requirements of SB 100 and SB 1020 by 2030 where 85% of the electricity mix is sourced from eligible renewable sources and/or carbon-free sources. As part of this resolution include actions of:
1. In setting the target establish valuation rankings for various generation types and projects.
Low Staff time [estimated 160 hrs] to
conduct research and collect data
to develop resolution and to
develop staff reports and
presentations for resolution
adoption (low)
Staff [$15,000 -
$25,000]
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
2. Consider the reliability and cost benefits of energy storage and/or demand response by 2030
3. Continue to offer 100% renewable Green Rate with
consideration that both the Standard and Green rates
will reach the SB 100 goal of 100% renewable and
carbon-free energy by 2045.
4. Indicate that geothermal and other low-carbon
eligible renewables will continue to be included in the overall electricity mix.
BE-1.3 Work with Lodi Energy Center (LEC) project participants to continue to advocate for and support the Department of Energy grant application to fund the LEC hydrogen-electrolyzer project.
Identify and pursue other possible incentives or funding to transition facility to green hydrogen. This will reduce emissions of Healdsburg Electric electricity and increase reliability of the electricity source.
Low Staff time to support the grant
application preparation (low)
Not quantified
BE-1.4 Work with community groups, local organizations, and NCPA to:
Engage with community to advertise/highlight the
adoption of the resolution establishing the goal of
achieving 85% renewable and/or carbon-free
electricity by 2030 and 100% renewable and/or
carbon-free no later than 2045. Provide information
on the process for providing reliable electricity 24/7
year around and the importance of power sources to
ensure the reliability of the electricity provided.
Provide information to the community on the
importance of achieving this goal and how to meet
this goal through city and community actions and
involvement. This may include information on the
benefits of local generation of renewable energy
versus purchasing of Renewable Energy Certificates
(RECs) to promote community installation and use of
solar and battery storage to better achieve local
carbon-free electricity community wide.
Low Staff time to develop partnerships
and perform outreach,
engagement, and education (low)
Materials and supplies for
outreach, engagement and
education events (low)
Not quantified
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Implement a software solution for residents and
businesses to view electric consumption data in near
real time.
Include information on time of energy use as it factors into carbon intensity and how community members
can capitalize on using electricity when it has the
lowest carbon intensity (e.g., when to charge electric
vehicles and when to run space heating and cooling).
Work with industry experts to help with demand
response planning, developing strategies to increase
flexibility of the grid, and for informing consumers of carbon intensity of the electricity they are using to
promote behavior change.
BE-1.5 Partner with community organizations to ensure low/moderate income households are aware of the CARE and State’s HEAP program to receive decreased electricity rates and provide technical assistance.
Low Staff time to develop partnerships
and perform outreach and
education (low)
Not quantified
Measure BE-2 Continue to adopt an Electrification Reach Code for all new residential and commercial buildings with each triannual code cycle. Update electrification ordinance to eliminate natural gas consumption in new construction for the 2025 California Building Standards Code and moving forward. (930 MT CO2e reduction) BE-2.1 Continue to enforce the Electrification Reach Code for the 2022 California Building Standards Code requiring electric space and water heating in new construction.
No-cost Continue staff time to enforce
code (no new cost)
Not quantified
BE-2.2 In 2025 and every 3-years thereafter if not included within State building codes, revisit the building electrification ordinance to update the scope and reduce exemptions to align with industry technology advancements. As part of ordinance update, include the following scope changes:
1. Minimize the exemptions associated with the
ordinance and continue to require the submittal of an
infeasibility waiver to review specific end uses where
electrification is technologically infeasible.
2. Require that any end-use deemed infeasible for
electrification exceed existing Title 24 energy
Low Staff time to update ordinance
(low)
Not quantified
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
efficiency standards and be electric ready for future
electrification.
3. Establish a zero NOx threshold.
4. To limit stranded assets, work with developers and
PG&E to restrict construction of new natural gas lines
for new construction.
5. Streamline permitting for battery storage for use as a demand response tool and resiliency in the event of
power outage.
6. Specify that affordable housing developments will be all-electric to ensure no stranded assets.
7. Revisit substantial remodel and improvement
definitions to be included in the ordinance.
BE-2.3 Engage with the community, key stakeholders, and local-based community organization representing vulnerable communities to raise awareness about building electrification before revising the electrification ordinance. Emphasize the economic and environmental advantages of electrification and address concerns related to emergency response to minimize
exceptions. Publicize the cost savings, environmental benefits, and flexibility of electrification through the City website and permit counters, targeting builders, property owners, and contractors.
Low Staff time to conduct outreach
and education (low)
Materials and supplies for
outreach and engagement (low)
Not quantified
BE-2.4 Engage with interested parties, both internal interested parties, such as City staff and officials, and external interested parties, such as local developers and community groups regarding the purpose and impact of the Healdsburg Electrification Reach Code and to identify and address equity concerns in policy implementation.
Low Staff time to conduct outreach
and education (low)
Materials and supplies for
outreach and engagement (low)
Not quantified
BE-2.5 Engage with affordable housing developers to leverage incentives for new all-electric and efficient low-income residential buildings through the California Energy Commission Building Initiative for Low-Emissions Development (BUILD) Program and the Affordable Housing and Sustainable
Low Staff time to conduct outreach
and education, and research
existing incentive programs to
promote (low)
Not quantified
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Communities (AHSC) Program. Regularly investigate and
leverage other incentive programs available for electrification of new buildings.
Materials and supplies for
outreach and engagement (low)
Measure BE-3 Decarbonize residential building stock by 10% by 2030. (950 MT CO2e reduction) BE-3.1 Assess the feasibility and cost for electrification retrofitting as well as identify potential equity concerns/impacts. Identify the appropriate project threshold to require electric upgrades in order to electrify 10% of existing residential buildings by 2030.
Establish the funding and financing requirements necessary to support the community in this transition.
Moderate Consultant time to conduct
feasibility, cost, capacity and
equity analysis (moderate)
Staff time [estimated 100 hrs] to
work with consultant in analysis,
develop partnerships and working
groups, and perform engagement
(moderate)
Materials for community
engagement activities (low)
Consultant [$50,000 -
$100,000]
Staff [$20,000 -
$30,000]
Materials & Supplies
[$1,000 - $10,000]
Total [$71,000 -
$140,000]
BE-3.2 Continue to monitor the 9th circuit court of appeals of the CRA vs City of Berkeley ruling. Once electrification costs and funding/financing options are identified, develop an-electricpreferred reach code for existing residential buildings during the next building code cycle to be implemented through the
building code for projects that are valued at $250,000 or greater. Include the following aspects in the code development:
1. If necessary, modify the reach code such that it
satisfies the federal Energy Policy and Conservation
Act’s (EPCA) seven criteria for an exemption from
preemption.
2. Establish a zero-NOx standards for replacement
appliances.
3. Establish a time of renovation energy efficiency
performance requirement and electrification
requirement that includes a checklist of cost-effective efficiency and electrification options for renovations
to be completed based on scale of project.
Low Staff and/or consultant time
required to monitor the ruling and
develop the mandatory
requirements within the building
code (low)
Staff time required for adoption of
requirement (low)
Consultant [$25,000 -
$60,000]
Staff [$10,000 -
$20,000]
Total [$35,000 -
$80,000]
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
BE-3.3 Align with SB 379 to implement an online, automated permitting platform. As part of a comprehensive permitting compliance program, include routine training of City staff, dedicating City staff time to building inspections, charging fees for noncompliance, providing easy-to-understand compliance checklists online and with permit applications, and facilitating expedited permitting online.
Low Ongoing staff time to review projects
and implement compliance
program (low)
Grant received and in progress for
online permitting
Staff [$12,000 - $15,000
annually]
BE-3.4 Continue to provide incentives available for community members installing solar and battery storage to their homes such as a Net Metering Program with high-compensation NEM rates, and continue to provide incentives for energy efficiency and efficient electrification upgrades. Provide resource information to the community through websites, workshops, and partnerships. Include outreach to newly sold homes, when homeowners are more likely to make upgrades.
Moderate Staff time [estimated 200 hrs] for
program expansion to include
outreach to newly sold homes
(low)
Consultant time for outreach activities,
develop outreach tool-kit, and
website upkeep (low)
Materials and supplies to provide to
community (e.g., brochures) (low)
Incentives and rebates to offset home
or property owner costs
(moderate)
Net Energy Metering compensation for
excess electricity generation
(moderate)
Staff time [$20,000 -
$35,000]
Consultant [$30,000 -
$50,000]
Materials and Supplies
[$2,000 - $5,000]
Incentives and Rebates
[$200,000 - $300,000
annually]
NEM Compensation
[$0.0888 per kWh netgeneration]
Total [$252,000 -
$390,000]
BE-3.5 Review incentives, rebates, and financing options for procedural equity and ensure that existing and updated incentive programs are being equitably distributed to the community. Develop a suite of Equity Guardrails with input from the community to ensure existing building electrification improves equity in the community.
Low Staff and/or consultant time to
conduct outreach and
engagement and develop equity
metrics (low)
Staff and/or consultant time to
regularly review and update
existing incentives (low)
Not quantified
BE-3.6 Develop an appliance direct install program for Multi-Family income-restricted properties. Consider implementing a
Neighborhood Retrofit Program to improve resiliency in
residential buildings (i.e., on-site power generation and storage, Moderate to
High
Staff or consultant time to develop and
launch program, conduct
outreach, develop partnerships,
Staff/consultant [$100,000
– $200,000 annually]3
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
weatherization, cooling, etc.), with an emphasis on connecting incentives and resources with rental property owners and lowincome residents. Partner with community organizations to utilize existing resources.
and coordinate implementation
(moderate)
Vendor cost to provide appliances and
direct install services (moderate to
high)
Materials and supplies for outreach
activities (low)
Other incentives and rebates included
in BE-3.5
Vendor [up to $2,500,000]3
Materials and Supplies
[$2,000 - $10,000
annually]
Total [$2,600,000 –
2,710,000]
Proposed Budget
[$500,000 annually]4
BE-3.7 Once feasibility studies and cost analysis are completed, dedicate staff time or funding of consultants to pursue funds through CARB, the Investment Reduction Act, and the
Infrastructure Investment and Jobs Act including, but not limited to:
1. DOE block grants
2. Green bonds
3. Grant Anticipation Notes or Short-Term Loans
4. Tax exempt lease purchases
5. Energy as a service
6. Energy Performance Contracting from Energy Service
Companies (ESCOs)
Low Staff time to determine program needs
(low)
Staff time to prepare funding
applications (low)
Not quantified
BE-3.8 Continue to conduct periodic energy efficiency rebates reviews.
Promote existing available rebates and incentives for energy efficiency and electrification from Healdsburg Electric, the State, and the Federal government through partnership with Climate Action Healdsburg to educate the community on ways to
finance electrification.
Low Staff time to review rebates and
conduct community outreach
(low)
Not quantified
3 Estimates on program obtained from March 2023 Staff Report regarding program implementation. 4 The City receives about $500k annually from the Cap & Trade program for GHG reduction programs such as energy rebates, EV charging, etc. Using the funds on this specific Action would limit funds for other programs. The budget is included herein to provide context for potential funds reduced from other programs if this Action is implemented.
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Measure BE-4 Decarbonize non-residential building stock by 10% by 2030. (700 MT CO2e reduction) BE-4.1 Identify non-residential building electrification barriers and analysis supporting future adoption of a non-residential building electric-preferred reach code. Assess the cost range for electrification retrofitting for different industries. Identify the appropriate project threshold to require electric upgrade in order to electrify 10% of existing non-residential buildings by 2030.
Moderate Staff and consultant time to conduct
feasibility strategy (moderate)
Not quantified (to be
completed with Action BE3.1)
BE-4.2 Continue to monitor the 9th circuit court of appeals of the CRA vs City of Berkeley ruling. As part of the next building code cycle, develop an electric-preferred reach code for existing nonresidential buildings to be adopted by 2026 to be implemented through the building code for projects that are valued at $500,000 or greater. As part of this reach code include the following steps:
1. If necessary, modify the reach code such that it
satisfies the federal EPCA’s seven criteria for an
exemption from preemption.
2. Encourage commercial buildings to comply with the
Commercial Energy Performance Assessment and
Disclosure Program (AB 1103).
3. Establish a zero-NOx standards for replacement
appliances.
4. Enforce the permitting of replacement appliances
through the same permitting compliance program as
for residential building electric-preferred reach code.
Low Staff and/or consultant time required
to develop the mandatory
requirements within the building
code (low)
Staff time required for adoption of
requirement (low)
One full-time staff member hired to
implement compliance program
(moderate)
Consultant [$25,000 -
$50,000]
Staff [$10,000 - $20,000]
Staff [$120,000 - $150,000
annually]
*If this Action is developed
in concert with Action BE3.2 and Action BE-3.3
there would not be a cost
associated with this Action
BE-4.3 Develop an education campaign to promote electrification and include items in the program such as:
1. Conduct engagement efforts for the commercial
sector to identify ways the City can support commercial energy storage installations and neighborhood scale
microgrid opportunities.
2. Facilitate funding opportunities for commercial
business electrification by identifying and supporting grant Low Staff and/or consultant time to develop
and implement an education
campaign (low)
Staff time to conduct outreach and
education (low)
Materials and supplies for outreach
and engagement, including bill
inserts (low)
Not quantified
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
opportunities available to the community, prioritizing small and community owned.
3. Implement feedback provided during the community
outreach process for small businesses and communityowned businesses to address potential equity impacts of the building performance program.
4. Utility bill inserts to advertise the incentive programs or grants available and the cost benefits of electric
appliances
5. Targeted outreach to builders, developers, local
contractors, and property managers with an informational brochure describing the financial benefits of replacing natural gas appliances with all electric appliance when they apply for permits
6. Provide informational webinars and an updated
website to advertise and promote All-Electric Building
Initiative rebates and incentives
1. Promote the use of the Energy Star Portfolio Manager program and benchmarking training programs for
nonresidential building owners.
BE-4.4 Continue to partner with electrification/efficiency experts to provide guidance to commercial buildings covered by the new code(s) and/or ordinance(s).
Low Continue partnerships to provide
technical assistance (low)
City staff estimate current
costs at less than $10,000
per year, depending on
technical support needed.
BE-4.5 Partner with the Healdsburg businesses and the Chamber of Commerce to inform and facilitate electrification for commercial business owners.
Low Staff time to develop partnerships and
conduct outreach (low)
Not quantified
Measure BE-4A Decarbonize 50% municipal buildings and facilities by 2030.
BE-4A.1 Develop a resolution to decarbonize 50% of municipal buildings and facilities by 2030 and 100% by 2045, by retrofitting natural gas appliances with electric alternatives. Include in the resolution an ‘electric first’ purchasing policy for any equipment or appliances in need of replacement.
High Staff time [60 hrs] to develop
resolution and develop
replacement schedule (low)
Consultant to conduct natural gas
appliance audit (moderate)
Staff [$8,000 - $12,000]
Consultant [$40,000 –
$60,000]
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Capital/comparative cost for appliance
and lighting replacements and
building retrofits as needed (high)
Long-term energy bill savings (nocost)5
Capital/comparative
investment [$35-
$200/square foot]6
Cost savings [~ $2,000 over
15 years]7
Total per 50,000 square
feet [$1,796,000 -
$10,070,000]
BE-4A.2 Conduct a feasibility study to understand current decarbonization and barriers to installing additional distributed energy resources such as solar and battery storage, or other renewable energy generation infrastructure, at municipal facilities. Plan for directing resources through the city for funding, energy storage, and distributed energy resources.
Direct municipal efforts to sourcing space for energy storage projects, microgrid implementation, and future electrification.
Moderate Staff and consultant time to conduct
feasibility study (moderate)
City staff estimate costs
between BE-3.1 and BE-3.2
[$35,000 - $140,000].
BE-4A.3 Gain funding for and complete a Wastewater treatment plant energy efficiency study and implement the highest impact recommendations.
High Staff time to acquire funding (low)
Staff and consultant time to conduct an
energy efficiency study
(moderate)
Capital costs to implement study
recommendations (high)
City staff estimate:
Staff time to acquire
funding [$5,000]
Staff/consultant time to
conduct study
[$45,000 - $85,000]
Capital costs may vary
widely depending on
recommendations
5 A portion of gas distribution costs is covered by the customer’s gas bill payments, by electrifying this incremental cost is saved. Accessed at: https://rmi.org/insight/the-economics-of-electrifyingbuildings/ 6 The cost to retrofit commercial buildings is highly variable depending on the retrofit, existing conditions, type of building, equipment available, etc., Furthermore, electric retrofits often show cost savings overtime. Recent studies found that for a typical office building electric retrofits would cost on average $25 - $150 per square foot. Accessed at: https://rmi.org/wpcontent/uploads/2017/04/Pathways-to-Zero_Bldg-Case-for-Deep-Retrofits_Report_2012.pdf 7 https://rmi.org/insight/the-economics-of-electrifying-buildings/
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
[$10,000 -
$1,000,000+]
Total [$60,000 -
$1,090,000]
Measure T-1 Implement programs that increase access to safe active transportation, such as walking and biking, that achieve 15% of active transportation mode share by 2030. (350 MT CO2e reduction)
T-1.1 Work with Sonoma County Transportation Authority (SCTA) to update the 2013 Existing and Planned Bicycle and Pedestrian Facilities for City of Healdsburg with new planned and
completed projects by 2025. As part of the update consider including:
1. Identified projects from the 2013 plan not yet
implemented and include a progress update and/or
reasons that identified projects were determined
infeasible in updated Master Plan
2. Safe Routes to School plan
3. Increased biking infrastructure off the main street to enhance connectivity throughout the City and/or in
communities where there is currently no or limited
infrastructure
4. In partnership with surrounding communities, identify opportunities for infrastructure improvements or
expansions to enhance cross-community active
transportation
5. Explore streets for permanent through traffic closures to promote walking, biking, and other forms of active
transportation with a focus on closing off downtown
6. Explore areas of the City to remove parking and/or
additional traffic lanes to prioritize outdoor seating
and dining
High Consultant time to develop Safe Routes
to School Plan (SRSP) (moderate)
Staff [estimated 300 hrs] time to work
with SCTA to update Bicycle and
Pedestrian Plan (moderate)
Consultant or staff time to conduct
analysis (e.g., identification of
areas for through traffic closure,
equity analysis) for update
(moderate)
Materials and supplies needed for
outreach and engagement events
throughout process of updating
document (low)
Capital cost for increasing and
improving biking infrastructure
(high)
Capital cost for street closures
(moderate)
Initial Planning Cost
Consultant - SRSP
[$100,000 - $210,000]
Consultant – analysis
[$150,000 - $300,000]
Staff [$45,000 - $60,000]
Materials and Supplies
[$5,000 - $10,000]
Total [$300,000 –
$580,000] (some costs
potentially supported
by grant for plan
update)
Infrastructure Cost
Bike Infrastructure
[$325,000 - $650,000
per mile]8
Street Closures [$50,000 –
$150,000 per short -
term closure
location]8
8 Capital costs for infrastructure obtained from following study and include 30% inflation since time of study. Accessed at:
https://www.pedbikeinfo.org/cms/downloads/Countermeasure%20Costs_Report_Nov2013.pdf
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
7. Determine equity barriers to safe bike and pedestrian infrastructure.
T-1.2 Continue to utilize discretionary funds to implement the bicycle and pedestrian infrastructure improvements and updates such as the protected bike lanes along Healdsburg Avenue and reduction of through lanes on Healdsburg Avenue (e.g.,
Healdsburg Avenue Improvement Project). Select consultant to finalize designs for Healdsburg Avenue Improvement Project by end of 2023 to aim for project completion end of 2028.
Improvement projects underway include:
1. Healdsburg Avenue Complete Streets improvements
2. Grove Street improves including ADA compliance
3. Foss Creek & Front Street connections
4. Saggio Hills Foss Creek Pathways Extension
High Staff and consultant time to finalize
designs (low)
Infrastructure investment (high)9
Capital costs to implement bicycle and
pedestrian infrastructure
improvements (high)
City staff estimate for
current projects underway:
Healdsburg Ave [$15M]
Grove Street [$3-4M]
Foss & Front [<$1M]
T-1.3 Support the Sonoma County Bicycle Coalition and local community groups to facilitate community outreach and
education on transportation alternatives and promote
infrastructure improvements and expansion, such as Foss Creek Trail. Continually improve methods for engaging the community, gathering input, and utilizing it to prioritize projects from the Bicycle and Pedestrian Master Plan. Promote and distribute regionally available tools, such as bike maps, bus routes and schedules, etc. to the community and to hotels and tourism centers to increase visitor use of active transportation.
Low Staff time to develop partnerships and
conduct outreach and education
(low)
Materials and supplies for outreach
and engagement (low)
Not quantified
T-1.4 Develop the Pilot Bike Share Program into a permanent and dependable bike share network that provides access to key destinations throughout the City, and work with regional partners including SMART and others, to assess potential for a regional bike share system. Include educational outreach and campaigns promoting use of the re-inspired program.
Moderate Staff time to develop regional
partnerships and conduct
outreach and education (low)
Staff time and capital costs to develop
program (moderate)
Current 3-year pilot costs
approximately $100,000
per year. Staff estimate
future costs of $100,000-
$150,000 annually, and
would encourage bike
share vendor to seek local
business sponsorship.
9 Rough estimates provided by City of Healdsburg Public Works Department
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
T-1.5 Coordinate regionally through Sonoma County leveraging the regional active transportation plan to facilitate cross-community active transportation improvements, such as SMART multi-use path and Great Redwood Trail. As part of this action include community outreach and education on active transportation improvements to affected areas as well as the community.
Low Staff time to conduct education and
outreach and coordinate
infrastructure improvements with
regional partners (low)
Not quantified
T-1.6 Evaluate existing bike parking facilities and evaluate what improvements can be made to increase supply, reduce theft, and increase rider attraction. This would include surveying existing bike parking facilities throughout the city and developing policies to increase and/or improve these facilities with preference given to improving bike parking facilities near public transit stops and expand access to safe transit (i.e., first and last-mile access). Include analysis of last mile limitations and hurdles. Explore ways to require safe, secure bike parking and/or bike lockers as part of large commercial and multi-family projects.
Moderate Staff and consultant time to conduct
evaluation and identify
opportunity improvements
(moderate)
City staff estimate costs to
be similar to BE-3.1 and BE3.2 [$35,000 - $140,000].
Initial budget of $10,000
T-1.7 Support the tourism and business sectors of the greater Healdsburg County region to increase active transportation from tourists and employees.
Low Staff time to develop partnerships and
identify opportunities (low)
Not quantified
T-1.8 Partner with local bike shops to provide subsidies to low-income residents for bicycles, helmets, pumps, and other bicycle equipment. Continue to offer e-bike rebates with increased rebate opportunities for low-income customers. Implement an income-qualified coupon for the e-bike share program, in addition to the available 50% discounted e-bike share rate.
Moderate Staff time to develop partnerships
(low)
Capital costs to increase and provide
new rebates (moderate)
City staff estimate $50,000
annually.
Measure T-2 Implement programs for public transportation that achieve 10% of public transit mode share by 2030. (2,000 MT CO2e reduction) T-2.1 Partner with SCT to conduct a feasibility study to inform the development of a tourism-based mobility plan aimed at
decreasing tourism-based single passenger vehicle use. In this study:
Moderate Consultant time to conduct feasibility
study (moderate)
Staff [200 hrs] time to work with SCT or
consultant on feasibility study and
Consultant [$60,000 -
$100,000]
Staff [$25,000 - $40,000]
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
1. Identify community boundary locations for tourism
designated parking and optimal route connectivity.
2. Identify opportunities for town shuttle services and park-and-ride locations for residents and tourists.
3. Pilot study on private funded transportation to
wineries.
4. Gauge potential of private partnerships with big
tourism destinations such as wineries and local
businesses to implement direct public transit routes
between park and ride and the relevant tourist
destinations.
develop/implement pilot project
(low)
Capital cost to develop and implement
pilot study (moderate)
Pilot Study [$200,000 -
$300,000]10, 11
Total [$285,000 -
$440,000]
T-2.2 Partner with regional organizations or community groups to conduct local transportation surveys to better understand the community’s needs and motivation for traveling by car versus other alternatives such as the bus. Use survey results to inform policy development and education/outreach campaigns that are transit focused.
Low Staff time to develop regional
partnerships and conduct
community surveys (low)
Not quantified
T-2.3 In the identification of access improvements to transportation include design improvements of seating and shading at bus stops and along active transportation routes. Partner with SCT to incorporate design changes throughout infrastructure modifications.
Moderate Staff and consultant time to design bus
stop improvements (moderate)
Staff time to work with STC to
incorporate design improvements
(low)
Capital cost for bust stop infrastructure
improvements (e.g., street
furniture, shade) (moderate)
City staff estimate costs
similar to T-1.6 [$35,000 -
$140,000], plus the
infrastructure costs which
may vary depending on the
modifications.
T-2.4 Work with SCT to ensure public transportation access and improvements are prioritized in low-income areas, active aging neighborhoods, schools and at major destinations. This could Moderate Staff and/or consultant time to
conduct survey and develop a plan
(moderate)
City staff estimate costs
similar to T-1.6 [$35,000 -
$140,000].
10 Assumed a one-year pilot study costing ~$100/hr based on average rates for shuttles locally, operations 7 days a week from 10 am to 6 pm (hours of winery operations). 11 Based on conversations between Public Works Director and SMART on the on-demand e-shuttle. Assumed that pilot study for transportation to wineries would be a year long, though is anticipated to be a lower cost as hours of operation would be less.
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Healdsburg Climate Mobilization Strategy B-15
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
include surveying existing transportation services, routes, schedules, and facilities throughout the city and developing a plan to improve these for implementation with preference given to improving public transportation facilities and expand access to transit (i.e., first and last-mile access).
T-2.5 Promote free or subsidized regional public transit programs for vulnerable communities in Healdsburg that makes it free or discounted for participants to travel regionally via SCT.
Low Staff time for promotion and outreach
(low)
Not quantified
Measure T-2A Explore the development of a micro-mobility and/or car-share program to support mode shift from single occupancy fossil fuel vehicles to Zero Emission Vehicles.
T-2A.1 Conduct a background review of options for purchasing, operating, and maintaining an on-demand door-to-door eshuttle. This may include the development of a new on-demand e-shuttle, the expansion of DASH for all residents of Healdsburg, or the development of a program to subsidize the cost for electric car-share programs such as Uber or Lyft. The analysis should include identification of potential funding sources (e.g., grants, local taxes, local business sponsorship, discretionary funds, etc.) and identification of barriers and opportunities for how such a micro-mobility program may enhance active
transportation or public transit use. Present the findings to City Council and the public to determine next steps.
Moderate Staff and consultant time to conduct
feasibility study (moderate)
City staff estimate costs
similar to T-1.6 [$35,000 -
$140,000].
T-2A.2 Based on the findings of the feasibility study and the response from City Council and the public, develop and implement a micro-mobility policy that establishes a deployment protocol and permitting process, identifies any restrictions for use for safety reasons, and promotes equitable access through
requirements for consistent placement of micro-mobility devices (e-scooters, e-bikes, etc.) in underserved areas or reductions in usage fees for lower-income users.
Moderate/High Staff time [300 hrs] to develop and
implement micro-mobility policy
(moderate)
One part-time employee for staff
management of program and
permitting process (moderate)
Annual cost to fund micro transit
service operated by City (high)
Funding potential through
Strengthening Mobility and
Staff [$35,000 - $60,000]
Permitting Staff [$50,000 -
$70,000]
Micro transit annual
budget if City funded
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Revolutionizing Transportation
(SMART) Grants Program
[$500,000 -
$2M]12,13
T-2A.3 Facilitate transportation equity through multilingual programs that identify local equity issues and seek to remove barriers for vulnerable communities to use carshare or micro-mobility options.
Low Staff time to conduct outreach and
engagement (low)
Materials and supplies for outreach
and engagement (low)
Not quantified
T-2A.4 Leverage community groups and local organizations to develop outreach and education materials advertising micro-mobility options and the benefits of use for traveling locally and increasing connectivity of public transit. Provide information on available funding opportunities or subsidies offered for lowincome residents.
Low Staff time to conduct outreach and
engagement (low)
Materials and supplies for outreach
and engagement (low)
Not quantified
Measure T-3 Develop programs and policies to discourage driving single passenger vehicles and to support the bicycle/pedestrian and public transit mode share goals of Measures T-1 and T-2.
T-3.1 Reduce future VMT of new development through infrastructure requirements modifying the General Plan and/or specific plans (e.g., Central Healdsburg Avenue Plan) such that the plans for different City areas include policies that support the
development of a connected pedestrian and cyclist network.
Infrastructure requirements may include:
1. Small scale version of park and ride for residents and tourists.
2. Interconnected bike lanes and sidewalks throughout
the City.
3. Electric Bike stations or other micro-mobility hubs
outside of major residences and shop destinations
Low Staff and/or consultant time to update
policies and plans (low)
Not quantified
12 Example projects receiving funding for micro-transit/ on-demand shuttle received ~$1M for demonstration project, it is assumed that if the City funded the micro-transit system, a similar budget would be needed annually. Accessed at: FY22 SMART Project List.pdf (transportation.gov) 13 Cost to fund a micro transit program annually varies drastically depending on the micro-transit services (e.g., on demand shuttle, e-scooters), and whether the service is operated by an outside vendor (e.g., BIRD) or if the City is bearing the cost. The SacRT’s SmaRT Ride on-demand micro transit service in Sacramento, funded by local sales tax, is $1M a year. Accessed at: Creative ways to fund on-demand public transportation and microtransit in California - Via Transportation (ridewithvia.com).
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Healdsburg Climate Mobilization Strategy B-17
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
T-3.2 Investigate parking policies to disincentivize single passenger vehicles while enabling alternative options for communities meeting defined equity metrics. Based on City Council and public feedback, implement parking policies to disincentivize single passenger vehicles. This may include options such as, but not limited to:
1. Eliminate or severely limit parking options for singlepassenger vehicles in downtown and other commercial areas of the city using best available
information on implementation.
a. Implement a parking permit system to
reserve available parking for employees of
businesses downtown or in commercial
areas.
2. Utilize a static or dynamic parking pricing for all
downtown parking locations and use revenue to fund
active transportation and public transportation
projects.
3. Price all public parking spaces for all areas of the city with fees directed towards active transportation
Moderate Staff and/or consultant time to
evaluate parking policies and
structures (moderate)
Staff time [1 FTE] to develop,
implement and enforce parking
permit system and program
(moderate)
Capital cost in smart parking meters,
equivalent parking price
equipment, and/or enforcement
technology (moderate)
Cost offset associated with revenue
from parking fees and permits
(no-cost)
Consultant [$60,000 -
$100,000]
Staff [$100,000 - $200,000
annually]
Capital [$20,000 -
$60,000]14
Total [$180,000 -
$340,000]
T-3.3 Conduct an analysis of the potential community impacts and benefits of charging for parking in downtown. Analysis should include evaluation of different parking fee structures as well as ensure that potential equity concerns are identified.
Moderate Staff and consultant time to conduct
analysis (moderate)
City staff estimate costs
similar to T-1.6 [$35,000 -
$140,000].
T-3.4 City lead by example by encouraging and providing incentives for active transportation and public transit use, such as free access to the e-bike share program, public transit passes, telework options, or other incentives.
Moderate Staff time to conduct outreach and
education on incentives (low)
Materials and supplies for outreach
and education (low)
Capital costs to provide new or
expanded incentives (moderate)
City staff estimate $75,000-
$100,000 a year based on
incentives selected.
14 Installation of smart parking meters range between $250 - $500. Assumed 25 to 75 installed as part of this effort as well as additional cost for technology related to enforcement of parking.
Reference accessed at: https://www.itskrs.its.dot.gov/node/209124
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Measure T-4 Increase passenger zero-emission vehicle use and adoption to 50% by 2030. (14,500 MT CO2e reduction) T-4.1 Develop a reach code requiring electric vehicle capable charging spaces. By 2024, amend the Healdsburg Development and
Municipal Code to promote EV chargers in new development and existing parking spaces, to require at minimum:
Single Family – CalGreen Tier 2 provisions
Multifamily – CalGreen Tier 2 provisions
Non-Residential – CalGreen Tier 2 provisions
Expand the designation of EV charging parking spaces
to 15% of existing parking spaces within the City by
2030.
Require larger residential rental building owners
(more than 20 tenants) and large commercial building
owners (more than 10,000 square feet) to install
working electric vehicle chargers in 20% of parking
spaces for new and existing buildings.
Expediate EV charger permits
Low Consultant time to aid in development
of reach code (low)
Staff time [estimated 80 hrs] required
to support reach code
development and for adoption of
requirement (low)
Consultant [$25,000 -
$40,000]
Staff [$12,000 - $15,000]
Total [$37,000 - $55,000]
T-4.2 Develop an ordinance requiring Healdsburg vehicles to participate in the States Biennial smog check program and contribute towards clean energy standards. Work with the Northern Sonoma County Air Pollution Control District to require biennial smog checks.
Low Staff and/or consultant time to develop
ordinance (low)
Staff time to coordinate with the air
district (low)
Not quantified
T-4.3 Partner with local organizations and community groups to distribute outreach and education materials to residents and local businesses on the financial, environmental, and health and safety benefits of ZEVs, as well as anti-idling for fossil-fuel vehicles. Provide information on available funding
opportunities.
Low Staff time to conduct outreach and
education (low)
Materials and supplies for outreach
and education (low)
Not quantified
T-4.4 Identify private sector partnerships and develop affordable, zero-emission vehicle car share programs to serve affordable housing and/or multifamily developments with a priority to target vulnerable communities.
Moderate Staff time to develop partnerships
(low)
Staff time and capital costs to develop
car share program (moderate)
City staff estimate public
chargers to cost up to
$200,000 per parking lot (6
connectors), depending on
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Healdsburg Climate Mobilization Strategy B-19
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
infrastructure and
accessibility. City staff
estimate other costs to be
similar to T-1.4 [$100,000 -
$150,000 annually],
depending on discounts
provided.
T-4.5 Continue to promote the EV Monthly Bill Discount Program with increased discount opportunities for low-income customers, and develop an updated or replacement program following program sunset in 2025. Continue to promote affordable EV charging rates at city-owned EV charging stations and adjust rates as necessary to cover program costs.
Moderate Continue staff time to promote
programs and rates (no cost)
Staff time and capital costs to develop
incentive program (moderate)
City staff estimate
$150,000 - $200,000
annually.
T-4.6 Utilize the CALeVIP rebate to install new electric vehicle chargers at the Senior Center and downtown Maher lot. Applied for Federal Charing and Fueling Infrastructure (CFI) grant to install electric vehicle chargers at the Community Center, Giorgi Park, High School, and West Plaza.
Moderate Capital costs to install electric vehicle
chargers, offset by grant funding
(moderate)
City staff estimate
$425,000 from already
approved budget, plus an
additional $680,000 from
grant funding (if awarded).
T-4.7 In addition to the 6 City-owned lots already identified, conduct a survey of existing publicly accessible electric vehicle chargers and their locations and identify a prioritized list of additional locations for new electric vehicle charging stations, or lots for increased chargers, with consideration for equitable distribution of chargers to vulnerable communities. Study should include an evaluation of capacity needs associated with the installation of new EV chargers and identification of the businesses or stakeholders that own the property to coordinate with for installation of chargers.
Moderate Staff and/or consultant time to
conduct survey (moderate)
City staff estimate similar
to BE-3.1 [approx.
$150,000].
T-4.8 Promote incentives and financing options for residential electric vehicle charger installations. Develop programs and policies to add 500 new publicly accessible and private workplace Level 2 and 3 electric vehicle charging stations to the City by 2030 through grants such as the California Energy Commission’s Clean Moderate to
High
Staff time to conduct outreach and
education (low)
Staff time to develop programs and
policies (moderate)
City staff estimate
$500,000 - $2,500,000,
depending on public
charger rebate amount and
grant availability. Proposed
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Transportation Program. Develop programs that incentivize residents and businesses to charge during times of abundant solar resources and avoid charging during peak hours and grid emergencies
budget of $100,000
annually. Other action
components to leverage T4.5.
T-4.9 Collaborate with neighboring jurisdictions and the Sonoma County Transportation Authority to develop a connected
network on ZEV car share. Prioritize car share to serve affordable housing and/or multifamily developments.
Low Staff time to develop partnerships and
coordinate ZEV infrastructure
improvements (low)
Not quantified
T-4.10 Partner with the local air district and RCPA to communicate State requirements for off road equipment and identify funding opportunities to support low-income residents to replace gaspowered landscaping equipment and off-road engines with zero emission equipment, such as through rebates or buyback
programs.
Low Staff time to develop partnerships and
identify funding opportunities for
low-income residents (low)
Not quantified
Measure T-5 Increase commercial zero-emission vehicle use and adoption to 40% by 2030. (2,000 MT CO2e reduction) T-5.1 Inventory commercial vehicle fleets in Healdsburg and identify employers to target for accelerating zero emission vehicle adoption. Develop a plan for City-supported accelerated fleet electrification.
Moderate Staff and/or consultant time to
conduct inventory and develop
plan (moderate)
City staff estimate costs
similar to T-1.6 [$35,000 -
$140,000].
T-5.2 Adopt a ZEV plan for commercial vehicles in line with state targets and in line with the findings of the accompanying feasibility study. Work with stakeholders to develop and implement the plan for City-supported accelerated fleet electrification. As part of the plan, identify opportunities for accelerated fleet electrification and promote zero-emission vehicle (ZEV) adoption within business and municipal fleets.
Low Staff time to conduct outreach and
engagement (low)
Staff time to adopt the plan (low)
Not quantified
T-5.3 Provide information to businesses on state and federal programs to help fund conversion of commercial fleets to zero emissions vehicles.
Low Staff time to conduct outreach and
education (low)
Materials and supplies for outreach
and education (low)
Not quantified
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Healdsburg Climate Mobilization Strategy B-21
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
T-5.4 Identify, implement, and connect vehicle fleet owners, particularly those serving vulnerable communities to incentivize vehicle electrification. This could include local tax breaks.
Moderate Staff time to conduct outreach and
education (low)
Staff time and capital costs to
implement incentives (moderate)
City staff estimate approx.
$100,000 annually.
T-5.5 Secure funding from state programs (such as the California Air Resources Board's Clean Vehicle Rebate Project and the Truck and Bus Voucher Incentive Program) and federal sources to increase procurement of EV or ZEV cars, trucks, and other vehicles and installation of EV/ZEV charging/fueling
infrastructure.
Low Staff and time to acquire funding (low) Not quantified Measure T-5A Lead by example and electrify or otherwise decarbonize the municipal fleet in compliance with the state’s Advanced Clean Fleet Rule.
T-5A.1 Continue to implement the Zero-emission vehicle first purchasing policy for all light-duty municipal vehicles, and update to also include off road equipment, medium-duty
vehicles, and provide a path to comply with the State’s Advanced Clean Fleet rule requiring 50% of medium- and heavyduty vehicle purchases be zero-emissions beginning in 2024 and 100% beginning in 2027. Also consider operational needs to determine appropriate size of vehicles. Maintain exemptions needed to ensure public safety and delivery of critical services.
Moderate Staff time to update policy (low)
Comparative cost to purchase and
maintain ZEV instead of internal
combustion engine vehicle and
off-road vehicle (low-moderate)
Lifecycle cost savings for ZEV (no-cost)
City staff estimate
incremental light duty
vehicle cost increase of
$10,000-$15,000 per
vehicle, additional charging
infrastructure costs of
$200,000, and ongoing
savings in fuel costs.
Incremental costs for
medium- and heavy-duty
vehicles will vary widely.
City staff estimate
incremental off road
vehicle replacement cost
increase of $20,000-
$30,000 per vehicle,
additional charging
infrastructure costs of
$50,000, and ongoing
savings in fuel costs.
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
T-5A.2 Install additional ZEV chargers in municipal parking lots for fleet, employees, and public use to meet projected demand.
Moderate Capital costs to install ZEV chargers
(moderate)
City staff estimate public
chargers to cost up to
$200,000 per parking lot (6
connectors), depending on
infrastructure and
accessibility. Non-public
charger costs are
substantially lower.
T-5A.3 Develop a resolution to replace City-owned end-of-life small offroad equipment with electric equipment (e.g., lawn equipment and leaf blowers) at time of replacement.
Low Staff time to develop resolution (low)
Incremental costs for small off-road
equipment (low-moderate)
Not quantified
Measure SW-1 Achieve Zero Waste by 2030 through 90% diversion of solid waste from the landfill. (7,730 MT CO2e reduction) SW-1.1 Meet the requirements of SB 1383 to reduce organics in the waste stream by 75% below 2014 levels by 2025 and achieve Zero Waste through 90% solid waste diversion by 2030. Include activities such as:
1. Implement enforcement and fee for incorrectly sorted materials with sensitivity to shared collection.
2. Assure adequate bin signage across commercial and
residential areas of acceptable landfill, recyclable, and compostable materials.
3. Conduct additional free compost bin giveaways and
promote the free curbside organics collection service
by Recology
Moderate15 Staff time [estimated at 100 hours] to
develop and implement pilot
projects (moderate)
Capital costs to develop and implement
pilot projects (i.e., reusable to-go
container program) (moderate)
One-part time employee to develop
and implement enforcement and
fee program (moderate)
Capital costs for adding bins in public
areas (moderate)
Staff – pilot projects
[$20,000 - $38,000]
Capital – pilot projects
[$125,000 -
$375,000]16
Staff – compliance
monitoring [$60,000 -
$80,000]
Capital/ Staff - signage
[$50,000 - $75,000]17
15 See SB 1383 Local Service Rates Analysis – CalRecycle for more information regarding the variables impact cost on municipalities for implementing programs to meet SB 1383 requirements.
Accessed at: https://www2.calrecycle.ca.gov/Publications/Details/1698 16 Cost of a pilot study is highly variable depending on type of study. Grant awards offered by CalRecycle are up to $1.5M – it is assumed that if a grant for a pilot project was not received and City funded project it would cost a similar amount. Accessed at: https://calrecycle.ca.gov/bevcontainer/grants/bevcontainer/rpp/fy202122/ 17 Cost for signage is variable depending on the type of signs or labels and number of signs the City chooses to install. For this estimate it is assumed that signs and labels range from $3 to $10 and the City would install 2,000 labels/signs and the public works department would be responsible for distribution an installation of signs with the staff’s hourly rate $125 for 400 hrs. Accessed at:
https://healdsburg.gov/DocumentCenter/View/15274/Master-Fee-Schedule-FY-2022-2
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
4. Expand existing ban on polystyrene foam products
containing PFAS to include additional items without
means of recycling or recycling markets, such as
produce bags, plastic packaging, straws, plastics #4-7, and mixed materials.
5. Implement pilot project for reusables for restaurant to-go containers.
6. Identify long-term and alternate solutions for the
community’s wastewater bio-solids to avoid long
hauling distances and develop local, beneficial reuse.
7. Identify public areas for adding composting and
recycling bins where needed.
Partner with Recology and Zero Waste Sonoma as applicable for the actions listed above.
Staff time and materials and supplies
to conduct outreach and
education including bin
distribution events (low)
Staff time [estimated at 80 hours] to
amend existing ban on
polystyrene products (low)
Staff and consultant time to conduct
feasibility study for wastewater
bio-solids (moderate)
Cost offset based on revenue from lid
flipping fees (no-cost)
Staff – community
engagement [$25,000
- $50,000 annually]18
Staff – ordinance
development [$12,000
- $15,000]
Consultant – feasibility
study [$100,000 -
$150,000]
Total [$400,000 -
$700,000]
SW-1.2 Partner with Zero Waste Sonoma to support a Bring your own (BYO) education and outreach training for residents and businesses on reusables and implementing more sustainable packaging into daily use. Also educate the community on food scraps. Provide resources of education and technical assistance on city website. Partner with libraries and other existing facilities to market campaigns about waste reductions, reuse and repair.
Low Staff time to develop partnerships and
conduct outreach and education
(low)
Materials and supplies for outreach
and education (low)
Not quantified
SW-1.3 Leverage community groups and local organizations to work with multi-family property owners/managers to increase
education through signage for their properties and supplies for proper sorting.
Low Staff time to develop partnerships and
conduct outreach and education
(low)
Materials and supplies for outreach
and education (low)
Not quantified
SW-1.4 Leverage Zero Waste Sonoma 2022 Waste Characterization study and visual characterization conducted at the Healdsburg transfer station to understand the waste stream and create a plan to increase diversion and reduce contamination. Continue Low Staff and/or consultant time to create
a plan (low)
Not quantified
18 Based on SB 1383 education/community outreach programs budget for other cities. Accessed at http://www.losbanos.org/wp-content/uploads/2020/03/Los-Banos-Solid-Waste-RFP-PackageFinal.pdf.
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Climate Mobilization Strategy
B-24
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
to work with Zero Waste Sonoma to conduct a waste
characterization study every 5 years that includes Healdsburg to inform programs and policies.
Continue staff time to maintain
relationship with partners (no
cost)
SW-1.5 Partner with Recology and/or Zero Waste Sonoma to pursue funding, such as from CalRecycle, to outfit multi-family homes with zero waste infrastructure and expand waste diversions programs within the City.
Low Staff time to develop partnerships and
acquire funding (low)
Not quantified
SW-1.6 Develop and implement a Zero Waste Protocol for special events.
Low Staff time to create and implement
protocol (low)
Not quantified
Measure W-1 Reduce per capita potable water consumption by 25% by 2030. (50 MT CO2e reduction) W-1.1 Update the Urban Water Management Plan every 5 years, as required by the State, and implement the identified demand reduction actions to ensure compliance with the State’s Making Water Conservation a Way of Life regulations. Include new actions in the UWMP as needed to achieve State regulations, which may include:
1. Amend the City’s Water Shortage Contingency Plan to
restrict any water waste at any time for households,
businesses, industries, and public infrastructure.
2. Work with Community Development, large water
users, and other stakeholders to develop an On-Site
Water Reuse Plan to maximize utilization of local
water supplies decreasing energy intensity of
distribution.
3. Revisit and update the Water Efficient Landscape
Ordinance as needed. Engage, through regional
partnerships, with builders and developers to provide
information on the requirements for development
projects.
4. Develop an ordinance for installation of dual-plumbing water systems that utilize greywater or recycled water
for irrigation at new residential and commercial
construction.
Moderate Staff and/or consultant time to update
plan (moderate)
City staff estimate $15,000
- $20,000 to update
required plan. Cost of
implementation for new
actions will vary widely.
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Healdsburg Climate Mobilization Strategy B-25
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
5. Increase engagement with the community, specifically low-to-moderate income residents, to understand
available incentives or rebates, options, and programs
to reduce per capita water use. Leverage regional
programs and resources available through
membership in the Sonoma-Marin Saving Water
Partnership, and leverage partnerships with local
organizations to expand water conservation outreach.
6. Implement a software solution for residents and
businesses to view water consumption data in near
real time.
7. Complete grant funded Municipal Water Pipeline and
work to expand the Municipal Recycled Water Pipeline
project, as funding is available. Identify additional
locations available for recycled water use and
establish a schedule for potable water replacement
with recycled water in appropriate applications
residentially, commercially, and municipally, and
determine recycled water user fees.
8. Revise water and wastewater rates as necessary to
ensure cost of service is covered.
Measure CS-1 Increase carbon sequestration by preserving existing mature trees and planting 500 new trees and high emissions reduction potential land cover types throughout the community by 2030. (25 MT CO2e reduction) CS-1.1 Develop a Street Tree Master Plan to include goals for promoting street tree health, enhancing resiliency, increasing the environmental benefits and co-benefits resulting from street trees and shading, community engagement around the urban forest. Include activity to promote street tree health and maintaining existing trees through partnerships with the community and local organizations, including organizations with connections to vulnerable communities to assist in the
implementation of the Street Tree Master Plan to ensure equity is prioritized as part of the plan.
Low Staff or consultant time to develop
Street Tree Master Plan (low)
Staff time [estimated 100 hrs] for
community outreach activities and
development of partnerships
(low)
Funding potential through CAL FIRE
Urban and Community Forestry
grant
Staff/Consultant [$50,000 -
$200,000]
Staff [$10,000 - $20,000]
Grant Funding [$150,000 -
$ 200,000]
Total [$60,000 - $220,000]
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Climate Mobilization Strategy
B-26
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
CS-1.2 Develop a new Tree Protection Ordinance to include protection for native and heritage trees. The ordinance should regulate the removal of not just heritage trees, but native trees that increase the City’s carbon stock and carbon sequestration. Ordinance may include:
1) Development requirements to protect or replace onefor-one existing trees and greenspace. 2) Implementation of a tree removal in-lieu fee that
provides funding for the City to plant a new tree
equivalent to every tree removed from private
property.
3) Identification of native tree species and heritage trees to be protected.
4) Shade tree requirements for new development
5) Parking lot landscaping requirements
6) Increased permeable surfaces and green spaces in
new development
7) Vegetative barrier requirements between busy
roadways and developments to reduce exposure to air
pollutants from traffic
8) Protocols for proper tree maintenance and care
9) Best practices to protect existing carbon stocks against wildfire risk
Low Staff time to develop ordinance (low)
Capital cost of trees (low)
Lifecycle cost of tree maintenance
(low)
Not quantified
CS-1.3 Establish an adopt-a-tree or adopt-a-street program that enables individuals, businesses, and community organizations to plant and care for trees in selected communities. Program should provide formalized information on appropriate trees eligible for planting in Healdsburg (i.e., native, drought tolerant, locations, fire resistant) and their maintenance. Leverage existing plant lists developed by nearby and partner
organizations.
Moderate Staff time and capital costs to develop
program (moderate)
Materials and supplies for education
(low)
City staff estimates $15,000
per 150 trees, to potentially
be supported by in-lieu
fees, donations, or other
funding.
CS-1.4 Prioritize low-income areas of the city with less existing tree canopy for tree plantings. Increase shading in gathering spaces.
Low Capital cost for planting and
maintaining shade trees (low)
Not quantified
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Healdsburg Climate Mobilization Strategy B-27
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
CS-1.5 Explore urban and community forestry grant programs (e.g., CAL FIRE) and other sources of state, federal, and philanthropic funding to fund urban forestry programs. As part of this effort, establish a goal to apply for at least one grant every three years.
Low Staff time to research grants and
establish goal (low)
Not quantified
Measure CS-2 Maintain and expand existing restoration projects to sequester carbon in restored lands.
CS-2.1 Continue maintenance and expansion of Healdsburg Ridge Open Space Preserve (150 acres), and the Fitch Mountain Park and Open Space Preserve (170 acres), including wildfire mitigation.
Continue maintenance and restoration projects in existing green spaces within City and urban areas.
Moderate Enhanced staff time to manage
preserves (moderate)
Capital costs to expand preserves
(moderate)
Expansion would depend
on available land and
partners.
CS-2.2 Develop a community-based volunteer program supporting restoration project activity to create a maintained restoration process.
Low Staff time to develop a volunteer
program (low)
Not quantified
CS-2.3 Apply for at least one grant every three years for obtaining grant funding for restoration and preservation activities with a focus on projects that have been unable to be fully completed due to funding constraints.
Low Staff and/or consultant time to prepare
grant applications (low)
Not quantified
CS-2.4 Partner with local community organizations to promote and coordinate sequestration opportunities and facilitate volunteer maintenance projects.
Low Staff time to develop partnerships and
support outreach and
engagement (low)
Not quantified
Measure CS-3 Align with SB 1383 and procure products of organic diversion at a rate of 0.08 tons of organic waste per capita per year with a focus on increasing compost application within City limits to increase carbon sequestration. (250 MT CO2e reduction) CS-3.1 Meet the baseline procurement requirement of SB 1383 through direct procurement of applicable products, as feasible, for the City’s use and application. Establish contracts with service providers that use applicable products (e.g., landscape services, transportation services, waste haulers) on the City’s behalf to meet the remaining procurement requirement not met through direct procurement.
Moderate Staff time to evaluate opportunities
and maintain procurement
activities (low)
Staff time to establish and maintain
contracts (moderate)
City staff estimate similar
to part time enforcement in
SW-1.1 [$60,000-80,000].
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Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
CS-3.2 Identify locations within the City to apply compost as applicable/appropriate to help meet the procurement
requirements of SB 1383. Leverage Zero Waste Sonoma to
collaborate with local schools, City Departments, Ag+Open Space, and the Resource Conservation Districts to identify additional opportunities to apply compost.
Moderate Staff and/or consultant time to
conduct study (moderate)
City staff estimate
approximately $35,000 for
study and collaboration.
CS-3.3 Implement compost application on City-owned properties, according to findings of feasibility study for suitable locations and appropriate application rates.
Low Staff time to apply compost or
coordinate with service providers
(low)
Increases to scope of work with service
providers (low)
Not quantified
CS-3.4 Develop requirements for compost application, tracking, and reporting for developers.
Low Staff time to develop requirements
(low)
Staff time to include requirements in
new construction approvals (low)
Not quantified
CS-3.5 Work with Recology and ZWS to provide residents, businesses, and developers with educational material on where to get compost and how it can be used (i.e., landscaping), as well as how compost promotes carbon sequestration. Consider
increasing free compost giveaways.
Low Staff time to develop partnerships
(low)
Materials and supplies for education
(low)
Bulk compost purchases (moderate)
Not quantified
CS-3.6 Prioritize providing increased outreach and translated materials on the annual compost giveaway to low-income households, small businesses, and other vulnerable communities.
Low Staff time and outreach materials (low) Not quantified CS-3.7 Apply for at least one grant every three years for obtaining grant funding for SB 1383 compliance.
Low Staff and/or consultant time to prepare
grant applications (low)
Not quantified
CS-3.8 Work with Sonoma County to identify opportunities for a regional compost procurement program to help meet the
organics procurement provisions of SB 1383 as well as
streamline hauler routes through regional collaboration.
Low Staff time to develop partnerships and
identify opportunities (low)
Not quantified
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Healdsburg Climate Mobilization Strategy B-29
Action ID Action Text
City Cost
Category City Cost Variables
Preliminary Cost Estimate
by Action
Measure F-1 Identify Administrative Needs for Successful CMS Implementation F-1.2 Consider creating a Climate Program Manager new position who is responsible for implementing CMS measures and actions by drafting ordinances, managing technical studies, leading outreach efforts, updating online information, managing the webpages and Facebook posts to promote climate programs, networking with partners and stakeholders, and pursuing grant opportunities.
Moderate Staff time for new position [1 FTE]
(moderate)
City staff estimate up to
$170,000 per year for
salary, benefits, and
operating expenses.
F-1.2 Report progress on CMS implementation annually to the City Council to measure progress and ensure accountability in achieving CMS emissions reduction goals.
Low Staff time to report progress (low) Not quantified
F-1.3 Partner with RCPA and other jurisdictions to ensure transparency in GHG emission reporting and make GHG
emission data and inputs publicly available.
Low Staff time to develop partnerships and
coordinate (low)
Not quantified
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Table 3 Cost to Community for GHG Emissions Reduction Measures Measure ID Measure Text
Community Cost
Category Community Cost Variables
Preliminary Cost Estimate by
Measure
Building Energy
BE-1 Procure 85% of electricity from renewable
and zero-carbon sources by 2030 and
100% renewable and carbon-free no later
than 2045.
Moderate Electricity costs per rate plan changes and
choosing to opt into Green Rate (low)
Rate increases due to additional procurement
of renewables (moderate)
Green Rate Additional Energy
charge [~$150/
household/year]19
Standard Rate increase [$50 -
$100/household/year]20
BE-2 Continue to adopt an Electrification Reach
Code for all new residential and
commercial buildings with each triannual
code cycle. Update electrification
ordinance to eliminate natural gas
consumption in new construction for the
2025 California Building Standards Code
and moving forward.
No-cost Upfront cost savings of building all-electric
homes and buildings (no-cost)21
Long-term energy bill savings (no-cost)
Avoided cost of not installing natural gas
infrastructure (no-cost)22
No cost
BE-3 Decarbonize residential building stock by
10% by 2030.
Moderate Long-term energy bill savings (no-cost) Upfront cost [$3,000-$4,000/single family home]24,25
19 Over the next four years the Green Rate will cost an additional ~ $0.02 - $0.03/kWh compared with the standard rate. Based on the 2018 inventory, the average household uses ~6,000 kWh per year. Accessed at: Electric Rates | Healdsburg, CA - Official Website 20 Utilities director of Healdsburg Electric estimates a possible average of $50-$100 annual residential additional cost increase for increased procurement of renewables to 85%, which would be further analyzed in the feasibility study. Income-qualified customers may apply for the CARE program providing a 25% discount on the electric bill. 21 Electrification at time of new construction found to have minimal cost impacts to cost savings for building owner. Accessed at: https://rmi.org/insight/the-economics-of-electrifying-buildings/ 22 https://newbuildings.org/new-study-on-electrification-costs-shows-benefits-to-building-owners-and-society/ 24 Energy + Environmental Economics. 2019. Residential Building Electrification in California: Consumer economics, greenhouse gases, and grid impacts. Accessed at:
E3_Residential_Building_Electrification_in_California_April_2019.pdf (ethree.com) 25 City of San Jose. 2022. Healthy Homes, Healthy Air: A Framework for Existing Building Electrification Centered on Community Priorities.
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Healdsburg Climate Mobilization Strategy B-31
Measure ID Measure Text
Community Cost
Category Community Cost Variables
Preliminary Cost Estimate by
Measure
Long-term savings from not paying
incremental gas infrastructure costs (nocost)23
Additional cost from installation of electric
appliance compared to installation of
traditional appliance (moderate)
Savings [$50 - $1,000/year/singlefamily home]24,25
Upfront [$6,000-$10,000/multifamily home] 24,25
Savings [$30-$700/year/multifamily home] 24,25
BE-4 Decarbonize non-residential building stock
by 10% by 2030.
Moderate Long-term energy bill savings (no-cost)
Additional cost from installation of electric
appliance compared to installation of
traditional appliance (moderate)
Capital cost [$35-$200/square
foot]26
Cost savings [~ $2,000 over 15
years]27
BE-4A Decarbonize 50% municipal buildings and
facilities by 2030.
N/A N/A N/A
Transportation
T-1 Implement programs that increase access
to safe active transportation, such as
walking and biking, that achieve 15% of
active transportation mode share by 2030.
No-cost Cost savings of reducing single occupancy
vehicle use (no-cost)
No cost
T-2 Implement programs for public
transportation that achieve 10% of public
transit mode share by 2030.
No-cost Cost savings of reducing single occupancy
vehicle use (no-cost)
No cost
23 A portion of gas distribution costs is covered by the customer’s gas bill payments, by electrifying this incremental cost is saved. Accessed at: https://rmi.org/insight/the-economics-of-electrifyingbuildings/ 26 The cost to retrofit commercial buildings is highly variable depending on the retrofit, existing conditions, type of building, equipment available, etc., Furthermore, electric retrofits often show cost savings overtime. Recent studies found that for a typical office building electric retrofits would cost on average $25 - $150 per square foot. Accessed at: https://rmi.org/wpcontent/uploads/2017/04/Pathways-to-Zero_Bldg-Case-for-Deep-Retrofits_Report_2012.pdf 27 https://rmi.org/insight/the-economics-of-electrifying-buildings/
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Measure ID Measure Text
Community Cost
Category Community Cost Variables
Preliminary Cost Estimate by
Measure
T-2A Explore the development of a micromobility and/or car-share program to support mode shift from single occupancy
fossil fuel vehicles to Zero Emission
Vehicles.
Low Cost associated with funding mechanism, e.g.,
city tax to fund program (low)
Cost associated with use (low)
Cost of ride [$1.50 - $3.50/ride]28
T-3 Develop programs and policies to
discourage driving single passenger
vehicles and to support the
bicycle/pedestrian and public transit
mode share goals of Measures T-1 and T2.
Low Potential costs of disincentive-based policies,
e.g., parking fees (low)
Cost savings of reducing single occupancy
vehicle use (no-cost)
Incremental cost on parking
[$3.50/hour to $24/ max
daily]29
T-4 Increase passenger zero-emission vehicle
use and adoption to 50% by 2030.
Moderate Cost of charging infrastructure (moderate)
Financing of charging infrastructure and
vehicle purchase (no-cost to cost
offset)30
Initial investment in ZEV compared with ICE
vehicle (moderate)
Additional cost of zero-emission vehicle
ownership compared to internal
Charging infrastructure [$700 –
$4,000]31
Incremental maintenance cost
savings [$0.05/mile]32
Comparative initial investment cost
[$8,000 - $35,000/vehicle]33
28 Some current on-demand shuttles in surrounding areas cost $1 to $4 per ride. Accessed at: Silicon Valley Hopper | Affordable, On-Demand Rideshare in Cupertino (ridewithvia.com) & SMART launches on demand microtransit shuttle connecting the train to the Sonoma County Airport (STS) (ca.gov) 29 Existing paid parking in Healdsburg is managed by AirGarage and is rated as $3.50/hour and $24/ daily Max. Accessed at: Paid Parking Comes to Healdsburg—but Is It Legal? - Healdsburg Tribune 30 There are a number of opportunities through state programs (e.g., CARB’s LCFS) to receive grants, financing, or carbon credits for installing ZEV infrastructure and charging vehicles from it that can aid in offsetting the cost of ZEV infrastructure installation and use. Example program: https://ww2.arb.ca.gov/resources/documents/lcfs-zev-infrastructure-crediting 31 Cost ranges depending on type of parking space and the installation requirements necessary (i.e., conduit and panel or retrofit) and type of charger installed. Accessed at:
https://afdc.energy.gov/fuels/electricity_infrastructure_development.html 32 An internal combustion engine costs on average 1.66 times per mile to maintain compared with an EV. Accessed at: https://publications.anl.gov/anlpubs/2021/05/167399.pdf 33 Initial investment depends on vehicle type, year, etc. General ranges provided by US Department of Energy accessed at: https://www.energy.gov/sites/default/files/2022- 12/2022.12.23%202022%20Incremental%20Purchase%20Cost%20Methodology%20and%20Results%20for%20Clean%20Vehicles.pdf
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Healdsburg Climate Mobilization Strategy B-33
Measure ID Measure Text
Community Cost
Category Community Cost Variables
Preliminary Cost Estimate by
Measure
combustion engine ownership (i.e.,
higher upfront costs but lower operating
costs) (low)
T-5 Increase commercial zero-emission
vehicle use and adoption to 40% by 2030.
Moderate Cost of charging infrastructure (moderate)
Financing of charging infrastructure and
vehicle purchase (no-cost to cost offset)
Initial investment in ZEV compared with ICE
vehicle (moderate)
Additional cost of zero-emission vehicle
ownership compared to internal
combustion engine ownership (i.e.,
higher upfront costs but lower operating
costs) (low)
Charging infrastructure for business
[$3,000 – $100,000]31
Incremental maintenance cost
savings [$0.05/mile]32
Comparative initial investment cost
for business [$35,000 -
$250,000/vehicle]33
T-5A Lead by example and electrify or
otherwise decarbonize the municipal fleet
in compliance with the state’s Advanced
Clean Fleet Rule.
N/A N/A N/A
Solid Waste
SW-1 Achieve Zero Waste by 2030 through 90%
diversion of solid waste from the landfill.
Low Incremental cost associated with full
implementation of SB 1383, e.g., waste
diversion requirements, lid flipping fees,
composting practices (low)
Non-compliance fees (low)
Implementation Cost
$17/household/annually34
$662/small businesses/annually34
Non-compliance fee
~$50/bin35
34 CalRecycle. 2016. Proposed Regulation for Short-Lived Climate Pollutants: Organic Waste Methane Emissions. Accessed at https://www.dof.ca.gov/Forecasting/Economics/Major_Regulations/Major_Regulations_Table/documents/Final_Sria_11-16%20.pdf#search=%22SB%201383%20Economic%20Analysis%22. 35 Lid flipping fee for not complying with sorting organic diversion requirements can be placed by the City. Other cities have used a fee of $50 per bin for waste contamination. Accessed at:
https://www.wm.com/location/california/san-joaquin/lodi/index.jsp
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Measure ID Measure Text
Community Cost
Category Community Cost Variables
Preliminary Cost Estimate by
Measure
Water
W-1 Reduce per capita potable water
consumption by 25% by 2030.
No-cost Water bill savings from conservation (no-cost) No cost Carbon Sequestration
CS-1 Increase carbon sequestration by
preserving existing mature trees and
planting 500 new trees and high emissions
reduction potential land cover types
throughout the community by 2030.
Low Potential energy bill savings from tree shade
(no-cost)
Cost of trees, water, and maintenance (low)
<$500
CS-2 Maintain and expand existing restoration
projects to sequester carbon in restored
lands.
No-cost Property value appreciation from maintained
open space (no-cost)
No cost
CS-3 Align with SB 1383 and procure products
of organic diversion at a rate of 0.08 tons
of organic waste per capita per year with a
focus on increasing compost application
within City limits to increase carbon
sequestration.
N/A N/A N/A
Funding and Administration
F-1 Identify Administrative Needs for
Successful CMS Implementation
N/A N/A N/A
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Public Engagement Activities and Promotion
The following section details the engagement activities and promotion efforts employed during the Climate Mobilization Strategy development process.
Council Engagement
Table 1 provides a timeline of the meetings and presentations taken to City Council during the CMS process.
Table 1 Council Engagement Events
Event Date
Council Kickoff Presentation & GHG Inventory
Summary Presentation
October 17th, 2022
Council Consent Item for Climate Mobilization
Strategy Professional Services Agreement
November 21st, 2022
Council Update Presentation May 1st, 2023
Council Review of Strategies and Actions June 20th, 2023 Council CMS Review Presentation Tentative September 5th, 2023 Council CMS Adoption Presentation Tentative October 2nd, 2023 Interested Party Engagement
Table 2 provides a timeline of the interested parties and small group meetings hosted during the CMS process.
Table 2 Interested Party Engagement Events
Interested Party Date
Climate Action Healdsburg July 25th, 2022 & March 15th,2023 Chamber of Commerce Government Affairs February 9th, 2023 Rotary Club March 27th, 2023
Senior Center March 29th & April 6th, 2023
High School Eco-Art Club April 7th, 2023
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Community Engagement
Community Workshops
Community Kickoff Workshop (December 12th)
On December 12th the Community Kickoff Workshop was hosted in person at the Healdsburg Community Center in the Multi-purpose Room from 6:00 – 7:30pm. Approximately 50 community members attended and participated at the workshop. The workshop included a 20 minute presentation to start off the workshop followed by an interactive activity.
The intent of the workshop was to introduce the Climate Mobilization Strategy and provide information on the projects background to the community. The intent of the engagement activity was to gain initial insight into how the community viewed climate change, concerns related to climate change, specific areas the community felt the City should focus on to address climate change, and to understand how the community felt the Climate Mobilization Strategy (CMS) should fit into and support the community. The workshop was followed by a related survey.
PROMOTION
Email blasts
Social media
o Facebook event
Flyer/poster distribution
Chamber/Visitor Center outreach
Spanish Speaker outreach (in partnership with Corazon, including door to door outreach) Climate Action Healdsburg outreach
City Manager newsletter
Event posted on City calendar
ENGAGEMENT ACTIVITY
For each sector (i.e., Building Energy, Transportation, Solid Waste, Water/Wastewater, Other) the following discussion questions were posed to small groups of community members:
How can the Climate Mobilization Strategy support the community qualities you value most? What concerns do you have regarding the climate and the future? What concerns do you have regarding the development of the Climate Mobilization Strategy? What actions do you feel the City should take to address climate impacts? What do you feel are the largest barriers to accomplish these actions?
What actions can community members take to address climate impacts? What are the challenges you face to take such actions?
The attending City staff, and consultants circulated the room and tables to moderate and prompt discussion as needed.
From the workshop, it was identified that the community most values the small-town feel, safety, and natural environment of Healdsburg. Workshop participants were particularly interested in the CMS supporting active transportation infrastructure, preserving the natural environment, providing
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opportunities for community members to be more sustainable (e.g., energy efficiency, expanding public transit, composting). Workshop participants were particularly concerned with drought and wildfires associated with climate change. Additionally, participants voiced concerns regarding affordability and equity related to the development of the CMS. Participants felt the City should focus on infrastructure improvements, rebates for individuals and protecting natural resources while there was concern that cost would be a barrier as well as business/ tourism interests may conflict with the community. Workshop participants indicated that community members should be responsible for things like reduced driving, composting or waste diversion and conserving resources (e.g., water and electricity), however education, cost, and changes in individual behavior was indicated as the largest perceived barriers.
Forecast, Targets, and Strategies Workshop (March 1st)
On March 1st a Community Workshop was hosted virtually via Zoom from 6:00 – 7:30pm.
Approximately 40 community members attended the workshop virtually. The workshop started with a 20 minute presentation and status update followed by an engagement activity. Additionally, the workshop included a Spanish Watch Party hosted at the Community Center and facilitated by Corazon. The watch party included approximately 12 community members.
The goal of the workshop was to 1) inform the community of status of the CMS, findings of the previously provided feedback, and explain the challenges and opportunities to climate strategy development and 2) determine the communities priorities for types of strategies to employ in the community.
PROMOTION
Email blasts
Social media
o Facebook event (English/Spanish)
o Video with Mayor (English) and Parks Superintendent (Spanish) Flyer/poster distribution (English/Spanish)
o Senior Center
o Library
o Community Center
o City Hall & Community Development Center
o Starbucks
o Black Oak Coffee
Chamber/Visitor Center outreach
Spanish Speaker outreach (in partnership with Corazon, including door to door outreach in multiple neighborhoods)
o Facilitated in-person interpretation of workshop activity Climate Action Healdsburg outreach
City Manager newsletter
Poster in Plaza (English/Spanish)
Newspaper inclusion of event
Event posted on City calendar
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ENGAGEMENT ACTIVITY
The engagement activity was hosted using Mural Board, a tool to allow for brainstorming and collaboration on a virtual platform. Multiple breakout rooms of small groups were hosted where participants were encouraged to discuss their ideas for reducing emissions by each sector. The moderator of the room provided examples of strategies and prompted discussion and looked for participants to add their own ideas by sector via posted notes. After ideas were posted, the different ideas were voted on to give an idea of the level of support.
It was noted from participant feedback that the virtual platform was challenging to access and navigate and created frustration. This feedback guided future surveys and engagement activities.
From the mural board feedback, participants indicated a high level of interest in 100% carbon-free electricity, upgrading building codes for all electric, on-demand town shuttle services, increasing active transportation infrastructure, reducing cars in downtown, water conservation, and increasing natural habitat restoration.
Measures and Actions Workshop (July 26th)
On July 26th a Community Workshop was hosted at the Healdsburg Community Center from 6:00 – 7:30pm. Approximately 65 community members attended the workshop. The workshop started with a 20 minute presentation and status update followed by an engagement activity.
The goal of the workshop was to provide a forum for the public to review the drafted GHG reduction measures and actions and provide feedback in terms of support, no-support, or items that should be changed. The measures and actions brought to the workshop had already undergone multiple rounds of review by the City staff and included cost assessment of the actions and measures in terms of relative cost to the City and cost to the community.
PROMOTION
Email blasts
Social media
Flyer distribution (English/Spanish)
Spanish Speaker outreach (in partnership with Corazon, including door to door outreach) Climate Action Healdsburg outreach (including collaboration with Corazon and other outreach activities)
o Op ed in newspaper
City Manager newsletter
Poster in Plaza (English/Spanish)
Flyers and Pre-Meeting Slide at Council meeting
ENGAGEMENT ACTIVITY
The room was separated into 6 sections to focus on the sectors included in the CMS (e.g., Building Energy, Transportation, Solid Waste, Water, Carbon Sequestration, and Other). Each section contained the sector related measures as well as the actions and associated cost printed out on posters. Participants were provided green and red stickers to vote “support” or “does not support” on actions, respectively. The attending City staff and consultants were stationed around the room to answer questions and engage in discussion on the different actions and measures.
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From the activity, it was noted that generally participants were in support of the proposed actions and measures as written, with more tree planting garnering the most support.
Community Surveys
Initial Climate Mobilization Strategy Survey (December 12th – January 31st) Following the Community Kickoff Workshop the Climate Mobilization Strategy Survey was released.
The survey was published in English and Spanish. The survey contained 10 questions that gauged what the respondent most valued about the Healdsburg community, how the CMS should support the community, concerns related to the development of the CMS, what sectors should be prioritized in the CMS and what they considered potential barriers.
PROMOTION
Offered in both English and Spanish
Email blasts
Social media
o Video with Utility Conservation Analyst (English/Spanish) o Reels of sample survey questions
Flyer/poster distribution (English/Spanish)
o Senior Center
o Library
Posted at computer stations
o Community Center
o City Hall & Community Development Center
Chamber/Visitor Center outreach
Spanish Speaker outreach (in partnership with Corazon, including door to door outreach) Climate Action Healdsburg outreach
City Manager newsletter
Poster in Plaza (English/Spanish)
Flyers at Council meeting
Attend Senior Center lunch
Senior Center newsletter
Promotion at Rotary Club meeting
January bill insert to all utility customers (English/Spanish) Added CMS information to template for all rebate check cover letters Email to all City staff
SURVEY RESULTS
There were 256 English responses and 12 Spanish responses to the survey. Survey respondents indicated that the aspects of the community that were valued most were the small-town feel, community and natural environment. Survey respondents ranked the changes to prioritize in the following order starting with the highest priority and ending with the lowest: water conservation,
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water/wastewater, waste reduction, active transportation/reducing VMT, electrification of vehicles, electrification/decarbonization of buildings, and carbon sequestration. Respondents felt that the CMS should contribute to the community by increasing resiliency, reducing GHG emissions, improve transportation, increase community involvement, modernize buildings, and provide economic opportunities, where the list goes from most selected response to least. Respondents listed the following concerns regarding the development and adoption of the CMS from greatest to least concern: associated costs, regulatory limitations, other (e.g., effectiveness of plan, resource allocation), technology changes, and transportation changes.
Strategy Prioritization Survey (April 22nd – May 21st)
The Strategy Prioritization Survey was released April 22nd for approximately a month. The survey was published in English and Spanish. The survey was prepared using Balancing Act which asked respondents to select one of three options (e.g., low, medium, high) per type of strategy. The low, medium, high strategies related to the level of GHG emission reduction impact and the level of City and community effort that would be necessary to implement the strategy. For each strategy, background and major considerations for implementation was provided on the type of strategy. For each level of strategy implementation (e.g., low, medium, high) information was provided on relative cost of that level of strategy implementation, the GHG reduction impact, and the type of actions that would have to occur. Respondents had to select enough strategies to achieve at a minimum 33,000 MT CO2e of reductions to submit the survey. Respondents were also able to rank and prioritize their selections. The following over arching strategies were included in the survey:
Increase carbon-free electricity
Electrification of new construction
Electrification of existing construction
Shift driving to public transit or car-share
Shift driving to walking or biking
Increase electric vehicle adoption
Reduce organic waste
Reduce water consumption
Increase carbon sequestration
The intent of the survey was to assess what respondents were willing to do to reach GHG reduction goals and which types of strategies they prioritized to get there.
PROMOTION
Offered in both English and Spanish
Email blasts
o Press release
Social media
o Video with Utility Conservation Analyst (English/Spanish) o CMS informational pictures
Flyer and brochure distribution (English/Spanish)
o Senior Center
o Library
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o Community Center
o City Hall & Community Development Center
o Coffee shops, ice cream store, and juice/smoothie store o Book stores
o Healdsburg Center for the Arts
o Safeway
o CVS
Chamber/Visitor Center outreach
Spanish Speaker outreach (in partnership with Corazon, including door to door outreach and pop up tabling)
Climate Action Healdsburg outreach (including collaboration with Corazon and other outreach activities)
City Manager newsletter
Poster in Plaza (English/Spanish)
Flyers and Pre-Meeting Slide at Council meeting
Promotion at Rotary Club meeting
Email to all City staff
City Pop Up tables
o Black Oak Coffee (April 27)
o Library (May 3)
o Senior Center Brunch (May 5)
o Food Pantry (May 10)
o Can Recycling Station (May 17)
o Day Labor Center (May 19)
SURVEY RESULTS
There were 460 English responses and 106 Spanish responses to the survey with an additional 65 survey responses occurring at the Climate Fest Pop-up event. In the energy sector, the results of the balancing act survey prioritized strategies in the following order: 1) increase carbon-free electricity, 2) electrify new construction, and 3) electrify existing construction. From the survey, the goals that received the most votes by strategy were: increase carbon-free electricity to 100% renewable and carbon-free, electrify new construction by 100%, and electricity 25% of existing buildings. In the transportation sector, the results of the balancing act survey prioritized strategies to shift driving to walking and biking with a goal of 15% mode shift being most favorable. English and Spanish responses differed for the other transportation strategies, where English responses indicated a preference for increasing electric vehicle adoption over increasing public transit use and Spanish responses indicated a preference for increasing public transit use over increasing electric vehicle adoption. From the responses, it appeared that a mode shift to 10-25% of public transit use was most favorable. A goal for an increase of electric vehicle adoption to 40-50% received the most votes from all respondents. A majority of respondents selected an organic waste diversion goal of 90% and a water conservation goal of 25%. Based on survey results the top four strategies were prioritized in the following order, where one is the highest priority: 1) increase carbon-free electricity between 85-100%, 2) electrify new construction (100% all-electric buildings), 3) reduce
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organic waste by diverting at least 90% organic waste from landfills, and 4) shift driving to walking and biking (15% mode shift). English respondents also ranked the strategy to increase electric vehicle adoption to 40-50% as a top five priority. Spanish respondents ranked the strategy to electrify existing building by 25% as a top five priority.
Final Strategy Survey (August 22nd – September 10th)
In conjunction with the publishing of the CMS Public Review Draft for public comment, the Final Strategy Survey was released on August 22nd
. The survey focuses on specific aspects of key
measures and actions to better understand community support for some of the actions that will require more changes or cost impacts. The survey also asks about which measures and actions should be addressed first. The results from this survey will be used to better understand community support for some of the key actions and to focus the implementation.
PROMOTION
Promotional activities will be similar to those used for the first two surveys.
SURVEY RESULTS
Survey results will be included with the final version of the CMS.
Community Pop-up Events
In addition to the above detailed community workshops and surveys there were also several pop-up events conducted to promote the CMS and engage the public. The Climate Fest Booth is described below and the other pop-up events were intended to promote the Strategy Prioritization Survey described above.
Climate Fest Booth Activity (April 22nd)
The City hosed a booth at Climate Fest in Healdsburg Plaza. At the booth, City staff and consultants engaged with the community and promoted the recently released Strategy Prioritization Survey.
Additionally at the booth, the City hosted an engagement activity which gauged participants interest in implementing different GHG reduction strategies such as waste diversion, electrification of their home and vehicles, and increased active transportation.
PROMOTION
Email blast
City Manager Newsletter
Social media
Overall Climate Fest promotional activities
Opportunity drawing for e-bike for electric customers that participated in activity at booth
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Appendix D
Implementation Plan
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Implementation Timeline by GHG Reduction Action
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
Measure BE-1: Procure 85% of electricity from renewable and zero-carbon sources by 2030 and 100% renewable and carbon-free no later than 2045.
BE-1.1 Conduct electrification infrastructure and capacity feasibility studies. This would include:
Develop a long-range community-wide electric energy and demand forecast to estimate future usage and peak demands due to adoption rates of building and transportation electrification. Use the forecast to help inform the amount of new energy sources needed and system capacity improvements. Formalize the City’s electric department long-range (ten-year) electric capital improvement plan with consideration for necessary infrastructure improvements to meet future demands.
Using the developed long-range energy and demand forecast, formalize a pathway (resource-plan) to meet the City’s energy needs and list of potential resources through 2045. Generation Resources may include a combination of local and remote generation sites as well as energy storage. Prioritize and schedule projects for implementation.
The energy forecast study and formalized plans should identify barriers for implementation of priority projects, as well as identify funding sources, impacts on rates, and partnerships needed for successful implementation.
Q1 - 2024 Utilities Moderate
Consultant time to conduct electrification feasibility and capacity studies (moderate) [$180,000 - $400,000]
Staff time [estimated 400 hrs] to support feasibility and capacity studies research (moderate) [$70,000 - $100,000]
Total [$250,000 - $500,000]
BE-1.2 Develop a resolution that Healdsburg Electric will exceed the requirements of SB 100 and SB 1020 by 2030 where 85% of the electricity mix is sourced from eligible renewable sources and/or carbon-free sources. As part of this resolution include actions of:
1. In setting the target, establish valuation rankings for various generation types and projects.
2. Consider the reliability and cost benefits of energy storage and/or demand response by 2030.
3. Continue to offer 100% renewable Green Rate with consideration that both the Standard and Green rates will reach the SB 100 goal of 100% renewable and carbon-free energy by 2045.
4. Indicate that geothermal and other low-carbon eligible renewables will continue to be included in the overall electricity mix.
Q4 - 2024 Utilities, City
Manager’s
Office
Low
Staff time [estimated 160 hrs] to conduct research and collect data to develop resolution and to develop staff reports and presentations for resolution adoption (low) [$15,000 - $25,000]
BE-1.3 Work with Lodi Energy Center (LEC) project participants to identify ways to support as well as streamline continue to advocate for and support the Department of Energy In
progress
Utilities Low
City and NCPA staff time to support the grant application preparation (low)
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
grant application to fund the LEC hydrogen-electrolyzer project. Identify and pursue other possible incentives or funding to transition facility to green hydrogen. This will reduce emissions of Healdsburg Electric electricity and increase reliability of the electricity source.
BE-1.4 Work with community groups, local organizations, and NCPA to:
Engage with community to advertise/highlight the adoption of the resolution establishing the goal of achieving 85% renewable and/or carbon-free electricity by 2030 and 100% renewable and/or carbon-free no later than 2045. Provide information on the process for providing reliable electricity 24/7 year around and the importance of power sources to ensure the reliability of the electricity provided.
Provide information to the community on the importance of achieving this goal and how to meet this goal through city and community actions and involvement. This may include information on the benefits of local generation of renewable energy versus purchasing of Renewable Energy Certificates (RECs) to promote community installation and use of solar and battery storage to better achieve local carbon-free electricity community wide. Implement a software solution for residents and businesses to view electric consumption data in near real time.
Include information on time of energy use as it factors into carbon intensity and how community members can capitalize on using electricity when it has the lowest carbon intensity (e.g., when to charge electric vehicles and when to run space heating and cooling). Work with industry experts to help with demand response planning, developing strategies to increase flexibility of the grid, and for informing consumers of carbon intensity of the electricity they are using to promote behavior change.
Q1 - 2025 Utilities, City
Manager’s
Office,
Community
group (i.e.,
Climate Action
Healdsburg)
Low
Staff time to develop partnerships and perform outreach, engagement, and education (low)
Materials and supplies for outreach, engagement and education events (low) BE-1.5 Partner with community organizations to ensure low/moderate income households are aware of the CARE and State’s HEAP program to receive decreased electricity rates and provide technical assistance.
Q4 - 2023 Utilities, City
Manager’s
Office,
Community
group (i.e.,
Corazon)
Low
Staff time to develop partnerships and perform outreach and education (low) Measure BE-2: Continue to adopt an Electrification Reach Code for all new residential and commercial buildings with each triannual code cycle. Update electrification ordinance to eliminate natural gas consumption in new construction for the 2025 California Building Standards Code and moving forward.
BE-2.1 Continue to enforce the Electrification Reach Code for the 2022 California Building Standards Code requiring electric space and water heating in new construction.
In progress Community
Development
No new costs
Continue staff time to enforce code (no cost)
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
BE-2.2 In 2025 and every 3-years thereafter if not included within State building codes, revisit the building electrification ordinance to update the scope and reduce exemptions to align with industry technology advancements. As part of ordinance update, include the following scope changes:
1. Minimize the exemptions associated with the ordinance and continue to require the submittal of an infeasibility waiver to review specific end uses where electrification is technologically infeasible.
2. Require that any end-use deemed infeasible for electrification exceed existing Title 24 energy efficiency standards and be electric ready for future electrification.
3. Establish a zero NOx threshold.
4. To limit stranded assets, work with developers and PG&E to restrict construction of new natural gas lines for new construction.
5. Streamline permitting for battery storage for use as a demand response tool and resiliency in the event of power outage.
6. Specify that affordable housing developments will be all-electric to ensure no stranded assets.
7. Revisit substantial remodel and improvement definitions to be included in the ordinance.
Q3 - 2025 Community
Development,
Utilities
Low
Staff time to update ordinance (low)
BE-2.3 Engage with the community, key stakeholders, and local-based community organization representing vulnerable communities to raise awareness about building electrification before revising the electrification ordinance. Emphasize the economic and environmental advantages of electrification and address concerns related to emergency response to minimize exceptions. Publicize the cost savings, environmental benefits, and flexibility of electrification through the City website and permit counters, targeting builders, property owners, and contractors.
Q1 - 2025 Community
Development,
Housing,
Utilities
Low
Staff time to conduct outreach and education (low)
Materials and supplies for outreach and engagement (low) BE-2.4 Engage with interested parties, both internal interested parties, such as City staff and officials, and external interested parties, such as local developers and community groups regarding the purpose and impact of the Healdsburg Electrification Reach Code and to identify and address equity concerns in policy implementation.
Q1 - 2025 Community
Development,
Housing,
Utilities
Low
Staff time to conduct outreach and education (low)
Materials and supplies for outreach and engagement (low) BE-2.5 Engage with affordable housing developers to leverage incentives for new all-electric and efficient low-income residential buildings through the California Energy Commission Building Initiative for Low-Emissions Development (BUILD) Program and the Affordable Housing and Sustainable Communities (AHSC) Program. Regularly investigate and leverage other incentive programs available for electrification of new buildings.
Q1 - 2024 Community
Development,
Housing,
Utilities
Low
Staff time to conduct outreach and education, and research existing incentive programs to promote (low)
Materials and supplies for outreach and engagement (low)
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
Measure BE-3: Decarbonize residential building stock by 10% by 2030.
BE-3.1 Assess the feasibility and cost for electrification retrofitting as well as identify potential equity concerns/impacts. Identify the appropriate project threshold to require electric upgrades in order to electrify 10% of existing residential buildings by 2030. Establish the funding and financing requirements necessary to support the community in this transition.
Q1 - 2024 Community
Development,
Housing,
Utilities
Moderate
Consultant time to conduct feasibility, cost, capacity, and equity analysis (moderate) [$50,000 - $100,000]
Staff time [estimated 100 hrs] to work with consultant in analysis, develop partnerships and working groups, and perform engagement (moderate) [$20,000 - $30,000]
Materials for community engagement activities (low) [$1,000 - $10,000] Total [$71,000 - $140,000]
BE-3.2 Continue to monitor the 9th circuit court of appeals of the CRA vs City of Berkeley ruling.
Once electrification costs and funding/financing options are identified, develop anelectric-preferred reach code for existing residential buildings during the next building code cycle to be implemented through the building code for projects that are valued at $250,000 or greater. Include the following aspects in the code development:
1. If necessary, modify the reach code such that it satisfies the federal Energy Policy and Conservation Act’s (EPCA) seven criteria for an exemption from preemption.
2. Establish a zero-NOx standards for replacement appliances.
3. Establish a time of renovation energy efficiency performance requirement and electrification requirement that includes a checklist of cost-effective efficiency and electrification options for renovations to be completed based on scale of project.
Q3 - 2025 Community
Development,
Housing,
Utilities
Low
Staff and/or consultant time required to monitor the ruling and develop the mandatory requirements within the building code (low) [$25,000 - $60,000] Staff time required for adoption of requirement (low) [$10,000 - $20,000] Total [$35,000 - $80,000]
BE-3.3 Align with SB 379 to implement an online, automated permitting platform. As part of a comprehensive permitting compliance program, include routine training of City staff, dedicating City staff time to building inspections, charging fees for noncompliance, providing easy-to-understand compliance checklists online and with permit applications, and facilitating expedited permitting online.
In progress Community
Development
Low
Ongoing staff time to review projects and implement compliance program. (Low) [$12,000 - $15,000 annually]
Grant received and in process for online permitting.
BE-3.4 Continue to provide incentives available for community members installing solar and battery storage to their homes such as a Net Metering Program with highcompensation NEM rates, and continue to provide incentives for energy efficiency and efficient electrification upgrades. Provide resource information to the community through websites, workshops, and partnerships. Include outreach to newly sold homes, when homeowners are more likely to make upgrades.
In progress Utilities,
Community
Development
Moderate
Staff time [estimated 200 hrs] for program expansion to include outreach to newly sold homes (low) [$20,000 - $35,000]
Consultant time for outreach activities, develop outreach tool-kit, and website upkeep (low) [$30,000 - $50,000]
Materials and supplies to provide to community (e.g., brochures) (low) [$2,000 - $5,000]
Incentives and rebates to offset home or property owner costs (moderate) [$200,000 - $300,000 annually]
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
Net Energy Metering compensation for excess electricity generation (moderate) [$0.0888 per kWh net-generation]
Total [$252,000 - $390,000]
BE-3.6 Develop an appliance direct install program for Multi-Family income-restricted properties. Consider implementing a Neighborhood Retrofit Program to improve resiliency in residential buildings (i.e., on-site power generation and storage, weatherization, cooling, etc.), with an emphasis on connecting incentives and resources with rental property owners and low-income residents. Partner with community organizations to utilize existing resources.
In progress Utilities,
Community
Development
Moderate to High
Staff or consultant time to develop and launch program, conduct outreach, develop partnerships, and coordinate implementation (moderate) [$100,000 – $200,000 annually]
Vendor cost to provide appliances and direct install services (moderate to high) [up to $2,500,000]
Materials and supplies for outreach activities (low) [$2,000 - $10,000 annually] Other incentives and rebates included in BE-3.5
Total [$2,600,000 – $2,710,000]
Proposed Budget [$500,000 Annually]
BE-3.8 Continue to conduct periodic energy efficiency rebates reviews. Promote existing available rebates and incentives for energy efficiency and electrification from Healdsburg Electric, the State, and the Federal government through partnership with Climate Action Healdsburg to educate the community on ways to finance electrification.
In progress Utilities,
Community
group (i.e.,
Climate Action
Healdsburg)
Low
Staff time to review rebates and conduct community outreach (low) Measure BE-4: Decarbonize non-residential building stock by 10% by 2030.
BE-4.1 Identify non-residential building electrification barriers and analysis supporting future adoption of a non-residential building electric-preferred reach code. Assess the cost range for electrification retrofitting for different industries. Identify the appropriate project threshold to require electric upgrade in order to electrify 10% of existing nonresidential buildings by 2030.
Q1 - 2024 Community
Development,
Utilities
Moderate
Not quantified (to be completed with Action BE-3.1)
BE-4.2 Continue to monitor the 9th circuit court of appeals of the CRA vs City of Berkeley ruling.
As part of the next building code cycle, develop an electric-preferred reach code for existing non-residential buildings to be adopted by 2026 to be implemented through the building code for projects that are valued at $500,000 or greater. As part of this reach code include the following steps:
1. If necessary, modify the reach code such that it satisfies the federal EPCA’s seven criteria for an exemption from preemption.
2. Encourage commercial buildings to comply with the Commercial Energy Performance Assessment and Disclosure Program (AB 1103).
3. Establish a zero-NOx standards for replacement appliances.
Q3 -2025 Community
Development,
Utilities
Low
To be developed in concert with Action BE-3.2 and Action BE-3.3
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
4. Enforce the permitting of replacement appliances through the same permitting compliance program as for residential building electric-preferred reach code.
BE-4.4 Continue to partner with electrification/efficiency experts to provide guidance to commercial buildings covered by the new code(s) and/or ordinance(s).
In progress Community
Development,
Utilities
Low
Continue partnerships to provide technical assistance (low) City staff estimate current costs at less than $10,000 per year, depending on technical support needed.
Measure BE-4A: Decarbonize 50% municipal buildings and facilities by 2030.
BE-4A.1 Develop a resolution to decarbonize 50% of municipal buildings and facilities by 2030 and 100% by 2045, by retrofitting natural gas appliances with electric alternatives.
Include in the resolution an ‘electric first’ purchasing policy for any equipment or appliances in need of replacement.
Q2-2024 Community
Development,
Central Services
High
Staff time [60 hrs] to develop resolution and develop replacement schedule (low) [$8,000 - $12,000]
Consultant to conduct natural gas appliance audit (moderate) [$40,000 – $60,000] Capital/comparative cost for appliance and lighting replacements and building retrofits as needed (high) [$35-$200/square foot]
Long-term energy bill savings (no-cost) [~ $2,000 over 15 years] Total per 50,000 square feet [$1,796,000 - $10,070,000] BE-4A.3 Gain funding for and complete a Wastewater treatment plant energy efficiency study and implement the highest impact recommendations.
In progress Utilities High
City staff estimate:
Staff time to acquire funding (low) [$5,000]
Staff and consultant time to conduct an energy efficiency study (moderate) [$45,000 - $85,000]
Capital costs to implement study recommendations (high) [$10,000 - $1,000,000+] Total [$60,000 - $1,090,000]
Measure T-1: Implement programs that increase access to safe active transportation, such as walking and biking, that achieve 15% of active transportation mode share by 2030.
T-1.1 Work with Sonoma County Transportation Authority (SCTA) to update the 2013 Existing and Planned Bicycle and Pedestrian Facilities for City of Healdsburg with new planned and completed projects by 2025. As part of the update consider including:
1. Identified projects from the 2013 plan not yet implemented and include a progress update and/or reasons that identified projects were determined infeasible in updated Master Plan
2. Safe Routes to School plan
In progress Public Works High
Initial Planning Cost
Consultant time to develop Safe Routes to School Plan (SRSP) (moderate) [$100,000 - $210,000]
Staff [estimated 300 hrs] time to work with SCTA to update Bicycle and Pedestrian Plan (moderate) [$150,000 - $300,000]
Consultant or staff time to conduct analysis (e.g., identification of areas for through traffic closure, equity analysis) for update (moderate) [$45,000 - $60,000]
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
3. Increased biking infrastructure off the main street to enhance connectivity throughout the City and/or in communities where there is currently no or limited infrastructure
4. In partnership with surrounding communities, identify opportunities for infrastructure improvements or expansions to enhance cross-community active transportation
5. Explore streets for permanent through traffic closures to promote walking, biking, and other forms of active transportation with a focus on closing off downtown
6. Explore areas of the City to remove parking and/or additional traffic lanes to prioritize outdoor seating and dining
7. Determine equity barriers to safe bike and pedestrian infrastructure. Materials and supplies needed for outreach and engagement events throughout process of updating document (low) [$5,000 - $10,000]
Total [$300,000 – $580,000] (some costs supported by grant for plan update) Estimated Infrastructure Cost based on study for FHWA (would vary substantially based on location and improvements needed)
Capital cost for increasing and improving biking infrastructure (high) [$325,000 - $650,000 per mile]
Capital cost for short-term street closures (moderate) [$50,000 – $150,000 per closure location]
T-1.2 Continue to utilize discretionary funds to implement the bicycle and pedestrian infrastructure improvements and updates such as the protected bike lanes along Healdsburg Avenue and reduction of through lanes on Healdsburg Avenue (e.g., Healdsburg Avenue Improvement Project). Select consultant to finalize designs for Healdsburg Avenue Improvement Project by end of 2023 to aim for project completion end of 2028. Improvement projects underway include:
1. Healdsburg Avenue Complete Streets improvements
2. Grove Street improves including ADA compliance
3. Foss Creek & Front Street connections
4. Saggio Hills Foss Creek Pathways Extension
In progress Public Works,
Finance
Department,
Community
Services
High
Staff and consultant time to finalize designs (low)
Infrastructure investment (high)
Capital costs to implement bicycle and pedestrian infrastructure improvements (high)
City staff estimate for current projects underway:
Healdsburg Ave [$15M]
Grove Street [$3-4M]
Foss & Front [<$1M]
T-1.4 Develop the Pilot Bike Share Program into a permanent and dependable bike share network that provides access to key destinations throughout the City, and work with regional partners including SMART and others, to assess potential for a regional bike share system. Include educational outreach and campaigns promoting use of the reinspired program.
Q3 - 2025 Public Works,
Community
Development
Moderate
Staff time to develop regional partnerships and conduct outreach and education (low)
Staff time and capital costs to develop program (moderate) Total [Current 3-year pilot costs approximately $100,000 per year. Staff estimate future costs of $100,000-$150,000 annually, and would encourage bike share vendor to seek local business sponsorship.]
T-1.5 Coordinate regionally through Sonoma County leveraging the regional active transportation plan to facilitate cross-community active transportation improvements, such as SMART multi-use path and Great Redwood Trail. As part of this action include community outreach and education on active transportation improvements to affected areas as well as the community.
In progress Public Works,
Community
Development,
RCPA/SCTA
Low
Staff time to conduct education and outreach and coordinate infrastructure improvements with regional partners (low)
T-1.6 Evaluate existing bike parking facilities and evaluate what improvements can be made to increase supply, reduce theft, and increase rider attraction. This would include surveying existing bike parking facilities throughout the city and developing policies to Q1 - 2024 Public Works,
Community
Development
Moderate
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Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
increase and/or improve these facilities with preference given to improving bike parking facilities near public transit stops and expand access to safe transit (i.e., first and lastmile access). Include analysis of last mile limitations and hurdles. Explore ways to require safe, secure bike parking and/or bike lockers as part of large commercial and multi-family projects.
Staff and consultant time to conduct evaluation and identify opportunity improvements (moderate)
Total [City staff estimate costs to be similar to BE-3.1 and BE-3.2 [$35,000 - $140,000]]
Initial budget of $10,000
T-1.8 Partner with local bike shops to provide subsidies to low-income residents for bicycles, helmets, pumps, and other bicycle equipment. Continue to offer e-bike rebates with increased rebate opportunities for low-income customers. Implement an incomequalified coupon for the e-bike share program, in addition to the available 50% discounted e-bike share rate.
In progress Public Works,
Utilities
Moderate
Staff time to develop partnerships (low)
Capital costs to increase and provide new rebates (moderate) Total [City staff estimate $50,000 annually]
Measure T-2A Structural: Explore the development of a micro-mobility and/or car-share program to support mode shift from single occupancy fossil fuel vehicles to Zero Emission Vehicles.
T-2A.1
Conduct a background review of options for purchasing, operating, and maintaining an on-demand door-to-door e-shuttle. This may include the development of a new ondemand e-shuttle, the expansion of DASH for all residents of Healdsburg, or the development of a program to subsidize the cost for electric car-share programs such as Uber or Lyft. The analysis should include identification of potential funding sources (e.g., grants, local taxes, local business sponsorship, discretionary funds, etc.) and identification of barriers and opportunities for how such a micro-mobility program may enhance active transportation or public transit use. Present the findings to City Council and the public to determine next steps.
Q2 - 2024 Public Works,
City Manager’s
Office
Moderate
Staff and consultant time to conduct feasibility study (moderate) (City staff estimate costs similar to T-1.6 [$35,000 - $140,000].)
T-2A.2
Based on the findings of the feasibility study and the response from City Council and the public, develop and implement a micro-mobility policy that establishes a deployment protocol and permitting process, identifies any restrictions for use for safety reasons, and promotes equitable access through requirements for consistent placement of micro-mobility devices (e-scooters, e-bikes, etc.) in underserved areas or reductions in usage fees for lower-income users.
Q1 - 2025 Public Works,
City Manager’s
Office
Moderate/High
Staff time [300 hrs] to develop and implement micro-mobility policy (moderate) [$35,000 - $60,000]
One part-time employee for staff management of program and permitting process (moderate) [$50,000 - $70,000]
Annual cost to fund micro transit service operated by City (high) Micro transit annual budget if City funded [$500,000 - $2M]
Funding potential through Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program
Measure T-3: Develop programs and policies to discourage driving single passenger vehicles and to support the bicycle/pedestrian and public transit mode share goals of Measures T-1 and T-2.
T-3.2
Investigate parking policies to disincentivize single passenger vehicles while enabling alternative options for communities meeting defined equity metrics. Based on City Council and public feedback, implement parking policies to disincentivize single passenger vehicles. This may include options such as, but not limited to:
Q1 - 2026 Public Works,
Community
Development
Moderate
Staff and/or consultant time to evaluate parking policies and structures (moderate) [$60,000 - $100,000]
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Climate Mobilization Strategy D-9
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
1. Eliminate or severely limit parking options for single-passenger vehicles in downtown and other commercial areas of the city using best available information on implementation.
a. Implement a parking permit system to reserve available parking for employees of businesses downtown or in commercial areas.
2. Utilize a static or dynamic parking pricing for all downtown parking locations and use revenue to fund active transportation and public transportation projects.
3. Price all public parking spaces for all areas of the city with fees directed towards active transportation
Staff time [1 FTE] to develop, implement and enforce parking permit system and program (moderate) [$100,000 - $200,000 annually]
Capital cost in smart parking meters, equivalent parking price equipment, and/or enforcement technology(moderate) [$20,000 - $60,000]
Cost offset associated with revenue from parking fees and permits (no-cost) Total [$180,000 - $340,000]
T-3.3
Conduct an analysis of the potential community impacts and benefits of charging for parking in downtown. Analysis should include evaluation of different parking fee structures as well as ensure that potential equity concerns are identified.
Q1 - 2026 Public Works Moderate
Staff and consultant time to conduct analysis (moderate) City staff estimate costs similar to T-1.6 [$35,000 - $140,000].
Measure T-4: Increase passenger zero-emission vehicle use and adoption to 50% by 2030.
T-4.1 Develop a reach code requiring electric vehicle capable charging spaces. Amend the Healdsburg Development and Municipal Code to promote EV chargers in new development and existing parking spaces, to require at minimum:
Single Family – CalGreen Tier 2 provisions
Multifamily – CalGreen Tier 2 provisions
Non-Residential – CalGreen Tier 2 provisions
Expand the designation of EV charging parking spaces to 15% of existing parking spaces within the City by 2030.
Require larger residential rental building owners (more than 20 tenants) and large commercial building owners (more than 10,000 square feet) to install working electric vehicle chargers in 20% of parking spaces for new and existing buildings.
Expediate EV charger permits
Q2 - 2025 Community
Development,
City Manager’s
Office
Low
Consultant time to aid in development of reach code (low) [$25,000 - $40,000] Staff time [estimated 80 hrs] required to support reach code development and for adoption of requirement (low) [$12,000 - $15,000]
Total [$37,000 - $55,000]
T-4.5 Continue to promote the EV Monthly Bill Discount Program with increased discount opportunities for low-income customers, and develop an updated or replacement program following program sunset in 2025. Continue to promote affordable EV charging rates at city-owned EV charging stations and adjust rates as necessary to cover program costs.
In progress Utilities Moderate
Continue staff time to promote programs and rates (no cost) Staff time and capital costs to develop incentive program (moderate) Total [City staff estimate $150,000 - $200,000 annually] T-4.6 Utilize the CALeVIP rebate to install new electric vehicle chargers at the Senior Center and downtown Maher lot. Applied for Federal Charing and Fueling Infrastructure (CFI) In progress Utilities, Public
Works,
Community
Moderate
Capital costs to install electric vehicle chargers, offset by grant funding (moderate)
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D-10
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
grant to install electric vehicle chargers at the Community Center, Giorgi Park, High School, and West Plaza.
Development,
Community
Services
Total [City staff estimate $425,000 from already approved budget, plus an additional $680,000 from grant funding (if awarded)]
T-4.8 Promote incentives and financing options for residential electric vehicle charger installations. Develop programs and policies to add 500 new publicly accessible and private workplace Level 2 and 3 electric vehicle charging stations to the City by 2030 through grants such as the California Energy Commission’s Clean Transportation Program. Develop programs that incentivize residents and businesses to charge during times of abundant solar resources and avoid charging during peak hours and grid emergencies
In progress Public Works,
Utilities, City
Manager’s
Office
Moderate to High
Staff time to conduct outreach and education (low)
Staff time to develop programs and policies (moderate) Total [City staff estimate $500,000 - $2,500,000, depending on public charger rebate amount and grant availability. Proposed budget of $100,000 annually.
Other action components to leverage T-4.5]
Measure T-5A: Lead by example and electrify or otherwise decarbonize the municipal fleet in compliance with the state’s Advanced Clean Fleet Rule.
T-5A.1 Continue to implement the Zero-emission vehicle first purchasing policy for all lightduty municipal vehicles, and update to also include off road equipment, medium-duty vehicles, and provide a path to comply with the State’s Advanced Clean Fleet rule requiring 50% of medium- and heavy-duty vehicle purchases be zero-emissions beginning in 2024 and 100% beginning in 2027. Also consider operational needs to determine appropriate size of vehicles. Maintain exemptions needed to ensure public safety and delivery of critical services.
Q1-2024 Central Services Moderate
Staff time to update policy (low)
Comparative cost to purchase and maintain ZEV instead of internal combustion engine vehicle and off road vehicle (low - moderate)
Lifecycle cost savings for ZEV (no-cost)
Total on-road [City staff estimate incremental light duty vehicle cost increase of $10,000-$15,000 per vehicle, additional charging infrastructure costs of $200,000, and ongoing savings in fuel costs. Incremental costs for medium- and heavy-duty vehicles will vary widely.]
Total off-road [City staff estimate incremental off road vehicle replacement cost increase of $20,000-$30,000 per vehicle, additional charging infrastructure costs of $50,000, and ongoing savings in fuel costs.]
T-5A.2 Install additional ZEV chargers in municipal parking lots for fleet, employees, and public use to meet projected demand.
In progress Community
Development,
Utilities,
Central Services
Moderate
Capital costs to install ZEV chargers (moderate)
Total [City staff estimate public chargers to cost up to $200,000 per parking lot (6 connectors), depending on infrastructure and accessibility. Non-public charger costs are substantially lower.]
T-5A.3 Develop a resolution to replace City-owned end-of-life small off-road equipment with electric equipment (e.g., lawn equipment and leaf blowers) at time of replacement.
Q1-2025 Public Works,
Community
Services,
Central Services
Low
Staff time to develop resolution (low)
Incremental costs for small off road equipment (low – moderate)
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Climate Mobilization Strategy D-11
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
Measure SW-1: Achieve Zero Waste by 2030 through 90% diversion of solid waste from the landfill.
SW-1.1 Meet the requirements of SB 1383 to reduce organics in the waste stream by 75% below 2014 levels by 2025 and achieve Zero Waste through 90% solid waste diversion by 2030. Include activities such as:
1. Implement enforcement and fee for incorrectly sorted materials with sensitivity to shared collection.
2. Assure adequate bin signage across commercial and residential areas of acceptable landfill, recyclable, and compostable materials.
3. Conduct additional free compost bin giveaways and promote the free curbside organics collection service by Recology
4. Expand existing ban on polystyrene foam products containing PFAS to include additional items without means of recycling or recycling markets, such as produce bags, plastic packaging, straws, plastics #4-7, and mixed materials.
5. Implement pilot project for reusables for restaurant to-go containers.
6. Identify long-term and alternate solutions for the community’s wastewater bio-solids to avoid long hauling distances and develop local, beneficial reuse.
7. Identify public areas for adding composting and recycling bins where needed.
Partner with Recology and Zero Waste Sonoma as applicable for the actions listed above.
In progress Public Works Moderate
Staff time [estimated at 100 hours] to develop and implement pilot projects (moderate) [$20,000 - $38,00]
Capital costs to develop and implement pilot projects (i.e., reusable to-go container program) (moderate) [$125,000 - $375,000]
One-part time employee to develop and implement enforcement and fee program (moderate) [$60,000 - $80,000]
Capital costs for adding bins in public areas (moderate) [$50,000 - $75,000] Staff time and materials and supplies to conduct outreach and education including bin distribution events (low) [$25,000 - $50,000 annually] Staff time [estimated at 80 hours] to amend existing ban on polystyrene products (low) [$12,000 - $15,000]
Staff and consultant time to conduct feasibility study for wastewater bio-solids (moderate) [$100,000 - $150,000]
Cost offset based on revenue from lid flipping fees (no-cost) Total [$400,000 – $700,000]
SW-1.2 Partner with Zero Waste Sonoma to support a Bring your own (BYO) education and outreach training for residents and businesses on reusables and implementing more sustainable packaging into daily use. Also educate the community on food scraps.
Provide resources of education and technical assistance on city website. Partner with libraries and other existing facilities to market campaigns about waste reductions, reuse and repair.
Q1 - 2024 Community
Services,
Housing, Public
Works
Low
Staff time to develop partnerships and conduct outreach and education (low) Materials and supplies for outreach and education (low) SW-1.4 Leverage Zero Waste Sonoma 2022 Waste Characterization study and visual characterization conducted at the Healdsburg transfer station to understand the waste stream and create a plan to increase diversion and reduce contamination. Continue to work with Zero Waste Sonoma to conduct a waste characterization study every 5 years that includes Healdsburg to inform programs and policies.
In progress Public Works Low
Staff and/or consultant time to create a plan (low)
Continue staff time to maintain relationship with partners (no cost) SW-1.5 Partner with Recology and/or Zero Waste Sonoma to pursue funding, such as from CalRecycle, to outfit multi-family homes with zero waste infrastructure and expand waste diversions programs within the City.
2024 –
ongoing
Public Works Low
Staff time to develop partnerships and acquire funding (low)
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D-12
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
SW-1.6 Develop and implement a Zero Waste Protocol for special events. Q1 - 2024 Community Services
Low
Staff time to create and implement a protocol (low)
Measure W-1: Reduce per capita potable water consumption by 25% by 2030.
W-1.1 Update the Urban Water Management Plan every 5 years, as required by the State, and implement the identified demand reduction actions to ensure compliance with the State’s Making Water Conservation a Way of Life regulations. Include new actions in the UWMP as needed to achieve State regulations. List of actions that may be included is provided in CMS.
2025-2026 Utilities Moderate
Staff and/or consultant time to update plan (moderate) Total [City staff estimate $15,000 - $20,000 to update required plan. Cost of implementation for new actions will vary widely.]
Measure CS-1: Increase carbon sequestration by preserving existing mature trees and planting 500 new trees and high emissions reduction potential land cover types throughout the community by 2030.
CS-1.1 Develop a Street Tree Master Plan to include goals for promoting street tree health, enhancing resiliency, increasing the environmental benefits and co-benefits resulting from street trees and shading, community engagement around the urban forest.
Include activity to promote street tree health and maintaining existing trees through partnerships with the community and local organizations, including organizations with connections to vulnerable communities to assist in the implementation of the Street Tree Master Plan to ensure equity is prioritized as part of the plan.
Q1 - 2024 Community
Services,
Community
Development,
Public Works,
City Manager’s
Office
Low
Staff or consultant time to develop Street Tree Master Plan (low) [$50,000 - $200,000]
Staff time [estimated 100 hrs] for community outreach activities and development of partnerships (low) [$10,000 - $20,000]
Funding potential through CAL FIRE Urban and Community Forestry grant [$150,000 - $ 200,000]
Total [$60,000 - $220,000]
CS-1.2 Develop a new Tree Protection Ordinance to include protection for native and heritage trees. The ordinance should regulate the removal of not just heritage trees, but native trees that increase the City’s carbon stock and carbon sequestration. Ordinance may include:
1. Development requirements to protect or replace one-for-one existing trees and greenspace.
2. Implementation of a tree removal in-lieu fee that provides funding for the City to plant a new tree equivalent to every tree removed from private property.
3. Identification of native tree species and heritage trees to be protected.
4. Shade tree requirements for new development
5. Parking lot landscaping requirements
6. Increased permeable surfaces and green spaces in new development
7. Vegetative barrier requirements between busy roadways and developments to reduce exposure to air pollutants from traffic
8. Protocols for proper tree maintenance and care
9. Best practices to protect existing carbon stocks against wildfire risk Q4 - 2023 Community
Development,
Community
Services, City
Manager’s
Office
Low
Staff time to develop ordinance (low)
Capital cost of trees (low)
Lifecycle cost of tree maintenance (low)
CS-1.3 Establish an adopt-a-tree or adopt-a-street program that enables individuals, businesses, and community organizations to plant and care for trees in selected Q4 - 2023 Community
Services,
Moderate
Staff time and capital costs to develop program (moderate)
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Climate Mobilization Strategy D-13
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
communities. Program should provide formalized information on appropriate trees eligible for planting in Healdsburg (i.e., native, drought tolerant, locations, fire resistant) and their maintenance. Leverage existing plant lists developed by nearby and partner organizations.
Community
Development,
Fire,
Community
Group (e.g.,
Climate Action
Healdsburg)
Materials and supplies for education (low)
Total [City staff estimates $15,000 per 150 trees, to potentially be supported by inlieu fees, donations, or other funding.] CS-1.4 Prioritize low-income areas of the city with less existing tree canopy for tree plantings.
Increase shading in gathering spaces.
2024 –
ongoing
Community
Services,
Community
Development
Low
Capital cost for planting and maintaining shade trees (low) CS-1.5 Explore urban and community forestry grant programs (e.g., CAL FIRE) and other sources of state, federal, and philanthropic funding to fund urban forestry programs. As part of this effort, establish a goal to apply for at least one grant every three years. 2024-
ongoing
Community
Services, Fire,
Public Works
Low
Staff time to research grants and establish goal (low) Measure CS-2: Maintain and expand existing restoration projects to sequester carbon in restored lands.
CS-2.1 Continue maintenance and expansion of Healdsburg Ridge Open Space Preserve (150 acres), and the Fitch Mountain Park and Open Space Preserve (170 acres), including wildfire mitigation. Continue maintenance and restoration projects in existing green spaces within City and urban areas.
Ongoing Community
Services, Fire
Moderate
Enhanced staff time to manage preserves and green spaces (moderate) Capital costs to expand preserves (moderate) (Expansion would depend on available land and partners)
CS-2.6 Partner with local community organizations to promote and coordinate sequestration opportunities and facilitate volunteer maintenance projects.
Q1 - 2025 Community
Services
Low
Staff time to develop partnerships and support outreach and engagement (low).
Measure CS-3: Align with SB 1383 and procure products of organic diversion at a rate of 0.08 tons of organic waste per capita per year with a focus on increasing compost application within City limits to increase carbon sequestration.
CS-3.1 Meet the baseline procurement requirement of SB 1383 through direct procurement of applicable products, as feasible, for the City’s use and application. Establish contracts with service providers that use applicable products (e.g., landscape services, transportation services, waste haulers) on the City’s behalf to meet the remaining procurement requirement not met through direct procurement.
Q1 -2025 Public Works Moderate
Staff time to evaluate opportunities and maintain procurement activities (low) Staff time to establish and maintain contracts (moderate) Total [City staff estimate similar to part time enforcement in SW-1.1 [$60,000- 80,000]]
CS-3.2 Identify locations within the City to apply compost as applicable/appropriate to help meet the procurement requirements of SB 1383. Leverage Zero Waste Sonoma to collaborate with local schools, City Departments, Ag+Open Space, and the Resource Conservation Districts to identify additional opportunities to apply compost.
Q1 - 2024 Public Works,
Community
Services
Moderate
Staff and/or consultant time to conduct study (moderate) Total [City staff estimate approximately $35,000 for study and collaboration.]
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D-14
Measure/
Action
Action Text Start Date Responsible
Departments
Estimated Costs
CS-3.3 Implement compost application on City-owned properties, according to findings of feasibility study for suitable locations and appropriate application rates.
Q2 -2024 Public Works,
Community
Services
Low
Staff time to apply compost or coordinate with service providers (low) Increases to scope of work with service providers (low) CS-3.5 Work with Recology and ZWS to provide residents, businesses, and developers with educational material on where to get compost and how it can be used (i.e., landscaping), as well as how compost promotes carbon sequestration. Consider increasing free compost giveaways.
Q1 -2024 Public Works Low
Staff time to develop partnerships (low)
Materials and supplies for education (low)
Bulk compost purchases (moderate)
CS-3.6 Prioritize providing increased outreach and translated materials on the annual compost giveaway to low-income households, small businesses, and other vulnerable communities.
Q2 - 2024 Public Works,
Community
Services
Low
• Staff time and outreach materials (low)
CS-3.7 Apply for at least one grant every three years for obtaining grant funding for SB 1383 compliance.
2024 -
ongoing
Public Works Low
Staff and/or consultant time to prepare grant applications (low) CS-3.8 Work with Sonoma County to identify opportunities for a regional compost procurement program to help meet the organics procurement provisions of SB 1383 as well as streamline hauler routes through regional collaboration.
Q1 - 2024 Public Works Low
Staff time to develop partnerships and identify opportunities (low) Measure F-1: Identify Administrative Needs for Successful CMS Implementation F-1.2 Consider creating a Climate Program Manager new position who is responsible for implementing CMS measures and actions by drafting ordinances, managing technical studies, leading outreach efforts, updating online information, managing the webpages and Facebook posts to promote climate programs, networking with partners and stakeholders, and pursuing grant opportunities.
Q1 - 2024 City Manager’s
Office, Human
Resources,
Finance
Department
Moderate
Staff time for new position [1 FTE] (moderate)
Total [City staff estimate up to $170,000 per year for salary, benefits, and operating expenses.]
F-1.2 Report progress on CMS implementation annually to the City Council to measure progress and ensure accountability in achieving CMS emissions reduction goals. 2024 –
ongoing
Climate
Program
Manager
Low
Staff time to report progress (low)
F-1.3 Partner with RCPA and other jurisdictions to ensure transparency in GHG emission reporting and make GHG emission data and inputs publicly available.
Q2 - 2024 Climate
Program
Manager
Low
Staff time to develop partnerships and coordinate (low)
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GHG Emissions Reduction Measures and Actions for Future Consideration
8.A.f
Packet Pg. 273 Attachment: Attachment 6: Appendix E Future Considerations (3912 : Review Draft Climate Mobilization Strategy) Future Consideration
Climate Mobilization Strategy E-1
Future Consideration
The list below includes items for future consideration as resources, partnerships, technology, etc. become available. It also includes items that other organizations can take the lead on and the City would provide minimal support or promotion as others choose to implement actions or develop programs. These items are measures and actions that were included in early drafts of the CMS measures and actions list or items that arose during the CMS development process. These items are not included in the final CMS measures and actions list, but may be considered in the future. ▪ Leverage, promote, and support as needed the efforts led by others that relate to the measures included in the CMS as new programs are developed or opportunities arise ▪ Consider requiring all large employers (more than 50 employees) and new construction to develop a Transportation Demand Management (TDM) Plan, including a Municipal TDM ▪ Consider adopting an internal carbon pricing policy
▪ Investigate opportunities for a city-wide carbon tax or other taxes/fees to fund future efforts ▪ Explore new carbon sequestration and carbon capture opportunities as technology advances and opportunities arise
▪ Evaluate opportunities to procure Renewable Natural Gas to meet the procurement requirements of SB 1383
▪ Consider park designs that increase carbon sequestration potential as parks are re-done or enhanced
▪ Consider adoption of a Construction Demolition ordinance ▪ Explore local opportunities to facilitate the siting and permitting of processing and end market infrastructure or participate in regional projects if developed ▪ Consider incorporating increased lid-flipping into franchise agreement with Recology
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 5, 2023
SUBJECT: L&M Village Quarterly Update
PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):
Provide Effective Governance
RECOMMENDED ACTION(S):
Receive the L&M Village Quarterly update.
COMMUNITY ENGAGEMENT/OUTREACH:
This report will be heard at a public meeting where time is set aside for public comment and participation. City staff and Reach for Home will continue to maintain open communication with the neighbors of the project and the community at large, providing quarterly updates and addressing information requests.
BACKGROUND:
The L&M Village Program represents a collaborative effort between the City of Healdsburg, Reach for Home, and Burbank Housing to address homelessness by providing transitional housing and supportive services to individuals experiencing chronic homelessness. The program's inception and progression are marked by a series of pivotal steps:
October 18, 2021: The City Council authorized City staff, in partnership with Reach for Home and Burbank Housing, to apply for the FY 2021-2022 Project Homekey program. This application sought funding for the acquisition of the L&M Motel by the City, intended for use as interim housing for those facing chronic homelessness.
October 26, 2021: The County of Sonoma passed Resolution No. 21-0431, authorizing the Project Homekey Round-2 (PHK-2) Supportive Services Funding Framework and Early Capital Match Program. This resolution allocated $950,000 in Capital Match funding and $3,388,660 in operating subsidy for the L&M Village.
October 27, 2021: In collaboration with Reach for Home and Burbank Housing, the City applied to the State of California, seeking $5,720,000 in Project Homekey capital funding and
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$1,328,800 in operating subsidy. This comprehensive effort resulted in securing a total of $7,048,800 in State funds.
December 21, 2021: The State of California officially announced the success of the City, Reach for Home, and Burbank Housing's application for Project Homekey funding. This announcement came with a conditional award of the requested funds, contingent upon the execution of the State’s Standard Agreements.
February 16, 2022: The City entered into a State Standard Agreement with the State of California to receive Project Homekey funding and subsequently, on March 23, 2022, the City received the PHK-2 program funds, covering both capital and operational costs.
May 3, 2022: Escrow on the L&M Motel was officially closed, signifying the property's transfer into City ownership.
November 21, 2022: The City adopted Resolution No. 173-2022, approving the Lease, Funding, and Service Agreement with Reach for Home. This resolution outlined the utilization and operation of the L&M Village project, encompassing the Terms of Service and an Annual Budget for the Project.
April 17, 2023: The City Council received the first quarterly report on the progress of the L&M Village.
The purpose of this report and presentation is to provide the City Council and the public with an update on the L&M Village's operational status, program outcomes, trends, and financial status.
DISCUSSION/ANALYSIS:
As of the second quarter of 2023 (May to August), the L&M Village program has made significant strides in addressing homelessness within our community. During this operational period, the L&M Village's case managers have diligently focused on facilitating participants' transition to housing.
Activities such as property viewings, application submissions, and enrollment in low-income housing programs have been integral to this effort. Furthermore, the program has benefited from an interim housing supervisor hired in May 2023, who has been instrumental in supporting daily operations and housing goals.
To maintain the success of the L&M Village, facilitating a transition to permanent housing for participants is crucial. Reach for Home has diligently secured 21 housing vouchers, and emphasis is now placed on housing location and landlord engagement to utilize these vouchers effectively. This approach not only facilitates the transition for current participants but also paves the way for the next cohort.
In considering these future challenges, it is important to review the progress that has been made to this point. Below is a partial listing of key highlights from the L&M Village:
• Number of Participants Served: A total of 35 participants were enrolled in the program
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reflecting ongoing engagement and utilization of services. • Successful Exits to Housing: Six participants successfully transitioned into housing, marking a significant step towards stability.
• Housing Voucher Applications: Additionally, 14 participants applied for housing vouchers, indicating a proactive approach towards securing stable housing options. • Health and Wellness: A total of 19 participants accessed mental health services and 14 individuals were assisted with medical services and appointments. • Income Progress: Six participants increased their income through employment, while 34 participants utilized other subsidies such as food stamps and SSI to enhance their financial situation.
In addition to housing programs, the L&M continues to engage participants by offering Alcohol and Other Drugs (AOD) drop-in groups, one-on-one counseling sessions, food pantry access, budgeting and cooking classes, employment search support, haircut services, interview clothing assistance, daily living skills training, and housing search and application classes.
Funding and Budget
The L&M Village continues to utilize funding from the Project Homekey Program for its operations, which includes the $250,000 early occupancy bonus funding achieved through the grant program. The total operating costs for the L&M Village have been consistently lower than the initial approved budget in the Lease, Funding, and Service Agreement. A significant driver of the operating savings is lower than anticipated meals & programs cost due to the proactive and successful enrollment of participants in other programs such as food stamps.
It was originally projected that State Project Homekey Operational funding would run out by October of 2023. As it currently stands, staff are now projecting Homekey Funds to support operations through December 2023. Once Homekey Program funds are exhausted, L&M Village operational costs will be funded through County Operational funding, in accordance with County Resolution 21-0431. For Fiscal Year 23-24, a sum of $970,270 was requested from the county by staff. However, due to the lower than anticipated operating costs resulting in more State Homekey funds remaining available, it is anticipated that approximately half of the allocation requested from the County will be required to support the L&M Village operations this fiscal year.
Homekey Funding Status
Funding Sources Amount Status Use
Homekey Capital $6,168,000 Expended Acquisition/Construction Homekey Operations $880,800 In-Use FY 23-24 L&M Operations County Capital Match $950,000 Expended Acquisition/Construction Early Occupancy Bonus $220,000 In-Use FY 23-24 Operations
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County Operating $970,270 Awarded Operations
Total $8,969,070
Future Activities
The 2023 Point-in-Time Count demonstrated a reduction in those experiencing homelessness in our City. The L&M has played an important role in supporting this outcome. Reach for Home has had significant success in securing housing vouchers and getting clients ready to transition to more permanent housing solutions, however, lack of housing stock and landlords’ willingness to take housing vouchers is still proving to be a key obstacle in graduating participants and opening up space for others interested in the program. Therefore, over the next quarter, Reach for Home and City Staff have the following objectives:
1. Increase housing placements by engaging landlords and increasing the number of landlords willing to accept housing vouchers.
2. Continue to make capital improvements to the L&M Village with secured grant funding through the Community Development Block Grant funding (CDBG) awarded to the City.
3. Transition from Project Homekey operational funding to County funding.
Conclusion
The L&M Village has reached its full operational capacity during this reporting period. A notable increase in participant enrollment reflects heightened interest in the program. Moreover, the significant advancements made by participants in securing housing, particularly with the acquisition of new housing vouchers, demonstrate the program's effectiveness in preparing individuals for stable housing arrangements.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
1. The Council may wish to provide direction to staff on future updates to the Council, or to request additional data collection points to add to this quarterly report.
2. The Council may instruct staff to transition from verbal updates to written reports, in future Quarterly Reporting on the L&M Village.
FISCAL IMPACT:
As this item is an informational update, there is no fiscal impact.
ENVIRONMENTAL ANALYSIS:
Pursuant to Title 14, the California Code of Regulations, Section 15302(c) of the California Environmental Quality Act (“CEQA”) guidelines, receiving this update is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 5, 2023
SUBJECT: Special Performance Policy for the Healdsburg Plaza PREPARED BY: Matt Milde, Recreation Supervisor
STRATEGIC INITIATIVE(S):
Maintain and Improve Infrastructure and Facilities
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):
Adopt a Resolution establishing a Special Performance Permit Policy for the Healdsburg Plaza.
COMMUNITY ENGAGEMENT/OUTREACH:
The increasing number of public performances in the Healdsburg Plaza has inadvertently led to instances where residents and visitors find it challenging to enjoy the serene beauty of the park due to frequent disruptions. The lack of a structured performance schedule has resulted in overlapping events, amplified noise complaints, and at times, public disputes. As a result, some park visitors have contacted Community Services to express dissatisfaction with the current situation, while others have come forward in support of performances in the Plaza.
BACKGROUND:
The Healdsburg Plaza has long been a cherished space for residents and visitors alike. Over the years, the park has become a popular venue for public performances, ranging from musical performances, singing, oration, etc. While these events have added vibrancy and cultural enrichment to the park, the growing frequency and spontaneity of performances have raised concerns among park-goers who seek a peaceful and tranquil environment. Performances of any size at the Plaza seek to and do draw crowds to their performance. This can create safety problems at the Plaza by impacting the ability of pedestrians to move safely on sidewalks and through cross walks and impeding the response time of safety personnel. It can also impact access to and egress from businesses at the Plaza. In addition, the nature and location of the Plaza makes it a uniquely popular choice for performances, requiring regulation to ensure that opportunities to perform at the Plaza are fairly distributed among performers.
Since the Plaza is a public space, it is subject to the protections afforded by the First and Fourteenth Amendments, as well as Article I, Section 2 of the California Constitution. The City
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can regulate the use of the Plaza as a way to ensure the Plaza is not dominated by one individual or group, as well as in the interests of public safety and access to and from businesses at the plaza. The City can regulate of time, place, and manner of expression in public spaces in service of an important governmental interest, such as public safety and quiet enjoyment. Appropriate regulations should focus on considerations related to the time, location, and manner of expression, rather than the specific content or message conveyed by the performance. To address these concerns and maintain a harmonious balance between entertainment and tranquility, Community Services has developed a proposed Special Performance Permit program for the Healdsburg Plaza.
DISCUSSION/ANALYSIS:
Performances at the Plaza require coordination because of the Plaza’s small, centralized location surrounded by businesses, making it a popular venue for performances which creates competing interests among performers. The Special Performance Permit for the Healdsburg Plaza is designed to provide opportunities for the increasing number of public performances in Healdsburg Plaza and provide minimal regulations narrowly tailored to ensuring performances occur safely, that performance opportunities at the Plaza are equitably distributed among those seeking to perform, and that performances do not interfere with the quiet enjoyment of nearby businesses, residences, and Plaza users. Moreover, this initiative seeks to strike a balance between supporting performances and preserving the Plaza's peaceful atmosphere for all to enjoy.
Program overview:
The program aims to provide performers from any discipline, including music, theater, dance, and more, with a structured method to schedule their performances in the Plaza. Under this program, the following criterion would apply:
• A Special Performance Permit is required for all performances in the Plaza. • Performances in the Plaza may occur daily from 10:00 a.m. – 6:00 p.m. • Performances are limited to the area directly underneath the Plaza gazebo. • Special Performance Permits will be limited to:
o One performance in the Plaza per day.
o Up to one hour performance time with 15 minutes for setup and takedown. o One permit every seven days for each performer.
Program administration:
The aim of the permit application, review, and approval process is to effectively manage performance days and times while operating within existing staff capacity. This streamlined procedure is designed to minimize unnecessary delays, ensuring a seamless and prompt experience for artists and performers as they seek authorization to showcase their creativity and talents in the Plaza.
The process commences with the submission of a simplified permit application, conveniently accessible both online and through in-person visits to the Healdsburg Community Center. This simple one-page application will encompass essential performance details, including contact information, preferred scheduling, and an acknowledgment of program policies. Following this, the Community Services Office Assistant will review the request to ensure it aligns with the
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program criteria and check for any scheduling conflicts before issuing the permit. There are no fees associated with this program, and proof of liability insurance would not be required.
Once approved, performers would receive a copy of their permit to carry with them during their performance. Additionally, a dedicated webpage on the City's website would be established and a schedule would be posted at the Plaza, enabling any community member to verify performance times.
Implementing this program aims to achieve the following:
• Ensuring a balanced and organized schedule of the Plaza between permitted performances and passive use.
• Managing the number of public performances in the Plaza, ensuring a structured and engaging experience for visitors.
• Fostering a vibrant arts and cultural scene within the community, particularly for emerging artists.
• Providing a platform for talent to showcase their skills and gain exposure. • Enhancing the Plaza’s appeal, attracting more visitors and promoting local businesses. • Allowing for predictability when performances would occur to support users wishing to enjoy a tranquil park environment.
Other notable cities that have implemented similar programs include:
Santa Monica: https://finance.smgov.net/doing-business/business-license/street-performer-permit New York City: https://new.mta.info/agency/arts-design/music Following implementation of the Special Performance Permit Program staff would provide signage in the Plaza notifying users of the new permit is going into effect, launch the program on September 18, 2023, and continually monitor the program and make changes administratively or propose policy changes as needed.
The Healdsburg Parks and Recreation Commission unanimously voted to recommend the adoption of a Special Performance Permit Policy for the Healdsburg Plaza to the City Council.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
1) Adopt the policy with changes.
2) Take no action. Use of the Plaza for impromptu public performances would remain unchanged.
FISCAL IMPACT:
There are no anticipated fiscal impacts associated with the Special Performance Permit Policy.
ENVIRONMENTAL ANALYSIS:
Authorizing a Special Performance Permit Policy in the City is not subject to the provisions of the California Environmental Quality Act (CEQA) because authorizing a Special Performance
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Permit Policy is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment. Even if adopting a Special Performance Permit Policy were to be considered a project, it would be exempt from CEQA pursuant to CEQA Guidelines Section 15304(e) because the performances constitute a temporary use of land having negligible or no permanent effects on the environment. Further, performances at the Plaza as provided for in the Policy are considered normal operations of existing facilities for public gatherings (CEQA Guidelines Section 15323). Performances at the Plaza have occurred with regularity for at least three years and future performances would not represent a change in the operation of the Plaza.
Therefore, adoption of the Policy is exempt from CEQA.
ATTACHMENT(S):
Resolution
Special Performance Permit for the Healdsburg Plaza Policy
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CITY OF HEALDSBURG
RESOLUTION NO. -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG ESTABLISHING A SPECIAL PERFORMANCE
PERMIT PROGRAM FOR THE HEALDSBURG PLAZA
WHEREAS, the Healdsburg Plaza (“Plaza”) has long been a cherished space for residents and visitors alike; and
WHEREAS, the City recognizes the importance of preserving a harmonious balance between entertainment and tranquility within the Plaza; and WHEREAS, performances of any size at the Plaza seek to and do draw crowds to their performance. This can create safety problems at the Plaza by impacting the ability of pedestrians to move safely on sidewalks and through cross walks and impeding the response time of safety personnel. It can also impact access to and egress from businesses at the Plaza; and WHEREAS, the nature and location of the Plaza make it a popular choice for performances, requiring regulation to ensure that opportunities to perform at the Plaza are fairly distributed among performers; and
WHEREAS, the City Council desires to establish a comprehensive and transparent policy framework to guide the planning, organization, and execution of special performances at the Plaza in a manner that ensures public safety, minimizes disruptions to residents and businesses, ensures freedom of expression and fairness to performers, and maximizes the benefits to the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Healdsburg:
1. Adopts the Special Performance Permit Program for the Healdsburg Plaza, attached hereto as Exhibit A; and
2. Finds that adopting a Special Performance Permit Policy in the City is not subject to the provisions of the California Environmental Quality Act (CEQA) because authorizing a Special Performance Permit Policy is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment. Even if adopting a Special Performance Permit Policy were to be considered a project, it would be exempt from CEQA pursuant to CEQA Guidelines Section 15304(e) because the performances constitute a temporary use of land having negligible or no permanent effects on the environment. Further, performances at the Plaza as provided for in the Policy are considered normal operations of existing facilities for public gatherings (CEQA Guidelines Section 15323). Performances at the Plaza have occurred with regularity for at least three years and future performances would not represent a change in the operation of the Plaza.
Therefore, adoption of the Policy is exempt from CEQA.
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Packet Pg. 283 Attachment: Resolution (4144 : Special Performance Policy for the Healdsburg Plaza) Resolution No. -2023
PASSED, APPROVED AND ADOPTED, this 5th day of September, 2023 by the following:
AYES: Councilmembers: ()
NOES: Councilmembers: ()
ABSENT: Councilmembers: ()
ABSTAINING: Councilmembers: ()
SO ORDERED: ATTEST:
__________________________________ __________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
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Packet Pg. 284 Attachment: Resolution (4144 : Special Performance Policy for the Healdsburg Plaza) Special Performance Permit for the Healdsburg Plaza
1. Policy Statement
1.1. Located in the City of Healdsburg (“City”)’s downtown core, the Healdsburg Plaza (“Plaza”) is a hub for community members and tourists who enjoy its peaceful landscape. Home to many special events, the Plaza is often the center of organized community gatherings under the approval of a Special Event Permit.
1.2. Healdsburg Community Services receives periodic requests for smaller performances at the Plaza where the Special Event Permit process may be too cumbersome or expensive.
1.3. The City also recognizes that performances of any size at the Plaza seek to and do draw crowds to their performance. This can create safety problems at the Plaza by impacting the ability of pedestrians to move safely on sidewalks and through cross walks and impeding the response time of safety personnel. It can also impact access to and egress from businesses at the Plaza.
1.4. In addition, the nature and location of the Plaza make it a popular choice for performances, requiring regulation to ensure that opportunities to perform at the Plaza are fairly distributed among performers.
1.5. A “Special Performance Permit for the Healdsburg Plaza” (“Special Performance Permit”) would be available for performances that are less impactful on the Plaza and City staff resources than those requiring a Special Event Permit.
1.5.1. This policy balances protecting public welfare and respecting the First Amendment rights of performers by imposing reasonable time, place and manner restrictions to the extent necessary to ensure the safety of performers, their audience, and the general public and to prevent unreasonable interference with residents’ enjoyment of peace and quiet in their homes or the ability of businesses to operate and conduct their business.
1.5.2. This policy allows for enforcement actions in cases of repeated or severe violations while upholding the principles of fairness, due process, and freedom of speech.
1.6. A Special Performance Permit process for the Plaza would allow:
1.6.1. Performers the opportunity to share their performance art in Healdsburg’s central public recreation area.
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1.6.2. Community Services to adequately ensure the enjoyment of the Plaza for all residents and visitors.
1.6.3. The Plaza to be a communal space for those who enjoy both relaxation as well as live entertainment.
1.7. Healdsburg Community Services shall administer this Special Performance Permit program and no fees are associated with issuing these Special Performance Permits.
2. Definitions
2.1. “Performance” - A specific instance of a live presentation in the Plaza including, but not limited to recitation, acting, singing, dancing, or playing musical instruments.
2.2. “Performer” or “Performers” - An individual or group who engages in the act of entertaining or engaging an audience through various forms of expression.
Additionally, those who perform in any one spot for an extended period of time and/or solicit donation before, during, or after a performance.
3. Program Guidelines
3.1. A Special Performance Permit is required for all performances in the Plaza, as defined herein.
3.2. No performances in the Plaza would be allowed when the Plaza is in use by either the City of Healdsburg or another permitted user.
3.3. Performances in the Plaza are limited to the hours between 10:00 a.m. – 6:00 p.m. with a permit.
3.4. Performers shall clearly display their Special Performance Permit while performing and shall allow inspection of the Special Performance Permit upon request.
3.5. Performances are limited to the area directly underneath the Plaza gazebo.
3.5.1. Should the performance require additional space or an area that is uncovered, applicant shall include a supplemental letter requesting a waiver of this provision and detail why the proposed performance could not be conducted under the Plaza gazebo.
3.6. A Special Performance Permit will not be issued:
3.6.1. For more than one performance in the Plaza per day.
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3.6.2. For performances greater than 1-hour with set-up/clean-up limited to not more than 15-minutes before and after performance.
3.6.3. For performances that occur between the hours of 6:00 p.m. – 10:00 a.m.
3.6.4. To any individual who has been issued a Special Performance Permit, or who has performed pursuant to a Special Performance Permit, within the past 7-days.
3.7. The Special Performance Permit holder may:
3.7.1. Display a jar for gratuities with a freestanding sign no larger than 8.5”x11”.
3.7.2. Place freestanding signage under gazebo during performance.
3.7.3. Utilize existing gazebo power outlets.
3.7.4. Provide and use personally owned freestanding equipment.
3.7.5. Record their performance for personal use.
3.7.6. Utilize an amplifier as part of their performance so long as the sound level generated shall be inaudible at a distance of 100’ and does not disrupt local businesses.
3.8. Special Performance Permit holders may not:
3.8.1. Hang any banners, signage, or equipment directly from the Plaza gazebo.
3.8.2. Adhere or affix anything to the ground, gazebo, or any other Plaza amenity.
3.8.3. Leave any trash or debris behind after performance.
3.8.4. Conduct activities that are not permitted by the Healdsburg Municipal Code.
3.8.5. Park any vehicle or trailer on Plaza sidewalks or lawns.
3.8.6. Reserve or otherwise prevent cars from parking in any parking space at the Plaza.
3.8.7. Create any recording for commercial purposes without a Healdsburg Film Permit.
3.8.8. Exclude the public from the general use of the Plaza.
3.8.9. Engage in threatening, abusive, insulting or indecent language, or engage in any form of disorderly conduct or behavior, any of which language, conduct or behavior disturbs the peace and enjoyment of other persons in the immediate vicinity lawfully using facilities.
3.8.10. Disturb the surrounding businesses or others’ enjoyment of the Plaza
3.9. The Special Performance Permit holder shall be responsible for the cost of all damage to City facilities resulting from the performance and shall be responsible for any
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repairs, litter removal, trash collection or other clean up necessitated by the performance.
4. Policy Enforcement:
4.1. This section outlines the enforcement measures for addressing violations and ensuring compliance with Special Performance Permit in the Plaza. This policy allows for nonpermanent suspensions in cases of repeated violations. City staff shall have the right to revoke part or all of the Special Performance Permit immediately without notice if the applicant does not adhere to all City requirements outlined in this Policy and in the Municipal Code, or if any City facility or amenity is destroyed or damaged.
4.2. Revocation of Special Performance Permit:
4.2.1. The Community Services Director may revoke the Special Performance Permit, in cases of multiple violations of the terms of the Special Performance Permit and this Policy over a period of time.
4.2.2. The severity of the violation, including the potential danger to public safety, and the number of violations within a specific period will be considered when determining the length of revocation.
4.2.3. Notwithstanding any of the other terms of this section, the revocation period shall not exceed six (6) months.
4.2.4. During the revocation period, the applicant whose Special Performance Permit has been revoked may not reapply for a Special Performance Permit.
4.2.5. The duration of the revocation period will be clearly communicated to the applicant in writing.
4.2.6. After the revocation period, the applicant shall be eligible to reapply for a Special Performance Permit; however, City staff may require additional conditions be added to ensure adherence to this Policy.
4.3. Compliance Monitoring and Documentation:
4.3.1. Community Services may conduct regular monitoring and inspection of performances to ensure compliance with the Special Performance Permit policy.
4.3.2. Community Services staff will document all violations and actions taken, including revocations, suspensions, fines, and legal actions, for reference and transparency.
4.3.3. Community Services staff will keep records of documented complaints from residents, business owners, park users or City staff to assist in
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documenting a patten of violations and determining the duration of any revocation period.
4.4. Appeal Process:
4.4.1. An applicant who has had their Special Performance Permit revoked or faced other enforcement actions shall have the right to appeal the decision to the Community Services Director.
4.4.2. Applicant’s Special Performance Permit will remain in revoked status during the appeal process.
5. Periodic Policy Review:
5.1. This Policy will be reviewed periodically to assess its effectiveness, relevance, and compliance with legal requirements.
5.2. Any necessary updates or modifications to the Policy will be made based on the review outcomes and changing circumstances.
6. Application:
6.1. Must be submitted at least two weeks in advance and no more than two months of requested performance date.
6.2. Community Services Staff shall process applications are processed and issue permits on a first-come, first-served basis.
6.3. Applications are accepted online or in person at the Healdsburg Community Center, 1557 Healdsburg Ave., Healdsburg, CA 95448.
7. Effective: Monday, September 18, 2023
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 5, 2023
SUBJECT: Disposition and Development Agreement between the City of Healdsburg and Burbank Housing Development Corporation
PREPARED BY: Griselda Villarreal, Administrative Analyst II STRATEGIC INITIATIVE(S):
Expand Affordable Housing Opportunities
RECOMMENDED ACTION(S):
Adopt a Resolution approving the Disposition and Development Agreement between the City of Healdsburg and Burbank Housing Development Corporation, for the 155 Dry Creek Commons Affordable Housing Project and finding the property at 155 Dry Creek Road is "Exempt Surplus Land."
COMMUNITY ENGAGEMENT/OUTREACH:
The City of Healdsburg (“City”) and Burbank Housing Development Corporation (“Burbank”) have engaged in community outreach related to future development of an affordable housing project (“Dry Creek Commons Project”) on the 3.53-acres of land located at 155 Dry Creek Road, Healdsburg (“Site”). On April 19, 2021, members of the public had an opportunity to participate in the City Council’s selection of Burbank as the prospective developer of affordable housing on the Site and approval of an Exclusive Negotiating Rights Agreement (“ENA”) between the City and Burbank. On January 12, 2022, Burbank hosted a virtual Community Outreach meeting to present the proposed Dry Creek Commons Project to the public. On February 23, 2022, the Planning Commission conducted a workshop, received a presentation from Burbank regarding the proposal, received public input and provided critiques and comments to Burbank and City staff regarding the proposed development. On September 27, 2022, the Planning Commission approved various land use entitlements necessary for the development of affordable housing on the Site.
BACKGROUND:
In 2003, the property located at 155 Dry Creek Road, Healdsburg, APN 089-071-002 (“Site”), as depicted on the map attached hereto as Attachment No. 1 (“Site Map”), was acquired by the Redevelopment Agency of the City of Healdsburg (“Redevelopment Agency”) for the development of low-to-moderate-income housing at a purchase price of $1,850,000. Pursuant to
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the Dissolution Act, which became effective on February 1, 2012, the Redevelopment Agency was dissolved. The City Council elected to have the City retain the housing assets and functions of the former Redevelopment Agency, resulting in the transfer of the fee title to the Site to the City.
The following steps have been undertaken by the City in pursuit of an affordable housing project on the Site:
On January 15, 2021, the City issued a Request for Qualifications (“RFQ”) for the design and development of affordable housing at the Site. The intent of the RFQ was to identify a team to enter into an exclusive, collaborative process with the City on the design and development of the Site. The City received five responses, including one from Burbank.
On March 12, 2021, Burbank was selected to collaborate with the City on the design, financing, and development of affordable housing on the Site.
On April 19, 2021, the City entered into an ENA with Burbank which established procedures, standards, and timelines for the submittal and processing of applications for land use entitlements needed to develop the Site with affordable housing, due diligence review to be conducted by Burbank regarding the physical condition of the Site and review of title, and the negotiation of the terms and conditions of a Disposition and Development Agreement (“DDA”) pursuant to which the City will convey the Site to Burbank on the condition that specified development activities will be undertaken by Burbank on the Site.
On January 12, 2022, Burbank hosted a virtual Community Outreach Meeting to present the proposed Dry Creek Commons Project to the public.
On February 23, 2022, the Planning Commission conducted a workshop and received a presentation from Burbank regarding their development proposal. The Planning Commission provided feedback to Burbank and City staff. General comments were given by the Planning Commission with regards to increase laundry facilities; careful attention to ingress/egress issues, concerns with left turn lane, massing, building siting, and color scheme preferences.
On September 27, 2022, following a public hearing, noticed as required by law, the Planning Commission adopted Resolution No. 2022-13, and approved an Initial Study/Mitigated Negative Declaration (“Dry Creek IS/MND”) and its accompanying Mitigated Monitoring and Reporting Program (“MMRP”) for the Dry Creek Commons Project. The Dry Creek IS/MND was made available for a 30-day public review period from July 15, 2022, to August 15, 2022. Further, the Planning Commission adopted Resolution No. 2022-14, and approved Design Review Application DR 2022-01 to construct a 58-unit multi-family building, consisting of twenty-eight (28) 1-bedroom units, fifteen (15) 2-bedroom units, and fifteen (15) 3-bedroom units to be available for rental at affordable rents to extremely low, very-low, and lower-income households, and associated onsite amenities located within the Mixed-Use zoning district. Additionally, Resolution No. 2022-14 approved the Density Bonus application for the construction of a fourstory affordable multi-family building and associated site improvement.
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Finally, Resolution No. 2022-14, also included five (5) waivers upon findings by the Planning Commission that there would be no specific adverse impacts upon public health and safety, the physical environment or any real property listed in the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to targeted households: (1) Eliminate the covered parking requirement; (2) Allow increased height; (3) Reduce open space requirement; (4) Remove requirement for parking lot trees; and (5) Increase height for parking lot lighting.
DISCUSSION/ANALYSIS:
Disposition and Development Agreement
The DDA by and between the City and Burbank establishes the terms that govern the sale of the Site and development of the Dry Creek Commons Project. The following are the key terms of the DDA:
• The purchase price for the Site shall be One Dollar ($1.00). • The DDA provides that the City’s obligation to proceed with closing of the sale of the Site to Burbank is subject to the fulfillment of several conditions, for the benefit of City, including:
(i) Burbank shall have secured City approval of plans and specifications for offsite public improvements, executed a Public Improvement Agreement, and delivered payment and performance bonds to the City;
(ii) Burbank has executed the Grant Deed, Memorandum of Agreement, and Affordable Housing Covenant, and caused its lienholders/lenders to execute a Subordination Agreement to subordinate their liens as against the Affordable Housing Covenant;
(iii) Burbank has delivered all closing costs into escrow; (iv) City has approved Burbank’s evidence of financing; (v) Burbank has provided proof of required insurance coverage; (vi) City has approved Burbank’s general contractor and the construction contract; (vii) Burbank’s construction loan(s) shall have closed or be ready to close; (viii) Burbank has secured all other governmental permits and City has approved the construction drawings and is ready to issue a building permit for construction of the affordable housing project improvements; and
(ix) Burbank has paid current all development fees or City has agreed to defer said fees until issuance of a certificate of occupancy. • The DDA also requires the recordation of a Storm Drain Easement Deed and Emergency Vehicle Access Easement, in accordance with the project entitlements, prior to issuance of a certificate of occupancy.
Surplus Land Act
The Dry Creek Commons Project meets the requirements of Government Code Section 37364
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and thus qualifies as "exempt surplus land" under Government Code Section 54221 (f)(1)(A).
Government Code Section 37364 provides, in sum, that if the City determines that the Site can be used to provide housing affordable to persons and families of low or moderate income and that this use is in the City’s best interests, then the City may sell or otherwise dispose of the Site at less than fair market value to provide that affordable housing under whatever terms and conditions the City deems best suited to the provision of such housing. However, not less than 40 percent of the total number of housing units developed shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low-income households.
Further, the affordability requirement shall be restricted by regulatory agreement to be recorded and remain continually affordable to those persons and families for not less than 30 years.
The terms of the DDA conform to the requirements of Government Code Section 37364 and thus the sale of the Site to Burbank involves the transfer of "exempt surplus land" under Government Code Section 54221 (f) (1) (A), and therefore is not subject to the requirements of the Surplus Land Act pursuant to Government Code Section 54222.31. Accordingly, the resolution presented to approve the DDA contains findings to the effect that (i) the use of the Site to provide housing affordable to persons and families of low or moderate income is in the City’s best interests, (ii) the terms of the DDA governing the sale and transfer of the Site to Burbank are in conformance with the requirements of Government Code Section 37364, and (iii) therefore, the Site is "exempt surplus land" under Government Code Section 54221 (f)(1)(A) and therefore is not subject to the requirements of the Surplus Land Act pursuant to Government Code Section 54222.3.
ENVIRONMENTAL STEWARDSHIP:
The Dry Creek Commons Project is subject to the California Environmental Quality Act ("CEQA") and the environmental effects were evaluated in the Dry Creek IS/MND prepared for and adopted by the Planning Commission on September 27, 2022, pursuant to Resolution No. 2022-13 (“CEQA Resolution”). The analysis contained in the Dry Creek IS/MND concluded that with the adoption and implementation of mitigation measures the Dry Creek Commons Project will not have a significant effect on the environment.
ALTERNATIVES:
Recommended action: Adopt the attached Resolution approving the Disposition and Development Agreement (“DDA”) by and between the City and Burbank, and finding that (i) the use of the Site to provide housing affordable to persons and families of low or moderate income is in the City’s best interests, (ii) the terms of the DDA governing the sale and transfer of the Site to Burbank are in conformance with the requirements of Government Code Section 37364, and (iii) therefore, the Site is "exempt surplus land" under Government Code Section 54221 (f)(1)(A) and therefore is not subject to the requirements of the Surplus Land Act pursuant to Government Code Section 54222.3.
Alternative action: The City Council may propose incorporating specific modifications prior to City Council approval or request additional information from staff. 1 Government Code Section 54222.3. This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency.
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FISCAL IMPACT:
The DDA establishes that all City costs for processing the Dry Creek Commons Project are to be funded by Burbank including. Accordingly, Burbank is required to submit an initial deposit of $25,000 to the City within 15 calendar days following execution of the DDA. The DDA also outlines Burbank’s responsibility to complete required public improvements to the streets, electric, storm drain, sewer, and water systems. The sale price of the 3.53-acres of land located at 155 Dry Creek that the City purchased for $1,850,000 in 2003 is set at $1. Prior to the conveyance of the property, Burbank is responsible for obtaining financing for preparing the Site, planning, designing, constructing, and installing the Dry Creek Commons Project on-site and off-site improvements.
It should be noted that once Burbank finalizes their financing plan, if the identified funding sources cannot cover the whole cost of the development, they may seek additional city funding beyond the reduced sales price of the Project Site. Any request for additional funding will be brought back to the Council for consideration.
ENVIRONMENTAL ANALYSIS:
The Dry Creek IS/MND (State Clearinghouse# 2022070272) (Exhibit 2) has been prepared for the Dry Creek Commons Project pursuant to CEQA. The Dry Creek IS/MND identified areas where mitigation was necessary to avoid potentially significant impacts. Those areas included aesthetics, air quality, biological resources, cultural resources, geology, hazards/hazardous materials, hydrology, noise, recreation, transportation/traffic, and mandatory findings of significance. While it was found that the project could have a potentially significant effect on the areas outlined above, there will not be a significant effect in this case because mitigation measures have been put in place to reduce those potentially significant effects to less than significant. A Mitigation Monitoring and Reporting Program (MMRP) (Exhibit 3) has been created to track the mitigation measures outlined in the Dry Creek IS/MND, including when they are to be implemented and what department is responsible for ensuring that mitigation is completed in accordance with the Dry Creek IS/MND and MMRP.
The Dry Creek IS/MND was made available for a 30-day public review period from July 15, 2022, to August 15, 2022. The City received one comment letter from reviewing agencies from the California Department of Fish and Wildlife. The comment letter and the City’s response is included in the Final Dry Creek IS/MND (Exhibit 4).
ATTACHMENT(S):
Resolution
Exhibit 1 - Disposition and Development Agreement
Attachment No. 1 - Site Map
Attachment No. 2 - Site Legal Description
Attachment No. 4 - Memorandum of Agreement
Attachment No. 5 - Schedule of Performance
Attachment No. 6 - Affordable Housing Covenant & Declaration of Restrictive Covenants Attachment No. 7 - Grant Deed
Attachment No. 8 - Certificate of Completion
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Attachment No. 9 - Storm Drain Easement Deed
Attachment No. 10 - Emergency Vehicle Access Easement Deed Attachment No. 13 - Title Report
Exhibit 2 - Dry Creek IS-MND - Public Review Draft_07-15-22 Exhibit 3 - Dry Creek MMRP_07-15-2022
Exhibit 4 - Final Dry Creek ISMND_09-12-22
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CITY OF HEALDSBURG
RESOLUTION NO. -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF HEALDSBURG AND BURBANK HOUSING
DEVELOPMENT CORPORATION FOR THE DRY CREEK
COMMONS PROJECT AND FINDING THE PROPERTY AT 155
DRY CREEK ROAD IS EXEMPT SURPLUS LAND
WHEREAS, City of Healdsburg ("City") is the owner of certain real property located at 155 Dry Creek Road, City of Healdsburg, County of Sonoma, State of California, known as Sonoma County Assessor Parcel No. 089-071-002 (the “Property”); and WHEREAS, the Property was purchased by the former Redevelopment Agency of the City of Healdsburg (the “Agency”) with low-and moderate-income housing tax increment funds in accordance with the provisions of the Community Redevelopment Law, California Health and Safety Code §§33000 et. seq. (“Redevelopment Law”); and WHEREAS, pursuant to the Assembly Bill X126 (as amended by AB 1484 and SB 107, the “Dissolution Act”), effective February 1, 2012, the Agency was dissolved by operation of law, and the City Council of the City of Healdsburg elected to retain and assume the housing assets and functions of the Agency, which included the transfer of fee title to the Property to the City; and WHEREAS, on January 15, 2021, the City issued a Request for Qualifications for the development of affordable housing on the Property and received five responses, including one from Burbank Housing Development Corporation ("Developer"); and WHEREAS, on April 19, 2021, the City and Developer entered into an Exclusive Negotiation Rights Agreement (“ENA”) which established procedures, standards, and timelines for the submittal and processing of applications for land use entitlements needed to develop the Property with affordable housing, due diligence review to be conducted by Developer regarding the physical condition of the Property and review of title, and the negotiation of the terms and conditions of a Disposition and Development Agreement (“DDA”) pursuant to which the City will convey the Property to Developer on the condition that specified development activities will be undertaken by Developer on the Property; and
WHEREAS, pursuant to the ENA, Developer has submitted design review application (“DR 2022-01”) to the City for approval in order to secure the land use entitlements necessary to develop a 58-unit, 4-story affordable housing project consisting of (28) 1-bedroom, (15) 2- bedroom, and (15) 3-bedroom units available for rental to and occupancy by extremely low, verylow, and low-income households (“Affordable Units”), associated improvements on the Property, and off-site improvements (“Dry Creek Commons Project”); and
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Packet Pg. 296 Attachment: Resolution [Revision 1] (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Resolution No. -2023
WHEREAS, the City has taken numerous actions in connection with the approval of the development of the Dry Creek Commons Project (“Project Improvements”), including:
(1) Planning Commission adoption of an Initial Study/Mitigated Negative Declaration (“Dry Creek IS/MND”) and Mitigated Monitoring and Reporting Program (“MMRP”) for the Dry Creek Commons Project, as evidenced by Planning Commission Resolution No. 2022-13, adopted on September 27, 2022. The Dry Creek IS/MND was prepared in compliance with the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) (“CEQA”).
(2) Planning Commission approval of DR 2022-01 for the Dry Creek Commons Project, as evidenced by Planning Commission Resolution No. 2022-14, adopted on September 27, 2022, (“DR Resolution”); and
WHEREAS, City and Developer desire to enter into a DDA to set forth the terms and conditions relating to: (i) the sale, transfer and disposition of the Property to Developer; (ii) the development and maintenance of the Project Improvements on the Property by Developer; and (iii) the imposition of covenants running with the land to ensure the long-term affordability of the Affordable Units on the Property; and
WHEREAS, the fulfillment of the DDA is in the vital and best interests of City and the health, safety and welfare of its residents and in accord with the provisions of applicable federal, state and local law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Healdsburg hereby acknowledges and confirms that it has considered the IS/MND prepared and adopted for the Dry Creek Commons Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Healdsburg hereby determines that (i) the use of the Property to provide housing affordable to persons and families of low or moderate income is in the City’s best interests, (ii) the terms of the DDA governing the sale and transfer of the Property to Developer are in conformance with the requirements of Government Code Section 37364, and (iii) the Property is "exempt surplus land" under Government Code Section 54221 (f)(1)(A) and therefore, pursuant to Government Code Section 54222.3, the sale and transfer of the Property from City to Developer is not subject to the requirements of the Surplus Land Act; and
BE IT FURTHER RESOLVED, that the City Council of the City of Healdsburg hereby approves the Disposition And Development Agreement by and between the City of Healdsburg, a California Municipal Corporation, and Burbank Housing Development Corporation, a California non-profit public benefit corporation, for the Dry Creek Commons Project as presented in Exhibit 1 attached hereto and incorporated herein by reference, subject to such minor and clarifying
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Packet Pg. 297 Attachment: Resolution [Revision 1] (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) Resolution No. -2023
changes consistent with the terms thereof as may be approved by the City Attorney prior to execution hereof, and authorizes the City Manager to take all actions, execute all documents to convey and transfer fee title to the Property, and accept all easements on behalf of the City and otherwise take all appropriate actions to implement the Disposition and Development Agreement in accordance with its terms on behalf of the City of Healdsburg.
Passed, Approved AND Adopted by the City Council of the City of Healdsburg this 5 th
day of September 2023, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAIN: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ___________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
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Packet Pg. 298 Attachment: Resolution [Revision 1] (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) 4878-8989-9840 v4 i
DISPOSITION AND DEVELOPMENT AGREEMENT
by and between the
CITY OF HEALDSBURG,
a California municipal corporation,
and
BURBANK HOUSING DEVELOPMENT CORPORATION
a California non-profit public benefit corporation,
for
DRY CREEK COMMONS PROJECT
Dated: ______________, 2023
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Packet Pg. 299 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 ii
TABLE OF CONTENTS
Page
100. DEFINITIONS; REPRESENTATIONS AND WARRANTIES....................................... 2 101. Definitions.............................................................................................................. 2 102. Representations and Warranties............................................................................. 7 102.1 City Representations.................................................................................. 7 102.2 Developer Representations ........................................................................ 7 102.3 Material Changes....................................................................................... 8 103. Prohibition Against and Limitations on Change in Ownership, Management and Control of Developer................................................................. 8 103.1 General....................................................................................................... 8 103.2 Assignment ................................................................................................ 9 103.3 Pre-Approved Transfers............................................................................. 9 103.4 Mortgagee Protection............................................................................... 10 200. CITY DISPOSITION OF THE SITE TO DEVELOPER................................................ 10 201. Purchase and Sale of the Site ............................................................................... 10 202. Escrow.................................................................................................................. 10 202.1 Closing Costs........................................................................................... 10 202.2 Supplemental Escrow Instructions........................................................... 10 202.3 Authority of Escrow Agent...................................................................... 11 202.4 Closing ..................................................................................................... 12 202.5 Closing Procedure.................................................................................... 12 203. Review of Title .................................................................................................... 13 204. Title Insurance ..................................................................................................... 14 205. Conditions of Closing .......................................................................................... 14 205.1 City’s Conditions of Closing ................................................................... 14 205.2 Developer’s Conditions of Closing.......................................................... 15 206. Property Taxes and Assessments......................................................................... 16 207. Access to Site Prior to Conveyance of Site ......................................................... 16 208. Condition of the Site ............................................................................................ 16 208.1 Investigation of the Site ........................................................................... 16 208.2 No Further Warranties as to Site; Release of City................................... 17 209. Hazardous Materials ............................................................................................ 18 209.1 Duty to Prevent Hazardous Materials Contamination ............................. 18 209.2 Environmental Inquiries........................................................................... 18 209.3 Environmental Indemnification ............................................................... 18 210. City Consultant Costs Deposit…………………………………………………..18 300. DEVELOPMENT OF SITE ............................................................................................ 19 301. Project Improvements.......................................................................................... 19 302. Development Approvals ...................................................................................... 20
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Packet Pg. 300 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 iii
302.1 Project Approvals..................................................................................... 20 302.2 Subsequent Project Approvals................................................................. 20 302.3 Public Improvement Agreement; Public Improvement Bonds………….20 303. Schedule of Performance ..................................................................................... 20 304. Design Review..................................................................................................... 21 304.1 Schematic Plans....................................................................................... 21 304.2 Construction Drawings and Related Documents..................................... 21 304.3 Revisions.................................................................................................. 21 304.4 Consultation and Coordination ................................................................ 21 304.5 Defects in Plans........................................................................................ 22 305. Construction Requirements.................................................................................. 22 305.1 General Contractor; Construction Contract ............................................. 22 305.2 Costs of Development and Construction ................................................. 22 305.3 Construction Oversight ............................................................................ 22 305.4 Waste Reduction and Recycling .............................................................. 22 305.5 Construction Reports ............................................................................... 22 306. Insurance Requirements....................................................................................... 23 307. Rights of Access .................................................................................................. 23 308. Compliance with Laws ........................................................................................ 23 308.1 Compliance with Laws ............................................................................ 23 308.2 Prevailing Wage Requirements................................................................ 24 309. Taxes and Assessments........................................................................................ 24 310. Certificate of Completion .................................................................................... 25 311. Mortgage and Deed of Trust Financing ............................................................... 25 311.1 No Encumbrances Except Mortgages and Deeds of Trust ...................... 25 311.2 Holder Not Obligated to Construct Project Improvements...................... 25 311.3 Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure.......................................................................................................... 25 400. COVENANTS, RESTRICTIONS AND AGREEMENTS.............................................. 26 401. Use Covenants ..................................................................................................... 26 402. Affordable Units .................................................................................................. 26 402.1 Rent and Income Restrictions.................................................................. 26 402.2 General Requirements for Affordable Units............................................ 26 402.3 Marketing of Affordable Units ................................................................ 26 402.4 Supportive Services to Residents............................................................. 27 402.5 On-Site Property Manager; Site Management Plan……………………..27 403 Maintenance Covenants…………………………………………………………27
404. Nondiscrimination Covenants.............................................................................. 28 404.1 No Discrimination.................................................................................... 28 404.2 Nonsegregation Clause ............................................................................ 28 405. Affordable Housing Covenant ............................................................................. 29 406. Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction……………………………………………………..29
500. FINANCIAL PROVISIONS ........................................................................................... 30
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Packet Pg. 301 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 iv
501. Preliminary Financing Report, Evidence of Financing, and Loan Closings........ 30 501.1 Preliminary Financing Report.................................................................. 30 501.2 Evidence of Financing ............................................................................. 30 501.3 City Approval........................................................................................... 30 501.4 Loan Closings, Financing, and Notice of Default to City........................ 31 600. DEFAULTS AND REMEDIES ...................................................................................... 31 601. Default; Notice and Cure ..................................................................................... 31 602. Institution of Legal Actions................................................................................. 31 603. Termination.......................................................................................................... 31 604. Assignment of Developer Plans........................................................................... 31 605. Option to Repurchase........................................................................................... 32 606. Acceptance of Service of Process........................................................................ 33 607. Rights and Remedies Are Cumulative................................................................. 33 608. Inaction Not a Waiver of Default......................................................................... 33 700. GENERAL PROVISIONS .............................................................................................. 33 701. Notices, Demands and Communications Between the Parties ............................ 33 702. Enforced Delay; Extension of Times of Performance ......................................... 34 703. Successors and Assigns........................................................................................ 35 704. Recordation of Memorandum of Agreement....................................................... 35 705. Relationship Between City and Developer.......................................................... 35 706. City Approvals and Actions................................................................................. 35 707. Counterparts......................................................................................................... 35 708. Integration............................................................................................................ 35 709. Titles and Captions .............................................................................................. 35 710. Interpretation........................................................................................................ 36 711. Modifications....................................................................................................... 36 712. Severability .......................................................................................................... 36 713. Computation of Time........................................................................................... 36 714. Legal Advice........................................................................................................ 36 715. Time of Essence................................................................................................... 36 716. Cooperation.......................................................................................................... 36 717. Conflicts of Interest.............................................................................................. 36 718. Time for Acceptance of Agreement by City........................................................ 37 719. Developer’s Indemnity......................................................................................... 37 720. Nonliability of Officials and Employees of City ................................................ 37 721. Assignment by City.............................................................................................. 37 722. Applicable Law.................................................................................................... 37 723. Cooperation in the Event of Legal Challenge...................................................... 37 724. Termination of Exclusive Negotiation Rights Agreement………………………38
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Packet Pg. 302 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 v
ATTACHMENTS
Attachment No. 1 Site Map
Attachment No. 2 Site Legal Description
Attachment No. 3 Intentionally Omitted
Attachment No. 4 Memorandum of Agreement
Attachment No. 5 Schedule of Performance
Attachment No. 6 Affordable Housing Agreement & Declaration of Restrictive Covenants Attachment No. 7 Grant Deed
Attachment No. 8 Certificate of Completion
Attachment No. 9 Storm Drain Easement Deed
Attachment No. 10 Emergency Vehicle Access Easement Deed Attachment No. 11 Intentionally Omitted
Attachment No. 12 Intentionally Omitted
Attachment No. 13 Title Report
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Packet Pg. 303 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the CITY OF HEALDSBURG, a California municipal corporation (“City”), and BURBANK HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation (“Developer”), as of the Date of Agreement (as defined in Section 101).
RECITALS
The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Section 101 of this Agreement:
A. City is the owner of certain real property located at 155 Dry Creek Road, in the City of Healdsburg, County of Sonoma, State of California, APN 089-071-002 (“Site”), as depicted on the map of the Site attached hereto as Attachment No. 1 (“Site Map”), and more particularly described in the legal description of the Site attached hereto as Attachment No. 2 (“Site Legal Description”).
B. On January 15, 2021, the City issued a Request for Qualifications for the development of affordable housing on the Site. The City received five responses, including one from Developer.
C. On April 19, 2021, City and Developer entered into an Exclusive Negotiation Rights Agreement (“ENA”) which established procedures and standards for the submittal and processing of applications for land use entitlements needed to develop the Site with affordable housing and the negotiation by the City and the Developer of this Agreement pursuant to which the City will convey the Site to Developer on the condition that certain specified development activities will be undertaken by Developer on the Site.
D. Pursuant to the ENA, Developer has submitted an application to the City for approval of design review (“DR 2022-01”) to secure the land use entitlements necessary to develop the Project Improvements, as defined in Section 301 of this Agreement, on the Site (the “Project”).
E. The City has taken numerous actions in connection with the approval of the development of the Project Improvements on the Site. These include:
(1) Planning Commission consideration of the Initial Study / Mitigated Negative Declaration prepared for the Project (“Dry Creek IS/MND”) pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) (“CEQA”), and adoption of the Dry Creek IS/MND by the Planning Commission on September 27, 2022, pursuant to Resolution No. 2022-13 (“CEQA Resolution”); and (2) Planning Commission approval of DR 2022-01 for the Project, as evidenced by Planning Commission Resolution No. 2022-14, adopted on September 27, 2022 (“DR Resolution”).
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Packet Pg. 304 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 2
F. City and Developer desire to enter into this Agreement to set forth the terms and conditions relating to: (i) the disposition of the Site to Developer; (ii) the development and maintenance of the Project Improvements by Developer; and (iii) the imposition of covenants running with the land to ensure the long-term affordability of the Affordable Units on the Site.
G. The fulfillment of this Agreement is in the vital and best interests of City and the health, safety and welfare of its residents and in accord with the provisions of applicable federal, state and local law.
AGREEMENT
NOW, THEREFORE, City and Developer hereby agree as follows:
100. DEFINITIONS; REPRESENTATIONS AND WARRANTIES
101. Definitions.
“Adjusted for family size appropriate to the unit” shall have the meaning set forth in Section 50052.5 of the California Health and Safety Code, as amended or any successor statute thereto.
“Affiliate of Developer” means an entity or entities in which Developer retains more than fifty percent (50%) in the aggregate, directly or indirectly, of the ownership or beneficial interest and retains full management and control of the day-to-day affairs of the transferee entity or entities, either directly or indirectly through another entity, subject only to certain major events requiring the consent or approval of the other owners of such entity. “Affordable Housing Covenant,” as defined in Section 405, means the Affordable Housing Agreement and Declaration of Restrictive Covenants, attached hereto as Attachment No. 6.
“Affordable Rent” shall mean rental rates no greater than that considered as affordable rent for Extremely Low Income Households, Very Low Income Households and Lower Income Households, as applicable to the Eligible Household, adjusted for family size appropriate to the unit, determined in accordance with California Health and Safety Code section 50053, as amended, or any successor statute thereto; provided, however, in no event shall the maximum affordable rent be higher than 20 percent below the median market rate rents for the neighborhood in which the Site is located.
“Affordable Unit” and “Affordable Units” are defined in Section 402. “Agreement” means this Disposition and Development Agreement between City and Developer.
“Area Median Income” means the median household income (adjusted for family size appropriate to the unit) of the Metropolitan Statistical Area in which Sonoma County is located, as established pursuant to California Health and Safety Code sections 50093 and 50105, as amended or any successor statute thereto.
“CEQA” is defined in Recital E. (1).
“CEQA Resolution” is defined in Recital E. (1).
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Packet Pg. 305 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 3
“Certificate of Completion,” as defined in Section 310, means the document evidencing Developer’s satisfactory completion of construction and installation of the Project Improvements, attached hereto as Attachment No. 8.
“City” means the City of Healdsburg, a California municipal corporation. “City Consultant Cost Deposit” is defined in Section 210. “City Council” means the City Council of the City of Healdsburg. “City Manager” means the City Manager of the City of Healdsburg, or his or her designee.
“City Municipal Code” means the Municipal Code of the City of Healdsburg. “City Parties” is defined in Section 306.
“City’s Conditions Precedent to Closing” is defined in Section 205.1. “Claims” means demands, lawsuits, liabilities, obligations, claims, damages, fines, penalties, expenses, costs, and cause of actions (including reasonable attorneys’ fees), whether at law or in equity.
“Closing” is defined in Section 202.4.
“Closing Costs” is defined in Section 202.1.
“Closing Date” is defined in Section 202.4.
“Commence Construction” and “Commencement of Construction” are defined in Section 303.
“Complete Construction” and “Completion of Construction” are defined in Section 303. “Condition of Title” is defined in Subsection.
“Conditions of Approval” means the conditions of approval adopted by the Planning Commission in connection with their approval of DR 2022-01 pursuant to the DR Resolution. “Construction Contract” is defined in Section 305.1.
“Construction Drawings” is defined in Section 304.2.
“Consultant Costs” is defined in Section 210.
“Conveyance” means the conveyance of fee title to the Site by City to Developer. “County” means the County of Sonoma.
“Date of Agreement” means the date on which this Agreement is signed by the City Manager on behalf of City as indicated on the signature page hereof.
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Packet Pg. 306 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 4
“Davis-Bacon” is defined in Subsection 308.2(a).
“Default” is defined in Section 601.
“Developer” means Burbank Housing Development Corporation, a California non-profit public benefit corporation.
“Developer Plans” is defined in Section 604.
“Developer’s Conditions Precedent to Closing” is defined in Section 205.2. “DR Resolution” is defined in Recital E. (2).
“Dry Creek IS/MND” is defined in Recital E. (1).
“DR 2022-01” is defined in Recital D.
“Eligible Household” means an Extremely Low Income Household, Very Low Income Household, or Lower Income Household qualified in accordance with the terms of this Agreement, the Affordable Housing Covenant and Sections 50106, 50105 and 50079.5, respectively, of the California Health and Safety Code, as amended or any successor statute thereto.
“Emergency Vehicle Access Easement Deed” is defined in Section 301(a) and attached hereto as Attachment No. 10.
“ENA” is defined in Recital C.
“Escrow” is defined in Section 202.
“Escrow Agent” is defined in Section 202.
“Evidence of Financing” is defined in Section 501.2.2.
“Exceptions” is defined in Section 203.
“Extremely Low Income Household” is defined in Section 50106 of the California Health and Safety Code section, as amended or any successor statute thereto. “Financial Assistance” is defined in Section 102.2 (f). “Grant Deed” means the document effecting the Conveyance to be recorded in the Official Records at Closing, attached hereto as Attachment No. 7. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including any material or substance which is: (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under sections 25115, 25117 or 25122.7, or listed pursuant to section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a “hazardous substance” under
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Packet Pg. 307 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 5
section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (CarpenterPresley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; (vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as “hazardous substances” pursuant to section 311 of the Clean Water Act (33 U.S.C. § 1317); (x) defined as a “hazardous waste” pursuant to section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, (42 U.S.C. § 6903); or (xi) defined as “hazardous substances” pursuant to section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., as the foregoing statutes and regulations now exist or may hereafter be amended.
“Implementing Agreements” is defined in Section 210.
“Interest” and “Interests” are defined in Section 103.1. “Laws” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees, of the United States, the State of California, County, City, any other political subdivision in which the Site is located, and of any other political subdivision, City or instrumentality exercising jurisdiction over City, Developer, the Site or the Project Improvements, including all applicable state labor laws and standards (including prevailing wages, as applicable); all applicable public contracts requirements, zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. section 12101, et seq., Government Code section 4450, et seq., Government Code section 11135, et seq., and the Unruh Civil Rights Act, Civil Code section 51, et seq.
“Lender’s Title Policy” is defined in Section 204.
“Lower Income Household” is defined in Section 50079.5 of the California Health and Safety Code, as amended or any successor statute thereto. “Marketing Plan” is defined in Section 402.3.
“Memorandum of Agreement,” as defined in Section 704, means the Memorandum of Disposition and Development Agreement, attached hereto as Attachment No. 4. “MMRP” means the Mitigation Monitoring and Reporting Program dated September 12, 2022, and included within the Dry Creek IS/MND approved pursuant to the CEQA Resolution. “Notice” is defined in Section 701.
“Official Records” means the official records of the Office of the County Clerk-Recorder of the County of Sonoma.
“Option Price” is defined in Section 605 (d).
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Packet Pg. 308 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 6
“Outside Date” is defined in Section 202.4.
“Owner” means the owner of fee title to the Site.
“Owner’s Title Policy” is defined in Section 204.
“Planning Commission” means the City of Healdsburg Planning Commission. “Pre-Approved Exceptions” is defined in Section 203.
“Preliminary Financing Report” is defined in Section 501.2.1. “Project” is defined in Recital D.
“Project Approvals” is defined in Section 302.2.
“Project Improvements” means the improvements to be designed and constructed by Developer on-Site and off-Site as provided herein and described in Section 301. “Property Manager” is defined in Section 402.5.
“Property Manager Unit” is defined in Section 402.2.
“Public Financing” is defined in Section 501.1.
“Public Improvement Agreement” is defined in Section 302.3. “Public Improvement Bonds” means the performance bond and payment bond required to be provided by Developer to City pursuant to the Public Improvement Agreement. “Public Improvement Plans” is defined in Section 302.3. “Public Improvements” is defined in Section 301 (b).
“Purchase Price” is defined in Section 0.
“Schedule of Performance” means the Schedule of Performance attached hereto as Attachment No. 5, setting out the dates and/or time periods by which certain obligations of City and Developer set forth in this Agreement must be accomplished. “Schematic Plans” is defined in Section 304.1.
“Site” is defined in Recital A.
“Site Improvements” is defined in Section 301 (a).
“Site Legal Description,” as defined in Recital A, means the legal description of the Site attached hereto as Attachment No. 2.
“Site Management Plan” is defined in Section 402.5.
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Packet Pg. 309 Attachment: Exhibit 1 - Disposition and Development Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4878-8989-9840 v4 7
“Site Map,” as defined in Recital A, means the map of the Site attached hereto as Attachment No 1.
“State Labor Code” is defined in Subsection 308.2(a).
“Storm Drain Easement Deed” is defined in Section 301(a) and attached hereto as Attachment No. 9.
“Subordination Agreement – Affordable Units” is defined in Section 405. “Subsequent Project Approvals” is defined in Section 302.2. “Supportive Services Plan” is defined in Section 402.4. “Title Company” is defined in Section 203.
“Title Report” is defined in Section 203 and attached hereto as Attachment No. 13. “Transfer” is defined in Section 605(d).
“Updated Title Report” is defined in Section 203.
“Very Low Income Household” is defined in Section 50105 of the California Health and Safety Code, as amended or any successor statute thereto. “Waste Management Compliance Report” is defined in Section 305.4. “Waste Management Plan” is defined in Section 305.4.
102. Representations and Warranties.
102.1 City Representations. City represents and warrants to Developer as follows:
(a) Authority. City is a California municipal corporation, which has been authorized to transact business pursuant to action of the City Council of the City. City has full right, power and lawful authority to perform its obligations hereunder and the execution, performance and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City.
(b) No Conflict. To the best of City’s knowledge, City’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. 102.2 Developer Representations. Developer represents and warrants to City as follows:
(a) Authority. Developer is a non-profit public benefit corporation, duly organized under, and qualified to do business and in good standing under, the laws of the State of California. Developer has full right, power and lawful authority to perform its
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obligations hereunder and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer. (b) No Conflict. To the best of Developer’s knowledge, Developer’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
(c) No Developer Bankruptcy. Developer is not the subject of any voluntary or involuntary bankruptcy proceeding, and there has been no general assignment or general arrangement for the benefit of any of Developer’s creditors, and no trustee or receiver has been appointed to take possession of substantially all of the assets of Developer. (d) Litigation. To the best of Developer’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Site or any portion thereof, at law or in equity before any court or governmental City, domestic or foreign.
(e) No City Member Financial Interest. No member, official or employee of City has any personal interest, direct or indirect, in this Agreement, the Site, the Improvements to be constructed thereon, or in any other development project or business venture in which Developer is the controlling or managing member, general partner or majority shareholder.
(f) Need for Financial Assistance. The Project Improvements are not financially feasible without the Conveyance of the Site to Developer pursuant to the provisions set forth in Section 201 (the “Financial Assistance”). The pro forma dated June 29, 2023, which supports Developer’s need for Financial Assistance is true, correct and complete in all material respects as of the date of the pro forma.
102.3 Material Changes. Until the issuance of a Certificate of Completion for the Project Improvements, Developer, upon learning of any fact or condition that would cause any of the warranties and representations in Section 102.2 not to be true in material respects, shall give written notice of such fact or condition to City within five (5) days of Developer learning such fact or condition.
103. Prohibition Against and Limitations on Change in Ownership, Management and Control of Developer.
103.1 General. The qualifications and identity of the Developer are of particular concern to City. It is because of such demonstrated qualifications and identity that City has entered into this Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall acquire any interest in the Site or Project Improvements or any portion thereof, or any rights or powers under this Agreement (each of the foregoing is referred to herein as an “Interest” and collectively as “Interests”), except as expressly set forth herein.
It is expressly stipulated and agreed that any assignment, sale, transfer or other disposition of all or any portion of the Site or any interest therein or any rights or powers under this Agreement in violation of this Section 103 shall be null, void and without effect and shall be ineffective to relieve Developer of its obligations under this Agreement. After issuance of the Certificate of
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Completion, this Section 103 shall no longer apply and the restrictions on transfer shall be as set forth in the Affordable Housing Covenant.
103.2 Assignment.
(a) Except for pre-approved transfers described in Section 103.3, prior to issuance of a Certificate of Completion with respect to the Project Improvements, Developer shall not assign or transfer any Interest without the prior written approval of the City Manager, in his or her sole discretion. The City Manager shall have the right to disapprove any transfer or assignment that would materially diminish or otherwise materially impair the ability of Developer to fulfill its duties and obligations under this Agreement. (b) Developer shall promptly notify City in advance of any proposed transfer or assignment of any Interest. The City Manager shall approve or disapprove the requested transfer or assignment within sixty (60) days after receipt of a written request for approval, together with such documentation as may be reasonably requested by the City Manager in order to evaluate the proposed assignee’s/transferee’s experience and qualifications, including all loan documents in connection with any proposed financing or refinancing and all documentation which the City Manager determines is reasonably necessary to evaluate the proposed transaction and the proposed assignee’s/transferee’s experience and qualifications.
Notice of a proposed transfer or assignment shall not be required with respect to those preapproved transfers listed in Subsections Error! Reference source not found. or 103.3(d). While pre-approved transfers described in Subsections 103.3(a), 103.3(c) and 103.3(e) do not require the prior approval of the City, Developer is required to provide notice of a proposed transfer or assignment of those pre-approved transfers described in Subsections 103.3(a), 103.3(c) and 103.3(e).
(c) In addition, Developer shall deliver to the City Manager a proposed written assignment and assumption agreement in which the assignee would expressly agree to assume all rights and obligations of Developer under this Agreement which arise after the effective date of the assignment, and in which the assignee would agree to assume, or Developer would expressly remain responsible for, all performance of Developer which arose prior to the effective date of the assignment. The assignment and assumption agreement shall be in a form reasonably acceptable to City’s legal counsel. Promptly following the date the assignment becomes effective, Developer shall deliver to City a fully executed counterpart of the assignment and assumption agreement.
103.3 Pre-Approved Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of a transfer or assignment of any Interest shall not be required in connection with any of the following:
(a) Subject to Developer submitting and obtaining City’s approval of the assignment and assumption agreement referred to in Subsection 103.2(c), any transfer or assignment of any Interest to an Affiliate of Developer; (b) The granting of temporary or permanent easements or permits to facilitate development of the Project Improvements;
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(c) Any mortgage, deed of trust, or assignment for purposes of financing construction (including design, planning, permitting, remediation, site preparation and horizontal and vertical construction) of the Project Improvements; (d) Leasing of Rental Affordable Units to Eligible Households at Affordable Rents; and
(e) Subject to Developer submitting and obtaining City’s approval of the assignment and assumption agreement referred to in Subsection 103.2(c), a transfer of Developers ownership interests into an entity in which Developer maintains full management and control of the day-to-day affairs of the transferee entity or entities, either directly or indirectly through another entity, and which transfer is completed only for the purpose of facilitating financing for the Project Improvements.
In the event of an assignment or transfer by Developer under Subsection 103.3(a), 103.3(c), or 103.3(e) not requiring City’s prior approval, Developer nevertheless agrees that it shall give at least sixty (60) days prior written Notice to City of such assignment or transfer. In addition, City shall be entitled to review such documentation as may be reasonably required by the City Manager for the purpose of determining compliance of such assignment or transfer with the requirements of Subsection 103.3(a), 103.3(c) or 103.3(e). 103.4 Mortgagee Protection. Nothing in this Section 103 or elsewhere in this Agreement shall prohibit (i) the sale or transfer of all or any portion of the Site or Project Improvements through foreclosure of a mortgage or deed of trust permitted pursuant to Subsection 103.3(c), (ii) the transfer of all or any portion of the Site to the holder of such permitted mortgage or deed of trust by deed in lieu of foreclosure, or (iii) the transfer of all or any portion of the Site by any such holder subsequent to acquisition by foreclosure or deed in lieu, so long as such transfer complies with Section 311. 200. CITY DISPOSITION OF THE SITE TO DEVELOPER
201. Purchase and Sale of the Site. Developer shall purchase the Site from City and City shall sell the Site to Developer in accordance with and subject to all of the terms, covenants and conditions of this Agreement for the sum of One Dollar ($1.00) (“Purchase Price”). 202. Escrow. Within the time set forth in the Schedule of Performance, City shall open escrow (“Escrow”) with Old Republic Title Company, Julie Massey, 55 12th Street, Suite 202, Oakland, CA 94607 “Escrow Agent”), for Conveyance of the Site to Developer. 202.1 Closing Costs. Any and all usual fees, charges, and costs chargeable by Escrow Agent for the Escrow, including the costs of the premium for the Title Policy and any endorsements thereto, recording fees, and documentary transfer taxes, if any, due with respect to the Conveyance of the Site (collectively, the “Closing Costs”), shall be paid by Developer. 202.2 Supplemental Escrow Instructions. Prior to Conveyance of the Site to Developer, the parties shall submit appropriate supplemental escrow instructions to Escrow Agent for the close of the Escrow in accordance with the terms and conditions of this Agreement. The parties shall use reasonable good faith efforts to close Escrow in the shortest possible time. Insurance policies for fire or casualty are not to be transferred, and City will
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cancel its own policies, if any, after the Closing. All funds received in the Escrow shall be deposited in interest-bearing accounts for the benefit of the depositing party in any state or national bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account. The Closing shall take place when both City’s and Developer’s Conditions Precedent to Closing as set forth in Section 205 hereof have been satisfied or waived by the party benefitted by such condition. Escrow Agent is instructed to release City’s escrow closing and Developer’s escrow closing statements to the respective parties.
202.3 Authority of Escrow Agent. Escrow Agent is authorized to, and shall:
(a) Title Policy. Pay and charge Developer for the premium of the Owner’s Title Policy and Lender’s Title Policy as set forth in Section 204 hereof and any amount necessary to place title in the condition necessary to satisfy Section 203 of this Agreement. (b) Endorsements. Pay and charge Developer for any endorsements to the Title Policy that are requested by Developer as set forth in Section 204 hereof. (c) Fees. Pay and charge Developer for the Closing Costs. (d) Purchase Price. Deliver the Purchase Price to City. (e) Grant Deed. Record the Grant Deed conveying fee title to the Site to Developer.
(f) Memorandum of Agreement. Record the Memorandum of
Agreement against the Site.
(g) Affordable Housing Covenant. Record the Affordable Housing Covenant against the Site.
(h) Subordination Agreement – Affordable Units. Record the Subordination Agreement – Affordable Units against the Site. (i) Public Improvement Agreement. Record the Public
Improvement Agreement against the Site.
(j) Disbursement. Disburse funds and deliver and record the Grant Deed, Memorandum of Agreement, Affordable Housing Covenant, Subordination Agreement – Affordable Units, and Public Improvement Agreement when both Developer’s and City’s Conditions Precedent to Closing have been fulfilled or waived in writing by Developer and/or City, as applicable.
(k) Other Actions. Do such other actions as necessary, including obtaining the Owner’s Title Policy, to fulfill its obligations under this Agreement. (l) Additional Documents. Direct City and Developer to execute and deliver any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulations promulgated
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thereunder. City shall execute a Certificate of Non-Foreign Status by individual transferor and/or a Certification of Compliance with Real Estate Reporting Requirement of the 1986 Tax Reform Act as may be required by Escrow Agent, on the form to be supplied by Escrow Agent. (m) Closing Statement. Prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law.
202.4 Closing. The Conveyance of the Site by City to Developer shall take place within ten (10) days after the satisfaction or waiver, as applicable, of all of City’s and Developer’s Conditions Precedent to Closing as set forth in Section 205, below. “Closing” shall mean the time and day the Grant Deed is filed for record in the Official Records of Sonoma County. The “Closing Date” shall mean the date on which the Closing occurs. Notwithstanding anything herein to the contrary, if, for any reason, Closing has not occurred prior to September 27, 2025 (“Outside Date”), this Agreement shall automatically terminate and, thereafter, neither party shall have any further rights or obligations hereunder except for those provisions which by their terms survive expiration or termination of this Agreement. Notwithstanding Section 702 below, the Outside Date is not subject to extension for any enforced delays. 202.5 Closing Procedure. Escrow Agent shall close Escrow for the Site as follows:
(a) Grant Deed. Record the Grant Deed conveying fee title to the Site to Developer in the Official Records, with instructions to deliver the Grant Deed to Developer.
(b) Memorandum of Agreement. Record the Memorandum of
Agreement against the Site in the Official Records immediately following recordation of the Grant Deed.
(c) Affordable Housing Covenant. Record the Affordable Housing Covenant against the Site in the Official Records immediately following recordation of the Deed of Trust.
(d) Subordination Agreement – Affordable Units. Record the Subordination Agreement – Affordable Units against the Site in the Official Records immediately following recordation of the Affordable Housing Covenant. (e) Public Improvement Agreement. Record the Public
Improvement Agreement against the Site in the Official Records immediately following recordation of the Subordination Agreement - Affordable Units. (f) Purchase Price. Deliver the Purchase Price to City. (g) Owner’s Title Policy. Instruct the Title Company to deliver the Owner’s Title Policy to Developer.
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(h) Informational Reports. File any informational reports required by Internal Revenue Code section 6045(e), as amended, and any other applicable requirements. (i) FIRPTA Certificate. Deliver the FIRPTA Certificate, if any, to Developer.
(j) Accounting. Forward to both Developer and City a separate accounting of all funds received from and disbursed to each party and conformed copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date and information endorsed thereon.
203. Review of Title. In accordance with the ENA, the City and Developer caused Old Republic Title Company (“Title Company”), to deliver to Developer and City a standard preliminary title report dated January 13, 2023, Order No. 1117026213-JM, with respect to the title to the Site (“Title Report”), attached hereto as Attachment No. 13, together with legible copies of the documents underlying the exceptions set forth in the Title Report (“Exceptions”).
Within thirty (30) calendar days following the Date of Agreement, the City and Developer shall cause Title Company to update the Title Report (“Updated Title Report”) and deliver the Updated Title Report and Exceptions set forth in the Updated Title Report to City and Developer. Further, within the time set forth in the Schedule of Performance, Developer shall cause a survey of the Site to be prepared by a licensed civil engineer, certified to Title Company, Developer and City, sufficient to enable Title Company to issue the Owner’s Title Policy and Lender’s Title Policy at Closing. Any matter on such survey shall be included in the Exceptions subject to Developer’s review and approval under this Section 203. Developer shall have the right to reasonably approve or disapprove the Exceptions and the Subordination Agreement – Affordable Units and Public Improvement Agreement; provided, however, Developer hereby approves the following Exceptions which shall be referred to herein as the “Pre-Approved Exceptions”:
(a) The lien of any non-delinquent property taxes and assessments; (b) Exception Nos. 1 through 17 as set forth in the Title Report; (c) The conditions, including repurchase option, set forth in the Grant Deed;
(d) The Memorandum of Agreement;
(e) The Affordable Housing Covenant;
(f) Matters created by, through, or under Developer, including, but not limited to, the Storm Drain Easement Deed and Emergency Vehicle Access Easement Deed required to be recorded against the Site in the Official Records prior to issuance of a certificate of occupancy for the Site Improvements;
(g) Such other exceptions to title as may hereafter be mutually approved by City and Developer.
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Within the time set forth in the Schedule of Performance, Developer shall give written Notice to City, Title Company and Escrow Agent of Developer’s approval or disapproval of any of the Exceptions (except the Pre-Approved Exceptions). Developer’s failure to give written disapproval of the Exceptions within such time limit shall be deemed approval of the Exceptions.
If Developer notifies City of its disapproval of any Exceptions, City shall have the right, but not the obligation, to cause any disapproved Exceptions to be removed within sixty (60) days after receiving written Notice of Developer’s disapproval or provide assurances satisfactory to Developer that such Exceptions will be removed on or before the Closing. City’s failure to notify Developer within such sixty (60) day period shall be deemed an election not to remove the disapproved Exceptions. City’s election not to remove any disapproved Exceptions shall not be a Default under the provisions of this Agreement. If City cannot or does not elect to remove any of the disapproved Exceptions within such sixty (60) day period, Developer shall have ten (10) days after the expiration of such sixty (60) day period to either give City written Notice that Developer elects, in its sole discretion, to proceed with the purchase of the Site subject to the disapproved Exceptions or to give City written Notice that Developer elects to terminate this Agreement. The Exceptions to title approved by Developer as provided herein shall hereinafter be referred to as the “Condition of Title.” If any Exceptions other than Pre-Approved Exceptions are reported by the Title Company after Developer has approved the Condition of Title for the Site pursuant to the foregoing procedures, then any such new Exception shall be subject to the same procedures for review and approval set forth above for Exceptions constituting the Condition of Title.
204. Title Insurance. Concurrently with recordation of the Grant Deed conveying to Developer fee title to the Site, the Title Company shall issue to Developer an ALTA owner’s policy of title insurance in the amount of Two Million Six Hundred Ten Thousand and 00/100 Dollars ($2,610,000.00) (“Owner’s Title Policy”), together with such endorsements as are reasonably requested by Developer, insuring that title to Developer’s interest in the Site acquired as of the date of issuance of the Owner’s Title Policy is vested in Developer. Title Company shall provide City with a copy of the Owner’s Title Policy. The premium for the Owner’s Title Policy, plus any additional costs, including the cost of the survey, if prepared, and any endorsements requested by Developer shall be borne by Developer. 205. Conditions of Closing. The Closing is conditioned upon the satisfaction of the following terms and conditions within the times designated below:
205.1 City’s Conditions of Closing. City’s obligation to proceed with the Closing of the Conveyance of the Site is subject to the fulfillment or waiver by City of each and all of the conditions precedent described below (“City’s Conditions Precedent to Closing”), which are solely for the benefit of City, and which shall be fulfilled or waived within the time periods provided for herein:
(a) No Default. Prior to the Closing, Developer shall not be in Default under the terms of this Agreement, no event shall have occurred which with the passage of time or giving of notice or both would constitute a Default hereunder, and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (b) Public Improvement Agreement; Public Improvement Bonds.
Developer shall have prepared, processed and secured City approval of plans and specifications
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for the Public Improvements, executed and acknowledged the Public Improvement Agreement, and delivered the Public Improvement Agreement into Escrow. Developer shall also have delivered the Public Improvement Bonds required pursuant to the Public Improvement Agreement to the City.
(c) Execution of Documents. Developer shall have (i) executed and acknowledged the Grant Deed, Memorandum of Agreement, Affordable Housing Covenant and any other documents required hereunder and delivered such documents into Escrow, and (ii) caused its lienholders to execute and acknowledge the Subordination Agreement – Affordable Units and deliver such documents into Escrow.
(d) Purchase Price. Developer shall have delivered the Purchase Price into Escrow.
(e) Costs of Closing. Developer shall have delivered the Closing Costs into Escrow.
(f) Evidence of Financing. City shall have approved Developer’s Evidence of Financing as provided in Section 501.2 hereof. (g) Insurance. Developer shall have provided proof of insurance as required by Section 306 hereof.
(h) General Contractor/Construction Contract. City shall have approved Developer’s general contractor and the Construction Contract as provided in Section 305.1 hereof.
(i) Construction Loan Closing. Developer’s construction loan(s) shall have closed or shall be ready to close concurrently with the Closing. (j) Permits and Land Use Approvals. Developer shall have obtained all City and other governmental permits and land use approvals required pursuant to Section 302 hereof and all other entitlements for the Project Improvements, and the period for administrative and legal challenge to such land use approvals and entitlements shall have expired and City shall be ready to issue building permits for the construction of the Project Improvements upon the payment of the applicable fees by Developer. (k) Payment of Development Fees. Developer shall have paid all or be current on payments to City of all development fees due City pursuant to the Project Approvals to enable Developer to commence development and construction of the Project Improvements unless City has otherwise agreed in writing to defer Developer’s payment of development fees to the issuance of a certificate of occupancy for the Project. (l) Design Review. City shall have reviewed and approved the Construction Drawings for the Project as provided in Section 304.4 hereof. 205.2 Developer’s Conditions of Closing. Developer’s obligation to proceed with the Conveyance of the Site is subject to the fulfillment or waiver by Developer of each and all of the conditions precedent described below (“Developer’s Conditions Precedent to
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Closing”), which are solely for the benefit of Developer, and which shall be fulfilled or waived within the time periods provided for herein:
(a) No Default. Prior to the Closing, City shall not be in Default of any of its obligations under the terms of this Agreement, no event shall have occurred which with the passage of time or giving of notice or both would constitute a Default hereunder, and all representations and warranties of City contained herein shall be true and correct in all material respects.
(b) Execution of Documents. City shall have authorized, executed and acknowledged the Grant Deed, Memorandum of Agreement, Affordable Housing Covenant, Public Improvement Agreement, and any other documents required hereunder, and delivered such documents into Escrow.
(c) Review and Approval of Title. Developer shall have reviewed and approved the Condition of Title, as provided in Section 203 hereof. (d) Owner’s Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, be ready to issue the Owner’s Title Policy upon recordation of the Grant Deed in accordance with Section 204 hereof. 206. Property Taxes and Assessments. Ad valorem taxes and assessments levied, assessed or imposed on the Site for any period prior to Conveyance of the Site to Developer shall be borne by City. Ad valorem taxes and assessments levied, assessed or imposed on the Site for the period after Conveyance thereof shall be borne by Developer. 207. Access to Site Prior to Conveyance of Site. Prior to Conveyance of the Site, City and Developer shall cooperate to enable representatives of Developer to obtain the right of access to all portions of the Site for the purpose of obtaining data and making surveys and tests, including the investigation of the soils and environmental condition of the Site. Developer agrees to notify City in writing at least twenty-four (24) hours prior to undertaking any studies or work upon the Site. City may require Developer to execute one or more right of entry agreements satisfactory to City’s legal counsel prior to commencing such studies or work. Any preliminary work by Developer shall be undertaken only after securing all required insurance under this Agreement and any and all necessary permits from the appropriate governmental agencies. Developer shall indemnify, defend, protect and hold City and City Parties harmless from any claims, losses, liabilities and damages arising out of the activities of Developer as set forth in this Section 207. In addition, in the event that Developer causes any damage to any portion of the Site or the existing improvements thereon, Developer shall promptly restore the Site and existing improvements thereon as nearly as possible to the physical condition existing immediately prior to Developer’s entry onto the Site.
208. Condition of the Site.
208.1 Investigation of the Site. During the term of the ENA, Developer was provided the right, at its sole cost and expense, to engage its own as Developer deems necessary, to determine whether the Site is suitable for development of the Project Improvements, taking into account the geotechnical and soils conditions; the presence or absence of toxic or other hazardous materials; the zoning of the Site; the massing of the proposed Project Improvements;
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traffic, circulation and parking requirements, issues and constraints imposed on developments of this type that may affect development of the Site; assessment of major public and private utility capacities and connections for providing service to the Project Improvements; assessment of Site drainage; assessment of creek and wetland issues that may affect development of the Project Improvements; and assessment of any other environmental and regulatory factors that the Developer deems relevant. In accordance with the ENA, Developer notified City and does hereby confirm in this Agreement that, in the Developer’s judgment, based on its investigations and analyses, the Site is suitable for development.
Developer acknowledges that City makes no representations or warranties with respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of any information or reports made available to Developer regarding any inspections, engineering, environmental or other matters pertaining to the Site. Developer acknowledges that City has requested that Developer inspect fully all portions of the Site and investigate all matters relevant thereto and to rely solely upon the results of Developer’s own inspections or other information obtained or otherwise available to Developer, rather than any information that may have been provided by City to Developer.
208.2 No Further Warranties as to Site; Release of City. Notwithstanding any provision of this Agreement to the contrary, the Site shall be conveyed by City to Developer in its “AS IS” condition, “WITH ALL FAULTS,” with no warranty expressed or implied by City regarding the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Site for the development purposes intended hereunder. To the extent authorized by contract or law, City shall assign to Developer all warranties and guaranties with respect to the Site, if any, that City may receive from the prior owner of the Site.
Developer hereby waives, releases and discharges forever City and City Parties from all present and future Claims, known and unknown, arising out of or in any way connected with the condition of the Site or the existing improvements thereon or any Hazardous Materials on, under or about the Site or existing improvements, however they came to be placed there.
Developer is aware of and familiar with the provisions of section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
As such relates to this Section 208.2, Developer hereby waives and relinquishes all rights and benefits which it may have under section 1542 of the California Civil Code. ______________
Developer Initials
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209. Hazardous Materials.
209.1 Duty to Prevent Hazardous Materials Contamination. After the Conveyance, Developer shall take all reasonably necessary precautions to prevent the release of any Hazardous Materials onto or from the Site. Such precautions shall include compliance with all Laws with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with all Laws with respect to the disclosure, storage, use, removal and disposal of Hazardous Materials. 209.2 Environmental Inquiries. If a release of any Hazardous Materials onto or from any portion of the Site occurs at any time after the Conveyance, Developer shall, as soon as possible after the release, furnish to City a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. 209.3 Environmental Indemnification. From and after the Conveyance, Developer shall indemnify, defend and hold City and City Parties harmless from and against any Claims resulting from, arising out of, or based upon the release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site in violation, or alleged violation, of any Laws, no matter when occurred, except that the foregoing indemnity obligation shall not apply to any matters that arise out of the active negligence or willful misconduct of City or City Parties. This indemnity shall include any damage, liability, fine, penalty, parallel indemnity, cost or expense arising from or out of any claim, action, suit or proceeding for bodily injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, trespass, contamination, leak, spill, release or other adverse effect on the environment. 210. City Consultant Cost Deposit. Developer acknowledges that the City shall expend resources implementing this Agreement and performance of the tasks required of City in the Schedule of Performance. Within the time established in the Schedule of Performance, Developer shall submit to the City an initial deposit of TWENTY-FIVE THOUSAND Dollars ($25,000) (“City Consultant Cost Deposit”). The City Consultant Cost Deposit shall be placed in a separate City deposit account and any subsequent deposits shall be added to the total City Consultant Cost Deposit amount and may be used in accordance with this Agreement.
The City Consultant Cost Deposit shall be used by the City to pay for the City’s third party consultant costs and expenses incurred to implement this Agreement and negotiate and prepare agreements necessary to implement this Agreement (collectively, the “Implementing Agreements”). Such costs may include, but are not limited to, reasonable fees and services of third party consultants and attorneys, selected by the City in its sole discretion, relating to the implementation of this Agreement and the negotiation and preparation of the Implementing Agreements (“Consultant Costs”). Developer acknowledges that City’s Consultant Costs include its city attorney services provided by the firm of Burke Williams & Sorensen, LLP, who will assist City with the negotiation and drafting of the Implementing Agreements.
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300. DEVELOPMENT OF SITE
301. Project Improvements. Consistent with the Project Approvals, the “Project Improvements” to be constructed and developed by Developer on-Site and off-Site shall generally consist of and be defined as the following:
a) The Site shall be improved with two, four-story residential buildings of a height not to exceed 47 feet, as measured at the roof ridge and parapet, and 56 feet, as measured at the stairwells, containing 58 residential units totaling approximately 61,470 square feet and comprised of twenty-eight (28) one-bedroom units, fifteen (15) two-bedroom units, and fifteen (15) three-bedroom units, 104 surface parking spaces, 60 bicycle spaces (50 in a secured indoor room), approximately 6,225 square feet of common outdoor space, approximately 2,273 square feet of indoor common space, preservation and restoration of the Foss Creek riparian corridor, creation of wetlands on the Site, and associated hardscape and landscaping improvements (“Site Improvements”), with the exception of one (1) Manager’s Unit, the residential units shall be restricted for rental to and occupancy by lower income households, very low income households and extremely low income households, at an affordable rent, for a minimum period of 55 years, as more particularly set forth in the Affordable Housing Covenant attached hereto as Attachment 6. Further, in accordance with the Conditions of Approval, the Site shall be subject to (i) a ten foot (10’) wide public storm drain easement in the location of existing storm drain pipes and outfalls on, over and across the northerly portion of Site, in perpetuity, as more particularly set forth in the “Storm Drain Easement Deed” attached hereto as Attachment 9, and (ii) a twenty foot (20’) wide emergency vehicle access easement on, over and across the Site, in perpetuity, as more particularly set forth in the “Emergency Vehicle Access Easement Deed” attached hereto as Attachment 10, each of which shall be executed and acknowledged by Developer and City and delivered to City for recording in the Official Records against the Site prior to the issuance of a certificate of occupancy by City for the Site Improvements. b) Public improvements shall include (i) frontage improvements (curb, gutter, sidewalk, street lights, street trees, etc.) along the Dry Creek Road frontage of the Site as shown on the Schematic Plan, (ii) undergrounding of existing overhead utilities along the Dry Creek Road frontage of the Site, (iii) abandonment of existing 8-inch and 12-inch storm drain lines in Dry Creek Road, (iv) replacement of existing 24-inch storm drain line within the drive aisle and parking area, if required, following a condition analysis/assessment, (v) connection of sewer line serving the Site to either an existing or new sanitary sewer manhole in Dry Creek Road, (vi) installation of a City standard fire hydrant along the Dry Creek Road frontage of the Site, and (vii) installation of “no left turn” signage within Dry Creek Road right-of-way (“Public Improvements”).
Developer shall develop and construct the Project Improvements in accordance with the Conditions of Approval required by City, the MMRP, and those plans, drawings and documents (including Construction Drawings) submitted by Developer and approved by City, as applicable, all as provided herein. All work of Project Improvements shall be performed in a first-class,
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workmanlike manner by qualified, professional contractor(s) duly licensed in California and in good standing under applicable Laws.
302. Development Approvals. Except as otherwise expressly provided in this Agreement, Developer shall, at its sole cost, construct and install the Project Improvements onSite and off-Site in accordance with the Project Approvals, Subsequent Project Approvals, and the Construction Drawings to be submitted by Developer and approved by City as provided in Section 304.2.
302.1 Project Approvals. “Project Approvals” means the DR Resolution and CEQA Resolution, inclusive of the MMRP, approved by the Planning Commission on September 27, 2022, including the Conditions of Approval thereto, and all other approvals that may be required by the City Municipal Code or other applicable Laws. 302.2 Subsequent Project Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Project Approvals, will be necessary or desirable for implementation of the Project Improvements (“Subsequent Project Approvals”). The Subsequent Project Approvals may include, without limitation, the following: 401 Permit from the North Coast Regional Water Quality Control Board, 404 Permit from the U.S. Army Corps of Engineers, amendments of the Project Approvals, grading permits, encroachment permits, building permits, sewer and water connection permits, sign permits, certificates of occupancy, lot line adjustments and/or subdivision maps, and any amendments to, or repealing of, any of the foregoing. Within the time provided in the Schedule of Performance, Developer, at its expense, shall secure or cause to be secured any and all Subsequent Project Approvals, including those listed in Section 302.3 below, which may be required by City and any other governmental entity exercising jurisdiction, including compliance with CEQA and/or NEPA, if applicable. City staff will work cooperatively with Developer to assist in coordinating the expeditious processing and consideration of all necessary Subsequent Project Approvals for the Project Improvements. 302.3 Public Improvement Agreement; Public Improvement Bonds. Within the time provided in the Schedule of Performance Developer shall (i) prepare and file with City, for its review and approval in accordance with the Conditions of Approval, final public improvement plans in conformance with the Conditions of Approval (“Public Improvement Plans”), (ii) execute and deliver to Escrow an agreement governing Developer’s obligation to construct the Public Improvements in conformance with the Public Improvement Plans (“Public Improvement Agreement”), in the form prepared by and acceptable to the City Attorney, (iii) deliver to City performance and labor and material bonds, in an amount and form approved by the City Engineer, to guarantee Developer’s obligations relating to the Public Improvements as set forth in the Public Improvement Agreement (“Public Improvement Bonds”). 303. Schedule of Performance. Subject to the provisions of Section 702 hereof, Developer shall commence and complete construction of the Project Improvements and satisfy all other obligations and conditions of this Agreement with respect thereto within the times established in the “Schedule of Performance,” attached hereto as Attachment No. 5. “Commence Construction” or “Commencement of Construction” shall be deemed to have occurred when City has issued one or more permits for the construction of the Site Improvements and Developer has commenced excavation and grading on the Site in reliance on the permits issued; and such date shall be memorialized in writing by the parties. “Complete
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Construction” or “Completion of Construction” shall be deemed to have occurred when Developer has completed the work of the Project Improvements in conformity with this Agreement and therefore has the right to submit a request for a Certificate of Completion to City pursuant to Section 310. The Schedule of Performance is subject to revision from time to time as mutually agreed upon in writing between Developer and the City Manager, and the City Manager is authorized to make such revisions from time to time as he or she deems reasonably necessary. The foregoing notwithstanding, the City Manager has no authority to revise the Outside Date without the consent and approval of the City Council. 304. Design Review.
304.1 Schematic Plans. City hereby approves the plans prepared by Van Meter Williams Pollack, LLP, dated April 20, 2022, as updated April 22, 2022, and approved by the Planning Commission on September 27, 2022, pursuant to the DR Resolution (“Schematic Plans”), which illustrate the overall development concept of the Project Improvements. 304.2 Construction Drawings and Related Documents. Within the time set forth in the Schedule of Performance, Developer shall prepare and submit to City detailed construction drawings and plans with respect to the Project Improvements, including a grading plan, which shall be consistent with the Schematic Plans and be prepared by a registered civil engineer and/or licensed architect (“Construction Drawings”). 304.3 Revisions. If, after approval of the Construction Drawings, Developer desires to propose any material revisions to such Construction Drawings, it shall submit such proposed changes to City, and shall also proceed in accordance with any and all Laws regarding such revisions. If any material change to the Project Improvements is proposed which deviates from the basic concept for the Project Improvements set forth in the Schematic Plans as originally approved by City, then City’s approval of any revisions to such Construction Drawings may be conditioned upon the renegotiation of the economic terms of this Agreement.
If the Construction Drawings, as modified by the proposed change, generally and substantially conform to the Schematic Plans and the Project Improvements, the City Manager shall review the proposed change and notify Developer in writing within fifteen (15) days after submission to City as to whether the proposed change is approved or disapproved; provided, however, that the City Manager is authorized to and shall approve changes to the approved Construction Drawings provided such changes do not reduce the number or size of the Affordable Units or significantly reduce the quality of materials to be used, as determined by the City Manager in his or her reasonable discretion. Any and all change orders or revisions required by City and its inspectors which are required under City Municipal Code and all other applicable codes (e.g., Building, Plumbing, Fire, Electrical, etc.) and Laws shall be included by Developer in its Construction Drawings and completed during construction of the Project Improvements. 304.4 Consultation and Coordination. During preparation of the Construction Drawings, City staff and Developer shall hold progress meetings on an as-needed basis to coordinate the preparation, submission, and review of such Construction Drawings. City staff and Developer shall communicate and consult informally as frequently as is necessary to ensure that the formal submittal of any documents to City can receive timely and thorough consideration.
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304.5 Defects in Plans. City shall not be responsible to Developer or to any third parties in any way for (i) any defects in any Schematic Plans or Construction Drawings, (ii) any defects in any of the Project Improvements, or (iii) any structural or other defects in any work done according to the approved Schematic Plans or Construction Drawings. 305. Construction Requirements.
305.1 General Contractor; Construction Contract. Within the time established in the Schedule of Performance, Developer shall notify City of the Developer’s selection of a general contractor and the final construction contract (“Construction Contract”), which shall be a guaranteed maximum price contract in a form acceptable to City. The City Manager shall approve or disapprove the proposed general contractor and the Construction Contract for the Project Improvements within the time established in the Schedule of Performance. The City Manager shall not withhold approval of a proposed general contractor who in the reasonable opinion of the City Manager is financially capable and has the qualifications and experience to perform its duties and obligation under a guaranteed maximum price contract acceptable to City.
305.2 Costs of Development and Construction. All costs of preparing the Site, and planning, designing, and constructing the Project Improvements shall be borne solely by Developer.
305.3 Construction Oversight. City may retain a third party consultant to monitor the construction, and ensure that Developer maintains adequate funding for completion of the Project Improvements.
305.4 Waste Reduction and Recycling. Developer shall, and shall require its general contractor to, arrange the segregation of recyclable construction-generated solid waste from non-recyclable waste, and divert at least seventy percent (70%) of all construction debris.
Within the time established in the Schedule of Performance, Developer shall submit to City a waste management plan, in a form acceptable to City, outlining the estimated amount and types of waste to be generated, reused, recycled, and disposed of (“Waste Management Plan”). The City Manager shall approve or disapprove the proposed Waste Management Plan within the time established in the Schedule of Performance. If the City Manager disapproves the Waste Management Plan, the City Manager shall do so by written Notice to Developer stating the reasons for such disapproval. The City Manager shall approve or disapprove any newly submitted Waste Management Plan in the same manner and within the same time established in the Schedule of Performance for the approval or disapproval of the Waste Management Plan initially submitted to City. Upon Completion of Construction, Developer shall, or shall require the general contractor to, submit a report evidencing compliance with the Waste Management Plan, including evidence of the amounts and types of materials that have been recycled or reused for the Project Improvements (“Waste Management Compliance Report”). 305.5 Construction Reports. Upon Commencement of Construction and until Completion of Construction, Developer shall submit to City written progress reports of the construction within five (5) days following City’s request (not to be made more frequently than once a month). The progress reports shall be in such form and detail as may reasonably be required by City for proper review and oversight of the Project Improvements, and shall include
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a reasonable number of construction photographs taken since the last submitted progress report to visualize progress on the construction of the Project Improvements. 306. Insurance Requirements. Developer shall take out and maintain, and/or shall cause its contractor to take out and maintain, throughout the term of this Agreement, a commercial general liability policy in an amount not less than Two Million Dollars ($2,000,000) combined single limit, including contractual liability together with a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000), combined single limit. Such policy or policies shall be written on an occurrence form. During any period in which construction is being undertaken, Developer shall maintain or shall cause its contractor to maintain builder’s all-risk insurance in an amount not less than the full insurable value of the Improvements under construction on a replacement cost basis; and Developer, shall cause to be furnished to City evidence reasonably satisfactory to City that any contractor with whom Developer has contracted for the performance of work on the Site carries workers’ compensation insurance as required by law. Companies writing the insurance required hereunder shall be approved to conduct business in the State of California. Developer’s insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A-:VII. Developer shall furnish appropriate certificate(s) of insurance evidencing the insurance coverage required hereunder, and City and its officers, officials, and employees (collectively, “City Parties”) shall be named as additional insured parties under the liability policies required hereunder. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination (ten (10) days advance notice in the case of cancellation for nonpayment of premiums), if the insurance carrier provides such notices in its normal course of business. Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, selfinsurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate and endorsements shall be furnished by Developer to City within the time provided in the Schedule of Performance, and throughout the term of the Agreement within ten (10) business days following City’s request therefor. 307. Rights of Access. During the period of construction of the Project Improvements, representatives of City shall have the reasonable right of access to the Site, without charges or fees, at normal construction hours for the purposes of inspecting the Site and Project Improvements being constructed thereon and ensuring compliance with this Agreement, so long as City and its representatives comply with all safety and security rules. City and its representatives shall, except in emergency situations, notify Developer at least twenty-four (24) hours in advance of exercising its rights pursuant to this Section 307. Nothing herein shall be deemed to limit the ability of City to conduct code enforcement and other administrative inspections of the Site and Project Improvements in accordance with applicable Laws. 308. Compliance with Laws.
308.1 Compliance with Laws. Developer shall carry out the construction of the Project Improvements and all other work pursuant to this Agreement in conformity with all applicable Laws. All such work shall be performed by one or more qualified contractors duly licensed in and in good standing under the laws of the State of California.
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308.2 Prevailing Wage Requirements.
(a) Developer acknowledges and agrees that the Project Improvements may constitute “public works” as defined in Labor Code section 1720 in that such Project Improvements may involve construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds under Labor Code section 1720, et seq. (“State Labor Code”); however, depending on Project Financing, the Project Improvements may nevertheless be exempt from the requirements of the State Labor Code. Accordingly, in the event the Project Improvements to be constructed remain subject to the requirements of the State Labor Code, Developer shall comply with all applicable State Labor Code requirements, including provisions requiring the payment of prevailing wages in connection with construction of the Project Improvements. If applicable, Developer shall require its general contractor to post at the Site prevailing wage rates for all applicable trades and to submit copies of payroll records to Developer to ensure compliance with State Labor Code requirements pertaining to “public works.” Developer shall provide such payroll records to City promptly following City’s request therefor. Developer shall also include in the Construction Contract with its general contractor a provision, in a form reasonably acceptable to City, obligating such general contractor to require its contractors and/or subcontractors to comply with all State Labor Code requirements pertaining to “public works” (as defined in Labor Code section 1720). If Developer receives federal funding or assistance and the financing source requires compliance Developer shall also comply with any applicable federal labor requirements, including the Davis-Bacon Act of 1931 as codified in 40 U.S.C §§ 3141 through 3148 (“DavisBacon”). (b) If applicable, Developer shall defend (with counsel reasonably acceptable to City) City and City Parties from and against any and all Claims made by a third party or parties arising out of Developer’s obligation to comply with all State Labor Code and Davis-Bacon requirements pertaining to public works and payment of prevailing wages in connection with the Improvements, as required pursuant to the immediately preceding paragraph, and indemnify and hold harmless City and City Parties with respect to all final judgments or settlements in actions brought by any “contractor” in which City or City is (i) determined to be an “awarding body” and (ii) damages are awarded, pursuant to Labor Code sections 1726 or 1781 or applicable portions of Davis-Bacon. Developer’s indemnity obligations under this Section 308.2 shall survive expiration or termination of this Agreement and issuance of the Certificate of Completion.
(c) Developer hereby waives, releases and discharges forever City and City Parties from any and all present and future Claims arising out of or in any way connected with Developer’s obligation to comply with all State Labor Code and Davis-Bacon requirements pertaining to public works and payment of prevailing wages pursuant to the first paragraph of this Section 308.2.
309. Taxes and Assessments. During its period of ownership of the Site and the Project Improvements thereon, Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Site and the Project Improvements thereon, or any portion thereof, subject to Developer’s right to contest in good faith any such taxes or seek a welfare exemption. Developer shall remove or have removed any levy or attachment made on the Site or
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the Project Improvements thereon or any part thereof; or shall assure the satisfaction thereof within thirty (30) days following the date of attachment or levy. 310. Certificate of Completion. Following Developer’s satisfactory completion of the work of Project Improvements, as evidenced by City’s issuance of a certificate of occupancy and execution and recordation of Subordination Agreements in conformity with Section 405.1 of this Agreement, Developer may request that City issue the Certificate of Completion with respect to such work. The “Certificate of Completion” shall be substantially in the form of Attachment No. 8 attached hereto. City shall not unreasonably withhold the Certificate of Completion. If City refuses or fails to furnish the Certificate of Completion, City shall, within ten (10) business days after Developer’s written request therefor, provide Developer with a written statement of the reasons City refused or failed to furnish the Certificate of Completion. The statement shall also contain City’s opinion of the actions Developer must take to obtain the Certificate of Completion. The Certificate of Completion shall be a conclusive determination of Developer’s satisfactory completion of the work of Project Improvements. Any party then owning or thereafter purchasing or otherwise acquiring any interest in the Site shall not (because of such ownership, purchase, or acquisition) incur any obligation or liability under this Agreement, except for those continuing covenants as set forth in the Affordable Housing Covenant.
Notwithstanding anything in this Agreement to the contrary, the Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to the holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the construction of the Project Improvements, or any part thereof; nor shall the Certificate of Completion constitute a notice of completion as referred to in section 3093 of the California Civil Code.
311. Mortgage and Deed of Trust Financing.
311.1 No Encumbrances Except Mortgages and Deeds of Trust. Prior to issuance of the Certificate of Completion, mortgages, deeds of trust and any other financing instrument will be permitted on the Site only for the purpose of financing construction and development of the Project Improvements (including but not limited to, design, planning, permitting, remediation, site preparation and horizontal and vertical construction). Following issuance of the Certificate of Completion, mortgages, deeds of trust and any other financing instrument shall be permitted for any purpose, and City shall have no approval or disapproval rights with respect thereto. The words “mortgage” and “deed of trust” as used herein shall include sale and lease-back financing.
311.2 Holder Not Obligated to Construct Project Improvements. The holder of any mortgage or deed of trust on the Site shall not be obligated by the provisions of this Agreement to construct or complete the Project Improvements or to guarantee such construction or completion. Nothing in this Agreement shall be deemed to or be construed to permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon other than those uses and Project Improvements provided for or authorized by this Agreement, the Affordable Housing Covenant, and the Project Approvals. 311.3 Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage, deed of trust or other financing instrument granted by Developer on the Site, whenever City shall deliver any Notice or demand to Developer with
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respect to any breach or default by Developer hereunder, City shall at the same time deliver to each holder of record of any mortgage, deed of trust or other financing instrument on the Site a copy of such Notice or demand. No Notice of default shall be effective as to the holder unless such Notice is given. Each such holder shall (insofar as the rights of City are concerned) have the right, at its option, within one hundred twenty (120) days after the receipt of the Notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. In the event possession of the Site (or portion thereof) is required to effectuate such cure or remedy, the holder shall be deemed to have timely cured or remedied if it commences the proceedings necessary to obtain possession thereof within one hundred twenty (120) days, diligently pursues such proceedings to completion, and, after obtaining possession, diligently completes such cure or remedy (the foregoing time periods being subject to extension during the period that such holder is precluded from taking or pursuing any such action as a consequence of any bankruptcy stay or other court order). Nothing in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project Improvements (beyond the extent necessary to conserve or protect such Project Improvements or construction already made) without first having expressly assumed Developer’s obligations to City by written agreement reasonably satisfactory to City. Any such holder properly completing such Project Improvements shall be entitled, upon compliance with the requirements of Section 310, to a Certificate of Completion. 400. COVENANTS, RESTRICTIONS AND AGREEMENTS
401. Use Covenants. The Site shall be used for the uses set forth in the Project Approvals for the Site, as the same may be amended or modified from time to time. All uses on the Site shall conform to the Project Approvals, this Agreement, and the Affordable Housing Covenant.
402. Affordable Units. As more particularly set forth in the Affordable Housing Covenant, all of the residential units constructed on the Site (with the exception of one (1) unit which shall be reserved for the Property Manager [as defined in the Affordable Housing Covenant]) shall be rented to and occupied by an Eligible Household at an Affordable Rent (each, an “Affordable Unit” and, collectively, the “Affordable Units”). 402.1 Rent and Income Restrictions. As more particularly set forth in the Affordable Housing Covenant, the Affordable Units shall be rented to and occupied by Eligible Households at Affordable Rents for a period of fifty-five (55) years. 402.2 General Requirements for Affordable Units. As more particularly set forth in the Affordable Housing Covenant, the Fifty-Eight (58) Affordable Units constructed on the Site shall consist of twenty-eight (28) one-bedroom units, fifteen (15) two-bedroom units, and fifteen (15) three-bedroom units. The foregoing notwithstanding, one (1) of the Affordable Units shall be rented to and occupied by the Property Manager (the “Property Manager Unit”), who is required to reside on the premises pursuant to Section 402.5 below, however, the rental of the Property Manager Unit to the Property Manager shall not be subject to the income and rent restrictions set forth herein
402.3 Marketing of Affordable Units. Developer shall be responsible for marketing the Affordable Units, as more particularly set forth in the Affordable Housing Covenant. Within the time established in the Schedule of Performance, Developer shall submit
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to City a residential marketing plan, in a form acceptable to City and consistent with the provisions of the Affordable Housing Covenant (“Marketing Plan”). The City Manager shall approve or disapprove the proposed Marketing Plan within the time established in the Schedule of Performance. Approval shall not be unreasonably withheld. If the City Manager disapproves the Marketing Plan, the City Manager shall do so by written Notice to Developer stating the reasons for such disapproval. The City Manager shall approve or disapprove any newly submitted Marketing Plan in the same manner and within the same time established in the Schedule of Performance for the approval or disapproval of the Marketing Plan initially submitted to City.
402.4 Supportive Services to Residents. Developer shall be responsible for ensuring that adequate supportive services are provided to residents of the Affordable Units, as more particularly set forth in the Affordable Housing Covenant. Within the time established in the Schedule of Performance, Developer shall submit to City a residential supportive services plan, in a form acceptable to City and consistent with the provisions of the Affordable Housing Covenant (“Supportive Services Plan”). The City Manager shall approve or disapprove the proposed Supportive Services Plan within the time established in the Schedule of Performance.
Approval shall not be unreasonably withheld. If the City Manager disapproves the Supportive Services Plan, the City Manager shall do so by written Notice to Developer stating the reasons for such disapproval. The City Manager shall approve or disapprove any newly submitted Supportive Services Plan in the same manner and within the same time established in the Schedule of Performance for the approval or disapproval of the Supportive Services Plan initially submitted to City.
402.5 On-Site Property Manager; Site Management Plan. Developer shall be responsible for ensuring that a person with the requisite skill and experience managing multi-family residential developments (“Property Manager”) lives on the Site in one (1) of the Affordable Units. Further, Developer shall be responsible for addressing in detail their plan to provide for the maintenance, repair (both routine and extraordinary), and rehabilitation of the Affordable Units, replacement of capital items in the Affordable Units, and implementation of the requirements of the Conditions of Approval and MMRP (“Site Management Plan”). Within the time established in the Schedule of Performance, Developer shall submit to City a Site Management Plan. The City Manager shall approve or disapprove the proposed Site Management Plan within the time established in the Schedule of Performance. Approval shall not be unreasonably withheld. If the City Manager disapproves the Site Management Plan, the City Manager shall do so by written Notice to Developer stating the reasons for such disapproval. The City Manager shall approve or disapprove any newly submitted Site Management Plan in the same manner and within the same time established in the Schedule of Performance for the approval or disapproval of the Site Management Plan initially submitted to City.
403. Maintenance Covenants. Developer hereby covenants and agrees that it shall be responsible for ensuring that the Project Improvements on the Site are maintained in a clean and orderly condition and in good physical and aesthetic condition and repair, and that the Site shall be kept in a decent, safe, sanitary, habitable and tenantable living condition, free from any accumulation of debris, waste, unmaintained landscaping, graffiti, disrepair, abandoned vehicles and appliances, and illegal activity, and in conformity with all applicable federal, state and local laws, ordinances, codes and regulations, including the Conditions of Approval
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404. Nondiscrimination Covenants.
404.1 No Discrimination. Developer 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 any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site, any improvements thereon, or any part thereof, nor shall the grantee or any person claiming under or through Developer, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants and all other provisions of this Section 404 shall run with the land and shall be contained in each subsequent grant deed conveying title to the Site, any improvements thereon, or any part thereof, to any subsequent owner, and the provisions of this Section 404 shall survive expiration or other termination of this Agreement.
404.2 Nonsegregation Clause. Developer shall refrain from restricting the rental, sale or lease of the Site or any improvements thereon, or any part thereof, on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code. All such deeds, leases or contracts for the rental, sale or lease of the Site or any improvements thereon, or any part thereof, made by Developer after the Date of Agreement, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there will be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” (b) In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with
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reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises.” 405. Affordable Housing Covenant. Developer’s covenants with respect to the development, use, maintenance, and operation of the Site shall be more particularly set forth in the Affordable Housing Covenant, which shall run with the land and be binding on Developer and its successors and assigns for the period of time set forth therein.
Within the time provided in the Schedule of Performance, the Affordable Housing Agreement and Declaration of Restrictive Covenants (“Affordable Housing Covenant”), attached hereto as Attachment No. 6, shall be executed and acknowledged by City and Developer, subject to non-substantive formatting and/or clerical modifications, and delivered into Escrow for recordation in the Official Records. Further, prior to Closing, City and Developer shall agree on the allocation of one-bedroom units, two-bedroom units and threebedroom units for rental to Extremely Low Income Households, Very Low Income Households and Lower Income Households as provided in Sections 4, 5.a., 6.a., and 7.a. of the Affordable Housing Covenant, which allocation shall otherwise conform with the requirements of California Government Code § 37364. The Affordable Housing Covenant shall be recorded against the Site immediately following delivery and recordation of the Grant Deed and shall have priority over the liens of all mortgages, deeds of trust and other liens (other than the lien for current, unpaid property taxes). Within the time provided in the Schedule of Performance, Developer shall cause all such mortgagees, deed of trust beneficiaries and other lien holders to execute and deliver to Escrow for recordation in the Official Records a subordination agreement in a form reasonably acceptable to City unconditionally subordinating such mortgages, deeds of trust and other liens to the Affordable Housing Covenant (“Subordination Agreement – Affordable Units”). 406. Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction. City is deemed the beneficiary of the terms and provisions of this Agreement, including the Affordable Housing Covenant, and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement, including the Affordable Housing Covenant, and the covenants running with the land have been provided, without regard to whether City has been, remains or is an owner of any land or interest therein in the Site. City shall have the right, if this Agreement, Affordable Housing Covenant, or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement, Affordable Housing Covenant and covenants may
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be entitled. The covenants contained in this Agreement shall remain in effect until the issuance of the Certificate of Completion, except for the following:
(a) The covenants pertaining to the Affordable Units, use and maintenance of the Site and all Project Improvements thereon, as set forth in Sections 401, 402, 403 and 405, shall remain in effect for the time period set forth in the Affordable Housing Covenant.
(b) The covenants against discrimination, as set forth in Section 404 shall remain in effect in perpetuity.
500. FINANCIAL PROVISIONS
501. Preliminary Financing Report, Evidence of Financing, and Loan Closings. 501.1 Preliminary Financing Report. Within the time established in the Schedule of Performance, Developer shall prepare and submit to City its plan for debt financing that, coupled with the proposed equity financing, are sufficient to undertake the design and construction of the Project Improvements in accordance with this Agreement (“Preliminary Financing Report”). The Preliminary Financing Report shall include the following: (i) cost of design and construction of Project Improvements; (ii) initial amount of Twenty Nine Thousand and 00/100 Dollars ($29,000.00) to make up the annual capital reserve fund for replacement of Project Improvements; and (iii) private and public sources of funding for the design and construction of the Project Improvements, amount of funding to be provided by each source, and phasing and timing of funding applications, award and disbursements, including the sources of public funding (the “Public Financing”).
501.2 Evidence of Financing. Within the time established in the Schedule of Performance, Developer shall obtain and submit to City written evidence satisfactory to City that Developer has submitted applications for Public Financing and obtained firm commitments for debt and equity financing necessary to undertake the design and construction of the Project Improvements in accordance with this Agreement (“Evidence of Financing”). The Evidence of Financing shall include the following: (i) cost of construction of Project Improvements based on 100% Construction Drawings and a guaranteed maximum price Construction Contract; (ii) initial amount of Twenty Nine Thousand and 00/100 Dollars ($29,000.00) to make up the annual capital reserve fund for replacement of Project Improvements; and (iii) written evidence of private funding and Public Financing committed to the Project Improvements, amount of funding to be provided by each source, and phasing and timing of funding disbursements. 501.3 City Approval. The City Manager shall approve or disapprove the Preliminary Financing Report and Evidence of Financing within the times established in the Schedule of Performance. Approval shall not be unreasonably withheld. If the City Manager shall reasonably disapprove any portion of the Preliminary Financing Report or Evidence of Financing, the City Manager shall do so by written notice to Developer stating the reasons for such disapproval and, thereafter, Developer shall utilize good faith, diligent efforts to promptly obtain and submit to City a new Preliminary Financing Report or Evidence of Financing, as applicable. The City Manager shall approve or disapprove such new Preliminary Financing Report or Evidence of Financing in the same manner and within the same times established in the Schedule of Performance for the approval or disapproval of the Preliminary Financing Report
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or Evidence of Financing, as applicable, as initially submitted to City. In the event City disapproves Developer’s Preliminary Financing Report or Evidence of Financing or Developer fails to obtain and deliver the Preliminary Financing Report or Evidence of Financing to City as provided above, then either party may terminate this Agreement as provided herein by Notice to the other party and, thereafter, neither party shall have any rights or obligations hereunder. 501.4 Loan Closings, Financing, and Notice of Default to City. Prior to or simultaneous with the Closing, Developer’s construction loan(s) shall have closed and all other financing shall have been provided to Developer. Developer shall ensure that any and all parties, public and private, providing financing for design and development of the Project Improvements shall provide written notice to City (concurrent with notice to Developer) of any breach or default of Developer under their respective financing documents. 600. DEFAULTS AND REMEDIES
601. Default; Notice and Cure. Subject to permitted extensions of time as provided in Section 702, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following Notice and expiration of any applicable cure period, shall constitute a “Default” under this Agreement. A party claiming a Default shall give written Notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against the other party, and the other party shall not be in Default if (a) in the case of a monetary Default, such party cures the monetary Default within ten (10) business days following receipt of such Notice of Default, or (b) in the case of a non-monetary Default, such party cures, corrects or remedies the non-monetary Default within thirty (30) days following receipt of such Notice of Default, or if the non-monetary Default cannot reasonably be cured within such thirty (30) day period, said party commences to cure the non-monetary Default within said thirty (30) day period and thereafter completes such cure, correction or remedy with diligence.
602. Institution of Legal Actions. Except as otherwise specifically provided herein, upon the occurrence of a Default, and the expiration of the applicable cure period pursuant to Section 601 above, the non-defaulting party shall have the right, in addition to any other rights or remedies, to institute any action at law or in equity to cure, correct, prevent or remedy any Default, or to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Sonoma, State of California, or in the Federal District Court for the Northern District of the State of California. Notwithstanding anything herein to the contrary, a party’s right to recover damages in the event of a Default by the other party shall be limited to recovery of actual damages and neither party shall have the right to recover any special, punitive, or consequential damages.
603. Termination. This Agreement may be terminated: (i) if there is an uncured Default, by written Notice from the party not in Default, (ii) if there is a failure of an express condition (which is not waived by the party whom the condition benefits) by Notice from the party whom the condition benefits, or (iii) in accordance with the provisions of Sections 202.4, 203, or 501.3 hereof.
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604. Assignment of Developer Plans. In addition to City’s other rights and remedies hereunder, upon City’s request which may be made at any time following occurrence of a Developer Default, Developer shall assign and deliver to City, without charge, all plans, drawings, designs, surveys, soils reports, engineering reports, environmental studies, specifications and cost estimates prepared by or on behalf of Developer in connection with the Project Approvals and Project Improvements (collectively, “Developer Plans”). Developer hereby agrees that City may use any such Developer Plans in connection with any similar project or other development of the Site. City shall have the right to work with all architects, engineers and other consultants retained by Developer or with whom Developer has worked in connection with the Project Approvals and Project Improvements, and Developer shall not discourage any such architects, engineers and other consultants from working with City. Developer’s obligations under this Section 604 shall survive expiration or termination of this Agreement. 605. Option to Repurchase. City shall have the additional right, at its option, to repurchase the Site or any portion thereof with all improvements thereon, if after Conveyance of the Site and prior to the issuance of the Certificate of Completion for the Project Improvements:
(a) Failure to Commence Construction. Developer fails to Commence Construction of the Project Improvements on the Site within the time set forth in the Schedule of Performance; or
(b) Failure to Diligently Prosecute Construction to Completion.
Once Developer Commences Construction, Developer fails diligently to prosecute construction of the Project Improvements to completion within the time set forth in the Schedule of Performance; or
(c) Abandonment. Developer abandons or substantially suspends construction of the Project Improvements for a period of three (3) months after Developer’s receipt of written Notice of such abandonment or suspension from City; or (d) Unauthorized Sale or Transfer. Developer directly or indirectly, voluntarily or involuntarily sells, assigns, transfers, disposes of or further encumbers or agrees to sell, assign, transfer, dispose of or further encumber or suffer to exist any other lien against all or any portion of or any interest in the Site (“Transfer”), except in accordance with the terms of this Agreement. For the purpose of this provision, Transfer shall include, in addition to the common and ordinary meaning of those terms and without limiting their generality, transfers made to subsidiary or affiliated entities, and any “change in ownership” as that term is used from time to time in California real property taxation law, except as allowed under this Agreement.
This option shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit: (i) any mortgage, deed of trust or other security instrument permitted by this Agreement; or (ii) any rights or interests provided in this Agreement for the protection of the holder of such mortgages, deeds of trust or other security instruments.
To exercise its option to purchase with respect to the Site or any portion thereof, City shall pay to Developer in cash an amount equal to: (A) the Purchase Price originally paid by Developer; plus (B) the out-of-pocket costs actually incurred by Developer for labor and materials for the construction and design of the Project Improvements or that portion thereof existing at the time City exercises the option to purchase (exclusive of amounts financed by third
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parties, if any, to the extent such financing obligations are assumed by City); less (C) any net gains or net income withdrawn or made by Developer from the Site or such portion thereof or the Project Improvements thereon; and less (D) the amount of unpaid liens on the Site or such portion thereof which City agrees to pay or assume, and any unpaid current or past-due installments of taxes or assessments against the Site or such portion thereof which City agrees to pay or assume (collectively, the “Option Price”).
In order to exercise such purchase option, City shall give Developer Notice of such exercise and Developer shall, within forty-five (45) days after Developer’s receipt of such Notice, provide City with a detailed accounting of all of Developer’s costs incurred as provided above, supported by executed contracts, invoices and evidence of payment. City, within thirty (30) days thereafter, shall pay to Developer in cash (through an escrow if desired by City) all sums owing pursuant to this Section 605, and Developer shall thereupon execute and deliver to City a grant deed transferring to City all of Developer’s interest in the Site or portion thereof and improvements thereon, as applicable. The foregoing notwithstanding, the City shall have the continuing right to conduct an audit of all of Developer’s records pertaining to the Option Price for a period of two (2) years following Developer’s execution and delivery to City of the grant deed; accordingly, Developer shall maintain accurate books and records supporting its costs of design, construction and installation of the Project Improvements until the earlier of (i) issuance of a Certificate of Completion for the Project Improvements or (ii) two years following termination of this Agreement.
606. Acceptance of Service of Process. If any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City Manager or in such other manner as may be provided by law. If any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Lawrance Florin, CEO, or in such other manner as may be provided by law.
607. Rights and Remedies Are Cumulative. Except as otherwise expressly provided herein, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party, except as otherwise expressly provided herein. 608. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
700. GENERAL PROVISIONS
701. Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means, including via facsimile or via overnight courier, to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. Any Notice shall be deemed received on the date of
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delivery if delivered by hand or by first class mail, postage prepaid or if sent via nationally recognized overnight courier; and upon receipt of verification of transmission if sent via facsimile (provided a copy is sent the same day via first-class mail). Notices sent by a party’s attorney on behalf of such party shall be deemed given by such party.
To City: City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: Jeff Kay, City Manager
Telephone: (707) 431-3317
Email: [email protected]
With copies to: Burke, Williams & Sorensen, LLP
1999 Harrison Street, Suite 1650
Oakland, CA 94612
Attention: Michael G. Biddle, Esq.
Telephone: (510) 273-8780
Email: [email protected]
To Developer: Burbank Housing Development Corporation
1425 Corporate Center Parkway
Santa Rosa, CA 95407
Attention: Lawrance Florin, CEO
Telephone: (707) 526-9782
Email: [email protected]
With a copy to: Pelosi Ziblatt Law Group
24 Kearney Street, Ninth Floor
San Francisco, CA 94108
Attention: Peter Ziblatt, Esq.
Telephone: (415) 273-9670
Email: [email protected]
702. Enforced Delay; Extension of Times of Performance. Subject to the limitations set forth below, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement, excepting the Outside Date, shall be extended, where delays or failures to timely perform are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other party; or acts or failures to act on the part of City or any other public or governmental City or entity (other than the acts or failures to act of City which shall not excuse performance by City). An extension of time for any such cause shall be for the period of the enforced delay provided the party claiming such extension shall provide Notice to the other party within thirty (30) days of commencement of such cause and the total time period of such enforced delays shall in no event exceed eighteen
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(18) months. Any party claiming such extension shall notify the other(s) promptly after becoming aware of the existence of any event or condition giving rise to such claim. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer, excepting the Outside Date. Developer expressly agrees that adverse changes in economic conditions, either of Developer specifically or the economy generally, changes in market conditions or demand, and/or Developer’s inability to obtain financing or other lack of funding to complete the Project Improvements shall not constitute grounds of enforced delay pursuant to this Section 702. Developer expressly assumes the risk of such adverse economic or market changes and/or inability to obtain financing, whether or not foreseeable as of the Date of Agreement.
703. Successors and Assigns. Subject to the prohibitions set forth in Section 103 against changes in the ownership, management and control of Developer prior to issuance of the Certificate of Completion, all of the terms, covenants and conditions of this Agreement shall be binding upon Developer, and Developer’s permitted successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.
704. Recordation of Memorandum of Agreement. Within the time provided in the Schedule of Performance, the “Memorandum of Agreement” shall be executed and acknowledged by City and Developer in the form attached as Attachment No. 4, and delivered into Escrow for recordation against the Site in the Official Records upon Closing. 705. Relationship Between City and Developer. It is hereby acknowledged that the relationship between City and Developer is not that of a partnership or joint venture and that City and Developer shall not be deemed or construed for any purpose to be the agent of the other.
Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site or the Project Improvements.
706. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager is authorized to act on behalf of City unless specifically provided otherwise or the context would require otherwise. The City Manager is hereby authorized to extend times for performance set forth in the Schedule of Performance and to make other minor changes to this Agreement, and to negotiate and execute such other agreements as are called for in this Agreement, or that are necessary to carry out the intent of this Agreement. Except as otherwise provided in this Agreement, whenever City is required to provide an approval or disapproval, City shall give such approval or disapproval within fifteen (15) business days of a Developer’s request. If City fails to give such approval or disapproval with such 15-business day period, the request shall be deemed disapproved.
Notwithstanding anything herein to the contrary, any change or modification to the Outside Date shall require an amendment to this Agreement approved by the City Council, which approval may be granted or denied in its sole discretion.
707. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 708. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous
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agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.
709. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. Reference to section numbers is to sections in this Agreement, unless expressly stated otherwise.
710. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by City and Developer.
711. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
712. 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.
713. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a holiday, Saturday or Sunday, or a Friday on which City offices are closed, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in sections 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
714. Legal Advice. Each party represents and warrants to the other the following: it has carefully read this Agreement, and in signing this Agreement, it does so with full knowledge of any right which it may have; it has received independent legal advice from its respective legal counsel as to the matters set forth in this Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, it has freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or its respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
715. Time of Essence. Time is of the essence with respect to the performance by City and Developer of each and every obligation and condition of this Agreement. 716. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, shall execute any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement.
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717. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
718. Time for Acceptance of Agreement by City. This Agreement, when executed by Developer and delivered to City, must be authorized, executed and delivered by City on or before forty-five (45) days after signing and delivery of this Agreement by Developer or this Agreement shall be void, except to the extent that Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement by City. 719. Developer’s Indemnity. Developer shall defend (with counsel reasonably acceptable to City), indemnify, assume all responsibility for, and hold City and City Parties harmless from all Claims arising directly or indirectly from: (a) any of Developer’s acts, omissions, negligence or willful misconduct, whether such acts, omissions, negligence or willful misconduct be by Developer or by anyone directly or indirectly employed or contracted with by Developer, and (b) performance of the work of Project Improvements (including design, development, and construction); whether such Claims shall accrue or be discovered before or after expiration or termination of this Agreement or issuance of a Certificate of Completion.
Developer’s indemnity obligations under this Section 719 shall not extend to Claims to the extent occasioned by the active negligence or willful misconduct of City or City Parties.
Notwithstanding the foregoing sentence, Developer shall be required to defend City and City Parties against any and all Claims, regardless of the extent to which (or if at all) City or any City Parties is or are alleged or found to have partially caused or contributed to the Claim. The provisions of this Section 719 shall survive termination or expiration of this Agreement or any portion thereof.
720. Nonliability of Officials and Employees of City. No member, official or employee of City or City Parties shall be personally liable to Developer, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to Developer or its successors, or on any obligations under the terms of this Agreement.
Developer hereby waives and releases any claim it may have against the members, officials or employees of City with respect to any Default or breach by City or for any amount which may become due to Developer or its successor, or on any obligations under the terms of this Agreement.
721. Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement with the approval of Developer, which approval shall not be unreasonably withheld; provided, however, that City may assign or transfer any of its interests hereunder to any entity controlled by City at any time without the consent of Developer. 722. Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. 723. Cooperation in the Event of Legal Challenge. City and Developer, at Developer’s sole cost and expense, shall cooperate in the event of any court action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, and City shall, upon request of Developer, appear in the action and defend its
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decision. To the extent Developer determines to contest or defend such litigation challenges or requests that City cooperate in those defense efforts, Developer shall reimburse City, within ten (10) days following City’s written demand therefor, which may be made from time to time during the course of such litigation, all costs incurred by City in connection with the litigation challenge, including City’s administrative, legal and court costs. If Developer opts to defend any such legal challenge, Developer shall indemnify, defend, and hold harmless City and City Parties from and against any Claims assessed or awarded against City or City by way of judgment, settlement, or stipulation. Nothing herein shall authorize Developer to settle such legal challenge on terms that would constitute an amendment or modification of the Project Approvals or this Agreement, unless such amendment or modification is approved by the City Council in accordance with applicable legal requirements, and City reserves its full legislative discretion with respect thereto.
724. Termination of Exclusive Negotiation Rights Agreement. City and Developer acknowledge and agree that upon execution of this Agreement, the ENA referenced in Recital C of this Agreement is thereby terminated and of no further force or effect and neither City nor Developer shall have any further rights or obligations thereunder. [Signatures follow on next page]
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IN WITNESS WHEREOF, City and Developer have executed this Agreement on the respective dates set forth below.
Dated: ____________________
[Date of Agreement]
APPROVED AS TO FORM:
_________________________________
Samantha Zutler, City Attorney
Dated: ____________________
CITY:
CITY OF HEALDSBURG,
a California municipal corporation
By: _______________________________
Jeffrey Kay, City Manager
DEVELOPER:
BURBANK HOUSING DEVELOPMENT
CORPORATION,
a California non-profit public benefit corporation
By: _________________________________
Lawrance Florin, CEO
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Attachment No. 1
Site Map
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Attachment No. 2
Site Legal Description
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Attachment No. 3
Intentionally Omitted
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Attachment No. 4
Memorandum of Agreement
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Attachment No. 5
Schedule of Performance
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Attachment No. 6
Affordable Housing Agreement & Declaration of Restrictive Covenants
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Attachment No. 7
Grant Deed
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Attachment No. 8
Certificate of Completion
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Attachment No. 9
Storm Drain Easement Deed
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Attachment No. 10
Emergency Vehicle Access Easement Deed
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Attachment No. 11
Intentionally Omitted
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Attachment No. 12
Intentionally Omitted
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Attachment No. 13
Title Report
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4 Figure 2: Project Location
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Packet Pg. 356 Attachment: Attachment No. 1 - Site Map (4165 : Disposition and Development Agreement - 155 Dry Creek ATTACHMENT NO. 2
SITE LEGAL DESCRIPTION
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:
Beginning on the section line between Sections 17 and 16 in Township 9 North, Range 9 West, M.D.B. & M., 29 feet and 4 inches West of the point where said section line crosses the Northwestern Pacific Railroad (formerly the S.F. & N.P.R.R.); running thence West 363 feet and 10 inches; thence South 595 feet; thence East 363 feet and 10 inches; thence North 595 feet to the place of beginning.
Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.
Also excepting therefrom all that portion described in the deed to Marie Lorraine Evart, dated November 3, 1967 and recorded November 8, 1967 in Book 2298 of Official Records, Page 790, Serial No. K-75021.
Also excepting therefrom all that portion described in the deed to the County of Sonoma, dated November 3, 1967 and recorded March 25, 1968 in Book 2321 of Official Records, Page 655, Serial No. K-72016.
Also excepting therefrom Lot 1 and the Dry Creek Road right of way and the Grove Street right of way dedications as shown on City of Healdsburg Parcel Map #142, filed in the Office of the County Recorder of the County of Sonoma, State of California on August 29, 1997 in Book 569 of Maps, Pages 10 and 11, Sonoma County Records.
APN: 089-071-002
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Packet Pg. 357 Attachment: Attachment No. 2 - Site Legal Description (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 4
4888-5797-0754 v3
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Attention: City Clerk
APN: 089-071-002
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The document is exempt from recording fees per
Government Code § 27383 and Building Homes & Jobs
Trust Fund Fee per Government Code § 27388.1(a)(2)(D).
MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT (“Memorandum of Agreement”), dated for identification purposes as of __________, 20__, is entered into by and between the CITY OF HEALDSBURG, a California municipal corporation (“City”), and BURBANK HOUSING DEVELOPMENT CORPORATION, a California non-profit public benefit corporation (“Developer”).
1. Disposition and Development Agreement. City and Developer are parties to a Disposition and Development Agreement dated for identification purposes as of _________, 20__ (“DDA”), for: (i) City’s disposition and sale to Developer of certain real property located in the City of Healdsburg, County of Sonoma, State of California, legally described in Exhibit A, attached hereto and incorporated herein by this reference (“Site”); (ii) the development by Developer of Fifty-Eight (58) (57 Affordable Units and one (1) unrestricted Manager’s Unit) multi-family residential units, with ancillary parking and community amenities (“Affordable Units”), which shall be available for rental to households of extremely low, very low, and lower income, on the Site (“Project”); and (iii) Developer to own, use, operate and maintain the Project, including the Affordable Units, in accordance with the terms of the DDA and the Affordable Housing Covenant. The DDA is available for public inspection and copying at the office of the City Clerk, City of Healdsburg, City Hall, 401 Grove Street, Healdsburg, California 95448. All of the terms, conditions, provisions and covenants of the DDA are incorporated in this Memorandum of Agreement by reference as though written out at length herein, and the DDA and this Memorandum of Agreement shall be deemed to constitute a single instrument or document. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the DDA.
2. Purpose of Memorandum of Agreement. This Memorandum of Agreement is prepared for recordation purposes only, and in no way modifies the terms, conditions, provisions and covenants of the DDA. In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum of Agreement and the DDA, the terms, conditions, provisions and covenants of the DDA shall prevail.
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Packet Pg. 358 Attachment: Attachment No. 4 - Memorandum of Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons ATTACHMENT NO. 4
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2 The parties have executed this Memorandum of Agreement on the dates specified immediately adjacent to their respective signatures.
Dated: _____________, 20__
APPROVED AS TO FORM:
___________________________
Samantha Zutler, City Attorney
Dated: _______________, 20__
CITY:
CITY OF HEALDSBURG,
a California municipal corporation
By: _______________________________
Jeffrey Kay, City Manager
[notary acknowledgment required]
DEVELOPER:
BURBANK HOUSING DEVELOPMENT
CORPORATION, a California non-profit public
benefit corporation
By: __________________________
Lawrance Florin, CEO
[notary acknowledgment required]
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Packet Pg. 359 Attachment: Attachment No. 4 - Memorandum of Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons 4888-5797-0754 v3
EXHIBIT A
LEGAL DESCRIPTION OF SITE
The land referred to is situated in the County of Sonoma, City of Healdsburg, State of California, and is described as follows:
Beginning on the section line between Sections 17 and 16 in Township 9 North, Range 9 West, M.D.B. & M., 29 feet and 4 inches West of the point where said section line crosses the Northwestern Pacific Railroad (formerly the S.F. & N.P.R.R.); running thence West 363 feet and 10 inches; thence South 595 feet; thence East 363 feet and 10 inches; thence North 595 feet to the place of beginning.
Excepting therefrom all that portion described in the deed to the County of Sonoma, dated August 12, 1961 and recorded November 7, 1961 in Book 1857 of Official Records, Page 354, Serial No. G-71491.
Also excepting therefrom all that portion described in the deed to Marie Lorraine Evart, dated November 3, 1967 and recorded November 8, 1967 in Book 2298 of Official Records, Page 790, Serial No. K-75021.
Also excepting therefrom all that portion described in the deed to the County of Sonoma, dated November 3, 1967 and recorded March 25, 1968 in Book 2321 of Official Records, Page 655, Serial No. K-72016.
Also excepting therefrom Lot 1 and the Dry Creek Road right of way and the Grove Street right of way dedications as shown on City of Healdsburg Parcel Map #142, filed in the Office of the County Recorder of the County of Sonoma, State of California on August 29, 1997 in Book 569 of Maps, Pages 10 and 11, Sonoma County Records.
APN: 089-071-002
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Packet Pg. 360 Attachment: Attachment No. 4 - Memorandum of Agreement (4165 : Disposition and Development Agreement - 155 Dry Creek Commons ATTACHMENT NO. 5
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ATTACHMENT NO. 5
SCHEDULE OF PERFORMANCE
Action Date
1. Escrow Opening.
City shall open Escrow with Escrow Agent
for the Conveyance of the Site to Developer.
(§ 202)
Within 15 days following the
Date of Agreement.
2. City Consultant Cost Deposit.
Developer shall deposit the City
Consultant Cost Deposit in an initial amount
of $25,000 with City. (§ 210)
Within 15 days following the
Date of Agreement.
3. Survey
Developer shall cause a survey of the Site to
be prepared and delivered to City and Title
Company. (§ 203)
Within 30 days following the
Date of Agreement.
4. Preliminary Title Report.
Developer and City shall cause the Title
Company to deliver the Updated Title
Report to Developer and City. (§ 203)
Within 45 days following the
Date of Agreement.
5. Approval/Disapproval of Exceptions.
Developer shall provide Notice to City of
Developer’s approval or disapproval of
Exceptions. (§ 203)
Within 30 days following the
Date of Agreement.
6. Submittal of Preliminary Financing
Report.
Developer shall submit its Preliminary
Financing Report for development of the
Site to City. (§ 501.1)
Within 30 days following the
Date of Agreement.
7. Approval of Preliminary Financing
Report.
City shall review the Preliminary Financing
Report and provide Developer with notice of
approval or disapproval. (§ 501.3)
Within 10 days following
submittal.
8. Public Financing Application.
Developer shall provide City with evidence
of submittal of application for Public No later than March 31, 2024.
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Packet Pg. 361 Attachment: Attachment No. 5 - Schedule of Performance (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 5
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Action Date
Financing. (§ 501.2)
9. Approval of Public Financing
Application.
Developer shall provide City with evidence
of approval of Public Financing. (§ 501.2)
No later than 180 days after
submittal of Public Financing
Application.
10. Submittal of Evidence of Financing.
Developer shall submit its Evidence of
Financing for development of the Site.
(§ 501.2)
Within 60 days following Public
Financing approval.
11. Approval of Evidence of Financing.
City shall review the Evidence of Financing
and provide Developer with notice of
approval or disapproval. (§ 501.3)
Within 10 days following
submittal of Evidence of
Financing.
12. Approval of General Contractor and
Construction Contract.
Developer shall obtain approval of the
selected general contractor and the
Construction Contract to be entered into for
the work of Project Improvements. (§ 305.1)
Within 30 days following
submittal of Evidence of
Financing.
13. Submittal of Public Improvement Plans
Developer shall submit the Public
Improvement Plans to City for review and
approval. (§ 302.3)
Within 180 days following the
Date of Agreement.
14. Approval of Public Improvement Plans
City shall review the Public Improvement
Plans and provide Developer with Notice of
approval. (§ 302.3)
Prior to Closing.
15. Submittal of Marketing Plan.
Developer shall prepare and submit
Marketing Plan to City for review and
approval. (§ 402.3)
Within 180 days following the
Closing.
16. Approval of Marketing Plan.
City shall review the Marketing Plan and
provide Developer with notice of approval or
disapproval. (§ 402.3)
Within 45 days following
submittal.
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Packet Pg. 362 Attachment: Attachment No. 5 - Schedule of Performance (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 5
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Action Date
17. Submittal of Supportive Services Plan.
Developer shall prepare and submit
Supportive Services Plan to City for review
and approval. (§ 402.4)
Within 180 days following the
Closing.
18. Approval of Supportive Services Plan.
City shall review the Supportive Services
Plan and provide Developer with notice of
approval or disapproval. (§ 402.4)
Within 45 days following
submittal.
19. Submittal of Site Management Plan.
Developer shall prepare and submit a Site
Management Plan to City for review and
approval. (§ 402.5)
Within 180 days following the
Closing.
20. Approval of Site Management Plan.
City shall review the Site Management Plan
and provide Developer with notice of
approval or disapproval. (§ 402.5)
Within 45 days following
submittal.
21. Insurance.
Developer shall furnish evidence of required
insurance to City. (§ 306) Prior to Closing.
22. Subsequent Project Approvals.
Developer shall secure all Subsequent
Project Approvals, including the 401 Permit
and 404 Permit, for development of the
Project Improvements. (§ 302.2)
Prior to Closing.
23. Closing of Construction Loan.
Developer’s construction loan shall have
closed. (§ 501.4)
Prior to or simultaneous with
Closing.
24. Closing.
City and Developer shall close Escrow and
Convey the Site to Developer. (§202.4)
Within 30 days following
satisfaction of all of City’s and
Developer’s Conditions
Precedent to Closing, but in no
event later than the Outside Date
of September 27, 2025.
25. Deposit Purchase Price and Closing Costs.
Developer shall have delivered the Purchase
Price and Closing Costs into Escrow.
Concurrent with Closing.
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Packet Pg. 363 Attachment: Attachment No. 5 - Schedule of Performance (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 5
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Action Date
(§ 205.1 (d) and (e))
26. Record Grant Deed.
City and Developer shall execute the Grant
Deed and deliver to Escrow for recording in
Official Records.
Concurrent with Closing.
27. Record Memorandum of Agreement.
City and Developer shall execute the
Memorandum of Agreement and provide to
Escrow for recording in Official Records.
(§ 704)
Concurrent with Closing.
28. Record Affordable Housing Covenant.
City and Developer shall have agreed on the
allocation of Affordable Units amongst the
Eligible Households, execute the Affordable
Housing Covenant, and provide to Escrow
for recording in Official Records. (§405)
Concurrent with Closing.
29. Record Subordination Agreement –
Affordable Units.
Developer shall cause all lienholders to
execute and acknowledge a Subordination
Agreement – Affordable Units (§405) and
provide to Escrow for recording in Official
Records.
Concurrent with Closing.
30. Record Public Improvement Agreement.
City and Developer shall execute the Public
Improvement Agreement and provide to
Escrow for recording in Official Records.
(§ 302.3)
Concurrent with Closing.
31. Public Improvement Bonds.
Developer shall have delivered directly to
City performance and labor and material
bonds required by Public Improvement
Agreement. (§ 302.3)
Concurrent with Closing.
32. Construction Drawings.
Developer shall prepare and submit to City
Construction Drawings for the Project
Improvements. (§ 304.2)
Concurrent with submittal of
application to the City for
building permit for the Project
Improvements.
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Packet Pg. 364 Attachment: Attachment No. 5 - Schedule of Performance (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 5
4880-9644-3202 v3
Action Date
33. Approval of Waste Management Plan.
Developer shall obtain approval of Waste
Management Plan for the work of Project
Improvements. (§ 305.4)
Prior to issuance of a building
permit for the Project
Improvements.
34. Commencement of Construction of
Project Improvements.
Developer shall Commence Construction of
the Project Improvements. (§ 303)
Within 30 days following
Closing.
35. Complete Construction of Project
Improvements.
Developer shall Complete Construction of
the Project Improvements. (§ 303)
Within twenty four (24) months
following Commencement of
Construction of Project
Improvements.
36. Waste Management Compliance Report
for Project Improvements.
Developer shall provide to City Waste
Management Compliance Report for
construction of Project Improvements.
(§ 305.4)
Prior to the issuance of
Certificate of Occupancy for the
Site Improvements.
37. Record Storm Drain Easement
Agreement.
City and Developer shall execute the Storm
Drain Easement Agreement and City shall
record it in Official Records. (§ 203 (j) and
§301 (a))
Prior to the issuance of
Certificate of Occupancy for the
Site Improvements.
38. Record Emergency Vehicle Access
Easement Agreement.
City and Developer shall execute the
Emergency Vehicle Access Easement
Agreement and City shall record it in
Official Records. (§ 203 (j) and § 301 (a))
Prior to the issuance of
Certificate of Occupancy for the
Site Improvements.
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Packet Pg. 365 Attachment: Attachment No. 5 - Schedule of Performance (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 5
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Action Date
39. Certificate of Completion for Project
Improvements.
City shall provide a Certificate of
Completion for the Project Improvements to
Developer. (§ 310)
Within 30 days following satisfactory
completion of the Project
Improvements, as evidenced by
City’s issuance of a certificate of
occupancy, and Developer’s request
therefor.
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Packet Pg. 366 Attachment: Attachment No. 5 - Schedule of Performance (4165 : Disposition and Development Agreement - 155 Dry Creek Commons Project) ATTACHMENT NO. 6
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Affordable Housing Covenant