CITY OF HEALDSBURG
CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING AGENDA
City Hall Council Chamber Meeting Date: September 18, 2023 401 Grove Street Time: 6:00 PM
Healdsburg, CA 95448 Date Posted: September 13, 2023
(707) 431-3317
To join by computer, tablet, or mobile device:
Go to https://zoom.us/join and type in the Webinar ID: 815 8894 3494 or follow this link:
healdsburg.gov/zoom (Pre-registration for the meeting is not required.) Process to watch the meeting and submit Public Comment as a part of the Zoom Webinar .
1. CALL TO ORDER/ROLL CALL
A. Pledge of Allegiance
B. Approval of Agenda
2. REPORT ON CLOSED SESSION(S)
3. ANNOUNCEMENTS/PRESENTATIONS
A. Pollution Prevention and Creek Week Proclamation
4. CITY MANAGER REPORTS
5. PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON
AGENDA ITEMS
This time is set aside to receive comments from the public regarding matters of general interest not on the agenda, but related to City Council/RSA business. Pursuant to the Brown Act, however, the City Council cannot consider any issues or take action on any requests during this comment period. Public comment on non-agenda items is limited to thirty (30) minutes total for all speakers, with each speaker given no more than three (3) minutes. If there are more than ten (10) audience/public comment speakers, the Mayor may reduce each speaker’s time from three (3) minutes so that all speakers have an equal time to speak. At the Mayor’s discretion, the public comment period may be extended past 30 minutes. Members from the public wishing to speak on a Consent Agenda item should notify the Mayor during Public Comments.
6. CONSENT CALENDAR
The following items listed on the Consent Calendar are considered routine in nature or have been previously reviewed by the Council and require little or no further discussion by the Council, public, or applicant and action will be taken by the City Council by a single motion. A Councilmember may request that an item be removed from the Consent Calendar and action taken City Council/RSA Regular Meeting Agenda
September 18, 2023
separately. Consent by a majority of the Councilmembers present will be required in order to remove the item. In the event an item is removed, the matter will be considered immediately following the adoption of the Consent Calendar.
A. Destruction of Certain Records in the City Manager's/City Clerk's Office and Finance Department
Adopt a Resolution authorizing the destruction of certain records in the City Manager's/City Clerk's Office and the Finance Department.
B. Professional Services Agreement with the Housing Land Trust of the North Bay Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement between the City of Healdsburg and the Housing Land Trust of the North Bay to provide professional services related to affordable home ownership for an initial oneyear term, with an annual not to exceed amount of $51,000, authorizing the City Manager to extend the agreement for up to two additional years for a total not to exceed of $153,000.
C. Lease Agreement with the YWCA Sonoma County for a Preschool Program at the Healdsburg Community Center
Adopt a Resolution approving a lease agreement with the YWCA Sonoma County for a preschool program at the Healdsburg Community Center, authorizing the City Manager to execute the lease agreement, and amending the adopted Fiscal Year 2023-2024 Budget.
7. PUBLIC HEARINGS
A. Readopt amendment to Healdsburg Municipal Code Limiting the Size and Location of Hotel Uses within the Plaza Retail (PR) and Downtown Commercial (CD) Zoning Districts
Adopt an urgency ordinance amending Healdsburg Municipal Code Section 20.08.145 Permitted and Conditionally Permitted Uses: PR, CD, and CS Districts; Section
20.28.020 Alterations and additions to nonconforming uses, structures and signs; Section
20.28.030 Restoration of damaged structure; and Section 20.28.310 Definitions; and establishing a new Section 20.20.090 Hotel, extended stay hotel, motel; to limit the size and location of hotel uses within the Plaza Retail and Downtown Commercial zoning districts.
Introduce, for first reading only, by title only and waiving full reading of the text, an ordinance amending Healdsburg Municipal Code Section 20.08.145 Permitted and Conditionally Permitted Uses: PR, CD, and CS Districts; Section 20.28.020 Alterations City Council/RSA Regular Meeting Agenda
September 18, 2023
and additions to nonconforming uses, structures and signs; Section 20.28.030 Restoration of damaged structure; and Section 20.28.310 Definitions; and establishing a new Section
20.20.090 Hotel, extended stay hotel, motel; to limit the size and location of hotel uses within the Plaza Retail and Downtown Commercial zoning districts.
8. OLD BUSINESS
A. Professional Services Agreement for Housing Needs Assessment and Housing Element Work Group (HEWG) Restructure
1. Adopt a Resolution reorganizing the Housing Element Work Group (HEWG) and rescinding Resolution No. 7-2022.
2. Adopt a Resolution authorizing the City Manager to enter into a contract with Economic & Planning Systems, Inc. in an amount not to exceed $75,800 for the Housing Needs Assessment and approve amending the adopted Fiscal Year 2023- 2024 Budget.
B. Professional Services Agreement for Downtown Housing Capacity Study Adopt a Resolution approving a Professional Services Agreement between the City of Healdsburg and Opticos Design, Inc. for consultant support to prepare a Downtown Housing Capacity Study for a not to exceed amount of $139,555 and authorizing the City Manager to execute the Agreement on behalf of the City Council and approve any future minor modifications to the scope of services being performed and approve amending the adopted Fiscal Year 2023-2024 Budget.
9. NEW BUSINESS
None.
10. COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE
PREVIOUS REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
11. WRITTEN COMMUNICATIONS
12. ADJOURN CITY COUNCIL / RSA MEETING
13. FUTURE AGENDA ITEMS
A. Future Agenda Items for 2023
City Council/RSA Regular Meeting Agenda
September 18, 2023
SB 343 - DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Any writings or documents provided to a majority of the City Council/Redevelopment Successor Agency Board regarding any item on this agenda after the posting of this agenda and not otherwise exempt from disclosure, will be made available for public review in the City Clerk's Office located at City Hall, 401 Grove Street, Healdsburg, during normal business hours. If supplemental materials are made available to the members of the City Council/Redevelopment Successor Agency Board at the meeting, a copy will be available for public review at the City Hall Council Chambers, 401 Grove Street, Healdsburg, CA 95448.
These writings will be made available in appropriate alternative formats upon request by a person with a disability, as required by the Americans with Disabilities Act.
DISABLED ACCOMMODATIONS: The City of Healdsburg will make reasonable accommodations for persons having special needs due to disabilities. Please contact Raina Allan, City Clerk, at Healdsburg City Hall, 401 Grove Street, Healdsburg, California, 431-3317, at least 72 hours prior to the meeting, to ensure the necessary accommodations are made.
CIUDAD DE HEALDSBURG
CONSEJO MUNICIPAL/AGENCIA DE DESARROLLO SUCESORA
ORDEN DEL DÍA DE LA REUNIÓN ORDINARIA DEL CONSEJO
MUNICIPAL
Cámaras del Consejo Municipal Fecha de reunión: 18 de septiembre de 2023 401 Grove Street Hora: 6:00 PM
Healdsburg, CA 95448 Fecha de publicación: 13 de septiembre de 2023 (707) 431-3317
Para participar por computadora, tableta o dispositivo móvil:
Vaya a https://zoom.us/join y teclee el número de identificación (ID) del seminario web: 815 8894 3494 o siga este enlace: healdsburg.gov/zoom (No es necesario inscribirse previamente a la reunión).
Para enviar comentarios públicos como parte del seminario web de Zoom. .
1. LLAMADA AL ORDEN/PASAR LISTA
A. Juramento a la bandera
B. Aprobación del orden del día
2. INFORME SOBRE LA SESIÓN/LAS SESIONES A PUERTA CERRADA
3. ANUNCIOS/PRESENTACIONES
A. Proclamación de la Semana de la Prevención de la Contaminación y de la Semana del Arroyo
4. INFORMES DEL GERENTE DE LA CIUDAD
5. COMENTARIOS PÚBLICOS SOBRE LOS PUNTOS EN EL CALENDARIO ACORDADO Y LOS PUNTOS NO INCLUIDOS EN EL ORDEN DEL DÍA
Este tiempo se reserva para recibir comentarios del público sobre asuntos de interés general no incluidos en el orden del día, pero relacionados con los asuntos del Consejo Municipal/RSA. Sin embargo, conforme la Ley Brown, el Consejo Municipal no puede considerar temas o tomar medidas sobre cualquier solicitud hecha durante este período de comentario. Los comentarios del público sobre los puntos no incluidos en el orden del día están limitados a treinta (30) minutos en total para todos los oradores, concediéndose a cada orador un máximo de tres (3) minutos. Si hay más de diez (10) comentarios públicos, el alcalde puede reducir el tiempo de tres (3) minutos de cada orador para que así todos los oradores tengan el mismo tiempo para hablar. A discreción del alcalde, el periodo de comentarios del público podrá prolongarse más de 30 minutos. Los miembros del público que deseen hablar sobre un asunto en el orden del día acordado deben notificárselo al alcalde durante los comentarios públicos.
Orden del día de la Reunión Ordinaria del Consejo Municipal /RSA 18 de septiembre de 2023
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6. CALENDARIO ACORDADO
Los siguientes puntos enumerados en el orden del día acordado se consideran rutinarios o han sido revisados previamente por el Consejo y requieren poca o ninguna discusión por parte del Consejo, el público o solicitante y el Consejo Municipal tomará medidas en una sola moción. Un miembro del consejo puede solicitar que se excluya un punto del calendario acordado y se pueden tomar medidas por separado. Para excluir un punto, se requiere el consentimiento de una mayoría de los miembros del consejo presentes. En caso de que se excluya un punto, el asunto se considerará de inmediato después de la adopción del orden del día acordado.
A. Destrucción de determinados documentos de la oficina del Gerente/la Secretaría de la Ciudad y del Departamento de Finanzas.
Adoptar una Resolución que autorice la destrucción de determinados documentos de la oficina del Gerente/la Secretaría de la Ciudad y del Departamento de Finanzas.
B. Acuerdo de servicios profesionales entre el Ayuntamiento de Healdsburg y el Housing Land Trust of the North Bay
Adoptar una Resolución que autorice al gerente de la Ciudad a celebrar un acuerdo de servicios profesionales entre la ciudad de Healdsburg y Housing Land Trust of the North Bay para la prestación de servicios profesionales relacionados con la propiedad de viviendas asequibles por un plazo inicial de un año con un importe anual no superior a $51,000, y la autorización para prorrogar el acuerdo dos años más por un importe total no superior a $153,000.
C. Acuerdo de arrendamiento con la YWCA del condado de Sonoma para un programa preescolar en el centro comunitario de Healdsburg Adoptar una Resolución por la que se aprueba un contrato de arrendamiento con la YWCA del condado de Sonoma para un programa preescolar en el Centro Comunitario de Healdsburg, se autoriza al gerente de la Ciudad a ejecutar el contrato de arrendamiento y se modifica el Presupuesto adoptado para el Año Fiscal 2023-2024.
7. AUDIENCIAS PÚBLICAS
A. Readoptar la enmienda al Código Municipal de Healdsburg que limita el tamaño y la ubicación de los usos hoteleros dentro de los distritos de zonificación Plaza Retail (PR) y Downtown Commercial (CD).
Adoptar una ordenanza de urgencia que modifique el Código Municipal de Healdsburg Sección 20.08.145 Usos Permitidos y Condicionalmente Permitidos: Distritos PR, CD y CS; Sección 20.28.020 Alteraciones y adiciones a usos, estructuras y letreros no conformes; Sección 20.28.030 Restauración de estructura dañada; y Sección 20.28.310 Definiciones; y establecer una nueva Sección 20.20.090 Hotel, hotel de estancia Orden del día de la Reunión Ordinaria del Consejo Municipal /RSA 18 de septiembre de 2023
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prolongada, motel; para limitar el tamaño y la ubicación de los usos hoteleros dentro de los distritos de zonificación Plaza Retail y Downtown Commercial.
Introducir, sólo para primera lectura, sólo por título y renunciando a la lectura completa del texto, una ordenanza que modifica el Código Municipal de Healdsburg Sección
20.08.145 Usos Permitidos y Condicionalmente Permitidos: Distritos PR, CD y CS; Sección 20.28.020 Alteraciones y adiciones a usos, estructuras y letreros no conformes; Sección 20.28.030 Restauración de estructura dañada; y Sección 20.28.310 Definiciones; y establecer una nueva Sección 20.20.090 Hotel, hotel de estadía prolongada, motel; para limitar el tamaño y la ubicación de los usos hoteleros dentro de los distritos de zonificación Plaza Retail y Downtown Commercial.
8. ASUNTOS PENDIENTES
A. Plan de Implementación del Elemento de Vivienda y Restructuración del Grupo de Trabajo del Elemento de Vivienda (HEWG)
1. Adoptar una Resolución reorganizando el Grupo de Trabajo del Elemento Vivienda (HEWG) y rescindiendo la Resolución No. 7-2022.
2. Adoptar una Resolución por la que se autorice al gerente de la Ciudad a celebrar un contrato con Economic & Planning Systems, Inc. por un importe no superior a $75,800 para la Evaluación de las Necesidades de Vivienda y aprobar la modificación del Presupuesto adoptado para el Año Fiscal 2023-2024.
B. Acuerdo de servicios profesionales- Estudio de la capacidad de vivienda en el centro Adoptar una Resolución por la que se apruebe un Acuerdo de Servicios Profesionales entre la Ciudad de Healdsburg y Opticos Design, Inc. para el apoyo de consultores en la preparación de un estudio sobre la capacidad de vivienda del centro de la Ciudad por un importe no superior a $139,555 y por la que se autorice al gerente de la Ciudad a ejecutar el Acuerdo en nombre del Consejo Municipal y a aprobar cualquier modificación menor futura del alcance de los servicios que se presten y aprobar la modificación del Presupuesto adoptado para el Año Fiscal 2023-2024.
9. ASUNTOS NUEVOS
Ninguna.
Orden del día de la Reunión Ordinaria del Consejo Municipal /RSA 18 de septiembre de 2023
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10. INFORMES DEL CONSEJO SOBRE ASUNTOS DE INTERÉS QUE HAN OCURRIDO DESDE LA REUNIÓN ORDINARIA ANTERIOR/INFORMES DE
REEMBOLSO DE GASTOS
11. COMUNICACIONES ESCRITAS
12. LEVANTAR LA REUNIÓN DEL CONSEJO MUNICIPAL/RSA
13. PUNTOS FUTUROS PARA EL ORDEN DEL DÍA
A. Futuros puntos del orden del día para 2023
SB 343 - DOCUMENTOS RELACIONADOS CON EL ORDEN DEL DÍA DE LAS SESIONES ABIERTAS: Cualquier escrito o documento provisto a una mayoría de la Junta del Consejo Municipal/Agencia de Desarrollo Sucesora con respecto a cualquier punto en este orden del día después de la publicación de la misma y que no esté exento de divulgación, se pondrá a disposición del público en la Oficina de la Secretaría Municipal ubicada en City Hall, 401 Grove Street, Healdsburg, durante horas hábiles. Si el material complementario se pone a disposición de los miembros de la Junta del Consejo Municipal/Agencia de Desarrollo Sucesora, una copia estará disponible para la revisión pública en las Cámaras del Consejo Municipal, 401 Grove Street, Healdsburg, CA 95448.
Estos escritos se pondrán a disposición en formatos alternativos apropiados a petición de una persona con discapacidad, tal y como exige la Ley de Estadounidenses con Discapacidades.
ADAPTACIONES POR DISCAPACIDAD: La ciudad de Healdsburg realizará adaptaciones razonables para las personas con necesidades especiales debidas a discapacidades. Por favor, contacte a Raina Allan, secretaria municipal, en Healdsburg City Hall, 401 Grove Street, Healdsburg, California, 431-3317, por lo menos 72 horas antes de la reunión para garantizar que se realicen las adaptaciones necesarias.
CITY OF HEALDSBURG
PROCLAMATION
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY
OF HEALDSBURG DECLARING SEPTEMBER 18-24, 2023 AS
POLLUTION PREVENTION WEEK, AND SEPTEMBER 16-23,
2023 AS CREEK WEEK IN THE CITY OF HEALDSBURG
WHEREAS, throughout the United States the week starting on the third Monday of September is recognized as National Pollution Prevention Week; and WHEREAS, throughout much of California, including the Russian River watershed, cities, counties and other stewardship organizations are recognizing the fourth week of September as Creek Week; and
WHEREAS, our pollution prevention practices are intrinsically linked to the health of our watershed lands and waterways; and
WHEREAS, the City of Healdsburg supports programs to reduce pollution, increase the environmental quality of our watershed, and provide our residents and visitors with the knowledge to be effective stewards of the Russian River watershed lands and waterways; and WHEREAS, the nearly 1,500 square miles of lands, 150 creeks, and approximately 350,000 residents of the Russian River watershed, including approximately 4.5 square miles of land, 4 miles of Foss Creek and the Russian River, and 12,000 residents of the City of Healdsburg, are connected and mutually support each other; and
WHEREAS, the Russian River, along with its tributaries and associated features are important resources to the City of Healdsburg; and
WHEREAS, pollution in the form of trash and debris, chemicals from industry and everyday living, and sediment from construction and many land uses and activities all have the potential to degrade the quality of life and the quality of resources within the Russian River watershed; and
WHEREAS, the City of Healdsburg strives to protect our lands and waterways through ongoing pollution prevention outreach which aims to raise awareness of the harmful effects of pollutants to our natural systems; and
WHEREAS, during Pollution Prevention Week and Creek Week; creek, river and ocean clean-up campaigns will take place throughout Sonoma and Mendocino Counties, including the annual Foss Creek Clean-up Event on September 23, 2023, sponsored by the City of Healdsburg.
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Attachment: Proclamation (4171 : Creek Week Proclamation) NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Healdsburg hereby declares September 18-24, 2023 as Pollution Prevention Week, and September 16-23, 2023 as Creek Week in the City of Healdsburg, and asks all members of our community to support efforts to protect and enrich our watershed health by participating in the many Pollution Prevention Week/Creek Week activities, and to take active steps to reduce pollution and care for our environment throughout the year.
DATED: September 18, 2023
SO ORDERED:
___________________________________
Ariel Kelley, Mayor
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Attachment: Proclamation (4171 : Creek Week Proclamation)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 18, 2023
SUBJECT: Destruction of Certain Records in the City Manager's/City Clerk's Office and Finance Department
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):
Provide Effective Governance
RECOMMENDED ACTION(S):
Adopt a Resolution authorizing the destruction of certain records in the City Manager's/City Clerk's Office and the Finance Department.
COMMUNITY ENGAGEMENT/OUTREACH:
Not applicable.
BACKGROUND:
On an annual basis pursuant to the adopted Records Retention Schedule, the City Clerk’s office processes requests to destroy certain records that are no longer needed for administrative, operational, legal or fiscal purposes or that have no historical value.
DISCUSSION/ANALYSIS:
Attached, for your review and consideration, are lists of records that staff recommends be destroyed pursuant to the citywide record retention schedule adopted by Resolution No. 70-2018.
As required by the retention schedule, the City Attorney, City Manager, Assistant City Manager, Finance Director, and City Clerk have reviewed and signed off on their respective list of records proposed to be destroyed.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
The City Council may choose to not adopt the proposed resolution in which case the records will have to be retained for a longer period than the records retention policy requires.
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Staff does not recommend this alternative as it could have fiscal impacts in terms of storage costs and set precedent as to a longer retention period.
FISCAL IMPACT:
Funding for this expenditure was included in the fiscal year 2023-24 adopted budget.
ENVIRONMENTAL ANALYSIS:
Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment; and is therefore not a project for purposes of CEQA.
ATTACHMENT(S):
Resolution
Attachment A - Administration Records
Attachment B - Finance Records
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CITY OF HEALDSBURG
RESOLUTION NO. ______-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG AUTHORIZING THE DESTRUCTION OF
CERTAIN RECORDS IN THE CITY MANAGER’S/CITY
CLERK’S OFFICE AND FINANCE DEPARTMENT
WHEREAS, the City Council, by Resolution No. 70-2018, adopted a citywide records retention schedule and established the procedure for the destruction of records; and WHEREAS, the City Attorney, City Manager, Assistant City Manager, Finance Director, and City Clerk have reviewed the attached lists of records proposed to be destroyed and find that they can be destroyed pursuant to the established Records Retention Schedules, and in compliance with Section 34090 of the California Government Code; and WHEREAS, adoption of the proposed resolution would not result in a direct or reasonably foreseeable indirect change in the physical environment and is therefore not a “project” for purposes of Section 21065 of the California Environmental Quality Act and no environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby authorizes the destruction of the certain records in: (1) the City Manager/City Clerk’s Office as reflected on Attachment “A;” and (2) the Finance Department as reflected on Attachment “B;” and directs the City Clerk to make the necessary arrangements for the actual destruction of said records.
PASSED, APPROVED AND ADOPTED, this 18th day of September 2023, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
Ariel Kelley, Mayor Raina Allan, City Clerk
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Attachment: Resolution (4160 : Records Destruction - Administration and Finance)
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Attachment: Attachment A - Administration Records (4160 : Records Destruction - Administration and Finance) CITY OF HEALDSBURG RECORDS DESTRUCTION 2023
CITY MANAGER/CITY CLERK’S OFFICE
Record and Box Title Date Box Number
Alliance Medical Center Working Files 2001-2002 02326CA See Attached Transfer List for Details 02327CA
Administration Working Files 1993-2010 93440CA
See Attached Transfer List for Details
CARE Applications - Claims 2014-2017 17498CA
See Attached Transfer List for Details
Expired/Terminated Agreements 2011-2012 12500CA
See Attached Transfer List for Details
Expired/Terminated Agreements – Measure V surveys 2012-2020 20501CA See Attached Transfer List for Details
General Correspondence – Claims 1971-1979 17497CA
See Attached Transfer List for Details 2004-2017
General Correspondence 1997 & 2018 18474CA
See Attached Transfer List for Details
General Correspondence 2017-2019 19499CA
See Attached Transfer List for Details
Municipal Planning and Development working files 19778-1987 87227CA See Attached Transfer List for Details
Measure V Survey Responses 2017-2019 19502CA
See Attached Transfer List for Details
Redevelopment Working Files 1982-1986 86046CA
See Attached Transfer List for Details
Saggio Hills Working Files 2006-2010 06441CA
See Attached Transfer List for Details
Working Files 1996-2014 96448CA
See Attached Transfer List for Details
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Attachment: Attachment A - Administration Records (4160 : Records Destruction - Administration and Finance)
HUMAN RESOURCES/PERSONNEL
Record and Box Title Date Box Number
2014 City Negotiator Working Files 2014 14444CA
See Attached Transfer List for Details
Fire Engineer Recruitment Materials 2017 17507CA
See Attached Transfer List for Details
Firefighter Recruitment Materials 2017 17508CA
See Attached Transfer List for Details
MOU Information 1974-1995 95138CA
See Attached Transfer List for Details
MOU Information 1976-1984 84134CA
See Attached Transfer List for Details
Payroll Journal Entries 2012-2015 12461CA
See Attached Transfer List for Details
Recruitment Records 2018-2020 20485CA
See Attached Transfer List for Details
Terminated/Retired Employees Prior to 12/1991 91182CA
See Attached Transfer List for Details
Timesheets 2015 15456CA
See Attached Transfer List for Details
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Attachment: Attachment A - Administration Records (4160 : Records Destruction - Administration and Finance)
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Attachment: Attachment A - Administration Records (4160 : Records Destruction - Administration and Finance)
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Attachment: Attachment B - Finance Records (4160 : Records Destruction - Administration and Finance) CITY OF HEALDSBURG RECORDS DESTRUCTION 2023
FINANCE DEPARTMENT
Record and Box Title Dates Box Number
GENERAL FILES
Bank and Cash Receipts FY2014/2015 152489GF
Bank Reconciliations FY 2012/2013 & 142457GF
FY 2013/2014
Bank Statements – Union Bank FY 00/01 to FY 13/14 142462GF Bank Statements FY 01/02 to FY 13/14 142463GF
Bank Statements FY 02/03 to FY 14/15 152464GF
Bank & Cash Receipts FY 2013/2014 142446GF
Finance Reports FY 96/97 to FY 02/03 032141GF
See attached records transfer list
State Controller Reports FY 08/09 to FY 12/13 132458GF
Transient Occupancy Tax Returns/General FY 2010/2011 to 152520GF Correspondence FY 2014/2015
Transient Occupancy Tax Returns/General FY 2005/2006 to 102533GF Correspondence FY 2009/2010
GENERAL LEDGER
Original Adjusting Journals and Utility Billing Journals FY 14/15 152479GL Original Adjusting Journals and Utility Billing Journals FY 13/14 142478GL Cash Receipt Journals FY 14/15 152497GL
Accounts Payable – Vendor Files FY 2014/2015 152477GL
Accounts Payable – Vendor Files FY 2013/2014 142450GL
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MISCELLANEOUS RECEIVABLES
Accounts Receivable Journals FY 15/16 162501MR
Accounts Receivable Journals FY 14/15 152502MR
Airport Fuel Sales FY 10/11 – 13/14 142459MR
Account Receivable Ledger FY 2013-2014 142472MR
PAYROLL
Check Runs FY 2013-2014 142467PR
Check Runs FY 2014-2015 152469PR
Adjusting Journals/Registers FY 2013-2014 142465PR
Payroll Registers FY 2014-2015 152455PR
Payroll Miscellaneous – Tax Documentation Various Years Prior 2015 152454PR Timesheets FY 2013-2014 142468PR
Timecards FY 2014-2015 152495PR
RECEIPT BOOKS
Receipt Books – Community Services FY 11-12 to 13-14 142460GF Receipt Books - CDC FY 11-12 to 14-15 152490RB
UTILITY BILLING
Meter Read Edits FY 2014-2015 152461UB
Utility Service Orders FY 2013-2014 142452UB
Field Service Orders FY 2013-2014 142448UB
Service Orders FY 2014-2015 152482UB
Service Orders FY 2015-2016 162483UB
Service Orders - UB FY 2016-2017 172546UB
Field Service Request and Closed Account Cards FY 2014-2015 152485UB Correspondence, Utility Adjustments
Field Service Request and Closed Account Cards FY 2015-2016 162484UB Correspondence, Utility Adjustments
Applications/Field Service Requests FY 2016-2017 172537UB Exception/Review List FY 2014-2015 152460UB
UB Rate Check FY 2014-2015 152459UB
Utility Payment Stubs FY 2013-2014 142447UB
Utility Payment Stubs FY 2014-2015 152451UB
Cash Receipt Journals FY 2013 & 2014 142454UB
Cash Receipts Archived Journals FY 2014-2015 152499UB
Utility Billing Account and Collection Information FY 2011-2015 112464UB Electric Time of Use Read Sheets 2001-2014 012463UB
Utility Billing Ledger 2009-2014 142457UB
CARE Applications 2015 & 2016 162504UB
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 18, 2023
SUBJECT: Professional Services Agreement between the City of Healdsburg and the Housing Land Trust of the North Bay
PREPARED BY: Griselda Villarreal, Administrative Analyst II STRATEGIC INITIATIVE(S):
Expand Affordable Housing Opportunities
Provide Effective Governance
RECOMMENDED ACTION(S):
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement between the City of Healdsburg and the Housing Land Trust of the North Bay to provide professional services related to affordable home ownership for an initial one-year term, with an annual not to exceed amount of $51,000, authorizing the City Manager to extend the agreement for up to two additional years for a total not to exceed amount of $153,000.
COMMUNITY ENGAGEMENT/OUTREACH:
This item will be considered by the City Council in a public meeting, during which time public comment will be provided. Additionally, Housing Land Trust of the North Bay (HLT), formerly known as Housing Land Trust of Sonoma County (HLTSC), conducts extensive outreach to the community when new affordable homeownership opportunities become available.
BACKGROUND:
The City of Healdsburg has expressed its commitment to affordable housing in its plans, policies, and programs, including the City’s Adopted 6th Cycle Housing Element. These plans call for partnering with non-profit organizations to ensure the preservation and retention of affordable housing units in the City.
Housing Land Trust of the North Bay is a private, non-profit corporation, established in 2002, and works in partnership with private developers and cities throughout Sonoma County to successfully provide home ownership opportunities to low, moderate- and middle-income, local workforce families.
In September 2014, the City contracted with HLT to provide specialized professional services to
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facilitate affordable homeownership oversight. HLT has provided administrative oversight of the City’s inclusionary homeownership units. They have successfully qualified and placed lowto moderate-income families in the Sonata, Chiquita, Palomino Court, Sorrento, and most recently the Arden developments, monitoring and providing stewardship the City’s stock of approximately 48 for-sale affordable units for program compliance and preventing conversion to market-rate, and participating in public hearings related to development projects and housing programs.
In 2015, by Resolution No. 132-2015, the City renewed its contract with HLT for professional services through June 2018, to facilitate affordable homeownership oversight.
In 2018, by Resolution No. 42-2018, the City once again contracted with HLT for a period of three years, which expired in June 2021.
In 2022, by Resolution No. 6-2022, the City renewed its contract with HLT for professional services through December 31, 2022.
In October 2022, the City and HLT amended the Professional Services Agreement, authorizing an extension of the agreement for an additional year, with the term to expire on December 31, 2023, and increasing the ‘not to exceed’ amount by $41,000 to $82,000.
In addition to monitoring activities, HLT also continues their work with the Farmstand subdivision for-sale units and potentially with the Saggio Hills affordable housing for-sale units.
DISCUSSION/ANALYSIS:
The proposed Professional Services Agreement (“PSA”) furthers plans, policies, and programs found in the Adopted 6th Cycle Housing Element including:
Policy 4.8: Develop moderate-and middle-income ownership housing in concert with the Housing Land Trust of the North Bay (or other similar organizations) specifically targeted at providing home ownership opportunities to moderate-and middle-income, local workforce families.
Program 3.2: Pursue Housing Site Acquisition/Land Banking - On an opportunistic basis, purchase sites or otherwise acquire sites with housing potential as part of efforts to partner with affordable housing developers and consider formation of or participation in a local or regional Housing Trust and/or Community Development Corporation to facilitate such transactions.
Program 5.4: Develop Lower, Moderate and Middle-Income Housing - Utilize Land Trust Model. Expand cooperation with the Housing Land Trust of Sonoma County (or similar organization) that use a land trust-based financing model to promote opportunities for ownership housing and provide the necessary incentives including site dedication and other subsidies.
With approval of the proposed PSA, HLT will continue to: monitor the City's stock of for-sale affordable units for program compliance, maintain a list of potential buyers for affordable homes, conduct outreach, oversee the selection of potential buyers for affordable homes to
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ensure they meet eligibility requirements, develop all agreements between the involved parties through escrow to ensure the units remain affordable into the future, and work with interested developers and potential homebuyers in Healdsburg.
Housing Land Trust of the North Bay has provided the attached Exhibit A proposal with an annual not to exceed amount of $51,000.
Staff is requesting that the City Council approve a one-year contract with HLT in an amount not to exceed $51,000 annually, and the authorization to extend the agreement for two additional years.
ENVIRONMENTAL STEWARDSHIP:
This item does not have a direct correlation to environmental stewardship.
ALTERNATIVES:
1. The City Council could direct staff to send out a request for proposals to other non-profit housing organizations. This alternative would delay implementation due to the time required to solicit, receive, and evaluate proposals from other firms and complete the consultant selection process.
2. Another alternative would be to perform the services in-house. It is anticipated that additional staff would be required to take on this responsibility, if not full-time, at least part-time. The cost of additional staff, whether full-time or part-time, is projected to exceed the proposed annual contract amount.
FISCAL IMPACT:
The proposed Professional Services Agreement is for an initial one-year term commencing January 1, 2024, with the two optional one-year extensions. The proposed contract not to exceed amount is $51,000 annually for a total three-year contract value of $153,000. The Measure S Fund adopted budget for Fiscal Year 2023-2024 includes sufficient appropriations for the initial one-year term.
ENVIRONMENTAL ANALYSIS:
The Professional Services Agreement amendment is not a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines 15378(b)(4) because the contract is for professional services that do not involve commitment to any specific project that may impact the environment; therefore, no environmental review is required.
ATTACHMENT(S):
Resolution
Exhibit A - Program Description & Scope of Services
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CITY OF HEALDSBURG
RESOLUTION NO.___ -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
THE HOUSING LAND TRUST OF THE NORTH BAY TO
PROVIDE PROFESSIONAL SERVICES RELATED TO
AFFORDABLE HOMEOWNERSHIP IN THE CITY OF
HEALDSBURG
WHEREAS, the City of Healdsburg ("City") has expressed a commitment to providing affordable housing through the adoption of various plans, policies, and programs; and WHEREAS, the City of Healdsburg is expecting an increase in the development of housing units, including inclusionary housing units; and
WHEREAS, the City Council has identified a need for specialized professional services to facilitate affordable homeownership oversight commencing January 1, 2024; and WHEREAS, Housing Land Trust of the North Bay (“HLT”), formerly known as the Housing Land Trust of Sonoma County, is fully qualified to perform such professional services by virtue of specialized experience, education, and expertise of its principals and employees in affordable housing; and
WHEREAS, the proposed scope of work includes tasks and services associated with administering the City’s affordable housing program to ensure that current and future affordable housing units will continue to be available as a long-term affordable housing resource for the community in support of the City’s housing goals and initiatives; and WHEREAS, the services identified in the Professional Services Agreement are in direct support of Programs 3.2, 5.4, and 4.8 of the City of Healdsburg’s 6th Cycle General Plan Housing Element, relating to affordable homeownership; and
WHEREAS, pursuant to chapter 3.24.080 section A.1. of the Municipal Code, contracts for professional or expert services are exempt from the bidding requirements; and WHEREAS, the Professional Services Agreement is not a “project” pursuant to California Environmental Quality Act (“CEQA”) Guidelines 15378(b)(4) because the contract is for the provision of professional services related to affordable homeownership and does not involve commitment to any specific project that may impact the environment; therefore, no environmental review is required.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Healdsburg approves an agreement with Housing Land Trust of the North Bay; and
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Packet Pg. 138 Attachment: Resolution (4180 : Housing Land Trust Professional Services Agreement) Resolution No. -2023
BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to execute the agreement for an initial one-year term with an annual not-to-exceed amount of $51,000, and to extend the agreement for up to two additional years for a total not to exceed amount of $153,000.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 18th 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. 139 Attachment: Resolution (4180 : Housing Land Trust Professional Services Agreement) City of Healdsburg Housing Program Description – Exhibit A: Project Description (Scope of Services)
Housing Land Trust of the North Bay (HLT) will coordinate and monitor the development of land trust permanently affordable homeownership opportunities in the City of Healdsburg. HLT will work with the City to ensure that current housing stock and future properties will meet the needs of Healdsburg’s workforce and are developed in a way that ensures they will be available as a long-term affordable housing resource for the community.
HLT will serve as a resource and steward to all current and future low- to moderateincome first-time homebuyers in the City of Healdsburg. HLT staff will serve as the point of contact to implement Inclusionary Zoning with City staff on future developments.
HLT is requesting $51,000.00 for providing the services as described from January 1, 2024, to December 31, 2024, for a renewable term for up to 2 additional years.
Scope of Services:
HLT will:
1. Create and maintain an interest list of potential buyers for affordable homes in Healdsburg.
2. Organize and coordinate community outreach and homeowner education.
3. Participate in public hearings related to future projects.
4. Enforce selection criteria and procedures, as approved by the City, for selecting buyers for future home sales.
5. Coordinate development of Memoranda of Understanding and other Agreements between the parties relating to the provision of affordable housing units.
6. Develop affordability projections for future projects and manage resales.
7. Work with for profit builders on future projects.
8. Monitor and ensure annually that homes are owner-occupied.
9. Provide pre-purchase and post-purchase education in the areas of finance, budgeting, and home maintenance.
10. Review all loan applications for initial and refinancing home loans with the lender.
11. Educate and counsel homeowners to prevent foreclosures.
12. Inform local employers of the housing program, providing information and making presentations.
WE P.O. Box 5431 • Healdsburg, CA 94955-5431 • T: (707)766-8875 • F: (707)922-0171
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Packet Pg. 140 Attachment: Exhibit A - Program Description & Scope of Services (4180 : Housing Land Trust Professional Services Agreement)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 18, 2023
SUBJECT: Lease Agreement with the YWCA Sonoma County for a Preschool Program at the Healdsburg Community Center
PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):
Provide Effective Governance
RECOMMENDED ACTION(S):
Adopt a Resolution approving a Lease Agreement with the YWCA Sonoma County for a preschool program at the Healdsburg Community Center, authorizing the City Manager to execute the lease agreement, and amending the adopted Fiscal Year 2023-2024 Budget.
COMMUNITY ENGAGEMENT/OUTREACH:
Work has been underway since 2018 by the Early Childhood Education Workgroup (ECE) that consists of community members, the Healthcare Foundation of Northern Sonoma County, the Health Action Preschool Committee, First 5 Sonoma County, the Community Childcare Council of Sonoma County, the American Association of University Women – Healdsburg Chapter and City staff to work on expanding childcare and preschool opportunities. The City issued a public Request for Proposals for a preschool program provider in 2021.
BACKGROUND:
In 2019 the ECE Workgroup identified the Healdsburg Community Center as a potential site for expanding preschool opportunities in Healdsburg since the Community Center has two former kindergarten rooms equipped with restrooms and an outdoor play area. These rooms were being used for the City’s ECE program Mondays, Wednesdays, and Fridays from 9:00 a.m. – 1:00 p.m. during the school year, and Monday through Friday 8:00 a.m. – 1:00 p.m. for a preschool-aged summer camp.
For Fiscal Year 21-22, City Council adopted a goal to: “Explore options for expanding child-care services; Identify needs, delivery mechanisms, and funding options for City Council consideration.” This goal was the outcome of work that started in 2018 by the Early Childhood Education Workgroup. While the City offered – and continues to offer today – programs for preschool-aged children through its Early Childhood Education (ECE) program, these programs
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are not State-licensed programs and therefore do not provide full-day services needed by working families.
Initially, the City considered converting the City’s partial day program to a full-day, licensed program. However, in order for the City to become a licensed full-day program, the City would need to create new full-time positions to provide this service, and this was deemed not feasible at the time. As an alternative, staff and representatives of the ECE Workgroup began exploring the possibility of contracting with a preschool service provider to establish a licensed, full-day program at the Community Center.
In 2021, work on the goal resumed and the City issued a Request for Proposals to determine interest in a preschool service provider establishing a licensed, full-day preschool program at the Community Center. The City received four proposals, and after screening and interviews, determined that the YWCA Sonoma County was best suited to move forward in the process. City staff began meetings with the YWCA Sonoma County to further develop the program concept.
In summary, the YWCA would create a full-day licensed program that would provide infant, toddler, and preschool-aged childcare with a focus on bi-lingual learning, kindergarten readiness, and social emotional learning within a multi-cultural program framework.
In order to host a licensed full-day preschool program, several Community Center improvements were needed:
• Installation of kitchenettes (stove, sink, refrigerator, counters) for snack and lunch preparation
• Electrical upgrades
• Classroom paint and flooring upgrades
• Outdoor play area upgrades
On April 3, 2023 City Council approved a construction contract in the amount of $447,686 plus at 10% contingency to complete the interior room upgrades, expected to be completed this month. The YWCA Sonoma County is working on the outdoor play area upgrades.
DISCUSSION/ANALYSIS:
The City has two existing lease agreements for use of space at the Community Center: the City leases rooms 15 and 16 to Alliance Medical Center under a standard landlord-tenant lease arrangement, and rooms 13, 14, 5 and miscellaneous use space to Corazon Healdsburg for office and programming under a service for lease-credit arrangement.
The YWCA currently operates six preschool program locations throughout Sonoma County.
Healdsburg’s program would focus on bi-lingual learning, kindergarten readiness, and social emotional learning within a multi-cultural program framework. The YWCA would handle all aspects of the program including program development, licensing, marketing and promotion, enrollment, staffing and staff development, and parent-program relationships. The YWCA’s updated program proposal is included as an attachment.
The proposed lease agreement uses the City’s landlord-tenant lease agreement. Under the terms of the proposed lease, the YWCA shall provide a year-round, full-time infant-toddler and
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preschool aged preschool program for the Healdsburg and surrounding community. The lease is proposed to be a five (5) year term with one five (5) year extension. The cost for the lease is proposed to be $5 per term, or $1 per year.
The YWCA’s program would use rooms 1 and 2 that are currently being renovated for a full-day licensed preschool program, along with the outdoor preschool play area and portions of the community garden. In addition:
• The east children’s restroom would be dedicated to the preschool program during program hours to meet licensing requirements.
• An additional shared-use classroom would be assigned to the YWCA to be used as a staff break room during program hours.
• The YWCA would have access to other common areas such as parking, courtyards, and the amphitheater.
The City would continue to be responsible for overall facility maintenance and operations including structural components, mechanical, utility services, and general building and grounds maintenance and upkeep. The YWCA would be responsible for daily cleaning and upkeep of the preschool rooms and outdoor play areas.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
City Council may choose not to enter into an agreement with YWCA and provide direction to staff.
FISCAL IMPACT:
No additional City costs are anticipated under the terms of the lease agreement. The City would continue to fund general facility upkeep and utilities and the YWCA would be responsible for all other program costs.
In February of 2022, in response to the COVID-19 pandemic the City Council approved $200,000 in Community Response Grants. The Council reserved $30,000 of this funding to support early child education by providing a grant to the selected preschool program provider to fund scholarships for low-income families. With YWCA now launching the program and ready to receive the grant, the $30,000 of Measure T funding is required to be re-budgeted in Fiscal Year 2023-2024.
ENVIRONMENTAL ANALYSIS:
Approving the lease agreement with the YWCA Sonoma County is exempt from the provisions of the California Environmental Quality Act (CEQA) because pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which exempts leasing and operation of existing public facilities involving negligible or no expansion of the existing use. The facility would continue being utilized as a Community Center hosting early childhood education activities, with the lease agreement merely specifying a tenant and other particular terms. There would be no intensification of the existing use.
6.C
Packet Pg. 143
ATTACHMENT(S):
Resolution
Exhibit A: YWCA Sonoma County Preschool Lease
Exhibit B: Budget Amendment
Preschool Program Request for Proposals
Childcare Capacity Study
6.C
Packet Pg. 144
CITY OF HEALDSBURG
RESOLUTION NO. ______-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG APPROVING A LEASE AGREEMENT WITH
THE YWCA SONOMA COUNTY FOR A PRESCHOOL
PROGRAM AT THE HEALDSBURG COMMUNITY CENTER,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
LEASE AGREEMENT, AND AMENDING THE ADOPTED
FISCAL YEAR 2023-2024 BUDGET
WHEREAS, work has been underway since 2018 by the Early Childhood Education Workgroup to expand childcare and preschool opportunities in the City of Healdsburg; and WHEREAS, the Workgroup identified the Healdsburg Community Center (“Community Center”) as a potential site for expanding preschool opportunities in Healdsburg since the Community Center has two former kindergarten rooms equipped with restrooms and an outdoor play area; and
WHEREAS, for Fiscal Year 21-22, the City Council of the City of Healdsburg adopted a goal to “Explore options for expanding child-care services; Identify needs, delivery mechanisms, and funding options for City Council consideration.”; and WHEREAS, in 2021 the City issued a Request for Proposals to determine interest in a preschool service provider establishing a licensed, full-day preschool program at the Community Center; and
WHEREAS, the City received four proposals, and after screening and interviews, selected the YWCA Sonoma County (YWCA); and
WHEREAS, under the terms of the lease agreement, the YWCA will provide a year-round, full-time infant-toddler and preschool aged preschool program using rooms 1 and 2 and the Outdoor Preschool Play Area and Garden Area; and
WHEREAS, pursuant to Resolution 21-2022, the City Council previously allocated $30,000 in Community Response Grant funding to the City-selected Community Center preschool program provider to fund scholarships for low-income families; and WHEREAS, now that the preschool program provider has been identified as the YWCA for funding disbursement purposes, the City’s Fiscal Year 2023-24 budget must be amended to reflect the disbursement.
6.C.a
Packet Pg. 145 Attachment: Resolution (4152 : YWCA Preschool Lease Agreement) Resolution No. _____-2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:
1. Approve the lease agreement with the YWCA Sonoma County for use of space at the Healdsburg Community Center for a full-day, year-round preschool program, attached hereto as Exhibit A; and
2. Authorize the City Manager to execute the lease agreement on the City’s behalf.
3. Find that approving a lease agreement with the YWCA Sonoma County is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which exempts leasing and operation of existing public facilities involving negligible or no expansion of the existing use. The Community Center would continue operating as a Community Center hosting early childhood education activities, with the lease agreement merely specifying a tenant and other particular terms. There would be no intensification of the existing use.
4. Approve amending the adopted Fiscal Year 2023-2024 budget as depicted in the attached Exhibit B.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 18th day of September, 2023, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
________________________________ ______________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
6.C.a
Packet Pg. 146 Attachment: Resolution (4152 : YWCA Preschool Lease Agreement) -iLEASE
BETWEEN THE CITY OF HEALDSBURG, A MUNICIPAL
CORPORATION, AND YWCA SONOMA COUNTY, A NONPROFIT CORPORATION
6.C.b
Packet Pg. 147 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) -iiTABLE OF CONTENTS
1. PARTIES ........................................................................................................................................................1
2. PREMISES .....................................................................................................................................................1
3. TERM............................................................................................................................................................1
4. RENT.............................................................................................................................................................1
5. USE OF PREMISES .........................................................................................................................................2
6. EMERGENCIES...............................................................................................................................................3
7. IMPROVEMENTS...........................................................................................................................................3
8. OWNERSHIP OF TENANT IMPROVEMENTS ...................................................................................................4
9. WORKS OF REPAIR AND IMPROVEMENT ......................................................................................................4
10. NO SUBORDINATION....................................................................................................................................5
11. COMPLIANCE WITH RULES, REGULATIONS, AND LAWS ................................................................................5
12. MAINTENANCE AND REPAIRS OF PREMISES .................................................................................................6
13. HOLDING OVER.............................................................................................................................................7
14. ABANDONMENT ...........................................................................................................................................8
15. ASSIGNMENTS AND SUBLETTING..................................................................................................................8
16. SIGNS, POSTERS, BUILDINGS.........................................................................................................................8
17. TAXES ...........................................................................................................................................................8
18. WAIVER OF DAMAGES AND INDEMNIFICATION ...........................................................................................8
19. INSURANCE...................................................................................................................................................9
20. DESTRUCTION OF PREMISES ....................................................................................................................... 10
21. BREACH ...................................................................................................................................................... 10
22. LITIGATION EXPENSES ................................................................................................................................ 10
23. SURRENDER OF PREMISES .......................................................................................................................... 11
24. DISCRIMINATION........................................................................................................................................ 11
25. WAIVER ...................................................................................................................................................... 11
26. QUIET ENJOYMENT..................................................................................................................................... 11
27. NOTICES...................................................................................................................................................... 11
28. RIGHT OF CITY TO ENTER PREMISES............................................................................................................ 11
29. PROPRIETARY AND GOVERNMENTAL ROLES; ACTIONS BY CITY.................................................................. 12
30. GENERAL PROVISIONS ................................................................................................................................ 12
31. SIGNATURES ............................................................................................................................................... 13 EXHIBIT “A” ......................................................................................................................................................... 14 EXHIBIT “B”.......................................................................................................................................................... 15
6.C.b
Packet Pg. 148 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 1 1. PARTIES
This LEASE, made and entered into this __ day of ________ 2023, between the City of Healdsburg, a municipal corporation, hereafter referred to as “City,” and YWCA Sonoma County, a non-profit corporation, hereafter referred to as “Tenant.”
2. PREMISES
City hereby leases to Tenant, and Tenant hereby hires and takes possession from City that certain improved real property situated at 1557 Healdsburg Avenue in Healdsburg, California on the terms and conditions as hereafter set forth and hereafter called “Premises” and depicted on Exhibit “A”.
3. TERM
3.1 INITIAL TERM
The term of this Lease shall be for five (5) years, which term will commence on October 1, 2023, and shall expire on September 30, 2028, unless sooner terminated under the provisions of this Lease.
3.2 OPTION TERM
Tenant shall have the right to extend the term of the Lease for one (1) additional term of five (5) years. In order to be effective, Tenant shall give written notice of intent to exercise the option at least one (1) year before the expiration of the Initial Term. If Tenant fails to timely notify City of election to extend for any option term, all succeeding option terms, if any, shall automatically expire and lapse and the Lease shall terminate at the end of the term then in effect.
4. RENT
4.1 BASE RENT
In exchange for the use of the Premises, Tenant shall pay to City the sum of Five Dollars ($5.00), in advance, all due and payable upon execution of this Lease as payment in advance for the term.
4.2 ADDITIONAL RENT: UTILITIES
City shall pay for gas, heat, light, power, and garbage., including installation and connection of such services from the main source thereof. Tenant is responsible for installation and use of all other utility costs required for use of the Premises, including but not limited to telephone service and internet.
6.C.b
Packet Pg. 149 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 2 5. USE OF PREMISES
5.1 The Premises shall be used for the purpose of conducting a state-licensed, full and part-day preschool program as described in Exhibit B “YWCA Sonoma County Proposal: Preschool Program Provider, Revised September 2023”, attached hereto and incorporated herein by this reference (“Preschool Program”).
5.2 Tenant shall have exclusive use of Room 1 and Room 2 (collectively known as the “Preschool Rooms”) and the Outdoor Preschool Play Area.
5.3 Tenant shall have exclusive use of the east children’s restroom during preschool program hours. The east children’s restrooms may be used for other programs before and after the preschool program hours.
5.4 Tenant shall have shared, non-exclusive use of the Garden Area for the Preschool Program. Tenant and City shall work collaboratively to schedule use to accommodate Tenant’s licensing requirements and City’s programming needs.
5.5 Tenant shall have shared, non-exclusive use of walkways, courtyards, and amphitheater areas when not reserved by City for other purposes.
5.6 Tenant shall have non-exclusive access to one (1) room to be used as a break room for Tenant’s staff. This room may be shared with other facility uses including, but not limited to, a break room for other staff working on the Premises, programs, and services.
5.7 Tenant shall have non-exclusive access, in common with City and all persons conducting business on the Premises and their respective customers, guests, licensees, invitees, employees and agents, to use the northerly parking area located on the Premises for vehicular parking on a "first-come, first-served" basis. In the event the northerly parking area is full or unavailable, overflow parking on the south side of the Premises may be used.
5.8 The Premises shall be used only for the Preschool Program and for no other purpose. Tenant shall not use any portion of the Premises for purposes other than Preschool Program without first obtaining the written consent of City. Tenant shall maintain and conduct its said business insofar as the same relates to Tenant's use and occupancy of the Premises, in a lawful manner and in strict compliance with all governmental laws, rules, regulations and order.
6.C.b
Packet Pg. 150 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 3 5.9 Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the scope of the Preschool Program on the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises.
6. EMERGENCIES
In the event of an emergency, the Premises may serve as an evacuation center, emergency operations center, and/or provide other emergency response services. City reserves the right to use and occupy the Premises for these services during an emergency. City and Tenant agree to coordinate this use to minimize impacts on Tenant’s services to the extent possible.
7. IMPROVEMENTS
7.1 COMPLIANCE WITH ACCESSIBILITY STANDARDS
Tenant agrees to maintain any improvements to the Premises so as to satisfy all required State and Federal accessibility standards. For purposes of Section 1938 of the California Civil Code, City hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises has not undergone inspection by a Certified Access Specialist (CASp). As required by Section 1938(e) of the California Civil Code, City hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, City and Tenant hereby agree as follows: (a) any CASp inspection requested by Tenant shall be conducted, at Tenant’s sole cost and expense, by a CASp designated by City, subject to City’s reasonable rules and requirements; (b) Tenant, at its sole cost and expense, shall be responsible for making any improvements or repairs within the Premises to correct violations of construction-related accessibility standards; and (c) if anything done by or for Tenant in its use or occupancy of the Premises shall require any improvements or repairs to the facilities (outside of the Premises) to correct violations of construction-related accessibility standards, then Tenant shall reimburse City upon demand, as Additional Rent, for the cost to City of performing such improvements or repairs.
6.C.b
Packet Pg. 151 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 4 7.2 CITY IMPROVEMENT OBLIGATIONS
City shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's entering into this Lease.
7.3 TENANT IMPROVEMENT OBLIGATIONS
Under this Lease, Tenant shall make improvements to the Preschool Outdoor Play Area and Garden Area required for state licensing, and any subsequent tenant improvements, both indoors and outdoors, required for future state licensing. All such improvements must be approved in writing by the City.
7.4 AS-IS CONDITION
Except as noted in 7.2, Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all the requirements of this Lease. City makes no representations regarding the condition, status, compliance with laws, or suitability for a particular purpose for Tenant's use.
8. OWNERSHIP OF TENANT IMPROVEMENTS
At the expiration or termination of the Lease, all fixtures and physical repairs or improvements to the building and grounds shall become City’s property free of all claims to or against them by Tenant or any third person.
All personal property such as chairs, tables and equipment provided by Tenant shall remain the property of Tenant. At the normal expiration or termination of the Lease term, provided Tenant is not in default, Tenant shall have the right to remove all personal property.
9. WORKS OF REPAIR AND IMPROVEMENT
9.1 PROTECTION OF CITY AGAINST COST OR CLAIM
Tenant shall pay or cause to be paid the total cost and expense of all works improvements and repairs, as the phrase is defined in the mechanic’s lien law in effect at the place of construction when the work begins. No such payment shall be construed as rent. The City shall be notified, at least 7 days prior to the date of construction so that the City can post a proper Notice of Non-Responsibility.
9.2 NOTICE OF NON-RESPONSIBILITY
Tenant shall not suffer or permit to be enforced against the Premises or any part of it any mechanic’s, materialman’s, contractor’s, or subcontractor’s lien arising from any work or improvement, however it may arise. However, Tenant may in good faith and at Tenant’s own expense contest the validity of any such asserted lien, claim, or demand, provided Tenant has furnished the bond required in California Civil Code Section 3143.
6.C.b
Packet Pg. 152 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 5 9.3 DEFENSE AND INDEMNITY
Tenant shall defend, indemnify and hold the City of Healdsburg, its officers, officials, employees, volunteers, and agents harmless against all liability and loss of any type arising out of work performed on the Premises by Tenant, or a Tenant’s request, together with reasonable attorney’s fees and all costs and expenses incurred by City in negotiating, settling, defending, or otherwise protecting against such claims.
9.4 RESTRICTIONS ON TENANT’S REPAIRS AND IMPROVEMENTS
Any remodeling or construction work by Tenant on the Premises shall be first subject to written approval by City and will require appropriate City of Healdsburg building permits. Tenant shall submit plans and specifications for improvements to the City. Any such work shall be done and performed in the lawful manner and in conformity with all applicable laws, ordinances, codes and regulations.
Tenant shall keep the Premises free from any and all liens and charges on account of labor and materials used in contributing to any improvement installed by Tenant upon the Premises, and Tenant shall hold harmless the City for any such liens and charges. No consent given by City to Tenant however shall be construed to make City a “participating owner: and therefore ineligible for the protection offered under Civil Code Section 3094 and 3129 (Notices of Non-responsibility).
9.5 NOTICES OF COMPLETION
On completion of any work improvement, Tenant shall file or cause to be filed a notice of completion. Tenant hereby appoints City as Tenant’s attorney in fact to file the notice of completion on Tenant’s failure to do so after the work of improvement has been substantially completed.
10. NO SUBORDINATION
City shall not subordinate title to the Premises to any security transaction. The Premises are now and shall remain free and clear of any liens, encumbrances, or other Tenant obligations to third persons.
11. COMPLIANCE WITH RULES, REGULATIONS, AND LAWS
In the use and occupancy of the Premises and in the conduct of all business, activities and transactions thereon, Tenant will comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules, regulations, and orders of the County of Sonoma, City or any governmental subdivision, body, or authority, including all federal, state, and municipal laws and ordinances, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws").
Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than City or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used by in connection with provision of the Library Services and are kept and
6.C.b
Packet Pg. 153 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 6 used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than City or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold City harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or byproducts, (iii) asbestos and (iv) polychlorinated biphenyls.
12. MAINTENANCE AND REPAIRS OF PREMISES
12.1 CITY MAINTENANCE
City’s repair and maintenance responsibilities shall generally include the following (collectively, "City Maintenance Responsibilities"):
(i) Effect the cleaning, painting, maintenance and repair of the building exterior and the Premises, including with limitation, lighting and landscaping. (ii) Effect the maintenance and repair of the building mechanical, electrical, lighting, HVAC and plumbing equipment and systems and the building structural components including the roof, foundation, floors, walls, doors, and locks. (iii) Effect the maintenance of all public and common areas of the building and the Premises including parking lots, walkways, driveways, fences, utility systems, fire sprinklers, corridors, restrooms, and windows.
(iv) Effect the maintenance and repair of the Preschool Room kitchen appliances.
12.2 TENANT MAINTENANCE
Tenant’s repair and maintenance responsibilities shall generally include the following (collectively, "Tenant Maintenance Responsibilities"):
(i) Maintain the Premises in neat and sanitary order, repair, and condition. (ii) Janitorial services required to maintain the Preschool Rooms in a neat, orderly, and sanitary condition, including but not limited to sweeping, mopping, vacuuming, trash, recycling and composting removal, dusting, and disinfecting as required for the Preschool Program.
(iii) Interior and exterior window washing of the Preschool Rooms.
6.C.b
Packet Pg. 154 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 7 (iv) Cleaning and disinfecting Preschool Rooms restrooms, kitchenettes, and appliances.
(v) Upkeep of the Outdoor Preschool Play Area including but not limited sweeping, blowing, and debris removal.
(vi) Upkeep of the Premises Garden Area required for the Preschool Program and City activities including but not limited planting, weeding, raking, soil remediation and replacement, and harvesting.
12.3 FIXTURES AND EQUIPMENT
Tenant at its own expense shall provide and maintain all fixtures and equipment reasonably required to enable to conduct the Preschool Program in the Premises in a customary manner. Tenant shall keep all fixtures and equipment clean and in good repair. City may inspect the Premises annually to ensure good maintenance practices and review the current condition of the Premises pursuant to Section 27.
Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by City, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and to and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value.
12.4 SIGNAGE
Tenant shall obtain the prior approval of the City, which approval may be withheld in City’s reasonable discretion, before placing any sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the building or upon any other part of the Premises, including building directories. Any signs or symbols which have been placed without City's approval may be removed by City. Upon expiration or termination of this Lease, all signs installed by Tenant shall be removed and any damage resulting therefrom shall be promptly repaired by Tenant, or such removal and repair may be done by City and the cost charged to Tenant as Rent.
13. HOLDING OVER
If Tenant shall hold possession of the Premises after the term of this Lease between City and Tenant; Tenant shall become a Tenant from year to year upon the terms and conditions specified herein, except at the option of City and after notice, if Tenant shall hold over without the consent of City, rent may be increased from the one dollar per year base rent to fair market rent or as amended and agreed between City and Tenant, and shall continue to be such until the tenancy shall be terminated by City on thirty (30) days’ notice or until Tenant shall have given at least (30) days’ notice of Tenant’s intention to terminate the tenancy. The events scheduled beyond the term of this lease shall be negotiated between the tenant and the City. During the hold over term use of the facilities for the scheduled events will be honored by the City, provided that the premises are in
6.C.b
Packet Pg. 155 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 8 such condition to house/host such events and providing Tenant pays any applicable increase rent if required by City.
14. ABANDONMENT
Tenant shall not vacate or abandon the Premises at any time during the term thereof; if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned and at the option of City shall become City’s property free from all claims of Tenant.
15. ASSIGNMENTS AND SUBLETTING
Tenant represents and agrees that it shall not assign this Lease, or any interest therein, and shall not lease or sublet the Premises, or any part thereof, or any privilege appurtenant thereto, without the prior written consent of City first. A consent to one assignment or subletting shall not be construed as a consent to any subsequent assignment or subletting.
16. SIGNS, POSTERS, BUILDINGS
No political or religious signs of any kind may be displayed on the Premises. No advertising signs, posters, or similar devices shall be erected, displayed or maintained in, on, about, or above the Premises or the structure thereon without the prior written approval of the City. Tenant in its operations shall not unreasonably interfere with the property, interests, operations, or activities of the City or of other tenants of the City.
17. TAXES
Tenant will pay all taxes, assessments and license levied, imposed or required by a governmental subdivision, body, or authority on or in respect to its use and occupation of the Premises, including but not limited to:
17.1 PERSONAL PROPERTY TAXES
Any improvements or property placed on the Premises by Tenant or any person with its permission; and
17.2 POSSESSORY USE TAX
Pursuant to section 107.6(a) of the State Revenue and Taxation code the City hereby gives notice that the property interests to Tenant under this Lease may be subject to property taxation as a possessory interest and the Tenant acknowledges that it shall be subject to payment of property tax if a possessory interest tax is levied on the property interest.
18. WAIVER OF DAMAGES AND INDEMNIFICATION
City shall not be liable to tenant for any injury or damage that may result to any person or property by or from any cause whatsoever, including results from acts of negligence on the part of The City of Healdsburg, its officers, officials, employees, volunteers, and agents. Said waiver is expressly extended to injury or damage caused by fire, water leakage of any character from the roof(s), wall(s), basement, or any other part of the property, or caused by gas, oil, electricity, or any other cause in or about the Premises or the building(s).
Tenant shall hold harmless from, and defend the City of Healdsburg, its officers, officials, employees, volunteers, and agents against, any and all claims or liability for any death or injury to
6.C.b
Packet Pg. 156 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 9 any person or damage to any property, whatsoever, occurring in, on or about the Premises or any part thereof, or occurring in, on about any other areas of facilities of the building, including without limiting the foregoing, walkway(s), driveway(s), parking area(s), stairways, or passageways if such death, injury or damage shall be caused in part or in whole, directly or indirectly, by the act, negligence or fault of, or omission of any duty, with respect to the City, or by Tenant, its agents, servants, employees, or invitees. This section 17 shall survive the termination of this Lease.
19. INSURANCE
All policies required to be maintained by Tenant pursuant to the terms of this Lease shall be issued by companies authorized to do business in the State of California with a financial rating of at least A plus three A status as rated in the most recent edition of Best Insurance Reports. Tenant shall pay premiums therefore and shall deliver annually to City Endorsements naming the City of Healdsburg, its officers, officials, employees, volunteers, and agents as additional loss payee as to the fire and property damage and additional insured as to the liability policy. If Tenant fails or refuses to procure or maintain the insurance coverage required hereunder, or fails or refuses to furnish City with proof that coverage has been procured and is in full force and paid for, City shall have the right, at City’s election and without notice to Tenant, but without any obligation to do so, to procure and maintain such coverage. Tenant shall reimburse City on demand for any premiums City so pays in connection with such procurement. Failure to so reimburse City within thirty days of request shall be just cause for City to terminate this Lease.
19.1 FIRE AND PROPERTY DAMAGE INSURANCE POLICY
Tenant shall procure and keep in force a fire and extended coverage insurance upon all structural improvements (buildings) owned by City on the Premises in an amount of eighty (80%) percent of the replacement value thereof with City named as beneficiary thereof.
Tenant shall be responsible for any and all fire insurance coverage for personal contents.
19.2 COMMERCIAL GENERAL LIABILITY INSURANCE
During the rental term, Tenant, at Tenant’s sole expense, shall secure and maintain in force such policies of insurance as will protect it and City from claims for damages or injury resulting from bodily injury, including death, and for the loss or damage to property of other which may arise from operations of this Lease.
Such insurance shall contain statements that:
• These policies shall also apply to City, as an additional named insured by way of endorsement to the policy, not a certificate of insurance; • The insurance afforded by these policies applies severally as to each insured, except that the inclusion of more than one insured shall not operate to increase the limit of the company’s liability, and the inclusion hereunder of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included; • The insurance shall be primary insurance over any other insurance carried by City, which other insurance shall be considered excess only;
6.C.b
Packet Pg. 157 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 10 • The above policies specifically include contractual indemnity coverage indemnifying City;
• The policies shall provide that they may not be canceled, nor the coverage reduced until thirty (30) days after a written notice of such cancellation or reduction in coverage is delivered to City at the address contained herein; • The policies of insurance shall specifically say that the insurance companies waive any and all right of subrogation against City.
• Such liability insurance shall be written with limits of at least Two Million ($2,000,000) Dollars combined single limits and shall be written by companies acceptable to City.
• The limit of liability insurance coverage may be unilaterally adjusted up or down at City’s reasonable discretion commensurate with inflation and other liability factors upon adoption of resolution of the City Council of the City. • Endorsements evidencing the above obligations shall be delivered to the City Clerk on execution of the Lease Agreement.
20. DESTRUCTION OF PREMISES
In the event the structure on the premises is destroyed to the extent of fifty (50%) or more of the replacement cost thereof, the City may elect to terminate this lease. A total destruction of the structure on the premises shall terminate this lease.
21. BREACH
After service of ten (10) days written notice thereof by City on Tenant any one of the following shall constitute a breach of this Lease by Tenant:
• The appointment of a Receiver to take possession of all or substantially all of the assets of Tenant; or
• A general assignment by Tenant for the benefit of creditors; or • Any action taken or suffered by Tenant under any insolvency or bankruptcy; or • A default in the payment of the rent herein reserved or any part thereof, for a period of twenty (20) days; or
• A default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of twenty (20) days; or • At the option of City, failure to satisfy any condition set forth in this lease.
22. LITIGATION EXPENSES
If either party shall bring an action against the other by reason of the breach of any covenant, warranty, or condition hereof, or otherwise arising out of this Lease, whether for declaratory or other relief, the prevailing party in such suit shall be entitled to its costs of suit and reasonable attorney fees, which shall be payable whether or not such action is prosecuted to judgment. “Prevailing Party” within the meaning of this paragraph shall include without limitation a party who brings an action against the other after the other’s breach of default, if such action is dismissed upon other’s breach or default, if such action is dismissed upon the other’s payment of the sums allegedly due or performance of the covenant’s allegedly breached, or if the plaintiff obtains substantially the relief sought by it in the action.
6.C.b
Packet Pg. 158 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 11 23. SURRENDER OF PREMISES
Tenant agrees to surrender the Premises at the expiration or termination of the tenancy herein created in the same condition as the Premises were in at the beginning of the tenancy, reasonable use and wear thereof and damage by act of God or the elements excepted. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and shall, at the option of City, terminate all or any existing subleases or sub-tenancies, or may, at the option of City, operate as an assignment to City of any or all such subleases or sub-tenancies.
24. DISCRIMINATION
Tenant shall not nor shall it allow its permitted users to discriminate in the use or occupancy of the premises based on age, race, sex, ethnicity or religion or any other state or federally protected class of persons.
25. WAIVER
Any waiver, expressed or implied, by either party of any breach by the other party of any agreement, term or condition of this Lease shall not be, or be construed to be, a waiver of any subsequent breach of a like or other agreement, term of conditions hereof; and the acceptance of rent hereunder shall not be, or be construed to be, a waiver of any breach of any agreement, term or condition of this Lease, except as to the payment of rent so accepted. The rights and remedies of either party under this Lease shall be cumulative and in addition to any and all other rights and remedies which either party as or may have.
26. QUIET ENJOYMENT
City covenants and warrants that upon Tenant’s paying the rent and observing and performing all of the terms, covenants, and conditions on Tenant’s part to be observed and performed hereunder, Tenant shall and may peaceably and quietly enjoy the Premises hereby demised, subject nevertheless to the terms and conditions of this Lease. Tenant shall not suffer or commit any waste or nuisance on the Premises.
27. NOTICES
All notices, consents, waivers, or other communications which this Lease requires or permits either party to give to the other shall be in writing and shall be served personally and forwarded by registered or certified mail, return receipt requested, made upon or addressed to the respective parties or such other address as may be contained in a notice from either party to the other given pursuant to this paragraph, as follows:
City of Healdsburg YWCA Sonoma County
City Manager’s Office Chief Executive Officer
401 Grove St P.O. Box 3506
Healdsburg, CA 95448 Santa Rosa, CA 95402
28. RIGHT OF CITY TO ENTER PREMISES
A. City shall have the right to enter upon the Premises at all reasonable times during the term of this Lease for any of the following purposes:
1. To inspect the Premises;
6.C.b
Packet Pg. 159 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 12 2. To determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease;
3. To do any necessary maintenance or perform any auditing, testing or sampling and to make any restoration to the Premises that City has the right or obligation to perform;
4. To serve, post, or keep posted any notices required or allowed under the provisions of this Lease;
B. City shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of City's entry on the Premises as provided in this paragraph, except for property damage resulting from the negligent acts or omissions of City or its authorized representatives. Tenant shall not be entitled to an abatement or reduction of rent if City exercises any rights reserved in this paragraph. City shall conduct City’s activities on the Premises pursuant to this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to Tenant.
29. PROPRIETARY AND GOVERNMENTAL ROLES; ACTIONS BY CITY Except where clearly and expressly provided otherwise in this Lease, the capacity of the City in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”). When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Tenant understands that the City may grant or deny such request in its sole discretion and may impose such terms and conditions as it deems consistent with that discretion and applicable law.
30. GENERAL PROVISIONS
• All the provisions of this Lease shall be deemed and construed to be “covenants” as though the words imported such covenants were used in each separate paragraph hereof, except when expressed as conditions.
• This Lease shall be construed and enforced in accordance with the laws of the State of California.
• This Lease and the covenants and agreements herein contained shall bind and insure to the benefit of the parties hereof, their heirs, successors, executors, administrators, and when permitted assigns.
• Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval.
• Tenant shall deliver to City on execution of this Lease, that party shall not unreasonably withhold such consent or approval.
6.C.b
Packet Pg. 160 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 13 • Tenant shall deliver to City on execution of this Lease, a certified copy of a resolution of its governing body authorizing the execution of this Lease and naming the officers that are authorized to execute this lease on behalf of the corporation. • This Lease contains all the agreements of the parties and cannot be amended or modified except by a written agreement.
• There are two Exhibits to this Lease: A, B
31. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written.
CITY
City of Healdsburg, a municipal corporation
By:
Jeff Kay, City Manager
TENANT
YWCA Sonoma County, a non-profit
corporation
By:
Madeleine Keegan O’Connell, Chief
Executive Officer
ATTEST
Raina Allan, City Clerk _____________, _____________
APPROVED AS TO FORM:
Samantha Zutler, City Attorney
APPROVED AS TO FORM:
Counsel to __________________
6.C.b
Packet Pg. 161 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 14 EXHIBIT “A”
PREMISES
The Premises for this lease include the area outlined in red below, located at 1557 Healdsburg Avenue, Healdsburg, California 95448.
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Packet Pg. 162 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 17 CD
Q
IJ
A
(E) FIRE ROAD(E) 6" FIRE LOOP
(E) 6" FIRE LOOP
(E) 6"FIRELOOP
PROPERTY LINE
Scale 1" = 20'-0"
CITY OF
HEALDSBURG
HEALDSBURG
COMMUNITY
CENTER
1557 Healdsburg Avenue
Healdsburg, CA 95448
PREMISES PLAN
C-1 1" = 20'-0"
1 SITE PLAN - FIRE SPRINKLERADDITION
6.C.b
Packet Pg. 163
Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) 15 EXHIBIT “B”
PRESCHOOL PROGRAM
6.C.b
Packet Pg. 164 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 1 Provider Information
• Name of Program:
YWCA Sonoma County Child Care Center and Preschool, Healdsburg • Name and Credentials of Program Director:
For the inception and development of this program, YWCA has engaged the professional services of Jynx Lopez, Owner and Director of STARS (Students Together Achieving Real Success) Preschools located throughout West County. Ms. Lopez holds a B.S. in Organizational Behavior from the University of San Francisco and an M.A. in Early Childhood Education from Sonoma State University (SSU). She has served on SSU’s School of Education staff as a Professor of Child Development for 5 years, and is also a Lecturer for Santa Rosa Junior College’s Child Development Center. Ms. Lopez has worked in the field of Child Development for over 32 years, during which time she has opened five preschools and one infant/toddler child care center; four of these facilities are located on school campuses. Ms. Lopez is well-versed on the process of bringing a program of this nature to fruition. • Years of experience in preschool program delivery:
46 years
• Methodology or philosophy of the program provider:
In addition to being Sonoma County’s solely dedicated provider of domestic violence resources and advocacy, YWCA Sonoma County has operated the County’s only therapeutic preschool, A Special Place (ASP) Santa Rosa, since 1978. We serve families of children ages 3-5 who have experienced trauma including violence, abuse, neglect, and/or homelessness. Bolstered by the award of a funding contract from the California Department of Education to operate in the 95448 zip code, YWCA seeks to expand our high-quality child care services to the City of Healdsburg. Specifically, we welcome the opportunity to implement a year-round infant/toddler and preschool child care program at the Healdsburg Community Center site.
At YWCA Sonoma County, we believe young children learn, practice, and test their behaviors during play.
The skills necessary for social-emotional competence and self-regulation are gained through this process.
Therefore, we provide individualized, child-centered, relationship-based and family-focused services that are delivered within a stimulating early learning environment. YWCA will deliver high-quality early childhood education through 1) the hiring of highly qualified bilingual English/Spanish and multilingual staff, and 2) the implementation of child-focused programming proven to prepare children for the demands of kindergarten by helping them develop to their highest potential.
YWCA’s child care center staff will focus on early identification of areas where children in our care may require additional support, including physical or learning disabilities; visual or hearing impairments; developmental delays including speech/language and social-emotional awareness; and kindergarten readiness standards as identified by the California Department of Education.
Our environment will combine music, read-aloud time, arts & crafts, and other child-centered activities with positive approaches to common problems children experience. This child-centered methodology helps ourstudents build resilience and develop appropriate communication skillsso that they willsucceed in kindergarten and beyond.
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Packet Pg. 165 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 2 To ensure our early learning environment supports multilingual and/or multicultural children, we hire bilingual (English/Spanish) and multilingual teachers whenever possible to support the needs of our diverse students. The majority of children (72%) enrolled at our existing preschool in Santa Rosa identify as Hispanic/Latino. Based on the demographics of Healdsburg, we are prepared to serve multilingual/multicultural familiesthrough our Healdsburg child care center. We also prioritize serving the “missing middle” of Healdsburg, meaning that working families who make 100% to 161% of the Area Median Income will be able to enroll their children in our child care program. Our program will offer both subsidized and private pay options, enabling usto serve families whose annual income rangesfrom middle income to the Federal Poverty Level.
To promote long-term family stability and wellbeing, YWCA Sonoma County assists families with issues that place additional stress on them such as housing needs, basic needs including food resources, health and benefits needs, etc. In Healdsburg we will likewise connect families to community resources to help create stable, supportive, and nurturing home environments for the children in our care.
Our child care methodology ensures high-quality care for children enrolled in our child care center and preschool program, and consists of the following:
- A full day program (with an option for half day) that serves working families in Healdsburg by providing high-quality, year-round child care for children age 0-5 years with partial week options available. - Age-appropriate curriculum that promotes social-emotional development through secure attachments as well as responsiveness to verbal and non-verbal cues, allowing children to explore emotions in a nurturing, developmentally-appropriate environment.
- A kindergarten readiness-focused learning environment that is aligned with California's Infant/Toddler and Preschool Learning Foundations and Curriculum Framework. Specifically, curriculum will focus on language development, self & social development, self-regulation, language and literacy development, and mathematical development—all of which have been identified by the California Department of Education as benchmarks to kindergarten readiness.
- A culturally-sensitive, responsive, individualized curriculum that supports children’s social-emotional, cognitive, language, and perceptual/motor development, preparing them for the rigors of kindergarten. - Warm, nurturing, responsive caregiver-child interactions that develop positive relationships, attachment and build trust. Relationship-based processes will foster a sense of belonging, and promote exploration, language development and problem solving while also helping us build strong relationships with the families.
- A welcoming environment that offers safe spaces for quiet and active play, sleep, nutrition, toileting, and interaction. Toys and activities will be chosen based on children's individual interests, capabilities, and needs.
- An inclusive environment staffed by bilingual/multilingual staff who respect and welcome all languages, cultures, and traditions. We will ensure that equal access and opportunities are given to all children, including those with disabilities. We will make individualized accommodations to ensure all children can fully participate in activities.
6.C.b
Packet Pg. 166 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 3 - Nutrition, health, and safety practices that meet or exceed Community Care Licensing and State requirements.
• Name and credentials of License Holder (if different): N/A • Years of licensure: 43
• Description of licensure complaints and/or citations (if any): N/A • Current locations(if any):
YWCA Preschool – Guerneville
14630 Armstrong Woods Road Guerneville, CA 95446
YWCA Childcare Center & Preschool – Monte Rio
20700 Foothill Drive Monte Rio, CA 95462
YWCA Preschool – Sebastopol
466 Johnson Street Sebastopol, CA 95472
YWCA Preschool – Petaluma/Two Rock
5001 Springhill Road Petaluma, CA 94952
YWCA Preschool – Forestville
6321 Hwy 116 Forestville, CA 95436
YWCA Preschool - Santa Rosa
1128 Edwards Ave. Santa Rosa, CA 95401
• Number of staff/personnel and positions
YWCA’s proposal for childcare services is two-fold.
Room One: an infant/toddler care center which we envision to be located on one of the two classrooms available at the Healdsburg Community Center. The funding contract YWCA has been awarded by The Department of Education is for 12 infant/toddler children (6 infants 0-18 months, 6 toddlers 18-36 months) with a teacher to child ratio in accordance with Title 5 requirements of 1:4. We plan to operate a safe, nurturing and stimulating environment with individualized care and interactions which are essential for social emotional development. Given approval from the Department of Social Services Child Care Licensing, YWCA is open to additional enrollment.
YWCA’s Licensing application submitted is for 24 children ages 0 – 2 Room Two: Additionally, YWCA would operate a preschool with a potential enrollment of 24 students (ages 3-5 years) with a teacher to child ratio in accordance with Title 5 requirements of 1:8. We plan to run small-group programming to ensure supportive, nurturing and stimulating peer and teacher/child interactions, which are essential for children to gain social-emotional competence in order to become
6.C.b
Packet Pg. 167 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 4 kindergarten ready. Given approval from the Department of Social Services Child Care Licensing, YWCA is open to additional enrollment.
Revised –YWCA ‘s Licensing application submitted for 32 children ages 2-5 These tandem programs would be managed by YWCA’s Director of Child Care Services and staffed with the following positions: Bilingual/Multilingual preferred - Site Supervisor(s), Teachers and Assistant Teachers.
Proposed Program Framework
• Methodology or philosophy of the program, including kindergarten readiness Using YWCA’s existing model, we believe that a high- quality early learning program starts with caring and highly qualified bilingual/multilingual staff. YWCA Sonoma County only hires teachers and staff that meet and/or exceed the requirements of the State of California Early Learning and Care Division (ELCD) programs. Our teachers and administrators are highly trained and meet the Early Childhood Education (ECE) performance expectations. All members of our preschool team are First Aid and CPR certified and have passed both State and Federal criminal background checks.
We will perform regular assessments of each child’s progress. Using the Desired Results Developmental Profile (DRDP) assessment as well as the Ages & Stages Questionnaire (ASQ), we are able to assess and monitor children's individual goals and progress on a regular basis. We also use assessments to improve the quality of our program. A Special Place participates in the California Department of Education’s “Quality Counts California” Quality Rating and Improvement System (QRIS) which is a systemic approach to assess, improve, and communicate the level of quality in early and school-age care and education programs. YWCA welcomes the chance to ensure a high-quality program and continuous improvement, and is proud of our QRIS ranking of 4 out of potential of 5.
YWCA’s child care services are aligned with “Strengthening Families Approach – Five Protective Factors.” Our staff and faculty work in partnership with the families and focus on recognizing strengths as well as improvement areas, which leads to the development of an attainable plan forsuccess. Thanks to the wide array of services YWCA Sonoma County provides, our clients are able to build their five protective factors and provide a more stable, nurturing environment for their children. • Enrollment projections, including maximum and minimum numbers for the program to run YWCA’s proposal for child care services is two-fold.
Part One: an infant/toddler care center which we envision to be located in one of the two classrooms available at the Healdsburg Community Center. The funding contract YWCA has been awarded by The Department of Education is for 12 infant/toddler children (6 infants 0-18 months, 6 toddlers 18-36 months) with a teacher to child ratio in accordance with Title 5 requirements of 1:4. The maximum enrollment would be based on approval from the Department of Social Services Child Care Licensing; YWCA is open to additional enrollment. Our minimum enrollment projections are 4 infants to 1 teacher and 4 toddlers to 1 teacher. Through collaboration with Corazón and community outreach, we anticipate those numbers to grow quickly, likely up to our licensing capacity which would be our maximum. We are able to pre-enroll families prior to our opening date, which will assist us in our projections.
6.C.b
Packet Pg. 168 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 5 Part Two: Additionally, YWCA would operate a preschool with a potential enrollment of 8 students (ages 3-5 years) with a teacher to child ratio in accordance with Title 5 requirements of 1:8. The maximum enrollment would be based on approval from the Department of Social Services Child Care Licensing; YWCA is open to additional enrollment. Our minimum enrollment projection is 8 preschoolers to 1 teacher. Again, through collaboration with Corazón and community outreach, we anticipate those numbers to grow quickly, likely up to our licensing capacity which would be our maximum. We are able to pre-enroll families prior to our opening date, which will assist us in our projections • Proposed fee structure
Program fees will be set by the YWCA based on program costs. The funding contract YWCA has been awarded by The Department of Education is for 12 infant/toddler children for families whose annual household income falls below the Federal Poverty Level income requirements would be afforded as subsidized care.
• Registration options, including partial day and partial week options YWCA Sonoma County Child Care Center and Preschool, Healdsburg will be open Monday through Friday between the hours of 7:30 AM to 5:30 PM. Our hours of operation resemble a standard school day providing child care coverage for eligible families. Parents may enroll their children for full days (7:30AM5:30PM) or half days (9AM-12PM).
These two options will meet the needs of families that work either full-time or part-time, overnight or non-traditional hours. It will also provide support for parents who are attending school, looking for employment or housing, juggle work schedules and possible co-parenting with their child’s second household of care. Our child care program will serve the “missing middle” of Healdsburg, meaning that working families who make 100% to 161% of the Area Median Income will be able to enroll their children in our child care program. Families may opt for full day, half day or partial week scheduling.
YWCA Sonoma County Child Care Center and Preschool, Healdsburg location will be in operation full time, year round for 244 days. Eligible families will not need to search for care options during summer months, which will prevent financial, educational, mental and physical declines while increasing job stability and advancement.
Additional Information:
-Partial State subsidized is prioritized by zip code for work or live in 95448, income limits set by state -Infant, toddler has maximum subsidized spots, private pay up to licensed capacity -Preschool has maximum subsidized spots, private pay up to licensed capacity -Priority registration for Healdsburg work/live
• Promotion and outreach
Partnering with the City of Healdsburg and Corazón Healdsburg, YWCA Sonoma County will design marketing materials to announce the availability of the YWCA Sonoma County Child Care Center and Preschool, Healdsburg, optimizing the City’s and Corazón’s current delivery channels to Healdsburg residents. YWCA’s existing preschool receives referrals from the County's Family Youth and Children Division, SonomaWorks, 4 C’s as well as other social service agencies such as Early Learning Institute and Kidsmatter. Additionally, YWCA’s promotion of the center may include print advertising, radio interviews, social media and Constant Contact messaging to our local constituency.
6.C.b
Packet Pg. 169 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 6 • Administrative structure, including quality monitoring and control Under the umbrella of YWCA Sonoma County, which currently operates six child care centers, the Healdsburg site will be supervised by YWCA’s administrative team in the following ways:
-Our Chief Executive Officer, Madeleine Keegan O’Connell, will oversee the management of staffing and program administration of YWCA Sonoma County Child Care Center and Preschool, Healdsburg -Our Chief Financial Officer, Julie Lafranchi, will be responsible for the fiscal management of this collaborative partnership, as well as start-up procedures and all fiscal elements regarding the new preschool. Additionally, Ms. Lafranchi will oversee the services necessary for daily cleaning of the classrooms as well as manage insurance and indemnification of the City. -Our Database Administrator will ensure data integrity including timely data entry in the county’s database, Efforts to Outcomes (ETO), as well as state-required reporting. -Our Volunteer Coordinator will manage and assign volunteer roles within the center as needed.
All staff at Sonoma County Child Care Center and Preschool, Healdsburg will be actively observed and supervised. They will regularly receive mentoring and feedback to improve their skills and reach their full potential. They will be provided with weekly training opportunities at staff meetings, where they will discuss how the previous week went and what improvements can be made. They will work collaboratively and find ways to address the issues and training needs of each other. This builds openness, trust, mutual respect and sense of responsibility amongst team members. Additionally, there will be 2-3 days per year designated as staff development days. On these days, the center will be closed and no childcare will be available. Teachers will participate in all day trainings to advance their knowledge and skills to ensure a high-quality childcare program. The topics of these training will be based on the Program Director's observations, staff interests, and challenging experiences they had at the center. Moreover, staff will attend trainings such as Desired Results Developmental Profile (DRDP) assessment tool trainings, as well as trainings that focus on infant/toddler development. All staff with teaching permits are required to complete 105 contact hours of continuing education during their 5-year renewal period.
YWCA Sonoma County Child Care Center and Preschool, Healdsburg Our will use daily sign-in/ sign out sheets as well as Sonoma County’s Efforts to Outcomes (ETO) database to track children attendance.
These physical and electronic documents serve as a control for each other. Daily sign-in/sign-out sheets are used as the source document for audit and reimbursement purposes. Daily sign-in/sign-out sheets consist of fields for child's name, arrival time, arrival signature by an authorized adult/parent, departure time and departure signature by an authorized adult/parent. YWCA maintains reports contain days of enrollment for all children, days of attendance for all children, total days of operation, revenues and expenses of subsidized and non-subsidized children, amount and sources of all revenues, total expenses for the program operation for the reporting period as well as year-to-date expenses. • Staffing and credentials
YWCA Sonoma County hiresstaff that meet or exceed the requirements ofthe State of California for Statefunded child development programs. The Bilingual-preferred staff have a combination of Early Childhood
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Packet Pg. 170 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) October 2021
Revised July 2023
YWCA Sonoma County
Proposal: City of Healdsburg – Preschool Program Provider 7 Education college courses, child development permits and/or degrees, as well as related work experience in childcare settings. All staff have completed First Aid & CPR training, and are required to complete 21 hours of continuing education every year. All staff have been fingerprinted and cleared through the Department of Justice and Federal Bureau of Investigation criminal background check.
For the planned and unplanned absences of teachers, A Special Place administrative team will schedule substitute teachers to be present. If substitutes are not available, the Site Supervisor and/or the center director will go in ratio and run high quality activities. • Preferred program launch date and anticipated time from award of contract to program launch Our anticipated program launch date isrevised September 2023. This date istentative and dependsin part on any facility improvements deemed necessary by the City of Healdsburg and/or state licensing requirements.
Facility Needs/Input
• Proposed facility improvements needed and funding mechanisms(if any) When designing the environment to best meet the needs of our population, we take into consideration the physical factors such as design and the layout of the rooms as well as materials and furnishings. Included in the budget of our infant/toddler center contract with the California Department of Education are “startup costs” associated with creating a suitable environment. In order to ensure a high quality learning environment, YWCA Sonoma County utilizes the Early Childhood Environment Rating Scale (ECERS-R) annually at our existing preschool in Santa Rosa.
Room One: The infant/toddler care center would be established in one of the two classrooms and would require a refrigerator, filtered hot and cold water dispenser, and a microwave to accommodate the needs of those in our care. New flooring, paint and other cosmetic improvements are also proposed to refresh the space.
Room Two: The preschool would be established in one of the two classrooms and would require a refrigerator, filtered hot and cold water dispenser, a microwave and a hot air convection oven to accommodate the needs of those in our care. New flooring, paint and other cosmetic improvements are also proposed to refresh the space.
Outdoor space/Educational Garden Area: YWCA envisions a friendly, safe outdoor space where children can exercise and play. The ideal setting would include Poured in Place Rubber as a longlasting, durable and safe playground surface as well as synthetic turf. Other items would include but not be limited to: age-appropriate climbing structure, sand box, raised beds with a watering system for gardening, permanent overhead shade structures where appropriate, as well as drinking fountains and hand-washing stations. YWCA is willing to partner on fundraising for this area as necessary. • Additional space needs anticipated in addition to preschool rooms (e.g. administrative, break rooms, storage, etc.)
Looking ahead, YWCA staff would need access to adult restrooms and a space to have lunch/breaks.
6.C.b
Packet Pg. 171 Attachment: Exhibit A: YWCA Sonoma County Preschool Lease (4152 : YWCA Preschool Lease Agreement) Resolution No.
Exhibit A
Account Number Increase Amount Decrease Amount Description 105-2001-43201-00000 $ 30,000 Re-budget Community Response Grant for Preschool Program Scholarships FY 23-24 Budget Amendment
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Packet Pg. 172 Attachment: Exhibit B: Budget Amendment (4152 : YWCA Preschool Lease Agreement)
REQUESTFORPROPOSALS
CI TY OF HEALDSBURG - PRESCHOOL PROGRA M PROVIDER
The Community Services
Department provides parks
and open spaces, recreation
programs, active adult and
senior services, aquatics
programming, after school
care, arts & culture, and
special events.
The department is funded by
10% of the City's Transient
Occupancy Tax (TOT or Hotel
Tax), as well as fees and
charges.
THE REQUEST
The City of Healdsburg is seeking interest from
preschool program providers to develop and offer a
full-day, licensed preschool program at the
Healdsburg Community Center to serve our
community.
This Request for Proposals (RFP) is intended to
inform potential service providers about this
opportunity and to solicit proposals from interested
providers. The RFP will be used to select a short list
of providers to enter into discussions and
potentially negotiations for providing this service.
PROPOSALS DUE
on or before
October 24, 2021
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Packet Pg. 173 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement)
REQUEST FOR PROPOSALS
The City of Healdsburg owns and operates the Healdsburg Community Center, a former elementary school that the City purchased from Healdsburg Unified School District in 2008. The facility consists of 16 classrooms, a multi-purpose room, a community meeting room, an administration area that serves as the department offices for Community Services, a large outdoor asphalt area with play structure, a natural turf sports field, and support facilities such as a small kitchen and multiple restrooms.
The City leases space to Corazón Healdsburg for their
administration and program delivery functions and to Alliance Medical Center for satellite medical offices.
The Community Center hosts a variety of programs and services throughout the year such as educational classes in collaboration with Santa Rosa Junior College, fitness programs, community and non-profit meetings, and special events. Corazón
Healdsburg provides a variety of Latinx support services at the site including prenatal education, financial literacy, immigration assistance, workforce development and training, college counseling, and more. Outside, the site hosts sports programs and activities, special events, and drive-up services. During emergencies the facility serves as one of Sonoma County’s designated evacuation centers, it has hosted a school lost to the Tubbs Fire, and most recently provided full-day distance learning care for working parents during COVID-19.
BACKGROUND
Rather than develop its own preschool program, the City is interested in contracting with a provider to develop and deliver a year-round preschool program.
While prior experience operating a preschool is helpful, the City would consider a startup operation.
THE PROVIDER
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 174 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement)
REQUEST FOR PROPOSALS
Two of the 16 classrooms are configured to serve preschoolage children with in-room restrooms and sinks and a fenced asphalt play area. The classrooms are approximately 1,200 sq feet (32’ X 38’) including the restroom facilities. Historically, the City has used the preschool rooms to offer a partial-day early childhood education program. This program has been popular with segments of our community who need partialday preschool and want a K-Readiness focus. However, the program’s partial-day component does not maximize use of the space and doesn’t meet the needs of our community’s working families. (The City is anticipating that the partial-day program will continue in another classroom on the site.) The City has conducted a preliminary site visit with State of California’s Community Care Licensing Division. In general, the classroom spaces appear to meet general licensing
requirements with one child-size toilet and bathroom sink per classroom and adjoining outdoor activity and play space. The classrooms may need cosmetic improvements such as flooring replacement and painting, and the outside activity and play area will require installation of a shade structure. The City will work with potential service providers as part of the selection process to evaluate facility improvements and funding options.
PRESCHOOL SPACES
2 dedicated classrooms, 1,200 square foot each with restroom and sinks Asphalt play area
Garden area
Convenient drop-off and pick-up area in front of Community Center entrance Additional facility space including outdoor turf areas, a multi-purpose room, access to a kitchen, other classrooms, and courtyard areas may be available depending on scheduled uses
FACILITY INFORMATION
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 175 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement)
REQUEST FOR PROPOSALS
The City would dedicate the two preschool-age classrooms and the outdoor preschool play area to the full-day preschool program. The garden area would be available as a shared-use component with other programs. Other facility spaces such as the sports turf area and multi-purpose room may be available depending on scheduled uses. NOTE: The Community Center is a designated evacuation and emergency support center during emergencies such as wildfires, floods, etc. See “Other
Considerations” below.
The City’s goal is to have the program serve working families, as well as parents who are currently pursuing education and/or training. Currently, Healdsburg has several preschool options that range from private, market-rate programs to fully
subsidized programs. While the program would be open to all income levels, we believe there is a gap in preschool options for working families (sometimes referred to as the “missing middle”) making 100% to 161% of Area Median Income and we are
targeting this program to meet this need.
The program’s focus should be on high-quality early childhood education, kindergarten readiness, identification and support for early intervention needs (e.g. disabilities, audio or hearing, delayed development, etc.) and social-emotional development.
The selected provider will be required to demonstrate how the program’s structure will meet these expectations.
PROGRAM CONCEPT
To help make the program more affordable for working families, the City would provide the use of the facility space, including utilities and facility maintenance, at no cost to the preschool provider. The preschool provider would be responsible for the program’s operation including securing and maintaining licensing, administration of the program, marketing and promotion, registration, fiscal management, personnel, program monitoring and oversight.
AFFORDABILITY
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 176 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement)
REQUEST FOR PROPOSALS
Year-round, full-day program
Age 2-K; City would consider an infant proposal
Flexible registration options such as full-day, half-day, partial week
Program focus: high-quality early childhood education
with kindergarten readiness
Clientele target: Working families (“Missing Middle”)
making 100% - 161% of Area Median Income, but the
program would be open to all income levels
No facility rental charges; facility rental fee savings would be reflected in lower program registration costs and/or sliding fee scale
Multi-lingual/multi-cultural capabilities desired
Collaboration with local organizations expected
PROGRAM FRAMEWORK
Licensing
Promotion, marketing, registration, and fiscal management Personnel and staffing
Program monitoring, supervision, and oversight
Daily cleaning of facility spaces
Insurance and Indemnification of the City
Full program administration and delivery including:
EXPECTATIONS OF THE PROVIDER
PRESCHOOL PROGRA M PROVIDER
OTHER CONSIDERATIONS
Healdsburg Community Center is a designated emergency
evacuation shelter, which may involve suspending the
preschool program during the duration of the emergency.
Facility improvements will likely be needed prior to
program launch; the City will work with the selected
provider to determine the extent of the facility
improvements and how those would be funded.
Additional space to support the program on-site for
program administration, storage, etc. is limited, but may be possible.
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Packet Pg. 177 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement)
REQUEST FOR PROPOSALS
Register and Join: Enter 891 1015 5110 at
www.zoom.us/join
Register and Join: Enter 886 6155 1966 at
www.zoom.us/join
Register and Join: Enter 871 1609 5914 at
www.zoom.us/join
The City will host three online virtual sessions to present information on this request and answer questions:
Monday, October 4, 12:00 p.m.
Tuesday, October 5, 6:00 p.m.
Wednesday, October 6, 9:00 a.m.
The City will host three site tours (1557 Healdsburg Avenue) with staff. Interested providers must attend one of the online informational sessions to participate in the site tour:
Thursday, October 7, 9:00 a.m.
Thursday, October 7, 6:30 p.m.
Friday, October 8, 2:00 p.m.
If you are unable to participate in these sessions or have questions please email [email protected]
INFORMATIONAL SESSIONS & SITE TOURS
The City desires to enter into a multi-year agreement with the selected provider to ensure continuity and a high-quality program.
Terms of the agreement would be negotiated with the preferred provider.
The provider will be required to demonstrate fiscal sustainability and will be subject to regular financial reporting to the City.
AGREEMENT TERMS
PRESCHOOL PROGRA M PROVIDER
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Packet Pg. 178 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement)
REQUEST FOR PROPOSALS
Name of Program
Name and Credentials of Program Director
Years of experience in preschool program delivery
Methodology or philosophy of the program provider
Name and credentials of License Holder (if different)
Years of licensure
Description of licensure complaints and/or citations (if any) Current locations (if any)
Number of staff/personnel and positions
Methodology or philosophy of the program, including kindergarten readiness Enrollment projections, including maximum and minimum numbers for the program to run Proposed fee structure
Registration options, including partial day and partial week options Promotion and outreach
Administrative structure, including quality monitoring and control Staffing and credentials
Preferred program launch date and anticipated time from award of contract to program launch Proposed facility improvements needed and funding mechanisms (if any) Additional space needs anticipated in addition to preschool rooms (e.g. administrative, break rooms, storage, etc.)
Prepare a proposal that contains the following information (in this order) on or before Sunday, October 24, 2021 and email your proposal in PDF format to [email protected] Provider Information
Proposed Program Framework
Facility Needs/Input
TO SUBMIT A PROPOSAL
The City reserves the right to amend the RFP by issuing additional information prior to the final submittal date. The City also reserves the right to extend the due date, or to cancel this RFP at any time.
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified provider, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so.
AMENDMENTS ANDNON-COMMITMENTS OF THE CITY
PRESCHOOL PROGRA M PROVIDER
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EQUESTFORPROPOSALS
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PRESCHOOLPROGRAMPROVIDER
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EQUESTFORPROPOSALS
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EQUESTFORPROPOSALS
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EQUESTFORPROPOSALS
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EQUESTFORPROPOSALS
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EQUESTFORPROPOSALS
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EQUESTFORPROPOSALS
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EQUESTFORPROPOSALS
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Packet Pg. 189 Attachment: Preschool Program Request for Proposals (4152 : YWCA Preschool Lease Agreement) 131-A Stony Circle • Suite 300 | Santa Rosa, CA 95401 | Office (707) 544-3077 | Fax (707) 544-2625 www.sonoma4Cs.org
COVID-19 Pandemic – Sonoma County
Changes in Child Care Capacity
Available facilities pre-COVID, compared with January 2023* The number of open facilities in
Sonoma County has decreased
by 13% since the shelter in place
began in March 2020.
Facility Type Pre-COVID Current Inactive Permanently closed New Percent Loss Family Child Care 339 298 28 84 71 12%
Centers 288 248 54 27 41 14%
Available Spaces pre-COVID, compared with January 2023* Available child care spaces in Sonoma County
have reduced by 44% overall since March
2020. Many providers have closed their doors
temporarily. The permanent loss will likely take a
long time to be fully realized.
*Data from 4Csand RCCS: Jan 2023
Facility Type
Total spaces (Pre-COVID) - All
Programs (Active and Inactive)
Total currently available spaces -
Active programs only Percent Loss
Family Child Care 3313 2463 26%
Centers 18919 10091 47%
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Packet Pg. 190 Attachment: Childcare Capacity Study (4152 : YWCA Preschool Lease Agreement)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 18, 2023
SUBJECT: Readopt amendment to Healdsburg Municipal Code Limiting the Size and Location of Hotel Uses within the Plaza Retail (PR) and Downtown Commercial (CD) Zoning Districts
PREPARED BY: Scott Duiven, Community Development Director STRATEGIC INITIATIVE(S):
Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Provide Effective Governance
RECOMMENDED ACTION(S):
Adopt an urgency ordinance amending Healdsburg Municipal Code Section 20.08.145 Permitted and Conditionally Permitted Uses: PR, CD, and CS Districts; Section 20.28.020 Alterations and additions to nonconforming uses, structures and signs; Section 20.28.030 Restoration of damaged structure; and Section 20.28.310 Definitions; and establishing a new Section 20.20.090 Hotel, extended stay hotel, motel; to limit the size and location of hotel uses within the Plaza Retail and Downtown Commercial zoning districts.
Introduce, for first reading only, by title only and waiving full reading of the text, an ordinance amending Healdsburg Municipal Code Section 20.08.145 Permitted and Conditionally Permitted Uses: PR, CD, and CS Districts; Section 20.28.020 Alterations and additions to nonconforming uses, structures and signs; Section 20.28.030 Restoration of damaged structure; and Section
20.28.310 Definitions; and establishing a new Section 20.20.090 Hotel, extended stay hotel, motel; to limit the size and location of hotel uses within the Plaza Retail and Downtown Commercial zoning districts.
COMMUNITY ENGAGEMENT/OUTREACH:
In late 2018, the City Council adopted Ordinance No. 1181, which is similar to the ordinances being presented tonight. As part of that process, the Planning Commission and City Council held several noticed meetings regarding Ordinance No. 1181 and hotel development in the downtown area.
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BACKGROUND:
On December 17, 2018, the City Council adopted Ordinance No. 1181, which limited hotel development in the downtown area. It was recently discovered that the ordinance was published late, such that it is arguably invalid. Staff is bringing this urgency ordinance, and back-up regular ordinance, to Council so that, if it wishes, Council may re-adopt the ordinance.
The ordinances include the following changes to the Land Use Code:
Plaza Retail (PR) District
The Plaza Retail district is limited to those parcels facing the Healdsburg Plaza. On these properties, the City encourages ground floor retail uses and other uses compatible with a pedestrian-oriented shopping environment. Currently, the Hotel Healdsburg, with 55 rooms, and the Healdsburg Inn, with 12 rooms, are within this zone. The attached ordinance limits the number of hotel rooms within the Plaza Retail zone to the existing number of rooms (67), as of 2018. This action would prevent or limit new hotels/rooms (which would only be permitted if a current hotel closes) within the PR district, without making hotels a prohibited use within the district.
The amendments to the Land Use Code include changing ‘hotels, extended stay hotels, and motels’ from a permitted use to a conditionally permitted use in the PR district, in Table 10 of Section 20.08.145, and adding a new reference to Section 20.20.090, which contains specific use regulations for hotels within the PR district. Section 20.20.090 includes the following finding, which the Planning Commission would be required to make prior to granting a CUP for a hotel in the PR district:
Conditional Use Permit Findings: PR District
In addition to the findings required by HMC §20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the PR district, the Planning Commission shall make the following finding: The addition of the number of hotel guest rooms or suites proposed by the application, when added to the then currently existing number of hotel guest rooms or suites, shall not exceed 67 hotel guest rooms or suites within the entire PR district.
The ordinance limits hotels within the PR district to the existing number of rooms.
Downtown Commercial (CD) District
The amendments to the Land Use Code include changing ‘hotels, extended stay hotels, and motels’ from a permitted use to a conditionally permitted use in the CD district, in Table 10 of Section 20.08.145, and adding a new reference to Section 20.20.090, which contains specific use regulations for hotels within the CD district. Section 20.20.090 requires that the Planning Commission make the following findings before granting a CUP to a hotel in the CD District:
Conditional Use Permit Findings: CD District
In addition to the findings required by HMC §20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the CD District, the Planning Commission shall make all of the following findings:
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1. The proposed project does not include in excess of five (5) hotel guest rooms or suites. If the proposed project would expand an existing hotel, the total number of hotel guest rooms or suites within the hotel shall not exceed five (5) hotel guest rooms or suites.
2. The addition of the proposed number of hotel guest rooms or suites, when added to the number of existing hotel guest rooms or suites, shall not exceed five (5) total hotel guest rooms or suites per block-face, unless separated by 500 feet or more. For a building that has frontage on two or more streets (i.e., through lot or corner lot), the primary business frontage shall be the narrower street frontage of the corner lot, consistent with the definition of “Lot line, front,” in HMC §20.28.310. In the event that there is no narrower street frontage, the primary business frontage shall be determined by the building address.
3. The proposed hotel rooms are located behind or above retail or lobby space on a primary street frontage.
4. The proposed hotel does not front on a residential zoning district.
5. Parking required by Chapter 20.16 HMC, Article VIII shall be provided on-site.
6. Accessory uses to the hotel such as meeting rooms or guest event spaces shall be subordinate to the hotel use.
7. Residential units shall not be converted into hotel rooms.
The ordinance limits hotels within the CD district to hotels that have no more than 5 rooms, limits the number of hotel rooms per block-face to 5, requires hotel rooms to be located behind or above a retail use or lobby, requires parking to be provided on site, ensures that accessory uses are subordinate to the hotel use, and prevents residential units from being converted into hotel rooms.
Hotels Rendered Nonconforming
Existing hotels that exceed five rooms, or five rooms per block face would be rendered nonconforming by this ordinance, meaning that they could not expand. However, hotels rendered nonconforming would be permitted to rebuild if destroyed. The ordinance amends Sections 20.28.020 and 20.28.030 to provide that a hotel use made nonconforming by this ordinance may be altered or replaced if destroyed, provided that the number of hotel rooms is not increased.
Definition of Hotel
The ordinance also includes amendments to the ‘hotel, extended stay hotel, motel’ and ‘vacation rental home’ definitions found in Section 20.28.310 of the Land Use Code.
Hotel, extended stay hotel, motel. A commercial business with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging (fewer than 30 days). Hotels typically include a variety of services in
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addition to lodging; for example, restaurants, meeting facilities, personal services, etc. May also include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
DISCUSSION/ANALYSIS:
Ordinance No. 1181 sought to limit hotel development and its impacts in downtown Healdsburg.
Recently, questions have arisen regarding the Ordinance’s application to a proposed hotel development. In analyzing the relevant facts to address the first issue, staff discovered that Ordinance No. 1181 was published later than required by the Government Code, potentially rendering the Ordinance invalid.
The proposed ordinances seek to address these two issues: 1) whether Piazza Hospitality Group’s application for a new hotel development was “deemed complete” before the effective date of Ordinance No. 1181; and 2) whether Ordinance No. 1181 is valid, given that it was published 24, rather than 15, days after its passage.
Piazza Project Completeness Issue
The City Council introduced Ordinance No. 1181 on December 3, 2018. The Council passed the Ordinance on December 17, 2018. Section 9 of the Ordinance states that it becomes effective 30 days after adoption, meaning that all applications determined to be complete after January 15, 2019 would be subject to the limitations of the Ordinance.
Piazza Hospitality Group (“Piazza”) submitted an application for a hotel development in downtown Healdsburg (the “Piazza Project”) on January 11, 2019. Piazza’s proposed project is a 16-unit boutique hotel with 2,165 square feet of retail space and a 1,779 square foot restaurant/lobby/lounge on the ground floor. The sixteen units consist of 2 and 3 bedroom suites.
After receiving Piazza’s application, the Planning Department requested additional documents from Piazza. Piazza submitted the requested documents on January 14 and 15. The City issued a letter to Piazza stating that the project had been determined to be complete on January 16, 2019. There is thus an argument that the Piazza Project is subject to the zoning changes adopted in Ordinance No. 1181, despite having submitted all required application materials in advance of the effective date.
This conclusion differs from the approach that has been taken by staff since 2019. Based on staff’s understanding that the Piazza project had been deemed complete by the effective date of Ordinance No. 1181, the Piazza project has been moving through the Design Review process. A Design Review hearing was scheduled for the August 22, 2023 Planning Commission meeting but was continued by staff to allow time to resolve this issue.
Ordinance No. 1181 Publication Issue
Government Code Section 36933(a) states that, within 15 days after its passage, the City Clerk shall cause an ordinance to be published in a newspaper of general circulation. Section 36933(b) states that an ordinance “shall not take effect or be valid unless it is published or posted in substantially the manner and at the time required by this section.”
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The City Council introduced Ordinance No. 1181 on December 3, 2018; the Council passed the Ordinance on December 17, 2018. Due to a staff error, the Ordinance was not published until January 10, 2019 – 24 days after its passage. The Ordinance is thus arguably ineffective.
Until the recent discovery of the publication issue, staff understood the Ordinance to be effective.
It has therefore served its intended purpose in limiting hotel development in the downtown area because City staff has told prospective developers that projects over 5 rooms or otherwise inconsistent with the Ordinance are not permitted.
Urgency Ordinance and Back Up Ordinance
Attached is an urgency ordinance that includes the same substantive provisions as Ordinance No. 1181. Also attached is a regular ordinance, presented for first reading. Substantively, the ordinances are identical and achieve the result the City intended upon adoption of Ordinance No. 1181: the zoning code is amended to limit hotel development in downtown Healdsburg, as described in the Background section of this report.
Procedurally, the urgency ordinance becomes effective upon adoption. Assuming the Council approves the first reading on September 18, and passes the ordinance on October 2, the regular ordinance would become effective on November 1, 2023. The urgency ordinance allows the Council to take action immediately and requires a 4/5 vote; the regular ordinance provides the City an extra layer of protection against challenge and requires a 3/5 vote.
The urgency ordinance will expire when the regular ordinance becomes effective.
Again, these ordinances are substantively identical to Ordinance No. 1181. The staff report from the December 17, 2018 City Council meeting, which gives a detailed summary of Ordinance No. 1181, is attached.
Exemptions
Both ordinances are drafted to adhere as closely as possible to the language of Ordinance No. 1181. This includes the effective date which, found in Section 9, Applicability, reads:
Hotel projects for which an application has already been submitted and deemed complete by the Planning Department as of the effective date of this ordinance shall be exempt from the provisions of this ordinance.
Adopting the urgency ordinance as written, with the above language, will mean that all hotel projects for which an application has been deemed complete – including Piazza – by September 18, 2023 will be exempt from the ordinance. Since the urgency ordinance will become effective immediately, it will preclude additional hotel projects that might otherwise have submitted applications prior to the effective date of the regular ordinance.
The Council could also revise Section 9 to read as follows:
Hotel projects for which an application was submitted and deemed complete by the
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Planning Department as of January 1, 2019 shall be exempt from the provisions of this ordinance.
The above language would subject the Piazza project to the provisions of the urgency and regular ordinances. This approach would be appropriate if a majority of the City Council concludes that the project did not meet the “deemed complete” requirements of the original Ordinance No. 1181 or should not move forward for other reasons.
Assuming the Council introduces the regular ordinance on September 18, and passes the ordinance on October 2, it would become effective on November 1, 2023, 30 days later.
ALTERNATIVES:
In addition to the options related to the exemption, the Council could decline to adopt or amend either or both ordinances, meaning that the downtown hotel restrictions would not be in place going forward. A substantive amendment to the regular ordinance may need to be reviewed by the Planning Commission. The City Council may amend the urgency ordinance without Planning Commission review.
ENVIRONMENTAL ANALYSIS:
The proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), which applies to any action where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The proposed amendments will not allow for, or encourage any more development than is already anticipated under the City's existing General Plan, or otherwise allow for or promote physical changes in the environment and therefore it can be seen with certainty that there is no possibility that the proposed amendments to existing zoning standards may have a significant effect on the environment.
ATTACHMENT(S):
Urgency Hotel Ordinance
Hotel Ordinance
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4879-4263-1551 v2
CITY OF HEALDSBURG
ORDINANCE NO. XXXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HEALDSBURG AMENDING HEALDSBURG
MUNICIPAL CODE SECTION 20.08.145, PERMITTED AND
CONDITIONALLY PERMITTED USES: PR, CD, AND CS
DISTRICTS; SECTION 20.28.020, ALTERATIONS AND
ADDITIONS TO NONCONFORMING USES, STRUCTURES,
AND SIGNS; SECTION 20.28.030, RESTORATION OF
DAMAGED STRUCTURE; AND SECTION 20.28.310,
DEFINITIONS; AND ESTABLISHING A NEW SECTION
20.20.090, HOTEL, EXTENDED STAY HOTEL, MOTEL, TO
LIMIT THE SIZE AND LOCATION OF FUTURE HOTEL USES
WITHIN THE PLAZA RETAIL (PR) AND DOWNTOWN
COMMERCIAL (CD) ZONING DISTRICTS
WHEREAS, Article 11, Section 7 of the California Constitution empowers the City of Healdsburg to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on December 17, 2018 and following duly noticed public hearings by the Planning Commission recommending approval, the City Council voted to adopt Ordinance No. 1181, which amended the Healdsburg Municipal Code (HMC) to limit future hotel uses within the Plaza Retail (PR) and Downtown Commercial (CD) zoning districts; and WHEREAS, Ordinance No. 1181 purported to amend HMC Sections 20.08.145,
20.28.020, and 20.28.310, and create a new Section 20.20.090, intended to further the City’s longstanding policy of regulating land use types; and
WHEREAS, Ordinance No. 1181 reflected the City’s intent to further regulate hotels within the Plaza Retail and Downtown Commercial zoning districts; and WHEREAS, California Government Code section 36933 requires that a summary of each ordinance passed, with the names of those councilmembers voting for and against the ordinance, be published in a newspaper of general circulation within 15 days of passage; and WHEREAS, pursuant to Government Code section 36933, ordinances do not take effect and are invalid if they are not published or posted in substantially the same manner and at the time required by Government Code section 36933; and
WHEREAS, due to a staff error, Ordinance No. 1181 was published in a newspaper of general circulation on January 10, 2019, 24 days following the Council’s adoption; and WHEREAS, Ordinance No. 1181 is arguably not effective pursuant to Government Code section 36933, removing the intended limitations on hotel development within the Plaza Retail
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Packet Pg. 197 Attachment: Urgency Hotel Ordinance (4189 : Healdsburg Municipal Code Limiting the Size and Location of Hotel Uses) Ordinance No. _____
4879-4263-1551 v2
(PR) and Downtown Commercial (DC) zoning districts, not effectuating the intent of the City Council, and causing confusion amongst the public and business and property owners; and WHEREAS, current City staff has only recently become aware that Ordinance No. 1181 was published more than 15 days after adoption; and
WHEREAS, to the extent that Ordinance No. 1181 did become effective in 2019, despite the publication error, this urgency ordinance repeals and replaces Ordinance No. 1181; and WHEREAS, the City still desires to limit future hotel development in the Plaza Retail (PR) and Downtown Commercial (DC) zoning districts; and
WHEREAS, the City has received public feedback regarding excessive traffic, noise, and foot traffic as well as lack of sufficient parking in the Plaza Retail (PR) and Downtown Commercial (DC) zoning districts as a result of continued development of large hotel projects; and WHEREAS, the City desires to preserve, protect and enhance the City’s small-town character and unique quality of life, as evidenced in Healdsburg 2030 General Plan Guiding Principles 1(F), 2(A), and 5(C), Goal LU-E, and Policies LU-D-2 and ED-B-2; and WHEREAS, prior to the City Council’s adoption of Ordinance No. 1181, and potentially currently, due to the publication error, hotels were and are permitted as of right within the PR and CD zoning districts; and
WHEREAS, since Ordinance No. 1181 is potentially ineffective, the zoning provisions that predate the adoption of Ordinance 1181 remain in effect, and the City could at any time receive development applications for larger-scale hotel projects in the downtown core of the City, which would be permitted as of right, contrary to the City’s General Plan, and create immediate threats to the public peace, health, or safety; and
WHEREAS, additional hotel rooms in the PR and CD zones would negatively impact the economic vitality of the community by driving out small businesses and decreasing opportunity for local residents to enjoy the downtown area; and
WHEREAS, the community has understood the provisions of Ordinance No. 1181 to have been in place since January 2019; and
WHEREAS, the proposed amendments to Section 20.08.145, Section 20.28.020, and Section 20.28.310, and the creation of a new Section 20.20.090 are intended to further the City’s longstanding policy of regulating land use types, particularly in its downtown area; and WHEREAS, the Planning Commission, at its October 30, 2018 meeting, made the following findings in support of the proposed amendments:
A. The Land Use Code amendments are consistent with the Healdsburg 2030 General Plan including the Goals, Policies and Implementation Measures of the Land Use and Economic Development Elements of the adopted General Plan in that:
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1. The amendments further Policy LU-D-2 and Policy ED-B-2 which “seek to provide a diversity of uses within the Downtown that serve both residents and visitors and shall avoid an over-concentration of a single type of use,” in that the proposed amendments will limit the number and size of future hotels within the Downtown area and protect existing hotels and commercial businesses within the downtown by avoiding an over-concentration of hotels within the downtown.
2. The City has not identified any conflicts with any Goals, Policies, Programs or measures of the Healdsburg General Plan 2030.
B. The amendments remain consistent with all of the Land Use Code, Objectives A through R listed in Section 20.04.010, given that the proposed amendments will continue to protect and promote the public health, safety and general welfare of the community by providing standards that are clear and logical, and promote a mix of land uses that serve the needs of both residents and visitors.
C. The Planning Commission has conducted a public hearing on the draft Land Use Amendments with hearing notices given as prescribed in Section 20.28.080, including newspaper publication at least 10 days prior to the scheduled hearing date.
D. The amendments are exempt from environmental review under the provisions of the California Environmental Quality Act (“CEQA”) given that the proposed amendments do not have potential for causing a significant effect on the environment and therefore are not subject to review pursuant to CEQA Guidelines Sections 15061(b)(3).
WHEREAS, based upon the Planning Commission’s findings and recommendation for adoption in 2018, and the additional findings herein, the City Council determines that the revisions are consistent with the General Plan including the Goals, Policies and Implementation Measures of the Land Use Element and the Economic Development Element of the adopted General Plan, and as amended the revisions would be internally consistent with all other provisions of the Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on December 3, 2018, at which time it reviewed the proposed amendments and considered all public comments on the revisions and related CEQA exemption for Ordinance No. 1181; the Council then adopted Ordinance No. 1181 at a public meeting on December 17, 2018; and WHEREAS, the City Council held a duly noticed public meeting on September 18, 2023, at which time it again reviewed the proposed amendments, and considered all public comments on the revisions and related CEQA exemption; and
WHEREAS, based on the foregoing, the City Council determines that, due to the recently discovered error in publication of Ordinance No. 1181, there is a substantial likelihood that serious harm will be experienced unless immediate action is taken to ensure the preservation of public peace, health or safety.
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NOW, THEREFORE, the City Council of the City of Healdsburg does ordain as follows:
Section 1. Findings.
The above recitals are hereby declared to be true and correct findings of the City Council of the City of Healdsburg.
Section 2. Enactment.
To the extent that Ordinance No. 1181 became effective in 2019, that ordinance is repealed in its entirety and replaced in its entirety with this urgency ordinance.
Section 20.08.145, Table 10, is amended as follows:
20.08.145 Permitted and conditionally permitted uses: PR, CD, and CS Districts The following permitted and conditionally permitted uses may be allowed in the PR, CD and CS Districts. Chapter 20.28 HMC, Article V describes the procedures for obtaining a conditional use permit.
Table 10 Permitted and conditionally permitted uses: PR, CD and CS Districts Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Residential Uses
Accessory dwelling unit P P P HMC 20.20.010
Day care, general -- C C
Day care, limited -- P P
Homeless shelters -- -- P
Multifamily dwellings located on the same site as a
commercial use – above ground floor C P P
Multifamily dwellings located on the same site as a
commercial use – any floor -- P P
Residential care, general -- C C
Residential care, limited -- P P
Single-room occupancy dwellings located on the same
site as a commercial use – above ground floor C P P
Single-room occupancy dwellings located on the same
site as a commercial use – any floor -- P P
Supportive housing P P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Transitional housing P P P
Vacation rental -- C --
Retail Trade and Services
Ambulance service -- -- P
Antique car display and sales -- C P
Antique sales – above ground floor P P C
Antique sales – ground floor C P C
Art galleries and picture framing with art sales P P P
Arts and crafts schools -- P P
Arts, crafts and hobby stores, including instructional
classes as an accessory use P P P
Automobile rentals -- -- P
Automobile washing (self-service) -- -- P
Automotive repair -- -- C
Automotive sales and service, new and used, with auto
service -- -- P
Automotive service stations, including smog testing,
minor repair (tune-ups and brake repair only), towing
services, vehicle storage and mini-markets
-- -- C
Automotive supply stores -- P P
Automotive upholstery shops -- -- C
Bakeries, retail P P P
Banks, savings and loans, thrift and loans, credit
unions, including automated teller machines and drivethrough facilities-- C C Banks, savings and loans, thrift and loans, credit
unions, including automated teller machines (no drivethrough)C P P Barber shops/beauty shops – above ground floor P P P
Barber shops/beauty shops – ground floor -- P P
Bars and cocktail lounges C C C HMC 20.20.075
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Beer and wine sales (off-premises consumption),
ancillary to mini-market retail sales contained within a service station
-- -- C HMC 20.20.075
Bicycle sales and repair shops, including rentals -- P P Blueprint and photo reproduction shops -- P P
Boat sales and service -- -- P
Bookstores and newsstands – above ground floor P P P
Bookstores and newsstands – ground floor C P P
Bowling alleys -- -- P
Building material sales -- -- C
Bus depots C C C
Cabinet shops -- -- C
Cannabis Storefront Retailer (Dispensary) -- P P HMC 20.20.095 Cannabis Microbusiness (without cultivation) -- P P HMC 20.20.095 Card and stationers’ stores P P P
Carnivals and circuses, temporary -- -- C
Catering shops (food to go only) -- P P
Christmas tree sales lots, temporary P P P
Clothing and shoe establishments, including clothing
sales (new merchandise only), tailor shops, and
dressmaking establishments
P P P
Computer retail sales -- P --
Consignment sales with incidental sales of used goods
and clothing -- P P
Contractors’ equipment rental yards & equipment
rental yards -- -- C
Contractors’ shops with no outdoor storage of heavy
equipment -- -- P
Delicatessens and gourmet food sales with incidental
catering P P C
Dental labs -- P P
Department stores -- P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Dry cleaners and laundries -- P P
Electronic games centers (4 or more games) -- C C
Fabric shops P P P
Farmers markets C C C
Firearm dealers -- -- C HMC 20.20.105
Floor covering and drapery sales -- C P
Florists, including outdoor sales P P P
Food and cold storage lockers -- C P
Food stores over 3,500 square feet in retail sales -- P P Food stores up to 3,500 square feet in retail sales C P P Furniture repair -- P P
Furniture stores, retail P P P
Gift shops P P P
Glass shops (glaziers) -- -- P
Hardware, paint and wallpaper stores, with no firearm
sales -- P P
Hardware, paint and wallpaper stores with firearm
sales -- -- C HMC 20.20.105
Health clubs, gymnasiums and dance studios -- C P
Home electronics and household appliance stores,
including television, stereo, radio, telephone,
computer and related sales (includes repair and
installation services)
-- P P
Hotels, extended stay hotels and motels C C -- HMC 20.20.090 Ice cream parlors, soda fountains and candy stores P P P Interior furnishing and accessory shops P P P
Jewelry sales and repair, including watch and clock
repair P P P
Kennels -- -- C
Kitchenware shops P P P
Laboratories -- C P
Laundries – self-service -- P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Linen supply services -- -- P
Liquor, beer and wine sales – off-premises
consumption C C C HMC 20.20.075
Live-work facilities -- P P
Locksmiths -- P P
Machinery sales, service, rental -- -- P
Manufacturing/processing – light; provided, that all of the conditions prescribed by Chapter 20.24 HMC,
Article I, are met, and that no motor power other than
electrically operated motors shall be used. The
horsepower of any single motor shall not exceed five
horsepower and the total horsepower of all such
motors on the site shall not exceed 25 total
horsepower. This does not include air conditioning
equipment.
-- C C
Massage establishments – above ground floor P P P
Massage establishments – any floor -- P P
Medical and dental clinics -- -- P
Mortuaries -- C C
Motorcycle sales and service -- C P
Music and dance entertainment clubs -- P C
Musical instrument sales, repair and lessons; and
recorded music sales – above ground floor P P P
Musical instrument sales, repair and lessons; and
recorded music sales – ground floor C P P
Nightclubs C C C HMC 20.20.075
Nurseries and garden supply stores -- C P
Office equipment sales and service -- P P
Offices – professional, administrative and business,
including chiropractor, insurance, real estate and
financial offices, but excluding medical and dental
offices – any floor
-- P P
Offices – professional, administrative and business,
including chiropractor, insurance, real estate and P -- --
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
financial offices, but excluding medical and dental
offices – above ground floor
Offices – psychologist, psychiatrist, counseling and
therapy -- P P
Optician and optometrist shops -- P P
Outdoor vendors on private property C C --
Parking lots and parking garages C P P
Patio and garden furniture and accessories shops -- P P Pet shops, including pet grooming -- P P
Pharmacies and drugstores C P P
Photography shops, studios and photo supply stores C P P Picture framing shops -- P P
Plumbing supply shops -- C P
Pool and billiards halls -- C P
Pool and spa sales and service -- -- P
Post office and private mail services -- C P
Pottery and woodworking shops -- -- P
Printing, lithography and engraving -- C P
Public information centers – indoor P P P
Public utility installations, including public service
pumping stations, power stations and substations,
equipment buildings and installations
-- C C
Radio and television broadcast and recording studios -- C C Radio, television and stereo sales and service -- P P
Recreational equipment rental -- -- P
Recreational vehicle sales, services, repair and storage -- -- P Residential visitor lodging -- C C
Restaurants, cafes and eating establishments, indoor
and outdoor eating, including sale of alcoholic
beverages as an ancillary use and indoor music with no
sound amplification. Amplified sound requires a
Conditional Use Permit.
P P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Restaurants, drive-in, walk-up and drive-through -- -- C Retail warehouses over 6,000 square feet of floor area -- -- C Retail warehouses under 6,000 square feet of floor area -- -- P Secondhand stores and pawn shops -- C C
Shoe repair -- P --
Sign painting -- C P
Skating rinks (within building) -- -- P
Spa, day
• Above ground floor
• ground floor
C
--
P
P
P
P
Spa, overnight P P --
Sporting goods sales, with rental as an accessory use,
with no firearm sales -- P P
Sporting goods sales, with rental as an accessory use,
with firearm sales -- -- C HMC 20.20.105
Supermarkets (over 3,500 square feet of retail sales
area) -- P P
Tasting room C C -- HMC 20.20.075
Theaters and auditoriums C C C
Tire sales, not including tire recapping -- -- P
Tobacco and pipe shops P P P
Toy stores P P --
Travel agencies – above ground floor P P P
Travel agencies – ground floor C P P
Upholstery shops -- C C
Vacation timeshares -- -- --
Variety stores and dry goods -- P P
Vending machine service -- -- P
Veterinarian offices and small animal hospitals -- -- C Recreation, Education and Public Assembly
Churches and other religious institutions -- C C
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Private clubs, fraternal lodges and meeting halls C C C Private museums P C --
Accessory Uses
Accessory structures and uses located on the same site
as a permitted or conditional use P P P
-- = not permitted
Section 3. A new Section 20.20.090, Hotel, Extended Stay Hotel, Motel, is added as follows:
20.20.090 Hotel, Extended Stay Hotel, Motel
A. Purpose.
The purpose and intent of this section is to preserve the small-town character of the City within the Plaza Retail (PR) District and Downtown Commercial (CD) District, and to retain sufficient space within said Districts for persons to establish small and locally serving businesses by limiting the size and location of a new motel, hotel or extended stay hotel (“hotel”), as defined in HMC §20.28.310 in order to avoid an over-concentration of hotel uses within the downtown.
B. Application.
The following requirements shall apply to all applications for a conditional use permit to construct and establish a new hotel or to expand an existing hotel located within the PR District and CD District after the effective date of the ordinance codified in this section.
C. Nonconforming uses.
Any hotels that add guest rooms in excess of 67 rooms within the PR District shall be nonconforming. All current hotels in the CD District that include in excess of 5 guest rooms or, when combined with other hotels on the same block-face, contain more than 5 guest rooms per block-face, shall be nonconforming as to the number of guest rooms. Existing hotels that become nonconforming as an effect of these revisions may add no additional guest rooms.
This provision shall not affect an applicant’s ability to apply for permits to expand, intensify, or add any other use. In addition, regulations per HMC 20.28.020 and 20.28.030 further describe non-conforming uses and structures.
D. Conditional Use Permit Requirement.
Any person desiring to construct and establish a new hotel or to expand an existing hotel in the PR District or CD District must obtain a conditional use permit in accordance with HMC Chapter 20.28, Article V.
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E. Conditional Use Permit Findings: PR District.
In addition to the findings required by HMC §20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the PR District, the Planning Commission shall make the following finding: The addition of the number of hotel guest rooms or suites proposed by the application, when added to the then currently existing number of hotel guest rooms or suites, shall not exceed 67 hotel guest rooms or suites within the entire PR District.
F. Conditional Use Permit Findings: CD District.
In addition to the findings required by HMC §20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the CD District, the Planning Commission shall make all of the following findings:
1. The proposed project does not include in excess of five (5) hotel guest rooms or suites.
If the proposed project would expand an existing hotel, the total number of hotel guest rooms or suites within the hotel shall not exceed five (5) hotel guest rooms or suites.
2. The addition of the proposed number of hotel guest rooms or suites, when added to the number of existing hotel guest rooms or suites, shall not exceed five (5) total hotel guest rooms or suites per block-face, unless separated by 500 feet or more. For a building that has frontage on two or more streets (i.e., through lot or corner lot), the primary business frontage shall be the narrower street frontage of the corner lot, consistent with the definition of “Lot line, front,” in HMC §20.28.310. In the event that there is no narrower street frontage, the primary business frontage shall be determined by the building address.
3. The proposed hotel rooms are located behind or above retail or lobby space on a primary street frontage.
4. The proposed hotel does not front on a residential zoning district.
5. Parking required by Chapter 20.16 HMC, Article VIII shall be provided on-site.
6. Accessory uses to the hotel such as meeting rooms or guest event spaces shall be subordinate to the hotel use.
7. Residential units shall not be converted into hotel rooms.
Section 4. Section 20.28.020, Alterations and additions to nonconforming uses, structures and signs, is amended as follows:
20.28.020 Alterations and additions to nonconforming uses, structures and signs A. No structure, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except that:
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1. A nonconforming residential use or structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, or enlarged if destroyed by fire, acts of God, or by the public enemy, provided that the number of dwelling units is not increased.
2. A nonconforming hotel use or structure located in a commercial district may be altered or replaced if destroyed by fire, acts of God, or by the public enemy, provided that the number of hotel rooms is not increased.
B. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the place occupied by the nonconforming use, except as permitted in this section.
C. No nonconforming use shall be enlarged or extended in such a way to occupy any part of the structure or site which it did not occupy on the effective date of this Title or of the amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.
D. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.
E. The nonconforming use of a structure or site shall not be changed to another nonconforming use.
F. No use which fails to meet the required conditions for the district in which it is located shall be enlarged or extended or shall have equipment replaced unless the enlargement, extension, or replacement will result in the elimination of nonconformity with required conditions.
Section 5. Section 20.28.030, Restoration of damaged structure, is amended as follows:
20.28.030 Restoration of damaged structure
The following regulations apply regarding restoration of a damaged structure:
A. Whenever a structure that does not comply with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between buildings, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which the structure is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed, provided that the restoration is started within one year and diligently pursued to completion.
B. Whenever a structure that does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not
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conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by an act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law, the structure shall not be restored, except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. Notwithstanding the above, a nonconforming residential structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, enlarged, or replaced if destroyed by fire, acts of God, or the public enemy, provided that the number of dwelling units is not increased. Nonconforming multi-family housing located in an Industrial District that is destroyed may only be replaced if the findings set forth in Government Code Section 65852.25 can be met as determined by the planning commission.
Further, notwithstanding the above, a nonconforming hotel structure with more than five (5) guest rooms, located in the Downtown Commercial (CD) district, may be altered or replaced and the hotel use resumed if destroyed by fire, acts of God, or the public enemy, to an extent greater than 50 percent, provided that the number of hotel rooms is not increased from the use preceding the damage.
C. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or reviewed and approved by the planning and building director.
Section 6. The following words and terms from Section 20.28.310 Definitions are proposed to be deleted:
Motel, hotel, extended stay hotel. A structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites with toilet and bathing facilities, occupied on a transient basis for compensation, in which no more than 40 percent of the individual guest rooms and suites contain kitchens or cooking facilities.
Section 7. The following words and terms are proposed to be added to Section 20.28.310 Definitions:
Hotel, extended stay hotel, motel. A commercial business with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging (fewer than 30 days).
Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. May also include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
Section 8. The following words and terms from Section 20.28.310 Definitions are proposed to be amended:
Vacation rental. The rental/letting of a residential unit, including bedroom(s), kitchen and bath, for fewer than 30 days for transient lodging purposes and with no on-site management.
Section 9. Applicability.
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Hotel projects for which an application has already been submitted and deemed complete by the Planning Department as of the effective date of this ordinance shall be exempt from the provisions of this ordinance.
Section 10. Environmental Compliance.
The proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), which applies to any action where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The proposed amendments will not allow for, or encourage any more development than is already anticipated under the City's existing General Plan, or otherwise allow for or promote physical changes in the environment and therefore it can be seen with certainty that there is no possibility that the proposed amendments to existing zoning standards may have a significant effect on the environment.
Section 11. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 12. Effective Date and Publication.
This Ordinance of the City of Healdsburg shall be effective immediately upon adoption pursuant to Government Code section 36937. Before expiration of fifteen (15) days after its passage, this Ordinance or a summary thereof as provided in Government Code section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the City Council members voting for and against its passage. In the event the City Council also adopts a regular ordinance with similar provisions to those in this urgency ordinance, this urgency ordinance shall expire on the date that said regular ordinance becomes effective.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of the Healdsburg on the 18th day of September, 2023, by the following vote:
AYES: Councilmembers: ()
NOES: Councilmembers: ()
ABSENT: Councilmembers: ()
ABSTAINING: Councilmembers: ()
SO ORDERED: ATTEST:
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_____________________________________
Ariel Kelley, Mayor
______________________________________
Raina Allan, City Clerk
Dated: ________________________________
I, Raina Allan, City Clerk of the City of Healdsburg, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No.XXXX passed and adopted by the Healdsburg City Council on the 18th day of September, 2023.
Raina Allan, City Clerk
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CITY OF HEALDSBURG
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG AMENDING HEALDSBURG MUNICIPAL
CODE SECTION 20.08.145, PERMITTED AND
CONDITIONALLY PERMITTED USES: PR, CD, AND CS
DISTRICTS; SECTION 20.28.020, ALTERATIONS AND
ADDITIONS TO NONCONFORMING USES, STRUCTURES,
AND SIGNS; SECTION 20.28.030, RESTORATION OF
DAMAGED STRUCTURE; AND SECTION 20.28.310,
DEFINITIONS; AND ESTABLISHING A NEW SECTION
20.20.090, HOTEL, EXTENDED STAY HOTEL, MOTEL, TO
LIMIT THE SIZE AND LOCATION OF FUTURE HOTEL USES
WITHIN THE PLAZA RETAIL (PR) AND DOWNTOWN
COMMERCIAL (CD) ZONING DISTRICTS
WHEREAS, Article 11, Section 7 of the California Constitution empowers the City of Healdsburg to make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on December 17, 2018 and following duly noticed public hearings by the Planning Commission recommending approval, the City Council voted to adopt Ordinance No. 1181, which amended the Healdsburg Municipal Code (HMC) to limit future hotel uses within the Plaza Retail (PR) and Downtown Commercial (CD) zoning districts; and WHEREAS, Ordinance No. 1181 purported to amend HMC Sections 20.08.145,
20.28.020, and 20.28.310, and create a new Section 20.20.090, intended to further the City’s longstanding policy of regulating land use types; and
WHEREAS, Ordinance No. 1181 reflected the City’s intent to further regulate hotels within the Plaza Retail and Downtown Commercial zoning districts; and WHEREAS, California Government Code section 36933 requires that a summary of each ordinance passed, with the names of those councilmembers voting for and against the ordinance, be published in a newspaper of general circulation within 15 days of passage; and WHEREAS, pursuant to Government Code section 36933, ordinances do not take effect and are invalid if they are not published or posted in substantially the same manner and at the time required by Government Code section 36933; and
WHEREAS, due to a staff error, Ordinance No. 1181 was published in a newspaper of general circulation on January 10, 2019, 24 days following the Council’s adoption; and WHEREAS, Ordinance No. 1181 is arguably not effective pursuant to Government Code section 36933, removing the intended limitations on hotel development within the Plaza Retail
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(PR) and Downtown Commercial (DC) zoning districts, not effectuating the intent of the City Council, and causing confusion amongst the public and business and property owners; and WHEREAS, current City staff has only recently become aware that Ordinance No. 1181 was published more than 15 days after adoption; and
WHEREAS, to the extent that Ordinance No. 1181 did become effective in 2019, despite the publication error, and has not been repealed and replaced by an urgency ordinance, this ordinance repeals and replaces Ordinance No. 1181; and
WHEREAS, the City still desires to limit future hotel development in the Plaza Retail (PR) and Downtown Commercial (DC) zoning districts; and
WHEREAS, the City has received public feedback regarding excessive traffic, noise, and foot traffic as well as lack of sufficient parking in the Plaza Retail (PR) and Downtown Commercial (DC) zoning districts as a result of continued development of large hotel projects; and WHEREAS, the City desires to preserve, protect and enhance the City’s small-town character and unique quality of life, as evidenced in Healdsburg 2030 General Plan Guiding Principles 1(F), 2(A), and 5(C), Goal LU-E, and Policies LU-D-2 and ED-B-2; and WHEREAS, additional hotel rooms in the PR and CD zones would negatively impact the economic vitality of the community by driving out small businesses and decreasing opportunity for local residents to enjoy the downtown area; and
WHEREAS, the community has understood the provisions of Ordinance No. 1181 to have been in place since January 2019; and
WHEREAS, the proposed amendments to Section 20.08.145, Section 20.28.020, and Section 20.28.310, and the creation of a new Section 20.20.090 are intended to further the City’s longstanding policy of regulating land use types, particularly in its downtown area; and WHEREAS, the Planning Commission, at its October 30, 2018 meeting, made the following findings in support of the proposed amendments:
A. The Land Use Code amendments are consistent with the Healdsburg 2030 General Plan including the Goals, Policies and Implementation Measures of the Land Use and Economic Development Elements of the adopted General Plan in that:
1. The amendments further Policy LU-D-2 and Policy ED-B-2 which “seek to provide a diversity of uses within the Downtown that serve both residents and visitors and shall avoid an over-concentration of a single type of use,” in that the proposed amendments will limit the number and size of future hotels within the Downtown area and protect existing hotels and commercial businesses within the downtown by avoiding an over-concentration of hotels within the downtown.
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2. The City has not identified any conflicts with any Goals, Policies, Programs or measures of the Healdsburg General Plan 2030.
B. The amendments remain consistent with all of the Land Use Code, Objectives A through R listed in Section 20.04.010, given that the proposed amendments will continue to protect and promote the public health, safety and general welfare of the community by providing standards that are clear and logical, and promote a mix of land uses that serve the needs of both residents and visitors.
C. The Planning Commission has conducted a public hearing on the draft Land Use Amendments with hearing notices given as prescribed in Section 20.28.080, including newspaper publication at least 10 days prior to the scheduled hearing date.
D. The amendments are exempt from environmental review under the provisions of the California Environmental Quality Act (“CEQA”) given that the proposed amendments do not have potential for causing a significant effect on the environment and therefore are not subject to review pursuant to CEQA Guidelines Sections 15061(b)(3).
WHEREAS, based upon the Planning Commission’s findings and recommendation for adoption in 2018, and the additional findings herein, the City Council determines that the revisions are consistent with the General Plan including the Goals, Policies and Implementation Measures of the Land Use Element and the Economic Development Element of the adopted General Plan, and as amended the revisions would be internally consistent with all other provisions of the Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on December 3, 2018, at which time it reviewed the proposed amendments and considered all public comments on the revisions and related CEQA exemption for Ordinance No. 1181; the Council then adopted Ordinance No. 1181 at a public meeting on December 17, 2018; and WHEREAS, the City Council held a duly noticed public meeting on September 18, 2023, at which time it again reviewed the proposed amendments, and considered all public comments on the revisions and related CEQA exemption.
NOW, THEREFORE, the City Council of the City of Healdsburg does ordain as follows:
Section 1. Findings.
The above recitals are hereby declared to be true and correct findings of the City Council of the City of Healdsburg.
Section 2. Enactment.
To the extent that Ordinance No. 1181 became effective in 2019, and has not yet been repealed and replaced by an urgency ordinance, that ordinance is repealed in its entirety and replaced in its entirety with this ordinance.
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Section 20.08.145, Table 10, is amended as follows:
20.08.145 Permitted and conditionally permitted uses: PR, CD, and CS Districts The following permitted and conditionally permitted uses may be allowed in the PR, CD and CS Districts. Chapter 20.28 HMC, Article V describes the procedures for obtaining a conditional use permit.
Table 10 Permitted and conditionally permitted uses: PR, CD and CS Districts Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Residential Uses
Accessory dwelling unit P P P HMC 20.20.010
Day care, general -- C C
Day care, limited -- P P
Homeless shelters -- -- P
Multifamily dwellings located on the same site as a
commercial use – above ground floor C P P
Multifamily dwellings located on the same site as a
commercial use – any floor -- P P
Residential care, general -- C C
Residential care, limited -- P P
Single-room occupancy dwellings located on the same
site as a commercial use – above ground floor C P P
Single-room occupancy dwellings located on the same
site as a commercial use – any floor -- P P
Supportive housing P P P
Transitional housing P P P
Vacation rental -- C --
Retail Trade and Services
Ambulance service -- -- P
Antique car display and sales -- C P
Antique sales – above ground floor P P C
Antique sales – ground floor C P C
Art galleries and picture framing with art sales P P P
Arts and crafts schools -- P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Arts, crafts and hobby stores, including instructional
classes as an accessory use P P P
Automobile rentals -- -- P
Automobile washing (self-service) -- -- P
Automotive repair -- -- C
Automotive sales and service, new and used, with auto
service -- -- P
Automotive service stations, including smog testing,
minor repair (tune-ups and brake repair only), towing
services, vehicle storage and mini-markets
-- -- C
Automotive supply stores -- P P
Automotive upholstery shops -- -- C
Bakeries, retail P P P
Banks, savings and loans, thrift and loans, credit
unions, including automated teller machines and drivethrough facilities-- C C Banks, savings and loans, thrift and loans, credit
unions, including automated teller machines (no drivethrough)C P P Barber shops/beauty shops – above ground floor P P P
Barber shops/beauty shops – ground floor -- P P
Bars and cocktail lounges C C C HMC 20.20.075
Beer and wine sales (off-premises consumption),
ancillary to mini-market retail sales contained within a service station
-- -- C HMC 20.20.075
Bicycle sales and repair shops, including rentals -- P P Blueprint and photo reproduction shops -- P P
Boat sales and service -- -- P
Bookstores and newsstands – above ground floor P P P
Bookstores and newsstands – ground floor C P P
Bowling alleys -- -- P
Building material sales -- -- C
Bus depots C C C
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Cabinet shops -- -- C
Cannabis Storefront Retailer (Dispensary) -- P P HMC 20.20.095 Cannabis Microbusiness (without cultivation) -- P P HMC 20.20.095 Card and stationers’ stores P P P
Carnivals and circuses, temporary -- -- C
Catering shops (food to go only) -- P P
Christmas tree sales lots, temporary P P P
Clothing and shoe establishments, including clothing
sales (new merchandise only), tailor shops, and
dressmaking establishments
P P P
Computer retail sales -- P --
Consignment sales with incidental sales of used goods
and clothing -- P P
Contractors’ equipment rental yards & equipment
rental yards -- -- C
Contractors’ shops with no outdoor storage of heavy
equipment -- -- P
Delicatessens and gourmet food sales with incidental
catering P P C
Dental labs -- P P
Department stores -- P P
Dry cleaners and laundries -- P P
Electronic games centers (4 or more games) -- C C
Fabric shops P P P
Farmers markets C C C
Firearm dealers -- -- C HMC 20.20.105
Floor covering and drapery sales -- C P
Florists, including outdoor sales P P P
Food and cold storage lockers -- C P
Food stores over 3,500 square feet in retail sales -- P P Food stores up to 3,500 square feet in retail sales C P P Furniture repair -- P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Furniture stores, retail P P P
Gift shops P P P
Glass shops (glaziers) -- -- P
Hardware, paint and wallpaper stores, with no firearm
sales -- P P
Hardware, paint and wallpaper stores with firearm
sales -- -- C HMC 20.20.105
Health clubs, gymnasiums and dance studios -- C P
Home electronics and household appliance stores,
including television, stereo, radio, telephone,
computer and related sales (includes repair and
installation services)
-- P P
Hotels, extended stay hotels and motels C C -- HMC 20.20.090 Ice cream parlors, soda fountains and candy stores P P P Interior furnishing and accessory shops P P P
Jewelry sales and repair, including watch and clock
repair P P P
Kennels -- -- C
Kitchenware shops P P P
Laboratories -- C P
Laundries – self-service -- P P
Linen supply services -- -- P
Liquor, beer and wine sales – off-premises
consumption C C C HMC 20.20.075
Live-work facilities -- P P
Locksmiths -- P P
Machinery sales, service, rental -- -- P
Manufacturing/processing – light; provided, that all of the conditions prescribed by Chapter 20.24 HMC,
Article I, are met, and that no motor power other than
electrically operated motors shall be used. The
horsepower of any single motor shall not exceed five
horsepower and the total horsepower of all such
motors on the site shall not exceed 25 total
-- C C
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
horsepower. This does not include air conditioning
equipment.
Massage establishments – above ground floor P P P
Massage establishments – any floor -- P P
Medical and dental clinics -- -- P
Mortuaries -- C C
Motorcycle sales and service -- C P
Music and dance entertainment clubs -- P C
Musical instrument sales, repair and lessons; and
recorded music sales – above ground floor P P P
Musical instrument sales, repair and lessons; and
recorded music sales – ground floor C P P
Nightclubs C C C HMC 20.20.075
Nurseries and garden supply stores -- C P
Office equipment sales and service -- P P
Offices – professional, administrative and business,
including chiropractor, insurance, real estate and
financial offices, but excluding medical and dental
offices – any floor
-- P P
Offices – professional, administrative and business,
including chiropractor, insurance, real estate and
financial offices, but excluding medical and dental
offices – above ground floor
P -- --
Offices – psychologist, psychiatrist, counseling and
therapy -- P P
Optician and optometrist shops -- P P
Outdoor vendors on private property C C --
Parking lots and parking garages C P P
Patio and garden furniture and accessories shops -- P P Pet shops, including pet grooming -- P P
Pharmacies and drugstores C P P
Photography shops, studios and photo supply stores C P P Picture framing shops -- P P
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Plumbing supply shops -- C P
Pool and billiards halls -- C P
Pool and spa sales and service -- -- P
Post office and private mail services -- C P
Pottery and woodworking shops -- -- P
Printing, lithography and engraving -- C P
Public information centers – indoor P P P
Public utility installations, including public service
pumping stations, power stations and substations,
equipment buildings and installations
-- C C
Radio and television broadcast and recording studios -- C C Radio, television and stereo sales and service -- P P
Recreational equipment rental -- -- P
Recreational vehicle sales, services, repair and storage -- -- P Residential visitor lodging -- C C
Restaurants, cafes and eating establishments, indoor
and outdoor eating, including sale of alcoholic
beverages as an ancillary use and indoor music with no
sound amplification. Amplified sound requires a
Conditional Use Permit.
P P P
Restaurants, drive-in, walk-up and drive-through -- -- C Retail warehouses over 6,000 square feet of floor area -- -- C Retail warehouses under 6,000 square feet of floor area -- -- P Secondhand stores and pawn shops -- C C
Shoe repair -- P --
Sign painting -- C P
Skating rinks (within building) -- -- P
Spa, day
• Above ground floor
• ground floor
C
--
P
P
P
P
Spa, overnight P P --
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Permitted (P) and Conditionally Permitted (C)
Uses PR CD CS Specific Use Regulations
Sporting goods sales, with rental as an accessory use,
with no firearm sales -- P P
Sporting goods sales, with rental as an accessory use,
with firearm sales -- -- C HMC 20.20.105
Supermarkets (over 3,500 square feet of retail sales
area) -- P P
Tasting room C C -- HMC 20.20.075
Theaters and auditoriums C C C
Tire sales, not including tire recapping -- -- P
Tobacco and pipe shops P P P
Toy stores P P --
Travel agencies – above ground floor P P P
Travel agencies – ground floor C P P
Upholstery shops -- C C
Vacation timeshares -- -- --
Variety stores and dry goods -- P P
Vending machine service -- -- P
Veterinarian offices and small animal hospitals -- -- C Recreation, Education and Public Assembly
Churches and other religious institutions -- C C
Private clubs, fraternal lodges and meeting halls C C C Private museums P C --
Accessory Uses
Accessory structures and uses located on the same site
as a permitted or conditional use P P P
-- = not permitted
Section 3. A new Section 20.20.090, Hotel, Extended Stay Hotel, Motel, is added as follows:
20.20.090 Hotel, Extended Stay Hotel, Motel
A. Purpose.
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The purpose and intent of this section is to preserve the small-town character of the City within the Plaza Retail (PR) District and Downtown Commercial (CD) District, and to retain sufficient space within said Districts for persons to establish small and locally serving businesses by limiting the size and location of a new motel, hotel or extended stay hotel (“hotel”), as defined in HMC §20.28.310 in order to avoid an over-concentration of hotel uses within the downtown.
B. Application.
The following requirements shall apply to all applications for a conditional use permit to construct and establish a new hotel or to expand an existing hotel located within the PR District and CD District after the effective date of the ordinance codified in this section.
C. Nonconforming uses.
Any hotels that add guest rooms in excess of 67 rooms within the PR District shall be nonconforming. All current hotels in the CD District that include in excess of 5 guest rooms or, when combined with other hotels on the same block-face, contain more than 5 guest rooms per block-face, shall be nonconforming as to the number of guest rooms. Existing hotels that become nonconforming as an effect of these revisions may add no additional guest rooms.
This provision shall not affect an applicant’s ability to apply for permits to expand, intensify, or add any other use. In addition, regulations per HMC 20.28.020 and 20.28.030 further describe non-conforming uses and structures.
D. Conditional Use Permit Requirement.
Any person desiring to construct and establish a new hotel or to expand an existing hotel in the PR District or CD District must obtain a conditional use permit in accordance with HMC Chapter 20.28, Article V.
E. Conditional Use Permit Findings: PR District.
In addition to the findings required by HMC §20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the PR District, the Planning Commission shall make the following finding: The addition of the number of hotel guest rooms or suites proposed by the application, when added to the then currently existing number of hotel guest rooms or suites, shall not exceed 67 hotel guest rooms or suites within the entire PR District.
F. Conditional Use Permit Findings: CD District.
In addition to the findings required by HMC §20.28.165 in connection with the approval of an application for a conditional use permit for a hotel within the CD District, the Planning Commission shall make all of the following findings:
1. The proposed project does not include in excess of five (5) hotel guest rooms or suites.
If the proposed project would expand an existing hotel, the total number of hotel guest rooms or suites within the hotel shall not exceed five (5) hotel guest rooms or suites.
2. The addition of the proposed number of hotel guest rooms or suites, when added to the number of existing hotel guest rooms or suites, shall not exceed five (5) total hotel guest
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rooms or suites per block-face, unless separated by 500 feet or more. For a building that has frontage on two or more streets (i.e., through lot or corner lot), the primary business frontage shall be the narrower street frontage of the corner lot, consistent with the definition of “Lot line, front,” in HMC §20.28.310. In the event that there is no narrower street frontage, the primary business frontage shall be determined by the building address.
3. The proposed hotel rooms are located behind or above retail or lobby space on a primary street frontage.
4. The proposed hotel does not front on a residential zoning district.
5. Parking required by Chapter 20.16 HMC, Article VIII shall be provided on-site.
6. Accessory uses to the hotel such as meeting rooms or guest event spaces shall be subordinate to the hotel use.
7. Residential units shall not be converted into hotel rooms.
Section 4. Section 20.28.020, Alterations and additions to nonconforming uses, structures and signs, is amended as follows:
20.28.020 Alterations and additions to nonconforming uses, structures and signs A. No structure, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except that:
1. A nonconforming residential use or structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, or enlarged if destroyed by fire, acts of God, or by the public enemy, provided that the number of dwelling units is not increased.
2. A nonconforming hotel use or structure located in a commercial district may be altered or replaced if destroyed by fire, acts of God, or by the public enemy, provided that the number of hotel rooms is not increased.
B. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the place occupied by the nonconforming use, except as permitted in this section.
C. No nonconforming use shall be enlarged or extended in such a way to occupy any part of the structure or site which it did not occupy on the effective date of this Title or of the amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.
D. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard,
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side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.
E. The nonconforming use of a structure or site shall not be changed to another nonconforming use.
F. No use which fails to meet the required conditions for the district in which it is located shall be enlarged or extended or shall have equipment replaced unless the enlargement, extension, or replacement will result in the elimination of nonconformity with required conditions.
Section 5. Section 20.28.030, Restoration of damaged structure, is amended as follows:
20.28.030 Restoration of damaged structure
The following regulations apply regarding restoration of a damaged structure:
A. Whenever a structure that does not comply with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between buildings, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which the structure is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed, provided that the restoration is started within one year and diligently pursued to completion.
B. Whenever a structure that does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by an act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law, the structure shall not be restored, except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. Notwithstanding the above, a nonconforming residential structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, enlarged, or replaced if destroyed by fire, acts of God, or the public enemy, provided that the number of dwelling units is not increased. Nonconforming multi-family housing located in an Industrial District that is destroyed may only be replaced if the findings set forth in Government Code Section 65852.25 can be met as determined by the planning commission.
Further, notwithstanding the above, a nonconforming hotel structure with more than five (5) guest rooms, located in the Downtown Commercial (CD) district, may be altered or replaced and the hotel use resumed if destroyed by fire, acts of God, or the public enemy, to an extent greater than 50 percent, provided that the number of hotel rooms is not increased from the use preceding the damage.
C. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the
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estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or reviewed and approved by the planning and building director.
Section 6. The following words and terms from Section 20.28.310 Definitions are proposed to be deleted:
Motel, hotel, extended stay hotel. A structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites with toilet and bathing facilities, occupied on a transient basis for compensation, in which no more than 40 percent of the individual guest rooms and suites contain kitchens or cooking facilities.
Section 7. The following words and terms are proposed to be added to Section 20.28.310 Definitions:
Hotel, extended stay hotel, motel. A commercial business with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging (fewer than 30 days).
Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. May also include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
Section 8. The following words and terms from Section 20.28.310 Definitions are proposed to be amended:
Vacation rental. The rental/letting of a residential unit, including bedroom(s), kitchen and bath, for fewer than 30 days for transient lodging purposes and with no on-site management.
Section 9. Applicability.
Hotel projects for which an application has already been submitted and deemed complete by the Planning Department as of September 18, 2023 shall be exempt from the provisions of this ordinance.
Section 10. Environmental Compliance.
The proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), which applies to any action where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The proposed amendments will not allow for, or encourage any more development than is already anticipated under the City's existing General Plan, or otherwise allow for or promote physical changes in the environment and therefore it can be seen with certainty that there is no possibility that the proposed amendments to existing zoning standards may have a significant effect on the environment.
Section 11. Severability.
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If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 12. Effective Date and Publication.
This Ordinance of the City of Healdsburg shall be effective 30 days after passage pursuant to Government Code section 36937. Before expiration of fifteen (15) days after its passage, this Ordinance or a summary thereof as provided in Government Code section 36933, shall be published at least once in a newspaper of general circulation published and circulated in the City of Healdsburg, along with the names of the City Council members voting for and against its passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of the Healdsburg on the __th day of __________, 2023, by the following vote:
AYES: Councilmembers: ()
NOES: Councilmembers: ()
ABSENT: Councilmembers: ()
ABSTAINING: Councilmembers: ()
SO ORDERED: ATTEST:
_____________________________________
Ariel Kelley, Mayor
______________________________________
Raina Allan, City Clerk
Dated:
I, Raina Allan, City Clerk of the City of Healdsburg, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No.XXXX passed and adopted by the Healdsburg City Council on the ___th day of _________, 2023.
Raina Allan, City Clerk
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 18, 2023
SUBJECT: Professional Services Agreement for Housing Needs Assessment and Housing Element Work Group (HEWG) Restructure
PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):
Expand Affordable Housing Opportunities
Provide Effective Governance
RECOMMENDED ACTION(S):
1. Adopt a Resolution reorganizing the Housing Element Work Group (HEWG) and rescinding Resolution No. 7-2022.
2. Adopt a Resolution authorizing the City Manager to enter into a contract with Economic & Planning Systems, Inc. in an amount not to exceed $75,800 for the Housing Needs Assessment and approve amending the adopted Fiscal Year 2023-2024 Budget.
COMMUNITY ENGAGEMENT/OUTREACH:
Healdsburg’s Housing Element update for the 6th Cycle encompassed a comprehensive community outreach program, aiming to foster public engagement and meet regulatory requirements. The initiative commenced with a public kick-off workshop in January 2022 and included the launch of a dedicated Housing Element Update website, as well as the formation of a Housing Element Work Group (HEWG) that conducted public meetings throughout the update process. Surveys in English and Spanish were carried out to solicit community opinions, and special efforts were made to reach underrepresented individuals. Following the circulation of a Public Review Draft and subsequent revisions based on feedback, the process culminated in adoption hearings in April and May 2023, with final HCD certification achieved on June 29, 2023.
BACKGROUND:
On June 7, 2021, in alignment with the community's broad housing needs and pursuant to Government Code 65583(c)(9), the City Council authorized the creation of the Housing Element Work Group (HEWG). The purpose of the HEWG was to ensure comprehensive and diverse community involvement in the development of Healdsburg's 6th Cycle Housing Element.
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The HEWG commenced its work in January of 2022, and the State Department of Housing and Community Development (HCD) certified the City of Healdsburg’s 6th Cycle Housing Element on June 29, 2023. Following this certification, attention has shifted to the implementation phase of the Housing Element.
During the development of the Housing Element, the HEWG identified several complex housing related issues which merit further study beyond the timeframe of the Housing Element Update.
These additional areas of focus were presented to the City Council by the HEWG and City housing staff on November 21, 2022. The Council subsequently adopted Resolution 171-2022 which approved the HEWG additional work plan and provided direction on the prioritized areas of study and established reporting requirements to the City Council.
This report outlines two primary objectives concerning the ongoing efforts of the Housing Element Work Group (HEWG). The first objective is to reorganize the HEWG and provide an update on the implementation of its expanded work plan. The second objective is to seek the City Council's authorization for the City Manager to enter a contract with Economic & Planning Systems, Inc. (EPS) for a Housing Needs Assessment (HNA). This assessment will furnish the essential data required for HEWG's augmented scope of work.
DISCUSSION/ANALYSIS:
Staff recommends that the Healdsburg City Council consider the following actions:
1. Adopt a Resolution reorganizing the Housing Element Work Group (HEWG) and rescinding Resolution No. 7-2022.
2. Adopt a Resolution authorizing the City Manager to enter a contract with Economic & Planning Systems, Inc. in an amount not to exceed $75,800 for the Housing Needs Assessment and approve amending the adopted Fiscal Year 2023-2024 Budget.
On November 21, 2022, the Healdsburg City Council adopted Resolution 171-2022 (Exhibit A).
This Resolution expanded the scope of work for the Housing Element Work Group (HEWG) and endorsed the HEWG's proposed work plan. Additionally, the Council provided guidance for task prioritization and requested quarterly updates from both the staff and the HEWG.
To enhance the efficacy of these planning efforts, staff engaged in dialogue with both the HEWG and other community stakeholders. The focus of these discussions was on increasing public participation to capture a wider array of perspectives, thereby enriching the planning process for these expanded areas of focus.
The proposed aim of this work plan and HEWG reorganization is to strike a balance between maintaining the institutional knowledge within the HEWG and fostering broader community involvement. This involves hosting workshop-type meetings designed to facilitate constructive and robust conversations to garner more diverse input. As outlined in this report, we anticipate that this balanced strategy will not only preserve existing expertise but also attract fresh viewpoints. Consequently, this will enrich the quality of recommendations presented to the City Council.
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HEWG Organization and Work Plan Structure
On June 7, 2021, the City of Healdsburg City Council established the Housing Element Work Group (HEWG) with nine members. This group successfully contributed to the 6th Cycle Housing Element Update. Due to evolving needs in implementing the Housing Element, a restructuring of the HEWG is advised.
Staff’s interactions with the HEWG and other stakeholders indicate the necessity for enhanced public participation. To meet this goal in accomplishing the tasks in the workplan, a roundtable approach in a workshop format is recommended, encouraging open dialogue and the active exchange of ideas.
The HEWG was organized through Resolution NO. 7-2022 (Exhibit B) on January 3, 2022. This resolution established the framework of the HEWG to focus on the 6th Cycle Housing Element Update. The resolution proposed would supersede this resolution, to avoid confusion.
Several HEWG members have stepped down after completing the Housing Element, which was the group’s original purpose. Therefore, staff recommends the City Council take two specific actions:
1. Rescind Resolution No. 7-2022 to pave the way for a revised HEWG structure.
2. Adopt a new resolution outlining the new HEWG structure providing additional flexibility to broaden public engagement and refocus the group, in line with accomplishing the objectives in Resolution 171-2022.
This new structure will allow the newly organized members of the HEWG to:
1. Guide the planning process.
2. Assimilate community and consultant feedback.
3. Present recommendations to the City Council.
In short, the resolution would reduce the size of the HEWG to five members to conform to the existing membership and mitigate current challenges related to achieving quorum for meetings.
Staff believes that the reduction in size will be offset by the planned workshop approach to meetings, which will generate increased community input.
Adopting this resolution will foster a more inclusive and participatory environment, retaining the expertise of existing members while inviting new perspectives. Should the City Council opt to appoint new members, as per the Alternatives section, a revised work schedule will be necessary to accommodate the appointments.
Housing Element Implementation Work Plan
With the City's Housing Element now certified, prioritizing the implementation of its programs and policies is essential to maintaining compliance. The HEWG has noted that while the City is
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well-positioned to meet its obligations for the 6th Cycle Regional Housing Needs Allocations (RHNA), planning for the 7th Cycle must begin promptly to ensure continued success.
As presented to the City Council the following table outlines the workplan adopted by the City Council through Resolution 171-2022 sorted by Council priority.
Area of Focus Priority Timeframe Status Deliverable
Downtown Housing
Council
Directed
Priority
Winter/Spring
2024
Contract
Scheduled for
9/18/23
Downtown
Housing
Capacity Study
Housing Needs
Assessment (HNA)
Council
Directed
Priority
Approximately 30-
days from contract
approval
Contract
Scheduled for
9/18/23
HNA and Data
Collection
Growth
Management
Ordinance Analysis
and
Recommendations
Council
Priority
Recommendations
and options to the
City Council in
early 2024
Commences
with the First
Meeting of
HEWG
Report to the
Council
Homeownership
Opportunities
Council
Priority Summer 2024
Commences
with the First
Meeting of
HEWG
Report to the
Council/Housing
Trust Fund
Framework
Funding Sources for
Affordable Housing
Council
Priority
Concurrent with
HNA
Commences
with HNA
Report to the
Council
Assessment of
Housing Stock (nonprimary residences
Included in
Adopted Scope
of Work
30 Days from
contract approval
Commences
with HNA
Report to the
Council
The City of Healdsburg’s General Plan Housing Element consists of seven goals, accompanied by seventy-nine specific policies, to be implemented during the 6th Housing Element Cycle from 2023-2031. Over the next eight years, HCD, as mandated by law, will review the City's adherence to these housing goals and objectives, including the annual submission of progress reports detailing the City's achievements towards these objectives.
In the spirit of the City's Housing Action Plan, which was developed with a grassroots approach to address Healdsburg's specific housing issues, this workplan will take a similar course, but the intent is to align the work with the Adopted General Plan Housing Element.
There are three distinct phases to this workplan:
1. Data Collection and Analysis
2. Public Workshops and Stakeholder Focus Groups
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3. Final Report Compilation and Delivery
To facilitate the formulation of these recommendations, the HEWG will leverage the data obtained through the HNA. This data-driven approach will enable the HEWG to propose solutions and make projections based on recent information. Additionally, the HEWG will actively participate in the Downtown Capacity Study, a collaborative initiative with the Community Development Department. These two efforts converge around our future strategies to provide our workforce and residents with an adequate supply of housing.
RFP for Consultant Services: Housing Needs Assessment
On July 27, 2023, the City of Healdsburg’s Housing Department released an RFP for professional consulting services in support of the continued work of the HEWG (Exhibit C). A partial listing of information that is anticipated to be gathered and analyzed includes:
• Identifying Current and Future Needs: Analyze the existing housing supply and predict future demands, considering population growth, demographics, and economic trends.
• Analyze Affordability Issues: Examine housing affordability within the community. • Evaluate Specialized Housing Requirements: Assess needs for specialized housing types, including senior living and other specialized populations. • Determine Suitable Locations: Identify appropriate locations for future housing, considering factors like transportation and employment opportunities, with special consideration given to downtown housing. Further study State incentive areas and make recommendations on potential opportunities.
• Assess Housing Quality: Evaluate the quality, age, and suitability of the existing housing stock, including a comprehensive inventory of substandard housing stock. • Economic Analysis: Investigate the impacts of housing on local businesses and workforce housing, understanding the interplay between housing accessibility, affordability, economic vitality, and job growth.
• Align with Policy Objectives: Ensure the alignment of existing efforts and policy objectives with the goals in the Housing Element and with an outlook on pending legislative mandates.
• Inform the Implementation of the City’s Housing Element: Formulate a clear, actionable plan to guide future housing development and policies. • Monitor and Adjust: Recommend mechanisms for ongoing monitoring and evaluation of housing strategies.
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• Update the City’s Housing Information on GIS: As information is collected, the selected consultant will work with the City’s GIS staff on updating relevant information on our Geographic Information System.
In September 2023, a cross-departmental evaluation team, comprising housing staff and the City's GIS Coordinator from the Information Technology Division, evaluated five proposals submitted in response to the City's RFP. The City's GIS Coordinator played a pivotal role in assessing the proposals regarding their potential integration into our city's systems to enhance accessibility and functionality.
The evaluation team unanimously found Economic & Planning Systems, INC. (EPS) to be the best proposal to meet the City’s needs. EPS was an integral part of our Housing Element project team and not only has extensive knowledge of our housing environment, but also brings a depth of resources in both planning, economic development, financing, land use and geographic information systems.
In addition to their extensive knowledge, EPS also had the lowest bid of the top proposals.
Therefore, staff recommends the selection of EPS through the Resolution being considered today and authorizing the City Manager to enter a contract for these services.
ENVIRONMENTAL STEWARDSHIP:
This report and staff’s recommendations to the City Council do not have a direct correlation to environmental stewardship.
ALTERNATIVES:
The Council may choose to:
1. Maintain the Existing HEWG Structure: This could involve retaining the current structure or modifying it as desired and appointing new members to fill the existing vacancies.
2. Instruct Staff to Alter any of the Proposed Actions: The Council may wish to reprioritize areas of focus or to provide direction to staff on the actions requested today.
Should the Council choose to pursue these or other alternatives, it may delay the implementation of the work plan.
FISCAL IMPACT:
The adopted Fiscal Year 2022-2023 budget included $100,000 in the Measure S fund to support the implementation of the Housing Action Plan. Staff is recommending Council approve a budget amendment to reappropriate this funding for the same purpose in the Fiscal Year 2023- 2024 budget. The proposed contract with EPS for the Housing Needs Assessment has a total not to exceed value of $75,800. The remaining $24,200 will be available to support the other areas of focus in the Housing Element implementation work plan.
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ENVIRONMENTAL ANALYSIS:
This action does not qualify as a project pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5) that states that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not projects. Pursuant to CEQA Guidelines Section 15060(c)(3) any activity that is not a project is not subject to environmental review under CEQA.
ATTACHMENT(S):
Resolution - HEWG
Exhibit A - Resolution 171-2022
Resolution - RFP
Exhibit C - EPS Proposal
Exhibit A - Budget Amendment
cc_res_2022-7_Exhibit B
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CITY OF HEALDSBURG
RESOLUTION NO. -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG REORGANIZING THE HOUSING ELEMENT
WORK GROUP (HEWG) AND RESCINDING RESOLUTION
NO. 7-2022
WHEREAS, the Healdsburg 2030 General Plan provides a comprehensive long-range plan used to inform and guide decision-making by residents, property owners, business interests, and elected and appointed City officials principally regarding the public and private land use and development that shapes Healdsburg’s physical environment; and WHEREAS, State law requires that the Housing Element of the General Plan be updated every 8 years; and
WHEREAS, on June 7, 2021, in alignment with the community's broad housing needs and pursuant to Government Code 65583(c)(9), the City Council authorized the creation of the Housing Element Work Group (HEWG) to ensure comprehensive and diverse community involvement in the development of Healdsburg's 6th Cycle Housing Element; and WHEREAS, on January 3, 2022, the City Council adopted Resolution No. 7-2022 that established the roles and responsibilities of the HEWG related to the work on the 6th Cycle Housing Element; and
WHEREAS, the HEWG commenced its work in January of 2023, and the State Department of Housing and Community Development certified the City of Healdsburg’s 6th Cycle Housing Element on June 29, 2023; and
WHEREAS, following this certification, attention has shifted to the implementation phase of the Housing Element, and the HEWG identified several complex housing-related issues which merited further study beyond the timeframe of the Housing Element Update; and WHEREAS, these additional areas of focus were presented to the City Council by the HEWG and City housing staff on November 21, 2022, and the Council subsequently adopted Resolution 171-2022, which approved the HEWG additional work plan and provided direction on the prioritized areas of study and outlined the expectations on updating the Council on this work; and
WHEREAS, the Council desires to reorganize the HEWG to increase public participation through community-based workshops in which all members of the public can participate in a collaborative and creative manner; and
WHEREAS, Resolution No. 7-2022, adopted by the City Council on January 3, 2023, is rescinded and replaced by the new organizational structure adopted through this resolution.
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Packet Pg. 235 Attachment: Resolution - HEWG (4150 : Housing Needs Assessment) Resolution No. -2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby reorganizes the Housing Element Work Group and adopts the following provisions that relate to the HEWG’s membership, terms of office, duties, and responsibilities:
1. MEMBERSHIP: The membership shall consist of five (5) members appointed by the City Council.
2. TERM OF OFFICE OF MEMBERS: The term of office of all members of the HEWG shall be until the completion of the workplan outlined in Resolution No. 171-2022.
3. OFFICERS OF THE HEWG: The HEWG shall select one of its members as Chairperson and one of its members as Vice-Chairperson, whose terms of office for said positions shall be for the duration of the HEWG.
4. VACANCY: Vacancies on the HEWG, for whatever cause, shall be filled by the City Council.
5. MEETINGS OF THE HEWG: The HEWG shall hold meetings as necessary in the process of their work and at a time and location published with proper notice as required by law.
6. ORGANIZATION AND PROCEDURE: The HEWG may make and alter all rules and regulations governing its organization and procedure not inconsistent with this Resolution or any other Resolution or any Ordinance of the City.
7. DUTIES AND RESPONSIBILITIES OF THE HEWG: The HEWG shall advise the City Council on matters relating to the programs, policies and other matters related to the execution of the City Council’s workplan as outlined in Resolution 171-2022, and in organizing workshops to foster public participation on future housing goals and programs.
8. STAFF TO THE HEWG: The City Manager shall appoint an officer or an employee of theCity who shall act as Secretary to the HEWG and who shall provide clerical assistance.
9. REPORTING: As directed by the City Council the HEWG will update the City Council quarterly on their progress and from time-to-time in order to carry out their work.
BE IT FURTHER RESOLVED that the City Council of the City of Healdsburg hereby rescinds Resolution No. 7-2022 in order to reorganize the HEWG as described herein.
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Packet Pg. 236 Attachment: Resolution - HEWG (4150 : Housing Needs Assessment) Resolution No. -2023
PASSED, APPROVED AND ADOPTED this 18th day of September 2023, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAINING: Councilmembers
SO ORDERED: ATTEST:
__________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
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Packet Pg. 237 Attachment: Resolution - HEWG (4150 : Housing Needs Assessment)
CITY OF HEALDSBURG
RESOLUTION NO. 171-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG EXPANDING THE SCOPE OF WORK OF THE
HOUSING ELEMENT WORK GROUP
WHEREAS, the Healdsburg 2030 General Plan provides a comprehensive long-range plan used to inform and guide decision-making by residents, property owners, business interests, and elected and appointed City officials principally regarding the public and private land use and development that shapes Healdsburg’s physical environment; and WHEREAS, State law requires that the Housing Element of the General Plan be updated every 8 years; and
WHEREAS, a comprehensive revision of the General Plan Housing Element was adopted by the City Council on November 17, 2014, and certified by the State on January 8, 2015; and WHEREAS, the City’s current Housing Element, which is the 5th Cycle Housing Element, is set to expire on January 15, 2023, and as part of Housing Element Law, the City is required to adopt a new Housing Element for the 6th Cycle which will cover a planning period of January 31, 2023, through January 31, 2031; and
WHEREAS, housing issues affect the entire community and public participation in the Housing Element development process is a critical component in ensuring residents, employers, and the public and private sectors have an opportunity to engage in a dialogue to identify problems and create solutions to the housing needs in a community; and WHEREAS, Government Code 65583(c)(7) requires that: “the local government(s) shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element;” and
WHEREAS, on June 7th, 2021, the City Council provided direction to staff to create an application process to seek members for an advisory group to provide input on the development of the City’s General Plan Housing Element named the Housing Element Work Group (HEWG) and formed a subcommittee of the Council to review applications and recommend appointments to the HEWG; and
WHEREAS, the HEWG has been formed and has made substantial progress on the City’s General Plan Housing Element Update and desires to expand their scope of work to further study housing policy areas that are unique to the City of Healdsburg with the intent of making recommendations to the City Council; and
WHEREAS, the City Council desires the HEWG to continue this work through its existing membership, approves the workplan of the HEWG, and desires the HEWG to present its findings to the City Council in the form of a report.
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Packet Pg. 238 Attachment: Exhibit A - Resolution 171-2022 (4150 : Housing Needs Assessment)
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Packet Pg. 239
Attachment: Exhibit A - Resolution 171-2022 (4150 : Housing Needs Assessment) Resolution No. 171-2022
EXHIBIT A
Proposed Work Plan
Downtown Housing Development Capacity Study
Increasing housing density in a thoughtful and effective manner is a process that merits a planned approach that can demonstrate value to the community. While the City does not need to rezone properties to meet its 6th Cycle RHNA, the future production of housing is more likely to be dependent on zoning that can accommodate greater capacity. This study proposes to:
• Evaluate existing codes, legislation, and law to identify barriers to, and opportunities for, increased housing capacity within Downtown Healdsburg.
• Create an opportunity for community evaluation of possible General Plan and Land Use Code revisions, including real-world examples of how projects at various density levels would fit within the existing built environment.
• Provide a report to the City Council with recommendations on increasing density and on infill housing strategies.
Identifying Strategies to Achieve “Middle Income Housing” and Homeownership Opportunities
The ability for middle income individuals and families to live and work in Healdsburg has become more challenging. The City experienced unprecedented increases in the cost of housing due to multiple factors over the past several years. Regardless of the cause, the City’s housing stock that is available to those that make too much to qualify for subsidized housing but don’t make enough to afford market rate units is very limited. The HEWG proposes to further study and make recommendations on this policy area to include:
• Quantifying the need for middle-income housing and the demand for this product. • Making recommendations on how to implement the City’s Measure P units more effectively.
• Making recommendations on programs to fund middle income units. • Exploring pathways to homeownership across all income levels.
Assessment of the City of Healdsburg’s Growth Management Ordinance (GMO) The City’s voter-initiated GMO limits market-rate housing production in the City of Healdsburg.
The GMO influences the natural supply and demand economic drivers that generally keep a housing pipeline moving in a community. The GMO also limits the ability to develop mixedincome communities that could support homeownership products. Unless amended or repealed by the voters, the GMO is a reality that our housing market faces. Over the years the GMO has been amended to allow for affordable housing and middle-income products, however, these amendments have not resulted in the housing production necessary to offset rising housing scarcity and increased sales prices. The HEWG proposes to:
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Packet Pg. 240 Attachment: Exhibit A - Resolution 171-2022 (4150 : Housing Needs Assessment) • Evaluate the impacts of the GMO on current and future housing production goals. • Make recommendations on strategies that would provide the City with the ability to increase workforce housing.
Recommendations on policies and programs to address second homes, vacant homes, and underutilized properties.
With limited housing stock in the City of Healdsburg, the impact of second homes and vacant homes has become a natural talking point around housing production and local needs. While the City has in place measures to limit vacation rentals, the larger issue remains: how can a destination City such as Healdsburg mitigate the impacts of underutilized properties when there is such a high demand for housing for those that work in Healdsburg and want to live here? The HEWG proposes to:
• Quantify the number of second homes and underutilized properties and analyze the effect of these properties on the City’s available housing stock. • Evaluate programs other similar cities have implemented to address this issue and evaluate potential policy options and programs that could mitigate this factor, if needed. • Make recommendations on potential policies to address second and vacant homes for consideration by the City Council.
Recommendations on expanding housing funding sources
In 2020, the City Council received a report on affordable housing funding recommendations. With a new Housing Element in progress, it is recommended that these new policies, programs, and goals have identified funding strategies. The HEWG would update our existing affordable housing master plan with the goals of:
• Make recommendations on funding programs such as affordable homeownership programs.
• Make recommendations on new funding sources for new construction, acquisition/rehabilitation, and preservation of affordable housing. • Develop a land-banking strategy for future housing development. • Quantifying housing needs for special populations and income. • Recommend housing production goals beyond the RHNA goals identified in the Housing Element.
• Increasing energy efficiency to lower the cost of homeownership. • Reviewing the City’s Pro-Housing application.
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Packet Pg. 241 Attachment: Exhibit A - Resolution 171-2022 (4150 : Housing Needs Assessment)
CITY OF HEALDSBURG
RESOLUTION NO. -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG AUTHORIZING THE CITY MANAGER TO
ENTER A CONTRACT WITH ECONOMIC & PLANNING
SYSTEMS INC. IN AN AMOUNT NOT TO EXCEED $75,800
FOR THE HOUSING NEEDS ASSESSMENT AND APPROVE
AMENDING THE ADOPTED FISCAL YEAR 2023-2024
BUDGET
WHEREAS, during the development of the Housing Element, the Housing Element Work Group (HEWG) identified several complex housing-related issues meriting further study; and WHEREAS, the Council adopted Resolution 171-2022, approving the HEWG additional work plan, providing direction on prioritized areas of study, and outlining expectations on updates; and
WHEREAS, the City released an RFP on July 27, 2023, to support the HEWG’s work, with a comprehensive focus on housing needs, data collection, affordability, quality, and alignment with policy objectives; and
WHEREAS, the City evaluation team reviewed the submitted proposals and found that Economic & Planning Systems INC, (“EPS”) has the most responsive proposal at the lowest cost; and
WHEREAS, the City desires to contract for professional services for housing related data collection and analysis in support of the continued work of the Housing Element Work Group; and WHEREAS, EPS desires to enter a contract with the City and has the professional expertise and resources necessary to complete the scope of work; and WHEREAS, the Council previously approved $100,000 for housing-related services and data analysis in the Fiscal Year 22-23 budget, and to carry out the continued work as described, a budget amendment is required to reestablish the appropriations in the Fiscal Year 23-24 budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Healdsburg hereby:
1. Authorizes the City Manager to enter a contract for professional services with EPS in an amount not to exceed $75,800 and execute all the necessary actions needed to effectuate the contract; and
2. Approves amending the budget as depicted in the attached Exhibit A.
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Packet Pg. 242 Attachment: Resolution - RFP (4150 : Housing Needs Assessment) Resolution No. -2023
PASSED, APPROVED AND ADOPTED this 18th day of September 2023, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ____________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk
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Packet Pg. 243 Attachment: Resolution - RFP (4150 : Housing Needs Assessment) Proposal
Housing Needs Assessment and
Other Housing Element
Implementation Technical Support
Prepared for:
City of Healdsburg
Prepared by:
Economic & Planning Systems, Inc. (EPS)
August 21, 2023 (Revised)
EPS #231062
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Packet Pg. 244 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment)
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Packet Pg. 245 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) August 21, 2023
Stephen Sotomayor, Housing Director
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
Subject: Proposal to Prepare a Housing Needs Assessment and Provide Other Housing Element Implementation Technical Support; EPS #231062
Dear Stephen:
Economic & Planning Systems, Inc. (EPS) is pleased to submit this proposal to the City of Healdsburg to prepare a housing needs assessment and provide other technical assistance in support of implementation of the Adopted and Certified Housing Element. Specifically, EPS is proposing to provide research, data, and analysis to inform City staff and the Housing Element Work Group (HEWG) as the HEWG identifies implementation priorities and develops recommendations to present to the City Council.
The Housing Needs Assessment will start with an evaluation of the need for current and projected housing based on current and projected demographic trends and economic conditions in the City -- taking into account an evaluation of the existing housing inventory. More importantly, EPS understands the dynamic nature of this type of technical support and is prepared to work with City staff and respond to the HEWG as questions arise and are focused and refined.
EPS is a land use economics consulting firm at the forefront of affordable housing policy and evolving state legislation. Our broader practice in housing and real estate development allows us to ensure that housing policies and programs are considered in a broader context of development feasibility. We know the City and the City’s guiding policy and planning documents well, having just prepared the City’s 6th Cycle Housing Element.
The following proposal contains EPS’s proposed work program, staffing plan, and approach to schedule, as well as more information on the firm’s experience and staff expertise. Our proposed budget is being sent under separate cover. We are happy to address any questions you may have and modifications to the scope of work, and we would be delighted to assist you with this effort. You can reach me at [email protected] or 510-841- 9190. We look forward to hearing from you.
Sincerely,
Economic & Planning Systems, Inc. (EPS)
Ashleigh Kanat
Principal
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Packet Pg. 246 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Table of Contents
A. Firm Qualifications and Experience ............................................................ 3 B. Representative Project Profiles and Reference ............................................. 3 C. Staff Qualifications .................................................................................. 5 D. Proposed Work Program .......................................................................... 6 E. Schedule ............................................................................................... 7 F. Statement of Compliance ......................................................................... 8 G. Workers’ Compensation Declaration .......................................................... 9 APPENDIX A: STAFF RESUMES
APPENDIX B: ADDENDA
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Packet Pg. 247 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. (EPS)
3 A. Firm Qualifications and Experience
About Economic & Planning Systems, Inc.
The Firm. Economic & Planning Systems, Inc. (EPS) is a land economics consulting firm experienced in the full spectrum of services related to real estate development, the financing of public infrastructure and government services, land use and conservation planning, and local government organization.
Guiding Principle. EPS was founded on the principle that real estate development and land use-related public policy should be built on realistic assessment of market forces and economic trends, feasible implementation measures, and recognition of public policy objectives, including provisions for required public facilities and services.
Areas of Expertise.
Housing Policy and Development Feasibility Regional Economics and Industry Analysis Real Estate Market and Feasibility Analysis Land Use Planning and Growth Management Fiscal and Economic Impact Analysis Open Space and Resource Conservation Reuse, Revitalization, and Redevelopment Local Government Organization Public Finance Transportation Planning and Analysis
Clients Served. Since 1983 EPS has provided consulting services to hundreds of publicand private-sector clients in California and throughout the United States. Clients include cities, counties, special districts, multi-jurisdictional authorities, property owners, developers, financial institutions, and land use attorneys.
Staff Capabilities. The professional staff includes specialists in public finance, real estate development, land use and transportation planning, government organization, and computer applications. The firm excels in preparing concise analyses that disclose risks and impacts, support decision making, and provide solutions to real estate development and land use-related problems.
EPS Locations. Oakland, Los Angeles, and Sacramento, California; Denver, Colorado B. Representative Project Profiles and
Reference
EPS has broad experience evaluating housing needs and policies in a broad range of California jurisdictions. Of most relevance is the work EPS has performed for the City of Healdsburg during the past decade or more. A select list of representative projects are provided below. References are available upon request.
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Packet Pg. 248 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Healdsburg Affordable Housing Technical and Strategic Advisory Services The City of Healdsburg has been working to improve its supply of affordable and “missing middle” housing in the face of an ongoing shortage and continued increase in housing demand. The lively visitor-based economy, while providing substantial economic and fiscal benefits, has caused housing price increases due to non-resident ownership of homes and increased demand. The City’s voter-approved Growth Management Ordinance limited new housing construction to 30 units per year, severely constraining the addition of new market-rate housing. EPS has supported City staff efforts including preparation of a Housing Action Plan and work on a range of implementation efforts. These efforts include preparing revisions to the City’s Inclusionary Housing Ordinance, revisions to the Growth Management Ordinance, proposing and forecasting new affordable housing funding sources, developing a commercial linkage fee, developing a housing needs calculator, evaluating specific sites for their potential to support affordable housing, and assisting with negotiations for individual affordable housing projects. As a part of this work EPS has applied a range of supporting methods including quantitatively based housing needs assessment, financial feasibility analysis, and budget and economic forecasting.
Healdsburg Housing Needs Analysis and Housing Action Plan EPS assisted the City with a review and update of the City’s affordable housing policies.
Most recently, EPS’s work was focused on developing an approach to estimating unmet current and future housing demand. This analysis led to calculating the in-lieu fee that corresponds to the revised inclusionary housing ordinance (IHO), which requires developers of for-sale housing developments to provide 20 percent of such units at income-restricted, below-market-rate prices. Additional work was completed to develop a commercial linkage fee charged to new hotel development.
Healdsburg Housing Sites Feasibility Analysis
To support implementation of the City’s Housing Action Plan, EPS worked with City staff to identify four sites in the City with potential to provide affordable housing. EPS evaluated the physical characteristics of the site to account for access and environmental constraints before estimating a potential unit yield. The financial feasibility evaluated several programs per site, and tested a range of income levels, development costs, and tax credit scenarios. The City Council will evaluate each to identify priorities for scarce City resources in the coming year.
Healdsburg 6th Cycle Housing Element
The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State’s major housing goal, and the preparation of the Housing Element is required by California State Law. The Housing Element is one of the seven mandated elements of the General Plan, and the only element that must be updated on a set schedule, consistent with the establishment of the Regional Housing Needs Allocations (RHNA). The Public Review Draft is an update of its 2014 Housing Element and covers the planning period between 2023 – 2031.
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Packet Pg. 249 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. (EPS)
5 Most jurisdictions find themselves grappling with far higher RHNA assignments in the 6th Cycle than ever before, and at the same time, the Legislature has passed multiple housing bills creating laws that prescribe new requirements for Housing Elements and new by-right requirements for housing projects. Fortunately, the City of Healdsburg was well-positioned to meet these challenges given the scope and implementation of the 5th Cycle Housing Element, the completion and implementation of the Housing Action Plan, and its success creating and entitling housing projects that provide price-restricted affordable housing.
EPS led the team that prepared the 6th Cycle Housing Element, which was adopted by the City Council in May 2023 and Certified by HCD in June 2023. Specific topics that arose from outreach included how best to meet the housing needs of the City’s middle-income households and how best to address the effects on the limited supply of housing that is increasingly affordable only to upper-income households due to the attractiveness of Healdsburg as a visitor destination and its proximity to the central Bay Area.
Reference
Stephen Sotomayor, Housing Director for the City of Healdsburg, can speak to EPS’s ability to perform services similar to those requested in the RFP. If additional references are requested, EPS will be happy to provide additional references upon request.
C . S t a f f Q u a l i f i c a t i o n s
EPS will bring a team of highly-qualified and experienced individuals to successfully complete this study. A brief description of the role and background of the key EPS staff assigned to this effort is provided below. A detailed resume for each staff person below is provided in Appendix A.
Ashleigh Kanat, Principal
Role: Principal-In-Charge and Project Manager
Ashleigh Kanat will serve as Principal-in-Charge on this project and will direct all aspects of the work, providing housing policy expertise, technical guidance, overall quality control, and interacting with City staff, officials, and stakeholders. Ashleigh has been with EPS for more than 15 years and has long been involved in the firm’s housing policy work.
She has been working for the City of Healdsburg for nearly a decade and prepared an early iteration of the City’s Housing Needs Assessment. She was part of the team that recently completed the City’s 6th Cycle Housing Element, which was adopted by Council in May and certified by HCD in June.
Luke Foelsch, Vice President
Role: Deputy Project Manager, GIS Specialist, and Lead Analyst Luke Foelsch is a Vice President and will serve as Deputy Project Manager, providing dayto-day organizational support to ensure the tasks are completed with high quality and in a timely manner. Luke brings GIS skills and expertise and he will also act as the project’s
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Packet Pg. 250 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) primary analyst, performing the research, modelling, and analytical efforts required by the project. Luke has a Master’s Degree in Urban and Regional Planning.
Bex Allen, Associate
Role: Analyst
Bex Allen will provide support research and analysis.
D. Proposed Work Program
The following section describes the work program proposed by EPS to prepare the City’s housing needs assessment. While the work program below describes specific tasks, EPS will be generally available to respond to Housing Element implementation priorities.
Task 1: Project Initiation and Ongoing Project Management EPS will participate in a project initiation kick-off meeting via videoconference with City staff to discuss the overall Project and specific task objectives. In preparation for the kick-off, EPS will compile a draft list of data (e.g., demographic indicators, existing housing stock characteristics, population of renters and homeowners, trends and projections) that EPS believes will give the City insight into the baseline and future housing conditions. The City may request trend analysis and/or may also be interested in comparing City data to the County or the Bay Area region. During the kick-off, EPS will work with the City to finalize the data request. EPS will schedule a recurring check-in meeting with staff to maintain momentum and facilitate communication.
Task 2: Housing Needs Assessment Research and Data Analysis EPS will gather the data identified in Task 1 and present the data graphically in a PowerPoint slide deck format so that the City may use the charts and tables in other public communications and presentations. EPS will collect any data that may be useful if a disparate impact analysis on local workforce preference is requested at a later point.
Primary data sources include, but are not limited to:
CoStar
ArcGIS
JobsEQ
U.S. Census Bureau
o American Community Survey (ACS)
o Longitudinal Employer-Household Dynamics (LEHD)
State of California
o Economic Development Department (EDD)
o Department of Housing and Community Development (HCD) o Department of Finance (DOF)
Direct costs associated with purchasing data are included in the budget table in the Budget section.
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Packet Pg. 251 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. (EPS)
7 Task 3: GIS Support
Some of the data collected in Task 2 will be more usefully collected and presented as GIS data to support mapping and other spatial analysis. EPS will coordinate with City staff to avoid duplicating skills/tasks. It is not yet certain which data will be most important to present in this format.
Task 4: Development Site Opportunity Analysis
There are several sites referenced in the Housing Element that may support new development during the 6th Cycle and others may emerge in the coming months. EPS will work with City staff to provide site-specific analysis on an as-needed basis as specific opportunities are identified. This analysis may include a virtual assessment of development capacity and may include financial feasibility analysis to test a range of disposition and development strategies.
Task 5: Policy Analysis
As the HEWG and City staff cue up Housing Element policy discussions for the City Council in the coming year, EPS will provide technical research and analysis. This could include evaluating the City’s current housing policies and procedures, researching best practices in comparable cities, and providing recommendations.
Task 6: As-Needed Technical Support
On a time and materials basis, EPS will be available to provide technical support not anticipated in this scope of work. For budgeting purposes, EPS is establishing a not-toexceed budget of $10,000.
Task 7: Public Presentations
EPS will be available to participate in up to six (6) public meetings (e.g., HEWG, Planning Commission, City Council, or other Board/Commission/Community meetings). If not all of the public meetings are necessary, EPS will not bill for that time or will reallocate budget to other tasks. The EPS budget assumes that presentations will take place in person.
Virtual attendance would result in cost savings. Should it be determined that additional public presentations are needed, they can be accommodated through a scope and budget amendment.
E. Schedule
EPS is available to begin work on this study upon authorization to proceed and is prepared to work with City staff to identify appropriate task deadlines and complete each task on schedule. At a minimum, it is understood that deliverables associated with Task 2 should be available within 30 days of contract authorization and project kick-off. Timely task completion assumes that any required input and data from City staff is provided in a timely manner. In addition, the exact timing of the HEWG meetings and public hearings will be dependent on City meeting schedules and agendas. EPS anticipates finalizing a detailed project schedule in consultation with City staff.
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Packet Pg. 252 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) F. Statement of Compliance
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Packet Pg. 253 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. (EPS)
9 G. Workers’ Compensation Declaration
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Packet Pg. 254 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc.
The Economics of Land Use
Appendix A: Staff Resumes
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Packet Pg. 255 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. 1330 Broadway, Suite 450 Oakland, CA 94612 The Economics of Land Use 510.841.9190 [email protected] www.epsys.com Ashleigh Kanat
Principal
Education
Master of Public Policy,
University of California,
Berkeley, 2004
Bachelor of Arts in American
Studies with a concentration
in Urban Studies, Smith
College, 1998
Previous Employment
Assistant Vice President, New
York City Economic
Development Corporation,
2005–2007
Senior Associate, Rosen
Consulting Group,
2004–2005
Assistant Planner, City of
Piedmont, 1998–2002
Awards
California American Planning
Association 2010—South
Fremont/Warm Springs
Revitalization Plan
California American Planning
Association 2014—Windsor
Station Area Plan
Associations
Lambda Alpha International
San Francisco Planning and
Urban Research Association
(SPUR)
ULI UrbanPlan Volunteer
CREW, San Francisco
ABOUT
Ashleigh Kanat joined EPS in 2007 and has significant experience preparing and evaluating real estate market and financial feasibility analyses, urban revitalization and economic development strategies, public financing and implementation plans, and economic and fiscal impact analyses. She has helped numerous jurisdictions develop approaches and strategies to promote housing production, generally, and affordable housing, specifically. Ashleigh brings technical rigor, creativity, and collaborative project management experience to her projects.
SELECTED PROJECT MANAGEMENT EXPERIENCE
Inclusionary Housing Programs and In-Lieu Fees
For dozens of cities in California, including recent work for Petaluma, Rohnert Park, Healdsburg, Clayton, Atascadero, San Luis Obispo, and Benicia, as well as for Mono County, EPS evaluates and formulates inclusionary policies requiring developers to provide affordable units within their market-rate developments. EPS works with planning and community development staff to identify policy-based inclusionary targets, calculate equivalent in-lieu fees, and evaluate the economic feasibility of such programs.
Affordable Housing Nexus Fee Studies and Commercial Linkage Fees EPS has prepared nexus studies documenting the link between the development and occupancy of new market-rate housing and new nonresidential development and the demand for affordable housing. EPS coordinates with planning staff and local developer stakeholders to establish critical development prototype and cost assumptions, which underpin the fee calculations. EPS evaluates the feasibility of the maximum-justified fees and works with planning and community development staff to recommend fees to mitigate these impacts. Recent clients include Rohnert Park, Petaluma, Mono County, and the Town of Jackson/Teton County, Wyoming.
Mountain Housing Council Housing Implementation Plan
The Mountain Housing Council of the Tahoe/Truckee Community Foundation works to accelerate solutions to local achievable housing, including creating policy recommendations for local jurisdictions, advocating for state housing bills, and creating tools for action. EPS updated the outdated housing needs assessment and facilitated a collaborative process to develop a 3-year Regional Housing Implementation Plan.
Santa Rosa Housing Action Plan and Implementation Support Facing a significant housing supply shortage, the City retained EPS to evaluate the role of impact fees within the larger context of public finance and development feasibility.
This work led to the development of the city’s first Housing Action Plan, focused on addressing how Santa Rosa can increase housing production, working toward a goal of “housing for all.” EPS provided implementation support in the form of framework and policy development, technical analysis, ordinance drafting, and assistance with staff report preparation and public hearing presentations.
Healdsburg Housing Needs Analysis, Action Plan, and Feasibility Analysis EPS assisted the City of Healdsburg with a review and update of the city’s affordable housing policies, with a focus on developing an approach to estimating unmet current and future housing demand. EPS worked with city staff to identify four sites in the city with potential to provide affordable housing. The financial feasibility analysis evaluated several programs per site and tested a range of income levels, development costs, and tax credit scenarios. The City Council is using this analysis to identify priorities for scarce City resources in the coming years.
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Packet Pg. 256 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. 1330 Broadway, Suite 450 Oakland, CA 94612 The Economics of Land Use 510.841.9190 [email protected] www.epsys.com Luke Foelsch
Vice President
Education
Master of Science, Urban and
Regional Planning, University
of Iowa, 2019
Bachelor of Business
Administration, University of
Iowa, 2014
Previous Employment
Urban Planning Intern,
City of Iowa City
Neighborhood and
Development Services
Department
Iowa City, IA
Graduate Teaching and
Research Assistant,
University of Iowa, School of
Urban and Regional Planning
Iowa City, IA
ABOUT
Luke Foelsch joined EPS as an Associate in Summer 2019, bringing experience in economic impact analysis, economic development finance, public policy, and spatial analysis. Since joining EPS, he has gained further experience acting as project manager for various economic and fiscal impact analyses, real estate financial feasibility studies, and in-depth market analyses.
SELECTED PROJECT EXPERIENCE
Google/Lendlease Retail Market Analysis and Project Strategy As part of the master-planning process for three Google-owned future Bay Area retail villages, EPS performed retail market studies and retail demand analyses for each district, considering primary and secondary trade areas in the region.
Retail demand potential, in conjunction with the existing and pipeline retail landscape in the surrounding areas, was translated to a feasible range of marketsupported retail square footage for each neighborhood by retail category.
South San Francisco Firehouse Site Feasibility Analysis EPS was engaged by the City of South San Francisco to review the economic feasibility and risk associated with development of a city-owned property.
Through the analysis of real estate market data, EPS assessed the feasibility of similarly-situated sites in the region and provided an analysis of project development prospects.
Bio-Technology Master Plan Community Benefits Analysis
As part of their Master Planning process, a major biotechnology company proposed a suite of community benefits for the City of South San Francisco in exchange for additional development entitlement sought as part of the master planning process. EPS assessed the value of the additional entitlement sought in comparison with the cost of the proposed suite of community benefits for the city’s consideration of the appropriateness of the proposed benefit package.
Belmont Open Space & Park Improvement Impact Fee Nexus Studies EPS was engaged by the City of Belmont to update their existing Quimby In-Lieu and AB 1600 Park Improvement Impact Fees. Utilizing city service population, parkland inventory, and service standards, EPS calculated updated fees for residential and non-residential land uses.
Google Diridon Station Community Benefits Analysis
EPS was engaged by Google/Lendlease to determine reasonable community benefits contributions based on development entitlements sought in San Jose by the Google Downtown West project near Diridon Station. Utilizing pro forma financial feasibility analyses to estimate value creation above baseline regulatory allowances, EPS derived residual land values to estimate financially feasible benefits.
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Packet Pg. 257 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Economic & Planning Systems, Inc. (EPS)
11 Appendix B: Addenda
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Packet Pg. 258 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) RFP-03-023 Housing Needs Assessment Page 1 of 3
Addendum No. 1
City of Healdsburg
Addendum
Date: Friday, August 4, 2023
Project Name: RFP-03-023 Housing Needs Assessment
Addendum No. 1
Issued To: All registered proposers
The following changes are hereby made to the contract documents:
ITEM 1: REPLIES TO BIDDERS QUESTIONS
1.1 The RFP indicates that “Time is of the essence to complete the Housing Needs Assessment” and that the project is estimated to begin in August 2023. What is the preferred end date for the project? Deadline for final deliverable?
Response: It is anticipated that the Housing Needs Assessment baseline data collection will need to be complete 30 days after the award of contract. The schedule for the remaining deliverables will be developed in conjunction with the City once a vendor is selected.
1.2 Has a Steering Committee been formed for this project? Who is represented on that committee? Response: The Healdsburg Housing Element Work Group is an Ad Hoc Committee that provides the City with input and guidance on the development of the 6th Cycle Housing Element. They are additionally tasked with Housing Element implementation plans that will be informed by data collected from this work.
The following are represented on that committee:
1. Deborah Kravitz, Chair
2. Ari Rosen, Vice-Chair
3. Jim Heid, Committee Member
4. Carrie Hunt, Committee Member
5. Emily Podolak, Committee Member
6. Erica Valdovinos, Committee Member
1.3 Do team members’ resumes count toward the 20-page limit? Response: No.
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Packet Pg. 259 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) RFP-03-023 Housing Needs Assessment Page 2 of 3
Addendum No. 1
1.4 Has the City (or Sonoma County) conducted any previous housing studies? When were those research projects completed?
Response: Yes. The Housing Element was adopted by the Healdsburg City Council on May 1, 2023, and certified by the State on June 29, 2023. Additionally, the Healdsburg General Plan 2030 was adopted July 6, 2009, and includes amendments through January 2015.
1.5 What was the impetus for this study at this time?
Response: Following the certification of the Healdsburg Housing Element the City is creating work plans for the implementation of the Housing Element policies.
1.6 The RFP states that the consultant should assume “at least two (2) public presentations at a City Council meeting and at least four (4) at the Housing Element Work Group meeting.” Do you expect these presentations to be in-person? Do you have estimated dates for these presentations (month/year)?
Response: It is preferred that the selected consultant or the consultant team present the public presentations in person at the City Council meetings and Housing Element Work Group meetings, as these meetings are held in person. However, accommodations can be made for virtual attendance when necessary.
1.7 Will a City representative be available to guide a driving tour of the City? Response: Yes.
1.8 Can the City provide contact information for key stakeholders? Real estate partners, Developers, Housing Authority, etc.?
Response: Yes.
1.9 What is the source of funding for the project?
Response: Measure S Funding.
1.10 What is the total project budget?
Response: The City encourages proposers to submit their best pricing based upon the scope of work identified in the RFP
ITEM 2 AMENDMENTS TO THE CONTRACT DOCUMENTS
2.1 The following documents have been added to the project page as reference information for interested proposers:
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Packet Pg. 260 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) RFP-03-023 Housing Needs Assessment Page 3 of 3
Addendum No. 1
1. City of Healdsburg Housing Element 2023-2031
2. Housing Action Plan
A copy of this addendum, signed by the bidder, must accompany all bids.
Authorized By
__________________________________
Tyler Kettmann Central Services Manager
City of Healdsburg
Accepted By Bidder
Name Company
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Packet Pg. 261 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) RFP-03-023 Housing Needs Assessment Page 1 of 2
Addendum No. 2
City of Healdsburg
Addendum
Date: Monday, August 14, 2023
Project Name: RFP-03-023 Housing Needs Assessment
Addendum No. 2
Issued To: All registered proposers
The following changes are hereby made to the contract documents:
ITEM 1: INFORMATION FOR BIDDERS
1.1 The proposal due date has been extended to Monday August 21, 2023 at 2:00PM PST.
ITEM 2: REPIES TO BIDDERS QUESTIONS
2.1 What is the ideal timeframe for project completion of the three core areas of the contract (analysis, forecast, and GIS)?
Response: The initial baseline data collection will need to be completed 30 days after the award of contract. The schedule for the remaining deliverables will be developed in conjunction with the City once a vendor is selected.
2.2 Are any geographic areas of focus anticipated for targeted study in the Housing Needs Assessment? These may include priority development areas, priority sites, current or future specific plan areas, commercial corridors, central districts, underutilized lands, sites with development interest, prospective SMART train station location(s) for the consideration of transit-oriented development, or other areas of interest to the City of Healdsburg.
Response: Yes. In effort to understand the current housing condition and needs of residents in the City of Healdsburg, multiple geographic areas of focus will be considered.
2.3 Will this work be expected to address the constraints and fair housing issues identified in the City’s recently certified Housing Element?
Response: Yes.
2.4 Community engagement is referenced in the RFP, but the bulk of the language refers to technical aspects of the contract. How does the City envision the selected consultant team supporting the Housing Department with outreach efforts?
Response: The City envisions the selected consultant team to support the Housing Department with outreach endeavors through various strategies. These strategies include conducting surveys to gather community input, community meeting organization and participation to foster dialogue, at least 2 public presentations at a City Council meeting to share progress and findings, and at least 4 public presentations during the Housing Element Work Group meetings to ensure transparency. The City remains open to the selected vendors additional and unique community engagement efforts that align with the project’s objectives.
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Packet Pg. 262 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) RFP-03-023 Housing Needs Assessment Page 2 of 2
Addendum No. 2
A copy of this addendum, signed by the proposer, must accompany all proposals.
Authorized By
__________________________________
Tyler Kettmann Central Services Manager
City of Healdsburg
Accepted By Bidder
Name Company
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Packet Pg. 263 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) EPS Proposed Budget
As shown in Table 1, EPS anticipates that this project will require a not-to-exceed budget of $75,800. This budget includes a $10,000 set-aside for Task 6, which is as-needed technical support for unanticipated tasks. EPS charges for its services on a direct-cost (hourly billing rates plus direct expenses), not-to-exceed basis; therefore, the City will be billed only for the work completed up to the authorized budget amount. The budget estimate covers all direct expenses associated with completing the tasks, including data acquisition and travel to in-person meetings.
Note that EPS may redistribute the overall budget allocation among approved tasks, and/or among staff as necessary, provided that the total budget is not exceeded. Hourly rates shown are for the current calendar year and are subject to annual change. Invoices are submitted monthly and are payable within one month of receipt.
Table 1 Project Budget
Principal- Project Staff
in-Charge Manager Associate Cost Direct Grand
Task / Description Kanat Foelsch Allen Subtotal Costs [1] Total Task 1: Project Initiation and Ongoing
Project Management
12 12 4 $7,440 $0 $7,440
Task 2: Housing Needs Assessment
Research and Data Analysis
8 24 40 $16,320 $1,000 $17,320
Task 3: GIS Support 2 40 0 $10,800 $0 $10,800
Task 4: Development Site Opportunity
Analysis
8 16 8 $8,040 $0 $8,040
Task 5: Policy Analysis 8 16 8 $8,040 $0 $8,040
Task 6: As-Needed Technical Support [2] $10,000
Task 7: Public Presentations [3] 18 24 12 $13,860 $300 $14,160 TOTAL 56 132 72 $75,800
2023 Hourly Billing Rates [4] $300 $255 $195
[1] Direct costs include data acquisition (CoStar and JobsEQ) if applicable. [3] Up to six (6) public meetings are budgeted.
[4] Billing rates are effective in 2023 and subject to annual revision.
EPS Staffing
[2] On a time and materials basis, EPS will be available to provide technical support not anticipated in this scope of work. For budgeting purposes, EPS is establishing a not-to-exceed budget of $10,000.
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Packet Pg. 264 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) 2023 Hourly Billing Rates
Oakland and Los Angeles Offices
Managing Principal $325
Senior Principal $375
Principal $300
Executive/Senior Vice President $275
Vice President $255
Senior Technical Associate $275
Senior Associate $230
Associate $195
Research Analyst II $170
Research Analyst I $120
Production and Administrative Staff $120
Billing rates updated annually.
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Packet Pg. 265 Attachment: Exhibit C - EPS Proposal (4150 : Housing Needs Assessment) Resolution No.
Exhibit A
Account Number Increase Amount Decrease Amount Description 106-2022-43205-00000 $ 100,000 Re-budget Measure S funding for Housing Element Implementation FY 23-24 Budget Amendment
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Packet Pg. 266 Attachment: Exhibit A - Budget Amendment (4150 : Housing Needs Assessment)
CITY OF HEALDSBURG
RESOLUTION NO. 7-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG ESTABLISHING THE HOUSING ELEMENT
WORK GROUP TO PROVIDE INPUT AND GUIDANCE ON
THE DEVELOPMENT OF THE CITY’S 6TH CYCLE GENERAL
PLAN HOUSING ELEMENT AND RESCINDING
RESOLUTION NO. 91-2019 RELATED TO THE WORKPLAN
AND RESPONSIBILITIES OF THE COMMUNITY HOUSING
COMMITTEE
WHEREAS, the Healdsburg 2030 General Plan provides a comprehensive long-range plan used to inform and guide decision-making by residents, property owners, business interests, and elected and appointed City officials principally regarding the public and private land use and development that shapes Healdsburg’s physical environment; and WHEREAS, State law requires that the Housing Element of the General Plan be updated every 8 years; and
WHEREAS, a comprehensive revision of the General Plan Housing Element was adopted by the City Council on November 17, 2014 and certified by the State on January 8, 2015; and WHEREAS, the City’s current Housing Element, which is the 5th Cycle Housing Element, is set to expire on January 15, 2023 and as part of Housing Element Law, the City is required to adopt a new Housing Element for the 6th Cycle which will cover a planning period of January 31, 2023 through January 31, 2031; and
WHEREAS, housing issues affect the entire community and public participation in the Housing Element development process is a critical component in ensuring residents, employers, and the public and private sectors have an opportunity to engage in a dialogue to identify problems and create solutions to the housing needs in a community; and WHEREAS, Government Code 65583(c)(7) requires that: “the local government(s) shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element;” and
WHEREAS, on June 7th, 2021, the City Council provided direction to staff to create an application process to seek members for an advisory group to provide input on the development of the City’s General Plan Housing Element named the Housing Element Work Group (HEWG) and formed a subcommittee of the Council to review applications and recommend appointments to the HEWG; and
WHEREAS, the City publicly noticed the application period for the HEWG and the Council subcommittee reviewed the submitted applications and have made recommendations on the appointments to the HEWG.
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Packet Pg. 267 Attachment: cc_res_2022-7_Exhibit B (4150 : Housing Needs Assessment) Resolution No. 7-2022