Cities Index.
Agenda packet, regular meeting

Healdsburg City Council
August 5, 2024

Document
Agenda packet, regular meeting
Meeting
August 5, 2024
Body
Healdsburg City Council
Pages
28
Original file
10.5 MB
Text extracted from the city's file for reading and search. Open the original on healdsburgca.iqm2.com. That file is the official record.

c. Third Level - Assistant City Manager (Personnel Director) Review Any grievance not resolved at Level 2 may be submitted to the Assistant City Manager no later than ten (10) working days after the date of the Department Head's written reply. The grievant shall provide the Assistant City Manager with a copy of the Level 1 and Level 2 responses. Within ten (10) working days after receipt of the grievance and the Level 1 and Level 2 responses, the Assistant City Manager or their designee, at their discretion, may conduct an informal hearing involving the parties to the dispute. The Assistant City Manager shall give the grievant a written reply within 10 working days after the meeting. If the grievant is not satisfied with the response, he/she may proceed to Level 4. d. Fourth Level - Arbitration
Any grievance not resolved at Level 3 may be submitted to the State Conciliation Service for advisory arbitration. The representative of the Conciliation Service shall be selected by the parties from a panel of three submitted by the State Conciliation service and each party shall have the right to challenge one name from the panel. The first challenge to be determined by lot and the remaining name shall be the advisory arbitrator. The decision of the arbitrator shall not be binding on either party but shall be advisory to the City Manager whose decision is considered final and binding.
(a) Duties of the Arbitrator - Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Memorandum of Understanding applicable to the grievance. The arbitrator shall not add to, subtract from, modify or disregard any of the term or provisions of the agreement.

The provision for arbitration is not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Memorandum of Understanding or to revise, modify or alter, in any respect, any provision contained in the Memorandum. (b) Payment of Costs -Each party to a hearing before an arbitrator shall bear their own expenses in connection therewith. Either party shall have the right to a reporters' transcript of the hearing provided that this cost is borne by the party requesting. If the other party elects to ut11ize a copy of the transcript, the entire costs shall be divided equally. All fees and expenses of the arbitrator shall be borne one-half by the City and one-half by the grievant. c. Fifth Level - City Manager Review
Any grievance not resolved at Level 4 may be submitted to the City Manager no later than ten (10) working days after the date of the Arbitrator's written reply. The grievant shall provide the City Manager with a copy of the Level 1, Level 2, Level 3 and Level 4 responses. Within ten (10) working days after receipt of the grievance

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Packet Pg. 276 Attachment: IAFF MOU 2024-2027 (4539 : MOU between City of Healdsburg and IAFF)

Page 28 of 29 ends

and the Level 1, 2, 3 and 4 responses, the City Manager or their designee, at their discretion, may conduct an informal hearing involving the parties to the dispute. The City Manager's decision shall be final and binding.

D. REPRESENTATION
The grievant is entitled to representation of their choice at any point in the grievance procedure. If the representative is a fellow employee, that employee shall receive time off from their work assignment for the time of the grievance meeting or hearing plus reasonable travel time. The grievant must inform the Personnel Director whether they will be represented at any meeting regarding the grievance, along with the identity of the representative, at least forty-eight (48) hours prior to the grievance meeting.

E. WAIVER OF GRIEVANCE
Failure by the grievant to appeal their grievance to the next step within the specified time limits of this rule shall constitute a waiver of the right to pursue the grievance further, unless the City has granted an extension of time to a definite date. Failure by the City to respond to the grievance within any of the specified time lines shall entitle the grievant to appeal to the next level of review.

Additionally, failure on the part of an employee or his representative to appear for any scheduled meeting without notification may, in the City's discretion, result in the City's denial of the grievance.

X. MISCELLANEOUS
A. SAVINGS CLAUSE
If any provision of this MOU or the application of such provision should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this MOU shall remain in full force and effect.

B. FULL UNDERSTANDING ACKNOWLEDGEMENT AND MODIFICATION
This agreement sets forth the full and entire understanding of the City and the Union regarding the matters set forth herein. All other prior agreements by the City and Union, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

It is agreed and understood that the City and Union have met and conferred in accordance with the obligations set forth in state law and the City's employee relations policy in reaching this agreement.

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Packet Pg. 277 Attachment: IAFF MOU 2024-2027 (4539 : MOU between City of Healdsburg and IAFF) It is further agreed and understood that the City shall not implement any changes to any matter within the scope of representation as defined by the Meyers-MilliasBrown Act, as amended, that are not covered by this MOU without first having provided the Union with written notice of the proposed policy or course of action and offer to meet and confer to the proposal in accordance with state law and City policy.

C. REOPENER
If at any time during the term of this contract, City and the union representing any other group of employees agree to a reduced employee contribution to PERS, City agrees to reopen negotiations with Union to discuss same.

Approved by the City Council this 5th day of August, 2024.

Designated Representative, City of Healdsburg
_____________________________________
Jeffrey Kay, City Manager
Designated Representative, International
Association of Fire Fighters, Local 2604
_____________________________________
Ken Martin, Labor Relations Representative
_____________________________________
Amanda Newhall, Fire Engineer
Local 2604 President
_____________________________________
Brian Crabb, Fire Engineer
Local 2604 Vice President
_____________________________________
Dean De La Montanya, Firefighter
Local 2604 Secretary
_____________________________________
Mike Jacobs, Firefighter
Local 2604 Treasurer
Approved by City Council Resolution No. XYZ

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Packet Pg. 278 Attachment: IAFF MOU 2024-2027 (4539 : MOU between City of Healdsburg and IAFF)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: City of Healdsburg Salary Schedule, Effective July 1, 2024 PREPARED BY: Renee Senander, Human Resources Manager
STRATEGIC INITIATIVE(S):

Provide Effective Governance
RECOMMENDED ACTION(S):

Adopt a Resolution establishing the salary schedule for July 1, 2024.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The City Council is responsible for approving the City’s salary schedule as it corresponds to applicable Memorandums of Understanding, Compensation and Benefit Agreements, and associated personnel changes to a position.

DISCUSSION/ANALYSIS:

During the negotiating process the City Council provided direction to the City’s negotiating team. The City concluded negotiations with Healdsburg Police Officer’s Association (“HPOA”), International Fire Fighters Association (“IAFF”), Mid-Management and Professionals Association (“MMPEA”), and Executive Management prior to June 30, 2024. The negotiated cost of living adjustment for fiscal year 2024-25 is 3%, which is outlined in the respective Memorandums of Understanding (“MOU”s) and Compensation & Benefits Agreements, subject to City Council’s approval on August 5th, 2024.

The existing MOU for International Brotherhood of Electrical Workers (“IBEW”) is in place through June 30, 2025. The negotiated cost of living adjustment approved for fiscal year 2024-25 is 2.4%.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

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Packet Pg. 279
ALTERNATIVES:

Council may choose not to adopt the resolution and keep the current salary schedule. If that direction is provided, staff requests additional direction.

FISCAL IMPACT:

The Fiscal Year 2024-25 Adopted Budget includes sufficient appropriations to accommodate the proposed salary schedule.

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENT(S):

Resolution
Salary Schedule 7-1-2024

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CITY OF HEALDSBURG
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE CITY OF HEALDSBURG
SALARY SCHEDULE EFFECTIVE JULY 1, 2024
WHEREAS, representatives of the City of Healdsburg have met and conferred with representatives of the Healdsburg Police Officers Association (“HPOA”), International Fire Fighters Association (“IAFF”), International Brotherhood of Electrical Workers (“IBEW”), MidManagement and Professional Employees Association (“MMPEA”) and the Executive Management team; and
WHEREAS, the City Council provided direction during the negotiation process regarding wages and fiscal year cost of living adjustments during the term of the Memorandum of Understanding (“MOU”) and Compensation and Benefit Agreements; and WHEREAS, agreement regarding the revisions of wages has been reached as reflected in the IBEW MOU dated September 21, 2022, Executive Management Agreement dated June 17, 2024, MMPEA Agreement dated August 5, 2024, and HPOA and IAFF MOU dated August 5, 2024, and as shown in Exhibit “B”, incorporated herein by reference and titled “Salary Schedule July 1, 2024”.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby approve the above-cited Salary Schedule for established full-time positions the period of July 1, 2024 through June 30, 2025 and may not be amended other than by mutual consent or as otherwise stipulated. This Resolution and Exhibit B shall supersede and replace the salary ranges listed in Exhibit A to Resolution No. 132-2023.

PASSED, APPROVED AND ADOPTED this 5
th day of August 2024 by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ___________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 281 Attachment: Resolution (4541 : City of Healdsburg FTE Salary Schedule) A step B step
C stepD stepE stepA step B stepC stepD stepE step
$16,446.00 $17,267.90 $18,132.39 $19,038.11 $19,990.57 $94.88 $99.62 $104.61 $109.84 $115.33 $24,049.81 $138.75
$14,767.86 $15,506.79 $16,281.80 $17,096.89 $17,950.73 $85.20 $89.46 $93.93 $98.64 $103.56 $14,345.89 $15,062.35 $15,816.99 $16,607.27 $17,438.25 $82.76 $86.90 $91.25 $95.81 $100.61 $14,345.89 $15,062.35 $15,816.99 $16,607.27 $17,438.25 $82.76 $86.90 $91.25 $95.81 $100.61 $15,377.94 $16,147.87 $16,954.68 $17,802.22 $18,693.03 $88.72 $93.16 $97.82 $102.71 $107.84 $13,628.59 $14,309.23 $15,026.15 $15,776.91 $16,566.35 $78.63 $82.55 $86.69 $91.02 $95.58 $16,001.52 $16,801.97 $17,641.89 $18,523.77 $19,450.22 $92.32 $96.93 $101.78 $106.87 $112.21 $14,926.17 $15,671.91 $16,457.10 $17,280.47 $18,145.82 $86.11 $90.41 $94.94 $99.69 $104.69 $16,487.64 $17,312.28 $18,177.64 $19,087.53 $20,043.24 $95.12 $99.88 $104.87 $110.12 $115.63 $8,465.24 $8,896.66 $9,349.69 $9,826.91 $10,328.31 $48.84 $51.33 $53.94 $56.69 $59.59 Job Classification

EXECUTIVE MANAGEMENT
Assistant City Manager
City Manager
Community Development Director
Community Services Director
Finance Director
Fire Chief
Housing Director
Police Chief
Public Works Director
Utilities Director
Human Resources Analyst
Chief Human Resources Officer $10,952.97 $11,511.50 $12,099.44 $12,716.78 $13,364.84 $63.19 $66.41 $69.80 $73.37 $77.10 MID-MGT & PROF EMPS ASSOC. A step B stepC stepD stepE stepA step B stepC stepD stepE step Accountant $7,895.11 $8,297.27 $8,721.04 $9,166.43 $9,633.48 $45.55 $47.87 $50.31 $52.88 $55.58 Accounting Manager $9,487.34 $9,961.70 $10,459.81 $10,982.78 $11,531.92 $54.73 $57.47 $60.35 $63.36 $66.53 Administrative Analyst I $7,105.61 $7,460.89 $7,833.94 $8,225.63 $8,636.92 $40.99 $43.04 $45.20 $47.46 $49.83 Administrative Analyst II $7,895.11 $8,297.27 $8,721.05 $9,166.43 $9,633.48 $45.55 $47.87 $50.31 $52.88 $55.58 Assistant Engineer $7,637.87 $8,027.28 $8,436.16 $8,866.68 $9,318.83 $44.06 $46.31 $48.67 $51.15 $53.76 Associate Civil Engineer $8,985.74 $9,443.86 $9,924.91 $10,431.40 $10,963.33 $51.84 $54.48 $57.26 $60.18 $63.25 Building Official $10,747.22 $11,284.57 $11,848.80 $12,441.24 $13,063.30 $62.00 $65.10 $68.36 $71.78 $75.37 Central Services Manager $9,487.34 $9,961.70 $10,459.81 $10,982.78 $11,531.92 $54.73 $57.47 $60.35 $63.36 $66.53 Chief Information and Security Officer $12,079.48 $12,683.45 $13,317.62 $13,983.50 $14,682.69 $69.69 $73.17 $76.83 $80.67 $84.71 City Clerk $9,678.51 $10,162.43 $10,670.57 $11,204.08 $11,764.30 $55.84 $58.63 $61.56 $64.64 $67.87 City Clerk/Public Information Officer $11,130.28 $11,686.79 $12,271.15 $12,884.71 $13,528.95 $64.21 $67.42 $70.80 $74.33 $78.05 Deputy City Clerk $7,140.32 $7,502.29 $7,886.18 $8,287.94 $8,711.59 $41.19 $43.28 $45.50 $47.82 $50.26 Electric Operations Superintendent $13,722.61 $14,408.61 $15,129.04 $15,885.50 $16,679.77 $79.17 $83.13 $87.28 $91.65 $96.23 Emergency Response Coordinator $8,418.89 $8,839.84 $9,281.84 $9,745.93 $10,233.21 $48.57 $51.00 $53.55 $56.23 $59.04 Monthly Salary Hourly Equivalents
Salary Schedule: effective July 1, 2024

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Packet Pg. 282 Attachment: Salary Schedule 7-1-2024 (4541 : City of Healdsburg FTE Salary Schedule) MID-MGT & PROF EMPS ASSOC.

A step B stepC stepD stepE stepA step B stepC stepD stepE step Finance Manager $10,431.40 $10,963.34 $11,523.27 $12,111.22 $12,728.42 $60.18 $63.25 $66.48 $69.87 $73.43 Fire Marshal/Division Chief $12,422.47 $13,043.59 $13,695.78 $14,380.56 $15,099.59 $71.67 $75.25 $79.01 $82.96 $87.11 Information Technology Manager $11,184.70 $11,743.94 $12,331.13 $12,947.69 $13,595.08 $64.53 $67.75 $71.14 $74.70 $78.43 Parks and Open Space Superintendent $9,630.36 $10,111.88 $10,617.48 $11,148.35 $11,705.76 $55.56 $58.34 $61.25 $64.32 $67.53 Police Lieutenant $12,792.36 $13,431.98 $14,103.57 $14,808.76 $15,548.84 $73.80 $77.49 $81.37 $85.44 $89.70 Police Social Services Team Member $7,469.13 $7,842.59 $8,234.71 $8,646.45 $9,078.76 $43.09 $45.25 $47.51 $49.88 $52.38 Principal Civil Engineer $11,903.77 $12,500.62 $13,125.47 $13,780.83 $14,470.58 $68.68 $72.12 $75.72 $79.50 $83.48 Project Manager $8,536.46 $8,971.67 $9,428.66 $9,909.83 $10,415.17 $49.25 $51.76 $54.40 $57.17 $60.09 Public Information & Community Outreach $7,656.02 $8,038.83 $8,440.77 $8,862.80 $9,305.95 $44.17 $46.38 $48.70 $51.13 $53.69 Recreation Manager $9,253.66 $9,716.36 $10,202.17 $10,712.28 $11,247.89 $53.39 $56.06 $58.86 $61.80 $64.89 Recreation Supervisor $7,219.39 $7,587.17 $7,974.02 $8,381.25 $8,808.84 $41.65 $43.77 $46.00 $48.35 $50.82 Senior Civil Engineer $10,535.75 $11,074.06 $11,637.79 $12,232.10 $12,855.68 $60.78 $63.89 $67.14 $70.57 $74.17 Senior Planner $10,431.40 $10,963.33 $11,523.27 $12,111.22 $12,728.42 $60.18 $63.25 $66.48 $69.87 $73.43 Senior Project Manager $10,167.00 $10,686.47 $11,230.48 $11,803.99 $12,405.73 $58.66 $61.65 $64.79 $68.10 $71.57 Utilities Engineering Manager $13,120.14 $13,776.15 $14,464.96 $15,188.21 $15,947.60 $75.69 $79.48 $83.45 $87.62 $92.01 Utility Maintenance Superintendent $10,963.77 $11,511.95 $12,087.57 $12,693.05 $13,326.55 $63.25 $66.42 $69.74 $73.23 $76.88 Utility Safety Compliance Coordinator $8,047.57 $8,449.94 $8,872.44 $9,316.05 $9,781.86 $46.43 $48.75 $51.19 $53.75 $56.43 Water and Wastewater Operations Superintendent $11,582.09 $12,161.19 $12,769.26 $13,407.72 $14,078.10 $66.82 $70.16 $73.67 $77.35 $81.22 HBG POLICE OFFICERS ASSOC A step B stepC stepD stepE stepA step B stepC stepD stepE step Police Dispatcher I $5,886.99 $6,187.30 $6,501.65 $6,833.80 $7,175.48 $33.96 $35.70 $37.51 $39.43 $41.40 Police Dispatcher II $6,187.30 $6,501.64 $6,833.79 $7,176.11 $7,534.92 $35.70 $37.51 $39.43 $41.40 $43.47 Police Dispatch Supervisor $8,702.84 $9,137.99 $9,594.89 $10,074.63 $10,578.36 $50.21 $52.72 $55.36 $58.12 $61.03 Police Officer $8,044.64 $8,446.89 $8,869.22 $9,312.69 $9,778.32 $46.41 $48.73 $51.17 $53.73 $56.41 Police Officer Recruit $7,642.41 $8,024.55 $8,425.76 $8,847.06 $9,289.41 $44.09 $46.30 $48.61 $51.04 $53.59 Police Records Technician $5,850.88 $6,148.15 $6,462.44 $6,792.42 $7,132.04 $33.76 $35.47 $37.28 $39.19 $41.15 Police Records Supervisor $7,236.99 $7,598.84 $7,978.79 $8,377.73 $8,796.60 $41.75 $43.84 $46.03 $48.33 $50.75 Police Sergeant $10,068.84 $10,572.30 $11,100.91 $11,655.94 $12,238.75 $58.09 $60.99 $64.04 $67.25 $70.61 Police Technician $5,139.83 $5,403.03 $5,678.03 $5,967.44 $6,265.79 $29.65 $31.17 $32.76 $34.43 $36.15 INT'L ASSOC OF FIREFIGHTERS A step B stepC stepD stepE stepA step B stepC stepD stepE step Fire Captain (56 hr. work week) $9,157.01 $9,623.31 $10,114.49 $10,630.55 $11,172.83 $37.73 $39.66 $41.68 $43.81 $46.04 Fire Engineer (56 hr. work week) $8,282.17 $8,704.41 $9,148.63 $9,614.87 $10,104.48 $34.13 $35.87 $37.70 $39.62 $41.64 Fire Engineer (40 hr.work week) $8,282.17 $8,704.41 $9,148.63 $9,614.87 $10,104.48 $47.78 $50.22 $52.78 $55.47 $58.30 Salary Schedule July 1, 2024

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Packet Pg. 283 Attachment: Salary Schedule 7-1-2024 (4541 : City of Healdsburg FTE Salary Schedule)

INT'L ASSOC OF FIREFIGHTERS
A step B stepC stepD stepE stepA step B stepC stepD stepE step Firefighter (56 hr. work week) $7,504.00 $7,887.78 $8,289.90 $8,712.98 $9,157.01 $30.92 $32.50 $34.16 $35.91 $37.73 Firefighter (40 hr. work week) $7,504.00 $7,887.78 $8,289.90 $8,712.98 $9,157.01 $43.29 $45.51 $47.83 $50.27 $52.83 Fire Inspector (40 hr. work week) $8,704.42 $9,148.63 $9,614.85 $10,104.47 $10,620.22 $50.22 $52.78 $55.47 $58.30 $61.27

INT'L BROTHERHOOD OF ELECTRICAL WORKERS

A step B stepC stepD stepE stepA step B stepC stepD stepE step Accounting Assistant I $4,810.48 $5,051.00 $5,303.57 $5,568.75 $5,847.18 $27.75 $29.14 $30.60 $32.13 $33.73 Accounting Assistant II $5,271.97 $5,548.54 $5,823.59 $6,120.92 $6,432.15 $30.42 $32.01 $33.60 $35.31 $37.11 Accounting Technician $6,120.92 $6,432.15 $6,761.08 $7,105.21 $7,468.33 $35.31 $37.11 $39.01 $40.99 $43.09 Administrative Technician $6,761.08 $7,105.22 $7,468.32 $7,849.12 $8,248.93 $39.01 $40.99 $43.09 $45.28 $47.59 Assistant Planner $6,652.46 $6,985.08 $7,334.35 $7,701.06 $8,086.11 $38.38 $40.30 $42.31 $44.43 $46.65 Building Inspector I $7,542.97 $7,927.57 $8,332.43 $8,757.52 $9,204.14 $43.52 $45.74 $48.07 $50.52 $53.10 Building Inspector II $8,007.28 $8,415.93 $8,844.83 $9,295.23 $9,769.67 $46.20 $48.55 $51.03 $53.63 $56.36 Building Maintenance Technician I $5,368.36 $5,636.79 $5,918.63 $6,214.55 $6,525.28 $30.97 $32.52 $34.15 $35.85 $37.65 Building Maintenance Technician II $5,881.79 $6,181.63 $6,496.67 $6,828.13 $7,177.33 $33.93 $35.66 $37.48 $39.39 $41.41 Development Services Technician I $6,172.93 $6,481.58 $6,805.66 $7,145.94 $7,503.24 $35.61 $37.39 $39.26 $41.23 $43.29 Development Services Technician II $6,761.08 $7,105.22 $7,468.32 $7,849.12 $8,248.93 $39.01 $40.99 $43.09 $45.28 $47.59 Electric Engineering Technician I $7,966.79 $8,365.33 $8,784.10 $9,223.12 $9,684.91 $45.96 $48.26 $50.68 $53.21 $55.87 Electric Engineering Technician II $8,374.18 $8,792.95 $9,233.24 $9,695.03 $10,179.58 $48.31 $50.73 $53.27 $55.93 $58.73 Electric Coordinator/Inspector $8,579.30 $9,008.26 $9,458.68 $9,931.61 $10,428.19 $49.50 $51.97 $54.57 $57.30 $60.16 Electric Line Foreman $11,457.33 $12,030.21 $12,631.70 $13,263.30 $13,926.46 $66.10 $69.41 $72.88 $76.52 $80.34 Electric Materials Technician $7,205.09 $7,565.35 $7,943.62 $8,340.79 $8,757.83 $41.57 $43.65 $45.83 $48.12 $50.53 Electric Meter Technician $8,801.81 $9,242.09 $9,703.87 $10,189.71 $10,699.57 $50.78 $53.32 $55.98 $58.79 $61.73 Electric Meter Technician- Apprentice $6,992.67 $7,342.31 $7,709.42 $8,094.89 $8,499.64 $40.34 $42.36 $44.48 $46.70 $49.04 Engineering Technician $6,761.08 $7,105.22 $7,468.32 $7,849.12 $8,248.93 $39.01 $40.99 $43.09 $45.28 $47.59 Facility Worker $4,820.31 $5,065.76 $5,325.12 $5,595.86 $5,881.79 $27.81 $29.23 $30.72 $32.28 $33.93 Fleet Mechanic $7,393.68 $7,771.96 $8,167.96 $8,584.19 $9,021.96 $42.66 $44.84 $47.12 $49.52 $52.05 Geographic Information System Technician $7,580.92 $7,960.48 $8,359.00 $8,776.51 $9,215.52 $43.74 $45.93 $48.23 $50.63 $53.17 Industrial Electrician $9,108.46 $9,563.88 $10,042.06 $10,544.17 $11,071.39 $52.55 $55.18 $57.93 $60.83 $63.87 Industrial Mechanic $7,430.36 $7,802.33 $8,192.00 $8,601.92 $9,032.07 $42.87 $45.01 $47.26 $49.63 $52.11 Instrumentation Technician $9,108.46 $9,563.88 $10,042.06 $10,544.17 $11,071.39 $52.55 $55.18 $57.93 $60.83 $63.87 Information Technology Engineering Specialist $7,467.81 $7,841.20 $8,233.27 $8,644.92 $9,077.17 $43.08 $45.24 $47.50 $49.87 $52.37 Laboratory Analyst $7,611.42 $7,992.00 $8,391.60 $8,811.17 $9,251.74 $43.91 $46.11 $48.41 $50.83 $53.38 Lineworker/Troubleshooter $10,369.61 $10,888.09 $11,432.49 $12,004.13 $12,604.31 $59.82 $62.82 $65.96 $69.25 $72.72 Lineworker/Troubleshooter Apprentice $7,535.89 $7,912.70 $8,308.32 $8,723.72 $9,159.92 $43.48 $45.65 $47.93 $50.33 $52.85 Salary Schedule July 1, 2024

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Packet Pg. 284 Attachment: Salary Schedule 7-1-2024 (4541 : City of Healdsburg FTE Salary Schedule)

INT'L BROTHERHOOD OF ELECTRICAL WORKERS

A step B stepC stepD stepE stepA step B stepC stepD stepE step Mechanic - Equipment Service Writer $8,499.45 $8,933.40 $9,388.85 $9,867.09 $10,370.62 $49.04 $51.54 $54.17 $56.93 $59.83 Office Assistant I $4,668.66 $4,902.09 $5,147.20 $5,404.56 $5,674.79 $26.93 $28.28 $29.70 $31.18 $32.74 Office Assistant II $5,116.37 $5,378.25 $5,652.80 $5,939.99 $6,244.89 $29.52 $31.03 $32.61 $34.27 $36.03 Park Maintenance Worker I $5,271.97 $5,541.47 $5,823.59 $6,120.92 $6,432.15 $30.42 $31.97 $33.60 $35.31 $37.11 Park Maintenance Worker II $5,765.40 $6,060.18 $6,368.89 $6,694.03 $7,035.63 $33.26 $34.96 $36.74 $38.62 $40.59 Park Maintenance Foreman $6,496.67 $6,828.13 $7,177.33 $7,542.97 $7,927.57 $37.48 $39.39 $41.41 $43.52 $45.74 Payroll Technician $6,761.08 $7,105.22 $7,468.32 $7,849.12 $8,248.93 $39.01 $40.99 $43.09 $45.28 $47.59 Public Works and Utilities Materials Technician $6,496.67 $6,828.13 $7,177.33 $7,542.97 $7,927.58 $37.48 $39.39 $41.41 $43.52 $45.74 Public Works Field Technician $7,542.97 $7,927.57 $8,332.43 $8,757.52 $9,204.14 $43.52 $45.74 $48.07 $50.52 $53.10 Public Works Inspector $7,542.97 $7,927.57 $8,332.43 $8,757.52 $9,204.14 $43.52 $45.74 $48.07 $50.52 $53.10 Recreation Coordinator I $4,622.33 $4,853.42 $5,096.11 $5,350.92 $5,618.47 $26.67 $28.00 $29.40 $30.87 $32.41 Recreation Coordinator II $5,107.19 $5,362.53 $5,630.66 $5,912.21 $6,207.81 $29.46 $30.94 $32.48 $34.11 $35.81 Senior Accounting Assistant $5,823.59 $6,120.92 $6,432.15 $6,761.08 $7,105.22 $33.60 $35.31 $37.11 $39.01 $40.99 Senior Building Inspector $9,295.23 $9,769.67 $10,268.15 $10,791.94 $11,342.40 $53.63 $56.36 $59.24 $62.26 $65.44 Senior Electric Engineering Technician $9,865.09 $10,358.35 $10,876.28 $11,420.09 $11,991.10 $56.91 $59.76 $62.75 $65.89 $69.18 Senior Laboratory Analyst $8,409.85 $8,830.34 $9,271.84 $9,735.44 $10,222.21 $48.52 $50.94 $53.49 $56.17 $58.97 Senior Public Works Inspector $9,295.23 $9,769.67 $10,268.15 $10,791.94 $11,342.30 $53.63 $56.36 $59.24 $62.26 $65.44 Utility Conservation Analyst $8,326.35 $8,742.69 $9,179.81 $9,638.81 $10,120.75 $48.04 $50.44 $52.96 $55.61 $58.39 Utility Maintenance Foreman $6,820.44 $7,161.48 $7,519.56 $7,895.40 $8,290.32 $39.35 $41.32 $43.38 $45.55 $47.83 Utility Operator $8,332.43 $8,757.52 $9,204.14 $9,673.53 $10,166.94 $48.07 $50.52 $53.10 $55.81 $58.66 Utility Operator-In-Training $7,082.57 $7,443.90 $7,823.51 $8,222.50 $8,641.89 $40.86 $42.95 $45.14 $47.44 $49.86 Utility Worker I $5,271.97 $5,548.55 $5,823.59 $6,120.92 $6,432.15 $30.42 $32.01 $33.60 $35.31 $37.11 Utility Worker II $6,172.93 $6,481.58 $6,805.66 $7,145.94 $7,503.24 $35.61 $37.39 $39.26 $41.23 $43.29 Wastewater Operations Foreman $9,204.14 $9,673.53 $10,166.94 $10,685.67 $11,230.95 $53.10 $55.81 $58.66 $61.65 $64.79 Water Operations Foreman $9,204.14 $9,673.53 $10,166.94 $10,685.67 $11,230.95 $53.10 $55.81 $58.66 $61.65 $64.79 Salary Schedule July 1, 2024

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Packet Pg. 285 Attachment: Salary Schedule 7-1-2024 (4541 : City of Healdsburg FTE Salary Schedule)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: National Opioid Litigation Settlement
PREPARED BY: Katie Edgar, Finance Director
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution authorizing the City Manager to take all necessary actions to settle claims against Kroger Pharmarcy in the National Opioid Litigation (In Re: National Prescription Opiate Litigation (U.S.D.C. Case NO. 1:17-CV-2804)) and execute related settlement agreements.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

In 2021, the City Council adopted Resolution No. 148-2021, which authorized the City Manager to take all necessary actions to join the first wave of settlements in the National Opioids Multidistrict Litigation. The first wave represented four major defendants including McKesson, Cardinal Health and AmerisourceBergen (“Distributors”), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”).

In 2023, the City Council adopted Resolution No. 51-2023, which authorized the City Manager to take all necessary actions to join the second wave of settlements in the National Opioids Multidistrict Litigation. The second wave represented five more defendants, Teva and Allergan (“Manufacturers”), and pharmacy groups Walgreens, Walmart, and CVS (“Pharmacies”).

Another settlement with the chain pharmacy Kroger has been proposed by the Attorney General.

Like the first two waves of settlement agreements, local entities must opt in to receiving funds from this third wave of settlements and the funds must be directed towards abatement of opioid use. The deadline for agencies to submit the necessary documentation to opt in to receiving funds from the Kroger settlement and to approve the associated California State Subdivision Agreements is August 12, 2024.

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Copies of the settlement agreements and helpful flowcharts and FAQs can be found here:
https://oag.ca.gov/opioids/faqs
DISCUSSION/ANALYSIS:

California expects to receive up to approximately $122 million of the national settlement funds resulting from the Kroger Settlement. This is in addition to the approximately $4 billion that California expects to receive through the first and second round of settlements, finalized in 2023.

Like the previous settlements, the more agencies that opt into the Kroger Settlement, the more funds each agency will receive.

The general structure for distributing the roughly $122 million coming to California is as follows:
o 15% to the State; and
o 15% will go to litigating entities to defray litigation costs; and o 70% to an “abatement fund,” which is available to cities and counties that have a population greater than 10,000. Unless the City elects for direct payment, the funds will be directed to the County. Cities will be able to change their election regarding the direct payments each time a payment is made.

As with the previous waves of settlements, proceeds from the Kroger Settlements must be spent on activities to abate the impacts of the opioid crisis, such as providing matching funds for operating costs for substance use disorder (SUD) facilities, creating new or expanded SUD treatment infrastructure, addressing the needs of communities of color and vulnerable populations that are disproportionately impacted by SUD, preventing addiction in vulnerable youth, and dispensing Narcan.

Settlement funds will be dispersed annually to the county. The funds will stay with the county unless the City notifies the Settlement Fund Administrator that the City would rather receive the funds directly. If the City elects to receive the funds, the City will be required to prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. Alternatively, the City can also choose to leave the funds with the County. The City has the option to receive funds directly some years, or have the funds stay with the County in others, provided the City communicates its decision to the Settlement Fund Administrator within 60 days of the annual payment. Consistent with prior action, staff recommend that the City Council adopt a resolution to enter into the settlement agreement and have the funds dispersed directly to the City.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City Council could decline to adopt the resolution. The City would not join the Kroger Settlements and would not receive settlement funds.

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FISCAL IMPACT:

The City could receive up to $32,565, to be used on opioid abatement programs. To date the City has received $99,961 from the first two rounds of settlements. In Fiscal Year 2023-24 the Opioid settlement funds supported an expansion of the Juvenile Diversion Program coordinated by Police Department and contributed towards the purchase of a new vehicle for the police Social Services (CORE) Team Member. Staff continue to explore additional opportunities to provide Opioid abatement including developing plans for distributing Narcan alongside City AED’s. The City will have five years to expend the funds and will be required to complete annual reporting to the California Department of Health Care Services.

ENVIRONMENTAL ANALYSIS:

Adopting the attached resolution is an administrative activity, which is not considered a ‘project’ as defined by the California Environmental Quality Act (“CEQA”) (CEQA Guidelines § 15378) and thus no further CEQA analysis is required.

ATTACHMENT(S):

Resolution

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CITY OF HEALDSBURG
RESOLUTION NO. -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE CITY MANAGER TO

TAKE ALL NECESSARY ACTIONS TO SETTLE CLAIMS

AGAINST KROGER PHARMACY IN THE NATIONAL OPIOID
LITIGATION (IN RE: NATIONAL PRESCRIPTION OPIATE
LITIGATION (U.S.D.C. CASE NO. 1:17-CV-2804)) AND

EXECUTE THE RELATED SETTLEMENT AGREEMENT
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (In Re: National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17- CV-2804) (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and
WHEREAS, in 2021, the City Council authorized the City Manager to take all necessary action to opt-in and join in the settlement of the Nation Opioid Litigation and settle claims against the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson; and
WHEREAS, in 2023 the City Council authorized the City Manager to take all necessary action to opt-in and join in the settlement of the Nation Opioid Litigation and settle claims against five more defendants, Teva and Allergan (“Manufacturers”), and pharmacy groups Walgreens, Walmart, and CVS (“Pharmacies”); and
WHEREAS, on or about March 22, 2024, a proposed nationwide tentative settlement was reached between the plaintiff Kroger; and
WHEREAS, as part of the Kroger Settlement Agreement with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs may participate in the settlements in exchange for a release of the Settling Defendants; and WHEREAS, in order for Healdsburg to participate the City must elect to participate by August 12, 2024, by completing a participation agreement; and WHEREAS, it the intent of this Resolution is to authorize the City of Healdsburg to opt-in and join the settlement of the Nation Opioid Litigation and to enter into the master settlement agreements with the Settling Defendants.

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Packet Pg. 289 Attachment: Resolution (4533 : National Opioid Litigation Settlement) Resolution No. -2024

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Authorize the City Manager to take all necessary actions to join the settlements in the National Opioid Litigation (In Re: National Opiate Litigation (U.S.D.C. Case No. 1:17- CV-2804 and to release any potential claims against the Settling Defendants and accept payment based on the terms and conditions set forth in the Kroger Settlement Agreement; and

2. Authorize the City Manager to execute the Kroger Settlement Agreement and any other necessary documents, in a form approved by the City Attorney, required to join the Kroger Settlement Agreement.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 5 th
day of August 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
_________________________________ ___________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 290 Attachment: Resolution (4533 : National Opioid Litigation Settlement)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Cabernet Road Culvert Replacement Project Bid Award PREPARED BY: Clay Thistle, Senior Engineer
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution conditionally awarding the Cabernet Road Culvert Replacement Project construction contract to Wylatti Resource Management, Inc. in the amount of $294,799.23, authorizing the City Manager to execute the contract; authorizing the City Manager to negotiate and approve contract change orders up to 10% of the original contract amount and amending the Fiscal Year 2024-25 adopted budget.

COMMUNITY ENGAGEMENT/OUTREACH:

The Project was advertised for public bidding in the Santa Rosa Press Democrat and on the City’s website.

Prior to beginning construction, advance notices will be provided to adjacent properties. They will be advised of potential impacts, parking restrictions, and the planned work duration. The City project manager’s direct contact information will be provided for additional information and for any concerns that arise during the construction process.

BACKGROUND:

The Vintage Hills Subdivision constructed in 1978 included construction of Cabernet Road and two approximately 42” diameter corrugated metal culverts. In the winter of 2023 ground subsidence and a sink hole was discovered above the culverts. City Staff investigated and determined that the culverts were failing and in need of replacement.

City Staff solicited proposals from qualified consultant firms with relevant experience to prepare plans, specifications, and cost estimate (PS&E) for replacement of the failing culverts. In response to the solicitation, a single proposal was received from Brelje and Race, Consulting Engineers. City Staff reviewed the proposal and determined that the cost of services was reasonable, and the scope met the City’s needs.

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On June 2, 2024, the City Council approved a Professional Services Agreement with Brelje and Race, Consulting Engineers, in the not-to-exceed amount of $52,500 to prepare plans, specifications, and cost estimate (PS&E) for replacement of the failing culverts.

On July 12, 2024 the Cabernet Road Culvert Replacement Project was advertised, with bids due on July 30, 2024.

The project will remove and replace two failing approximately 42” diameter by 100-foot long culverts, install rock slope stabilization at the inlets and outlets to prevent erosion, and restore the roadway and adjacent land subsidence.

DISCUSSION/ANALYSIS:

A notice inviting bids was advertised in accordance with all applicable procedures, and the City received three bids. The lowest apparent and responsive bid was from Wylatti Resource Management, Inc. of Covelo, California in the amount of $294,799.23 The other bids received ranged from the apparent second low bid of $304,348 to a high bid of $329,254. The low bid was lower than the engineer’s estimate of $309,500.00 by approximately 5%.

Staff recommends a 10% contingency to cover unforeseen conditions for a total project budget of $324,279.15.

The bid from Wylatti Resource Management, Inc. satisfies the bidding requirements for the project as described in the bid instructions. There are no irregularities with the bid and no protests to the bid have been filed as of the time of this report. Staff has verified that Wylatti Resource Management, Inc. possesses the required license and is otherwise qualified to complete the project.

ENVIRONMENTAL STEWARDSHIP:

Reuse and recycling will be used to divert much of the construction waste from landfill.

Concrete and asphalt removed will be delivered to local recyclers for reuse in new paving and concrete products.

ALTERNATIVES:

The City Council could choose to reject all bids and direct staff to postpone the project.

However, if not replaced the culverts will continue to fail, which may result in failure of the roadway and several homes being inaccessible.

FISCAL IMPACT:

The adopted Fiscal Year 2024-25 Budget includes $300,000 of Measure T funding for the Cabernet Road Culvert Replacement Project DR002. Approximately $61,060 has been spent on design, permitting and staff time leaving a remaining budget of $238,940 for construction. The proposed construction contract is $294,799 and the 10% contingency is $29,480 for a total of $324,279, resulting in a funding shortfall of $85,339.

The Adopted Fiscal Year 2023-24 Budget included the Chablis Road Sediment Removal Project DR001 that was funded by $25,000 of Drainage Operating funds to begin design work. During the Budget development process for Fiscal Years 2024-25 & 2025-26 it was determined that the

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Cabernet Road Culvert Replacement Project DR002 was a higher priority, and therefore construction funding for the Chablis Road Sediment Removal Project was not planned until Fiscal Year 2026-27. Staff recommends reallocating the $23,296 of Drainage Operating funds remaining for design of the Chablis Road Sediment Removal Project to the Cabernet Road Culvert Replacement Project. The design of the Chablis Road Sediment Removal Project will be paused until additional funding is allocated in Fiscal Year 2026-27.

The Adopted Fiscal Year 2023-24 Budget included the FY 23-24 Sidewalk Repair and Gap Closure Project ST012 funded by $125,000 in Transportation Development Act Article 3 (TDA) funding, and $25,000 in Measure T funding. The project scope is scalable and there is no required matching for the TDA grant funding. Staff recommends reallocating the remaining $18,428 of Measure T funding available to the Cabernet Road Culvert Replacement Project. The FY 23-24 Sidewalk Repair and Gap Closure Project will continue design work with a reduced scope and be constructed with a reduced total project budget of $131,572.

The Fiscal Year 2023-24 and 2024-25 Budget included the March Avenue Reconstruction Project funded by $276,300 of Measure T Funding, $1,434,000 of SB1 funding, and $700,000 in Sonoma County Tax Measure Grant funding. There is additional SB1 funding available to allocate towards projects, however, this funding is restricted for use on streets projects. Staff are proposing to reallocate $43,615 in Measure T funding from the March Avenue Reconstruction Project to the Cabernet Road Culvert Replacement Project and backfilling the March Avenue Reconstruction Project with $43,615 in additional SB1 Funding. The March Avenue Reconstruction Project would remain whole with a total project funding of $2,410,300.

ENVIRONMENTAL ANALYSIS:

The proposed Cabernet Road Culvert Replacement Project involves the repair and maintenance of an existing public facility involving negligible or no expansion of use therefore is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines 15302(c).

A Notice of Exemption has been filed with the Office of Planning and Research, and the County Clerk.

Required permitting from the Regional Water Quality Control Board, California Department of Fish and Wildlife, and Army Corps of Engineers are anticipated to be issued prior to beginning construction.

ATTACHMENT(S):

Resolution
Exhibit A

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CITY OF HEALDSBURG
RESOLUTION NO. __-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG CONDITIONALLY AWARDING THE

CABERNET ROAD CULVERT REPLACEMENT PROJECT TO
WYLATTI RESOURCE MANAGEMENT, INC. IN THE
AMOUNT OF $294,799.23, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT, AUTHORIZING

THE CITY MANAGER TO NEGOTIATE AND APPROVE
CONTRACT CHANGE ORDERS UP TO 10% OF THE

ORIGINAL CONTRACT AMOUNT, AND AMENDING THE
FISCAL YEAR 2024-2025 ADOPTED BUDGET
WHEREAS, the notice inviting bids for the Cabernet Road Culvert Replacement Project was advertised in accordance with applicable procedures that resulted in the City receiving three bids; and
WHEREAS, the apparent lowest bid was submitted by Wylatti Resource Management, Inc. in the amount of $294; and
WHEREAS, staff has verified that Wylatti Resource Management, Inc. possesses the required license(s) and is otherwise qualified to complete the project; and WHEREAS, staff has reviewed the bid proposal and determined that there are no irregularities; and
WHEREAS, staff recommend awarding the contract to Wylatti Resource Management, Inc. in the amount of $294,799.23; and
WHERAS, staff recommend a 10% contract contingency for a total construction budget of $324,279.15; and
WHEREAS, the proposed Cabernet Road Culvert Replacement Project involves the repair and maintenance of an existing public facility involving negligible or no expansion of use therefore is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines 15302(c).

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

1. Finds the proposed Cabernet Road Culvert Replacement Project involves the repair and maintenance of an existing public facility involving negligible or no expansion of use and therefore is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines 15302(c).

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Packet Pg. 294 Attachment: Resolution (4536 : Cabernet Road Culvert Replacement Project Bid Award) Resolution No. -2024

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2. Conditionally awards the Cabernet Road Culvert Replacement Project to Wylatti Resource Management, Inc.

3. Authorizes the City Manager to execute the Cabernet Road Culvert Replacement Project contract.

4. Authorizes the City Manager to negotiate and approve contract change orders up to ten percent (10%) of the bid amount, issue the notice of award to Wylatti Resource Management, Inc. and to otherwise administer the Project.

5. Approves amending the Fiscal Year 2024-25 budget as depicted on the attached Exhibit A.

PASSED, APPROVED AND ADOPTED, this 5
th
day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
_________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 295 Attachment: Resolution (4536 : Cabernet Road Culvert Replacement Project Bid Award) Resolution No.

Exhibit A
Account Number Increase Amount Decrease Amount Description 532-6165-45000-DR001 $ 23,296 Reduce Chablis Road Sediment Removal Project Budget 532-6165-45000-DR002 $ 23,296 Increase Cabernet Road Culvert Replacement Project Budget 531-8080-42301-00000 $ 23,296 Increase Drainage Operating Transfer Out to Chablis Road Sediment Removal Project 532-1000-39001-00000 $ 23,296 Increase Drainage Operating Transfer In to Chablis Road Sediment Removal Project 512-6162-45000-ST012 $ 18,428 Reduce FY 23-24 Sidewalk Repair and Gap Closure Project 512-1000-39001-00000 $ 18,428 Reduce Measure T Funding Transfer In for FY 23-24 Sidewalk Repair and Gap Closure Project 532-6165-45000-DR002 $ 18,428 Increase Cabernet Road Culvert Replacement Project Budget 532-1000-39001-00000 $ 18,428 Increase Measure T Funding Transfer In for Cabernet Road Culvert Replacement Project 512-6162-45000-ST013 $ 235,000 Reestablish March Ave Reconstruction Project Budget 105-8080-42301-00000 $ 235,000 Reestablish Measure T Funding Transfer Out for March Ave Reconstruction Project 512-1000-39001-00000 $ 235,000 Reestablish Measure T Funding Transfer In for March Ave Reconstruction Project 532-6165-45000-DR002 $ 43,615 Increase Cabernet Road Culvert Replacement Project Budget 532-1000-39001-00000 $ 43,615 Increase Measure T Transfer In for Cabernet Road Culvert Replacement Project Budget 202-8080-42301-00000 $ 43,615 Increase SB1 Transfer Out for March Ave Reconstruction Project FY 24-25 Budget Amendment

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Packet Pg. 296 Attachment: Exhibit A (4536 : Cabernet Road Culvert Replacement Project Bid Award)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Authorize CDW Government LLC Agreement for Microsoft Enterprise Software Renewal
PREPARED BY: Adam McKenna, IT Manager
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution authorizing the City Manager to execute a Purchase Order with CDW Government LLC in the amount of $81,969.25 per year, for three years, totaling $245,907.75 for Microsoft Enterprise Licensing Renewal.

COMMUNITY ENGAGEMENT/OUTREACH:

Not Applicable.

BACKGROUND:

The City manages over 80 virtual and physical computer servers which provide critical services to the day-to-day operation of the City. Additionally, the City manages over 200 desktop and laptop computers that require Microsoft-licensed software. The above-mentioned systems all run on or utilize Microsoft software and the City must maintain appropriate licensing agreements to allow continued use. After evaluating systems for appropriate licensing, staff has selected the reseller CDW Government LLC due to their experience and history working with Microsoft Licensing.

DISCUSSION/ANALYSIS:

The proposed agreement will renew and allow the City continued rights to use the quoted Microsoft server and desktop software. Establishing this agreement will allow staff to continue to operate their technology and carry out their daily duties. Microsoft Enterprise Agreement’s require a three-year term which is reflected in the attached quote. Attachment 1 provides the 3- year quote for required services. Attachment 2 provides the detailed cost breakdown for 1 year of services. Attachment 3 provides the renewal contract.

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Staff proposes to execute an agreement with CDW Government LLC for the Microsoft EA renewal through the existing pre-negotiated County of Riverside - Contract No. PSA-0001522 Cooperative Purchasing Program Master Agreement, as permitted by Section 3.24.080.8 of the City of Healdsburg Municipal Code. Purchasing the software licensing through the Riverside Contract meets all requirements set forth in the City of Healdsburg's Purchasing Policy and ordinance and all requirements set forth by the State of California regarding regional, state, and national cooperative purchasing agreements. This process confirms the City still receives the lowest available pricing and meets the competitive bid process requirements.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

The City Council could choose not to renew the Microsoft Enterprise Licensing Agreement; however, this alternative is not recommended as it would significantly hinder staff efficiencies, contribute to a loss of productivity, and prevent the City from operating critical technology systems.

FISCAL IMPACT:

Staff recommends approving the 3-year renewal quote, provided in Attachment 1 and execution of a Purchase Order for 3 years of Microsoft Enterprise Licensing at $81,969.25 per year for 3 years, totaling $245,907.75. Contract costs are included in the approved budget for Fiscal Year 2024-25 and 2025-26 and will be built into the budget for Fiscal Year 2026-27.

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 1 - CDW Government LLC - Microsoft Enterprise Licensing 3 Year Quote Attachment 2 - CDW Government LLC - Microsoft Enterprise Licensing - First Year Quote Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork

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CITY OF HEALDSBURG
RESOLUTION -2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG AUTHORIZING THE CITY MANAGER TO

EXECUTE A PURCHASE ORDER WITH CDW GOVERNMENT
LLC IN THE AMOUNT OF $81,969.25 PER YEAR FOR 3
YEARS, TOTALING $245,907.75 FOR MICROSOFT

ENTERPRISE LICENSING RENEWAL
WHEREAS, the City of Healdsburg (“City”) manages greater than 80 virtual and physical compute servers that provide critical services to the day-to-day operation of the City; and WHEREAS, the City manages over 200 desktop and laptop computers that require Microsoft-licensed software; and
WHEREAS, all of the above-mentioned systems run on or utilize Microsoft software; and WHEREAS, the City is required to maintain appropriate licensing agreements to allow continued use; and
WHEREAS, staff has selected the reseller CDW Government LLC due to their experience and history working with Microsoft Licensing; and
WHEREAS, by executing the renewal staff will be able to continue to operate their technology and carry out their daily duties; and
WHEREAS, the Microsoft Enterprise Agreement require a three-year term; and WHEREAS, the City intends to execute the renewal agreement and issue a PO to CDW Government LLC through the existing pre-negotiated County of Riverside - Contract No. PSA0001522 Cooperative Purchasing Program Master Agreement, as permitted by Section 3.24.080.8 of the City of Healdsburg Municipal Code; and
WHEREAS, staff recommends that the City Council authorize the City Manager execute a PO with CDW Government LLC in the amount of $81,969.25 per year for 3 years, totaling $245,907.75 for Microsoft Enterprise Licensing Renewal; and WHEREAS, 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.

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

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Packet Pg. 299 Attachment: Resolution (4542 : Authorize CDW Government LLC Agreement for Microsoft Enterprise Software Renewal) Resolution No. -2024

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1. Authorizes the City Manager to execute a Purchase Order with CDW Government LLC in the amount of $81,969.25 per year, for three years, totaling $245,907.75 for Microsoft Enterprise Licensing Renewal.

PASSED, APPROVED and ADOPTED by the City Council of the City of Healdsburg, this 5th day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk

6.M.a
Packet Pg. 300 Attachment: Resolution (4542 : Authorize CDW Government LLC Agreement for Microsoft Enterprise Software Renewal) Date 7/3/24
Account Manager Thomas Hartman
for VSL Specialist Brent Cameron
Channel Price Sheet Month July
Unless otherwise noted, All Quotes expire upon current month's end Microsoft Part # Description Level Quantity Price Extended Price Extended Price Extended AAA-11894 O365 G3 GCC Sub Per User D 193 $245.92 $ 47,462.56 $ 245.92 $ 47,462.56 $ 245.92 $ 47,462.56 MQM-00001 Entra ID P1 GCC Sub Per User D 193 $54.55 $ 10,528.15 $ 54.55 $ 10,528.15 $ 54.55 $ 10,528.15 DDJ-00001 Power BI Pro GCC Sub Per User D 1 $90.76 $ 90.76 $ 90.76 $ 90.76 $ 90.76 $ 90.76 PF1-00002 Project P1 GCC Sub Per User D 1 $90.88 $ 90.88 $ 90.88 $ 90.88 $ 90.88 $ 90.88 NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D 193 $0.00 $ - $ - $ - $ - $ - 7NQ-00292 SQL Server Standard Core ALng SA 2L D 22 $644.92 $ 14,188.24 $ 644.92 $ 14,188.24 $ 644.92 $ 14,188.24 6VC-01254 Win Remote Desktop Services CAL ALng SA UCAL D 10 $23.69 $ 236.90 $ 23.69 $ 236.90 $ 23.69 $ 236.90 9EA-00278 Win Server DC Core ALng SA 2L D 72 $125.87 $ 9,062.64 $ 125.87 $ 9,062.64 $ 125.87 $ 9,062.64 9EM-00270 Win Server Standard Core ALng SA 2L D 16 $19.32 $ 309.12 $ 19.32 $ 309.12 $ 19.32 $ 309.12 Year 1 Total $ 81,969.25 Year 2 Total $ 81,969.25 Year 3 Total $ 81,969.25 Three Year Total $ 245,907.75
No Tax Referenced
Riverside Contract: PSA-0001522
Current EA# 68933308
EA GCC# 6201892
New Term - 8/1/2024 -7/31/2027
Terms and Conditions of sales and services projects are governed by the terms at:
http://www.cdwg.com/content/terms-conditions/product-sales.aspx EA Quote
Customer to make three annual payments to CDW•G
CDW Government, LLC
Microsoft Enterprise 6.6 Agreement Pricing
Enterprise Quote
City of Healdsburg
Terms & Conditions
8/1/2024 - 7/31/2025 8/1/2025 - 7/31/2026 8/1/2026 - 7/31/2027 Notes

6.M.b
Packet Pg. 301 Attachment: Attachment 1 - CDW Government LLC - Microsoft Enterprise Licensing 3 Year Quote (4542 :

6.M.c
Packet Pg. 302
Attachment: Attachment 2 - CDW Government LLC - Microsoft Enterprise Licensing - First Year Quote (4542 : Authorize CDW Government LLC

6.M.c
Packet Pg. 303
Attachment: Attachment 2 - CDW Government LLC - Microsoft Enterprise Licensing - First Year Quote (4542 : Authorize CDW Government LLC

6.M.c
Packet Pg. 304
Attachment: Attachment 2 - CDW Government LLC - Microsoft Enterprise Licensing - First Year Quote (4542 : Authorize CDW Government LLC  



 










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6.M.d
Packet Pg. 309 Attachment: Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork (4542 : Authorize CDW Government 










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Packet Pg. 311 Attachment: Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork (4542 : Authorize CDW Government 










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Packet Pg. 312 Attachment: Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork (4542 : Authorize CDW Government 










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6.M.d
Packet Pg. 313 Attachment: Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork (4542 : Authorize CDW Government 










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6.M.d
Packet Pg. 314 Attachment: Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork (4542 : Authorize CDW Government 










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Packet Pg. 323 Attachment: Attachment 3 - CDW Government LLC - Microsoft Enterprise Licensing - Renewal paperwork (4542 : Authorize CDW Government

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Authorize the Purchase of Replacement Filtration Membranes for Tank at the Water Reclamation Facility
PREPARED BY: Patrick Fuss, Water/Wastewater Engineer
STRATEGIC INITIATIVE(S):

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

Adopt a resolution approving the purchase of wastewater filtration membranes from FilmTec Corporation for an amount not to exceed $212,746; approving the purchase of miscellaneous parts per City purchasing policy up to 2.5% of the membrane purchase amount; and authorizing the City Manager to execute the purchase agreement with Filmtec Corporation on behalf of the City.

COMMUNITY ENGAGEMENT/OUTREACH:

The project was discussed during the recent wastewater rate setting process as well as during the FY 2024-25 biennial budgeting process.

BACKGROUND:

The City operates an advanced wastewater treatment plant under a permit administered by the State of California’s North Coast Regional Water Quality Control Board (“Regional Board”).

The Regional Board adopted the Water Quality Control Plan for the North Coast Region (the “Basin Plan”) with the intent to protect the waters of the North Coast. One of the goals of the Basin Plan is to prevent the discharge of “waste” to specific North Coastal basins. For the City of Healdsburg, the Regional Board enacted a seasonal prohibition of discharge to the Russian River and its tributaries from May 15 to September 30. Additionally, per the Basin Plan, the Regional Board requires that “discharges of municipal waste during October 1 through May 14 be of “advanced treated wastewater”. To comply with these requirements, the City upgraded its wastewater treatment plant to provide high quality tertiary advanced-treated disinfected wastewater.

6.N
Packet Pg. 324
The tertiary treatment is achieved through microfiltration of the wastewater which is being treated by bacteria in a biological process. Micro filtration has an effective pore size of 0.04 microns which filters out all bacteria (process bacteria and pathogens) as well as most viruses.

Once passed through the microfiltration the water is further treated by ultraviolet light as a disinfection measure.

Pursuant to Section 3.24.020.H. of the Healdsburg Municipal Code, (HMC), “Routine Maintenance’ is defined as the as the regular and general upkeep of a building, equipment, machine, plants, or system for ongoing/day-to-day City operations. Examples of routine maintenance include, but are not limited to: 1. Membrane and meter replacement...” HMC Section 3.24.055.E specifies that, “Routine maintenance agreements or purchases over $150,000 shall be awarded by City Council resolution following a sealed competitive bid process…”.

Because the proposed purchase is from a sole source supplier, HMC Section 3.24.080.A.1 provides an exemption from the typical sealed competitive bid requirements for Routine Maintenance purchases.

Staff recommends that the City Council approve the purchase of wastewater filtration membranes from FilmTec Corporation for an amount not to exceed $212,746; approves the purchase of miscellaneous parts per City purchasing policy up to 2.5% of the membrane purchase amount; and authorized the City Manager to execute the purchase agreement on the City’s behalf.

DISCUSSION/ANALYSIS:

The Water Reclamation Facility came on-line in 2008. The filters installed with the treatment plant are currently manufactured by Filmtec Corporation who is represented by DuPont Water Solutions in the Healdsburg area. The installation requirements for filters from various manufacturers are proprietary, making filters from competing companies not interchangeable without a major rework of the piping and support structure.

The membranes have an expected useful life of 10 to 15 years. The membranes planned for replacement were installed in 2010 and have been in service for approximately 14 years. The throughput in these filters has deteriorated significantly and is impacting the plant’s overall treatment capacity. Because the membranes are essential to the treatment system, these filters should not be run to failure. The age of the filters coupled with the impaired performance indicates they have reached the end of their useful life and should be replaced.

ENVIRONMENTAL STEWARDSHIP:

The membranes at the Water Reclamation Facility are essential to provide the level of treatment required by the City’s discharge permit. The discharge permit has been developed by the Regional Board to safeguard the environment in accordance with the Water Quality Control Plan for the North Coast Region (the “Basin Plan”) with the intent to protect the waters of the North Coast. Continued operation of the City’s Water Reclamation Facility within regulatory compliance obligations helps to protect our waters.

6.N
Packet Pg. 325
ALTERNATIVES:

The City Council may choose not to authorize the purchase of the replacement membranes. Staff does not recommend this approach as replacement of the membranes is the most cost-effective approach to maintain proper operations of the Water Reclamation Facility.

FISCAL IMPACT:

The anticipated cost consists of the following:

Membranes and accessories $186,400
Sales Tax $16,776
Shipping $9,300
Subtotal $212,476
Miscellaneous Item Contingency 2.5% $5,312
Total Requested Authorization $217,788
The budget approved for the project in the fiscal year 2024-25 budget included $266,000 for the purchase of replacement membranes. The existing approved budget is sufficient for the recommended purchase and requires no additional appropriations.

ENVIRONMENTAL ANALYSIS:

The work associated with the project is maintenance/replacement of existing equipment, which is a Class 1 and Class 2 exemption per California Environmental Quality (CEQA) Guideline Section 15301 and 15302, respectively.

ATTACHMENT(S):

Resolution

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Packet Pg. 326

CITY OF HEALDSBURG
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE PURCHASE OF WASTEWATER

FILTRATION MEMBRANES FROM FILMTECH CORPORATION
FOR AN AMOUNT NOT TO EXCEED $212,476; APPROVING THE

PURCHASE OF MISCELLANEOUS PARTS PER CITY PURCHASING
POLICY UP TO 2.5% OF THE MEMBRANE PURCHASE AMOUNT;

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PURCHASE AGREEMENT WITH FILMTEC CORPORATION ON

BEHALF OF THE CITY
WHEREAS, the City of Healdsburg has a requirement in its wastewater discharge permit to provide tertiary treatment of wastewater; and
WHEREAS, the City has constructed an advanced Water Reclamation Facility that uses micro filtration membranes to provide the required tertiary treatment; and WHEREAS, the original membranes were installed in 2008 have a 10 to 15-year useful life and are exhibiting a declined throughput; and
WHEREAS, replacement membranes from competing manufacturers are not interchangeable requiring a sole source purchase; and
WHEREAS, the City has received a quotation for replacement membranes for one tank which is consistent with estimates and will provide the City a good value; and WHEREAS, funds have been identified in the fiscal year 2024-25 budget sufficient to fund the base purchase price and recommended contingency; and WHEREAS, Pursuant to Section 3.24.020.H. of the Healdsburg Municipal Code, (HMC), “Routine Maintenance’ is defined as the as the regular and general upkeep of a building, equipment, machine, plants, or system for ongoing/day-to-day City operations. Examples of routine maintenance include, but are not limited to: 1. Membrane and meter replacement...”; and WHEREAS, HMC Section 3.24.055.E specifies that, “Routine maintenance agreements or purchases over $150,000 shall be awarded by City Council resolution following a sealed competitive bid process…”; and
WHEREAS, because the proposed purchase is from a sole source supplier, HMC Section

3.24.080.A.1 provides an exemption from the typical sealed competitive bid requirements for Routine Maintenance purchases; and
WHEREAS, staff are recommending Council approves the purchase of wastewater filtration membranes from FilmTec Corporation for an amount not to exceed $212,746; approves

6.N.a
Packet Pg. 327 Attachment: Resolution (4547 : 2024 Water Reclamation Facility Membrane Purchase) Resolution No. -2024

Page 2 ends

the purchase of miscellaneous parts per City purchasing policy up to 2.5% of the membrane purchase amount; and authorizesthe City Manager to execute the purchase agreement on the City’s behalf; and
WHEREAS, the purchase of membranes and accessories is exempt from California Environmental Quality Act, pursuant to CEQA Guideline Section 15301 because the purchase consists of minor repair and maintenance of an existing public facility/ mechanical equipment and involves negligible or no expansion of existing or former use. The purchase is also exempt pursuant to CEQA Guideline Section 15302 because consists of replacement or reconstruction of an existing utility system and/or facility involving negligible or no expansion of capacity.

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

1. Approves the purchase of the membranes and accessories for one tank for a not to exceed price of $212,476.

2. Approves miscellaneous purchases in accordance with City Purchasing Policy associated with this installation of the membranes of 2.5% of the total purchase cost or an amount not to exceed $5,312.

3. Authorizes the City Manager to execute the purchase agreement with FilmTec Corporation on behalf of the City.

4. Find that the purchase of membranes and accessories is exempt from California Environmental Quality Act, pursuant to CEQA Guideline Section 15301 because the purchase consists of minor repair and maintenance of an existing public facility/ mechanical equipment and involves negligible or no expansion of existing or former use.

The purchase is also exempt pursuant to CEQA Guideline Section 15302 because consists of replacement or reconstruction of an existing utility system and/or facility involving negligible or no expansion of capacity
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 5 th
day of August 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
_________________________________ _______________________________ David Hagale, Mayor Raina Allan, City Clerk

6.N.a
Packet Pg. 328 Attachment: Resolution (4547 : 2024 Water Reclamation Facility Membrane Purchase)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Public Safety Camera System Agreement
PREPARED BY: Luis Rodriguez, Lieutenant
STRATEGIC INITIATIVE(S):

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

Adopt a Resolution approving a Professional Services Agreement with Flock Safety to implement a Public Safety Camera System, authorizing the City Manager to execute the agreement for a two-year term for an amount not to exceed $102,250.

COMMUNITY ENGAGEMENT/OUTREACH:

Staff held a community meeting on April 17th. During the meeting the Public Safety Camera Program was presented, and the community members had an opportunity to provide input.

BACKGROUND:

At the November 20, 2023 City Council meeting, staff presented Council with public safety enhancement options for camera solutions that integrate into automated license plate readers (ALPR) system through Flock Safety that the City currently uses. Among the technologies are camera systems that can be installed at designated locations in the City to help deter and investigate crime. City Council requested that a public safety camera program be agenized for additional information and discussion. On March 18, 2024, staff brought forth a draft proposal for camera deployment. Council requested a community meeting to be held by staff and a final proposal submitted at a future meeting.

During the fiscal year 2024/2025 budget process, City Council included funding to proceed with implementation of a public safety camera system.

DISCUSSION/ANALYSIS:

Public Safety cameras are used by agencies to detect and deter crime, help safeguard against potential threats to the public, help manage emergency response situations during natural and man-made disasters, and to assist City officials in providing services to the community.

8.A
Packet Pg. 329
The Police Department has successfully used cameras for many years to aid in addressing problem areas through hot spot analysis. Typically, a portable system would be set up in problematic areas focused on a singular crime issue in that area and in cooperation with an area resident or business owner. Staff has found that when cameras are visibly placed, there is a significant reduction in crime in that area. Recently, Police staff have received inquiries from the community about camera installations to mitigate criminal activity at the downtown merchant meetings and during Ward Street outreach efforts. Technology has greatly improved over the years, and now high-definition pan-tilt-zoom cameras are available to use as part of a public safety camera system solution. These technologies have also become more affordable than they were previously.

In considering a potential deployment plan for public safety cameras, staff has looked at public areas that have an expectation of safety while being used by the community as well as criminal activity over the past 2 years. Staff also took into consideration Council feedback and community input. After consideration, the following locations were selected in the final deployment plan included in the accompanying agreement:

Public Parks
Railroad Park (1 Camera)
Giorgi Park (2 Cameras)
Gibbs Park (1 Camera)
West Plaza Park (1 Camera)
Public Pathways
Foss Creek Pathway (W. Grant St. to Grove St.) (4 Cameras) Intersections
Front St./ Healdsburg Ave. (1 Camera)
Roundabout (1 Camera)
Healdsburg Ave./ Dry Creek (1 Camera)
Dry Creek/ Grove St. (1 Camera)
Parking Lots
Swensen (West Plaza) Lot (2 Cameras)
Based on these locations staff has worked with Flock Safety to develop a deployment plan. There are two options for cameras. One option is an electric version with an annual cost of $3,000.

Another option is a solar version with an annual cost of $3,250. Depending on the available infrastructure either an electric or solar camera will be deployed at each identified location.

Based on that plan, 13 electric and 2 solar cameras are needed, which will cost $45,500 per year plus $11,250 for installation in year one.

In addition, 3 locations along the Foss Creek Pathway need additional work for installation by adding electric connectivity for the cameras. Police Department Staff has worked with Electric Department Staff to develop a plan for adding needed infrastructure to these locations for an

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estimated cost of $3,000. Funding for the additional infrastructure will be absorbed by the existing approved 2024/2025 police department budget.

As mentioned in prior staff reports the Police Department has a policy pertaining to public safety camera systems that limits access to legitimate public safety purposes and seeks to balance the need for public safety with privacy concerns. The policy regulates its use, data retention, and auditing among other requirements. A copy of the policy is attached as Attachment 1.

PRIVACY
All public areas monitored by public safety cameras, with the exception of intersections, would be marked in a conspicuous manner with unobstructed signs to inform the public that the area is being monitored by public safety cameras.

MISUSE
The policy requires proper logging in and out of the system by users, ensuring accurate auditing of the system.

The policy defines permitted and impermissible uses of the Public Safety Camera System, including defining what constitutes the invasion of privacy, use of the system to harass or intimidate, use of the system based on protected characteristics, use for personal reasons, and uses that would infringe on First Amendment Rights.

Violating the Public Safety Camera System policy could subject an employee to criminal prosecution, civil liability, and/or internal discipline.

AUDITS
The policy requires regular system audits, which would be conducted no less than annually, a frequency that is consistent with other audit requirements.

Staff recommends deployment at the above identified locations and is recommending entering into an agreement with Flock Safety.

ALTERNATIVES:

No alternatives are proposed.

FISCAL IMPACT:

The adopted fiscal year 2024/2025 budget includes $56,250 for implementing a Public Safety Camera System. There is an additional cost of $500 by substituting 2 electric cameras for solar cameras and an estimated cost of $3,000 for infrastructure needed to power the cameras. The additional estimated cost of $3,500 will be absorbed by the approved 2024/2025 Police Department budget. The Fiscal Year 2025/2026 budget includes sufficient appropriations to cover the cost for year 2.

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ENVIRONMENTAL ANALYSIS:

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

ATTACHMENT(S):

Resolution
Flock Quote
Public Safety Camera System Policy

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CITY OF HEALDSBURG
RESOLUTION NO. __-2024

A RESOLUTION APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH FLOCK SAFETY TO IMPLEMENT A

PUBLIC SAFETY CAMERA SYSTEM, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT FOR A

TWO-YEAR TERM FOR AN AMOUNT NOT TO EXCEED
$102,250
WHEREAS, the Healdsburg Police Department has utilized products from Flock Safety since 2022; and
WHEREAS, the City currently contracts with Flock Safety for automated license plate reader cameras through 2028; and
WHEREAS, staff met with representatives from Flock Safety regarding contracting for a Public Safety Camera System; and
WHEREAS, Flock Safety provided a proposal to provide a Public Safety Camera System for an amount of $45,500 per year for a 2-year term with a 1-time installation cost of $11,250; and WHEREAS, the FY 24-25 and FY 25-26 budgets allocate funding in the amount of $56,750 and $45,500 respectively to a Public Safety Camera System, and WHEREAS, the proposed action is not subject to the provisions of the California Environmental Quality Act ("CEQA") because it is not a project, since it will not have a direct or reasonably foreseeable indirect impact on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby approves a Professional Services Agreement with Flock Safety to implement a Public Safety Camera System, authorizing the City Manager to execute the agreement for a two-year term for an amount not to exceed $102,250.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 5 th
day of August 2024, by the following vote:

AYES: Council members: ( )
NOES: Council members: ( )
ABSENT: Council members: ( )
ABSTAINING: Council members: ( )
SO ORDERED: ATTEST:
___________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 333 Attachment: Resolution (4553 : Public Safety Camera System Agreement) Flock Safety + CA - Healdsburg PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Jeffrey Lents
[email protected]
480 621 2406
Created Date: 07/21/2024
Expiration Date: 07/31/2024
Quote Number: Q-42768
PO Number:

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Packet Pg. 334 Attachment: Flock Quote (4553 : Public Safety Camera System Agreement) Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.

Bill To: 238 Center St Healdsburg, California 95448 Ship To: 238 Center St Healdsburg, California 95448 Billing Company Name: CA - Healdsburg PD Subscription Term: 24 Months Billing Contact Name: Payment Terms: Net 30
Billing Email Address: Retention Period: 30 Days
Billing Phone: Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $45,500.00
Flock Safety Video Products
Flock Safety Condor ™ PTZ w/ LTE Service Included 13 Included Solar Condor ™ Fixed Included 2 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Condor Professional Services - Standard
Implementation Fee $750.00 13 $9,750.00
Condor Professional Services - Standard
Implementation Fee $750.00 2 $1,500.00
Subtotal Year 1: $56,750.00
Annual Recurring Subtotal: $45,500.00
Estimated Tax: $0.00
Contract Total: $102,250.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change.

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Packet Pg. 335 Attachment: Flock Quote (4553 : Public Safety Camera System Agreement) Billing Schedule Amount (USD)
Year 1
At Contract Signing $56,750.00
Annual Recurring after Year 1 $45,500.00
Contract Total $102,250.00
*Tax not included

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Packet Pg. 336 Attachment: Flock Quote (4553 : Public Safety Camera System Agreement) Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety Condor™
Flock’s pan, tilt, zoom (PTZ) or fixed cameras which capture video footage with the option to stream live video, capture and view video recordings, and upload videos.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services -
Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
FlockOS Features Description

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Packet Pg. 337 Attachment: Flock Quote (4553 : Public Safety Camera System Agreement) Copyright Lexipol, LLC 2024/02/22, All Rights Reserved.

Published with permission by Healdsburg Police Department Public Safety - 1
Healdsburg Police Department
Healdsburg PD Policy Manual
Policy
380
Public Safety Camera System
380.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of department public safety Camera System as well as the storage and release of captured images.

This policy only applies to overt, marked public safety camera systems operated by the Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department.
380.2 POLICY
The Healdsburg Police Department operates a public camera system to complement its anticrime strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man- made disasters and to assist City officials in providing services to the community.

The use of video cameras in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy. 380.3 OPERATIONAL GUIDELINES
Only department-approved camera equipment shall be utilized. Members authorized to monitor camera video equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall approve all proposed locations for the use of video camera technology. 380.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall camera system plan. As appropriate, the Chief of Police should confer with other affected City divisions when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation, or other obstructions, should also be evaluated when determining placement.

The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around highvalue or high-threat areas. The public safety camera system may be useful for the following purposes:
a) To prevent, deter, and identify criminal activity.
b) To target identified areas of gang and narcotics complaints or activity. c) To respond to critical incidents.
d) To assist in identifying, apprehending, and prosecuting offenders.

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Packet Pg. 338 Attachment: Public Safety Camera System Policy (4553 : Public Safety Camera System Agreement) Copyright Lexipol, LLC 2024/02/22, All Rights Reserved.

Published with permission by Healdsburg Police Department Public Safety - 2
Healdsburg Police Department
Healdsburg PD Policy Manual
Policy
380
e) To document officer and offender conduct during interactions to safeguard the rights of the public and officers.
f) To augment resources in a cost-effective manner.
g) To monitor pedestrian and vehicle traffic activity.

Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in designated locations within the police department. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. Trained personnel authorized to adjust the cameras to more effectively view a particular area for any legitimate public safety purpose.

The Chief of Police may authorize video feeds from the public safety camera system to forwarded to a specified location for monitoring by other than police personnel, such as allied government agencies, road or traffic crews, or emergency operations personnel.

Unauthorized recording, viewing, reproduction, dissemination, or retention is prohibited. 380.3.2 CAMERA MARKINGS
All public areas monitored by public safety camera equipment, with the exception of intersections, shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under video monitoring. Signs should be placed appropriately and without obstruction to ensure visibility.
380.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The Department may elect to integrate its public safety camera system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, and other video-based analytical systems may be considered based upon availability and the nature of department strategy. 380.4 VIDEO SUPERVISION
Supervisors should monitor public safety camera system access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented.
380.4.1 PROHIBITED ACTIVITY
Public safety camera systems will not be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.

Public safety camera equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

Public safety camera equipment shall not be used to harass, intimidate, or discriminate against any individual or group.

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Packet Pg. 339 Attachment: Public Safety Camera System Policy (4553 : Public Safety Camera System Agreement) Copyright Lexipol, LLC 2024/02/22, All Rights Reserved.

Published with permission by Healdsburg Police Department Public Safety - 3
Healdsburg Police Department
Healdsburg PD Policy Manual
Policy
380
380.5 STORAGE AND RETENTION OF MEDIA
All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented.

The type of video technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule and for a minimum 30 days. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code § 34090.6).
380.5.1 EVIDENTIARY INTEGRITY
All downloaded and retained media shall be treated in the same manner as other evidence.

Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
380.6 RELEASE OF VIDEO IMAGES
All recorded video images gathered by the public safety camera equipment are for the official use of the Healdsburg Police Department.

Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records.

Requests for recorded images from other law enforcement agencies shall be referred to the agency for release in accordance with specific and legitimate law enforcement purposes. In considering the release of recorded images the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), will be considered before approving the release of ALPR data. The Healdsburg Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process. 380.7 PUBLIC SAFETY CAMERA SYSTEM AUDIT
The Chief of police or the authorized designee will conduct an annual review of the public safety

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Packet Pg. 340 Attachment: Public Safety Camera System Policy (4553 : Public Safety Camera System Agreement) Copyright Lexipol, LLC 2024/02/22, All Rights Reserved.

Published with permission by Healdsburg Police Department Public Safety - 4
Healdsburg Police Department
Healdsburg PD Policy Manual
Policy
380
camera system. The review should include an analysis of the cost, benefit, and effectiveness of the system, including any public safety issues that were effectively addressed or any significant prosecutions that resulted, and any systematic operational or administrative issues that were identified, including those related to training, discipline or policy.

The results of each review shall be appropriately documented and maintained by the Chief of Police or the authorized designee. Any recommendations for training or policy should be promptly addressed.
380.8 TRAINING
All department members authorized to operate or access public safety camera systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video camera equipment and privacy.

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Packet Pg. 341 Attachment: Public Safety Camera System Policy (4553 : Public Safety Camera System Agreement)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: August 5, 2024
SUBJECT: Resolution in opposition of the proposed County Prohibition on Concentrated Animal Feeding Operations (CAFOS), also known as Measure J at the November 5, 2024, election
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):

Pursue Initiatives that Promote Environmental Stewardship Provide Effective Governance
RECOMMENDED ACTION(S):

Adopt a Resolution opposing the proposed County Prohibition on Concentrated Animal Feeding Operations (CAFOS), also known as Measure J on the November 5, 2024, Sonoma County Ballot.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The Sonoma County Prohibition on Concentrated Animal Feeding Operations Initiative, designated as Measure J, is a voter-initiated campaign to phase out existing and prohibit future Concentrated Animal Feeding Operations (CAFOs) in most unincorporated areas of Sonoma County. At the June 3, 2024 City Council meeting, there was a Council majority to place an item on a future Council agenda opposing the proposed ballot measure.

DISCUSSION/ANALYSIS:

According to the title and summary prepared by the County of Sonoma’s County Counsel, (Attachment 2) this measure, if adopted by the voters, would amend the Sonoma County Code to phase-out existing and prohibit future Concentrated Animal Feeding Operations (CAFO) in all zoning districts in the unincorporated areas of the County outside of the coastal zone. Existing operations would have three years to phase out operations in violation.

The proposed ballot measure would not apply to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products. It also would

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not apply to a temporary stable of animals during a natural disaster or a declared state of emergency.

According to the summary, the animals covered under the CAFO regulations include “cattle or cow/calf pairs, mature dairy cattle, veal calves, swine, horses, sheep or lambs, turkeys, chickens, laying hens or broilers, and ducks. CAFOs would be categorized as large, medium, or small, depending on the number and type of confined animals and other factors such as waste disposal systems. The proposed ordinance would consider animals confined if stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and when crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.”
Measure J would “require registration for existing CAFOs, which would have three years to cease operations. The ordinance would also require the Agricultural Commissioner to establish Best Management Practices to phase-out CAFO operations, developed in collaboration with a California-based humane society and/or a California-based society for the prevention of cruelty to animals. It would require the Agricultural Commissioner to present an annual report on ordinance compliance to the Board of Supervisors at a noticed public meeting. The ordinance would require the Agricultural Commissioner to create a job-retraining program for CAFO workers.”
The Sonoma County Economic Development Board released a memorandum regarding the projected economic impact of the proposed ordinance. (Attachment 3). The report identified 60 agricultural businesses within the unincorporated portions of the County that would be impacted by the ordinance if Measure J were to pass. Approximately 450 employees could be impacted directly and additional businesses and employees that sell to or do business with the agricultural businesses could be impacted as well.

The City of Petaluma and the County of Sonoma have formally opposed Measure J. A resolution expressing opposition to this initiative is attached for the City Council’s consideration. The City Council is permitted to consider and take action to express the opinion of the City Council’s supporting or opposing a measure so long as it does so at an open public meeting. (See League of Women Voters v. Countywide Criminal Justice Coordinating Committee (1988) 203 Cal.App.3d 529, 560.

ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

ALTERNATIVES:

Council discretion. If the City Council does not elect to oppose the initiative the alternatives are to not take an official position or vote to support the measure.

FISCAL IMPACT:

There is no direct fiscal impact to the City of Healdsburg from this action.

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ENVIRONMENTAL ANALYSIS:

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

ATTACHMENT(S):

Resolution
Attachment 2 - Measure J Title and Summary
Attachment 3 - Economic Development Board Analysis
Attachment 4 - Measure J Text

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CITY OF HEALDSBURG
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG OPPOSING THE PROPOSED COUNTY

PROHIBITION ON CONCENTRATED ANIMAL FEEDING

OPERATIONS (CAFOS), ALSO KNOWN AS MEASURE J AT
THE NOVEMBER 5, 2024, ELECTION
WHEREAS, Sonoma County has a rich farming history dating back more than a century; and
WHEREAS, Sonoma County’s agricultural heritage continues to be celebrated annually, from the Healdsburg Future Farmers Country Fair to the Cloverdale Citrus Fair, with numerous other Sonoma County ag and fair events in between; and
WHEREAS, modern agriculture in Sonoma County have embraced organic farming and specialty produce, supporting farm to table restaurants and numerous farmers’ markets, and hosting storied food producers; and
WHEREAS, Sonoma County farming accounts for significant economic activity and food production for the region, with Sonoma County hosting 50 dairies, 84% of them certified organic, milking an average of 350 cows and comprising nearly 41% of California’s certified organic dairies and certified organic mature dairy cattle producing 42.4 Million gallons of milk annually valued at $114 million, with Sonoma County producing 13% of the national volume of organic milk in 2022, and annual values produced of almost $33 million in poultry, $30 million in eggs, $20 million in cattle and calves, and $5 million in sheep, with livestock and poultry production alone responsible for $418 million in total output, $80 million in labor income and almost 1,400 jobs annually; and
WHEREAS, Sonoma County dairies currently graze over 45,000 acres and farm 8,100 acres, managing over 53,000 acres, and lands managed by dairies sequester almost 23 million tons of carbon dioxide more than they would otherwise; and
WHEREAS, Sonoma County is proud to have a history of producing world-class agricultural products and stands with family farmers, local brands, and entrepreneurs who continue this tradition today; and
WHEREAS, animal agriculture is important to preserving natural landscape and open space we all enjoy; and
WHEREAS, agriculture is an economic engine for our community, and it is essential to protect our agricultural heritage and access to sustainably produced products; and

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Packet Pg. 345 Attachment: Resolution (4558 : Consideration of Measure J) Resolution No. -2024

Page 2 ends

WHEREAS, while Measure J may be well-intentioned, its unintended consequences are far too great.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Healdsburg opposes Measure J and urges a “No” vote on Measure J to safeguard our local economy, environment, and agricultural heritage.

PASSED, APPROVED, ADOPTED, by the City Council of the City of Healdsburg this 5 th day of August 2024, by the following vote:

AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk

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Packet Pg. 346 Attachment: Resolution (4558 : Consideration of Measure J) County Counsel's Title & Summary
Sonoma County Prohibition on Concentrated Animal Feeding Operations This measure,if adopted by the voters, would amend the Sonoma County Code to phase-out existing and prohibit future Concentrated Animal Feeding Operations (CAFO) in all zoning districts in the unincorporated areas of the County outside of the coastal zone. Existing operations would have three years to phase outoperations in violation. It would not apply to a registered non-profit animal shelter, sanctuary, or rescueorganization whichdoes not sellanimals or animal products. It would not apply to a temporary stable of animals during a natural disaster or a declared state of emergency.

The proposed ordinance would provide for a daily penalty of $1,000 for the firstday, $5,000 for the second day, and $10,000 for the third and subsequentdays in violation. It authorizes enforcement by any interested party or the Sonoma County Department of Agriculture, Weights and Measures ("Agricultural Commissioner"). The Agricultural Commissioner would berequired to establish a system for receiving, investigating, and retaining complaints. The proposed ordinance would provide for attorneys' fees and coststo the prevailing party. It would make it a misdemeanor to retaliate against another person for making a good-faith complaint.

The proposed ordinance would define CAFO in accordance with federal regulations. The animals covered would be cattleor cow/calf pairs, mature dairy cattle, veal calves, swine, horses, sheep or lambs, turkeys, chickens,laying hens or broilers, and ducks. CAFOs would be categorized as large, medium, or small, depending on the number and type of confined animals and other factors such as waste disposal systems. A small CAFO is one that is smaller than a medium CAFO and designated by the permitting agency as a significant contributor of pollutants. The proposed ordinance would consider animals confined if stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and when crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion ofthe lot or facility. Two or more operations could together be considered a CAFO if certain criteria are met.

The proposed ordinancewould requireregistration for existing CAFOs, which would have three years to cease operations. The ordinance would also require the Agricultural Commissioner to establish Best Management Practices to phase-out CAFO operations, developed in collaboration with a Californiabased humane society and/or a California-based society for the prevention of cruelty to animals. It would require the Agricultural Commissioner to present an annual report on ordinance compliance to the Board of Supervisors at a noticed public meeting. The ordinance would require the Agricultural Commissioner to create a job-retraining program for CAFO workers. s/Robert Pittman
County Counsel
FILED
SEP · 7 2023

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Packet Pg. 347 Attachment: Attachment 2 - Measure J Title and Summary (4558 : Consideration of Measure J)

BOARD OF

DIRECTORS

KATHRYN HECHT, CHAIR - JORGE ALCAZAR
SKIP BRAND – BETZY CHAVEZ - LINDA KACHIU

WAYNE LEACH - REGINA MAHIRI - RICHARD MARZO JORDAN
KIVELSTADT – NICHOLAS SCHWANZ

ETHAN BROWN, EXECUTIVE DIRECTOR
707.565.7170 WWW.SONOMAEDB.ORG
141 STONY CIRCLE, STE 110 | SANTA ROSA, CA 95401
Proposed Prohibition on Concentrated Animal Feeding Ordinance in Sonoma County

MEMORANDUM
To: Board of Supervisors
From: Economic Development Board
Date: May 14, 2024
Re: Proposed Prohibition on Concentrated Animal Feeding Ordinance in Sonoma County _______________________________________________________________________ Economic Impact
In response to the proposed ordinance, the local University of California Cooperative Extension contracted with the College of Agriculture at California State University, Chico Agribusiness Institute to conduct an Economic Impact Analysis of the Prohibition on Concentrated Animal Feeding Operations in Sonoma County. The results of this analysis presented a significant impact to the Sonoma County economy referencing losses in agricultural products ($259 million), reductions in spending through the region ($38 million) in addition to a significant loss of labor income and employment. The findings of the report conclude that “for every job lost f rom the livestock and poultry production sector, we can expect to lose one additional job f rom the Sonoma County economy”.

The estimated production value of Sonoma County’s agricultural animal sector is approximately $180,119,777 (2022 Sonoma County Crop Report). Out of thirteen dif ferent animal sectors within the region, there are five that could be impacted by the approval of this ordinance including: Cattle or cow/calf pairs, Mature or dairy cattle, Chicken other than laying hens, laying hens or broilers and ducks, equating to approximately 97% ($175,146,377) of the region’s total production value.

Large Size Threshold – Confined Animal Feeding Ordinance (CAFO) Animal
Sector
Total
Business
es
District
1 District
2 District
3 District
4 District
5 Mature or
dairy cattle
5 1 3 - - 1
Chicken
other than
laying hens
2 1 - - - 1
Laying hens
or broilers
4 - 2 - 2 -
Total 11 2 5 0 2 2

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Packet Pg. 348 Attachment: Attachment 3 - Economic Development Board Analysis (4558 : Consideration of Measure J)

BOARD OF

DIRECTORS

KATHRYN HECHT, CHAIR - JORGE ALCAZAR
SKIP BRAND – BETZY CHAVEZ - LINDA KACHIU

WAYNE LEACH - REGINA MAHIRI - RICHARD MARZO JORDAN
KIVELSTADT – NICHOLAS SCHWANZ

ETHAN BROWN, EXECUTIVE DIRECTOR
707.565.7170 WWW.SONOMAEDB.ORG
141 STONY CIRCLE, STE 110 | SANTA ROSA, CA 95401
Medium Size Threshold – Confined Animal Feeding Ordinance (CAFO) Animal
Sector
Total
Business
es
District
1 District
2 District
3 District
4 District
5 Cattle or
cow/calf
pairs
5 1 1 - 1 2
Mature or
dairy cattle
33 - 21 1 - 11
Chicken
other than
laying hens
5 1 2 1 - 1
Laying hens
or broilers
5 - 5 - - -
Ducks 1 - 1 - - -
Total 49 2 30 2 1 14
• A total of 60 varying agriculture businesses may be directly impacted by the passing of this ordinance, 49 of which may fall within the Medium Confined Animal Feeding Ordinance size threshold.
• All businesses that potentially fall within either the Large or Medium CAFO size threshold are in Unincorporated Sonoma County.
• While impacted businesses are spread across all five Supervisorial Districts of Sonoma County, 58% (35) are located within the Second District and 27% (16) within the Fif th District.

As stated in the Executive Summary of the “Prohibition on Concentrated Animal Feeding Operations” Supporting Arguments document produced by the University of California Cooperative Extension, Sonoma County dairies and poultry facilities represent the most impacted animal sectors for this proposed ordinance. These sectors implement animal care standards through those required by the National Organic Program or through third-party welfare certification programs. 100% of dairies managing 200 or more cows (medium and large size per CAFO index) implement one or more of these tools. Additionally, Proposition 12 is a voter driven initiative requiring space minimums for egg-laying hens, veal, and breeding hog operations. Those operations regulated under this law in Sonoma County retain Distributor Registration and comply with the law. Humane handling and disease prevention directly help achieve the ethical and financial goals of farms.

Production of local food and the establishment of food security as well as food mileage are important for not only the local economy but for the business owners and families of our surrounding areas and communities. The farther away food must travel to get to consumers, the more emissions are created and higher the cost of that food.

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Packet Pg. 349 Attachment: Attachment 3 - Economic Development Board Analysis (4558 : Consideration of Measure J)

BOARD OF

DIRECTORS

KATHRYN HECHT, CHAIR - JORGE ALCAZAR
SKIP BRAND – BETZY CHAVEZ - LINDA KACHIU

WAYNE LEACH - REGINA MAHIRI - RICHARD MARZO JORDAN
KIVELSTADT – NICHOLAS SCHWANZ

ETHAN BROWN, EXECUTIVE DIRECTOR
707.565.7170 WWW.SONOMAEDB.ORG
141 STONY CIRCLE, STE 110 | SANTA ROSA, CA 95401
For the impacted businesses referenced above to successfully comply with the requirements of this proposed ordinance, in addition to any existing regulatory requirements, the necessary livestock reductions would be insurmountable given the standard business model for agriculture and/or farming.

In addition to businesses within the agriculture sector directly impacted by this ordinance, there will also be an additional impact to businesses that provide a variety of supplies and services to the local agriculture sector. Examples of these businesses include, but aren’t limited to veterinary services, farm product/feed suppliers, automotive and tractor retailers as well as construction equipment and materials.
• More than 80 additional local businesses located in both Unincorporated and Incorporated areas of Sonoma County, as well as outside of the county may be indirectly impacted by the passing of this ordinance.
• 43% (33) of these businesses are retailers providing local agriculture businesses with basic farm and feed supplies.
• While impacted businesses are spread across all five Supervisorial Districts of Sonoma County, 51% (42) are located within the Second District.

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Packet Pg. 350 Attachment: Attachment 3 - Economic Development Board Analysis (4558 : Consideration of Measure J) County Jurisdiction
Unincorporated Incorporated Total Land Acreage District 2 Housing District 1 Business Impact by District
District 5 Workforce
Sonoma County Prohibition on Concentrated Animal Feeding Ordinance Size Threshold District 3 District 4 Business County Monetary Animal Sector
Large
CAFOs
(Large)
Medium
CAFOs
(Medium)
Small Large
Medium
Small Estimated Production
Value Large
Medium
Small# of Employees
Impacted
# of Persons
Housed Large
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
SmallLarge
Medium
Small
Cattle or cow/calf
pairs 1,000+ 300 0 999 <300 0 5 75 $ 20,880,400.00 0.00 15,000.00 225,000.00 0 1 15 0 1 20 0 0 10 0 1 10 0 2 20 0 5 75 0 0 0 Mature or dairy
cattle 700+ 200 0 699 <200 5 33 12 $ 114,869,077.00 13,899.96 35,983.70 1,998.23 323 642 1 0 1 3 21 8 0 1 0 0 0 0 1 11 3 5 33 12 0 0 0 Veal calves 1,000+ 300 0 999 <300 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Swine <55 lbs 2,500+ 750 0 2,499 <750 0 0 10 $ 472,300.00 0.00 0.00 1,500.00 0 0 0 0 0 0 0 4 0 0 0 0 0 2 0 0 4 0 0 0 0 0 0 Swine >55 lbs 10,000+ 3,000 0 9,999 <3,000 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Horses 500+ 150 0 499 <150 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sheep or lambs 10,000+ 3,000 0 9,999 <3,000 0 0 100 $ 4,501,100.00 0.00 0.00 30,000.00 0 0 0 0 20 0 0 20 0 0 20 0 0 20 0 0 20 0 0 0 0 0 0 Turkeys 55,000+ 16,500 0
54,999 <16,500 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Laying hens or
broilers 30,000+ 9,000 0 29,999 <9,000 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Chicken other than
laying hens 125,000+ 37,500 0 124,999 <37,500 2 5 0 35.41 45.15 0.00 15 1 1 0 0 2 0 0 1 0 0 0 0 1 1 0 2 5 0 0 0 0 Laying hens or
broilers 82,000+ 25,000 0 81,999 <25,000 4 5 2 220.00 120.00 100.00 85 0 0 0 2 5 2 0 0 0 2 0 0 0 0 0 5 5 2 0 0 0 Ducks 30,000+ 10,000 0
29,999 <10,000 0 1 2 0.00 350.00 20.00 31 0 0 0 0 1 2 0 0 0 0 0 0 0 0 0 0 1 2 0 0 0 Ducks 5,000+ 1,500 0 4,999 <1,500 0 0 0 $ - 0.00 0.00 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 39,396,900.00 33
Sonoma County Economic Development Board
May 2024

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Packet Pg. 351 Attachment: Attachment 3 - Economic Development Board Analysis (4558 : Consideration of Measure J)

PROHIBITION ON CONCENTRATED ANIMAL FEEDING OPERATIONS
WHEREAS, the people of Sonoma County value healthy communities and a healthy environment; and
WHEREAS, the people of Sonoma County value the humane treatment of animals; and WHEREAS, the U.S. Supreme Court upheld California's Proposition 12 (the Farm Animal Confinement Initiative), the nation's strongest farm animal welfare law1 , which was supported
by 61.6% of Sonoma County voters2
; and
WHEREAS, hundreds of Concentrated Animal Feeding Operations (CAFOs) presently operate in California3, including over a dozen in Sonoma County; and WHEREAS, millions of animals are confined in CAFOs across California4 ; and
WHEREAS, it is a well-established scientific fact, as supported by thousands of studies exploring animal cognition, that animals have emotions, personalities, and the ability to feel pain, fear, and stress5
; and
WHEREAS, every day, animals are treated inhumanely at CAF0s6 ; and
WHEREAS, the treatment of animals in CAFOs routinely violates California animal cruelty laws, with little to no accountability; and
WHEREAS, CAFOs have severe negative public health and environmental impacts due to the large amounts of concentrated, potentially toxic waste they produce and the infectious diseases they facilitate and harbor7; and
WHEREAS, investigators have found antibiotic-resistant bacteria and infectious diseases in CAFOs in California8 and across the U.S.9
; and FILED
AUG 2 1 2023
so 1 https://www.supremecourt.gov/opi nions/22pdf/21-468 _ 5if6. pdf By 2 https://sonomacounty.ca.gov/administrative-support-and-fiscal-services/clerk-recorder-assessor-regist ra r-of-voters/reg istra r-of-vote rs/election s/novem ber-6-2018-ge n era I-e lection-fi nal-resu Its 3 https://www3.epa.gov/npdes/pubs/region9.pdf 4 https://www3.epa.gov/npdes/pubs/region9.pdf
5 https://www.livescience.com/39481-time-to-declare-animal-sentience. html 6 https ://www. centerforfood safety. org/i ssues/30 7 /an ima I-factori es/animal-factories-and-an i ma I-welfare 7 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf https://www.vice.com/en/article/g5bjjb/the-next-pandemic-could-come-from-an-american-factory-farm 9 https://www.scientificamerican.com/article/how-drug-resistant-bacteria-travel-from-the-farm-to-your-ta ble/
8 9.A.d
Packet Pg. 352 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) WHEREAS, given that three out of four emerging infectious diseases are zoonotic10, CAFOs pose a serious risk to public health 11
; and
WHEREAS, emissions from industrial animal agricultural operations are a significant cause of climate change, with livestock contributing 14.5 percent of all greenhouse gas emissions12
; and
WHEREAS, by worsening climate change via the release of greenhouse gasses such as methane, 14 CAFOs are a major contributor to the drought and wildfires in California13• ; and WHEREAS, it is projected that the global industrial agricultural sector will nearly double in greenhouse gas emissions by 205015; and
WHEREAS, globally, CAFOs and other intensive farming practices are the primary driver of biodiversity loss through dependence on inputs such as fertilizer, pesticides, energy, land, and water, and on practices such as monocropping and heavy tilling, which in turn reduces the variety of landscapes and habitats 16; and
WHEREAS, biodigesters (which can convert animal waste into energy) have been shown to be ineffective at mitigating the public health and environmental impacts of CAFOs, as they can produce other harmful chemicals without fully removing toxins from the environment17; and
WHEREAS, workers at CAFOs face health risks due to exposure to harmful substances and antibiotic-resistant bacteria, as well as high rates of respiratory injuries, musculoskeletal injuries, and anxiety and depression18; and
WHEREAS, CAFOs disproportionately affect low-income and disadvantaged communities, raising social and environmental justice concerns19
; and
10 https://www.cdc.gov/onehealth/basics/zoonotic-diseases.html 11 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf 12 https://www.fao.org/news/story/en/item/197623/icode/ 13 https://vitalsigns.edf.org/story/what-does-californias-flooding-and-drought-have-do-climate-change 14 https://www.ppic.org/publication/climate-change-and-californias-water/ 15 https://www.ewg.org/news-insights/news/2023/02/will-agriculture-be-americas-leading-source-greenh ouse-gas-emissions
16 https ://www. chatha mhouse. org/sites/d eta ulUfi les/2 021-02/2021-02-03-food-syste m-biodiversity-loss-b enton-et-al_0. pdf 17
https://www.foodandwaterwatch.org/wp-contenUuploads/2021 /03/ib _1906 _biogas_manu re-2019-web. pdf
18 https ://elf. jhs ph. ed u/sites/defa u IUfi les/2 021-05/esse ntia I-and-in-_ cri sis-a-review-of-the-pub I ic-health-th reats-facing-farmworkers-in-the-us.pdf 19
https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2020/01/ 13/precautionary-moratorium-on-new-and-expanding-concentrated-animal-feeding-operations

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Packet Pg. 353 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) WHEREAS, proximity to CAFOs significantly decreases property values, with a 2015 study showing that properties within 3 miles of a CAFO lost up to 26% of their value and properties within ¼ mile of a CAFO lost up to 88% of their value20; and WHEREAS, legislation (the Farm System Reform Act) has been proposed in U.S. Congress which would place a moratorium on the construction of large CAFOs and enact other restrictions on resource-intensive factory farming21; and WHEREAS, the American Public Health Association has called for federal, state, and local governments to impose a moratorium on new and expanding CAFOs22 ; and
WHEREAS, several other jurisdictions across the U.S. have placed restrictions on CAFOs23 ;
and
WHEREAS, the County of Sonoma has a legitimate and substantial interest in promoting public health and encouraging responsible environmental practices; and WHEREAS, it is the intent of Sonoma County to prohibit CAFOs in order to protect the environment, animals, and the health and well-being of its residents and communities; and WHEREAS, it is also the intent of Sonoma County to provide a retraining and employment assistance program for workers at CAFOs to facilitate the transition to safer forms of work; and
WHEREAS, the present Ordinance is in line with Sonoma County's values as an agricultural community that respects the environment and responsible agricultural practices; NOW, THEREFORE, the People of the County of Sonoma ordain as follows:

SECTION 1: ADDITION OF §26-18-075.

Section 26-18-075 is hereby added to read as follows:

Sec. 26-18-075 Animal Keeping: Concentrated Animal Feeding Operations A.Purpose.

The Purpose of this Section is to protect the environment, animals, and the health and well-being of Sonoma County residents and communities by prohibiting the
20 https://www.nar.realtor/animal-feedlots 21 https://www.congress.gov/bill/117th-congress/senate-bill/2332 22 https ://www. ap ha. org/pol i cies-a nd-advocacy /public-health-po I icy-statements/pol icy-data base/2020/01 / 13/precautionary-moratorium-on-new-and-expanding-concentrated-animal-feeding-operations 23 https://www.wisfarmer.com/story/news/2023/07/07/officials-in-the-remaining-towns-with-livestock-regul ations-wonder-whether-they-too-are-in-legal-cro/70387371007 I

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Packet Pg. 354 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) operation of CAFOs, as defined herein, within the unincorporated areas of the County.

B. Definitions.

The following words and phrases as used in this Chapter shall be defined as follows:
"Animal feeding operation" or "AFO" means a lot or facility that meets the regulatory definition of an AFO as set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 202324. Specifically, a lot or facility (other than an aquatic animal production facility) is deemed an AFO where the following conditions are met:
(i) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12- month period, and
(ii) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. "Concentrated Animal Feeding Operation" or "CAFO" means an AFO which meets the definition of a Medium CAFO or Large CAFO, as defined herein, and set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023, or which is designated as a CAFO of any size by the permitting authority25. "Large CAFO" means an AFO which confines at least the number of animals described in Table 18-0.
"Medium CAFO" means an AFO which falls within the size range in Table 18-0 and either:
(i) has a man-made ditch or pipe that carries manure or wastewater to surface water; or
(ii) the animals come into contact with surface water that passes through the area where they're confined; or
(iii) is designated as a Medium CAFO by the permitting authority due to being a significant contributor of pollutants.
"Pre-Existing CAFO" means a CAFO currently in existence in Son·oma County at the time this Ordinance becomes effective.
"Small CAFO" means an AFO which confines fewer than the number of animals listed in Table 18-0 and which has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.
24 Available at
https://www.ecfr.gov/current/title-40/chapter-l/subchapter-D/part-122/subpart-B/section-122 .23. 25 Available at
https://www.ecfr.gov/current/title-40/chapter-l/subchapter-D/part-122/subpart-B/section-122 .23.

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Packet Pg. 355 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) Table 18-0: Size Thresholds for CAFOs
Animal Sector Size Threshold: Large
CAFOs
Size Threshold: Medium
CAFOs
Cattle or cow/calf pairs
Mature dairy cattle
1,000 or more
700 or more
300 - 999
200 - 699
Veal calves 1,000 or more 300 - 999
Swine (weighing over 55
pounds)
2,500 or more 750 - 2,499
Swine (weighing less than
pounds)
10,000 or more 3,000 - 9,999
Horses 500 or more 150 - 499
Sheep or lambs 10,000 or more 3,000 - 9,999
Turkeys 55,000 or more 16,500 - 54,999
Laying hens or broilers
(liquid manure handling
systems)
30,000 or more 9,000 - 29,999
Chickens other than
laying hens (other than a
liquid manure handling
systems)
125,000 or more 37,500 - 124,999
Laying hens ( other than a
liquid manure handling
systems)
82,000 or more 25,000 - 81,999
Ducks (other than a liquid
manure handling
systems)
30,000 or more 10,000 - 29,999
Ducks (liquid manure
handling systems)
5,000 or more 1,500 - 4,999
C.Aggregation.

Two or more lots or facilities that collectively meet the definition of a CAFO shall together be deemed a CAFO if they are under common ownership and are either on adjoining parcels or share a waste disposal system.

D.Prohibition of CAFOs; Exceptions.

1. No person shall establish, operate, expand, or maintain a CAFO in unincorporated Sonoma County on or after the date of the enactment of this Section.

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Packet Pg. 356 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J)

2. This Section does not limit or impact the availability of remedies under other applicable local, state and federal laws, regulations, and ordinances, including but not limited to laws, regulations, and ordinances regarding environmental protection and animal cruelty.

3. The prohibitions in this Section shall not apply to an evacuation area set up to temporarily stable animals in the case of a natural disaster or a declared state of emergency, or to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products.

E. Existing CAFOs; Phase-Out Period.

1. Notwithstanding anything in this Section, Pre-Existing CAFOs shall be deemed a nonconforming use and shall be required to register on a public database maintained by the Sonoma County Department of Agriculture, Weights and Measures.

2. Pre-Existing CAFOs shall be given a phase-out period of no more than three (3) years from the effective date of this Section to modify or terminate their operations such that they are no longer classified as a CAFO. Proof of this shall be provided to the Agricultural Commissioner prior to the end of the phase-out period.

During the phase-out period, Pre-Existing CAFOs shall not increase the number of animals in confinement.

3. The Agricultural Commissioner or his/her designee shall inspect closed CAFOs within one month of receiving such proof of termination from a Pre-Existing CAFO to ensure that all relevant operations have ceased or been appropriately modified.

4. Any Pre-Existing CAFO taking advantage of the phase-out period mentioned in Subsection (E)(1) shall comply with Best Management Practices set forth by the Agricultural Commissioner, which shall be developed in collaboration with a California-based humane society and/or a California-based society for the prevention of cruelty to animals. The foregoing shall be in addition to any requirements imposed on CAFOs by County, State and Federal environmental protection agencies.

5. The Agricultural Commissioner shall establish a system to receive, investigate, and retain complaints related to this Section.

F. Violations.

1. Any person who continues to operate a Pre-Existing CAFO after the three (3) year phase-out period elapses, or who establishes or maintains a CAFO following the enactment of this Section, or who violates any other provision of this Section, shall be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, five thousand dollars ($5,000) for the second offense, and ten thousand dollars ($10,000) for the third and any subsequent offenses, payable to the Sonoma County General Fund.

2. Notwithstanding the foregoing, the Agricultural Commissioner or his/her designee may also pursue on behalf of the county any other civil or administrative penalty or remedy otherwise available for failure to comply with the requirements of this Section.

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Packet Pg. 357 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J)

3. Each day, or portion thereof, during which the violation occurs shall be treated as a separate offense.

4. Nothing herein shall impact the standing of other interested parties, or the availability of remedies under other applicable federal, state and local laws, regulations and ordinances, including the remedies afforded any person set forth in Subsection I of this Ordinance.

5. The availability of funds under this Section shall not restrict any obligation by the County to provide retraining and employment assistance opportunities to CAFO workers.

6. For the purposes of this Subsection (F), "person" includes any owner, officer, or director of a CAFO. No penalties shall be issued to individuals solely for working at a CAFO operation unless they also meet one of the foregoing criteria.

G. Retraining for CAFO Workers
The County shall provide a retraining and employment assistance program for current and former CAFO workers during the phase-out period in Subsection (E)(1) and for an additional one year thereafter. The purpose of this program is to provide individuals who worked at a CAFO at the time of this Ordinance's enactment or who worked at a CAFO at any point during the phase-out period with the training needed to work at a legally acceptable agricultural operation or in a different job sector. This program shall be administered by the Agricultural Commissioner or his/her designee, along with qualified experts in employment law, animal rights, farm labor, and best agricultural practices. Such experts shall provide proof of their qualifications, which shall be subject to public disclosure. The County's obligation under this Subsection (G) to provide retraining and employment assistance to CAFO workers shall not depend on the fines and penalties collected pursuant to Subsection (F).

H. Annual Report.

The Agricultural Commissioner or his/her designee shall prepare an annual report containing the following information: the number of CAFOs currently operating in unincorporated Sonoma County; the number of CAFO termination notices received in the previous year; the number of CAFO termination inspections conducted in the previous year; the number of CAFO workers in the retraining program; and the amount of penalties assessed and collected in the previous year. Such report shall be presented to the Board of Supervisors at a duly-noticed public hearing and posted on the Agricultural Commissioner's webpage, beginning one year after the effective date of this Section and continuing until all CAFOs, as defined herein, have been phased out of the County.

I. Right of Action.

Any interested party may institute a civil proceeding for injunctive relief against a violation of this Section, and for whatever other additional relief the court deems appropriate. In any action brought pursuant to this Section, the prevailing party shall be entitled to reasonable attorney's fees and costs. The remedies available under this Section shall be in addition to, and shall not in any way restrict, any other rights

9.A.d
Packet Pg. 358 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) or remedies under law. Nothing in this Section is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California, or with any state or federal law. For the purposes of this Section, "interested party" shall include but not be limited to any association, organization, society, or corporation organized for the purpose of protecting animals or the environment.

J. Retaliation Prohibited.

Any person who retaliates against another person for making a good-faith complaint that there has been a failure to comply with this Section is guilty of a misdemeanor.

K. Severability.

The provisions of this Section are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this Section, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Section, or the validity of its application to other persons or circumstances. In the event that any provision is severed, the remaining provisions of this Section shall be interpreted in light of its stated purpose and intent.

SECTION 2. AMENDMENT OF OTHER COUNTY CODE SECTIONS.

Section 26-04-020(C) is hereby amended by inserting the following between "Composting" and "Condominium" as Section 26-04-020(C)(31.5):

Concentrated Animal Feeding Operations (CAFOs). Concentrated animal feeding operation, or CAFO, shall have the meaning set forth in Section 26-18-075.

Section 26-18-070(A) is hereby amended to read as follows:

Definition. The raising, feeding, maintaining and breeding of farm animals where animals are continuously confined in enclosed pens or similar structures, the majority of animal feed is provided by facility management rather than grazing, and animal wastes are concentrated on site. In the event that an operation falls under this definition and is also defined as a CAFO pursuant to Section 26-18-075, then Section 26-18-075shall control.

1. Includes: Dairies, hog farms, veal production, and chicken and turkey ranches, and similar livestock where animals are continuously confined.

2.Excludes: Horses, goats, sheep, and
Section 26-18-080(A)(1) is hereby amended to read as follows:

Excludes: Confined farm animal facilities, Concentrated Animal Feeding Operations (CAFOs). the keeping of household pets and wild or exotic animals.

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Packet Pg. 359 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) ..

Section 26-18-090(A)(2) is hereby amended to read as follows:

Excludes: Slaughterhouses, rendering plants, Concentrated Animal Feeding Operations (CAFOs).

SECTION 3. FUTURE AMENDMENTS.

In addition to the foregoing, the Board of Supervisors shall amend the County Code as needed within a reasonable time following the adoption of the Ordinance to effectuate this Ordinance, and from time-to-time as the necessity of any other amendments becomes clear.

SECTION 4. CONSTRUCTION & INTERPRETATION.

This Ordinance and its provisions shall be broadly construed and interpreted to accomplish its purpose and intent.

SECTION 5. CEQA.

This Ordinance is exempt from the California Environmental Quality Act (CEQA) as a citizen-sponsored initiative.

SECTION 6. SEVERABILITY.

If any provision of this Ordinance, or part thereof, or the application of any provision or part to any person or circumstance is held for any reason to be invalid or unconstitutional, the remaining provisions and parts shall not be affected, and the Ordinance as a whole shall be interpreted in light of its stated Purpose and Intent. The People of the County of Sonoma hereby declare that they would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take effect immediately upon approval by the voters, or as soon as otherwise allowable under applicable law.

SECTION 8. CERTIFICATION; PUBLICATION.

Upon approval by the voters, the County Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law.

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Packet Pg. 360 Attachment: Attachment 4 - Measure J Text (4558 : Consideration of Measure J) 7/31/2024 – Page 1

CITY OF HEALDSBURG

CITY COUNCIL FUTURE AGENDA ITEMS
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) August 19, 2024 Women’s Equality Day Proclamation
Updated Public EV Charger User Fees
Continued Operation of the Sonoma County Abandoned Vehicle Abatement Program Resolution authorizing CM to execute a cooperative agreement with SCTA to complete an Engineering and Traffic Study and a Safe Routes to School Plan Update through a Safe Streets for All Grant Saggio Hills and Badger Park Design – Contract Approval Harmon Guest House Temporary Mural Public Art Project Grant Amendment Recycled Water Easement on Oak Mound Cemetery
Housing Element Strategic Implementation Plan – Professional Services Agreement Grove Street Neighborhood Implementation Plan Update
Establish Municipal Recycled Water Rates for Fiscal Years 2024-25 through 2029-30 Formula Retail Discussion
Arts and Culture Commission Discussion
September 3, 2024 Employee Anniversaries – Brian Crabb, Nicholas Doherty & Kris Kuntz (10 years) (Tuesday) Latin American Heritage Month Proclamation
Notice of Completion for Fitch Mountain Public Access Improvement Project Revisions to the Memorandum of Understanding with 421 Foss Street LLC (Duchamp Hotel) for the Foley Family Community Pavilion Project
2023 Power Content Label
Amendment to Professional Services Agreement with RRM Design Group for Architectural Construction Support and Testing Services related to the North Village Fire Substation Discussion of Future Planning Efforts to support Residential Development within Targeted Areas September 16, 2024 Pollution Prevention and Creek Week Proclamation

13.1.a
Packet Pg. 361 Attachment: Agenda Planning Sheet (4563 : Future Agenda Items - August 5, 2024) 7/31/2024 – Page 2
California Native American Day Proclamation
Memorandum of Understanding to be a member agency in the Russian River Reuse Collective (R3C) Mill District – Development Agreement Amendment
Climate Mobilization Strategy Annual Update
Parking Ordinance Update
October 7, 2024 International Active Aging Week Proclamation Domestic Violence Awareness Month Proclamation
Discussion of Future Fireworks Shows and Possible Alternatives Emergency Operations Plan update adoption
Saggio Hills Development Park Naming Proposals
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda)

13.1.a
Packet Pg. 362 Attachment: Agenda Planning Sheet (4563 : Future Agenda Items - August 5, 2024)

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