The Community Services Director or designee may adopt administrative regulations or policies and/or approve waivers that are consistent with and that further the terms and requirements set forth within this Chapter, and as may be necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful uses, protect the safety of persons and property and to control vehicular and pedestrian traffic. All such administrative regulations or policies must be in writing.
12.24.130 – Penalties.
Any person who intentionally violates any of the provisions of this Chapter shall be guilty of a misdemeanor. Violations of this chapter may enforced pursuant to any laws and remedies available to the City including but not limited to enforcement as a misdemeanor and/or public nuisance pursuant this Code.
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Packet Pg. 225 Attachment: Attachment D - HMC Chapter 12.24 Special Events (4579 : 2025 Master Calendar of Events and Requests for City Partnership)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: November 18, 2024
SUBJECT: Discussion and Direction Regarding Use of 217 Healdsburg Ave (former Chamber of Commerce Building)
PREPARED BY: Tyler Kettmann, Central Services Manager
STRATEGIC INITIATIVE(S):
Maintain and Improve Infrastructure and Facilities
Provide Effective Governance
RECOMMENDED ACTION(S):
Receive a presentation summarizing results of the RFP for use of 217 Healdsburg Ave and adopt a resolution conditionally awarding a lease to Bike Tour Sonoma and authorizing the City Manager to negotiate and execute an agreement.
COMMUNITY ENGAGEMENT/OUTREACH:
Not Applicable.
BACKGROUND:
The City of Healdsburg (City) is the owner of certain real property located at 217 Healdsburg Avenue, Healdsburg, CA 95448, more commonly known as the Chamber of Commerce Building (the “Property”).
Staff have identified the following goals and objectives for future use of the Property:
• The Property is of historical significance to Healdsburg and there is strong interest in preserving and honoring the history and architecture of the space; • The Property should be activated to support a vibrant downtown; • The Property, and any potential proposed tenant within, should be viable and sustainable; and
• The Property should provide some community benefit, either in the form of public
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services, economic development purposes, or revenue to support City operations. • Staff is seeking no more than a five (5)-year initial lease term (maximum).
On May 20, 2024, Council directed staff to proceed with a Request for Proposals (RFP) for Lease of the City-owned property at 217 Healdsburg Avenue. Staff released the RFP on June 11, 2024. When the RFP closed on July 17, 2024, the City had received no proposals. Staff reviewed the plan holders list and solicited feedback from potential respondents on what may have kept them from submitting a proposal. After compiling and reviewing the feedback, the RFP was revised, and the requirements were simplified to encourage more participation in the RFP.
The revised RFP was released on August 15, 2024. The City received two responsive proposals on September 19, 2024 from Bike Tour Sonoma LLC and Healdsburg Realty, LLC.
Bike Tour Sonoma (BTS) proposed using the Property as headquarters for their business operations, managing e-bike tours, rentals, and sales. They included an intention to open the office/meeting space for use by non-profits in the cycling space. BTS intends to use the ground floor of the Property as a tour and rental meeting spot, as well as a retail bike shop. They intend to use the second floor of the Property as an administrative office and non-profit meeting space.
Storage for their bike inventory is proposed in the storage building at the back of the property.
BTS proposed 9AM to 6PM business hours and rental term length of five years, with a monthly rate proposed of $1,500.
The Healdsburg Realty proposal was for use of the Property as the new home for their business operations providing real estate services. They also included an offer to provide office space to local non-profits on certain days and times. Healdsburg Realty intends to maintain the existing floorplan but did not specify further details on how the space would be utilized. Healdsburg Realty did propose tenant improvements to the back storage building to use it as an office space.
A concept design of the improvements was not provided. Healdsburg Realty proposed a rental term length of three years, with a monthly rate proposed of $2,500.
DISCUSSION/ANALYSIS:
Proposals were evaluated and scored based on responses to the information requested in the RFP, and on any other information available, such as on past performance of City agreements. To evaluate proposals and prepare a recommendation to City Council, staff organized an evaluation committee. The evaluation committee was formed with four (4) City staff from different City departments including: Public Works, Community Development, Finance, and the City Manager’s Office.
Proposals were evaluated and ranked based on the following criteria:
• Cover Letter - Reflects project understanding and summarizes critical issues, challenges, milestone tasks, and appropriate resourcing.
• Proposed Use – Quality of proposed use and business plan; and demonstrated ability to successfully achieve the City’s goals and objectives for the Property • Community Benefits – Proposer adequately describes any community benefits provided
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by the proposed use.
• Project Schedule - adequacy and reasonableness of schedule and deadlines. • Proposed Lease Terms – Rental Fee, Tenant Improvement Investments, and Lease term length.
The committee met initially to discuss the scoring rubric and timeline for evaluation. Once the initial scores were recorded, the evaluation committee met a second time to discuss any questions for the respondents based on the initial review of proposals. A list of clarifying questions for both respondents was generated, and an inquiry was made. The committee met a final time to review the respondents’ response to questions and finalize scores for each proposal.
The proposals were scored and ranked as follows:
Proposer
Cover
Letter
Rating
Proposed
Use Rating
Community
Benefits
Rating
Project
Schedule
Rating
Proposed
Lease
Terms
Rating
Total
Rating
Score
Bike Tour
Sonoma 7.63 23.45 12.00 12.19 15.50 70.76
Healdsburg
Realty 7.63 21.00 10.50 11.44 17.00 67.56
MAX POINTS 10 35 20 15 20 100
The evaluation committee found the use proposed by Bike Tour Sonoma slightly preferable due to greater potential to activate the retail storefront. Although the use of outdoor space and the outbuilding might be marginally more complex to manage, the evaluation committee believes that Bike Tour Sonoma has greater potential to add liveliness and foot traffic to the south end of the downtown commercial zone.
Based on the evaluation committee ranking and review, staff are recommending and requesting Council direction to conditionally award the RFP to Bike Tour Sonoma and authorize the City Manager to negotiate and execute a Lease agreement with the proposed awardee.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
The purpose of this presentation is to seek direction from Council on the proposed RFP award.
As an alternative, Council could:
1. Reject all proposals and direct staff to post a new RFP
2. Reject all proposals and keep Property available for future City use
3. Reject all proposals and provide further direction to staff FISCAL IMPACT:
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Bike Tour Sonoma proposed a lease term of five years with a monthly rent of $1,500 for a total of $18,000 in rental revenue per year and $90,000 over the entire term of the lease. Revenues collected as rent would be placed into the General Fund and are subject to appropriation via the bi-annual budget process. Staff are proposing that council authorize the City Manager to negotiate and execute a lease with Bike Tour Sonoma for the property located at 217 Healdsburg Avenue.
ENVIRONMENTAL ANALYSIS:
Pursuant to California Environmental Quality Act (“CEQA”) and Title 14, the California Code of Regulations Section 15378(b)(2), the recommended action is administrative in nature and does not qualify as a “Project” under CEQA. Therefore, no further CEQA or environmental review is required.
ATTACHMENT(S):
Resolution
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CITY OF HEALDSBURG
RESOLUTION NO. _____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG CONDITIONALLY AWARDING THE LEASE
OF THE CITY-OWNED SPACE AT 217 HEALDSBURG AVE.
TO BIKE TOUR SONOMA, LLC, AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE THE
LEASE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the City of Healdsburg (City) is the owner of certain real property located at 217 Healdsburg Avenue, Healdsburg, CA 95448, more commonly known as the Chamber of Commerce Building (the “Property”); and
WHEREAS, on May 20, 2024, Council directed staff to proceed with a Request for Proposals (RFP) for Lease of the City-owned property at 217 Healdsburg Avenue; and WHEREAS, the City received two responsive proposals on September 19, 2024 from Bike Tour Sonoma LLC and Healdsburg Realty, LLC; and
WHEREAS, to evaluate proposals and prepare a recommendation to City Council, staff organized an evaluation committee; and
WHEREAS, the evaluation committee evaluated and scored proposals based on responses to the information requested in the RFP; and
WHEREAS, the top-ranked proposal was from Bike Tour Sonoma, LLC; and WHEREAS, staff are recommending Council conditionally award the RFP to Bike Tour Sonoma and authorize the City Manager to negotiate and execute a Lease Agreement with the proposed awardee; and
WHEREAS, Pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b) (5), the recommended action is an administrative activity of the City and will not result in direct or indirect physical changes in the environment and does not qualify as a “Project”. Therefore, no further CEQA or environmental review is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby:
1. Conditionally awards the Lease of the City-owned space at 217 Healdsburg Ave to Bike Tour Sonoma, LLC.
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2. Authorizes the City Manager to negotiate and execute the lease agreement with Bike Tour Sonoma on behalf of the City.
3. Finds that pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b) (5), the recommended action is an administrative activity of the City and will not result in direct or indirect physical changes in the environment and does not qualify as a “Project”. Therefore, no further CEQA or environmental review is required.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg this 18th day of November 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. 231 Attachment: Resolution (4665 : Discussion and Direction Regarding use of 217 Healdsburg Ave)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: November 18, 2024
SUBJECT: Appointment of Arts and Culture Commissioners
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):
By motion, appoint three applicants to the Arts and Culture Commission for a term of two years due to expire January 1, 2027 and appoint four applicants to the Arts and Culture Commission for a term of three years due to expire January 1, 2028.
COMMUNITY ENGAGEMENT/OUTREACH:
In 2019, the City launched an arts and culture master planning process led by a community-based Creative Leadership Team and a consultant, the Cultural Planning Group. Over the course of three years, the City held numerous community meetings, stakeholder discussions, and other community engagement and outreach activities.
The City published the Arts and Culture Commission vacancy in the Press Democrat and the Healdsburg Tribune once a week. Information on the vacancy was also posted on the City Website and the City Social Media Platforms.
BACKGROUND:
City Council adopted the City’s Arts and Culture Master Plan on in August 2021. The concept of creating an Arts and Culture Commission is part of the Arts and Culture Master Plan’s recommendations. On October 7, 2024 City Council passed Ordinance No. 1242 creating the City’s first Arts and Culture Commission, and adopted resolution 114-2024 establishing the composition and qualifications, appointment terms, powers and duties, and meeting protocols for the Commission.
At its October 21, 2024, meeting, the City Council formed one subcommittee comprised of Mayor Hagele and Council Member Herrod to interview applicants interested in serving on the Arts and Culture Commission.
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The City Clerk received seventeen applications for seven open positions on the Arts and Culture Commission. The Council Subcommittee interviewed the seventeen applicants over a two-day period on November 14, 2024 and November 15, 2024. The seventeen applicants interviewed are listed below.
Liza Gershman Lisa Rhodes
Paul Mahder Cristal Lopez
Gretchen Meyer Noah Jeppson
Marcy Frank Alexander Harris
Gianna Davy Grace McAllister
Michiko Conklin Gina Riner
Dinna Eisenhart Vesna Breznikar
Seana Maclure Jenny Meeker
Rosaura Garcia
DISCUSSION/ANALYSIS:
The Council subcommittee will make their recommendation at the City Council meeting.
Council will have the opportunity to discuss the recommendation.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
The Council could opt to not take the Subcommittee’s recommendation. In that case Council could appoint other applicants to the vacancies or direct staff to restart the recruitment process for the vacancy.
FISCAL IMPACT:
There is no fiscal impact related to the proposed action.
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):
Arts and Culture Commission Applications
Arts and Culture Commission - Ordinance 1242
Arts and Culture Commission - Resolution 114-2024
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Packet Pg. 267 Attachment: Arts and Culture Commission Applications (4677 : Arts and Culture Commission Appointment) Addendum – Art & Culture Commission Application – Gina Riner 6 November 2024 – Gina Riner
Introduction
The Healdsburg Art & Culture Commission can be used as a strategic tool to improve our town by fostering creativity, economic activity, community engagement and connectedness through sensible policies and plans. I’ve witnessed first-hand the positive impact art and culture has had on the community through my two decades of work with local nonprofit art and culture organizations.
Three factors that make me a strong candidate for the City of Healdsburg’s newly established Arts & Culture Commission:
1. Dedication to advancing art and culture in Healdsburg for 20+ years
2. Deep investment in the Healdsburg community
3. Relevant art and culture work experience
Over many years I have gained knowledge and understanding of how local government works:
- Attended numerous City of Healdsburg’s City Council meetings - Served on the SDAT Committee and the Creative Leadership Team - Presented multiple times in front of City Council on matters of arts advocacy - In 2018, on behalf of the Healdsburg Jazz Festival (HJF), wrote a grant requesting the City support the 20th Annual Healdsburg Jazz Festival. I presented the proposal at a City Council meeting which resulted in HJF receiving a $25,000 grant
Other Relevant Experience
Healdsburg Center for the Arts
- Served on the Board of Directors as VP of Marketing
- Produced the 2013 and 2022 Healdsburg Arts Festival in the plaza. Invited all Healdsburg nonprofit art and culture organizations to have a free booth space so they could promote their work https://www.healdsburgtribune.com/the-arts-conquer-healdsburg/ - Founded Art After Dark in 2016 as a way to encourage locals to participate in a cultural experience as well as provide visitors an authentic Healdsburg experience. Produced the first four events, which included a collaboration with Corazon Healdsburg (Ari Rosen, Leticia Valentin) in August to honor Hispanic Heritage Month. Invited North Bay Car Club to display their custom cars on Plaza St. which, according to car club president Rudy Campos, was the first time being invited to such an event. (Now the low rider car clubs are included on a regular basis at similar events.)
- Facilitated outdoor art activities for kids during the Pandemic Healdsburg Heritage Project
Founder and Director. Developed Enduring Spirit: Ten Lives of Healdsburg, an art and culture initiative honoring our town’s elders through photography, essays and historical exhibits. Worked with the Healdsburg Museum and the City of Healdsburg to facilitate this project. Resulted In numerous exhibits, community conversations and connections between generations. The portraits hung in City Hall initially and were then donated to the Museum.
Healdsburg Jazz Festival
- Volunteered 8 years as a Festival Venue Manager and PR/marketing consultant for the annual jazz festivals - Hired as Executive Director in 2018; co-produced the 19th & 20th Healdsburg Jazz Festivals. Helped create and manage Jazz Village, a new festival component that connected the musicians, festival goers and volunteers as well as provided arts education for local school children from Healdsburg to Cloverdale - Developed HJF’s first strategic plan. Strengthened donor relations, fundraising and volunteer development Heartizens
- General volunteer at the FFA Parade and various children’s art activities and fundraising event
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CITY OF HEALDSBURG
ORDINANCE NO. 1242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG AMENDING CHAPTER 2.32 OF TITLE 2 OF
THE HEALDSBURG MUNICIPAL CODE (BOARDS,
COMMITTEES AND COMMISSIONS) TO ADD AN ARTS AND
CULTURE COMMISSION
WHEREAS, in 2018 the Healdsburg City Council set a City Council goal to prepare a community-based arts and culture plan, work with local organizations and businesses to explore opportunities to foster and enhance the arts, explore funding options to support community art and encourage artistic and cultural activities in the City, assess the socio-economic impact of the arts and how the City compares to other cities in terms of supporting the arts, and explore funding options to encourage artistic and cultural activities; and WHEREAS, the City Council adopted the City of Healdsburg Community Arts and Culture Plan (“Master Plan”) on August 16, 2021; and
WHEREAS, one of the goals set forth in the Master Plan is to build a foundation for arts and culture in the City, partly through the creation of an Arts and Cultural Commission; and WEHREAS, on August 19, 2024, the City Council considered a framework for the structure and duties of an Arts and Culture Commission and directed staff to prepare the enabling legislation to create such a commission; and
WHEREAS, creation of an Arts and Culture Commission is not subject to the California Environmental Quality Act (CEQA) because creating an Arts and Culture Commission does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment and is thus not a project.
NOW, THEREFORE, the City Council of the City of Healdsburg does ordain as follows:
SECTION 1 Findings.
The above recitals are hereby declared to be true and correct findings of the City of Healdsburg.
SECTION 2: Chapter 2.32 is hereby amended as follows (additions underlined, deletions strikethrough):
Chapter 2.32
BOARDS, COMMITTEES AND COMMISSIONS
Sections:
Article I. General Provisions
2.32.010 Appointment of special committees.
Article II. Planning Commission
2.32.020 Established.
2.32.030 Composition and qualifications.
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2.32.040 Appointment – Terms.
2.32.050 Powers and duties.
Article III. Parks and Recreation Commission
2.32.060 Established.
2.32.070 Composition and qualifications.
2.32.080 Appointment – Terms.
2.32.090 Powers and duties.
2.32.100 Officers of the commission.
2.32.110 Meeting protocol.
2.32.120 Secretary to the parks and recreation commission.
2.32.130 Reserved.
Article IV. Arts and Culture Commission
2.32.060 Established.
2.32.070 Composition and qualifications.
2.32.080 Appointment – Terms.
2.32.090 Powers and duties.
2.32.100 Officers of the commission.
2.32.110 Meetings.
2.32.120 Secretary to the Arts and Culture Commission.
Article IV. Arts and Culture Commission
2.32.060 Established.
The Arts and Culture Commission is established for the City. A majority of the members shall constitute a quorum. (Ord.)
2.32.070 Composition and qualifications.
The composition and qualifications of the Arts and Culture Commission shall be established by City Council resolution.
All members of the Arts and Culture Commission shall serve without compensation.
2.32.080 Appointment – Terms.
Members of the Arts and Culture commission shall be appointed by a majority of the City Council present at the time of appointment, each to serve at the will of the City Council for a term of up to three years and until a successor is appointed and takes the oath of office. A member may serve multiple terms.
2.32.090 Powers and duties.
The powers and duties of the Arts and Culture Commission shall be established by City Council resolution.
2.32.100 Officers of the Commission.
The Arts and Culture Commission shall appoint from its members a chairperson and vicechairperson whose terms of office for said positions shall be for one year.
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CITY OF HEALDSBURG
RESOLUTION NO. 114-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG ESTABLISHING THE COMPOSITION AND
QUALIFICATIONS, APPOINTMENT TERMS, POWERS AND
DUTIES, AND MEETING PROTOCOLS OF THE ARTS AND
CULTURE COMMISSION PURSUANT TO ARTICLE III OF
CHAPTER 2.32 OF THE HEALDSBURG MUNICIPAL CODE
WHEREAS, establishing the number of positions, qualifications, appointment terms, powers and duties, and meeting protocols for the various City boards, committees and commissions is within the authority of the City Council; and WHEREAS, the City Council has determined that setting the composition, qualifications, appointment terms, powers and duties and meeting protocols of the Parks and Recreation Commission by resolution will expedite the approval of changes in the future; and WHEREAS, Article III of Chapter 2.32 of the Healdsburg Municipal Code, as revised, establishes an Arts and Culture Commission in the City; and WHEREAS, adoption of this resolution e stablishing various terms and procedures for the Arts and Culture Commission is not subject to the California Environmental Quality Act (CEQA) because it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment and is thus not a project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby establishes the composition and qualifications, appointment and terms, powers and duties, and meeting protocols for the Parks and Recreation Commission as follows:
MEMBERSHIP
The Arts and Culture Commission shall consist of seven members, subject to provisions herein.
One of the seven members may be designated by City Council as a youth commissioner who shall be under the age of 18. Two of the seven members may reside outside the City limits but must reside at a location that is within the boundaries of the Healdsburg Unified School District.
All members of the Arts and Culture Commission shall serve without compensation.
TERMS OF OFFICE OF MEMBERS
Each member of the Arts and Culture Commission shall serve a three-year term. The first four appointments shall be for a term of three years. The terms of the other three members shall be for two years, and thereafter the terms of these three members shall be for three-year terms from the initial appointment. The purpose of this appointment schedule is to stagger the terms of Commissioners. Each member shall serve at the pleasure of the Mayor and the City Council until his or her successor is appointed.
VACANCY
Upon the death, resignation, disability to perform the duties of a member of the Arts and Culture
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Commission; or upon the loss of permanent residency from the City and/or the Healdsburg Unified School District; or upon the failure to attend three consecutive regular meetings of the Arts and Culture Commission , except in case of illness or for some other unavoidable cause, the City Council shall review and, in its discretion, declare the office of such member vacant and, if it so desires, make an appointment to fill such vacancy for the unexpired term of such member.
POWERS AND DUTIES
The Arts and Culture Commission shall serve in an advisory capacity to the City Council and the Community Services Director on policies and programs pertaining to arts and culture. The Commission’s duties shall include:
A. Act in an advisory capacity to the City Council and staff on matters pertaining to the enrichment of the community through fine arts, visual arts, performing arts, digital and media arts, arts education, community cultural activities and events.
B. Serve as an advocate for cultural activities, community cultural programs and events, and the creative community within the City.
C. Encourage the integration of art, cultural programs, and cultural events into the fabric of the City to enrich the quality of life for residents, enhance economic development, celebrate diversity and inclusion, and welcome visitors to Healdsburg D. Promote arts and cultural activities of and in the City to broaden opportunities for residents, businesses, and visitors’ participation in the arts
E. Develop initiatives to enhance cultural experiences that focus on inclusivity and diversity, ensuring equitable representation and participation of all community groups, particularly underrepresented populations and individuals with disabilities F. Seek, foster and enhance public, non-profit, and private partnerships in providing arts and cultural opportunities, programming, and funding; work with partners to research and propose creative solutions for sustainable financial and nonfinancial support of arts and culture in the city
G. Identify and promote an inclusive creative economy that serves as an integral part of Healdsburg’s economic vitality
H. Advise City Council on the City’s Public Art Program, including establishing a long-term vision for public art in Healdsburg
I. Provide guidance and recommendations to the City Council on programs and policies to further the goals of the Arts and Culture Master Plan such as arts grant programs and a percent for the art policy
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CITY OF HEALDSBURG
RSA AGENDA STAFF REPORT
MEETING DATE: November 18, 2024
SUBJECT: District Elections - Resolution of Intent
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):
Effective & Efficient Government
RECOMMENDED ACTION(S):
Adopt a Resolution declaring the City’s intent to initiate procedures to transition from at-large elections to district-based elections pursuant to California Elections Code Section 10010, and approving the tentative timeline and other related actions.
COMMUNITY ENGAGEMENT/OUTREACH:
City Staff have initiated outreach to advise residents of the City’s possible transition to districtbased elections. Outreach includes posting on social media channels, including Facebook, Instagram and Nextdoor. The City has also shared information on the City’s website and in the bi-weekly City Manager’s Update. Going forward, the City will continue to distribute information via the City social channels, City Manager’s Update, a dedicated webpage on the City’s website, and distribution of printed materials at City and community facilities. The City Council will also be holding numerous public meetings to discuss the transition and determination of district boundaries, including five public hearings and, potentially, additional community meetings.
BACKGROUND:
The California Voting Rights Act (CVRA) was enacted in 2001, in part, to provide minority groups in California with tools to prevent dilution of votes in “at-large” election systems – meaning each Councilmember is elected by the registered voters of the entire City. The CVRA prohibits any at-large voting system that hinders the ability of a protected class to elect candidates of its choice or influence the outcome of an election. A violation of the CVRA is established if racially polarized voting occurs in elections for Councilmembers or other matters submitted to the voters.
The CVRA defines “protected class” as a class of voters who are members of a race, color, or language minority group, as referenced and defined in the Federal Voting Rights Act of 1965
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(FVRA). “Racially polarized voting” is voting in which there is a difference in the choice of candidates or other electoral choices preferred by voters in a protected class, as compared to the rest of the electorate (i.e., the protected class members vote as a bloc, but the majority bloc usually defeats the protected class’s preferred candidate).
The CVRA does not require showing that the City, the voters, or the elected officials intended to discriminate against a protected class. Similarly, the fact that members of a protected class are not geographically concentrated does not preclude a finding of racially polarized voting. Instead, a violation of the CVRA may be established by showing that both racially polarized voting and dilution occur in elections for members of the governing body. Dilution can be shown where the protected class can show that the at-large election prevents them from electing, either on their own or with the support of crossover voters, their preferred candidate.
The City of Healdsburg currently elects its Councilmembers at-large. On October 3, 2024, the City received a letter from a potential plaintiffs’ attorney, Shenkman & Hughes PC, alleging a violation of the CVRA and threatening litigation unless the City voluntarily transitions to a district-based election system for electing Councilmembers. The letter is attached as Exhibit A and, broadly, alleges that the City at-large election system violates the CVRA because the system allegedly dilutes the power of Latino voters.
DISCUSSION/ANALYSIS:
Given the low threshold for establishing a violation of the CVRA, and the fact that no city has yet successfully defended a challenge under the CVRA (despite some spending millions in legal fees), staff advises that Healdsburg transition to district-based elections on the timeline described below.
Elections Code section 10010 outlines the “safe harbor” for a city to transition to district-based elections – meaning, if the city transitions on the timeframe prescribed by statute, the City is able to limit its exposure to litigation to $30,000. The timeline is quick, though: the City must adopt a resolution outlining its intent to transition from at-large to district-based elections within fortyfive (45) days of receiving a demand letter. Healdsburg received a demand letter on October 3, 2024-, so the last day for the City to adopt a resolution of intent is November 18. After adopting the resolution of intent, the statute permits the City ninety (90) days to complete the transition.
Tentative Timeline for Transition
If the Council decides to proceed with transitioning to district-based elections, the City will be required to hold at least two public hearings over the next 30 days, at which the public is invited to provide input regarding the composition of the districts. No official maps can be drawn before the completion of these two public meetings. Once the initial two meetings are complete, a demographer and the public can begin to draw maps that will be considered in the districting process. The City would then hold at least two additional hearings over the next 45 days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of elections. Once a map is selected, it must be published at least seven days before consideration at a hearing for introduction of an ordinance to adopt the district map.
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The City will also need to comply with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act, which provides criteria that the City must use when establishing election district boundaries or when undertaking the redistricting process (which must occur every ten years after each population census). This criteria includes compliance with the United States Constitution, the California Constitution, and the FVRA. The Fair Maps Act also prohibits the adoption of district boundaries for the purpose of favoring or discriminating against an incumbent councilmember, political candidate or political party.
Staff has prepared a tentative timeline that identifies the preliminary schedule for the required public hearings and public outreach and complies with Elections Code 10010 (see Exhibit A to Attachment 1). This timeline may change depending on the level of community involvement and the complexity of the map drawing process.
Given the short timeframes to transition to district-based elections and the upcoming holiday season, City Staff met with the potential plaintiff’s attorney regarding an additional sixty days beyond the ninety-day statue. Elections Code section 10010 provides that a city may enter into a written agreement to extend the 90-day period in order to provide additional time to conduct public outreach, encourage public participation, and receive public input. If the resolution of intent is adopted, Staff will memorialize that extension of 60 days. With the extension, Staff anticipates completing the transition to district elections by April 2025.
Demographer
A demographer will assist by walking elected officials, staff and the public through the background of the CVRA districting process, facilitating community input on potential new district boundaries, and overseeing the technical aspects of implementing the new boundaries.
Per the City’s Purchasing Policy, City staff solicited proposals from seven demographer firms and are in the process of selecting a demographer. The demographer will attend the public hearings and provide the City Council with analysis and recommendations regarding the maps that will be prepared during the transition process.
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
Council could choose not to move forward with transitioning to district-based elections. If this alternative is selected, staff requests further direction.
FISCAL IMPACT:
If the City Council decides to transition to district-based elections, there will be a fiscal impact due to the costs associated with that transition. Costs include the demographer, which are estimated to be less than $50,000, legal costs, and payment of the plaintiffs’ attorney costs of $30,000. A budget amendment covering these anticipated costs will be presented separately as part of a financial update to the City. Alternatively, if the City Council decides not to transition to district-based elections, the City could incur significant costs relating to litigation. There have been numerous cities that have received a similar letter from various plaintiff’s attorneys threatening legal action under the CVRA. These types of lawsuits are expensive, with cities
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paying millions of dollars in attorneys’ fees to defend their at-large election system. To date, however, no public agency has prevailed in such a lawsuit.
ENVIRONMENTAL ANALYSIS:
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378).
ATTACHMENT(S):
Resolution
Tentative Timeline - Implementing District Based Elections Exhibit A
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4881-9175-7049 v1
CITY OF HEALDSBURG
RESOLUTION NO. -2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG DECLARING THE CITY OF HEALDSBURG’S
INTENT TO INITIATE PROCEDURES TO TRANSITION FROM
AT-LARGE ELECTIONS TO DISTRICT-BASED ELECTIONS
PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
10010, APPROVING THE TENTATIVE TIMELINE AND
OTHER RELATED ACTIONS
WHEREAS, members of the Healdsburg City Council are currently elected in “at-large” elections, in which each City Councilmember is elected by the registered voters of the entire City; and
WHEREAS, California Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an “at-large” system to a “district-based” system in which each councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, on October 3, 2024, the City of Healdsburg (“City”) received a certified letter from a potential plaintiffs’ attorney, alleging a violation of the California Voting Rights Act (the “CVRA”) and threatening litigation if the City declines to voluntarily transition to a district-based system for electing Councilmembers; and
WHEREAS, the letter was not accompanied by any evidence to support the claim of a CVRA violation, and the Council denies that its election system violates the CVRA or any other provision of law, asserts that the City’s election system is legal in all respects, and further denies any wrongdoing whatsoever in connection with the manner in which City Council elections have been conducted; and
WHEREAS, the City is committed to diversity and inclusion with respect to its elections and the Council has determined that the public interest is better served by initiating a process for transition to a district-based election system and thereby avoiding the high costs associated with defending a lawsuit under the CVRA; and
WHEREAS, Elections Code Section 10010 provides a method whereby a jurisdiction can expeditiously transition to a district-based election system and thereby avoid the high cost of litigation under the CVRA if the jurisdiction complies with the “safe harbor” provisions of Elections Code Section 10010; and
WHEREAS, California Elections Code Section 10010 will delay CVRA litigation and cap attorneys’ fees associated with a CVRA claim at $30,000, if, within forty-five (45) days of receipt of a claim under the CVRA, the City adopts a resolution stating its intent to transition to districtbased elections, and within ninety (90) days thereafter (or as otherwise stipulated by the parties),
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Packet Pg. 281 Attachment: Resolution (4675 : District Elections - Resolution of Intent) Resolution No. – 2024
4881-9175-7049 v1
the City adopts an ordinance transitioning to a district-based election system consistent with the intent and purpose of the California Voting Rights Act.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby make the following findings and determinations:
Section 1. The above recitals are true and correct and incorporated by reference herein.
Section 2. The City Council hereby expresses its intent to transition from an at-large election system to a district-based election system as authorized by Government Code section 34886 and Elections Code section 10010 for use in the City’s General Municipal Election for City Councilmembers commencing in November 2026.
Section 3. The City Clerk is directed to publicize and post information regarding the proposed transition to a district-based election system, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.
Section 4. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting public hearings to solicit and receive public input regarding proposed district-based electoral maps and district-based election systems, and for the City Council’s evaluation, possible refinement and ultimate adoption of a district-based election system for election of City Council members.
Section 5. The tentative timeline contained in Exhibit A may be adjusted by the City Manager as he deems necessary or appropriate, provided that the extension is agreed to by the potential plaintiff’s attorney and that the adjustments conform to Elections Code section 10010.
Section 6. The City Council directs the City Manager to continue to work with the City Attorney and the retained demographer, to resolve all legal issues necessary to give effect to this Resolution and to meet the tentative timelines set forth in Exhibit A.
Section 7. Nothing contained herein shall preclude the City Council from selecting an alternative election system or making any alternative decision, should public input and other evidence indicate that an alternative system or decision is appropriate for the City.
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Packet Pg. 282 Attachment: Resolution (4675 : District Elections - Resolution of Intent) Resolution No. – 2024
4881-9175-7049 v1
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Healdsburg this 18th day of November 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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Tentative Timeline for Consideration and Implementation of District-Based Elections Date Event Code § Comment
10/3/24 City received certified
demand letter from
Shenkman & Hughes
EC§10010(e)(1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision (“City’) against which the action would be brought asserting that the City’s method of conducting elections may violate the California Voting Rights Act.
EC§ 10010(e)(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the City’s receipt of the written notice described above (CVRA lawsuit cannot be commenced until November 17, 2024. Since this is a Sunday use the November 18, 2024 date).
11/18/24 Resolution is
considered at City
Council Meeting
EC§ 10010 (3)(A) Within 45 days of receipt of a notice, the City may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. (CVRA lawsuit cannot be commenced until November 17, 2024. Since this is a Sunday use the November 18, 2024 date).
11/18/24 Resolution is adopted
at City Council
Meeting
EC§ 10010(e)(3)(B) If the City begins the process of switching to districts within 45 days and adopts a resolution to that effect a potential plaintiff cannot commence an action within 90 days of the resolution’s passage. (CVRA lawsuit cannot be commenced until February 16, 2025, with 60 day extension, the new date would be April 17, 2025.
Before
First Public
Hearing
and
throughout
process
Conduct public
outreach, encourage
public participation,
and receive public
input
EC§ 10010(a)(1)
The City may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation.(i.e. farmers market, public library, public schools, places of worship, homeowners associations, and community organizations)
12/16/24 1st Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) First and second public hearings must occur within a period of 30 days.
No maps for review, but take public comments on composition of districts and preference for district lines.
1/13/25 2nd Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) No maps for review, but take public comments on composition of districts and preference for district lines.
2/10/25 Publish for review
first drafts of district
election maps and
EC§ 10010(a)(2) After all draft maps are drawn, at least 7 days before the 3rd public hearing, the City shall publish and make available for release at least one draft map and, if city councilmembers
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potential sequence of
elections
will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections.
2/18/25 3rd Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) The City shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. 3/10/25 Post any new or
amended maps
EC§ 10010(a)(2) Maps available for review at least 7 days before consideration at the 4th public hearing. 3/17/25 4th Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) Take public comments on proposed maps. Council may introduce ordinance adopting the map at this meeting if map is not changed and selected at this public hearing. If map is changed at this meeting, the map will need to be published again for 7 days and ordinance cannot be introduced until 7 days after amended map is published. 4/7/25 5th Public Hearing
(Regular Meeting)
• If Council makes revisions to map introduced on 3/3/25, Council can re-introduce ordinance establishing district elections, including district boundaries and election sequence and adopt ordinance at next regular meeting on 4/7/25; or adjourn this regular meeting on 3/17/25 to another date to adopt ordinance; Or
• If no revisions to map prior to second reading of the ordinance adopting the map, Council can adopt ordinance at this meeting;
Or
• Make further changes to map without introduction of the ordinance adopting the map.
DEADLINE
4/17/25
EC§ 10010(e)(3)(B)
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Attachment: Exhibit A (4675 : District Elections - Resolution of Intent)
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Attachment: Exhibit A (4675 : District Elections - Resolution of Intent)
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Attachment: Exhibit A (4675 : District Elections - Resolution of Intent)
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Attachment: Exhibit A (4675 : District Elections - Resolution of Intent)
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Attachment: Exhibit A (4675 : District Elections - Resolution of Intent) 11/13/2024 – 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) December 2, 2024 Employee Anniversaries – Victor Halverson (35 years), Eddie Uribe (20 years) and John Peterson (5 years) Investment Report – October 2024
Disbursement Report – October 2024
Prohousing Incentive Program (PIP) funding – Round 3 Application Prohousing Incentive Program (PIP) Grant Award Acceptance Authorize Rates for Refuse Collection and Disposal Services for 2025 Agreement with eScribe Agenda Management Software
Corazon Lease Agreement Extension
Alliance Medical Center Lease Agreement Extension
Low Carbon Fuel Standards Equity Programs for Transportation Electrification Revisions to the Memorandum of Understanding with 421 Foss Street LLC (Duchamp Hotel) for the Foley Family Community Pavilion Project
Formula Retail Business Discussion
City-Owned Land for Housing Production
Discussion of Future Fireworks Shows and Possible Alternatives December 16, 2024 Reach for Home Quarterly Update
Funding Agreement with County of Sonoma for Measure H funding Housing Element Strategic Implementation Plan – Professional Services Agreement Public EV Charging – Phase One
Laura Fish Somersal Park Design – Contract Approval
Acceptance of Sonoma County Funding for Community Center Improvements First Public Hearing for Establishment of District Elections Resolution Renaming the Healdsburg Community Center
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Canvas of 2024 Election Results - Installation of New Councilmembers Selection of Mayor and Vice Mayor 2024
Annual Appointments to Regional Boards and Commissions
2025 City Council Meeting Calendar
January 6, 2025
Tentatively Cancelled
January 13, 2025
Tentative Second Public Hearing for District Elections
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda)
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