HUSD Events, and City Events (“Event Planning Services”). Milestone will conduct its use and operation of the Property in a professional manner consistent with the event management practices utilized at other Milestone venues.
7.1 City Obligations in Relation to Events. City shall transfer all payments made to the City or prior operator for Events occurring after July 1, 2022 to Milestone by August 1, 2022.
City shall direct to Milestone any inquiries that City receives about Events at the Property for Milestone’s consideration and, upon request, shall reasonably assist Milestone in marketing and implementation of Events at the Property.
7.2 Milestone Obligations with Respect to Previously Scheduled Events. City or City’s prior operator has scheduled the Events, City Events, HUSD Events, and Legion Events set forth on Exhibit 2 on the dates set forth therein. Milestone has received copies of the agreements for and agrees to manage those Events set forth on Exhibit 2, assume any obligations under the agreements pertaining to those Events, and shall not schedule any new Events that would conflict with those Events.
7.3 Milestone Obligations with Respect to City Events and HUSD Events. In scheduling Events, Milestone shall give priority to HUSD Events and City Events so long as Milestone has not previously scheduled an Event for the desired date. Notwithstanding the foregoing, Milestone shall never book an Event on the first Sunday in December to allow City to hold its Senior Appreciation Day on that date.
7.4 Free and Discounted Events
(a) Milestone will waive the rental fee for five (5) Events hosted by the City each calendar year. Rentals shall be subject to any additional applicable charges including bar packages, event planning, specialized staffing needs, cleaning fees and damage deposits, provided that the City at its option may supply its own food, alcohol, and staff. (b) Milestone will waive the rental fee for five (5) Events hosted by Healdsburg Unified School District (HUSD) each calendar year. Rentals shall be subject to any additional applicable charges including bar packages, event planning, specialized staffing needs, cleaning fees and damage deposits, provided that the HUSD at its option may supply its own food and staff.
(c) Milestone will waive the rental fee for three (3) Events hosted by Sotoyome Post No. 111 of the American Legion (“Legion”) in the Villa each calendar year.
Rentals shall be subject to any additional applicable charges including bar packages, event DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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planning, specialized staffing needs, cleaning fees and damage deposits provided that Legion at its option may supply its own food, alcohol, and staff. (d) Events with no rental fee will not occur on a Saturday during the months of April through October.
(e) Individuals residing within Healdsburg City Limits as of the date they reserve an Event shall be eligible to receive a 20% discount off the regular rental fee for Events in effect on the date the Event is reserved. Rentals shall be subject to any additional applicable charges including bar packages, event planning, specialized staffing needs, cleaning fees and damage deposits.
(f) Nonprofit organizations that are registered with the California Secretary of State with a business address within the Healdsburg City Limits as of the date they reserve an Event shall be eligible to receive a discount of 50% to 70% off the regular facility rental fee for Events in effect on the date the Event is reserved. Rentals shall be subject to any additional applicable charges including bar packages, event planning, specialized staffing needs, cleaning fees and damage deposits.
7.5 Milestone Obligations with Respect to all Events. In connection with Milestone’s rights pursuant to this Section 7, Milestone shall, for all Events, at its sole cost and expense:
a) Market the Property for Events, including deploying Milestone’s website for purposes of marketing, designing, managing and implementing the Events. It is agreed that Milestone retains the exclusive right to modify its website from time to time. Milestone retains the right to use its website for Events at other locations; b) Set fees and prices for all Events and use of the Property; c) Hire, schedule, and supervise staff necessary for Events at the Property; d) Order, maintain, and provide sufficient amounts of supplies for Events, including without limitation food, alcohol, hand soap, cleaning supplies and paper products; e) Update and manage the existing Villa Chanticleer website, https://www.villachanticleer.com owned by City (“Villa Website”); f) Prepare in consultation with City a list of approved vendors (“Approved Vendors List”) and periodically evaluate such vendors consistent with procedures manual; DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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g) Develop, in consultation with City, a procedures manual (“Procedures Manual”) for use of the Property as well as conduct of Events and modify said manual from time to time as appropriate;
h) Respond to inquiries from customers proposing to host Events at the Property (individually, an “Event Customer” and collectively, “Event Customers”); i) Negotiate, prepare and enter into contracts with Event Customers; j) Prepare and enter into contracts with vendors or contractors to supply services for the Events;
k) Prepare, in consultation with City, rules and regulations (“Rules and Regulations”) to govern behavior of guests and vendors at Events; l) Secure any necessary security and clean-up of the Property following an Event;
m) Prepare an annual report detailing Milestone’s revenue and expenses at the Property and provide said report to City no later than March 31 each year for the previous calendar year. The report will be an internal statement, prepared by Milestone in accordance with its regular accounting practices;
n) Obtain and maintain in full force and effect all permits and licenses required for the use and operation of the Premises or the Property for Events including, without limitation, a business license and a Type 47 general ABC license to serve beer, wine, and distilled spirits (“Liquor License”).
8. Use of the Villa Annex. The Parties acknowledge and agree that the Villa Annex is subject to a Lease Agreement between City and Legion, which shall hereinafter be referred to as the “Legion Lease.” The Legion Lease is attached hereto as Exhibit 3. City assigns Milestone the City’s rights under the Legion Lease to use the Villa Annex with Legion’s permission.
Pursuant to the Legion Lease, Legion provides an American Legion Event Schedule during the last quarter of each calendar year for Legion’s Events on the Property in the following calendar year. City shall cause Legion to provide the American Legion Event Schedule to Milestone, or City shall provide the American Legion Event Schedule to Milestone within two (2) business days of receipt. Milestone shall not have the right to use the Villa Annex on any date listed on the American Legion Event Schedule.
9. As-Is Condition. Except as identified in Section 10 and as may be provided in any mutually agreeable Long-Term Capital Expenditure Plan developed in accordance with Section DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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11 below, Milestone accepts the Premises and the Property in their current, existing, "AS-IS" condition. Milestone acknowledges that City has made no representation or warranty regarding the condition thereof. City agrees to work as quickly as possible, taking into account the City’s budgeting process, to make any repairs that are an obligation of the City in Exhibit 4.
10. City’s Work.
10.1 By September 30, 2022, or as soon as reasonably practicable thereafter, City shall:
(a) Remove and replace all dead landscaping in the garden area; (b) Inspect and repair the irrigation to ensure it is in good working order and condition;
(c) Remove the picnic tables in the Picnic Area;
(d) Repaint the curb surrounding the Picnic Area;
(e) Repaint the barbeque in the Picnic Area;
(f) Add gravel to Picnic Area;
(g) Repair the crack in the coating of the kitchen floor in the Villa; (h) Replace the faucets and dishwasher in the bar area of the Villa; (i) Replace the leaking pot filler in the Villa, and replace the mop sink faucet in the Villa;
(j) Replace the storage shed; and
(k) Repair the stairs to the Garden.
11. Development of Long-Term Capital Expenditure Plan and Analysis of Milestone’s Finances and Operations.
11.1 The City has completed an assessment of the condition of the Property (“Facilities Assessment”) that identifies recommended repairs and replacements. As soon as reasonably practicable after July 1, 2023, the Parties shall meet and confer to develop a reasonable, mutually agreeable plan for repairs and improvements identified in the Facilities Assessment during the Initial Term and a reasonable allocation of the costs of the repairs and DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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replacements between the Parties, provided that the costs of repairs and replacements allocated to the City shall be subject to approval during the City’s standard budget process (“Long-Term Capital Expenditure Plan”). If the Parties reach an agreement on the Long-Term Capital Expenditure Plan, it shall be memorialized in a written amendment to this Agreement that will set forth the Parties’ respective responsibilities with regard to the cost and completion of the repairs and replacements identified in the Long-Term Capital Expenditure Plan and the amendment shall be submitted to City Council for approval.
11.2 In addition to meeting and conferring regarding the development of the LongTerm Capital Expenditure Plan, the Parties shall meet and confer as soon as reasonably practicable after July 1, 2023 regarding the reports that Milestone must provide under Section 7, Milestone’s compliance with its obligations under this Agreement, and City’s obligations under Section 7 with respect to scheduling City Events and HUSD Events.
12. City Maintenance.
12.1 City Obligations. City’s obligations are as set forth on Exhibit 4 and, subject to Sections 10, 11 and 12.2, City shall exercise good faith, diligent efforts to make necessary repairs or replacements in a reasonable period of time to bring the item into good working order and repair.
12.2 Limits on City’s Maintenance Obligations. Requests by Milestone for maintenance of the Property shall be subject to the City’s standard budget process. Requests in excess of Twenty Five Thousand Dollars ($25,000) annually may be subject to City Council approval. The City will determine maintenance funding as part of its standard budget process.
So long as the City maintains the items listed on Exhibit 4 in good working order, City shall not be obligated to make repairs or replacements that make the Premises or the Property more marketable or updated.
13. Milestone’s Maintenance Obligations. Milestone’s obligations are set forth on Exhibit 4.
If an item is listed as City’s responsibility on Exhibit 4, Milestone shall promptly notify City of any problem with, malfunction of, or damage to the items for which City is responsible for maintaining pursuant to Section 12 of the Agreement and Exhibit 4. In an emergency (defined as an immediate threat of a) physical harm to persons that Milestone cannot reasonably mitigate; b) structural, roof, or foundational damage to any Building; or c) material damage to Milestone’s property), Milestone may hire a qualified and licensed contractor to undertake repairs with prior approval from a City staff member (who shall be designated in a written notice from City, and whose approval shall not be unreasonably withheld) and City shall reimburse Milestone as soon as reasonably practicable after receipt of an invoice for the reasonable cost of the approved DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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repairs or replacements, taking into account the City’s standard budget process. Milestone waives the provisions of Sections 1941 and 1942 of the California Civil Code.
14. Inspection. City reserves the right to enter the Property or the Premises upon reasonable notice to Milestone (except that advance notice shall not be required in case of an emergency) for the following purposes) (i) to inspect the condition of the Property or the Premises; (ii) to ascertain the performance by Milestone of the terms and conditions hereof; (iii) to respond to an emergency at the Property or the Premises; (iv) to maintain, inspect and repair the Property or the Premises to the extent required or permitted under this Agreement; (v) to post notices of nonresponsibility for alterations, additions or repairs undertaken by Milestone; (vi) to show the Premises or the Property to prospective tenants in the last ninety (90) days of the Term; (vii) to post a leasing sign in or about the Premises or the Property; and (viii) to perform any other right or duty of City under this Agreement.
15. Trade Fixtures and Alterations.
15.1 Milestone may install necessary trade fixtures, equipment and furniture in the Premises or the Property, provided that such items are installed and are removable without structural or material damage to the Premises or the Property. For purposes of this Agreement, "trade fixtures" means specialty fixtures or equipment used in Milestone's trade or business as identified by Milestone and agreed to by City in writing. Milestone shall not construct, or allow to be constructed, any other alterations, physical additions, or improvements in, about, or to the Premises or the Property (“Alterations”) without the prior written consent of City, and City's review and approval of plans and specifications, or conceptual drawings, photographs or samples if plans and specifications are not ordinarily prepared for the type of Alterations proposed, which consent and approval may be granted or denied in City's sole discretion. If City approves proposed Alterations, City's consent may be conditioned upon Milestone's establishing compliance with Laws (as defined in Section 17) and with City's reasonable requirements regarding selection of contractors and construction of Alterations. Should Milestone make any Alterations without the prior written consent of City, City may, at any time during the Term, require Milestone to remove any or all of the same and restore the Premises or the Property to their prior condition, at Milestone's sole cost and expense.
15.2 Alterations shall, at the expiration of the Term or termination of the Agreement, become the property of City and shall be surrendered by Milestone with the Premises and the Property. Until the expiration of the Term or termination of the Agreement, any Alterations paid for by Milestone and consented to by City shall be considered leasehold improvements and depreciated according to the IRS depreciation method which is 15-year straight line. In the event the Agreement expires or is terminated at any point in time by City, City will reimburse DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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Milestone for the undepreciated basis Milestone has in the leasehold improvements, provided that in no event shall City’s reimbursement obligation under this Section 15.2 exceed $50,000.
Provided that Milestone submits to City and receives City’s approval of architectural plans and specifications, which approval shall not be unreasonably withheld or delayed, Milestone shall have the right to perform the following work at its sole cost: upgrade the lighting fixtures in the Villa and replace the flooring in the vestibule and bar areas in the Villa.
15.3 All work to be performed by or on behalf of Milestone shall be performed diligently and in a first-class, workmanlike manner, using licensed contractors, and in compliance with all applicable Laws and all insurance carrier requirements. City shall have the right, but not the obligation, to periodically inspect such work and may suggest changes in the method or quality thereof. In no event shall such work materially obstruct access to the Property or any portion thereof.
15.4 Milestone shall also perform any closure work, investigation and environmental remedial work required by the presence or suspected presence of any Hazardous Materials caused by Milestone or Milestone Parties (as defined in Section 19) under Hazardous Materials Laws (as hereinafter defined) or by any other applicable Laws.
15.5 Milestone shall promptly pay and discharge all claims for labor performed, supplies furnished and services rendered at the request of Milestone and shall keep the Premises and Property and all portions thereof free of all mechanics' and materialmen's liens in connection therewith. Milestone shall provide at least ten (10) business days' prior written notice to City before any labor is performed, supplies furnished or services rendered on or at the Premises or the Property and City shall have the right to post on the Premises or the Property notices of nonresponsibility. If any lien is filed, Milestone shall cause such lien to be released and removed within ten (10) days after the date of filing, and if Milestone fails to do so, City may take such action as may be necessary to remove such lien.
16. Insurance.
16.1 Prior to the Effective Date, Milestone shall deliver certificates of insurance for the insurance policies Milestone is required to obtain under Section 16.1(a) through (c) below. (a) Commercial General Liability Insurance. A Commercial General Liability policy of insurance (including bodily injury, personal injury and property damage) with limits of at least $2,000,000 per occurrence. The Commercial General Liability policy of insurance shall contain, or shall be endorsed to contain, Liquor Liability Coverage with limits of at least $1,000,000 per occurrence.
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(b) Automobile Insurance. An automobile insurance policy for all owned, hired, or non-owned vehicles with limits of at least $1,000,000 per accident for bodily injury and property damage.
(c) Workers’ Compensation and Employer’s Liability. Proof of Workers Compensation and Employers Liability insurance as required by any applicable law, regulation or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it. Worker's compensation insurance must be for Statutory Limits and must cover the full liability of the Consultant. The Consultant’s Employer’s Liability Insurance must be in an amount no less than $1,000,000.00 per occurrence. The workers’ compensation policy must be endorsed with a waiver of subrogation. The insurance company, in its endorsement, must agree to waive all rights of subrogation against the City, its officers, officials, employees, agents and volunteers for losses paid under the terms of such policy.
16.2 All required insurance must be provided in the form of “occurrence”-type policies underwritten by admitted insurers in the State of California with a rating of A or better from the current year Best’s Insurance Guide. All policies must be issued at the expense of Milestone and must be maintained at Milestone’s expense. Milestone shall maintain insurance as required by this contract to the fullest amount allowed by law. Upon City’s request, Milestone shall also provide a declaration page or copy of each policy.
16.3 Both the Commercial General Liability policy and Automobile policy endorsements must add the City, its officials, officers, employees, agents and volunteers as an additional insured (“Additional Insured”). The Additional Insured coverage shall be “primary and non-contributory” and Milestone’s coverage will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
16.4 It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the name insured; whichever is greater.
16.5 The limits of insurance required under this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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a named insured. If an Umbrella or Excess Policy is used to satisfy the requirements, an endorsement must be provided from the insurance carrier/broker and that Umbrella/Excess Policy ‘follows form’ or is ‘continuous’ to the General liability and/ Auto liability policy in addition to the required endorsement.
16.6 Milestone shall provide the City with a 30-day written notice of any reduction or cancellation of such insurance required to be furnished by Milestone and include a severability of interest clause acceptable to the City and if requested by the City.
17. Compliance with Laws. At its sole cost and expense and throughout the Term, Milestone shall comply, and require its contractors to comply, with all federal, state and local statutes, ordinances, codes, rules, regulations, conditions of approval and all legislative, administrative, judicial or health orders, emergency declarations, decrees, requirements, permits, rulings or judgments, including without limitation the California Labor Code (“Laws”), which now or in the future may govern or affect the respecting the use or manner of use of the Premises or the Property or the construction, maintenance and operation thereof. Without limiting the foregoing, Milestone shall obtain and keep in full force and effect all permits and licenses required for the use and operation of the Premises or the Property for Events including, without limitation, the Liquor License.
18. Hazardous Materials. Milestone, at its sole cost and expense, will comply with all Environmental Laws (as defined in Section 18.1) including their provisions relating to the generation, handling, presence, storage, transportation, use, and disposal of all Hazardous Materials (as defined in Section 18.2). Neither Milestone nor Milestone Parties shall use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials anywhere in, on, under or about the Premises or the Property (except that Milestone or Milestone Parties may use plastic products in compliance with applicable Laws and petroleum products so long as the use is in compliance with applicable Laws and so long as petroleum is not stored in an underground storage tank). Milestone shall cause any and all Hazardous Materials brought onto, used, generated, handled, treated, stored, released or discharged on or under the Premises or the Property to be removed from the Premises and Property and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to enter the Premises and the Property from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Milestone's compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Milestone shall immediately notify City in writing of: (i) any release or discharge of any Hazardous Material; (ii) any voluntary clean-up or removal action instituted or proposed by Milestone, (iii) any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or (iv) any claim made or threatened by any person against City, Milestone, the Premises, or the Property or any portion DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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thereof relating to Hazardous Materials or Hazardous Materials Laws. Milestone shall also supply to City as promptly as possible, and in any event within five (5) business days after Milestone receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises, the Property, or Milestone's use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event Milestone institutes a cleanup or removal action, Milestone shall provide copies of all workplans and subsequent reports submitted to the governmental agency with jurisdiction to City in a timely manner.
18.1 As used in this Agreement, “Environmental Laws” shall mean all Laws relating to protection of human health or the environment (including air, surface water, groundwater, land surface or subsurface), whether currently in force, previously enforced, or subsequently enacted, including the following laws: 15 United States Code §§2601–2697 (the Toxic Substances Control Act of 1976, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (TSCA)); 33 United States Code §§1251–1388 (the Clean Water Act); 42 United States Code §§6901–6992k (the Resource Conservation and Recovery Act of 1976 (RCRA)); 42 United States Code §§7401–7671q (the Clean Air Act); 42 United States Code §§9601–9675 (the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)); 49 United States Code §§5101–5128 (the Hazardous Materials Transportation Act); 33 United States Code §§2701–2762 (the Oil Pollution Act of 1990); California Health and Safety Code §§25100–25259 (the Hazardous Waste Control Law); California Health and Safety Code §§25270–25270.13 (the Aboveground Petroleum Storage Act); California Health and Safety Code §§25300–25395.45 (the Carpenter-Presley-Tanner Hazardous Substance Account Act); California Health and Safety Code §§25404–25404.9 (Unified Hazardous Waste and Hazardous Materials Management Regulatory Program); California Health and Safety Code §§25500–25547.8 (Hazardous Materials Release Response Plans and Inventory); California Health and Safety Code §§25249.5–25249.14 (the California Safe Drinking Water and Toxic Enforcement Act of 1986, or Proposition 65); California Health and Safety Code §§25280– 25299.8 (Underground Storage of Hazardous Substances); California Health and Safety Code §§18901–18949.31California Building Standards Law); California Water Code §§13000–16104 (which includes the Porter-Cologne Water Quality Control Act); and California Fish and Game Code §§5650–5656; (b) all regulations that have been adopted or promulgated under such statutes or that are adopted under such statutes after the Effective Date; and (c) all enforceable demands, directives, and orders of any court, administrative body, or government entity relating to Hazardous Materials, whether currently in force, previously enforced, or enacted after the Effective Date (“Environmental Laws”).
18.2 "Hazardous Materials" means (a) substances that now or in the future are defined or regulated by Environmental Laws as "contamination," "contaminants," "hazardous," DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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"hazardous substances," "hazardous materials," "hazardous wastes," "pollutants," "pollution," "toxic," "toxic substances," "toxins," or "ultra-hazardous" or are otherwise listed or regulated under any Environmental Laws; (b) petroleum products, crude oil (or any fraction thereof), and their derivatives; (c) asbestos, explosives, lead-based paint, polychlorinated biphenyls, radioactive materials, and urea formaldehyde; and (d) noxious fumes, soot, or vapors.
19. Indemnity.
19.1 Milestone Indemnity. Except to the extent claims are caused by City's sole or active negligence or willful misconduct, Milestone shall indemnify, protect, defend, and hold harmless City and its elected officials, officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (i) any default in the performance of any obligation on Milestone's part to be performed under the terms of this Agreement; (ii) the use of the Premises or the Property by Milestone, its agents, representatives, contractors, employees, and Event Customers (“Milestone Parties”), the conduct of Milestone's business or any activity, work or thing done, permitted or suffered by Milestone or Milestone Parties in or about the Premises or the Property; (iii) any act, error or omission of Milestone or Milestone Parties in or about the Premises or the Property; (iv) any failure of Milestone or Milestone Parties to comply with Laws in connection with Milestone’s obligations under this Agreement or the use of the Premises or the Property; (v) the presence of Hazardous Materials in, on, under, about, or emanating from the Premises or the Property, including, without limitation, any bodily injury, death, property damage, natural resource damage, decrease in value of the Premises or the Property, caused or alleged to have been caused by Milestone or Milestone Parties' use, storage, handling, treatment, generation, presence, discharge or release of Hazardous Materials in violation of Milestone's obligations under this Agreement. Milestone agrees to include in all sub-contracts the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work.
Milestone shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements prior to commencement of any work and Milestone will provide proof of compliance, upon request, to the City.
19.2 City Indemnity. City shall indemnify Milestone from any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon for personal injury or property damage arising from City’s DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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actions in performing its obligations under this Agreement. City shall indemnify, defend, reimburse and hold Milestone, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, which result from Hazardous Substances which existed on the Premises or the Property prior to the Effective Date or which are caused by the gross negligence or willful misconduct of City, its agents or employees.
20. Event Customer Insurance and Indemnity. In any contract with an Event Customer, Milestone shall require Event Customer to obtain a policy of event insurance naming Milestone and City as additional insureds, and to indemnify City and Milestone from (ii) the use of the Premises or the Property by Event Customer, its agents, employees, guests, and invitees; or (ii) any act, error or omission of Event Customer, its agents, employees, guests, and invitees in or about the Premises or the Property. This requirement may be waived in writing by the City Manager.
21. City Insurance. At all times during the Term, City will maintain insurance covering the Premises and the Property in an amount not less than the full replacement cost of the Property providing protection against any peril generally included in an "all-risk" standard insurance policy, with earthquake coverage insurance if required by any federal, state, county, city, or local authority. City may elect to self-insure, jointly-insure, or maintain insurance policies or an insurance equivalent (including, but not limited to, that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500, or similar collective) to fulfill its obligations under this Section 21.
22. Casualty.
22.1 Conditions of City’s Obligations to Repair. If all or any portion of the Premises or the Property is destroyed or damaged by a fire, storm, earthquake, act of terrorism or other active physical peril that causes physical damage to the Premises or the Property (each, a “Casualty”), City shall repair and reconstruct the same unless Section 22.3 applies or one of the following circumstances exist:
(a) It is impossible from a physical, engineering standpoint to repair and reconstruct the destroyed or damaged portion of the Premises or the Property and restore the Premises or the Property;
(b) The necessary repairs or restorations are not permitted by Laws; or DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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(c) The estimated cost to repair the destroyed or damaged portion of the Premises or the Property and restore the Premises or the Property exceeds the proceeds payable to City from City’s insurance outlined in Section 21 above.
22.2 City’s Election to Repair or Terminate. If City is not required to repair and reconstruct the damaged or destroyed portion of the Property pursuant to Section 22.1 above, then within sixty (60) days of City’s receipt of a reasonably detailed estimate of the costs of design and construction work necessary to repair and reconstruct the destroyed or damaged portion of the Property but no later than six (6) months from the date of the Casualty (“Determination Date”), City shall elect, by written notice to Milestone to either a) repair and reconstruct the damaged or destroyed portion of the Property with any shortfall in insurance proceeds to be paid by City from its funds or b) to terminate the Agreement.
22.3 Casualty at the End of the Term. If the Premises or the Property are partially or totally destroyed during the last year of the Initial Term or any Extension Term, City and Milestone will each have the right to terminate this Agreement by giving written notice to the other party no later than ninety (90) days from the date of the Casualty.
22.4 City’s Repair Following Casualty. If City is required to repair and reconstruct any portion of the Property pursuant to Section 22.1 above, City shall commence such work as soon as reasonably practicable following the date of the Casualty and shall diligently pursue such work to completion.
22.5 Waiver. Milestone and City waive the provisions of California Civil Code §§1932(2) and 1933(4) and any amendments thereto and of any law that may hereafter be passed during the Term authorizing termination on the complete or partial destruction of the demised premises.
23. Non-Discrimination. During the performance of this Agreement, Milestone shall not discriminate against any employee of Milestone or applicant for employment because of race, religion, creed, color, national origin, age, physical, or mental handicap or disability, medical condition, marital status, sex, or sexual orientation. Milestone shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, creed, color, national origin, age, physical, or mental handicap or disability, medical condition, marital status, sex, or sexual orientation.
24. Taxes. Milestone shall pay, before delinquency, all taxes, assessments, license fees, and public charges levied, assessed, or imposed on its trade fixtures, inventory, merchandise, and other personal property in or on the Premises or the Property. This Agreement may create a possessory property interest in Milestone. Milestone's property interest may be subject to DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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property taxation (collectively, “Possessory Interest Taxes.”) . In the event that Possessory Interest Taxes are assessed, the Parties shall promptly meet and confer regarding a fair allocation of the Possessory Interest Taxes between the Parties. In the event that the Parties cannot agree on the allocation of responsibility for Possessory Interest Taxes, either Party shall have the right to terminate by providing sixty (60) days’ advance written notice to the other.
25. Assignment. Milestone shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of Law, this Agreement, the Premises, the Property, or any part thereof, without City's prior written approval, which City may withhold in its sole absolute discretion, without any obligation to consider any proposed assignment, sublet or transfer in good faith or otherwise. Milestone's attempted assignment/subletting without first obtaining City's written consent shall be void at City's election. City's consent to one assignment or subletting shall not be deemed a consent to subsequent assignments and/or sublettings. The merger of Milestone with any other entity or the transfer of any controlling or managing ownership or beneficial interest in Milestone, or the assignment of a substantial portion of the assets of Milestone, whether or not located on the Property shall constitute an assignment hereunder. Any contract with an Event Customer shall not be considered an assignment for purposes of this Section 25.
26. Relocation Waiver. Milestone fully releases and discharges City (in its capacity as property owner and otherwise as a municipal corporation) from all and any manner of rights, demands, liabilities, obligations, claims, or cause of actions, in law or equity, of any kind or nature, known or unknown, now existing or hereinafter arising, which arise from or relate in any manner to the relocation of Milestone’s business operations, or the relocation of any person(s), business(es), or other occupant(s) located on within, on, or about, the Premises or the Property following the full or partial termination or expiration of the Term (collectively, "Relocation Claims"), including waiver and release of any relocation rights under Government Code sections 7260 et seq. or any federal Laws ("Relocation Assistance Law"). Milestone acknowledges and agrees that the release and waiver set forth in this Section 26 is material consideration for City to enter into this Agreement, and that, but for this release and waiver, City would not have entered into this Agreement. By releasing and forever discharging the Relocation Claims, Milestone expressly waives any rights under California Civil Code section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND
THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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27. Default.
27.1 “Default” refers to any breach of Milestone’s obligations or City’s obligations under this Agreement. Where Milestone's Default continues for the period specified below, it shall, at City's option, constitute an Event of Default giving rise to the remedies set forth in Section 27.2. The occurrence of any of the following events shall, at City’s option, constitute an “Event of Default.”
(a) Abandonment of or vacating the Premises or the Property for a period of thirty (30) consecutive days.
(b) The making of a general assignment by Milestone for the benefit of creditors; the filing of a voluntary petition by Milestone or the filing of an involuntary petition by any of Milestone's creditors seeking the rehabilitation, liquidation or reorganization of Milestone under any Laws relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing; the appointment of a receiver or other custodian to take possession of substantially all of Milestone's assets; Milestone's insolvency or inability to pay Milestone's debts or failure generally to pay Milestone's debts when due; any court entering a decree or order directing the winding up or liquidation of Milestone or of substantially all of Milestone's assets; Milestone taking any action toward the dissolution or winding up of Milestone's affairs; or the attachment, execution or other judicial seizure of substantially all of Milestone's assets. (c) Default in the performance of any obligation pursuant to this Agreement following thirty (30) days’ prior written notice to cure with no cure achieved.
27.2 In the event of the occurrence of any Event of Default, in addition to the rights set forth in Section 29.7, City shall have the right to give a written termination notice to Milestone and, on the date specified in such notice (which date shall be at least three (3) business days following the date of delivery of such notice), this Agreement shall terminate unless on or before such date all Events of Default at the time existing shall have been fully remedied to the satisfaction of City. Following termination, without prejudice to other remedies City may have, City may (i) peaceably re-enter the Premises and the Property upon voluntary surrender by Milestone or remove Milestone therefrom and any other persons occupying the Premises and the Property, using such legal proceedings as may be available; (ii) repossess the Premises and the Property or relet the Premises, the Property, or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as City in City's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises and the Property; and (iii) remove all Milestone’s personal property from DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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the Premises and the Property. In the event of default, any Events booked by Milestone remain the obligation of City and Milestone unless the booked Events are transferred to a potential new operator of the Property.
27.3 Where City's Default continues for thirty (30) days after Milestone’s written notice of City’s Default with no cure achieved, or if City has not commenced such cure within such thirty (30) day period if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, it shall be, at Milestone’s option, an Event of Default. Milestone shall have the right to send a written termination notice to City and, on the date specified in such notice (which date shall be at least three (3) business days following the date of delivery of such notice), this Agreement shall terminate unless on or before such date all Events of Default at the time existing shall have been remedied. Milestone shall also have the rights set forth in Section
29.7, except that Section 29.15 shall govern with respect to the forum to resolve the disputes set forth therein.
28. CASp. The Premises and the Property have not undergone an inspection by a Certified Access Specialist (CASp). The following language is provided in compliance with California Civil Code Section 1938: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction related accessibility standards within the premises.”
Subject to Sections 11 and 12 above, City shall make any repairs, modifications, and/or additions at City’s expense to address conditions of the Premises or the Property existing as of the Effective Date as required to comply with the Americans with Disabilities Act and other state and local accessibility Laws. In the event that Milestone's construction of Alterations causes the Premises or Property to require repairs, modifications and/or additions to the Premises or the Property in order to be in compliance with the Americans with Disabilities Act and other state and local accessibility Laws, Milestone agrees to make any such necessary repairs, modifications and/or additions at Milestone's expense.
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29. Miscellaneous.
29.1 Recitals and Exhibits. The Recitals and Exhibits are incorporated into this Agreement by this reference.
29.2 Counterparts. This Agreement may be executed in any number of counterparts, each of which counterparts, when so executed and delivered, shall be deemed to be an original, but all of which counterparts, taken together, shall constitute one and the same instrument.
29.3 Relationship of the Parties. The relationship created hereby is not a partnership, joint venture, or consolidated business. It is rather an arm’s length contractual relationship on the terms and conditions hereof.
29.4 Surrender. Upon the expiration or other termination of this Agreement or Milestone’s right to possession of the Premises and the Property, Milestone will surrender the Premises and the Property, together with all keys, broom-swept clean and in good condition and repair, reasonable wear and tear excepted.
29.5 Liquor License and Website. Following the expiration of the Term or sooner termination of this Agreement, Milestone shall promptly transfer the Liquor License and the Villa Website to a new operator approved by City.
29.6 Notice. Any notice required under this Agreement must be in writing and addressed to the Parties at the following addresses:
To Milestone:
Milestone Events Group LLC
Attn: Marshall Bauer
3663 Laughlin Road, Suite 200
Santa Rosa, CA 95403
Email: [email protected]
To City:
City Manager
Healdsburg City Hall
401 Grove Street
Healdsburg, CA 95448
Email: [email protected]
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With a copy to:
Burke, Williams & Sorensen, LLP
Attn: Samantha Zutler
1 California Street, Suite 3050
San Francisco, CA 94111-5432
Email: [email protected]
Notices may be given by personal delivery, by certified or registered mail with return receipt requested, by recognized overnight commercial courier, or by email during regular business hours. Notices shall be deemed delivered upon receipt or refusal to accept delivery at the address specified above, unless received after business hours, in which case it will be deemed received on the next business day. Each Party may change its address by giving written notice in accordance with this paragraph.
29.7 Limitation of Liability. The Parties have determined that (i) monetary damages are generally inappropriate, and (ii) equitable remedies and remedies at law, not including damages but including specific performance and termination, are particularly appropriate remedies for enforcement of this Agreement. Consequently, Milestone agrees that the City shall not be liable to Milestone for damages under this Agreement, and the City agrees that Milestone shall not be liable to the City for damages under this Agreement, and each covenant not to sue the other for, or claim any right to, monetary damages under this Agreement and each Party expressly waives its right to recover monetary damages under this Agreement, except as follows:
(1) either Party shall have the right to recover actual damages only (and not lost profits, damage to business, consequential, punitive, indirect, or special damages, each of which is hereby expressly waived) for a Party’s Default if specific performance is not an available remedy.
29.8 Force Majeure. If City or Milestone shall be delayed or prevented from the performance of any act required by this Agreement due to strikes, riots, acts of God, shortages of labor or materials, terrorist activities, acts of war, governmental actions or inactions, laws, or regulations, including, without limitation restrictions, directives or orders, epidemics, pandemics, inability to secure contractors, subcontractors, or labor through ordinary sources by reason of industry-wide delay, regulation or order of any government or regulatory body or due to any other causes of any kind whatsoever that are beyond such party’s reasonable control (“Force Majeure”), the period of time for the performance of such action shall be extended by the number of days that the performance is actually delayed. City and Milestone will use diligent and good faith efforts to minimize the effect of any Force Majeure delays and interruptions, and to give the other party five (5) days’ advance notice of any planned interruptions of which it is aware, provided that the occurrence or existence of one or more events due to Force Majeure will not be deemed to extend the time periods set forth in this Agreement for the occurrence, DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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completion or performance of any matter following which Lessee has been granted certain rights of termination, deemed consent, self-help, offset or abatement rights.
29.9 Entire Agreement. This Agreement sets forth all the agreements, and there are no other oral or written agreements, between the Parties concerning the Property, the Premises, or the Event Services.
29.10 Time is of the Essence. Time is of the essence of this Agreement.
29.11 Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns, personal representatives, heirs, executors and legatees.
29.12 Neighbor Relations. City will partner with Milestone to communicate the permissible extent and limitations of Milestone’s activities to the neighboring residents and property owners with the intent of clearly reinforcing Milestone’s rights to reasonable use of the property as outlined in the agreement. City also agrees to enforce all applicable laws and regulations in the event that activities by neighbors interfere with Milestone’s permitted operations.
29.13 Modification. This Agreement may be modified only by a written instrument signed by each of the Parties hereto.
29.14 Governing Law. This Agreement shall be construed and enforced in accordance with the Laws of California, without reference to its choice of law provisions.
29.15 Severability. If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.
29.16 Venue. If suit is brought by either Party to this Agreement, the Parties agree that venue shall be exclusively vested in the state courts of the County of Sonoma or, where otherwise appropriate, in the United States District Court, Northern District of California.
29.17 No Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Agreement shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.
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29.18 Attorneys’ Fees. If a lawsuit, arbitration, or other proceedings are instituted by any Party to enforce any of the terms or conditions of this Agreement against any other Party hereto, the prevailing Party in such litigation, arbitration, or proceedings shall be entitled, as an additional item of damages, to such reasonable attorneys’ and other professional fees (including but not limited to expert witness fees), court costs, arbitrators’ fees, arbitration administrative fees, travel expenses, and other out-of-pocket expenses or costs of such other proceedings as may be fixed by any court of competent jurisdiction, arbitrator, or other judicial or quasi-judicial body having jurisdiction thereof, whether or not such litigation or proceedings proceed to a final judgment or award. For the purposes of this Section, any Party receiving an arbitration award or a judgment for damages or other amounts shall be deemed to be the prevailing Party, regardless of amount of the damage awarded or whether the award or judgment was based upon all or some of such Party’s claims or causes of action. In all other situations, Milestone shall pay all of City’s costs and expenses which may be incurred in enforcing or protecting City’s rights or interests.
(SIGNATURES CONTAINED ON FOLLOWING PAGE)
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The Parties agree to the terms hereof as of the Effective Date written above.
MILESTONE:
Milestone Event Group LLC,
a California limited liability company
By:
Marshall Bauer, Manager
CITY:
CITY OF HEALDSBURG,
a California municipal corporation
By:
Jeff Kay, City Manager
Approved as to Form:
By:
Samantha W. Zutler, City Attorney
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City
Time Period: 2022
EXHIBIT 1
EXHIBIT 1
PROPERTY MAP
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CHANTICLEER
N FITCH MOUNTAIN
SUNSET
1300
Sunset
1116
1110
1104
1105
1003
1440
1248 N
FITCH MTN
912
916
919
910
912
916
1101
901
Exhibit 1
Villa Chanticleer Property Map
Caretaker Cottage
Picnic Area
Villa
Annex
Villa
Chanticleer
Garden
!! !
! !! !! !!
!! !! 3URSHUW\
Buildings
City Limits -
Premises
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City
Time Period: 2022
EXHIBIT 3
EXHIBIT 2
PREVIOUSLY SCHEDULED EVENTS
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Name Status Start Date End Date Location
#21-015--Kristin & Desmond Wedding DEFINITE 7/2/2022 7/2/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 7/2/2022 7/2/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 7/3/2022 7/3/2022 Villa Chanticleer #21-082--Nicole & Griffin Wedding DEFINITE 7/3/2022 7/3/2022 Villa Chanticleer #22-08--Boy Scouts Pancake Breakfast DEFINITE 7/4/2022 7/4/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 7/5/2022 7/5/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 7/9/2022 7/9/2022 Villa Chanticleer #21-064--Grace & Aaron Wedding DEFINITE 7/9/2022 7/9/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 7/10/2022 7/10/2022 Villa Chanticleer #19--062--Fitch Mountain Association BBQ DEFINITE 7/10/2022 7/10/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 7/12/2022 7/12/2022 Villa Chanticleer #22-01--Luxe Places Sponsored by 101 Home Loans DEFINITE 7/13/2022 7/13/2022 Villa Chanticleer #21-071--Sydney & Thomas Wedding DEFINITE 7/15/2022 7/15/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 7/16/2022 7/16/2022 Villa Chanticleer #22-16--Healdsburg Wrestling Club Poker Tournament DEFINITE 7/16/2022 7/16/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 7/17/2022 7/17/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 7/19/2022 7/19/2022 Villa Chanticleer #21-081--Bailey & Christopher Wedding DEFINITE 7/22/2022 7/22/2022 Villa Chanticleer #21-085--HHS Class of 2000 Reunion DEFINITE 7/23/2022 7/23/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 7/23/2022 7/23/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 7/24/2022 7/24/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 7/26/2022 7/26/2022 Villa Chanticleer #22-35--Life Line Screening DEFINITE 7/27/2022 7/27/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 7/30/2022 7/30/2022 Villa Chanticleer #21-054--Class Reunion 90, 91, & 92 DEFINITE 7/30/2022 7/30/2022 Villa Chanticleer #22-10--Sunday AA June 2021 DEFINITE 7/31/2022 7/31/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 8/2/2022 8/2/2022 Villa Chanticleer #21-006--Brianna & Damien Wedding DEFINITE 8/6/2022 8/6/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 8/6/2022 8/6/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 8/7/2022 8/7/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 8/9/2022 8/9/2022 Villa Chanticleer #22-01--Luxe Places Sponsored by 101 Home Loans DEFINITE 8/10/2022 8/10/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 8/13/2022 8/13/2022 Villa Chanticleer Exhibit 2
Previously Scheduled Events
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#22-10--Sunday AA DEFINITE 8/14/2022 8/14/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 8/16-8/18 DEFINITE 8/16/2022 8/16/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 8/16/2022 8/16/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 8/16-8/18 DEFINITE 8/17/2022 8/17/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 8/16-8/18 DEFINITE 8/18/2022 8/18/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 8/20/2022 8/20/2022 Villa Chanticleer #22-55--Leonard Celebration of Life TENTATIVE 8/21/2022 8/21/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 8/21/2022 8/21/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 8/23/2022 8/23/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 8/27/2022 8/27/2022 Villa Chanticleer #21-078--American Legion Riders BBQ DEFINITE 8/27/2022 8/27/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 8/28/2022 8/28/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 8/30/2022 8/30/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 9/3/2022 9/3/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 9/4/2022 9/4/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 9/6/2022 9/6/2022 Villa Chanticleer #22-09--Briana & Dane Wedding DEFINITE 9/9/2022 9/9/2022 Villa Chanticleer #21-088--Sara & Jordan Wedding DEFINITE 9/10/2022 9/10/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 9/10/2022 9/10/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 9/11/2022 9/11/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 9/13/2022 9/13/2022 Villa Chanticleer #22-01--Luxe Places Sponsored by 101 Home Loans DEFINITE 9/14/2022 9/14/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 9/17/2022 9/17/2022 Villa Chanticleer #21-048--Courtney & David Wedding DEFINITE 9/17/2022 9/17/2022 Villa Chanticleer #21-079--American Legion District Meeting DEFINITE 9/18/2022 9/18/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 9/18/2022 9/18/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 9/20/2022 9/20/2022 Villa Chanticleer Pack 21 Meeting Annex DEFINITE 9/21/2022 9/21/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 9/24/2022 9/24/2022 Villa Chanticleer #21-031--Cheyenne & Jordan Wedding DEFINITE 9/24/2022 9/24/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 9/25/2022 9/25/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 9/27/2022 9/27/2022 Villa Chanticleer #21-090--Kyanna & Johnathan Wedding DEFINITE 10/1/2022 10/1/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 10/1/2022 10/1/2022 Villa Chanticleer DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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#22-10--Sunday AA DEFINITE 10/2/2022 10/2/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 10/4/2022 10/4/2022 Villa Chanticleer #22-58--Michelle & Nick Wedding DEFINITE 10/6/2022 10/6/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 10/8/2022 10/8/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 10/9/2022 10/9/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 10/11/2022 10/11/2022 Villa Chanticleer #22-13--Rikki & Pranshul Wedding DEFINITE 10/15/2022 10/15/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 10/15/2022 10/15/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 10/16/2022 10/16/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 10/18/2022 10/18/2022 Villa Chanticleer Pack 21 Meeting Annex DEFINITE 10/19/2022 10/19/2022 Villa Chanticleer #22-23--Kayla & Nick Wedding DEFINITE 10/22/2022 10/22/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 10/22/2022 10/22/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 10/23/2022 10/23/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 10/25/2022 10/25/2022 Villa Chanticleer #21-072--Madeline & Jake Wedding DEFINITE 10/29/2022 10/29/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 10/29/2022 10/29/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 10/30/2022 10/30/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 11/1/2022 11/1/2022 Villa Chanticleer #20-062--Sarah & Benjamin Wedding DEFINITE 11/5/2022 11/5/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 11/5/2022 11/5/2022 Villa Chanticleer #22-49--Healdsburg Food Pantry Fundraiser DEFINITE 11/6/2022 11/6/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 11/6/2022 11/6/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 11/8/2022 11/8/2022 Villa Chanticleer #22-22--Erin & Mike Wedding DEFINITE 11/11/2022 11/11/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 11/12/2022 11/12/2022 Villa Chanticleer #22-14--Karina & David Wedding DEFINITE 11/12/2022 11/12/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 11/13/2022 11/13/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 11/15/2022 11/15/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 11/19/2022 11/19/2022 Villa Chanticleer #22-47--Wine Country Affordable Housing Fundraiser DEFINITE 11/19/2022 11/19/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 11/20/2022 11/20/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 11/21-11/24 DEFINITE 11/21/2022 11/21/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 11/21-11/24 DEFINITE 11/22/2022 11/22/2022 Villa Chanticleer DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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#22-28--Kiwanis Meeting 2022 DEFINITE 11/22/2022 11/22/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 11/21-11/24 DEFINITE 11/23/2022 11/23/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 11/21-11/24 DEFINITE 11/24/2022 11/24/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 11/26/2022 11/26/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 11/27/2022 11/27/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 11/29/2022 11/29/2022 Villa Chanticleer Pack 21 Meeting Annex DEFINITE 11/30/2022 11/30/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 12/3/2022 12/3/2022 Villa Chanticleer #22-44--Healdsburg Senior Center Dinner DEFINITE 12/4/2022 12/4/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 12/4/2022 12/4/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 12/6/2022 12/6/2022 Villa Chanticleer #22-41--Rotary Crab Feast TENTATIVE 12/10/2022 12/10/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 12/10/2022 12/10/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 12/11/2022 12/11/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 12/13/2022 12/13/2022 Villa Chanticleer #22-12--Abby & Andrew Wedding DEFINITE 12/17/2022 12/17/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 12/17/2022 12/17/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 12/18/2022 12/18/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 12/20-12/23 DEFINITE 12/20/2022 12/20/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 12/20/2022 12/20/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 12/20-12/23 DEFINITE 12/21/2022 12/21/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 12/20-12/23 DEFINITE 12/22/2022 12/22/2022 Villa Chanticleer #22-46--Kitchen Rental College Confectionista 12/20-12/23 DEFINITE 12/23/2022 12/23/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 12/24/2022 12/24/2022 Villa Chanticleer #22-10--Sunday AA DEFINITE 12/25/2022 12/25/2022 Villa Chanticleer #22-28--Kiwanis Meeting 2022 DEFINITE 12/27/2022 12/27/2022 Villa Chanticleer #22-03–Saturday AA Jan1-Dec31 DEFINITE 12/31/2022 12/31/2022 Villa Chanticleer #22-53--Autumn & Alex Wedding DEFINITE 1/21/2023 1/21/2023 Villa Chanticleer #22-50--American Legion Crab Feed DEFINITE 2/4/2023 2/4/2023 Villa Chanticleer #22-56--Becca & James Wedding TENTATIVE 2/11/2023 2/11/2023 Villa Chanticleer #18-063--DCVA Meeting DEFINITE 3/26/2023 3/26/2023 Villa Chanticleer #21-023--4C's 50 Year Anniversary Gala DEFINITE 4/1/2023 4/1/2023 Villa Chanticleer #22-40--Kiwanis Pancake Breakfast 2021 TENTATIVE 4/2/2023 4/2/2023 Villa Chanticleer #22-54--Clarissa & Ricardo Wedding TENTATIVE 4/8/2023 4/8/2023 Villa Chanticleer DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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#22-39--Boys & Girls Club Fundraiser TENTATIVE 4/15/2023 4/15/2023 Villa Chanticleer #22-42--Ernest's 92nd Birthday DEFINITE 4/22/2023 4/22/2023 Villa Chanticleer #22-43--Samantha & Alfredo Wedding DEFINITE 4/23/2023 4/23/2023 Villa Chanticleer Seth's 40th BDay DEFINITE 4/29/2023 4/29/2023 Villa Chanticleer #22-15--Jane & Christopher Wedding DEFINITE 5/6/2023 5/6/2023 Villa Chanticleer #22-52--Sangeet Akshjot Puri DEFINITE 5/11/2023 5/11/2023 Villa Chanticleer #22-19--Marley & Chad Wedding DEFINITE 5/12/2023 5/12/2023 Villa Chanticleer #22-24--Sabrina & Andrew Wedding DEFINITE 5/13/2023 5/13/2023 Villa Chanticleer #21-074--Ashley & Isaac Wedding DEFINITE 5/20/2023 5/20/2023 Villa Chanticleer #22-31--Steph & Gio Wedding DEFINITE 5/28/2023 5/28/2023 Villa Chanticleer #22-57--Katie & Steven Sangeet TENTATIVE 6/16/2023 6/16/2023 Villa Chanticleer #22-45--Jackie & Tyrone Wedding DEFINITE 6/17/2023 6/17/2023 Villa Chanticleer #22-48--Stephanie & Neil Wedding DEFINITE 6/23/2023 6/23/2023 Villa Chanticleer #22-32--Stacy & Forrest Wedding DEFINITE 6/24/2023 6/24/2023 Villa Chanticleer #22-37--Jaycie & Adin Wedding DEFINITE 9/16/2023 9/16/2023 Villa Chanticleer #22-51--Alison & Ruben Wedding DEFINITE 10/7/2023 10/7/2023 Villa Chanticleer Grand Total
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City
Time Period: 2022
EXHIBIT 3
EXHIBIT 3
LEGION LEASE
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Time Period: 2022
EXHIBIT 4
EXHIBIT 4
MAINTENANCE
Capitalized terms that are undefined herein shall have the meanings assigned to them in the Events Management Agreement dated July 1, 2022 by and between Milestone and City (“Agreement”) to which this Exhibit 4 is attached.
City Building Maintenance Obligations
Subject to the limitations set forth in Section 12.2 of the Agreement, City shall keep all of the following in good working order and repair:
1. Structural components of the Buildings on the Property, including without limitation the foundations, footings, floor slabs, exterior walls, interior load bearing walls, roof, and roof membrane (“Structural Components”);
2. The refrigerators, freezers, ovens, stoves, ice makers and dishwashers in the Buildings (“Major Kitchen Equipment”);
3. The fire sprinkler system, the plumbing lines and fixtures, hot water heaters, HVAC equipment, electrical systems and fixtures, and fire alarm and/or smoke detection systems on the Property (“Major Systems”); and
4. The Buildings’ gutters, fascia, soffits, ceilings, windows, window frames, doors, door frames, floors, interior surfaces, and interior walls of the Buildings (“Other Building Components.”)
City Premises Maintenance Obligations
Subject to the Milestone Premises Maintenance Obligations below and the limitations set forth in Section 12.2 of the Agreement, City shall maintain the Premises in good working order and repair, including without limitation the following:
1. Main irrigation lines in the garden up to the valve boxes;
2. Trees on the Property provided that regular trimming and maintenance of trees once per year shall satisfy City’s obligations unless a tree is identified as a hazard or a tree is dead;
3. Gazebo;
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EXHIBIT 4
4. Storm drains in the garden, provided that cleaning the storm drains once per year shall satisfy City’s obligations;
5. Outdoor lighting fixtures in parking lots; and
6. Utility lines (including gas, electric, and water) on the Property.
7. In the event of watering restrictions and Milestone is not allowed to water the grass and shrubs, City will provide Milestone access to non-potable water. Milestone will be responsible for all water hauling costs.
City Common Area Maintenance Obligations
Subject to the Milestone Common Area Maintenance Obligations below and the limitations set forth in Section 12.2 of the Agreement, City shall maintain the Common Areas in good working order and repair, including without limitation the following:
1. The pavement of the drive aisles, sidewalks, walkways, and parking areas;
2. Main irrigation lines up to the valve boxes;
3. Utility lines (including gas, electric, and water) located within the Common Area;
4. Trees, provided that regular trimming and maintenance of trees once per year shall satisfy City’s obligations unless a tree is identified as a hazard or a tree is dead;
5. Storm drains, provided that cleaning the storm drains once per year shall satisfy City’s obligations;
6. Fences;
7. Gates; and
8. Lighting fixtures.
9. In the event of watering restrictions and Milestone is not allowed to water the grass and shrubs, City will provide Milestone access to non-potable water. Milestone will be responsible for all water hauling costs.
10. Milestone Premises Maintenance Obligations
1. Milestone shall properly use the Major Kitchen Equipment and all other fixtures and appliances located on the Premises;
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2. Milestone shall maintain the Premises in a neat, clean, sanitary, and orderly condition, including without limitation washing windows; disposing of trash, food waste, and debris from the Premises; mowing and properly watering the grass; and removing any leaves that accumulate in the garden area of the Premises;
3. Milestone shall replace light bulbs interior to or attached to a building and make reasonable efforts to clear clogs in drains and toilets;
4. Except as provided in Section 10 of the Agreement, Milestone shall maintain any irrigation controllers, valve boxes, sprinklers, and any irrigation lines between the valve box and the sprinklers in the garden area of the Premises;
5. Except as provided in Section 10 of the Agreement, Milestone shall maintain any landscaping within the garden area of the Premises;
6. Milestone shall maintain the Barbeque in the Picnic Area;
7. Milestone shall be responsible for the cost of any damages to the Premises caused by Milestone or Milestone Parties, excluding ordinary wear and tear.
Milestone Common Area Maintenance Obligations
1. Except as provided in Section 10 of the Agreement, Milestone shall maintain any irrigation controllers, valve boxes, sprinklers, and any irrigation lines between the valve box and the sprinklers in the Common Areas;
2. Except as provided in Section 10 of the Agreement, Milestone shall maintain any landscaping within the Common Areas;
3. Milestone shall maintain the Common Areas in a neat, clean and orderly condition, including without limitation disposing of trash and debris; mowing and properly watering the grass; removing any leaves that accumulate in the Common Areas; and sweeping, cleaning, and power washing the Common Areas;
4. Milestone shall be responsible for the cost of any damages to the Common Areas caused by Milestone or Milestone Parties, excluding ordinary wear and tear.
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Contractor/Consultant Name: ____________________________________________________________________ Description of Services: __________________________________________________________________________ Project Name: __________________________________________ Start date: ____________________________ Department: ________________________Project Manager: _______________________Phone: _____________ Insurance Check List (Check all that apply)
30 day cancellation policy or 10 day cancellation policy General Liability – ($2 million per occurrence and $2 million per aggregate) NOTE:
(Make sure occurrence & per project is checked)
Endorsement naming the City as additionally insured
Endorsement showing Insurance is primary and non-contributory **We will accept a waiver of subrogation with the policy – we still need proof of primary coverage.** Make sure to review all exclusions and declarations. Exclusion language not accepted, which invalidates warranty, including but not limited to:
- Work completed – make sure the endorsement is for on-going operations not just completed operations - Injury or damage arising from work that has been put to its intended use Comments: _____________________________________________________________________________________ Auto – ($2 million combined single limit) NOTE:
Any auto All owned auto’s Hired auto Scheduled auto’s Non-owned autos Endorsement naming the City additionally insured
Comments: _____________________________________________________________________________________ Workers Compensation – (statutory coverage should be checked on the certificate) Waiver of subrogation endorsement
Do not require that City be named additionally insured – The City is only a certificate holder Make sure that if the consultant/contractor is using State Fund we do not except form #1015.
Comments: _____________________________________________________________________________________ Professional Liability (E&O) ($1 million PSA’s only)
Do not require that City be named additionally insured – we only want to see a certificate with the City as a certificate holder
Comments: _____________________________________________________________________________________ Excess/Umbrella Liability- OR
Pollution Liability
If it is an EXCESS POLICY – get a statement in writing that states coverage under this policy is continuous or follows form and is applicable to GL and/or auto.
Comments: _____________________________________________________________________________________ Forms Approved by:
____________________________________________
Andrew J. Sturmfels, Administrative Services Director/
Risk Manager
INSURANCE CHECK LIST
DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Mark Themig
Milestone Events Group, LLC
Events Management Agreement- Villa Chanticleer
07/01/2022
Community Services 431-3116
X
X
X
X
X
X
Liquor Liability $1M
X
X
Item 6.d
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06/29/2022
United Western Insurance Brokers
16 S. Oakland Ave
Ste. 205
Pasadena CA 91101
Michelle Svanoe
(626) 397-4700 (626) 683-7682
[email protected]
Milestone Events Group, LLC
181 Concourse Blvd Ste C
Suite C
Santa Rosa CA 95403
Ohio Security Insurance Company 24082
American Fire and Casualty Co. 24066
CL2262812554
A Y BKS57954982 04/10/2022 04/10/2023
1,000,000
500,000
15,000
1,000,000
2,000,000
2,000,000
A BAS57954982 04/10/2022 04/10/2023
1,000,000
B
10,000
USA57954982 04/10/2022 04/10/2023
1,000,000
1,000,000
City Manager Healdsburg City Hall, its officials, officers, employees, agents, and volunteers are named as Additional Insured as respects the operations of the named insured, if required by written contract.
City Manager
Healdsburg City Hall
401 Grove Street
Healdsburg CA 95448
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
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COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 INDEX
SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
POLICY NUMBER: BKS 57954982
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2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY - ELEVATORS
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.
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2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.
2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:
Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
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d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. above, a person’s or organization’s status as an additional insured under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph 1.b. above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.
With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.
Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover.
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CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 b. The following is added to Paragraph b. Excess Insurance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.
I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and DocuSign Envelope ID: 3EA58DC2-C507-4AE1-85CC-2875356E9D44 Item 6.d
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The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee".
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.
O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease.
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CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agreement.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: Procurement of City Fleet Vehicles
PREPARED BY: Tyler Kettmann, Central Services Manager
STRATEGIC INITIATIVE(S):
Infrastructure & Facilities
RECOMMENDED ACTION(S):
Adopt a Resolution approving the procurement of City Fleet vehicles including a 2025 Ford ETransit-350 with Outfitted Voyager System, a 2025 Ford Maverick XLT AWD, a 2026 AWD Chevy Blazer, a 2026 Ford Super Duty F-250 SRW (F2A) XL 2WD, a 2027 Altec 550 Bucket Truck, and a 2026 Ford Police Interceptor Utility AWD, authorizing the City Manager to execute the related purchase orders on behalf of the City, and increasing budget appropriations in the Vehicle Replacement Fund by $639,990.90 in FY 2025-26.
COMMUNITY ENGAGEMENT/OUTREACH:
Not Applicable.
BACKGROUND:
As part of the adopted Fiscal Year (FY) 2024-25 and 2025-26 Vehicle Replacement Fund budgets the City Manager’s Office proposed the scheduled replacement of City vehicles that were at the end of their useful life according to the vehicle life cycle specified in the City Vehicle Policy. City staff have established a Fleet Replacement Schedule that helps to prioritize vehicle replacements based on a set of consistent criteria including age, reliability, mileage, maintenance and repair costs, service type, condition, and replacement lead time. Staff have identified the need to replace four (4) City vehicles that have exceeded their useful life based on this Fleet Replacement Schedule.
The Healdsburg Fire Department has hired an additional Fire Inspector and now has an operational need for an additional City Vehicle to support the new Fire Inspector position. Measure H Funding is proposed to support the purchase of this addition to the City Fleet (including vehicle outfitting).
The Healdsburg Police Department has identified an operational need for an additional unmarked/undercover vehicle.
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Whenever possible, staff utilize Sourcewell contracts to obtain quotes from awarded vendors for vehicles to expedite the procurement process. Sourcewell (formerly NJPA) is a cooperative purchasing agency that offers purchasing solutions for products and services that are competitively bid nationally and made available for use by member agencies. The City has been a member of Sourcewell since 2007. “Piggybacking” on another competitively bid contract is allowed for in Section 3.24.080 A.8 of the Healdsburg Municipal Code and satisfies the City’s competitive bidding requirements.
DISCUSSION/ANALYSIS:
REPLACEMENT VEHICLES:
Public Works Vehicle 211
The adopted Vehicle Replacement Fund budget in FY 2024-25 included the replacement of a 2001 GMC Savana Van equipped with a Sewer Camera Inspection System (Vehicle 211) that is utilized by the Public Works Department. Vehicle 211 is proposed to be replaced with a Ford E-Transit Van. $150,000 was appropriated in the adopted budget for this purchase in FY 2024-25. Both the vehicle and the camera system and components are now at the end of their useful life. The camera system is in disrepair and further repairs are determined to be cost-prohibitive by City staff. The replacement for Vehicle 211 was deferred in FY 2024-25 until replacement auxiliary equipment could be identified and the appropriate vehicle for the related auxiliary equipment could be specified.
The original budget did not include the cost to replace the camera system in addition to the vehicle.
The addition of the camera system to the scope has increased the original budget required for this replacement. Staff received a Sourcewell contract quote from Aries Industries, Inc. for a 2025 Ford E-Transit-350, Extended-Body, High-Roof Van with Electric Motor & Enhanced Range Battery with Outfitted Voyager System totaling $368,157.67 for the replacement of Vehicle 211.
Community Services Vehicle 65
The adopted Vehicle Replacement Fund budget in FY 2024-25 included $63,130 in budget allocations for the replacement of a 2001 Ford F250 Service Truck (Vehicle 65) that is utilized by the Community Services Department. The replacement for Vehicle 65 was previously deferred to move up the replacement of Vehicle 14 which failed unexpectedly. Vehicle 65 is proposed to be replaced with a 2026 Ford Super Duty F-250 SRW (F2A) XL 2WD Service Truck for a total cost of $80,830.66, including vehicle outfitting. Staff received a Sourcewell contract quote from National Auto Fleet Group for this purchase.
Police Dept Vehicle 249
The adopted Vehicle Replacement Fund budget in FY 2025-26 includes $99,789 for the replacement of a 2020 Ford Interceptor (Vehicle 249) that is utilized by the Healdsburg Police Department. Vehicle 249 is proposed to be replaced with a 2026 Ford Interceptor at the cost of $58,842.42. Additional vehicle outfitting to ready the replacement vehicle for duty is estimated at $25,000 for a total estimated cost of $83,842.42. There are currently adequate budget allocations in the adopted FY 2025-26 budget to support this purchase. Staff received a Sourcewell contract quote from National Auto Fleet Group for this purchase.
Electric Dept Vehicle 432
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The Electric Department currently utilizes a single person aerial device (“Bucket Truck”) for high and low voltage electrical work including, but not limited to, streetlight maintenance and repair, low voltage service work, high voltage maintenance, and construction. The adopted Vehicle Replacement Fund budget in FY 2025-26 includes $236,393 for the replacement of the 2017 Ford F-550 Altec Bucket Truck (Vehicle 432) that is utilized by the Electric Department. Vehicle 432 is proposed to be replaced with a 2027 Ford F-550 Altec Bucket Truck for a total cost of $373,971.52 including vehicle outfitting. The proposed bucket truck has a longer than average lead time and a 5% contingency has been included in the estimated price to account for any unforeseen changes to the build that are necessary during production not included in the original bid specification. Staff received a Sourcewell contract quote from Altec Industries for this purchase.
The proposed replacement truck is an Altec JEMS 4 series. This replacement truck comes with a hybrid electric system, which significantly reduces idling times. The hybrid system is known as JEMS (Jobsite Energy Management System) which is an integrated plug in system that stores electrical energy to power the aerial device, tools, and exportable power and provides cab comfort (air conditioning). When the truck is idle it works off the battery and not the engine, thereby reducing GHG emissions, wear on the engine, and potentially damaging noise at work.
VEHICLE ADDITIONS:
Fire Dept Ford Maverick Inspector Vehicle
The Fire Department recently added an additional Inspector position. The Inspector has an operational need for a City vehicle to complete their job tasks. Staff have identified the 2026 Ford Maverick as a suitable vehicle to fit this need. Staff obtained a quote for the new vehicle from Sanderson Ford in Healdsburg for $37,424.05. Sanderson Ford has the vehicle currently available on their lot, which allows for an expedited timeline to put the vehicle into service. Outfitting the vehicle is estimated to cost an additional $16,000 for a total estimated cost of $53,424.05. Staff proposes utilizing Measure H funding to support the procurement of this vehicle.
Police Dept Chevy Blazer Undercover/Unmarked Vehicle
The Police Department have recently identified an operational need for an additional unmarked/undercover vehicle. Staff have obtained a Sourcewell contract quote from National Auto Fleet Group for a 2026 AWD Chevy Blazer for $53,260.69. Staff have determined the Chevy Blazer is a suitable vehicle to meet operational needs. Additional vehicle outfitting to ready the replacement vehicle for duty is estimated at $20,000 for a total estimated costs of $73,260.69. The adopted Vehicle Replacement Fund budget in FY 2025-26 included $99,789 for the replacement of a Ford Interceptor that is proposed to be deferred. Staff are proposing to reallocate the existing appropriations to support the proposed purchase of a new Chevy Blazer. Since this vehicle is an addition to the Fleet, rather than a replacement, it will require additional contributions from the General Fund in future years to maintain an adequate Vehicle Replacement Fund balance.
Replacing and adding these vehicles to the City Fleet allows for needed redundancy and promotes Fleet Maintenance best practices of replacing vehicles according to the established vehicle life cycle.
Staff recommend City Council approves the procurement of the proposed vehicles listed below and authorizes the City Manager to execute the related Purchase Order Contracts on behalf of the City.
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Vehicle Proposed Replacement Adopted FY 25-
26 Budget
Proposed
Replacement Cost
(including
outfitting)
Proposed Increase
in Budget
Appropriations
211
2025 Ford E-Transit-350, ExtendedBody, High-Roof Van with Electric Motor & Enhanced Range Battery
with Outfitted Voyager System
$ - $368,157.67 $368,157.67
65 2026 Ford Super Duty F-250 SRW
(F2A) XL 2WD $ - $80,830.66 $80,830.66
249 2026 Ford Interceptor $99,789.00 $83,842.42 N/A
432 2027 Ford F-550 Altec Bucket Truck $236,393.00 $373,971.52 $137,578.52 N/A
(ADD) 2025 Ford Maverick XLT AWD $ - $53,424.05 $53,424.05 N/A
(ADD) 2026 Chevy Blazer AWD $ 99,789.000 $ 73,260.69 N/A TOTAL $639,990.90
ENVIRONMENTAL STEWARDSHIP:
The proposed purchases are compliant with the Advanced Clean Fleet Act and the City’s Vehicle Use Policy.
ALTERNATIVES:
The City Council could choose not to adopt the recommended resolution, and if so, additional direction to staff is requested.
FISCAL IMPACT:
Staff are proposing to purchase six vehicles for a total cost of $1,033,487.01 To complete the purchases additional appropriations in the amount of $639,990.90 are required in the Vehicle Replacement Fund. The additional appropriations are needed for various reasons; $213,130 of the request accounts for appropriations that were included in the prior FY 2024-25 budget that have lapsed, $53,424 accounts for the requested additional Fire vehicle, and $373,436.90 accounts for the cost of vehicle replacements exceeding the initial budget due to changes in final vehicle scopes and market conditions. There is sufficient balance in the Vehicle Replacement Fund to support all of the replacements except for the new Fire Department vehicle which is proposed to be funded by Measure H. The Fire Department Ford Maverick purchase will require additional appropriations from Measure H contributing $53,424 to the Vehicle Replacement Fund. While sufficient appropriations exist in the Vehicle Replacement Fund to support the purchase of the Chevy Blazer, which is also an addition to the fleet, both new vehicles in Fire and Police Departments will result in additional ongoing expenses in future fiscal years, through higher vehicle maintenance and vehicle replacement service fees.
ENVIRONMENTAL ANALYSIS:
Adopting a resolution to authorize the purchase of two vehicles is an administrative activity and, Item 6.e
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pursuant to California Environmental Quality Act (“CEQA”) and Title 14, the California Code of Regulations, Section 15378(b)(2), administrative actions do not qualify as a Project. Therefore, no further environmental review is required.
ATTACHMENT(S):
Resolution
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CITY OF HEALDSBURG
RESOLUTION NO. ___ - 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG APPROVING THE PURCHASE OF VARIOUS
CITY FLEET VEHICLES, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE RELATED PURCHASE
ORDER CONTRACTS ON BEHALF OF THE CITY, AND
AMENDING THE ADOPTED BUDGET
WHEREAS, as part of the adopted FY 2024-25 and 2025-26 Vehicle Replacement Fund budgets the City Manager’s Office proposed the scheduled replacement of City vehicles that were at the end of their useful life according to the vehicle life cycle specified in the City Vehicle Policy; and
WHEREAS, City staff have established a Fleet Replacement Schedule that helps to prioritize vehicle replacements based on a set of consistent criteria including age, reliability, mileage, maintenance and repair costs, service type, condition, and replacement lead time; and WHEREAS, staff have identified the need to replace four (4) City vehicles that have exceeded their useful life based on this Fleet Replacement Schedule; and WHEREAS, Healdsburg Fire Department has hired an additional Fire Inspector and now has an operational need for an additional City Vehicle to support the new Fire Inspector position; and
WHEREAS, Healdsburg Police Department has identified an operational need for an additional unmarked/undercover vehicle; and
WHEREAS, whenever possible, staff utilize Sourcewell contracts to obtain quotes from awarded vendors for vehicles to expedite the procurement process; and WHEREAS, Sourcewell (formerly NJPA) is a cooperative purchasing agency that offers purchasing solutions for products and services that are competitively bid nationally and made available for use by member agencies; and
WHEREAS, the City has been a member of Sourcewell since 2007. “Piggybacking” on another competitively bid contract is allowed for in Section 3.24.080 A.8 of the Healdsburg Municipal Code and satisfies the City’s competitive bidding requirements; and WHEREAS, replacing and adding these vehicles to the City Fleet allows for needed redundancy and promotes Fleet Maintenance best practices of replacing vehicles according to the established vehicle life cycle; and
WHEREAS, Staff recommend City Council approves the procurement of the proposed vehicles listed in Exhibit A, attached hereto and made a part of this resolution, and authorizes the City Manager to execute the related Purchase Order Contracts on behalf of the City; and Item 6.e
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WHEREAS, the adopted FY 2025-26 budget will need to be amended to increase appropriations in the Vehicle Replacement Fund budget by $639,992 to support all proposed purchases as depicted in Exhibit B, attached hereto and made a part of this resolution; and WHEREAS, Pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b) (2), continued administrative actions do 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. Approves the purchase of various City Fleet Vehicles as described on the attached Exhibit A.
2. Authorizes the City Manager to execute the related Purchase Order Contracts on behalf of the City.
3. Amending the adopted Fiscal Year 2025-26 budget as depicted in the attached Exhibit B.
4. Find that pursuant to California Environmental Quality Act and Title 14, the California Code of Regulations (“CEQA Guidelines”), Section 15378(b) (2), continued administrative actions do not qualify as a “Project”. Therefore, no further CEQA or environmental review is required.
PASSED, APPROVED AND ADOPTED this 2nd day of March 2026, by the following vote:
SO ORDERED: ATTEST:
_________________________________ ___________________________________ J. Chris Herrod, Mayor Raina Allan, City Clerk
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EXHIBIT A
Vehicle Proposed Replacement Proposed Vendor Adopted FY 25-26 Budget Proposed
Replacement Cost
(including outfitting)
Proposed Increase in
Budget Appropriations
211
2025 Ford E-Transit-350, ExtendedBody, High-Roof Van with Electric Motor & Enhanced Range Battery
with Outfitted Voyager System
Sourcewell Contract with Aries
Industries, Inc. $ - $ 368,157.67 $ 368,157.67
65 2026 Ford Super Duty F-250 SRW
(F2A) XL 2WD
Sourcewell Contract with
National Auto Fleet Group $ - $ 80,830.66 $ 80,830.66
249 2026 Ford Interceptor
Sourcewell Contract with
National Auto Fleet
Group(outfitting by others) $ 99,789.00 $ 83,842.42 N/A 432 2027 Ford F-550 Altec Bucket Truck
Sourcewell Contract with
Altec, Inc. $ 236,393.00 $ 373,971.52 $ 137,578.52
N/A (ADD) 2025 Ford Maverick XLT AWD
Sanderson Ford(outfitting by
others) $ - $ 53,424.05 $ 53,424.05
N/A (ADD) Chevy Blazer
Sourcewell Contract with
National Auto Fleet
Group(outfitting by others) $ 99,789.00 $ 73,260.69 N/A TOTAL $ 639,990.90
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Resolution No.
Exhibit B
Account Number Increase Amount Decrease Amount Description 622-6162-43225-00000 $ 122,719 Increase Vehicle Replacement Expense for Purchase of Public Works E-Transit Camera Van 622-6163-43225-00000 $ 122,719 Increase Vehicle Replacement Expense for Purchase of Public Works E-Transit Camera Van 622-6164-43225-00000 $ 122,720 Increase Vehicle Replacement Expense for Purchase of Public Works E-Transit Camera Van 622-3001-43225-00000 $ 80,831 Increase Vehicle Replacement Expense for Purchase of Community Services F250 622-7573-43225-00000 $ 137,579 Increase Vehicle Replacement Expense for Purchase of Electric F-550 Altec Bucket Truck 622-5501-43225-00104 $ 53,424 Increase Vehicle Replacement Expense for Purchase of Fire Inspectors Ford Maverick 104-5501-42408-00000 $ 53,424 Increase Replacement Fee Expense for Purchase of Fire Inspectors Ford Maverick 602-1000-35120-00000 $ 53,424 Increase Replacement Fee Revenue for Purchase of Fire Inspectors Ford Maverick FY 25-26 Budget Amendment
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: Review and Renew City of Healdsburg Military Equipment Use Ordinance and Policy and Review and Approve Annual Military Equipment Report PREPARED BY: Matt Jenkins, Chief of Police
STRATEGIC INITIATIVE(S):
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):
Adopt a Resolution pursuant to Government Code section 7071 renewing Chapter 2.60 of the Healdsburg Municipal Code entitled Military Equipment Use Ordinance, Healdsburg Military Equipment Use Policy 707, and finding that the annual Military Equipment Report complies with the standards of approval set forth in Government Code Section 7071(d).
COMMUNITY ENGAGEMENT/OUTREACH:
The California Government Code and Healdsburg Municipal Code require that, within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. This community meeting will be held within the prescribed timeframe at the Healdsburg Police Department.
BACKGROUND:
Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §§7070, et seq.) required legislative bodies to adopt ordinances approving military equipment use policies.
Adopting such policies was required before law enforcement agencies could continue to engage in activities related to the use of “military equipment” as defined in the Government Code. The Healdsburg Police Department has “military equipment” in its inventory and engages in critical public safety activities in coordination with other local jurisdictions. Pursuant to AB 481, on April 18, 2022, the City Council adopted Ordinance No. 1215, adding Chapter 2.60 to the HMC, which approved a military equipment use policy for police services, and included an inventory (report) of the City’s military equipment. The Government Code and HMC require the City Council to conduct an annual review of the Military Equipment Use Ordinance and Policy and vote on Item 6.f
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whether to renew the Ordinance and Policy. As explained in more detail below, the Government Code also requires an annual review of the military equipment report.
DISCUSSION/ANALYSIS:
The proposed resolution (Attachment 1) would confirm that the City Council has reviewed the Healdsburg Military Equipment Use Ordinance (Attachment 2), the Healdsburg Military Equipment Use Policy 707 (Attachment 3), and the Annual Military Equipment Report (Attachment 4).
As required by Government Code §7071(e)(1) and HMC 2.60.030(F): The City Council shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and…vote on whether to renew the ordinance at a regular meeting held pursuant to the Brown Act.
On April 18, 2022, the City Council adopted Ordinance No. 1215 implementing HMC Chapter
2.60 as well as the Healdsburg Military Equipment Use Policy 707 (Policy 707) which are attached hereto as Attachments 2 and 3, respectively.
The Police Department is responsible for ensuring that all provisions of Government Code §§7071 and 7072 and HMC Chapter 2.60 are met. The City Council will continue to be required by law to review at least annually the ordinance and policy and will have the opportunity to renew it or make any necessary changes.
Policy 707 approves the continued use by authorized and trained personnel of equipment currently in the Police Department’s inventory when the use is necessary to maintain safety.
Policy 707 also allows the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City when exigent circumstances require a swift response. The Department works closely with other local, county, state, and federal law enforcement agencies on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies. In exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of the community. When military equipment is used under exigent circumstances, the proposed ordinance requires prompt reporting on the use to the City Council.
In addition, pursuant to Government Code § 7071(e)(2) and HMC 2.60.050, the City Council shall determine, based on the annual military equipment report (Attachment 2), whether each type of military equipment identified in that report has complied with the standards of approval set forth in §7071(d) and HMC 2.60.030(D). The standards for approval are set forth below. Staff recommends the City Council make the required findings because:
1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The 6.C Packet Pg. 104 acquisition and use of this equipment is part of the Healdsburg Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation, and public Item 6.f
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safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Healdsburg.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.
Government Code § 7071(e)(2) and HMC 2.60.050 also requires the Police Department obtain approval from City Council prior to acquiring any military equipment. During the next year, the Police Department is seeking authorization to continue to purchase replacement drone equipment as outlined in the attached Annual Military Equipment Report and depending on the availability of funds. As outlined in the report, the Police Department is in the process of replacing old drones that are no longer serviceable.
ENVIRONMENTAL STEWARDSHIP:
Not Applicable.
ALTERNATIVES:
City Council could make changes to the Military Equipment Use Policy and/or ordinance or choose to discontinue the policy.
FISCAL IMPACT:
There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement agencies, including in mutual aid circumstances. Maintenance costs of existing equipment is included within the Department’s budget. The Annual Military Equipment Report (Attachment 4) seeks authorization to continue to purchase replacement drone equipment in the reporting term.
This is the same request that was made in the previous year; however, the Department did not purchase any new equipment. The purchases will be made depending upon the availability of appropriations in the Department’s adopted budget in the current fiscal year. If there is insufficient budget in the current year, the purchases will be proposed by the Department in the upcoming budget development process.
There will be staff time associated with compliance, annual review, reporting and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code.
ENVIRONMENTAL ANALYSIS:
Pursuant to California Public Resources Code § 21065 and the California Environmental Quality Item 6.f
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Act (“CEQA”) Guidelines § 15378, there is no possibility that this ordinance will have a significant impact on the physical environment and is not a project as defined under CEQA.
ATTACHMENT(S):
Resolution
Military Equipment Ordinance
Military Equipment Policy
2025 Annual Report - AB481
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CITY OF HEALDSBURG
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG PURSUANT TO GOVERNMENT CODE
SECTION 7071 RENEWING CHAPTER 2.60 OF THE
HEALDSBURG MUNICIPAL CODE ENTITLED MILITARY
EQUIPMENT USE ORDINANCE, HEALDSBURG MILITARY
EQUIPMENT USE POLICY 707, AND FINDING THAT THE
ANNUAL MILITARY EQUIPMENT REPORT COMPLIES
WITH THE STANDARDS OF APPROVAL SET FORTH IN
GOVERNMENT CODE SECTION 7071(d)
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) requires legislative bodies to adopt ordinances approving military equipment use policies, which are required before law enforcement agencies can continue to engage in activities related to the use of military equipment; and WHEREAS, the Healdsburg Police Department has “military equipment” in its inventory and engages in critical public safety activities in coordination with other jurisdictions on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to other local jurisdictions to promote the safety and security of community members; and
WHEREAS, on April 18, 2022, the City Council adopted Ordinance No. 1215, adding Chapter 2.60 to the Healdsburg Municipal Code, which approved Military Equipment Use Policy 707 for police services, and included a report (inventory) of the City’s military equipment; and WHEREAS, Healdsburg Military Equipment Use Policy 707 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, complies with all the requirements of the Government Code and the Healdsburg Municipal Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding use of military equipment by the Department; and
WHEREAS, the Government Code and the Healdsburg Municipal Code require the City Council to conduct an annual review of the Military Equipment Use Ordinance and Policy and vote on whether to the renew the Ordinance and Policy; and WHEREAS, the City Council has conducted its annual review of the Military Equipment Use Ordinance contained in Chapter 2.60 of the Healdsburg Municipal Code as well as its annual review of Healdsburg Military Equipment Use Policy 707; and Item 6.f
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WHEREAS, the City Council has also conducted its annual review of the military equipment report prepared and submitted pursuant to section 7072 of the Government Code and has considered the requirements contained in section 7071(d) of the Government Code; WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the City Council has reviewed and desires to renew Chapter 2.60 of the Healdsburg Municipal Code and the Healdsburg Military Equipment Use Policy 707.
NOW, THEREFORE, the City Council of the City of Healdsburg, California, DOES HEREBY FIND as follows:
Section 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.
Section 2. The City Council finds that Chapter 2.60 of the Healdsburg Municipal Code and Healdsburg Military Equipment Use Policy 707 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and are not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 3. The City Council has reviewed Chapter 2.60 of the Healdsburg Municipal Code and hereby renews that Chapter without change.
Section 4. The City Council has reviewed Healdsburg Military Equipment Use Policy 707 and hereby renews the Policy without change.
Section 5. The City Council has reviewed the annual military equipment report and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code section 7071 because of the following:
1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of the Healdsburg Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Healdsburg.
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3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Healdsburg at a regular meeting thereof this 2nd day of March 2026 by the following vote:
SO ORDERED: ATTEST:
__________________________________ __________________________________ J. Chris Herrod, Mayor Raina Allan, City Clerk
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3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 1/7 Chapter 2.60
MILITARY EQUIPMENT USE ORDINANCE
Sections:
2.60.010 Name of chapter.
2.60.020 Definitions.
2.60.030 Military equipment use policy requirement.
2.60.040 Use in exigent circumstances.
2.60.050 Reports on the use of military equipment.
2.60.060 Severability.
2.60.010 Name of chapter.
This chapter shall be known as the military equipment use ordinance. (Ord. 1215 § 3 (Exh. A), 2022.)
2.60.020 Definitions.
A. “Military equipment” includes all of the following (per Cal. Gov. Code § 7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subsection.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subsection.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
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7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subsection.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subsection.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subsection.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding subsections (A)(1) through (15) of this section, “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. “City” means any department, agency, bureau, and/or subordinate division of the City of Healdsburg.
C. “Police department” means any division, section, bureau, employee, volunteer and/or contractor of the Healdsburg police department.
D. “City Council” means the governing body that is the Healdsburg City Council.
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3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 3/7 E. “Military equipment use policy” means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. “Exigent circumstances” means a law enforcement agency’s good faith belief that an emergency involving the danger of, or imminent threat of, death or serious physical injury to any person is occurring, has occurred, or is about to occur.
G. “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
H. “Type” means each item that shares the same manufacturer model number. (Ord. 1215 § 3 (Exh.
A), 2022.)
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2.60.030 Military equipment use policy requirement.
A. The Healdsburg police department shall obtain approval of the City Council, by a resolution adopting a military equipment use policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:
1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Healdsburg.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
7. Acquiring military equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Healdsburg police department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a military equipment use policy submitted pursuant to this chapter, within 180 days of submission of the proposed military equipment use policy to City Council, the Healdsburg police department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this chapter.
C. In seeking the approval of City Council, the Healdsburg police department shall submit a proposed military equipment use policy to the City Council and make those documents available on Item 6.f
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3/12/23, 7:49 PM Chapter 2.60 MILITARY EQUIPMENT USE ORDINANCE https://www.codepublishing.com/CA/Healdsburg/#!/Healdsburg02/Healdsburg0260.html#2.60 5/7 the police department’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
D. The City Council shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
E. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the police department for as long as the military equipment is available for use.
F. The City Council shall review this chapter at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Ord. 1215 § 3 (Exh. A), 2022.)
2.60.040 Use in exigent circumstances.
A. Notwithstanding the provisions of this chapter, the police department may acquire, borrow and/or use military equipment in exigent circumstances without following the requirements of this chapter.
B. If the police department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
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2. If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment use policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3. Include the military equipment in the police department’s next annual military equipment report. (Ord. 1215 § 3 (Exh. A), 2022.)
2.60.050 Reports on the use of military equipment.
A. The police department shall submit to City Council an annual military equipment report for each type of military equipment approved by the City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use.
B. The police department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the police department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions Item 6.f
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E. The City Council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this chapter and the military equipment use policy. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (Ord. 1215 § 3 (Exh. A), 2022.)
2.60.060 Severability.
A. If any section, subsection, sentence, clause, phrase, or word of this chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this chapter.
B. The City Council hereby declares that it would have passed this chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional. (Ord. 1215 § 3 (Exh. A), 2022.) The Healdsburg Municipal Code is current through Ordinance 1218, passed October 17, 2022.
Disclaimer: The City Clerk’s office has the official version of the Healdsburg Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://www.ci.healdsburg.ca.us
City Telephone: (707) 431-3317
Code Publishing Company
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Policy
707
Healdsburg Police Department
Healdsburg PD Policy Manual
Copyright Lexipol, LLC 2025/11/25, All Rights Reserved.
Published with permission by Healdsburg Police Department Military Equipment Use Policy - 1
Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This is further required by Healdsburg City Municipal Code Chapter
2.60 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Department - the City of Healdsburg Police Department (HPD) Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/11/25, All Rights Reserved.
Published with permission by Healdsburg Police Department Military Equipment Use Policy - 2
707.2 POLICY
It is the policy of the Healdsburg Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Healdsburg Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing and coordinating the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY
The list attached hereto is divided into two section:
1. Section One - lists qualifying equipment that is owned and/or utilized by the Healdsburg Police Department.
2. Section Two - lists qualifying equipment that is not owned or regularly utilized by the Healdsburg Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the departmentcollaborates and/or participates for law enforcement purposes.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is Item 6.f
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Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/11/25, All Rights Reserved.
Published with permission by Healdsburg Police Department Military Equipment Use Policy - 3
submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
The military equipment use policy, and any amendments thereto, shall be approved by the governing body in accordance with Chapter 12.8 of Division 7 of Title 1 of the Government Code, if the governing body determines all of the following (Government Code § 7071(d)(1)):
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(c) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
The military equipment use policy shall be reviewed and approved by the governing body at least annually through the adoption of a resolution. In the absence of such review and approval, the military equipment use policy shall expire one (1) year from the last approval date.
As part of the annual review, or from time to time as may be needed, the military equipment use policy may be amended through the adoption of a resolution by the governing body.
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Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2025/11/25, All Rights Reserved.
Published with permission by Healdsburg Police Department Military Equipment Use Policy - 4
707.6 COORDINATION WITH OTHER JURISDICTIONS
In exigent circumstances and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition, borrowing or use to City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMPLIANCE
The Chief of Police or designee will ensure that all Department members comply with this policy. A complaint, concern, or question related to Military Equipment utilization by the Healdsburg Police Department can be made as follows:
(a) Via email to: [email protected]
(b) Via phone call to: 707-431-3377
(c) Via mail sent to Healdsburg Police Department: Attn: Military Equipment Coordinator: 238 Center St, Healdsburg, CA 95448
707.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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MILITARY EQUIPMENT USE
AB 481
2025 Annual Report
Matt Jenkins, Chief of Police
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Table of Contents
Annual Reporting Requirements...........................................................................................2 Summary of Uses..........................................................................................................................3 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................3 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................3 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................3 Complaints or Concerns Received........................................................................................4 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................4 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................4 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................4 Internal Audits of Equipment..................................................................................................5 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................5 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................5 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................5 Annual Costs...................................................................................................................................6 Unmanned, remotely piloted, powered aerial or ground vehicles......................................................6 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray)...............................................................................6 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons......................6 Inventory of Equipment Possessed......................................................................................7 Additional Inventory Sought for 2026...............................................................................10 Item 6.f
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Annual Reporting Requirements
AB481 requires on an annual basis the police department to seek and obtain City Council approval for future acquisition and funding of new military equipment and provide City Council and the public a report outlining how the military equipment was used, to ensure the police department is adhering to our policy and the city ordinance.
Healdsburg Municipal Code 2.60.050 (Reports on they use of Military Equipment) requires the police department submit to City Council an annual military equipment report for each type of military equipment approved by the City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use. The police department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
This annual military equipment report includes the all of the following required information for the immediately preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the police department will hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
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Summary of Uses
Unmanned, remotely piloted, powered aerial or ground vehicles How equipment was used: Police Department sUAS’s (drones) were used for a total of 5 flights/missions in 2025. Each flight/mission was conducted within department approved policy for the use of sUAS’s.
Purpose of use:
Training – 3
Law Enforcement Search (Suspect) – 1
Law Enforcement Tactical Support – 1
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) How equipment was used:
There were no uses of this category of equipment.
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons How equipment was used:
There were no uses of this category of equipment.
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Complaints or Concerns Received
Unmanned, remotely piloted, powered aerial or ground vehicles Complaint/Concern:
No complaints or concerns were received.
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) Complaint/Concern:
No complaints or concerns were received.
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Complaint/Concern:
No complaints or concerns were received.
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Internal Audits of Equipment
Unmanned, remotely piloted, powered aerial or ground vehicles Results of any internal audits:
A review of flight data was conducted and found that all flights were conducted within department policy and FAA regulations.
Information about violations of the military equipment use policy:
N/A
Actions taken in response:
N/A
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) Results of any internal audits:
There were no uses of this category of equipment.
Information about violations of the military equipment use policy:
N/A
Actions taken in response:
N/A
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Results of any internal audits:
There were no uses of this category of equipment.
Information about violations of the military equipment use policy:
N/A
Actions taken in response:
N/A
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Annual Costs
Unmanned, remotely piloted, powered aerial or ground vehicles Acquisition Personnel Training Transportation Maintenance Storage Upgrade Source
funds
Total
Costs
$0 $0 $500 $0.00 $0.00 $0.00 $0.00
Approved
Budget $500
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) Acquisition Personnel Training Transportation Maintenance Storage Upgrade Source
funds
Total
Costs
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Approved
Budget $0.00
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Acquisition Personnel Training Transportation Maintenance Storage Upgrade Source
funds
Total
Costs
$0 $500 $360 $0.00 $0.00 $0.00 $0.00
Approved
Budget $860
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Inventory of Equipment Possessed
Quantities as of Dec 31, 2024
Type of Equipment Quantity
Unmanned, remotely piloted, powered aerial or ground vehicles i. SKYDIO X10, Cost: $23,320.15. A compact, foldable drone, that integrates a Teledyne FLIR Boson+ sensor, delivering high quality thermal imaging. Capable of resolutions of 640x512 and offering increased sensitivity down to <=30mK, X10 delivers more accurate radiometric readings.
1 “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) i. COMBINED TACTICAL SYSTEMS, 40MM FRANGIBLE IMPACT OC
POWDER 4556, cost: $19.09. A less lethal 40mm lightweight foam projectile firedfrom a single 40mm launcher with a rifled barrel at 300 FPS.
The 40mm direct fire, dispersed OC irritant round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and asfar as 150 feet from the target. 19 ii. COMBINED TACTICAL SYSTEMS, 37MM OC MUZZLE BLAST
INDOOR AND OUTDOOR 3440, cost: $20.72. A less lethal 37mm lightweight OC powder projectile fired from a single 37mm grenade launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 50 feet from the target.
20 The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
i. PENN ARMS, 40MM SINGLE MULTI LAUNCHER, cost: $2,630. The 40mm Single Launcher is a tactical single-shot launcher that features a fixed stock and an Integrated Front Grip (IFG). It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is authorized to be used by officers trained in its use.
2 ii. DEFENSE TECHNOLOGY, 37MM SINGLE LAUNCHER, cost: $2,630.
The 37mm Single Launcher is a tactical single shot launcher that features a fixed stock and an Integrated Front Grip (IFG). It will fire standard 37mm less lethal ammunition, up to 8 inches in cartridge length. 1 iii. MOSSBERG 590 LESS LETHAL SHOTGUN, cost: $412. The Mossberg 6 Item 6.f
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590 Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers anda suspect reducing the immediacy of the threat which is a principle of de-escalation. iv. COMBINED TACTICAL SYSTEMS, 40MM SPONGE 4457, cost: $21.00.
A less lethal 40mm lightweight foam projectile fired from a single 40mm launcher with a rifled barrel at 240-250 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 100 feet from the target.
19 v. COMBINED TACTICAL SYSTEMS, 40MM .60 STING BALL 4558, cost:
$25.84. A less lethal 40mm lightweight foam projectile fired from a single 40mm launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
20 vi. COMBINED TACTICAL SYSTEMS, 3.7MM/40MM STING BALL 8” LONG 3559, cost: $17.46. A less lethal 37mm multi-projectile impact munition fired from a single 37mm launcher with a rifled barrel at 280-325 FPS.
The 37mm sting pellet round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 feet from the target.
20 vii. COMBINED TACTICAL SYSTEMS, 37MM/40MM FOAM BATON 8” LONG 3555, cost: $21.38. A less lethal 37mm lightweight foam projectile fired from a single 37mm/40mm launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 feet from the target.
19 viii. Defense Technology 40 mm. Direct Impact Reloadable Training Kit, cost: $1,546.71. The Direct Impact and eXact iMpact Reloadable Training Kit allows realistic training to be conducted at a fraction of the cost of using operational rounds. These reusable projectiles can be reloaded by hand in the field in less than 10 seconds without the need for presses or other reloading equipment.
1 ix. 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5. A less lethal
2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model2581 295 Duty
62 Training
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Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." TheSuperSock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
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Additional Inventory Sought for 2026
Type of Equipment
Quantity
Sought
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
12-GAUGE SUPER-SOCK BEANBAG TRAINING ROUND
100
Unmanned, remotely piloted, powered aerial or ground vehicles TBD, cost: TBD
Staff is currently evaluating options that are available and will selected the appropriate sUAS in FY 25/26. The number as well as make/model will be dependent on available funds in the budget. This is the same request that was in the previous report; however, no new sUAS’s were purchased.
Up to 4
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: Second Amendment to the Freebird Disposition and Development Agreement
PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):
-Expand Affordable Housing Opportunities
RECOMMENDED ACTION(S):
Adopt a Resolution Approving and Authorizing the City Manager to Execute and Enter into the Second Amendment to Disposition and Development Agreement by and Between the City of Healdsburg, Freebird Development Company, LLC, and Saggio Hills Lot 3, L.P., for the Saggio Hills Affordable Housing Project at 450 Parkland Farms Boulevard.
COMMUNITY ENGAGEMENT/OUTREACH:
The City of Healdsburg ("City") and Freebird Development Company, LLC ("Project Wide Developer") have engaged in community outreach efforts related to future development of the affordable housing project on approximately 12.4 acres of land ("Affordable Housing Land") within the Saggio Hills Project site. Members of the public participated in the City Council's evaluation of developers in late 2020 and selection of the Developer and the approval of an Exclusive Negotiating Rights Agreement ("ENA") effective February 16, 2021, as well as during public hearings before the Planning Commission on November 8, 2022, related to design review (“DR 2022-05”) and tentative subdivision map (“TM 2022-02”) applications; thereafter, on April 3, 2023, the City Council approved TM 2022-02 and the Disposition and Development Agreement.
A public hearing for the final map was held on April 7, 2025, providing an additional opportunity for community input as part of the application process.
BACKGROUND:
On April 3, 2023, the City Council adopted Resolution No. 41-2023, approving the Disposition and Development Agreement ("DDA") between City of Healdsburg and Freebird Development Company, LLC, a California limited liability company ("Project Wide Developer"), for the Saggio Hills Affordable Housing Project ("Project"). The Project will include the development of up to 118 affordable housing units in four (4) phases, the preservation of open space, outdoor amenities Item 6.g
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for residents, a community building, publicly accessible trails, and public infrastructure improvements.
On April 17, 2023, the City Council adopted Ordinance No. 1228, thereby approving the Development Agreement (“DA”) between the City and Project Wide Developer, which became effective thirty (30) days thereafter on May 17, 2023. The DA was recorded in the Official Records of Sonoma County on June 2, 2023, as Instrument No. 2023024652.
On April 21, 2023, the City and Project Wide Developer executed the DDA, which became effective on May 17, 2023, simultaneously with the effectiveness of the DA.
Effective as of February 1, 2024, pursuant to the Partial Assignment and Assumption of DA and DDA, executed by and between the City, Project Wide Developer, and Saggio Hills Lot 14, L.P., a California limited partnership (“Phase 1 Developer”), the Project Wide Developer assigned to Phase 1 Developer, and Phase 1 Developer assumed from Project Wide Developer, all rights, title, interest, and obligations under the DDA and DA related to the development of the Phase 1 Project on the Phase 1 Parcels (the “Phase 1 Assignment”).
The Phase 1 Project is comprised generally of 48 Rental Affordable Housing Units on Lot 14 (47 units deed-restricted for affordable housing for at least 55 years, and one unit designated for the manager), an approximately 3,067 square foot community building with associated hardscape and landscape improvements on Lot 2, public improvements comprised generally of sidewalks and streetlights along Passalacqua Drive and Parkland Farms Boulevard, installation of a rectangular rapid flashing beacon at a crossing of Parkland Farms Boulevard between Parcel B and Lot 2, and publicly accessible open space areas enhanced with pedestrian trails on Parcel A.
On September 1, 2024, in accordance with the Partial Assignment And Assumption of DA and DDA, executed by and between the City, Project Wide Developer, and Saggio Hills Lot 3, L.P., a California limited partnership (“Phase 2 Developer”), the Project Wide Developer assigned to Phase 2 Developer, and Phase 2 Developer assumed from Project Wide Developer, all right, title, interest, and obligations under the DDA and DA related to the development of Project Phase 2 on the Phase 2 Parcels (the “Phase 2 Assignment”). The Phase 2 Project is comprised generally of 42 Rental Affordable Housing Units on Lot 3 and outdoor amenities such as community gardens, picnic areas, or a small farm on Lot 1.
On April 7, 2025, the City Council adopted Resolution No. 23-2025, approving the Saggio Hills Affordable Housing Final Map (the “Final Map”) for the subdivision of the Property, creating Parcel A and B, and Lots 1, 2, 3, 4, 14, and 15, in conformance with TM 2022-02 and as contemplated by the DA and DDA.
On April 21, 2025, the City Council adopted Resolution No. 27-2025, approving a First Amendment to the Disposition and Development Agreement between the City, Project Wide Developer, Phase 1 Developer and Phase 2 Developer to amend (i) Section 103.3 of the DDA to allow for the admission of a tax credit investor as a Pre-Approved Transfers, (ii) Section 802 of the DDA to increase the amount of the Public Improvement Loan pertaining to the Phase 1 Project by one million dollars ($1,000,000), above the existing amount of one million one hundred fifty Item 6.g
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one thousand one hundred seventy dollars ($1,151,170), to a total loan amount of two million one hundred fifty one thousand one hundred seventy dollars ($2,151,170), (iii) Sections 209.3 and 1019 of the DDA to clarify that a successor owner acquiring title to a Project Phase through a foreclosure proceeding is not responsible for indemnification obligations set forth in Sections 209.3 and 1019 accruing prior to the date of acquiring title through foreclosure, (iv) Section 611.3 of the DDA to provide that notices regarding a default by a developer of a Project Phase be provided to the investors of a Project Phase so that they may be able to cure the default if the developer of the Project Phase does not, and (v) add a new Section 909 to the DDA to clarify that upon the close of escrow for a Project Phase, that the owners of said Project Phase will not have any liability for any other Project Phase.
DISCUSSION/ANALYSIS:
The DDA sets forth the terms and conditions relating to: (i) the disposition of Lots 1, 2, 3, 4, 14, and 15 and Parcel A of the Final Map from the City to the developer, or an approved assignee, in four phases - Parcel B is being retained by the City for open space purposes; (ii) the development and maintenance of the Project Improvements constructed in each phase; and (iii) the imposition of covenants running with the land to ensure the long-term affordability of the Affordable Units constructed in each phase of the Project.
On May 20, 2025, escrow closed for the transfer of the Phase 1 Parcels (i.e. Parcel A, Lot 2 and Lot 14) to the developer and the construction of Phase 1 commenced promptly thereafter and is progressing towards completion with occupancy anticipated for late summer of 2026. Since the close of escrow on the Phase 1 Parcels, the developer has pursued and secured the necessary financing for the Phase 2 Project. The City and developer are currently in the process of finalizing documentation for the close of escrow on the Phase 2 Parcels, with an anticipated escrow closing date of March 23, 2026.
As Saggio Hills nears the finish line for the close of escrow on the second phase of the Saggio Hills Affordable Housing Project, there is a need to amend the DDA to facilitate the Phase 2 Closing transaction. During an environmental review conducted by the California Department of Housing and Community Development (“HCD”), in accordance with the National Environmental Quality Act (“NEPA”), HCD sought to require the Phase 2 Project to import and place approximately two (2) feet of fill material over Lot 1 to address the presence of certain naturally occurring metals in the soil. City staff, the Project Wide Developer, and Phase 2 Developer have all objected to the condition as being unnecessary from a health and safety perspective, but HCD has persisted. Further, the added cost of importing and grading Lot 1 as requested was not budgeted for, and the time required to secure the necessary permits for such work in proximity to the creek that is adjacent to Lot 1 has the potential to jeopardize the funding that has been secured.
Accordingly, staff is recommending the DDA be amended to allow Lot 1, which is intended to be improved with outdoor amenities such as community gardens, picnic areas, and/or a small farm, be removed as a component of the Phase 2 Parcels and Phase 2 Project and instead be included as a component of the Phase 3 Parcels and Phase 3 Project.
In the interim period City staff and the Project Wide Developer will examine this issue further and propose a solution, if necessary, that addresses any health and safety issues.
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In the First Amendment to the DDA, Section 209.3 of the DDA was amended to clarify that a successor owner acquiring title to the Phase 1 Project through a foreclosure proceeding is not responsible for indemnification obligations that accrued prior to the date of acquiring title through foreclosure. In this Second Amendment to the DDA, that same clarification is being made to Sections 309.3, 409.3 and 509.3 of the DDA as they relate to the Phase 2 Project, Phase 3 Project, and Phase 4 Project, respectively.
ENVIRONMENTAL STEWARDSHIP:
The Saggio Hills Affordable Housing Project underwent an environmental review as part of the tentative map approval process. Additionally, an environmental impact report (“Saggio Hills Project EIR”) was prepared pursuant to the California Environmental Quality Act (Pub. Res. Code 21000, et seq.) (“CEQA”), (State Clearinghouse No. 2003062025), which analyzed the environmental impacts of development of the Saggio Hills Project. The Saggio Hills Project EIR was certified by the City Council on January 31, 2011, and a Mitigation Monitoring and Reporting Program was adopted by Resolution No. 15-2011. Pursuant to CEQA Guidelines section 15164, the City prepared an Environmental Checklist & Addendum to the Saggio Hills Project EIR, dated September 2022 ("Addendum"). This document can be found in the Planning Department's files for the Project at Healdsburg City Hall, Community Development Center, 401 Grove Street, Healdsburg, CA.
ALTERNATIVES:
1. Recommended actions: Adopt a resolution approving and authorizing the City Manager to execute and enter into the Second Amendment to the Disposition and Development Agreement by and between the City, Project Wide Developer, and Phase 2 Developer and thereby amend Sections 101 and 601.1 of the DDA related to shifting Lot 1 as a component of the Phase 2 Project to the Phae 3 Project, and Sections 309.3, 409.3 and 509.3 of the DDA regarding the obligation of a lender who acquires title pursuant to a foreclosure to indemnify the City.
2. Incorporate specific modifications into the resolution prior to taking City Council action.
3. The City Council may choose not to adopt the resolution to approve the execution and entry into the Second Amendment to the DDA, which would delay the close of escrow for the Phase 2 Project and jeopardize the funding secured by the Phase 2 Developer.
FISCAL IMPACT:
There is no fiscal impact resulting from this Second Amendment to the DDA. It should be noted, that in compliance with the DDA, the Project Wide Developer has established a deposit account with the City to cover consultant costs related to the implementation of the DDA. As a result, the costs incurred by the City Attorney for preparing and reviewing this Second Amendment to the DDA as well as the documentation associated with the Phase 2 Closing will be paid for from the aforementioned deposit account.
ENVIRONMENTAL ANALYSIS:
See above discussion under Environmental Stewardship.
ATTACHMENT(S):
Resolution
Second Amendment to Disposition and Development Agreement Item 6.g
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4909-1132-6608 v1
CITY OF HEALDSBURG
RESOLUTION NO. ___ -2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND ENTER INTO THE SECOND
AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF
HEALDSBURG, FREEBIRD DEVELOPMENT COMPANY, LLC,
AND SAGGIO HILLS LOT 3, L.P., FOR THE SAGGIO HILLS
AFFORDABLE HOUSING PROJECT AT 450 PARKLAND
FARMS BOULEVARD
WHEREAS, on April 3, 2023, the City Council adopted Resolution No. 41-2023, approving the Disposition and Development Agreement ("DDA") between City of Healdsburg and Freebird Development Company, LLC, a California limited liability company ("Project Wide Developer"), for the Saggio Hills Affordable Housing Project ("Project"), involving the development of up to 118 affordable housing units in four (4) phases, the preservation of open space, outdoor amenities for residents, a community building, publicly accessible trails and public infrastructure improvements; and
WHEREAS, On April 17, 2023, the City Council adopted Ordinance No. 1228, thereby approving the Development Agreement (“DA”) between the City and Project Wide Developer, which became effective thirty (30) days thereafter on May 17, 2023, and was recorded in the Official Records of Sonoma County on June 2, 2023, as Instrument No. 2023024652; and WHEREAS, the DDA established the terms and conditions for the transfer of City property to the Project Wide Developer and the financing, construction, and long-term affordability of the Project to be constructed thereon; and
WHEREAS, effective February 1, 2024, pursuant to the Partial Assignment and Assumption of Development Agreement and Disposition and Development Agreement, executed by and between the City, Project Wide Developer, and Saggio Hills Lot 14, L.P., a California limited partnership (“Phase 1 Developer”), the Project Wide Developer assigned to Phase 1 Developer, and Phase 1 Developer assumed from Project Wide Developer, all rights, title, interest, and obligations under the DDA and DA related to the development of Phase 1 Project on the Phase 1 Parcels (“Phase 1 Assignment”); and
WHEREAS, effective September 1, 2024, pursuant to the Partial Assignment and Assumption of Development Agreement and Disposition and Development Agreement, executed by and between the City, Project Wide Developer, and Saggio Hills Lot 3, L.P., a California limited partnership (“Phase 2 Developer”), the Project Wide Developer assigned to Phase 2 Developer, and Phase 2 Developer assumed from Project Wide Developer, all rights, title, interest, and obligations under the DDA and DA related to the development of Phase 2 Project on the Phase 2 Parcels (“Phase 2 Assignment”); and
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Resolution No. -2026
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WHEREAS, on April 7, 2025, the City Council adopted Resolution No. 23-2025, approving the Saggio Hills Affordable Housing Final Map (“Final Map”) for the subdivision of the Property, creating Parcel A and B, and Lots 1, 2, 3, 4, 14, and 15, in conformance with TM 2022-02 and as contemplated by the DA and DDA; and
WHEREAS, on April 21, 2025, the City Council adopted Resolution No. 27-2025, approving a First Amendment to the Disposition and Development Agreement between the City, Project Wide Developer, Phase 1 Developer and Phase 2 Developer to amend (i) Section 103.3 of the DDA to allow for the admission of a tax credit investor as a Pre-Approved Transfers, (ii) Section 802 of the DDA to increase the amount of the Public Improvement Loan by one million dollars ($1,000,000), above the existing amount of one million one hundred fifty one thousand one hundred seventy dollars ($1,151,170.00), to a total loan amount of two million one hundred fifty one thousand one hundred seventy dollars ($2,151,170), (iii) Sections 209.3 and 1019 of the DDA to clarify that a successor owner acquiring title to a Project Phase through a foreclosure proceeding is not responsible for indemnification obligations set forth in Sections 209.3 and 1019 accruing prior to the date of acquiring title through foreclosure, (iv) Section 611.3 of the DDA to provide that notices regarding a default by a developer of a Project Phase be provided to the investors of a Project Phase so that they may be able to cure the default if the developer of the Project Phase does not, and (v) add a new Section 909 to the DDA to clarify that upon the close of escrow for a Project Phase, that the owners of said Project Phase will not have any liability for any other Project Phase; and
WHEREAS, on May 20, 2025, escrow closed for the transfer of the Phase 1 Parcels (i.e.
Parcel A, Lot 2 and Lot 14) to the Phase 1 Developer and the development and construction of the Phase 1 Project commenced promptly thereafter and is progressing towards completion with occupancy anticipated for late summer of 2026; and
WHEREAS, in order to facilitate the Phase 2 Closing, the Project Wide Developer and Phase 2 Developer have requested that Lot 1, to be improved with outdoor amenities such as community gardens, picnic areas and/or a small farm, be removed as a component of the Phase 2 Parcels and Phase 2 Project and instead be included as a component of the Phase 3 Parcels and Phase 3 Project, as reflected in the attached Second Amendment to Disposition and Development Agreement; and
WHEREAS, the fulfillment of this Second Amendment to Disposition and Development Agreement is in the vital and best interests of City and the health, safety and welfare of its residents and in accord with the provisions of applicable federal, state and local law; and WHEREAS, an environmental impact report (“Saggio Hills Project EIR”) was prepared pursuant to the California Environmental Quality Act (Pub. Res. Code 21000, et seq.) (“CEQA”), (State Clearinghouse No. 2003062025), which analyzed the environmental impacts of Item 6.g
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development of the Saggio Hills Project. The Saggio Hills Project EIR was certified by the City Council on January 31, 2011, and a Mitigation Monitoring and Reporting Program was adopted by Resolution No. 15-2011. Pursuant to CEQA Guidelines section 15164, the City prepared an Environmental Checklist & Addendum to the Saggio Hills Project EIR, dated September 2022 ("Addendum"). This document can be found in the Planning Department's files for the Project at Healdsburg City Hall, Community Development Center, 401 Grove Street, Healdsburg, CA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby approve the Second Amendment to the Disposition And Development Agreement by and between the City of Healdsburg, a California municipal corporation, Freebird Development Company, LLC, a California limited liability company, and Saggio Hills Lot 3, L.P., a California limited partnership for the Saggio Hills Affordable Housing Project, a copy of which is on file with the City Clerk, and subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution hereof, and authorizes the City Manager to take all actions, execute all documents, and take all appropriate actions to implement the DDA, as amended by the Second Amendment to the Disposition And Development Agreement in accordance with its terms on behalf of the City of Healdsburg.
Passed, Approved AND Adopted by the City Council of the City of Healdsburg this 2nd day of March 2026, by the following vote:
SO ORDERED: ATTEST:
_________________________________ ___________________________________ J. Chris Herrod, Mayor Raina Allan, City Clerk
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SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT by and between the
CITY OF HEALDSBURG,
a California municipal corporation,
and
FREEBIRD DEVELOPMENT COMPANY, LLC
a California limited liability company,
and
SAGGIO HILLS LOT 3, L.P.
a California limited partnership
for
SAGGIO HILLS AFFORDABLE HOUSING PROJECT
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THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (“Second Amendment”) is entered into by and between the CITY OF HEALDSBURG, a California municipal corporation (“City”), FREEBIRD DEVELOPMENT COMPANY, LLC, a California limited liability company (“Developer”), and SAGGIO HILLS LOT 3, L.P., a California limited partnership (“Phase 2 Developer”), dated for identification purposes as of March 1, 2026. City, Developer, and Phase 2 Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
RECITALS
A. Effective as of May 17, 2023, the City and Developer executed and entered into that certain Disposition and Development Agreement (the “Agreement”), pertaining to real property located within the City of Healdsburg, County of Sonoma, State of California, and described in Exhibit A attached to the Agreement (hereinafter, the “Site”). The following recitals are a substantive part of this Amendment; capitalized terms used herein and not otherwise defined are defined in Section 101 of the Agreement.
B. The City and Developer also entered into that certain Development Agreement effective as of May 17, 2023, which was recorded in the Official Records on June 2, 2023 as Instrument No. 2023024652 (the “Development Agreement”), pertaining to the Site.
C. The Agreement sets forth the terms and conditions relating to: (i) the disposition of the Site, excluding Parcel B, to Developer for the development of up to 150 affordable housing units; (ii) the development and maintenance of the Project Improvements by Developer; and (iii) the imposition of covenants running with the land to ensure the long-term affordability of the Affordable Units on the Site.
D. Section 103.3 of the Agreement governs the terms and conditions regarding the transfer or assignment of an Interest in the Agreement by Developer which does not require the City’s prior approval, which Pre-Approved Transfers are meant to facilitate the timely implementation of the terms of the Agreement and development of the project without undermining the City’s oversight.
E. Effective February 1, 2024, the City, Developer and SAGGIO HILLS LOT 14, L.P., a California limited partnership (“Phase 1 Developer”), executed and entered into that certain Partial Assignment and Assumption of Development Agreement and Disposition and Development Agreement (the “Phase 1 Assignment”), whereby Developer transferred, assigned, granted and conveyed to Phase 1 Developer all of its rights, title and interest in and to and the obligations, duties, responsibilities, conditions and restrictions under the Development Agreement and Disposition and Development Agreement to the Phase 1 Parcels and Phase 1 Project.
F. Effective September 1, 2024, the City, Developer and Phase 2 Developer executed and entered into that certain Partial Assignment and Assumption of Development Agreement and Disposition and Development Agreement (the “Phase 2 Assignment”), whereby Developer transferred, assigned, granted and conveyed to Phase 2 Developer all of its rights, title and interest in and to and the obligations, duties, responsibilities, conditions and restrictions under the Item 6.g
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Development Agreement and Disposition and Development Agreement to the Phase 2 Parcels and Phase 2 Project.
G. As of April 21, 2025, to facilitate the Phase 1 Closing, the City, Developer, Phase 1 Developer, and Phase 2 Developer executed and entered into that First Amendment to Disposition and Development Agreement (the “First Amendment”).
H. To facilitate the Phase 2 Closing, the Developer and Phase 2 Developer have requested that Lot 1 be removed as a component of the Phase 2 Parcels and Phase 2 Project and instead be included as a component of the Phase 3 Parcels and Phase 3 Project.
I. Further, to facilitate each of the remaining Phased Closings, Developer has requested that Sections 309.3, 409.3 and 509.3 of the Agreement be amended to clarify that a successor owner acquiring title to a Project Phase through a foreclosure proceeding is not responsible for indemnification obligations accruing prior to the date of acquiring title through foreclosure.
J. The fulfillment of this Second Amendment is in the vital and best interests of City and the health, safety and welfare of its residents and in accord with the provisions of applicable federal, state and local law.
NOW, THEREFORE, City, Developer, and Phase 2 Developer hereby agree as follows:
1. Consistent with the terms of the Agreement, First Amendment, and the Phase 2 Assignment, the term Developer shall mean the Phase 2 Developer in connection with the Phase 2 Project.
2. Section 101 of the Agreement is hereby amended to amend the following definitions:
“Phase 2 Parcel” means Lot 3.
“Phase 3 Parcels” means Lot 1 and Lot 15.
3. Section 601.1 of the Agreement is hereby amended in its entirety to read as follows:
601.1. Project Phases. Developer shall develop and construct the Project Improvements in no more than four phases in accordance with the Conditions of Approval required by City, and those plans, drawings and documents (including Construction Drawings) submitted by Developer and approved by City, as applicable, all as provided herein. All work of Project Improvements shall be performed in a first-class, workmanlike manner by qualified, professional contractor(s) duly licensed in California and in good standing under applicable Laws.
The first phase of the Project Improvements shall consist of the construction and completion thereof of the Parcel A Improvements, Lot 2 Improvements, Lot 14 Improvements, and the Public Improvements in accordance with the Project Approvals (“Phase 1 Improvements”) on the Phase 1 Parcels (“Phase 1 Project”). The Parcel B Improvements will be designed and constructed by City, at its sole cost and expense, Item 6.g
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either before or concurrently with the construction of the Phase 1 Improvements by Developer, and maintained by City thereafter.
The second phase of the Project Improvements will consist of the construction and completion thereof of the Lot 3 Improvements in accordance with the Project Approvals (“Phase 2 Improvements”) on the Phase 2 Parcel (“Phase 2 Project”).
The third phase of the Project Improvements will consist of the construction and completion thereof of the Lot 1 Improvements and Lot 15 Improvements in accordance with the Project Approvals (“Phase 3 Improvements”) on the Phase 3 Parcels (“Phase 3 Project”).
The fourth phase of the Project Improvements will consist of the construction and completion thereof of the Townhome Lot Improvements in accordance with the Project Approvals (“Phase 4 Improvements”) on the Phase 4 Parcels (“Phase 4 Project”).
No less than thirty (30) calendar days following the City Manager’s approval of the Evidence of Financing for the Phase 3 Project, Developer shall elect to develop and construct the Lot 15 Improvements pursuant to the Lot 15 Rental Option or the Lot 15 Owner-Occupied Option. If Developer elects to develop and construct the Lot 15 Improvements pursuant to the Lot 15 Rental Option, then said Lot 15 Improvements may be constructed and completed as a stand-alone rental development or as part of the Phase 1 Project and/or the Phase 2 Project, as may then be feasible; however, if Developer elects to develop and construct the Lot 15 Improvements pursuant to the Lot 15 OwnerOccupied Option, then said Lot 15 Improvements may be constructed and completed as a stand-alone owner-occupied development or as part of and combined with the Phase 4 Project, as may then be feasible.
4. The following sentence is hereby added to the end of each of Section 309.3, 409.3 and 509.3 of the Agreement respectively:
Notwithstanding the foregoing, City hereby acknowledges and agrees the provisions of this section shall not bind a successor owner that acquires title pursuant to a foreclosure, deed in lieu or similar action for any losses damages, liabilities, claims, actions, judgments, court costs, and legal or other expenses first arising or accruing prior to the date such successor owner acquired title to the Property, irrespective of when the indemnification obligations hereunder were discovered.
5. The Parties hereby affirm their approval of the Phase 2 Assignment, as amended by the First Amendment and this Second Amendment.
6. The Parties shall cause a Memorandum of Second Amendment to Disposition and Development Agreement, substantially in the form attached as Attachment No. 4 to the Agreement, to be modified to reflect the approval of this Second Amendment, and thereafter executed and acknowledged by the City, Developer, and Phase 2 Developer and recorded against the Site, excepting the Phase 1 Parcels, as more particularly Item 6.g
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described in the legal description attached hereto as Exhibit A, in the Official Records prior to or concurrent with the Phase 2 Closing.
[Signatures follow on next 2 pages]
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IN WITNESS WHEREOF, City, Developer, Phase 1 Developer and Phase 2 Developer have executed this Second Amendment effective as of the date set forth above.
CITY:
CITY OF HEALDSBURG,
a California municipal corporation
By:
Jeffrey Kay, City Manager
APPROVED AS TO FORM:
_________________________________
Samantha Zutler, City Attorney
DEVELOPER:
FREEBIRD DEVELOPMENT COMPANY, LLC,
a California limited liability company
By:
Robin Zimbler, Manager
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PHASE 2 DEVELOPER:
SAGGIO HILLS LOT 3, L.P.,
a California limited partnership
By:JHC-Saggio Hills Lot 3 LLC,
a California limited liability company,
its managing general partner
By: Jamboree Housing Corporation,
a California nonprofit public benefit
corporation, its sole member/manager
By:_________________________
Michael Massie, Executive
Vice President and Chief
Development Officer
By: Freebird Saggio Hills Lot 3 LLC,
a California limited liability company,
its administrative general partner
By: Freebird Development Company,
LLC, a California limited liability company,
its sole member/manager
By:_________________________
Robin Zimbler, Manager
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EXHIBIT A
LEGAL DESCRIPTION
The real property situated in the City of Healdsburg, County of Sonoma, State of California, described as follows:
Lot 1, Lot 3, Lot 4 and Lot 15 as shown on the Map entitled Saggio Hills Affordable Housing, filed May 7, 2025, in Book 857 of Maps, at Pages 33 through 39, inclusive, Sonoma County Records.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: General Plan Annual Report 2025
PREPARED BY: Ellen McDowell, Senior Planner
STRATEGIC INITIATIVE(S):
Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth
Pursue Initiatives that Promote Environmental Stewardship Expand Affordable Housing Opportunities
Maintain and Improve Infrastructure and Facilities
Provide Effective Governance
Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):
By motion, accept the annual report and direct staff to file it with the appropriate state agencies.
COMMUNITY ENGAGEMENT/OUTREACH:
No specific outreach has occurred for the preparation of this General Plan Annual Report since it is an informational report. Implementation of General Plan goals and policies typically involves engagement of the community.
BACKGROUND:
The Healdsburg 2030 General Plan helps to guide decision making by residents, property owners, business interests, and elected and appointed officials about public and private land use and development that shape Healdsburg’s physical environment.
DISCUSSION/ANALYSIS:
State law requires the City submit an annual report to the City Council, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) on the status of the General Plan and progress made in its implementation.
Additionally, General Plan Implementation Measure AI-1 requires the preparation of an annual report to the Planning Commission and City Council, focusing on actions undertaken in the Item 6.h
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previous year to carry out General Plan implementation measures, outlining actions planned for the coming year, and identifying necessary revisions to the policy document.
In 2025, the City Council took numerous actions which forwarded goals and policies included in the General Plan. Attachment 1 to this report provides summaries of those actions by element of the General Plan.
ENVIRONMENTAL STEWARDSHIP:
Implementation of many General Plan goals and policies as outlined in the attached report reflects ongoing environmental stewardship.
ALTERNATIVES:
The report is a presentation of information only.
FISCAL IMPACT:
There are no fiscal implications associated with acceptance of the General Plan Annual Report.
ENVIRONMENTAL ANALYSIS:
The General Plan Annual Report is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”) because it can be seen with certainty that there is no possibility that the General Plan Annual Report will have a significant effect on the environment.
ATTACHMENT(S):
General Plan Annual Report 2025
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ATTACHMENT 1
City of Healdsburg
General Plan Annual Report
2025 – Year in Review
INTRODUCTION
The 2030 General Plan, adopted July 6, 2009, provides a strategic program for addressing and planning for the quality of life and needs of the Healdsburg community through 2030. It includes all the State required elements as well as additional optional elements important to the Healdsburg community. The document consists of guiding principles and goals, policies, and implementation programs, and it guides the physical development of the City. The report has been prepared in accordance with the State Office of Planning and Research’s General Plan Guidelines.
California state law requires preparation of an annual report for presentation to the City Council and submittal to the Office of Planning and Research and the Department of Housing and Community Development by April 1. Local policy also addresses annual reporting, providing additional direction.
General Plan policy AI-1 directs preparation of an annual report to the Planning Commission and City Council which focuses on actions undertaken in the previous year to carry out General Plan implementation measures, outlines actions planned for the coming year and identifies any necessary revisions.
This report addresses these requirements and outlines how key General Plan goals have been implemented over the last calendar year. The complete General Plan is available on the City’s website at https://www.ci.healdsburg.ca.us/354/General-Plan.
GENERAL PLAN IMPLEMENTATION ACTIONS IN 2025
State law allows amendment of the General Plan up to four times per year. During 2025, there were no General Plan amendments considered by the Planning Commission and City Council.
Progress was made in advancing key implementation actions during 2025. Below is a summary of implementation actions completed or underway by General Plan element.
LAND USE/COMMUNITY DESIGN
The Land Use Element sets forth the density and intensity of land uses and addresses development and redevelopment of land within the Urban Growth Boundary. It includes the Land Use Plan (map) and goals, policies, and implementation measures. The Community Design Element addresses the visual quality and character of Healdsburg’s built environment. The following summarizes new development in the City.
North Village
In February 2020, the Planning Commission approved a Master Conditional Use Permit for the North Village Project, a 32-acre mixed-use development in north Healdsburg. The project includes a senior community (Enso Village) with 221 independent living units (30 affordable) and 54 assisted living/memory care units; 75 multifamily apartments and five live-work units (53 affordable and 27 middle-income); 12,000 square feet of retail/commercial; and a 108-key hotel with restaurant, bar, and event space.
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2 City of Healdsburg General Plan Annual Report Calendar Year 2025 In 2020, the City Council approved the Development Agreement, which includes benefits to the City such as affordable housing units, construction of a fire department substation, and connectivity improvements including a shuttle from the site to downtown. In May 2021, the Planning Commission approved Conditional Use Permits and Design Review applications for the mixed-use and hotel components of the project. Building permits for the senior community component (Enso Village) were issued in 2021, and construction was completed in 2024. The hotel building permit was issued in 2023, and construction was completed in 2025. In 2024, building permits were issued for 53 affordable residential units and 12,000 square feet of retail/commercial space and construction was nearing completion in 2025.
The North Village project helps implement Housing Element Goal H-A which calls for the City to “maximize opportunities for the development of a variety of housing types to accommodate anticipated growth, facilitate mobility within both the ownership and rental markets, and encourage a diverse community.”
Mill District
In 2019, the City Council and the Planning Commission approved the Mill District mixed-use project to redevelop the 9.59-acre site located at 146 and 164 Healdsburg Avenue with 146 market-rate residential units, 30 middle-income residential units, 16 low-income residential units, 24 very low-income residential units, 15,000 square feet of commercial space, 53 hotel rooms, and a 0.78-acre park. The building permits for the affordable housing component of the project were issued in 2021, and construction was completed in 2024, and the units occupied. The park was completed in 2025. Entitlements for the amenity and retail building were approved by the Planning Commission in 2024, and construction was well underway in 2025.
The Mill District project helps implement Housing Element Goal H-A, which calls for the City to “maximize opportunities for the development of a variety of housing types to accommodate anticipated growth, facilitate mobility within both the ownership and rental markets, and encourage a diverse community.”
Saggio Hills
In 2025, the City advanced multiple projects associated with the overall Saggio Hills development including the affordable housing component of the Saggio Hills project. The Saggio Hills affordable housing project advances General Plan Program H-14 which calls for the City to “develop the Saggio Hills affordable housing site with a range of housing types and target income groups.” Building permits for Saggio Hills affordable housing were issued in early 2025, as well as building permits for multiple estate homes.
The development has continued to pull permits throughout 2025, to continue the construction of the previously approved housing units. The villa component of the project consists of 25 single family homes and all permits were issued and construction was completed in 2024. The amenities building was issued a building permit in 2024, and construction was completed in 2025. 3 Healdsburg Avenue
In 2022, the Planning Commission approved a Major Design Review allowing for the construction of a 30-unit apartment project with a density bonus. The project includes the demolition of five existing dwelling units and the construction of five new two-story buildings. The City continued to advance the Item 6.h
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3 City of Healdsburg General Plan Annual Report Calendar Year 2025 project in 2024 by issuing demolition, grading, and building permits and construction is well underway.
Each building will contain six apartments ranging in size from 490 square feet to 1,029 square feet. The project includes six bonus units as allowed by the State Density Bonus Law. The 3 Healdsburg project helps implement General Plan Policy H-A-4, which calls for the City to “Provide for a wide range of housing opportunities for all economic segments of the community, while maintaining a mix of housing types in Healdsburg.” The project will consist of affordable, middle-income, and market rate units. Permits were issued in early 2025, and construction is anticipated to be completed in 2026. 155 Dry Creek Road
On September 27, 2022, the Planning Commission approved a Major Design Review and adopted a Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program allowing the construction of a 58-unit, four-story affordable housing project consisting of (28) 1-bedroom, (14) twobedroom, and (15) three-bedroom units for extremely-low, very-low, and low-income families in partnership with Burbank Housing. The development helps implement General Plan Policy H-C-2, which calls for the City to “work with non-profit organizations to benefit from their expertise and the resources available to them for the development of affordable housing and its ongoing support.” In 2025, a building permit was issued and construction began late 2025. The project construction is anticipated to be completed in late 2026 or early 2027.
Land Use Code Amendments to address new state laws
In 2025, numerous land use code amendments were brought forward to address recent state laws related to Accessory Dwelling Units, Density Bonus, Senate Bill 9, Senate Bill 684, and Senate Bill 1123.
Initiatives related to ADU’s expand opportunities for constructing ADU’s on properties zoned for multifamily dwellings and make other minor edits. Initiatives related to Density Bonus Law enhances the development of affordable and moderate-income housing. Ordinance amendments were adopted incorporating ADU and Density Bonus Law into the Land Use Code in 2025.
Senate Bill 9 increases residential density in areas previously zoned for exclusive single-family zoning.
Senate Bill 9 allows for increased densities through allowing up to four homes on a lot that was previously zoned for single family residential and further allows for an expedited lot split process if certain criteria are met. Senate Bill 684 and Senate Bill 1123 are both designed to streamline approval processes for small-scale residential developments if certain criteria are met. Ordinances related to SB9, SB684, and SB 1123 were drafted and went to Planning Commission in 2025, with anticipated City Council adoption in early 2026.
HOUSING
The City Council forwarded General Plan housing goals with actions taken in 2025. More detail on housing accomplishments is included in the separate, Annual Progress Report, specific to the Housing Element, but a few notable items are highlighted here:
• The City continued to assist in the funding of the Dry Creek Commons and the Saggio Hills affordable housing projects.
• The City continued to partner with Reach for Home for the L&M Village and extended an agreement through FY 25/26.
• The Housing Department continued to advance finance actions for affordable housing and loan support and approved long-term affordability agreements.
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4 City of Healdsburg General Plan Annual Report Calendar Year 2025
ECONOMIC DEVELOPMENT
The Economic Development Element promotes economic opportunities and stability in Healdsburg.
Policies seek to provide opportunities, including ensuring a diversified employment base and meeting commercial needs of residents and visitors. The following summarizes economic development projects and actions for 2025.
Parklet Program
On February 7, 2022, the City Council authorized an ongoing parklet program establishing fees and encroachment permits for businesses operating within the Public Right of Way. The project helps the City to achieve General Plan Goal ED-B to “maintain a thriving downtown, with the Plaza as the City’s commercial center.” In 2025, the City continued to partner with local businesses to implement and maintain the ongoing parklet program.
Retail Cannabis
On April 17, 2023, the City Council established a procedure, guidelines, and review criteria to govern the application and selection process for Cannabis storefront retail permits. In May of 2023, the City Council established the Cannabis Business Tax and on November 13, 2023, the City Council selected two retail cannabis businesses to operate within the City of Healdsburg. In 2024, building permits were issued to two retail cannabis businesses. Solful opened in 2024, and Jane dispensary opened in 2025. The establishment of a commercial cannabis program furthers General Plan Policies ED-A-3 to “Provide for the continuation and expansion of Healdsburg’s commercial services to meet the needs of both Healdsburg area residents and visitors.”
Formula Retail
In 2025, the City adopted an ordinance amendment to Title 20 of the Healdsburg Municipal Code to implement 2030 General Plan policies regulating formula businesses and prohibiting big box retail and outlet malls. The General Plan includes Policy LU-D-5 and Policy ED-B-3, which prohibit formula businesses on properties around the historic Plaza to support local, independently owned businesses, and Policy LU-E-1, which prohibits big box retail and outlet malls citywide. Implementation Measures LU16 and ED-12 direct the City to amend the Land Use Code to regulate formula businesses around the Plaza, prohibit big box retail and outlet malls throughout the City, and ensure development outside downtown complements, but does not compete with, the Plaza’s role as the community’s commercial core.
In 2024, staff prepared updated ordinance amendments to clarify definitions and codify the General Plan’s policy framework. The amendments revise district purpose statements, update use tables, and add definitions and standards related to formula retail, big box retail, and outlet malls; prohibit formula retail in the Plaza Retail District and south of North Street within the Downtown Commercial District; permit formula retail in the Service Commercial and Mixed-Use districts; and prohibit big box retail and outlet malls citywide. In 2025, the City Council adopted an ordinance formalizing and implementing the above General Plan Policies.
TRANSPORTATION
The Transportation Element contains goals and policies related to the transportation system in Healdsburg, including streets, public transit, bicycle, pedestrian connections, and rail service. They address each of the transportation modes with the objective of creating a safe, efficient, and convenient transportation system.
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5 City of Healdsburg General Plan Annual Report Calendar Year 2025 The projects below also help implement the City Council goal to diversify transportation options. The following summarizes mobility projects forwarded in 2025.
March Avenue Reconstruction and Pedestrian Upgrades
In 2025, the City Council adopted a resolution approving a Professional Services Agreement (PSA) to provide engineering design services for the March Avenue Reconstruction and Pedestrian Upgrades Project. The project is a major Public Works initiative to improve a key east-west corridor in Healdsburg.
The project will reconstruct the roadway pavement and significantly enhance walking, rolling, and bicycling conditions along March Avenue between Healdsburg Avenue and University Street.
Active Transportation Plan
In January 2025, the City of Healdsburg adopted its first Active Transportation Plan (ATP), a citywide strategic framework to improve and expand opportunities for walking, bicycling, and other humanpowered modes of travel for residents and visitors. The ATP is designed to support safer, more comfortable, and more connected non-motorized transportation throughout the community, with a focus on accessibility for people of all ages and abilities.
PUBLIC SERVICES
The Public Services Element focuses on providing facilities and services that are important to residents’ safety and quality of life. These facilities and services include drainage facilities, sewer and water lines, wastewater treatment plants, electrical utility infrastructure, passive and active recreation, police, fire, education, and health care. The following summarizes the public services projects approved in 2025. 3 North Street – Foley Family Pavilion
The City owns 3 North Street, across from City Hall and, in 2017, approved a schematic design for a Community Pavilion and Farmer’s Market at this location, directing staff to commence design work and to seek funding. In January 2020, the City received a funding pledge of $7 million for the plan from the Foley Family Foundation.
On April 19, 2021, City Council approved a memorandum of understanding with the Foley Family Foundation for funding the final design phase of the Community Pavilion Project and City Council agreed the Foundation will have the right to name the Community Pavilion Project. Once the design and the other project approvals had been approved by Planning Commission and City Council, the City and the Foundation commenced discussion and negotiation regarding the construction agreements for the project.
City Council also approved a PSA with TLCD Architects to provide the final design for the project.
The project was approved by the Planning Commission in 2023, building permits were issued in March 2024, and construction was completed in late 2025.
This action continues to allow the City implement Land Use Element policy LU-D-2 which directs the City to “seek to provide a diversity of uses within the downtown that serve both residents and visitors and shall avoid an over-concentration of a single type of use” as well as Public Services Element Goal PS-H which calls for “a park and recreation system that is suited to the needs and interests of Healdsburg residents and visitors.”
Infrastructure Improvements
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6 City of Healdsburg General Plan Annual Report Calendar Year 2025 The City Council accepted and authorized numerous infrastructure improvements during 2025, consistent with General Plan policies directing adequate levels of service for the City’s water, wastewater, and storm drain systems.
Some improvements completed in 2025 include:
• Sidewalk Repair and Gap Closure Project (Reso. 26-2025) • Powell and Johnson Street pedestrian enhancements (Reso. 28-2025) • Ward Street Neighborhood Revitalization project (Reso. 80-2025) • Advanced a significant airport reinvestment program (Reso. 62-2025, Reso. 63-2025)
NATURAL RESOURCES
The Natural Resources Element seeks to protect and improve Healdsburg’s water, agricultural, mineral, air, plant, wildlife, and scenic resources.
The City Council took several actions in 2025, consistent with Natural Resources Goal NR-E, “Reduce greenhouse gas emissions and increase energy efficiency communitywide” and Natural Resources Implementation Measure NR-16, “Implement greenhouse gas emissions reduction measures adopted by the City Council.”
Climate Mobilization Strategy
In 2023, the City adopted a Climate Mobilization Strategy to pursue greenhouse gas emission reductions for the City in support of RCPA’s goal for carbon neutrality by 2030. The plan details actions and measures the City can take in the future to reduce greenhouse gas emissions through building energy, transportation, waste, water and wastewater, carbon sequestration, and administration. In 2025, the City continued to implement the Climate Mobilization Strategy to reduce greenhouse gas emissions.
Energy Efficiency and Zero Emission Building Programs
Healdsburg’s Electric Department continues to operate numerous energy efficiency and rebate programs for residential and commercial customers.
SAFETY
The Safety Element seeks to prevent the loss of lives, injuries, and property damage due to geological hazards, flooding, fire, crime, hazardous materials, and noise.
Fire Substation Project
On August 24, 2021, The Planning Commission re-approved a previously expired Major Design Review Application for the construction of a Fire Substation located at 1804 Healdsburg Avenue near the northern City boundary. The Fire Substation project is being developed in accordance with the Saggio Hills and North Village Development Agreements and helps to implement fire safety objectives of the Saggio Hills Area Plan. The project completed construction in early 2025.
Verizon Wireless
On February 27, 2024, the Planning Commission approved a new cellular tower at 451 Moore Lane.
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7 City of Healdsburg General Plan Annual Report Calendar Year 2025 situations that pose a threat to people or property. Building permits were issued in 2024, and construction was completed in 2025.
HISTORIC AND CULTURAL RESOURCES
The Historic and Cultural Resources Element seeks to preserve significant historic and Native American cultural resources. Such resources include buildings and neighborhoods of historic architectural significance, places of special historic or archaeological value, and other features that have special value to the community. Staff implements policies in this element throughout the year in its review of development proposals.
In 2025, the City advanced several actions that support the preservation of community heritage and cultural resources. Through continued progress on the Foley Family Community Pavilion and the 155 Dry Creek Road projects, the City incorporated environmental compliance and archaeological monitoring into project implementation to help protect potential cultural resources. The City also adopted measures that reinforce community identity, including naming the Valley Oak as the official tree of the City of Healdsburg, reflecting the community’s connection to the local landscape and natural heritage.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: Growth Management Ordinance Annual Report
PREPARED BY: Ellen McDowell, Senior Planner
STRATEGIC INITIATIVE(S):
Establish Proactive Policies/Programs to Continue to Promote Economic Diversity & Sustainable Growth.
RECOMMENDED ACTION(S):
By motion, accept the 2025 Growth Management Annual Report.
COMMUNITY ENGAGEMENT/OUTREACH:
No community outreach has occurred for the preparation of the Growth Management Annual Report given that it is an informational report.
BACKGROUND:
Measure M, a residential growth management initiative, was approved by Healdsburg voters on November 7, 2000. This measure limited residential building permits to an average of 30 units per year and no more than 90 over a 3-year period, with affordable units and accessory dwelling units exempt. Measure P, approved by voters on November 6, 2018, amended the City’s Growth Management Ordinance to allow an average of 50 additional multifamily rental units per year, not to exceed 150 units in a 3-year period, restricted to households earning no more than 160% of the Sonoma County Area Median Income, adjusted for household size for the unit. Measure H, approved by voters on March 3, 2020, amended Measure P’s additional unit allowance to permit these units to be for sale as well as for rent.
The Policies and Procedures for the Healdsburg Residential Growth Management Program were revised twice in 2019, first in January to recognize and implement passage of Measure P and secondly in May to incorporate recommendations made in 2018 by the Community Housing Committee, which had considered Growth Management policies at the direction of the City Council. The second revision of the Policies and Procedures in May 2019 also initiated a slightly new way of administering Healdsburg’s Growth Management program along with slightly increased flexibility. Several large projects had been approved, making growth management allocations difficult to secure for projects seeking the 30 units allowed under Measure M, and the Item 6.i
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City Council was interested in adding flexibility within the parameters of the Growth Management Ordinance. The Policies and Procedures were further updated in May 2020 to reflect the changes made by Measure H allowing for Category C projects to include multifamily for sale units in addition to multifamily rental units. Category C projects are defined as those with 50 or fewer multifamily rental or for sale units restricted to households earning no more than 160% of the Sonoma County Area Median Income, adjusted for household size for the unit.
The Policies and Procedures allow all 90 Category A (projects of four or fewer units) and B (projects of five or more units) allocations to be available in year one of a three-year period, rather than 30 units at the beginning of each year within the three-year period, which enables projects to receive allocations while fulfilling the Measure M provision of no more than an average of 30 units per year. The Policies and Procedures also allow all 150 Category C allocations to be available in year one of a three-year period rather than 50 units at the beginning of each year within the three-year period. Changes to the definitions of Category A and B to allow more crossallocation also increases flexibility.
DISCUSSION/ANALYSIS:
The Policies and Procedures, Section 6. Administration requires the Community Development Director to prepare an annual report and sets forth the specific content of the report. Responses are shown in italics below each item.
(1) The number of dwelling allocations issued during the three-year period and in future periods.
The year 2025 was year one of a 3-year period under the Growth Management Program (Cycle 9). At the end of 2025, there were five (5) allocations (five (5) Category A and zero (0) Category B and zero (0) Category C) issued in year one of the 3-year period. In 2025, five (5) Category A allocations were issued to construct five (5) new single-family dwellings, and no Category B or Category C allocations were issued during the cycle.
Forty-five (45) Category B allocations are effective and reserved for the Mill District project and expire on December 31, 2027, leaving just fifteen (15) available through the end of Cycle 9.
In accordance with the Development Agreement between the City of Healdsburg and Replay Healdsburg LLC, unused GMO allocations that would expire or be forfeited at the end of a calendar year shall, if requested, be issued to the Mill District project. On December 31, 2024, the end of Cycle 8, ten (10) Saggio Hill allocations were set to expire or be forfeited along with nineteen (19) unused Category A allocations. On December 16, 2024, Replay Healdsburg LLC requested that any expiring allocations from Cycle 8 be reassigned to the Mill District project. The ten (10) expiring allocations from Saggio Hills and the nineteen (19) expiring Category A allocations were reassigned to the Mill District and will expire on December 31, 2027, if unused.
The 2023 Saggio Hills reassignment of fourteen (14) expiring GMO allocations to the Mill District expired on 12/31/2025, and were unused.
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(2) The number of building permits issued for dwelling units during the prior year, including the Category of dwelling allocation and whether the permitted unit was exempt from the Growth Management Ordinance.
The City of Healdsburg issued permits for 121 new residential dwelling units in 2025. Of these, 116 were exempt from the Growth Management Ordinance. The exempt units include nine (9) accessory dwelling units, 106 affordable units, and one (1) replacement unit.
The five (5) units subject to the GMO were five (5) Category A units. No Category B or Category C allocations were issued in 2025.
(3) The status of any waiting list.
A waiting list was not established for Cycle 9 during 2025. (4) A description of any significant problems that arose during the prior year in administering the Growth Management Program.
No significant problems arose in administering the Growth Management Program during 2025. However, scarcity of Category B allocations will remain an issue with only fifteen (15) Category B allocations available for new projects (5 or more units in size) through the end of the current 3-year cycle ending on December 31, 2027 (Cycle 9). (5) Recommendations with regard to changes or revisions to these Policies and Procedures to improve their effectiveness and/or administration.
Revised Growth Management Ordinance Policies and Procedures were last adopted by the City Council in May 2020; no revisions are recommended at this time.
ENVIRONMENTAL STEWARDSHIP:
The Healdsburg Growth Management Ordinance limits the number of residential units annually, which helps the City plan for, accommodate, and monitor growth, which in turn may have environmental benefits such as reduced greenhouse gas emissions.
ALTERNATIVES:
No alternative has been identified since the report is required in accordance with the Policies and Procedures for the Healdsburg Residential Growth Management Program, Section 6.
Administration.
FISCAL IMPACT:
The administration of the Growth Management Program is supported by the processing fee assessed for growth management allocations. According to the current fee schedule, the base fee is $767.68 per growth management allocation. There is no fiscal impact related to the proposed action.
ENVIRONMENTAL ANALYSIS:
The annual report is not a “project” that is subject to environmental review because the report represents a compilation of information and could not possibly impact the environment (California Environmental Quality Act, CEQA Guidelines Section 15061(B)(3)). Therefore, no further environmental review of the annual report is required.
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: Landscaping and Lighting Assessment District
PREPARED BY: Jaime Licea, Parks and Open Space Superintendent STRATEGIC INITIATIVE(S):
Maintain and Improve Infrastructure and Facilities
RECOMMENDED ACTION(S):
Adopt a Resolution appointing Coastland Civil Engineering as Engineer of Work, to direct the preparation of the Annual Engineer’s Report, and to describe the potential changes to the City of Healdsburg’s Fiscal Year 2026-27 Landscaping and Lighting Assessment District in accordance with the provisions of the Landscaping and Lighting Act of 1972.
COMMUNITY ENGAGEMENT/OUTREACH:
As part of an ongoing effort to collaborate with residents, staff has been meeting with members of the Landscaping and Lighting Assessment District since 2020 to discuss concerns and identify opportunities related to the operation of the District. This working group convenes annually and helps identify the work to be completed in the Zones each year.
BACKGROUND:
The City of Healdsburg utilizes a Landscaping and Lighting Assessment District, formed during 1996 in accordance with the provisions of the Landscaping and Lighting Act of 1972, to fund the operation and maintenance of landscaping within specific public rights-of-way along City streets and the maintenance of riparian and park areas in the City. The Assessment District consists of seven separate zones (areas) within the City. The funding sources for the Assessment District are the parcels within the seven zone boundaries. These parcels are assessed through an annual process that begins with tonight’s City Council action and ends at a public hearing. This is the first of three City Council meetings regarding the Assessment District.
DISCUSSION/ANALYSIS:
In order to levy annual assessments in any fiscal year, the City Council is required by the California Streets and Highways Code to adopt a resolution appointing the Engineer of Work, directing the preparation of the Annual Engineer’s Report, and describing the potential changes to the assessment district for the upcoming fiscal year. The City Council has appointed the firm Item 6.j
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Coastland Civil Engineering as the Engineer of Work in prior years. The firm has shown it has the experience and expertise necessary to perform the work required. Staff recommends its appointment as the Engineer of Work. The effect of adopting tonight’s resolution is to appoint Coastland Civil Engineering as the Engineer of Work and to instruct the Engineer of Work to analyze the assessments that would occur during FY 2026-27 if the City Council subsequently approves the Engineer’s Report at a future meeting. The City Council can make changes to the Engineer’s Report up to and including the public hearing.
The procedure for the FY 2026-27 levy of annual assessments for the City’s Assessment District is as follows:
Tonight, the City Council considers the adoption of the attached resolution appointing the Engineer of Work and directing the preparation of the Engineer’s Report. At the second City Council meeting, the City Council considers the adoption of a resolution preliminarily approving the Annual Engineer’s Report and a notice of intention to levy and collect assessments for FY 2026-27 (this resolution also sets the time and date of an informal public information meeting, if required, and the public hearing). The City Council can preliminarily approve the Engineer’s Report as submitted or modify it and preliminarily approve it as modified.
If required, mailed notices and ballots are sent to all property owners specifically affected by proposed changes in the Assessment District. Staff then holds an informal public information meeting to discuss proposed changes. This is not a City Council meeting. At the third City Council meeting, the City Council holds a public hearing and upon conclusion may adopt a resolution confirming the assessments (either as preliminarily approved at the second City Council meeting, or as modified by the City Council at the conclusion of the public hearing). The adoption of the resolution shall constitute authorization to levy assessments for FY 2026-27.
This procedure, as described, is required by the Landscaping & Lighting Act of 1972 of the California Streets and Highways Code.
ENVIRONMENTAL STEWARDSHIP:
The City has transitioned to drought-tolerant, and low-water use landscaping throughout the District. Future work will continue to focus on drought tolerant approaches.
ALTERNATIVES:
By virtue of the Streets and Highways Code (Code), the City is mandated to adhere to the recommendation in the Code to file an annual Engineer’s Report. By not filing the report, the City would not be in conformance with the rules and regulations of the Code and assessments could be subject to challenge. Accordingly, staff does not recommend options with respect to filing the Annual Engineer’s Report.
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With respect to options regarding hiring Coastland Civil Engineering, the alternative would be to perform these services in-house. It should be noted that assessment engineering services have never been provided by staff.
FISCAL IMPACT:
The Landscaping and Lighting Special Assessment District collects funds to support the operation and maintenance of certain areas within the City. The properties within the District pay the cost of the special benefits received. The City’s Community Services fund covers the cost of the general benefit to the City at large.
ENVIRONMENTAL ANALYSIS:
Activities associated with the Landscaping and Lighting Assessment District include maintenance of existing landscaping, native growth and related facilities. Per Section 15301(h) of Article 19 in Chapter 3 of Title 14 of the California Code of Regulations, these activities are considered Categorically Exempt.
ATTACHMENT(S):
Resolution
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CITY OF HEALDSBURG
RESOLUTION NO. ____-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG APPOINTING COASTLAND CIVIL
ENGINEERING AS THE ENGINEER OF WORK FOR THE
CITY OF HEALDSBURG’S LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT AND DIRECTING THE
PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL
YEAR 2026-27 (PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972)
WHEREAS, the City Council ordered the formation of an assessment district on November 6, 1996, to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972, and WHEREAS, pursuant to Section 22620 of the Streets and Highways Code, the City Council must annually appoint the Engineer of Work and direct the preparation of the Annual Engineer’s Report in order to levy and collect assessments for any following fiscal year; and WHEREAS, there may be potential changes in the FY 2026-27 Assessment District as a result of parcels which have been subdivided or annexed into the Assessment District since last year’s levying of assessments; and
WHEREAS, Coastland Civil Engineering has prepared the Annual Engineer’s Report for the City’s Landscaping and Lighting Assessment District in prior years; and WHEREAS, Coastland Civil Engineering has shown expertise and experience in the proceedings of the Landscaping and Lighting Act of 1972; and WHEREAS, activities associated with the Landscaping and Lighting Assessment District are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: Section 15301(h) of Article 19 in Chapter 3 of Title 14 of the California Code of Regulations for maintenance of existing landscaping, native growth and related facilities.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Healdsburg hereby appoints Coastland Civil Engineering as the Engineer of Work for the City of Healdsburg's Fiscal Year 2026-27 Landscaping and Lighting Assessment District and hereby directs the preparation and filing of the Annual Engineer’s Report, including any changes, pursuant to Section 22620 of the California Streets and Highway Code.
BE IT FURTHER RESOLVED that activities associated with the Landscaping and Lighting Assessment District are categorically exempt from CEQA in accordance with the CEQA guidelines as cited in this resolution.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Healdsburg at its regular meeting held on the 2nd day of March 2026, by the following vote:
SO ORDERED: ATTEST:
__________________________________ __________________________________ J. Chris Herrod, Mayor Raina Allan, City Clerk
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CITY OF HEALDSBURG
CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING MINUTES
February 17, 2026
CITY HALL COUNCIL CHAMBER
401 Grove Street, Healdsburg
.
CALL TO ORDER/ROLL CALL
Mayor/Chairperson Herrod called to order the concurrent meeting of the City Council and Redevelopment Successor Agency of the City of Healdsburg at 6:00 p.m. with the following Council Members present:
Present: Council Members/: Edwards, Hagele, Kelley, Mitchell and Mayor Herrod Board Members
Absent: Council Members/: None
Board Members
APPROVAL OF AGENDA
On a motion by Councilmember Hagele, seconded by Vice Mayor Edwards, approved the February 17, 2026, City Council and Redevelopment Successor Agency meeting agenda as submitted. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
REPORT ON CLOSED SESSION
None.
ANNOUNCEMENTS/PRESENTATIONS – BLACK HISTORY MONTH
PROCLAMATION
Mayor Herrod with Council concurrence issued a Proclamation declaring February 2026 as Black History Month is the City of Healdsburg.
Vice Mayor Edwards commented on the passing of Jesse Jackson.
Kimberly Donovan and Economic Development Chair, Malia Anderson thanked the Council for the proclamation and recognizing the work the NAACP does in Healdsburg.
Mayor Herrod opened this item up for public comment.
Peter Alexander read aloud a statement on the statutory of limitations on murder.
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CITY MANAGER REPORTS
City Manager Kay provided noted the Palm Trees in the Plaza would be pruned over the next few days and sections of the Plaza would be closed during the tree pruning. Manager Kay announced the activation of the Foley Family Community Pavilion would begin in late March, announced the Housing Resource Fair on March 22, 2026 and the upcoming SMART Community meeting on the train extension to Healdsburg.
PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON
AGENDA ITEMS
Peter Alexander read aloud a poem he wrote about American Spirit History Month.
Dan Pizza commented on the water rates, rate increases, remote public comments, the proposed microtransit program and emailed public comments received by Council.
CONSENT CALENDAR
On a motion by Councilmember Hagele, seconded by Vice Mayor Edwards, approved the Consent Calendar as follows:
A. PATRICK CLARK CONSULTING SERVICES
Adopted Resolution No. 12-2026, titled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HEALDSBURG AMENDING THE EXISTING NEGOTIATION
SERVICES AGREEMENT WITH PATRICK CLARK CONSULTING TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $50,000 TO $200,000; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AMENDMENT.” (Ayes 5, Noes 0, Absent – None)
B. GENERAL FUND SURPLUS AND PENSION LIABILITY FUNDING POLICY REVIEW
Adopted Resolution No. 13-2026, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG REPEALING RESOLUTION NO. 125-2022 AND APPROVING AN UPDATED GENERAL FUND SURPLUS POLICY.” (Ayes 5, Noes 0, Absent – None)
C. MUNICIPAL AIRPORT HANGAR RE-ROOF AND REPLACEMENT PROJECT OF
EXISITNG LIST TRANSMITTING PANELS PROJECT BID AWARD TO DIABLO ROOFING INC.
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Adopted Resolution No. 14-2026, titled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HEALDSBURG CONDITIONALLY AWARDING THE MUNICIPAL
AIRPORT HANGAR RE-ROOF AND REPLACEMENT OF EXISTING LIGHT TRANSMITTING PANELS PROJECT TO DIABLO ROOFING, INC. IN THE AMOUNT OF $62,450, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND APPROVE CONTRACT CHANGE ORDERS UP TO 20% OF THE ORIGINAL CONTRACT AMOUNT, AND AMENDING THE FISCAL YEAR 2025-2026 ADOPTED BUDGET.” (Ayes 5, Noes 0, Absent – None)
D. VILLA CHANTICLEER EVENTS MANAGEMENT AGREEMENT AMENDMENT Adopted Resolution No. 15-2026, titled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HEALDSBURG APPROVING AN AMENDMENT TO THE
MANAGEMENT AGREEMENT WITH MILESTONE EVENTS GROUP FOR THE
PAYMENT OF WATER AND SEWER CHARGES AT THE VILLA CHANTICLEER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT.” (Ayes 5, Noes 0, Absent – None)
E. APPROVAL OF MINUTES
Approved the February 2, 2026 Regular Meeting Minutes. (Ayes 5, Noes 0, Absent – None) The motion to approve the Consent Calendar as above carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
PUBLIC HEARINGS – LAND USE CODE AMENDMENTS TO ADDRESS RECENT STATE LAWS RELATED TO SB 9 AND SB 684/1123
Senior Planner McDowell stated the action this evening was to adopt two ordinances to address recent state law changes. Planner McDowell provided background information on the proposed amendments and the Planning Commission’s recommendation. Additionally, Planner McDowell reviewed SB9, provided information on the setback requirements, parking requirements, owneroccupancy requirement, exemptions and protections included in SB9 and the use of objective design standards.
Planner McDowell further reviewed SB684/1123, provided information on the unit size, setbacks, eligible projects, objective design standards, parking requirements, environmental standards and lot and parcel size regulations. Planner McDowell noted including a Growth Management Ordinance exemption in both ordinances, provided information on AB1033, SB10 and the timeline for adoption of the ordinance.
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In response to Council’s inquiries, Planner McDowell provided information on objective design standards, fractional ownership, the minimum parking requirements, how a project could be denied, the staff time required to bring back SB10 for consideration and HCD’s comments on the GMO.
Mayor Herrod opened up the public hearing.
Public Comment
Dan Pizza inquired why the proposed Land Use Code amendments were being brought forward for consideration now and shared his dissent for an GMO exemption.
Sonia Byck-Barwick commented on SB10 and encouraged the City Council to have staff bring forward an ordinance implementing SB10.
Council Comments
Councilmember Mitchell was supportive of moving forward with SB9 and SB684/1123.
Vice Mayor Edwards was supportive of moving forward with SB9 and SB684/1123.
Councilmember Kelley was supportive of moving forward with SB9 and SB684/1123 and was interested in directing staff to explore the next round of housing policies to bring forward to Council.
Mayor Herrod was supportive of moving forward with SB9 and SB684/1123.
On a motion by Councilmember Hagele, seconded by Vice Mayor Edwards, introduced for first reading, by title only, waiving further reading of the text “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG ADDING SECTION 20.20.125 TO THE HEALDSBURG MUNICIPAL CODE TO IMPLEMENT SENATE BILL 9 AND SENATE BILL 450 (CEQA EXEMPT).” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
On a motion by Vice Mayor Edwards, seconded by Councilmember Hagele, introduced for first reading, by title only, waiving further reading of the text “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF HEALDSBURG AMENDING HEALDSBURG MUNICIPAL CODE SECTION 20.20.040 IN ITS ENTIRETY (SMALL LOT SUBDIVISIONS) TO IMPLEMENT SENATE BILLS 684 1123, AND MAKING OTHER CONFORMING CHANGES (CEQA EXEMPT).” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
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OLD BUSINESS – L&M VILLAGE QUARTERLY UPDATE
Housing Director Sotomayor introduced Margaret Sluyk, Executive Director of Reach For Home who would be giving the presentation.
Director Sotomayor provided information on the current funding status for the L&M Village.
Ms. Sluyk provided an overview of what the L&M Village is, reviewed the quarter two highlights of the L&M Village, the preliminary 2026 Point-in-time Count results, the program outcomes during quarter two, occupancy by race/ethnicity and supportive services offered at the L&M.
Ms. Sluyk further reviewed the challenges and opportunities the L&M Village face.
Public Comment
Dan Pizza inquired if the Pro Housing Designation award requirements have been met through 2030 and why individuals are allowed to continue to camp along the Syar property.
Council Comments
Councilmember Hagele inquired what success of the L&M looks like going into the future.
Councilmember Mitchell thanked Reach For Home for all the work they have done in the community, inquired about the future of funding for the L&M Village and where the current funding provided comes from.
Councilmember Kelley expressed appreciation for all the work being done by Reach For Home and the Housing Department
Vice Mayor Edwards inquired about the subsidy that covers those who utilize the L&M Village as a service and how individuals are moved off the Syar property.
Mayor Herrod commented on the L&M’s contribution to the community and the positive results from having the L&M in the community.
OLD BUSINESS – FISCAL YEAR 2025-26 MID-YEAR FINANCIAL UPDATE Finance Director Edgar stated the action this evening was to receive the FY2025-26 mid-year update and adopt a resolution amending the budget. Director Edgar provided information on the General Fund revenues and expenses, noting 47% of the adopted General Fund budget has been Item 6.k
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expended. Director Edgar further reviewed the Community Services Fund revenues and expenditures, the Measure T fund balance and the Water and Wastewater fund balances.
Director Edgar reported that the Electric Fund balance is trending ahead of the proposed budget, noting the only amendment this quarter is a one-time small increase for a capital project.
Public Comment
Dan Pizza inquired if a fund surplus exists in water revenues to cover the cost of infrastructure upgrades and if the surplus could be returned to residents for lower rates.
In response to Council’s inquiries, Director Edgar provided information on the mid-year update of the Community Services budget, Transient Occupancy Tax (TOT) performance and the adjustment to the Arts and Culture budget line item.
On a motion by Councilmember Kelley, seconded by Councilmember Hagele, adopted Resolution No. 16-2026, titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING THE FISCAL YEAR 2025-26 BUDGET.” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None) OLD BUSINESS – MARCH AVENUE RECONSTRUCTION AND PEDESTRIAN
UPGRADES PROJECT BID AWARD
Principal Engineer Thistle stated the action is to adopt a resolution conditionally awarding the March Avenue project and provided background information on the need for upgrades along March Avenue. Engineer Thistle reviewed the proposed updates to March Avenue included in the proposed project, noted the budget for the project and who would be conducting the work.
There were no public comments on this item.
In response to Vice Mayor Edwards’ inquiry, Engineer Thistle provided information on the construction timeline.
Following a brief discussion, on a motion by Councilmember Hagele, seconded by Councilmember Kelley adopted Resolution No. 17-2026 titled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HEALDSBURG CONDITIONALLY AWARDING THE
MARCH AVENUE RECONSTRUCTION AND PEDESTRIAN UPGRADES PROJECT BID AWARD TO ARGONAUT CONSTRUCTORS, INC. IN THE AMOUNT OF $2,427,215.15,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND APPROVE CONTRACT CHANGE ORDERS UP TO 15% OF THE ORIGINAL CONTRACT AMOUNT, AND APPROVING A
COOPERATIVE FUNDING AGREEMENT WITH SONOMA COUNTY
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TRANSPORTATION AND CLIMATE AUTHORITY IN THE AMOUNT OF $700,000,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND AMENDS THE FISCAL YEAR 2025-2026 ADOPTED BUDGET.” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
OLD BUSINESS – APPOINTMENT OF APPLICANTS TO THE PARKS AND
RECREATION COMMISSION AND THE SENIOR CITIZEN ADVISORY
COMMISSION
City Clerk Allan introduced the item for discussion.
There were no public comments on this item.
Following a brief discussion by Council, on a motion by Councilmember Hagele, seconded by Vice Mayor Edwards, appointed Ron Dobley and Valerie Cronin to the Parks and Recreation Commission for a term of three years due to expire January 1, 2029 and appointed Rita Cordova and Donna Riley to the Senior Citizen Advisory Commission for a term of three years due to expire January 1, 2029. The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
NEW BUSINESS
None.
COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS
REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Councilmember Hagele reported he attended the Mayors and Councilmembers Dinner in Cotati.
Councilmember Mitchell reported she attended the Mayors and Councilmembers Dinner in Cotati.
Vice Mayor Edwards reported he attended the Mayors and Councilmembers Dinner in Cotati, the Sonoma Bicycle Coalition meeting, event regarding the Magical Bridge Playground and the Russian River Watershed staff meeting.
Mayor Herrod reported he attended the Mayors and Councilmembers Dinner in Cotati, the Russian River Watershed meeting and participated in the Healdsburg School’s tour of City Hall and mock City Council meeting.
Councilmember Kelley reported she conducted interviews for the SMART Citizens Oversight Commission, the Sonoma County Bicycle Coalition happy hour, the Magical Bridge event, the Item 6.k
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City Council/RSA Regular Meeting Minutes
February 17, 2026
American Legion crab feed, the SCTCA Board of Directors meeting and the Healdsburg School’s tour of City Hall and mock City Council Meeting.
ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 8:44 p.m.
APPROVED: ATTEST:
_________________________________ __________________________________ J. Chris Herrod, Mayor Raina Allan, City Clerk
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CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: March 2, 2026
SUBJECT: Presentation: Housing Land Trust
PREPARED BY: Stephen Sotomayor, Housing Director
STRATEGIC INITIATIVE(S):
-Expand Affordable Housing Opportunities
RECOMMENDED ACTION(S):
Receive a presentation from community members regarding efforts to explore the formation of a Housing Land Trust.
COMMUNITY ENGAGEMENT/OUTREACH:
This item will be presented at a public City Council meeting with an opportunity for public comment. Community interest in Housing Trust and Housing Land Trust models has been informed by prior public meetings of the Housing Element Work Group (HEWG) and the City Council presentation on Housing Trust Funds and similar models on March 3, 2025.
Since that presentation, interested community members have met independently and with City staff to further explore potential models and next steps. The group presenting on March 2, 2026, represents a community-led effort to continue this discussion in a public forum.
BACKGROUND:
On March 3, 2025, the City Council received a presentation providing an overview of Housing Trust Funds, Community Land Trusts, and Housing Land Trust models, including best practices and considerations for applicability in Healdsburg. This presentation was informed by the work of the Housing Element Work Group and aligned with adopted Housing Element policies encouraging exploration of additional tools to support affordable, workforce, and middle-income housing.
Following the presentation, City staff was approached by community members interested in further exploring the formation of a Housing Land Trust as a potential mechanism to support long-term housing affordability and workforce housing opportunities. Staff has met with these individuals in a facilitative and informational capacity to discuss general governance concepts, alignment with City policies, and the distinction between City-led and independent nonprofit models.
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As a result of these discussions, the community group has requested an opportunity to provide an informational update to the City Council regarding their interest, organization, and preliminary ideas related to a Housing Land Trust. The presentation is intended to introduce the group, share their perspective, and outline potential next steps for continued exploration.
DISCUSSION/ANALYSIS:
The Healdsburg City Council goals include facilitating exploration of a community housing land trust to help secure land for future housing needs and to expand moderate- and middle-income housing opportunities.
This agenda item serves as a progress update within that adopted goal and provides City Council the opportunity to hear directly from community members interested in forming an independent nonprofit organization.
Consistency with the Housing Element
The City’s adopted Housing Element recognizes that future housing challenges in Healdsburg will increasingly relate to land availability and long-term affordability rather than construction feasibility alone.
Several policies and programs support tools that secure land, preserve affordability, and leverage partnerships:
Housing Element Direction Policy
Reference Relevance to Proposed Nonprofit
Partner with nonprofit housing
organizations to expand
housing opportunities
Policy 4.2
Establishes the City’s role in enabling
outside housing entities rather than
operating all programs directly
Support land trust models for
workforce and middle-income
housing
Policy 4.8
Recognizes land-based affordability tools
as a strategy for moderate-income
households
Maintain long-term housing
affordability Policy 4.6
Supports mechanisms that preserve
affordability beyond initial regulatory
periods
Secure and maintain housing
sites for future housing needs
Housing
Programs 3 &
4 Supports land banking and site acquisition
strategies
Plan for future housing
opportunities and RHNA
cycles
Site
Acquisition &
Land Banking
Actions
Encourages proactive control of
developable land
Collectively, these policies indicate the City’s housing strategy includes securing land, preserving affordability over time, and leveraging community-based partnerships.
Expanding the City’s Housing Toolbox
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Historically, the City’s housing programs have focused on individual development projects using inclusionary housing requirements, subsidies, and partnerships with affordable housing developers. These programs remain essential and continue to be used largely for low-income housing or programs supporting Area Median Incomes (AMI) below approximately 80%.
However, Healdsburg faces a shortage of “missing-middle” housing, or housing affordable to moderate-income households and local workforce employees who do not qualify for traditional affordable housing but cannot afford market-rate units. Funding sources for these activities are limited and conventional affordable housing financing structures are not well suited to address this segment of the market.
A Land Trust, if created, would not replace existing housing programs but could expand the range of available implementation tools. Potential functions include:
• Acquiring and holding land (land banking)
• Partnering with affordable and private developers
• Leveraging philanthropic and foundational funding sources • Facilitating workforce and moderate-income housing opportunities • Potentially participating directly in development activities over time As an independent nonprofit, such an organization may have flexibility to respond to real estate opportunities, access private capital unavailable to public agencies, and act opportunistically in a constrained land market.
Role of Private Funding
A key advantage of a nonprofit housing entity is the ability to raise private and philanthropic funding to support housing outcomes. Traditional public funding sources are largely restricted to low-income housing and require extensive regulatory processes. A nonprofit organization can supplement these programs by:
• Accepting donations of land or funding
• Establishing acquisition funds
• Leveraging community investment
• Bridging financing gaps for workforce housing projects This funding flexibility allows housing opportunities to be pursued that would otherwise fall outside the scope of conventional affordable housing programs. The effort could function as a parallel but symbiotic process, complementing existing City housing programs rather than replacing or competing with them.
Role of the City and Potential Next Steps
The City is not forming the organization through this action. The group is community-initiated and independent.
Tonight’s presentation allows the City Council to understand the vision of the group and ask questions about its purpose, its potential relationship to the City, and how it could support adopted housing policies. The discussion may also help to inform whether a future City liaison role on the Item 9.a
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Trust may be appropriate to maintain coordination and communication.
Should a nonprofit organization be formally established, the City may consider future collaboration opportunities such as limited start-up funding or technical assistance. Any such consideration would occur through a separate City Council action following presentation of a proposed structure and funding request.
ENVIRONMENTAL STEWARDSHIP:
Not Applicable.
ALTERNATIVES:
1. Receive the presentation and provide feedback or direction to staff regarding potential future collaboration.
2. Receive the presentation and provide no direction.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this presentation. Should the entity ultimately be formed, it is anticipated the organization could return to the City Council at a future date with a proposal requesting consideration of City start-up funding for initial operating expenses or other forms of financial support until the organization becomes financially stable. Any such request would require a separate City Council action.
ENVIRONMENTAL ANALYSIS:
This item is informational only and does not constitute a project under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15378(b)(5), administrative or policy reports that do not result in a direct or indirect physical change in the environment are not considered projects.
ATTACHMENT(S):
Community Presentation on Housing Land Trust Formation
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Presentation: Housing Land Trust
City Council
March 2, 2026
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Purpose
2 Council goal includes exploring a housing land trust concept
March 3, 2025, Council reviewed trust and land trust
models
Community members continued discussions after that
meeting
Tonight is informational —community-initiated update
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Housing
Context
Future challenge: land availability & long-term
affordability
Existing programs largely serve <80% AMI households
Ongoing gap: “missing-middle” / workforce housing
Housing Element encourages partnerships and landbased strategies 3 Item 9.a
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Potential
Benefit of a
Land Trust
4 A nonprofit Trust could potentially:
• Acquire and hold land
• Partner with developers
• Access private/philanthropic funding
• Support moderate-income housing
-Does not replace City housing programs —expands the
toolbox
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Next Steps
• Continue organizational planning and collaboration
• City staff will continue to participate in the formation discussions
• Community outreach
• Staff will evaluate any future requests for initial funding from the organization and seek Council guidance and/or
approval
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Enabling affordable housing for
Healdsburg-area workforce households
The Healdsburg Housing Trust
Healdsburg City Council | March 2, 2026
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● Local community members - Residents and professionals exploring housing solutions for our family, friends, neighbors, and employees ● Mix of experience - Housing, land use, business, finance, and community
● Independent - A citizen-led initiative, not a City body or program ● Aligned with the City’s housing goals - A flexible community complement to public efforts
Who we are
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● Ongoing concern about housing affordability in Healdsburg ● Workforce and “Missing Middle” households leaving the community ○ ‘Demographic bomb’: Children are vanishing from this wealthy Bay Area city - SF Chronicle, July 17, 2025
● Limited remaining land opportunities
● Interest in developing a long-term, community-based tool Why we are here
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The Mission
Partner with public and private entities to expand
access to affordable workforce housing that sustains
Healdsburg’s income-diverse neighborhood heritage,
through land banking, community ownership, and
creative affordability mechanisms.
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A nimble and flexible organization that adapts quickly to local needs and meaningful opportunities
● Holds land for community benefit
● Raises funding for housing from sources not available to public entities ● Partners with existing public housing programs and private entities ● Supports long-term affordability
● Explore creative opportunities as they arise
The Concept
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What the concept IS NOT
● NOT City-owned housing
● NOT replacing or competing with existing affordable housing programs ● NOT bound by public funding limitations or private profit requirements The Concept
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● Can this investment deliver the housing outcomes we want? ● The economics are challenging - Land cost is only the first hurdle ● No “silver bullet” solution to complex policy, entitlement, financing, and construction challenges
● Creative cost containment solutions are emerging at the regional, state, and national levels
● We will pursue a “silver buckshot” strategy to apply the solutions that are right for Healdsburg
The Feasibility Lens
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● Core Governing Board
○ Establishes policy and strategy
○ Makes transaction decisions
○ Proposed “ex officio” non-voting member of City Council ● Development / Fundraising Committee
○ Develops marketing and fundraising strategy
○ Raises funds from individual and institutional contributors ● Technical Working Group
○ Advises acquisition strategy and individual property decisions ○ Develops cost containment strategies
○ Envisions advisory participation from City Staff as necessary Governance and Community Engagement
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The (Emerging) Roadmap
● Phase 0: Launch and organize WE ARE HERE
○ Complete formation of the organization, set up governance, and begin fundraising ● Phase 1: Acquire land for housing
○ Finalize an acquisition policy; begin coordinated outreach to realtors, property owners, and funders ○ Acquire at least one property that is feasible to develop ● Phase 2: Deliver one pilot housing project
○ Complete entitlement; initiate a single pilot project ○ Continue acquisition work while the pilot moves forward ● Phase 3: Scale out
○ Update bylaws, policies, strategy, and roadmap based on what we learn from the pilot ○ Rinse and repeat; add projects using the same playbook ● Phase 4+: Scale up
○ Explore additional project models as opportunities arise and capacity allows Item 9.a
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Next Steps & Support Considerations
● “Startup” funds for initial operational expenses
● “Seed” funds for acquisition funding
● “Ex Officio” Board participation by the Council
● Staff consultation and technical assistance
● With Council support, we will return with a formal request for action Item 9.a
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Questions!
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2/25/2026 – 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) March 16, 2025 Annual Fire Department Update
National Surveyors Month Proclamation
Cesar Chavez Day Proclamation
SMART Sales Tax Renewal Presentation
Acceptance of Public Improvements – North Village
Farmers’ Market Agreement
Badger Park Schematic Design Contract
MOU with Corazon Healdsburg and Healthcare Foundation Northern Sonoma County for Abel De Luna Community Center Multicultural Center Improvements Project Housing Legislation Land Use Code Amendments (SB 9 and SB 684/SB 1123) 2nd Reading Annual Progress Report – Housing
Reject Bids Received for the Grove Street Undergrounding Project City Council Protocol Update
March 25, 2026
City Council Goal Setting Session
April 6, 2026 Volunteer Appreciation Month Proclamation Arts, Culture and Creativity Month Proclamation
Marie Sparks Volunteer of the Year Award
Acceptance of the Foley Family Community Pavilion Project Public Art Grant Awards
Update on Local Preference Policy Disparate Impact Study Item 12.a
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2/25/2026 – Page 2
April 20, 2026 Construction Contract for Grove Street Underground Conversion Project Fiscal Year 2026-27 City Council Goal Adoption
Budget Development Update
Station Area Professional Services Agreement Award and Community Advisory Committee Selection Process
Police and Fire Facility Space Planning
Foley Family Community Pavilion Public Art Project Award (NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) Item 12.a
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