City Council:
Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe
This meeting of the City Council will be conducted in person, and telephonically through Zoom. The City Council will attend the meeting in person. The public is encouraged to attend either in person or remotely through Zoom. Please note that, in accordance with updated guidelines from the State of California and the Order of the Health Officer of the County of Sonoma C19-25, all persons attending the meeting in person are required to wear face coverings over their nose and mouth for the duration of the meeting regardless of vaccination status. The meetings will continue to be live streamed on the City’s CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel. Please see the agenda below for information on public participation.
REGULAR MEETING OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, March 2, 2022
https://zoom.us/j/94943925973
6:00 p.m. Regular Meeting
****
AGENDA
Be Courteous - TURN OFF your cell phones while the meeting is in session.
The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.
No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.
Page
6:00 P.M. – REGULAR MEETING
CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Felder, Lowe, Agrimonti, Barnett, Ding)
PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings
REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.
2. MEETING DEDICATIONS
3. PRESENTATIONS
3.1: Proclamation Proclaiming March as American Red Cross Month in the City of Sonoma
Red Cross Proclamation
4 4. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.
4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
4.2: Adopt a Resolution Authorizing the Acting City Manager to Execute a Contract with American Conservation Experience (ACE) in the Amount of $32,068 to Provide Restoration Services on the City of Sonoma Overlook Trail and Authorize the City to Accept a Donation in the Amount of $32,068 from the Sonoma Overlook Trail Stewards to Fund Said Contract Work (Public Works Administrative & Project Manager)
RECOMMENDATION: Adopt a resolution.
Agenda Report - Sonoma Overlook Trail - Pdf
5 - 26
5. PUBLIC HEARING
5.1: Consideration, Discussion and Possible Action to Adopt a Resolution Designating Three Districts Within the City as Local Historic Districts: 1) the Train District; 2) Sebastiani Cottage District, and 3) Broadway Corridor District Update Pursuant to City of Sonoma Municipal Code Section 19.42.020 - Entitled “Designation of a Local Historic Resource or District” (Planning & Community Services Director and Associate Planner)
RECOMMENDATION: Adopt the resolution.
Agenda Report - Historic District Designation - Pdf
27 - 37
5.2: Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal to Add Sections 19.41 – Related to Ministerial Residential Projects in Residential Zoning Districts and Section
19.72 – Related to Ministerial Parcel Maps for Urban Lot Splits and Finding this Action is not a Project Under Division 13 (Commencing with Section 21000) of the Public Resources Code (Planning & Community Services Director and Associate Planner)
RECOMMENDATION: Introduce the ordinance.
Agenda Report - Regular Ordinance - SB 9 - Pdf
38 - 67
6. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
6.1: Discuss, Consider and Provide Direction to Staff on the Purpose, Composition, and Duties and Responsibilities of the Community Services and Environment Commission (CSEC) as found in the Sonoma Municipal Code Chapter 2.48 and the Scope of the Tree Committee’s Authority found in Chapter 12.08 of the Sonoma Municipal Code (Planning & Community Services Director and Acting City Manager)
RECOMMENDATION: Discussion and direction.
Agenda Report - CSEC Follow-up - Pdf
68 - 83
7. COUNCILMEMBERS’ REPORTS AND COMMENTS
7.1: Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will shared at this time. A list of all appointments is available on our City website.
8. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
8.1: Long-Range Agenda Items
9. CITY ATTORNEY COMMENTS
10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted on the City Bulletin Board on February 25 2022.
Rebekah Barr, MMC, City Clerk/Executive Assistant.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.
If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.
The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.
APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.
CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".
MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.
In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
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PROCLAIMIN G MARCH AS AMERICAN RED CROSS
MONTH IN THE CITY OF SON OMA
WHEREAS, in times of crisis, people in the City of Sonoma come together to care for one another.
This humanitarian spirit is part of the foundation of our community and is exempli?ed by American Red Cross volunteers and donors; and
WHEREAS, in 1881, Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering.
Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in Sonoma who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially or learn vital lifepreserving skills through the Red Cross; and WHEREAS, in Sonoma, the contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours — whether it’s providing emergency shelter, food and comfort for families devastated by local disasters like home fires, donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid; and WHEREAS, their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community.
NOW, THEREFORE, I, Jack Ding, Mayor of the City of Sonoma, by virtue of the authority vested in me by the laws of the City of Sonoma and the State of California, do hereby proclaim March 2022 as Red Cross Month. I encourage all citizens of Sonoma to reach out and support its humanitarian mission.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of March, two thousand twenty-two, and of the City of Sonoma, California.
——:AL Agenda Item #3.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Mar 2022
Department
Public Works
Staff Contact
Oriana Hart, Public Works Administrative and
Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the Acting City Manager to Execute a Contract with American Conservation Experience (ACE) in the Amount of $32,068 to Provide Restoration Services on the City of Sonoma Overlook Trail and Authorize the City to Accept a Donation in the Amount of $32,068 from the Sonoma Overlook Trail Stewards to Fund Said Contract Work Summary
The Sonoma Overlook Trail, located on the upper Mountain Cemetery property, was constructed in 1999. The planning, design, and maintenance of the trail has relied heavily on volunteer efforts, led by the Sonoma Overlook Trail Stewards (Stewards). In recent years, the Stewards have become increasingly concerned about segments of the trail that are eroding, which has led to several problems, including increased maintenance, safety concerns, and the creation of rogue trails as hikers attempt to avoid the eroded segments. In 2016, the City with the assistance of the Stewards, conducted a trail rehabilitation project that was funded mostly through a Habitat Conservation Fund grant along with supplemental City funds that were used for an environmental review of the rehabilitation plan.
Three areas that were identified in the trail assessment for the 2016 project, were not able to be repaired during the grant usage period and have continued to deteriorate. The Sonoma Overlook Trail Stewards have offered to contribute funding in the amount of $32,068 for a contract with American Conservation Experience (ACE) to repair these sections of trail. As the Overlook Trail is a City-owned facility, located on City property, the contract with ACE to perform the rehabilitation on these sections of the trail would be through the City of Sonoma.
The City of Sonoma will contribute $15,000 to pay for the material, project contingency and construction management costs for the project. The City’s $15,000 contribution was budgeted in FY 21/22 for CIP Project P-3-Sonoma Overlook and Montini Trail Maintenance in the City’s Parks-in-Lieu/Quimby Fund - G/L account #314-54000-703-70703.
Recommended Council Action
Adopt a resolution authorizing the Acting City Manager to execute a contract with American Conservation Experience in the amount of $32,068 and authorizing the City to accept a donation in the amount of $32,068 from the Overlook Trail Stewards to fund said contract work
Alternative Actions
The Council could decline to accept the donation of funds from the Stewards and choose not to execute the contract with ACE. This would result in further trail deterioration.
Agenda Item #4.2:
Financial Impact
The FY 21/22 adopted budget in the City’s Parks-in-lieu/Quimby Fund - G/L account #314- 54000-703-70703, for CIP Project P-3-Sonoma Overlook and Montini Trail Maintenance, will be used for the projected $15,000 costs of material, project contingency and construction management. The Sonoma Overlook Trail Stewards donation of $32,068 will fund the construction contract with ACE. No General Fund dollars will be utilized on this rehabilitation project.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
ACE Maintenance Contract
CC:
n/a
Agenda Item #4.2:
RESOLUTION NO. ___- 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA
AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A CONTRACT
WITH AMERICAN CONSERVATION EXPERIENCE IN THE AMOUNT OF
$32,068 TO PROVIDE RESTORATION SERVICES ON THE CITY OF
SONOMA OVERLOOK TRAIL AND AUTHORIZING THE CITY TO ACCEPT A DONATION IN THE AMOUNT OF $32,068 FROM THE OVERLOOK TRAIL STEWARDS TO FUND SAID CONTRACT WORK.
WHEREAS, the Sonoma Overlook Trail (Trail) and the property upon which it exists is owned by the City of Sonoma; and
WHEREAS, the City is ultimately responsible for the maintenance and repair of the Trail system; and
WHEREAS, the City is currently in partnership with the Sonoma Overlook Trail Stewards (Stewards), a volunteer association, for trail maintenance; and WHEREAS, the Stewards have raised money through independent fundraising to maintain and improve the trail system; and
WHEREAS, the American Conservation Experience (ACE) has a crew of youth volunteers that can repair the trail in exchange for work experience; and WHEREAS, the City has drafted a contract with ACE to conduct the needed repairs on the Trail; and
WHEREAS, the Stewards have pledged to donate the needed amount of $32,068 to fund the contract with ACE to the City of Sonoma.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the Acting City Manager to execute a contract with American Conservation Experience to provide restoration services on the City of Sonoma Overlook Trail in the amount of $32,068.
FURTHERMORE, BE IT RESOLVED, that the City may accept a donation in the amount of $32,068 from the Sonoma Overlook Trail Stewards for this work.
ADOPTED this 2nd day of March 2022 by the following vote:
AYES:
NOES:
ABSENT:
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -1-
CONTRACT FOR TRAIL MAINTENANCE AND REHABILITATION WORK
LOWER SONOMA OVERLOOK TRAIL
CITY OF SONOMA
This Agreement (“Agreement” or “Contract”) is made this ______ day of _________, 2018 between the CITY OF SONOMA (“City”) and AMERICAN CONSERVATION EXPERIENCE, a 501(c)(3) California nonprofit corporation (“Contractor”).
AGREEMENT
SECTION 1 - SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, tools, equipment, and services, required to timely, competently, diligently and fully perform and complete the work (“Work”) generally described as follows:
Maintain, rehabilitate, and restore the Lower Sonoma Overlook Trail located in the City of Sonoma and generally shown on Exhibit A and described in Exhibit B, attached hereto, in accordance with the Contract Documents (defined below).
B. Contractor shall perform the Work in accordance with and shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the several Contract Documents, the more stringent requirements shall govern.
C. Without limiting the foregoing description, Contractor's scope of work includes, but is not limited to, the following:
• Provide labor and equipment to perform the Work as specified in Exhibit B attached hereto.
• Protect all materials to be used in the Work in accordance with the Contract Documents. • Protect existing facilities and personal property. Contractor shall be solely responsible for all damage to any building or personal property.
• Attend a preconstruction conference with City and representatives of the Sonoma Overlook Trail Stewards (“SOT”) to discuss schedule, access, sequence of work, and other issues.
• The Contractor shall be responsible for unloading, hoisting and otherwise handling provided materials and supplies as well as its own materials, supplies and equipment. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its Work, as required by any authorized agency or applicable code, prior to covering up the Work.
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -2-
E. The following documents are incorporated into and made part of this Contract by this reference:
1. Exhibit A: Sonoma Overlook Trail Working Drawing,
2. Exhibit B: Description of Maintenance Works and Locations.
2. Exhibit C: American Conservation Experience Sonoma Overlook Trail Maintenance Quote – 2022.
The documents shall be referred to collectively as the "Contract Documents.” E. The “Project” shall be defined to mean the Work and the entirety of the steps, documents, tasks, procedures necessary to authorize, permit, perform, inspect, and satisfactorily complete the Work and perform under this Agreement.
SECTION 2 - PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of no more than $32,068 (the "Contract Price"), subject to adjustments for changes in the Work as may be directed in writing by City, as payment in full for the Work.
B. Contractor shall submit to the City on a monthly basis. All invoices will include the following: a description of the work and tasks performed during the invoice period, including staff time, hours expended, billing rates, materials and expenses incurred pursuant to and in accordance with the budget attached hereto as Exhibit C. City shall make payment within 30 days of receipt of Contractor’s application, less ten percent retention. City shall release the retained funds no less than thirty-five (35) days after the date the City accepts the Work.
C. Contractor agrees to furnish, as a condition of payment, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment.
D. The City Engineer shall be the City Engineer for the City of Sonoma or his/her designated representative.
SECTION 3 - ENTIRE AGREEMENT
This Agreement represents the entire agreement between City and Contractor and supersedes any prior written or oral representations.
SECTION 4 - TIME
A. Contractor shall complete the Work no later than 60 calendar days following City's issuance of the Notice to Proceed (the "Contract Time").
B. Time is of the essence of this Agreement.
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -3-
C. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of SOT, all other workers and suppliers so as not to delay or damage their performance.
D. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence.
SECTION 5 – LABOR
A. The Contractor warrants and represents that (a) it is not subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and (b) Contractor has the right to pay less than the specified prevailing rates of wage to all workers retained or employed in performance of the Work. The Contractor further warrants and represents that it is not subject to said provisions of the California Labor Code because the work it performs hereunder shall be performed exclusively by volunteers and/or volunteer coordinators within the meaning of Labor Code section 1720.4.
B. Contractor shall comply with all applicable laws with regard to the payment of wages to the persons it retains or uses to perform the Work and shall defend, indemnify, and hold harmless (with counsel reasonably acceptable to City) the City against any claim for damages, compensation, fines, penalties or other amounts arising out of any failure or alleged failure of any person or entity (including the Contractor) to pay prevailing wages or comply with any applicable provisions of the Labor Code and implementing regulations. Without limiting the generality of the indemnification set forth in Section 11 below, the Contractor’s obligation to indemnify under this Section shall be interpreted broadly to apply to any legal or administrative proceeding, arbitration, or enforcement action.
SECTION 6 - CHANGES IN WORK
A. Contractor shall make no changes in the Work without advance written direction from the City. Contractor shall not be compensated for any change made without any such written direction. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement.
B. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
i. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work; ii. By establishment of new unit prices and related quantities for the changed Work; Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -4-
iii. By a combination of existing and new unit prices and related quantities for the changed Work; or
iv. By mutual acceptance of a lump sum.
C. If the City directs the Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, the City will make a reasonable adjustment to the Contract Time provided Contractor complies with Section 4(E) or the City otherwise agrees to extend the Contract Time.
SECTION 7 - CLAIMS
If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.
SECTION 8 - INSPECTION AND PROTECTION OF WORK
A. Contractor shall make the work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Contractor's work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the work done hereunder until final acceptance by the City.
B. Prior to the completion of work, the Contractor, QC Inspector, and City Staff will conduct a final inspection. This inspection shall be conducted on April 11, 2022, unless otherwise requested in writing by the Contractor. The Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions previously issued.
SECTION 9 – ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control. No subcontractors shall be permitted to perform any of the Work.
B. No subcontractors will be recognized as such, and all persons engaged in the Work will be considered the responsibility of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and Contract Documents. C.
Contractor may not assign performance of the Contract except upon written consent of the City Engineer.
SECTION 10 - TERMINATION
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -5-
A. Should Contractor fail within three (3) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, City may terminate this Agreement. Following a termination for default under or breach of this Agreement, City shall have the right to take whatever steps it deems necessary to correct and complete the Work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.
B. City may at any time terminate the Contract at City's convenience upon five days written notice to Contractor. In the event of such termination for convenience, Contractor shall recover only the actual cost of work completed to the date of termination, which costs are documented to City's satisfaction, plus a reasonable amount not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under subsection 10(B), and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
SECTION 11 – HOLD HARMLESS AND INDEMNIFICATION
A. The City of Sonoma and all officers and employees thereof connected with the Work, including but not limited to the City Council and the Building Official, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City of Sonoma’s officers or employees.
B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City of Sonoma, its elected and appointed officials, contractors, and employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's workers), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, Contractor’s compliance with the law, and/or Contractor’s acts or omissions, regardless of the Contractor's fault or negligence, including any of the same resulting from City's alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its officers, agents, or servants who are directly responsible to City. This indemnification shall survive termination of this Contract for whatever reason.
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -6-
C. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City of Sonoma until disposition has been made of such suits or claims for damage.
SECTION 12 –INSURANCE
A. Insurance
1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days before execution of this Agreement by the City.
2. Intentionally left blank.
3. The insurance required by this section shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days' prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date.
4. Liability Insurance. This insurance shall protect the Contractor from claims for bodily injury and property damage which may arise because of the nature of the Work or from operations under this Contract.
a. Coverage shall be at least as broad as:
i. Commercial General Liability coverage (Insurance Services Office form number GG 0001 – "occurrence" form).
ii. Owners and Contractors Protective Liability Coverage form – Coverage for Operations of Designated Contractor (Insurance Services Office form G0009 11 88).
iii. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto," and endorsement CA 0025.
iv. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
b. The Commercial General Liability Insurance shall include the following coverages:
• Premises – Operations;
• Owner's/Independent Contractors and Contractor's Protective; Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -7-
• Products - Completed Operations; Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.);
• Broad Form Property Damage – including to the maximum extent possible, coverage for the Assumption of Liability Pursuant to Completed Operations; • Blanket Contractual liability, including the indemnity agreement in this Contract
• Separation of Insureds / Cross-Liability Provisions
• Duty to Defend all Insureds
• Deletion of any limitation on Coverage for Bodily Injury or Property • Damage Arising out of Subsidence or Soil or Earth Movement. • A provision that the annual general aggregate and the products and completed operations annual aggregate shall apply separately to the Project. • Pollution Legal Liability Endorsement
• XCU - (Explosion, Collapse, Underground Damage)
c. Coverage shall not extend to any indemnity coverage for the sole or active negligence of the additional insured in any case where any agreement to indemnify the additional insured would be invalid under Civil Code Section 2782(b). d. Contractor shall maintain limits no less than:
i. Comprehensive General Liability: Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Automobile Liability: Two Million Dollars ($2,000,000) combined single limit per accident for bodily injury and property damage. iii. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of Two Million Dollars ($2,000,000) per accident. e. At the option of the Contractor, primary limits may be less than required, with an Umbrella Policy providing the additional limits needed. This form of insurance will be acceptable provided that the Primary and Umbrella Policies both provide the insurance coverages herein required, including all additional insured requirements. The umbrella policy shall be provided on a "following form" basis with coverage at least as broad as provided on the underlying commercial General Liability insurance. f. Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City or as specified below, provided that the forms conform to these requirements, and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -8-
required insurance policies, including endorsements effecting the coverage required by these specifications, at any time.
g. Intentionally left blank.
h. Insurance is to be placed with insurers with a Bests' rating of no less than A: VIII. i. Originals of the following endorsements shall be attached to the liability insurance policy and delivered to City:
i. The Commercial General Liability policy of insurance shall be endorsed to name as additional insureds the City of Sonoma, and all of its elected and appointed officials, directors, officers, employees, agents, construction manager, and servants, using ISO Form CG20101185. This policy shall provide coverage to each of the additional insureds with respect to the Work. ii. The policy shall be endorsed (with ISO Form 20010413) to provide primary coverage to the full limit of liability stated in the declarations, and provide that if the additional insureds have any other insurance or self-insurance against the loss covered by this policy, that other insurance shall be excess insurance and not contribute with contractor's policy.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. iv. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
v. The insurer shall waive all rights of subrogation against the City (using ISO Form CG 2404), its officials, employees, agents, Construction Manager, and volunteers for losses arising from Work performed by the Contractor for the City. vi. Intentionally left blank.
vii. The policy must provide that it shall not be cancelled, suspended, voided or changed nor may the "retroactive date" of the policy or any renewal or replacement policy be changed without thirty (30) days' prior written notice to the City.
viii. A cross-liability endorsement must be included to the effect that each insured is covered as if separate policies had been issued to each insured. ix. The liability coverage may be either on a blanket basis or a policy which specifically identifies this agreement with a contractual liability endorsement. j. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, the insurer shall reduce or eliminate such deductibles or Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -9-
self-insured retentions as respects the City, its officers, agents, construction manager, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses.
B. Waiver of Subrogation. City and Contractor waiver all rights against each other and against all other subcontractors for loss or damage to the extent covered by Builder’s Risk or any other property or equipment insurance applicable to the Project, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.
C. Insurance Requirements are Material Element of Performance. In the event of the breach of any provision of this section, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further Work pursuant to this Agreement.
SECTION 13 - CLAIMS RESOLUTION
A. All claims shall be in writing, addressed, and delivered as per Section 21, and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment or upon the date or within the time periods specified in this Agreement or the Contract Documents, whichever is earlier. The claims procedures set forth herein are supplementary to other claims procedures provided for herein or in the other Contract Documents (e.g., change orders), but in terms of preserving the Contractor’s rights to pursue any claims by litigation, Contractor must comply with the claim procedures described in this Section 13 (as well as those procedures elsewhere described in the Contract Documents or this Contract) or Contractor shall be deemed to have conclusively waived and abandoned his/her/its rights to pursue any claim for which these procedures were not followed.
B. The provisions set forth below encapsulate the relevant portions of Public Contracts Code §§ 9204 and 20104.2, both of which are applicable to this Agreement. For purposes of this paragraph:
1) “Claim” means a separate demand by the Contractor sent by registered mail or certified mail to the City with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this Agreement and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -10-
(C) Payment of an amount that is disputed by the City.
2) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor.
C. 1) Upon receipt of a claim as defined in this Section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and Contractor may, by mutual agreement, extend the time period provided in this subsection.
2) The claimant shall furnish reasonable documentation to support the claim; provided, however, that within 30 days after the City receives the claim, the City may request (“30 Day Request”), in writing, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. If after receiving any additional documentation supplied in response to the City’s 30-Day Request, the City still believes that the claim’s documentation is inadequate, the City shall, in writing, deliver to the claimant supplemental request(s) for documentation which shall be provided upon mutual agreement of the City and claimant.
3) Notwithstanding subsection (C)(2) to the contrary, irrespective of the documentation or adequacy of same, provided by the claimant, the City must still provide its written statement responding to the claim within the time period established pursuant to subsection C(1) and if the basis for the City’s statement includes lack of documentation, it may state that basis in its statement.
4) If the City Council must approve the written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
5) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, section 13(E) shall apply.
D. 1) If the claimant disputes the City’s written response, or if the City fails to respond to a claim issued pursuant to this Section within the time prescribed, the claimant may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -11-
conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
2) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified and delivered to the City in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures provided elsewhere in the Contract Documents, if any, or provided by applicable law. i) If after completion of the mediation, the claim or any portion remains in dispute, and if the claim is governed by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the City receives the claim pursuant to subsection 13(C)(1) until the time that mediation of the claim is completed, including any period of time utilized by the meet and confer and mediation processes.
3) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. 4) Unless otherwise agreed to by the City and Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Cal. Public Contract Code section 20104.4 to mediate after litigation has been commenced.
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -12-
5) This Section does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this Section does not resolve the parties’ dispute.
E. Failure by the City to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
F. Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum.
G. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request from the subcontractor, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
H. Notwithstanding anything to the contrary stated above, upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable.
SECTION 14 - WARRANTY
Contractor hereby warrants its work against all deficiencies and defects for one year after completion and payment for the Work or the longest period permitted by the law of this State, whichever is less.
SECTION 15 – LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
B. Contractor shall at all times observe and comply with, and shall cause all of its agents and others engaged to perform the Work to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -13-
or authority over the Work; and shall protect and indemnify the City, and all officers and employees thereof connected with the Work, including but not limited to the City Engineer, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the City's representatives or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Engineer in writing.
SECTION 16 – MISCELLANEOUS
A. UTILITY FACILITIES
1. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged.
2. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility owner.
City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.
3. If the Contractor is required to locate and repair damage not due to the Contractor's failure to exercise reasonable care and remove or relocate existing main or trunk line utility facilities, it shall be compensated under the Changes in Work section of this Contract, including payment for equipment on the Project necessarily idled during such work.
4. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work.
5. The right is reserved by the City and the owners of facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
6. Attention is directed to the possible existence of underground facilities not known to the City of Sonoma. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA to mark utilities.
B. DIFFERING SITE CONDITIONS.
1. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -14-
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
b. Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract; or
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
2. No claim of the Contractor under this section shall be allowed unless the Contractor has given the notice required in this Agreement.
3. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. Subject to and except as is otherwise provided in this Agreement, the Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.
C. RECORDS AND AUDITS
1. Contractor shall establish and maintain records pertaining to this contract.
Contractor’s accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers.
2. Contractor shall permit City and its authorized representatives to inspect and examine Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for three (3) years after the termination of this Contract.
3. Pursuant to California Government Code Section 8546.7, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract.
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -15-
SECTION 17 - BACK CHARGES
Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the work is being performed for which a charge is to be submitted.
SECTION 18 - CLEAN-UP
Contractor will remove from the Work site all non-native debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price.
SECTION 19 - LICENSE REQUIREMENT
Contractor's attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time Contractor enters into this Contract and all times Contractor is performing the Work, Contractor shall have a valid license issued by the Contractors State License Board in the classification stated in the Special Provisions. Contractor and all subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to penalties imposed by such laws.
SECTION 20. NOTICE
All notices permitted or required hereunder shall be delivered personally, by email or by U.S. first class mail, postage prepaid and addressed as set forth below. Notices delivered personally shall be deemed delivered at the time of delivery. Notices delivered by email shall be deemed delivered at the time of the posting of the email, provided that the sender of the email possesses independent evidence that the email was delivered. Notices delivered by first class mail shall be deemed delivered three calendar days after the notice was deposited in the U.S. Mail.
Notwithstanding the foregoing to the contrary, “claims,” as defined in Section 13 must be sent by registered mail or certified mail to the City with return receipt requested and shall be deemed delivered when received by the City.
If to the City:
By U.S. Mail:
Oriana Hart, Public Works Project Manager and Administrator City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
Email: [email protected]
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -16-
If to the Contractor:
By U.S. Mail:
Chris Binder
American Conservation Experience
4523 Harlin Dr
Sacramento, Ca 95826
Email: [email protected]
SECTION 21. EXHIBITS
All exhibits attached hereto are hereby incorporated by reference.
IN WITNESS WHEREOF the parties execute this Agreement on the dates set forth below.
SIGNED:
CITY OF SONOMA CONTRACTOR:
American Conservation Experience
Dated: Dated:
By: By:
Susan Casey
Acting City Manager Contractor's License No.: #
Agenda Item #4.2:
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ØÑ
×
×
×
G
G
(E) Bench
(E) Swanson Bench
(T) Water Service
(E) Shed/Tool Cache
(E) Gypsy Boots Bench
Norrbom Rd, 0.3 miles
north of the Mountain Cemetery
Sonoma Overlook Trail
Parking Area on First Street West
ACE3
ACE1
ACE2
Lower Overlook Trail
Toyon Trail
Upper Overlook Trail
Upper Overlook Trail Loop
Montini Trail/Rattlesnake Cutoff
Gypsy Boots Spur
Lower Overlook Trail
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Project Area
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster
NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community µ 0 125 250
Feet
Project Vicinity Map
Drawing
Prepared By:
Drawing
Published
Date:
Chris Pegg 2018.06.14 11:35
City Record
Number: C-***
Sonoma
Overlook
Trail
Rehabilitation
American Conservation Experience
Key Notes:
ACE1: (N) Trail foot marker Lower Trail 1745 to
1765 feet. Install retaining wall on downslope
side. Make good and harden trail surface with 1
½ minus aggregate. 1765 install 6 overlapping
steps 4 feet wide and backfill top landing to
reduce grade.
ACE2: (N) Trail foot marker 3525 install 12
overlapping steps 5 feet wide and backfill top
landing with specified aggregate and compact to
reduce grade. Build 2 x 2 barrier wall on
downslope side to prevent short cuts.
ACE3: (N) Trail foot marker 3750 install 4 steps 6
feet wide, backfill and compact top landing with
specified aggregate.
3800 to 3900 install retaining wall on downslope
side. Create turnpike by filling upslope with
aggregate and compact.
Sonoma Overlook Trail Stewards
Key Notes:
(No notes)
City of Sonoma
Key Notes:
(No notes)
Miscellaneous
Key Notes:
Emergency Access 1: Sonoma Overlook Trail
Parking Area on First Street West
Emergency Access 2: Norrbom Rd, 0.3 miles
north of the Mountain Cemetery
Legend
Key Points
× Bench
G EV Access
ØÑ Water Spigot
Key Alignments
!!!!!!!!!! Rock Wall
Temporary Water
ACE Work Areas
Materials Storage
Trail Segments
Decommissioned
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Active
Agenda Item #4.2:
City-ACE Maintenance Contract 2-23-2022 -17-
EXHIBIT B
SCOPE OF SERVICES
Scope of Services: Contractor shall furnish all necessary management, supervision, labor, tools, and services, required to timely, competently, diligently and fully perform and complete the work (“Work”) generally described as follows:
Provide trail maintenance as described below at three locations on the Lower Trail between the junction with Rattlesnake cut-off and the junction with the Toyon spur. Provided maintenance on the indicated section of the Lower Sonoma Overlook Trail shall meet California Parks standards.
(1) Lower Trail 1745 to 1765 ft - Contractor shall install a retaining wall on downslope side of the trail in this location. The Contractor shall create harden trail surface with 1 ½ minus aggregate. At location 1765ft, the Contractor shall install 6 overlapping steps 4 feet wide and backfill top landing to reduce grade.
(2) Trail 3525ft – The Contractor shall install a series of 12 overlapping steps 5 feet wide and backfill the top landings with specified aggregate and compact to reduce the grade.
Additionally, a 2-foot x 2-foot barrier wall shall be constructed on the downslope side of the trail to prevent short cuts.
(3) Trail 3700 -3900ft - At location 3700ft the Contractor shall install 4 steps 6 feet wide, backfill, can compact the top landing with specified aggregate. Additionally, between location 3800 – 3900 ft the Contractor shall install a retaining wall on the downslope side of the trail. The Contractor shall create a turnpike by filling upslope with aggregate and compacting.
Agenda Item #4.2:
ACE Crew Budget 2022
American Conservation Experience Sonoma Overlook Trail Stewards 4523 Harlin Dr. Sacramento, CA 95826 Sonoma Overlook Trail Maintenance 2022 Budget Date: 1/24/2021 198 First Street West, Sonoma, CA 95476 ACE Contact: Chris Binder, Pacific West Division Director Partner Contact: Bill Wilson [email protected] 203.731.0718 [email protected] ACE Indirect Rate (IR) as approved by Department of Interior 35.37% In-Kind Rate (CA 2020 IndependentSector.org) $33.61) Expected Crew Composition Weeks on Project 4
Crew Leaders Assistant Team Leaders AmeriCorps Crew Members Non-AmeriCorps Members Total Crew Size 6 1 1 4 0
Personnel
Job Description Cost/Hr Hrs/Week # Units # Weeks Total
Crew Leader $18.00 40.00 1 4 $2,880.00
Crew Leader OT $27.00 5.00 1 4 $540.00
Assistant Team Leader $9.00 40.00 1 4 $1,440.00
AmeriCorps Member $5.00 40.00 4 4 $3,200.00
Non-AmeriCorps Member $5.00 40.00 0 4 $0.00
Project Manager $31.20 12.00 1 4 $1,497.60
Logistics Coordinator $22.00 8.00 1 4 $704.00
Member Support Coordinator $25.00 8.00 1 4 $800.00
Total Salaries/Labor $11,061.60
Fringe
Job Description Base Rate Fringe Rate Total
Crew Leader $3,420.00 36.30% $1,241.46
Assistant Team Leader $1,440.00 19.85% $285.84
AmeriCorps Member $3,200.00 19.85% $635.20
Non-AmeriCorps Member $0.00 19.85% $0.00
Project Manager $1,497.60 36.30% $543.63
Logistics Coordinator $704.00 36.30% $255.55
Member Support Coordinator $800.00 36.30% $290.40
Total Fringe $3,252.08
Travel
Travel Expense Unit Cost Cost/Item # Units # Weeks # of Miles # of trips Total Crew Transport - Leased F150 and trailer $446.00 per crew week 1 4 NA NA $1,784.00 Crew Transport - Fuel $175.00 per crew week 1 4 NA NA $700.00 Project Manager ground travel from base
to site. Includes vehicle use & fuel at
current GSA Rate
$0.56 per mile 1 NA 80 4 $179.20
Project Manager Per Diem at current GSA Rate $66.00 per day 4 NA NA NA $264.00 Total Travel $2,927.20
Supplies
Supplies/Materials Unit Cost Cost/Item # Units # Weeks Total Handtools & project supplies $103.00 per crew week 1 4 $412.00 Safety and First Aid Supplies (PPE & First Aid) $63.00 per crew week 1 4 $252.00 Crew communications and data recording $47.00 per crew week 1 4 $188.00 Crew field food & consumables $59.00 weekly per crew member 6 4 $1,416.00 Camping equipment & supplies $17.00 weekly per crew member 6 4 $408.00 Generator $240.00 weekly 1 2 $480.00
Hammer/Demo Drill $175.00 weekly 1 2 $350.00
Vibraplate Compactor $90.00 daily 1 2 $180.00
Total Equipment $3,156.00
Other Expenses
Item Unit Cost Cost/Item # People # Weeks/Days Total
Crew Camping (Two sites at Sugarloaf Ridge - if discount is available ACE will only charge the actual camping fee assessed) $90.00 nightly/two sites NA 14 $1,260.00 Crew Housing (off hitch) $133.00 weekly per crew member 6 4 $3,192.00 Corpsmember background checks $5.00 weekly per
corpsmember 5 4 $100.00
Total Other $3,292.00
Match Provided by ACE
Job Description Value of Labor Cost/Hr Hrs/Week # Units # Weeks Total Assistant Team Leader $33.61) $9.00 40.00 1 4 $3,937.60 AmeriCorps Member $33.61) $5.00 40.00 4 4 $18,310.40
Non-AmeriCorps Member $33.61) $5.00 40.00 0 4 $0.00
Total Match $22,248.00
Direct Cost Subtotal
SubTotal Direct Cost to Cooperator $23,688.88
Indirect Cost
IR Rate Direct Cost Subtotal Subtotal Indirect Cost
Total Indirect Cost to Cooperator 35.37% $23,688.88 $8,378.76 Total Cost Cash Cost to Partner ACE Provided Non-Cash Match Match Rate $32,067.64 $22,248.00 69.38%
Notes:
Weekly Invoice Rate $8,016.91
Hourly Invoice Rate $33.40
In-Kind Invoice Rate $27.81
Agenda Item #4.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Mar 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director, Kristina Tierney,
Associate Planner
Agenda Item Title
Consideration, Discussion and Possible Action to Adopt a Resolution Designating Three Districts Within the City as Local Historic Districts: 1) the Train District; 2) Sebastiani Cottage District, and 3) Broadway Corridor District Update Pursuant to City of Sonoma Municipal Code Section 19.42.020 - Entitled “Designation of a Local Historic Resource or District” Summary
The Sonoma City Council is being asked to consider the designation of three districts within the City as local historic districts pursuant to Sonoma Municipal Code Section 19.42.020 - entitled “Designation of a local historic resource or district”. These designations represent years of collaboration between the City Council, Design Review and Historic Preservation Commission (DRHPC), city staff, the Sonoma Valley Historical Society and the Sonoma League for Historic Preservation. The three districts include:
1) Train District
2) Sebastiani Cottage District
3) Broadway Corridor District update
The Train District was originally identified in June 2016 in a historic resources evaluation of the Maysonnave Cottage, which suggested the possibility of creating a local historic district based on associations with the train depot and the railroad tracks in the area of First Street West and First Street East. In November 2016, the Design Review and Historic Preservation Commission (DRHPC) expressed support for researching and establishing a historic “Train District” to recognize and preserve a cluster of historic structures in northeast Sonoma associated with the North Pacific Railway Company. The City Council allocated $7,500 in the City of Sonoma 2018- 19 budget to allow for the submittal of a matching grant application to fund the consultant assistance necessary to research, document, and establish such a district. The City received a $5,000 grant from State Parks.
Staff worked with Page & Turnbull to expand the scope of the project to also include consideration of the Sebastiani Cottage District (identified in the historic resource evaluation for the Campobello Subdivision in 2002), and review and updating documentation associated with the previously recorded Broadway District (2002). All three districts have been found eligible for listing in either the California Register of Historical Resources (California Register) or National Register of Historic Places (National Register).
On February 15, 2022 the Design Review and Historic Preservation Commission (DRHPC) reviewed the proposed districts and unanimously recommended that the Sonoma City Council designation of the Train District, Sebastiani Cottage District, and Broadway District be added to the City’s Inventory of Historic Sites and Structures (Local Inventory).
Agenda Item #5.1:
Note that the recommended historic districts would have no impact on another item on the Council agenda, the Regular SB 9 Ordinance. The three historic districts are located within the existing Historic Overlay District and therefore designation of these districts would not affect the applicability of SB 9 in these areas as SB 9 already does not apply.
Recommended Council Action
Adopt a resolution designating three districts within the City as local historic districts: 1) the Train District; 2) Sebastiani Cottage District, and 3) Broadway Corridor District update pursuant to City of Sonoma Municipal Code Section 19.42.020 - entitled “Designation of a local historic resource or district”. The proposed action is exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.
Alternative Actions
1) Do not adopt the Resolution, and leave the Broadway District as is. 2) Council discretion
Financial Impact
No fiscal impact at this time.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
2022-01-04_Sonoma District Review - Summary Memo
Alignment with Council Goals:
Compliance with Climate Action 2020 Target Goals:
CC:
n/a
Agenda Item #5.1:
City of Sonoma
RESOLUTION # _____ - 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA DESIGNATING THREE DISTRICTS WITHIN THE CITY AS LOCAL HISTORIC DISTRICTS: 1) THE TRAIN DISTRICT; 2) SEBASTIANI COTTAGE DISTRICT, AND 3) BROADWAY CORRIDOR
DISTRICT UPDATE PURSUANT TO CITY OF SONOMA MUNICIPAL CODE SECTION
19.42.020 – ENTITLED “DESIGNATION OF A LOCAL HISTORIC RESOURCE OR DISTRICT”, INCLUDING FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(b)(3) – GENERAL RULE – OF THE CEQA GUIDELINES
WHEREAS, the City of Sonoma acquired the old Northwestern Pacific depot and adjacent land to prevent the loss of the historic site in 1975; and,
WHEREAS, the Train District was originally identified in June 2016 in a historic resources evaluation of the Maysonnave Cottage, which suggested the possibility of creating a local historic district based on associations with the train depot and the railroad tracks in the area of First Street West and First Street East; and
WHEREAS, in November 2016, the Design Review and Historic Preservation Commission (DRHPC) expressed support for researching and establishing a historic “Train District” to recognize and preserve a cluster of historic structures in northeast Sonoma associated with the North Pacific Railway Company; and
WHEREAS, the City Council allocated $7,500 in the City of Sonoma 2018-19 budget to allow for the submittal of a matching grant application to fund the consultant assistance necessary to research, document, and establish such a district. The City received a $5,000 grant from State Parks in 2021 to support this effort; and
WHEREAS, in spring of 2021 staff worked with Page & Turnbull to expand the scope of the project to also include consideration of the Sebastiani Cottage District (identified in the historic resource evaluation for the Campobello Subdivision in 2002), and review and updating documentation associated with the previously recorded Broadway District (2002) to maximize the allocated budget; and
WHEREAS, the Sonoma City Council identified the designation of the Historic Train District and other historic initiatives as a top council priority at the fall 2021 City Council retreat; and WHEREAS, all three districts have been found eligible for listing in either the California Register of Historical Resources (California Register) or National Register of Historic Places (National Register); and
WHEREAS, on February 15, the Design Review and Historic Preservation Commission (DRHPC) reviewed the proposed districts and unanimously recommended that the Sonoma City Council designation of the Train District, Sebastiani Cottage District, and Broadway District to the City’s Inventory of Historic Sites and Structures (Local Inventory); and WHEREAS, the City Council found this Action to be Exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), pursuant to CEQA Guidelines section 15061(b) (3) prior to taking action; and
Agenda Item #5.1:
WHEREAS, the Sonoma City Council held a duly noticed meeting public meeting on March 2, 2022 to consider the designation of three districts within the City as local historic districts pursuant to Sonoma Municipal Code Section 19.42.020 (Designation of a local historic resource or district); and
WHEREAS, these designations represent years of collaboration between the City Council, Design Review and Historic Preservation Commission (DRHPC), city staff, the Sonoma Valley Historical Society and the Sonoma League for Historic Preservation, and support identified City Council objectives.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma does hereby designate the Historic Train District and Sebastiani Cottage District as local historic districts and amends the Broadway Corridor District pursuant to Sonoma Municipal Code Section 19.42.020 (Designation of a local historic resource or district) and as outlined in Exhibit A.
PASSED, APPROVED AND ADOPTED this 2nd day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Jack Ding, Mayor
ATTEST:
__________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #5.1:
170 MAIDEN LANE, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94108 TEL 415-362-5154 Imagining change in historic environments through
design, research, and technology
MEMORANDUM
DATE January 4, 2022 PROJECT NUMBER. 21094.1
TO Kristina Tierney, Associate Planner PROJECT Sonoma Historic District Review
OF City of Sonoma
No. 1, The Plaza
Sonoma, CA 95476
(707) 933-2202
[email protected]
FROM Stacy Kozakavich,
Page & Turnbull
CC Ruth Todd, Page & Turnbull VIA Email
REGARDING Sonoma Depot, Broadway Street, and Samuele Sebastiani Residential Historic Districts
INTRODUCTION
At the request of the City of Sonoma, Page & Turnbull completed evaluations for two new historic districts, the Sonoma Depot Historic District and Samuele Sebastiani Residential Historic District, and reviewed and updated documentation for one previously recorded historic district, the Broadway Street Historic District. All three districts have been found eligible for listing in either the California Register of Historical Resources (California Register) or National Register of Historic Places (National Register).
The three districts are eligible for designation at the local level under Sonoma Municipal Code Section 19.42.020.C. All are located fully within the boundaries of the City of Sonoma Historic Overlay Zone.
METHODS
Prior to conducting a field survey, Page & Turnbull reviewed previous documentation for each historic district provided by the City of Sonoma, Sonoma League for Historic Preservation, and Sonoma Valley Historical Society. The Sonoma Depot Historic District was recommended as a potential historic district by Jerri Holan in 2016, as part of the Historic Resource Evaluation of the Maysonnave Cottage, 289 First Street East, Sonoma California. The Samuele Sebastiani Residential Historic District was recommended as a potential historic district by Vicki Beard of Tom Origer & Associates in 2002 as part of the Architectural/Historical Evaluations for the Campobello Estates Agenda Item #5.1:
Sonoma Historic District Review [21094.1]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO
Subdivision, Sonoma, Sonoma County, California. The Broadway Street Historic District was previously evaluated and found eligible for the National Register as part of the Historic Resource Evaluation Report for the Proposed Visual Enhancement Project: Pedestrian and Vehicular Street Lighting on Highway 12 (Broadway Street) in the City of Sonoma, prepared by Caltrans in 2002.
Page & Turnbull conducted a pedestrian survey of all three district areas on July 22, 2021. All properties within the potential district boundaries were photographed and recorded with field notes made using the Fulcrum survey application.
Following the field survey, Page & Turnbull developed draft district boundaries and lists of contributors. These were provided to the City of Sonoma, Sonoma League for Historic Preservation, and Sonoma Valley Historical Society on October 25th, 2021 for review. Representatives of these organizations did not provide comments regarding the district contributors or boundaries.
State of California Department of Parks and Recreation (DPR) 523 forms were prepared, as appropriate, for each of the three districts. The Sonoma Depot and Samuele Sebastiani Residential Historic Districts were recorded on DPR 523A (Primary) and DPR523D (District) records. These districts were evaluated for eligibility for listing in the California Register and designation at the local level. The Broadway Street Historic District was recorded on a DPR 523D (District) record to supplement the 2002 district documentation. It was not reevaluated, though the list of contributors was updated to account for changes since its initial evaluation. Draft DPR forms were shared with representatives of the City of Sonoma, Sonoma League for Historic Preservation, and Sonoma Valley Historical Society on December 9, 2021.
FINDINGS
Sonoma Depot Historic District
Description: The Sonoma Depot Historic District consists of a group of late 19th- and early 20thcentury commercial and residential buildings constructed in relation to the Sonoma Depot at 270 1st Street West. District contributors include seven single-family residential buildings in Folk Victorian and vernacular cottage styles, one two-story vernacular residential building, two commercial buildings (the Depot Hotel and Cooperage), and the reconstructed Sonoma Depot and surrounding open space.
Eligibility: The Sonoma Depot Historic District is eligible for listing in the California Register under Criterion 1 (Events), for its significance in the economic and social development of Sonoma. The district is also eligible for designation at the local level under City of Sonoma Criterion ‘a.’ Period of Significance: ca. 1890-1942
Context: Though the Depot building has been replaced by an accurate reconstruction and the formerly light industrial surroundings were developed as a city park, the grouping of buildings Agenda Item #5.1:
Sonoma Historic District Review [21094.1]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO
that include the former railroad property and adjacent homes and businesses together convey the period during which the Northern Pacific (later California Northwestern) Railroad operated between ca. 1890 and 1942.
Contributors:
• 205 1st Street West (APN 018 121 015)
• 225 1st Street West (APN 018 121 004)
• 241 1st Street West (APN 018 121 005)
• 248-270 1st Street West (APN 018 131 027, 024, and 004) • 277 1st Street West (APN 018 121 018)
• 289 1st Street East (APN 018 131 026)
• 291 1st Street East (APN 018 131 006)
• 298 1st Street West (APN 018 131 003)
• 299 1st Street West (APN 018 121 012)
• 301 Fist Street West (APN 018 161 017)
• 313 1st Street East (APN 018 162 025)
• Alignment of original rail tracks, running northwest to southeast, to the north of the depot building.
Figure 1. Sonoma Depot Historic District. District boundary outlined black. Contributing properties shaded dark blue. Source: City of Sonoma 2021, edited by Page & Turnbull.
Agenda Item #5.1:
Sonoma Historic District Review [21094.1]
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Samuele Sebastiani Residential Historic District
Description: The Samuele Sebastiani Residential Historic District contains a grouping of 18 modest single-family houses, landscape, and streetscape elements constructed between approximately 1920 and 1935 on 4th Street East, East Spain Street, and East Napa Street. The buildings exhibit a range of architectural styles, including Craftsman, Colonial Revival, and Spanish Colonial Revival styles.
Eligibility: The Samuele Sebastiani Residential Historic District is eligible for listing in the California Register under Criterion 1 (Events), for its significance in the residential development of Sonoma, as well as Criterion 2 (Persons), for its association with Samuele Sebastiani. The district is also eligible for designation at the local level under City of Sonoma Criteria ‘a’ and ‘b.’ Period of Significance: 1920-1935
Context: The Samuele Sebastiani Residential Historic District contains a collection of single-family residences that were constructed by prominent Sonoma winemaker and cannery owner Samuele Sebastiani as rental cottages in two main phases between 1920 and 1935, directly to the south of his winery and cannery. The district is highly cohesive in regard to building scale, typology, form, and relationship to the street.
Contributors:
• 402 4th Street East (APN 018 860 028)
• 439 4th Street East (APN 018 231 063)
• 440 4th Street East (APN 018 860 027)
• 447 4th Street East (APN 018 231 048)
• 450 4th Street East (APN 018 860 026)
• 457 4th Street East (APN 018 231 046)
• 460 4th Street East (APN 018 860 025)
• 465 4th Street East (APN 018 231 045)
• 472 4th Street East (APN 018 860 024)
• 473 4th Street East (APN 018 231 050)
• 484 4th Street East (APN 018 860 023)
• 494 4th Street East (APN 018 860 022)
• 481 San Lorenzo Court (APN 018 860 002)
• 392 East Napa Street (APN 018 231 063)
• 432 East Napa Street (APN 018 860 001)
• 342 East Spain Street (APN 018 181 020)
• 356 East Spain Street (APN 018 181 016)
• 366 East Spain Street (APN 018 181 013)
• Alleys at rear of properties
Agenda Item #5.1:
Sonoma Historic District Review [21094.1]
PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO
Figure 2. Samuele Sebastiani Residential Historic District, with contributing properties shaded dark blue.
Source: City of Sonoma Geographic Information System, 2021. Edited by Page & Turnbull.
Broadway Street Historic District
Description: The Broadway Street Historic District consists of a segment of Broadway between McDonell and MacArthur streets which was developed as a predominantly single-family residential area in the late 19th and early 20th centuries. The district retains a high concentration of one- and two-story residential buildings in Queen Anne, Folk Victorian, Colonial Revival, Craftsman, and vernacular styles. The majority of the 28 contributors were completed between ca. 1890 and 1920.
Eligibility: The Broadway Street Historic District is eligible for the National Register of Historic Places (National Register) under Criterion A (Events) for its association with the growth of Sonoma, and under Criterion C (Architecture/Design) for its representation of residential architectural styles.
Period of Significance: 1880-1930
Context: The residential section of Broadway immediately south of Sonoma’s commercial core developed in the decades after the Gold Rush as the town established its identity as a tourist Agenda Item #5.1:
Sonoma Historic District Review [21094.1]
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destination. The width of Broadway reflects the town’s early 19th-century plan, laid out under the direction of Mariano Guadalupe Vallejo, while the residences along its length reflect changing tastes in architecture from Victorian to Period Revival styles.
Contributors:
• 578 Broadway (APN 018 212 019)
• 620 Broadway (APN 018 302 019)
• 645 Broadway (APN 018 301 006)
• 662 Broadway (APN 018 301 008)
• 678 Broadway (APN 018 302 009)
• 681 Broadway (APN 018 303 021)
• 698 Broadway (APN 018 302 018)
• 725 Broadway (APN 018 351 025)
• 730 Broadway (APN 018 352 004)
• 735 Broadway (APN 018 351 018)
• 746 Broadway (APN 018 352 005)
• 752 Broadway (APN 018 352 006)
• 755 Broadway (APN 018 351 015)
• 762 Broadway (APN 018 352 007)
• 770 Broadway (APN 018 352 008)
• 771 Broadway (APN 018 351 023)
• 778 Broadway (APN 018 352 039)
• 779 Broadway (APN 018 351 007)
• 783 Broadway (APN 018 351 008)
• 786 Broadway (APN 018 352 043)
• 809 Broadway (APN 018 417 002)
• 822 Broadway (APN 018 412 006)
• 827 Broadway (APN 018 411 004)
• 830 Broadway (APN 018 412 031)
• 835 Broadway (APN 018 411 022)
• 843 Broadway (APN 018 411 013)
• 846 Broadway (APN 018 412 032)
• 853 Broadway (APN 018 411 020)
Agenda Item #5.1:
Sonoma Historic District Review [21094.1]
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Figure 3. Broadway Street Historic District. District boundary outlined in black. Contributing properties with unchanged status since 2002 are shaded dark blue. Contributing properties added in 2021 are shaded red.
Formerly contributing properties removed in 2021 are shaded yellow. Sonoma Plaza Historic District boundary dashed white. Source: City of Sonoma 2021, edited by Page & Turnbull.
Agenda Item #5.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Mar 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director, Kristina Tierney,
Associate Planner
Agenda Item Title
Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal to Add Sections 19.41 – Related to Ministerial Residential Projects in Residential Zoning Districts and Section 19.72 – Related to Ministerial Parcel Maps for Urban Lot Splits and Finding this Action is not a Project Under Division 13 (Commencing with Section 21000) of the Public Resources Code
Summary
On December 15, 2021, the Sonoma City Council unanimously adopted an Urgency Ordinance governing implementation of Senate Bill 9 (SB 9) in the City of Sonoma. SB 9 allows a local agency to impose objective zoning, design, and subdivision standards unless those standards would have the effect of physically precluding the construction of two residential units on either of the resulting parcels or physically precluding either of the two units from being at least 800 square feet in floor area. The bill also requires that any rental units developed under these regulations be rented for more than 30 consecutive days and applicants of urban lot splits must sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
The Urgency Ordinance was presented to the Planning Commission on December 2, 2021, for comment and direction to staff, and the Planning Commission unanimously recommended approval to City Council. The Urgency Ordinance added two sections to the Sonoma Municipal Code (SMC) Title 19, including Sections 19.41 and 19.72 and was effective on December 15, 2021.
Staff is returning to City Council for introduction of a Regular Ordinance, which would supersede the Urgency Ordinance. The Planning Commission reviewed the proposed Regular Ordinance at its meeting on February 10th, 2022 and unanimously recommended the Regular Ordinance with one modification to Section 19.41.150 (Objective Development Standards). The Planning Commission recommended that Section 19.41.151 (7) be amended to remove the following sentence:
"any part of the building of one unit may not be closer than 6 feet to the nearest part of the other dwelling building".
This section has been removed from the ordinance before City Council. Following introduction of the Regular Ordinance on March 2, 2022, it would be considered for adoption on March 16, 2022 and would take effect 30 days after on April 15, 2022. The Urgency Ordinance would be in effect until a Regular Ordinance becomes effective.
Recommended Council Action
Agenda Item #5.2:
Introduce an Ordinance Amending the Sonoma Municipal to Add Sections 19.41 – Related to Ministerial residential projects in Residential Zoning Districts and Section 19.72 – Related to Ministerial Parcel Maps for Urban Lot Splits and Finding this Action is not a Project Under Division 13 (Commencing with Section 21000) of the Public Resources Code.
Alternative Actions
Council discretion.
Financial Impact
None, other than the time necessary for staff to prepare this report and the accompanying ordinance.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Sonoma SB 9 - Regular ordinance CC March 2 clean SC
Agenda Item #5.2:
1 274744.1
City of Sonoma
ORDINANCE #_____ - 2022
AN ORDINANCE AMENDING THE SONOMA MUNICIPAL CODE TO
ADD SECTIONS 19.41 – RELATED TO MINISTERIAL RESIDENTIAL PROJECTS IN RESIDENTIAL ZONING DISTRICTS AND SECTION 19.72 – RELATED TO MINISTERIAL PARCEL MAPS FOR URBAN LOT
SPLITS AND FINDING THIS ACTION IS NOT A PROJECT UNDER
DIVISION 13 (COMMENCING WITH SECTION 21000) OF THE PUBLIC
RESOURCES CODE
WHEREAS, Senate Bill 9 was enacted on September 16, 2021, and became effective January 1, 2022. The State of California, by the enactment of Senate Bill 9, mandates cities and counties to allow, by ministerial action, the construction of up to two-dwelling units on a parcel and/or the division of an existing parcel into two-parcels where proposed within a single-family residential zone. Upon passage of Senate Bill 9 the Sonoma Planning and Community Services Department has received numerous inquiries from members of the public seeking guidance on Sonoma’s permitting requirements, review procedures, and regulations to implement the Bill; and
WHEREAS, the Sonoma Municipal Code (SMC) regulates the development and subdivision of properties located in single-family residential zones. The permit requirements, review procedures, development standards, and subdivision regulations currently applicable to properties in single-family residential zones are focused primarily on the development of one single-family dwelling per parcel based on a defined minimum lot size and subject to specific height, building coverage, floor area ratio, and setback areas among other requirements. These permit requirements, review procedures, development standards, and subdivision regulations were not specifically designed to address the unique legal and practical issues that arise in connection with allowing two dwelling units to be constructed on a single parcel intended for development with one single-family dwelling or the subdivision of an affected property into two smaller parcels under the otherwise adopted minimum lot size; and
Agenda Item #5.2:
2 274744.1
WHEREAS, Senate Bill 9 offers cities and counties the option of adopting local ordinances to implement the provisions of the Bill, including the application of objective standards; and
WHEREAS, Senate Bill 9 stipulates that agencies must ministerially review proposals thereunder and specifies the minimum dwelling size, side and rear yard setbacks, and lot area an agency must accept, but otherwise does not specify any particular permit process or provide the customary development standards used to regulate the location and design of new residential dwellings, including maximum building height, floor area ratio, and building coverage to the benefit of public peace, health, and safety; and
WHEREAS, adoption of this Ordinance is consistent with the goals, policies, and actions of Sonoma General Plan, would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, and is internally consistent with other applicable provisions of the City’s development code for the reasons expressed in this Ordinance, the accompanying staff reports, and other substantial evidence presented; and
WHEREAS, adoption of this Ordinance is not a Project subject to the requirements of the CEQA pursuant to Government Code sections 65852.21(j) and 66411.7(n); and
WHEREAS, the proposed Ordinance was reviewed by the Planning Commission at a duly noticed public hearing on February 10, 2022; and WHEREAS, the proposed Ordinance was introduced by the Sonoma City Council on March 2, 2022.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: RECITALS
The above recitals are hereby declared to be true and correct and represent the findings of the City Council made in exercise of its independent judgement.
Agenda Item #5.2:
3 274744.1
SECTION 2: MUNICIPAL CODE AMENDMENTS
The Sonoma Municipal Code is hereby amended by adding Chapter 19.41 and Chapter 19.72, as follows:
Chapter 19.41
TWO-UNIT RESIDENTIAL DEVELOPMENT PROJECTS IN SINGLE
FAMILY ZONES
Sections:
19.41.010 Purpose and Land Use, Zoning and Density.
19.41.020 Definitions
19.41.030 Planning Permit & Application Requirements
19.41.040 Review Procedures & Action
19.41.050 Maximum Number of Units
19.41.060 Building Code
19.41.070 Easements.
19.41.080 Minimum Rental Period
19.41.090 Deed Restriction
19.41.100 Development Impact Fees
19.41.110 Time Limits & Extensions
19.41.120 Prohibitions
19.41.130 General Requirements
19.41.140 Restrictions
19.41.150 Objective Development Standards
19.41.160 Violations and Enforcement
Agenda Item #5.2:
4 274744.1
19.41.010 Purpose and Land Use, Zoning and Density.
A. The intent of this Chapter to provide the opportunity for the development of two residential units on one legal parcel in the following Residential Zoning Districts in the City, consistent with state law and local regulations: R-R (Residential – Rural) District, R-L (Residential – Low Density) District, R-S (Residential – Sonoma) District, and R-HS (Residential – Hillside) District. In the event of an inconsistency between this Chapter and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail.
B. Two-unit residential developments are a permitted residential use only on parcels zoned: R-R (Residential – Rural) District, R-L (Residential – Low Density) District, R-S (Residential – Sonoma) District, or R-HS (Residential – Hillside) District.
C. Two-unit residential developments are not subject to the density requirements of the Sonoma General Plan or this code applicable to properties zoned R-R (Residential – Rural) District, R-L (Residential – Low Density) District, R-S (Residential – Sonoma) District, or R-HS (Residential – Hillside) District.
19.41.020 Definitions
The definitions below shall apply to the following terms used herein:
A. Car Share Vehicle shall mean a vehicle available for sharing located in a car share vehicle facility approved by the City.
B. Car Share Vehicle Facility shall mean a facility of fixed location approved by the City to permit the storage, pick-up, and drop-off of a car share vehicle.
C. Existing Structure or Existing Unit shall mean an existing permitted or otherwise legal single-family dwelling or accessory dwelling unit.
D. Two Unit Residential Development or Project shall mean a housing development consisting of no more than two dwelling units, including a development which entails adding one new unit to an existing unit, which are developed using the provisions of this Chapter and the provisions set forth in California Government Code sections 65852.21 and/or 66411.7.
19.41.030 Planning Permit & Application Requirements
Agenda Item #5.2:
5 274744.1
A. Two Unit Residential Permit Required. A proposal to construct a two-unit residential development shall be subject to first obtaining a Two Unit Residential Permit (sometimes referred to as a Two Unit Permit).
B. Application Submittal Requirements. The submittal requirements for a Two Unit Residential Permit application shall be established by separate policy published by the Planning Director (Director). Upon establishment of such submittal requirements, all applicants for a Two Unit Residential Permit must comply with the procedures set forth in the Director’s policy.
C. In addition to obtaining a Two Unit Permit, the applicant shall be required to obtain a building permit, tree removal permit if applicable, and other applicable construction permits prior to the construction of the dwelling units which are the subject of the Two Unit Permit.
19.41.040 Review Procedures & Action
A. Completeness Review. The Director or designee shall determine whether the application for a Two Unit Permit is complete pursuant to the requirements of Government Code Section 65943.
B. Objective Standard Consistency. The Director or designee shall provide an applicant for a Two Unit Permit with written documentation identifying any inconsistencies with the objective standards applicable to two-unit residential developments within 30-days of determining the application is complete.
C. Ministerial Action. The Director or designee shall render a ministerial decision without a public hearing on a Two Dwelling Unit Permit application upon such application being deemed complete. Notwithstanding anything to the contrary set forth in this code, the Director’s, or designee’s action to grant or deny an application for a Two Unit Permit is final and not subject to appeal.
19.41.050 Maximum Number of Units
A two-unit residential development shall include no more than two dwelling units on a single parcel, namely, a development that proposes no more than two new units or proposes to add one new unit to one existing unit. New dwelling units proposed as part of a two-unit residential development must be primary dwelling Agenda Item #5.2:
6 274744.1
units. New accessory dwelling units (ADU’s) and new junior accessory dwelling units (JADU’s) are not permitted.
19.41.060 Building Code
All local and state building code provisions applicable to dwelling units shall apply to two-unit residential developments. A two-unit residential development shall meet all building code provisions necessary to accommodate separate conveyance of the subject dwelling units.
19.41.070 Easements
Dwellings in a two-unit residential development shall not encroach on any easement.
19.41.080 Minimum Rental Period
Dwelling units in a two-unit residential development shall not be rented for a period of less than six (6) months.
19.41.090 Deed Restriction
A deed restriction, signed by the property owner(s) of record and the Director or designee, shall be recorded with the Sonoma County Recorder's office, listing the restrictions and limitations applicable to two-unit residential developments as identified below. Said deed restrictions shall be recorded prior to the issuance of a certificate of occupancy for the two-unit residential development and run with the land, and shall be binding upon any future owners, heirs, or assigns. The deed restrictions shall state:
1. The two-unit residential dwellings shall not be sold separately unless an urban lot split is approved pursuant to Government Code Section 66411.7 and Chapter 19.72 which lot split results in each said dwelling unit occupying a different lot;
2. The dwelling units shall not be rented for a period of less than six (6) consecutive months and termination of a tenancy shall not occur prior to expiration of at least one, six (6) month rental period by the same tenant; and
3. The restrictions shall be binding upon any successor in ownership of the property, may be enforced by the City and lack of compliance with any provisions of Chapters 19.41 or 19.72 can result in legal action against the Agenda Item #5.2:
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property owner, including revocation of any right to maintain two dwelling units on the property.
19.41.100 Development Impact Fees
Two-unit residential developments shall be subject to paying development impact fees.
19.41.110 Time Limits & Extensions
A Two Unit Permit granted pursuant to this Chapter shall be subject to the time limits and extensions of time specified in Sonoma Municipal Code, Chapter
19.56. 19.41.120 Prohibitions
A two-unit residential project shall not be permitted under this Chapter in any of the following circumstances:
1. The parcel on which the project is located is in a wetlands; a. The proposed development would require demolition or alteration of any of the following types of housing:
b. housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes.
c. a rent-controlled unit; or a unit that has been occupied by a tenant within the past three years;
2. The parcel on which the project is located is located in a very high fire severity zone, unless the project meets fire hazard mitigation measures pursuant to existing building standards and state fire mitigation measures applicable to the development;
3. The parcel on which the project is located is located on a hazardous waste site, unless the site has been cleared by the State for residential use;
4. The parcel on which the project is located is located in Alquist-Priolo Earthquake Fault Zones, unless the development complies with applicable seismic protection building code standards;
5. The parcel on which the project is located is located in a Special Flood Hazard Area (SFHA), unless a FEMA Letter of Map Revision or Map Agenda Item #5.2:
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Amendment has been issued by FEMA to the City for the project location or the site meets the Flood Damage Prevention Regulations contained in Chapter 14.25 of the City of Sonoma Municipal Code and the minimum requirements of the Federal Emergency Management Agency’s National Flood Insurance Program;
7. The parcel on which the project is located includes lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement;
8. The project is located in an historic district, property or structure designated pursuant to a local ordinance or included on the State Historic Resources Inventory or City of Sonoma’s Local Inventory of Historic Resources.
Without limiting the generality of the foregoing, two-unit residential developments are not permitted in the following City historic districts or areas: Historic overlay district; Broadway corridor district; Plaza district; Historic train district; Sebastiani cottage district; on parcels identified on the City’s local historic resources list; and other historic districts defined as historic;
9. The proposed development would require demolition or alteration of any of the following types of housing:
a. housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;
b. a rent-controlled unit;
c. a unit that has been occupied by a tenant within the past three years; or d. housing units removed from the rental market within the past 15 years under the Ellis Act;
10. The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years; and/or
11. The Director finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided.
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19.41.130 General Requirements
A proposed two-unit residential project shall comply with the following requirements:
1. The applicable Flood Damage Prevention Regulations contained in Chapter
14.25 of the City of Sonoma Municipal Code.
2. Development adjacent to a creek shall comply with SMC 19.40.020 (Creekside development). Construction of a two-unit project shall maintain a minimum 30-foot setback from the top of a creek bank (Nathanson Creek or Fryer Creek), except along Sonoma Creek, where a 50-foot setback shall be required. Additional setback dimensions or areas may be necessary to protect sensitive environmental resources (e.g., vernal pools). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space. The applicant shall provide the Building Department with all applicable permits from outside agencies, that may include, but not be limited to, the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, The Army Corps of Engineers, State Water Resources Control board and/or U.S. Fish and Wildlife Service when requested by the Building Official.
3. A permanent address that complies with Fire District standards is required for each dwelling unit.
4. The project shall comply with the applicable regulations contained in the California Building Standards Code as amended and adopted by the City of Sonoma.
5. Prior to issuance of a building permit for the construction of a two-unit residential project, the municipal water utility shall verify water service availability for the parcel. The project shall be connected to and served by the municipal water utility system prior to final inspection approval of the project.
6. Prior to issuance of a building permit for the construction of a two-unit residential project, the public sewer system utility shall verify public sewer service availability for the parcel. The project shall be connected to and served by the public sewer system prior to final inspection approval of the project.
7. Any two-unit residential project legally created shall be governed by the Zoning regulations in effect at the time of approval.
19.41.140 Restrictions
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A two-unit residential development shall be subject to the following restrictions:
1. The development and use of dwelling units in two-unit residential projects shall only be valid if in conformance with this Chapter and permitted under this Chapter.
2. Any owner wishing to modify the number of units in an approved two-unit residential development must request termination of the use of one or more of the dwelling units using the procedures set forth in this Chapter and satisfy all zoning and development standards such as setbacks, floor area and lot coverage.
3. If a basement is included in the design and construction of a dwelling unit which is the subject of a Two Unit Permit, the square footage of the basement shall be included in the calculation of the total floor area permitted under this Chapter.
4. Roof decks are not allowed in a two-unit residential development governed by this Chapter.
5. The creation of flag lots to accommodate a two-unit residential project is prohibited.
19.41.150 Objective Development Standards
General Requirements. Two-unit residential developments are subject to the development standards in this section as adopted and amended from time to time. In addition, two-unit residential projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Chapter.
Notwithstanding the above, if the application of an objective standard would have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single parcel, compliance with that objective standard shall be waived.
1. Allowed Uses. The only uses allowed on parcels on which two-unit residential development is permitted and, in the units, created under a two-unit residential development shall be residential uses.
2. Minimum Lot Size. The minimum size of any parcel on which a two-unit residential development is permitted is 1,200 square feet.
3. Maximum Floor Area. The total combined square footage of dwelling units built on each parcel subject to this Chapter shall conform to the floor area ratio Agenda Item #5.2:
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of the base zoning district or 1,600 square feet whichever is greater. However, if the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area.
4. Height. Each unit of a two-unit residential development shall have only one story. The maximum height of the one-story unit shall be 18 feet above finished grade, measured from finished grade to the highest point of the roof.
If application of an objective standard would have the effect of physically precluding a unit from being built on the parcel as a one-story structure, a twostory unit shall be allowed. The height of that two-story structure shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed 8 feet.
5. Site Coverage. Maximum site coverage for a two-unit residential development shall be that specified for the zoning district in which the twounit residential project is located. “Site coverage” means the percentage of total site area occupied by structures (including but not limited to the residential units, garage, all accessory buildings, and decks over 18 inches above grade), and areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.
6. Setbacks. Setbacks from the side and rear lot property lines shall be no less than four feet, except in the case of existing structures or structures constructed in the same location and to the same dimensions as an existing structure. Double frontage (lots that abut two, non-intersecting and different streets) and corner lots (lots abut two streets where they intersect) shall use the following criteria to determine the location of the lots’ rear and side yards:
a) Double frontage lots: For double frontage lots, the exterior front yard shall be that part of the lot that fronts on either one of the two streets, and which contains the driveway and/or to which the front door faces. In those instances where the driveway is contained on a portion of the lot that fronts one street and the front door faces the other street, the owner may select either frontage of the lot as the front yard, and the opposite frontage shall be considered the rear yard. Where both the driveway is contained on the portion of the lot to Agenda Item #5.2:
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which the front door faces, that portion shall be considered the front yard and the opposite frontage shall be considered the rear yard. b) Corner lots: For corner lots, the exterior front yard shall be that part of the lot that fronts on either one of the two streets, and which contains the driveway and/or to which the front door faces. In those instances where the driveway is contained on a portion of the lot that fronts one street and the front door faces the other street, the owner may select either frontage of the lot as the front yard, and the other frontage shall be considered the side yard. Where both the driveway is contained on the portion of the lot to which the front door faces, that portion shall be considered the front yard and the other frontage shall be considered the side yard.
7. Building Form.
a. Dwelling units in a two-unit residential development shall include permanent provisions for living, eating, and sleeping, including a kitchen and bedroom closet or other storage.
b. Dwelling units in a two-unit residential development shall have separate exterior entries facing the street.
c. A permanent foundation for each dwelling unit in a two-unit residential development and attached accessory uses shall be required.
8. Off-Street Parking.
a. One covered off-street parking space is required per dwelling unit in a twounit residential project.1 b. The location of the required parking space(s) shall not obstruct the required parking of each dwelling unit and shall be a minimum of 20 feet in length and 10 feet in width.
c. Tandem parking is prohibited. Each unit must have its own parking space which can be accessed without crossing over or encroaching upon the other unit’s parking space.
9. Landscaping.
1 Unless the parcel is located within one-half mile (walking distance) of a high-quality transit corridor as defined in subdivision (b} of Section 21155 of the Public Resources Code or major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel, in which cases no on-site parking space shall be required.
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a. Street trees shall be planted in the City’s right of way, along the property frontages. All street trees (including their spacing, size, type, and quantity) shall be consistent with the City’s Tree Planting Program, including the Master Tree List.
b. Each parcel on which a two-unit residential project is permitted shall feature landscaped front yards with mature trees (minimum of 3 trees, each of 15- gallon size) and other shrubs (minimum of 10 shrubs, each of 5-gallon size). c. A complete application for a Two Unit Residential Permit shall include a Water Conservation Plan, which said plan is subject to the approval of the City Engineer. The Plan shall include conservation measures for indoor and outdoor water use and shall be consistent with the City's water conservation and landscape efficiency ordinances and policies.
d. A complete application for a Two Unit Residential Permit shall include a landscape plan which must comply with the City’s Water Efficient Landscaping Ordinance (SMC §14.32) and Development Code Sections
19.40.100 (Screening and Buffering), 19.46 (Fences, Hedges, and Walls),
19.40.070 (Open Space for Multi-Family Residential Projects), and
19.40.060 (Landscape Standards).
10.Outdoor/Common Space.
a. Each two-unit residential development shall include 300 square feet of common shared exterior open space for each unit, for a total of 600 square feet of area not occupied by structures, parking spaces or driveways and available for use by the occupants of both dwelling units. b. Each two-unit residential development shall include 75 – 225 square feet of private exterior open space for each dwelling unit, for the use and enjoyment of the residents of the unit for which the open space is provided.
11.Utilities. Private underground utility services, including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a two-unit residential development.
All dwelling units in a two-unit residential development must be able to connect and shall connect to municipally supplied water, sewer, gas, and electricity services. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a twounit residential project shall be installed underground. Equipment appurtenant to underground facilities, including surface-mounted transformers, pedestalAgenda Item #5.2:
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mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground.
12.Affordable Housing.
a. A complete application for a Two Unit Residential Permit shall include a separate statement, signed by the applicant or owner of the parcel for which the two-unit residential project is proposed stating whether each new dwelling unit will be an ownership or rental unit.
b. The owner of each newly created unit in a two-unit residential project shall enter into an Affordable Housing Agreement (AHA), in a form approved by the Director and City Attorney, assuring the continued affordability of each unit in perpetuity. Affordable rental units shall include a management and maintenance plan (addressing issues including but not limited to tenant screening; warning and eviction procedures; use and maintenance of patios, decks, and other outdoor areas; quiet time; and the long-term maintenance of buildings and landscaping). The AHA must be executed and recorded prior to the issuance of any building permits pertinent to the two-unit residential project.
i. Units held out for rent shall be affordable to households in the low-income category based upon the Sonoma County area median income levels. ii. Units that are proposed to be owned shall be affordable to households in the moderate-income category based upon the Sonoma County area median income levels.
19.41.160 Violations and Enforcement.
It is unlawful for any person to violate any provision of this Chapter. Violations are subject to the enforcement penalties and procedures of Chapters 19.90 (Development Code Enforcement) and 1.30 (Administrative Penalties) of this code.
The remedies provided therein are cumulative.
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Chapter 19.72
PARCEL MAPS FOR URBAN LOT SPLITS
Sections:
19.72.010 Purpose and Scope
19.72.020 Parcel Map & Application Requirements
19.72.030 Parcel Eligibility
19.72.040 Subdivision Regulations
19.72.050 Development Standards
19.72.060 Maximum Number of Dwelling Units Permitted
19.72.070 Owner Occupancy Required
19.72.080 Minimum Rental Period
19.72.090 Nonconforming Zoning Conditions
19.72.100 Separate Sale or Conveyance
19.72.110 Building Code
19.72.120 Additional Information on Parcel Map for Urban Lot Splits
19.72.130 Objective Subdivision Standards
19.72.140 Access Easement Standards
19.72.150 Map Requirements
19.72.160 Prohibition of Further Subdivision
19.72.010 Purpose and Scope
A. This Chapter implements California Government Code section 66411.7 to provide an owner of a parcel zoned for single-family residential use a method to subdivide the parcel to accommodate the construction of two-unit residential development provided under Chapter 19.41.
B. Definitions
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1. Nonconforming Zoning Condition means a physical improvement on a property that does not conform with current zoning standards.
2. Parcel Map shall have the same meaning as defined in SMC Chapter 19.64.
3. Two Unit Residential Development or Project shall have the same meaning as this term is defined in Chapter 19.41.
4. Urban Lot Split shall be defined as a subdivision involving the division of an existing parcel in a single-family residential zone into no more than two parcels.
C. Land Use, Zoning, & Density
1. Land Use. Parcels created by an urban lot split shall only be developed with and used for two-unit residential developments pursuant to the standards and requirements of Chapter 19.41 and all applicable provisions of this code.
2. Zoning. Urban lot splits shall only be permitted for parcels located in the following zoning districts: R-R (Residential – Rural) District, R-L (Residential – Low Density) District, R-S (Residential – Sonoma) District, and R-HS (Residential – Hillside) District.
3. Density. Urban lot splits are not subject to the density requirements of the Sonoma General Plan or this code.
19.72.020 Parcel Map & Application Requirements
A. Parcel Map Required. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code Section 66410 et. seq.) and Chapter 19.64 of this code.
B. Two Unit Permit Application Also Required. At the time that an application for an urban lot split is filed with the City, the applicant must also file with the City an application for a Two Unit Permit in accordance with Chapter
19.41 in which the applicant must set forth the two-unit residential development projects which the applicant proposes to develop on each of the two parcels proposed to be created by the urban lot split.
C. Completeness Review. The City Engineer or designee shall determine whether the parcel map application for an urban lot split is complete pursuant to the requirements of Government Code Section 65943.
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D. Objective Standard Consistency. The Planning Director or designee shall provide an applicant for an urban lot split with written documentation identifying any inconsistencies with the objective standards applicable to the urban lot split within 30-days of the application being determined or deemed complete.
E. Ministerial Action. The City Engineer or designee shall render a ministerial decision without a public hearing on a parcel map application for an urban lot split upon such application being deemed complete. The City Engineer shall approve a parcel map for an urban lot split if the Engineer determines that it meets all of the requirements of this Chapter. Notwithstanding anything to the contrary set forth in this code, the City Engineer’s, or designee’s action to grant or deny a parcel map application for an urban lot split is final and not subject to appeal.
F. Building Permit Issuance. A building permit for development on an urban lot split shall not be issued until after the urban lot split parcel map is recorded with the County Recorder’s Office.
G. Denial if Impacts. The application for an urban lot split may be denied if the Planning Director finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided.
H. Preparation and Fee. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Chapter and submitted for approval to the City Engineer.
I. Time Limit & Extension. A parcel map approved pursuant to this Chapter that is not recorded within 24-months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the Planning Director or designee.
19.72.030 Parcel Eligibility.
An urban lot split shall be allowed on parcels located in the single-family residential zones listed under subsection 19.72.010(C)(2) above, except where:
1. The subject parcel meets one or more of the criteria specified in Government Code Section 65913.4(a)(6)(B) to (K);
2. The parcel is located within a historic district or property described in Section
19.41.120(8) of this code;
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3. The subject parcel was established through prior exercise of an urban lot split pursuant to Government Code Section 66411.7;
4. The owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in Government Code Section 66411.7. For purposes of this Chapter, “any person acting in concert” with the owner includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner; and/or
5. The urban lot split would require the demolition or alteration of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
c. Housing that has been occupied by a tenant in the last three years; or d. The subject parcel is a property on which its owner has exercised his/her/its rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date of submitting an application for a parcel map to create an urban lot split.
19.72.040 Subdivision Regulations
A parcel map for an urban lot split shall be subject to all applicable, objective subdivision standards stipulated in Chapters 19.60-19.71 of this code, with the exception of those standards requiring right-of-way dedications and off-site subdivision improvements.
19.72.050 Development Standards
A parcel map for an urban lot split shall be subject to all objective development standards stipulated in this code, with the exception of those standards requiring right-of-way dedications and off-site subdivision improvements.
19.72.060 Maximum Number of Dwelling Units Permitted.
A maximum of two dwelling units shall be permitted on each parcel created by an urban lot split. Such units shall consist of two, primary, single-family dwelling units.
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New accessory dwelling units and new junior accessory dwelling units shall not be permitted.
19.72.070 Owner Occupancy Required
The owner of a parcel being subdivided pursuant to Government Code 66411.7 shall sign an affidavit stating his/her/its intent to occupy one of the housing units existing or constructed as part of the two-unit residential development as his/her/its principal residence for a minimum of three years from the date of approval of the parcel map for the urban lot split.
19.72.080 Minimum Rental Period
Any dwelling unit located on a parcel created by virtue of an urban lot split that is offered for rent shall not be rented for a period of less than six (6) months.
19.72.090 Nonconforming Zoning Conditions
Notwithstanding any contrary provisions of this code, the approval of an urban lot split parcel map shall not be contingent on the correction of any existing nonconforming zoning condition.
19.72.100 Separate Sale or Conveyance
The dwelling units on parcels created through an urban lot split can be separately sold or conveyed. Accordingly, the dwelling units proposed on such parcels shall be designed to allow separate conveyance.
19.72.110 Building Code
All local and state building code provisions applicable to dwelling units shall apply to two-unit residential developments. A two-unit residential development shall meet all building code provisions necessary to accommodate separate conveyance of the subject dwelling units.
19.72.120 Additional Information on Parcel Map for Urban Lot Splits The following supplemental information is required to be submitted with a parcel map for an urban lot split.
1. The parcel map shall be 24 inches by 36 inches in size, be drawn to scale with the scale indicated on the parcel map and shall show and specify the following information:
a. Total area (in acreage and square feet) of the existing and each proposed lot;
b. Location and dimensions of existing and proposed property lines; c. Zoning District;
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d. The location and use of all existing and proposed structures; e. The location of all existing water wells and septic systems; f. All required zoning setbacks for the existing and proposed lots; g. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
h. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
i. The location of any proposed easements for flood control, access, or public utilities to serve a lot created by the subdivision;
j. The location and species of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;
k. Any area of the parcel that has a slope of 25% or greater by way of contours at 5-foot intervals;
l. Any area of the parcel that is a watercourse;
m. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; n. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
o. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);
p. Location of existing or proposed pedestrian pathway access to the public right of way; and
q. Open space areas required under Chapter 19.41.
2. A statement of the owner, signed under penalty of perjury under the laws of California, that:
a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
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ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. iv. Housing that has been occupied by a tenant in the last three years. v. The parcel has not been established through prior exercise of an urban lot split under this Chapter;
vi. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Chapter;
vii. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map; viii. Rental terms of any unit created by the subdivision shall not be less than six (6) consecutive months, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one six (6) consecutive months’ occupancy by the same tenant; and
ix. The uses allowed on a lot created by the parcel map shall be limited to residential uses.
19.72.130 Objective Subdivision Standards
Urban lot splits are subject to the objective subdivision standards in this section as adopted and amended from time to time. Urban lot splits shall conform to all objective zoning, subdivision, and design standards applicable to the residential zoning district in which the parcel subject to the urban lot split is located and Chapter 19.41, except as expressly provided in this Chapter.
A. Maximum Floor Area. The total combined square footage of dwelling units built on each parcel subject to this Chapter shall conform to the floor area ratio of the base zoning district or 1,600 square feet whichever is greater; provided, however, that if the application of an objective subdivision standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent Agenda Item #5.2:
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necessary to allow construction of the affected unit(s) of a maximum size of 800 square feet in floor area.
B. Height. Each unit of a two-unit residential development shall have only one story. The maximum height of the one-story unit shall be 18 feet above finished grade, measured from finished grade to the highest point of the roof. If application of an objective subdivision standard would have the effect of physically precluding a unit from being built on the parcel as a one-story structure, a two-story unit shall be allowed. The height of that two-story structure shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, the plate height on any new second story shall not exceed 8 feet.
C. Parcel Design and Improvements
1. An urban lot split parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of an urban lot split:
a. Areas of a lot that are a watercourse, which consists of that portion of the creek, stream or watercourse located within the tops of its banks. b. Areas of lots that contain slopes greater than 25%.
c. Areas of lots that contain wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
2. Each parcel must be served by not less than one separate water service meter connected to the municipal water system and not less than one separate connection to the public sewer system.
3. Each parcel shall drain to the street or to a developed drainage easement.
4. Easements shall be granted to the City for access along all natural watercourses as necessary for flood control, maintenance, and improvement purposes.
5. Lot Lines: A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map;
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b. A structure designated as a historic structure or a candidate structure under any City ordinance or included on the State Historic Resources Inventory or listed on the City of Sonoma’s local inventory of historic resources;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or
d. If the resulting lot would create a developable area that would interfere with the use of an existing easement for its intended purpose.
6. Accessory structures requiring a building permit shall not be permitted on lots created from urban lot splits.
7. Bioretention/infiltration systems shall be at least 4 percent the size of the total size of new impervious surfaces.
D. Lot Lines: The location and orientation of new lot lines shall meet the following standards:
1. Front lot lines shall conform to the minimum public street frontage requirements of the development code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.
2. Each parcel shall have approximately equal lot width and lot depth. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.
3. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the lines should be straight where possible but may follow the appropriate course if necessary.
4. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.
5. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.
6. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of Agenda Item #5.2:
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slopes etc.) or at locations which clearly separate existing and proposed land uses.
7. Lot lines shall be contiguous with existing zoning boundaries.
8. The placement of lot lines shall not result in an existing accessory building or existing accessory use on a lot without a main building or primary use on the same lot.
9. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, open yard, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.
19.72.040 Access Easement Standards
A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
1. Vehicle access easements serving a maximum of two units shall meet the following standards:
a. Easement width shall be a minimum of 12 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in this Title.
b. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
c. No residential structure shall be closer than 3 feet to the vehicle access easement.
d. A minimum unobstructed clearance height of 15 feet shall be maintained above vehicle lanes and parking spaces.
2. Vehicle access easements serving three to four units shall meet the following standards:
a. Easement width shall be a minimum of 20 feet;
b. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
Agenda Item #5.2:
25 274744.1
c. No residential structure shall be closer than 5 feet to the easement. d. A minimum unobstructed clearance height of 15 feet shall be maintained above vehicle lanes and parking spaces.
3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required.
4. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
a. Easement width shall be a minimum of 4 feet.
5. Vehicle access easements shall not be located closer than 25 feet to an intersection.
6. Access and provisions for fire protection (including turnouts) consistent with the California Fire Code shall be provided for all structures served by an access easement.
7. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, and the parking design standards in this code.
19.72.150 Map Requirements
A. The content and form of an urban lot split parcel map shall meet all the requirements of Government Code sections 66444 – 66450.
B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
C. The parcel map shall indicate all private underground utility services and facilities, including gas, electricity, cable TV and telephone.
D. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
E. The parcel map shall contain a declaration that:
1. Each lot created by the parcel map shall be used solely for residential dwellings;
Agenda Item #5.2:
26 274744.1
2. That no more than two, new primary residential dwelling units may be permitted on each lot. No new accessory dwelling units and no new junior accessory dwelling units are permitted on either lot.
3. That rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
4. That each new dwelling unit permitted to be constructed on the lots must be rented to a low-income household or owned by moderate-income households based upon the Sonoma County area median income levels, which said obligation is memorialized in a separate instrument to be recorded against the title of the lot.
19.72.160 Prohibition of Further Subdivision
A lot created by a parcel map under this Chapter shall not be further subdivided.
SECTION 3: Cost Recovery Agreement, Deposits, and Fees
Applications for a Two Residential Unit Permit and a parcel map for an urban lot split shall be accompanied by an executed cost recovery agreement and deposits and fees required for such permits as established by the Sonoma City Council by resolution.
SECTION 4: California Environmental Quality Act. This Ordinance is not a project subject to the requirements of CEQA pursuant to Government Code 65852.21 (j) and 66411.7(n).
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.
SECTION 6. Effective Date and Duration. This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 7. Posting. This Ordinance shall be published in accordance with applicable provisions of law, by either:
Agenda Item #5.2:
27 274744.1
Publishing the entire Ordinance once in a newspaper of general circulation, published in the City of Sonoma, within fifteen (15) days after its passage and adoption, or
Publishing the title or appropriate summary in a newspaper of general circulation, published in the City of Sonoma, at least five (5) days prior to adoption, and a second time within fifteen (15) days after its passage and adoption with the names of those City Councilmembers voting for and against the Ordinance.
PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the 16 day of March, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Jack Ding, Mayor
ATTEST:
Rebekah Barr, MMC, City Clerk
Approved as to form:
City Attorney of the City of Sonoma
I HEREBY CERTIFY that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Sonoma, Sonoma County, California, at a meeting thereof, held on the 16th day of March, 2022, by the following vote, to wit:
AYES:
NOES:
Agenda Item #5.2:
28 274744.1
ABSTAIN:
ABSENT:
Rebekah Barr, MMC, City Clerk
Agenda Item #5.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 02 Mar 2022
Department
Administration
Staff Contact
David A. Storer, AICP, Director
Sue Casey, Acting City Manager
Agenda Item Title
Discuss, Consider and Provide Direction to Staff on the Purpose, Composition, and Duties and Responsibilities of the Community Services and Environment Commission (CSEC) as found in the Sonoma Municipal Code Chapter 2.48 and the Scope of the Tree Committee’s Authority found in Chapter 12.08 of the Sonoma Municipal Code Summary
On September 10, 2021, the City Council conducted its annual retreat to discuss priorities and goals for the upcoming year. One of the priorities for Council was to review the roles and responsibilities of City Commissions and Committees. Specifically, the Council wanted to reevaluate the Design Review and Historic Preservation Commission (DRHPC), Community Service and Environment Commission (CSEC), Traffic Safety Committee, and the Tree Committee. At the retreat, the City Council also directed staff to schedule a joint meeting with the CSEC to discuss, among other things, the roles, and responsibilities of the CSEC. A meeting was scheduled for October 13, 2022, but due to a lack of quorum of CSEC members, the meeting was canceled.
On January 12, 2022, a joint City Council/CSEC meeting was held to discuss the current and future role and responsibilities of the CSEC. Based on the discussions of the joint meeting, the City Council directed the CSEC to further discuss matters and make recommendations to the City Council, as needed.
At its February 9, 2022, meeting, the CSEC provided its recommendations to the City Council which are outlined in this report.
On February 16, 2022, the City Council moved this agenda item (without discussion) to this meeting.
Analysis:
The CSEC is identified in Chapter 2.48 of the Sonoma Municipal Code which includes the Purpose, Composition, Duties and Responsibilities (See Attachment).
2.48.010 CSEC Section 1 - Purpose. The purpose of the community services and environment commission shall be to advise the City Council on matters related to the preservation and enhancement of the parks, recreational facilities, open-space, and the natural environment under the jurisdiction of the city.
Over time, and particularly so within the past 3 years, the role of the CSEC has been focusing on matters it deems necessary based on Climate Change (i.e., the “natural environment”).
One can argue that this topic is a vital part of the CESC’s role as it is charged with the preservation and enhancement of the “natural environment”. Climate change is also a topic of great importance to the City Council. In addition, the CSEC is also charged with advising the Agenda Item #6.1:
City Council on matters related to the preservation and enhancement of the City’s parks, recreational facilities, and open space.
At their February 9, 2022, meeting, the CSEC recommended the creation of a Climate Action Committee, (CAC). Staff supports this recommendation to create a body that will focus exclusively on climate matters, particularly so, as the City currently has a limited term Sustainability Coordinator who is a recognized expert in the field. Over the past year, the Sustainability Coordinator has been largely focused on administrative duties serving both the CSEC and the City Council Joint Climate Action Subcommittee (JCAS) and less so on climate action reduction strategies, public education and outreach and waste minimization (including SB 1383). In creating the new Climate Action Committee, the Sustainability Coordinator can now provide exclusive staff support to that body, as was intended upon his hire.
In conjunction with the creation of the Climate Action Committee, (CAC), staff is recommending the creation of a new City Parks, Recreation and Open Space Committee (PROS) to replace the CSEC. The name of the committee, PROS, would remove the somewhat unclear link to the word’s “environment” contained in the current title Community Services and Environment Commission, and would more clearly reflect the purpose, duties, and responsibilities of the new committee.
2.48.010 CSEC Section 3 – Duties and Responsibilities. The duties and responsibilities of the existing CSEC are outlined below:
The Community Services and Environment Commission shall act in an advisory capacity to the city council in matters pertaining to:
1. The planning and implementation of new recreation facilities and services;
2. Open space acquisition and preservation;
3. The restoration of important habitat areas within the city;
4. Proposed improvements or modifications to existing city parks, cemeteries, trails, bikeways, and related facilities;
5. Policies related to the use of the Plaza and other city parks (does not include the issuance of Special Event Permits by the City Manager’s Office);
6. Policies and programs related to tree preservation and expanding tree planting opportunities in the city;
7. Policies and programs related to resource conservation (soil, water, energy, etc.);
8. Policies and programs intended to preserve and enhance the natural environment;
9. Such other duties and responsibilities as delegated by the City Council.
Staff is proposing the new Parks, Recreation and Open Space Committee (PROS) Committee’s duties and responsibilities would be the same as the CESC, but with two recommended modifications, (text additions/changes are in underlined and in italics below):
The PROS Committee shall act in an advisory capacity to the City Council in matters pertaining to:
1. The planning and implementation of new recreation facilities and services;
2. Open space acquisition and preservation;
3. The restoration of important habitat areas within the city;
4. Proposed improvements or modifications to existing city parks, cemeteries, trails, bikeways, and related facilities;
Agenda Item #6.1:
5. Policies related to the use of the Plaza and other city parks but does not include the review or approval of issuance of Special Event Permits by the City Manager’s Office;
6. Policies and programs related to tree preservation and expanding tree planting opportunities in the city;
7. Policies and programs related to resource conservation (soil, water, energy, etc.);
8. Policies and programs intended to preserve and enhance the natural environment excluding climate action policies and programs which are the responsibility of the Climate Action Committee);
9. Such other duties and responsibilities as delegated by the city council.
The City Council adopted its Special Events Policy on September 5, 2018. In addition to a variety of relevant items, the Special Events Policy defines special events, and details the application process. The Special Events Policy allows for conditions to be placed on permits by the Special Event Committee (comprised of city staff and public safety personnel) and the Special Events Manager. The policy does not explicitly allow conditions to be placed on a Special Events application by the CSEC, that are not already adopted in the Special Events Policy. At the time the policy was created, the Special Events Manager was a part-time contractor for the City. In 2019, the City created a full-time Events Manager that was filled by the previous part-time contractor. Since that time, the full-time Events Manager has very capably taken on the full responsibility of the special events approval process, from application to approval. The removal of the permitting aspect of the use of the Plaza would reduce administrative redundancies in the permitting process not only for staff but for the event organizers. However, the ability for the PROS Committee, in an advisory capacity, to provide recommended policies “related to the use of the Plaza and other city parks” would remain the same.
If this recommendation is approved by Council, a revised Special Events Policy would be brought back to Council for review and adoption along with the Municipal Code Amendments to affect these changes.
Expanded role of the PROS (formerly the CSEC).
The City’s Tree Committee (TC) currently consists of two members of the CSEC, and one certified arborist appointed by the chairperson of the CSEC. The TC reviews development applications regarding the potential impacts of the proposed development to existing trees on or adjacent to a project site and recommends to the Planning Commission (PC) or Design review and Historic Preservation Commission (DRHPC) mitigation measure for the identified impacts. It also reviews proposals for tree removal from homeowners. In 2021, the Tree Committee reviewed 4 arborist reports for development applications, 35 homeowner Tree Removal applications, and met 6 times.
The CSEC determined at its meeting on February 9, 2022, that it is important to have a public body (such as the Tree Committee) review homeowner application. However, the CSEC recognized the impacts of SB 330 and recommended the review of development applications be eliminated from the Tree Committee’s responsibility. The City Council may recall that SB330 prevents jurisdictions from conducting more than five public hearings in connection with the approval of a housing development project and that is the reason for recommending having the DRHPC or Planning Commission review arborist reports, to limit the number of public hearings.
Agenda Item #6.1:
The PC or DRHPC would continue to make decisions (with relevant arborist reports), except without a recommendation from the Tree Committee. Based on the recommendation of the CSEC and the changes recommended in this report, staff recommends that the responsibility to review homeowner applications by the TC be subsumed/included within the new duties of the new PROS committee and that an arborist be added to the composition of the new PROS Committee should the City Council support the recommendation.
2.48.010 CSEC Section 2 – Composition. – Appointments to and holding a position on the community services and environment commission and its operation shall be in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. The community services and environment commission shall be composed of seven voting members, of which at least six shall be qualified electors of the city. The remaining voting member may be a qualified elector of Sonoma Valley, as defined by the commissions appointment administrative policy. Qualified applicants who also have professional background, expertise, or education in one or more of the following areas may be appointed to the commission: landscape architecture, recreation planning or management, resource or habitat conservation, hazardous materials management, environmental education, arboriculture, alternative energy production, or a related field. A minimum of four seats on the commission may be held at any one time by persons having such expertise.
One nonvoting “youth member” shall also be selected. Said youth member shall be 14 to 18 years old and shall be a resident of the city or the greater Sonoma Valley, as defined by the council commission and committee appointment policy.
Parks, Recreation and Open Space Committee (PROS) Committee - Composition Staff is recommending that the composition of the new PROS Committee would still have seven members which would include five qualified electors of the City, one Certified Arborist that just advises and one nonvoting “youth member”. This would allow each of the five Councilmembers to appoint a voting member. The PROS committee would meet quarterly instead of monthly.
Climate Action Committee (CAC) – Composition
At its meeting on February 9, 2022, the CSEC recommended the formation of a new 7-person Climate Action Committee with the following representation:
• 1 x One City Council member
• 1 x CSEC committee member
• 5 x other members representing a combination of the following:
• (Interest areas are desired by the CSEC but would not be required) - Transportation
- Youth
- Latinx
- Businessowner/local economy
- Senior
- Environmental Justice/Equity
- Climate Action/Change background
- General at-large community member
• Four of the 5 members should be residents
• A member could represent more than one of the above interest categories Agenda Item #6.1:
Staff is recommending that the new Climate Action Committee also be comprised of five qualified electors, which would also allow each of the five Councilmembers to appoint a voting member. The interest areas of each of the five members could be a combination of those delineated above.
With the newly created CAC and PROS, the City Council’s Joint Climate Action Subcommittee (JCAS) could either be disbanded, with City Council members identifying roles in which they choose to be involved/participate in or could remain as is.
The following Chart depicts Staff recommendations:
Summary of recommendations:
The recommendations within this report create a new Committee to focus on Climate Action issues called the Climate Action Committee (CAC), dissolves the CSEC and creates a new Committee called the Parks, Recreation and Open Space Committee (PROS) that assumes most of the duties of the current CSEC. The recommendations also dissolve the Tree Committee and assigns a portion of its duties to the new PROS Committee.
Staff is seeking direction on all the above recommendations. Depending on the City Council’s direction, staff would return to the City Council with the appropriate action to implement the changes including ordinances to amend the Municipal Code and a revised Special Events Policy.
It should be noted that the CSEC made additional recommendations at its last meeting relating to the use of the Plaza (installation of bike racks and policies relating to allowing/not allowing dogs on the Plaza). Staff recommends that these issues be deferred to the new PROS Committee should the City Council create this new body. In addition, the CSEC made recommendations that the City Council provide a level of funding to the new Climate Action Committee to assist in the implementation of the Climate Action Workplan. Staff recommends Agenda Item #6.1:
that a budget for a Climate Action Plan would be considered during the normal budget cycle and/or mid-year budget review process.
Recommended Council Action
Discuss, Consider and Provide Direction to Staff on the Purpose, Composition, and Duties and Responsibilities of the Community Services and Environment Commission (CSEC) as found in the Sonoma Municipal Code Chapter 2.48 and the Scope of the Tree Committee’s Authority found in Chapter 12.08 of the Sonoma Municipal Code.
Alternative Actions
• Should the City Council wish to discuss/consider additional options other than creating a new CAC and adding the PROS Committee, staff can return to the City Council with further strategies at a later date.
• Council Discretion
Financial Impact
No direct financial impact at this time.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
CSEC and TC Proposed Changes PowerPoint
Municipal Code - CSEC
Agenda Item #6.1:
Planning Commission
Role aasdpcmasdcmasdmcasdmcoaisdvc9, 2020
City Council Meeting
March 2, 2022
Role and responsibilities of the
CSEC and Tree Committees
Agenda Item #6.1:
CSEC – Community Services
&
Environment Commission2.48.010 Purpose.The purpose of the community services and environment commission shall be to advise the city
council on matters related to the preservation andenhancement of the parks, recreational facilities, open space and the natural environment
Agenda Item #6.1:
Duties and Responsibilities:
A. The community services and environment commission shall act in an advisory capacity to the city council in matters pertaining to:
1. The planning and implementation of new recreation facilities and services;2. Open space acquisition and preservation;
3. The restoration of important habitat areas within the city;
4. Proposed improvements or modifications to existing city parks, cemeteries, trails, bikeways and related facilities;
5. Policies related to the use of the Plaza and other city parks;
6. Policies and programs related to tree preservation and expanding tree planting opportunities in the city;
7. Policies and programs related to resource conservation (soil, water, energy, etc.);8. Policies and programs intended to preserve and enhance the natural environment;9. Such other duties and responsibilities as delegated by the city council.
Agenda Item #6.1:
“Climate” (environment)
emphasis
Creation of Joint Climate
Action City Council
Subcommittee
Sustainability Coordinator
–
administration?
Agenda Item #6.1:
Tree
Committee
• Two members of this commission
shall serve as members of the
city’s tree committee.
Agenda Item #6.1:
PARKS,
RECREATION AND
OPEN SPACE
COMMITTEE
– WITH
TREE COMMITTEE – six
members and an arborist
COMMUNITY
SERVICES AND
ENVIRONMENT
COMMISSION
–
(SEVEN MEMBERS)
CLIMATE
ACTION
COMMITTEE
–
seven members
TREE COMMITTEE
(THREE MEMBERS
‐ 2 FROM CSEC
AND ARBORIST)
PROPOSED
Agenda Item #6.1:
Create one new body and
re
‐organize an existing body
Quarterly meeting of the PROS and CAC.Remove perception of “environmental” dutiesPROS (Tree) to issue homeowner tree permitsPROS to focus on policy related to the Plaza –
not permitting
Agenda Item #6.1:
Questions???
Agenda Item #6.1:
Chapter 2.48
COMMUNITY SERVICES AND ENVIRONMENT COMMISSION
Sections:
2.48.010 Purpose.
2.48.020 Composition – Community services and environment commission.
2.48.030 Duties and responsibilities.
2.48.010 Purpose.
The purpose of the community services and environment commission shall be to advise the city council on matters related to the preservation and enhancement of the parks, recreational facilities, open space and the natural environment under the jurisdiction of the city. (Ord. 99-15 § 3, 2000).
2.48.020 Composition – Community services and environment commission.
Appointments to and holding a position on the community services and environment commission and its operation shall be in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. The community services and environment commission shall be composed of seven voting members, of which at least six shall be qualified electors of the city. The remaining voting member may be a qualified elector of Sonoma Valley, as defined by the commissions appointment administrative policy. Qualified applicants who also have professional background, expertise or education in one or more of the following areas may be appointed to the commission: landscape architecture, recreation planning or management, resource or habitat conservation, hazardous materials management, environmental education, arboriculture, alternative energy production, or a related field. A minimum of four seats on the commission may be held at any one time by persons having such expertise. One nonvoting “youth member” shall also be selected. Said youth member shall be 14 to 18 years old and shall be a resident of the city or the greater Sonoma Valley, as defined by the council commission and committee appointment policy. (Ord. 02-2018 § 2, 2018; Ord. 05- 2017 § 3, 2017; Ord. 99-15 § 3, 2000).
2.48.030 Duties and responsibilities.
A. The community services and environment commission shall act in an advisory capacity to the city council in matters pertaining to:
1. The planning and implementation of new recreation facilities and services; Agenda Item #6.1:
2. Open space acquisition and preservation;
3. The restoration of important habitat areas within the city;
4. Proposed improvements or modifications to existing city parks, cemeteries, trails, bikeways and related facilities;
5. Policies related to the use of the Plaza and other city parks;
6. Policies and programs related to tree preservation and expanding tree planting opportunities in the city;
7. Policies and programs related to resource conservation (soil, water, energy, etc.);
8. Policies and programs intended to preserve and enhance the natural environment;
9. Such other duties and responsibilities as delegated by the city council.
B. Two members of this commission shall serve as members of the city’s tree committee. (Ord. 05-2017 § 4, 2017; Ord. 99-15 § 3, 2000).
Agenda Item #6.1: