Agenda, regular meeting — Sonoma City Council, April 6, 2022

City Council:

Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe
This meeting will be conducted in person only with no virtual public participation. Members of the public are encouraged to attend the meeting and make public comment.

Emails will continue to be accepted; however, they will not be read aloud at the meeting.

The meetings will continue to be live streamed on the City's CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel.

REGULAR MEETING OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, April 6, 2022
6:00 p.m. Regular Meeting
****
AGENDA
Be Courteous - TURN OFF your cell phones and pagers 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)

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: Presentation by Deputy Finance Director Garcia on the City Council FY 22-23 Budget Kickoff

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.

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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 in Support of Protecting Kids from Big Tobacco’s Referendum on California’s Law Ending Sale of Candy-Flavored Tobacco and Minty-Menthol Cigarettes and Introduce an Ordinance Amending Sonoma Municipal Code 7.25.020 (City Clerk)
RECOMMENDATION: Council discretion.

Agenda Report - Protect CA Kids - Pdf
5 - 12

4.3: Consideration, Discussion and Possible Action to Accept the City of Sonoma Housing Element 2021 Annual Progress Report and Direct Staff to Distribute to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) (Planning & Community Services Director and Associate Planner)
RECOMMENDATION: Accept the report.

Agenda Report – HE Annual Progress Report - Pdf
13 - 52

4.4: Adopt a Resolution Approving Amendment to Retainer Agreement with City Attorney Increasing Hourly Rates (Acting City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - City Attorney Fees - Pdf
53 - 66

4.5: Approve the Notice of Completion (NOC) for the 2020 Fire Flow Improvement Project Constructed by D&D Pipelines, Inc., Authorize the Acting City Manager to Sign the NOC, and Direct the City Clerk to File the NOC at the County of Sonoma Recorder’s Office (Public Works Admin & Project Manager) RECOMMENDATION: Approve the Notice of Completion.

Agenda Report - Notice of Completion (NOC) - Pdf
67 - 69

4.6: Receive Council Member Lowe's Appointment of Vickie Haraszthy to the Design Review & Heritage Preservation Commission to fill the Vacancy Left by Terry Birt's Resignation (City Clerk)
RECOMMENDATION: Receive appointment.

Agenda Report - DRHPC Appointment - Pdf
70 - 73

5. PUBLIC HEARING

5.1: Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending Sonoma Municipal Code, Title 19, Chapter 19.56 (Permit Implementation, Time Limits, Extensions), Chapter 19.84 (Appeals), and Chapter 19.92 (Definitions) to add a procedure for applicants to request a hearing before the Planning Commission to determine the continued validity of a permit or approval or whether or not a permit or approval has expired or will expire, align the timeline for appeals with current permit implementation standards, and clarify various definitions related to development projects. The proposed amendments are exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Planning & Community Services Director and Associate Planner) RECOMMENDATION: Introduce ordinance.

Agenda Report - Zoning Code Amendment No. ZA-22-01 - Pdf 74 - 85

5.2: Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Section 19.10.020 (B)(3) (Residential Component) and Section 19.010.020 (C)(2) (Residential

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Component) to the City of Sonoma Municipal Code and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment (Planning & Community Services Director and Associate Planner)
RECOMMENDATION: Introduce the ordinance.

Agenda Report - Residential Component - Commercial and Mixed Use Zoning Districts - Pdf

6. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

6.1: Update on FY 2021-22 Budget to Actuals and Discussion, Consideration and Possible Action to Adopt a Resolution Regarding Mid-Year Budget Amendments to the City of Sonoma’s Operating and Capital Budgets for FY 21/22 (Acting City Manager and Deputy Finance Manager)
RECOMMENDATION: Discuss and adopt the Resolution.

Agenda Report - 2021/2022 Mid-Year Budget Amendments - Pdf 86 - 99

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 for easy reference.

8. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

8.1: Future Agenda Items

9. CITY ATTORNEY COMMENTS

10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required on Friday, April 1, 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.

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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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City of Sonoma
Agenda Item Summary
Meeting: City Council - Apr 06 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution in Support of Protecting Kids from Big Tobacco’s Referendum on California’s Law Ending Sale of Candy-Flavored Tobacco and Minty-Menthol Cigarettes and Introduce an Ordinance Amending Sonoma Municipal Code 7.25.020 Summary
In 2015, the City of Sonoma enacted Ordinance 04-2015 requiring the licensure of tobacco retailers and amending Chapter 7.25. The amended SMC §7.25.020 (H) stated that no tobacco retailer can sell a tobacco product containing, as a constituent or additive, an artificial or natural flavor or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee. Tobacco and menthol flavors were specifically excluded.

Senate Bill 793, signed into law on August 28, 2020, was designed to ban the sale of flavored tobacco products and tobacco product flavor enhancers, with exceptions for hookah tobacco, loose leaf tobacco, and premium cigars. The California Fuels & Convenience Alliance opposed SB 793.

The California Coalition for Fairness is campaigning in favor of statewide referendum that is on the November 2022 ballot for to repeal SB 793. Through December 31, 2021, the campaign had received $21.16 million, including $10.33 million from R.J. Reynolds Tobacco Co. and $9.83 million from Philip Morris USA.

The U.S. Surgeon General and the FDA have labeled youth e-cigarette use an "epidemic," and four out of five kids who have used tobacco started with a flavored product. Meanwhile, more than 150,000 Black Americans have died prematurely because of minty-sweet menthol, the original candy-flavored cigarette.

California parents, public health groups, and community leaders have formed a coalition to build a movement to vote “YES” on the November 2022 ballot measure. A “YES” vote would stop the use of candy flavors to lure kids into using these types of products. A Fact Sheet produced by the coalition is attached to this report.

The items being presented for City Council consideration are a Resolution supporting the YES to Protect CA Kids coalition, and an Ordinance amending SMC §7.25.020 (H) to remove "menthol" from the approved list of flavorings/additives that can be sold in the City of Sonoma.

Consideration of these items was requested by Council Member Lowe with support from other Council Members.

Recommended Council Action
Council discretion.

Agenda Item #4.2:

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Alternative Actions
Council discretion.

Financial Impact
There is no financial impact from these actions.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Yes Protect Kids Fact Sheet
Resolution
Ordinance
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.2:

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[Type here]
Ad paid for by Committee to Protect California Kids sponsored by Nonprofit Health Organizations.

Committee major funding from:

Michael R. Bloomberg
Kaiser Foundation Health Plan, Inc. and the Hospitals
Jerry Hill for Assembly 2024
Funding Details at www.fppc.ca.gov
Vote YES to Protect Kids from Big Tobacco’s Candy-Flavored Deception California is once again fighting Big Tobacco to keep our kids safe and healthy. Vote YES to protect the next generation from getting lured into a lifelong addiction to nicotine with candy-flavored and minty-menthol tobacco products.

Background
Big Tobacco is trying to overturn the bipartisan California law that protects children from getting hooked on candy-flavored e-cigarettes, cheap sweet cigars, and minty-menthol cigarettes.

Why? Because Big Tobacco knows hiding dangerous and addictive nicotine products behind candy flavors preferred by kids, like root beer, blue raspberry, bubblegum, and minty menthol, is a sure way to get kids hooked into a lifetime of addiction.

Big Tobacco Uses Candy Flavors to Hook Kids
Big Tobacco has spent millions on lobbying so California retailers could keep selling the candyflavored products they market to children. Big spending from Big Tobacco is why youth e-cigarette use has skyrocketed to what the Surgeon General and FDA have called “epidemic” levels.* ● More than 2 MILLION middle and high school students now use e-cigarettes ● 4 out of 5 kids who have used tobacco started with a flavored product.** ● 70% of youth e-cigarette users say they use e-cigarettes “because they come in flavors I like”***
E-cigarettes deliver massive doses of nicotine, a highly addictive drug that puts youth users at greater risk for addiction and is especially harmful to kids. It can harm adolescent brain development and impact their attention, mood, and impulse control. A YES vote on this measure will help keep California kids from getting hooked on nicotine.

Big Tobacco Preys on Black Communities
At a time when racism has been declared a public health crisis, we need to also call out the racist practices of big tobacco. For more than 60 years the tobacco industry has intentionally targeted the Black community – and other communities of color – hooking generations of Black youth on mintysweet menthol cigarettes and other candy-flavored tobacco products, and profiting off addiction, disease and death.
● In the 1950s, fewer than 10% of Black Americans who smoked used menthols.+ Today, 85% of Black smokers use minty menthols.
++
Agenda Item #4.2:

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* Office of the Surgeon General, “Surgeon General’s Advisory on E-Cigarette Use Among Youth,” December 18, 2018, https://e-cigarettes.surgeongeneral.gov/documents/surgeon-generals-advisory-on-e-cigarette-use-amongyouth-2018.pdf. ** Ambrose, BK, et al., “Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014,” Journal of the American Medical Association, published online October 26, 2015. *** FDA, “Modifications to Compliance Policy for Certain Deemed Products: Guidance for Industry, Draft Guidance,” March 13, 2019, https://www.fda.gov/media/121384/download. +Gardiner, PS, “The African Americanization of menthol cigarette use in the United States,” Nicotine & Tobacco Research, 6(S1): S55-S65, 2004.
++Delnevo, CD, et al., “Banning Menthol Cigarettes: A Social Justice Issue Long Overdue,” Nicotine & Tobacco Research, 22(10): 1673-1675, 2020.
+++Chaloupka, F. J. and Glantz, S.A. Potential Effects of a Ban on the Sale of Flavored Tobacco Products in California, University of Illinois at Chicago, 2021. https://tobacconomics.org/files/research/671/ca-flavor-ban-andrevenues-3-29-21.pdf.

Big Tobacco Costs California Taxpayers
Every time Big Tobacco addicts another generation of kids to smoking, they put taxpayers – whether they smoke or not – on the hook for billions of dollars in health care costs to treat tobaccorelated diseases. Voting YES on this measure will stop kids from getting hooked on candy-flavored tobacco and keep tobacco companies from profiting at our expense. ● Delaying the implementation of California’s bipartisan law that protects kids from the risks of candy-flavored tobacco and minty-menthol cigarettes will cost Californians at least $800 MILLION in tobacco-related health care costs.+++ A diverse coalition of public health groups, parents, and community leaders are standing up to keep our kids safe from Big Tobacco’s candy-flavored deception.

YOU can help win the fight against Big Tobacco. Say YES to protect California kids.

Agenda Item #4.2:

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City of Sonoma
RESOLUTION #______ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SONOMA IN SUPPORT OF PROTECTING KIDS FROM BIG
TOBACCO’S REFERENDUM ON CALIFORNIA’S LAW ENDING
SALE OF CANDY-FLAVORED TOBACCO AND MINTYMENTHOL CIGARETTES WHEREAS, Big Tobacco is trying to overturn the bipartisan California law that protects students in our schools from getting hooked on candy-flavored e-cigarettes, cheap sweet cigars, and minty-menthol cigarettes; and
WHEREAS, Big Tobacco’s use of candy flavors like bubblegum, blue raspberry, root beer, and minty menthol hooks generations of consumers – especially kids, students and communities of color – on the massive hits of nicotine their tobacco products can deliver; and
WHEREAS, the millions of dollars Big Tobacco spends on
lobbying so retailers can continue selling their predatory, candyflavored products has triggered what the Surgeon General and the FDA have called an “epidemic” of e-cigarette use across the nation; and
WHEREAS, 3.6 million high school and middle school aged kids report using e-cigarettes; 70% of kids who use e-cigarettes say it’s because they come in flavors they like; and
WHEREAS, Tobacco companies are creating a cycle of addiction that puts taxpayers – whether they smoke or not – on the hook for billions of dollars in healthcare costs to treat tobacco related diseases; and
WHEREAS, delaying the implementation of California’s bipartisan law will cost Californians at least $800 MILLION in tobaccorelated health care costs; and WHEREAS, the tobacco industry has profited enormously off of Black Americans' addiction, disease, and death by ruthlessly targeting the Black neighborhoods, especially youth, with marketing and intentionally cheaper tobacco prices for mintysweet menthol flavored cigarettes and other flavored tobacco products; and
WHEREAS, predatory marketing has ensured Black smokers
choose the most dangerous flavored tobacco product, minty menthol, over other cigarettes;
Agenda Item #4.2:

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WHEREAS, in the 1950s, fewer than 10% of Black Americans who smoked used menthol flavored cigarettes; today, 85% of Black American smokers use menthol flavored cigarettes because they are easier to start with, and harder to quit; and
WHEREAS, the strong coalition to keep students and kids safe and healthy from getting hooked on nicotine is led by the American Heart Association, American Lung Association,
American Cancer Society Cancer Action Network, African
American Tobacco Control Leadership Council, Parents Against Vaping e-cigarettes, and the Campaign for Tobacco-Free Kids.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma strongly supports a YES vote to protect kids from Big Tobacco’s misguided referendum to overturn SB 793, because it’s time to end to the sale of candy-flavored and mintymenthol tobacco used to lure young people into a lifetime of addiction.
*****
PASSED, APPROVED AND ADOPTED this 2nd day of February
2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jack Ding, Mayor

Rebekah Barr, MMC, City Clerk
Agenda Item #4.2:

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City of Sonoma
ORDINANCE # _______ - 2022
AN ORDINANCE OF THE CITY OF SONOMA AMENDING SECTION 7.25.020 (H) OF THE

SONOMA MUNICIPAL CODE TO REMOVE MENTHOL AS AN APPROVED FLAVOR FOR

TOBACCO PRODUCTS
The City Council of the City of Sonoma does ordain as follows:

SECTION I. Section 7.25.020 (H) of the Sonoma Municipal Code is hereby amended to read as follows:

Sec. 7.25.020. REQUIREMENTS AND PROHIBITIONS
(H) FLAVORED TOBACCO PRODUCTS. No Tobacco Retailer shall sell a Tobacco Product containing, as a constituent or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the Tobacco Product or smoke produced by the Tobacco Product unless (1) the Tobacco Product consists of package of Cigars contains at least five Cigars or more, or (2) a single Cigar for which the retail price exceeds five dollars ($5.00), or (3) the Tobacco Product consisting of pipe tobacco, or (4) the package of chewing tobacco or snuff contains at least five units or more.

SECTION II. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION III. Effective Date. This Ordinance shall become effective thirty (30) days from and after the date of its passage.

SECTION IV. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma this _____ day of April, 2022.
__________________________
Jack Ding, Mayor
ATTEST:
__________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.2:

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State of California )
County of Sonoma )
City of Sonoma )
I, Rebekah Barr, MMC, City Clerk of the City of Sonoma, do hereby certify that the foregoing ordinance was adopted on _______, April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - Apr 06 2022
Department
Planning and Community Services
Staff Contact
Kristina Tierney, Associate Planner
Agenda Item Title
Consideration, Discussion and Possible Action to Accept the City of Sonoma Housing Element 2021 Annual Progress Report and Direct Staff to Distribute to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

Summary
California’s Housing Element law requires that each city and county develop local housing programs to meet their “fair share” of existing and future housing needs for all income groups.

The Association of Bay Area Governments (ABAG) is responsible for developing and assigning these “Regional Housing Need Allocations,” or “RHNA”, to Bay Area jurisdictions.

Pursuant to the RHNA planning period, the Sonoma Housing Element is an eight-year plan extending from 2015-2023 which was adopted on March 16, 2015. As Housing Element updates are tied to the RHNA cycle, they are not always synchronized with major updates of the other elements of the General Plan, which tend to occur less frequently. Sonoma’s 2015- 2023 Housing Element identifies strategies and programs that focus on:
• Providing a mix of housing types affordable to all income levels, consistent with community and regional needs.
• Improving housing affordability for both renters and homeowners in Sonoma. • Maintaining and enhancing the existing housing stock and ensuring that new residential development is consistent with Sonoma’s town character and with neighborhood quality.
• Reducing governmental constraints on the maintenance, improvement and development of housing while maintaining community character. • Promoting equal housing opportunities for all residents, including Sonoma’s special needs populations, so that residents can reside in the housing of their choice. • Encouraging the development of housing options, such as junior second units and cottage housing, that can address the need for smaller, more affordable units. • Promoting greater housing security for seniors and low-income households in light of the increasing cost of housing.
• Linking environmental and affordability incentives to ensure Sonoma grows in a responsible manner, in line with resource limitations such as water availability.

Government Code section 65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the Housing Element of its General Plan and progress in its implementation using forms and definitions adopted by the Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR). Based on these requirements, the Planning Department staff have prepared the 2021 Annual Progress Report for review and consideration by the City Council (Attached).

Agenda Item #4.3:

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During 2021, the City of Sonoma continued making significant progress towards implementing its Housing Element. 108 housing units were issued certificates of occupancy in 2021, including 40 units for Very Low-Income households (including approximately 20 units for Extremely Low-Income households), 10 for Low Income households, 5 units for Moderate Income households, 15 Accessory Dwelling Units (ADUs), and 38 units of “above moderate” (market rate housing).

Notably, the City adopted a revised Inclusionary Housing Ordinance in June 2021, which increased the required affordable housing from 20 percent to 25 percent and also strengthened the requirements for providing low or moderate units to include requirements for Extremely Low, Very Low-, and Low-income units for rentals and Low-, Moderate-, and Middle-income units for ownership projects. The City now has one of the most stringent Inclusionary Housing Ordinances in the state and staff has been contacted by numerous jurisdictions looking to Sonoma as a model. Strengthening the inclusionary Housing Ordinance was one of many zoning changes adopted by City Council aimed at producing more housing in the City of Sonoma. Below is a comprehensive list of zoning amendments in 2021, which represents a total of 25 public hearings and months of collaboration with the City Council Zoning Ad Hoc, staff, and stakeholders.

1. ADU Ordinance and Zoning Clean Up – Jan 2021

2. Site Coverage and Planning Areas – March 2021

3. Appeal Fees – April 2021

4. Affordable Housing – May 2021

5. Affordable Housing Definitions – June 2021

6. SB 9 Urgency Ordinance - December 2021

7. Timeshare Urgency Ordinance - December 2021
Other initiatives include initiating the 6th Cycle Housing Element, implementing the new permit tracking system, ongoing discussions regarding the Haven, and processing housing development applications including several multi-family developments. In addition, the City made progress towards specific Housing Element programs. Specific milestones include:
• Occupancy for the Alta Madrona (formerly Altamira Family Apartments); Mockingbird, and Oliva Apartments;
• Contract with consultant Rise Housing to oversee the City’s affordable housing program to ensure all units are being managed in accordance with the application affordable housing agreements.
• Continued funding and support to the local non-profit Sonoma Overnight Support to operate The Haven, a 10-bed overnight shelter located in a City-owned building at 151 1st St. West.
• Joint City Council and Planning Commission Meeting on recent housing laws, the Housing Element, and streamlining the development review process by consolidating City Commissions.
• Awarded and adopted a resolution accepting $20,000 in funding from the Local Early Action Planning (REAP) Grant, who will support the Zoning Code updates.

Current and upcoming efforts for 2022 include:
• Updating the Housing Element of the General Plan, including available site inventory analysis and user-friendly Housing Action Plan as public outreach component of the Housing Element process.
• Updating the Development Code to comply with SB 330 to adopt objective design standards to streamline the development process.

Agenda Item #4.3:

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• Reorganization of the Development Code to improve ease of use for staff and the public.
• Adoption of Multi-family Design Standards, regular SB Ordinance, and regular Timeshare Ordinance.

Recommended Council Action
Accept the City of Sonoma Annual Progress Report for Calendar Year 2020 and direct staff to forward the report to HCD and OPR.

Alternative Actions
1) Modify and/or not forward the report.
2) Provide staff with further direction
Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments

PUBLIC COMMENT ATTACHMENT
5th Cycle RHNA Summary
housing-element-annual-progress-report 2021 31 March 22 Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.3:

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PUBLIC COMMENT TO THE CITY COUNCIL
OR ONE OF THE CITY’S COMMISSIONS
Any Public Correspondence Received by the City
Regarding an Item that Will be Considered at
a Public Meeting by the City Council or One of Its
Commissions Can be Found on the City’s
CivicWeb Portal at the Following Link.

It is Updated as New Correspondence is Received.
https://sonomacity.civicweb.net/filepro/documents
STAFF CONTACTS:

City Council City Clerk (707) 933-2216
Planning, DRHP, CSEC Planning (707) 933-2204
Agenda Item #4.3:

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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - 24 - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - 28 - - - -
Non-Deed Restricted - - - 7 - - - - -
Deed Restricted - - - 3 2 - - - -
Non-Deed Restricted 4 - 1 7 14 4 6 - -
Above Moderate 63 8 12 9 7 37 3 - - - 76 -
137
12 12 10 24 105 7 6 - - 176 -
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
24 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
41 Moderate
24 23
27 Please contact HCD if your data is different than the material supplied here 35 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
Agenda Item #4.3:

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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 10 0 6 0 1 3 95 #REF! 2 0 128 061 001 19910 Fifth Street West Hummingbird Cottages SFD O 28-Apr-21 2 1 12 #REF! No No 127 204 009 734 and 730 Fifth Street West Sweetwater Spectrum Inc. 2 to 4 R 3-Jun-21 2 #REF! 2 No No 127 202 007 19320 Sonoma Highway 12 Montaldo Apartments MH R 10-Aug-21 10 4 41 15 No No 018 222 008 214 East Napa Street HSU Residence ADU O 17-Aug-21 1 2 No No 018 131 018
216, 230, 254 First Street East 1st Street East Townhomes MH R
2-Sep-21
40 55 Yes-But no action
taken
No
018 411 012 899 Broadway Jacks Diner 2 to 4 R 7-Jan-21 2 1 No No 40 2
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10 Agenda Item #4.3:

Page 18 of 99 ends

Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 5 0 5 0 0 0 0 0 6 0 6 40 0 10 0 5 15 38 108 0 0 2 0 018 381 011 458 East Mac Arthur Street 25338 ADU O 1 4/6/2021 1 1 4/6/2021 1 0 N City consulted regarding
average rental prices for ADUs.

Given their limited size and
018 381 051 866 Fourth Street East 25628 ADU O 1 9/7/2021 1 1 9/7/2021 1 0 N City consulted regarding average rental prices for ADUs
128 131 053 234 Newcomb Street 25670 ADU O 1 9/29/2021 1 1 9/29/2021 1 0 N City consulted regarding
average rental prices for ADUs.

018 352 020 751 Austin Avenue25663 ADU O 1 9/27/2021 11 9/27/2021 1 0 N City consulted regarding
average rental prices for ADUs.

Given their limited size and
128-071-055 216 Malet 25571 ADU O 1 8/10/2021
1 1 8/10/2021 1 1 8/10/2021 1 N
City consulted regarding
average rental prices for ADUs.

Gi th i li it d i d 018-121-019 249 First Street West Liam Lane 24786 SFD O 1 8/20/2019 1 1 5/22/2020 1 1 9/1/2021 1 N 018-121-019 249 First Street West Liam Lane 24787 ADU O 1 8/20/2019 1 1 5/22/2020 1 1 9/1/2021 1 N City consulted regarding average rental prices for ADUs
018-271-002 528 Third Street East Thompson 24756 ADU O 1 3/18/2019 1 1 5/4/2020 1 1 10/19/2021 1 N
City consulted regarding
average rental prices for ADUs.

Gi th i li it d i d
018-141-018 200 Second Street East Brangham
Residence 23786 SFD O 1 2/20/2018 1 1 8/8/2018 1 1 2/13/2020 1 N 018-321-015 453 Patten Street Tudisco Residence 24757 ADU O 1 5/4/2020 1 1 5/4/2020 1 1 3/26/2021 1 N City consulted regarding
average rental prices for ADUs.
start 128-131-054 226 Newcomb 226 Newcomb PD 25018 SFD O 1 12/12/2019 1 1 9/30/2020 1 1 7/19/2021 1 N 1 018-321-015 453 Patten Street Tudisco Residence 24480 SFD O 1 10/16/2018 1 1 11/26/2019 1 1 1 N 1 018-192-005 365 West Spain Street Koch DR 24111 SFD O 1 12/18/2018 1 1 4/25/2019 1 1 4/20/2021 1 N 018-192-005 365 West Spain Street Koch DR 24112 ADU O 1 12/18/2018 1 1 4/25/2019 1 1 4/23/2021 1 N City consulted regarding t l i f ADU 018-271-002 528 Third Street East Thompson DR SFD O 1 3/18/2019 1 1 8/2/2019 1 0 N 127-221-032 655 West Spain St Bldg 1 Oliva Apartments 24308 2 to 4 R 1 5 11/9/2017 6 1 5 8/6/2019 6 1 5 12/7/2020 6 N INC 127-221-032 655 West Spain Street Bldg 2 Oliva Apartments 24311 2 to 4 R 1 5 11/9/2017 6 1 5 8/6/2019 6 1 5 12/21/2020 6 N INC 127-221-032 655 West Spain Street, Bldg. 3 Oliva Apartments 24312 2 to 4 R 2 10 11/9/2017 12 2 10 8/6/2019 12 2 10 1/26/2021 12 N INC 127-221-032 655 West Spain St Bldg 4 Oliva Apartments 24313 2 to 4 R 2 10 11/9/2017 12 2 10 8/6/2019 12 2 10 3/26/2021 12 N INC 018-231-050 473 Fourth Street East Clerou Variance 25446 ADU R 1 11/5/2019 1 1 6/4/2021 1 0 N
City consulted regarding
average rental prices for ADUs.

Given their limited size and
128-181-001 1269 Broadway Altimira Apartments 24483 2 to 4 R 2 2 1/29/2018 4 2 2 12/2/2019 4 2 2 7/1/2021 4 N CalHOME DB 55 128-181-001 1269 Broadway Altimira Apartments 24484 2 to 4 R 2 2 1/29/2018 4 2 2 12/2/2019 4 2 2 7/1/2021 4 N CalHOME DB 55 128-181-001 1269 Broadway Altimira Apartments 24485 2 to 4 R 2 1/29/2018 2 2 12/2/2019 2 2 7/1/2021 2 N CalHOME DB 55 128-181-001 1269 Broadway Altimira Apartments 24486 5+ R 7 1 1/29/2018 8 7 1 12/2/2019 8 7 1 7/1/2021 8 N CalHOME DB 55 128-181-001 1269 Broadway Altimira Apartments 24487 5+ R 7 1 1/29/2018 8 7 1 12/2/2019 8 7 1 7/1/2021 8 N CalHOME DB 128-181-001 1269 Broadway Altimira Apartments 24488 5+ R 7 1 1/29/2018 8 7 1 12/2/2019 8 7 1 7/1/2021 8 N CalHOME DB 128-181-001 1269 Broadway Altimira Apartments 24489 5+ R 7 1 1/29/2018 8 7 1 12/2/2019 8 7 1 7/1/2021 8 N CalHOME DB 128-181-001 1269 Broadway Altimira Apartments 24490 5+ R 6 2 1/29/2018 8 6 2 12/2/2019 8 6 2 7/1/2021 8 N CalHOME DB 128-131-053 234 Newcomb Street 234 Newcomb 24562 SFD O 1 9/10/2015 1 1 12/19/2019 1 1 7/15/2021 1 N CalHOME DB 55 018-392-001 and
045 018-392-052 874 Hayes Street Mockingbird Lane 24530 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 5/5/2021 1 N 018-392-001 and
045 018-392-052 876 Hayes Street Mockingbird Lane 24531 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 5/5/2021 1 N
City consulted regarding
average rental prices for ADUs.

Given their limited size and
018-392-001 and
045 018-392-053 870 Hayes Street Mockingbird Lane 24532 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 5/5/2021 1 N 018-392-001 and
045 018-392-053 872 Hayes Street Mockingbird Lane 24533 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 5/5/2021 1 N
City consulted regarding
average rental prices for ADUs.

Given their limited size and
018-392-001 and
045 018-392-054 813 Hayes Street Mockingbird Lane 24534 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 6/2/2021 1 N 018-392-001 and
045 018-392-055 862 Hayes Street Mockingbird Lane 24535 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 4/28/2021 1 N 018-392-001 and
045 018-392-055 864 Hayes Street Mockingbird Lane 24536 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 4/28/2021 1 N City consulted regarding
average rental prices for ADUs.
018-392-001 and
045 018-392-056 858 Hayes Street Mockingbird Lane 24537 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 11/18/2020 1 N 018-392-001 and
045 018-392-056 860 Hayes Street Mockingbird Lane 24538 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 11/18/2020 1 N City consulted regarding
average rental prices for ADUs.
018-392-001 and
045 018-392-057 854 Hayes Street Mockingbird Lane 24539 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 11/18/2020 1 N 018-392-001 and
045 018-392-057 856 Hayes Street Mockingbird Lane 24540 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 11/18/2020 1 N
City consulted regarding
average rental prices for ADUs.

Given their limited size and
018-392-001 and
045 018-392-058 850 Hayes Street Mockingbird Lane 24541 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 7/12/2021 1 N 018-392-001 and
045 018-392-058 839 Hayes Street Mockingbird Lane 24542 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 6/14/2021 1 N
City consulted regarding
average rental prices for ADUs.

Given their limited size and
018-392-001 and
045 018-392-059 846 Hayes Street Mockingbird Lane 24543 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 2/1/2021 1 N 018-392-001 and
045 018-392-060 842 and 844 Hayes Street Mockingbird Lane 24544 2 to 4 O 1 1 1/31/2019 2 1 1 12/19/2019 2 1 1 1/25/2021 2 N Other INC 55 018-392-001 and
045 018-392-061 843 Fourth Street West Mockingbird Lane 24545 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 2/26/2021 1 N 018-392-001 and
045 018-392-061 845 Fourth Street West Mockingbird Lane 24546 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 2/26/2021 1 N City consulted regarding
average rental prices for ADUs.

Given their limited size and
018-392-001 and
045 018-392-062 849 Fourth Street West Mockingbird Lane 24547 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 2/23/2021 1 N 018-392-001 and
045 018-392-062 847 Fourth Street West Mockingbird Lane 24548 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 2/23/2021 1 N City consulted regarding
average rental prices for ADUs.
018-392-001 and
045 018-392-063 851 Fourth Street West Mockingbird Lane 24549 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 4/7/2021 1 N 018-392-001 and
045 018-392-063 853 Fourth Street West Mockingbird Lane 24550 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 4/7/2021 1 N City consulted regarding
average rental prices for ADUs.

Gi th i li it d i d 018-392-001 and
045 018-392-064 855 Fourth Street West Mockingbird Lane 24551 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 10/13/2020 1 N 018-392-001 and
045 018-392-065 859 & 861 Fourth Street West Mockingbird Lane 24552 2 to 4 O 1 1 1/31/2019 2 1 1 12/19/2019 2 1 1 10/14/2020 2 N Other INC 55 018-392-001 and
045 018-392-066 863 Fourth Street West Mockingbird Lane 24553 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 7/12/2021 1 N 018-392-001 and
045 018-392-066 865 Fourth Street West Mockingbird Lane 24554 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 6/14/2021 1 N City consulted regarding
average rental prices for ADUs.
018-392-001 and
045 018-392-067 867 Fourth Street West Mockingbird Lane 24555 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 7/12/2021 1 N 018-392-001 and
045 018-392-067 816 Fourth Street West Mockingbird Lane 24556 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 6/14/2021 1 N
City consulted regarding
average rental prices for ADUs.

Gi th i li it d i d 018-392-001 and
045 018-392-068 871 Fourth Street West Mockingbird Lane 24557 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 5/25/2021 1 N 018-392-001 and
045 018-392-069 875 Fourth Street West Mockingbird Lane 24558 SFD O 1 1/31/2019 1 1 12/19/2019 1 1 5/25/2021 1 N 018-392-001 and
045 018-392-069 877 Fourth Street West Mockingbird Lane 24559 ADU O 1 1/31/2019 1 1 12/19/2019 1 1 5/25/2021 1 N City consulted regarding
average rental prices for ADUs.
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Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units (CCR Title 25 §6202)
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Agenda Item #4.3:

Page 19 of 99 ends

Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
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Agenda Item #4.3:

Page 20 of 99 ends

Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
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Agenda Item #4.3:

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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
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Jurisdiction Sonoma
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Inclusionary Housing
Ordinance
Re-evaluate City's inclusionary program,
and amend to strengthen and improve
effectiveness.

Amend Ordinance by 2017
Inclusionary Housing is regulated by Chapter 19.44 - Affordable Housing and Density Bonuses (Ord. 02-2014). The ordinance was amended in May 2021 and the inclusionary requirement was increased to 25 percent, includes requirements for extremely low and low income units in addition to low and moderate. The amendment also increases the term from 55 years to in perpetuity.

Land Assembly and WriteDown
Coordinate with County Housing
Authority in issuance of RFP for the
Broadway site; develop with minimum
39 low income rental units.
2015- Issue RFP 2018-
Complete construction on
the Broadway site.

The project site at 20269 Broadway was identified in the Housing Element as an important opportunity site. With prior redevelopment funding, the City acquired the property for the affordable housing project that became Altamira. Property was transferred to the Sonoma County Community Development Commission as part of the transition of shifting the Housing Successor Agency role to the County after the dissolution of redevelopment. City also secured $1.45 million from 2011 redevelopment bond sale to invest in the project and support affordable housing.

In addition, the City gave a $100,000 loan for seed money to assist with up front costs for the entitlement process. Launching a three part series of City workshops to learn, discuss and develop a community dialogue and direction on housing issues, priorities and practical solutions. A Use Permit was issued for the project on 1/29/18 for 48 units of housing (including 47 affordable units and one manager's unit) and building permits submitted on January 17, 2019 and building permits for 4 units were issued on 12/2/19. In 2021, all 48 units recieved final building permits and the complex is fully operating.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Agenda Item #4.3:

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Partnerships with
Affordable Housing
Developers
Partner with non-profits by providing
incentives. Work with County on
farmworker housing needs.

Annually meet with County
representatives re:
potential funding
applications.

The City engages in ongoing coordination with the Sonoma County Community Development Commission including on specific projects such as 20269 Broadway and others. In 2021 the City collaborated with the Housing Land Trust of Sonoma County, a local non-profit dedicated to providing local affordable housing opportunities and engaged Rise Housing to help manage the City's affordable housing program.

Adaptive Reuse Evaluate elimination of vacation rentals. Evaluate ordinance modifications by 2018.

Ordinance was adopted in 2017 to prohibit short term vacation rentals in the city limits (Ordinance 11-2017 adopted on December 4, 2017). In 2021, the City worked on developing an Urgency Ordinance prohibiting time-shares and fractional ownership uses.

Alternative Housing
Models
Offer flexible zoning to foster alternative
housing types. Evaluate and adopt
standards for cottage housing and
junior second units.

Adopt development
standards for cottage
housing and junior second
units by 2017.

Ordinance adopted providing for ADUS and Junior ADUS in compliance with state law, dated November 7, 2016 (Ordinance 01-2017). An Urgency Ordinance adopting new standards to align with State Law was adopted in 2019. In January 2021, the City adopted a new regular ADU ordinance aligned with State law Second Dwelling Units
Make information available to the public
via the City website and at City Hall.

Evaluate prohibiting use of second units
as vacation rentals.

Evaluate ordinance
revisions by 2017.

In March 2017, the City hired the consultant team of Keyser-Marston and Karen Warner Associates to prepare the 2018 Draft Residential Nexus Study and the 2018 Draft Non-Residential Nexus Study, providing a legal basis and options for establishing fees to mitigate the impacts of new development on the need for affordable housing. The draft report was presented to the City Council for review, discussion, and direction at the City Council Meeting Monday, March, 19 2018.

Based on the direction received, a final report will be prepared, reflecting the City Council's determinations. In 2020, City Council adopted impact fees for commecial development and in 2021 staff worked on impact fees for residential development.

Staff anticipates completing this effort in 2022.A32:D37 Affordable Housing
Funding Sources
Actively pursue variety of funding
sources for affordable housing. Support
developers in securing outside funding.

Annually as RFPs are
issued.

Planning staff regularly coordinates with the Sonoma County Community Development Commission to support funding efforts for projects, including review and completion of Local Agency Review Forms. The City Council adopted the Housing Trust fund on May 20, 2019 by Resolution 18-2019 and continued adding to this fund in 2021.

Agenda Item #4.3:

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Affordable Housing Impact
Fees
Conduct a nexus study to evaluate the
establishment of an affordable housing
impact fee on residential and nonresidential development.

Conduct nexus study by
2017.

Staff anticipates completing this effort in 2022.

Section 8 Rental
Assistance
Encourage landlords to register units
with Housing Authority; prepare
handout for rental property owners.

Ongoing.

Sonoma County Housing Authority is responsible for implementing the Section 8 Housing Choice Voucher Program, along with several other programs to assist members of the community with special needs. Part of the county run program entails encouraging landlords to participate in the program by providing information on available subsidies.

Housing Rehabilitation
Program
Advertise availability of program on
website and via handouts. Seek to assist
30 lower income households.

Assist 30 households by
2023. This program halted with loss of redevelopment funding for housing.

Mobile Home Park Rent
Stabilization and
Conversion Ordinance
Enforce mobile home park rent
stabilization and conversion ordinances.

Evaluate strengthening the City's
existing ordinance.
2015 - evaluate
strengthening ordinance.

On April 18, 2016 the City Council adopted Ordinance No. 02-2016, amending Chapter 9.80 of the City of Sonoma Municipal Code regarding the protection of rents for spaces in mobilehome parks. The new ordinance updated some of the 1992 regulations, adds additional clarification and eliminated the Mobilehome Park Rent Review Board. Applications for rent increases are now submitted to the City Manager. Appeals of City Manager decisions are heard by a hearing officer selected through the California Office of Administrative Hearings (OAH).

Mobile Home Park SeniorOnly Occupancy
Restrictions
Evaluate regulatory mechanisms, such
as a senior-only zoning overlay, for
mobile home parks to maintain to senioronly occupancy restrictions. 2015 - evaluate regulatory
mechanisms 2016 - adopt
ordinance as deemed
appropriate.

The City attorney is the primary point of contact for this initiative and is in the progress of research options for this program.

Condominium Conversion
Ordinance
Implement condominium and mobile
home park conversion regulations. Ongoing. The City attorney is the primary point of contact for this initiative and is in the progress of research options for this program.

Agenda Item #4.3:

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Preservation of Assisted
Rental Housing
Initiate discussions with property
owners; explore outside funding and
preservation options; offer preservation
incentives to owners; provide technical
assistance and education to affected
tenants.

Planning City Manager's
Office
This program is limited with loss of redevelopment funding; initiating conversations with Sonoma County Community Development Commission staff to see about opportunities for collaboration and outreach to preserve current housing stock.

Affordable Housing
Monitoring/ Annual Report
Review the Housing Element on an
annual basis, provide opportunities for
public participation, and submit annual
report to the State.

By April 1st every year.

The City has prepared this HCD report for 2021, in compliance with this program.

Additionally the City engaged Rise Housing to manage and implement the City's affordablehousing program and initiate a full audit of the City's units.

Design Guidelines and
Design Review
Continue to implement Sonoma’s design
review process. Ongoing.

In 2021 the City Council initiated a process of evaluating the Design Review process with the intent of streamlining the housing development process.City Council had a joint meeting with the Design Review and Historic Preservation Commission to discuss roles and responsibilities and opportunities for streamlining. The City anticipates amending the code accordingly in 2022.

Growth Management
Ordinance- Exception for
Affordable Housing
Annually review effects of GMO on
production of affordable housing and
modify as necessary to provide
adequate incentives consistent with
Sonoma’s current and future regional
housing needs.

Annually in conjunction
with Housing Element
review.

The Planning Department and City manager prepare an annual GMO report in August of each year, when the allocations are dispersed by City Council.

Parking Incentives and
Modified Standards
Provide parking reductions on
affordable projects, and other projects
which meet community goals. Reevaluate multi-family parking standards and modify as appropriate.

Ongoing incentives. Reevaluate standards by
2015.

In conjunction with the update of the Housing and Circulation Elements of the General Plan, which occurred over 2015/2016, the City commissioned a downtown parking study. In 2021 the City initiated zoning code changes to the parking and loading standards, which are anticipated to occur in 2022.

Affordable Housing
Density Bonus
Implement City's density bonus
provisions, advertise on website, and
promote in discussions with developers.

Ongoing.

A density bonus provision added to Sonoma Municipal Code on April 2, 2003 and is implemented through Chapter 19.44 - Affordable Housing and Density Bonuses.

Implemented on a project by project basis. This section was reviewed in 2021 and no changes were required.

Fair Housing Program
Refer fair housing complaints to Fair
Housing of Sonoma County.

Disseminate fair housing information.

Ongoing Housing complaints are received by the City's Code Enforcement Division and are referred to the Fair Housing of Sonoma County as they are received.

Agenda Item #4.3:

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Universal Design
Disseminate Universal Design Principals
brochure, and inform residential
development applicants.

Ongoing.

In 2021 the Planning Department worked on code amendments to implement multifamily and single-family design standards. The City hired OpenGov’s Citizen Services which provides software would allow for electronic payments for permits, integration of new electronic plan review software and Geographic Information Systems (GIS) capabilities, provide robust reporting and data gathering, provide inspection tracking and status reporting, provide document storage and management integration, and add the ability to “flag” parcels with unique characteristics (flood zone, historic, zoning restrictions, violations, etc.).

Reasonable
Accommodation
Procedures
Implement City's reasonable
accommodation procedures. December 2014.

19.54.100, Request for reasonable accommodation of the Sonoma Municipal Code allows the City to grant reasonable modifications to the requirements of the Zoning Code to ensure persons with disabilities, including developmental disabilities, are afforded equal opportunity for the use and enjoyment of their dwelling. The ordinance establishes a ministerial process for requesting and granting reasonable modifications to zoning and development regulations, building codes and land use. The City imposes no fees for a reasonable accommodation application and applications are reviewed annual as they are submitted.

Homeless Services and
Shelter
Maintain Sonoma homeless shelter and
support other providers and regional
efforts.

Ongoing.

The City assists a local non-profit, Sonoma Overnight Support to operate The Haven, a 10-bed overnight shelter that is located in a City-owned building at 151 1st St. West. Funding for shelter operations is supported under a contractual agreement that was put in place by the Sonoma Community Development Agency prior to its elimination under State law. The City also supports the shelter by paying for utilities and maintenance of the City-owned facility using the General Fund in the amount of $30,000 a year through 2030 to operate an emergency shelter for the homeless. In FY 21/22, the City provided an additional $75,000 for capital improvements to the shelter building and Resolution 85-2021 established an a MOU with Sonoma Overnight Support to continue operating a safe parking program at the police station parking lot through June 2022.

Agenda Item #4.3:

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Green Building Program Promote sustainable and green building design in development. Ongoing
Beginning January 1, 2017, the 2016 California Green Building Standards Code (CALGreen) becomes effective for new buildings and certain addition or alteration projects throughout California. The City of Sonoma has adopted and amended CALGreen to require CALGreen+Tier 1 level of compliance for all new buildings (except Tier 1 Energy Efficiency measures need not be met). The City of Sonoma requires that project applicants hire a third-party green building special inspector to verify compliance with CALGreen requirements as amended by the City of Sonoma.

Energy Conservation
Initiatives
Promote the installation of solar
systems and water efficient
technologies.

Ongoing
In addition to implementing CALGreen, the City supports expedited Solar Permitting for One & Two-Family Dwellings. The City’s Expedited Solar Permitting Process for One- & Two-Family Dwellings provides an expedited and streamlined permitting process for qualifying small rooftop solar systems for one-and twofamily dwellings that are no larger than 10 kilowatts AC nameplate rating or 30 kilowatts thermal. The City also offers expedited permitting for electric vehicle charging stations.

Sonoma Water Action Plan
Implement Water Action Plan. Conduct
periodic reviews and modify as
necessary to ensure adequate water
supply to meet Sonoma’s regional
housing needs (RHNA). Advertise
available water conservation programs.

Review Water Action Plan
on bi-annual basis. Update
website as new water
conservation programs
become available.

The City of Sonoma adopted the 2020 Urban Water Management Plan and Water Shortage on June 7, 2021 This document provides the City with a roadmap for the management of its potable water system. The Sonoma County Water Agency supplies most of the City’s potable water via connection to the their aqueduct and storage system. An agreement between the City and Sonoma County Water Agency establishes a fixed allocation of 3,000 acre feet per year (AF/Y) through 2035. Additional potable water supply is available to the City from its municipal wells. Available water supply is adequate to serve current and future demand.

Water conservation information is available at: https://www.sonomacity.org/waterconservation. B33:D37D19B34:D37B32:D37A32:D37A33:D37A32:D37 Agenda Item #4.3:

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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
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Jurisdiction Sonoma ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Agenda Item #4.3:

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Jurisdiction Sonoma
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Agenda Item #4.3:

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Jurisdiction Sonoma
Reporting Period 2021
(Jan. 1 - Dec.
31)
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPO
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
For Sonoma County jurisdictions, please format the APN's as follo Agenda Item #4.3:

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Note: "+" indicates
an optional field
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
ORT
ows:999-999-999-999
Agenda Item #4.3:

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Jurisdiction Sonoma
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
0 6
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 0 17
2 to 4 0 0 36
5+ 0 0 40
ADU 5 6 15
MH 0 0 0
Total 5 6 108
6 #REF!
2 0
1 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Agenda Item #4.3:

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Jurisdiction Sonoma
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Tab Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low

Please update the status of the proposed uses listed in the entity’s application for funding and the c 50515.02 or 50515.03, as applicable.
$
Agenda Item #4.3:

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Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Moderate
Above Moderate
Total Units
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Agenda Item #4.3:

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Total award amount is auto-populated based on amounts entered in rows 15-26. ble A2)
Current Year
0 0
0 0
0 5
0 5
Current Year
0 0
0 ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the -
Task Status
Agenda Item #4.3:

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0 0
6 0
6 Current Year
40 0
10 0
5 15
38 108
Agenda Item #4.3:

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Other
Funding Notes
e eligible uses specified in Section
Agenda Item #4.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - Apr 06 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution Approving Amendment to Retainer Agreement with City Attorney Increasing Hourly Rates
Summary
Year-In Review
Although the last year or so has seen changes in the makeup of the City Council and in management personnel, the City Attorney’s office has been instrumental in making the necessary transitions smooth and litigation-free. Furthermore, the wave of new planning laws adopted by the State of California aimed at reducing local jurisdiction’s control over the planning process has spurred the need to bring the Planning Commission, City Council and staff up to speed with these laws, and the City Attorney’s office has provided important advice and counseling regarding the changes that need to be made in the City’s Development Code and other policies to address these rapidly changing areas of the law.

Development Code amendments, urgency ordinances to adopt SB 9 regulations, addressing the need to adopt and implement objective development and building standards, and similar initiatives have all benefitted from the input and involvement of the City Attorney’s office and its lawyers.

In terms of litigation, the City has been experiencing a relative period of calm. Although not handled by the City Attorney’s office, the wrongful death lawsuit brought against the City and the Sebastiani Theater Foundation was settled with the City only having to pay its small self-insured retention. Furthermore, earlier this year, the lawsuit that challenged the previous City Council’s decision finding the 2004 Use Permit issued to The Cheese Factory’s owners had vested, was decided in favor of the City.

As the Council may recall, in February 2021, the legal services provided by the law firm of Walter & Pistole were assumed by the law firm of Colantuono, Highsmith & Whatley. Staff has been very pleased with the transition and the high quality of legal services that have been provided to City staff and the City Council by this successor law firm.

Hourly Rates Have Not Been Increased in 7 Years
When, in February 2021, the law firm of Colantuono, Highsmith & Whatley assumed the responsibilities of the City Attorney for the City of Sonoma, the rates charged to the City for legal services provided by this firm were not changed. In fact, the operative agreement that sets out the rights and responsibilities of the City Attorney’s office in the City of Sonoma was last amended and restated on August 17, 2015 (the “City Attorney Retainer Agreement”). A copy of that agreement is attached. Under Section 3(H) of that agreement, the City Attorney is entitled to increase his hourly rates on August 17 of each year by the change in the Consumer Price Index (CPI) for the previous 12 months, not to exceed 5% each year, rounded to the nearest $5.00.

Although entitled to raise his hourly rates in 2016, 2017, 2018, 2019, and 2021, Jeff Walter Agenda Item #4.4:

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declined to do so. And, in 2020, at the request of the then City Manager, Cathy Capriola, Jeff Walter only increased his firm’s cost recovery rate: and then, only by $5.00 per hour to $280.00 per hour. Ironically, since becoming the City Attorney in February 2021, Colantuono, Highsmith & Whatley has been billing cost recovery services at the old rate of $275.00 per hour. In short, the rates charged to the City by the City Attorney’s office is the same now as they were in 2015, seven years ago.

Attached is a comparative hourly rates chart showing the rates charged to other cities in Northern California by contract city attorney firms. As this chart shows, not only has Sonoma’s City Attorney’s law firm’s rates been historically well below the rates charged by other, competing firms practicing in the same area, they have also not kept pace with inflation. Just in the past 12 months, the CPI has increased in Northern California by 5.2%.

The City Attorney Retainer Agreement breaks its services into three categories and bills different hourly rates for each: non-litigation matters, litigation matters, and cost recovery matters. Cost recovery work is billed at the highest rate of the three categories, but it is important to emphasize that the legal charges incurred under the City’s Cost Recovery Program are ultimately reimbursed to the City by third parties, typically developers and, as such, the City does not end up paying them. By being able to charge higher rates for cost recovery work, the firm of Colantuono, Highsmith & Whatley is able to charge lower rates for the other work it performs for the City.

The City Attorney is proposing to increase rates as follows:

As mentioned above, even the proposed rates are at the low end of the range of rates charged by other firms providing city attorney services to cities in Northern California. The proposed rates are lower than the rates the City has paid other attorneys providing legal services to the City. For example, Liebert, Cassidy & Whitmore bills its personnel and labor law services (partner rate) at $390 per hour.

Other changes to the City Attorney Retainer Agreement which are being proposed are: (a) the existing agreement provides that the City Attorney will not charge travel time except for out-of-city travel and for matters involving litigation. The proposed amendment charges for out-of-city travel and for matters involving litigation, and for travel time to and from Council meetings, Planning Commission meetings, and other meetings at City Hall but at 50% of the hourly rate of the person traveling.

Recommended Council Action
It is recommended that the Council adopt the resolution.

Alternative Actions
• Do not adopt the resolution.
• Adopt the resolution with changes
Agenda Item #4.4:

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Financial Impact
The proposed increase in the cost recovery rate should not impact the City’s general fund because cost recovery fees are ultimately paid by third parties, not the City. The proposed increase in the non-litigation hourly rate is 23% more than the current non-litigation rate. Nonlitigation work constitutes the largest portion of work performed by the City Attorney for the City. In calendar year 2021, the City was billed $133,317 for non-litigation work performed by the City Attorney’s office. If the same level of services were performed on a going-forward basis, the 23% increase would result in an additional $30,662 cost to the general fund on an annual basis.

In terms of litigation, it is always difficult to predict the level of litigation the City will be involved in. For the same 12-month period mentioned above, the City incurred $73,883 in legal fees with the City Attorney’s office in defending lawsuits brought against the City, $69,167 of which was incurred in successfully defending the Protect Our Plaza v. City of Sonoma lawsuit. That lawsuit has almost concluded and thus, will no longer generate significant legal fees for the City. At the present time, other than winding down the Protect Our Plaza lawsuit and implementing the CARLA (Jasper) v. City of Sonoma settlement agreement, there is no litigation in which the City Attorney’s office is actively engaged on behalf of the City of Sonoma. In short, the impact on the City’s budget due to the increase in the litigation rates is too difficult to predict at this time.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
8-17-2015 Amended & Restated Retainer Agreement
Resolution
2022-3-30 First Amend to Amended-Restated City Atty Agmt

EX A - Hourly Fee Comparison Chart

EX B - Proposed Hourly Rates (Sonoma)
CC
n/a
Agenda Item #4.4:

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AMENDED AND RESTATED CITY OF SONOMA AND CITY OF SONOMA AS

SUCCESSOR AGENCY ATTORNEY AGREEMENT
THIS AGREEMENT is made this 17th day of Au
gust, 2015, by and between the CITY
OF SONOMA and the CITY OF SONOMA AS THE SU

CCESSOR AGENCY TO THE

COMMUNITY DEVELOP
MENT AGENCY ("Agency") (hereinafter sometimes collectively referred to as the "CITY") and JEFFREY A. WA
LTER, a professional law corporation dba
Walter & Pistole (hereinafter referred to as the " ATTORNEY").

RECITALS
WHEREAS, JEFFREY A. WALTER is an attorney licensed to practice law in all the Courts of the State of California, and the
CITY desires to retain him and his firm to
provide legal
services to the CITY as the CITY's City Attorney and General Counsel to the AGENCY; and WHEREAS, the ATTORNEY and the CITY agree to ATTORNEY's provision of legal services to the CITY under the following terms and conditions.

NOW, THEREF

ORE, IT IS MUTUALLY AGREED
AS FOLLOWS:

AGREEMENT

1. Tenn.

This Agreement shall commence August 17, 2015, and shall continue in full force and effect unless terminated as provided in this Agreement.

T
he City and Agency Attorney
Agreement dated July 7, 2010, between the parties is hereby amended and superseded by this Agreement.

2. Services and Time Devoted.

A. Jeffrey A. Walter is retained as the City Attorney for the CITY and General
Counsel to the Agency. The parties
understand and agree that the ATTORNEY may, from time
to time, utilize other attorneys who are members of or associated with ATTORNEY to assist in the performance of this Agreement. The ATTORNEY shall render those services normally rendered by a City Attorney and successor agency counsel including, but not limited to, attending staff meetings, regular and special City Council meetings, and other meetings as required by the CITY; drafting and reviewing of contracts, correspondence, deeds and other documents; prosecuting and defending all litigation matters on behalf of the CITY ( except those covered by the CITY,s insurance carrier or actions in which the CITY chooses to use other legal counsel); conducting legal and factual research; attending office conferences with staff, Council members and other persons or entities; rendering advice and opinions; providing those services
described on Exhibit A attached hereto and incorporated by reference; and pro viding other legal
services ( except as bond counsel) as may be
necessary or appropriate and assigned to
ATTORNEY in order to provide the CITY with legal representation commensurate with its needs.

B. The ATTORNEY agrees to devote
whatever time is necessary to render the
services outlined in the preceding paragraph.
1 Agenda Item #4.4:

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C. The A TIORNEY shall provide legal services to the
CITY as
an independent
contractor, with control over its office, hours, support staff, and other matters except as provided
herein.

D. Wherever feasi
ble, the ATTORNEY shall utilize its experience and representation of other cities to share research and reduce the costs to the CITY incurred by the CITY in representing the CITY in matters which are common to more than one of the ATTORNEY's municipal clients.

3. Compensation.

A. For each hour of legal services rendered by the ATTORNEY or any other attorney associated with the ATTORNEY in connection with matters not involving litigation, the ATTORNEY shall be paid $195.00.

B. For each hour of services rendered by the ATTORNEY in connection with matters involving litigation, the ATTORNEY shall be paid $225.00. (1) "Matters involving litigation" shall be defined to mean any matter (I) which is the subject of litigation, arbitration, grievance or formal proceedings in which the CITY is a named party, (2) for which the CITY Council has given its authorization to the ATTORNEY to defend, initiate or investigate the defense or initiation oflitigation, arbitration, grievance or other formal proceedings on behalf of the CITY, or (3) which is the subject of litigation, arbitr
ation, grievance or formal proceedings in which the
CITY is involved in some manner,
such as a witness.

For each
hour of services rendered by a paralegal or legal assistant, the ATTORNEY shall be paid $125.00.

D. For each hour of services which the ATTORNEY or any other attorney associated with the ATTORNEY performs in connection with a matter: (1) for which the CITY receives
legal fees and costs reimbursement from private parties or other sources besides the CITY's general fund, or (2) involving condemnation or other proceedings initiated by the ATTORNEY or its associated attorneys for the benefit of private parties or their interests, the ATTORNEY shall be paid $275.00.

E. Any legal services rendered hereunder which consume less than an hour shall be billed at the above-stated rates on a proportionate basis and rounded to the nearest one-tenth
( 1/10th)
of an hour.

F. The ATTORNEY shall be paid the compensation and costs provided for herein on a monthly basis for services rendered and costs incurred during the month period immedi ately
preceding each billing statement the ATTORNEY submits to the CITY. The CITY sh all pay the
sums specified as owi
ng in each said statement in a timely and prompt manner.

G. The CITY shall not be billed for attorney time spent in travel except for meetings required by the CITY held outside the CITY's limits and for matters involving litigation. 2 Agenda Item #4.4:

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H. On August 17 of each year, ATTORNEY may increase the rates specified in Paragraphs 3(A), (B), (C) and (D) by the previous twelve months' change in the Consumer Price Index, San Francisco Metropolitan Area, All Urban Consumers, not to exceed 5% each year or rounded to the nearest $5.00. Calculations shall be completed by ATTORNEY and submitted to
the CITY MANAGER for review no later than April 1 of each year proposed for increase.

4. Monthly Billings; Expense Reimbursements.

A ITORNEY shall bill the CITY on a monthly basis. Each bill shall indicate the date of the work done, the work that was accomplished, the attorney or paralegal who performed the work, and the fee for the work. To each bill, ATTORNEY shall add an administrative charge of

1.5% of legal fees in lieu of separately itemizing general overhead costs which are generally chargeable to a client, including long distance telephone service, facsimile charges, regular postage, and routine copying of documents. ATTORNEY shall regularly monit or its actual
administrative expenses to ensure that the administrative charge is a fair and reasonably approximation of actual expenses. ATTORNEY will bill the time spent in separate acc ounts, as
requested by the CITY.

The following out-of-pocket expenses will be separately itemized and included in bills to the CITY: (1) extraordinary operating expenses, including items such as messenger services, overni
ght mail charges, extraordinary copying, and computer-assisted research; (2) necessary travel and subsistence expenses; and (3) court costs, including filing fees, witness fees, and deposition and discovery costs not paid directly by the CITY.

5. Offices, Equipment and Supplies.

A. The ATTORNEY shall supply its own offices, secretarial, and staff assistance, equipment and supplies and pay all associated costs.

B. The CITY shall supply the ATTORNEY with any special supplies that the CITY may require.

6. Employment of Consultants and Associates.

The ATTORNEY, with consultation with the City Manager and the approval of the Council, may retain special counsel to assist ATTORNEY in fulfilling the tenns and conditions of this Agreement. The costs of retaining such counsel shall be paid for by the CITY in the
manner and at the time the ATTORNEY is paid its monthly bill.

7. Termination.

This Agreement may be terminated by either party by giving thirty (30) days notice to the other party of its intention to terminate this Agreement.

8. Addresses.

All notices required by this Agreement shall be deemed effective upon personal delivery or three (3) days after deposit into the United States mail, postage prepaid, and addressed to the 3 Agenda Item #4.4:

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other party at the address specified below:

City Manager
City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476-6618
Jeffrey A Walter
Walter & Pistole
670 W. Napa Street, Suite F
Sonoma, CA 95476-6437

9. Insurance.

During the term of this Agreement, ATTORNEY shall at all times maintain liability insurance coverage for professional liability. A copy of the policy shall be provided to the CITY upon request.

10. Document Retention Policy.

The CITY is entitled upon written request to review any files in ATTORNEY's possession relating to the legal services performed by the ATTORNEY for the CITY, excluding internal accounting records and other documents not reasonably necessary to the CITY's representation, subject to ATTORNEY' s right to make copies of any files withdrawn by CITY.

Once a matter is concluded, ATTORNEY will close the file. CITY' s physical files may be sent to storage offsite, and thereafter there may be an administrative cost for retrieving them from storage. ATTORNEY normally destroys files five (5) years after a matter is closed, unless other arrangements are made with the CITY.

All CITY-supplied materials and all attorney-end product (referred to generally as "City Materials") are the property of the CITY. Attorney-end product includes, for example, original finalized and signed contracts, pleadings, and trust documents. Attorney work product is the property of ATTORNEY. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney-client correspondence and conflicts materials.

After the close of a matter, or upon the termination of this Agreement, whichever comes later, ATTORNEY will notify the CITY of any City Materials that remain in A TTORNEY's possession. CITY will be invited to retrieve these City Materials within 45 days of notice, or CITY may direct ATTORNEY to forward the City Materials to the CITY, at CITY's expense. If within 45 days of this notice CITY fails to retrieve the City Materials or fails to request ATTORNEY to forward them, the CITY authorizes ATTORNEY to destroy the City Materials.

After the 45-day period during which the CITY has failed to advise the ATTORNEY that the CITY desires to retrieve the files, ATTORNEY will, consistent with all applicable rules of professional conduct, use its discretion as to the retention or destruction of all attorney work product and any City Materials that remain with ATTORNEY. 4 Agenda Item #4.4:

Page 59 of 99 ends

Executed at Sonoma, California, on the date first written above.

CITY OF SONOMA
By ;;;;LJU1J David Cook, Mayor

CITY OF SONOMA AS SUCCESSOR

AGENCY TO THE FORMER

COMMUNITY DEVELOPMENT AGEN
CY
By:/2 0 ~
D
avid Cook, Chairperson
5 JEFFREY A. WALTER, a
Professional Law Corporation
Agenda Item #4.4:

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EXHIBIT A
Attorney Services
Except as provided elsewhere in this Agreement, the ATTORNEY shall provide all of the usual, customary and necessary services, normally provided by a City Attorney and Agency General Counsel to the CITY as the SUCCESSOR AGENCY to the former COMMUNITY DEVELOPMENT AGENCY, as those services are required. The scope of services to be provided shall include the following:

1. Attendance at departmental meetings, staff meetings or committee meetings deemed necessary and appropriate, or as requested by the City Manager or City Council;

2. Research, preparation or review of all written opinions, ordinances, resolutions, agreements, leases, public works contracts, and other documents of a legal nature necessary or requested by the City Manager or City Council;

3. Provision of all legal advice on behalf of the City to City Council members, City Manager, Commissioners, department heads and other designated personnel as appropriate;

4. As requested by the City, commencement and prosecution of all criminal actions necessary and appropriate to enforce municipal ordinances, including enforcement through administrative proceedings;

5. Monitoring and advising the City Council and staff oflegislation and case law affecting the City;

6. Representing the City in the administration of all claims and litigation filed by or against it; provided, however, that outside counsel shall be retained in the event of a conflict of interest which disqualifies the ATTORNEY from such representation;

7. Rendering advice and assistance to City's representatives on labor relations matters, reviewing memoranda of understanding or other labor agreements, drafting implementing legislation or other pertinent documents and representation of City before mediators or arbitrators on matters arising from memoranda of understanding or the City's personnel rules;

8. Rendering advice and assistance in the administration of the City's general liability risk management and insurance programs;

9. Monitoring activities of any special counsel retained by the City; and I O. Providing conflict of interest assistance to Council/ Agency and staff on behalf of the City/Successor Agency and assisting staff members in seeking advice from the FPPC. 6 Agenda Item #4.4:

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City of Sonoma
RESOLUTION # _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SONOMA APPROVING THE FIRST AMENDMENT TO AMENDED

AND RESTATED CITY ATTORNEY RETAINER AGREEMENT
WHEREAS, the law firm of Colantuono, Highsmith & Whatley, PC, and its predecessor, the law firm of Walter & Pistole and Jeffrey A. Walter have provided high quality legal services to the City since 2010; and
WHEREAS, the rates charged by the City Attorney have not changed for seven (7) years, and it is reasonable to increase the rates paid to the City Attorney to rates which are competitive and still remain as some of the lowest rates charged by contract city attorneys in Northern California:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA RESOLVES AS FOLLOWS:

1. The First Amendment to Amended and Restated City Attorney Retainer Agreement attached hereto is approved and the City Manager is authorized and directed to execute same on behalf of the City of Sonoma.

PASSED AND ADOPTED by the City Council of the City of Sonoma at a regular meeting held on 6th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Jack Ding, Mayor
Rebekah Barr, MMC, City Clerk
Agenda Item #4.4:

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1 FIRST AMENDMENT TO AMENDED AND RESTATED

CITY ATTORNEY RETAINER AGREEMENT
THIS AGREEMENT (“First Amendment”) is entered into on this 6th day of April, 2022, by and between the CITY OF SONOMA (“CITY”) and COLANTUONO, HIGHSMITH & WHATLEY, PC (“ATTORNEY”).

1. The Amended and Restated City of Sonoma and City of Sonoma as Successor Agency Attorney Agreement dated August 17, 2015, by and between CITY and Jeffrey A. Walter, a Professional Law Corporation (the “Original Agreement”) which said Original Agreement has been assigned by Jeffrey A. Walter, a Professional Law Corporation, to ATTORNEY is amended as follows:

A. Section 3(A) is amended to read as follows:
“A. For each hour of legal services rendered by the ATTORNEY or any other attorney associated with the ATTORNEY in connection with matters not involving litigation, the ATTORNEY shall be paid $240.00.”
B. The first sentence in Section 3(B) is amended to read as follows:
“B. For each hour of services rendered by the ATTORNEY in connection with matters involving litigation, the ATTORNEY shall be paid $285.00.” C. Section 3(C) is amended to read as follows:
“C. For each hour of services rendered by a paralegal or legal assistant, the ATTORNEY shall be paid $150.00.”
D. Section 3(D) is amended to read as follows:
“D. For each hour of services which the ATTORNEY or any other attorney associated with the ATTORNEY performs in connection with a matter: (1) for which the CITY receives legal fees and costs reimbursement from private parties or other sources besides the CITY's general fund, or (2) involving condemnation or other proceedings initiated by the ATTORNEY or its associated attorneys for the benefit of private parties or their interests, the ATTORNEY shall be paid $425.00.”
E. Section 3(G) is amended to read as follows:
“G. The CITY shall be billed for ATTORNEY time spent in required travel at the rate of fifty percent (50%) of the ATTORNEY’s hourly rate based upon the nature of the legal services for which the travel is required.”
Agenda Item #4.4:

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2 F. Section 3(H) is amended to read as follows:
“H. On August 17 of each year, ATTORNEY may increase the rates specified in Paragraph 3 by the previous twelve months' change in the Consumer Price Index (CPI), San Francisco Metropolitan Area, All Urban Consumers (utilizing the most recent CPI data available), not to exceed five percent (5%), rounded to the nearest $5.00. Calculations shall be completed by ATTORNEY and submitted to the CITY MANAGER for no later than April 1 of each year in which the increase is to become effective.” G. Section 3(I) is added to read as follows:
“I. For each hour of services rendered by a law clerk in connection with any matter, the ATTORNEY shall be paid $200.00.”

2. This First Amendment shall go into effect on April 1, 2022.

3. The Original Agreement, as amended by this First Amendment, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto execute this First Amendment on the date first appearing above.

ATTORNEY CITY OF MARTINEZ

COLANTUONO, HIGHSMITH & SUE CASEY, ACTING CITY MANAGER

WHATLEY, PC
By: JEFFREY A. WALTER, Shareholder and
Vice-President
Agenda Item #4.4:

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COMPARATIVE HOURLY RATES

EXHIBIT A
City/Town Non-Litigation Special Services1 Litigation Cost Recovery General Services
Belvedere2 $240/$250 $240/$250 $240/$250
Fairfax3 $295 $295 $225
Healdsburg $260/$285 $260/$285 $300/$475 $230/$250
Mill Valley $240 $250/$325 $240
Richmond $265/$325 $265/$325 $280/$350 $250/$265
Ross $335 $335 $265
San Anselmo $240/$250 $240/$250 $240/$250
Sausalito $275/$325 $275/$325 $425/$475 $230/$2654
Sonoma $195 $225 $280
Tiburon $335 $335 $265
Windsor $335 $335 $405 $275
Liebert, Cassidy
& Whitmore $3905
Jon Holtzman
(Renee Law
Firm)
$365
Nielsen
Merksamer $675
Footnotes:

Where two figures are shown divided by a backslash (/), the first figure is the amount charged for associates and the second figure is the amount charged for senior attorneys.
1 Some cities’ retainer agreements divide their legal services into general vs. special services, the latter being charged at higher rates. Special services often include drafting real estate documents, collective bargaining and handling personnel issues, researching and drafting ordinances, and providing CEQA advice, among other things.
2 The rates shown here were those in effect in 2020 for the following cities: Belvedere, San Anselmo, Mill Valley, and Sausalito.
3 Rates in effect in 2021.
4 To go into effect 7/1/2022.
5 Partner rates.

Agenda Item #4.4:

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EXHIBIT B

PROPOSED HOURLY RATES

CITY OF SONOMA
Current Proposed
Paralegal $125/hour $150/hour
Non-Litigation $195/hour $240/hour
Litigation $225/hour $285/hour
Cost Recovery $280/hour $425/hour
Law Clerks $200/hour
Agenda Item #4.4:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - Apr 06 2022
Department
Public Works
Staff Contact
Oriana Hart, Public Works Admin & Project
Manager
Agenda Item Title
Approve the Notice of Completion (NOC) for the 2020 Fire Flow Improvement Project Constructed by D&D Pipelines, Inc., Authorize the Acting City Manager to Sign the NOC, and Direct the City Clerk to File the NOC at the County of Sonoma Recorder’s Office.

Summary
As described in the 2018 Water Master Plan Update, residents, visitors and businesses in Sonoma rely on the City to deliver high quality, dependable water for a variety of community needs including consumption, hygiene, and irrigation. People also count on the City to deliver water that the Sonoma Valley Fire District needs to protect lives, homes and properties of the residents, visitors and business owners in Sonoma and the surrounding area. Fire flow improvements recommended in the 2018 Water Master Plan were the basis for the scope of the 2020 Fire Flow Improvements Project (Project).

The City Council adopted the Project construction plans via resolution, accepted contractor bids, authorized award of construction contract in the amount of $532,549 to D&D Pipelines, Inc. (D&D) and authorized a 10% contingency ($53,254.90) at their meeting on June 21, 2021.

The Project upsized smaller diameter water main pipelines to at least 8-inch diameter to achieve sufficient fire flow throughout the City. The Project also extended a City water main pipeline under Junipero Serra Drive and installed a water main connection point in close proximity to a Valley of the Moon District (VOMWD) fire hydrant, allowing VOMWD and City to interconnect distribution systems and share water during emergencies.

D&D installed approximately 300 lineal feet of new 8-inch and 10-inch diameter water pipelines along Junipero Serra Drive from Fano Lane to Merritt Court, and 910 lineal feet along Denmark Street between 5th Street East and Louise Lane. The Project also included replacement of water services and installation of fire hydrants on existing water pipelines along Denmark Street, 2nd St East, and W. Spain St.

The Project was substantially completed on December 10, 2021. Project completion occurred in March 2022 with resolution of final punch-list items with D&D, negotiated and signed off by the Project Construction Manager Jane Rozga of GHD and City Public Works Administrative and Project Manager Oriana Hart and incorporated in Contract Change Order No.1.

Recommended Council Action
It is recommended the City Council approve the NOC, authorize the Acting City Manager to sign the NOC, direct the City Clerk to file the NOC at the County of Sonoma Recorder’s Office and authorize the release of retention (in the amount of $28,745.80) 35 days following the recordation of the NOC.

Agenda Item #4.5:

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Alternative Actions
City Council discretion.

Financial Impact
The final contract construction amount is $574,916, which is within the approved project construction budget of . No City General Funds were expended on this project. Water Enterprise Funds for Capital Improvement Program Project W-6 in the Fiscal Year 2019-20 budget provides funding for the construction contract, contingency, and construction management, inspection, and materials testing services. Funding of the project was considered in the 2018 Water Rate Study.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Fire Flow Notice of Completion
CC:
n/a
Agenda Item #4.5:

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270023.1
OFFICIAL BUSINESS: Exempt from Recording Fees Pursuant to California Government code §6103.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned City of Sonoma, a Municipal Corporation, caused certain work to be performed within the City of Sonoma, which work is generally described as:
2020 Fire Flow Improvement Project

2. The name and address of the Contractor responsible for the performance of such work is:

D&D Pipelines, Inc
524 San Anselmo Ave, Ste 146
San Anselmo, CA 94960

3. On the 10th day of December, 2021, such work was completed and on the 6th day of April, 2022, the work was accepted by the City of Sonoma.

4. The property described in this instrument is owned by or adjacent to property owned by the City of Sonoma.

Recording of this document is requested for CITY OF SONOMA and on behalf of the City of Sonoma, a Municipal Corporation, under Section 6103 of the Government Code.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Susan Casey, Acting City Manager
ATTEST:

Rebekah Barr, MMC, City Clerk
When recorded, return to:

City Clerk
City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
Agenda Item #4.5:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - Apr 06 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Receive Council Member Lowe's Appointment of Vickie Haraszthy to the Design Review & Heritage Preservation Commission to fill the Vacancy Left by Terry Birt's Resignation Summary
Per the Council’s Commission Appointment Policy, each Council Member shall be entitled to appoint one member of each of the Group B Commissions. No formal interview process by the Council is required. It shall be left to the sole discretion of each Council Member as to the nature and scope of any interview or investigation into the qualifications and/or background of the candidates. When a vacancy occurs, the City Clerk is required by the Maddy Act to post the vacancy and an appointment cannot be made for a minimum of ten days.

Commissioner Terry Birt resigned on March13th from the Design Review & Historic Preservation Commission. Since Ms, Birt was previous Council Member Harrington's direct appointment, the appointment to fill the vacancy will be by Council Member Lowe.

The “Maddy Act” posting was completed, and the following individual submitted an application (copy attached).
• Vickie Haraszthy
After review, Council Member Lowe has chosen to appoint Vickie Haraszthy to the vacant seat on the Design Review & Historic Preservation Commission. Ms. Haraszthy's term will be through January 31, 2025, since Council Member Lowe's term ends in December 2024. If Council Member Lowe runs in the November 2024 election and is successful, then she could choose to reappoint Ms. Haraszthy.

Recommended Council Action
Receive appointment.

Alternative Actions
Council discretion.

Financial Impact
There is no financial impact.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Approved/Certified
No Action Required
Agenda Item #4.6:

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Exempt
Not Applicable
Action Requested
Attachments
Commission Application - Vickie Haraszthy
N
Agenda Item #4.6:

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THIS DOCUMENT AND ALL ATTACHMENTS ARE AVAILABLE FOR PUBLIC INSPECTION City of Sonoma

COMMISSION APPLICATION
Received Date: April 1, 2022
Application Type: Design Review & Historic Preservation Commission
CA224
NAME: Vickie Haraszthy
ADDRESS:

PHONE:

EMAIL ADDRESS: [email protected]
EMPLOYMENT STATUS: Retired
REASON FOR APPLYING: Nominated by Sandra Lowe and pleased to accept.

EDUCATIONAL BACKGROUND: Robert E. Fitch High School, Groton, CT One year college ~ College of Marin.

COMMUNITY INVOLVEMENT: Sonoma Valley Film Fest, Sonoma Valley Mentoring Alliance, SVUSD employee and volunteer for many years.

GENERAL QUESTIONS:

Have you ever attended a meeting of the Commission to which you are applying? If so, how many? No
What is your understanding of the role and responsibility of this Commission? Join a group of dedicated voices making decisions regarding the overall look and feel of our town.

What would be your goal(s) as a Commissioner?
I see myself as a person that has lived in Sonoma half of my life and could be an advocate to preserve but also look towards the future.

What do you feel you could contribute to see these goals realized? Strong interest in preserving and being a part of the decision process in preserving Sonoma's design future. As well, I and my family share strong ties to Sonoma history.

Have you previously served, or do you currently serve, on a Sonoma Commission or Committee? If yes, which one(s) and for what period of time?
No
SUPPLEMENTAL QUESTIONS:

If appointed, you will be required to fill out a disclosure statement, which identifies certain details of your financial interests beginning with the immediate twelvemonth period prior to your appointment and annually on or before April 1 of each year thereafter. Please confirm that you have read Fair Political Practices Commission (FPPC) Form 700 Reference Pamphlet and the City’s Conflict of Interest Code agree to file the required FPPC Form 700 Statements of Economic Interest, as required by the Political Reform Act and/or the City’s Conflict of Interest Code.

I AGREE ☒
Agenda Item #4.6:

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THIS DOCUMENT AND ALL ATTACHMENTS ARE AVAILABLE FOR PUBLIC INSPECTION Do you own property in the City of Sonoma? No
Do you rent property in the City of Sonoma? No
Do you have a defined idea about, or have you taken a public stance on, any current or pending projects in the City? If yes, please explain (This includes social media, speaking to a Commission or the Council, letters to the editor, signed a petition etc.)
No
I agree that all of the information contained in my responses to the questions on this application are true and accurate to the best of my knowledge. I further agree that, by checking the box below and submitting this application, online or otherwise, I am affixing my digital signature to this form as of the date submitted. I also agree that if appointed, I will serve on the Commission/Committee for which I have submitted this application.
☒ I AGREE
Vickie Haraszthy April 1, 2022
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278119.1
City of Sonoma
Agenda Item Summary
Meeting:

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 Sonoma Municipal Code, Title 19, Chapter 19.56, Section 19.56.040(D) (Permit Implementation, Time Limits, Extensions), Chapter 19.84, Sections 19.84.030(B), 19.84.040(C) and 19.84.040(E) (Appeals), and Chapter 19.92, Section 19.92.020 (Definitions). The proposed amendments to the Sonoma Municipal Code are exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.

Summary
The proposed zoning code amendments (see Attachment 1) represent the continued efforts by staff to simplify and streamline the zoning code (also known as the "Development Code") which has included collaboration with the City Council Zoning Ad Hoc Committee (comprised of Vice Mayor Barnett and Council Member Felder).

On March 10, 2022, the Planning Commission reviewed the proposed zoning code amendments in the attached draft ordinance and unanimously recommended approval of the amendments being presented to the City Council. The Planning Commission also reviewed proposed zoning code amendments to Chapter 19.48 (Parking and Loading) but did not recommend that those amendments be forwarded to City Council at this time. The Planning Commission provided direction to staff regarding areas that it determined needed additional clarification which will be discussed and forwarded to the City Council at a later time. The amendments in the draft ordinance propose changes to the following Chapters:
• Chapter 19.56.040(D) - (Permit Implementation, Time Limits, Extensions) Would add a procedure for applicants to request a hearing before the Planning Commission to determine the continued validity of a permit or approval or whether or not a permit or approval has expired or will expire.
• Chapter 19.84 (Appeals)
Amendments to Chapter 19.84 would align timelines (business days) associated with filing appeals with prior code amendments made to Chapter 19.56 last year. • Chapter 19.92 (Definitions)
Chapter 19.92 would add new definitions and add clarifications for frequently used terms relating to site development.

Recommended Council Action
Introduce the Ordinance Amending Sonoma Municipal Code, Title 19, Chapter 19.56, Section

19.56.040(D) (Permit Implementation, Time Limits, Extensions), Chapter 19.84, Sections 19.84.030(B),

19.84.040(C) and 19.84.040(E) (Appeals), and Chapter 19.92, Section 19.92.020 (Definitions) and find Agenda Item #5.1:

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278119.1
that the proposed amendments to the Sonoma Municipal Code are exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.

Alternative Actions
Council discretion
Financial Impact
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #5.1:

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It is Updated as New Correspondence is Received.
https://sonomacity.civicweb.net/filepro/documents
STAFF CONTACTS:

City Council City Clerk (707) 933-2216
Planning, DRHP, CSEC Planning (707) 933-2204
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1 278076.2
City of Sonoma
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING THE SONOMA MUNICIPAL CODE, TITLE 19, CHAPTER

19.56, SECTION 19.56.040(D) (PERMIT IMPLEMENTATION, TIME LIMITS, EXTENSIONS), CHAPTER 19.84, SECTIONS 19.84.030(B),

19.84.040(C) AND 19.84.040(E) (APPEALS), AND CHAPTER 19.92, SECTION 19.92.020 (DEFINITIONS) AND FINDING THAT THE

PROPOSED AMENDMENTS TO THE SONOMA MUNICIPAL CODE

ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL ACT
(CEQA) PURSUANT TO SECTION 15061(B)(3) - GENERAL RULE - OF THE CEQA GUIDELINES.

WHEREAS, the California Legislature has declared that there is a severe shortage of affordable housing and has changed laws to expedite the local residential development process; and
WHEREAS, California Governor Gavin Newsom signed several housing bills into law (SB 13, SB 330, AB 68, AB 881, AB 587 and AB 670) in fall of 2019 that amend California Government Code requiring the City to modify local regulations to further facilitate development of housing; and
WHEREAS, the City desires to amend its local land use regulatory process to facilitate the construction of housing to comply with State law; and WHEREAS, the Sonoma City Council and Planning Commission have independently discussed the need for updates to the Development Code (also known as the “Zoning Code”) for greater clarity, consistency and ease of use and understanding; and WHEREAS, on March 10, 2022, the Planning Commission discussed amendments to Chapter 19.56 (Permit Implementation, Time Limits, Extensions), Chapter 19.84 (Appeals), and Chapter 19.92 (Definitions).

WHEREAS, the Planning Commission unanimously recommended that the City Council introduce an ordinance amending Chapters 19.56, 19.84, and 19.92; and WHEREAS, the City Council found this Action to amend the Sonoma Municipal Code to be Exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines prior to taking action; and WHEREAS, on April 6, 2022, the City Council considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan; and Agenda Item #5.1:

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2 278076.2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendments to the Sonoma Municipal Code
The Sonoma Municipal Code is hereby amended to read as follows:

A. Section 19.56.040(D) of the Sonoma Municipal Code is amended to read as follows:

D. Hearing on Expiration and/or Validity of Permits or Approvals. At the request of the applicant or permittee, the city planner may schedule a hearing before the planning commission in compliance with SMC Chapter 19.88, Public Hearings, to determine (i) the continued validity of a permit or approval or (ii) whether or not a permit or approval has expired or will expire. The planning commission, and the city council on appeal, if an appeal is filed, may decline, for any reason, to determine the continued validity of a permit or approval or whether or not a permit or approval has expired or will expire. Any applicant or permittee who requests such a hearing and determination shall, pursuant to SMC Section 19.03.060, indemnify, defend, and hold the city harmless from any legal proceeding brought to challenge the planning commission’s and/or city council’s decision, irrespective whether the planning commission and/or city council makes a determination pursuant to this Section

19.56.040.D or declines to make any such determination. In the event of an appeal of the planning commission’s decision pursuant to this section, the city council’s decision shall supersede that of the planning commission.

B. Section 19.84.030(B) of the Sonoma Municipal Code is amended to read as follows:

B. Timing and Form of Appeal. All appeals shall be submitted in writing on a city application form, and shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals shall be filed in the office of the city clerk within 8 business days following the final date of the determination or action being appealed.

C. Section 19.84.040(C) of the Sonoma Municipal Code is amended to read as follows:

C. Joining an Appeal. Only those persons who file an appeal within the 8 businessday appeal period in compliance with SMC 19.84.030(A), Eligibility, shall be considered the appellants of the subject permit. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Agenda Item #5.1:

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3 278076.2
subsection (A) of this section. No person shall be allowed to join an appeal after the end of the 8 business-day appeal period.

D. Section 19.84.040(E) of the Sonoma Municipal Code is amended to read as follows:

E. Effective Date of Appeal Decision. A decision by the commission is effective on the ninth business day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision. A final decision by the city council with regard to an appeal shall take the form of a resolution.

E. Section 19.92.020 of the Sonoma Municipal Code is amended to add the following definitions:
“Demolition” means the act of tearing down, removing, or replacing an existing building, structure, or other physical improvement. For structures other than buildings (e.g., fences, retaining walls), removal of more than 75 percent of the length or area of the structure shall be considered demolition. For buildings, cumulative removal or substantial modification of more than 25 percent of the linear sum total of a building's exterior walls, counted for all stories, shall be considered demolition of the building. Modification of improvements is considered to be substantial when the work makes structural modifications to the exterior walls of buildings in accordance with the California Building Code, including new shear walls over existing framing and/or the substitution or replacement of existing framing materials. The installation of interior drywall and in-kind replacement of exterior material treatment (e.g., stucco for stucco), regardless of color, is considered substantial modification only when structural modifications are included. The replacement of doors and windows are not considered to be substantial modifications. “Lot Pad Graded Area” means the size of the grading pad supporting the boundaries of the structure’s foundation, vehicle access, parking spaces and graded areas as shown on the approved grading plan.

F. Section 19.92.020, “Garage” or “carport”, of the Sonoma Municipal Code is amended as to provide the following definition:
“Garage” or “carport” means parking space and shelter with solid roof material for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 19.48 SMC, Parking and Loading Standards.

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4 278076.2

1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2. A carport is an attached or detached accessory structure enclosed on no more than two sides.

SECTION 2. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan because the amendments the amendments promote and preserve the use of property for housing; B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments allow for an orderly hearing and appeal process for development permits and other entitlements and provide additional detail to the development code’s definitions.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent Agenda Item #5.1:

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5 278076.2
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 6. Publication.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 7. This Ordinance Prevails Where There is Conflict.

To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
__________________________
Jack Ding, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the April 20, 2022 by the following vote:

AYES:

NOES:

Agenda Item #5.1:

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6 278076.2
ABSENT:

ABSTAIN:

Approved as to form:
________________________
Jeffrey A. Walter, City Attorney
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278121.1
A. Section 19.56.040(D) of the Sonoma Municipal Code:

D. Hearing on Expiration and/or Validity of Permits or Approvals. At the request of the applicant or permittee, the city planner may hold schedule a hearing on any proposed expiration of a permit before the planning commission in compliance with SMC Chapter 19.88, Public Hearings, to determine (i) the continued validity of a permit or approval or (ii) whether or not a permit or approval has expired or will expire. The planning commission, and the city council on appeal, if an appeal is filed, may decline, for any reason, to determine the continued validity of a permit or approval or whether or not a permit or approval has expired or will expire. Any applicant or permittee who requests such a hearing and determination shall, pursuant to SMC Section 19.03.060, indemnify, defend, and hold the city harmless from any legal proceeding brought to challenge the planning commission’s and/or city council’s decision, irrespective whether the planning commission and/or city council makes a determination pursuant to this Section 19.56.040.D or declines to make any such determination. In the event of an appeal of the planning commission’s decision pursuant to this section, the city council’s decision shall supersede that of the planning commission.

B. Section 19.84.030(B) of the Sonoma Municipal Code:

B. Timing and Form of Appeal. All appeals shall be submitted in writing on a city application form, and shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals shall be filed in the office of the city clerk within 8 business 15 days following the final date of the determination or action being appealed.

C. Section 19.84.040(C) of the Sonoma Municipal Code:

C. Joining an Appeal. Only those persons who file an appeal within the 8 business 15 day appeal period in compliance with SMC 19.84.030(A), Eligibility, shall be considered the appellants of the subject permit. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with subsection (A) of this section. No person shall be allowed to join an appeal after the end of the 8 business 15 day appeal period.

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278121.1
D. Section 19.84.040(E) of the Sonoma Municipal Code:

E. Effective Date of Appeal Decision. A decision by the commission is effective on the ninth business sixteenth day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision. A final decision by the city council with regard to an appeal shall take the form of a resolution.

E. Section 19.92.020 of the Sonoma Municipal Code:
“Demolition” means the act of tearing down, removing, or replacing an existing building, structure, or other physical improvement. For structures other than buildings (e.g., fences, retaining walls), removal of more than 75 percent of the length or area of the structure shall be considered demolition.

For buildings, cumulative removal or substantial modification of more than 25 percent of the linear sum total of a building's exterior walls, counted for all stories, shall be considered demolition of the building. Modification of improvements is considered to be substantial when the work makes structural modifications to the exterior walls of buildings in accordance with the California Building Code, including new shear walls over existing framing and/or the substitution or replacement of existing framing materials. The installation of interior drywall and in-kind replacement of exterior material treatment (e.g., stucco for stucco), regardless of color, is considered substantial modification only when structural modifications are included. The replacement of doors and windows are not considered to be substantial modifications.
“Lot Pad Graded Area” means the size of the grading pad supporting the boundaries of the structure’s foundation, vehicle access, parking spaces and graded areas as shown on the approved grading plan.

F. Section 19.92.020, “Garage” or “carport”, of the Sonoma Municipal Code:
“Garage” or “carport” means parking space and shelter with solid roof material for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 19.48 SMC, Parking and Loading Standards.

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278121.1

1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2. A carport is an attached or detached accessory structure enclosed on no more than two sides.

Agenda Item #5.1:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - Apr 06 2022
Department
Administration
Staff Contact
Liz Garcia, Sue Casey, Assistant City Manager
Agenda Item Title
Update on FY 2021-22 Budget to Actuals and Discussion, Consideration and Possible Action to Adopt a Resolution Regarding Mid-Year Budget Amendments to the City of Sonoma’s Operating and Capital Budgets for FY 21/22
Summary
The final budgets for FY 21/22 were adopted on June 22, 2021. The adopted budget included budgets for each fund, as well as a capital budget tied to the 5-year capital improvement plan.

In FY 19/20 the City Council issued a proclamation of a Local Emergency in response to a global health crisis and pandemic brought on by COVID-19 (Coronavirus). The County of Sonoma declared a Local Public Health emergency and subsequently ordered a Shelter in Place directive on March 13, 2020, that restricted most activities, travel, governmental and business functions throughout the County. Additionally, California Governor Newsom issued Executive Order N-33-20 mandating everyone living in the State of California to stay home, except as needed to maintain critical infrastructure sectors continuity of operations. The impact of the COVID-19 global pandemic and the resulting response to slow the spread of the disease greatly impacted business and tourism activities in the City.

With its tourism-based local economy, the City of Sonoma relies heavily on revenues that were significantly impacted by the pandemic. While FY 19/20 began with a balanced budget, steep drops in hotel and sales taxes for the 4th quarter (April – June) led to an estimated revenue shortfall of more than $2M. In May 2020, the City Council approved a plan to reduce expenditures by cutting spending wherever possible and deferring one-time projects. With these cuts, actuals for FY 19/20 (unaudited) show a year-end operating deficit of approximately $550,000, which will be funded with financial reserves. (See Attachment A – General Fund Budget to Actuals FY 19/20 and FY 20/21.)
The General Fund revenues most impacted by the pandemic were hotel taxes (called Transient Occupancy Tax or TOT) and sales taxes. As of January 2020, annual TOT revenues were on track to reach $4.8 million. With the pandemic and related shutdown, the FY 20/21 budget included projected TOT revenue of less than half this amount, down about $2.6 million. Sales taxes are also highly impacted by tourism, with restaurants comprising the largest single segment. Total sales taxes for FY 20/21 were projected at more than $1 million below pre-pandemic levels.

Projected declines in these and other revenues were forecasted to be partially offset by revenue sources with less short-term volatility, such as property taxes. But in total, the FY 20/21 budget projected a $3.3 million decrease in total General Fund revenue (from $20.5 million in the FY 19/20 adopted budget to $17.2M in FY 20/21).

To meet the challenge of balancing the budget in this time of extreme economic uncertainty, the adopted budget for FY 20/21 used a combination of spending reductions and a drawdown Agenda Item #6.1:

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of reserves. Council and staff felt that the use of reserves was an appropriate and important part of the budget solution for the pandemic emergency affecting the City’s financial situation.

As a result of years of fiscal prudence, the City has developed healthy financial reserves, which function as savings accounts or “rainy-day” funds. The portion of this “rainy-day” fund that is designated for Emergency Reserve helps fund the costs of responding to a major fire, earthquake, or pandemic. The Operating Reserve portion is designated to help mitigate the effects of economic downturns on City services and allow time to adjust operations accordingly. Any remaining portions of the reserve balance are available for one-time projects and to restore the emergency and operating reserves to their target levels.

After using a projected $550,000 of reserves in FY 19/20, General Fund Reserves at the beginning of FY 20/21 totaled $8.47 million. The FY 20/21 General Fund adopted budget assumed a further use of $2 million to balance the budget, which would have drawn down reserves to $6.47 million by June 30, 2021. Projected actuals for FY 20/21 indicate there will be a year-end operating deficit of approximately $1.1 million. (Attachment A). This deficit, which is approximately $900,000 less than FY 20/21 budgeted deficit, will reduce reserves to $7.37 million at June 30, 2021.

The FY 21/22 budget was prepared and adopted when much of the pandemic related economic impacts on the City’s tourism-based economy was still unknown. Although the COVD-19 vaccine had just been made available to many, indoor dining limitations were being lifted, and hotels were seeing increases in bookings as visitors were anxious for the in-person experiences such as wine-tasting, eating out and shopping, the risks of another COVID-19 variant, surge, possible fire, and smoke related shutdowns were all considered as the budget was prepared.

Therefore, the original FY 21/22 forecasted budget had very conservative tourism related revenues for sales tax and transient occupancy tax, (TOT).

The $1.9 trillion American Rescue Plan Act (ARPA) was signed into law on March 11, 2021. At the time the FY 21/22 budget was adopted, it was still unclear as to the exact amount of funding, and when the funds would be received by the City, so the revenue was not included in the adopted Budget. The approximated funding of $2.6 million was discussed at the June 22, 2021, Budget Adoption Hearing and Council decided that the revenue, when received, would be used to offset expenses such that the use of reserves during the previous two fiscal years would be restored. The first half of the $2.6 million in funding ($1.3 million) was received on July 13,2021.

The second half of the funding will be received in July 2022. The FY 21/22 mid-year budget adjustments include an increase in revenues of $1.3. There are restrictions on the use of this revenue. The funds cannot be used to directly replenish reserves, but the funding can be allocated to offset projects and expenses currently budgeted in the FY 21/22 General Fund budget.

The first half of FY 21/22 has seen dramatic increases in both sales tax and TOT, with TOT seeing the most significant growth. FY 21/22 year-end projections are indicating actual revenues may be approximately $3.7 more than originally budgeted, (this includes the $1.3 million in ARPA funding), with TOT and Sales Tax providing the additional increases.

Projected expenditures show an increase of $366,980. This increase is primarily due to a Fire District labor agreement increase of $139,110 and an increase of $186,253 for the 1% TOT transfer out to the Housing Trust Fund. The Fire District labor cost increase will be partially offset by a revenue increase of $95,753 that the City received from the Office of Emergency Services (OES) for the use of a City owned Fire truck during the 2021 Fire Season. The transfer out increase is a direct offset to the TOT revenue increase so the net is zero and does not change the bottom line (deficiency of revenue over expense).

Agenda Item #6.1:

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General Fund FY 20/21 Operating Analysis
(See Attachment B – FY 21/22 General Fund Budget to Actual Report through 02/28/22 with Fiscal Year-end Projected Actuals)
General Fund Revenue – FY 21/22
The fiscal year 21/22 adopted budget projected $20,324,329.94 in revenues for the General Fund.
• Property Tax -- Property Tax payments are received from the County in December and April, with a clean-up payment in June. With payments received through December 2021, Property Taxes are expected to come in at forecasted levels. • Sales Tax -- Sales tax (which is received two months in arrears) has been collected through December 2021 and is at 61% of $2,789,128 budgeted revenue. HdL, the City’s sales tax consultant, is estimating the City will receive $3,584,622 for the fiscal year, which is $394,661 more than budgeted revenue, therefore 12.37% higher than forecasted levels. A mid-year budget amendment for the increase in sales tax will be included in the mid-year budget amendment resolution.
• Measure V ½ Cent Sales Tax – Measure V ½ Cent sales tax received through December 2021 is at 60% of $2,496,896 budgeted revenue. HdL, the City’s sales tax consultant, is estimating the City will receive $2,826,902 for the fiscal year, which is $330,006 more than budgeted revenue, therefore 13.22% higher than forecasted levels. A mid-year budget amendment for the increase in Measure V ½ Cent sales tax will be included in the mid-year budget amendment resolution. • Transient Occupancy Tax – Actual TOT has seen a dramatic increase over budgeted revenue. The FY 19/20 revised, FY 20/21 and FY 21/22 TOT budgets used the prepandemic level FY 19/20 actual revenue for July - February as the benchmark or “normal”, as TOT at that point was tracking at 5% above FY 18/19 levels. FY 20/21 actual TOT revenue of $2,873,675 was approximately 61% of FY 19/20 “normal” revenue. For FY 21/22, the TOT budget of $4.0 million was set at a conservative 81% of FY 19/20 “normal” revenue. For night stays through January 2022, (TOT Revenue for January 2022 is due by February 28, 2022), the City has received $3,781,644 or 93.86% of $4,028,992 budgeted revenue. The City is estimating general fund TOT revenues at fiscal year-end to be $6,190,899 which is $2,161,907 more than budgeted revenue, or

53.66% higher than forecasted levels. A mid-year budget amendment for the increase in TOT will be included in the mid-year budget amendment resolution. • Fire Emergency Medical Bills (Ambulance) – EMS billing Revenue is expected to come in $500,000 or approximately 23.81% less than forecasted levels. Ambulance billing is hard to forecast as revenue is not predictable or always based on history. These fees are paid by insurers, Medicare, Medical and some private parties. Although Ambulance calls for service have been slightly up, an increase in Medicare and Medical write-offs are impacting revenues. A mid-year budget amendment for the reduction in revenue will be included in the mid-year budget amendment resolution. • Business License Tax – At February 28, 2022, the City has received 80% of budgeted revenue. Taking into consideration the continued impact of COVID-19 on local businesses, the City is estimating it will receive 83% of forecasted levels. (No amendment will be made at this time as business licenses are received throughout the Agenda Item #6.1:

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year and as the economy continues to recover, the City may see an uptick in new licenses.)
• Other Miscellaneous Revenue – In November 2021 the Redevelopment Agency completed a 2021 Refunding of its 2010 and 2011 Tax Allocation Bonds which will provide significant interest savings. $72,000 in administrative costs were reimbursed to the City during the closing of the bonds. This was not included in the FY 21/22 budget. Additionally, the City received $95,753.63 from the Office of Emergency Services for the Sonoma Valley Fire District’s use of Engine 3361 during the 2021 Fire Season. These two items will be added to the mid-year budget amendment resolution.
• Operating Transfers In – An operating transfer in of $95,000 from Fund 798, (Sonoma Valley Fire District), was incorrectly included in the FY 21/22 Budget. A mid-year budget amendment for the reduction in revenue will be included in the mid-year budget amendment resolution.

Revenue Recap. Mid-year FY 21/22 budget amendments of $1,318,588 for the increase in revenue from the ARPA funding, $394,661 for the increase in sales tax, $330,006 for the increase in Measure V ½ cent sales tax, $2,161,907 for the increase in TOT, $72,000 Other Miscellaneous Revenue increase for the Redevelopment 2021 Refunding Bonds administrative costs, $95,753.63 for the increase in Other Miscellaneous Revenue from the OES Reimbursements for the Sonoma Valley Fire District’s use of Engine 3361 during the 2021 Fire Season, $500,000 for the decrease in EMS billing revenue, and $95,000 for the decrease in Operating Transfers in, are recommended and listed in Attachment C. The total revenue increase for FY 21/22 is projected to be $3,772,609.

General Fund Expenditures – FY 21/22
The adopted General Fund operating budget projected $21,821,356.83 in expenditures for FY 21/22. Staff is recommending several mid-year budget amendments based on additional expenditure requisites since the budget was adopted in June 2021. These amendments total $257,182 and are detailed in Attachment C.

The total FY21/22 year-end salary and benefit projections are forecast at February 2022 to be at 100% of the total $4,324,139 budgeted expense. Although there have been several vacant staff positions throughout the year, higher than budgeted vacation and salary payouts have also occurred. Salary and benefit projections will be updated and refined with subsequent monthly financial reports.

An expenditure increase of $139,100 due to the fire district labor agreement that was approved after the FY 21/22 budget was adopted and the increase of $186,253 for the 1% TOT transfer out to the Housing Trust Fund will be included in the mid-year-budget amendments.

The FY 21/22 Expenditure Budget included funding for a PG&E on-bill financing loan, however, the loan was paid off in May 2021, so the mid-year budget amendments will also include a reduction of $68,182 in expenses.

Additional expenditure detail analysis is contained in Attachment B - FY 21/22 General Fund Budget to Actual Report through 02/28/22 with Fiscal Year-end Projected Actuals.

Agenda Item #6.1:

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General Fund Excess (Deficiency) of Revenue Over Expense Based on FY 21/22 year-end projected revenues of $24,096,939, (18.56% more or $3,772,609) and projected expenditures of $22,228,337, (1.68% more or $366,980), than originally budgeted, it appears there will be an excess of revenue over expense of $1,868,602. Although this surplus is in part due to the Federal Stimulus ARPA funding, it certainly reflects the continued and pronounced economic recovery from the COVID-19 pandemic and is in contrast to the original and conservative FY 21/22 budget, which forecasted a use of $1,537,026 of reserves.

Other Fiscal Year 20/21 Mid-Year Budget Amendments
As we do each year, staff looked at the mid-year financial report for all funds and determined that two budget amendments for funds other than the general fund are needed at this time:

Sonoma Valley Fire District is requesting a mid-year budget amendment of $134,718.24 from the EMS Equipment Replacement Fund #512:
• Purchase of 2 Lifepack 15 Cardiac Monitors, with service plan $49,943.90 (Necessary replacements due to older models no longer being supported.) • Purchase of iPad Docks for new ambulance $2,626.90
• Replacement of Fire Station One’s 24-year-old breathing air compressor $82,147.44 (Includes Medical Oxygen fill station.)
The attached Resolution approving mid-year budget amendments includes the items detailed above and in Attachment C.

Recommended Council Action
Discuss Update on Fiscal Year 21/22 Budget and Adopt a Resolution to Amend Fiscal Year 21/22 Budget Resolution #46-2021 To Accomplish Fiscal Year 20/21 Mid-Year Budget Amendments.

Alternative Actions
Council discretion.

Financial Impact
The FY 21/22 budget was prepared and adopted when much of the pandemic related economic impacts on the City’s tourism-based economy were still unknown. Therefore, the original FY 21/22 budget forecasted very conservative tourism related revenues for both sales tax and transient occupancy tax, (TOT). Also, at the time the FY 21/22 budget was adopted, it was still unclear as to the exact amount of funding, and when the City would receive funds from the American Rescue Plan Act, (ARPA), so the revenue was not included in the adopted budget. In contrast to the conservative FY 21/22 General Fund Operating Budget that was adopted in June 2021 that forecasted a use of $1,537,026 of reserves, the first half of FY 21/22 has seen dramatic increases in both sales tax and TOT, with TOT seeing the most significant growth. It now appears there will be an excess of revenue over expense of $1,868,602. Although this surplus is in part due to the Federal Stimulus ARPA funding, it certainly reflects the continued and pronounced economic recovery from the COVID-19 pandemic.

Agenda Item #6.1:

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Staff is reviewing and revising the City’s five-year long-range forecast with actuals and new information. We continue to closely monitor the City’s finances and will use all of these resources as we work on developing the FY 22/23 budget.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - FY 21-22 Budget Amendments
Attachment A - General Fund Budget to Actuals FY 19/20 & 20/21 Attachment B - FY21-22 GF Budget to Actual Report Through 02/28/22 with FY-End Projected Actuals
Attachment C - FY 21-22 Mid -Year Budget Amendments
CC:
n/a
Agenda Item #6.1:

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City of Sonoma
RESOLUTION # _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA TO AMEND FISCAL YEAR 2021/22 BUDGET RESOLUTION #46-2021 TO ACCOMPLISH FISCAL YEAR 2021/22 MID-YEAR BUDGET AMENDMENTS
WHEREAS, the City Council of the City of Sonoma adopted a final budget for Fiscal Year 2021/22 on June 22, 2021; and
WHEREAS, to keep the budget current it becomes necessary to amend the budget on a periodic basis as events necessitate.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the amendments to Resolution #46-2021 as detailed in Attachment C, to the Resolution.

The foregoing Resolution was duly adopted this 6th day of April, 2021 by the following roll call vote:

AYES:

NOES:

ABSENT:
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.1:

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Attachment A City of Sonoma
Budget to Actuals
FY 19/20 and FY 20/21
Budget Category FY 19/20
Amended Budget
FY 19/20 Actuals
(Unaudited)
FY 20/21
Adopted Budget
FY 20/21 Budget
Adjustments
FY 20/21
Amended Budget
FY 20/21 YTD
Projected Actuals
(100% of Fiscal
Year)
FY 20/21
% Collected/
Expended
Property Taxes $ 4,297,336.00 $ 4,504,042.07 $ 4,527,641.00 $ - $ 4,527,641.00 $ 4,502,127.00 99.44% Sales & Use Taxes $ 2,931,508.00 $ 3,023,458.14 $ 2,789,128.00 $ - $ 2,789,128.00 $ 2,846,463.00 102.06% Measure V Local Sales Tax $ 2,257,000.00 $ 2,265,087.40 $ 2,112,852.00 $ - $ 2,112,852.00 $ 2,305,775.00 109.13% Sales Tax - Public Safety $ 146,600.00 $ 139,680.27 $ 121,347.00 $ - $ 121,347.00 $ 146,213.00 120.49% Fees $ 729,676.00 $ 813,232.43 $ 589,478.00 $ - $ 589,478.00 $ 454,710.00 77.14% Transient Occupancy Tax (TOT) $ 3,209,046.00 $ 3,411,309.14 $ 2,245,436.00 $ (34,029.88) $ 2,211,406.12 $ 2,873,675.00 129.95% Franchise Tax $ 524,362.00 $ 511,295.62 $ 511,020.00 $ - $ 511,020.00 $ 480,075.00 93.94% Business License Tax $ 454,500.00 $ 398,524.05 $ 408,907.00 $ - $ 408,907.00 $ 391,966.00 95.86% Real Property Transfer Tax $ 154,000.00 $ 111,822.50 $ 157,080.00 $ - $ 157,080.00 $ 215,301.00 137.06% Licenses & Permits $ 47,662.00 $ 53,455.00 $ 46,000.00 $ - $ 46,000.00 $ 59,918.00 130.26% Fines & Forfeitures $ 142,587.00 $ 62,571.40 $ 76,875.00 $ - $ 76,875.00 $ 17,281.00 22.48% Interest & Rents $ 109,950.00 $ 120,416.26 $ 77,304.00 $ - $ 77,304.00 $ 84,336.00 109.10% Charges For Services $ 333,714.00 $ 282,204.42 $ 111,768.00 $ - $ 111,768.00 $ 108,471.00 97.05% EMS $ 1,711,754.00 $ 1,906,233.85 $ 1,980,000.00 $ 825,557.00 $ 2,805,557.00 $ 2,199,855.00 78.41% Miscellaneous $ 5,025.00 $ 112,950.27 $ 5,000.00 $ - $ 5,000.00 $ 14,931.00 298.62% Transfers $ 1,138,995.00 $ 1,138,994.00 $ 1,372,941.00 $ - $ 1,372,941.00 $ 1,281,415.00 93.33% Other Revenues $ 32,500.00 $ 35,767.50 $ 57,500.00 $ - $ 57,500.00 $ 87,803.00 152.70% Interest Revenue $ 46,400.00 $ 46,400.00 $ 56,000.00 $ - $ 56,000.00 $ 56,000.00 100.00% Revenue $ 18,272,615.00 $ 18,937,444.32 $ 17,246,277.00 $ 791,527.12 $ 18,037,804.12 $ 18,126,315.00 100.49% Salary & Wages $ 3,040,030.00 $ 2,973,342.63 $ 3,166,568.00 $ - $ 3,166,568.00 $ 3,157,295.00 99.71% Employee Benefits $ 975,195.50 $ 863,717.91 $ 997,709.00 $ - $ 997,709.00 $ 951,794.00 95.40% PERS UAL $ 923,280.00 $ 923,280.23 $ 1,070,111.00 $ - $ 1,070,111.00 $ 1,070,111.00 100.00% Professional Services $ 951,945.00 $ 1,049,984.57 $ 829,678.00 $ 49,000.00 $ 878,678.00 $ 609,767.00 69.40% Sheriff Contract $ 4,642,010.00 $ 4,439,437.98 $ 4,529,301.00 $ - $ 4,529,301.00 $ 4,272,585.00 94.33% SVFRA Contract $ 5,471,368.00 $ 5,470,908.00 $ 5,377,311.00 $ - $ 5,377,311.00 $ 5,377,311.00 100.00% Cost Recovery $ - $ 362,181.74 $ - $ - $ - $ 175,789.00 0.00% EMS Billing Contract $ - $ - $ - $ 88,016.00 $ 88,016.00 $ 83,007.00 94.31% Property Services $ 1,445,113.54 $ 1,367,484.33 $ 1,323,982.00 $ - $ 1,323,982.00 $ 1,097,600.00 82.90% Agenda Item #6.1:

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with a clean up payment in June. Property Tax is forecast to come in as Sales & Use Taxes $ 3,189,961.00 $ - $ 3,189,961.00 $ 1,944,876.00 60.97% $ 3,584,622.00 Paid through December 2021, HDL 3Qtr 20 Forecast to YE Measure V Local Sales Tax $ 2,496,896.00 $ - $ 2,496,896.00 $ 1,501,969.00 60.15% $ 2,826,902.00 Paid through December 2021, HDL 3Qtr 20 Forecast to YE Sales Tax - Public Safety $ 154,806.00 $ - $ 154,806.00 $ 101,819.00 65.77% $ 172,727.00 Paid through December 2021, HDL 3Qtr 20 Forecast to YE Fees $ 586,159.00 $ - $ 586,159.00 $ 357,225.00 60.94% $ 554,444.76 Transient Occupancy Tax (TOT) $ 4,028,992.40 $ - $ 4,028,992.40 $ 3,781,644.00

93.86%
$ 6,190,899.72
Actual TOT has seen a dramatic increase over budgeted revenue. For night stays through January 2022, (TOT Revenue for January 2022 is due by February 28, 2022), the City has received $3,781,644 or 93.86% of $4,028,992 budgeted revenue. The City is estimating general fund TOT revenues at fiscal year-end to be $6,190,899 which is $2,161,907 more than budgeted revenue, or 53.66% higher than forecasted levels.

Franchise Tax $ 420,000.00 $ - $ 420,000.00 $ 245,221.00 58.39% $ 420,000.00 Business License Tax $ 380,000.00 $ - $ 380,000.00 $ 303,223.00 79.80% $ 315,000.00
At February 28, 2022, the City has received 80% of budgeted revenue. Taking into consideration the continued impact of COVID-19 on local businesses, the City is estimating it will receive 83% of forecasted levels. No amendment will be made at this time as business licenses are received throughout the year and as the economy continues to recover, the City may see an uptick in new licenses.

Real Property Transfer Tax $ 150,000.00 $ - $ 150,000.00 $ 119,558.00 79.71% $ 150,000.00 Paid through February 2021.

Licenses & Permits $ 51,400.00 $ - $ 51,400.00 $ 35,565.00 69.19% $ 51,400.00 Fines & Forfeitures $ 66,812.00 $ - $ 66,812.00 $ 102,737.00 153.77% $ 150,000.00
At February 2022, parking fines, a large portion of the Fines budget category, are considerably higher than budgeted. FY 21/22 did not include this revenue as parking was not being enforced when the budget was prepared.

Interest & Rents $ 73,404.00 $ - $ 73,404.00 $ 70,919.00 96.61% $ 81,404.00 Park & Event Registrations Grants $ - $ - $ - $ - 0.00%
$ 55,919.00 SB-2 Grant Funding will be received-reimbursement for ADU ordinance prep and Housing Community Hall meetings
Federal Grants-American Rescue Plan $ - $ - $ - $ 1,318,588.00 0.00% $ 1,318,588.00
The $1.9 trillion American Rescue Plan Act (ARPA) was signed into law on March 11, 2021. At the time the FY 21/22 budget was adopted, it was still unclear as to the exact amount of funding, and when the funds would be received by the City, so the revenue was not included in the adopted Budget.

Charges For Services $ 121,675.68 $ - $ 121,675.68 $ 42,037.00 34.55% $ 118,255.88 EMS $ 2,600,000.00 $ - $ 2,600,000.00 $ 1,499,617.00 57.68% $ 2,100,000.00
EMS billing Revenue is expected to come in $500,000 less than forecasted levels.

Miscellaneous $ 30,000.00 $ - $ 30,000.00 $ 72,335.00 241.12% $ 170,753.63
In November 2021 the Redevelopment Agency completed a 2021 Refunding of its 2010 and 2011 Tax Allocation Bonds which will provide significant interest savings. $72,000 in administrative costs were reimbursed to the City during the closing of the bonds. This was not included in the FY 21/22 budget. Additionally, the City received $95,753.63 from the Office of Emergency Services for the Sonoma Valley Fire District’s use of Engine 3361 during the 2021 Fire Season.

Transfers $ 1,174,368.75 $ - $ 1,174,368.75 $ 782,912.50 66.67% $ 1,079,368.75 An operating transfer in of $95,000 from Fund 798, (Sonoma Valley Fire District), was incorrectly included in the FY 21/22 Budget. A mid-year budget amendment for the reduction in revenue will be included in the mid-year budget amendment resolution.

Other Revenues $ 100,700.00 $ - $ 100,700.00 $ 1,261.00 1.25% $ 57,500.00 Depot Park reimbursement of $43,200 for 1/2 of roof and solar repairs is dependent on completion of project. Reducing forecast as project may not be completed by fiscal year-end
Interest Revenue $ 56,000.00 $ - $ 56,000.00 $ 37,333.33 66.67% $ 56,000.00 Revenue $ 20,324,329.94 $ - $ 20,324,329.94 $ 14,900,479.83 73% $ 24,096,939.85 Agenda Item #6.1:

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Attachment B City of Sonoma
FY 21/22 General Fund Budget to Actual Report through 02/28/22 with Fiscal Year-end Projected Actuals Budget Category FY 21/22
Adopted Budget
FY 21/22 Budget
Adjustments
FY 21/22
Amended Budget
FY 21/22 YTD
Actuals through
February 2022
(66.67% of Fiscal
Year)
FY 21/22
% Collected/
Expended
FY 21/22 Forecast
to FYE Revenue and Expense Detail and Information
Salary & Wages $ 3,254,327.52 $ - $ 3,254,327.52 $ 1,877,895.00 57.70% $ 3,254,327.52 Employee Benefits $ 1,069,812.25 $ - $ 1,069,812.25 $ 618,384.00 57.80% $ 1,069,812.25 PERS UAL $ 1,181,491.13 $ - $ 1,181,491.13 $ 1,181,491.00 100.00% $ 1,181,491.00 Professional Services $ 858,839.58 $ 40,000.00 $ 898,839.58 $ 319,931.00 35.59% $ 898,840.00 Sheriff Contract $ 4,988,226.00 $ - $ 4,988,226.00 $ 2,011,359.00 40.32% $ 4,988,226.00 SVFRA Contract $ 5,550,749.87 $ - $ 5,550,749.87 $ 3,665,413.00 66.03% $ 5,689,859.87 Increase of $139,100 due to the fire district labor agreement that was approved after the FY 21/22 budget was adopted
Cost Recovery $ 85,000.00 $ - $ 85,000.00 $ 56,057.00 65.95% $ 85,000.00 EMS Billing Contract $ 90,000.00 $ - $ 90,000.00 $ 56,983.00 63.31% $ 63,000.00
Decrease due to revenue decrease. Outside billing contract is 3% of billings Property Services $ 1,318,530.95 $ 0.03 $ 1,318,530.98 $ 955,034.00 72.43% $ 1,432,551.00 Projected Insurance Cost Increases Operations $ 1,107,480.53 $ - $ 1,107,480.53 $ 468,920.00 42.34% $ 1,107,480.00 Supplies $ 187,500.00 $ - $ 187,500.00 $ 140,186.00 74.77% $ 210,279.00 Projected Gas Price Increases Software & Equipment $ 342,160.00 $ - $ 342,160.00 $ 45,731.00 13.37% $ 342,160.00 Internal Service & Capital Prj $ 871,946.00 $ - $ 871,946.00 $ 585,585.00 67.16% $ 871,946.00 Transfers Out - CIP $ 478,400.00 $ - $ 478,400.00 $ 478,400.00 0.00% $ 478,400.00 Transfers $ 368,711.00 $ - $ 368,711.00 $ 301,311.00 81.72% $ 554,964.59 Debt Service $ 68,182.00 $ - $ 68,182.00 $ - 0.00% PG&E Loan paid off in May 2021 Expense $ 21,821,356.83 $ 40,000.03 $ 21,861,356.86 $ 12,284,285.00 56% $ 22,228,337.23 Excess (Deficiency) of Revenue over
Expense $ (1,497,026.89) $ - $ (1,537,026.92) $ 1,852,034.07 -1.2049 $ 1,868,602.62 Agenda Item #6.1:

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Attachment C City of Sonoma
FY 2021-22
Mid-Year Budget Amendments
FUND
NO.

FUND

DESCRIPTION
DEPT # DEPT DESCRIPTION FULL G/L NUMBER G/L ACCOUNT DESCRIPTION

INCREASE IN

REVENUE
(CREDIT)

REDUCED

REVENUE
DEBIT
NEW

APPROPRIATION -
DEBIT

REDUCED

APPROPRATION
(CREDIT)

GENERAL FUND

BUDGET NET

INCREASE
(DECREASE)

DESCRIPTION
100 General Fund Revenue 100-00000-000-30999 American Rescue Plan Act 2021 ($1,318,588.00) $1,318,588.00 The $1.9 trillion American Rescue Plan Act
(ARPA) was signed into law on March 11,
2021. At the time the FY 21/22 budget was
adopted, it was still unclear as to the exact
amount of funding, and when the funds
would be received by the City, so the
revenue was not included in the adopted
Budget. Funds were received July 13,
2021.
100 General Fund Revenue 100-00000-000-30025 Sales & Use Taxes ($394,661.00) $394,661.00 Sales tax (which is received two months in
arrears) has been collected through
December 2021 and is at 61% of
$2,789,128 budgeted revenue. HdL, the
City’s sales tax consultant, is estimating the
City will receive $3,584,622 for the fiscal
year, which is $394,661 more than
budgeted revenue.
100 General Fund Revenue 100-00000-000-30021 Measure V 1/2 cent Sales Tax ($330,006.00) $330,006.00 Measure V ½ Cent sales tax received
through December 2021 is at 60% of
$2,496,896 budgeted revenue. HdL, the
City’s sales tax consultant, is estimating the
City will receive $2,826,902 for the fiscal
year, which is $330,006 more than
budgeted revenue
100 General Fund Revenue 100-00000-000-30030 Transient Occupancy Tax ($2,161,907.00) $2,161,907.00 For FY 21/22, the TOT budget of $4.0
million was set at a conservative 81% of FY
19/20 “normal” revenue. For night stays
through January 2022, (TOT Revenue for
January 2022 is due by February 28, 2022),
the City has received $3,781,644 or 93.86%
of $4,028,992 budgeted revenue. The City
is estimating general fund TOT revenues at
fiscal year-end to be $6,190,899
100 General Fund Revenue 100-00000-000-33001 Other - Miscellaneous Revenue ($72,000.00) $72,000.00 In November 2021 the Redevelopment
Agency completed a 2021 Refunding of its
2010 and 2011 Tax Allocation Bonds which
will provide significant interest savings.
$72,000 in administrative costs were
reimbursed to the City during the closing of
the bonds.
1 Agenda Item #6.1:

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Attachment C City of Sonoma
FY 2021-22
Mid-Year Budget Amendments
100 General Fund Revenue 100-00000-000-33001 Other - Miscellaneous Revenue ($95,753.63) $95,753.63 OES Reimbursements for the Sonoma
Valley Fire District’s use of City Owned Fire
Engine 3361 during the 2021 Fire Season
100 General Fund Revenue 100-00000-000-33001 EMS - Billings $500,000.00 ($500,000.00) EMS billing Revenue is expected to come in
$500,000 less than forecasted levels.

Ambulance billing is hard to forecast as
revenue is not predictable or always based
on history. These fees are paid by insurers,
Medicare, Medical and some private
parties. Although Ambulance calls for
service have been slightly up, an increase
in Medicare and Medical write-offs are
impacting revenues.
100 General Fund Revenue 100-00000-000-37200 Operating Transfers-In $95,000.00 ($95,000.00) An operating transfer in of $95,000 from
Fund 798, (Sonoma Valley Fire District),
was incorrectly included in the FY 21/22
Budget.
100 General Fund 42201 Fire 100-42201-354-50354 SVFD Contract $139,100.00 ($139,100.00) An expenditure increase of $139,100 due
to the Fire District labor agreement that
was approved after the FY 21/22 budget
was adopted.
100 General Fund 43200 Non-Departmental 100-43200-801-80801 Debt Service - Principal ($68,182.00) $68,182.00 The FY 21/22 Expenditure Budget included
funding for a PG&E on-bill financing loan,
however, the loan was paid off in May
2021,
100 General Fund 43999 Transfers Out 100-43999-900-90900 Transfers Out $186,253.59 ($186,253.59) Mid-year budget amendment of $149,947 -
1% TOT transferred to the Housing Trust
Fund
TOTAL GENERAL FUND NET INCREASE (DECREASE) ($4,372,915.63) $595,000.00 $325,353.59 ($68,182.00) $3,520,744.04 2 Agenda Item #6.1:

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Attachment C City of Sonoma
FY 2021-22
Mid-Year Budget Amendments
FUND
NO.

FUND

DESCRIPTION
DEPT # DEPT DESCRIPTION FULL G/L NUMBER G/L ACCOUNT DESCRIPTION

INCREASE IN

REVENUE
(CREDIT)

REDUCED

REVENUE
DEBIT
NEW

APPROPRIATION -
DEBIT

REDUCED

APPROPRATION
(CREDIT)

OTHER FUNDS

BUDGET NET

INCREASE
(DECREASE)

DESCRIPTION
512
EMS Equipment
Replacement 62010
EMS Equipment
Replacement 512-62010-704-70704 Machinery & Equipment > $5,000 $49,943.90 ($49,943.90) Purchase of 2 Lifepack 15 Cardiac Monitors,
with service plan
512
EMS Equipment
Replacement 62010
EMS Equipment
Replacement 512-62010-704-70704 Machinery & Equipment > $5,000 $2,626.90 ($2,626.90) Purchase of iPad Docks for new ambulance 512
EMS Equipment
Replacement 62010
EMS Equipment
Replacement 512-62010-704-70704 Machinery & Equipment > $5,000 $82,147.44 ($82,147.44) Replacement of Fire Station One’s 24-yearold breathing air compressor. (Includes Medical Oxygen fill station.)
TOTAL OTHER FUNDS NET INCREASE (DECREASE) $0.00 $134,718.24 $0.00 ($134,718.24) 3 Agenda Item #6.1:

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Sonoma City CouncilApril 6, 2022

Sonoma City Council
April 6, 2022