Sonoma City Council
May 4, 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, May 4, 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 (Agrimonti, Barnett, Felder, Lowe, 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

4. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

4.2: Receive the City of Sonoma 2021 General Plan Annual Progress Report (Planning & Community Services Director)
RECOMMENDATION: Receipt and direction.

Agenda Report - 2021 General Plan Annual Progress Report - Pdf

4.3: Adopt a Resolution Approving Temporary Use of City Streets by Motiv Servicing for the Napa to Sonoma Wine Country Rosé 5K on Saturday July 16, 2022 and Half Marathon on Sunday, July 17, 2022 (Senior Management Analyst)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Half Marathon Street Use - Pdf
4 - 14

4.4: Adopt a Resolution Authorizing Termination of the City of Sonoma STARS Retirement Plan, Approve the Associated Amendments, and Authorize the City Manager to Execute the Amendments (Administrative Services Manager) RECOMMENDATION: Adopt the resolution.

Agenda Report - AIG Retirement Services - Pdf
15 - 31

4.5: Introduce an Ordinance Amending Sonoma Municipal Code 7.25.020 To Remove Menthol as an Approved Flavor for Tobacco Products (City Clerk) RECOMMENDATION: Introduce the ordinance.

Agenda Report - Ordinance Introduction - SMC 7.25.020 - Pdf 32 - 35

5. PUBLIC HEARING

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

6.1: Consideration, Discussion and Possible Action regarding the Approval of a Residential Permit Parking Program (RPPP) on Public Streets in the Clay Street Neighborhood in the City of Sonoma (Planning & Community Services Director)
RECOMMENDATION: Discussion and direction.

Agenda Report - Residential Permit Parking Program - Pdf 36 - 40

6.2: Discussion, Consideration and Possible Action Regarding Options for the Continuation or Cessation of the Sonoma Al Fresco Program Which Terminates on October 31, 2022 (Acting City Manager)
RECOMMENDATION: Discussion and direction.

Agenda Report - Parklet Ad Hoc Update - Pdf
41 - 42

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

9. CITY ATTORNEY COMMENTS

10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted on the City bulletin board at 1 The Plaza, Sonoma, as legally required. Rebekah Barr, MMC, City Clerk/Executive Assistant.

*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

City of Sonoma
Agenda Item Summary
Meeting: City Council - May 04 2022
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Approving Temporary Use of City Streets by Motiv Servicing for the Napa to Sonoma Wine Country Rosé 5K on Saturday
July 16, 2022 and Half Marathon on Sunday, July 17, 2022 Summary
In 2019, Motiv Servicing added two new components to their race event which included the addition of the Rosé 5K run that utilized the same route as the Vintage Festival 5K and the addition of the Health and Wellness Expo on the Saturday prior to the annual Sonoma Wine County Half Marathon. In 2022, they are proposing the same schedule of events. A staged move-in will begin on Friday July 15, 2022, with the goal to be set and ready by 7:00AM on Saturday July 16, 2022 for the start of the Rosé 5K. The Rosé 5K starts at 8:30AM and all runners are off the roads by 9:30AM.

The City of Sonoma did receive one complaint from an individual who lives outside of City limits, it is important to note that the event organizer coordinates the use of County roads/streets through Sonoma County permitting. In an effort to be good community members the Special Events Committee has encouraged the event organizer to post additional signage for both the 5k race and the half marathon on streets and roads outside of City limits. Motiv Servicing will need to work with Sonoma County to ensure those residents that are affected by the road usage in the County are notified in advance of the event. The 2022 Half Marathon on Sunday July 17, 2022 will continue to utilize the same route as in previous years entering the City of Sonoma on East Napa Street.

During both event days there will be vendors onsite at the Plaza that fit the core themes of Health and Wellness. The 2021 event dates were moved to December, the economic impact report for that event has not been received by the City of Sonoma. But from previous reports approximately 85% of the attendees are from out of town and the estimated direct economic impact is over $4M as a contribution to the local economy. The event has utilized over 2,500 hotel/lodging room nights in both Sonoma and Napa Counties, in addition local restaurants and other services prosper during the two-day event.

This is a for-profit event and per the City of Sonoma's Special Events Policy for-profit events must donate 10% of gross revenue to local Sonoma Valley non-profits. Fifty percent of the funding to non-profits can be used for in-kind services and the remaining 50 percent needs to be straight donations.

In 2022, the event organizer will continue to build on their working relationship with both the Sonoma Chamber of Commerce and the Sonoma Valley Visitors Bureau to ensure that the local businesses have an opportunity to market and sell to the event participants.

Motiv Servicing has requested temporary use of city streets for the Napa to Sonoma Wine Country Rosé 5K and Half Marathon as follows:

Agenda Item #4.3:

Saturday, July 16, 2022 Motiv Servicing has requested temporary use of city streets for the Napa to Sonoma Wine Country Rosé 5K course.

1. Event Organizer will provide notice of the new race and temporary impediment of free passage of the traffic along the 5K run route to all businesses and residents no later than 10 days prior to the event. The business notification can be done utilizing the same notification letter for the half marathon with a special callout of the new date and times for the Rosé 5K. Additional signage to be placed on Gerhicke, Lovall Valley and Brazil Street.

2. Closure of East Napa Street between Plaza Horseshoe and 1st Street East (westbound lane). Barricades and Police Officers will be posted at 1st East and Napa Street to ensure that drivers traveling West are making a left hand turn from 1st Street East to Napa Street from 7:00AM-9:30AM, as well as Police will be required to be stationed at Broadway and Napa to ensure that the traffic is following the closures.

3. Closure of 1st Street East (Southbound Lane) between Spain Street and Napa Street for the start of the race from 7:30AM-9:30AM. Police will need to be hired to handle the intermittent closures at the corners of 1st East and Spain and 1st Street East and Napa Street.

4. There will be intermittent closures of City streets as the race turns down Spain Street heading east and proceeds to make a left on 4th Street East, right on Lovall Valley Rd, left to Gehrike road, into the Ravenswood parking lot where runners will turn around and head back making a right on Brazil, left on 4th Street East, left on Greve Lane, right on Wilken Way, right on Lovall Valley Road and proceed back onto the bike path to 2nd Street East. The runners will make a left on Spain Street and come back in the west bound lane of Spain Street East making a left turn on to the southbound lane of 1st Street East and a right onto East Napa Street into the finish line located on East Napa Street. The race route will have intermittent closures, to be coordinated based on the presence of runners between 8:00AM-9:30AM. Street marshalling by Motiv Servicing, Sonoma Marshals and volunteers.

5. If there are more than 1,000 registered to run for this event, a contingency plan needs to be put into place that includes additional road closures and additional police services. The contingency plan needs to be in place by May 15th of 2022.

Sunday, July 17, 2022 Motiv Servicing has requested temporary use of city streets for the Napa to Sonoma Wine Country Half Marathon as follows:

1. Closure of East Napa Street between Broadway and First Street East 6:30AM until 11:00AM on Sunday July 17, 2022. Barricades and Police Officers and or CHP will be posted at Broadway to ensure that drivers are making a left-hand turn onto Napa Street from Broadway.

2. Closure of the west-bound of East Napa between 1st Street East and City Limit between 7:55AM until 11:00AM on Sunday July 17, 2022. Road will be conned down the middle runners running down the west bound lane. The north side of the East Napa Street will be posted No parking during the closure time.

3. CHP to manage intersection at 7th Street East and East Napa Street.

4. The applicant will be responsible for providing notice and detour routes to all residents and business affected by street closures in the affected areas 10 days in advance.

This includes residents North of East Napa Street. Residents South of East Napa Street will also receive notification and will have full access out of the neighborhood during the race.
a. East Napa Street between Broadway and First Street East 6:30AM until 11:00AM
b. East Napa Street between 1st Street East and City Limits (one house East of 6th Street East) from 7:55AM to 11:00AM.

Agenda Item #4.3:

5. Applicant will be required to hire a professional traffic safety entity to assist with all detours within City limits. The traffic safety entity will provide all signs necessary to alert the neighbors in advance of the event about the upcoming traffic delays, provide flaggers and detour support during the race.

6. At 11:00AM East Napa Street will be completely re-open a crossing guard will be in place to help the remaining runners cross at 1st Street East at East Napa Street. After 11:00AM all runners and walkers left on the course will be instructed that they need to move to the sidewalk and that the streets are open to vehicles.

7. Reach out to the CHP and the Sonoma Police Department for assistance with the course management.

8. Notify Shell Vista Fire and SVFRA with the race route and times.

9. Access to alley behind Basque Boulangerie will remain accessible until 7:55AM each morning.

10. East-bound lane of East Napa remains open, allowing residents in the block immediately south of East Napa Street to exit the neighborhood heading East.

Flaggers at East Napa Street and 5th Street East and Patten and 5th Street East will direct cars back to Broadway, where they will be able to travel in any direction.

11. Professional traffic safety entity will be positioned at 2nd Street East and East Napa Street and 2nd Street east and East Spain Street. Any cars approaching from the North will be directed on East Spain Street to travel west or Lovall Valley and 7th Street East to travel East towards Napa.

12. Professional traffic safety entity will be positioned at 4th Street East and East Napa Street and 4th Street East and East Spain Street. Any cars approaching from the North will be directed on Spain Street to 2nd Street West to access Broadway.

13. Sonoma Police officers and or hired security will be positioned at 1st Street East and East Spain Street and 1st Street East and East Napa Street to ensure no thru traffic enters 1st St. East (open for parking and local business access during the race.

14. Water Station #7 will be located on 7th St East in front of Sonoma Garden Park.

Members of the Special Events Committee have met with the Event Organizer and reviewed the above proposal, at which time they identified recommended conditions of approval that have been incorporated in the attached Resolution. The CSEC approved the Plaza Use Permit on February 9, 2022, and additional details regarding the Plaza Use Permit can be found on the Civic Web Portal under the February 9, 2022 CSEC Agenda.

Recommended Council Action
Adopt a Resolution approving the use of city streets, which includes the conditions recommended by the Special Events Committee members, including Police, Fire, Public Works and Streets Departments.

Alternative Actions
Financial Impact
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #4.3:

Attachments
Motiv Servicing_2022 Street Use Application
2022 Resolution Approving Temporary Use of City Streets_ Motiv Sports_Wine Country Half Marathon
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:

Natalia Mendez, Motiv Servicing
Agenda Item #4.3:

City of Sonoma
No. 1 The Plaza
Sonoma CA 95476

PERMITAPPLICATION

FOR USE OF CITY STREETS
Revised 1/20/17
Application Fee: $587.00
(Encro 100-00000-000-30203)
Note: Events utilizing any portion of Highway 12 must also obtain permission from Caltrans, District 4, 111 Grand Avenue, Oakland 94612, (510) 286-4404.

Name ofApplicant: Natalia Mendez
Name of Sponsoring Organization: MotivServicing
Addie” 7850 CollinMcKinneyPkwy #201, McKinney TX75070
TelephoneNumbers: Day: Ce||:858-226—5459 Email: nmende2@motivsr>orts-com Name of Event:

Napa to Sonoma VwneCountry HalfMarathon and 5K
Type of Event — Mark Appropriate Box
Run or Walk Rally or Assembly Parade
Other
Date(s) of Event: July16-17,2022
Street Closure(s) Requested:

See attached between and from am/pm to am/pm
between and from am/pm to am/pm
between and from am/pm to am/pm
Complete Description of Event. Using additional sheets if necessary, describe the number of participants; duration of the event; the number, type, size and material of all entries including any floats or banners; the number and type of animals and a plan for cleaning up after them; any seating being provided; and Judges Tables. Attach a map of the route to be used and indicating the location of the staging area, announcer's stand, barricade placement, vendors, banners, signs and booths, etc.:

Napa to Sonoma Half Marathon (Sunday) and 5K (Saturday) withstreet closures or partial street closures ?nishing at Sonoma Plaza. New proposed Saturday 5Kbeginning and ending at
Sonoma Plaza
Estimated DailyAttendance: 3§OO registered runners for Sunday event. Anticipate 1,500-2,000 for Saturday community event.

Ifa Sound Ampli?cation is be used, describe the type, location, purpose and hours ofuse: Yes — race announcer a_tfinish line on Napa St. , Saturday and Sunday.

Agenda Item #4.3:

City of Sonoma Permit Application For Use ofCity Streets Page 2 General Conditions of Approval:

Applicant is responsible for obtaining permission from Caltrans for use of any portion of Highway 12. Allfacilities placed upon a City street are subject to continuing safety approval and inspection by the appropriate City departments. A clear path of a minimum width of 20 feet through the length of the portion of roadway being used must be maintained for emergency vehicle access. Obstructions shall not be placed along the curb or the roadway within‘IOfeet of any ?re hydrant. Allfacilities used for the event shall be removed from City streets immediately after the close of the event. Allcosts for barricading, traffic control, street sweeping and clean up shall be borne by the applicant. Applicant willbe required to submit a deposit equal to the amount estimated by the City for services performed by City personnel in relation to the event. The deposit is due no later than two weeks before the ?rst day of the event. Ifactual costs exceed the amount of the deposit, applicant willbe required to pay the difference. if actual costs are less than the deposit, the excess willbe returned to applicant or applied to any other fees or charges owed to the City. Applicant must provide a certificate of insurance and a policy endorsement naming the City of Sonoma as additional insured as described in the City of Sonoma Facility Use Insurance Requirements. ****~k
I do hereby acknowledge and affirm that all information contained herein is accurate to the best of my knowledge and agree to assume full responsibility and liability for and indemnify, and suits for or by reason of injury to any person or damages to any property of the parties hereto or of the third persons for any and all cause or causes whatsoever on in any way connected with the holding of said event or any act or omission or thing in any manner related to said event and its operation irrespective of negligence, actual or claimed, upon the part of the City, its agents or employees.

A/¢ZfZi,//4 ; 1o/13/2021
Applicant’s Signature Date
For City Use Only
POLICE DEPARTMENT RECOMMENDATION: ?jApprove
Amount of Deposit Required: $
COMMENTS:

Authorized Signature
PUBLIC WORKS DEPARTMENT RECOMMENDATION: Approve Deny
Amount of Deposit Required: $
COMMENTS:

Authorized Signature Date
Date Approved by CSEC:

Date Approved by City Council:

Agenda Item #4.3:

12.5 — 13.1
Finish
7:O0—11:OOam
WBlane of East Napa St. CHPcontrols intersection of 7”‘St E/EastNapa St.

E. Napa St. fullclosure from Plaza entrance to 2"“St. East.

Agenda Item #4.3:

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Agenda Item #4.3:

CITY OF SONOMA
RESOLUTION # _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING AND

CONSENTING TO THE USE OF CITY STREETS FOR THE NAPA TO SONOMA WINE COUNTRY HALF MARATHON ON SATURDAY AND SUNDAY, JULY 16 and 17, 2022 WHEREAS, Motiv Servicing has made application to conduct the Napa to Sonoma Wine Country Rose 5K and Half Marathon, which will involve use of city streets; and WHEREAS, the Napa to Sonoma Wine Country Half Marathon will temporarily impede and restrict the free passage of traffic over city streets on July 16, 2022 between the hours of 7:00AM and 9:30AM and on July 17, 2022 between the hours of 7:50AM and 11:00AM; and WHEREAS, the Special Events Committee have identified recommended conditions of approval which are detailed in attached Exhibit A; and
WHEREAS, the application for the use of city streets was brought forward to the City Council at its meeting of May 4, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma as follows:

1. The City Council approves and consents to the street closure associated with the proposed Wine Country Half Marathon upon terms and conditions deemed appropriate and necessary by the State of California and Department of Transportation.

2. The approval of the street closure is subject to the conditions and limitations as detailed in Exhibit A, along with the following:

A. Applicant shall work with Sonoma Police Department and California Highway Patrol as soon as possible to finalize traffic control plan and contract with the Sonoma County Sheriff’s Department for services as required.

B. Applicant shall provide a written request for special barricading to the Public Works Department at least thirty days prior to the event and meet with the Street and Police Dept.

C. Applicant shall comply with City of Sonoma standard insurance requirements.

D. The applicant is required to reimburse the City for additional personnel costs incurred as a result of this event.

PASSED, APPROVED AND ADOPTED 4th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Jack Ding, Mayor
ATTEST:
__________________________________
Agenda Item #4.3:

Rebekah Barr, MMC, City Clerk

EXHIBIT A

WINE COUNTRY MARATHON CONDITIONS AND LIMITATIONS
Saturday, July 16, 2022 Motiv Servicing has requested temporary use of city streets for the Napa to Sonoma Wine Country Rose 5K course.

Recommendation of the SEC: Approve application subject to the conditions of approval below.

SECTION I STREET USE
Saturday July 16, 2022 Motiv has requested temporary use of city streets for the Napa to Sonoma Wine Country Rose 5K course.

1. Event Organizer will provide notice of the new race and temporary impediment of free passage of the traffic along the 5K run route to all businesses and residents no later than thirty days prior to the event. The business notification can be done utilizing the same notification letter for the half marathon with a special callout of the new date and times for the Rose 5K. Additional signage to be placed on Gerhicke, Lovall Valley and Brazil Street.

2. Closure of East Napa Street between Plaza Horseshoe and 1st Street East (westbound lane). Barricades and Police Officers and or CHP will be posted at 1st East and Napa Street to ensure that drivers traveling West are making a left-hand turn from 1st Street East to Napa Street from 7:00am-9:30am, as well as Police will be required to be stationed at Broadway and Napa to ensure that the traffic is following the closures

3. Closure of 1st Street East (Southbound Lane) between Spain Street and Napa Street for the start of the race from 7:30am-9:30am. Police and or a professional security firm will need to be hired to handle the intermittent closures at the corners of 1st East and Spain and 1st Street East and Napa Street.

4. There will be intermittent closures of City streets as the race turns down Spain Street heading east and proceeds to make a left on 4th Street East, right on Lovall Valley Rd, left to Gehricke road, into the Ravenswood parking lot where runners will turn around and head back making a right on Brazil, left on 4th Street East, left on Greve Lane, right on Wilken Way, right on Lovall Valley Road and proceed back onto the bike path to 2nd Street East. The runners will make a left on Spain Street and come back in the west bound lane of Spain Street East making a left turn on to the southbound lane of 1st Street East and a right onto East Napa Street into the finish line located on East Napa Street. The race route will have intermittent closures, to be coordinated based on the presence of runners between 8:00am-9:30am. Street marshalling by Motiv, Sonoma Marshals and volunteers.

5. The applicant will be responsible for providing notice and detour routes to all residents and business affected by street closures in the affected areas 10 days in advance. This includes residents North of East Spain Street. Residents South of East Spain Street will also receive notification and will have full access out of the neighborhood during the race.
a.) East Spain Street between 1st Street East and 4th Street East 7:30AM until 9:30AM b.) North of Lovall Valley between 4th Street and Gehricke Road from 7:30AM to 9:00 AM

6. If there are more than 1,000 registered to run for this event a contingency plan needs to be put into place that includes additional road closures and additional police services.

The contingency plan needs to be in place by May 15th of 2022.

Agenda Item #4.3:

Sunday July 17, 2022 Motiv has requested temporary use of city streets for the Napa to Sonoma Wine Country Half Marathon as follows:

1. Closure of East Napa Street between Broadway and First Street East 6:30AM until 11:00 AM on Sunday July 17, 2022. Barricades and Police Officers and or CHP will be posted at Broadway to ensure that drivers are making a left-hand turn onto Napa Street from Broadway.

2. Closure of the west-bound of East Napa between 1st Street East and City Limit between 7:55AM until 11:00AM on Sunday July 17, 2022. Road will be conned down the middle runners running down the west bound lane. The north side of the East Napa Street will be posted No parking during the closure time.

3. CHP to manage intersection at 7th Street East and East Napa Street.

4. The applicant will be responsible for providing notice and detour routes to all residents and business affected by street closures in the affected areas 10 days in advance. This includes residents North of East Napa Street. Residents South of East Napa Street will also receive notification and will have full access out of the neighborhood during the race.
a) East Napa Street between Broadway and First Street East 6:30AM until 11:00AM b) East Napa Street between 1st Street East and City Limits (one house East of 6th Street East) from 7:55AM to 11:00AM.

5. Applicant will be required to hire a professional traffic safety entity to assist with all detours within City limits. The traffic safety entity will provide all signs necessary to alert the neighbors in advance of the event about the upcoming traffic delays, provide flaggers and detour support during the race.

6. At 11:00AM East Napa Street will be completely re-open a crossing guard will be in place to help the remaining runners cross at 1st Street East at East Napa Street. After 11:00am all runners and walkers left on the course will be instructed that they need to move to the sidewalk and that the streets are open to vehicles.

7. Reach out to the CHP and the Sonoma Police Department for assistance with the course management.

8. Notify Shell Vista Fire and SVFRA with the race route and times.

9. Access to alley behind Basque Boulangerie will remain accessible until 7:55AM each morning.

10. East-bound lane of East Napa remains open, allowing residents in the block immediately south of East Napa Street to exit the neighborhood heading East. Flaggers at East Napa Street and 5th Street East and Patten and 5th Street East will direct cars back to Broadway, where they will be able to travel in any direction.

11. Professional traffic safety entity will be positioned at 2nd Street East and East Napa Street and 2nd Street east and East Spain Street. Any cars approaching from the North will be directed on East Spain Street to travel west or Lovall Valley and 7th Street East to travel East towards Napa.

12. Professional traffic safety entity will be positioned at 4th Street East and East Napa Street and 4th Street East and East Spain Street. Any cars approaching from the North will be directed on Spain Street to 2nd Street West to access Broadway.

13. Sonoma Police officers and or hired security will be positioned at 1st Street East and East Spain Street and 1st Street East and East Napa Street to ensure no thru traffic enters 1st St. East (open for parking and local business access during the race.

14. Water Station #7 will be located on 7th St East in front of Sonoma Garden Park.

Agenda Item #4.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - May 04 2022
Department
Administration
Staff Contact
Cathy Lanning, Administrative Services Manager
Agenda Item Title
Adopt a Resolution Authorizing Termination of the City of Sonoma STARS Retirement Plan, Approve the Associated Amendments, and Authorize the City Manager to Execute the Amendments
Summary
The City of Sonoma provides deferred compensation plan options for its full-time employees.

In 2003, AIG Retirement Services offered a STARS Retirement 401(a) plan which several employees enrolled in. All of these employees have since retired and there has been no activity in the account since 2008.The account has a remaining balance of approximately $17,000.

The IRS mandates that 401(a) plans be reviewed and restated every six years. Since there are no longer any employees making contributions to the account, it is recommended that the plan be terminated and the assets that remain in the account distributed to the retired employees.

In order to accomplish this, there are required plan amendments which allow the City to terminate and distribute without an affirmative election by the plan participants.

By approving the draft resolution and amendments, the City will be able to complete the necessary actions.

Recommended Council Action
Adopt the resolution and approve the amendments.

Alternative Actions
Council discretion.

Financial Impact
There are no fiscal impacts to the City.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - STARS Termination
Plan Amendments
Agenda Item #4.4:

City of Sonoma
RESOLUTION # _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SONOMA AUTHORIZING PLAN TERMINATION
WHEREAS, City of Sonoma (hereinafter, “the Employer”), established the City of Sonoma STARS Retirement Plan (hereinafter, “the Plan”), for the exclusive benefit of its employees and their beneficiaries.

NOW, THEREFORE, BE IT RESOLVED that the Employer hereby retains the right from time to time to amend, modify of discontinue all or any portion of said retirement plan without the consent of the employees and/or beneficiaries participating in said plan.

BE IT FURTHER RESOLVED that the Employer hereby resolves to exercise the right to terminate the Plan, effective May 31, 2022.

PASSED AND ADOPTED by the City Council of the City of Sonoma at a regular meeting held on the 4th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

AMENDMENT
TO THE

CITY OF SONOMA STARS RETIREMENTPLAN
WHEREAS, City of Sonoma (hereinafter, "the Employer"), desires in conformity with the resolution of its authorized signer to amend and terminate the City of Sonoma STARS Retirement Plan (hereinafter, "the Plan"), to the extent and in the manner hereinafter set out; and, NOW, THEREFORE, the Employer, duly authorized by the aforesaid resolution does hereby amend and terminate the Plan, effective May 31, 2022, in the following particulars:

As a result, Employee Salary Reduction Contributions and/or Employer Contributions shall not be permitted after such date. Employee Salary Reduction Contributions and/or Employer Contributions made prior to that date willbe distributed in accordance with the provisions of the Plan.

Notwithstanding anything in the Plan to the contrary, the following shall apply with respect to any distribution made from the Plan after the effective date of this amendment or, if later, the date this amendment is adopted:
(8)
(b)
(C)
(d)
(6)
The Administrator shall distribute to each Participant, Former Participant, or Participant’s Beneficiary any amount to which he is entitled under the Plan in one lump sum payment in cash.

No consent shall be required for any such distribution under the Plan.

Participants, Former Participants, and Participant's Bene?ciaries shall be prohibited from electing benefits in the form of an annuity.

The Beneficiary of any death benefit under the Plan shall hereafter be the Participant's spouse; or, in the event there is no surviving spouse or the surviving spouse has already made a quali?ed election to waive the bene?t, the Participant’s designated Bene?ciary.

Notwithstanding the above, if a distribution greater than $1,000.00 is made to a Participant or Former Participant, and if the Participant or Former Participant does not elect to have such distribution paid directly to an “eligible retirement plan” speci?ed by the Participant or Former Participant in a direct rollover (in accordance with the direct rollover provisions of the Plan) or to receive the distribution directly, then the Administrator shall pay the distribution in a direct rollover to an individualretirement plan designated by the Administrator. 1 653055.001
Agenda Item #4.4:

on this
WHEREAS, the Employer has caused this instrument to be executed by its duly authorized officer (date).

CITY OF SONOMA
(Print Name)
Title
2 651303.001
Agenda Item #4.4:

1.1 1.2

1.3 1.4

2.1 2.2

2.3 © 2020 FIS Business Systems LLC or its suppliers
SECURE Act Terminating Plan Amendment V 1.0

AMENDMENT TO IIVIPLEMENT SECURE ACT PROVISIONS FOR TERMINATING PLAN ARTICLE 1

PREAMBLE
Adoption and effective date of Amendment. The Employer hereby adoptsthis Amendment to the Plan identi?edbelow. Except as otherwise speci?ed in this Amendment,this Amendmentis effective ("the Effective Date") on the ?rst day of the first Plan Year beginning after December31, 2019, or as soon as administratively feasible thereafter.

Superseding of inconsistent provisions. ThisAmendment supersedesthe provisions of the Plan to the extent those provisions are inconsistentwith the provisionsof this Amendment.Except as otherwiseprovided in this Amendment, terms de?ned in the Plan will have the same meaning in this Amendment. Most Articles include definitions which are speci?c to that Article.

Construction. Except as otherwiseprovided in this Amendment, any "Section" reference in this Amendment refers only to this Amendmentand is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment,and does not relate to the Plan article, section, or other numbering designations.

Intention; Construction. The purpose of this amendmentis to amend the plan in accordancewith pension related provisions of the Further Consolidated AppropriationsAct of 2019 (“FCAA”) in general, andDivision 0 of the that Act, the Setting Every Community Up for Retirement EnhancementAct of 2019 (“SECURE”), in specific. It also addressesa provision of the Bipartisan American Miners Act (“BAMA”), which is also part of FCAA. The provisions of this Amendment shall be interpreted and applied to be consistentwith FCAA.

ARTICLE 2
IDENTIFICATION; ELECTIONS
Identifying information.

A. Name of Employer:City of Sonoma
B. Name of Plan: City of Sonoma STARS Retirement Plan
C. Type of Plan (check one)
(1) [ ] 401(k) Plan
(2) [X] Pro?t—SharingPlan (other than a 401(k) plan)
(3) [ ] Money PurchasePension Plan
(4) [ ] De?ned Bene?t Plan (including a cash balance plan) (5) [ ] 403(b) Plan
(6) [ ] 457(b) Plan (check one): [ ] Governmental employer [ ] Tax~exempt employer Plan Type De?nitions. “Quali?edPlan” means a 401(k) plan, pro?t-sharingplan, money purchase pension plan or de?ned bene?t plan. “De?ned Contribution Plan” means a Quali?edPlan other than a defined bene?t plan.

Default Provisions. The following provisions apply except to the extent the Employer makes a different election in one or more of Sections 2.4 through 2.6.
a. The Plan does not make birth/adoption distributions described in Article 5. b. Distribution of RMDs will begin for Affected Participants no sooner than April 1 of the calendar year following the year the Participant attains age 72.

Rev. 20 March 2020
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Agenda Item #4.4:

SECURE Act Terminating Plan Amendment V 1.0
c. Participants will not be able to take in-service distributions from Money Purchase Pension Plans, De?ned Bene?t Plans, or Governmental 457(b) Plans at age 59‘/2.

Skip Sections 2.4 through 2.6 if you accept the default provisions listed in Section 2.3. Any entry in Sections

2.4 through 2.6 will override the corresponding default.

2.4 2.5

2.6 3.1

3.2 3.3

4.1 4.2
© 2020 FIS Business Systems LLC or its suppliers
Birth/Adoption Distributions. The provisionsof Article 5, dealingwith distributionsfollowing birth or ?nalized adoptionAPPLY as follows:

The provisionsapplyeffective January l, 2020.

The provisionsapplyeffective (Enter date after December 31, 2019).

Distributionsare not availablefrom the following accounts: (e.g. matchingcontributions,or accounts in whichthe Participantis not fully vested). _O _C‘‘53 :—n%2—x :_n_n_i
[X] RMD Timing. Distribution of RMDs to Affected Participants, as describedin Article 6, willNOT be delayed on account of this Amendment (i.e., distributions will generally commence no later than April 1 of the calendaryear following the year the Affected Participantattainsage 70‘/2),in accordancewith Section 6.5.

In-Service Pension Distributions. The provisions of Article 8, dealing with in—servicedistributions at age 59‘/2,APPLY as follows:
a. [ ] The provisionsapplyeffective on the first day of the first Plan Year beginning after December31, 2019.
b. [ ] The provisionsapplyeffective
Year beginning after December 31, 2019).
(Enter date after the first day of the FirstPlan
ARTICLE 3
SAFE HARBOR NOTICE — SECURE Act §103
Application. This Article 3 will apply only if the Plan is a 401(k) Plan.

Notice Not Required. If the Plan is a Safe Harbor Nonelective Plan, then the Plan Administrator may, but is not required to, provide the Safe Harbor Notice.

De?nitions. A “Safe HarborNonelective Plan” is a plan which satis?es the ADP safe harbor requirements of Code §401(k)(12) or (13) by means of a nonelective contribution describedin Code §40l(k)(l2)(C) or Code §40l(k)(l3)(D)(i)(II). However, a plan is not a Safe HarborNonelective Plan (and hence is requiredto provide a Safe Harbor Notice) if the plan satisfies the ACP safe harbor describedin Code §40l(m)(l l) or (12). A “Safe Harbor Notice” is the Notice described in Code §40l(1<)(l2)(D) or Code §40l(k)(l3)(E).

ARTICLE 4
403(b) TERMINATION DISTRIBUTIONS — SECURE Act §110
Application. This Article 4 will apply only if the Plan is a 403(b) Plan.

Custodial Accounts. In connection with distributionsupon termination of the Plan,the Plan may treat the delivery of a custodial account as a distribution,pursuant to IRS guidance required under SECURE Act §110.

Rev. 20 March 2020
65303.00l
Agenda Item #4.4:

5.1 5.2

5.3 5.4

6.1 6.2

6.3 6.4

6.5 7.1

7.2 © 2020 FIS Business Systems LLC or its suppliers
SECURE Act TerminatingPlan Amendment V 1.0
ARTICLE 5
BIRTH/AD OPTION DISTRIBUTIONS — SECURE Act §113
Application. This Article 5 will apply only if (1) the plan is a De?ned Contribution Plan, a 403(b) Plan, or a 457(b) Plan sponsoredby a Governmental employer, and (2) the Employer electsin Section 2.4 for this Article 5 to apply, effective on the date speci?ed in Section 2.4.

Distribution Authorized. A Participant may request a distribution (other than from an account described in Section 2.4(c)) of up to $5,000 (per child or Eligible Adoptee) as a QBAD.This $5,000 limit shall be reduced by QBADSmade with respect to the same child or Eligible Adoptee by other plans maintainedby the Employer or a related employer described in Code §4l4(b), (c), (in), or (o).

De?nitions. A “QBAD”is Quali?edBirth or Adoption Distribution describedin Code §72(t)(2)(H)(iii). A QBADmust be made during the l—yearperiodbeginning of the date on which a child of the Participant is born or on which the legal adoption of an EligibleAdoptee by the Participant is ?nalized. An “Eligible Adoptee” is an individual, other than a child of the Participant’s spouse, who has not attainedage 18 or is physicallyor mentally incapableof self-support.

Rollover. If and to the extent that the Plan permitsrollover contributions, a Participant receiving one or more QBADsfrom this plan may make one or more contributionsin an aggregate amount not to exceed the amount of such QBADS.The Plan will treat such contributions as rollover contributions.

ARTICLE 6
REQUIREDBEGINNING DATE - SECURE Act §114
Application. This Article 6 will apply to all plans, regardless of type. It is effective with regard to RMDS required to be made after December 31, 2019.

Delay of Required Beginning Date. An Affected Participant’s RBD shall not be earlier than April l of the calendar year following the year the Affected Participant attains age 72. For purposes of determining an Affected Participant’s RBD, an Affected Participant will be treated as a more than 5% owner if he or she was a 5—percentowner (as de?ned in Code §4l6(i)(B)) as to the Plan Year ending in the calendar year the Participant attains age 72.

Spousal Distributions. If an Affected Participant dies prior to the Participant’s RBD, and the Participant’s sole DesignatedBene?ciary is the Participant’s surviving spouse, then the RMDS to the surviving spouse will begin by December 31 of the calendar year immediatelyfollowing the calendar year in which the Participant died,or by December 31 of the calendar year in which the Participantwould have attained age 72, if later.

De?nitions. A Participant is an “Affected Participant” if the Participant was born after June 30, 1949. An “RMD” is a Required MinimumDistribution as described in Code §40l(a)(9). A Participant’s “RED” is the Pa1ticipant’s Required Beginning Date as described in Code §40l(a)(9)(C).

Optional Distribution Timing. If the Employer elects in Section2.5 for this Section6.5 to apply, the timing of distributionsto an Affected Participant will determinedas though this Article 6 had not been adopted.

ARTICLE 7
BENEFICIARY RMDS —- SECURE Act §401
Application. This Article 7 will apply to all plans other than De?ned Bene?t Plans. This Article will not apply to quali?ed annuitiesdescribed in SECURE Act §40l(b)(4)(B).

Effective Date. Except as provided in Section 7.4, Article 7 will apply to Participantswho die on or after the Effective Date of this Article. Generally, the Effective Date of this Article is January 1, 2020. In the case of a governmental plan (as defined in Code §4l4(d)), the Effective Date of this Article is January 1, 2022. The Rev. 20 March 2020
65303001
Agenda Item #4.4:

7.3 7.4

7.5 8.1

8.2 SECURE Act Terminating Plan Amendment V 1.0
Effective Date of this Article 7 in the case of a collectively—bargainedplan will be the date determinedin SECURE Act §40l(b)(2).
10-Year Rule. If the distributee of a deceasedParticipant’s account is a Designated Bene?ciary who is not an “Eligible Designated Bene?ciary,” then the Plan will distribute the account in full no later than December 31 of the 10"‘year following the year of the Participant’s death.

Bene?ciary Death. If an Eligible DesignatedBene?ciary dies before receiving distribution of the Bene?ciary’s entire interest in the Participant’s account, the Plan will distribute that interest in full no later than December 31 of the 10“year following the year of the Eligible DesignatedBene?ciary’s death.

Similarly, if a Participant died before the Effective Date of this Article 7, the limitationsof this Article 7 shall apply to distributionsto the bene?ciary of the Participant’s Designated Bene?ciary.

Eligible Designated Beneficiary. An individual is an “Eligible Designated Bene?ciary” of a Participantif the individual quali?es as a designated bene?ciary under Code §40l(a)(9)(E) and is (1) the Participant’s spouse, (2) the Participant’s child who has not reached the age of majority (as de?ned for purposes of Code §401(a)(9)(F), (3) an individual not more than 10 years younger than the Participant, (4) a disabled individual, as de?ned in Code §72(m)(7), or (5) an individualwho has been certified to be chronically ill (as defined in Code §7702B(c)(2)) for a reasonably lengthy period, or inde?nitely. Certain trusts may be treated as Eligible Designated Bene?ciaries pursuant to Code §40l(a)(9)(H)(iv) and (V). When a child of the Participantreaches the age of Majority, the Plan will distribute the child’s account in full no later than 10 years after that date.

ARTICLE 8
IN-SERVICE PENSION DISTRIBUTIONS — BAMA §103
Application. This Article 8 will apply only if (1) the Plan is a Money PurchasePensionPlan, a De?ned Bene?t Plan, or a 457(b) Plan sponsored by a governmental employer, and (2) the Employer elects in Section

2.6 for this Article 8 to apply, effective on the date speci?ed in Section 2.6 Distribution at 59‘/2.A Participant can take an in—servicedistribution at age 59‘/2.Such a distribution will be limited to the vested portion of Participant’s accrued bene?t or account.

This Amendment has been executed this (date).

Name of Employer: City of Sonoma
By:
© 2020 FIS Business Systems LLC or its suppliers Rev. 20 March 2020 65303.00l
Agenda Item #4.4:

1.1 1.2

1.3 1.4

1.5 CARES Act Amendment for Employers v 1.1

AMENDMENT FOR CARES ACT
ARTICLE 1
PREAMBLE; DEFINITIONS
Adoption of Amendment. The Employer adopts this Amendmentto implementprovisionsof the Act which affect the Plan. All references to the Plan include the P1an’sloan program, policy, or procedure to the extent applicable.

Superseding of inconsistent provisions. This Amendment supersedesthe provisions of the Plan to the extent these provisions are inconsistentwith the provisions of this Amendment.

Construction. Except as otherwise provided in this Amendment, any Article or Section reference in this Amendmentrefers only to this Amendment and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment and does not relate to the Plan article, section, or other numbering designations.

Effect of restatement of Plan. If the Employerrestates the Plan then this Amendmentshall remain in effect after such restatement unless the provisions in this Amendment are restated or otherwise become obsolete (e.g., if the Plan is restated onto a plan document which incorporatesthese provisions).

Definitions. Except as otherwiseprovidedin this Amendment, terms defined in the Plan will have the same meaning in this Amendment.The following definitions apply specifically to this Amendment:

A. The “Act” is the Coronavirus Aid, Reliefand Economic Security Act, also known as the CARES Act.

This Amendment shall be interpreted and applied to comply with the Act.

B. A “Quali?edIndividual” means any individualwho meets one or more of the criteria describedin paragraphs(1), (2), (3), or (4). Participants, alternate payees and beneficiaries of deceased participants can be treated as Quali?edIndividuals.The Plan Administratormay rely on an individual’s certification that the individual satis?es a conditionto be a Quali?edIndividual unless the Plan Administratorhas actual knowledge to the contrary. In applyingthe criteria, “COVID—l9”means either the virus SARS—CoV—2or coronavirus disease 2019; “an approved test” means a test approved by the Centers for Disease Control and Prevention (including a test authorizedunder the Federal Food, Drug, and Cosmetic Act); and a “member of the individual’s household” means someone who shares the individual’s principalresidence. The criteria are as follows:
(1) The individualwas diagnosed with COVID-19 by an approvedtest; (2) The individual’s spouse or dependent (as defined in Code §152)was diagnosedwith COVIDl9 by an approved test; (3) The individualhas experiencedadverse ?nancial consequences because: (a) the individual or the individual’s spouse, or a member of the individual’s householdwas quarantined, furloughed or laid off, or had work hoursreduced due to COVID—l9;(b) the individual, the individual’s spouse, or a member of the individual’s householdwas unable to work due to lack of childcare due to COVID—l9;(c) A business owned or operatedby the individual, the individua1’sspouse, or a member of the individual’s householdclosed or reduced hours due to COVID—l9;or (d) the individual,the individual’sspouse, or a member of the individual’s household had a reduction in pay (or self-employment income) due to COVID~19 or had a job offer rescinded or start date for a job delayed due to COVID—l9;or (4) The individualsatisfies any other criteria determinedby the Treasury or the IRS.

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Agenda Item #4.4:

2.1 2.2

2.3 CARES Act Amendment for Employers V 1.1
ARTICLE 2
IDENTIFYING INFORIVIATION; EMPLOYER ELECTIONS
Reserved.

Employer identifying information.

A. Name of Employer:Cig; of Sonoma
B. Name of Plan: City of Sonoma STARS RetirementPlan
C. Type of Plan (check one)
(1) [] 401(k) Plan
(2) [X] Pro?t—SharingPlan (other than a 401(k) plan)
(3) [] Money Purchase Pension Plan
(4) [] De?ned Bene?t Plan (including a cash balance plan) (5) [] 403(b) Plan
(6) [] 457(b)Plan sponsoredby a governmentalemployer
Relief for Quali?ed Individuals. Will the Plan provide any or all of the following relief for Quali?ed Individuals: (1) Coronavirus~RelatedDistributions describedin Article 3, (2) increased loan limits described in Section 4.2, (3) the loan repayment extension describedin Section 4.3. (Select one of(a), (b), or (c).If(e) is selected, then select one or more of(d), (e), and/or ()9) (a) [X] No. The Plan will not provide any of these relief provisions. (b) [ ] Yes. The Plan will provide all of these relief provisions. The limitations on distributions described in Sections 2.3(d)(l) ~ (4) and the limitations on loansin Section 2.3(e)(l) ~ (3) and 2.3(f)(l)—(3) do not apply.
(c) [ ] Some. The Plan will provide those relief provisionsselected in (d), (e), or (i) below. (d) [ ] The Coronavirus-Related Distribution provisions described in Article 3 (If (d) is selected, the Employermay optionallyselect one or more of(1), (2), (3), (4), or (5).) (1) [ ] Coronavirus-RelatedDistributions are not available from an account in which the Participant is not 100% vested.
(2) [ ] Coronavirus-RelatedDistributionsmay be made only from the following accounts:
(3) [ ] The maximum amount of Coronavirus-Related Distributionsfrom the Plan to a Quali?ed Individualwill not exceed: $ .(Enter amount less than $100,000.) (4) [ ] The following additionalprovisions applyto Coronavirus-Related Distributions:
(Enter limitations or restrictions which are nondiscrinzinatoiy and not subject to Employer discretion.)
(e) [ ] The increased loan limit described in Section 4.2 (If (e) is selected, the Employer may optionallyselect any one or more of(1), (2), or (3).)
(1) [ ] The maximum dollar amount of loans pursuant to Section 4.2 will not exceed:
$ .(Enter amount less than $100,000.)
(2) [ ] The maximumpercentage of the present value of the nonforfeitable accrued bene?t that may be loanedpursuant to Section4.2 will not exceed: %. (Enter percentage less than 100%.)
(3) [ ] The following additionalprovisionsapplyto the increased loan limit:
(Enter limitations or restrictions whichare nondiscriminatory.) (1) [ ] The loan repayment extension described in Section 4.3 (If ()9is selected, the Employer may optionallyselect and one or more of(1), (2), or (3).)
(1) [ ] The SuspensionPeriod willbegin V (Enter date not before March 27, 2020) and end .(Enter date not later than December 31, 2020.) (2) [ ] The Extension Period willbe .(Enterperiod, up to one year, the due date ofthe loan will be extended, such as “six months.”)

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Agenda Item #4.4:

2.4 2.5

3.1 3.2

3.3 3.4
CARES Act Amendment for Employers V 1.1
(3) [] The following additionalprovisionsapply to the loan repayment extension:
(Enter limitations or restrictions which are nondiscriminatory.) RM]) waivers for 2020. Unless the Employerelects otherwisebelow, the provisions of Section 5.2 apply and a Participant or Bene?ciary who would have been requiredto receive a 2020 RMD or Extended 2020 RMD will receive the distributionunless the Participant or Bene?ciaiy chooses not to receive the distribution. (a) [ ] The provisions of Section 5.2 applyand a Participant or Bene?ciary who would have been required to receive a 2020 RMD or Extended 2020 RMD will not receive the distributionunless the Participant or Bene?ciary chooses to receive the distribution. (b) [ ] Payment of RMDs or Extended 2020 RMDS willbe governed by the terms of the Plan without regard to this Amendment(i.e., no election is availableto Participants or Bene?ciaries). (c) [ ] Other:

For purposes of Section 5.3, the Plan will also treat the following as eligible rollover distributionsin 2020:
(Choose one or none of(d), (e), or (f)):Ifno election is made, then a direct rollover will be o?eredonlyfor distributions that would be eligible rollover distributions without regard to Code §40l (a)(9)(I)):
(d) [ ] 2020 RMDS.
(e) [ ] 2020 RMDS and Extended 2020 RMDs.
(f) [ ] 2020 RMDs but only if paid with an additional amount that is an eligiblerollover distribution withoutregard to Code §40l(a)(9)(I).

The provisions of Article 5, and the election in this Section 2.4, will be effective on the date speci?ed in Section 2.5. unless a different date is entered here: (Optional. Enter a date betweenMarch 27, 2020 and December 3], 2020. RMD distributions beforethe selected effectivedate should have followedplan terms in e?ectbeforethis amendment.) Effective Date. This Amendment is effective March 27, 2020, or as soon as practical thereafter, or, if later, the following date: .(Optional. Enter a date not later than December 31, 2020.)
ARTICLE 3

CORONAVIRUS-RELATED DISTRIBUTIONS
Application. This Article 3 will apply if Section 2.3(b) or Section2.3(d) is selected.

Coronavirus-Related Distribution(s). Subject to the provisionsdescribedin Section 2.3(d)(4), if any, a Quali?edIndividualmay take one or more Coronavi1us—RelatedDistributions.The accounts from which the amount may be distributed shall be limited if selected in Sections 2.3(d)(l) and (2). However, if the Plan is a Money PurchasePension Plan or a De?ned Benefit Plan, and the Quali?edIndividualhas not separated from service, the Quali?edIndividualmay not take a Coronaviius-RelatedDistributionprior to attaining the earlier of Normal RetirementAge or age 59‘/2.The provisions of this Section will apply notwithstanding any limitation in the Plan on partial distributions or any otherwise applicableplan or administrative limits on the number of allowable distributions.

Repayment of distribution. If the Plan permits rollover contributions,then a Participantwho receives a Coronavi1us—RelatedDistribution (from this Plan and/or another eligible retirement plan as de?ned in Code §402(c)(8)(B)), at any time during the 3-year period beginningon the day after receipt of the distribution, may make one or more contributionsto the Plan, as rollover contributions,in an aggregate amount not to exceed the amount of such distribution.

Definition of Coronavirus-Related Distribution. A “Coronavi1us—RelatedDistribution” means a distribution to a QualifiedIndividual during the period beginning January l, 2020 and ending December 30, 2020. The total amount of Coronavirus—RelatedDistributionsto a Quali?edIndividual pursuant to this Amendment from all plans maintainedby the Employer, or any related employer described in Code §4l4(b), (c), (In), or (0), shall not exceed $100,000, (or such lesser amount speci?ed in Section 2.3(d)(3)). The

65303.00l
Agenda Item #4.4:

4.1 4.2

4.3 5.1

5.2 5.3
CARES Act Amendment for Employers v 1.1
Coronavirus—RelatedDistributionsfrom the Plan to a Quali?edIndividualwill not exceed the amount of the individual’s vested account balance or the present value of the individual’svested accruedbene?t.

ARTICLE 4

PARTICIPANT LOAN RELIEF
Application. This Article 4 will apply only if the Plan permitsparticipantloans. Section 4.2 will apply if Section 2.3(b) or Section 2.3(e) is selected. Section 4.3 will apply if Section2.3(b) or Section2.3(i) is selected.

Increased loan limit. Notwithstanding the loan limitationthat otherwisewould apply, the Plan will determine the loan limit under Code §72(p)(2)(A) for a loan to a Quali?edIndividual, made during the period beginning March 27, 2020 and ending September22, 2020, by substituting “$100,000” (or such lesser amount speci?ed in Section2.3(e)(l)) for “$50,000,” and by substituting“l00% (or such lesser percentage speci?ed in Section 2.3(e)(2)) of the present value of the nonforfeitable accrued bene?t of the employee under the Plan” for “one-half of the present value of the nonforfeitable accrued bene?t of the employeeunder the Plan” (or its equivalent). The provisionsdescribedin Section 2.3(e)(3), if any, will apply in connectionwith loansto Quali?edIndividuals.

Extension of certain repayments. If a Quali?edIndividualhas an outstandingloan from the Plan on or after March 27, 2020, then: (1) if the date for any repayment of such loan occurs during the Suspension Period, the due date is extended for the Extension Period; (2) the due date of the loan will be extended by the Extension Period; (3) the Plan will adjust any subsequent repayments to re?ect the extension of the due date and any interest accrued during the Suspension Period; and (4) the Plan will disregard the Extension Period in determiningthe 5-year period and the loan term under Code §72(p)(2)(B) or (C). The provisions described in Section 2.3(f)(3), if any, will apply in connectionwith the suspensionand extension described in this Section. The Suspension Period, unless otherwise speci?ed in Section2.3(f)(l), will begin March 27, 2020 and end December 31, 2020. The Extension Period, unless otherwise speci?ed in Section2.3(i)(2) will be one year. The provisionsof this Section 4.3 will be appliedin accordancewith Section 5.B. of Notice 2050—50,or any subsequent applicable guidance, and the adjustmentdescribed in (3) may re?ect the “safe harbor” describedtherein.

ARTICLE 5
WAIVER OF 2020 REQUIREDMINIMUM DISTRIBUTIONS (RMDS)
Application. This Article 5 will apply only to de?ned contributionplans, including401(k) Plans, Pro?t~ Sharing Plans, Money Purchase Pension Plans,403(b) Plans,and 457(b)Plans sponsoredby governmental employers. The de?nitions in Section 5.4 will apply in interpretingSection 2.4.

Waiver; default provision. This Section 5.2 will apply unlessthe Employerhas selected Section 2.4(b) or (c). Notwithstanding the provisions of the Plan relating to RMDs, whether a Participant or Bene?ciary who would have been required to receive 2020 RMDs, and who would have satis?ed that requirement by receiving distributionsthat are (1) equal to the 2020 RMDS, or (2) Extended 2020 RI\/IDs will receive those distributionsis determinedin accordancewith the option chosen by the Employer in Section 2.4.

Notwithstanding the option chosen by the employerin Section 2.4, a Participant or Bene?ciary will be given an opportunityto make an election as to whether or not to receive those distributions. If the Plan permits a Bene?ciary of a deceasedParticipant to make the election to use the 5~yearrule or the life expectancy rule, the deadline to make the election shall be extendedto re?ect the adoption of Code §401(a)(9)(1)-
Direct rollovers. Notwithstanding the provisions of the Plan relating to required minimum distributions under Code §40l(a)(9), and solely for purposes of applyingthe direct rollover provisions of the Plan, certain additionaldistributionsin 2020, as elected by the Employerin Section 2.4, will be treated as eligible rollover distributions.If no election is made by the Employer in Section 2.4, then a direct rollover will be

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Agenda Item #4.4:

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CARES Act Amendment for Employers v 1.1
offered only for distributionsthat would be eligible rollover distributionswithout regard to Code §401(a)(9)(1)-
De?nitions. “RMDS” means required minimumdistributionsdescribedin Code §40l(a)(9). “2020 RMDS” means required minimum distributionsthe Plan would have been required to distribute in 2020 (or permitted to pay in 2021 for the 2020 calendaryear for a Participantwith a required beginning date of April 1, 2021) but for the enactment of Code §40l(a)(9)(I). “Extended 2020 RMDs” means one or more payments in a series of substantiallyequal distributions(that includethe 2020 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant,the joint lives (orjoint life expectancy) of the Participant and the Participant’s designatedBene?ciary, or for a period of at least 10 years.

Installment payments. A Participant or Bene?ciary receiving payment of 2020 Rl\/lDs or 2020 Extended RMDs pursuant to this Article 5 may receive them in any method (including installments or partial distributions) whichwould have been permittedunder the terms of the Plan if the amounts would have been RMDS but for the enactment of Code §40l(a)(9)(I).
******
This Amendment has been executed this (date).

Name of Plan: City of Sonoma STARS Retirement Plan
Name of Employer:City of Sonoma
By:

EMPLOYER

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1.1 1.2

1.3 1.4

1.5 AMENDMENT TO IMPLEMENT HARDSHIP DISTRIBUTION
PROVISIONS OF THE BIPARTISAN BUDGET ACT OF 2018

ARTICLE I

PREAMBLE
Adoption and effective date of Amendment. The Document Provider, on behalf of the Employer, hereby adoptsthis Amendment to the Employer's Plan. Except as otherwise speci?ed in this Amendment, this Amendment is effective ("the Effective Date") on the first day of the first Plan Year beginning after December 31, 2018, or as soon as administrativelyfeasible thereafter,and in no event laterthan the Latest Effective Date. If the Plan, prior to this Amendment,does not provide for hardship distributions,then this Amendmentwill be void and of no effect.

Superseding of inconsistent provisions. This Amendment supersedesthe provisions of the Plan to the extent those provisions are inconsistentwith the provisions of this Amendment. Except as otherwise provided in this Amendment, terms de?ned in the Plan willhave the same meaning in this Amendment.

Construction. Except as otherwiseprovided in this Amendment, any "Section"reference in this Amendment refers only to this Amendment and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment, and does not relate to the Plan article,section, or other numbering designations.

Effect of restatement of Plan. If the Employerrestates the Plan using the Document Provider's pre~approved plan based on The CumulativeList of Changes in Plan Quali?cationRequirementsfor Pre—approvedDe?ned Contribution Plans for 2017 (Notice 2017-37) or any earlier Cumulative List, then this Amendmentshall remain in effect after such restatement unlessthe provisionsin this Amendment are restated or otherwise become obsolete (e.g., if the Plan is restated onto a plan document which incorporates these provisions). [ ] Not Applicable. The Plan does not permit Hardship distributions.No elections should be made below.

ARTICLE II

ELECTIONS
Instructions: Complete the elections at Sections 2.1 and 2.2. Unless this Amendment is signedby the Employer, the default electionsin Section 2.3 will apply. If the Employer is satis?ed with those defaults and the Document Provider's elections in Sections 2.1 and 2.2, the Employer does not need to execute this Amendment. Otherwise,the Employer must complete the elections at Sections2.1 and 2.2, may complete one or more of Sections 2.4 through

2.7 in order to override the default elections in Amendment Section 2.3, and must execute the amendment.

2.1 2.2

2.3 Termination of deferral suspension. Hardshipdistributionsmade on or after the Effective Date will not trigger a suspensionof Elective Deferrals, pursuant to Section 3.1(c). If a Participantreceived a hardship distribution before the Effective Date, and therefore Elective Deferrals were suspended,will the Participant be able to resume deferrals as soon as practical after the Effective Date? a. [ ] YES. Beginning on the Effective Date, Elective Deferrals will not be suspendedon account of a hardshipdistribution,regardlessof the date of the distribution. b. [X] NO. The Participant'ssuspensionof ElectiveDeferralsbegun before the Effective Date will continue as originallyscheduled.

Expansion of sources available for a hardship distribution. Pursuant to Amendment Section 3.2, are QNECsand QMACSavailablefor hardship distributions? YES. QNECsand QMACSare availablefor hardshipdistributions.

N0. QNECsand QMACSare not availablefor hardshipdistributions. 3- [1
b. [X]
Default Provisions. The following provisions apply except to the extent the Employer makes a different election in one or more of Sections 2.4 through 2.7 and executes the Amendment. a. After the Effective Date, Participants do not need to take plan loans before taking hardship distributions.
65303.00l
Agenda Item #4.4:

b. After the Effective Date, earnings on Elective Deferrals may be withdrawn on account of a hardship. c. Hardship needs include residential casualty losses (without regard to whether the casualty was in a federally declared disaster area) and Disaster Losses, effective January 1, 2018 or as soon as practical thereafter. d. The Effective Date is the ?rst day of the first Plan Year beginning after December 31, 2018, or as soon as administratively feasible thereafter, and in no event later than the Latest Effective Date.

Skip Sections 2.4 through 2.7 if you accept the default provisions listed in Section 2.3. Any entry in Sections

2.4 through 2.7 will override those defaults.

2.4 2.5

2.6 2.7

3.1 Loan Requirement. The provisions of AmendmentSection 3.l(b), requiring recipients of hardship distributionsto take available nontaxable loans, will NOT applyunless selected below:
a. [X] Amendment Section 3.l(b) APPLIES (i.e., Participantsare requiredto obtain a Plan loan) inde?nitely, unless and until the Plan is further amended.

Expansion of sources available for a hardship distribution. Earnings on amounts attributable to Elective Deferrals are availablefor hardship distribution,unless selected below:
a-[] Earningson amounts attributableto ElectiveDeferrals are NOT availablefor hardshipdistributions.

Hardship needs/events. The provisions of Amendment Sections 3.3 (relating to residential casualty losses) and 3.4 (relating to Disaster Losses) apply as of January 1, 2018, or as soon as practicalthereafter, unless otherwise electedbelow.
a. [ ] Amendment Section 3.3 willNOT apply(and so casualty losses are limited to federally declared disasters,pursuant to Code §l65(h)).
b. [ ] AmendmentSection 3.4 willNOT apply(and so the Planwill not make hardshipdistributionson account of DisasterLosses).

Effective Dates. Unless otherwiseselectedbelow, the Effective Date is the ?rst day of the first Plan Year beginning after December 31, 2018, or as soon as administrativelyfeasible thereafter, and in no event later than the Latest Effective Date. Except as otherwisespeci?ed in this Amendment, all provisions are effective on the Effective Date. a. [ ] Other general Effective Date: (may not be earlier than the ?rst day of the first Plan Year beginningon or after January 1,2019or after the Latest Effective Date). b. [ ] SpecialEffective Date for Amendment Section2.2a: [Enter a special effectivedate, no sooner than the?rst day ofthe 2019 Plan Year.] c. [ ] SpecialEffective Date for Amendment Section2.3a: [Enter a special e?ectivedate, no sooner than the?rstday ofthe 2019Plan Year.] d. [ ] SpecialEffective Date for AmendmentSection2.3b: [Enter a special effectivedate no sooner than the?rstday ofthe 2019 Plan Year.] e. [ ] SpecialEffective Date for AmendmentSection2.3c: [Enter a special ejfectivedateforthe expansion ofhardship needs/events, no sooner than January I, 2018.]

ARTICLE III

DISTRIBUTION BASED ON HARDSHIP
Modi?cation of hardship necessity provisions.
a. The NecessityProvisions of the Plan are repealed. Except as otherwiseprovided in this Section 3.1, the Plan will not make a hardship distribution to a Participant unless the Participanthas obtained all other currently availabledistributions(including distributions of ESOP dividendsunder section Code §404(k), but not hardship distributions) under the plan and all other plans of deferred compensation,whether qualified or nonquali?ed, maintained by the Employer. In addition,for a distributionthat is made on or after the Latest Effective Date (or such earlier date as the Plan Administratorhas implementedthe procedure), the Paiticipant must certify (in writing, by an electronicmedium as de?ned in Treas. Reg. §l.401(a)~2l(e)(3), or in such 65303.00l
Agenda Item #4.4:

3.2 3.3

3.4 4.1

4.2 4.3

4.4 4.5

4.6 4.7
other form as authorized in IRS guidance) that he or she 11asinsufficient cash or other liquid assets reasonably availableto satisfy the need.
b. If and only if elected in Amendment Section 2.4, before a hardship distributionmay be made, a Participant must obtain all nontaxable loans (determined at the time a loan is made) available under the plan and all other plans maintained by the Employer.
c. The Plan will not suspend the Participant from making Elective Deferrals on account of receipt of a hardship distribution.This provision will applyto hardshipdistributionsmade after the Effective Date. Under AmendmentSection 2.1, it may also apply, as of the Effective Date, to certain suspensionsof Elective Deferrals on account of receipt of a hardship distributionprior to the Effective Date.

Modi?cation of amounts that may be withdrawn on account of a hardship. Except as otherwiseelected in Amendment Sections 2.2 and 2.5, earnings on Elective Deferrals, QNECs, and QMACs(and the earnings thereon) may be withdrawn on account of a hardship. The hardship provisionsset forth in the Plan, except as modi?ed by this Amendment, continue to apply.

Residential casualty loss. Except as otherwiseprovidedin Amendment Section 2.6, effective January 1, 2018 or as soon as practical thereafter, to the extent the Plan permits hardship distributionsfor expenses to repair damageto the Participant's principalresidence that would qualify for a casualty loss deductionunder Code §l65, such amounts will be determinedwithout regard to Code §165(h)(5).

Disaster loss. If the Plan is a Deemed Need Plan, then except as otherwise provided in Amendment Section

2.6, effective January 1, 2018 or as soon as practical thereafter, the financial needs which can justify a hardship distributionto a Participant are expandedto include DisasterLosses.

ARTICLE IV

DEFINITIONS
Suspensions of Elective Deferrals. Any reference to suspensionof Elective Deferrals means and includes a suspensionof Elective Deferrals and/or EmployeeContributions to this Plan or any other quali?ed plan, a 403(b) plan, or an eligible governmental plan (described in Treas. Reg. §l.457-2(f)) of the Employer.

QNECS.A "QNEC"is a Quali?edNonelective Contribution, described in Code §40l(m)(4)(C) or a safe harbor nonelective contribution described in Code §40l(k)(l2)(C). For purposesof this Amendment only, a QACAnonelective contribution described in Code §40l (k)(l 3)(D)(i)(II) will also be treated as though it were a QNEC.

QMACs.A "QMAC"is a Quali?edMatching Contribution,described in Code §40l(k)(3)(D)(ii)(I), or a safe harbor matching contribution described in Code §40 l(k)(l2)(B). For purposes of this Amendment only, a QACAmatchingcontribution describedin Code §401(k)(13)(D)(i)(I) will also be treated as though it were a QMAC.

Necessity Provisions. The "NecessityProvisions"of the Plan are those provisions which implementthe provisionsof Treas. Reg. §1.40l(k)—1(d)(3)(iv)(B), (C), (D), and (E), as in effect prior to April 1, 2019. These provisions may either re?ect the safe harbor "deemed necessary" standards of subparagraph(E) of that regulation, or the non~safe harbor "no alternativemeans“ standards of subparagraphs(B), (C), and (D) of that regulation.

Deemed Need Plan. The’Plan is a "Deemed Need Plan" to the extent the Plan limits eligibilityfor a hardship distributionto the deemed immediate and heavy financial needs describedin Treas. Reg. §l.401(k)— 1(d)(3)(ii)(B)(as revised effective April 1,2019).

Disaster Losses. Disaster Losses are expenses and losses (includingloss of income) incurredby the Participant on account of a disaster declared by the Federal Emergency Management Agency (FEMA) under the Robert T. Stafford Disaster Relief and Emergency AssistanceAct, Pub. L. 100-707,provided that the Participant's principalresidence or principal place of employment at the time of the disaster was located in an area designatedby FEMA for individual assistancewith respect to the disaster.

Document Provider. The Document Provider means the Sponsor of a Prototype Plan or VS Practitioner of a VolumeSubmitterPlan as de?ned in Rev. Proc. 2015-36, or the Provider of a Pre~appr'ovedPlan, as de?ned 65303.00l
Agenda Item #4.4:

in Rev. Proc. 2017—41.References to the Document Provider's plans or to pre—approVedplans refer to the Prototype Plans, Volume Submitter Plans,and/orPre—approvedPlans sponsoredby the Document Provider for use by adopting employers, as the case may be.

4.8 Latest Effective Date. The "Latest Effective Date" is the latest of January 1, 2020, the Effective Date of the Plan, or the effective date of any amendmentaddinghardship distributionsto the Plan.

This Amendment has been executed this (date)
Name of Plan: City of Sonoma STARS RetirementPlan
Name of Employer: City of Sonoma
By:

EMPLOYER
653103.001
Agenda Item #4.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - May 04 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Introduce an Ordinance Amending Sonoma Municipal Code 7.25.020 To Remove Menthol as an Approved Flavor for Tobacco Products with an Effective Date of September 1, 2022 Summary
The City Council introduced this ordinance at their April 6th meeting and approved it for introduction as presented. When it was brought back for adoption on April 20th, Staff asked that the City Council consider amending the ordinance to include a future effective date. This would allow for sufficient notice to the businesses that hold tobacco retail licenses. The Council agreed on an effective date of September 1, 2022.

Because this is a substantive change to the ordinance, the item is being brought back for reintroduction.

BACKGROUND
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.

Recommended Council Action
Council discretion.

Agenda Item #4.5:

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
Ordinance
Agenda Item #4.5:

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 September 1, 2022.

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 Agenda Item #4.5:

City of Sonoma this ______ day of _____, 2022.
__________________________
Jack Ding, Mayor
ATTEST:
________
________
________
__
Rebekah
Barr,
MMC, City
Clerk
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 this _____ day of _____ 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Rebekah
Barr,
MMC, City
Clerk
Agenda Item #4.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - May 04 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director
Agenda Item Title
Consideration, Discussion and Possible Action regarding the Approval of a Residential Permit Parking Program (RPPP) on Public Streets in the Clay Street Neighborhood in the City of Sonoma
Summary
On June 17, 2021, the Traffic Safety Committee recommended that the City Council establish a RPPP in the Clay Street neighborhood and identified Clay Street, Bragg Street and Cooper Street as the location for said RPPP. (See the attached map and Traffic Safety Committee staff report.) The need for the RPPP is due to the heavy demand for on-street parking on those streets resulting from the weekend activities of visitors to Train Town, the daily operations at the service area of the Lodge Hotel, and the daily parking activity of residents at the SAHA project.

Staff recently reached out to the management of the Lodge, Train Town and the SAHA project and all are in support of the establishment of an on-street RPPP by the City in the Clay Street neighborhood.

Over the years, on-street parking problems in residential areas in the City have been brought to the attention of staff and the City Council to be addressed. The establishment of a formal RPPP in the Clay Street neighborhood is unique in that weekend visitors to Train Town are visiting an establishment that is not located within City limits. If Train Town was located within City limits it would be able to exercise land use control to address on and off-site parking and any need for parking on public streets.

If approved by City Council, the type of RPPP, (its duration and its geography), would be presented to the Traffic Safety Committee for a recommendation before its introduction to the City Council.

Recommended Council Action
Both the Traffic Safety Committee and staff are recommending the City Council approve the creation of a Residential Permit Parking Program on public streets in the Clay Street neighborhood and provide direction to staff to bring back a resolution establishing a residential permit parking program and corresponding implementation plan.

Direction to staff to prepare a RPPP 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.

Agenda Item #6.1:

Alternative Actions
1) Do not approve a residential permit parking plan in the Clay Street neighborhood 2) Council discretion
Financial Impact
To be determined once an Implementation Plan has been prepared and approved by the City Council.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Map of Clay Street Neighborhood
Traffic Safety Committee - June 17 Staff Report
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:

Chris Wingerberg, Manager at the Lodge
Robert Frank, Management at Train Town
Adam Kuperman, Management at SAHA project
Agenda Item #6.1:

Clay Street Neighborhood
Agenda Item #6.1:

City ofSonoma
Meeting: Traffic
Agenda Item Summary
Safety Committee—June17, 2021
Agenda Item 2.2
Department
Public Works
Agenda Item Title
Discussionand Possible Action Rega
Staff Contact
Colleen Ferguson, Public Works Director/City Engineer
rding the Possibility of Parking Permits for the ResidentialArea near Clay Street and The Lodge
Summary
On April 15, 2021, the Traffic Safety 0
Clay Street and developed recommenida
loading activities. At that meeting the
Safety Committee meeting in June 20
Background
Clay Street Neighborhood
The east end of Clay Street, at Broad
between Bragg Street and Fryer Cre
scheduled to reopen June 15) and fo
Street was minimizedby closures asa
rtments, with full leasing expected within four weeks (see ExhibitA into the Alta Madrone Affordable Apa
— Clay Street Vicinity Map). Families
Lodge, and reopening of Train Town
impacts associated with loading activ
Parking Permits
One of the ideas raised for addressin
program. As shown on Exhibit B, St
parking privileges to residents and m
preferential parking permit program w
would be issued and the program ad
placed in the area subject to parking
renewals and be responsible for their
program. As described by Deputy S
Police Department is not staffed for
education over enforcement as well
police activitiesin the Sonoma area.

Parking needs for special events (suc
through temporary signage for the dura
?
minis
permits. Residents would need to apply for parking permits and kerrett at the Ap
ommittee discussed operation of the Lodge Loading Zone on tions to improve parking and reduce impacts associated with Traffic Safety Committee requested that staff schedule a Traffic 21 to discuss the possibilityof parking permits in the area. way/State Route 12, is used to access the residential areas k Drive as well as for overflow parking for Train Town (which is deliveries to the Lodge. Starting in March 2020, parking on Clay ociated with the coronavirus pandemic. Residents willsoon move moving into the new apartments, resumption of activity at the re expected to increase the need to improve parking and reduce ies at the Lodge.
parking issues on and near Clay Street is a parking permit te and City code provides the City authority to grant preferential erchants adjacent to certain streets. Per City Code, if a as approved for the residential area near Clay Street, permits tered by the Chief of Police. Signs would be required to be The City would need to issue permits and administer the ril 15 Traffic Safety Committee meeting, the City
rking enforcement. The Police Department recommends
guests.
aisa “wait and see” approach based on their other prioritiesfor h as Bottle Rock andthe Authors Festival) could be addressed tion of the events.

Agenda Item #6.1:

RecommendedCommittee Action
It is recommendedthe Traffic Safety Committee discuss and provide a recommendationregarding the possibilityof parking permits for the residential area near Clay Street and The Lodge.

Alternative Action
Committee discretion.

Attachments
ExhibitA — Clay Street Vicinity Map
ExhibitB — Code Excerpts
CC:

Agenda Item #6.1:

City of Sonoma
Agenda Item Summary
Meeting: City Council - May 04 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Discussion, Consideration and Possible Action Regarding Options for the Continuation or Cessation of the Sonoma Al Fresco Program Which Terminates on October 31, 2022 Summary
On May 18, 2020, the Sonoma City Council adopted a resolution authorizing the City Manager to create and implement new re- opening and recovery measures through the issuance of Temporary Use Permits (TUPs), Encroachment Permits (TEPs), and/or Licensing Procedures to allow the City’s businesses to expand their operating space utilizing public rights-of-way (including parking areas and roadways), their own property or neighboring properties with neighbor agreement, while respecting social distancing requirements. To mitigate the impact of COVID-19 on Sonoma businesses, the City of Sonoma created a program to assist in temporarily adding or expanding their outside service options to accommodate COVID-19 related health standards. This program is known as the Sonoma Al Fresco program. Due to the rapid necessity for outdoor dining, the design requirements were minimal, and construction varied, resulting in a lack of cohesion. There was no fee for TEPs or TUPs and both permits were approved administratively by Staff.

A recent survey of businesses on the Plaza indicated continued support for outdoor dining, however, most businesses expressed a desire to implement improvements. Currently, there are fourteen (14) parklets and one sidewalk extension around the Plaza. The Al Fresco Sonoma program currently continues thru October 31, 2022. If no action is taken prior to that date, the existing parklets would be removed and the Plaza would return to conditions prior to implementation of the program.

Given ongoing public health concerns due to the endemic phase of COVID-19 and the associated uncertainty, continuing the program would provide the City with additional outdoor dining options. The general public still has concerns regarding indoor dining and is showing a preference to dine outside. The Sonoma Valley Visitors Bureau has commented that requests for outdoor dining options continues to be a top question asked by visitors. Additionally, the parklets have supported the City in generating tax revenue, which has helped the City recover from a budget shortfall in Fiscal Years 2019/2020 and 2020/2021 due to COVID. Continuing the program would allow the City to continue recouping lost tax revenue and support the City during other future potential economic downturns.

On Wednesday March 16, 2022, the City Council established a Parklet Ad Hoc Subcommittee, comprised of Vice Chair Barnett and Councilmember Felder. The Sub-committee was charged with analyzing issues that could arise during staff’s consideration of the future of the temporary Al Fresco program, including but not limited to design standards, consideration of impacts, costs, and duration. The Sub-committee has been collaborating with staff, the Sonoma Valley Chamber of Commerce, and Sonoma Valley Visitors Bureau to evaluate all potential options and various constraints.

Agenda Item #6.2:

At the meeting held on April 25, 2022, the Parklet Ad Hoc Sub-committee discussed and decided that staff should immediately begin working with Code Enforcement to implement a number of interim improvements for parklets that will address health and safety concerns, improve ADA access, as well as enhance the overall aesthetics around the historic Sonoma Plaza. Staff will work with the restaurants who have existing parklets and provide the guidelines, with a deadline for the improvements to be completed prior to May 26, 2022 (Memorial Day weekend).

Additionally, the Sub-Committee recommended the development of comprehensive parklet design standards for consideration and adoption should City Council approve the extension of the Al Fresco Program beyond October 31, 2022.

The Sub-Committee also discussed the use of parklets during the upcoming Fourth of July parade and recommended that the parklets should be made accessible to the public during the parade and that all business activities in the parklet should be prohibited before 12 pm (when the parade ends).

Staff is returning to City Council at this time to discuss and consider the Parklet Ad Hoc SubCommittee’s recommendation for comprehensive design standards for the parklets and the extension of the Sonoma Al Fresco program.

Recommended Council Action
Discussion and direction.

Alternative Actions
Council Discretion.

Financial Impact
No direct financial impact at this time.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #6.2: