Agenda, regular meeting — Sonoma City Council, May 18, 2022 (part 1 of 2)

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 18, 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 (Barnett, Felder, Lowe, Agrimonti, Ding)

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.

2. MEETING DEDICATIONS

3. PRESENTATIONS

3.1: Proclamation in Honor of Asian American and Pacific Islander Heritage Month in the City of Sonoma
Proclamation
Proclamation Historical Information
5 - 7

3.2: Introduction of New City Staff (Acting City Manager)

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

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

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

Agenda Report - Ordinance Adoption - SMC 7.25.020 - Pdf 8 - 11

4.3: Adopt a Resolution Amending the Special Events Policy Removing References to the Community Services and Environment Commission and Revising the Waste Minimization Section to Comply with SB1383 (Senior Management Analyst)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Special Events Policy - Pdf
12 - 74

4.4: Accept the Expenditure Report for the Month of April 2022 (Deputy Finance Director)
RECOMMENDATION: Accept report.

Agenda Report - Expenditures - April 2022 - Pdf
75 - 85

4.5: Adopt a Resolution Authorizing an Extension of a 1% Increase in the Transient Occupancy Tax that was Approved by Council Effective September 1, 2019 for Use for Affordable Housing Purposes for FY 19/20, 20/21 and 21/22 for an Additional 3 years (FY 22/23, 23/24 and 24/25) with Review by the City Council Prior to May 2024 (Acting City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Transient Occupancy Tax Extension - Pdf 86 - 89

4.6: Adopt a Resolution Approving the Parcel Map No. 159 for the 2-Lot Residential Development known as Collins Minor Subdivision located at 241 Fifth Street West, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement (Public Works Director/City Engineer and PW Admin & Project Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Collins Minor Subdivision Parcel Map - Pdf 90 - 125

4.7: Adopt a Resolution Adopting the Specifications for the 2022 Citywide Slurry Seal Project No. 2201 (Project); Accepting the Bids and Awarding a Contract to VSS International, Inc of West Sacramento, CA; and Authorizing the City Manager to Execute a Construction Contract in the Amount of $255,000.00 (Public Works Director/City Engineer and PW Admin & Project Manager) RECOMMENDATION: Adopt the resolution.

Agenda Report - 2022 Slurry Seal Project - Pdf
126 - 133

5. PUBLIC HEARING

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

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6.1: Discussion, Consideration and Possible Action to Approve a Resolution and Employment Agreement Appointing Sue Casey as Interim City Manager Effective May 18, 2022 (City Attorney)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Interim City Manager - Pdf
134 - 144

6.2: Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending Sonoma Municipal Code, Title 2 – Administration and Personnel, by 1) repealing Chapter 2.48 (Community Services and Environment Commission) and adding a new Chapter 2.48 (Parks, Recreation and Open Space Committee); and 2) Adding a new Chapter 2.50 (Climate Action Committee) and Amending Title 12 – Streets and Sidewalks, by amending Section 12.08.020 (S) of the Tree Ordinance and Finding that the proposed amendments are exempt from the California Environmental Act (CEQA) under Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Acting City Manager and Planning & Community Services Director)
RECOMMENDATION: Introduce the ordinance.

Agenda Report - Code Changes - CSEC, PROS, CAC - Pdf
145 - 154

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 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.

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Jrorlamation

IN HONOR OF ASIAN AMERICAN AND PACIFIC ISLANDER

HERITAGE MONTH
Whereas, on the occasion that the month of May 2022 was chosen to celebrate Asian and Pacific Islander heritage in the United States to commemorate the immigration of the first Japanese to the United States on May 7, 1843, and to mark the May 10, 1869 anniversary of the completion of the transcontinental railroad built with back-breaking labor of nearly 20,000 Chinese immigrants; and, Whereas, Asian Americans and Pacific Islanders play a significant role in the development of a dynamic and pluralistic American society with 32 Asian ethnic groups and 77 Asian languages in California. Violence against Asian Americans and Pacific Islanders, along with the Indigenous Peoples of the United States and Black and Brown Peoples, existed at the founding of this country and regrettably continues to this day; and
Whereas, the role of Asian Americans in Sonoma County has largely gone unrecognized, especially concerning the contributions made in agriculture. With the help of approximately two hundred Chinese laborers, Buena Vista Winery was built in 1857 as the first California Premium Winery. After the Chinese Exclusion Act of 1882, Japanese farmers built successful family farms, and contributed statewide to creating successful strawberry and other farming techniques; and Whereas, we propose that the U.S. Congress in 2012 and California state legislature in 2014 adopt resolutions of formal apologies to Chinese Americans for the enactment of the Chinese Exclusion Act of 1882 and similar laws. We, the City of Sonoma officially apologize for the unjust mistreatment of Chinese immigrants living and working in the City and Valley of Sonoma during this early time period; and
Whereas, we support the Asian American Pacific Islanders Coalition for North Bay to celebrate culture empower community and promote positive change of AAPI community in the North Bay. We support Sonoma Sister Cities Association - Penglai Committee's proposal of Wine Country Chinese Legacy Project to commemorate the contribution of the Chinese to the wine industry in Sonoma Valley by building a Chinese Pavilion "Ting" in Depot Park in Sonoma.

Therefore, be it resolved, that I, Jack Ding, Mayor of the City of Sonoma, am honored to commemorate the valuable contributions of the Chinese immigrants, along with the special contributions of all Asian Americans and Pacific Islanders who were undocumented and unrecorded in California history. We take· pleasure in celebrating the diverse and vibrant cultures that the Asian American and Pacific Islander communities bring to our city and Sonoma County.

Agenda Item #3.1:

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ADDITIONAL HISTORICAL INFORMATION
The first shipment of California wine to Europe were developed by Kanaye Nagasawa, who planted 375 acres of grapes at Fountain Grove Winery, which accounted for ⅓ of all wine produced in Sonoma County at that time. His samurai sword survived the Tubbs fire and the history of his contributions are on display at Paradise Ridge Winery’s tasting room.

In 1942, the Japanese were removed forcibly by President Roosevelt’s Executive Order 9066 which condemned them to concentration camps, with all their property taken from them.

Filipino farm laborers worked alongside Chinese and Indigenous Peoples of Sonoma County in developing the rich agricultural farming areas of Sonoma County.

The plurality of Asian Americans and Pacific Islanders continue to make contributions to the county in all fields, for example, with the Fijian community making a huge impact in caring for the elderly.

Sonoma Valley is recognized as the birthplace of wine in California and well known as the premier destination for wine, food, arts, culture, and lifestyle. However, little is known about the contribution of Chinese vineyard workers in the mid-19th century. This historic act, repealed 61 years later in 1943, continued to adversely affect many generations of Chinese Americans.

The State of California not only strongly lobbied Congress to pass the Chinese Exclusion Act, it was the first state to enact anti-Chinese constitutional provisions and legislation that increased restrictions and hardships on the Chinese in California.

The Chinese Exclusion Act of 1882 was the first federal law ever passed that legalized discrimination against a specific group solely on the basis of race or nationality.

Chinese laborers were harshly treated through the enactment of racist laws, beginning in Sonoma County with California Congressman Thomas J. Geary who lived in Santa Rosa and introduced the Geary Act which extended the Chinese Exclusion Act from 1892, with discriminatory provisions requiring Chinese to show proof of residence or face harsh punishment.

Charles V. Stuart, who founded a Glen Ellen vineyard naming it after his wife, was elected in 1878, as delegate to California’s second constitutional convention where he gave two impassioned speeches defending the rights of Chinese immigrants against various discriminatory provisions proposed by the convention delegates.

In a movement to forcibly remove all Chinese from Sonoma by starving them out – not hiring them and not patronizing shops that hire Chinese, the Chinese population in Sonoma County dropped by 82% in 40 years to less than 200 by 1930.

We gratefully acknowledge the research on the history of undocumented Chinese by the local historian, Robert Parmelee (1929 – 2021). In his research paper, Robert stated that “If Sonoma was a melting pot for English, German, Italian and French immigrants, with regard to Chinese residents, though there were many Chinese in our valley during the nineteenth century, someone forgot to light a fire under the pot.” We also acknowledge the invaluable wealth of information provided by Sonoma State University 2015 Master thesis written by Gordon C. Phillips (1929 - 2018) – The Chinese in Sonoma County, California, 1900-1930: The Aftermath of Exclusion – which examines the transformation of the Sonoma County Chinese from the beginning of their transition from a sojourner mentality to a transnational community in the middle thirty years (1900-1930) of the sixty-year exclusion era.

Agenda Item #3.1:

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The Wine Country Chinese Legacy Project to commemorate the contribution of the Chinese to the wine industry in Sonoma Valley by building a Chinese Pavilion “Ting”, was approved at the City Council meeting on September 7, 2016.

Agenda Item #3.1:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt an Ordinance Amending Sonoma Municipal Code 7.25.020 To Remove Menthol as an Approved Flavor for Tobacco Products
Summary
The City Council introduced this ordinance at their May 4th meeting and approved it for introduction as presented with an effective date of September 1, 2022. It is being brought back for adoption.

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.

Alternative Actions
Council discretion.

Financial Impact
Agenda Item #4.2:

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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
Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.2:

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City of Sonoma
ORDINANCE # _______ - 2022

AN ORDINANCE OF THE CITY OF SONOMA AMENDING
SECTION 7.25.020 (H) OF THE SONOMA MUNICIPAL CODE

TO REMOVE MENTHOL AS AN APPROVED FLAVOR FOR

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

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

Sec. 7.25.020. REQUIREMENTS AND PROHIBITIONS
(H) FLAVORED TOBACCO PRODUCTS. No Tobacco
Retailer shall sell a Tobacco Product containing, as a
constituent or additive, an artificial or natural flavor (other than tobacco ) or 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 on 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 City of Sonoma this ______ day of _____, 2022.

Agenda Item #4.2:

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__________________________
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 #4.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Amending the Special Events Policy Removing References to the Community Services and Environment Commission and Revising the Waste Minimization Section to Comply with SB1383
Summary
The City’s Special Event Policy has been in place for many years. The stated purpose of the policy is to “seek an appropriate balance between the benefits of organized events and their associated impacts on the community”. The Policy was updated in 2007, in 2015, and again in 2018.

On February 16, 2022 City Council directed changes be made to the Municipal Code to dissolve the Community Services and Environment Commission, (CSEC), create a new Parks, Recreation and Open Space Committee and create a new Climate Action Committee to focus on Climate Action Issues.

Attached are both a red-line version of the 2018 Special Events Policy and a clean version of the revised Policy for City Council's review. Travis Wagner, the City's Sustainability Coordinator, reviewed and revised the Waste Minimization section so that the Policy is up to date with the current SB 1383 requirements for special events.

Recommended Council Action
Adopt the resolution approving the changes to the Special Events Policy.

Alternative Actions
Council discretion.

Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Special Events Policy
Agenda Item #4.3:

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Special Events Policy Redline Version
Special Events Policy Clean
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.3:

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City of Sonoma
RESOLUTION # _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

AMENDING THE SPECIAL EVENTS POLICY
WHEREAS, the City of Sonoma adopted a special events policy to seek an appropriate balance between the benefits of organized events and their associated impacts on the community; and
WHEREAS, the policy requires amendments to remove references to the Community Services & Environment Commission and revisions to the Waste Minimization section to comply with SB1383.

NOW, THEREFORE, BE IT RESOLVED that the amended Special Events Policy (Exhibit A) is approved.

PASSED AND ADOPTED by the City Council of the City of Sonoma at a regular meeting held on the 18th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Jack Ding, Mayor
Rebekah Barr, MMC, City Clerk
Agenda Item #4.3:

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CITY OF SONOMA

SPECIAL EVENTS POLICY
Adopted by the City Council on 9/5/2018
A. PURPOSE
The purpose of this policy is to set rules and processes that will guide the Community Services and Environment Commission (CSEC) and Special Events Committee (SEC), the Special Events Manager and City Manager in seeking an appropriate balance between the benefits of organized events and their associated impacts on the community.

The Special Events Manager position is assigned by the City Manager to carry out the duties and responsibilities set forth in this policy.

The Special Events Committee is comprised of the City’s Fire Marshal, Police Chief or a designated Sergeant, City’s Parks Supervisor, City’s Street Supervisor, and the Special Events Manager.

B. COMMUNITY BENEFITS OF SPECIAL EVENTS
Special Events can create a sense of community for the City of Sonoma and Sonoma Valley in the following ways:
• Providing a gathering place for residents;
• Establishing and maintaining local traditions;
• Providing exposure and celebration of diverse cultures; • Showcasing the talents of local artists;
• Enhancing the local economy by promoting Sonoma as a
destination for tourists and shoppers;
• Generating income for local community-serving non-profit organizations;
• Generating funds to support public programs and projects; • Generating income for non-local causes; and
• Educating the public and increasing public awareness about issues of local concern.

C. COMMUNITY COSTS OF SPECIAL EVENTS
Special Events can generate impacts to area residents and businesses and to the City of Sonoma by, among other things:
• Adding to traffic congestion and exacerbating parking problems;
• Impinging on the use of public spaces for non-structured, passive enjoyment by area residents;
• Having a negative impact on the health and appearance of public landscaping and on the condition of public buildings; Agenda Item #4.3:

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• Impacting the environment due to generation of excessive trash and use of single use plastics that end up in landfill and add to our carbon foot print;
• Adding direct expenses to the City budget for maintenance of public facilities; and
• Excessive alcohol consumption at events can be detrimental to public health and increase the cost of public safety.

Agenda Item #4.3:

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D. DEFINITION OF A SPECIAL EVENT AND TYPES OF SPECIAL
EVENTS
Special Event – An activity on public property open to the general public, with or without and admission charge. Special Events include the following items.
• Any organized formation, parade, procession or assembly of persons, which may or may not include animals, vehicles or any combination thereof which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls.
• Any organized assemblage of persons at any park or facility, owned by the City or by any other governmental agency,
such as the Sonoma Valley Unified School District, California State Parks or Sonoma County, which is to gather for a
common purpose under the direction and control of a
person. (Special events sponsored by, and, held on the
property owned by other governmental agencies including, but not limited to the Sonoma Valley Unified School District, Sonoma County, and the State of California Department of Parks and Recreation, are not required to obtain Special Events Permits from the City. Such agencies are
encouraged to consult with the Special Events Manager
during the planning stages of such events to address
community impacts such as traffic, parking, noise, security, etc.)
• Any other organized activity conducted by a sponsoring organization or person for a common or collective use,
purpose or benefit which involves the use of, or has an impact on, City property or facilities and the provisions of City services in response thereto.

Examples of special events include, but are not limited to concerts, parades, special interest shows or expos, markets, fairs, festivals, block parties, community events or mass participation sports (such as, marathons and running events, bicycle races or tours, etc.).

For the purpose of this policy, special events are distinguished from the following:
• Private events which may be authorized on public property but which are not open to the general public
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o Private event organizers cannot invite/ or contract with commercial vendors to provide services on public
property without the City’s permission;
• Recurring program activities on public property, conducted by the City or by a lessee of City property, where the activity is specifically authorized by use permit and/or by the terms of the property lease or contract; and
• Events on private property.

For the purpose of processing applications, the City organize events into two categories: small-scale events and large-scale events.

Small-scale Event – An event that, in the judgment of the Special Events Manager, meets all three following
requirements: 1) requires less than two four hours of total staff time for pre-event preparation and/or post-event rehabilitation of the event venue; 2) makes use of no more than one section of the Plaza; and, 3) does not exceed eight hours in duration (including time required for set-up and take down).

Large-scale Event -- An event that, in the judgment of the Special Events Manager, meets one or more of the following three requirements: 1) requires more than two four hours of total staff time for pre-event preparation and/or post-event rehabilitation of the event venue; 2) makes use of more than one section of the Plaza; and, 3) exceeds eight hours in duration (including time required for set-up and take down.

E. SPECIAL EVENT APPLICATION PROCESS
Every special event held on property or in a facility owned, leased, or otherwise controlled by the City of Sonoma requires a Special Event Permit.

This provision is not intended to regulate recurring program activities on public property, conducted by the City or by a lessee of City property, where the activity is specifically authorized by use permit and/or by the terms of the property lease or contract.

Application Content and Deadlines
A complete application must be submitted prior to a proposed event being considered for approval. An incomplete application will not be processed or scheduled for review until all information is submitted in accordance with this policy.
• For small scale events, complete applications must be submitted at least 21 days prior to the event.
• For all large-scale events, complete applications must be submitted at least 1260 days prior to the event. An exception to the 120 day submittal deadline may be granted provided 2/3 of the CSEC vote in the affirmative to grant the exception.

Agenda Item #4.3:

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Note: A special event shall not be advertised until the application has been approved by the Special Events Manager, CSEC, or City Council as required.
• A complete application must include the following:
o Special Event Application Form with required
attachments.
• Event Narrative: A description of the event, a
description of core objectives the organizer
wants to achieve by organizing the event,
including partnerships, sponsorship
documentation, marketing plan, attendance
breakdown, and a description of method of
support for all proposed fencing. (Note:
staking or fencing to delineate activity areas is
discouraged and requires CSEC approval).
• Event Timeline: Event timeline should include
the following but not limited to, event move-in
schedule, vendor set-up times, alcohol served
(start and end time), food service times,
transportation schedules, band set-up,
performance times, move-out times.
• Payment of all required application fees, rental fees, costs and damage deposits. New events that are unique in
nature will be evaluated on a case-by-case basis and may be subject to City Council approval. All costs associated with efforts required of City forces to review the Special Event Permit application and provide comments related to event needs and City impact shall be the responsibility of the applicant. A cost estimate will be provided with initial application review; a deposit for estimated costs shall be provided at the time the application is submitted and is required to complete the application process.
▪ Rental Fee -- Rental Fee is a fixed amount for
the rental of all or a portion of a venue, based
on the length of the event; where applicable a
maintenance fee for facility
rehabilitation/maintenance is included with the
rental fee. Rental fees are established by the
City Council by resolution.
▪ Application Fee -- A Series of Events will be
subject to one event application fee.

Depending on the intensity of the proposed use
Agenda Item #4.3:

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CSEC or the Special Events Manager will
determine whether the application fee is that of
a small scalesmall-scale event or a large scale
event. All other fees will be applicable for each
day of use. (For instance, a music series of five
separate events will be required to pay one
application fee and five daily use fees (rent,
maintenance, security deposit, etc.).
▪ Direct City Costs -- Costs associated with efforts
required of City forces to provide traffic control,
parking restrictions, special barricading,
emergency medical services, on-site monitoring
of events or other special event needs shall be
the responsibility of the applicant and shall
include all costs incurred by the City, including
actual time, material and equipment costs.
 A cost estimate will be provided
subsequent to staff review of the
application. A deposit for estimated
costs shall be provided prior to the
application being approved. considered
by the CSEC. Payments and deposits for
Police services must be arranged
through the Sonoma Police Department
through the Sonoma County Sheriff’s
Department.
o Special Events Budget If the event includes an
admission charge, sale of event promotional items such
as, but not limited to clothing and souvenirs, charges to exhibitors or vendors for booth or display space,
sponsorship involving cash donations to the sponsoring
organization, on-site solicitation of donations or any
other cash income, an event is required to complete the event budget template showing estimated income by
source, estimated direct event production expenditures
(including, but not limited to, the costs of goods to be sold) and a letter identifying the planned
beneficiary(ies) of any excess of income over
expenditures.

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contribution required to be paid to local non-profits
as part of this policy document.
o Public Safety Plan – A plan that address such items as emergency vehicle ingress and egress, fire protection,
emergency egress or escape routes, emergency medical
services, public assembly areas and the directing of
both attendees and vehicles (including the parking of
vehicles), vendor and food concession distribution, and the need for the presence of law enforcement, and fire
and emergency medical services personnel at the event.
o Site Plan:
▪ Indicate the number and location of all
proposed food vendors (including food trucks)
barbeques, and generators (if proposed). The
number of food venders allowed shall be at the
discretion of the CSEC or the Special Events
Manager.
▪ Indicate the number and location of any and all
tent structures including the sizes.
▪ Indicate type, layout, and method of support
for all proposed fencing (Note: staking or
fencing to delineate activity areas is
discouraged).
▪ Indicate type and layout of all proposed
furniture (i.e. tables and chairs).
o Additional Special Forms / Requirements
▪ Street Use Permit -- Special Events
proposing encroachments on the State
Highway 12 or the closure of City streets
must obtain the appropriate permits as set
forth in Chapter 12.20 of the Sonoma
Municipal Code. Reservation of Public
Parking – Special Events requesting the
reservation of public parking are required to
complete the Reservation of Public Parking
Permit.

F. APPLICATION PERMIT PROCESS

1. Permit Initial Review
In making determinations about approval or conditions of a special event permit, the CSEC or the SEC, the Special Events Manager and/or City Manager shall consider and make findings regarding the following factors:

Agenda Item #4.3:

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• Does the application conform to all general and site-specific restrictions, requirements and guidelines as set forth in this Policy and in the Appendices hereto?
• In the case of a recurring event, to what level did prior events adhere to all general and site-specific restrictions, requirements and guidelines and to specific conditions of approval, as indicated in post-event reports prepared by staff. and in the post-event reviews conducted by the CSEC?
• What are the nature and magnitude of the community benefits that are anticipated for this event, and, for recurring events, what was the magnitude of community benefits, including the value of donations to non-profit beneficiaries, realized by prior events?
• What are the nature and magnitude of the community costs and impacts that are anticipated for this event and, for recurring events, what was the magnitude of community costs and impacts that were experienced in prior events?

2. Staff Review
• Small-scale events may be reviewed and approved by the Special Events Manager, with or without staff review by the Special Event Committee (SEC). The Special Events Committee is comprised of the City’s Fire Marshal, Police Sergeant, City’s Parks Supervisor, City’s Street Supervisor and the Special Events Manager.
• Large-scale events, or events which in the judgment of the Special Events Manager raise unusual issues, will be subject to SEC review (prior to a decision by the Special Events Manager or by the CSEC). SEC review will be scheduled on an as-needed basis by the Special Events Manager. SEC review may results in recommended conditions of approval to be considered by the Special Events Manager and or City Manager. or by the CSEC.

Large-scale reoccurring events in “Good Standing” with no substantial changes to their program can be reviewed administratively. “Good Standing” is defined as large-scale events with two consecutive years of no significant issues (documented in the Post Event Report) and no substantial changes to their event (additional days added, changes to routes, addition of large tents, use of fencing, etc.). In addition if it was noted during the post event review process that an event violated any of the items outlined below then it would warrant an event not qualifying for “good standing” status:
• Violation of public safety conditions;
• Violation of the Special Events Policy;
• Impact on Plaza businesses that was not expected;
• Numerous complaints and/or complaints of a similar nature; • Not adhering to the list of conditions that are put forth by the City for approval of application. Exhibit A outlines examples of Agenda Item #4.3:

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conditions that are typically included with approval. These conditions are categorized into public safety, maintenance, and compliance with City ordinances.

In addition to violation of the conditions of approval, as stated in the Special Events Policy, if alterations are made to an event that are not communicated to the Special Events Manager prior to the event it would warrant the event losing its “Good Standing” status.

The events meeting the “Good Standing” criteria listed above would be approved administratively by the Special Events Manager, the City’s Special Event Committee (SEC) and the City Manager.

Twice a year (February and May), the Special Events Manager will present a summary of the large-scale events that have been approved administratively to the CSEC.Utilizing the City’s Special Events Calendar, staff will provide the community with event descriptions (provided by the event organizer), and any notifications of pending street closures associated with the event. This summary will include a calendar of events, as well as a link to the approved applications and supporting materials provided by the event organizer. These meeting will take place during regularly scheduled CSEC meetings.

3. CSEC Review
Applications for those events requiring CSEC review and approval will be placed on the next available CSEC agenda after staff review is completed. Applications will not be scheduled for CSEC review and approval until all required information has been provided and all staff reviews have been completed. CSEC meetings are scheduled in conformance with Brown Act noticing requirements.

4. Post-Event Review
Staff will conduct a post event review with all large-scale event organizers. The post event review will cover the compliance with the Single Use Plastics Ban, a recap of the Waste Minimization efforts, and any compliance issue with the Special Events Policy. Sponsoring organizations of large-scale events must attend a post event review at the next meeting of the CSEC that is held not more than ninety days after the event. The requirement for CSEC post-event review may be waived if the event has maintained “Good Standings” for the previous two years. “Good Standing” is defined as no substantial issues or concerns reported or noted in previous post event reports. It is still a requirement that the Special Events Manager completes a post event report. The event representative shall provide an updated Event Budget Template with the actual revenues and costs to the Special Events Manager within 70 days after the event.

The Event Budget report shall be prepared in accordance with Generally Accepted Accounting Principles, and includes a simple budget to actual Agenda Item #4.3:

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analysis and detail of any overhead expense line that exceeds 10% of gross receipts. City staff shall provide completed post event evaluation for review and discussion at the post event review. Payment of all post event invoices, charges, fees or penalties must be received within sixty seventy days of the post event review. Proof of receipt of funds from the beneficiary(ies) of the event is required to be submitted for all events organized by a for-profit entity.

CSEC Commissioners and The Community and City Council Members are encouraged to provide observations and event feedback via an monthly online survey form on the City of Sonoma’s website. When the form is submitted the Special Events Manager will be notified. they will receive from the Special Events Manager via email within 10 days post event.

This will allow the members of City Council Members and CSEC the communitymembers to provide feedback individually to City staff about an event. This feedback would be captured in a comprehensive post event report that would be included in the event file and sent to the event organizer for their review. If there are no significant issues/concerns that are raised than those events will continue to be for those events in “ Good Standing” that have qualified for the special administratively only approval processreviewed by the SEC and Special Events Manager., then the event would not be required to go through a formal CSEC Post Event Review Process. For those events that continue to qualify for the “Good Standing” approval process, their post event reviews would be handled administratively by the Special Events Manager. If If significant issues or concerns are raised during in the Post Event Report, then a large-scale event would be scheduled for review by the CSECCity Manager, at which time the City Manager might make the recommendation to bring the event approval process to City Council’s attention. .

Conditions of approval of subsequent years’ events may be affected by the organization’s failure to attend the mandatory post event review and/or to provide required information, which failure may also constitute grounds for denial of future years’ event permits.

5. Modification of Approved Permit
Once an application is approved, no event shall be modified without prior approval of the CSEC or of the Special Events Manager., whichever approved the event. The Special Events Manager is authorized to approve minor modifications to events. Modifications that require SECCSEC approval include, but are not limited to, changes in the dates, duration, and location of the event.

G. RESTRICTIONS, REQUIREMENTS AND GUIDELINES

1. Prohibitions
• Inflatable jumpers and slides (including those in which children can crawl inside) are not allowed in City Parks.

Agenda Item #4.3:

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• Mylar balloons are not allowed in City Parks in conjunction with special events.
• The use of plastic drinking straws is not allowed in conjunction with special events occurring on City parks.
• Stakes are not allowed to be inserted into the lawn area unless approved by the Park Supervisor or Special Events Manager. • Driving of motorized vehicles on any of the landscaped areas or sidewalks within City parks or on any bike paths unless it is a specially designed vehicle (e.g. golf cart with turf tires.) is prohibited. A request to use a specially designed vehicle with City Park would need to be approved by the Parks Supervisor during the SEC review process. This does not apply to City staff.
• The intentional release of helium balloons is prohibited. Event Organizers are required to instruct all vendors selling/handling out or utilizing balloons to weigh them down so they are not able to freely fly away.
• All events occurring on City owned property must adhere to the current City ordinances prohibiting some activities in public parks and the Plaza, including and not limited to: smoking/vaping, dogs, bicycles/skateboards etc. For a list of City ordinances, please visit http://www.codepublishing.com/CA/Sonoma/.

2. Public Access to City Facilities During Events
Special Events shall not exclude the public from the general use of any park or public property or charge an entry fee to any City Park or public property during the course of the event. Fees may be charged for event participation.

3. Date and Location Preference
Date and location preference for City facility use is given to longstanding recurring events (definition an event that has utilized the same City venue for 20 consecutive years) and to locally based City or Sonoma Valley organizations benefiting the community on a non-profit basis.

In order to qualify for a preference in conducting a regularly scheduled event, sponsors of recurring events shall submit a letter or email to the Special Events Manager by January 1 of the year in which the event is to take place indicating the date or dates and the location on which the event is expected to take place, being sure to include set-up and takedown dates This letter or email will be used for scheduling purposes only and will not constitute an application as required above.

A “master calendar” will be posted on the SonomaCity.org site prepared by City staff to assist with schedule coordination.

Upon receiving their approvals, all other events shall be placed on the master calendar on a first-come, first-served basis subject to location Agenda Item #4.3:

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availability and adherence to policies limiting the number and frequency and the location of events.

Applicants are encouraged to submit an alternate venue location as a backup, along with the application for the desired venue.

Except for small scale events as defined herein, generally in no case shall two or more special events be scheduled on the same weekend at any given venue. Exceptions to the above rule include:
• Valley of the Moon Artist Association (VOMAA) Annual Art Show and the Native Sons of the Golden West Flag Day Celebration • Sonoma Valley Historic Race Car Festival and Hit the Road Jack • VOMAA 4th of July Art Show and the 4th of July Festival • Celebration of Mexican Independence Day and Plein Air Art Show and Sale
Series of Events (A non-consecutive multiple day event such as concert series or farmer/art markets that have identical event set-up and dismantle times, site plans, and service providers) – A Multiple Day Event permit may be issued at the discretion of the CSEC or the Special Events Manager for events meeting the following criteria: 1) Each event is one in a series of events; 2) The application for the permit is for all of the events (dates); 3) The nature, purpose, location and target audience of each of the events (dates) are the same; and 4) The event is sponsored by a non-profit organization.

4. Minimum Contributions
Not applicable to locally based tax-exempt non-profit organization defined as an organization that qualifies as a tax-exempt non-profit organization and provides community benefit within Sonoma City, Sonoma Valley, or Sonoma County. Proof of tax exempt status must be submitted with application.

Events that are organized by a for-profit organization (defined as a business or other organization whose goal is to return a profit to the owners) shall donate a minimum of 10% of gross revenue or 40% of the net profits (whichever is greater) to one or more locally based nonprofit organizations. Fifty percent of the calculated contribution to local non-profits can be utilized to pay for quid-pro-quo labor/services at the rate of the City’s living wage or higher. The remaining 50% of the calculated contribution needs to be made in the form of a donation. The amount of donation to each specified non-profit beneficiary shall be submitted at the post event review meeting and a denotation of whether the donation was made for services rendered needs to be included.

Conditions of approval of subsequent years’ events may be affected by the organization’s failure to provide the required information regarding the required donation to non-profit beneficiaries, which failure may also constitute grounds for denial of future years’ event permits. A copy of Agenda Item #4.3:

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non-profit IRS form 990 or equivalent shall be required with subsequent year’s Special Event Application submittal.

5. Limitations on the Sale of Wholesale Purchased Arts and Crafts Arts and crafts sold at special events shall not be purchased wholesale and then sold retail at the event.

6. Proof of Insurance
Proof of insurance shall be provided at least one week prior to the commencement of any event. No event shall commence set up or delivery of event supplies, materials, or equipment without required insurance documents submitted and verified by the Special Events Manager to meet all City requirements.

7. Plaza Park Events
For restrictions, requirements and guidelines applicable to events at Plaza Park, see Appendix A.

8. Depot Park Events
For restrictions, requirements and guidelines applicable to events at Depot Park, see Appendix B.

9. Events at All Other Venues
For restrictions, requirements and guidelines applicable to events at any venue other than Historic Plaza and Depot Park, see Appendix C.

10. Unique Events and/or Locations
As determined by the City Manager, event locations or new events that are unique in nature may be referred to the City Council for review and approval.

11. Safety and Security
a. Crowd managers shall be provided by the event organizer for events where more than 1,000 persons congregate. The
minimum number of crowd managers shall be established at a ratio of one crowd manager to every 250 persons, unless a lesser amount is established by the Fire Code Official. The event organizer shall contact the Police Department concerning security related issues and this information shall be provided in the required Public Safety Plan. The City may require
professional security or contracted Police Department services for events where alcoholic beverages will be sold or consumed (with an estimated attendance in excess of 750 persons), or for any event for which the Special Events Manager or Police Chief determines identified public safety concerns warrant security.

All event organizers are responsible for adhering to the Sonoma Valley Fire Districts Outdoor Assembly Events Standards, and it is the event organizers responsibility to ensure all of their Agenda Item #4.3:

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vendors adhere to the SVFD Outdoor Assembly Event
Standards.

Crowd Manager – One or more people who are assigned the responsibility of maintaining safety of attendees during an event, duties include but are not limited to the following:
• Provide a safe environment;
• Be aware of and maintain event safety requirements
required by the Special Events Manager;
• Conduct pre-event inspections to verify that the event safety requirements are in place.
• Use a portable fire extinguisher;
• Guide the crowd in an emergency;
• Identify problem attendees and what to do once they
are identified;
• Coordinate with emergency responders; and,
• If the event requires the use of barricades, crowd
managers need to be available to move in response to
emergencies.
b. The City reserves the right of full access to all activities at any time to insureensure all rules and laws are being observed. The City reserves the right to suspend any individual or group from using City facilities and property without refund if their behavior is determined to be abusive, destructive or in violation of any City rule. without refund. The City reserves the right to cancel any scheduled event.

All special events closing streets, or is estimating that 250 or more people will attend,must submit a Public Safety Plan with their application. The Safety Plan must contain identify who is monitoring the event for safety and what is the action plan is in the event of a minor or major injury or incident.
c. The Fire Department requires that all decorations be fireretardant per Chapter 8 of the California Fire Code and no open flame or pyrotechnics are allowed without written approval from the Sonoma Valley Fire and Rescue Department District (707) 996-2102.
d. Temporary tents and membrane structures having an area in excess of 400 square feet and individual tens (open on all sides) having a maximum size of 700 square feet shall not be erected, operated, or maintained for any purpose without first obtaining a permit, inspection, and approval from the Sonoma Valley Fire and Rescue DepartmentDistrict (707) 996-2102.

Agenda Item #4.3:

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12. Restrooms
Events with attendance of 100 persons must provide pPortable restrooms are sometimes required as a condition of approval of the application, the City utilizes defined in the attached Restroom/Sink Estimator for Special Events unless a lesser amount is established by the Parks Supervisor and or the Special Events Manager, 10% of which must meet ADA specifications. A minimum of one hand washing station is required for every 4 portable restrooms.

13. Solid Waste and Recycling
All event applicants must submit a Waste Minimization Plan, which is a written plan that includes the following components and headings:
a) Waste Minimization Strategy: Statement acknowledging the need for waste minimization and the major steps taken to minimize the generation and
landfilling of waste.
b) Collection Containers: Brief
description of the use, location, and
proper labelling of the sufficient
number of containers to be
provided for each material
(recycling, compost, and trash).
c) Litter Reduction: Brief description
on steps to be taken to ensure that the venue will be returned to a trash- and litter-free condition.
d) Single Use Plastic Reduction: Statement acknowledging and agreeing to the city’s prohibitions of plastic straws, single-use plastic water bottles, and non-recyclable or non-compostable food service ware as described below.
e) Communication Plan: Description of how the event
organizer/sponsor will communicate to attendees encouraging the minimization of waste.
f) Post-Event Material Sorting: Discuss the plan that ensures all event-related materials (trash, recycling, and organics) will be properly sorted and reported at the end of the event.

Waste Minimization Strategy
Waste reduction, reuse, recycling, and composting of organics are good for the environment. These practices reduce greenhouse gases responsible for human-caused climate change. Plastics are especially problematic as they cause litter and can pollute our land, waters, ocean, and our parks.

Reducing waste can save event organizers money. The more waste generated at an event, the more time, money, and resources must be Agenda Item #4.3:

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devoted to collection, transportation, storage, and removal of these materials. Separating recycling and organics are required by city ordinances. Reducing waste from the start increases the amount of time that staff can dedicate toward other important tasks.

In the Waste Minimization Plan, a Waste Minimization Coordinator must be designated for the event to implement the waste management hierarchy during the planning stages, the event, and to ensure the postcollection report is submitted.

To best strategy to minimize waste is to apply the Waste Management Hierarchy as described below:
1) Avoid
2) Reduce
3) Reuse
4) Recycle
5) Compost
Reducing, reusing, recycling, and composting present a positive image to event attendees
who are used to recycling and composting at home and work.

Concept Examples
Avoid
Avoid the use of
certain items as
mandated by city
ordinances
Events and vendors are prohibited by city
ordinance from using single-use plastics as
discussed below.

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Concept Examples
centers, or thrift stores
• Reuse packaging materials (e.g., cardboard
boxes, plastic bags, and plastic containers)
• Cut up old T-shirts that are unsuitable for
donation but can be used as cleaning rags
Recycle
Collecting and
processing materials
to turn them into
new materials
• Use only items that are recycled in the City
of Sonoma as listed below
• All recyclable items must be placed into the
blue-colored containers
Compost
Collecting and
composting organic
waste to create a
helpful soil
amendment
• Use compostable, paper- or fiber-based food
service ware. (Note, compostable bioplastics
containers and utensils are not currently
accepted.)
• Food scraps and cardboard/paper products
contaminated with food or oil must be
placed in the green-colored
organics/composting container
If the event will be offering “swag.” Consider green swag such as:
• Native plants and seed packets
• Reusable tote bags
• Bamboo cutlery kits
• Recycled mugs and tumblers
Containers
In the Waste Minimization Plan you need to describe the proper use and placement of containers. Tips on container use and placement include:
• Consider creating collection stations with multiple containers for each of the three waste types that are highly visible and located in high-traffic areas close to vendor and concession areas and near exits, as attendees are unlikely to go out of their way to recycle if a trash can is more convenient than a recycling container.
• Do not place recycling containers (or compost containers if food is present) without a trash container to prevent contamination with trash.
• Use volunteers as “Recycling Stewards” to staff collection stations to help properly segregate materials and monitor and replace full containers.
• Containers must be color-coded: (i) blue-colored containers for recycling, (ii) green-colored containers for food scraps and Agenda Item #4.3:

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organic materials, and (iii) black- or gray-colored containers for non-recyclable/non-compostable trash.
• Containers must be properly labeled and have signs. Put a label on each side of the container and the top, if space permits. (Downloadable files for proper, bilingual signs and labels are available from the Special Events Manager.)
• Use big banners above the collection stations to make sure the locations can be seen from a distance.
• Designate a “staging area” to store full bags of trash, recyclables, and organics (compost) until they can be removed at the end of your event. Be sure the different materials are clearly marked and/or designated to prevent contamination. • When establishing the collection stations, consider the distance from the “staging areas” or storage areas to keep the distance at a minimum.

Litter Reduction
Preventing litter from occurring will reduce your costs and efforts to return the space back to the required litter-free condition. You will need to state in your Waste Minimization Plan how litter will be prevented or reduced. The following are actions you can employ to prevent and reduce litter:
• Empty or replace full collection containers as soon as possible. • If collection containers have lids, periodically check them to make sure the lids are secure as light-weight materials can be easily picked up and scattered by the wind.
• Have event volunteers conduct periodic sweeps to collect and deposit litter.
• Make regular announcements over the public address system to remind people to put all their waste materials in the proper containers.

Single Use Plastic Reduction
A key requirement of the Waste Minimization Plan is to discuss your compliance with the City’s ordinance, (Chapter 7.30) that bans the use of food service ware that is not recycled or composted in the City as described in the table below:

Category Acceptable Materials/Examples
Recycled Waste
(materials in compliance with City’s ban)
• Plastic marked as #1, #2, or #5
• Aluminum and steel
• Glass
• Cardboard and paper NOT contaminated with food
Agenda Item #4.3:

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The city’s ordinance also prohibits the distribution of to-go condiment packets, plastic cup lids, and plastic cutlery unless the customer requests them. Mylar balloons are also prohibited.

Post-Event Material Sorting
The Waste Minimization Plan also must include the post-event material sorting results. Again, the efforts in post-effort sorting can be reduced if the event focuses on avoid, reduce, reuse, recycle, and compost.

13. Solid Waste and Recycling
All event applicants are required to submit a recycling and solid waste plan. A Solid Waste Recycling Plan is a written plan that achieves the following:
a) Minimizes the production of solid waste;
Composted/Organic Waste
(materials in compliance with City’s ban)
• Food scraps (pre and post-consumer)
• Paper towels and napkins
• Cardboard and paper contaminated with food
Trash/Landfill Waste
(items that are not recycled or composted)
• Plastic marked as #3, #4, #6, and #7
• Bioplastics (cups, utensils, to go containers)
• Plastic cup lids, plastic food wrap, and plastic bags • Plastic utensils
• Condiment packets
• Styrofoam
• Plastic bags, wrap, and film
Agenda Item #4.3:

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b) Provides for convenient recycling containers for event attendees and for event participants/vendors/etc.;
c) Provides for a sufficient number of trash receptacles for nonrecyclable waste; d) Assures that the venue is returned to a trash-free and sanitary condition for use by the general public;
e) Encourage the reduction of the use of single use plastics including single use plastic water bottles;
f) Outlines a post event sorting plan of trash and recycling; and g) Includes a communication plan to attendees encouraging the use of refillable water bottles and other plans for the successful reduction of waste and the elimination of single use plastics.

A key objective of the revisions of the Solid Waste and Recycling section in the Special Events Policy is implementation of a ban of all single use plastics taking affect on March 1, 2019.

Why Conserve Resources?
Waste reduction and recycling are not only good for the environment, but may save money. Recyclables are collected and hauled at reduced cost as compared to garbage rates, therefore reducing the overall waste handling costs. Even with a minimal and simple event recycling program, waste costs can be reduced by 20%.

Minimizing waste also improves the efficiency of an event. The more waste generated at an event, the more time, money and resources must be devoted to collection, transportation, storage and removal of these materials. Reducing waste from the start increases the amount of time that staff can dedicate toward other important projects.

Waste reduction and recycling also help minimize the creation of greenhouse gases. The production, processing and transportation of new materials generate greenhouse gases. By minimizing the purchase of single-use items, there is less demand to manufacture these items and no need to dispose of them.

Why is this important?
A significant amount of waste is sent to landfill is potentially recyclable.

Reducing waste at events and venues can:
• Conserve resources, including energy, water and materials; • Reduce greenhouse gas emissions;
• Reduce/minimize litter;
• Be a positive marketing tool for the event organizers; • Increase the environmental awareness of vendors and patrons; • Create employment in collecting, sorting and reprocessing recyclables; and
• Reduce the overall impact of the event on the environment.

Agenda Item #4.3:

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The Waste
Management
Hierarchy
diagram to
the right
frames the
approach to
managing
and reducing
waste.

Avoid:

Event organizers are encouraged to avoid the use of single use plastics.

Please note the use of Styrofoam and Plastic Drinking Straws are prohibited.

Reduce:

Event organizers can help conserve resources and energy by preventing waste in the first place.
• Reduce unnecessary packaging by buying in bulk or only what is needed.
• Send invites and letters electronically.
• Request electronic versions of printed items.
• Use washable rags, towels, and napkins for cleaning,
instead of disposable napkins and towels.
• Post large, central, easy-to-read display boards or
reusable signs instead of distributing programs.
• Request that vendors use reusable containers instead of disposable items.
• Offer a refillable price for reusable glass wear.
• Serve condiments in bulk rather than in single servings. • Use napkins instead of disposable plates for “finger
foods”
Reuse:

Reuse can significantly reduce the amount of waste going to landfills.

The usefulness of products can be prolonged without having to expend significant money or energy.
• Donate floral arrangements and decorations to schools, hospitals, women’s shelters or group homes.
• Reuse plastic packaging materials.
• Cut up old T-shirts that are unsuitable for donation, but can be used as cleaning rags.

Recycle:

Agenda Item #4.3:

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Reincorporating materials into the manufacturing process, instead of taking them to landfill; and decreasing the use of virgin materials, which require more energy and resources to process.
• Large-scale events are required to have a recycling/sorting plan and use a professional or trained sorter for their event, subject to review and approval of the Special Events Manager.
• Cardboard boxes must be flattened prior to recycling in order to not take up precious dumpster space;
• Recycle beverage and food containers and steel cans, if possible.
• Landscape waste and other organics should be placed in curbside yard waste composting bin.
• Start a composting collection program if food and organic waste are generated on site.
• Use compostable food service ware and include it with food scraps, if collection service is available.

14. Sales and Distribution of Food, Beverages, or Merchandise Any person or organization, including a non-profit organization, who is selling food or merchandise at a special event, must obtain a City of Sonoma Business License, as provided in Title 5 of the Sonoma Municipal Code. Please call the City of Sonoma Finance Department at (707) 938-3681 for more information.
• Sponsoring organizations are required to cooperate with the City in assuring compliance with the City’s Business License requirements, for example, by providing lists of vendors and exhibitors 30 days in advance of the event to the Special Events Manager.
• Sponsoring organizations shall cooperate with the City in programs to assure that all taxable retail sales occurring at events are reported as taking place within the City.
• Events that are sponsored by a for-profit organization must comply with the City of Sonoma policy regulating Food and Beverage Ticket Sales.
• Each participating food vendor shall obtain a City of Sonoma Business License. Each vendor shall post their business license in a readily visible location at or upon the vending station. • Each participating food vendor shall obtain a Sonoma County Health Department Permit to Operate. Each vendor shall post an SB180 “public right to know” sign in a readily visible location at or upon the vending station.
• Food vendors shall comply with the County of Sonoma,
Department of Health Services, Environmental Health & Safety Section temporary food facilities requirements and procedures.

15. Sales and Serving of Alcoholic Beverages
Any special event taking place on City owned property that serves alcohol is required to complete a Possession and Consumption of Alcoholic Beverages on City Owned Property Permit. The Event Agenda Item #4.3:

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Organizer will be responsible to secure the proper Alcoholic Beverage Control (ABC) license and abide by all rules and conditions of the license.

Any event that requires the Department of Alcoholic Beverage Control to issue an ABC license and anticipates at least 200 attendees shall be required to have at least one staff member properly trained to serve alcohol in a safe and responsible manner. For the purposes of this requirement, the staff member must successfully complete the Sonoma County Dept of Health Services' Responsible Beverage Service Training for special events or any other training class approved by the California Department of Alcoholic Beverage Control. The applicant shall provide a current certificate of completion by the person responsible for taking the Responsible Training Service Training course along with the alcohol permit application. In addition, the event organizer shall indicate in the event narrative how other event staff members will be trained.

H. FEES AND COSTS
The City Council shall from time to time by resolution as it deems necessary and appropriate provide for and set all rates, charges and fees for special event permit applications, use of, or impact to, City facilities and other costs related to special events.

The City has approved a number of community and heritage events as part of its Recreation and Community Service Program and has approved fee waivers. All events included in this program are still required to abide by the Special Event Policies outlined in this document. Please note the list of Special Events included in this program can change and to refer to the City of Sonoma’s annual budget for an annual list of events included.

I. RIGHTS OF APPEAL
Any decision of the CSEC SEC or the Special Events Manager regarding a Special Event application may be appealed to the City Council. Appeals must be filed with the City Clerk within fifteen (15) calendar days following the CSEC or Special Event Coordinator Manager decision, unless the fifteenth day falls on a weekend or a holiday, in which case the appeal period ends at the close of the next working day at City Hall.

Appeals must be made in writing and must clearly state the reason for the appeal. Appeals will be set for hearing before the City Council on the earliest available agenda. A fee is charged for appeals J. DEFINITIONS
For the purpose of this Policy, the following definitions shall apply:

Application Processing Fee – Charges for staff time and expenses for processing special event permit applications. Application fees are established by the City Council by resolution.

Agenda Item #4.3:

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City Property – Any City street, sidewalk, parking lot, park, plaza, or any other property owned or controlled by the City.

Event – Includes special event.

Event Organizer – Any person or organization that conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or noncommercial special event.

Goods – Includes goods, wares, personal property, merchandise or any other similar item which is generally sold.

Gross Revenue – The sum of all cash received by an event organizer for a special event, including, but not limited to, admission charges, sale of event promotional items, charges to exhibitors or vendors for booth or display space, licensing, sponsorships, television, advertising, sale of goods, donations at the event and similar revenues and concessions Locally Based Tax-exempt Non-profit Organization—An organization that qualifies as a tax-exempt non-profit organization and provides community benefit within Sonoma City, Sonoma Valley, or Sonoma County. Proof of tax exempt status must be submitted with application.

Net Profit – The sum of all cash remaining after assets have been sold and related expenses have been paid.

Public Facility – Any property located within the Sonoma City limits and owned by the City of Sonoma or by any other governmental agency, such as the Sonoma Valley Unified School District, California State Parks or Sonoma County.

Sidewalk – That portion of a highway or street, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

Special Event Permit - A permit issued under this Resolution.

Special Event Venue - That area for which a special event permit has been issued.

Street – A way or place of whatever nature publicly maintained and open to use of the public for purposes of vehicular travel. Street includes Highway 12.

Vendor – any person who sells or offers to sell any goods, food, beverages, or services within a special event venue.

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CITY OF SONOMA

SPECIAL EVENTS POLICY

APPENDIX A

PLAZA PARK

RESTRICTIONS, REQUIREMENTS AND GUIDELINES
The following restriction, requirements and guidelines apply to all special events conducted at the Plaza Park.

1. Limitations on the number and frequency of events and on event activities
a. Events exceeding eight hours in duration (including set-up and take-down time) shall not be scheduled in the Plaza Park on successive weekends between June 1 and October 1 of any given year.
b. With the approval of the CSEC, exceptions may be granted to the following longstanding heritage and community recurring special events: Hit the Road Jack, Flag Day Celebration, Fourth of July Celebration, the Valley of the Moon Vintage Festival and the Celebration of Mexican Independence Day.
c. The Plaza Horseshoe Lawn shall not be available for active use, such as, but not limited to, tents, booths, umbrellas, tables, signs etc. during special events. This restriction is intended to allow an unobstructed view of City Hall a National Historic Landmark and to minimize damage to the lawn. With the approval of the City Manager CSEC, an exception may be granted for limited active use of the Plaza Horseshoe Lawn.
d. Finish line delineation demarcations in the Plaza Horseshoe area taller than ten14 feet in height shall be prohibited unless specifically approved by the CSEC. Finish line delineation demarcations shall comply with the California Fire Code and provide a minimum clearance of 14 feet.
e. No tents (greater than 100 square feet in area and a maximum height of 10 feet) or structures (including inflatables) shall be placed in the horseshoe area unless specifically approved by the CSECSpecial Events Manager, all items placed in the horseshoe must appear on the site plan and be approved in advance of the event.

Sonoma Valley Fire District has the authority to restrict use of the horseshoe to allow for emergency vehicle access, please refer to Agenda Item #4.3:

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Appendix A , and provides four options for use of the front horseshoe.
f. In order to minimize compaction and damage to the Plaza landscape during the wet season, Special Events shall be restricted to paved areas of the Plaza from and including November through April. Small scale events, as defined in this policy, may be allowed to use lawn area during the wet season.
g. The number of Special Events held in the Plaza Park is limited to twenty-five events per calendar year; this number does not include private events. The Jazz Society Summer Music Series held on Farmers’ Market nights and the Farmers’ Market events shall be counted as one event.

2. Hours of Operation
a. Special Events shall be limited to the following hours of operation, unless specifically approved by the e CSEC SEC and the City Manager:
• Monday through Thursday 5 p.m. to 7:30 a.m.
• Friday through Sunday, events may begin set up at 5 p.m. on Friday. Event cleanup shall be completed by 7:30 a.m.

Monday morning.

3. Restroom Facilities
All events utilizing public restrooms shall be required to provide restroom monitors to ensure that no vandalism occurs during the course of the event and those restrooms are vacated, locked, cleaned, and resupplied at the close of the event. Event Organizer shall be responsible for cleaning and supplying restrooms. Restrooms shall be monitored and cleaned (if necessary) at least once per hour during the event.

4. Noise
Amplified music shall not begin prior to 7 a.m. and normally cease no later than 10:00 p.m.; however, the CSEC shall have the authority to extend the time through the application review process if circumstances warrant an extension.

5. Event Banner
With approval of the CSEC or Special Events Manager, a banner may be displayed on the historic directory sign located on the southeast portion of the Plaza.

Banner Design and Fabrication Guidelines
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• Banner schematic to be submitted and reviewed along with event application.
• The banner is to be sized compatible with the Historic Directory Sign policy.
• The banner is to be fabricated using marine acrylic, canvas, or other environmentally-friendly material.
• The banner may be displayed beginning the Monday prior to the event and must be removed the last day of the event.

Banner installation shall be completed by City staff.

6. Food Vendors
Barbeques shall not be located adjacent to the City Hall building in an attempt to prohibit smoke fumes from entering the building and grease from damaging the exterior stone of the building.

A barrier is required under all cooking devices including barbeques and fryers to protect the ground from spills.

7. Reserved Street Parking
Event applicants may request reserved on-street parking in conjunction with a Plaza event with the submittal of a Permit Application for Reserved Street Parking and shall be consistent with the applicable fee schedule. The CSEC or Special Events Manager and Streets Supervisor shall make a recommendation to the City Managerthe Streets Supervisor as to the maximum number of parking spaces to be reserved for the event, this information will be outlined in the conditions of approval and in the signed/approved Parking permit.

8. Other Conditions
As determined by the City Manager, new events that are unique in nature may be subject to City Council approval.

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APPENDIX B

DEPOT PARK

RESTRICTIONS, REQUIREMENTS AND GUIDELINES
The following restriction, requirements and guidelines apply to all special events conducted at Depot Park.

1. Limitations on the number and frequency of events and on event activities
a. Events exceeding eight hours in duration (including setup and take-down time) shall not be scheduled in the Depot Park on successive weekends between June 1 and October 1 of any given year.
b. In order to minimize compaction and damage to the
Depot Park landscape during the wet season, Special Events shall be restricted to paved areas of the Depot Park from and including November through April. Small scale events, as defined in this policy, may be allowed to use lawn area during the wet season.
c. The number of Special Events held in the Depot Park is limited to twenty-five events per year.

2. Signage
A banner advertising the event will be allowed in the Depot Park only with the approval of the CSEC. Banners shall not exceed twelve square feet, nor shall they be displayed for longer than the duration of the event; allowable display time commencing with the first day of the event. Appearance and content of the banner are subject to CSEC or the Special Events Manager review and approval. Methods of supporting the banner and location in the Depot Park are subject to review and approval by the Parks Supervisor.

3. Restroom Facilities
All events utilizing public restrooms shall be required to provide restroom monitors to ensure that no vandalism occurs during the course of the event and those restrooms are vacated, locked, cleaned, and resupplied at the close of the event. Event Sponsors shall be responsible for cleaning and supplying restrooms. Restrooms shall be monitored and cleaned (if necessary) at least once per hour during the event.

4. Noise
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For permitted events aAmplified music shall not begin prior to 8 a.m. and cease no later than 10:00 p.m.; however, the CSEC shall have the authority to extend the time through the application review process if circumstances warrant an extension.

5. Other Conditions
As determined by the City Manager, new events that are unique in nature may be subject to City Council approval.

APPENDIX C

ALL VENUES OTHER THAN PLAZA PARK AND DEPOT PARK

RESTRICTIONS, REQUIREMENTS AND GUIDELINES
The following restriction, requirements and guidelines apply to special events conducted at venues other than Plaza Park and Depot Park

1. Restroom Facilities
All events utilizing public restrooms shall be required to provide restroom monitors to ensure that no vandalism occurs during the course of the event and those restrooms are vacated, locked, cleaned, and resupplied at the close of the event. Event Sponsors shall be responsible for cleaning and supplying restrooms. Restrooms shall be monitored and cleaned (if necessary) at least once per hour during the event.

2. Noise
Amplified music shall comply with the Noise Ordinance consistent with the Residential Power Equipment restrictions; however, the CSEC shall have the authority to extend the time through the application review process if circumstances warrant an extension.

3. Duration and Hours of Operation
Hours of operation shall be established by the permitting authority based on the nature of the event and the nature of impacts on neighboring properties.

4. Other Conditions
a. Other restrictions, requirements and guidelines for
events at City venues other than Plaza and Depot Parks may be developed on a case by case basis during the application review to address specific impact or issues at such venues.
b. Recommended conditions are identified through the
SEC review process; and the review process will follow the review process set forth in this policy for other venues i.e. Plaza and Depot Park.

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c. As determined by the City Manager, event locations or new events that are unique in nature may be subject to City Council approval.

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EXHIBIT A – EXAMPLES OF TYPICAL CONIDITIONS PLACED ON SPECIAL EVENTS
Park Supervisor
• Barbeques and fryers cannot be located adjacent to City Hall, they need to be placed a minimum of 20’ from the
building. This will minimize staining/damage to the façade of City Hall.
• Bathrooms need to be monitored every 30 minutes during an event and left clean and restocked post event.

Police Department
• Obtain necessary alcohol permits and abide by the
conditions of Operation of the ABC Daily License.
• Must have sufficiently trained staff to monitor alcohol consumption and sales Must provide sufficient number of parade monitors. (The number of crowd monitors is
determined and communicated to the event organizer as
part of the listed conditions)
• Must obtain private security company and set aside
sufficient amount of time for training.

Fire Department
• One extinguisher is required for every 75’ of non-food vendors or every 7 vendor spaces.
• Each food vendor is required to have the appropriate fire extinguishers for each of the cooking mediums (propane, charcoal).
• Tents greater than 400 square feet require a separate permit/inspection.
• Keep horseshoe access clear of structures that impede on the Emergency Vehicle access (EVA). EVA is based on the dimensional needs of the jurisdictions vehicles. 20 feet is required around the entire horseshoe. Turns in the
horseshoe for fire engines require a 32-foot radius.
• Provide personnel to move barricades in case of an
emergency.
• Crowd Managers are required for this event the organizer is required to have 1 crowd monitor for every 250 attendees. (Fire Code 1/250 and City of Sonoma Special Events Policy) o Be aware of and maintain event safety
requirements required by the Special Events
Manager
o Conduct pre-event inspections to verify that the
event safety requirements are in place.
o Use a portable fire extinguisher.
o Guide the crowd in an emergency.

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o Identify problem attendees and what to do once
they are identified.
o Coordinate with emergency responders.
• Ensure all vendors are aware of the City of Sonoma Special Events Standards (see attached) and adhere to them
• Food Truck Certifications are required if they are utilized as part of the event.

Special Events Manager
• The organizer will keep all sidewalks within the Plaza clear of chairs and tables and keep the crowds moving. Crowd
Managers need to be assigned to this task.
• Utilizing the Vendor list worksheet that is part of the Event Budget template provide the list of vendors to Special
Events Manager a month prior to the event. For all Food Vendors include the cooking mediums used onsite.
• All vendors are required to have a city of Sonoma business license.

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CITY OF SONOMA

SPECIAL EVENTS POLICY
Adopted by the City Council on 9/5/2018
A. PURPOSE
The purpose of this policy is to set rules and processes that will guide the Special Events Committee (SEC), the Special Events Manager and City Manager in seeking an appropriate balance between the benefits of organized events and their associated impacts on the community.

The Special Events Manager position is assigned by the City Manager to carry out the duties and responsibilities set forth in this policy.

The Special Events Committee is comprised of the City’s Fire Marshal, Police Chief or a designated Sergeant, City’s Parks Supervisor, City’s Street Supervisor, and the Special Events Manager.

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D. DEFINITION OF A SPECIAL EVENT AND TYPES OF SPECIAL
EVENTS
Special Event – An activity on public property open to the general public, with or without and admission charge. Special Events include the following items.
• Any organized formation, parade, procession, or assembly of persons, which may or may not include animals, vehicles or any combination thereof which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls.
• Any organized assemblage of persons at any park or facility, owned by the City or by any other governmental agency,
such as the Sonoma Valley Unified School District, California State Parks or Sonoma County, which is to gather for a
common purpose under the direction and control of a
person. (Special events sponsored by, and, held on the
property owned by other governmental agencies including, but not limited to the Sonoma Valley Unified School District, Sonoma County, and the State of California Department of Parks and Recreation, are not required to obtain Special Events Permits from the City. Such agencies are
encouraged to consult with the Special Events Manager
during the planning stages of such events to address
community impacts such as traffic, parking, noise, security, etc.)
• Any other organized activity conducted by a sponsoring organization or person for a common or collective use,
purpose or benefit which involves the use of, or has an impact on, City property or facilities and the provisions of City services in response thereto.

For the purpose of this policy, special events are distinguished from the following:
• Private events which may be authorized on public property, but which are not open to the general public
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o Private event organizers cannot invite/ or contract with commercial vendors to provide services on public
property without the City’s permission
• Recurring program activities on public property, conducted by the City or by a lessee of City property, where the activity is specifically authorized by use permit and/or by the terms of the property lease or contract; and
• Events on private property.

For the purpose of processing applications, the City organize events into two categories: small-scale events and large-scale events.

Small-scale Event – An event that, in the judgment of the Special Events Manager, meets all three following
requirements: 1) requires less than four hours of total staff time for pre-event preparation and/or post-event rehabilitation of the event venue; 2) makes use of no more than one section of the Plaza; and 3) does not exceed eight hours in duration (including time required for set-up and take down).

Large-scale Event -- An event that, in the judgment of the Special Events Manager, meets one or more of the following three requirements: 1) requires more than four hours of total staff time for pre-event preparation and/or post-event
rehabilitation of the event venue; 2) makes use of more than one section of the Plaza; and 3) exceeds eight hours in duration (including time required for set-up and take down.

E. SPECIAL EVENT APPLICATION PROCESS
Every special event held on property or in a facility owned, leased, or otherwise controlled by the City of Sonoma requires a Special Event Permit.

For all large-scale events, complete applications must be submitted at least 60 days prior to the event.

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Note: A special event shall not be advertised until the application has been approved by the Special Events Manager, or City Council as required.
• A complete application must include the following:
o Special Event Application Form with required
attachments.
• Event Narrative: A description of the event, a
description of core objectives the organizer
wants to achieve by organizing the event,
including partnerships, sponsorship
documentation, marketing plan, attendance
breakdown, and a description of method of
support for all proposed fencing. (Note:
staking or fencing to delineate activity areas is
discouraged).
• Event Timeline: Event timeline should include
the following but not limited to, event move-in
schedule, vendor set-up times, alcohol served
(start and end time), food service times,
transportation schedules, band set-up,
performance times, move-out times.
• Payment of all required application fees, rental fees, costs and damage deposits. New events that are unique in
nature will be evaluated on a case-by-case basis and may be subject to City Council approval. All costs associated with efforts required of City forces to review the Special Event Permit application and provide comments related to event needs and City impact shall be the responsibility of the applicant.
▪ Rental Fee -- Rental Fee is a fixed amount for
the rental of all or a portion of a venue, based
on the length of the event; where applicable a
maintenance fee for facility
rehabilitation/maintenance is included with the
rental fee. Rental fees are established by the
City Council by resolution.
▪ Application Fee -- A Series of Events will be
subject to one event application fee.

Depending on the intensity of the proposed use
the Special Events Manager will determine
whether the application fee is that of a smallscale event or a large-scale event. All other fees will be applicable for each day of use. (For
instance, a music series of five separate events
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will be required to pay one application fee and
five daily use fees (rent, maintenance, security
deposit, etc.).
▪ Direct City Costs -- Costs associated with efforts
required of City forces to provide traffic control,
parking restrictions, special barricading,
emergency medical services, on-site monitoring
of events or other special event needs shall be
the responsibility of the applicant and shall
include all costs incurred by the City, including
actual time, material and equipment costs.
• A cost estimate will be provided
subsequent to staff review of the
application. A deposit for estimated
costs shall be provided prior to the
application being approved. Payments
and deposits for Police services must be
arranged through the Sonoma Police
Department through the Sonoma
County Sheriff’s Department.
o Special Events Budget If the event includes an
admission charge, sale of event promotional items such
as, but not limited to clothing and souvenirs, charges to exhibitors or vendors for booth or display space,
sponsorship involving cash donations to the sponsoring
organization, on-site solicitation of donations or any
other cash income, an event is required to complete the event budget template showing estimated income by
source, estimated direct event production expenditures
(including, but not limited to, the costs of goods to be sold) and a letter identifying the planned
beneficiary(ies) of any excess of income over
expenditures.

For Profit Events -- Events that are organized by forprofit entities are required to complete the event budget template. The budget template allows the
City to calculate the dollar amount of the
contribution required to be paid to local non-profits
as part of this policy document.
o Public Safety Plan – A plan that address such items as emergency vehicle ingress and egress, fire protection,
emergency egress or escape routes, emergency medical
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services, public assembly areas and the directing of
both attendees and vehicles (including the parking of
vehicles), vendor and food concession distribution, and the need for the presence of law enforcement, and fire
and emergency medical services personnel at the event.
o Site Plan:
▪ Indicate the number and location of all
proposed food vendors (including food trucks)
barbeques, and generators (if proposed). The
number of food venders allowed shall be at the
discretion of the Special Events Manager.
▪ Indicate the number and location of any and all
tent structures including the sizes.
▪ Indicate type, layout, and method of support
for all proposed fencing (Note: staking or
fencing to delineate activity areas is
discouraged).
▪ Indicate type and layout of all proposed
furniture (i.e. tables and chairs).
o Additional Special Forms / Requirements
▪ Street Use Permit -- Special Events
proposing encroachments on the State
Highway 12 or the closure of City streets
must obtain the appropriate permits as set
forth in Chapter 12.20 of the Sonoma
Municipal Code. Reservation of Public
Parking – Special Events requesting the
reservation of public parking are required to
complete the Reservation of Public Parking
Permit.

F. APPLICATION PERMIT PROCESS

1. Permit Initial Review
In making determinations about approval or conditions of a special event permit, the SEC, the Special Events Manager and/or City Manager shall consider and make findings regarding the following factors:
• Does the application conform to all general and site-specific restrictions, requirements and guidelines as set forth in this Policy and in the Appendices hereto?
• In the case of a recurring event, to what level did prior events adhere to all general and site-specific restrictions,
requirements, and guidelines and to specific conditions of approval, as indicated in post-event reports prepared by staff. • What are the nature and magnitude of the community benefits that are anticipated for this event, and, for recurring events, Agenda Item #4.3:

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what was the magnitude of community benefits, including the value of donations to non-profit beneficiaries, realized by prior events?
• What are the nature and magnitude of the community costs and impacts that are anticipated for this event, and, for recurring events, what was the magnitude of community costs and impacts that were experienced in prior events?

SEC review will be scheduled on an as-needed basis by the Special Events Manager. SEC review results in recommended conditions of approval to be considered by the Special Events Manager and or City Manager.

Utilizing the City’s Special Events Calendar, staff will provide the community with event descriptions (provided by the event organizer), and any notifications of pending street closures associated with the event.

The Event Budget report shall be prepared in accordance with Generally Accepted Accounting Principles and includes a simple budget to actual analysis and detail of any overhead expense line that exceeds 10% of gross receipts. City staff shall provide completed post event evaluation for review and discussion at the post event review. Payment of all post event invoices, charges, fees or penalties must be received within sixty days of the post event review. Proof of receipt of funds from the beneficiary(ies) of the event is required to be submitted for all events organized by a for-profit entity.

The Community and City Council Members are encouraged to provide observations and event feedback via an online form on the City of Agenda Item #4.3:

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Sonoma’s website. When the form is submitted the Special Events Manager will be notified. This will allow members of City Council and the community to provide feedback individually to City staff about an event. This feedback would be captured in a comprehensive post event report that would be included in the event file and sent to the event organizer for their review. If there are no significant issues/concerns that are raised than those events will continue to be administratively reviewed by the SEC and Special Events Manager. If significant issues or concerns are raised during in the Post Event Report, then a large-scale event would be scheduled for review by the City Manager, at which time the City Manager might make the recommendation to bring the event approval process to City Council’s attention.

5. Modification of Approved Permit
Once an application is approved, no event shall be modified without prior approval of the Special Events Manager. The Special Events Manager is authorized to approve minor modifications to events.

Modifications that require SEC approval include, but are not limited to, changes in the dates, duration, and location of the event.

G. RESTRICTIONS, REQUIREMENTS AND GUIDELINES

1. Prohibitions
• Inflatable jumpers and slides (including those in which children can crawl inside) are not allowed in City Parks.
• Mylar balloons are not allowed in City Parks in conjunction with special events.
• The use of plastic drinking straws is not allowed in conjunction with special events occurring on City parks.
• Stakes are not allowed to be inserted into the lawn area unless approved by the Park Supervisor or Special Events Manager. • Driving of motorized vehicles on any of the landscaped areas or sidewalks within City parks or on any bike paths unless it is a specially designed vehicle (e.g. golf cart with turf tires.) is prohibited. A request to use a specially designed vehicle with City Park would need to be approved by the Parks Supervisor during the SEC review process. This does not apply to City staff.
• The intentional release of helium balloons is prohibited. Event Organizers are required to instruct all vendors selling/handling out or utilizing balloons to weigh them down, so they are not able to freely fly away.

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• All events occurring on City owned property must adhere to the current City ordinances prohibiting some activities in public parks and the Plaza, including and not limited to smoking/vaping, dogs, bicycles/skateboards etc. For a list of City ordinances, please visit http://www.codepublishing.com/CA/Sonoma/.

A “master calendar” will be posted on the SonomaCity.org site prepared by City staff to assist with schedule coordination.

Upon receiving their approvals, all other events shall be placed on the master calendar on a first-come, first-served basis subject to location availability and adherence to policies limiting the number and frequency and the location of events.

Applicants are encouraged to submit an alternate venue location as a backup, along with the application for the desired venue.

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Event permit may be issued at the discretion of the SEC or the Special Events Manager for events meeting the following criteria: 1) Each event is one in a series of events; 2) The application for the permit is for all of the events (dates); 3) The nature, purpose, location and target audience of each of the events (dates) are the same; and 4) The event is sponsored by a non-profit organization.

5. Limitations on the Sale of Wholesale Purchased Arts and Crafts Arts and crafts sold at special events shall not be purchased wholesale and then sold retail at the event.

7. Plaza Park Events
For restrictions, requirements, and guidelines applicable to events at Plaza Park, see Appendix A.

8. Depot Park Events
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For restrictions, requirements, and guidelines applicable to events at Depot Park, see Appendix B.

9. Events at All Other Venues
For restrictions, requirements, and guidelines applicable to events at any venue other than Historic Plaza and Depot Park, see Appendix C.

10. Unique Events and/or Locations
As determined by the City Manager, event locations or new events that are unique in nature may be referred to the City Council for review and approval.

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b. The City reserves the right of full access to all activities at any time to ensure all rules and laws are being observed. The City reserves the right to suspend any individual or group from using City facilities and property without refund if their behavior is determined to be abusive, destructive or in violation of any City rule. The City reserves the right to cancel any scheduled event.

All special events closing streets, or is estimating that 250 or more people will attend, must submit a Public Safety Plan with their application. The Safety Plan must identify who is monitoring the event for safety and what action plan is in the event of a minor or major injury or incident.
c. The Fire Department requires that all decorations be fireretardant per Chapter 8 of the California Fire Code and no open flame or pyrotechnics are allowed without written approval from the Sonoma Valley Fire District (707) 996-2102.
d. Temporary tents and membrane structures having an area in excess of 400 square feet and individual tens (open on all sides) having a maximum size of 700 square feet shall not be erected, operated, or maintained for any purpose without first obtaining a permit, inspection, and approval from the Sonoma Valley Fire District (707) 996-2102.

12. Restrooms Portable restrooms are sometimes required as a condition of approval of the application, the City utilizes the attached Restroom/Sink Estimator for Special Events unless a lesser amount is established by the Parks Supervisor and or the Special Events Manager, 10% of which must meet ADA specifications. A minimum of one hand washing station is required for every 4 portable restrooms.

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c) Litter Reduction: Brief description on steps to be taken to ensure that the venue will be returned to a trash- and litter-free condition.
d) Single Use Plastic Reduction: Statement acknowledging and agreeing to the city’s prohibitions of plastic straws, single-use plastic water bottles, and non-recyclable or non-compostable food service ware as described below.
e) Communication Plan: Description of how the event
organizer/sponsor will communicate to attendees encouraging the minimization of waste.
f) Post-Event Material Sorting: Discuss the plan that ensures all event-related materials (trash, recycling, and organics) will be properly sorted and reported at the end of the event.

Reducing waste can save event organizers money. The more waste generated at an event, the more time, money, and resources must be devoted to collection, transportation, storage, and removal of these materials. Separating recycling and organics are required by city ordinances. Reducing waste from the start increases the amount of time that staff can dedicate toward other important tasks.

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Concept Examples
Avoid
Avoid the use of
certain items as
mandated by city
ordinances
Events and vendors are prohibited by city
ordinance from using single-use plastics as
discussed below.

Reduce
Prevent the
generation of waste
in the first place
• Use reusable containers instead of
disposable items
• Offer a refillable discount for reusable glass
wear
• Use QR codes instead of paper event
programs and menus
• Reduce unnecessary packaging by buying in
bulk.
• Send invites & letters electronically.
• Use washable rags and towels for cleaning,
instead of disposable napkins and towels.
• Serve condiments in bulk rather than in
single servings.
• Use napkins for “handheld foods” such as
hotdogs and burritos
Reuse
Using an item or
material multiple
times
• Obtain event-related items from area thrift
stores
• Donate stage materials, props, decorations,
and t-shirts to nearby schools, community
centers, or thrift stores
• Reuse packaging materials (e.g., cardboard
boxes, plastic bags, and plastic containers)
• Cut up old T-shirts that are unsuitable for
donation but can be used as cleaning rags
Recycle
Collecting and
processing materials
to turn them into
new materials
• Use only items that are recycled in the City
of Sonoma as listed below
• All recyclable items must be placed into the
blue-colored containers
Compost
Collecting and
composting organic
waste to create a
helpful soil
amendment
• Use compostable, paper- or fiber-based food
service ware. (Note, compostable bioplastics
containers and utensils are not currently
accepted.)
• Food scraps and cardboard/paper products
contaminated with food or oil must be
placed in the green-colored
organics/composting container
If the event will be offering “swag.” Consider green swag such as:
• Native plants and seed packets
• Reusable tote bags
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• Bamboo cutlery kits
• Recycled mugs and tumblers
Containers
In the Waste Minimization Plan you need to describe the proper use and placement of containers. Tips on container use and placement include:
• Consider creating collection stations with multiple containers for each of the three waste types that are highly visible and located in high-traffic areas close to vendor and concession areas and near exits, as attendees are unlikely to go out of their way to recycle if a trash can is more convenient than a recycling container.
• Do not place recycling containers (or compost containers if food is present) without a trash container to prevent contamination with trash.
• Use volunteers as “Recycling Stewards” to staff collection stations to help properly segregate materials and monitor and replace full containers.
• Containers must be color-coded: (i) blue-colored containers for recycling, (ii) green-colored containers for food scraps and organic materials, and (iii) black- or gray-colored containers for non-recyclable/non-compostable trash.
• Containers must be properly labeled and have signs. Put a label on each side of the container and the top, if space permits. (Downloadable files for proper, bilingual signs and labels are available from the Special Events Manager.)
• Use big banners above the collection stations to make sure the locations can be seen from a distance.
• Designate a “staging area” to store full bags of trash, recyclables, and organics (compost) until they can be removed at the end of your event. Be sure the different materials are clearly marked and/or designated to prevent contamination. • When establishing the collection stations, consider the distance from the “staging areas” or storage areas to keep the distance at a minimum.

Agenda Item #4.3:

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• If collection containers have lids, periodically check them to make sure the lids are secure as light-weight materials can be easily picked up and scattered by the wind.
• Have event volunteers conduct periodic sweeps to collect and deposit litter.
• Make regular announcements over the public address system to remind people to put all their waste materials in the proper containers.

The city’s ordinance also prohibits the distribution of to-go condiment packets, plastic cup lids, and plastic cutlery unless the customer requests them. Mylar balloons are also prohibited.

Communication Plan
In this section of the Waste Minimization Plan, describe how the event organizer/sponsor will encourage the use of refillable water bottles, eliminate the use of single use plastics, and properly recycle and separate organics into their proper containers. Communication could include:
• Announcements, flyers, advertisements, event program, and public service announcements will note that the event will be a “green event”
Category Acceptable Materials/Examples
Recycled Waste
(materials in compliance with City’s ban)
• Plastic marked as #1, #2, or #5
• Aluminum and steel
• Glass
• Cardboard and paper NOT contaminated with food
Composted/Organic Waste
(materials in compliance with City’s ban)
• Food scraps (pre and post-consumer)
• Paper towels and napkins
• Cardboard and paper contaminated with food
Trash/Landfill Waste
(items that are not recycled or composted)
• Plastic marked as #3, #4, #6, and #7
• Bioplastics (cups, utensils, to go containers)
• Plastic cup lids, plastic food wrap, and plastic bags • Plastic utensils
• Condiment packets
• Styrofoam
• Plastic bags, wrap, and film
Agenda Item #4.3:

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• Posting signs at each food/beverage stand reminding customers to recycle and compost
• Instead of post large, central, easy-to-read display boards or reusable signs.
• Note the location of the refillable water bottle filling station on the Plaza
• Reminders such as live stage announcements to help reinforce the recycling and composting message.

Page 64 of 154 ends

Organizer will be responsible to secure the proper Alcoholic Beverage Control (ABC) license and abide by all rules and conditions of the license.

Any event that requires the Department of Alcoholic Beverage Control to issue an ABC license and anticipates at least 200 attendees shall be required to have at least one staff member properly trained to serve alcohol in a safe and responsible manner. For the purposes of this requirement, the staff member must successfully complete the Sonoma County Dept of Health Services' Responsible Beverage Service Training for special events, or any other training class approved by the California Department of Alcoholic Beverage Control. The applicant shall provide a current certificate of completion by the person responsible for taking the Responsible Training Service Training course along with the alcohol permit application. In addition, the event organizer shall indicate in the event narrative how other event staff members will be trained.

I. RIGHTS OF APPEAL
Any decision of the SEC or the Special Events Manager regarding a Special Event application may be appealed to the City Council. Appeals must be filed with the City Clerk within fifteen (15) calendar days following the SEC or Special Event Manager decision, unless the fifteenth day falls on a weekend or a holiday, in which case the appeal period ends at the close of the next working day at City Hall. Appeals must be made in writing and must clearly state the reason for the appeal. Appeals will be set for hearing before the City Council on the earliest available agenda. A fee is charged for appeals J. DEFINITIONS
For the purpose of this Policy, the following definitions shall apply:

Application Processing Fee – Charges for staff time and expenses for processing special event permit applications. Application fees are established by the City Council by resolution.

Agenda Item #4.3:

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City Property – Any City Street, sidewalk, parking lot, park, plaza, or any other property owned or controlled by the City.

Event – Includes special event.

Event Organizer – Any person or organization that conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or noncommercial special event.

Goods – Includes goods, wares, personal property, merchandise, or any other similar item which is generally sold.

Net Profit – The sum of all cash remaining after assets have been sold and related expenses have been paid.

Sidewalk – That portion of a highway or street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

Special Event Permit - A permit issued under this Resolution.

Special Event Venue - That area for which a special event permit has been issued.

Street – A way or place of whatever nature publicly maintained and open to use of the public for purposes of vehicular travel. Street includes Highway 12.

Vendor – any person who sells or offers to sell any goods, food, beverages, or services within a special event venue.

Agenda Item #4.3:

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CITY OF SONOMA

SPECIAL EVENTS POLICY

APPENDIX A

PLAZA PARK

RESTRICTIONS, REQUIREMENTS AND GUIDELINES
The following restriction, requirements and guidelines apply to all special events conducted at the Plaza Park.

1. Limitations on the number and frequency of events and on event activities
a. Events exceeding eight hours in duration (including set-up and take-down time) shall not be scheduled in the Plaza Park on successive weekends between June 1 and October 1 of any given year.
b. With the approval of the SEC, exceptions may be granted to the following longstanding heritage and community recurring special events: Hit the Road Jack, Flag Day Celebration, Fourth of July Celebration, the Valley of the Moon Vintage Festival and the Celebration of Mexican Independence Day.
c. The Plaza Horseshoe Lawn shall not be available for active use, such as, but not limited to, tents, booths, umbrellas, tables, signs etc. during special events. This restriction is intended to allow an unobstructed view of City Hall a National Historic Landmark and to minimize damage to the lawn. With the approval of the City Manager an exception may be granted for limited active use of the Plaza Horseshoe Lawn.
d. Finish line delineation demarcations in the Plaza Horseshoe area taller than14 feet in height shall be prohibited unless specifically approved by the SEC. Finish line delineation demarcations shall comply with the California Fire Code and provide a minimum clearance of 14 feet.
e. No tents (greater than 100 square feet in area and a maximum height of 10 feet) or structures (including inflatables) shall be placed in the horseshoe area unless specifically approved by the Special Events Manager, all items placed in the horseshoe must appear on the site plan and be approved in advance of the event. Sonoma Valley Fire District has the authority to restrict use of the horseshoe Agenda Item #4.3:

Page 67 of 154 ends

to allow for emergency vehicle access, please refer to Appendix A , and provides four options for use of the front horseshoe. f. In order to minimize compaction and damage to the Plaza landscape during the wet season, Special Events shall be restricted to paved areas of the Plaza from and including November through April. Small scale events, as defined in this policy, may be allowed to use lawn area during the wet season.
g. The number of Special Events held in the Plaza Park is limited to twenty-five events per calendar year; this number does not include private events. The Jazz Society Summer Music Series held on Farmers’ Market nights and the Farmers’ Market events shall be counted as one event.

2. Hours of Operation
a. Special Events shall be limited to the following hours of operation, unless specifically approved by the SEC and the City Manager:
• Monday through Thursday 5 p.m. to 7:30 a.m.
• Friday through Sunday, events may begin set up at 5 p.m. on Friday. Event cleanup shall be completed by 7:30 a.m.

Monday morning.

4. Noise
Amplified music shall not begin prior to 7 a.m. and normally cease no later than 10:00 p.m.; however, the SEC shall have the authority to extend the time through the application review process if circumstances warrant an extension.

5. Event Banner
With approval of the SEC or Special Events Manager, a banner may be displayed on the historic directory sign located on the southeast portion of the Plaza.

Banner Design and Fabrication Guidelines
Agenda Item #4.3:

Page 68 of 154 ends

• Banner schematic to be submitted and reviewed along with event application.
• The banner is to be sized compatible with the Historic Directory Sign policy.
• The banner is to be fabricated using marine acrylic, canvas, or other environmentally friendly material.
• The banner may be displayed beginning the Monday prior to the event and must be removed the last day of the event.

Banner installation shall be completed by City staff.

A barrier is required under all cooking devices including barbeques and fryers to protect the ground from spills.

7. Reserved Street Parking
Event applicants may request reserved on-street parking in conjunction with a Plaza event with the submittal of a Permit Application for Reserved Street Parking and shall be consistent with the applicable fee schedule. The Special Events Manager and Streets Supervisor shall make a recommendation to the City Manager as to the maximum number of parking spaces to be reserved for the event, this information will be outlined in the conditions of approval and in the signed/approved Parking permit.

8. Other Conditions
As determined by the City Manager, new events that are unique in nature may be subject to City Council approval.

Agenda Item #4.3:

Page 69 of 154 ends

APPENDIX B

DEPOT PARK

RESTRICTIONS, REQUIREMENTS AND GUIDELINES
The following restriction, requirements and guidelines apply to all special events conducted at Depot Park.

2. Signage
A banner advertising the event will be allowed in the Depot Park only with the approval of the SEC. Banners shall not exceed twelve square feet, nor shall they be displayed for longer than the duration of the event: allowable display time commencing with the first day of the event. Appearance and content of the banner are subject to SEC or the Special Events Manager review and approval. Methods of supporting the banner and location in the Depot Park are subject to review and approval by the Parks Supervisor.

3. Restroom Facilities
All events utilizing public restrooms shall be required to provide restroom monitors to ensure that no vandalism occurs during the course of the event and those restrooms are vacated, locked, cleaned, and resupplied at the close of the event. Event Sponsors shall be responsible for cleaning and supplying restrooms. Restrooms shall be monitored and cleaned (if necessary) at least once per hour during the event.

4. Noise
Agenda Item #4.3:

Page 70 of 154 ends

For permitted events amplified music shall not begin prior to 8 a.m. and cease no later than 10:00 p.m.; however, the SEC shall have the authority to extend the time through the application review process if circumstances warrant an extension.

5. Other Conditions
As determined by the City Manager, new events that are unique in nature may be subject to City Council approval.

APPENDIX C

ALL VENUES OTHER THAN PLAZA PARK AND DEPOT PARK

RESTRICTIONS, REQUIREMENTS AND GUIDELINES
The following restriction, requirements and guidelines apply to special events conducted at venues other than Plaza Park and Depot Park

2. Noise
Amplified music shall comply with the Noise Ordinance consistent with the Residential Power Equipment restrictions; however, the SEC shall have the authority to extend the time through the application review process if circumstances warrant an extension.

3. Duration and Hours of Operation
Hours of operation shall be established by the permitting authority based on the nature of the event and the nature of impacts on neighboring properties.

Page 71 of 154 ends

review process set forth in this policy for other venues i.e. Plaza and Depot Park.
c. As determined by the City Manager, event locations or new events that are unique in nature may be subject to City Council approval.

Agenda Item #4.3:

Page 72 of 154 ends

Fire Department
• One extinguisher is required for every 75’ of non-food vendors or every 7 vendor spaces.
• Each food vendor is required to have the appropriate fire extinguishers for each of the cooking mediums (propane, charcoal).
• Tents greater than 400 square feet require a separate permit/inspection.
• Keep horseshoe access clear of structures that impede on the Emergency Vehicle access (EVA). EVA is based on the dimensional needs of the jurisdiction’s vehicles. 20 feet is required around the entire horseshoe. Turns in the
horseshoe for fire engines require a 32-foot radius.
• Provide personnel to move barricades in case of an
emergency.
• Crowd Managers are required for this event the organizer is required to have 1 crowd monitor for every 250 attendees. (Fire Code 1/250 and City of Sonoma Special Events Policy) o Be aware of and maintain event safety
requirements required by the Special Events
Manager
o Conduct pre-event inspections to verify that the
event safety requirements are in place.
o Use a portable fire extinguisher.
o Guide the crowd in an emergency.

Agenda Item #4.3:

Page 73 of 154 ends

Agenda Item #4.3:

Page 74 of 154 ends

City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Accept the Expenditure Report for the Month of April 2022 Summary
The attached report shows disbursements for the month of April 2022.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, April 2022
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Monthly Payables Report, April 2022
Agenda Item #4.4:

Page 75 of 154 ends

CITY OF SONOMA

MONTHLY PAYABLES REPORT
April 2022
Vendor No Vendor Name Check Date Check Amount
Check No Invoice No Description Reference
00000063 VOYA/ING Financial Services
Electronic Payment Deferred Comp VOYA/ING Employer 04/21/2022 46.25 Deferred Comp VOYA/ING 04/21/2022 160.00
Deferred Comp VOYA/ING 04/21/2022 15.00
Deferred Comp VOYA/ING Employer 04/21/2022 3.75
225.00
00000066 AFLAC
98554 949871 Short Term Disability Premiums, April 2022 04/21/2022 645.78 645.78
00000068 American International Group (AIG)
Electronic Payment Deferred Comp AIG/VALIC % 04/21/2022 200.50 Deferred Comp AIG/VAL Employer 04/21/2022 9.99
Deferred Comp AIG/VALIC Flat 04/21/2022 25.00
Deferred Comp AIG/VALIC Flat 04/21/2022 45.00
Deferred Comp AIG/VALIC % 04/21/2022 50.13
Deferred Comp AIG/VALIC Flat 04/21/2022 255.00
Deferred Comp AIG/VAL Employer 04/21/2022 115.01
700.63
00000281 California Building Standards Comm
98558 Q1 2022 CA BSASRF Fee, Q1 2022 04/21/2022 263.70
263.70
00000292 Caltest Laboratories Inc
98601 631009 Well Testing/Sampling 04/26/2022 2,416.95
631886 Well Testing/Sampling 04/26/2022 1,825.00
4,241.95
00000294 California Rural Water Association
98559 2022 Membership Renewal 04/21/2022 1,435.00
1,435.00
00000351 City Of Rohnert Park
98504 Mayors & Councilmembers Association Event 04/05/2022 45.00 Mayors & Councilmembers Association Event 04/05/2022 135.00 180.00
00000446 KLH Consulting Inc
98530 144117 Billable Time 04/12/2022 157.50
MSP-143955 Data Watch Services 04/12/2022 9,053.25
98573 144206 UPS Battery Cartridge 04/21/2022 2,378.31
144207 Wireless Access Point Replacement 04/21/2022 1,082.59 144208 Core Switch Replacement 04/21/2022 2,984.77
144211 VMware Support / Subscription 04/21/2022 1,156.00 98605 144331 IT Disaster Recovery & Business Plan 04/26/2022 15,800.00 144336 Cyber Security Network Plan 04/26/2022 7,080.00
144358 Core Switch Replacement 04/26/2022 708.75
144359 Hosted Disaster Recovery Service 04/26/2022 6,880.00 47,281.17
00000463 Department of Conservation
98564 Q1 2022 Quarterly Seismic Hazard Mapping Fee, Q1 2022 04/21/2022 388.15 388.15
00000527 State of California Employment Development Dept.

Electronic Payment State Income Tax 04/21/2022 173.51
State Income Tax 04/21/2022 448.94
State Income Tax 04/21/2022 4,026.56
4,649.01
00000554 Faustino Enterprises Inc
98602 22877 Vehicle Maintenance, F650 Dump Truck 04/26/2022 586.36 22920 Vehicle Maintenance, Sweeper 04/26/2022 2,765.03
3,351.39
00000558 FedEx
Total for Vendor 00000063 (VOYA/ING Financial Services):

Total for Vendor 00000066 (AFLAC):

Total for Vendor 00000068 (American International Group (AIG)):

Total for Vendor 00000281 (California Building Standards Comm):

Total for Vendor 00000292 (Caltest Laboratories Inc):

Total for Vendor 00000554 (Faustino Enterprises Inc):

Total for Vendor 00000294 (California Rural Water Association):

Total for Vendor 00000351 (City Of Rohnert Park):

Total for Vendor 00000446 (KLH Consulting Inc):

Total for Vendor 00000463 (Department of Conservation):

Total for Vendor 00000527 (State of California Employment Development Dept.):
1 of 10
Agenda Item #4.4:

Page 76 of 154 ends

98567 7-725-16612 Mailing Services 04/21/2022 91.91

91.91 00000589 CoreLogic Solutions, LLC
98526 82126961 Assessor Parcel Data Subscription, March 2022 04/12/2022 165.00 165.00
00000720 Grainger
98603 9266903864 Supplies 04/26/2022 314.93
314.93
00000829 ICMA RC
Electronic Payment Deferred Comp ICMA % 04/21/2022 3.72 Deferred Comp ICMA 04/21/2022 138.75
Deferred Comp ICMA Employer 04/21/2022 583.50
Deferred Comp ICMA Employer 04/21/2022 31.25
Deferred Comp ICMA 04/21/2022 36.25
Deferred Comp ICMA 04/21/2022 2,910.68
Deferred Comp ICMA Employer 04/21/2022 25.00
Deferred Comp ICMA % 04/21/2022 850.08
Deferred Comp ICMA Employer 04/21/2022 98.75
4,677.98
00000833 Ricoh Usa, Inc
98538 106006054 Copier Lease/Maintenance 04/12/2022 212.43 106015543 Copier Lease/Maintenance 04/12/2022 1,356.99
106015543 Copier Lease/Maintenance 04/12/2022 678.50
106015543 Copier Lease/Maintenance 04/12/2022 226.16
98584 106042915 Copier Lease/Maintenance 04/21/2022 291.99 2,766.07
00000838 Infosend Inc.
98509 208872 Maintenance Fee, February 2022 04/05/2022 895.67 98529 208609 Data Processing/Mail Services 04/12/2022 1,925.03 98571 210286 Data Processing/Mail Prep Services, March 2022 04/21/2022 2,345.33 210558 Maintenance Fee, March 2022 04/21/2022 898.99
6,065.02
00000901 Kaiser Foundation Health Plan
98572 May 2022 Health Benefits, May 2022 04/21/2022 6,618.49 May 2022 Health Benefits, May 2022 04/21/2022 2,004.44
May 2022 Health Benefits, May 2022 04/21/2022 29,120.59 37,743.52
00000983 League Of California Cities
98510 641409 2022 Membership Dues 04/05/2022 6,355.00
98531 9743 Membership Dues, 2022 04/12/2022 350.00
6,705.00
00001044 Lynx Technologies
98532 9613 GIS Website Maintenance, March 2022 04/12/2022 500.00 9614 GIS Services, March 2022 04/12/2022 2,730.00
3,230.00
00001262 Quadient Leasing USA, Inc.
98580 N93161338 Lease/Maintenance 04/21/2022 300.26
300.26
00001306 Nyberg Landscaping
98611 766 Landscaping Services 04/26/2022 525.00
525.00
00001315 Office Depot - City
98511 231093553001 Office Supplies 04/05/2022 32.22
231111904001 Office Supplies 04/05/2022 39.87
235222162001 Office Supplies 04/05/2022 172.51
235223136001 Office Supplies 04/05/2022 23.96
235414882001 Office Supplies 04/05/2022 12.63
235415036001 Office Supplies 04/05/2022 198.70
479.89
00001323 O'Reilly Auto Parts
98535 2599-296315 Parts & Supplies 04/12/2022 74.36

74.36 00001330 AT&T
98524 000017913942 Communications 04/12/2022 383.35
000017913942 Communications 432.29
Total for Vendor 00000558 (FedEx):

Total for Vendor 00000589 (CoreLogic Solutions, LLC):

Total for Vendor 00000720 (Grainger):

Total for Vendor 00000829 (ICMA RC):

Total for Vendor 00001262 (Quadient Leasing USA, Inc.):

Total for Vendor 00001306 (Nyberg Landscaping):

Total for Vendor 00001315 (Office Depot - City):

Total for Vendor 00001323 (O'Reilly Auto Parts):

Total for Vendor 00000833 (Ricoh Usa, Inc):

Total for Vendor 00000838 (Infosend Inc.):

Total for Vendor 00000901 (Kaiser Foundation Health Plan):

Total for Vendor 00000983 (League Of California Cities):

Total for Vendor 00001044 (Lynx Technologies):

Monthly Payables Report, April 2022 2 of 10
Agenda Item #4.4:

Page 77 of 154 ends

98555 000017994681 Communications 04/21/2022 321.64
000017996549 Communications 375.49
Monthly Payables Report, April 2022 3 of 10
Agenda Item #4.4:

Page 78 of 154 ends

000017996549 Communications 332.99
000018052455 Communications 430.12
000018052455 Communications 381.42
2,657.30
00001335 Pace Supply Corp
98612 017473883 Meter Lids 04/26/2022 2,614.85
017557320 Meter Lids 04/26/2022 15,417.85
18,032.70
00001370 CalPERS
Electronic Payment PERS Survivor Benefit 04/21/2022 5.13 CalPERS 04/21/2022 415.66
CalPERS City Contribution 04/21/2022 503.68
CalPERS cost sharing 04/21/2022 236.68
CalPERS 04/21/2022 1,133.23
PERS Survivor Benefit 04/21/2022 29.52
CalPERS City Contribution 04/21/2022 1,148.42
CalPERS cost sharing 04/21/2022 1,644.48
CalPERS City Contribution 04/21/2022 8,954.30
PERS Survivor Benefit 04/21/2022 1.62
CalPERS cost sharing 04/21/2022 87.85
CalPERS 04/21/2022 8,025.47
22,186.04
00001376 Peterson Mechanical Inc
98577 20698 Furnace Replacement 04/21/2022 6,300.00
6,300.00
00001390 Pacific Gas And Electric
98613 Stmnt 3.29.22 Utilities 04/26/2022 1,750.66
Stmnt 3.29.22 Utilities 04/26/2022 2,280.69
Stmnt 3.29.22 Utilities 04/26/2022 4,035.95
Stmnt 3.29.22 Utilities 04/26/2022 3,396.13
Stmnt 3.29.22 Utilities 04/26/2022 213.73
11,677.16
00001449 Public Agency Retirement Services
98578 50336 Defined Benefit, February 2022 04/21/2022 300.00 300.00
00001457 Quincy Engineering Inc
98581 11-S241.00-13 Engineering Services, Chase St Bridge 04/21/2022 333.61 333.61
00001493 REMIF
98583 May 2022 Medical Insurance Premiums, May 2022 04/21/2022 1,022.95 May 2022 Employee Assistance Program, May 2022 04/21/2022 7.71 May 2022 Employee Assistance Program, May 2022 04/21/2022 10.79 May 2022 Employee Assistance Program, May 2022 04/21/2022 11.50 May 2022 Employee Assistance Program, May 2022 04/21/2022 1.42 May 2022 Employee Assistance Program, May 2022 04/21/2022 11.08 May 2022 Employee Assistance Program, May 2022 04/21/2022 1.09 May 2022 Employee Assistance Program, May 2022 04/21/2022 2.84 May 2022 Employee Assistance Program, May 2022 04/21/2022 5.68 May 2022 Vision Insurance Premiums, May 2022 04/21/2022 770.77 May 2022 Employee Assistance Program, May 2022 04/21/2022 1.70 May 2022 Dental Insurance Premiums, May 2022 04/21/2022 580.94 May 2022 Vision Insurance Premiums, May 2022 04/21/2022 111.02 May 2022 Employee Assistance Program, May 2022 04/21/2022 17.47 May 2022 Vision Insurance Premiums, May 2022 04/21/2022 28.21 May 2022 Dental Insurance Premiums, May 2022 04/21/2022 191.41 May 2022 Employee Assistance Program, May 2022 04/21/2022 4.40 May 2022 Dental Insurance Premiums, May 2022 04/21/2022 4,167.53 May 2022 Medical Insurance Premiums, May 2022 04/21/2022 18,624.30 May 2022 Employee Assistance Program, May 2022 04/21/2022 16.05 May 2022 Medical Insurance Premiums, May 2022 04/21/2022 2,169.75 May 2022 Employee Assistance Program, May 2022 04/21/2022 10.08 May 2022 Employee Assistance Program, May 2022 04/21/2022 6.11 27,774.80
00001564 Sebastiani Building Investors
98515 May 2022 Monthly lease payment 04/05/2022 5,990.00 5,990.00
Total for Vendor 00001330 (AT&T):

Total for Vendor 00001457 (Quincy Engineering Inc):

Total for Vendor 00001493 (REMIF):

Total for Vendor 00001564 (Sebastiani Building Investors):

Total for Vendor 00001335 (Pace Supply Corp):

Total for Vendor 00001370 (CalPERS):

Total for Vendor 00001376 (Peterson Mechanical Inc):

Total for Vendor 00001390 (Pacific Gas And Electric):

Total for Vendor 00001449 (Public Agency Retirement Services):

Monthly Payables Report, April 2022 4 of 10
Agenda Item #4.4:

Page 79 of 154 ends

00001568 SEIU Local 1021
98597 Union Dues 04/21/2022 72.68
Union Dues 04/21/2022 38.58
Union Dues 04/21/2022 372.38
483.64
00001612 Robert A. Smith
98516 22-1-1 Code Enforcement Services, January 2022 04/05/2022 5,200.00 22-1-2 Youth & Family Services, January 2022 04/05/2022 5,416.67 22-1-3 Prosecuting Attorney Services, January 2022 04/05/2022 1,260.00 22-1-4 Prosecuting Attorney Services, January 2022 04/05/2022 833.00 22-2-1 Prosecuting Attorney Services, February 2022 04/05/2022 1,260.00 22-2-2 Prosecuting Attorney Services, February 2022 04/05/2022 833.00 22-2-3 Youth & Family Services, February 2022 04/05/2022 5,416.67 22-2-4 Code Enforcement Services, February 2022 04/05/2022 5,200.00 25,419.34
00001627 Sonoma Auto Parts
98540 779867 Parts & Supplies 04/12/2022 49.97

49.97 00001637 Sonoma County Water Agency
98619 22259 Monthly Water Purchases 04/26/2022 149,998.07 149,998.07
00001639 The Sonoma Index-Tribune
98590 Annual Subscription through 5/9/2023 04/21/2022 72.80 98591 Annual Subscription through 2/3/2023 04/21/2022 110.53 98592 Past Due Balance 2/4/22 - 4/18/22 04/21/2022 17.36 200.69
00001644 Sonoma Paint Center Inc
98587 00300775 Supplies, Streets Dept 04/21/2022 39.24

39.24 00001663 Sonoma County Bicycle Coalition
98541 3354 Contract Services 04/12/2022 3,545.00
3,545.00
00001665 Sonoma Community Center
98517 May 2022 FY21-22 City Sponsorship/Service Contract 04/05/2022 3,333.33 3,333.33
00001673 Sonoma Valley Chamber of Commerce
98519 May 2022 Business & Economic Vitality Svcs, FY21-22 04/05/2022 10,416.66 10,416.66
00001685 Sonoma Valley Visitors Bureau
98521 May 2022 FY21-22, Monthly Payment Per Contract 04/05/2022 8,333.33 8,333.33
00001705 Sonoma Ecology Center
98518 May 2022 FY21-22 City Sponsorship/Service Contract 04/05/2022 2,083.33 2,083.33
00001706 Sonoma Tourism Improvement Dist.
98588 March 2022 TID Receipts, March 2022 04/21/2022 51,007.54 51,007.54
00001721 County of Sonoma, General Services
98562 FL-1793 Fleet Charges, March 2022 04/21/2022 4,120.52 FL-1793 Fleet Charges, March 2022 04/21/2022 11,086.37
FL-1793 Fleet Charges, March 2022 04/21/2022 922.29
16,129.18
00001782 Syar Industries Inc
98547 865342 Supplies 04/12/2022 418.88
867548 Supplies 04/12/2022 1,528.64
869528 Supplies 04/12/2022 261.97
870638 Supplies 04/12/2022 413.86
2,623.35
00001812 The Rental Place
98621 463492-4 Supplies 04/26/2022 32.46

32.46 Total for Vendor 00001568 (SEIU Local 1021):

Total for Vendor 00001612 (Robert A. Smith):

Total for Vendor 00001665 (Sonoma Community Center):

Total for Vendor 00001673 (Sonoma Valley Chamber of Commerce):

Total for Vendor 00001685 (Sonoma Valley Visitors Bureau):

Total for Vendor 00001705 (Sonoma Ecology Center):

Total for Vendor 00001706 (Sonoma Tourism Improvement Dist.):

Total for Vendor 00001627 (Sonoma Auto Parts):

Total for Vendor 00001637 (Sonoma County Water Agency):

Total for Vendor 00001639 (The Sonoma Index-Tribune):

Total for Vendor 00001644 (Sonoma Paint Center Inc):

Total for Vendor 00001663 (Sonoma County Bicycle Coalition):

Total for Vendor 00001721 (County of Sonoma, General Services):

Total for Vendor 00001782 (Syar Industries Inc):

Total for Vendor 00001812 (The Rental Place):

Monthly Payables Report, April 2022 5 of 10
Agenda Item #4.4:

Page 80 of 154 ends

00001829 Thunderbird Communications Inc
98622 3158 Engineering Services 04/26/2022 1,000.00
1,000.00
00001893 U.S. Bank Corp Pmt System
98548 Stmnt 3.10.22 Monthly Credit Card Purchases 04/12/2022 9,151.85 9,151.85
00001895 U.S. Bank PARS Acct #6746022400
98598 PARS 04/21/2022 31.14

31.14 00001920 Vintage House
98522 April 2022 City Sponsorship/Service Contract 04/05/2022 3,333.33 98551 May 2022 City Sponsorship/Service Contract 04/12/2022 3,333.33 6,666.66
00001928 Boys and Girls Clubs of Sonoma Valley
98503 May 2022 FY21-22, City Sponsorship/Service Contract 04/05/2022 4,583.33 4,583.33
00001989 GHD
98507 380-0009589 Engineering Services, Proj#12572236 04/05/2022 22,183.60 98569 380-0003149 Engineering Services, Fryer Creek 04/21/2022 2,969.00 380-0007955 Interim City Engineer Services 04/21/2022 10,310.64 380-0011520 Engineering Services, Fryer Creek 04/21/2022 1,210.00 36,673.24
2332 U.S. Department of the Treasury
Electronic Payment Medicare Employee Portion 04/21/2022 230.97 Medicare Employer Portion 04/21/2022 230.97
Medicare Employee Portion 04/21/2022 1,546.69
Medicare Employee Portion 04/21/2022 81.14
Medicare Employer Portion 04/21/2022 1,546.69
Federal Income Tax 04/21/2022 553.18
Federal Income Tax 04/21/2022 11,084.84
Medicare Employer Portion 04/21/2022 81.14
Federal Income Tax 04/21/2022 1,488.14
16,843.76
2348 Bolt
98556 45183 Temporary Staffing 04/21/2022 884.97
45183 Temporary Staffing 04/21/2022 272.75
45183 Temporary Staffing 04/21/2022 136.15
45183 Temporary Staffing 04/21/2022 651.05
45183 Temporary Staffing 04/21/2022 787.20
45376 Temporary Staffing 04/21/2022 773.03
45376 Temporary Staffing 04/21/2022 78.58
45376 Temporary Staffing 04/21/2022 694.45
45376 Temporary Staffing 04/21/2022 190.98
45376 Temporary Staffing 04/21/2022 510.79
45474 Temporary Staffing 04/21/2022 659.73
45474 Temporary Staffing 04/21/2022 659.73
45474 Temporary Staffing 04/21/2022 69.44
45569 Temporary Staffing 04/21/2022 555.56
45569 Temporary Staffing 04/21/2022 555.56
45569 Temporary Staffing 04/21/2022 58.48
45676 Temporary Staffing 04/21/2022 694.45
45676 Temporary Staffing 04/21/2022 694.45
45676 Temporary Staffing 04/21/2022 73.10
9,000.45
2349 Kone Inc
98606 962143168 Elevator Maintenance 04/26/2022 298.86
298.86
2378 Sonoma Media Investments
98543 34695 Advertising Services 04/12/2022 2,204.00
34695 Advertising Services 04/12/2022 72.00
34695 Advertising Services 04/12/2022 48.00
34695 Advertising Services 04/12/2022 576.00
34695 Advertising Services 04/12/2022 48.00
34695 Advertising Services 04/12/2022 312.00
98586 33796 Advertising Services 04/21/2022 426.41
33796 Advertising Services 04/21/2022 50.25
33796 Advertising Services 04/21/2022 50.25
33796 Advertising Services 04/21/2022 65.60
33796 Advertising Services 04/21/2022 50.25
Total for Vendor 00001895 (U.S. Bank PARS Acct #6746022400):

Total for Vendor 00001920 (Vintage House):

Total for Vendor 00001928 (Boys and Girls Clubs of Sonoma Valley):

Total for Vendor 00001989 (GHD):

Total for Vendor 2332 (U.S. Department of the Treasury):

Total for Vendor 00001829 (Thunderbird Communications Inc):

Total for Vendor 00001893 (U.S. Bank Corp Pmt System):

Total for Vendor 2348 (Bolt):

Total for Vendor 2349 (Kone Inc):

Monthly Payables Report, April 2022 6 of 10
Agenda Item #4.4:

Page 81 of 154 ends

33796 Advertising Services 04/21/2022 256.00
33796 Advertising Services 04/21/2022 50.25
33796 Advertising Services 04/21/2022 98.40
33796 Advertising Services 04/21/2022 65.60
4,373.01
2390 Wine Country Sanitary
98624 T-29045 Sanitary Stations 04/26/2022 970.44
970.44
2458 United Rentals (North America)
98549 204418319-001 Custom Signage 04/12/2022 284.05
284.05
2513 Sonoma Valley Pest Control
98546 2165747 Pest Control Services 04/12/2022 45.00

45.00 2522 Rita Gipson
98528 Reimbursement Mileage Reimbursement 04/12/2022 13.81 98570 Reimbursement Mileage, Reissue 04/21/2022 24.86

38.67 2537 DFM Associates
98565 2022 2022 CA Elections Code Manual 04/21/2022 83.03

83.03 2622 US Bank Voyager Fleet Sys
98550 8693802532213 Fuel 04/12/2022 1,078.57
98593 8693322052209 Fuel 04/21/2022 2,539.95
8693322052209 Fuel 04/21/2022 36.53
8693322052209 Fuel 04/21/2022 124.46
8693322052209 Fuel 04/21/2022 177.79
8693322052209 Fuel 04/21/2022 1,106.88
8693322052209 Fuel 04/21/2022 1,062.32
6,126.50
2634 Sonoma County Community Dev. Commission
98616 Successor Agency Admin FY18-19 04/26/2022 150,000.00 98617 FY18-19 Village Green USDA Loan Repymt FY18-19 04/26/2022 6,352.00 FY18-19 Village Green USDA Loan Repymt FY18-19 14,436.00 98618 SERAF SERAF Loan Repayment ROPS, 20-21B SERAF 04/26/2022 60,869.00 SERAF SERAF Loan Repayment ROPS, 21-22B SERAF 04/26/2022 60,869.00 SERAF SERAF Loan Repayment ROPS, 21-22A SERAF 04/26/2022 60,869.00 353,395.00
2838 Frye's Printing Inc
98506 22-35166 Business Cards 04/05/2022 202.42
98568 22-35027 Business Cards 04/21/2022 202.38
404.80
2995 Ready Refresh
98537 02C0032628554 Water Delivery/Cooler Rental 04/12/2022 102.90 98582 02D0032628596 Water Delivery/Cooler Rental 04/21/2022 38.43 141.33
3039 Page and Turnbull
98536 23138 Professional Services, Sonoma Objective Design Standards 04/12/2022 1,462.50 98576 22303 Professional Services, June 2021 04/21/2022 1,140.00 22603 Professional Services, Sept 2021 04/21/2022 1,900.00 22693 Professional Services, Oct 2021 04/21/2022 1,075.60 22863 Professional Services, Nov 2021 04/21/2022 1,955.95 98614 22391 Professional Services, July 2021 04/26/2022 6,134.88 22529 Professional Services, August 2021 04/26/2022 5,208.40 18,877.33
3246 W-Trans
98553 27814 Downtown Parking Management Study 04/12/2022 4,117.50 4,117.50
3261 Maselli & Sons, Inc.
98608 076090 Supplies 04/26/2022 186.14
186.14
3291 Sonoma Valley Community Communications
98544 AT&T PEG Fees July - Sept 2021 04/12/2022 639.82
Comcast PEG Fees April - June 2021 04/12/2022 10,649.68 Comcast PEG Fees July - Dec 2021 04/12/2022 21,378.70
Total for Vendor 2513 (Sonoma Valley Pest Control):

Total for Vendor 2522 (Rita Gipson):

Total for Vendor 2537 (DFM Associates):

Total for Vendor 2622 (US Bank Voyager Fleet Sys):

Total for Vendor 2634 (Sonoma County Community Dev. Commission):

Total for Vendor 2378 (Sonoma Media Investments):

Total for Vendor 2390 (Wine Country Sanitary):

Total for Vendor 2458 (United Rentals (North America)):

Total for Vendor 2838 (Frye's Printing Inc):

Total for Vendor 2995 (Ready Refresh):

Total for Vendor 3039 (Page and Turnbull):

Total for Vendor 3246 (W-Trans):

Total for Vendor 3261 (Maselli & Sons, Inc.):

Monthly Payables Report, April 2022 7 of 10
Agenda Item #4.4:

Page 82 of 154 ends

6816 PEG Access Channel Ops/Videotaping Services 04/12/2022 1,666.66 98589 6848 PEG Access Channel Ops/Videotaping Services 04/21/2022 1,666.66 36,001.52
3294 Employment Development Department
Electronic Payment Late Payment Penalty 04/21/2022 33.39 Late Payment Penalty 04/21/2022 68.40
Late Payment Penalty 04/21/2022 567.63
Late Payment Penalty 04/21/2022 273.61
Late Payment Penalty 04/21/2022 66.78
1,009.81
3304 Colantuono, Highsmith & Whatley PC
98561 March 2022 Legal Services, March 2022 04/21/2022 16,691.67 16,691.67
3330 Ricoh USA, Inc
98513 5064022554 Copier Lease/Maintenance 04/05/2022 119.32 119.32
3343 Metro Mobile Communications
98533 45629 Wireless Motor Kit/Firmware Update 04/12/2022 1,882.11 1,882.11
3347 Paradise Pictures, LLC
98512 0575658 Office Supplies 04/05/2022 130.00
130.00
3445 RingCentral Inc
98514 CD_000378342 Communications 04/05/2022 1,786.94
1,786.94
3488 NHA Advisors, LLC
98534 00459 2019 Continuing Disclosure Compliance 04/12/2022 4,850.00 4,850.00
3491 Sonoma Valley Fire & Rescue Authority
98620 COS_030122 21-22 City of Sonoma & Sonoma Valley Fire District Contract 04/26/2022 454,645.75 COS_040122 21-22 City of Sonoma & Sonoma Valley Fire District Contract 04/26/2022 454,645.75 909,291.50
3564 Hinderliter, de Llamas & Associates
98508 SIN003795 Contract Services, Transaction Tax, Q1 2020 04/05/2022 300.00 SIN007354 Contract & Audit Services, Sales Tax 04/05/2022 1,174.44 SIN009185 Contract & Audit Services, Sales Tax 04/05/2022 1,447.85 2,922.29
3582 Municipal Maintenance Equipment, Inc.
98610 0160161-IN Parts & Supplies 04/26/2022 224.59
0167813-IN Parts & Supplies 04/26/2022 1,280.87
0167814-IN Parts & Supplies 04/26/2022 373.76
0168086-IN Parts & Supplies 04/26/2022 369.91
166483-IN Parts & Supplies 04/26/2022 110.73
2,359.86
3654 Sonoma County Transit
98585 22-02 Sonoma Shuttle - Fare-Free Program, City's Share (50%) 04/21/2022 2,882.00 22-10 Sonoma Shuttle - Fare-Free Program, City's Share (50%) 04/21/2022 3,315.38 6,197.38
3665 Moe Engineering, Inc.
98575 2022100 Engineering Services, 1211 Broadway, PL1211 04/21/2022 1,643.25 2022101 Engineering Services, 369 W Napa St, 140046 04/21/2022 593.00 2022102 Engineering Services, 19241 5th St W, 140057 04/21/2022 786.50 2022103 Engineering Services, AT&T Utility Bore Replace. 140090 04/21/2022 960.00 3,982.75
3682 Broderick General Engineering, Inc.
98557 6589-01 Water Leak, E MacArthur St/5th St E 04/21/2022 9,481.64 9,481.64
3686 Orlando Rodriguez
98615 Reimbursement Registration Fee 04/26/2022 150.00
150.00
3710 Sonoma Valley Field of Dreams
98520 April 2022 Monthly Payment, Athletic Field Maintenance/Ops 04/05/2022 1,250.00 April 2022 Monthly Payment, Athletic Field Maintenance/Ops 04/05/2022 2,083.33 Total for Vendor 3291 (Sonoma Valley Community Communications):

Total for Vendor 3294 (Employment Development Department):

Total for Vendor 3304 (Colantuono, Highsmith & Whatley PC):

Total for Vendor 3330 (Ricoh USA, Inc):

Total for Vendor 3343 (Metro Mobile Communications):

Total for Vendor 3582 (Municipal Maintenance Equipment, Inc.):

Total for Vendor 3654 (Sonoma County Transit):

Total for Vendor 3665 (Moe Engineering, Inc.):

Total for Vendor 3682 (Broderick General Engineering, Inc.):

Total for Vendor 3686 (Orlando Rodriguez):

Total for Vendor 3347 (Paradise Pictures, LLC):

Total for Vendor 3445 (RingCentral Inc):

Total for Vendor 3488 (NHA Advisors, LLC):

Total for Vendor 3491 (Sonoma Valley Fire & Rescue Authority):

Total for Vendor 3564 (Hinderliter, de Llamas & Associates):

Monthly Payables Report, April 2022 8 of 10
Agenda Item #4.4:

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98545 May 2022 Monthly Payment, Athletic Field Maintenance/Ops 04/12/2022 1,250.00 May 2022 Monthly Payment, Athletic Field Maintenance/Ops 04/12/2022 2,083.33 6,666.66
3717 HdL Software LLC
98604 SIN015537 Payment Services, January 2022 04/26/2022 3,648.91 3,648.91
3777 Data Ticket, Inc.
98563 FY21-22 FY21-22 Monthly Fee - Code Enforcement 04/21/2022 900.00 900.00
3778 Quadient Finance USA, Inc.
98579 4.1.22 Stmnt Postage 04/21/2022 70.20

70.20 3810 Sonoma County Recorder
98542 22-12520 Filing Fees 04/12/2022 2,598.00
2,598.00
4023 Comcast
98505 140776313 Communication, February & March 04/05/2022 1,600.00 1,600.00
4040 Alterity Broker Solutions, Inc.
98600 May 2022 Life Insurance/LTD Premiums, May 2022 04/26/2022 327.71 May 2022 Life Insurance/LTD Premiums, May 2022 04/26/2022 2,183.65 May 2022 Life Insurance/LTD Premiums, May 2022 04/26/2022 88.02 2,599.38
4042 water TALENT, LLC
98595 3138 Temporary Staffing, W/E 3.13.22 04/21/2022 5,960.00 3188 Temporary Staffing, W/E 4.3.22 04/21/2022 6,071.75 3199 Temporary Staffing, W/E 4.10.22 04/21/2022 5,960.00 17,991.75
4055 Carmela Mondello Hobaugh
98596 PR Batch 04/21/2022 500.00
500.00
4089 Cellhire USA LLC
98560 2997968 Satellite Phone Rental 04/21/2022 50.00

50.00 4096 Uline
98623 146189426 Supplies 04/26/2022 167.97
70214921 Supplies 04/26/2022 493.21
661.18
4109 Jerry Ruth Wheeler
98523 April 2022 Contract Services, April 2022 04/05/2022 3,100.00 98552 May 2022 Contract Services, May 2022 04/12/2022 3,100.00 6,200.00
4139 Bonnie Durrance Photography
98525 SCC00P Photography Services 04/12/2022 436.00
436.00
4158 15000 Inc.
98599 202202-17 Professional Services, Sonoma Depot 04/26/2022 1,690.00 1,690.00
4230 Duy Ho Photography
98527 Refund Business License Refund 04/12/2022 74.00
Refund Business License Refund 04/12/2022 4.00

78.00 4231 Rise Housing Solutions, Inc.
98539 Sonoma-001 Contract Professional Services 04/12/2022 6,116.25 6,116.25
4232 Mark DiMaio
98566 Rebate Clothes Washer Rebate 04/21/2022 50.00

50.00 4233 Long Beach BMW Motorcycles
98574 1001 2022 BMW Motorcycle - Police Station 04/21/2022 34,163.34 34,163.34
Total for Vendor 4023 (Comcast):

Total for Vendor 4040 (Alterity Broker Solutions, Inc.):

Total for Vendor 4042 (water TALENT, LLC):

Total for Vendor 4055 (Carmela Mondello Hobaugh):

Total for Vendor 4089 (Cellhire USA LLC):

Total for Vendor 3710 (Sonoma Valley Field of Dreams):

Total for Vendor 3717 (HdL Software LLC):

Total for Vendor 3777 (Data Ticket, Inc.):

Total for Vendor 3778 (Quadient Finance USA, Inc.):

Total for Vendor 3810 (Sonoma County Recorder):

Total for Vendor 4231 (Rise Housing Solutions, Inc.):

Total for Vendor 4232 (Mark DiMaio):

Total for Vendor 4233 (Long BeElectronic Payment BMW Motorcycles):

Total for Vendor 4096 (Uline):

Total for Vendor 4109 (Jerry Ruth Wheeler):

Total for Vendor 4139 (Bonnie Durrance Photography):

Total for Vendor 4158 (15000 Inc.):

Total for Vendor 4230 (Duy Ho Photography):

Monthly Payables Report, April 2022 9 of 10
Agenda Item #4.4:

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4235 USA Sports & Entertainment LLC
98594 Refund 2020 Half Marathon Fees Less 2019 Invoice 04/21/2022 8,349.90 8,349.90
4236 Christine M McMillan
98609 Refund Temporary Use Permit 04/26/2022 525.00
525.00
4237 Frank P Loduca
98607 1 Fryer Creek/Bike Bridge Project 04/26/2022 19,209.95 19,209.95
Employee Payroll:

Wages/Buyouts 4/14/2022 $96,405.37
Wages/Buyouts 4/28/2022 $102,354.67
Total for Employee Payroll: $198,760.04
Grand Total: $2,278,460.90
Total for Vendor 4237 (Frank P Loduca):

Total for Vendor 4235 (USA Sports & Entertainment LLC):

Total for Vendor 4236 (Christine M McMillan):

Monthly Payables Report, April 2022 10 of 10
Agenda Item #4.4:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution Authorizing an Extension of a 1% Increase in the Transient Occupancy Tax that was Approved by Council Effective September 1, 2019 for Use for Affordable Housing Purposes for FY 19/20, 20/21 and 21/22 for an Additional 3 years (FY 22/23, 23/24 and 24/25) with Review by the City Council Prior to May 2024 Summary
In November 2018, over 70% of Sonoma voters approved Measure S, a 2% increase to the TOT which became effective on January 1, 2019 and gave the City Council the authority to increase another 1% within 5-years of the vote. The ballot language follows:

MEASURE S
To provide funding for infrastructure and general City services including, but not limited to, police, fire, emergency preparedness, streets, parks and open space, and recreation plus affordable/workforce housing shall Sonoma increase the Transient Occupancy Tax (hotel tax) rate by 2& on January 1, 2019, and authorize an additional 1% increase by January 1, 2024 (estimated $1,125,000 annually all funds used locally), and increase the City’s appropriations limit for Fiscal Years 2018/19-2021/22 by the amount of increased tax? The City’s TOT is a general revenue that can be used for any source. The City Council has discretion to budget or allocate funding for a specific purpose. At its June 10, 2019 meeting, City Council voted unanimously to increase the remaining 1% of the TOT ordinance to use for affordable housing purposes during FY2019/20, 20/21 and 21/22.

The following provides annual revenue resulting from the 1% TOT increase for allocation to the affordable housing fund since September 2019:

FY 2019/20 - $179,977
FY 2020/21 - $34,560
FY 2021/22* - $327,076* (as of 3/1/22)
The City's Measure U ½ cent sales tax measure extension was passed by the voters in November 2020, and the City’s revenues are continuing to improve from the Covid-19 pandemic to fund competing core service level and investment needs. Staff recommends the extension of 1% TOT funds for affordable housing purposes during FY2022/23, 23/24 and 24/25 with a review prior to May 1, 2024. to allow the City Council to evaluate the overall funding priorities, revenues and resources comprehensively.

Recommended Council Action
It is recommended the City Council adopt a resolution authorizing the extension of an existing 1% increase in the Transient Occupancy Tax for use for affordable housing purposes for an Agenda Item #4.5:

Page 86 of 154 ends

additional 3 years (FY 22/23, 23/24 & 24/25) with option to review City’s overall funding priorities and budget circumstances.

Alternative Actions
City Council discretion.

Financial Impact
Staff estimates that the extension of the existing 1% TOT increase allocation to the affordable housing fund will provide $400,000-450,000 per year.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - TOT-1_Housing Extension
Agenda Item #4.5:

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City of Sonoma
RESOLUTION #____- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SONOMA, CALIFORNIA
AUTHORIZING EXTENSION OF A 1% INCREASE IN THE
TRANSIENT OCCUPANCY TAX EFFECTIVE JULY 1, 2022 FOR
USE FOR AFFORDABLE HOUSING FOR FY 22/23,
23/24 and 24/25 WITH REVIEW BY THE CITY COUNCIL PRIOR
TO JULY 1, 2024
WHEREAS, the City’s adopted and State Certified Housing Element of the General Plan contains provisions to meet the existing and projected housing needs of all economic
segments of the City; and,
WHEREAS, specific policies within the Housing Element
encourage the funding of affordable housing
projects/programs through regulatory incentives, concessions and available financial assistance; and
WHEREAS, with the loss of redevelopment funding, there is a continued need for funding for affordable housing; and, WHEREAS, in November 2018, over 70% of Sonoma voters
approved Measure S, a 2% increase to the TOT which
became effective on January 1, 2019 and gave the City
Council the authority to increase another 1% within 5-years of the vote; and,
WHEREAS, the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and,
WHEREAS, the City Council approved the additional 1%
funding to support affordable housing for FY 19/20, 20/21 and 21/22 scheduled to expire on July 30, 2022; and,
BE IT FURTHER RESOLVED, that the City Council of the City of Sonoma Authorizes an extension of a 1% increase in the
Transient Occupancy Tax for use for affordable housing for FY 22/23, 23/24 and 24/25 including the following parameters:
• Review by the City Council by July 1, 2024 or as City budget priorities deem necessary.
• The 1% TOT revenue collected will transferred to the
Housing Trust Fund.

PASSED AND ADOPTED at a Regular Meeting of the City
Council on May 18, 2022.

Agenda Item #4.5:

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AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
________________
Jack Ding, Mayor
ATTEST
_______________________
____________
Rebekah Barr, MMC, City
Clerk
Agenda Item #4.5:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer, Oriana Hart, PW Admin & Project
Manager
Agenda Item Title
Adopt a Resolution Approving the Parcel Map No. 159 for the 2-Lot Residential Development known as Collins Minor Subdivision located at 241 Fifth Street West, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Summary
On February 11, 2021, the Planning Commission approved a Tentative Map to subdivide the

0.41-acre property at 241 Fifth Street West into a 2-Lot Residential Development known as Parcel Parcel Map No. 159, Collins Minor Subdivision. The property is located at the corner of Fifth Street West and Lasuen Street. A vicinity map is shown on attached Parcel Map No. 159, Collins Minor Subdivision.

The City Engineer has reviewed Parcel Map No. 159 and Improvement Plans and determined that they are in compliance with the Subdivision Map Act and the City’s development code.

The Parcel Map and Improvement Plans are also in substantial conformance with the approved Tentative Map. Conditions of approval required with the tentative subdivision map approval will be met prior to recordation of the Final Map or have been addressed on the subdivision improvement plans and will be carried out during construction.

A portion of the public improvements identified in the approved Improvement Plans have not yet been constructed. Thus, the developer desires to execute a Subdivision Improvement Agreement per Sonoma Municipal Code 19.70.040. A draft of that agreement has been attached for review.

Conditions of approval for the Tentative Parcel Map, required by the Planning Commission, will be met prior to recordation of the Final Map or have been addressed in the subdivision improvement plans and will be carried out during construction.

Recommended Council Action
It is recommended that the City Council adopt the attached resolution approving Parcel Map No. 159 for the 2-Lot Residential Development known as Collins Minor Subdivision located at 241 Fifth Street West, and authorizing the City Manager to execute the Subdivision Improvement Agreement
Alternative Actions
City Council discretion
Agenda Item #4.6:

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Financial Impact
The City of Sonoma will accept responsibility for the public improvements when constructed by the developer.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
1207-PM 159
CITY of SONOMA C-805
Collins Minor Subdivision Improvement Agreement
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.6:

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Agenda Item #4.6:

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DO NALD
HIGHWAY I2

VAL LEJO
HOME

ROBINSO
DR.

ROSALIE DR.

V
STREET

ST REET
NAPA
HFTH
STREET

BROADWAY
Agenda Item #4.6:

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DO NALD
HIGHWAY I2

VAL LEJO
HOME

ROBINSO
DR.

ROSALIE DR.

V
STREET

ST REET
NAPA
HFTH
STREET

BROADWAY
Agenda Item #4.6:

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3/29/2022
Agenda Item #4.6:

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1 APN: 127-471-038

SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision No. 159, Collins Minor Project
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is made and entered into this _18__ day of ___May_______, 2022 (“Effective Date”), by and between Prospect Construction, Inc., and Dan Barrett Construction, Inc., (hereinafter collectively referred to as (“Subdivider”) of that certain subdivision to be known as Collins Minor Project (“Subdivision,” “Project” or “Collins Minor Project”), and the City of Sonoma, a general law city, hereinafter referred to as "City."

RECITALS
WHEREAS, on February 11, 2021 by Planning Commission Resolution No. 2-2021 and other actions taken to approve the Project, the City approved the Tentative Parcel Map (“Map”) for and other land use entitlements applicable to said Subdivision and/or the land encompassed within the Subdivision (collectively referred to as the “Approvals”). The land encompassed within the Subdivision (“Subject Property”) is described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Subdivision is subject to the Subdivision Map Act (Gov. Code, § 66410 et seq.), the State’s planning and zoning laws, and the City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps (together, the “Subdivision Laws”) and the requirements and conditions contained in the Approvals; and WHEREAS, Subdivider, pursuant to the State of California Subdivision Map Act and all applicable ordinances of City, has presented to City Improvement Plans (defined below) dated February 28, 2022 outlining thereon the improvements to be constructed by Subdivider within and/or for the benefit of the above-mentioned Subdivision; and WHEREAS, Subdivider has also presented to City for approval a Parcel Map; and

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Sonoma
Atten: City Clerk
No. 1 The Plaza
Sonoma, CA 95476
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)
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2 WHEREAS, Subdivider has requested approval of said Parcel Map prior to construction and completion of the improvements described in the Improvement Plans; and WHEREAS, said Subdivision Laws require Subdivider to enter into an agreement with City whereby Subdivider agrees to have said work completed by the time specified in said agreement; and
WHEREAS, among other things, Subdivider’s execution of this Agreement is a condition precedent to City’s approval of the Parcel Map for the Project (Gov. Code, § 66462(a) & (c)); and
WHEREAS, Subdivider desires to enter into this Agreement, in order to facilitate the completion of all Collins Minor Project on-site improvements and offsite improvements; and WHEREAS, Subdivider further desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense, and risk, all of the Collins Minor Project on-site and off-site improvements required in connection with the Collins Minor Project including, but not limited to, grading work and site clearance, the Improvements (defined below), and all labor required to complete the Improvements to the satisfaction of City; and WHEREAS, Subdivider shall secure this Agreement by depositing security with City consisting of a cash deposit, bond, or letter of credit in form acceptable to City to secure installation of the Improvements and warranties of workmanship and landscape viability/maintenance in accordance with the terms provided herein (the “Securities”); and WHEREAS, on May 18, 2022, the City Council adopted a resolution approving the Parcel Map subject to the Subdivider entering into this Agreement and authorizing the City to enter into this Agreement with Subdivider.

AGREEMENT
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows:

1. Prior to the expiration of 730 calendar days from May 18, 2022 Subdivider will furnish, construct, and install, at Subdivider’s own and sole expense, and to the City’s satisfaction, all improvements (“Improvements”) outlined and set forth on the Improvement Plans (defined below) and all other improvements required of the Subdivider to be constructed by said Subdivision Laws, the Approvals and/or the conditions of approval of said Subdivision, along with any changes or modifications to such Improvements as may be required by the City Engineer or the City Engineer’s designee due to errors, omissions, or changes in conditions. Upon completion of the Improvements, and as conditions precedent to the acceptance of same and the release of the Securities as provided hereinafter, the physical condition of the Subdivision shall be substantially identical with that depicted in the Improvement Plans (except as to any other improvements approved by the City in writing). No extension of time shall be made except upon the basis of a written application made by Subdivider to the City stating fully the grounds of the application and facts relied upon for such an extension, and City shall retain full discretion to grant, grant in part, or deny the extension.

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3 Subdivider shall pay the city's costs of processing any extension in accordance with the City's cost recovery procedures, and any application for an extension may be conditioned upon an increase in the Securities and inspection fees to reflect current costs, as determined by the City Engineer. Whether any such extension is granted shall be left to the sole, unfettered discretion of the City. Neither such extension nor other delay by City shall constitute a waiver of any of the obligations of Subdivider or Subdivider's surety.

Any application for an extension of the said 730 calendar days time period specified herein shall be delivered to the City at least sixty (60) days before the said time period expires, otherwise, the right to apply for such an extension shall be waived.

2. Said Improvements shall include, but are not necessarily limited to, the following:
grading, retaining walls, street work (including curbs, gutters and sidewalks), Fifth St West and Lausen St intersection improvements, storm drainage facilities, stormwater treatment facilities, sanitary sewer facilities, water facilities, joint trench utilities (communication lines, gas and electric), temporary and permanent storm water pollution prevention improvements, and landscape improvements, as shown on the project improvement plans titled:
 Improvement Plans – Subdivision No. 159 – Collins Minor Subdivision Improvement Plans, prepared by Steven J. Lafranchi & Assoc 140 2nd St #312, Petaluma, Ca 94952; 7 sheets and dated February 28, 2022.

All plans noted above, have been approved as one plan set by the City Engineer on March 8, 2022. These plans are collectively referred to as the “Improvement Plans,” “Plan” or “Plans”.

3. The total estimated cost of the Improvements, as determined by the City Engineer, is One Hundred and Twenty Five Thousand and Sixty Dollars ($125,060) (“Estimated Cost of Improvements”). Approval by the City Engineer of the Improvement Plans shall not relieve Subdivider from ensuring that all public improvements conform to all other requirements and standards set forth in this Agreement.

4. In accordance with the Subdivision Laws (Gov. Code, § 66499), the recordation of this Agreement creates a lien attached to the property underlying the Collins Minor Project and has the priority of a judgment lien in the amount necessary to complete the Improvements.

5. Said Improvements shall be constructed in accordance with the Improvement Plans.

6. Said Improvements shall also be constructed in accordance with the Sonoma Municipal Code, the latest edition of the Standard Specifications for Public Works Construction (the “Green Book”), State of California Department of Transportation Standard Specifications (Caltrans) when specified, the City of Sonoma Standard Special Provisions and Standard Drawings, the City of Sonoma’s Standard Plans, the Sonoma Valley County Sanitary District Standard Specifications and Drawings, the California Building Code Appendix 33 J, Grading, Codes approved and adopted by the City of Sonoma, the Sonoma Valley County Sanitary District, and the City Standard Drawings as may be modified by applicable Regulatory Agency Permits (defined below) (collectively, Agenda Item #4.6:

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4 along with the Plans, referred to as the “Improvement Standards”). The foregoing plans and specifications are incorporated herein by reference and made a part hereof, with the following exceptions, additions, and modifications: None.

7. Where there is a conflict between plans and specifications described in Sections 5 and 6 herein, the more stringent requirement shall govern.

8. A. Subdivider shall, at Subdivider’s expense, obtain and maintain during the life of this Agreement all necessary permits, approvals, waivers and/or licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

B. Prior and as a condition to the issuance of any grading, building or other permit by City for said Improvements, and as a condition to the continued validity of any such permit and prior to the commencement of the Work as defined in Section 14, Subdivider shall have obtained and provide to the City evidence that it has obtained, all necessary approvals, licenses, permits, and/or waivers (“Regulatory Agency Permits”) required for said Improvements from the California Department of Fish and Wildlife, the U.S.

Army Corps of Engineers, the Regional Water Quality Control Board, the Sonoma County Flood Control & Water Conservation District, the Sonoma Valley County Sanitary District, the Sonoma Valley Fire Protection District, Pacific Gas and Electric, AT&T, Comcast and all other agencies with jurisdiction. Subdivider shall comply with said Regulatory Agency Permits and their terms and conditions. If at any time any of Subdivider’s Regulatory Agency Permits obtained from any other agency with jurisdiction lapses, expires, terminates, and/or is revoked and/or Subdivider is served with a notice of violation of any such Regulatory Agency Permits by any such agency, the City shall have the right to revoke any grading, building or other permit it issued to Subdivider and halt any and all Work (defined below) until the Regulatory Agency Permits are reinstated or re-issued and/or the notice of violation is rescinded or canceled, as the case may be.

9. Subdivider warrants and guarantees that except for any interests offered to and accepted by public agencies, it is the sole owner of the Subdivision and each and every lot, parcel, or part thereof.

10. Until final acceptance of the Improvements, Subdivider shall give good and adequate warning to the public of each and every dangerous condition existing in said Improvements, and will take reasonable actions to protect the public from such dangerous condition.

11. The City shall not accept any real property to be dedicated or the Improvements unless they are constructed in conformity with the Improvement Plans and specifications, approved modifications, if any, the approved Final Map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Improvements are accepted by the City, Subdivider shall retain title and shall be responsible for, and bear the risk of loss to, any of the Improvements constructed or installed.

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5 12. Title to and ownership of any real property to be dedicated and the Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Improvements by City.

13. Subdivider hereby warrants that the Plans referred to herein are in accordance and conformity with the Map approval, the Approvals and all other plans for the Approvals previously approved by the City, together with all conditions made a part of said Approvals. Subdivider further warrants that said plans and specifications are adequate to accomplish the Improvement work (the “Work”) covered by this Agreement in good, workmanlike manner and in accordance with accepted construction practices. Subdivider warrants and shall be solely responsible for ensuring that the design and construction of the Improvements and the Work will not adversely affect any portion of adjacent or other properties and that all Work will be performed in a proper manner and in accordance with all City-issued permits and Regulatory Agency Permits and applicable laws and regulations. Subdivider may modify said Plans and specifications as the development progresses should unforeseen conditions occur only upon the prior written approval from the City Engineer. Should said Plans and specifications, the Improvements and/or the Work at any time prior to the City’s final acceptance of the Improvements referred to herein prove, in the opinion of City, to be inadequate in any respect, then Subdivider shall make such changes in the Plans and specifications, Improvements and/or Work as are necessary to satisfy City's requirements, all at no expense to City.

14. The City Engineer, or his/her authorized representative shall inspect all of the Improvements to be accepted for maintenance by the City (hereinafter referred to as "Public Improvements"). The Sonoma Valley County Sanitary District will inspect public and private wastewater collection system improvements. Utility improvements shall be inspected by the utility companies. All Improvements shall be inspected for compliance with this Agreement and City Improvement Standards, plans, conditions of approvals, specifications, Approvals and Subdivision regulations.

The Improvements shall be deemed accepted only as authorized by the City Council or the City Engineer in accordance with the Subdivision Laws, and City’s inspection of all Improvements. Such acceptance shall not constitute a waiver by City of any defects or deficiencies in the Improvements.

Upon the total or partial acceptance of the Public Improvements by City and acceptance of the sanitation improvements by the Sonoma Valley County Sanitary District, Subdivider shall file with the Recorder’s Office of the County of Sonoma a notice of completion for the accepted Improvements in accordance with California Civil Code section 8182, at which time the accepted Improvements shall become the sole and exclusive property of City without payment therefor. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Subdivider provides, among other things, one (1) set of “as-built” or record drawings or plans on minimum 4- mil mylar to the City Engineer for all such Improvements. The drawings shall be certified by the professional engineer or architect of record and shall reflect the condition of the Improvements as constructed, with all changes incorporated therein.

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6 15. A. Subdivider shall allow City’s duly authorized representatives access to the Work at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the Improvement Plans and this Agreement. The Subdivider shall give at least ten (10) days’ advance notice of the date upon which the Work is to commence and the date upon which the Work is to be completed. City may reject defective Work and require its repair, replacement, or removal by Subdivider, all at no expense to City. City will use its best efforts to provide timely notice of any defect about which it has actual knowledge, but City’s failure to provide such notice shall not constitute a waiver or affect any of City’s rights or remedies, or provide a defense to Subdivider.

B. Upon final completion and acceptance of all said Work in accordance with this Agreement, the City Engineer, in accordance with City regulations, shall notify Subdivider in writing of his/her acknowledgment of acceptance of same. Except as otherwise provided herein, for a period of one year from and after the date of said acceptance of said Work, Subdivider shall, in accordance with the Subdivision Maintenance Warranty attached hereto as Exhibit D, guarantee and warranty all the Improvements constructed under the provisions of this Agreement against defective work or labor done or defective materials furnished and shall repair any defects or failures which may appear in the Improvements during said one year period, and further correct the causes of said defects or failures. Prior to the acceptance of said Work, Subdivider shall deposit with City cash or satisfactory improvement security in the form attached hereto as Exhibit F and as provided by the Subdivision Laws and all applicable ordinances of the City in the amount of 10% of the amount of the performance security specified in Section 21 to secure performance of said guarantee and warranty. If the Subdivider fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City. Neither the written acknowledgment of acceptance hereinabove referred to nor any periodic or progress inspection or approval shall waive any defect in the Improvements or any breach of this Agreement. Acceptance of any part of any stage of said improvement Work shall not be final until the written notice of final acceptance of all the Improvements shall have been delivered to Subdivider as required herein.

C. City shall not be required to exonerate any surety, release any security relating to satisfactory completion of the Improvements, sign off as complete any building permit, or issue occupancy permits until acceptance of Public Improvements by the City or, in the case of Improvements which will not be dedicated to and accepted by the City, until the Improvements have passed final inspection by the City, all in accordance with the Subdivision Laws. In addition, release of security, exoneration of sureties and issuance of occupancy permits will be predicated upon the receipt of required maintenance and/or warranty agreements and security therefor, in forms acceptable to the City.

D. No Improvements shall be accepted by the City unless and until they are free of all liens and encumbrances, and free of all material defects and conditions which may Agenda Item #4.6:

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7 create a hazard to the public health, safety, or welfare. In addition, all properties, rightsof-way, easements, and other interests to be dedicated to the City shall be, before acceptance thereof by the City, free and clear of all liens and encumbrances of any kind or character whatsoever and free of any and all material defects and conditions creating a hazard to public health or public safety. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.

E. City shall not be responsible or liable for the maintenance or care of the Improvements until City approves and accepts them. City shall exercise no control over the Improvements until accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Subdivider at all times prior to City’s acceptance of the Improvements. Subdivider shall maintain all the Improvements in a state of good repair until they are completed by Subdivider and approved and accepted by City, and until the Securities for the performance of this Agreement is released. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance.

16. A. Subdivider shall replace or repair, or have replaced or repaired, as the case may be, all Public Improvements, public utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any Work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public property or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Furthermore, until such time as the Improvements are accepted by City, Subdivider shall be responsible for, and bear the risk of loss to, any and all of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider shall be solely responsible for the care, maintenance of, and any damage to such Improvements, and City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the Work or Improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. The Subdivider shall defend and indemnify the City for said accidents, losses and/or damages pursuant to Sections 34 and 38 below. As to any accident, loss or damage occurring or happening after all the Improvements are fully completed and accepted by the City, Subdivider shall indemnify and defend the City pursuant to Sections 34 and 38 below.

Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Subdivider’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Subdivider fails to properly Agenda Item #4.6:

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8 prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Subdivider and its surety under this Agreement.

B. Subdivider shall provide adequate and competent supervision of all contractors and subcontractors. Subdivider shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any Work related to the Improvements.

Subdivider shall maintain an office with a telephone and Subdivider, or a person authorized to make decisions and act for Subdivider in Subdivider’s absence shall be available at the site of any Improvements within three (3) hours of being called at such office by City at any time when construction Work is being performed on the Improvements.

C. Subdivider shall assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, gas, electric, telephone or other utility company under the terms of any franchises with City or otherwise imposed upon the utility companies by law.

17. All inspection services rendered in connection with the Work covered by this Agreement shall be paid for by Subdivider pursuant to the City’s fee schedule as of the date the services are rendered.

Subdivider shall pay the following types of fees at the times specified below in the amounts and at rates in effect at the time of payment (unless otherwise required by law or City ordinance):

A. Park-in-lieu fees (Quimby Act fees): $40,082.87. This fee was paid during the approval process for the Map. No additional fees at this time.

B. Sewer Connection Fees: As required by Permit Sonoma and Sonoma Valley County Sanitation District, paid prior to issuance of sewer permit.

C. Water Connection Fees: The sum of the front foot charge, meter charge and capacity charge per the City’s Water Rate and Fee Schedule, paid prior to installation of water meter.

D. School Impact Fees: Paid to Sonoma Valley Unified School District prior to issuance of Building Permit.

Subject to the above fee provisions, Subdivider shall pay fees required by the City’s Municipal Code, the conditions of Approval and/or state law at the time specified in the City’s Municipal Code, the conditions of Approval and/or state Subdivision Laws (whichever is earlier) and at the rates in effect at the time of payment (unless otherwise required by law or City ordinance).

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9 18. If Subdivider refuses or fails to cause prosecution of the Work, or any severable part thereof, with such diligence as will ensure its completion within the time specified by this Agreement, or any extensions thereof, or fails to cause completion of said Work within such time; or if the Subdivider fails to timely cure any defects in the Improvements; or if the Subdivider should be adjudged bankrupt; or if Subdivider should make a general assignment for the benefit of Subdivider's creditors; or if a receiver should be appointed in the event of Subdivider's insolvency; or if Subdivider or any of Subdivider's contractors, subcontractors, agents, or employees should violate or fail to perform any of the provisions of this Agreement; then such acts, omissions and/or events shall constitute a material breach of and default under this Agreement, and City reserves to itself all remedies available to it at law or in equity for such breach, including but not limited to serving written notice on Subdivider and Subdivider's surety of breach of this Agreement, or of any portion thereof, and of the default of Subdivider.

19. In the event of any such notice of breach of this Agreement and the default of Subdivider, any surety providing Performance Security described in Section 21, below, shall be liable to City for the cost of construction and installation of the Improvements and Work and for costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred in enforcing this Agreement. In such event, and at the City’s option, Subdivider’s surety shall have the duty to take over, commence (if applicable) and complete the Work and Improvements or otherwise perform as is herein specified; provided, however, that if the surety, within the time period specified in the City’s notice of breach, does not give City written notice of its intention to take over the performance of this Agreement, and does not commence performance thereof within five (5) days after notice to City of such election, City may elect to take over the Work and prosecute the same to completion, by contract with a new contractor or by any other method City may deem advisable, for the account and at the expense of Subdivider and Subdivider’s surety. In such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Subdivider as may be onsite of the Work and necessary therefor, and by execution of this Agreement, Subdivider grants City permission to enter onto the Subdivision in such event as may be necessary or convenient to construct such Improvements. Should City proceed to have the work called for by this Agreement completed by entering into a contract with a new Contractor, City shall execute said contract for and on behalf of and as the agent of Subdivider. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate the City’s damages in the event of default of Subdivider. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City’s damages for Subdivider’s default shall, in part, be measured by the cost of completing the required Improvements. The sums provided by the Improvement security may be used by City for the completion of the public improvements in accordance with the Improvement Plans and specifications contained herein. Subdivider and Subdivider's surety, and any person, partnership, entity, corporation, or association claiming any interest in the Subdivision and each of them, shall be liable to City for any costs, claims, damages, liability or expenses of whatever nature or kind, direct or indirect, including Agenda Item #4.6:

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10 interest at the maximum rate allowed by law from the date of notification of such cost and expense until paid, and reasonable attorneys’ fees, which are directly or indirectly incurred by reason of the enforcement of this Agreement. Such amounts and interest accrued thereon shall constitute a lien on the Subdivision. Subdivider acknowledges and agrees that if the Improvements are not completed to the satisfaction of the City within the time specified by this Agreement, or any extension thereof, Subdivider fails to comply with any requirement imposed as a condition of the Approvals, or Subdivider fails to comply with any condition imposed under a third party permit, City, in addition to any other remedy it may have at law or in equity or as otherwise provided in this Agreement, may withhold occupancy certificates, utility connections, and/or building permits, until the Improvements have been completed in accordance with this Agreement, and as to any such permit, Subdivider waives any and all rights Subdivider may have under the California Permit Streamlining Act. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision, or to rescind the Approvals or otherwise revert the Subdivision to acreage. The remedies provided by this section are in addition to, and not in lieu of, other remedies available to the City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be at the discretion of City. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. The failure of City to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider. In the event that Subdivider commences work on none of the Improvements required to be constructed under this Agreement within the time period set forth in Section 1 hereof, such failure shall constitute a breach of this Agreement and permit the City to recover from Subdivider’s surety and/or utilize the performance security to pay for the costs of commencing and completing the Improvements and reasonable expenses and fees, including reasonable attorney’s fees incurred in enforcing this Agreement.

20. A. In the event of default by Subdivider, then irrespective of whether any Work has been undertaken pursuant to this Agreement, City may, without further notice to Subdivider or to its sureties, elect to initiate proceedings to revert the Subdivision to acreage.

B. In such event: (1) Subdivider shall conclusively be deemed to have consented to a reversion of the Subdivision to acreage and to a rescission of the Tentative Parcel Map and Parcel Map with respect thereto; (2) Subdivider shall execute and deliver such other and further instruments relating to such reversion and rescission as City shall reasonably request; and should Subdivider refuse to execute and deliver same, Subdivider hereby appoints the City as Subdivider’s attorney in fact to execute and deliver said instruments in Subdivider’s name and stead which said instruments shall be binding upon Subdivider; (3) Subdivider shall be entirely responsible for the costs incurred in reverting the Subdivision to acreage and consents to the City utilizing any cash bond described below for that purpose; (4) Subdivider agrees and acknowledges that reverting the Subdivision to acreage pursuant hereto shall be deemed to be in full compliance with all applicable provisions of the law, including but not limited to Cal. Gov’t Code section 66499.11 et Agenda Item #4.6:

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11 seq., that all conditions precedent to reverting the Subdivision to acreage have been completely satisfied, and that all findings required to be made under Cal. Gov’t Code section 66499.16 shall be deemed made and satisfied; and (5) after utilizing those portions of the monies deposited with the City by the Subdivider and/or those portions of the improvement security necessary to complete the Improvements and/or to otherwise place the Subdivision in a condition which will be the least detrimental to the City and neighboring properties, City shall release all improvement security and shall return to Subdivider the balance of any moneys held as security for the completion of the Improvements or any other Work which is the subject of this Agreement; provided, however, that the City shall not release said improvement security or refund any moneys held as security to the extent that (i) any demands against said securities are pending or likely to be made, (ii) Subdivider owes the City money for any reason, and/or (iii) Subdivider has not otherwise fully discharged its obligations under this Agreement which must be discharged notwithstanding the reversion to acreage, in which case the City shall be entitled to make demand against and pursue Subdivider’s surety for and/or pay to itself from the deposits held by the City for said contingencies. Notwithstanding anything to the contrary stated herein, Subdivider consents to the reversion of the Subdivision to one parcel under the terms and conditions hereof.

21. Subdivider shall, upon execution of this Agreement, deposit cash in the sum of $125,060 or satisfactory improvement security as provided by the State of California Subdivision Map Act and all applicable ordinances of City, in said amount to secure faithful performance of the construction of the public improvements covered by with this Agreement and every part thereof by Subdivider, which, if a bond, shall be in the form attached hereto as Exhibit B (“Performance Security”). Any additions, alterations, or modifications of this Agreement or to the plans and specifications referred to herein, including any extension of time within which the Work hereunder may be completed, shall not release, or exonerate any surety or sureties on the public improvement security given in connection with this Agreement.

22. Subdivider shall, upon execution of this Agreement, deposit with City cash in the sum of $125,060 or a satisfactory improvement security as provided by the State of California Subdivision Map Act and all applicable ordinances of City, in said amount to guarantee payment to contractors, subcontractors and persons renting equipment or furnishing labor or materials for the public improvements covered by this Agreement and every part thereof by Subdivider, which, if a bond, shall be in the form attached hereto as Exhibit C (“Payment Security”). Any additions, alterations, or modifications to this Agreement or to the plans and specifications referred to herein, including any extension of time within which the Work hereunder may be completed, shall not release, or exonerate any surety or sureties on the public improvement security given in connection with this Agreement.

23. A. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified herein and approved by the City Attorney.

B. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period), and shall Agenda Item #4.6:

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12 provide that they may be released, in whole or part, only upon the written approval of the City Engineer, as provided under the Subdivision Laws and Section 23(D) below. All Securities shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as required by the Subdivision Laws.

C. If Subdivider seeks to replace any of the Securities, such replacement shall: (1) comply with all requirements of this Agreement and must be reasonably satisfactory to and be approved by the City Attorney as to form; (2) be provided by Subdivider to the City Engineer; and (3) upon written acceptance by the City Engineer, be deemed to be a part of this Agreement. Upon the City Engineer’s acceptance of a replacement, the earlier provided Securities may be released by City.

D. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. City shall release the Performance Security upon issuance of a Certificate of Completion by the City Engineer for all of the Improvements, or as may otherwise be authorized in accordance with the Subdivision Map Act (Gov. Code § 66499.7). ii. City shall release the Payment Security in accordance with the Subdivision Laws. The Payment Security may, six (6) months after the Certificate of Completion is issued by the City Engineer, be reduced to an amount equal to the amount of all claims filed and related to the Improvements of which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given.
iii. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the completion and acceptance of the Improvements, and inspection thereof by the City’s Construction Inspector, and approved by the City Engineer. If, however, the City Engineer determines there are defects in the Improvements that require correction pursuant to Section 15(B) above, and such defects are not corrected within a reasonable time, the City Engineer shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees in connection with enforcement of any provision of this Agreement.

E. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council gives specific, written approval to replace the Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement.

Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.

24. Subdivider shall, upon execution of this Agreement, deposit with the City cash in the sum of $12,506, to pay for any necessary legal and administrative costs incurred by City to enforce the provisions of this Agreement. Should the Subdivider not comply with the provisions of this Agreement, the City may commence legal and administrative efforts to Agenda Item #4.6:

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13 seek compliance, with the costs of said efforts to be paid, in whole or in part, from this deposit. In the event that the City is required to utilize said deposit for said purposes, upon 21 days’ notice, Subdivider shall replenish the deposit so that it remains in the amount of $12,506 until the time that the City is required to refund the deposit to Subdivider. Upon final acceptance of the Improvements, the cash deposit, or remaining portion thereof, will be returned to Subdivider. Notwithstanding the foregoing provisions of this Section, in any action or proceeding governed by Section 34 and/or 38, below, the City shall not be limited to recovering the amount of said deposit as and for the City’s attorneys’ fees, and the provisions of Sections 34 and/or 38 herein shall remain in full force and effect and apply to said action or proceeding.

25. A. The securities described in Section 21 through 22 shall be of the type specified in Government Code Section 66499.(a)(1), (2), or (3), and must be satisfactory to and be approved by the City Attorney as to form. The surety for each such security (herein "Surety") shall (i) be currently admitted to transact surety insurance by the California Department of Insurance, (ii) have a Best’s Insurance Guide rating (herein a "Rating") of no less than A-, when each such security is issued, and (iii) be approved by the City, with such approval not to be unreasonably withheld. Prior and as a condition precedent to the recordation of the Parcel Map, or any change in Surety hereunder, Subdivider shall deliver to the City the certificate of the County Clerk attesting to the admittance status of the Surety. The City shall be the sole indemnitee named on any instrument required by this Agreement.

B. In the event a Surety's Rating is reduced below "B" (a “Rating Event”) Subdivider shall have ten (10) business days from the date such rating actually drops below “B” to present the City with bonds issued by one or more Sureties other than the one being replaced, which shall meet the criteria specified above (the "Replacement Surety"), regardless of the date Subdivider or City actually becomes aware of the Rating Event. In the event the Subdivider does not deliver to the City the security of a Replacement Surety within the ten (10) business day period provided hereunder, Subdivider's work under this Agreement shall immediately cease and shall not recommence until Subdivider has delivered security issued by such Replacement Surety to the City.

C. In the event that the Subdivider does not maintain, in full force and effect, the securities specified in Sections 21 through 22 until the later of final acceptance of the Improvements or the time at which the City is required to release said securities, and/or in the event that the Subdivider does not maintain and/or replenish the deposit specified in Sections 24 up until the time that the City is required to return any unused portion of said deposit, (a) Subdivider’s work under this Agreement shall immediately cease and shall not re-commence until Subdivider has delivered to the City the requisite security and/or deposit, and (b) the City shall have the right to withhold certificates, permits and entitlements as provided in Section 19.

D. Certificates of deposit shall not be deemed to be satisfactory security unless such certificates provide that the City is the owner of record of such funds. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney’s and expert’s fees incurred in enforcing the obligation secured.

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14 26. Installation of the landscaping and irrigation system and all other related improvements shall be inspected by a registered landscape architect and certified in writing to City's Planning and Community Services Director as being in compliance with approved plans and specifications and accepted practice prior to release of the applicable bond.

27. Without limiting Subdivider's indemnification provided hereinbelow, Subdivider shall take out and maintain at all times during the term of this Agreement the following policies of insurance with insurers with a Best rating of no less than A:XI:

A. Workers' Compensation Insurance to cover its employees, and the Subdivider shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees. Each Workers' Compensation policy shall be endorsed with the provision that it will not be canceled or altered without first giving thirty (30) days prior notice to the City.

In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Subdivider shall provide, and shall cause its contractors and subcontractors to provide adequate and suitable insurance for the protection of its employees not otherwise protected. Such policy shall provide that it will not be canceled or altered without first giving thirty (30) days prior notice to the City.

Said Worker's Compensation policy shall have the following endorsement:
"All rights of subrogation are hereby waived against the City, its officers and employees when acting within the scope of their appointment or employment".

B. Commercial General Liability Insurance including personal injury and property damage insurance for all activities of the Subdivider and its contractors and subcontractors arising out of or in connection with this contract, written on a commercial general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X,C,U hazards, vehicle coverage and non- owned auto liability coverage in an amount no less than $2 million dollars personal injury and property damage for each occurrence.

Each such policy shall be endorsed with the following specific language:
(1) The City is named as additional insured for all liability arising out of the work performed by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly, or indirectly, in the performance of the contract.

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15 (2) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by the City shall be called upon to contribute to a loss.
(4) The coverage provided by this policy shall not be canceled without thirty (30) days prior written notice given to the City.

C. Prior and as a condition precedent to the recordation of the Parcel Map, Subdivider shall submit to City documentation evidencing Subdivider’s required insurance including Certificates of Insurance and properly executed endorsements in a form at least as broad as ISO CG 20 10 10 01, ISO CG 20 37 10 01, ISO 20 01 04 13, and ISO CG 24 04 for the additional coverages required hereunder. Any deductible or self-insured retentions must be declared to and approved in writing by City. At the option of City, insurer shall reduce or eliminate such deductible or self-insured retention as respects City, its officers and employees or Subdivider shall procure a bond guaranteeing payment of losses and related investigation, claims, administration, and defense expenses.

D. Subdivider shall maintain Environmental Liability Insurance applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured and separately to the additional insured against which claim is made or suit is brought.

Coverage shall be maintained in an amount of at least Two Million Dollars ($2,000,000) per loss, with an annual aggregate of at least Four Million Dollars ($4,000,000).

Subdivider warrants that any retroactive date applicable to Environmental Liability Insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage will be maintained for a period of five (5) years beginning from the time the Work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance first shall have been so obtained by such contractor or subcontractor and approved by the City. Certificates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf.

F. Subdivider shall ensure that the commercial general liability insurance includes or endorsed to include the following: Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of Agenda Item #4.6:

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16 representations shall not affect coverage provided to the City, its officers, employees, agents, boards, commissions, and volunteers.

28. All notices herein required shall be in writing, and delivered in person or sent by overnight or registered mail, postage paid. Notice required to be given to City shall be addressed as follows:

City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
Attn: City Manager
With copy to: Jeffrey A. Walter
City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa St., Suite F
Sonoma, CA 95476
Email: [email protected]
All notices required to be given to Subdivider shall be addressed as hereinbelow indicated:

Prospect Construction, Inc., and Dan Barrett Construction, Inc.

Attn: Finbarr Collins
P.O. Box 170160
San Francisco, CA 94117

All notices required to be given to surety or guarantor of Subdivider shall be addressed as indicated on the instrument of improvement security incorporated herein by reference.

Any party hereto or the surety may change such address by notice in writing to the other parties and thereafter notice shall be addressed and transmitted to the new address.

29. Time is of the essence of this Agreement and every provision thereof; provided, that subject to Section 1, in the event good cause is shown therefor, City may extend the time for completion of the Improvements by Subdivider. Any such extension may be granted without notice to the Subdivider's surety, and extensions granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension.

30. This Agreement may be amended or modified only by written agreement signed by both parties. Failure on the part of either party to enforce any provisions of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and shall not act to release any surety from its obligations under this Agreement.

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17 31. This Agreement shall not be assigned by Subdivider without the written consent of City.

The consent of City to any assignment shall not be unreasonably withheld, provided the proposed assignee (“Successor”) can demonstrate its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance. The City shall have the right to compel the Successor to disclose all documents, information, and other material which, in the City’s reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified hereinabove. Subject to subsection (5) below, no assignment permitted hereunder shall be complete until substitute security is provided by the Successor to fulfill its obligations under Sections 21 through 22 hereof. Provided that by no later than six (6) months prior to the expiration of the period specified in Section 1, above, Subdivider provides the City at least forty-five (45) days advance written notice of Subdivider’s intent to assign this Agreement and delivers that notice as well as all documents, information and other material requested by the City and sufficient to enable the City to exercise the discretion vested in it pursuant to this Section 31, no later than thirty (30) calendar days after the City receives the materials submitted by the Subdivider, the City shall deliver to the Subdivider a written determination whether the submitted materials are complete. If the City’s written determination is not delivered within said thirty (30) day period, the submission shall be deemed complete. If within said thirty (30) day period, the City delivers a notice to the Subdivider that the submitted materials are incomplete, the Subdivider shall have thirty (30) calendar days to submit the necessary, additional information and after timely submittal thereof, the City shall have thirty (30) calendar days within which to, again, deliver notice to the Subdivider whether the submitted materials are complete. If the Subdivider does not submit additional materials within thirty (30) calendar days after receiving the City’s determination of incompleteness, it shall be conclusively deemed that the Subdivider has withdrawn its request for consent to the assignment in question. Not later than forty-five (45) days after the Subdivider’s submittal is determined or deemed complete, the City shall accept or reject the proposed assignment. The existence of any legitimate dispute between City and Subdivider over the acceptance by City of any proposed Successor may, in City’s unfettered discretion, result in an extension of the time for performance of Subdivider’s obligations hereunder, as set forth in Section 1, equal to the amount of time required for resolution of such dispute. If the City consents to an assignment to any third-party subdivider or developer , this Agreement shall be deemed to have been amended to provide: (1) that Successor shall be acknowledged by City to be the Subdivider hereunder; (2) that Successor shall assume all obligations of Subdivider hereunder; (3) that all Work and Improvements to which this Agreement relates shall be completed by Successor as required hereunder; (4) that the security for performance of Subdivider’s obligations hereunder, as provided in Sections 21 through 22 hereof, shall, at the election of Subdivider, consist of such security as the Successor shall post, subject to the City’s approval and as long as said substitute security complies with Sections 21 through 22; (5) that all cash security deposited with the City shall be retained by the City pursuant to the terms hereof and any balance owing to the Subdivider shall be paid to the Successor; (6) Subdivider shall remain jointly and severally responsible with the Successor for all of the Subdivider’s obligations hereunder; and (7) the Successor shall provide evidence that it has obtained the requisite insurance.

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18 32. In the event either party hereto shall commence any legal action or proceeding against the other party arising out of or in connection with this Agreement, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its cost of suit, reasonable attorneys' fees to be fixed by the court, and such recovery shall include costs of suit and attorneys' fees on appeal, if any. This provision shall be in addition to any provisions regarding attorney’s fees set forth in the bonds securing this Agreement.

33. Prior to the acceptance of any dedications or improvements by City, Subdivider shall provide City with a written warranty, in the form attached and incorporated hereto as Exhibit E (“Environmental Warranty”), to certify and warrant that: (1) neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws; (2) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; and (3) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of:

A. Any proceeding or investigation by any federal, state, or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

B. Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and C. Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

For purposes of this Agreement, the terms below have the following meanings:
i. “Environmental Laws” shall mean any federal, state, or local law, rule, regulation administrative or court order, ordinance, regulatory guidance document, standard, or requirements of any government authority regulating, relating to, or imposing liability standards of conduct concerning Hazardous Substances, or that pertains to the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Conservation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); the Clean Water Act (33 U.S.C. § 1251 et seq.); the Toxic Agenda Item #4.6:

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19 Substances Control Act (15 U.S.C. § 2601 et seq.); the Hazardous Materials Transportation Act (29049 U.S.C. § 1801 et seq.); the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.); the Superfund Amendments and Reauthorization Act (42 U.S.C. § 6901 et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.); the Surface Mining Control and Reclamation Act (30 U.S.C. § 1201 et seq.); the Occupational Safety and Health Act (29 U.S.C. §§ 655, 657); the California Underground Storage of Hazardous Substances Act (Health and Safety Code, § 25280 et seq.); the California Hazardous Waste Control Act (Health and Safety Code, § 25100 et seq.); the California Safe Drinking Water and Toxic Enforcement Act (Health and Safety Code, § 24249.5 et seq.); and the Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.); together with any amendments of or regulations promulgated under the statutes cited above. ii. “Hazardous Substances” or “Hazardous Substance” shall include any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as so defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves. Hazardous Substances include any hazardous or toxic substance, material or waste which is regulated by the State of California, the United States government, or any other governmental authority with jurisdiction over the Property. Hazardous Materials include asbestos and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.

34. City shall not be responsible for any of the Work, any Improvement or for performance or nonperformance of any Work of construction of any Improvement. To the fullest extent permitted by law, Subdivider, and each of its members, hereby agrees to, and shall defend, indemnify and hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from and against any and all allegations, claims, damages, disabilities, or expenses, including attorneys’ fees, experts’ fees, and witness costs that may be asserted or incurred, as the case may be, by any person or entity, including liability for damages or claims for damage for personal injury, or death, as well as from claims for real or personal property damage arising out of or in connection with (i) the activities of Subdivider in performing any Work on any Improvement addressed in this Agreement, (ii) Subdivider’s performance or non-performance under this Agreement, (iii) Subdivider’s breaches of this Agreement, (iv) the City’s approval of this Agreement (except for any claims Subdivider may have against the City for City’s breach of this Agreement), (v) the City’s compliance or non-compliance with the California Environmental Quality Act or any other law applicable to the approval, processing and implementation of the Subdivision, the Approvals, this Agreement, the Improvements and/or Work, (vi) any soils subsidence, landslides or soil movement arising out of Subdivider’s activities hereunder; (vii) Subdivider’s handling, releasing, disposing, Agenda Item #4.6:

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20 transporting or arranging for the handling, releasing, disposing or transporting of any hazardous wastes, substances or materials as those terms may be defined by any law, ordinance and/or regulation of any regulatory agency with jurisdiction; and/or (viii) Subdivider’s violation of any law, ordinance or regulation, whether or not there is concurrent, passive negligence on the part of the City, its elective and appointive boards, commissions, officers, agents, and employees, and regardless of the City’s approval of the Plans or City’s inspection, approval or acceptance of the Improvements and notwithstanding any limitation on the amount or type of damages or compensation payable by or for Subdivider under Workers’ Compensation, Disability, or other employee benefit acts, the acceptance of insurance certificates required under this Agreement, or the terms, applicability, or limitations of any insurance held by Subdivider. This indemnification clause also shall apply to any case where the Work performed is done under a contract entered into by the City as agent of Subdivider and such Work is the proximate cause of any claim against City, and to any cause of action against the City arising from the negligent provision of designs for, or the negligent construction, performance, testing, planning, observation, or supervision of, any Work required by this Agreement. Subdivider indemnifies the City for any liability, cost, expense, including attorney’s fees, incurred by the City in enforcing this Section 34. This Section 34 shall survive termination of this Agreement for any reason. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for damage covered by this Section.

After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this Section 34 shall remain in full force and effect for ten (10) years following acceptance by City of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing, or inspecting any Work. The Securities shall not be required to cover the provisions of this section.

35. City shall not be liable for approving, reviewing, checking, or correcting any Plans or specifications or for approving, reviewing, or inspecting any Work. Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to City or City’s Agents (defined below) for the approval of the Plan or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6.

36. Subdivider shall have sole responsibility for making all arrangements and assuming all expenses that may be required to provide the Subdivision with utilities. All utilities, including cable television facilities, shall be installed underground. All utilities to be located in streets shall be installed and approved prior to installing street improvements.

Subdivider shall be solely responsible and assume all liability for any delays, or damages arising therefrom, caused by utility companies in relocating, installing, establishing, and/or constructing utility lines, cables, trenches, and/or facilities of any type. Subdivider Agenda Item #4.6:

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21 shall release, defend, indemnify, and hold City harmless from any such liability, irrespective of City’s passive negligence.

37. All utilities to be located in streets shall be installed and approved prior to installing street improvements.

38. The Subdivider shall indemnify the City in accordance with the terms and conditions of Government Code § 66474.9(b). This Section shall survive the termination of this Agreement for any reason.

39. This Agreement shall be binding upon and inure to the benefit of the parties’ successors, heirs, and assigns, and by the recordation hereof (or the recordation of a memorandum hereof subject to the City’s approval) (which said recordation shall be effected by the City), it is the intention of the parties to give notice to and bind their successors, heirs and assigns hereto. The parties intend that this Agreement and its terms and conditions shall run with the land and shall be deemed a covenant running with the land and an equitable servitude. This Section 39 shall survive termination of this Agreement for any reason.

40. Intentionally left blank.

41. Jurisdiction and venue of all disputes over this Agreement and/or its terms shall be in the County of Sonoma, State of California. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

42. The Recitals are incorporated by reference.

43. Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement. City’s elected and appointed councils, commissions, officers, agents, employees, and representatives (“City’s Agents”) shall not, be liable or responsible for any accident, loss, or damage, regardless of the cause, happening or occurring to the Work or Improvements specified in this Agreement prior to the completion and acceptance of the Work or Improvements. All such risks shall be the responsibility of and are hereby expressly assumed by Subdivider.

44. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.

45. Intentionally left blank.

46. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state, and local laws in the performance of the Work required by this Agreement, including but not limited to all Subdivision Laws, Improvement Standards, and all Agenda Item #4.6:

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22 federal, State, and local labor laws. In the event it is determined that Subdivider is required to pay prevailing wages for Work performed under this Agreement, Subdivider shall pay all penalties and wages as required and shall indemnify City in accordance with Section 38 above.

47. Subdivider, its agents, employees, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.

48. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

49. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.

50. Any approval or consent that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

51. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

57. Intentionally left blank.

58. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

59. The parties acknowledge and agree that the Subdivider is required to enter a Stormwater Management Agreement acceptable to the City. Said Stormwater Management Agreement shall be executed and recorded prior to the earlier of the (i) sale of the first residential lot in the Subdivision, or (ii) the City’s issuance of the first building permit for the Subdivision (which said recordation shall be a condition precedent to the sale of that lot and issuance of that permit, respectively).

60. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

Agenda Item #4.6:

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23 61. Each party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.

62. The parties warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.

63. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

64. This Agreement may be amended only by a written instrument signed by the Parties.

Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

65. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

66. All exhibits attached hereto are incorporated into this Agreement:

Exhibit A: Legal Description
Exhibit B: Performance Security
Exhibit C: Payment Security
Exhibit D: Maintenance Warranty
Exhibit E: Environmental Warranty
Exhibit F: Form of Maintenance Bond

67. Notwithstanding the provisions and additional agreements, instruments or documents required herein, this Agreement, together with its specific references, attachments, and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the parties regarding the construction, installation and warranty of the Improvements and the Improvements. Neither party shall be liable for any representations made, express or implied, not specifically set forth herein. It is the intention of the parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations, or agreements, written, electronic or oral, between the parties with respect to the construction, installation and warranty of the Improvements and the Work.

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Agenda Item #4.6:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer, Oriana Hart, PW Admin & Project
Manager
Agenda Item Title
Discussion, Consideration, and Possible Action to Adopt a Resolution Adopting the Specifications for the 2022 Citywide Slurry Seal Project No. 2201 (Project); Accepting the Bids and Awarding a Contract to VSS International, Inc of West Sacramento, CA; and Authorizing the City Manager to Execute a Construction Contract in the Amount of $255,000.00
Summary
The 2022 Citywide Slurry Seal Project (project) is a part of the City’s commitment to keeping the City’s streets and multi-use pathways in a safe and functional condition for multi-modal circulation. The project generally involves street surface treatment (slurry seal) for up to fourteen (14) streets and two (2) multi-use pathway segments throughout the City. Specifically, the improvements consist of surface preparation; crack seal; removal and replacement of pavement striping and markings; bollard replacement at pathway trail heads; protection of existing utility structures, curb and gutter, and cross gutter; traffic control; and other related work.

Budget
On June 22, 2021, the City Council adopted the Fiscal Year 2021/22 Capital Improvement Budget. This budget included funding for the Annual Slurry Seal projects, as follows:
$ 444,114 Road Maintenance and Rehabilitation Account (RMRA) (From Senate Bill 1: Road Repair and Accountability Act) $ 444,114 Slurry Seal Budget
The minimal General Fund budget in the slurry seal project is for design and for maintenance of multi-use paths, and is counted towards the City’s Transportation Measure M maintenance of effort.

Streets and pathways to be included in the 2022 Citywide Slurry Seal Project were selected using the City’s Pavement Management Program and coordination with the City Staff. On April 15, 2022, the City advertised the project for bids. The bid opening was held on May 5, 2022.

Four (4) bids were received and are summarized in Table 1 (Bid Results) attached. For the areas included in the project, please refer to Table 2 (Slurry Seal Street and Bicycle Path Segments) and Figure 1 (Location and Limits of Slurry Seal and Sign Placement). The bids included a schedule of Alternate Bid Prices, to be used for potential change orders to include additional streets in the project. Based on the bids received and the project budget, additional streets will be included in the project. The City has the right to reject any and all bids and to waive any defects or irregularity in the bidding.

The lowest responsive base bid from a responsible bidder was $255,000.00 from VSS International, Inc.. Based on the bid amount, some or all of the bid alternate streets would be Agenda Item #4.7:

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added to the project. The lowest bid is below the engineer’s estimate of $336,100. After contract award, a Contract Change Order will be executed with the contractor to add some slurry seal street and/or bicycle pathway segments to the project scope as outline in the construction documents. With this Contract Change Order, the total project cost (including 10% contract contingency and construction administration and engineering support during construction) would be within the budgeted amount of $444,114. The slurry seal street and/or bicycle pathway segments to be added under the Contract Change Order have not yet been determined from the list of bid alternates included in Table 3. After these segments have been identified and prior to project construction, the scope change and the segments to be slurry sealed will be noticed to the public and the City Council.

As noted above, the funding source for the construction of the project ($444,114) is from the Road Maintenance and Rehabilitation Account (RMRA) through Senate Bill 1: Road Repair and Accountability Act (SB 1). On April 6, 2017, the California State Legislature passed the Road Repair and Accountability Act, winning a two-thirds majority in both the Senate and Assembly.

The bill levied a 12 cent per gallon tax on gasoline and a 20 cent per gallon tax on diesel fuel, and it also raised annual vehicle registration fees by $25 to $175, depending on vehicle value.

The revenue raised from this measure is used primarily to repair existing roads, bridges, add bicycle lanes, and increase funding for mass transit projects. SB 1 invests $5.4 billion annually in California's transportation systems, and every county in California is receiving infrastructure investments from this legislation. State transportation infrastructure receives roughly half of the SB 1 funding. Cities, counties, and transit agencies will also share $26 billion in funding to improve streets and roads, expand the state’s growing network of pedestrian and cycle routes, and increase transit service.

For cities, SB 1 doubles the amount of revenues received from the state for local street maintenance and rehabilitation needs. Annually, $500 to $650 million is going to cities statewide, allocated on a per capita basis. A vast majority of the new revenues for cities comes out of the newly created RMRA where cities have to prioritize fixing their existing infrastructure first before having some additional flexibility for those funds for other transportation needs. Under SB 1, the City of Sonoma estimates that it will receive over $200,000 per year. This funding has been programmed for slurry seal maintenance to protect and preserve our streets. SB 1 is an important source of funding for cities across California.

Recommended Council Action
It is recommended the City Council adopt a resolution adopting the specifications for the 2022 Citywide Slurry Seal Project No. 2201; accepting the bids and awarding a contract for the base bid only to VSS International, Inc. of Modesto, CA; and authorizing the City Manager to execute a construction contract in the amount of $255,000.00.

Alternative Actions
Reject all bids. Project streets and pathways would not be slurry sealed, deferring maintenance to a later time, although the City’s SB 1 – RMRA funds are restricted to such purposes. The condition of the City’s pavement would continue to decline.

Financial Impact
The City Council approved funding in the amount of $444,114 of Senate Bill 1: The Road Repair and Accountability Act of 2017 (SB 1) funds for the construction of the 2022 Citywide Slurry Seal Project in the Fiscal Year 2020/21 Capital Improvement Program budget. The project construction utilizing funds provided through SB 1 would be limited to the slurry seal treatment Agenda Item #4.7:

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and striping for the street segments. The use of SB 1 funds for this project was authorized by the City Council through Resolution 33-2021 at their May 17, 2021 meeting. A portion of the budgeted funds are needed for a 10% contract contingency. As the lowest responsible bid is below the budgeted amount for the project construction phase, City staff would execute a Contract Change Order to add bid alternate street and pathway segments to the construction contract scope within the budgeted amount.

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CITY OF SONOMA
RESOLUTION NO. ___- 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ADOPTING THE SPECIFICATIONS FOR THE 2022 CITYWIDE SLURRY SEAL PROJECT NO. 2201 (PROJECT); ACCEPTING THE BIDS AND AWARDING A CONTRACT TO VSS INTERNATIONAL, INC. OF WEST SACRAMENTO, CALIFORNIA; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT IN THE AMOUNT OF $255,000.00
WHEREAS, the 2022 Citywide Slurry Seal Project No. 2201 (project) was advertised for construction bids and four (4) bids were received electronically and publicly opened in an online bid opening on May 5, 2022; and
WHEREAS, the request for construction bids included four alternate street segments; and
WHEREAS, VSS International, Inc. of West Sacramento, California (Contractor) has been determined to be the responsible bidder submitting the lowest responsive bid in the amount of $255,000.00; and
WHEREAS, the City Council budgeted a total of $444,114.00 in the Fiscal Year 2021/22 Capital Improvement Program budget for the construction of the project, which was anticipated to cover the construction contract cost, a 10% contingency, and the cost of construction administration and engineering support during construction; and WHEREAS, based on the lowest responsive bid amount, the project budget for the construction phase is sufficient to include the alternate street segments; and WHEREAS, the project budget for the construction phase is sufficient to cover the Contractor’s bid amount as well as a 10% contingency and the cost of construction administration and engineering support during construction; and WHEREAS, City staff will execute a Contract Change Order to increase the project scope to be within the project budgeted amount; and
WHEREAS, the project is categorically exempt under CEQA pursuant to Section 15301(c) (Existing Facilities) of the CEQA guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby adopts the Specifications for the 2022 Citywide Slurry Seal Project No. 2201; and BE IT FURTHER RESOLVED that the City Council of the City of Sonoma declares, based on the information contained within the bid documents, that the bid of the apparent low bidder, VSS International, Inc of West Sacramento, CA is responsive; and BE IT FURTHER RESOLVED that the City Council of the City of Sonoma authorizes the City Manager to execute a construction contract in the amount of $255,000.00.

Agenda Item #4.7:

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ADOPTED this 18th day of May 2022 by the following vote:

AYES:

NOES:

ABSENT:
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #4.7:

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FIGURE 1
0 360 720 1,080 1,440
Feet
Project No.

Revision No. 0000
12573685
Date 03.25.2022
City of Sonoma
2022 Citywide Slurry Seal Project
Horizontal Datum: North American 1983
Grid: GCS North American 1983
Paper Size ANSI A
o N:\US\Santa Rosa\Projects\561\12573685\GIS\Maps\Deliverables\PDF for City Council Staff Data source: . Created by: emorris2 Report\12573685 - Figure 1.mxd
Print date: 25 Apr 2022 - 12:19

LOCATION AND LIMITS

OF SLURRY SEAL
Legend
Base Bid Slurry Seal - Streets Limits
Base Bid Slurry Seal - Pathways Limits
Potential Additional Streets
Linda Dr Joaquin D
So
r
noma Bike Path
5th St W
W Spain St
Andrieux St
Creek Ln
White Briar Dr
Leveroni Rd
Saunders Dr
Sonoma Bike Path
Agenda Item #4.7:

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Attachment 2
Table 1, Bid Results
Bidder Name Company Location Base Bid Amount
Engineer’s Estimate $336,100.00
1 VSS International, Inc. West Sacramento, CA $255,000.00 2 Pavement Coatings Co. Sacramento, CA $267,564.00
3 Dryco Construction, Inc. Sacramento, CA $287,630.58
4 Sierra Nevada Construction, Inc. Sparks, NV $290,007.00 Table 2, Slurry Seal Street and Bicycle Path Segments (Base Bid) No. Street (Slurry Seal
Application Area)
Limits of Work Approximate Quantity
Limit From Limit To Length
(ft)
Avg.

Width
(ft)
Area
(sf)
1 Andrieux Street Fifth Street West Fourth Street West 611 33 20,163 2 Fifth Street West Andrieux Street
West MacArthur
Street 1134 49 55,566
3 Garland Avenue
D/E s/o White
Briar D/E n/o White Briar 305 33 10,065
4 Joaquin Drive Lasuen Street Fifth Street West 1580 33 52,140 5 Joaquin Drive
D/E s/o Mitchell
Way
10’ s/o Main Bike
Path 465 33 15,345
6 Leveroni Road Hiking Path David Street 650 48 31,200
7 Leveroni Road David Street 234’ w/o Broadway 695 38 26,410 8 Linda Drive Fifth Street West Fourth Street West 646 33 21,318 9 Linda Drive Fifth Street West Mitchell Way 591 33 19,503 10 Mariano Court Mariano Drive Cul de Sac 198 33 6,534
11 Mariano Drive Fano Lane House #705 302 33 9,966
12 Saunders Drive Brockman Lane Fifth Street West 1000 26 26,000 13 West Spain Street Third Street West Second Street West 650 37 24,050 14 White Briar Drive Garland Avenue Heather Lane 567 33 18,711 Total for Base Bid (Streets) (Rounded) 336,980
No.

Pathway (Slurry
Seal Application
Area)
Limits of Work Approximate Quantity
Limit From Limit To Length
(ft)
Avg.

Width
(ft)
Area (sf)
1 MBP-01 Fourth St East Second St East 1330 10 13,300
2 MBP-08 Joaquin Drive Junipero Serra Drive 305 10 3,050 Total for Base Bid (Pathway Segments) (Rounded) 16,350
Agenda Item #4.7:

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Table 3, Slurry Seal Street Segments (Bid Alternates)
No.

Street (Slurry Seal
Application Area)
Limits of Work Approximate Quantity
Limit From Limit To Length
(ft)
Avg.

Width
(ft)
Area (sf)
1 Natalina Court Joaquin Drive Cul de Sac 111 64 7,104
2 Ortega Court Mariano Drive Cul de Sac 141 33 4,653
3 Fifth Street West West Napa Street West Spain Street 619 37 22,903 4 Andrieux Street Cul de Sac Fifth Street West 1,242 39 48,438 Total for Bid Alternates (Streets) (Rounded) 83,100
Agenda Item #4.7:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - May 18 2022
Department
Administration
Staff Contact
Jeffrey A. Walter, City Attorney
Agenda Item Title
Discussion, Consideration and Possible Action to Approve a Resolution and Employment Agreement Appointing Sue Casey as Interim City Manager Effective May 18, 2022 Summary
The City of Sonoma is in the process of recruiting for a permanent, full-time City Manager.

Before hiring the permanent, full-time City Manager, the City requires the services of an interim City Manager. The City Council currently wishes to retain an employee to act as and perform the duties of Interim City Manager.

At their February 16, 2022 meeting, the Sonoma City Council appointed Sue Casey, the City’s Assistant City Manager, as Acting City Manager. Council approved Mrs. Casey’s appointment during the regular City Council meeting. The City Council now wishes to appoint Sue Casey as the Interim City Manager.

Attached as Exhibit A is a copy of the employment agreement between the City of Sonoma and Sue Casey. This agreement outlines compensation, benefits, terms, and conditions of employment as Interim City Manager. The salary has been set at the current adopted City of Sonoma, City Manager salary of $215,900 per year. The agreement further provides general benefits at the same level the previous City Manager received.

The City Manager is hired by and serves at the pleasure of the elected City Council. The City Council is the policy-making body, and the City Manager implements the Council’s direction.

In a private sector model, the City Council is similar to the Board of Directors and the City Manager is like the Chief Executive Officer. The City Manager manages the organization on a daily basis, hires staff, oversees the budget, and drives forward the City Council’s projects and initiatives. The position of Interim City Manager requires specialized skills, including but not limited to advanced management, budgeting, and negotiating which Sue Casey has. Sue Casey was the Assistant City Manager for the City of Sonoma from October 1, 2017 until February 16, 2022, when she was appointed Acting City Manager.

Recommended Council Action
Approve the Resolution and Employment Agreement Appointing Sue Casey as Interim City Manager Effective May 18, 2022.

Alternative Actions
Council discretion.

Financial Impact
See agreement.

Agenda Item #6.1:

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Page 135 of 154 ends

277139.1
City of Sonoma
CITY OF SONOMA RESOLUTION # ____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SONOMA

APPROVING THE EMPLOYMENT AGREEMENT

BETWEEN THE

CITY OF SONOMA AND SUE CASEY FOR THE

POSITION OF INTERIM CITY MANAGER AND

AUTHORIZING THE MAYOR TO EXECUTE THE

CONTRACT
WHEREAS, the City of Sonoma is in the process of
recruiting for a permanent, full-time City Manager and
wishes to retain the services of an interim City Manager; and
WHEREAS, the City Council at their February 16,
2022, meeting appointed Sue Casey as Acting City
Manager (ACM) of the City of Sonoma, on a temporary
basis, pending the recruitment of a permanent
replacement to fill the position; and
WHEREAS, The City Council now wishes to
appoint Sue Casey as the Interim City Manager; and
WHEREAS, it is the desire of the City and Sue
Casey to enter into an Employment Agreement concerning
compensation, benefits, terms, and conditions of
employment as the Interim City Manager (Exhibit A –
Interim City Manager Contract); and
WHEREAS, Sue Casey is agreeable to performing
the duties of Interim City Manager under the terms and
conditions of this Agreement; and
WHEREAS, the position of Interim City Manager
requires specialized skills, including but not limited to advanced management, budgeting, and negotiating and
Sue Casey has those skills; and
WHEREAS, Sue Casey was the Assistant City
Manager for the City of Sonoma from October 1, 2017 until February 16, 2022, when she was appointed Acting City
Manager.

NOW, THEREFORE, BE IT RESOLVED by the
City Council of the City of Sonoma that the Employment
Agreement attached hereto as Exhibit A between the City of Sonoma and Sue Casey, appointing Casey to the
Agenda Item #6.1:

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277139.1
position of Interim City Manager, effective February 16, 2022, is hereby approved and adopted, and the Mayor is
authorized and directed to sign and execute the
Employment Agreement on behalf of the City.

PASSED and ADOPTED by the City Council of the
City of Sonoma, this 18th day of May 2022, by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
_____
_____
_____
_____
____
Jack Ding, Mayor
_____
_____
_____
_____
_____
____
Rebek
ah
Barr,
MMC,
City
Clerk
Agenda Item #6.1:

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Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 1 276296.2

EMPLOYMENT AGREEMENT

INTERIM CITY MANAGER
THIS AGREEMENT (“Agreement’) is entered into and is effective as of the 18th day of May 2022 (“Effective Date”), by and between the CITY OF SONOMA, a general law city, (hereinafter referred to as "City") and Susan Casey (hereinafter referred to as “Employee") as Interim City Manager (hereinafter referred to as "Interim City Manager" or “ICM”).

R E C I T A L S
WHEREAS, up until February 16, 2020, Employee was employed by the City as its Assistant City Manager (a job position covered by the City's civil service rules). Effective February 16, 2022, Employee was retained by the City as its Acting City Manager which position Employee currently enjoys, but the City desires to employ the services of Employee as Interim City Manager and to perform such other assigned duties as may be set forth herein; and WHEREAS, the City is in the process of recruiting for a permanent, full-time City Manager and wishes to retain the services of an Interim City Manager in the interim; and WHEREAS, the City Council is desirous of employing Employee to act as and perform the duties of Interim City Manager; and
WHEREAS, the Employee is agreeable to performing the duties of ICM under the terms and conditions of this Agreement; and
WHEREAS, the City has adopted an ordinance establishing the City Manager form of government in the City of Sonoma; and
WHEREAS, it is the desire of the City and Employee to enter into an Employment Agreement concerning compensation, benefits, terms, and conditions of employment as the Interim City Manager and to serve the following purposes:

A. To retain Employee to perform services in a professional manner and to provide her compensation and employment benefits which will induce Employee to remain in the employment of the City as Interim City Manager for the needed period of time (as determined in the sole discretion of the City Council); B. To assure Employee that, except as provided hereinafter, upon her termination as Interim City Manager, she shall return to the performance of her duties as the Assistant City Manager earning the same salary and enjoying the same benefits she would have earned and enjoyed, respectively, had she remained employed as the Assistant City Manager during the term of this Agreement; and
C. To reserve to the City, however, a fair and just means of (i) terminating the employment of Employee as Interim City Manager in the event that Employee, for any reason, becomes unable or unwilling to discharge fully the duties of the office of Interim City Manager, or (ii) terminating the employment of Employee as Interim City Manager in the Agenda Item #6.1:

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Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 2 276296.2
exercise of the right of the City Council to fill the position of City Manager as the Council sees fit, and in all events to reserve to the City the right and ability to terminate Employee’s position as Interim City Manager at the will of the City Council when the position of City Manager is filled by a permanent employee or at any other time, with or without reason; and WHEREAS, Employee accepts employment with the City as the Interim City Manager under the provisions set forth herein.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

AGREEMENT

1. EMPLOYMENT. City hereby employs the Employee, and the Employee hereby accepts employment with the City in the position of Interim City Manager, on the terms and conditions and for the compensation herein set forth.

2. SCOPE OF DUTIES AND SERVICES.
a. Under the terms and conditions of this Agreement, Employee shall personally provide all the services and duties ordinarily performed by the City Manager for the City under the direction and control of the City Council and as set forth in the Sonoma Municipal Code and other applicable, written policies and rules. Among other things, Employee has the authority to interview, hire and fire employees, and direct the workforce subject to the specific limitations set forth in the Sonoma Municipal Code. In addition, Employee shall serve as Interim Executive Director of the Successor Agency to the Dissolved Sonoma Community Development Agency. Employee shall perform her obligations and responsibilities diligently within the time parameters indicated by the City Council, applying the highest degree of professionalism, ethics, integrity, and competency to the discharge of every aspect of her obligations. Employee shall also retain the position and perform all the duties of the Assistant City Manager concurrently with those of Interim City Manager.
b. Employee shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (“FPPC”). c. Employee agrees to remain in the exclusive employ of the City during the term of this Agreement. Employee shall dedicate her full energies and qualifications to her employment as the Interim City Manager and shall not engage in any other employment except as may be specifically approved in writing in advance by the City Council.

3. TERM. The term of this Agreement shall begin on the Effective Date and shall terminate as set forth hereinbelow.

4. COMPENSATION. For the services to be provided pursuant to this Agreement, Employee shall receive the following compensation and benefits:

Agenda Item #6.1:

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Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 3 276296.2
a. Compensation. Employee shall be paid an annual base salary of two hundred fifteen thousand, nine hundred dollars ($215,900.00). Thereafter, Employee's base salary shall be increased by the same percentage and at the same time any discretionary acrossthe-board increase is granted to the City's exempt management employees (“management employees”) covered by the Resolution Adopting Terms and Conditions of Employment for Non-Represented Confidential Personnel and for Executive, Management and Administrative Personnel (“Exempt Management Compensation Program”). Employee's salary shall be payable in installments at the same time as other management employees of the City and in accordance with established City procedures.
b. General Benefits. Except as may be otherwise provided herein, Employee shall be provided the compensation and benefits offered to all other department heads as provided for in the Exempt Management Compensation Program. c. Automobile. Employee’s duties require that she shall have the use of an automobile at all times during employment with the City. City shall reimburse Employee Five Hundred Dollars ($500.00) per month for the expenses of owning, maintaining, and insuring a personal automobile. The amount of reimbursement shall be evaluated each fiscal year and, if appropriate, adjusted to reflect increased costs. The auto allowance shall appear on Employee’s payroll stub as ordinary taxable income and as part of his salary, but it shall not be considered part of Employee’s base salary for purposes of this Agreement. Employee shall be responsible for all operation expenses, maintenance expenses, replacement costs, and insurance for the automobile. Employee shall at all times maintain insurance for the automobile in an amount and with coverages acceptable to the City, name the City as an additional insured thereon, provide the City evidence of such insurance and shall inform his insurer that the automobile is used for personal and business purposes.
d. Deferred Compensation. City shall provide Employee with a deferred compensation plan into which she may deposit funds from her salary. A City contribution of Seventy-Five Hundred Dollars ($7,500.00) per year/$288.50 per pay period, shall be deposited into the deferred compensation plan of the Employee’s choice. e. Administrative Leave. Employee shall be entitled to twenty (20) days/160 hours of administrative leave annually on July 1 of each year. Upon the commencement date of this Agreement, the Employee shall be credited with a pro-rata share of the Administrative Leave. This leave shall not accrue nor have cash value. f. Cash Out of Accrued Leave. Employee shall retain the rights she enjoyed as the Assistant City Manager under the Exempt Management Compensation Program in terms of the timing of her right to “cash out” accrued but unused leaves. However, the hourly rate upon which the amount of said “cash out” is to be calculated shall be based on the time served in each position (Interim City Manager vs. Assistant City Manager).

5. REINSTATEMENT AS ASSISTANT CITY MANAGER -- Notwithstanding anything to the contrary stated herein, during the term of this Agreement, Employee may, upon giving the City 30 days’ advance written notice, resign her position as Interim City Manager and return to the position of and be reinstated as the Assistant City Manager. Upon her reinstatement Agenda Item #6.1:

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Exhibit A
C:/JAW/Sonoma/Personnel/Acting City Manager Contract.doc 4 276296.2
as the Assistant City Manager, she shall enjoy those benefits set forth in and be subject to the terms and conditions of the Exempt Management Compensation Program. a) In the event that Employee returns to the position of and is reinstated as the Assistant City Manager for any reason hereunder, Employee’s salary and benefits shall be adjusted to match that which would have been in effect at the time she is so reinstated had she not entered into this Agreement and had, during the term of this Agreement, retained and performed the duties of her position as Assistant City Manager. Any benefits or rights that she enjoyed as the Interim City Manager under the Exempt Management Compensation Program shall terminate upon her resumption of her Assistant City Manager position. Under such circumstances, it shall be presumed that during the term of this Agreement Employee did not and would not have received any salary increases as the Assistant City Manager as a result of any performance evaluations.
b) During the term of this Agreement, the Assistant City Manager position shall be considered a temporary position, and, in the event that Employee determines that said position should be filled by a person other than herself, the position shall be communicated as a temporary position. It shall have a term lasting no longer than thirty days and shall be terminable at will. It shall be subject to a written employment agreement or contract containing, at a minimum, the terms specified herein. The person (“hiree”), if any, hired to fill said temporary position, shall be informed in writing that Employee has the right to “bump” said hiree out of the Assistant City Manager position should Employee’s employment as Interim City Manager terminate, and Employee therefore be entitled to be reinstated to said Assistant City Manager position.

6. TERMINATION AND RESIGNATION. Notwithstanding anything to the contrary stated herein, the City Council has the right, upon thirty (30) days advance written notice to Employee, to terminate Employee at any time during the term of this Agreement with or without cause, and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time without cause, subject only to the provisions set forth in this Section 6. The parties agree that Employee serves at the will of the City Council. Employee waives any and all rights that she may have (i) to challenge or appeal any such termination or (ii) to invoke any due process (procedural or substantive) rights or protections as conditions to the City's right to terminate her employment hereunder.
a. Except as is provided hereinafter, upon the City Council’s termination of Employee’s employment as Interim City Manager, Employee shall have the right to be reinstated to the position of Assistant City Manager under the same terms and conditions set forth in Section 5(a), above.
b. Notwithstanding the foregoing to the contrary, if Employee is terminated as the Interim City Manager for any or all of the reasons set forth below, then: (i) she shall not be entitled to be reinstated as the Assistant City Manager, and (ii) she shall not be entitled to any severance pay under the Exempt Management Compensation Program:

Agenda Item #6.1:

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Sonoma City CouncilMay 18, 2022

Sonoma City Council
May 18, 2022