Sonoma City Council
January 23, 2023

City Council:

Sandra Lowe, Mayor
John Gurney, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
Ron Wellander
This meeting of the City Council will be conducted in person, and telephonically through Zoom. The City Council will attend the meeting in person. The public is encouraged to attend either in person or remotely through Zoom. The meetings will continue to be live streamed on the City’s CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel. Please see the agenda below for information on public participation.

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Monday, January 23, 2023
https://us06web.zoom.us/j/83552502390
Passcode: 124626
6:00PM Regular Meeting
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 (Ding, Farrar-Rivas, Gurney, Wellander, Lowe)

PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

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

2. MEETING DEDICATIONS

3. PRESENTATIONS

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

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

4.2: Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. for the City of Sonoma’s 2023 Water Rate Study Update in an Amount Not to Exceed $70,338 and Authorize a FY2022/23 Water Fund Budget Amendment of $10,000 in Legal Services (G/L# 510-62001-310-50310) to Increase the Appropriation from $20,000 to $30,000 for Legal Guidance During the Rate Study. (Public Works Director/City Engineer)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - Raftelis Financial Consultants Contract - Pdf 6 - 19

4.3: Adopt a Resolution Authorizing the City Manager to Enter into a Professional Services Contract with RISE Housing to Monitor and Administer the City of Sonoma’s Below Market Rate (BMR) Program Units, Both Ownership and Rental, and to Establish a Waiting or Eligibility List to Expedite and Ensure Compliance when BMR Units become Vacant. (Interim Planning & Community Services Director)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - Rise Housing Contract - Pdf
20 - 43

4.4: Receive Minutes from the Regular Meetings of December 7, 2022 and December 14, 2022 (City Clerk)
RECOMMENDATION: Receive the Minutes.

12.7.22 Regular Meeting Minutes

12.14.22 Regular Meeting Minutes
44 - 49

4.5: Adopt a Resolution Authorizing the City Manager or his Designee to Enter into a Professional Services Contract with M-Group Consulting Firm for up to $50,000 to Provide an Associate Planner Level Contract Planner to the City of Sonoma Approximately 20 hours per Week through June 2023. (Interim Planning & Community Services Director)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - M-Group Consulting Contract - Pdf
50 - 52

4.6: Adopt a Resolution a Resolution of the City Council of the City of Sonoma Authorizing the Interim City Manager to Execute a Contract with RE Maher in the Amount not to Exceed $75,000 to Provide On-Call Concrete Services as Needed. (Public Works Director/City Engineer)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - RE Maher Contract - Pdf
53 - 70

4.7: Adopt an Ordinance Amending the Sonoma Municipal Code Amending Title 14, Section 14.27.030 (Definitions) to Align the Definition of a Duplex with Recent Changes to Chapter 19.92 (Definitions); Title 19, Chapter 19.10 (Zones and Allowable Uses) to Ensure Consistency between 19.10 and 19.40.050 (Hillside Development) Regarding the Requirement for a Single-Family Residence to Obtain a Use Permit in the Hillside Residential (R-HS) Zoning District and Other Minor Corrections and Amending Section 19.44.060 (Continued Availability) to Clarify Terms of Affordability and Finding such Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) - General Rule - of the CEQA Guidelines. (Associate Planner)
RECOMMENDATION: Adopt the Ordinance.

Agenda Report - Ordinance Adoption - Zoning Code Clean Up - Pdf 71 - 89

4.8: Adopt a Resolution Approving Temporary Use of City Streets by Motiv Servicing for the Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Rosé 5K on Saturday, July 15, 2023, and Half Marathon on Sunday, July 16, 2023. (Senior Management Analyst)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - Half Marathon Street Use Request - Pdf
90 - 104

4.9: Adopt a Resolution Authorizing the Creation and Addition of a New Engineering Technician I / II Position and Direct the Interim City Manager to Initiate the Recruitment Process. (Public Works Director/City Engineer) RECOMMENDATION: Adopt the Resolution.

Agenda Report - Engineering Technician I/II - Pdf
105 - 112

4.10: Accept the Expenditure Report for the Month of December 2022. (Deputy Finance Director)
RECOMMENDATION: Accept the Report.

Agenda Report - Expenditures - December 2022 - Pdf
113 - 118

4.11: Adopt a Resolution of the City Council of Sonoma as Successor Agency Approving the FY 23-24 Recognized Obligation Payment Schedule [ROPS] for the period July 1, 2023, through June 30, 2024. (Deputy Finance Director) RECOMMENDATION: Adopt the Resolution.

Agenda Report - FY23-24 Recognized Obligation Payment Schedule [ROPS] - Pdf
119 - 125

4.12: Approve and Ratify the Nomination for the Appointment of Laurie Gallian as the City's representative on the Marin/Sonoma Mosquito & Vector Control District Board of Trustees for a Four Year Term (City Clerk) RECOMMENDATION: Ratify the Nomination.

Agenda Report - Appointment Ratification - Laurie Gallian - Pdf 126 - 129

5. PUBLIC HEARING

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

6.1: Consideration, Discussion and Possible Action to: Receive a Report from the City's Homelessness Consultant Andrew Hening Including an Update on the Current State of Homeless Services in Sonoma Valley; Adopt a Resolution Authorizing the City Manager to Execute a Six Month Agreement with Andrew Hening Consulting LLC for Homeless Strategic Planning and By-Name List Community Case Conferencing Services For January 30, 2023 thru July 31, 2023. (Senior Management Analyst)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - Andrew Hening Consulting LLC Report & Agreement - Pdf 130 - 197

6.2: Consideration, Discussion, and Possible Action to Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Ann Baker Landscape Architecture Services in an Amount not to Exceed $100,000 to Provide On-Call Landscape Architect Services as Needed. (Public Works Director/City Engineer)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - Ann Baker Landscape Architect Contract - Pdf 198 - 226

6.3: Consideration, Discussion, and Possible Action Regarding the Mayor's Assignment of Council Members to Various Boards and Committees and Council Ratification of the Mayor’s Assignments. (City Clerk) RECOMMENDATION: Ratify Mayor's appointments.

Agenda Report - Council Appointments - Pdf
227 - 231

6.4: Consideration, Discussion, and Possible Action to Make Appointments to the City of Sonoma Planning Commission, Climate Action Commission, Cultural & Fine Arts Commission, Design Review and Historical Preservation Commission, Parks, Recreation, and Open Space Commission, and Traffic Safety Committee (City Clerk)
RECOMMENDATION: Make the appointments.

Agenda Report - Commission/Committee Appointments - Pdf 232 - 459

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. COMMISSION AND COMMITTEE ROSTER
(This is to provide information only - no action will be taken)

10.1: Commission Committees Roster 09.30.22 460

11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk/Executive Assistant.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

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

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

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

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

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

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

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. for the City of Sonoma’s 2023 Water Rate Study Update in an Amount Not to Exceed $70,338 and Authorize a FY2022/23 Water Fund Budget Amendment of $10,000 in Legal Services (G/L# 510-62001-310-50310) to Increase the Appropriation from $20,000 to $30,000 for Legal Guidance During the Rate Study Summary
The City of Sonoma owns and operates a water transmission and distribution system with the service goal of providing clean drinking water to customers. The creation of rates to charge water customers requires a detailed financial and rate analysis process in order to create a sustainable financial plan, an optimal rate structure based on various policy objectives and to ensure compliance with Proposition 218. Proposition 218 is a state law that limits the methods by which local governments can create or increase taxes, fees and charges.

Due to the recent unprecedented drought, continual changes in laws governing water rates and concerns raised by members of the public, the City Council budgeted funding in the FY22/23 budget and directed staff to initiate a comprehensive water rate study and analysis. On September 12, 2022, the City released a Request for Proposal (RFP) to prepare a water rate study to update the City’s 2018 Water Rate Study (2018 Study) prepared by Raftelis Financial Consultants.

Staff has completed review of the consultant proposals and is recommending the City contract with Raftelis Financial Consultants to conduct the water rate study. In addition, staff is recommending the City budget additional legal services from Colantuono, Highsmith & Whatley, PC, who specializes in water rate studies and water law/litigation to guide the City in this process.

Recommended Council Action
Adopt a resolution.

Alternative Actions
Council discretion.

Financial Impact
The FY2022/23 Water Utility Fund Budget included an appropriation for the 2023 Water Rate Study and there are sufficient funds to cover the cost of the $70,338 Professional Services Agenda Item #4.2:

Agreement with Raftelis Financial Consultants, Inc. The FY2022/23 Water Utility Fund Budget also included an appropriation of $20,000 for legal services. The FY2022/23 Water Utility Fund budget in legal services (G/L# 510-62001-310-50310) will need to be increased by $10,000 to increase the appropriation from $20,000 to $30,000.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Water Rate Study Contract Awards
City of Sonoma_ Water Rate Consulting Servs Agreement _ DRAFT Alignment with Council Goals:

INFRASTRUCTURE:

To provide reliable, safe and effective infrastructure (streets and roads, sidewalks, parking and pedestrian safety) throughout the City; maintain the high level of service and reliability of City facilities; monitor, mitigate and reduce community impacts related to development, infrastructure repair, community events or other outside agencies.

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.2:

City of Sonoma
RESOLUTION # -2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC., FOR THE CITY OF SONOMA’S 2018 WATER RATE STUDY UPDATE IN AN AMOUNT NOT TO EXCEED $70,338 AND AUTHORIZE A FY 2022/23 WATER UTILITY FUND BUDGET AMENDMENT OF $10,000 IN LEGAL SERVICES (G/L# 510-62001-310-50310) TO INCREASE THE APPROPRIATION FROM $20,000 TO $30,000
WHEREAS, on September 12, 2022, City staff released a Request for Proposal (RFP) to prepare a water rate study to update the City’s 2018 Water Rate Study (2018 Study) prepared by Raftelis Financial; and
WHEREAS, the 2018 Study was considered and adopted by City Council at a public hearing pursuant to Proposition 218 noticing requirements on June 18, 2018 and recommended rates that were projected to provide for funding of operations, capital improvements, debt service, debt reserves and available working capital over the following five years; and WHEREAS, the City is updating the 2018 Water Rate Study to ensure the City’s water rates recover all costs and fairly allocate those costs among our customers; and WHEREAS, there has also been significant changes in the law and changing case law governing water rates since the City adopted the 2018 Study and conservation by residents during the drought has impacted the revenues of the Water Fund; and
WHEREAS, City staff solicited and received proposals from two qualified water rate consultants and selected Raftelis Financial Consultants based on the firm’s superior qualifications; and WHEREAS, there is a need for legal assistance with specialized expertise to guide the City Council during this rate making process and Colantuono, Highsmith & Watley, PC, has demonstrated the experience to assist going forward.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma that the City Manager is hereby authorized:

1. To execute a Professional Services Agreement with Raftelis Financial Consultants in an amount not to exceed $70,338;

2. To amend the FY 2022/23 Water Utility Fund Legal Services budget (G/L# 510-62001- 310-50310) to increase the appropriation from $20,000 to $30,000 The foregoing resolution was duly adopted this 23rdday of January 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Lowe, Mayor
ATTEST:

Rebekah Barr, City Clerk
Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22

LIMITED SCOPE AGREEMENT FOR CONSULTING SERVICES
(Colantuono, Highsmith & Whatley, PC / City of Sonoma / Raftelis)

1. Identification
This Agreement for Consulting Services (“Agreement”) is entered into by and among Colantuono, Highsmith & Whatley, PC, a California professional corporation (“Attorney”), Raftelis Financial Consultants, Inc., a California corporation (“Consultant”), a provider of water rates consulting services, and the City of Sonoma, a municipal corporation (“City”).

2. Recitals
Attorney represents the City, which has determined that the professional services of Consultant are necessary to aid the City in the preparation of its 2023 Water Rate Study and provide advice in defense of any lawsuit that may arise from the consideration and/or approval of the 2023 Water Rate Study and any water rates that may be approved or established arising out of, or related to, the 2023 Water Rate Study, all such matters which shall be collectively referred to as “Lawsuit”.

Consultant represents that it is fully qualified to perform such professional services by virtue of its training, education, experience, and expertise.

Consultant further represents that it is willing to accept responsibility to perform such services in accordance with this Agreement.

3. Term
The term of this Agreement shall commence when the Agreement is signed by the last of the parties to do so. The term of this Agreement expires when a final, non-appealable judgment or dismissal is issued by a California court of competent jurisdiction adjudicating the Lawsuit, unless the term is extended by written agreement of the parties or terminated earlier in accordance with section 10 below.

4. Consultant’s Scope of Services
Consultant shall, at the request of Attorney, provide analysis, conclusions, and opinions regarding the Lawsuit, including but not necessarily limited to those services set forth in Consultant’s 58 pages October 5, 2022 Proposal for Consulting Services for 2023 Water Rate Study (“Proposal”) which is incorporated by this reference. In particular, Consultant shall communicate its analysis, and conclusions, regarding the calculation of rates for water services provided by the City of Sonoma. Raftelis is to calculate cost justified water rates using common industry practices. Raftelis shall provide no opinion on the legality Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22
of the rates implemented by the client. It is the responsibility of the Attorney to ensure compliance with Proposition 218 or any other statutory requirement.

Such analysis includes, but is not limited to, source material and analytical tables or spreadsheets, technical analysis and/or studies. Consultant shall specifically include in its analysis various funding sources for capital costs associated with the potential deployment of advanced metering infrastructure by the City of Sonoma, even though this analysis was not expressly included within Consultant’s Proposal.

Consultant shall participate in telephone conferences, meetings, site visits, and other similar activities as may be requested by Attorney.

Attorney may request, in writing, changes in the scope of Consultant’s services. Any such change, and any corresponding increase or decrease in compensation, must be mutually agreed upon by Attorney, the City and Consultant, and shall be incorporated by written amendment to this Agreement.

Consultant will act as an independent consultant. All of Consultant’s reports, advice, and testimony will be objective and impartial, based upon Consultant’s good faith analysis and professional conclusions and opinions.

Consultant makes no representation or guarantee of any nature with respect to the ultimate results, outcomes, conclusions, or opinions that Consultant may reach in connection with its services under this Agreement.

4.6 Consultant’s Scope of Service under this Agreement shall not include serving as an expert witness in the lawsuit, which would require an additional agreement or engagement letter.

5. Compensation
City agrees to compensate Consultant for all its time devoted to services performed under this Agreement at the rates and for the fees provided in pages 21-24 of the Proposal, upon Attorney’s and City’s approval of the invoices submitted in accordance with Section 5.3 herein. Consultant agrees to look to the City for payment and to hold Attorney harmless from any duty to do so.

City agrees to reimburse Consultant, at its actual cost, for reasonable out-of-pocket costs incurred by Consultant to perform the services covered by this Agreement which said costs and expenses are included in the amounts specified on pages 21 and 22 of the Proposal.

Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22
Consultant shall submit to City, with a copy to Attorney, invoices for services performed pursuant to this Agreement on a monthly basis or less frequently. For the billing period it covers, each invoice shall itemize the services rendered, out-of-pocket expenses incurred, and the amount due. City agrees to pay the amount due shown on a given invoice within thirty (30) days after City receives that invoice. Consultant shall maintain an accurate log of its time and costs incurred, and City shall be entitled to inspect a copy thereof upon request.

Payments for any services requested by Attorney and not included in this Agreement shall be made to Consultant by City pursuant to a further agreement covering those services. This further agreement shall be approved in writing by City and Attorney before Consultant performs those services.

City agrees to compensate Consultant pursuant to this Agreement irrespective of the ultimate outcome of the Lawsuit, and irrespective of the ultimate opinions and testimony Consultant provides related to the Lawsuit.

Total compensation to Consultant under this Agreement shall not exceed $70,338 without the written approval of the City Manager and Attorney given before performance of the work for which the excess compensation is sought.

6. Ownership of Written Products
All reports, documents, or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the Attorney’s property until Attorney decides to make these materials public.

Consultant may take and retain copies of its written products as desired. Nothing contained herein shall be deemed a transfer or assignment of Consultant’s trade secrets, know-how or any intellectual property rights,

7. Relationship of Parties
Consultant is and shall at all times remain, as to Attorney and the City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Attorney or the City or otherwise to act on behalf of Attorney or the City as an agent. Attorney, the City and their respective agents shall have no control over Consultant’s conduct, except as set forth in this Agreement. Consultant shall not represent that it is, in any manner, an employee of Attorney or the City.

Consultant, Attorney and the City represent that none of them is aware of any prior or existing relationship that reasonably appears to create any conflict of interest for Consultant to provide the services described in this Agreement.

Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22

8. Confidentiality
All data, documents, discussion, or other information developed or received by Consultant or provided through performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written consent by Attorney except as may be required by legal process or applicable law. Attorney shall grant such consent if disclosure is legally required. Upon request, all information of Attorney shall be returned to Attorney or the City, as the case may be, upon the termination or expiration of this Agreement.

Consultant understands that its work under this Agreement will be done at Attorney’s direction as part of Attorney’s representation of the City.

Consequently, Consultant understands that all work under this Agreement is intended to be Attorney work product that is protected from discovery under the rules of evidence.

Consultant will not discuss its work under this Agreement or share its written product with anyone other than Attorney except as authorized by Attorney. Consultant further agrees to be exclusively retained by Attorney with respect to the Lawsuit and not to serve any other party with respect to this matter the Lawsuit. The parties agree that Consultant’s performance of this promise of exclusivity is essential to this Agreement and that damages will be insufficient to remedy the harm to Attorney and the City.

Accordingly, Consultant further agrees that Attorney and City, and each of them, shall be entitled to specific performance of this promise and other appropriate remedies in a court of competent jurisdiction to ensure performance of this promise. This promise is not in derogation of Consultant’s right under Section 5.4 of this Agreement to compensation for services to Attorney not included in the Scope of Services under this Agreement.

9. Indemnification

9.1 Consultant agrees to indemnify, defend (with counsel reasonably acceptable to City), hold harmless and release the City, its officers, agents and employees, from and against actions, claims, damages, liabilities, disabilities, or expense, that may be asserted by any person or entity, including Consultant, that arises out of, pertains to, or is related to Consultant’s or its agents’, employees’’, contractors’, subcontractors’, subconsultants’ or invitees’ performance or discharge of the obligations under this Agreement to the extent such actions, claims, damages, liabilities, disabilities, or expenses are caused by the negligence, gross negligence or willful misconduct of Consultant or its agents, employees, contractors, subcontractors, subconsultants or invitees. Consultant agrees to provide a defense for a claim or action brought against City based upon Consultant’s indemnity obligations set forth above in this Section. Consultant’s Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22
obligations under this Section apply whether or not there is concurrent negligence on the City’s part, but shall not include the sole negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Consultant or its agents under workers’ compensation acts, disability benefits acts, or other employee benefit acts. It is understood and agreed by the parties and the City that Consultant’s obligation to defend under this provision shall be limited to the limits of its insurance coverage provided under 9.2 and Exhibit 1. Further, Consultant shall not be liable under 9.1 to any actions, claims, damages, liabilities, disabilities or expenses claimed under Proposition 218 unless and only to the extent proximately caused by the professional negligence of Consultant.

9.2 Consultant shall be required to carry the insurance policies specified in Exhibit 1 attached hereto and incorporated by this reference.

10. Termination
Attorney or the City may terminate this Agreement without cause at any time. Upon any termination, Consultant shall immediately return to City any uncharged deposit, but City shall pay to Consultant all earned fees and incurred costs.

Consultant may terminate this Agreement in the event of any default by Attorney or the City, if that default is not cured within ten (10) days after written notice of the default is given to Attorney by the Consultant.

The parties agree that the covenants contained in Section 6, Section 8, and Section 9 of this Agreement shall survive the expiration or termination of this Agreement.

11. General Provisions
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Any dispute regarding this Agreement shall be resolved by binding arbitration, in the City of Sonoma. The American Arbitration Association, in accordance with its commercial arbitration rules.

The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience only. Should there be any conflict between such heading and the section or paragraph at the head of which it appears, the section or paragraph, as the case may be, and not such heading, shall control. Masculine Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22
or feminine pronouns shall be substituted for the neuter and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires.

The waiver by a party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by a party unless in writing.

If any term or provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. To this end, the provisions of this Agreement are severable.

This Agreement may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same Agreement. The Parties further agree that this Agreement may be transmitted by facsimile or other electronic means and that the reproduction of signatures by facsimile or other electronic means will be binding as if originals.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

Raftelis Financial Consultants, Inc.   Colantuono, Highsmith & Whatley, PC By: _______________________________ By: _______________________________ Name: Jeffrey A. Walter
President or CEO Vice-President
Date: ________________________ Date:__________________________ By:_________________________________
Name:

Treasurer or CFO
Agenda Item #4.2:

IMANAGE\49076\4018\294144.v2-11/15/22
City of Sonoma
By: _______________________________
Mark Linder
Interim City Manager
Date: ________________________
Agenda Item #4.2:

295753.v1
Exhibit 1

Insurance Requirements for Professional Services
Consultant (or “Contractor”) shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City (or “Entity”) requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form Agenda Item #4.2:

295753.v1
of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with 30-days’ notice to the Entity.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Agenda Item #4.2:

295753.v1
Contractor and job – it could be much higher, or in the case of a very small Contractor, you might want it lower] unless approved in writing by Entity. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Entity may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Entity reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Entity before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

Duration of Coverage
Agenda Item #4.2:

295753.v1
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Agenda Item #4.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Planning and Community Services
Staff Contact
Laura Simpson, Interim Planning & Community
Services Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Enter into a Professional Services Contract with RISE Housing to Monitor and Administer the City of Sonoma’s Below Market Rate (BMR) Program Units, Both Ownership and Rental, and to Establish a Waiting or Eligibility List to Expedite and Ensure Compliance when BMR Units become Vacant.

Summary
The City has prepared a contract with the nonprofit RISE Housing to administer the City’s BMR (Below Market Rate) program with respect to monitoring and establishing a waiting list when BMR units become available. The City previously contracted with RISE for BMR assistance for a six-month period and a six-month extension. Because we have expanded the scope of work, staff recommends City Council approval of a new scope of work and contract amount of up to $48,100, for the period beginning February 1, 2023, through January 31, 2024.

Discussion:

The City has an existing inventory of 128 Below Market Rate units, and these units must be monitored and recertified annually to ensure that they are in program compliance. Additionally, the City’s inclusionary ordinance requires new BMR units be provided, when new projects are approved, so the City’s BMR inventory will continue to grow. The City does not have sufficient in-house staffing for the ongoing administration of the BMR program at this time; therefore staff is recommending contracting with RISE Housing to provide the monitoring services, as well as to establish a waiting list to be utilized by RISE, when new rental units or ownership units become available. Through third party administration, this will allow for consistent, fair and objective selection of qualified tenants, or qualified and eligible homebuyers for vacant BMR units.

Recommended Council Action
Approve a professional services contract in the amount of $48,100 through June 30, 2024, with RISE Housing to monitor the City’s BMR inventory and to establish a waiting list to be utilized when units become vacant.

Alternative Actions
City Council discretion.

Financial Impact
Fees will be collected from BMR projects in the amount of $1,000 per unit per year, which will be used toward defraying the expenses of RISE under this contract in the future. Planning has sufficient funds in the FY2023 budget for this professional services contract.

Agenda Item #4.3:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
RISE Housng Contract Resolution
RISE Housing Contract
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.3:

RESOLUTION NO. ____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH RISE HOUSING IN AN AMOUNT NOT TO EXCEED $48,100 TO PROVIDE MONITORING AND ADMINISTRATIVE

SERVICES FOR ALL CITY BELOW-MARKET- RATE (BMR) OWNERSHIP AND RENTAL UNITS.

WHEREAS, the City of Sonoma City Council approved funding in the FY22/23 Planning Department budget for professional services contracts; and WHEREAS, the City of Sonoma Planning Department is in need of assistance in the administration of the existing and future inventory of all Below Market Rate (BMR) housing units in the city; and
WHEREAS, the City negotiated a scope of work, budget and contract with RISE Housing, a nonprofit which has provided housing services to the City in the past, for the City’s BMR monitoring and program administration, including establishing a waiting list of interested renters or homebuyers; and
WHEREAS, the City of Sonoma also spoke with the Sonoma County Community Development Commission, which provides similar services in the County, to determine if costs were appropriate; and
WHEREAS, Planning Department selected RISE Housing because they had previously worked for the City and demonstrated expertise and experience in BMR monitoring and program administration; and
WHEREAS, the City has drafted a contract with RISE Housing to perform BMR housing services for the City at the direction of the Planning Department staff; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the Interim City Manager to execute a contract with RISE Housing to provide BMR monitoring and program administration as directed by the Planning Department in an amount not to exceed $48,100; and
ADOPTED this 23rd day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________________
Sandra Lowe, Mayor
ATTEST:
_________________________________
Rebekah Barr, City Clerk
Agenda Item #4.3:

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of Sonoma / Rise Housing Solutions, Inc)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Sonoma, a California municipal corporation (“City”), and Rise Housing Solutions, Inc., a California Corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: Below Market Rate Program Administrations Services.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release.

Consultant represents and warrants to City that (a) it has all licenses, permits, quali?cations, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultantshall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS
December 2022 to as “Exhibit A” and fully incorporatedherein by this reference. 3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s December 16, 2022 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain 29070 1.v3
Agenda Item #4.3:

3.3 3.4

3.5 3.6

3.7 Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
in effect for the duration of this Agreement unless modi?ed in writing by mutual agreement of the parties.
“Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Forty-Eight Thousand One Hundred Dollars ($48,100). “Commencement Date” means February 1, 2023
“Termination Date” means January 31, 2024
“City Consultant Project Administrator” means Laura Simpson “Consultant Project Administrator” means Matt Warner

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below.

5. CONSULTANT’S SERVICES

5.1 5.2
29070l.v3
Time is of the essence in Consultant’s performance of services under this Agreement.

Consultant shall perform the servicesidenti?ed in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Consultant Project Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:
are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Planning Director’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work. Page 2 of 18 Agenda Item #4.3:

5.3 5.4

5.65 29070l.v3
Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)

5.2.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the City of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall provide extra compensation to the Consultant on a fair and equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be executed by the Consultant and be approved by the City in accordance with its purchasing policy.

5.2.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination isreceived by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff”s determination. The City Council’s decision shall be final.

In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless speci?cally approved in advance and in writing by City. Consultant shall notify the City Consultant Project Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount payable above.

Consultant shall concurrently inform the City Consultant Project Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.

Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the con?ict-of-interest provisions of Government Code Section 1090 and the Political Consultant shall obtain and maintain in force a City business license for the term of this Agreement. Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with Page 3 of 18 Agenda Item #4.3:

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5.7 5.8

5.9 5.10

5.112
Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a signi?cant opportunity for the disclosure of con?dential information.

During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a con?ict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identi?ed in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be quali?ed to perform such services. Matt Warner shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No other person shall serve as Consultant Project Administrator without City’s prior written consent.

This Agreement covers professional services of a speci?c and unique nature.

Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Consultant Project Administrator and their billing rates identi?ed in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any Consultant shall notify the City Consultant Project Administrator, in writing, of any change in name, ownership or control of Consultant’s ?rm or of any subconsultant. Change of ownership or control of Consultant’s ?rm may require an amendment to the Agreement. Prevailing Wage Notice. Page 4 of 18 Agenda Item #4.3:

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)

5.12.1 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

5.12.2 In the event Consultant will perform inspection services, City or authorized representativesof the City shall have the right to inspect the work of such services whenever such representativesmay deem such inspectionto be desirable or necessary. Inspections by the City do not in any way relieve or minimize the responsibility of Consultant to conduct the inspections Consultant has expressly agreed to perform pursuant to this Agreement. Consultant shall be solely liable for said inspections performed by Consultant.

Consultant shall certify in writing to the City as to the completeness and acceptability of each inspection of improvement or construction which Consultant agrees to inspect hereunder.

6. COMPENSATION
29070l.v3

6.1. 6.2.

6.3. 6.4.

City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the servicesrendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classi?cation/position with the ?rm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant. OWNERSHIP OF WRITTEN PRODUCTS Page 5 of 18 Agenda Item #4.3:

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
All reports, documents or other written material, and all electronic ?les, including computer-aided design ?les, developed by Consultant in the performance of this Agreement (such written material and electronic ?les are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired,but no such written products shall be the subject of a copyright applicationby Consultant.

8. RELATIONSHIP OF PARTIES

8.1. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its of?cers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its of?cers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

8.2. Under no circumstances shall Consultant look to the City as its employer.

Consultant shall not be entitled to any bene?ts. City makes no representationas to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement bene?ts, if any, and Consultant speci?cally assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

9. CONSULTANT PROJECT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Consultant Project Administrator. City reserves the right to change this under this Agreement shall be
timetable for completion of services and any interim milestones. 10. INDEMNIFICATION 10.1. The parties agree that City, its of?cers, agents, employees, and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any Page 6 of 18 290701.»/3
Agenda Item #4.3:

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10.2. 10.3.

10.4. 10.5.

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a depositfor the defense of, and defend (with counsel satisfactory to City) City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants, or anyone directly or indirectly employed by either Consultant or its subconsultants, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent.

City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemni?cation arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.

Consultant expressly waives its statutory immunity under such statutes as to City, Consultant agrees to obtain executed indemnity agreements with provisions identicalto those set forth here in Section 10 of this Agreement from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its of?cers, agents, employees and volunteers from and against Page 7 of 18 Agenda Item #4.3:

10.6. 10.7.

10.8. Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the depositwith City, of any insurance policy or certi?cate required pursuant to this Agreement. This hold harmless and indemni?cation provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS bene?ts on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penaltiesand interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, bene?t, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS bene?ts.

11. INSURANCE

11.1. 11.2. 290701.v3
During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or ‘Any available insurance proceeds broader than or in excess of the speci?ed minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits speci?ed in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured. Page 8 of 18 Agenda Item #4.3:

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Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)

11.3. Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1.Comprehensive General Liability Insurance written on a per occurrence basis with coverage limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) general aggregate, including products and operationshazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2.Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).

11.3.3. Worker’ s Compensation insurance if and as requiredby the laws of the State of California.

11.3.4.Professional Errors and Omissions Insurance with coverage limits of not lessthan One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. In the event Consu1tant’s policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completionof work.

11.4. Consultant shall require each of its subconsultants to maintain insurance coverage Omissions Insurance by subconsultantsin his or her sole discretion. 11.5. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide. Page 9 of 18 Agenda Item #4.3:

290701.v3

11.6. 11.7.

11.8. 11.9.

11.10. 11.11.

Professional Services Agreement
(CizfyofSonoma / Rise Housing Solutions, Inc)
Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

At all times during the term of this Agreement, Consultant shall maintain on ?le with City’s Risk Manager a certi?cate or certi?cates of insurance showing that the required coverages are in effect and naming City and its of?cers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall ?le with City’s Risk Manager such certi?cate(s) and Forms CG 20 10 O7O4and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

Consultant shall provideproof that policies of insurance requiredby this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its of?cers, employees, agents and volunteers as Additional Insureds. All of the policiesrequired under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certi?cates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its of?cers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver ofsubrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants. Page 10 of 18 Agenda Item #4.3:

11.12. 11.13.

11.14. 11.15.

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self—insuredretention to guarantee payment of losses and expenses.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

Consultant may be self-insuredunderthe terms of this Agreement only with express written approval from the City.

11.14.1. All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satis?ed by either the named Insured or the City.

City reserves the right to obtain a full certi?ed copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION

12.1. City shall provideConsultantwith all pertinent data, documents and otherrequested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

12.2. If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

13. CONFIDENTIALITY
or provided for performance of this Agreement are deemed con?dential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is 29070l.v3 Page 11 of 18
Agenda Item #4.3:

Professional Services Agreement
(Ciry ofSonoma / Rise Housing Solutions, Inc)
legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of ?nal payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after ?nal payment under the Agreement.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

16. NOTICES
Any notices,bills, invoices, or reports requiredby this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).

29070l.v3
Agenda Item #4.3:

If to City:

Laura Simpson
City of Sonoma
Planning Department
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
Email: [email protected]
Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
If to Consultant:

Matt Warner
Rise Housing Solutions, Inc.
1990 N. California Blvd
Ste 20-1074
Telephone: (415) 301-5412
Facsimile: n/a
Email: [email protected]
With courtesy copy to:

David J. Ruderman, City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]

17. 18.
29070l.v3

SURVIVING COVENANTS
The parties agree that the covenants contained in Paragraph 8.2, Section 10, Paragraph

12.2, Section 13, and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

TERMINATION

18.1. The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required.

Notice of Termination of this Agreement shall be given in writing to Consultant and shall be suf?cient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in Section 16 of this Agreement. The Agreement shall be satisfactorily performed prior to time of receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or ?nal instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Page 13 of 18 Agenda Item #4.3:

19. 290701.v3

18.2. 18.3.

18.4. Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
Compensation for the Consultant in the event of termination by the City shall be determined by the City Planning Director in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this Paragraph 18.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.

Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause. Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause.

In the event of termination, all notes, sketches, computations, drawings and speci?cations, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and speci?cations, or other data whether complete or not.

Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event. Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by Virtueof the Consultant’s breach of this Agreement.

In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Paragraph 3.3 above and as otherwise provided in this Agreement.

GENERAL PROVISIONS

19.1. 19.2.

Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as de?ned by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment Page 14 of 18 Agenda Item #4.3:

29070 1.v3

19.3. 19.4.

19.5. 19.6.

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

Each party had an opportunityto consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.

The captions appearing at the commencement of the Sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any con?ict between such heading, and the Section or Paragraph thereof at the head of which it appears, the Section or Paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No terrn, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant. to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in Page 15 of 18 Agenda Item #4.3:

29070l.v3

19.8. 19.9.

19.10. 19.11.

19.12. Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

If any term or provision of this Agreement or the applicationthereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable.In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

This Agreement shall be governed and construed in accordance with the laws of the State of California.

All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

Nonpro?t service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12-month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Subcontractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Page 16 of 18 Agenda Item #4.3:

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
Without limitation, “electronic signature” shall include faxed or emailed Versions of an original signature, electronically scanned and transmitted versions (e.g., Via pdl) of an original signature, or a digital signature.

19.13. This Agreement shall be binding on successors and assigns of the parties.

19.14. Except as expressly stated herein, there is no intended third-party bene?ciary of any right or obligation assumed by the parties.

19.15. The Recitals are incorporatedby this reference.
[Signatures on following page]

29070l.v3
Agenda Item #4.3:

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
City of Sonoma Rise Housing Solutions, Inc.

S :1
By: By: 775%lv‘“"‘/
Signature Signature
Printed: Printed: /1“ +H1"'~‘-5**7‘ E v
‘
Title: Title: VD/‘C’ 5Wi?rli
Date: Date: I/5/7-3
Attest: By:

Signature
By: Printed:

Rebekah Barr, City Clerk
Title:

Date:

Date:

Approved as to form:

By:

David J. Ruderman, City Attorney
Date:

290701.v3
Agenda Item #4.3:

“EXHIBIT A”

SCOPE OF WORK
Activities Scope
Rise Housing Solutions willfield all program inquiries from the public and the Fleld Program
City regarding both the BMRownership and rental programs. Rise Housing will n:l;ilrl1l;l:i'°;1é;MR maintain a BMRinterest list on their website, specific to the City of Sonoma.

I . Whenever a BMRrental or new ownership opportunity arises, Rise Housing will nterest List . .. . . .
send an email notification to this list.

Collection of rent roll for the year. Reconcile Rent Rollto the requirements in Affordable Housing Agreement for tenants, rent, income, unit counts, bedroom counts, household size, last recertification date and income band designations.

Annual Rent Roll Rise Housing will attempt to collect the rent roll up to 5 times. Summary of Review findings will be provided to the City. If applicable there is an annual payment due to the City, stipulated in the Affordable Housing Agreement, Rise Housing to track payment, follow-up with property owner, and notify the City accordingly.

Perform audit for all BMRtenants. Review the application, application supporting documents and lease for compliance with the affordable housing agreement, as well as the reported information in the rent roll.

Annual Rental
Compliance Audit
Annually, send up to three letters requesting signed certification and proof of A I O h’ . . . . . nnua wners lp occupancy. Upon completion of annual monitoring and compliance, provide the fA?r:il:‘l)l::;e City with a monitoring report summarizing the findings and listing detailed information regarding non-responders or non-compliant responders.

Ensure BMRrental properties are notifying the City and Rise Housing of any new BMRrental opportunity. Rise Housing willsend an email to the interest list any new tenants to out. to Certifications issue an approval letter, or disqualification, based on the review findings. Rise Housing to collect a lease addendum and a copy of the lease upon execution for the City's files. A-1 29070l.v3 Agenda Item #4.3:

Professional Services Agreement
(City ofSonoma / Rise Housing Solutions, Inc)
Calculate BMRsales price and receive Notice of Intent to sell. Market resale through Rise Housing'sSonoma-specific interest list. Prepare an online resale pre-application, discussthe resale procedure with owners, review documents, calculate affordable resale price, coordinate with listing and buyer agents to explain program guidelines that a qualified buyer will have to meet. Perform lottery of all qualified pre-applicants and deliver results to all lottery participants. Collect from top-ranking lottery applicants a full application and all required supporting documents. Screen documents and information BMRResale provided for income and program eligibility, provide an income calculator, detailed checklist and recommendation for approval, with the complete file, to the City. Coordinate collection of required information from escrow and lender needed to complete City documents including restrictions, notes, DOTS and escrow instructions. Create the documents and route with instructions for signatures and notarizing at the City. Coordinate pickup and delivery of executed documents to Title, and track status of close of escrow and City copies of recorded documents. Track file through all stages of escrow to ensure conforming loan is secured and closes escrow timely.

Enforcement of
Program Any requested and agreed upon follow-up that Rise Housing will perform, on Requirements & behalf of the City, to correct compliance issues that are discovered. Any other Other Requested one-off requests from the City for program development or tasks.

Activities

290701.v3
Agenda Item #4.3:

“EXHIBIT B”

APPROVED FEE SCHEDULE
City of Sonoma Program Volume Assumptions & Pricing
2/1/23 -1/31/24
Key Pricing Assumptions
Number of BMRRental Proiects 19
Number of BMRRental Units 72
Number of BMROwnership Units 52
Rental Audit Rate (a) 100%
Ownership Audit Rate (b) 50%
Number of BMRRental Units to be Audited Annually 72
Number of BMROwnership Unitsto be Audited Annually 26
Number of BMRResales 1
Estimated Number of Hours to Perform Program Enforcement & Other Requested Activities (c) 20 Estimated Number of New Tenant Income Certifications 9
Activities
Field Program inquiries & Maintain BMRInterest List $750 per month $ 9,000 Annual Rent RollReview $250 per proiect $ 4,750
Annual Rental Compliance Audit $300 per unit $ 21,600
Annual Ownership Compliance Monitoring $100 per unit $ 2,600 New Tenant income Certifications $300 per application $ 2,700 BMRResale $4250 per resale $ 4,250
Enforcement of Program Requirements & Other Requested Activities $160 per hour $ 3,200 Total Annual Amount $ 48,100
Notes
(a) In year-1, 100% of the rental units will be audited for income and that correct rental rates are being charged. After year-1, all rent rolls will be reviewed annually and 15% of the units shall be randomly selected in each proiect to audit for proper income certifications and other program requirements. (b) In yearl , 50% of the ownership portfolio will be monitored. 50% of the portfolio is being monitored due to 50% of the address and owner names requiring further research. The City will determine the ramaining 50% of owner names and addresses and will be monitored for owner occupancy. (c) Due to the unknown amount of follow-up that will be required for or requested from the City after the compliance findings are reported to the City, this activity will be charged at an hourly rate.
29070 B-1 1.v3
Agenda Item #4.3:

City Council:

Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, December 07, 2022
6:00PM Regular Meeting
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Ding called the meeting to order at 6:00 pm.

PUBLIC COMMENT PROCESS FOR ZOOM ATTENDANCE AT MEETINGS
Public Comment Process for ZOOM Attendance at Meetings

ROLL CALL
PRESENT: Mayor Ding, Vice Mayor Barnett, Council Member Agrimonti, Council Member Lowe, Council Member Felder

REPORT ON CLOSED SESSION
Closed session was not held.

APPROVAL OF AGENDA
Motion by Council Member Lowe, seconded by Vice Mayor Barnett, to approve the agenda as presented with item 3.1 pulled and moved to the meeting in January 2023. Motion carried unanimously.

COMMENTS FROM THE PUBLIC
Laurie Gallian and Matt Metzler provided public comments.

MEETING DEDICATIONS
Councilmember Agrimonti dedicated the meeting to Arlene Dorr Hoben. Vice Mayor Barnett dedicated the meeting to Don Eraldi.

PRESENTATIONS
Item 3.1: Recognition of David Storer, Planning & Community Services Director on his Retirement Item was pulled and moved to the January 23, 2023, meeting.

PUBLIC HEARING
Item 4.1: PUBLIC HEARING WILL BE CONTINUED TO DECEMBER 14, 2022 - Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 14, Section 14.27.030 (Definitions) to align the definition of a duplex with recent changes to Chapter 19.92 (Definitions); Title 19, Chapter 19.10 (Zones and Allowable Uses) to ensure consistency between 19.10 and 19.40.050 (Hillside Development) regarding the requirement for a single-family residence to obtain a Use Permit in the Hillside Residential (R-HS) zoning district and other minor corrections and amending Section 19.44.060 (Continued Availability) to clarify terms of affordability and finding such amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) - General Rule - of the CEQA Guidelines (associate Planner) Action: Item was continued to the December 14, 2022, meeting.

Motion by Vice Mayor Barnett, Seconded by Council Member Agrimonti, to continue this item to the December 14, 2022, meeting. Motion carried unanimously.

REGULAR CALENDAR – CITY COUNCIL
Item 5.1: Discussion, Consideration, and Possible Action to Adopt:

1. Resolution Requesting Approval of Public Employees’ Retirement System (PERS) for Hiring of Annuitant for Temporary Appointment to Critical Position of Interim City Manager Pursuant to Government Code Sections 21221(h); and Agenda Item #4.4:

2. Resolution Approving the Proposal from Baker Tilly Under Which It Proposes Making Available Mark Linder for Interim City Manager Services (City Attorney and Assistant City Attorney)
Action: Adopted as Resolution #72-2022 and Resolution #73-2022.

Motion by Vice Mayor Barnett, Seconded by Council Member Lowe, to adopt a Resolution Requesting Approval of Public Employees’ Retirement System (PERS) for Hiring of Annuitant for Temporary Appointment to Critical Position of Interim City Manager and adopt a Resolution Approving the Proposal from Baker Tilly. Motion carried unanimously.

CONSENT CALENDAR – CITY COUNCIL
Motion by Vice Mayor Barnett, Seconded by Council Member Lowe, to approve the Consent Calendar as presented with items 6.5, 6.6, and 6.8 being pulled for separate consideration. Motion carried unanimously.

Item 6.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 6.2: Adopt an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Chapter 19.40 (General Property Development and Use Standards) to remove subjective language and establish objective standards and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment (Associate Planner) Action: Adopted as Ordinance #15-2022.

Item 6.3: Adopt a Resolution Approving Compensation Adjustments for Certain Non-Represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel, and Implementing the Adjusted Salaries and Wages of the Non-represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel (Assistant to the City Manager)
Action: Adopted as Resolution #74-2022.

Item 6.4: Receive Minutes from the Regular Meetings of November 16, 2022, March 2, 2022, February 16, 2022, February 2, 2022, January 19, 2022, December 15, 2021, December 1, 2021, November 17, 2021, November 3, 2021, October 18, 2021, October 4, 2021, September 20, 2021, September 8, 2021, August 16, 2021, and August 2, 2021 (City Clerk) Action: Minutes were Received.

Item 6.5: Adopt a Resolution Approving the 2023 City Council Meeting Calendar (City Clerk) Action: Item was pulled for separate consideration and will be brought back to the next subsequent meeting.

Motion by Council Member Lowe, Seconded by Vice Mayor Barnett, to bring this item back to the subsequent meeting. Motion carried unanimously.

Item 6.6: Adopt a Resolution Authorizing the Interim City Manager to Execute a Contract with Ann Baker Landscape Architecture Services in an Amount Not to Exceed $100,000 to Provide On-call Landscape Architect Services as Needed (Public Works Admin & Project Manager) Action: Item was pulled for separate consideration and will be brought back to the January 23, 2023, meeting.

Public Comments: Larry Barnett
Motion by Vice Mayor Barnett, Seconded by Council Member Lowe, to bring this item back to the January 23, 2023, meeting. Motion carried unanimously.

Item 6.7: Adopt a Resolution Authorizing the Interim City Manager to Execute a Contract in the Amount of $29,409.85 with A Plus Tree Care and Sustainability Tree Company to Provide Tree Maintenance and Removal at the City of Sonoma Field of Dreams Park (Public Works Admin & Project Manager)
Action: Adopted as Resolution #75-2022.

Item 6.8: Adopt a Resolution Authorizing the Interim City Manager To Execute A Contract With A Plus Tree Care And Sustainability Tree Company in the Amount Of $23,981 To Provide Tree Agenda Item #4.4:

Maintenance And Removal At The City Of Sonoma Plaza Park (Public Works Admin & Project Manager)
Action: Item was pulled for separate consideration and will be brought back to a subsequent meeting.

Public Comment: Larry Barnett and Robert Demler
Motion by Vice Mayor Barnett, Seconded by Council Member Lowe, to bring this item back to a subsequent meeting. Motion carried unanimously.

Item 6.9: Adopt a Resolution Reciting the Facts of the General Municipal Election held on November 8, 2022, Declaring the Result and such Other Matters as Required by Law and Thereby Determining that Patricia Farrar-Rivas, John Gurney and Ron Wellander have been Elected to the Office of the City Council of the City of Sonoma (City Clerk) Action: Adopted as Resolution #76-2022.

CITY COUNCIL REORGANIZATION
Item 7.1: Introduction and Oath of Office of New Council Members Patricia Farrar-Rivas, John Gurney, and Ron Wellander (City Clerk)
Public Comment: Sheila O’Neill, Robert Demler, Fred Allebach, Larry Barnett, Matt Wirick, Esur Siobhan (Bill Dodd Representative)
Mayor Ding called for a recess at 7:37 pm; Council reconvened at 7:48 pm.

Item 7.2: City Council Reorganization -

1. Recognition of Outgoing Mayor Jack Ding
Public Comment: Madolyn Agrimonti, Robert Demler, Sheila O’Neill, Laurie Gallian, Fred Allebach, Larry Barnett, Laura Beltran, Esur Siobhan, Robert Frank

2. Selection of New Mayor & Vice Mayor (City Clerk)
Council Member Farrar-Rivas nominated Council Member Lowe for Mayor.

Motion carried unanimously.

Council Member Wellander nominated Council Member Gurney for Vice Mayor.

Motion carried unanimously.

Public Comment: Madolyn Agrimonti

ADJOURNMENT
By unanimous consent, by the request of Mayor Lowe, the meeting was adjourned at 8:24 pm.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Sonoma City Council on the _____th day of __________ 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.4:

City Council:

Sandra Lowe, Mayor
John Gurney, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
Ron Wellander

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, December 14, 2022
6:00 PM Regular Meeting
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Lowe called the meeting to order at 6:00 pm.

PUBLIC COMMENT PROCESS FOR ZOOM ATTENDANCE AT MEETINGS
Public Comment Process for ZOOM Attendance at Meetings

ROLL CALL
PRESENT: Mayor Lowe, Vice Mayor Gurney, Council Member Ding, Council Member Farrar-Rivas, Council Member Wellander

REPORT ON CLOSED SESSION
City Council did not hold a Closed session meeting.

APPROVAL OF AGENDA
Motion by Council Member Ding, seconded by Council Member Farrar-Rivas, to approve the agenda as presented. Motion carried unanimously.

COMMENTS FROM THE PUBLIC
Joel Hoyt and Arie (Conrad) Scheurkogel provided public comments.

MEETING DEDICATIONS
None.

PRESENTATIONS
Item 3.1: Recognition of Outgoing Police Chief Orlando Rodriguez on his Retirement (Acting City Manager)
Public Comment: Rebecca Hermesillo, Robert Demler, and Steve Akre Item 3.2: Introduction of New Police Chief Brandon Cutting (Acting City Manager) CONSENT CALENDAR – CITY COUNCIL
Motion by Vice Mayor Gurney, Seconded by Council Member Farrar-Rivas, to approve the Consent Calendar as presented. Motion carried unanimously.

Item 4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 4.2: Accept the Expenditure Report for the Month of November 2022 (Deputy Finance Director) Action: Expenditure Report was Accepted.

PUBLIC HEARING – CITY COUNCIL
Item 5.1: CONTINUED FROM DECEMBER 7, 2022, COUNCIL MEETING - Discuss, Consider, and Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 14, Section 14.27.030 (Definitions) to align the definition of a duplex with recent changes to Chapter 19.92 (Definitions); Title 19, Chapter 19.10 (Zones and Allowable Uses) to ensure consistency between 19.10 and 19.40.050 (Hillside Development) regarding the requirement for a single-family residence to obtain a Use Permit in the Hillside Residential (R-HS) zoning district and other minor corrections and amending Section 19.44.060 (Continued Availability) to clarify terms of affordability and finding such amendments exempt from the California Agenda Item #4.4:

Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) - General Rule - of the CEQA Guidelines. (Associate Planner)
Action: Ordinance was introduced.

Motion by Council Member Ding, Seconded by Vice Mayor Gurney, to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 14, Section 14.27.030 (Definitions) to align the definition of a duplex with recent changes to Chapter 19.92 (Definitions); Title 19, Chapter 19.10 (Zones and Allowable Uses) to ensure consistency between 19.10 and 19.40.050 (Hillside Development) regarding the requirement for a single-family residence to obtain a Use Permit in the Hillside Residential (R-HS) zoning district and other minor corrections and amending Section 19.44.060 (Continued Availability) to clarify terms of affordability and finding such amendments exempt from the California Environmental Quality Act. Motion carried unanimously.

REGULAR CALENDAR – CITY COUNCIL
Item 6.1: Discussion, Consideration, and Possible Action to Adopt A Resolution of the City Council of the City of Sonoma:
(1) Appointing Wayne Wirick as Acting City Manager from December 5, 2022, through January 1, 2023,
(2) Agreeing to Pay Wayne Wirick a Salary for that Period Equal to the City Manager’s Salary, and (3) Approving and Implementing an Adjustment in the Salary and Wages of the Position of Development Services Director/Building Official (Assistant City Attorney) Action: Adopted as Resolution #77-2022.

Motion by Council Member Farrar-Rivas, Seconded by Council Member Wellander, to Adopt a Resolution of the City Council of the City of Sonoma: (1) Appointing Wayne Wirick as Acting City Manager from December 5, 2022, through January 1, 2023, (2) Agreeing to Pay Wayne Wirick a Salary for that Period Equal to the City Manager’s Salary, and (3) Approving and Implementing an Adjustment in the Salary and Wages of the Position of Development Services Director/Building Official. Motion carried unanimously.

Item 6.2: Discussion, Consideration and Possible Action to Adopt a Resolution Approving the Conditions for Operations of Sonoma's Tuesday Night Market 2023 Market Season and Vendor Stall Fee Pricing (Senior Management Analyst)
Action: Adopted as Resolution #78-2022.

Motion by Mayor Lowe, Seconded by Council Member Ding, to Adopt a Resolution Approving the Conditions for Operations of Sonoma's Tuesday Night Market 2023 Market Season and Vendor Stall Fee Pricing with the understanding that additional staff time data will be shared with Council in the near future.

Item 6.3: Discussion, Consideration and Possible Action to Approve dates for Virtual (Day 1) and InPerson (Day 2) City Manager candidate interviews, authorizing the Interim City Manager to approve the Recruitment Brochure as presented to include any minor Councilmember revisions, and establishing the Technical Interview Panel as recommended by City Council for the In-Person (Day 2) candidate interviews for the purpose of providing feedback to the City Council prior to the position appointment (Acting City Manager) Action: Council Provided Direction to Staff.

Public Comment: Robert Demler and Robert Frank
Motion by Council Member Farrar-Rivas, Seconded by Vice Mayor Gurney, to Approve Scheduling the First Virtual Interview Date on March 3, 2023. Motion carried unanimously.

Motion by Vice Mayor Gurney, Seconded by Council Member Farrar-Rivas, to Schedule the Second Interview Date During the Week of March 10, 2023. Motion carried unanimously.

Motion by Vice Mayor Gurney, Seconded by Council Member Farrar-Rivas, to Approve the Brochure as presented to include the minor revisions made by Council. Motion carried unanimously.

Item 6.4: Discussion, Consideration, and Possible Action to Adopt a Resolution Approving the 2023 City Council Meeting Calendar (City Clerk)
Action: Adopted as Resolution #79-2022.

Motion by Council Member Wellander, Seconded by Council Member Farrar-Rivas to Adopt a Resolution Approving the 2023 City Council Meeting Calendar and adding a meeting on July 19, 2023, moving the April Agenda Item #4.4:

5, 2023, meeting to April 3, 2023, and moving the December 6, 2023, meeting to December 4, 2023. Motion carried unanimously.

COUNCIL MEMBER’S REPORTS & COMMENTS
Mayor Lowe reported that she attended a Sonoma County Transportation Authority meeting where they had a presentation on the various options for installing a causeway on Highway 37.

CITY MANAGER COMMENTS & ANNOUNCEMENTS
Acting City Manager Wirick provided a brief update on the warming center that the City has operated over the past week. City Clerk Barr reported that the deadline for commission/committee applications will be extended until December 31, 2022. However, the Cultural & Fine Arts, Traffic, and Design Review committee application deadline will be extended through January 9, 2023.

CITY ATTORNEY COMMENTS
None.

ADJOURNMENT
Mayor Lowe adjourned the meeting at 9:02 pm.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Sonoma City Council on the _____th day of __________ 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Planning and Community Services
Staff Contact
Laura Simpson, Interim Planning & Community
Services Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager or his Designee to Enter into a Professional Services Contract with M-Group Consulting Firm for up to $50,000 to Provide an Associate Planner Level Contract Planner to the City of Sonoma Approximately 20 hours per Week through June 2023.

Summary
The Planning Department will have an Associate Planner position vacant beginning January 19, 2023, due to a resignation by staff to take a position in a different jurisdiction. Planning requested assistance through three organizations, and M-Group had an individual available who could work at Sonoma City Hall for two days a week. There is a need for staff to be present in City Hall during public business hours to handle planning questions at the front counter or to facilitate intake of planning and building permit applications. In addition, the position is needed to perform project management work for developments and policies in the City of Sonoma. The position may assist in revisions of the Housing Element, if needed, as well as reviewing existing and new development project applications, and presenting to Design Review Commission, Planning Commission and City Council. M-Group has identified one of their staff who is available and has the appropriate planning experience, and can provide up to twenty hours of week to the City at $135 per hour. Staff is therefore recommending that the City Council authorize the City Manager to enter into a contract with M-Group for these planning services.

Recommended Council Action
Approve a professional services contract in the amount of up to $50,000 through June 30, 2023, with M-Group to provide an Associate Planner working at the City for two days a week, and up to twenty hours per week at $135 per hour, until the planning vacancy can be filled.

Alternative Actions
City Council discretion.

Financial Impact
The Planning Department has budgeted $120,000 annually for the Associate Planner position, so there will be a salary savings of about $50,000 through June 30th, 2023. This salary savings will be used to pay for the contract planner position.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Approved/Certified
No Action Required
Action Requested
Agenda Item #4.5:

Not Applicable
Attachments
MGroup Contract Resolution
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.5:

RESOLUTION NO. ____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH M-GROUP CONSULTING FIRM IN AN AMOUNT NOT TO EXCEED $50,000 TO PROVIDE A PART-TIME ASSOCIATE

PLANNER TO SERVE THE PUBLIC COUNTER AND PROVIDE PLANNING REVIEW

RESPONSIBILITIES
WHEREAS, the City of Sonoma City Council approved funding in the FY22/23 Planning Department budget for an Associate Planner; and
WHEREAS, the City of Sonoma Planning Department needs Associate Planner level assistance, on-site and remotely, due to an Associate Planner resignation; and WHEREAS, the City has received a proposal from M-Group for an Associate Planner to provide approximately 20 hours per week at the rate of $135 per hour, through June; and WHEREAS, the amount budgeted for the salary of an Associate Planner, not including benefits, is $120,000 per year, and therefore will result in a minimum $50,000 in salary savings due to the Associate Planner vacancy; and
WHEREAS, the City has responsibility to review in a timely fashion new development applications for planning and building, as well as to meet legislative and policy goals of the State and City;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the Interim City Manager to execute a contract with M-Group to provide a contract planner at the Associate Planner level, in an amount not to exceed $50,000 through June 30, 2023
ADOPTED this 23rd day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________________
Sandra Lowe, Mayor
ATTEST:
__________________________________________
Rebekah Barr, City Clerk
Agenda Item #4.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer
Agenda Item Title
Adopt a Resolution a Resolution of the City Council of the City of Sonoma Authorizing the Interim City Manager to Execute a Contract with RE Maher in the Amount not to Exceed $75,000 to Provide On-Call Concrete Services as Needed.

Summary
The City’s sidewalk system is a vital component of the public infrastructure. As part of Public Works Capital Improvement Project CIP T-4 to improve and repair City sidewalks as well as CIP T-5 to rehabilitation portion of pavement and sidewalk including accessibility upgrades to pedestrian curb ramps, Public Works has requested pricing for an On-Call Concrete Construction Company.

In conjunction with Public Works Streets Operational Staff, the concrete contractor would provide on-call assistance in forming, compaction, pouring, and finishing work as necessary to install ADA ramps, sidewalks, curbs, gutters, and various other public infrastructure concrete features. Pairing this partnership of operations staff with skilled concrete contractors will allow public works to respond more quickly and economically to areas of concern in the City’s sidewalk program.

The City solicited bids for on-call concrete services up to $75,000 each on November 17th and received six (6) responsive bids. Public Works has initially selected the lowest price bid and will execute a contract with contractor RE Maher. Public works reserves the right to enter into contracts with up to three (3) of the responsive bidders as work allows.

Recommended Council Action
Authorize the Interim City Manager to execute a contract with RE Maher in an amount not to exceed $75,000 to provide on-call concrete services as needed.

Alternative Actions
Council discretion.

Financial Impact
The funding for the repair work conducted by RE Maher is budgeted in the FY22/23 budget under CIP T4 and CIP T5 and GL# 301-50000-703-70703.

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

Exempt
Not Applicable
Action Requested
Attachments
Resolution - On-Call Concrete Contract
City of Sonoma On-Call Concrete Contract
Alignment with Council Goals:

INFRASTRUCTURE:

To provide reliable, safe and effective infrastructure (streets and roads, sidewalks, parking and pedestrian safety) throughout the City; maintain the high level of service and reliability of City facilities; monitor, mitigate and reduce community impacts related to development, infrastructure repair, community events or other outside agencies.

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.6:

RESOLUTION NO. ___- 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH RE MAHER IN THE AMOUNT NOT TO EXCEED $75,000 TO PROVIDE ON-CALL CONCRETE SERVICES AS NEEDED.

WHEREAS, the City of Sonoma approved in the FY22/23 Budget CIP T4 to improve and repair City sidewalks
WHEREAS, the City of Sonoma approved in the FY22/23 Budget CIP T5 to improve and repair City pavement and accessibility ramps.

WHEREAS, City Public Works staff has the capacity to perform the demolition portion of sidewalk and accessibility projects.

WHEREAS, a licensed concrete contractor working in conjunction with City staff can provide on-call assistance in forming, compaction, pouring, and finishing work as necessary to install ADA ramps, sidewalks, curbs, gutters, and various other public infrastructure concrete features.

WHEREAS, the City of Sonoma received six (6) responsive bids for the on-call licensed contractor call for bids; and
WHEREAS, the City has drafted a contract with RE Maher to provide on-call concrete work as needed and directed by public works; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the Interim City Manager to execute a contract RE Maher to provide on-call concrete services as requested by Public Works in an amount not to exceed $75,000; and
ADOPTED this 23rd day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #4.6:

Contract for Minor Public Works Projects

CONTRACT FOR MINOR PUBLIC WORKS PROJECTS
This Contract for Minor Public Works Projects for by and between the City of Sonoma, a California municipal corporation (hereinafter "City") and RE Maher Inc. (hereinafter "Contractor") is effective on the Effective Date identified on the signature page.

1. In consideration of the City’s obligations set forth herein, the Contractor shall furnish all tools, equipment, labor and material necessary to perform and complete in a good and workman-like manner, repair of concrete at locations specified by each written Task Order issued by the City (the “Work”). The Contractor shall perform the Work in accordance with the terms of this Agreement (including Exhibit “A,” attached hereto and incorporated herein by reference), and at the compensation rates and charges set forth on Exhibit “B,” attached hereto and incorporated herein by reference. This Contract is to establish Contractor rates and to set forth terms and conditions for the City to mobilize Contractor to various locations throughout the City in the time period specified when the scope of work is defined. The City will issue a written Task Order to authorize the required work.

2. The total sum of this “on-call” Contract shall not exceed Seventy-Five Thousand [$75,000] Dollars. The City however may or may not reach this limit, nor is obligated to do so. If directed by City to perform repair or installation work, the Contractor will be paid 100% of Work based on contract prices set forth herein upon completion of the Work. It is understood and agreed that in accordance with California Public Contract Code §22300, the Contractor will be allowed to substitute securities for money withheld by City to insure performance under this Contract. In accordance with Public Contract Code §20104.50, City shall promptly review payment requests and if not suitable for payment, City shall no later than seven (7) days after receipt return the same with an explanation as to why the payment request is not possible. City shall make progress payments within thirty (30) days after receipt of an undisputed and properly executed request. Failure to comply with the time requirements shall subject City to certain interest charges.

3. The following shall govern the responsibilities and indemnification by Contractor:

A. City and each of its officers, employees, and agents including, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, emotional injury, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.

B. To the furthest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor shall assume defense of, release, and indemnify and hold harmless, City and each of its officers, employees, and agents (excluding agents who are design professionals), from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to claims, etc., and fines of regulatory agencies or relating to claims, etc., for copyright and/or infringement patent, and attorney’s fees and Contractor’s fees, directly or indirectly, from any cause whatsoever, directly or indirectly, arising out of, connected with, or resulting from performance of the Work, failure to perform the Work, or condition of the Work which is caused in whole or in part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of City or by any person or entity required to be indemnified hereunder.

C. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.

D. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the indemnities, releases of liability and limitations of liability, claims, procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of contract, negligence (active or passive), fault or strict liability of the party(ies) indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents.

E. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that Agenda Item #4.6:

Contract for Minor Public Works Projects

the Contractor is not liable to the claimant. The Contractor will respond within 30 days to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

F. The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole negligence or willful misconduct; nor shall they apply to City or other indemnified party to the extent of its active negligence.

4. This Contract shall not be assigned without the written approval of the City.

5. The Contractor shall have full care, custody and control of the project to completion and shall maintain the same in a safe and tidy condition. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Work, and to the shops wherein the Work is in preparation. Where the specifications require Work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City, or its representative, of its readiness for inspection, and without the approval thereof or consent thereto by the latter. Should any Work be covered up without such notice, approval or consent, it must, if required by the City, or its representative, be uncovered for examination at the Contractor's expense.

6. The Contractor shall assume sole and complete responsibility for job site conditions for the duration of the project including, but not limited to, the safety and health conditions on the Work site. This requirement shall apply continuously and shall not be limited to normal working hours. Contractor shall comply with all applicable provisions of law including the standards, rules, regulations and orders established by the California Division of Industrial Safety. Contractor shall furnish and use safety devices and safeguards and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render the Work site safe and healthful. Contractor shall take all steps necessary to ensure that any hazardous condition is corrected promptly either by the Contractor or by assigning such responsibility to the appropriate subcontractor and ensuring that the corrections are completed. The City, design engineer, construction manager and the officers, agents or employees, shall not have control over or charge of or responsibility for construction or safety means, methods, techniques, procedures, as these are solely the responsibility of Contractor.

7. Should the City at any time during the progress of the Work request any alterations, deviations, additions or omissions from said Contract, specifications or plans, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to or deducted from the amount of said contract price, as the case may be, by fair and reasonable valuation. The value of any such extra work or change shall be determined in one or more of the following ways:

A. By estimate and acceptance of a lump sum.

B. By unit price named in the contract or subsequently agreed upon.

C. By cost and percentage or by cost and a fixed fee.

8. Contractor shall obtain insurance acceptable to the City in a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract. The Contractor shall not commence Work nor shall allow its employees or agents or anyone to commence Work until all insurance and properly executed endorsements required hereunder have been submitted and approved. The Contractor shall take out and maintain at all times during the life of this Contract, the following policies of insurance with insurers (if other than the State Compensation Fund) with a current A.M. Best's rating of no less than A:VII, or its equivalent, against injury/death to persons or damage to property which may arise from or in connection with the performance hereunder by Contractor, its employees, agents and subcontractors:

A. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

B. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an Agenda Item #4.6:

Contract for Minor Public Works Projects

amount of $2,000,000 per occurrence. If Work involves explosives, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit.

C. Automobile Liability, with coverage at least as broad as Insurance Services Office form number CA 0001 0692, Code 1, (any auto), in an amount of $1,000,000 per accident. The amount of any deductible or self-insured retention over $100,000 shall be declared to and approved by the City. Said policy shall contain or be endorsed with the provision that coverage shall not be canceled nor materially reduced in coverage without 30 days prior written notice (10 days for non-payment of premium) to City by certified mail.

D. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

E. If applicable, Builders Risk (or course of construction), written on an all-risk form, for 100% completed value on the insurable part of the project. The Builders Risk policy shall provide for losses to be payable to City and Contractor as their interests may appear, and that in the event of payment for any loss under the coverage provided, the insurer shall not have rights of recovery against City and Contractor.

F. Prior to City's execution of Contract, Contractor shall provide properly executed Certificates of Insurance and Endorsements evidencing the insurance required herein, including the amount of any policy deductible or self-insured retention, on forms approved by City.

G. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40 H. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

I. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance.

J. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Agenda Item #4.6:

Contract for Minor Public Works Projects

K. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

L. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

M. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

N. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

9. The term of this Agreement shall commence at 12:00 a.m. on ______________ (the “Commencement Date”) and shall expire at 11:59 p.m. on _____________ (the “Termination Date”) unless extended by written agreement of the parties or terminated earlier. Contractor may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this agreement.

10. The Contract shall be construed and interpreted according to California law; any action to enforce the terms of this Contract or for the breach thereof shall be brought and tried in the County of Sonoma.

11. Should the Contractor fail to complete this Contract with the time fixed for completion, due allowance being made for unavoidable delays, it shall become liable to City in the amount of $1,000 in Liquidated Damages per calendar day for each day said Work remains incomplete beyond the time for completion. If it appears to the Contractor that it will not complete the Work in the time agreed, it shall make written application to City at least ten (10) calendar days prior to expiration of the time for completion, stating the reasons why and the amount of extension it believes should be granted. The City may then, with discretion, grant, or deny such extension. Any money due or to become due to Contractor may be retained to cover the liquidated damages, and should such money not be sufficient to cover such damages, the City shall have the right to recover the balance from Contractor or its Sureties.

12. Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all Work will be of good quality free from faults and defects and in conformance with the contract documents. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with the Contract or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty material or workmanship.

Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom which shall appear within the period of one (1) year from the date of final payment by the City for the Work. City will give notice of observed defects with reasonable promptness.

13. By execution of this Contract, Contractor warrants that it has carefully examined the site of the Work contemplated and any plans and specifications and contract documents pertaining to the Work and has Agenda Item #4.6:

Contract for Minor Public Works Projects

satisfied itself of all local conditions affecting the Work and delivery of materials; City specifically disclaims any warranties for information provided to Contractor. It is the obligation of Contractor to notify City of any and all ambiguities, conflicts, etc., in and among such plans, specifications and/or documents.

14. Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control at all times. No subcontractor will be recognized as such, and all persons engaged in the Work will be considered as employees of Contractor, and it will be held responsible for the Work which shall be subject to the provisions of the Contract and specifications, if any.

15. Whenever, in the opinion of the City, the Contractor is neglecting the Work or is not prosecuting the same with diligence or is not fulfilling the provisions of the Contract and specifications, the Work, wholly or in part, may be suspended by written order of the City. If the Contractor, within five (5) days after the date of receipt of such a written order, does not agree to provide the required remedies for such deficiencies, the City may declare this Contract terminated and itself proceed to complete the Work herein specified or engage others to do the same.

The cost of such Work and necessary materials shall be charged against the Contractor and be deducted from next or subsequent estimate payment for same. If payments to Contractor are not sufficient to cover the charges, the balance may be recovered from the Contractor or its Sureties. If City declares the Contract terminated pursuant to this paragraph and the amount of any such charges is less than the amount which would have been due to Contractor upon completion of the Work by it, the difference shall be paid it by City; should the amount of said charges exceed the latter, the difference shall be paid by Contractor to City.

16. In the event City declares this Contract terminated pursuant to the previous paragraph, Contractor shall discontinue Work, and City reserves the further right to take possession of and use any materials or equipment of any nature whatsoever belonging to or used by the Contractor on the Work. All expenses charged under this paragraph shall be deducted and paid by City out of any monies due Contractor under the Contract, and in such accounting City shall not be held to obtain the lowest figure for completing the Contract, but all sums actually paid therefore shall be charged to the Contractor.

17. Contractor shall procure all permits and licenses, including, but not limited to, a City of Sonoma business license, pay all charges and fees and give all notices necessary and incident to the lawful prosecution of the Work and comply with all conditions of any permit, license or authorization allowed. Contractor shall ensure that each subcontractor has all required permits and licenses (including, but not limited to, a City of Sonoma business license), given all required notices and complies with all conditions of any permit, license or authority.

18. Pursuant to Public Contract Code Section 7103.5, Contractor assigns to City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services or materials for this Contract. This assignment shall be made and effective at final payment without further acknowledgment by the parties.

19. Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he/she shall have given the City due written notice of potential claim.

The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the City prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation if based on an act, or failure to act, by the City, or in all other cases within fifteen (15) days after the happening of the event, thing, occurrence, or other cause giving rise to the potential claim.

20. In the event the Work requires Contractor to dig trenches or other excavations deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in §25117 of the Health & Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated.

Agenda Item #4.6:

Contract for Minor Public Works Projects

C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract.

D. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in this Contract.

In the event that a dispute arises between City and Contractor, whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all Work to be performed under this Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

21. Contractor shall comply with all applicable provisions of federal, state and local law including, but not limited to, the following requirements of the California Labor Code:

A. City has obtained from the Director of the State Department of Industrial Relations the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the county in which said work is to be performed for each craft and type of workman or mechanic needed to execute this Contract. These prevailing rates are on file in the City's office and will be made available to any interested party upon request. The Contractor shall post a copy of said prevailing rates at the job site.

Pursuant to Sections 1770, et seq., the Contractor and all subcontractors under him shall pay not less than the prevailing wage rate. The Contractor shall forfeit to the City, as a penalty, Fifty Dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, such laborer, workman or mechanic employed for each calendar day or portion thereof, such laborer, workman, or mechanic who is paid less than the prevailing wage rate for any Work done under this Contract by him, or by any subcontractor under him.

B. Pursuant to Sections 1810, et seq., eight (8) hours of labor shall constitute a legal day's work upon all Work done hereunder, and it is expressly stipulated that no workman employed at any time by the Contractor, or by any subcontractor or subcontractors under this Contract, upon the Work or upon any part of the Work contemplated by this Contract, shall be required or permitted to work thereon more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except as provided in Section 1815; all the provisions whereof are deemed to be incorporated herein, and it is further expressly stipulated that for each and every violation of said last named stipulation, said Contractor shall forfeit, as a penalty to the City, Twenty-five Dollars ($25.00) for each workman employed in the execution of this Contract, or by any subcontractor under this Contract, for each calendar day during which said workman is required to labor more than either (8) hours in violation of the provisions of said sections of the Labor Code.

C. Contractor shall comply with Section 1776 relating to certified copies of payroll records including the maintenance of these records and their certification and availability for inspection.

D. Contractor agrees to comply with Sections 1777.5, 1777.6 and 1777.7 regarding employment of apprentices. The responsibility for compliance with these provisions if fixed with the prime contractor for all occupations.

E. In the event the Work involves the excavation of any trench(es) five (5) feet or more in depth, Contractor shall submit a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench(es) in accordance with Section 6705.

F. Pursuant to requirements under the California Labor Code, Contractor hereby acknowledges its affirmative obligations related to the Department of Industrial Relations (DIR) compliance and enforcement efforts with respect to prevailing wage requirements on public works projects. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)]. Contractors and Subcontractors may register with the DIR at Agenda Item #4.6:

Contract for Minor Public Works Projects

https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR pursuant to Labor Code section 1725.5.

This construction of the improvements under this Agreement is subject to compliance monitoring and enforcement by the DIR.

22. In the event that any scope of work requested by the City to the Contractor may exceed a total amount of $25,000.00, Contractor must then obtain the following bonds: a Performance Bond in the amount of 100% of the estimated contract task price and a Payment “Labor and Materials” Bond in the amount of 100% of the estimated contract task price, which shall be duly executed by Contractor as Principal and an admitted surety company as Surety prior to City's execution of this Contract. In conjunction with submittal of the bonds, the Contractor shall furnish the original, or a certified copy, of the unrevoked appurtenant Power of Attorney or other instrument authorizing the person who executed the bonds to do so and a certificate from the Clerk of Sonoma County that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled or suspended.

23. Contractor shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

24. This contract is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public City, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

25. This Agreement is subject to Government Code Section 84308, as amended by SB 1439.

Contractor shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Contractor’s execution of this Agreement.

26. Under no circumstances shall Contractor or its employees look to the City as an employer.

Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

27. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Agenda Item #4.6:

Contract for Minor Public Works Projects

28. Contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

29. Compliance with Laws.

A. General. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required for Contractor to practice its profession.

City is not responsible or liable for Contractor’s failure to comply with any or all of the requirements contained in this paragraph or in this Agreement.

B. Workers’ Compensation. Contractor certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing performance of this Agreement and at all times in the performance of the Agreement.

C. Injury and Illness Prevention Program. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

D. City’s Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance, this contract is subject to the applicable provisions of the Living Wage Ordinance (LWO) of the City as amended from time to time and can be found at https://www.sonomacity.org/living-wage-law/ and is incorporated by reference into and made a part of this Agreement. (1) The Contractor assures payment of a minimum wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. (2) The Contractor, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer’s compliance or anticipated compliance with the LWO.
(3) Any Subcontract entered into by the Contractor relating to this Agreement shall be subject to the provisions of the LWO.
(4) The Contractor shall, immediately upon execution of Contract, provide notification to all affected employees of the wage required to be paid pursuant to the LWO. (5) The Contractor shall provide, upon demand by City, documents and information verifying compliance with the requirements of the LWO.
(6) The City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the subject Contractor has violated provisions of the LWO.

Agenda Item #4.6:

Contract for Minor Public Works Projects

E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Contractor and all subcontractors shall have acquired, at Contractor’s expense, a business license from the City in accordance with Chapter 5.04 of the Sonoma Municipal Code, prior to City’s issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Contractor until such time as Contractor complies with this section.

F. City Not Responsible. The City is not responsible or liable for Contractor’s failure to comply with any and all of said requirements.

SIGNATURES ON NEXT PAGE

Agenda Item #4.6:

Contract for Minor Public Works Projects

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written.

RE Maher, Inc. City of Sonoma
By: _______________________________ By: _______________________________ Name: Mark Linder
President or CEO Interim City Manager
Date: ________________________ Date:__________________________ Agenda Item #4.6:

Contract for Minor Public Works Projects

EXHIBIT “A”

SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE

1.0. SCOPE OF SERVICES. Contractor will perform the Services described in this Exhibit “A,” in accordance with the terms of the Agreement. Upon City’s request, Contractor agrees to:

2.0. SCHEDULE OF PERFORMANCE.

2.1. REQUESTS FOR SERVICES. Upon request by City, Contractor will provide the Services described above, beginning on Effective Date, and ending on [DATE]. The Services will be provided for a variety of individual matters, as required by the City. Upon request by the City’s Authorized Representative for Contractor to perform Services for a particular matter, Contractor will provide a written estimate of the time within which Services for the matter will be completed, and the estimated cost for providing the requested Services. Following written authorization from the City’s Authorized Representative, Contractor will perform and complete the Services as specified in the written authorization. Contractor is not entitled to payment for any Services performed without a written authorization, or for Services that exceed the scope of a written authorization. For purposes of this Section, the written estimate and written authorization may be provided on paper or in an electronic form.

Agenda Item #4.6:

Error! Unknown document property name.

EXHIBIT “B”

COMPENSATION RATES AND CHARGES

1. AUTHORIZED EXPENSES AND RATES:

Contractor will be reimbursed for costs incurred to provide the Services only as follows and subject to the not-to-exceed limit in Section 2 of the Agreement:

Agenda Item #4.6:

Contract for Minor Public Works Projects

WORKER’S COMPENSATION INSURANCE ACKNOWLEDGEMENT
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker’s Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.

Date:________________________ _____________________________________ Signature
_____________________________________
Printed Name
_____________________________________
Title
Agenda Item #4.6:

Contract for Minor Public Works Projects

CAMPAIGN CONTRIBUTION DISCLOSURE PROVISIONS
Cities are subject to the campaign disclosure
provisions detailed in Government Code Section
84308.

Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Form must be completed and returned to the City of Sonoma (City) with your application.

No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $250 from any party1 or agent2 for 12 months subsequent to the
date a final decision is rendered by the City. This
prohibition commences when your application has
been filed, or the proceeding is otherwise initiated.

A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $250
made to any councilmember or commissioner by the
party, or agent, during the preceding 12 months. No
party to a City proceeding, or agent, shall make a
contribution to a councilmember or commissioner during
the proceeding and for 12 months following the date a
final decision is rendered by the City.

Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $250 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the
proceeding. However, if any councilmember or
commissioner receives a contribution that otherwise
would require disqualification, and returns the
contribution within 30 days of knowing about the
contribution and the relevant proceeding, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as To determine whether a campaign contribution of more than $250 has been made by you or your agent to a councilmember or
commissioner within the preceding 12 months, all contributions made by you or your agent during that period must be aggregated.

Names of current City councilmembers and commissioners are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) ___________________________________ Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any councilmember or commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Agenda Item #4.6:

Contract for Minor Public Works Projects

Agenda Item #4.6:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Planning and Community Services
Staff Contact
Kristina Tierney, Associate Planner
Agenda Item Title
Adopt an Ordinance Amending the Sonoma Municipal Code Amending Title 14, Section

14.27.030 (Definitions) to Align the Definition of a Duplex with Recent Changes to Chapter

19.92 (Definitions); Title 19, Chapter 19.10 (Zones and Allowable Uses) to Ensure Consistency between 19.10 and 19.40.050 (Hillside Development) Regarding the Requirement for a Single-Family Residence to Obtain a Use Permit in the Hillside Residential (R-HS) Zoning District and Other Minor Corrections and Amending Section 19.44.060 (Continued Availability) to Clarify Terms of Affordability and Finding such Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) - General Rule - of the CEQA Guidelines.

Summary
The proposed ordinance was introduced by City Council on December 14, 2022, and represents a round of zoning clean-ups to address various internal inconsistencies in the Sonoma Municipal Code, including:
• Amendments to Title 14, Section 14.27.030 (Definitions) to align the definition of a duplex with recent changes to Chapter 19.92 (Definitions); • Amendments to Chapter 19.10 (Zones and Allowable Uses) to clarify an inconsistency between Section 19.40.050 (B) 3 (Conditional Use Permit Required) and Table 2.1 (Residential Uses and Permit Requirements) contained in Chapter 19.10 (Zones and Allowable Uses). This amendment would not amend the rules in effect as pursuant

19.02.020 (G) (Conflicting Requirements) when there are conflicts between different requirements of this development code, or between this development code and other municipal code provisions, the most restrictive shall apply. • Additional edits to Chapter 19.10 include corrections to several references to special use regulations that are incorrect in Tables 2-1, 2-3 and 2-4. • Amendments to Section 19.44.060 (Continued Availability) would clarify the terms of affordability for inclusionary housing units.

The City Council is being asked to adopt the ordinance at this time. Upon adoption, the ordinance will go into effect 30 days later, on February 22, 2023.

Recommended Council Action
Introduce the ordinance.

Alternative Actions
Council discretion
Financial Impact
None.

Agenda Item #4.7:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Proposed Ordinance - 2022 Zoning Code Clean Up CC Adoption 1 23 23 Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.7:

1 Ord. Title 19 SMC 2022
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING THE CITY OF SONOMA MUNICIPAL CODE TITLE 14, SECTION 14.27.030 (DEFINITIONS) TO ALIGN THE DEFINITION OF A DUPLEX WITH RECENT CHANGES TO CHAPTER 19.92 (DEFINITIONS) AND TITLE 19, CHAPTER 19.10 (ZONES AND ALLOWABLE USES) TO ENSURE CONSISTENCY BETWEEN 19.10 AND 19.40.050 (HILLSIDE DEVELOPMENT) REGARDING THE

REQUIREMENT FOR A SINGLE-FAMILY RESIDENCE TO OBTAIN A USE PERMIT IN THE HILLSIDE RESIDENTIAL ZONING DISTRICT AND OTHER MINOR CORRECTIONS; AND SECTION 19.44.060 (CONTINUED AVAILABILITY) TO CLARIFY TERMS OF AFFORDABILITY

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

WHEREAS, the California Legislature has declared that there is a severe shortage of affordable housing and has changed laws to expedite the local residential development process, including regulations requiring the modification of local regulations to streamline housing development and for clarity; and WHEREAS, on October 19, 2022 the City Council of the Sonoma identified a discrepancy between the requirement to obtain Use Permit approval from the Planning Commission for the construction of a single-family residence in the Hillside Residential (R-HS) zoning district contained in 19.40.050 (B) 3 (Conditional Use Permit Required) and Table 2.1 (Residential Uses and Permit Requirements) contained in Chapter 19.10 (Zones and Allowable Uses), as well as several references to special use regulations that are incorrect in Tables 2-1, 2-3 and 2-4; and WHEREAS, on November 17, 2022, the Planning Commission discussed amendments to Chapter 19.10 (Zones and Allowable Uses) and unanimously recommended that the City Council introduce an ordinance; and WHEREAS, the City Council found this ordinance to be exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines prior to taking action; and WHEREAS, on December 14, 2022, the City Council held a public hearing and considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan; and WHEREAS, the proposed amendments to the Sonoma Municipal Code are consistent with State Law.

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

SECTION 1. Amendments to the Sonoma Municipal Code
A. Section 14.27.030 (Definitions) is amended as follows:

B. “Duplex” means a residential structure under single ownership containing two dwellings.

Agenda Item #4.7:

2 Ord. Title 19 SMC 2022
B. Table 2-1, 2-3 and 2-4 in Section 19.10.020 of the Sonoma Municipal Code (Zoning districts established) is amended as follows:

Agenda Item #4.7:

3 Ord. Title 19 SMC 2022
Table 2-1 (Residential Uses and Permit Requirements) is hereby amended as follows:

Allowed Uses and Permit
Requirements for Residential
Districts (1)
Permit Required by District (2) P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use (1) R-HS R-R R-L R-S R-M R-H R-O R-P Specific Use Regulations

AGRICULTURE, RESOURCE AND OPEN SPACE USES
Animal Keeping P P UP — — — — — Chapter 8.08
SMC
Crop Production and
Horticulture
P P UP — — — — —
Produce Stands for
On-Site Production
P P UP — — — — — SMC

19.50.070

MANUFACTURING AND PROCESSING USES
Existing Uses — — — — — — — — SMC

19.82.020

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Equestrian Facilities UP UP — — — — — —
Parks and
Playgrounds
P P P P P P P —
Religious Facilities — — UP UP UP UP — —
Schools – Public
and Private
— — UP UP UP UP — —
RESIDENTIAL USES (2)
Accessory Dwelling
Units

P P P P P P P P SMC

19.50.090
Accessory Dwelling
Units, Junior

P P P P P P P P SMC

19.50.090
Duplex — — P P P — — —
Emergency Shelters — — — — UP UP UP — SMC

19.50.033
Home Occupation P P P P P P P P SMC

19.50.04003
5 Live/Work Facilities — — — — UP — — — SMC

19.50.050
Mobile Home Park — — — — — — — UP SMC

19.50.035
Multi-family Dwelling
(Four or fewer units)
— — — UP P P P —
Multi-family Dwelling
(Five or more units)
— — — UP UP UP P —
Agenda Item #4.7:

4 Ord. Title 19 SMC 2022
Personal Indoor
Cannabis Cultivation
(4)

P P P P P P P P SMC

19.50.032.A
Personal Outdoor
Cannabis Cultivation
(4)

P P P P P P P P SMC

19.50.032.B
(Prohibited if
multifamily
dwelling or
mobile
home)
Residential
Accessory
Structures

P P P P P P P P
Residential Care
Homes, Six or fewer
clients
— — P P P — — —
Residential Care
Homes, Seven or
more clients
— — — — UP — — —
Single-Family
Dwellings
UP P P P P — — — — SMC

19.40.050

19.50.035
Supportive Housing
(3)
P P P/UP P/UP P/UP P/UP — —
Transitional Housing
(3)
P P P/UP P/UP P/UP P/UP — —

RETAIL TRADE AND SERVICES
Art, Antique,
Collectible and Gift
Sales
— — — UP — — — —
Artisan Shops — — — UP — — — —
Bed and Breakfast
Inns (B&Bs)
UP UP UP — — — — — SMC

19.50.030
Child Day Care
Center
— UP UP UP UP UP UP —
Child Day Care:

Small Family Day
Care Home
— UP UP UP UP UP — —
Child Day Care:

Large Family Day
Care Home
— — UP UP UP UP UP —
General Retail — — — UP — — — —
Governmental and
Public Facilities
— UP UP UP UP UP UP —
Libraries and
Museums
— — — UP — — — —
Agenda Item #4.7:

5 Ord. Title 19 SMC 2022
Medical Services –
Extended Care
— — — UP UP — — —
Offices, Professional
and Administrative
— — — UP — — — —
Personal Services — — — UP — — — —
Restaurant — — — UP — — — —
Senior Residential
Care Facilities
— — — — UP — — —
Telecommunications
Facilities,
Commercial
See Chapter 5.32 SMC, Telecommunications Facility and Antenna Criteria Time-shares
– – – – – – – –
SMC

19.50.140

SPECIAL PURPOSE USES
Public Utility
Facilities
— — — — — — — —
Public Utility
Equipment

P P P P P P P P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City’s Growth Management Ordinance (SMC 19.94).

3. Supportive and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-HS, R-R, RL and RS residential zones, whereas Supportive and Transitional housing structured as multi-family is limited to the RM and RH residential zones and the Mixed-Use Zone.

4. Personal cultivation of cannabis (Indoor and Outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

Agenda Item #4.7:

6 Ord. Title 19 SMC 2022
Table 2-3 (Mixed Uses and Permit Requirements) is amended as follows:

Allowed Uses and Permit
Requirements for Mixed Use
Zoning Districts (1)
Permit Required by District
(2)
P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use MX Specific Use Regulations
MANUFACTURING AND PROCESSING USES (3)
Artisans/Craft Product
Manufacturing
UP
Food and Beverage
Manufacturing
UP
Furniture/Fixtures
Manufacturing, Cabinet
Shops
UP
Change in Existing
Nonconforming Uses
UP SMC 19.82.020
Recycling Facilities – Small
Collection Facilities
—
Research and Development
(R&D)
UP
Warehousing, Wholesaling
and Distribution
—
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES (3)
Clubs, Lodges, and Private
Meeting Halls
UP
Community Centers UP
Health/Fitness Facilities UP
Indoor
Amusement/Entertainment
Facilities
UP
Agenda Item #4.7:

7 Ord. Title 19 SMC 2022
Libraries and Museums UP
Outdoor Commercial
Recreation
—
Religious Facilities UP
Schools – Specialized
Education and Training
UP
Studios for Art, Dance, Music,
Photography, Etc.

UP
Theaters and Auditoriums UP
RESIDENTIAL USES (4)
Accessory Dwelling Units P SMC 19.50.090
Accessory Dwelling Units,
Junior
P SMC 19.50.090
Duplex — —
Emergency Shelters UP SMC 19.50.033
Live/Work Facilities UP SMC 19.50.050
Multi-family Dwelling (Four or
fewer units)
P
Multi-family Dwelling (Five or
more units)
UP
Personal Indoor Cannabis
Cultivation (7)
P SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Residential Care Homes,
Seven or more clients
UP
Single-Family Dwellings — (5)
Supportive Housing, four or
fewer units
P
Agenda Item #4.7:

8 Ord. Title 19 SMC 2022
Supportive Housing, five or
more units
UP
Transitional Housing, four or
fewer units
P
Transitional Housing, five or
more units
UP
RETAIL TRADE (3)
Accessory Retail Uses UP
Art, Antique, Collectible and
Gift Sales
UP
Artisan Shops UP
Auto and Vehicle
Sales/Rental
—
Building Material Stores —
Commercial Cannabis Activities (8):

Manufacturing UP SMC Chapter 5.36
Non-store front retail UP SMC Chapter 5.36
Testing laboratory UP SMC Chapter 5.36
Drive-In and Drive-Through
Sales
UP
Farmers Market UP
Fueling Station UP
Furniture, Furnishings and
Equipment Stores
UP
General Retail UP
Grocery Store UP
Music Venue L Chapter 5.34 SMC
Outdoor Retail Sales and
Activities
UP
Agenda Item #4.7:

9 Ord. Title 19 SMC 2022
Plant Nurseries and Garden
Supply Stores
UP
Restaurant UP
Second Hand Stores UP
Shopping Center UP
Special Event Venue (6) UP
Wine Tasting Facilities/Wine
Bars
WTUP SMC 19.50.120
Tap Rooms UP SMC 19.50.130
SERVICES (3)
Auto Parts Sales UP
Banks and Financial Services UP
Bed and Breakfast Inns
(B&Bs)
UP SMC 19.50.030
Business Support Services UP
Child Day Care Facilities UP
Drive-In and Drive-Through
Facilities
UP
Equipment Rental UP
Governmental and Public
Facilities
UP
Hotel or Motel UP
Medical Services – Clinics,
Offices, Laboratories
UP
Medical Services – Hospitals —
Mortuaries and Funeral
Homes
UP
Offices, Professional and
Administrative
UP
Agenda Item #4.7:

10 Ord. Title 19 SMC 2022
Personal Services UP
Storage – Outdoor — SMC 19.40.100(D)
Storage – Personal Storage
Facility (Mini-Storage)
—
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Time-shares —
SMC 19.50.140
Vacation Rental — SMC 19.50.110
Vehicle Services, Repair and
Maintenance
UP
Vehicle Services, Service
Stations
— SMC 19.50.100
Repair Services for
Consumer Products
UP

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Formula Business, Small UP SMC 19.50.035
Formula Business, Large UP SMC 19.50.035
Formula Restaurant, Large UP SMC 19.50.035

SPECIAL PURPOSE USES
Public Utility Facilities —
Public Utility Equipment P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New development in the Mixed-Use zone shall include a residential component unless waived by the planning commission through use permit review (see SMC 19.10.020(C)).

3. Uses within these categories are allowed only if the planning commission finds that the use will not result in the encroachment of incompatible commercial uses within an established residential area.

4. New residential developments subject to the city’s growth management ordinance.

5. One existing single residence on an existing lot of record is allowed.

6. On sites of one acre in size or larger.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

Agenda Item #4.7:

11 Ord. Title 19 SMC 2022

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

Agenda Item #4.7:

12 Ord. Title 19 SMC 2022
Table 2-4 (Special Purpose Uses and Permit Requirements) is hereby amended as follows:

Allowed Uses and Permit
Requirements for Special
Purpose Zoning Districts
Permit Required by District P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use (1) A Pk P W Specific Use Regulations

AGRICULTURAL AND OPEN SPACE USES
Crop Production and
Horticulture
P — — P
Livestock Raising P — — — SMC 19.50.020
Prescribed Grazing — UP — —
Produce Stands for On-Site
Production
P — — — SMC 19.50.070
Trails, Hiking and Bicycling P P P —

MANUFACTURING AND PROCESSING USES
Agricultural or Food
Processing
— — — UP
Wineries — — — UP
Winery Accessory Uses — — — UP SMC 19.50.020

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Community Centers — — UP —
Community Garden — UP UP —
Equestrian Facilities UP UP — — SMC 19.50.020
Libraries and Museums — UP UP —
Parks and Playgrounds — P P —
Agenda Item #4.7:

13 Ord. Title 19 SMC 2022
Recreational Facilities — UP P —
Schools, Public and Private — — P —
Theaters and Auditoriums — UP P —
RESIDENTIAL USES (2)
Accessory Dwelling Units P — — — SMC 19.50.090
Accessory Dwelling Units,
Junior
P — — — SMC 19.50.090
Agricultural Employee
Housing
P — — —
Caretaker and Employee
Housing

UP UP UP UP
Emergency Shelters, 15 or
fewer beds
— — P — SMC 19.50.03335
Emergency Shelters, 16 or
more beds
— — UP —
Personal Indoor Cannabis
Cultivation (3)
P P P P SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (3)
P P P P SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Residential Accessory
Structures and Uses
P — — — SMC 19.50.080035
Single-Family Dwellings P — — — SMC 19.50.035
Supportive Housing (4) — — UP —
Transitional Housing (4) — — UP —
Vacation Rental — UP — — SMC 19.50.110

SERVICES
Offices – Administrative — UP UP —
Agenda Item #4.7:

14 Ord. Title 19 SMC 2022
Cemeteries — — P —
Child Day Care Facilities — — P —
Corporation Yard — — P —
Farmers Market P P P —
Governmental and Public
Facilities
— UP UP —
Kennel — — UP —
Medical Services – Hospitals — — UP —
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Timeshares — — — — SMC

19.50.140

SPECIAL PURPOSE USES
Public Utility Facilities — — UP —
Public Utility Equipment P P P P
Notes:

1. See Section 19.10.050.C regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City’s Growth Management Ordinance (SMC 19.94).

3. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

4. Supportive and transitional housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone.

C. Section 19.44.060 of the Sonoma Municipal Code (Continued Availability) is amended as follows:

19.44.060 Continued availability.

A. Duration of Affordability Requirement. Affordable units shall be legally restricted to occupancy by households of the income levels for which the units were designated in perpetuity. The land use permit application for the residential development project shall include the procedures proposed by the developer to maintain the continued affordability of the inclusionary and density bonus units in the following manner:

Agenda Item #4.7:

15 Ord. Title 19 SMC 2022
A. Development Projects with City Funding. Projects receiving a direct financial contribution or other financial incentives from the city, or a density bonus and at least one other concession or incentive, shall maintain the availability of the lower income density bonus units in perpetuity; B. Private Development Projects – Inclusionary and Density Bonus Only. Privately financed projects that receive a density bonus as the only incentive from the city shall maintain the availability of lower income density bonus units in perpetuity; and BC. Affordability Agreement. Affordability shall be guaranteed through an “affordability agreement” executed between the developer and the city (on a standard “For Sale” or “Rental” form approved by the city council). The project specific “affordability agreement” shall be approved by the city attorney and planning director particular to the project. The agreement shall be recorded on the subject property with the county recorder’s office before the issuance of building permits and shall become effective before final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include the following items:

1. Number and Duration. The number of, and duration of the affordability for, the affordable units;

2. Monitoring Affordability. The method in which the developer and the city are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement;

3. Marketing of Units. The method in which vacancies would be marketed and filled;

4. Location and Type. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and

5. Standards for Incomes and Rents/Sales Prices. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices consistent with the most recently adopted affordability policies of the city of Sonoma and Section 50053 of the Health and Safety Code. (Ord. 06-2021 § 1, 2021; Ord. 03-2016 § 5, 2016; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003. Formerly 19.44.040).

D. SECTION 2. Findings for Development Code Amendments.

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

Agenda Item #4.7:

16 Ord. Title 19 SMC 2022
A. Are consistent with the goals, policies, and actions of the General Plan because the amendments promote and preserve the use of property for housing;
B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above;
C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments facilitate permitting of duplexes in the low density residential zoning district and multifamily residential dwellings in the medium density and high density residential zoning districts, clarify the review process for concurrent applications to streamline permit processing, and clarify development standards for residential development projects.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city.

City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 4. Severability.

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

SECTION 5. Effective Date.

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

SECTION 6. Publication.

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

Agenda Item #4.7:

17 Ord. Title 19 SMC 2022
SECTION 7. This Ordinance Prevails Where There is Conflict.

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

APPROVED:
__________________________
Sandra Lowe, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the January 23, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Agenda Item #4.7:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Approving Temporary Use of City Streets by Motiv Servicing for the Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Rosé 5K on Saturday, July 15, 2023, and Half Marathon on Sunday, July 16, 2023.

Summary
Background
2023 will be the 18th annual running of the Napa to Sonoma Half Marathon. In 2019, Motiv Servicing added the Rosé 5K run and the Health and Wellness Expo on the Saturday prior to the annual Sonoma to Napa Wine County Half Marathon. Similar to previous years Motiv Servicing has submitted a Plaza Use Application and is proposing the same schedule of events as of 2022. The Plaza Use Agreement is attached for reference. The Special Events Committee (comprised of Sergeants from Sonoma Police Department, Fire Marshals from Sonoma Valley Fire District, Public Works Street Supervisor and Parks Supervisor, and the City Senior Management Analyst/Special Events Manager) has reviewed the Plaza Use (attached for your information) and Street Use Applications (see attachment), have met with the event organizer/applicant and discussed the list of proposed conditions of use.

The event organizer is requesting a staged move-in on the Sonoma Plaza which will begin on Friday, July 14, 2023, the goal is to be set and ready by 7:00 AM on Saturday, July 15, 2023, for the start of the Rosé 5K. City staff works with the event organizers on the move-in to ensure public access to City Hall. During both event days, there will be vendors onsite at the Plaza that fit the core themes of Health and Wellness.

NEW to 2023, Charles M. Schultz Sonoma County Airport is a naming sponsor of the event, and Motiv Servicing is now calling the event Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine County Half Marathon. This is a for-profit event and per the City of Sonoma's Special Events Policy for-profit events must donate ten percent of gross revenue to local Sonoma Valley non-profits, in previous years this has ranged between $45,000-$60,000 in donations. Fifty percent of the funding to non-profits can be used for in-kind services, and the remaining fifty percent needs to be straight donations.

Due to the effects of the Covid pandemic, and the loss of revenues tied to refunding race fees due to cancelations/ event postponements, the event organizer has not contracted with an outside entity to produce their annual economic development report for the 2022 race. There are plans to produce an economic development report for the 2023 event. It is important to note that this is not a requirement for approval per the City's Special Events Policy. The organizer has summited the 2019 economic development report that reports approximately 85% of the attendees/runners registered for the 2019 race were from out of town and the estimated direct economic impact is over $4M as a contribution to the local economy. The 2019 event utilized over 2,500 hotel/lodging room nights in both Sonoma and Napa Counties, in addition, local restaurants and other services prosper during the two-day event.

Agenda Item #4.8:

In 2023, the event organizer will continue to build on their working relationship with both the Sonoma Chamber of Commerce and the Sonoma Valley Visitors Bureau to ensure that the local businesses have an opportunity to market and sell to the event participants. Motiv will continue to partner with Sonoma Valley Vintners and Growers Alliance to ensure local winery participation in the wine-tasting portion of the event.

For Council Consideration
Motiv Servicing is requesting use of City Streets including those that encroach on State Hwy 12 for their two-day event the Rose 5k and the Napa to Sonoma Wine Country Half Marathon the weekend of July 15-16, 2023. The event organizer is requesting to use the same race routes they have used in the previous years (see attached maps). The Rosé 5K starts at 8:30 AM and all runners are off the roads by 9:30 AM and the roads are re-opened. Motiv has had the same half marathon route since 2018 with roads closing at 6:30 AM and re-opening at 11 AM. The half marathon on Sunday, July 16, 2023, will enter city limits at East Napa Street and will end in the Historic Sonoma Plaza. Route maps are attached to the staff report and include legends that identify road closures, staffing and detours.

The City did not receive complaints pertaining to the use of City streets in 2022. The event organizer coordinates the use of County roads/streets through Sonoma County permitting and the City didn't receive any reports of complaints from the County. In an effort to be good community members the Special Events Committee (SEC) has encouraged the event organizer to post additional signage including community messaging signs (CMS) for both the 5k race and the half marathon on streets and roads within and outside of City limits, these locations can be seen on the attached maps. Motiv Servicing will need to work with Sonoma County to ensure those residents that are affected by the road usage in the County are notified in advance of the event.

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

Saturday, July 15, 2023, Motiv Servicing has requested temporary use of city streets for the Charles M. Schultz Napa to Sonoma Wine Country Rosé 5K course.

1. Event Organizer will provide notice of the 5K race and temporary impediment of free passage of the traffic along the 5K run route to all businesses and residents no later than 10 days prior to the event. This includes residents North of East Spain Street.

Residents South of East Spain Street will also receive notification and will have full access out of the neighborhood during the race. The business notification can be done utilizing the same notification letter for the half marathon with a special callout for the Rosé 5K. Additional signage to be placed on Gehricke Road, Lovall Valley Road and Brazil Streets to address those areas outside of City limits.

2. Closure of East Napa Street between Plaza Horseshoe and 1st Street East (westbound lane). Barricades and Police Officers will be posted at 1st Street East and East Napa Street to ensure that drivers are adhering to the street closures. There will be signs on 1st Street East notifying drivers of the street closure ahead at East Napa Street between 7:00 AM-10:00 AM, as well as Police and or CHP will be required to be stationed at Broadway and Napa Street to ensure that the traffic is following the closures.

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

Agenda Item #4.8:

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

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

The contingency plan needs to be in place by May 15, 2023.

Sunday, July 16, 2023, Motiv Servicing has requested temporary use of city streets for the Napa to Sonoma Wine Country Half Marathon as follows:

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

This includes residents North and South of East Napa Street. Residents will also receive notification and will have full access out of the neighborhood during the race. The event organizer is being asked to add a Community Message Sign (CMS) to the intersection at Broadway and East MacArthur a week prior to the event to notify residents of the upcoming event and closures.
a. East Napa Street between Broadway and First Street East 7:00 AM until 11:00 AM
b. East Napa Street between 1st Street East and City Limits (one house East of 6th Street East) from 7:45 AM to 11:00 AM.

2. Closure of East Napa Street between Broadway and First Street East from 6:30 AM until 11:00 AM. Barricades and Police Officers and or CHP will be posted at Broadway to ensure that drivers are adhering to the street closures and detours.

3. Closure of the westbound of East Napa between 1st Street East and City Limit between 7:45 AM until 11:00 AM on Sunday, July 16, 2023. Road will be conned down the middle runners running down the westbound lane. The north side of East Napa Street will be posted No parking during the closure time.

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

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

6. By 11:00 AM East Napa Street between 1st Street East and 7th Street East will completely re-open a crossing guard will be in place to help the remaining runners cross at 1st Street East at East Napa Street. By 11:00 AM all runners and walkers left on the course will be instructed that they need to move to the sidewalk and that the streets are open to vehicles. The finish lane located on East Napa Street in between Broadway and 1st Street East takes 10-15 minutes to move the structure out of the street. It is staged in the parking spaces adjacent to the Plaza and will be disassembled not interfering with traffic.

7. Reach out to the CHP and the Sonoma Police Department for assistance with course management. Independent contracts with each entity are necessary.

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

Agenda Item #4.8:

9. Access to alley behind Basque Boulangerie will remain accessible until 7:45 AM each morning.

10. East-bound lane of East Napa will remain open to allow residents who live on East Napa street to exit the neighborhood heading East. Flaggers located at East Napa Street and 5th Street East, Patten Street and 1st Street East, Patten Street and 2nd Street East, Patten Street and 3rd Street East, Patten Street and 4th Street East, Patten Street and 5th Street East will direct cars back to Broadway, where they will be able to travel in either direction.

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

12. Professional traffic safety entity will be positioned at 4th Street East and East Napa Street and 4th Street East and East Spain Street. Any cars approaching from the North will be directed on Spain Street to 2nd Street West to access West Napa Street where they can make a left on Broadway to travel South.

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

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

Members of the Special Events Committee have met with the Event Organizer and reviewed the above proposal, at which time they identified recommended conditions of approval that have been incorporated in the attached Resolution. Based on the revised special events policy adopted on September 15, 2022 the City Manager has reviewed the Plaza Use Application and the above conditions and has approved the use based on City Councils final approval of the requested street use.

Recommended Council Action
Adopt a Resolution approving the use of City streets for Motiv Servicing, Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Half Marathon and Rose 5K which includes the conditions recommended by the Special Events Committee.

Alternative Actions
City Council discretion.

Financial Impact
The applicant is responsible for all fees associated with the closure of the streets.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Motiv Servicing_Street Use Application
Agenda Item #4.8:

2023 Resolution Approving Temporary Use of City Streets_ Motiv Sports_Wine Country Half Marathon
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:

Natalia Mendez, Motiv Servicing
Agenda Item #4.8:

City of Sonoma
No. 1 The Plaza
Sonoma CA 95476

PERMIT APPLICATION

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

Name of Applicant: Natalia Mendez
Name of Sponsoring Organization: Moth’Servicing Company LLC Address: 5904 Warner Ave, Unit 475, Huntington Beach, CA 92649 Telephone Numbers: Day: Cell: 858‘-2265459 Email: ”mendeZ@m0tiV5P°"t5-Com Name of Event Charles M.Schultz Sonoma County Airport Napa to Sonoma VlnneCountry Half Marathon and 5k Type of Event
— MarkAppropriate Box
.

Run or Walk Rally or Assembly Parade
Q Other
Date(s) of Event: July 1546» 2023
Street Closure(s) Requested: Please See attched
between and from am/pm to am/pm
between and from am/pm to am/pm
between and from am/pm to am/pm
Complete Description of Event. Using additional sheets if necessary, describe the number of participants; duration of the event; the number, type, size and material of all entries including any floats or banners; the number and type of animals and a plan for cleaning up after them; any seating being provided; and Judges Tables. Attach a map of the route to be used and indicating the location of the staging area, announcer‘s stand, barricade placement, vendors, Estimated DailyAttendance: Saturday
' Z000 Sunday" 41000 Ifa Sound Amplification is be used, describe the type, location, purpose and hours of use: Start line announcements and Finish line announcements/ampli?ed music 7;3()am-10;3oam Live music in the plaza Agenda Item #4.8:

5K Course Information:

Date: July 15, 2023
Start Time: 8:00 am
Distance: 5K(3.1 miles)
Course Route: Start/Finish
— Napa St.

Mileage

0.0 — 0.1

0.1 - 0.2

0.2- 0.5

0.6- 1.0

1.0 - 1.8

1.8 - 2.2

2.2-2.4

2.4- 2.8
Time
7:00 — 10:00am
8:00am
8:00 - 10:00am
8:15-9:00am
8:15-9:00am
8:15-9:30am
8:15—9:30am
8:00-9:30am
8:15—9:30am
Location (Direction)
Westbound Napa St. (Start/Finish) and Plaza Horseshoe
Race Start
— Napa St./SonomaPlaza
NBlane on 15:East between Napa and Spain
Spain St between 1stE and 4u.St E.

LovellValley Rd between 4mEand Gehrke
Gehrke between LovellValley Rd and Ravenswood parking
BrazilSt between Gehrke and 4mSt E
4th St E between E Spain St and Brazil
Bikepath between 4th St E and 1st St E
Agenda Item #4.8:

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Agenda Item #4.8:

Half Marathon Course Information:

Date:July 16, 2023
Start Time: 7:00 am
Distance: HalfMarathon,13.1 miles
Course Route: Cuvaison Carneros Winery in Napa to Sonoma Plaza

ROAD DELAYSAND ROLLING CLOSURES
CHP and Policewillprovide lead and rear support vehicles, in addition to support at intersections. The CHP patrol cars willdirect a rolling closure of the streets along the course route. Once in residential areas, runners willbe on the right side of the road, allowing for access to emergency vehicles and other vehicles upon direction of CHP or course monitors. CHP, police and course monitors will direct traffic and must be obeyed at alltimes for the safety of runners, pedestrians and vehicles. CHPwill place signs at road closures according to MUTCDrules.

Mileage Time

0.0 — 2.0 6:00 — 7:30am
7:00 — 7:30am

2.0-7.0 7:00 ~8:30am
' 6.8 — 7.2 7:30-9:00am

7.2 7:30—9:50am

7.5 7:45-9:15am

10.2 7:45—9:50am

11.2 7:45-10:10am

11.8 7:45~10:20am

12.2 7:45—11:O0am
~ 13.1 Finish
Location (direction)
Duhig Road closed to vehicles
Start at Cuvaison Carneros Winery
Ramal Rd. rolling closure.

Rollingclosure from Duhig to Dale Ave.

Lon DaleAve. (westbound)
Close DaleAve and RamalRd.to vehicle traf?c
R on BurndaleRd. to right lane (northbound)
Close Burndale Rd. from Daleto OldBurndale— Runners stay right. Emergency access out in southbound direction.

BurndaleAve. across Hwy 121
Signs willdirect vehiclesto prepare to stop on Hwy 121. CHP controlsintersection and crossings at their discretion.

Old BurndaleRd. across Napa Rd. to Denmark
CHP controls vehicle and runner crossings at Napa Rd.

Close Denmarkto vehicles. Emergency access out only against runners.

DenmarkRd. westbound across 8th St. East
CHP stops cars on 8th St. East when runners are present Runners turn right on 7”‘St East from Denmark
Rolling closure from Denmarkto East Napa St
Runners turn left from 7”‘St E onto East Napa St. Runners in WBlane of East Napa St. CHPcontrols intersection of 7"‘St E/EastNapa St.

Agenda Item #4.8:

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Agenda Item #4.8:

CITY OF SONOMA
RESOLUTION # _____ - 2023

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

CONSENTING TO THE USE OF CITY STREETS BY MOTIV SERVICING FOR THE CHARLES M. SCHULTZ SONOMA COUNTY AIRPORT CHARLES M. SCHULTZ SONOMA COUNTY AIRPORT NAPA TO SONOMA WINE COUNTRY ROSE 5K AND HALFMARATHON ON SATURDAY AND SUNDAY, JULY 15 and 16, 2023 WHEREAS, Motiv Servicing has submitted a street use application to conduct the Charles M.

Schultz Sonoma County Airport Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Rose 5K and Half Marathon, which will involve use of city streets; and WHEREAS, the Charles M. Schultz Sonoma County Airport Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Half Marathon will temporarily impede and restrict the free passage of traffic over city streets on July 15, 2023 between the hours of 7:00AM and 9:30AM and on July 16, 2023 between the hours of 6:30AM and 11:00AM; and WHEREAS, the Special Events Committee (comprised of Sergeants from the City of Sonoma Police Department, the Fire Marshal from Sonoma Valley Fire District, Public Works Street and Parks Supervisor and the City’s Senior Management Analyst) have identified and recommended conditions of approval for the use of City streets which are detailed in attached Exhibit A; and WHEREAS, the application for the use of city streets was brought forward to the City Council at its meeting of January 23, 2023.

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

1. The City Council approves and consents to the street closure associated with the proposed Charles M. Shultz Sonoma County Airport Wine Country Rose 5K and Half Marathon upon terms and conditions deemed appropriate and necessary by the State of California and Department of Transportation.

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

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

B. Applicant shall provide a written request for special barricading to the Public Works Department at least thirty days prior to the event and meet with the City’s Street Supervisor, Police Dept and Senior Management Analyst.

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

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

PASSED, APPROVED AND ADOPTED 23rd day of January 2023, by the following vote:

AYES:

NOES:

Agenda Item #4.8:

ABSENT:

ABSTAIN:
___________________________________
Sandra Lowe, Mayor
ATTEST:
___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.8:

EXHIBIT A
CHARLES M. SCHULTZ SONOMA COUNTY AIRPORT WINE COUNTRY MARATHON

CONDITIONS OF APPROVAL
Motiv Servicing has requested temporary use of city streets for the Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Rosé 5K and Half Marathon and the Special Events Committees Conditions of Approval are as follows:

Recommendation of the Special Events Committee (comprised of Sonoma Police Department, Sonoma Valley Fire District representatives, Public Works Street Supervisor and Parks Supervisor and the City’s Senior Management Analyst/Special Events Manager): Approve the street use application subject to the conditions of approval below.

Saturday, July 15, 2023 Motiv Servicing has requested temporary use of city streets for the Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Rosé 5K course.

1. Event Organizer will provide notice of the 5K race and temporary impediment of free passage of the traffic along the 5K run route to all businesses and residents no later than 10 days prior to the event. This includes residents North of East Spain Street. Residents South of East Spain Street will also receive notification and will have full access out of the neighborhood during the race. The business notification can be done utilizing the same notification letter for the half marathon with a special callout for the Rosé 5K.

Additional signage to be placed on Gehricke Road, Lovall Valley Road and Brazil Streets to address those areas outside of City limits.

2. Closure of East Napa Street between Plaza Horseshoe and 1st Street East (westbound lane). Barricades and Police Officers will be posted at 1st Street East and East Napa Street to ensure that drivers are adhering to the street closures. There will be signs on 1st Street East notifying drivers of the street closure ahead at East Napa Street between 7:00AM-10:00AM, as well as Police and or CHP will be required to be stationed at Broadway and Napa Street to ensure that the traffic is following the closures.

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

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

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

The contingency plan needs to be in place by May 15th of 2023.

Sunday, July 16, 2023, Motiv Servicing has requested temporary use of city streets for the Charles M. Schultz Sonoma County Airport Napa to Sonoma Wine Country Half Marathon as follows:

Agenda Item #4.8:

1. The applicant will be responsible for providing notice and detour routes to all residents and business affected by street closures in the affected areas 10 days in advance. This includes residents North and South of East Napa Street. Residents will also receive notification and will have full access out of the neighborhood during the race. The event organizer is being asked to add a Community Message Sign (CMS) to the intersection at Broadway and East MacArthur a week prior to the event to notify residents of the upcoming event and closures.

1. East Napa Street between Broadway and First Street East 7:00AM until 11:00AM

2. East Napa Street between 1st Street East and City Limits (one house East of 6th Street East) from 7:45AM to 11:00AM.

2. Closure of East Napa Street between Broadway and First Street East 6:30AM until 11:00AM. Barricades and Police Officers and or CHP will be posted at Broadway to ensure that drivers are adhering to the street closures and detours.

3. Closure of the west-bound of East Napa between 1st Street East and City Limit between 7:45AM until 11:00AM on Sunday July 16, 2023. Road will be conned down the middle runners running down the west bound lane. The north side of the East Napa Street will be posted No parking during the closure time.

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

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

6. By 11:00AM East Napa Street between 1st Street East and 7th Street East will completely re-open a crossing guard will be in place to help the remaining runners cross at 1st Street East at East Napa Street. By 11:00AM all runners and walkers left on the course will be instructed that they need to move to the sidewalk and that the streets are open to vehicles. The finish lane located on East Napa Street in between Broadway and 1st Street East takes 10-15 minutes to move the structure out of the street. It is staged in the parking spaces adjacent to the Plaza and will be disassembled not interfering with traffic.

7. Reach out to the CHP and the Sonoma Police Department for assistance with the course management. Independent contracts with each entity are necessary.

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

9. Access to alley behind Basque Boulangerie will remain accessible until 7:45AM each morning.

10. East-bound lane of East Napa will remain open to allow residents who live on East Napa street to exit the neighborhood heading East. Flaggers located at East Napa Street and 5th Street East, Patten Street and 1st Street East, Patten Street and 2nd Street East, Patten Street and 3rd Street East, Patten Street and 4th Street East, Patten Street and 5th Street East will direct cars back to Broadway, where they will be able to travel in either direction.

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

12. Professional traffic safety entity will be positioned at 4th Street East and East Napa Street and 4th Street East and East Spain Street. Any cars approaching from the North will be directed on Spain Street to 2nd Street West to access West Napa Street where they can make a left on Broadway to travel South.

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

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

Agenda Item #4.8:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer
Agenda Item Title
Adopt a Resolution Authorizing the Creation and Addition of a New Engineering Technician I / II Position and Direct the Interim City Manager to Initiate the Recruitment Process.

Summary
The mission of the Public Works Department is to serve the needs of Sonoma’s citizens by maintaining, operating, and improving the City’s infrastructure, including transportation, water distribution, well water supply, storm drainage, parks, and trails. The Engineering Services program provides engineering and technical support to various City departments, responds to citizen inquiries about public infrastructure, facilitates the City’s encroachment permit services, performs development review and plan check, performs engineering and construction management of capital improvement projects, provides mapping and engineering records support, and seeks grant funding for capital projects.

In the past year, the department has spent $292,795 on engineering consultant services to supplement staffing in the engineering services group. This position would partially relieve the financial burden of paying for outside engineering services to perform plan check and inspection services. This position would be accountable for all encroachment permits and support inspections of both development projects and capital improvement projects.

Staff is recommending creating Engineering Technician I & II positions in the SEIU Local 1021 represented group at a salary of $5,897 - $7,167 and $6,486 - $7,883 per month. The salaries are based on a survey of similar positions in our labor market and internal relationships. The Engineering Technician I and II allows for some flexibility in hiring and creates an enhanced opportunity for growth within the Public Works Department should an Engineering Technician I be hired. A job description is attached for Council’s review and approval.

Recommended Council Action
Adopt a Resolution of the City Council of the City of Sonoma authorizing the creation and addition of a new Engineering Technician I / II position and direct the City Manager to initiate the recruitment process.

Alternative Actions
Council discretion.

Financial Impact
The salary requirement of the Engineering Technician position is already accounted for in the Public Works FY22/23 budget, obviating the need for any additional budget request to fund this Agenda Item #4.9:

position. The monthly salary ranges for Engineering Technician I & II would be set at an annual maximum salary of $86,006 and $94,600, respectively, with the respective maximum burdened salary amounts planned as $125,203 and $134,868. The Public Works FY22/23 budget was inclusive of budget for outside engineering services to support Capital Improvement Projects in Transportation specifically inspection services for Public Works Biennial Slurry Seal (T3), the Citywide Sidewalk Program (T4) and Pavement Rehabilitation project (T5), as well as inspection services for Public Work Parks Capital Improvement Project Depot Park Rehabilitation (P9). A portion of the Engineering Technician burdened salary 30% or $40,460 would be allocated to conducting the inspection services for these CIP projects under GL# 302- 51001-703-70703 the City’s Gas Tax Fund for Roadway improvements. The Public Works FY 22/23 budget includes funding for staffing of the City’s water conservation budget; 40% or $53,947 of the Engineering Technician salary would come from this already budgeted staffing from GL# 510-62001-110-40110 the City’s water operations budget. Finally, the Public Works FY22/23 budget includes 3rd Party Engineering Inspections costs that are passed through to the developers under GL# 100-43020-355-50355; 30% or $40,460 of the Engineering Technician salary would be allocated to these pass-through costs supplanting the need for outside inspection services on private development projects.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Engineering Technician I II
City of Sonoma Engineering Tech I II
Alignment with Council Goals:

INFRASTRUCTURE:

To provide reliable, safe and effective infrastructure (streets and roads, sidewalks, parking and pedestrian safety) throughout the City; maintain the high level of service and reliability of City facilities; monitor, mitigate and reduce community impacts related to development, infrastructure repair, community events or other outside agencies.

Compliance with Climate Action 2020 Target Goals:

N/A
CC:

N/A
Agenda Item #4.9:

City of Sonoma
RESOLUTION # - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZNG THE CREATION AND

ADDITION OF A NEW ENGINEERING TECHNICIAN I/II POSITION, AND DIRECT THE CITY MANAGER TO

INITIATE THE RECRUITMENT PROCESS
WHEREAS, Public Works Department is to serve the needs of Sonoma’s citizens by maintaining, operating, and improving the City’s infrastructure; and
WHEREAS, The Engineering Services program provides engineering and technical support to various City departments, responds to citizen inquiries about public infrastructure, facilitates the City’s encroachment permit services, performs engineering and construction management of capital improvement projects; and WHEREAS, for FY 2021/22 Public Works spent in excess of $250,000 on engineering consulting services to support City staff; and
WHEREAS, Public Works has no permanent position to manage encroachment permits and inspection services; and
WHEREAS, Public Works has budget for CIP inspection services within the FY22/23 Budget; and WHEREAS, Public Works has budget for staffing the water conservation program within the FY22/23 Budget; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the following personnel allocation changes including the associated attachments as follows:

1.Creation of Engineering Technician I/II position
• Approve Exhibit A – Engineering Technician I and II Job Description • Approve Exhibit B –Engineering Technician I and II Salary Schedule

1. Engineering Technician I - $5,897 - $7,167 per month

2. Engineering Technician II - $6,486 - $7,883 per month • Add position to the SEIU Local 1021 represented group.

2.Authorize a fiscal year 2022-23 budget decrease of Public Works Contract Services by $39,540 and increase the staff salary funding budget by an equal $39,540.

3. Authority for the City Manager to initiate the recruitment process to hire an Engineering Technician I/II
ADOPTED this 23rd day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #4.9:

CITY OF SONOMA

ENGINEERING TECHNICIAN I/II

DEFINITION
Under direction, performs a wide variety of difficult technical, subprofessional engineering, construction inspection, surveying, material testing, field work, public coordination, utility and office engineering including but not limited to encroachment permitting, plan check, conditioning; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS
Engineering Technician I
This is the entry level position in the professional Engineering Technician class series.

Incumbents are provided training to enable them to gather, analyze, and monitor routine engineering-related data and formulate recommendations based on established criteria in the area of assignment. Incumbents are expected to perform the full range of duties as assigned with increasing independence.

Engineering Technician II
The journey level class in which incumbents are expected under general supervision to be fully competent to perform the full range of duties assigned. Incumbent should perform advanced, paraprofessional engineering office and field work; provide support to staff members and professional engineers and provide lead direction in an assigned engineering specialty function. This class is distinguished from the Engineering Technician I in that the routine technical work assignments of this class are performed more independently.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Public Works Director/City Engineer.

EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following:

Locate utilities, easements, property lines, and/or other information on plans; perform and check mathematical, computer, and/or statistical calculations used in engineering tasks; perform field investigations and/or inspections of existing conditions and new construction; collect, compile, and/or analyze data and/or field samples; notify contractors of discrepancies between work performed and the approved plans, specifications, and standards.

Review encroachment permits, as well as other drawings for conformance with established engineering standards; process permit applications and issue permits; determine and collect fees.

Agenda Item #4.9:

Inspect for compliance with plans and specifications the methods or materials being used on major construction projects including subdivisions; inspection may include the methods and materials used in the construction of streets, alleys, sidewalk, curbs, gutters, storm drains, reservoirs, catch basins, driveways, approaches, culverts, water and projects, and municipal buildings; reviews and interprets constructions plans and specifications, and consults with supervisor on deviations.

Respond to complaints, inquiries, and requests from information from other departments, outside agencies, and the public concerning plan checking, permit requirements, and other engineering activities in person or over the telephone.

Read and understand record drawings, parcel maps, subdivision maps, zoning maps, improvement plans, and specifications.

Use a variety of engineering office equipment; maintain engineering records; file information using numerical, alphabetical, and chronological and/or reverse chronological filing systems.

Understand and apply City and state design standards and specifications.

Understand and apply ADA upgrade and code through implementation of California building California Building Code (based on IBC or International Building Code), 2019 PROWAG (Public Right of Way Accessibility Guidelines) and the 2010 ADA Standards.

Identify discrepancies between plans and construction in the field.

Assist in the technical analysis of public works data and generation of necessary reporting associated with the analysis.

May attend other meetings as necessary
Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Foster an environment that embraces diversity, integrity, trust, and respect.

Be an integral team player, which involves flexibility, cooperation, and communication. Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Pertinent federal, state and local laws, codes, and regulations affecting ADA, Caltrans.

Methods and techniques of inspection, investigation, and code enforcement.

Agenda Item #4.9:

Applicable City and state codes, policies, and procedures; principles of project planning.

Principles and practices of record keeping and records management Principles and practices of chemistry, hydrology and geology.

Methods and techniques of data collection, research, and report preparation.

Familiarity with AutoCAD and GIS software desired.

Ability to:

Plan, organize, coordinate, and permits and projects.

On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports, and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures.

On a continuous basis, work outside in different types of weather while exposed to heavy traffic, noise, dust, fumes, vibrations, airborne particles, noxious odors, grease oil, cleaning chemicals, paint, glues, solvents, and spills. Intermittently, sit while driving a piece of equipment; stand and walk over rough, uneven or rocky surfaces while performing maintenance activities; bend and twist to adjust equipment; kneel and squat to review work; climb ladders or climb up on to heavy equipment to begin operations; perform duties in cramped areas such as trenches, vaults, and manholes; perform simple and power grasping, pushing, pulling, and fine manipulation; and lift or carry weight of 50 pounds or less.

Conduct accurate and thorough research; prepare accurate and concise analysis, reports, and recommendations.

Understand, interpret, explain and apply federal, state, and local policies, laws, and regulations.

Apply procedures and techniques involved in the investigation, documentation, and enforcement of codes and regulations.

Use sound judgment in recognizing scope of authority.

Operate and use modern office equipment including computers and applicable software.

Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities.

Utilize appropriate safety procedures and practices for assigned duties.

Agenda Item #4.9:

Establish and maintain effective working relationships with those contacted in the course of work.

Work with various cultural and ethnic groups in a tactful and effective manner. Communicate clearly and concisely, both orally and in writing.

Experience and Education
Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

Two years of experience in technical support work in the field of public works.

Education:

Equivalent to graduation from high school, supplemented by courses in trigonometry and computer aided design and drafting. College level course work in mathematics, computeraided design, construction practices, surveying, and other related courses are desirable.

Engineering Technician II:

In addition to the above, two years of public works experience equivalent to that of an Engineering Technician I in the City of Sonoma.

License and Certificate
Possession of, or ability to obtain, a valid California driver's license.

Agenda Item #4.9:

Salary Monthly
Position A B C D E
EngineeringTech I           5,897$           6,191$           6,501$           6,826$           7,167$ EngineeringTech II           6,486$           6,810$           7,150$           7,508$           7,883$ Salary Annually
Position A B C D E
EngineeringTech I         70,759$         74,297$         78,012$         81,912$         86,008$ EngineeringTech II         77,828$         81,719$         85,805$         90,095$         94,600$ Salary Schedule
Agenda Item #4.9:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Administration
Staff Contact
Liz Garcia, Deputy Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of December 2022.

Summary
The attached report shows disbursements for the month of December 2022.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, December 2022
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
December 2022
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.10:

Check No. Transaction Description Date Amount
99956 Aecom Technical Services, Inc. Hotel Sonoma 2020 Recirculated Draft EIR 12/15/2022 2,626.25 99858 Alexandria Quackenbush UB Refund Check 12/08/2022 100.82 99955 Allyson Weekes UB Refund Check 12/15/2022 233.89
99831 Alyson Douglas UB Refund Check 12/01/2022 110.09
99866 Andrew Hening Consulting LLC Homelessness Strategic Planning 12/08/2022 3,631.25 99828 Angelo & Justine Cuneo UB Refund Check 12/01/2022 150.00 99830 Annah Dominis UB Refund Check 12/01/2022 650.82
99809 Ashley Cornil Turf Rebate 12/01/2022 481.00
99958 Association of Bay Area Governments FY22/23 ABAG Membership Fee 12/22/2022 3,506.00 99959 AT&T Communications Nov 2022 12/22/2022 371.91
99959 AT&T Communications Nov 2022 12/22/2022 660.46
Vendor Total 1,032.37
99806 Bay Area Barricade Service Supplies 12/01/2022 63.11 99806 Bay Area Barricade Service Supplies 12/01/2022 32.70 99806 Bay Area Barricade Service Supplies 12/01/2022 182.47 99806 Bay Area Barricade Service Supplies 12/01/2022 303.09 Vendor Total 581.37
99838 Betty Hourihan UB Refund Check 12/01/2022 99.64
99807 Bolt Electrical Services 12/01/2022 855.90
99901 Bolt Temp Staffing Maintenance 12/15/2022 1,111.12 99901 Bolt Temp Staffing Maintenance 12/15/2022 58.48
Vendor Total 2,025.50
99902 Boys and Girls Clubs of Sonoma Valley FY22-23, City Sponsorship/Service Contract 12/15/2022 4,583.33 99867 BPXpress Engineering Services 12/08/2022 100.00
99867 BPXpress Engineering Services 12/08/2022 250.00
Vendor Total 350.00
99904 Caltest Laboratories Inc Water testing 12/15/2022 4,347.40 99883 Cathryn Martindale Mileage 12/08/2022 42.31
99848 Charlotte Ruffner UB Refund Check 12/01/2022 131.45 99950 Christina Merzona UB Refund Check 12/15/2022 150.00 99845 Christine Miller UB Refund Check 12/01/2022 47.03 99843 Christopher Mahurin UB Refund Check 12/01/2022 124.04 99808 Church's Tree Service Remove/install banners 12/01/2022 1,800.00 99961 Church's Tree Service Install Holiday Banners/Wreaths 12/22/2022 450.00 99961 Church's Tree Service Install Holiday Banners/Wreaths 12/22/2022 3,600.00 99961 Church's Tree Service Install Holiday Banners/Wreaths 12/22/2022 450.00 Vendor Total 6,300.00
100007 Claudia Merkle UB Refund Check 12/22/2022 455.10 99868 CleanRiver Recycling Solutions Materials 12/08/2022 1,798.00 99905 Coastland Civil Engineering BUILDING DEPARTMENT SERVICES Nov 2022 12/15/2022 4,200.00 99906 Colantuono, Highsmith & Whatley PC Legal Services October 2022 12/15/2022 19,397.84 99906 Colantuono, Highsmith & Whatley PC Legal Services October 2022 12/15/2022 3,707.29 99906 Colantuono, Highsmith & Whatley PC Legal Services October 2022 12/15/2022 1,291.08 Vendor Total 24,396.21
99854 Coleen Wheeler UB Refund Check 12/01/2022 77.51
99869 Comcast Communications November 2022 12/08/2022 799.98 99907 Comcast Communication Services 12/15/2022 3,999.55 Vendor Total 4,799.53
99870 Comcast 0076402 Business Cable Nov 22 12/08/2022 90.16 99908 Comcast 0076402 Business Cable Dec 22 12/15/2022 90.16 Vendor Total 180.32
99962 Cordeiro Vault Company Supplies 12/22/2022 6,940.00 99963 Corelogic Solutions, Llc November 2022 12/22/2022 165.00 99909 County of Sonoma Information Systems Communication Services Nov 2022 12/15/2022 598.81 99871 County of Sonoma, General Services Fleet Charges Oct 2022 12/08/2022 18,655.72 99871 County of Sonoma, General Services Fleet Charges Oct 2022 12/08/2022 1,199.44 Vendor Total 19,855.16
Vendor/Employee

CITY OF SONOMA

MONTHLY PAYABLES REPORT
December 2022

Agenda Item #4.10:

100003 Courtney Druckman UB Refund Check 12/22/2022 53.70 100004 Crystal Green UB Refund Check 12/22/2022 108.08
99857 Danny Horrell UB Refund Check 12/08/2022 130.47
99964 Data Ticket, Inc. Code Enforcement Monthly Minimum Oct 2022 12/22/2022 100.00 99952 Deborah Page UB Refund Check 12/15/2022 362.03
100001 DeNova Homes UB Refund Check 12/22/2022 79.05
99910 Department of Justice Fingerprinting Services Nov 2022 12/15/2022 493.00 99872 Department of Transportation Signals & Lighting July-September 2022 12/08/2022 3,409.86 99873 Dewitt's Tire Recycle and Auto Repair Tire repair 12/08/2022 30.00 99842 Donald Luber UB Refund Check 12/01/2022 125.37
100008 Elaine Passaris UB Refund Check 12/22/2022 67.94 99874 Ennis-Flint Inc. Supplies 12/08/2022 2,595.95
99813 Eric Gullotta Turf Rebate 12/01/2022 114.00
99822 Ernie Bacon UB Refund Check 12/01/2022 8.29
99825 Evelyn Clancy UB Refund Check 12/01/2022 129.00
99810 Faustino Enterprises Inc Truck Maintenance 12/01/2022 380.15 99911 Faustino Enterprises Inc Supplies 12/15/2022 652.50 Vendor Total 1,032.65
99811 Ferguson Waterworks #1423 Supplies 12/01/2022 180.99 99966 Ferguson Waterworks #1423 Supplies 12/22/2022 268.03 Vendor Total 449.02
99912 Fishman Supply Co Supplies 12/15/2022 532.98
99974 Frank P Loduca Fryer Creek Bridge Project 12/22/2022 66,260.75 99812 Friedman's Home Improvement - PW Supplies 12/01/2022 616.40 99812 Friedman's Home Improvement - PW Supplies 12/01/2022 18.14 99812 Friedman's Home Improvement - PW Supplies 12/01/2022 244.16 99875 Friedman's Home Improvement - PW Supplies 12/08/2022 548.00 99875 Friedman's Home Improvement - PW Supplies 12/08/2022 106.21 99875 Friedman's Home Improvement - PW Supplies 12/08/2022 102.81 99875 Friedman's Home Improvement - PW Supplies 12/08/2022 74.07 99913 Friedman's Home Improvement - PW Supplies 12/15/2022 174.48 99913 Friedman's Home Improvement - PW Supplies 12/15/2022 542.73 99967 Friedman's Home Improvement - PW Supplies 12/22/2022 75.10 Vendor Total 2,502.10
99876 Frye's Printing Inc Envelopes 12/08/2022 1,526.10 99987 GEI Consultants Drought Relief Grant Support 12/22/2022 3,772.00 99988 Gemini Group Reissue Check#99650 12/22/2022 2,955.00 99877 GHD Engineering Services 12/08/2022 988.25
99877 GHD Engineering Services 12/08/2022 1,527.50
99968 GHD Engineering Services Broadway Pedestrian 12/22/2022 2,224.41 Vendor Total 4,740.16
99969 Goldfarb & Lipman LLP Legal Services 12/22/2022 1,058.00 99969 Goldfarb & Lipman LLP Legal Services 12/22/2022 544.00 99989 Goldfarb & Lipman LLP Legal Services 12/22/2022 1,057.00 Vendor Total 2,659.00
99998 Graham Charles UB Refund Check 12/22/2022 67.34
99947 Heather Kennedy UB Refund Check 12/15/2022 127.00 100005 Heather Mane Strand UB Refund Check 12/22/2022 70.55 99914 Hinderliter, de Llamas & Associates Audit Services Q2 2022 12/15/2022 1,624.93 99971 International Code Council Code Enforcement/Permit Tech Study 12/22/2022 109.25 99878 J.G. Tucker & Son, Inc. Supplies 12/08/2022 394.83 99879 J.P. Cooke Co Supplies 12/08/2022 525.31
99824 Jacki Burgi UB Refund Check 12/01/2022 150.00
99972 JAM Services Supplies 12/22/2022 82.70
99855 James Wilhelm UB Refund Check 12/01/2022 150.00
99814 Jamie Johnson Turf Rebate 12/01/2022 825.00
100000 Janice Davis UB Refund Check 12/22/2022 150.00
99996 Jann Capone UB Refund Check 12/22/2022 44.92
99943 Jennifer Churchill UB Refund Check 12/15/2022 127.00 99841 Jennifer Kovacs UB Refund Check 12/01/2022 150.00 99827 Joelle Colosi UB Refund Check 12/01/2022 150.00
99993 John & Diane Adams UB Refund Check 12/22/2022 122.28 99946 JR Excavating & Sons, Inc. UB Refund Check 12/15/2022 52.70

Agenda Item #4.10:

99953 Julie Rowlands UB Refund Check 12/15/2022 150.00
99941 Kamala Abbott UB Refund Check 12/15/2022 54.67
99839 Kelley Rentals Property Management Inc UB Refund Check 12/01/2022 111.84 99852 Kendra Tanacea UB Refund Check 12/01/2022 116.74
99916 Kingsley Bogard LLP Legal Services October 2022 12/15/2022 1,587.00 99832 Kirsten Flaherty UB Refund Check 12/01/2022 150.00 99880 KLH Consulting Inc Billable Time November 2022 12/08/2022 354.38 99881 Kone Inc Maintenance November 2022 12/08/2022 308.66 99973 Kone Inc Maintenance Services Dec 2022 12/22/2022 308.66 Vendor Total 617.32
99897 Kristina Tierney Travel Expense Reimb. 12/08/2022 584.87 99846 Kyle Murdock UB Refund Check 12/01/2022 122.11
99856 Kymm Falls UB Refund Check 12/08/2022 10.90
99957 Lawson Products Inc Supplies 12/15/2022 122.32
99837 Leslie Heard UB Refund Check 12/01/2022 150.00
99826 Lillian Collier UB Refund Check 12/01/2022 150.00 99834 Linda Griffin UB Refund Check 12/01/2022 150.00
99949 Lisa Mertens UB Refund Check 12/15/2022 402.71
99948 LJB Solutions LLC UB Refund Check 12/15/2022 150.00 99944 Lorie Deem UB Refund Check 12/15/2022 150.00
99997 Louise Castaldi UB Refund Check 12/22/2022 150.00 99882 Lynx Technologies Professional Services November 2022 12/08/2022 3,225.00 99865 Madolyn Agrimonti Mileage Reimbursement 12/08/2022 19.94 99836 Marilyn Harshman UB Refund Check 12/01/2022 150.00 100006 McKinley Partners, LLC UB Refund Check 12/22/2022 51.49 99833 Michael Gelb UB Refund Check 12/01/2022 150.00
99823 Micheael Buckley UB Refund Check 12/01/2022 150.00 99829 Michelle Dench UB Refund Check 12/01/2022 58.64
99951 Mission Plaza Properties UB Refund Check 12/15/2022 150.00 99884 Moe Engineering, Inc. Hummingbird Cottage Project 12/08/2022 22,020.25 99815 Napa Auto Parts Supplies 12/01/2022 58.23
99817 Nestor Pulido Uniforms 12/01/2022 360.00
99885 North Bay Monument Inc Engraving/Lettering Services 12/08/2022 3,855.00 99886 Office Depot - City Supplies 12/08/2022 187.76
99917 Office Depot - City Supplies 12/15/2022 94.78
99917 Office Depot - City Supplies 12/15/2022 332.03
99917 Office Depot - City Supplies 12/15/2022 195.98
99975 Office Depot - City Supplies 12/22/2022 27.40
99975 Office Depot - City Supplies 12/22/2022 95.16
Vendor Total 933.11
99887 O'Reilly Auto Parts Supplies 12/08/2022 27.76
99888 Pacific Gas And Electric Utilities Oct 2022 12/08/2022 5,994.91 99888 Pacific Gas And Electric Utilities Oct 2022 12/08/2022 65.89 99888 Pacific Gas And Electric Utilities Oct 2022 12/08/2022 5,397.34 99888 Pacific Gas And Electric Utilities Oct 2022 12/08/2022 6,095.96 99888 Pacific Gas And Electric Utilities Oct 2022 12/08/2022 8,001.96 Vendor Total 25,556.06
99889 Pacific Telemanagement Services Payphone 12/08/2022 159.00 99895 Padraig Stack UB Refund Check 12/08/2022 96.18
99976 Phillips Seabrook Associates Professional Services 12/22/2022 4,492.50 99977 PipeLine Products Inc. Supplies 12/22/2022 1,565.99 99816 Public Agency Retirement Services Monthly PARS Fee July 2022 12/01/2022 600.00 99918 Pure Water Partners LLC Pure Water System 12/15/2022 1,220.95 99919 Quincy Engineering Inc Chase St Bridge 12/15/2022 8,715.59 99859 Rancho Maria Family Vineyards UB Refund Check 12/08/2022 46.93 99890 Ready Refresh Drinking Water 12/08/2022 240.90
99978 Ready Refresh Drinking Water 12/22/2022 189.88
Vendor Total 430.78
99970 Rebecca Henley Cancel Building Permit 26081 12/22/2022 1,251.40 99960 Rebekah Barr Mileage Reimb. 12/7-12/15/2022 12/22/2022 28.25 99960 Rebekah Barr Mileage Reimb. 12/7-12/15/2022 12/22/2022 203.76 Vendor Total 232.01

Agenda Item #4.10:

99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 5.68 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 6.11 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 5.11 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 11.08 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 1.70 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 18.32 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 12.78 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 6.67 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 7.95 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 8.80 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 0.85 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 1.43 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 4.40 99920 REMIF Employee Assistance Program Jan 2023 12/15/2022 22.72 Vendor Total 113.60
99891 Republic Services of Sonoma County Waste/compost services 12/08/2022 64.03 99891 Republic Services of Sonoma County Waste/compost services 12/08/2022 113.50 99980 Republic Services of Sonoma County Disposal Service 12/22/2022 131.05 Vendor Total 308.58
99921 Ricoh USA, inc Copier Lease Dec 2022 12/15/2022 204.46 99922 Ricoh USA, Inc. US2 Copier Lease 12/15/2022 212.43 99923 Ricoh USA, Inc. US3 Copier Lease 12/15/2022 281.05 Vendor Total 697.94
99924 Rise Housing Solutions, Inc. Affordable Housing 12/15/2022 2,090.00 99995 Robert Bernasek UB Refund Check 12/22/2022 76.81
99840 Salma Khan UB Refund Check 12/01/2022 91.82
99892 Santa Rosa Fire Equip Inc Annual Fire Extinguisher Service 12/08/2022 500.00 99984 Sarah Tracy Staff Breakfast 12/22/2022 200.81
99925 Sebastiani Building Investors Monthly lease payment 12/15/2022 6,109.00 99926 Shred-It USA Shredding Service 12/15/2022 258.62
99893 Silveira Chevrolet Supplies 12/08/2022 105.99
99927 Sonoma Community Center FY22-23, City Sponsorship/Service Contract 12/15/2022 3,333.33 99928 Sonoma County Assessor Mapping Resources 12/15/2022 960.00 99929 Sonoma County Community Dev. Commission 2023 Sonoma Homeless PIT Count 12/15/2022 483.00 99930 Sonoma County Sheriff's Office Law Enforcement Contract Nov 2022 12/15/2022 348,776.89 99894 Sonoma County Water Agency October 2022 Water Purchase 12/08/2022 124,563.13 99981 Sonoma County Water Agency Water Purchase 12/22/2022 139,130.94 Vendor Total 263,694.07
99931 Sonoma Ecology Center FY22-23, City Sponsorship/Service Contract 12/15/2022 2,083.33 99990 Sonoma Ecology Center Sonoma Overlook Trail Maintenance 12/22/2022 1,168.00 99990 Sonoma Ecology Center Sonoma Overlook Trail Maintenance 12/22/2022 1,500.00 Vendor Total 4,751.33
99850 Sonoma Family Fun Center UB Refund Check 12/01/2022 15.98 99932 Sonoma Media Investments Advertising 12/15/2022 108.75 99932 Sonoma Media Investments Advertising 12/15/2022 1,088.00 99932 Sonoma Media Investments Advertising 12/15/2022 662.25 99932 Sonoma Media Investments Advertising 12/15/2022 227.00 Vendor Total 2,086.00
99933 Sonoma Tourism Improvement Dist. TID November 2022 12/15/2022 109,376.86 99934 Sonoma Valley Chamber of Commerce Business & Economic Vitality Svcs, FY22-23 12/15/2022 10,416.66 99935 Sonoma Valley Visitors Bureau FY22-23, Monthly Payment Per Contract 12/15/2022 8,333.33 99954 Sotheby's International UB Refund Check 12/15/2022 129.00 99936 Staples Advantage Supplies 12/15/2022 268.06
99896 State Water Resources Control Board Annual Permit Fees 12/08/2022 10,602.00 99982 State Water Resources Control Board Annual Permit Fee 12/22/2022 794.00 Vendor Total 11,396.00
99861 Stephen Tacchini UB Refund Check 12/08/2022 62.10 99945 Sue Ann and Wynne Herron UB Refund Check 12/15/2022 124.04 99903 Susan Callagy Mountain Cemetery Plot Refund 12/15/2022 2,241.00 99942 Suzanne Brooks UB Refund Check 12/15/2022 160.00
99844 Syed Manan UB Refund Check 12/01/2022 110.97
99847 Terapot Petprasert UB Refund Check 12/01/2022 88.67 99835 Teresa Hansen UB Refund Check 12/01/2022 60.76
99965 Terrence Erickson ISA Arborist Membership Renewal 12/22/2022 185.00 99999 Theresa Coleman UB Refund Check 12/22/2022 75.29
100002 Thomas Dreyer UB Refund Check 12/22/2022 130.95

Agenda Item #4.10:

99818 Thunderbird Communications Inc Consulting Services 12/01/2022 3,685.22 99860 Tristan Sherbondy UB Refund Check 12/08/2022 116.84 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 2,383.19 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 357.99 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 153.48 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 125.00 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 874.83 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 301.85 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 330.98 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 1,153.89 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 3,088.03 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 294.39 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 81.96 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 784.70 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 120.00 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 1,240.07 99898 U.S. Bank Corp Pmt System US Bank CalCard Purchases Nov 22 12/08/2022 2,902.04 Vendor Total 14,192.40
0 U.S. Department of the Treasury FED Taxes 12/22/2022 3,621.21 99937 Uline Supplies 12/15/2022 462.17
99819 Universal Building Services Cleaning Services October 2022 12/01/2022 945.00 99819 Universal Building Services Cleaning Services October 2022 12/01/2022 194.67 99819 Universal Building Services Cleaning Services October 2022 12/01/2022 194.67 99819 Universal Building Services Cleaning Services October 2022 12/01/2022 2,298.00 99819 Universal Building Services Cleaning Services October 2022 12/01/2022 194.66 99985 Universal Building Services Janitorial Services Nov 2022 12/22/2022 945.00 99985 Universal Building Services Janitorial Services Nov 2022 12/22/2022 194.67 99985 Universal Building Services Janitorial Services Nov 2022 12/22/2022 194.67 99985 Universal Building Services Janitorial Services Nov 2022 12/22/2022 2,298.00 99985 Universal Building Services Janitorial Services Nov 2022 12/22/2022 194.66 Vendor Total 7,654.00
99938 US Bank Voyager Fleet Sys Gas 12/15/2022 1,024.30 99820 Valley of the Moon Water District Water Conservation Supplies 12/01/2022 1,511.67 99899 Verizon Wireless Wireless Communications 12/08/2022 121.38 99899 Verizon Wireless Wireless Communications 12/08/2022 40.46 99899 Verizon Wireless Wireless Communications 12/08/2022 468.34 99899 Verizon Wireless Wireless Communications 12/08/2022 366.06 99899 Verizon Wireless Wireless Communications 12/08/2022 188.64 99899 Verizon Wireless Wireless Communications 12/08/2022 66.62 99899 Verizon Wireless Wireless Communications 12/08/2022 55.12 99899 Verizon Wireless Wireless Communications 12/08/2022 335.93 99899 Verizon Wireless Wireless Communications 12/08/2022 31.61 99899 Verizon Wireless Wireless Communications 12/08/2022 507.42 Vendor Total 2,181.58
99851 Victoria Staehle Finke UB Refund Check 12/01/2022 96.65 99939 Vintage House FY22-23, City Sponsorship/Service Contract 12/15/2022 3,333.33 99940 Vulcan Materials Company Supplies 12/15/2022 1,091.07 99821 waterTALENT, LLC Temporary Staffing WE 11/20/2022 12/01/2022 5,712.00 99986 waterTALENT, LLC Temp Staffing WE 12/04/22 12/22/2022 2,380.00 Vendor Total 8,092.00
99853 Wells Fargo, Trustee, Mussen Family Trust UB Refund Check 12/01/2022 59.45 100009 Wildflower Enterprises Inc UB Refund Check 12/22/2022 95.75 99900 William Boerum Turf Rebate 12/15/2022 617.00
99849 Zhanna Shamis UB Refund Check 12/01/2022 111.62
99994 Zoe Barnow UB Refund Check 12/22/2022 13.25
$ 1,100,564.15
$ 435,706.24
$ 1,536,270.39
Vendor Total
Employee Payroll and Benefits

Agenda Item #4.10:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Administration
Staff Contact
Liz Garcia, Deputy Finance Director
Agenda Item Title
Adopt a Resolution of the City Council of Sonoma as Successor Agency Approving the FY 23-24 Recognized Obligation Payment Schedule [ROPS] for the period July 1, 2023, through June 30, 2024
Summary
As required by legislation AB126 and subsequent legislation with the dissolution of redevelopment, the Recognized Obligation Schedule [ROPS] must be prepared and approved annually. The ROPS is a permanent schedule of obligations that must be approved by the Successor Agency, Oversight Board, and the State Department of Finance. After approval by the Department of Finance, the County Auditor-Controller will allocate property tax increment (RPTTF – Redevelopment Property Tax Trust Fund) to successor agencies to pay debts listed on the ROPS and the remaining is distributed to the appropriate property tax agencies in the county.

The ROPS under consideration covers the period July 1, 2023, through June 30, 2024 (FY 23/24) and contains updates to all previously approved projects and expenditures.

Once the ROPS is approved by the City Council as the Successor Agency, it will be presented to the Sonoma County Consolidated Oversight Board (Oversight Board) on January 27, 2023.

Once approved by the Oversight Board, it is submitted to Department of Finance, the State Controller’s office, and the County Auditor-Controller by February 1.

Sonoma has had its own Oversight Board historically, but based on State law, all oversight boards within each county were consolidated effective January 1, 2019.

Recommended Council Action
Acting as the Successor Agency, adopt SA Resolution #__-2023 approving the ROPS for the period July 1, 2023, through June 30, 2024, for presentation to the Sonoma County Consolidated Oversight Board and then submittal to the appropriate State and County agencies.

Alternative Actions
N/A
Financial Impact
All obligations are covered by the Redevelopment Property Tax Trust Fund (RPPTF) to pay for statutory and contractual pass through payments.

Agenda Item #4.11:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - 23-24 ROPS
Attachment to Resolution - Exhibit A ROPS 23-24
Attachment to Resolution - Exhibit B ROPS 23-24 Administration Budget Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

N/A
CC:
n/a
Agenda Item #4.11:

City of Sonoma
Successor Agency
SA RESOLUTION # ____ - 2023

A RESOLUTION OF THE CITY COUNCIL AS THE

SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT AGENCY

OF THE CITY OF SONOMA APPROVING THE

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE PERIOD JULY 1, 2023, THROUGH JUNE 30, 2024
WHEREAS, pursuant to Health and Safety Code Section 34180(g), the City Council as the Successor Agency is required to review and approve the Recognized Obligation Payment Schedule prepared by the Successor Agency covering a one-year period; and WHEREAS, the Successor Agency to the dissolved Community Development Agency of the City of Sonoma is requested to approve the Recognized Obligation Payment Schedule [FY 23/24] for the one-year period July 1, 2023, through June 30, 2024; and WHEREAS, the ROPS will be presented to the Sonoma County Consolidated Oversight Board for review and approval on January 27, 2023, and submitted by February 1, 2023 to Department of Finance, the State Controller’s office and the County Auditor-Controller.

NOW, THEREFORE, BE IT RESOLVED by the Successor Agency as follows:

SECTION 1. The Successor Agency hereby approves the Recognized Obligation Payment Schedule for the period July 1, 2023, through June 30, 2024, as set forth in Exhibit “A” to this Resolution and by this reference incorporated herein.

SECTION 2. The Successor Agency hereby approved the administrative allowance for the Successor Agency, for the period covered July 1, 2023, through June 30, 2024 as set forth in Exhibit “B” to the Resolution and by this reference incorporated herein.

SECTION 3. The City Manager (as the person appointed by action of the Oversight Board at its meeting of April 4, 2012, to be the designated contract person to the Department of Finance), shall transmit the approved Recognized Obligation Payment Schedule to the Department of Finance, State Controller, and County Auditor-Controller in compliance with the requirements of Part 1.85 of Division 24 of the California Health and Safety Code. The staff of the Successor Agency shall take such other and further actions and sign such other and further documents as appropriate to effectuate the intent of this Resolution and to implement the Recognized Obligation Payment Schedule approved hereby on behalf of the Successor Agency.

SECTION 4. The adoption of this Resolution by the Successor Agency shall not impair the right of the Successor Agency to assert any claim or pursue any legal action challenging the constitutionality of Assembly Bill 26 from the 2011-12 First Extraordinary Session of the California Legislature (“AB 1x26”) or challenging any determination by the State of California or any office, department or agency thereof with respect to the Recognized Obligation Payment Schedule approved hereby.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The Successor Agency hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Agenda Item #4.11:

-2-
PASSED AND ADOPTED at a duly noticed public meeting of the Successor Agency to the former Community Development Agency of the City of Sonoma held on the 23rd day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:
________________________________
Sandra Lowe, Chair
Successor Agency
ATTEST:
______________________________
Rebekah Barr, MMC
Secretary, Successor Agency
Agenda Item #4.11:

Sonoma City ROPS 2023‐24 Annual EXHIBIT
A
Item # Obligation Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Total Outstanding
Obligation
Total Requested
Funding
19 2010 SERAF Loan Payment due to Housing Fund SERAF/ERAF 2/10/2010 6/30/2030 824,369 121,738 26 Emergency/Homeless Shelter [Housing] Professional Services 3/7/2011 6/30/2030 360,000 30,000 27 Village Green II Low Income Housing USDA Loan Third‐Party Loans 5/1/2005 5/22/2035 237,332 20,788 49 Administrative Allowance for Successor Agency Admin Costs 7/1/2012 6/30/2036 3,000,000 250,000 70 Successor Agency Audit Costs Professional Services 6/23/2014 6/30/2037 72,000 6,000 71 2015 TAB Refunding Bonds Issued After 6/27/12 10/15/2015 12/1/2033 11,950,500 1,113,250 73 Continuing Disclosure Services Professional Services 2/1/2017 6/30/2026 36,000 3,000 77 Trustee Fees Bonds Issued After 12/31/10 1/26/2017 12/1/2036 117,600 9,800 78 Refunding Tax Allocation Bonds, Series 2021 Bonds Issued After 12/31/10 11/3/2021 12/1/2036 14,473,540 1,059,887 Total 31,071,341 2,614,463
Agenda Item #4.11:

A B CD E F G H
Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained
for future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/20) RPTTF amount should exclude A" period distribution amount" ‐            ‐ 7,734,379 55,213 172,626 difference of $6.56 in bond proceeds
‐ restricted interest earned py ‐
posted post rops 22‐23 prep
2 Revenue/Income (Actual 06/30/21) RPTTF amount should tie to the ROPS 20‐21 total distribution from the County Auditor‐ Controller 14,668 3,287,652 $14,668 interest on bond proceeds 3 Expenditures for ROPS 20‐21 Enforceable Obligations (Actual 06/30/21) 37 25,396 3,245,882
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)
5 ROPS 20‐21 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 20‐21 PPA form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $ ‐ $      ‐ 7,749,010 $ $ 29,817 $ 214,396 Sonoma City Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balance s
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.

ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds
Agenda Item #4.11:

EXHIBIT
B
Successor Agency of Former City of Sonoma Community Development Agency Proposed Administrative Budget
July 1, 2023 ‐ June 30, 2024
Description Period A Period B TotalEmployee/ Consultant Costs/ Finance/City Manager/ Legal Costs 125,000 125,000 250,000 Agenda Item #4.11:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Approve and Ratify the Nomination for the Appointment of Laurie Gallian as the City's representative on the Marin/Sonoma Mosquito & Vector Control District Board of Trustees for a Four Year Term
Summary
In late 2018, the City conducted its recruitment for vacant positions on its Commissions & Committees. One of these was the City's representative on the Marin/Sonoma Mosquito & Vector Control District Board of Trustees. The seat has been filled by Laurie Gallian, whose term ended December 31, 2022
Ms. Gallian submitted her application for reappointment during the recent recruitment. Mayor Lowe has nominated Laurie Gallian for reappointment as the City of Sonoma's representative on the Marin/Sonoma Mosquito & Vector Control District Board of Trustees for a four year term, as set by the District.

The District has expressed support for Ms. Gallian's reappointment.

Recommended Council Action
Ratify the nomination.

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
Commission Application - Laurie Gallian -
Alignment with Council Goals:

Agenda Item #4.12:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

N/A
CC:
n/a
Agenda Item #4.12:

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

COMMISSION APPLICATION
Received Date: December 7, 2022
Application Type: Marin Sonoma Mosquito Vector Control
District appointee 2023-2026.

Other Interest: Possibility in addition would need more information.

CA-22-60
NAME: Laurie Gallian
ADDRESS:

PHONE:

ALTERNATIVE PHONE:

EMAIL ADDRESS:

ARE YOU APPLYING FOR A
YOUTH POSITION?
No
EDUCATIONAL BACKGROUND: (High School, College, Professional, Vocational, or other Schools Attended. Please include Major or Field of Study, Dates attended, Degree and date of Degree) Red Bank Catholic 1970, Brookfale Communitu College 1973 LA Family Business sales 1967-1973. Small Business training 1974-75. Security Pacific Bank 1978- 1985 Corporate Bank Officer Training SF 1980. 1st Vice President Operations at Commercial Lending HQ Market Street 1981-85. Small Business employment Manager 1985-86
1986-1994 Business owner Financial and Medical Billing. Small Business owner 1995-1998 and Chief Financial Officer
Sacramento Business. Business Manager Residential Care Facility1998-2000.

Financial Manager Public Charter School 2000-2016 retired.

OTHER RELEVANT EXPERIENCE: Representative appointee of City of Sonoma 2015-current. While on Council spending two terms serving one City and County committees. Water Advisory Committee 2008-16. SC Regional Climate Authority and SCTransportation 2008- 2016. Audit Committee 2008-2015. Many others records on file in City.

COMMUNITY INVOLVEMENT: Sonoma Environment Commissioner, Sonoma City Council 2008-2016 Marin Sonoma Mosquito Vector Control 2015-2018, 2019-2022. Non Profit Sonoma Springs Community Hall Treasurer 2018- current. Sonoma Valley Grange Secretary 2022-current Praxis Peace Institute Board 2015-current Sonoma Valley Historical Treasurer 2022 current
Sonoma Valley Soroptimist 1993-current Board and member positions Founder Region Fellowship District III Director2022-2024.

GENERAL QUESTIONS:

Have you ever attended a meeting of the Commission to which you are applying? If so, how many? 7 years on Board of Trustees most on Executive Committee 2 years as Board President.

Agenda Item #4.12:

THIS DOCUMENT AND ALL ATTACHMENTS ARE AVAILABLE FOR PUBLIC INSPECTION What is your understanding of the role and responsibility of this Commission? I have a thorough understanding of the MSMVCD serving on several committees- Budget, Audit, Fiscal Strategies, Executive and Climate. I have served most years in Board of Trustees leadership. I am now completing my second year as Board President 2017 and 2022.

Committee
What would be your goal(s) as a Commissioner?
To represent the City of Sonoma on the Board of Trustees to deliver the mission of the district-vector control and public health.

What do you feel you could contribute to see these goals realized? Long time resident in the City 1981-current. Board leadership in many non profits. Strong financial stewardship. Strong environmental, government, county knowledge serving in local government committees during City of Sonoma council, mayor for two years. 2007-2016 Have you previously served, or do you currently serve, on a Sonoma Commission or Committee? If yes, which one(s) and for what period of time?
Marin Sonoma Mosquito Vector Control District 2015-2018. 2019-2022 Is there anything else you would like us to consider when reviewing your application? Currently received The Small District Leadership Academy training certificate 9/22.

I have extensive knowledge of this small district and have been very active in leadership delivering the mission of this district as appointee representing the City. Citizens requests and issues are upmost and deserve the best customer service for their welfare and safety. I have learned and grown doing this work and enjoy it. I am committed as an appointee to do so representing the City of Sonoma. I enjoy doing this service and feel I can well represent and advocate for the council and its citizens I certify that all of the information contained in my responses to the questions on this application is true and accurate to the best of my knowledge. I further agree that, by checking the box below and submitting this application, online or otherwise, I am affixing my digital signature to this form as of the date submitted. I also agree that if appointed, I will serve on the Commission/Committee for which I have submitted this application.
☒ I AGREE
Laurie Gallian July 12, 2022
Agenda Item #4.12:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 23 Jan 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Consideration, Discussion and Possible Action to: Receive a Report from the City's Homelessness Consultant Andrew Hening Including an Update on the Current State of Homeless Services in Sonoma Valley; Adopt a Resolution Authorizing the City Manager to Execute a Six Month Agreement with Andrew Hening Consulting LLC for Homeless Strategic Planning and By-Name List Community Case Conferencing Services For January 30, 2023 thru July 31, 2023.

Summary
Background
On March 16, 2022, City Council adopted a resolution authorizing the interim City Manager to hire a homeless expert consultant Andrew Hening who would evaluate all the homeless services being offered in Sonoma and Sonoma Valley, by assessing how these services were working for the local homeless community in conjunction with County's Continuum of Care objectives. On June 15, 2022 he presented his findings which are included in the attached report, below are the key take-aways that have paved the way for the work leading up to this point.
• Homelessness is a regional as well as City issue.
• Given regional, state, and national best practices for addressing homelessness, the local system of care could be more effectively configured, • The most immediate problem, as in the case in many communities, is insufficiently, supporting people experiencing chronic homelessness
• Any future progress will be dependent on creating a strong foundational structure for collaboration.

During Hening's June 15th report he acknowledged the "scrappy and tenacious track record" of our homelessness service providers here in Sonoma Valley. He noted that Sonoma Valley has driven local leaders who are making a difference daily, providing services such as free food and clothing, all services which are critical for offsetting costs for low-income residents, which in-turn, help to prevent homelessness. In addition he acknowledged FISH who plays a critical role in offering a rental assistance program, which is extremely important in prevention.

In his report he quoted Dr. BJ Bischoff who stated in her 2022 Sonoma County report about homeless services in Sonoma and the Valley: "The current approach to serving the needs of people experiencing homelessness in Sonoma Valley seems more like a treasured patchwork quilt made by loving hands than a true system of support that leads to a permanent solution." At the time of the June 15, 2022 report there was little shared case conferencing or clientlevel collaboration. There was no central data tracking and there was very little integration with the County's "Coordinated Entry" system. Sonoma and the Valley are geographically distant from major homeless service hubs in Petaluma and Santa Rosa and public transit while an option, is in practice challenging to access and rely on.

Agenda Item #6.1:

Summary
Andrew Hening is working closely with City staff to address the homeless situation here in Sonoma Valley, he brings 20 years of social sector leadership experience with the last 12- years focused on ending homelessness. His subject matter expertise and advice to City staff is proving to be invaluable. Hening has provided similar services for the City of Petaluma and is currently working with Sonoma County on homeless housing strategy. He has brought our homeless service providers (Homeless Action Sonoma, Sonoma Overnight Support, FISH, Sonoma Valley Community Health Center, Sonoma Police and Sonoma Valley Fire District) together in by-weekly meetings where they continue to build Sonoma Valley's "by-name-list" of people currently experiencing homelessness. This type of by-name-list case conferencing is becoming a national best practice for coordinating on-the-street care. By using this byname-list methodology, when the project first started in November, we were able to determine that only approximately 10% of the total unhoused population in Sonoma Valley were accounted for in the County's "Coordinated Entry" System. It is important to note that until individuals are in that system, they are not able to access countywide homelessness and housing resources. Hening has been instrumental in partnering with our local homeless service providers to ensure the implementation and coordination of the case conferencing services here in Sonoma Valley, which will ultimately help more people access the resources they need to end their homelessness.

In Hening's latest proposal he plans to sub-contract with Francisco Kilgore, who formally served as the Associate Director of Sonoma Overnight Support (SOS). Francisco Kilgore will take on the management of the by-name-list case conferencing meeting for Sonoma Valley.

These meeting will continue to occur by-weekly, and the ultimate goal is to ensure every person currently experiencing homelessness in the Sonoma Valley is identified and has a clear inter-agency plan for obtaining housing. Francisco's efforts will include:
• Regularly convening local service providers serving people experiencing homelessness,
• Maintaining the by-name-list including regular analysis of inflow and outflow, • Developing housing and engagement strategies for people on the list, • Drive actions and next steps between meetings to ensure clients are receiving the support that they need, provide monthly data visualizations to the client detailing the overall size of the by-name-list, as well as key metrics such as Coordinated Entry status, housing resource identified and utilized, and public safety service utilization, • Continually improve case conferencing policies, procedures, and practices by actively researching and connecting with other efforts throughout the country. • Codify meeting policies and procedures within a group charter, • Work with regional partners including the County, the Coordinated Entry Provider, other government agencies, and other social service providers to ensure regional care coordination,
• Represent and communicate the general needs, interests, and desires of people experiencing homelessness in the community
• Comply with and uphold all local data sharing and privacy agreements.

Over the next six-months Hening is recommending that he will focus on the strategic planning services which include:
• Providing strategic assessments of local homelessness programs, policies and systems,
• Providing program evaluation services including reviewing scopes of work, analyzing data, and/or developing community data dashboards,
Agenda Item #6.1:

• Researching best practices and establish regional, state, and national benchmarks for local initiatives
• Partnering with client to develop and implement community engagement strategies, including drafting articles, newsletters, press releases, or other public communications • Conducting financial analysis and modeling of current and prospective programming • Developing fundraising strategies for local programs and initiatives • Developing, drafting, and/or supporting any local RFP or notice of funding available (NOFA) processes to award funding to potential service providers • Convening, hosting and facilitating discussion among local stakeholders • Representing and communicating the interests and needs of the jurisdiction in meetings with community or regional partners
• Supporting the development process for both new permanent and interim housing units
• Providing oversight and guidance to by-name-list subcontractor • Regularly checking in with staff to determine priorities and workflows.

It is important to note that with a complete by-name-list, local policymakers and providers will be better positioned to make strategic assessments of the case management needs here in Sonoma Valley and recommendations on sustainable hiring structures. Hening is currently working with the County to establish a by-name-list process in other regions within the County, which once complete might formalize a funding structure.

City staff in conjunction with the consultant have been exploring alternative funding options to cover the cost of this current proposal including working with local philanthropic organizations to help fund a portion of the agreement being discussed. The City will also be working with the County to see if there is an opportunity for the County to help cover one-third of the fee.

City staff is recommending that City Council authorize the Interim City Manager to enter into a six-month agreement with Andrew Hening Consulting, LLC with a not to exceed $67,200. The funds could come out of the unallocated Core Recreation & Community Services Programming budget of $48,667, and/or they could come out City Council's 10% of discretionary budget within the Core Recreation & Community Services Programming budget which is $27,185 for FY22/23.

With City Councils support, City staff wants to spend the next six-month period building on the current momentum working with the County to establish shared service agreement, which would include the funding for a three-year fixed-term position to oversee the Sonoma Valley by-name-list (this would be the work that Francisco Kilgore is currently doing per the Hening agreement) jointly funded by the City, County, healthcare system and local foundations. This would create a shared accountability (between stakeholders) for homelessness in the Valley by establishing concise and simple metrics focused on outcomes, not outputs.

In addition to the manager of the by-name-list, there seems to be a need for one or two outreach teams that would be comprised of two experienced case managers working in tandem in the field to facilitate case management, similar to what the City of Petaluma is currently implementing (also based around their own by-name-list effort). Another staff goal with City Council's approval would include working with the consultant to leverage state and federal funding to help cover the cost of case management. The ultimate goal is to ensure the City funds a reasonable level of services to commiserate with the homeless population in the City while working with the County on establishing shared services arrangements.

Agenda Item #6.1:

In March, staff would like to bring forward a report that clearly defines homeless service providers' roles and responsibilities within the City, including a re-evaluation of our current agreements.

Recommended Council Action
City staff is recommending that City Council approve a resolution authorizing the Interim City Manager to enter into a six-month agreement with Andrew Hening Consulting, LLC, not to exceed $67,200. Work with the County to identify additional financial support that would represent 1/3 or $22,400 of the total contract amount and work with local philanthropic organizations to secure 1/3 of the contracted amount equal to $22,400.

Alternative Actions
City Council's discretion.

Financial Impact
For FY22/23, $30,000 was budgeted for a homeless Contractor and covered the previous agreement with Andrew Hening Consulting LLC, which ends Jan. 30, 2023, these funds were budgeted as part of the Recreation & Community Services Programming.

If approved by City Council, staff will need direction on which funds they would like to allocate; a portion of the $48,667 unallocated Core Recreation & Community Services Programming or utilize City Council's 10% of discretionary budget of $27,185 within the Core Recreation & Community Services Programming budget to cover the remaining balance of the new agreement that runs between January 30, 2023 thru July 30, 2023. City staff will continue to work with the County and local philanthropic organization with the goal to secure 2/3 of the total fees from these sources.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Authorizing the City Manager to Execute an Agreement with Andrew Hening Consulting LLC
Andrew Hening Consulting Contract- City of Sonoma - BNL Coordination - Feb thru July 2023 June 15 2022 Hening - Homelessness Report
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #6.1:

Agenda Item #6.1:

CITY OF SONOMA
RESOLUTION # _____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA, CALIFORNIA

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH

ANDREW HENING CONSULTING LLC FOR SERVICES RENDERED BETWEEN JANUARY 30, 2023 THRU JULY 30, 2023
WHEREAS, homelessness is a regional as well as a City issue; and, WHEREAS, City staff are not experts on homelessness, and as there is limited time available to devote to this critical concern, utilizing a consultant, who has the expertise to evaluate all the services currently offered in Sonoma, as well as the Valley and assess how the Continuum of Care is working for the homeless community, helped the City to make critical informed decisions; and,
WHEREAS, the City of Sonoma hired Andrew Hening, Consulting, LLC, to evaluate all the homelessness programs that are currently offered in the City and the Valley, collaboratively worked with current community providers and stakeholders, and then provided recommendations so that Staff and City Council could make decisions regarding homelessness programs; and,
WHEREAS, Andrew Hening presented the findings of his report on homelessness services at a City Council meeting on June 15, 2022; and,
WHEREAS, the report outlined three key findings: Finding #1 Given regional, state, and national best practices for addressing homelessness, the local system of care could be more effectively configured, Finding #2 The most immediate problem, as is the case in many communities, insufficiently supporting people experiencing chronic homelessness and and Finding #3 Any future progress would be dependent on creating a strong foundational structure for collaboration; and,
WHEREAS Andrew Hening has played a crucial role in coordinating the by-name-list of homeless individuals here in Sonoma Valley, has worked diligently to pull our homeless service providers together and has encourage collaboration and organized the by-weekly meetings; and,
WHEREAS, there is still coordination necessary to compile the by-name-list and complete the data entry of County documents into the County’s homeless management information system (HMIS), and it is important to note that Andrew Hening Consulting LLC is subcontracting with Francisco Kilgore former Associate Director of Sonoma Overnight Shelter to update and manage the Sonoma Valley homeless by-name-list; and, WHEREAS, this was part of a longer term strategy to end homelessness here in Sonoma Valley, with the goal to identify service gaps and plug into outside providers to help serve the homeless in Sonoma and the Valley; and,
WHEREAS, Andrew Hening Consultant LLC contract will support our homeless initiatives through July 30, 2023 at which time we should be in a position to identify sustainable staffing needs including management of the by-name-list and experience case management for the homeless population of Sonoma Valley. City staff working with the consultant’s supervision with County and local service providers will work together to secure State and Federal funding for these initiatives.

Agenda Item #6.1: