Agenda, regular meeting — Sonoma City Council, March 1, 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
Wednesday, March 1, 2023
https://us06web.zoom.us/j/84876986131
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 (Wellander, Ding, Farrar-Rivas, Gurney, 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. COUNCILMEMBERS’ REPORTS AND COMMENTS

2.1: 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.

3. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

4. CITY ATTORNEY COMMENTS

5. MEETING DEDICATIONS

6. PRESENTATIONS

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6.1: Proclamation Proclaiming March 2023 as American Red Cross Month in the City of Sonoma (Rebekah Barr, MMC, City Clerk)

7. 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.

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

7.2: Adopt an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Chapter 19.12 (Streetscape) to add new Sections 19.12.030 (Fire Apparatus Access Road Standards), 19.12.010 (Private Road and Driveway Standards); Removing Section 19.48.100 (Driveways); and Amending Chapter

19.92 (Definitions) to Align Roadway Standards with the California Fire Code as Amended and Adopted by the City Council, and Clarify Various Definitions Related to Development Projects and Finding the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines (Kristina Tierney, Associate Planner)
RECOMMENDATION: Adopt the ordinance.

Agenda Report - Ordinance Adoption - Objective Standards for Fire Apparatus Access Roads and Private Road and Driveways - Pdf
4 - 13

7.3: Adopt an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Section 19.10.020 (B)(3) (Residential Component) and Section 19.010.020 (C)(2) (Residential Component) to the City of Sonoma Municipal Code and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment (Kristina Tierney, Associate Planner)
RECOMMENDATION: Introduce the ordinance.

Agenda Report - Ordinance - Residential Component - Commercial & Mixed Use Zoning Districts - Pdf
14 - 21

7.4: Receive Status Report on Funding Update for the City's Homelessness Consultant Andrew Hening Consulting LLC (Lisa Janson, Senior Management Analyst)
RECOMMENDATION: Receive report.

Agenda Report - Homeless Consultant Contract Funding - Pdf 22 - 23

7.5: Adopt a Resolution Authorizing the Upgrade of One (1) Maintenance Worker II Position to a Senior Maintenance Worker Position with a Mid-Year Budget Adjustment (Michael Berger, Public Works Director/City Engineer) RECOMMENDATION: Adopt the resolution.

Agenda Report - Upgrade Maintenance Worker II to Senior Maintenance Worker Position - Pdf
24 - 26

8. PUBLIC HEARING

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

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9.1: Part One of Three Reports: Receive and Discuss Annual Reports From City of Sonoma Community Services Providers (Lisa Janson, Senior Management Analyst)
RECOMMENDATION: Receive annual reports.

Agenda Report - Community Services Annual Reports - Pdf 27 - 142

9.2: Discussion, Consideration and Possible Action to adopt a Resolution Approving a New Job Classification and Salary Range of a Community Development Director in the FY23/24 Budget and Directing the Interim City Manager to Initiate the Recruitment Process (Mark Linder, Interim City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Community Dev Director Position - Pdf
143 - 151

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

10.1: Commission & Committee Roster

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.

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Mar 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 19, Chapter

19.12 (Streetscape) to add new Sections 19.12.030 (Fire Apparatus Access Road Standards), 19.12.010 (Private Road and Driveway Standards); Removing Section 19.48.100 (Driveways); and Amending Chapter 19.92 (Definitions) to Align Roadway Standards with the California Fire Code as Amended and Adopted by the City Council, and Clarify Various Definitions Related to Development Projects and Finding the Proposed Amendments are 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 to the City Council on February 15, 2023, and would amend Chapter 19.12 (Streetscape) to add new Sections 19.12.030 (Fire Apparatus Access Road Standards), 19.12.010 (Private Road and Driveway Standards) and to remove Section

19.48.100 (Driveways), as well as amending Chapter 19.92 (Definitions) to align roadway standards with the California Fire Code as amended and adopted by the City Council, and clarify various definitions related to development projects.

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 April 1, 2023.

Recommended Council Action
Adopt the ordinance.

Alternative Actions
Council discretion.

Financial Impact
None.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance - Fire Access, Private Road and Driveway Standards Agenda Item #7.2:

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City of Sonoma
ORDINANCE # - 2023

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING THE CITY OF SONOMA MUNICIPAL CODE INCLUDING AMENDING CHAPTER 19.12 (STREETSCAPE) TO ADD NEW SECTIONS 19.12.030 (FIRE APPARATUS ACCESS ROAD STANDARDS), 19.12.040 (PRIVATE ROAD AND DRIVEWAY STANDARDS), DELETING SECTION 19.48.100 (DRIVEWAYS), AND AMENDING CHAPTER 19.92 (DEFINITIONS) TO

ALIGN ROADWAY STANDARDS WITH THE CALIFORNIA FIRE CODE AS AMENDED AND

ADOPTED BY THE CITY COUNCIL, AND CLARIFY VARIOUS DEFINITIONS RELATED TO

DEVELOPMENT PROJECTS AND FINDING THE PROPOSED AMENDMENTS ARE

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

WHEREAS, the Sonoma City Council and Planning Commission have independently discussed the need for updates to the Development Code for greater clarity, consistency and ease of use and understanding; and
WHEREAS, staff collaborated with the chief building official, department of public works director, fire marshal and other city staff on the proposed amendment to better align the Sonoma Municipal Code standards with the California Fire Code standards, as amended and adopted by the City Council, and to establish objective standards for driveways and fire apparatus access roads; and
WHEREAS, on December 15, 2022, the Planning Commission discussed amendments to Chapter 19.12 (Streetscape) to add new Sections 19.12.030 (Fire Apparatus Access Road Standards), 19.12.040 (Private Road and Driveway Standards) and to delete Section 19.48.100 (Driveways), as well as amending Chapter 19.92 (Definitions) to align roadway standards with the California Fire Code as amended and adopted by the City Council, and clarify various definitions related to development projects. The Planning Commission 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 February 15, 2023, 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.

THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. MUNICIPAL CODE AMENDMENTS
Agenda Item #7.2:

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The Sonoma Municipal Code is hereby amended as follows:

A. New Sections 19.12.030 (Fire Apparatus Access Road Standards) and 19.12.040 (Private Road and Driveway Standards) is added to Chapter 19.12 (Streetscape) as follows:

19.12.030 Fire Apparatus Access Road Standards
A. General. Approved fire apparatus access roads shall be provided for every structure or portion of a structure hereafter constructed or moved into or within the jurisdiction, unless exempted by the fire code official. The fire apparatus access road shall comply with the requirements of the California Fire Code as adopted and amended by the city of Sonoma and shall extend to within 150 feet (150’) of all portions of the structure and all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the structure. The fire code official is authorized to provide approvals required by this section.

B. Width. The width of fire apparatus access roads is based on a number of factors to include but not limited to; occupancy classification, number of parcels served, size of parcels served, total length of the roadway, and the total number of structures and dwelling units served by the access road. Each instance will require the approval of the fire code official. Additional recommendations and/or requirements may be made upon review of more detailed plans and site inspections. General width requirements include:

1. Single-family Dwellings and Duplexes:
a. Fire apparatus access roads serving no more than three (3) parcels, containing no more than one single family dwelling or duplex per parcel and any number of accessory dwelling units, shall be constructed to provide a minimum of one (1) twelve-foot-wide (12’) traffic lane.
b. Fire apparatus access roads serving four (4) or more parcels containing no more than the allowable accessory structures inclusive of dwelling units shall be constructed to provide a minimum unobstructed width of 20 feet (20’).

2. Non-residential Uses and Multi-family Dwellings: Parcels serving non-residential uses and multi-family dwellings shall be provided with a fire apparatus access road that shall be constructed to provide a minimum unobstructed width of 20 feet (20’).

3. Structures three (3) or more stories or structures 30 feet in height must comply with the California Fire Code Appendix D as adopted and amended by the City of Sonoma and may require wider fire apparatus access roads.

C. Vertical Clearance for Vegetation and Physical Obstructions Agenda Item #7.2:

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1. Vegetation Clearance - All vegetation including trees, bushes, and shrubs shall be maintained to provide a minimum unobstructed vertical clearance of fifteen feet (15’) and shall be maintained above all portions of the required fire apparatus access road including required turnouts and turnarounds.

2. Physical Obstructions - Eaves, balconies, carports, garages, and other structures located above a fire apparatus access road must have an unobstructed vertical clearance height of thirteen feet six inches (13’-6”).

D. Turnouts / Turnarounds

1. Turnouts. All required fire apparatus access roads less than 20 feet (20’) in width and exceeding one hundred fifty feet (150') in length shall have a turnout constructed at approximately the midpoint of the fire apparatus access road. Any fire apparatus access roads exceeding eight hundred feet (800') in length shall have turnouts constructed approximately every four hundred feet (400') along the entire length of the fire apparatus access roads. Fire apparatus access roads required to have a turnout, shall have a turnout that is a minimum of twenty-two feet (22') wide, including the fire apparatus access road and the turnout and thirty feet (30') long with a minimum taper of twenty-five feet (25') on each end. The length of the turnout shall be measured along the fire apparatus access roads centerline and shall not be located on the inside of horizontal curves without approval from the fire code official.

2. Turnarounds. All required fire apparatus access roads exceeding one hundred fifty feet (150') in length shall have a turnaround constructed within fifty feet (50') of the structure served by the fire apparatus access road. Any fire apparatus access road longer than one thousand three hundred twenty feet (1,320') shall have additional turnarounds located at intervals no less than one thousand three hundred twenty feet (1,320') unless approved by the fire code official. Parking shall not be allowed in the approved turnaround locations. a. Turnaround dimensions for twelve foot wide (12’) wide fire apparatus access roads - Any fire apparatus access road required to have a turnaround may have either a hammerhead/T, a stub out, or terminus bulb. All turnarounds shall have a minimum turning radius of forty feet (40'), bulbs shall be forty feet (40') from the center point of the bulb, hammerhead/T and stub out shall have entry and exit curves of no less than a forty-foot (40') radius. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty feet (60') in length. If a stub is used, then the length of the turnaround shall be Agenda Item #7.2:

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forty feet (40'), as measured from the fire apparatus access road edge. The minimum width of either a hammerhead/T or a stub out shall be equivalent to the fire apparatus access road entering the turnaround.
b. Turnaround dimensions for twenty feet (20’) wide or greater fire apparatus access roads – Any fire apparatus access road turnaround shall comply with the current California Fire Code as adopted and amended by the city of Sonoma.

19.12.040 Private Road and Driveway Standards
Private roads and driveways providing site access shall be from an improved street, alley, or other public and/or private right-of-way, and shall be designed, constructed, and maintained as follows:

A. Number of Driveways.

Parcels 2 Acres or Smaller: Only one driveway is allowed unless the city engineer determines that more than one driveway is required to accommodate traffic volumes on specific projects. Whenever a property has access to more than one street, access shall be limited to the lowest volume street, where the impact of a new access will be minimized, unless otherwise approved by the city engineer.

Parcels 2 Acres or More: Up to two driveways shall be allowed unless the city engineer determines that more than two driveways are required to accommodate traffic volumes on specific projects. Additional driveways shall not be allowed if it is determined to be detrimental to traffic flow on the adjacent street(s). Whenever a property has access to more than one street, access shall be limited to the lowest volume street, where the impact of a new access will be minimized, unless otherwise approved by the city engineer.

B. Distance from Street Corners. Driveways to parking areas, except single-family residential drives, shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet unless a lesser distance is approved by the city engineer.

D. Driveway Spacing. Driveways shall be separated along the street frontage as follows:

Agenda Item #7.2:

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1. Single-Family and Duplex Residential Development. Driveway approaches on separate parcels shall be separated by at least six feet, unless a shared, single driveway is approved by the city engineer. The six-foot separation does not include the transition or wing sections on each side of the driveway; and

2. Multifamily and Nonresidential Development. Where two or more driveways serve the same or adjacent multifamily or nonresidential development, the centerlines of the driveway approaches shall be separated by a minimum of 50 feet (50’). Exceptions to this standard shall be subject to the approval of the city engineer.

E. Clearance from Obstruction. The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities.

F. Width.

1. All driveways shall be constructed to provide a minimum of one (1) 12-foot-wide and maximum of 14 feet traffic lane. Driveways shall serve no more than three (3) parcels, containing no more than one single family dwelling or duplex per parcel and any number of accessory dwelling units.

2. Private roads shall serve four (4) parcels or more. Private roads serving five (5) dwellings or less are permitted to have a minimum unobstructed width of 20 feet. Private roads serving six (6) dwelling units or more shall have a minimum width of 24 feet (24’).

3. No parking is allowed within the minimum width of a private roads or driveways.

H. Hard Surface Behind Driveway Approach or Public Sidewalk. To help prevent dirt, mud, gravel and other debris from tracking on to public streets, all driveways, roads, roadways, parking areas and other areas designed for vehicular use shall be constructed with a hard, allweather surface such as brick, concrete pavers, stone pavers, cement concrete, asphalt concrete or other similar hard surface acceptable to the city engineer for not less than twenty feet (20’) behind the public sidewalk or driveway approach, whichever results in the greater distance. This requirement may be waived by the city engineer for tree protection or other environmental considerations.

B. Chapter 19.48.100 (Driveways) is deleted as follows:

Agenda Item #7.2:

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19.48.100 Driveways.

Driveways providing site access shall be from an improved street, alley, or other public and/or private right-of-way, and shall be designed, constructed, and maintained as follows:

A. Number of Driveways. Up to two driveways shall be allowed for each parcel two acres or more in size unless the city engineer determines that more than two driveways are required to accommodate traffic volumes on specific projects. Additional driveways shall not be allowed if it is determined to be detrimental to traffic flow on the adjacent street(s).

Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street, where the impact of a new access will be minimized, unless otherwise approved by the city engineer.

C. Driveway Spacing. Driveways shall be separated along the street frontage as follows:

1. Single-Family and Duplex Residential Development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the city engineer. The six-foot separation does not include the transition or wing sections on each side of the driveway; and

2. Multifamily and Nonresidential Development. Where two or more driveways serve the same or adjacent multifamily or nonresidential development, the centerlines of the driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of the city engineer.

D. Clearance from Obstruction. The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities. (Ord. 2003-02 § 3, 2003).

C. Chapter 19.92 (Definitions) is amended to read as follows:

Agenda Item #7.2:

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“Driveway” means any way or place in private ownership that provides vehicular access to no more than two (2) residential buildings (excluding garages and carports), containing no more than one single family residence, allowed accessory dwelling units, and any number of accessory buildings on a single parcel. “Driveway Apron” means the portion of the driveway within the public right-of-way, generally from the curb section of the roadway to the front edge of the sidewalk, or to the property line. Driveway aprons are for the sole purpose of providing ingress and egress between private property and the public right-of-way.
“Fire apparatus access road” means a road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, driveway, parking lot lane and access roadway. Public streets may be defined by the standards of the local agency having jurisdiction over the project.
“Frontage” means the portion of a property parallel and adjacent to a public street. If there is more than one structure housing a separate business on a parcel, the frontage of each will be the measurement of the building portion fronting on the street plus a proportionate amount of the open area between those buildings, determined according to the frontage of each building.
“Hammerhead/T” means a roadway that provides a “T” shaped, three-point turnaround space for emergency equipment. The turnaround space shall be no narrower than the road it serves.
“Nonresidential” means any use that is not exclusively residential, such as commercial with a residential component and/or mixed use that contains both commercial and residential uses.
“Private road” means any way or place in private ownership that provides vehicular access to:

1. More than one (1) parcel

2. A commercial building or agricultural operation on a single parcel

3. More than two (2) residential buildings

4. Two (2) residential buildings, containing more than three (3) dwelling units, on a single parcel.
“Road” means any public or private road.

Agenda Item #7.2:

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“Roadway” means that portion of any road improved, designed or ordinarily used for vehicular travel.
“Traffic lane” means that portion of a roadway that provides a single line of vehicle travel.
“Turnaround” means a roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment.
“Turnout” means a widening on a roadway or driveway to allow vehicles to pass.

SECTION 2. 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 Sections 15282(H) and 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. Each future land use proposal will be independently reviewed for adherence to specific criteria and the requirements of CEQA. The proposed ordinances 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 3. 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 4. Effective Date.

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

SECTION 5. Publication.

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

Agenda Item #7.2:

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SECTION 6. 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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Sonoma this _____ day of _____, 2023, after first being introduced at the Regular Council meeting of ________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Sandra Lowe, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, 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 _________________, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:

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19.10.020 (B)(3) (Residential Component) and Section 19.010.020 (C)(2) (Residential Component) to the City of Sonoma Municipal Code and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment Summary
The proposed ordinance was introduced to the City Council on February 15, 2023 and would amend Title 19 of the Sonoma Municipal Code, Section 19.10.020 (B)(3) (Commercial - Residential Component) and Section 19.010.020 (C)(2) (Mixed Use - Residential Component) and to eliminate subjectivity, add exemptions for historic structures, and allow for the residential component to be satisfied wholly or partially through payment of a fee.

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 April 1, 2023.

Recommended Council Action
Introduce the ordinance.

Alternative Actions
Council discretion.

Financial Impact
None.

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1 Ord. Title 19 SMC 2022
City of Sonoma
ORDINANCE # ______ - 2023

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SONOMA MUNICIPAL TITLE 19, SECTION 19.10.020 (B)(3) (RESIDENTIAL COMPONENT) AND SECTION 19.010.020 (C)(2) (RESIDENTIAL COMPONENT) OF THE CITY OF SONOMA

MUNICIPAL CODE AND FINDING THIS ACTION IS EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW UNDER THE GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) THAT CEQA

ONLY APPLIES TO PROJECTS THAT HAVE THE POTENTIAL FOR CAUSING A

SIGNIFICANT EFFECT ON THE ENVIRONMENT
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, the City desires to amend its local regulatory scheme to facilitate the construction of housing to comply with State law; and
WHEREAS, in fall of 2021, the Planning Commission identified the need to clarify requirements for a residential component contained in Title 19 of the Sonoma Municipal Code, Section 19.10.020 (B)(3) (Commercial - Residential Component) and Section 19.010.020 (C)(2) (Mixed Use - Residential Component) and to eliminate subjectivity; and WHEREAS, beginning in February 2022, the Planning Commission has reviewed numerous draft Ordinances regarding amendments to Title 19 of the Sonoma Municipal Code, Section 19.10.020 (B)(3) (Commercial - Residential Component) and Section 19.010.020 (C)(2) (Mixed Use - Residential Component) and to eliminate subjectivity; and WHEREAS, the Planning Commission and City Council have both provided direction to staff to eliminate subjectivity, retain maximum flexibility for decision-makers, add exemptions for historic structures, and amend the ordinance to include a fee option for satisfying the residential component either in whole or in part; and
WHEREAS, on November 17, 2022, the Planning Commission held a Study Session to discuss potential amendments to Section 19.10.020 (B)(3) (Commercial - Residential Component) and Section 19.010.020 (C)(2) (Mixed Use - Residential Component). The Study Session was continued to December 15, 2022; and
WHEREAS, on December 15, 2022, the Planning Commission held the continued Study Session and presented a revised and simplified draft ordinance for consideration by the Planning Commission. The Planning Commission directed staff to forward a draft ordinance to the Planning Commission for consideration of a recommendation; and WHEREAS, on January 19, 2023, the Planning Commission considered a draft ordinance and directed staff to forward a draft ordinance to the City Council for introduction; and Agenda Item #7.3:

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2 Ord. Title 19 SMC 2022
WHEREAS, the Planning Commission finds adoption of 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, the proposed amendments to the Sonoma Municipal Code set forth hereinbelow 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 19.10.020(B)(3) (Zoning districts established) is amended as follows:

3. Residential Component. In applications for new development on properties of one-half acre in size or larger for which a discretionary permit is required, a residential component shall be is required, unless waived by the planning commission. except in either of the following circumstances:
a. The replacement of a commercial use within an existing tenant space with another commercial use.
b. Additions up to 30 percent of existing historic structures that are listed, or eligible to be listed, on the National Register of Historic Places, the California Register of Historical Resources and/or the City of Sonoma Inventory of Historic Sites and Structures where the addition would not impact the historic designation.

A residential component shallshould normally comprise at least 50 percent of the total proposed building area be equal to 100 percent of the floor area of the commercial component. The residential component may be wholly or partially satisfied through payment of a residential component fee, subject to approval by the Planning Commission. The residential component fee shall be paid per square foot of required residential component and shall be established by resolution of the City Council and paid into the Housing Trust Fund. Circumstances in which the residential component may be wholly or partially satisfied by the residential component fee reduced or waived include, but are not limited to, the following:
a. The replacement of a commercial use within an existing tenant space with another commercial use.

Agenda Item #7.3:

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3 Ord. Title 19 SMC 2022
ab. The presence of existing uses or conditions incompatible with residential development on or adjacent to the property for which a new development is proposed.
bc. Existing pProperty characteristics, including size limitations and environmental characteristics, that constrain opportunities for residential development or make it infeasible.
cd. Limitations imposed by other regulatory requirements, such as the Growth Management Ordinance.

B. Section 19.10.020(C)(2) and (C)(3) (Zoning districts established) is amended as follows:

2. Residential Component. In applications for new development for which a discretionary permit is required, a residential component is required, unless waived by the planning commission. A residential component shall be is required, unless waived by the planning commission. except in either of the following circumstances:
a. The replacement of a commercial use within an existing tenant space with another commercial use.
b. Additions up to 30 percent of existing historic structures that are listed, or eligible to be listed, on the National Register of Historic Places, the California Register of Historical Resources and/or the City of Sonoma Inventory of Historic Sites and Structures where the addition would not impact the historic designation.

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4 Ord. Title 19 SMC 2022
a. The replacement of a commercial use within an existing tenant space with another commercial use.
ab. The presence of existing uses or conditions incompatible with residential development on or adjacent to the property for which a new development is proposed.
bc. Existing pProperty characteristics, including size limitations and environmental characteristics, that constrain opportunities for residential development or make it infeasible.
cd. Limitations imposed by other regulatory requirements, such as the Growth Management Ordinance.

3. Commercial Component. In applications for new development for which a discretionary permit is required, a commercial component may be required, unless waived by the planning commission. Circumstances in which a commercial component may be waived include, but are not limited to, the following:
a. The replacement, expansion, or alteration of a residential use within an existing residential or mixed use development.
b. The presence of existing uses or conditions incompatible with commercial development on or adjacent to the property for which a new development is proposed.
c. Existing pProperty characteristics, including size limitations and environmental characteristics, that constrain opportunities for commercial development or make it infeasible.
d. Interference with the objective of maximizing housing opportunities, especially affordable housing and other housing types that meet community needs as identified in the Housing Element.
e. Limitations imposed by other development regulations, including applicable requirements and guidelines of the development code.

C. SECTION 2. Findings for Development Code Amendments.

Agenda Item #7.3:

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5 Ord. Title 19 SMC 2022
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan, including Goals CD-1 and CD-2, Policies 5.5, 1.2, and 1.8 because the amendments:
• Promote and preserve the use of property for housing, focus housing development in the city-limits.
• Maintain a definitive urban growth boundary (UGB).
• Balance the protection of open space and providing housing and employment, consistent with the small-town character of Sonoma.
• Promote higher density, infill development, while ensuring that building mass, scale, and form are compatible with neighborhood and town character. • Encourage mixed use development that includes small-scale, local-serving commercial uses, provided it will be compatible with surrounding development. • Preserve and enhance the historic Plaza area as a unique, retail-oriented commercial and cultural center that attracts both residents and visitors.

Overall, the proposed amendments to the development code would support the action of the general plan.

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, Agenda Item #7.3:

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6 Ord. Title 19 SMC 2022
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.

SECTION 5. Effective Date.

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

SECTION 6. Publication.

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

SECTION 7. This Ordinance Prevails Where There is Conflict.

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Sonoma this _____ day of _____, 2023, after first being introduced at the Regular Council meeting of ________, by the following vote:

AYES:

NOES:

ABSENT:

AYES:

Agenda Item #7.3:

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7 Ord. Title 19 SMC 2022
NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Mar 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Receive Status Report on Funding Update for the City's Homelessness Consultant Andrew Hening Consulting LLC
Summary
On January 23, 2023, the City Council approved a resolution authorizing the City Manager to execute a 6-month agreement (February- end of July) with Andrew Hening, Consulting LLC, for homeless strategic planning and "By-Name List" community case conferencing. The total cost of the agreement is $67,200. City staff indicated during the January 23rd meeting that there were opportunities to partner with the County and local philanthropic organizations to help cover some of the costs associated with this strategic work. It is important to note that this strategic approach to end homelessness aligns with Sonoma County's Continuum of Care (CoC) strategic plan.

In terms of philanthropic support, City staff received confirmation from the Sonoma Valley Catalyst Fund on January 28th that they would be willing to cover the strategic planning services of the Andrew Hening Consulting LLC proposal/agreement to the amount of $25,200. Sonoma Valley Catalyst Fund has entered into their own agreement with Andrew Hening, and those specific services and costs have been identified in the City's contract as being paid for by the Sonoma Valley Catalyst Fund.

City staff has also been looking at County funding. Most specifically, the County has recently released a $3 million dollar notice of funding availability (NOFA) through Measure O, with responses due back by mid-March. Sonoma County passed Measure O in November of 2020 to provide essential funding for mental health and homeless services. Measure O, a one-quarter cent sales tax, passed with over 2/3 of the vote and generates $25 million each year for 10 years to help protect essential mental health and homelessness services.

City staff recently met Dave Kiff, Director of Sonoma County Homelessness Services Division.

Staff provided an update on our current homelessness efforts, including the launch of “By-Name List” community case conferencing and the City’s intention to continue to align those efforts with the Sonoma County Continuum of Care (CoC) strategic plan. Mr. Kiff was able to confirm that the “By-Name List” community case conferencing would be an eligible project under the Measure O NOFA and, should the City decide to apply, retroactive support for “By-Name List” community case conferencing under the current Andrew Hening Consulting LLC agreement could be included in a funding request. Mr. Kiff also informed staff that an even larger NOFA will be coming out later this spring, which could provide another opportunity to fund local projects.

Based on these developments, City staff plans to work with our homeless consultant Andrew Hening on a Measure O proposal, with the goal being to ask for a minimum of $21,000 to help cover the "By-Name List” community case conferencing work. Additionally, City staff and the Catalyst Fund have tasked Andrew Hening with the rapid development a three-year strategic Agenda Item #7.4:

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action plan detailing a roadmap for how the community can continue to make progress ending homelessness. Rather than being an entirely new process, this action plan will incorporate the findings from the strategic assessment Andrew Hening completed for the City in June of 2022 and will add on additional goals, strategic focus areas, and action steps. This plan will align with the Sonoma County Continuum of Care (CoC) strategic plan and become the foundation for future funding requests and grant applications
In late spring, City staff will bring the action plan to City Council for consideration. The timing of the completion of the action plan will align with the second NOFA being released by the County's Continuum of Care body.

Recommended Council Action
Receive report.

Alternative Actions
N/A
Financial Impact
Informational only.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
CC:

Andrew Hening, Consulting LLC
Agenda Item #7.4:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Mar 2023
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer
Agenda Item Title
Adopt a Resolution Authorizing the Upgrade of One (1) Maintenance Worker II Position to a Senior Maintenance Worker Position with a Mid-Year Budget Adjustment Summary
During the 2019 labor negotiations with SEIU and the resulting City Council approved MOUs dated July 1, 2019, thru June 30, 2022, the Maintenance Worker series was updated. This update realigned internal relationships, alleviated salary range compression and created new promotional opportunities. The Maintenance Worker series included the possibility of additional Senior Maintenance Workers who would replace and eliminate existing Maintenance Worker II positions. Senior Maintenance Worker classifications would continue to do general maintenance duties but could also perform specialized higher-level duties and oversight. On January 13, 2020, two Maintenance Worker II positions were reclassified as Senior Maintenance Workers in Public Works Water and Parks Divisions.

Currently the need for a higher level, lead position has been identified in the Streets division.

The adoption of this resolution would extend this reclassification opportunity to the Public Works Streets Division, providing a promotional opportunity to an existing Maintenance Worker II, and replacing one (1) Maintenance Worker II position with a Senior Maintenance Worker.

Staff is recommending an internal recruitment to promote existing staff to this new position. The current monthly salary top step is $6,516 for the Maintenance Worker II, and the current top step for the Senior Maintenance Worker Position is $7,167. The proposed position change would result in an approximate FY 2022/23 salary and benefits increase of $2,604 as the position would most likely not be filled until March 2023.

Staff recommends that the position upgrade be added to the FY 2022/23 budget with a midyear budget adjustment and an internal recruitment for the one (1) Senior Maintenance Worker position be initiated.

Recommended Council Action
Adopt a Resolution of the City Council of the City of Sonoma Authorizing the Upgrade of One (1) Maintenance Worker II Position to Senior Maintenance Worker Position, Approving FY 2022/23 Mid-Year Budget Adjustment and Directing the City Manager to Initiate the Recruitment Process.

Alternative Actions
Council Discretion.

Financial Impact
Agenda Item #7.5:

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For FY 2022/23, upgrading One (1) Maintenance Worker II position to Senior Maintenance Worker would result in an approximate salary and benefit increase of $2,604 as the position would most likely not be filled until March 2023.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Senior Maintenance Worker
Agenda Item #7.5:

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City of Sonoma
RESOLUTION #______ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

AUTHORIZNG THE UPGRADE OF ONE MAINTENANCE WORKER II POSITIONS TO SENIOR MAINTENANCE WORKER POSITIONS, APPROVING A FY 2022/23 BUDGET ADJUSTMENT,

AND DIRECTING THE CITY MANAGER TO INITIATE AN IN-HOUSE RECRUITMENT

PROCESS
WHEREAS, during the 2019 labor negotiations and the resulting Council approved MOUs dated July1, 2019 thru June 30, 2022, the Maintenance Worker series was updated; and WHEREAS, in January 2020, Senior Maintenance Worker positions were added to the Public Works Water and Parks Divisions; and
WHEREAS, the need for higher level, lead positions has been additionally identified in the Streets Division; and
WHEREAS, Staff is recommending an internal recruitment to promote existing staff to this new Senior Maintenance Worker position in Public Works Streets Division; and WHEREAS, the current monthly salary top step is $6,516 for the Maintenance Worker II, and the current top step for the Senior Maintenance Worker Position is $6,286; and WHEREAS, eliminating and promoting one (1) Maintenance Worker II position to one (1) Senior Maintenance Worker, will result in an approximate FY 2022/23 salary and benefits increase of $2,604.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the following:

1. Upgrade of one (1) Maintenance Worker II position to a Senior Maintenance Worker position

2. A FY 2022/23 Mid-Year Budget Adjustment for final costs estimated at $2,604.

3. The City Manager to initiate the in-house recruitment process for the new Senior Maintenance Worker position.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma at its regular meeting held on March 1, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Mar 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Part One of Three Reports: Receive and Discuss Annual Reports from City of Sonoma Community Services Providers
Summary
The City of Sonoma has a long history of providing funding to various recreation and community service initiatives through annual grant funding, one-time investments in facilities, financial support for leases, and/or low annual lease rates for property or buildings. In addition, the City has traditionally supported many community events and activities by waiving or reducing city fees and at times, providing direct financial support. The City also has supported non-profits through the years for one-time initiatives or opportunities. The City’s support for a variety of recreation and community services is an important component in ensuring a high quality of life for its residents.

In 2017, the City Council directed staff to create a new program that would take the City's hybrid approach and formalize it, by providing multi-year contracts and/or lease agreements to nonprofits delivering core recreation and environment services to the community, support for heritage/legacy community events through fee waivers, and an opportunity to fund/support unique projects that are impactful to the community through a discretionary reserve fund.

On March 15, 2018, this new program "Recreation and Community Services Program and Funding and Policy Guidelines" centralized these partnerships in a manner to allow them to be visible to the community especially since many of these investments have occurred through the years. The City Council reviewed and revised the program on August 3, 2022 (Attachment A).

The purpose of the Recreation and Community Services Program is to centralize and bring together the many investments that the City provides. This updated Program has the following five components:

1. Multi-year contracts with key non-profit organizations which provide core recreation and community service programs where there has been a long City partnership.

2. Fee waivers and financial support for events that celebrate our community’s heritage and history.

3. Fee waivers for community events that celebrate seasonal events and bring our community together; and

4. Discretionary funding to support unique projects that are impactful to the community/City that may arise during the year without tapping into the City’s reserves; and

5. Enhancement of a “Recreation and Community Services” webpage on the City’s website to provide information and links regarding this program, our partners and the City’s investments.

In many cities, there are city employees and a dedicated Recreation and Community Service Department that deliver youth programs, athletic programs, senior services, arts and theater, Agenda Item #9.1:

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and the facilities that operate these programs. In Sonoma, these core recreational programs are provided by non-profits; the City has not provided these programs directly. For many decades, the City has provided annual grant funding to key non-profits which over time became known as the “Tier 1” non-profits. Due to these long-term partnerships, the City and its residents have experienced cost savings through the avoidance of creating a City department with appropriate staffing devoted to recreational and community programs. By leveraging the talents, skills, networks, and resources already available in the community, the City has invested in recreation and community programs for decades. This approach has proven to be a cost effective, efficient, and flexible method to meet the changing needs of the community.

Non-profit organizations which provide these recreational and community programs are expert at delivering some traditional services provided by city governments elsewhere.

During FY22/23 budget session, City council members requested a deeper dive into these partnerships, to gain a better understanding of the services being provided as well as a better understanding of the value of the support the City provides. The value is not just the monetary contributions but also in financial support of leases and or low annual lease rates of public property.

The agreements between the City and the community partners contain clauses requesting annual reports to City Council. This year City staff has arranged over a series of City Council meetings to have each of the community partners present an annual report. They were each provided an outline of items to cover, and staff requested they prepare a 5–7-minute presentation.

Below is the list of items that were asked to be covered during the report to City Council.

Introduction & Background including:
• date of formation
• history
• mission
Populations and number of individuals served annually. If available, please include:
• demographic data or analysis of age, race, and socioeconomic information of your customers/clients
• equity-focused programs, practices, outreach strategies, tools, and/or policies that make your programming and services accessible to community members with access and functional needs, language barriers, and/or who need financial assistance.

Financial Information
• High level overview of revenue/grants and expenses
• How the City’s contribution supports your organization and mission • Any significant expenditures or upgrades to facilities/property planned Community Partnerships
• Highlight any partnerships within the community.

What’s New?
• Discuss any new programs, initiatives and instructors or staff.

Attached to the staff report is a copy of each of the presenting community partners current agreements, in some cases the original lease agreements have been followed by a series of Agenda Item #9.1:

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amendments. The current contract with Sonoma Ecology Center is scheduled to sunset at the end of fiscal year 23/24 and both Bocce Sonoma and Valley of the Moon Petanque have termination dates of 2024. After each presentation City Council will have an opportunity to ask questions of the organization. Additional action can occur during the annual budget discussions during the review of the Community Services budget item.

Recommended Council Action
Receive annual reports and no action required.

Alternative Actions
Financial Impact
All of the community partnerships are funded through the Community Services Budget and at this time no financial changes to note.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Attachment A_ Adopted 8.3.2022_Community Activities Policy and Procedures Sonoma Ecology Center Community Partners Agreement FY21-24 Bond Property SEC Restated Ground Lease Agreement and Capital Funding Agreement Sonoma Sister Cities Ground Lease and Amendments
Valley of the Moon Petanque Ground Lease and Amendments CC:

Tony Passantino, Sonoma Ecology Center
Laurie Sebesta, Bocce Sonoma
Marco Ilaria, Valley of the Moon Petanque
Agenda Item #9.1:

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CITY OF SONOMA
Approved by City Council on 8/3/2022

RECREATION AND COMMUNITY SERVICES PROGRAM
Funding and Policy Guidelines

PURPOSE
Recognizing the significant, if not crucial, role that recreational and community services programs play in enhancing the overall health and well-being of its citizens, the City has regularly provided funding and financial support to nonprofits providing these services in Sonoma. While a long-term investment, the City’s funding of recreation and community services has not been organized in a centralized manner to allow them to be visible to the community especially since many of these investments have occurred through the years.

The purpose of the Recreation and Community Services Program is to centralize and bring together the many investments that the City provides. This updated Program has the following five components:

1. Multi-year contracts with key non-profit organizations which provide core recreation and community service programs where there has been a long City partnership;

2. Fee waivers and financial support for events that celebrate our community’s heritage and history;

3. Fee waivers for community events that celebrate seasonal events and bring our community together; and,

4. Discretionary funding to support unique projects that are impactful to the community/City that may arise during the year without tapping into the City’s reserves; and

5. Enhancement of a “Recreation and Community Services” webpage on the City’s website to provide information and links regarding this program, our partners and the City’s investments.

BACKGROUND
The City of Sonoma has a long history of providing funding to various recreation and community service initiatives through annual grant funding, one-time investments in facilities, financial support for leases, and/or low annual lease rates for property or buildings. In addition, the City has traditionally supported many community events and activities by waiving or reducing city fees and at times, providing direct financial support. The City also has supported non-profits through the years for one-time initiatives or opportunities. The City’s support for a variety of recreation and community services is an important component in ensuring a high quality of life for its residents.

In Sonoma, these core recreational programs are provided by non-profits; the City has not provided these programs directly. For many decades, the City has provided annual grant funding to key non-profits which overtime became known as the “Tier 1” non-profits. Due to these long-term partnerships, the City and its residents have experienced Agenda Item #9.1:

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cost savings through the avoidance of creating a City department with appropriate staffing devoted to Recreational and Community Programs. By leveraging the talents, skills, networks, and resources already available in the community, the City has invested in recreation and community programs for decades. This approach has proven to be a cost effective, efficient, and flexible method to meet the changing needs of the community. Non-profit organizations which provide these Recreational and Community Programs are expert at delivering some traditional services provided by city governments elsewhere. The chart below illustrates typical municipal recreation services and who/how those services are delivered in Sonoma.

COMPONENTS OF THE POLICY
Core Recreation and Community Service Partnership Contracts – Based on historical funding and criteria the City Council selected the key non-profits listed below to contract with for their delivery of core recreation and community services on behalf of the City.
a. Sonoma Valley Boys and Girls Club
b. Sonoma Community Center
c. Vintage House
d. Sonoma Ecology Center
Rather than an annual grant process, the City will enter into agreements directly with each non-profit for multi-year contracts. This creates certainty for the non-profit and acknowledges that this is an ongoing service relationship.

To be considered a Core Recreation and Community Service Partner the organization needs to meet the following criteria:
a) Must be an established 501c (3) organization in good standing.

Vintage House
Sonoma Community
Center
Sonoma Ecology Center
SV Field of Dreams
Boys and Girls Club
Sonoma Ecology Center
Sonoma Community
Center
SV Field of Dreams
Sebastiani Theater
Vintage House Sonoma Community
Center
Sonoma Ecology
Center
SV Field of Dreams
Sonoma Community Center
SV Museum of Art
Sebastiani Theater
Agenda Item #9.1:

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b) Provides recreation and community services programming that serves a minimum of 5% of the total population of the City of Sonoma
c) The hours of operations and programming exceed 30 + hours a week. d) Must maintain a community facility and ensure it is accessible to the public year-round.

Based on the above criteria, during the annual fiscal year budget process, the City Council can consider adding additional key non-profits for their delivery of core recreation and community services on behalf of the City. If additional Core Recreation and Community Service Partners are added, the funding mechanism outlined in the FUNDING CALCULATION section below remains the same. (It should be noted that adding additional Core Recreation and Community Service Partners could potentially reduce the overall funding available for each partner and/or the Council’s Discretionary Funding.)
Attachment A outlines the history of the City’s financial sponsorship of these recreation/community service nonprofits Other Recreation and Community Services Partnerships: The City has other recreation and community service partnerships that will be included on the City’s Recreation and Community Services web page.

Sebastiani Theatre – In 2016, the City entered a separate agreement with the Sebastiani Theatre Foundation to support the renovation and programming of the Sebastiani Theater. The City has a 25-year lease with the property owners of the Theatre and a sub-lease with the Sebastiani Theatre Foundation. The City pays 50% of the lease (approximately $32,550 annually) with the remaining 50% paid for by the Foundation. In addition, the City is contributing $300,000 to helping with the ADA assessment / improvements needed to the Theatre. These funds are not part of the Community Fund Program, but this partnership relationship is another commitment by the City to recreation and community services.

Sonoma Valley Health and Recreation Association & Swimming Pool – In 2014, the City entered an agreement with Sonoma Valley Health and Recreation Association to support the construction of a swimming pool within the Sonoma Valley. The City’s financial commitment is for a total $250,000 to be paid in 10 annual installments of $25,000 for the value of free and reduced-fee services to be provided to Sonoma Valley residents. This funding begins in FY22/23.

Sonoma Valley Field of Dreams – Since 1992, the City has had a long-term agreement with the Sonoma Valley Field of Dreams for the operation and maintenance of turf areas and playfields.

Sonoma Overnight Support Homeless Shelter – The City has had a contract since 2005 with Sonoma Overnight Support (SOS). In 2008, through the City’s prior redevelopment agency, the homeless facility was purchased and completed. Since 2009, SOS has operated The Haven homeless shelter in a building owned by the City of Sonoma. Currently, the City’s Successor Agency for the Community Development Agency has a multi-year contract with SOS to provide management services for an emergency homeless shelter through 2030 for $30,000 annually. This is funded by Redevelopment Property Tax Trust Fund (RPPTF).

2. City Sponsored “Heritage Events” – The City is fortunate to have several community events hosted by nonprofits that celebrate the heritage of the City or country that have been in existence for over 25 years. The City has been a financial sponsor of these events by waiving fees/staff costs and/or providing direct financial sponsorship funding.

The City Council designates the following events as “Heritage Events”:
a. 4th of July Celebration and Fireworks hosted by VOM Firefighters; b. Valley of the Moon Vintage Festival hosted by Sonoma Valley Vintners and Growers Alliance; c. Bear Flag Celebration hosted by Native Sons; and,
Agenda Item #9.1:

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d. Mexican Independence Day hosted by VIDA.
a.

By designating the events above as the City’s Heritage Events, the City provides the following funding:

Fee Waiver / City Sponsorship - City agrees to waive fees and staff time associated with these events and provide sponsorship funding at times. These fee waivers would be included as part of the annual budget process for Council consideration and no longer require a separate action in front of the City Council.

These fee waivers are absorbed by the City’s budget or represent revenue that will not be received. The City will not backfill these fee waivers.
b. Each of the Heritage events must comply with the following:
i. Special Event Policy -- These events will continue to need to comply with the City’s Special Event Policy. City Recognition -- The non-profit organization hosting the Heritage Event will recognize that the City is a financial supporter through this relationship and will provide the City with public recognition through sponsorship identification and other means. The City will provide the non-profits with a copy of its logo for promotional purposes. Annual Report -- On an annual basis, the non-profits will provide City Council with a report on their event.

3. City Sponsored “Community Events” – The City also has historically helped support several events for the community to come together to celebrate seasonal special times. Traditionally, each of these events was required to request a fee waiver annually on the City Council’s agenda in addition to going through the City’s Special Event procedure.

The City Council designates the following events as “City Sponsored Community Events”:
a. Sonoma City Party hosted by the City of Sonoma;
b. Sonoma’s Tuesday Night Market hosted by the City of Sonoma; c. Cinco de Mayo hosted by La Luz;
d. Plaza Lighting Celebration hosted by Sonoma Valley Visitors’ Bureau, Tourism Improvement District and the City of Sonoma;
e. Spring Egg Hunt hosted by Soroptimist;
f. Hot Chocolate with Santa hosted by Soroptimist and Sonoma Valley Fire District; and, g. SVHS Homecoming Rally and Parade hosted by Sonoma Valley High School.

By designating the events above as the City’s Community Events, the following is established:
a. Fee Waiver / City Sponsorship - City agrees to waive fees and staff time associated with these events and provide sponsorship funding at times. These fee waivers will be included as part of the annual budget process for Council consideration and no longer require a separate action in front of the City Council.

These fee waivers are absorbed by the City’s budget or represent revenue that will not be received. The City will not backfill these fee waivers.
b. Special Event Policy -- These events will continue to need to comply with the City’s Special Event Policy. c. City Recognition -- The non-profit organization hosting the Community Event will recognize that the City is a financial supporter through this relationship and will provide the City with public recognition through sponsorship identification and other means. The City will provide the non-profits with a copy of its logo for promotional purposes.
d. Annual Report -- On an annual basis, the non-profits will provide City Council a report on their event.

FUNDING CALCULATION
The Sonoma City Council will fund the Community Recreation and Community Services Program through a calculation equal to 1.5% of designated General Fund Tax Revenue sources. The specific General Fund Tax Revenue sources used in calculation of the amount of grant funding available include: Property Tax-Secured, Property TaxUnsecured, Property Tax-Supplemental, Property Tax-HOPTR, Property Tax-County Collection, ERAF (State Transfer), Agenda Item #9.1:

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Sales/Use Tax, VLF Swap, Measure J-Local Sales Tax, TOT, Franchise Tax, Business License Tax and Property Transfer Tax.

The total amount of funding may vary from year-to-year based on budget calculations and will be set annually through the adoption of the budget. There will be two categories of funding under the Community Fund. Each component is treated separately.

CORE RECREATION AND COMMUNITY SERVICES FUND (90%)
Of the total Community Fund calculation (1.5%), a total sum of 90% shall be available to fund contracted recreation and community services, heritage events and community events. However, any unprogrammed funding will be categorized as Council Discretionary Use.

COUNCIL DISCRETIONARY USE (10%)
The remaining 10% of funding will remain as a set-aside for distribution by Council as general-purpose funding which may be used to support special events or smaller special purpose initiatives that become apparent throughout the fiscal year. Requests Council Discretionary funding shall be brought forward individually to the City Council. The City Council may decide to create a more formal policy or parameters about this discretionary funding in the future. Any non-programming funding from the Core Recreation and Community Service funding that isn’t programmed shall roll to Council Discretionary use.

CONTRACTUAL PARAMETERS
The following information pertains to the multi-year contracts for Recreation and Community Service providers.

These components will be included in each contract.

ACCESS AND AFFORDABILITY -- The NON-PROFIT shall maintain affordable membership fees and offer financial aid when necessary.

ANNUAL REPORT -- The NON-PROFIT shall provide an annual written and oral report to City Council to provide sufficient information to track the accomplishment of the core services provided. The annual report should include financial statements, how the City funds were spent, a re-cap on policies/programs to ensure equitable access to address local disparities, and basic demographics of population served. The CITY may provide a more specific deadline during the term of the contract if needed.

CITY USE OF SPACE – The NON-PROFIT will provide the City with use of their facilities at no charge for special events, town hall meetings, workshops, or other activities. The CITY will work with the NON-PROFIT to find dates/times that do not significantly impact the non-profit.

EMERGENCY SUPPORT – The NON-PROFIT acknowledges the City’s role as emergency operations lead for the city and its provision of mutual aid support to Sonoma Valley. The CITY reserves the right to request the NON-PROFIT for assistance (shelter management, use of space, volunteers, etc.) if a declaration of emergency is called by the CITY.

The City may enter into a separate more specific emergency support contract if deemed necessary.

SPONSORSHIP -- NON-PROFIT recognizes that the CITY is a major financial supporter through this contract and will provide the CITY with public recognition through sponsorship identification and other means. The CITY will provide the NON-PROFIT with a copy of its logo for promotional purposes.

WEBSITE / COMMUNICATION – The CITY will maintain a “Recreation and Community Services” page on its website to promote and recognize the partnership outlined in this contract. The CITY will link to the NON-PROFIT to assist in information dissemination to the public. The NON-PROFIT agrees to help the CITY promote and spread the word Agenda Item #9.1:

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about key CITY news or opportunities. The CITY also agrees to help communicate about key recreation and service opportunities provided by the NON-PROFIT to the public on an occasional basis.

COORDINATION MEETINGS – The NON-PROFIT agrees to participate in regular meetings with the CITY and other key recreational non-profits as requested to help coordinate and further enhance recreation and community services within the community.

FUNDING REDUCTIONS DUE TO CITY ECONOMIC CONDITIONS -- If the financial condition of the City necessitates funding decreases in City programs, the City Council shall consider the needs of all City department programs, in light of the City Council’s priority setting guidelines, and the Recreational and Community Programs budget will be considered as one of these department programs. This means that the annual amount of a contribution within a multi-year contract may be reduced based on City budget reductions. The City will provide the non-profit with notice should this occur.

CONTRACT PAYMENTS -- The CITY reserves the right to pay the NON-PROFIT in a single installment or in “draws” at its sole discretion.

PROGRAM HISTORY
The Sonoma City Council has contributed grant funding to non-profits through the years. Traditionally, the focus of the City’s grant funding program was to support three, and then four non-profits that provide core recreational and community services since the City does not operate an in-house recreation and community services department.

Historically, funding for these organizations had been considered as part of the annual budget process and each year the “Tier 1” non-profits were required to file an annual grant submission with a project/program to be funded.

The Sonoma City Council, through its adoption of the 2015-16 Council Goals, directed the creation of a Sonoma Community Fund equal to 1.5% of General Fund Tax Revenue sources to provide grants for nonprofit community service organizations. In the FY 2015-16 Budget, the total funding for the Community Fund totaled $188,000 which was allocated to fund the Tier 1 programs in their final year of guaranteed funding under the former Recreation Funding Policy.

In FY 2016-17, new Community Funding competitive grant guidelines were adopted with a different approach allowing broader funding access to all non-profit agencies in Sonoma. It was the Council’s intention to distribute the designated funds available to a wider span of agencies to benefit more organizations and services. While it was understood that there would not be sufficient dollars to fund all agencies and requests, the format of this grant program would allow reconsideration each year for funding of local organizations and give greater opportunity to all non-profit applicants. In the FY 2016-17 Budget, the total available funding for the Community Fund amounted to $194,385. Per the Community Fund Grant Guidelines, 90% ($174,900) was awarded as competitive grants and 10% ($19,485) was set aside as “Council discretionary funds” which was awarded by Council for general purposes (such as Plaza fee waivers, mini-grants, etc.) The FY 2016/2017 competitive grant application period opened on March 16, 2016 and closed on April 29, 2016. The City received 23 grant applications requesting a total dollar amount of $450,955 ($276,055 above the funds available). City staff reviewed the 23 applications and 17 non-profits were recommended for funding.

As part of the discussions in 2016, the City Council expressed a desire to have a new policy before initiating the community funding process for the FY 17/18 budget. On March 20, 2017, the City Council held a study session to review the City’s Community Fund Grant program. At the end of the study session, Council directed staff come back with a hybrid approach that would provide multi-year contracts to non-profits delivering core recreation and environment services to the community, support for heritage/legacy community events and a further discussion of any competitive grant program based on overall funding and a refined focus Agenda Item #9.1:

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In June of 2022, City Council requested an update to the current Community Funding Policy to allow City Council the ability to add additional Core Recreation and Community Service partner. The policy has been updated to include that option.
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ATTACHMENT A -- HISTORY
Year Boys and
Girls Club
Community
Center
Vintage
House
Sonoma
Ecology
Center
Total
Sustained
Funding
Community
Grants
(All Other)
Total
1985-86 - 11,700 11,700
1986-87 - 13,500 13,500
1987-88 - 14,475 14,475
1988-89 33,525 20,000 53,525 12,000 65,525
1989-90 22,000 22,000 44,000 15,000 59,000
1990-91 22,000 22,000 44,000 15,000 59,000
1991-92 22,000 20,000 42,000 5,325 47,325
1992-93 - - - - -
1993-94 20,000 24,000 44,000 - 44,000
1994-95 20,000 5,000 25,000 - 25,000
1995-96 20,000 12,500 32,500 1,000 33,500
1996-97 20,000 12,500 32,500 - 32,500
1997-98 20,000 12,500 32,500 - 32,500
1998-99 54,000 15,000 69,000 5,000 74,000
1999-00 54,000 15,000 69,000 - 69,000
2000-01 61,000 43,000 7,500 111,500 - 111,500
2001-02 68,000 64,000 30,000 162,000 20,000 182,000
2002-03 68,000 69,000 30,000 167,000 133,000 300,000
2003-04 67,000 54,000 30,000 151,000 49,000 200,000
2004-05 67,000 54,000 30,000 151,000 49,000 200,000
2005-06 70,000 55,000 31,000 156,000 35,500 191,500
2006-07 71,500 58,370 31,130 161,000 35,550 196,550
2007-08 74,905 - 39,795 25,000 139,700 100,300 240,000
2008-09 59,400 - 30,800 19,800 110,000 - 110,000
2009-10 59,400 - 30,800 19,800 110,000 - 110,000
2010-11 58,000 36,000 30,000 22,000 146,000 - 146,000
2011-12 51,040 26,400 26,400 19,360 123,200 - 123,200
2012-13 51,040 26,400 26,400 19,360 123,200 - 123,200
2013-14 58,000 26,400 30,000 22,000 136,400 - 136,400
2014-15 69,600 31,680 36,000 26,400 163,680 - 163,680
2015-16 70,725 43,000 36,900 27,675 178,300 - 178,300
2016-17 20,000 25,000 25,000 20,000 90,000 84,900 174,900 2017-18 $50,000 $35,000 $35,000 $42,800 $162,800 0 $204,885 2018-19 $55,000 $40,000 $40,000 $47,800 $182,800 $59,106 $241,906 2019-20 $62,740 $40,000 $40,000 $25,000 $167,740 $74,166 $241,906 2020-21 $46,750 $34,000 $34,000 $21,250 $136,000 $49,874 $185,874 2021-22 $55,000 $40,000 $40,000 $25,000 $160,000 $47,097 $207,097 2022-23 $55,000 $40,000 $40,000 $25,000 $160,000 $111,852 $271,852 Agenda Item #9.1:

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TOTAL
1985-2017
1,676,625 1,021,750 730,725 477,245 3,906,345 984,430 4,890,775 *Based on a review of published City Budgets. Actuals may vary somewhat.

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RESTATED GROUNDLEASE ANDCAPITALFUNDING AGREEMENT ‘ BONDPROPERTY THISRESTATED LEASEAND CAPITALFUNDINGAGREEMENTismade this Q4“day of March,2009,by andbetweenthe CITY OF SONOMA,hereinaftersometimesreferred to as “LANDLORD”or “CITY”,and the SONOMAECOLOGYCENTER,hereinaftersometimesreferred to as “TENANT”.TENANT is the successorto theLease originallyentered into betweenLANDLORDandTENANTon August 30, 2006.

RECITALS
On August 30, 2006, CITY and TENANTenteredintoa ground lease agreement wherebyTENANT leasedfrom LANDLORDa parcel ofreal property commonlyknownas the “Sonoma.Garden Park at the PaulineBond Property” and as ?rrther describedin ExhibitA of the agreement.

Includedin the August 30, 2006 ground lease agreement was a capitalproject funding agreement wherebytheCITY agreed to fund up to $20,000 for the constructionof speci?c AmericanswithDisabilitiesAct (ADA) accessiblepathwayimprovementsand $6,000 for the constructionof a greenhouse building,provided that the buildingpermitsfor the ADA accessiblepathways and the greenhouse buildingwere issuedby January 31, 2008 and all workcompletedby the TENANT not laterthan January 31, 2009,unlessotherwiseextended by the City Council.

In Decemberof 2007, a fnst phase of theADAaccessiblepathwayimprovementwas completedby the TENANTandthe CITY disbursed$12,836.96 to TENANTpursuant to the capital project funding agreement.

On December12,2008, the TENANTrequested that the LANDLORDconsider amendingthe lease and capital project agreement to: ' a. Providea two-year extensionof the capitalprojectfunding for the Greenhouseand ADA CompliantPathways projects; and
b. AllowTENANT’s use of the “Bond Barn” locatedon theBond homesteadportion of the property for nonhazardousagriculturalstorage purposes.

On February4, 2009, the Sonoma City Councilconsideredand approved the TENANT’srequests subjectto terms and conditionsestablishedin thisrestated lease and capitalproject fundingagreement.

WITNESSETH:

THE PARTIES DO HEREBYCOVENANT,PROMISEAND AGREEAS FOLLOWS:

DESCRIPTIONOF PROPERTY

1. THE CITY OF SONOMAherebyleasesto the SONOMAECOLOGY CENTER,for the term of this Agreement,the real property commonly known as the “SonomaGarden Park at the PaulineBond Property,” Sonoma,California,hereinafter calledthe “leasedpremises,” as more speci?callydescribedin Exhibit City Well
A. The “leasedpremises”does not includeany propertyor improvementsthat are usedby theCity for a. or portionsof the property withinthe fenced area at the northwestcorner of the property except as otherwiseshownin ExhibitA and describedinparagraph 15 herein.

LEASE TERM
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2. BasicTerm: Theterm of this lease is for a periodof ten (10) years, commencingon September 1,2006, and terminatingon August 31, 2016, unlesssooner terminatedor extended,as otherwiseprovidedby the terms of thislease or by law.

3. ‘ Option to ExtendTerm: TENANTis hereby granted an optionto extend the term for one (1) ten (10) year period following expirationof the term, exercisedby givingwrittennotice to LANDLORD of TENANT’sintentto exercisesuchoptionat leastninety (90) daysbefore the expirationofthe ?rst ten (10) year term. The optionterm shall be on the same terms and conditionsset forth herein,unless modified in writing.

4. Limitationon Option:In the event that: a) TENANT is inmaterial default on the date of giving the optionnotice;or b) TENANTisin materialdefaulton the date the optionterm is to commence; or c) TENANThas a history of materialdefaultsunderthisLease, namely, materialdefaults on three or more occasionsthat are documentedandwhichwere either curedby TENANT or for whichLANDLORD electednot to pursue itsremedies;then, at LANDLORD’s election,exercisedby notice,the option notice to extendthe term i
shall not be effective, the optionterm shallnot commence, andthis Lease shall expire at the end of the basic term unless earlierterminatedby LANDLORDunderthe provisionsof thisLease.

RENT

5. The rent for said property shallbe onedollar ($1.00) per year during the Lease Term, due and . payableon the date of executionof this Lease and thereafter on the ?rst ofJuly each and every year.

NEGATION OF PARTNERSHIP AND JOINT VENTURE

6. Nothing in this Lease shall be construedto render LANDLORD, in any way, or for any purpose, a partner, joint venturer or associate,in anyrelationshipwith TENANT, other than that of LANDLORD and TENANT, nor shall this Lease be construedto authorize either to act as agent for the other.

TAXES AND ASSESSMENTS

7. TENANTrecognizesand understandsthat this Lease may create a possessory interestsubjectto property taxationand that TENANT may be subjectto the payment of property taxes levied on suchinterest.

TENANT agrees to promptlypay any such tax.

UTILITIES

8. TENANTshallpay promptlyas they becomedue all charges for the furnishing of, electricity, garbage service,and otherpublic utilities,includingsanitarysewer services,to the demisedpremises duringthe term of thislease,including any water tax or water rate imposedon the demisedpremisesfor the furnishing of water to suchpremisesduring the term of thislease.

USES, PURPOSES ANDACCESS

9. TENANTshall use the Leased"Premisessolelyfor the programsset forth in, and in conformancewiththeprovisionsof, the Master Plan for the Sonoma Garden Park as adoptedby City of Sonoma ResolutionNo. 01-2006 andin conformancewithCity-approveduse permitscurrentlyin effect or whichmay be approvedby the City in the future. The adoptedMaster Plan is attachedheretoas ExhibitC.

10. TENANT shall not do or permit anything to be done in or about the Premises,or bring to keep anythingtherein,whichwill in‘any way constitutea nuisanceor affect ?re or other insuranceon the Premises,or whichshallin any way con?ict withany law, ordinance,rule or regulationaffecting the occupancy, use or 2 3/6/09
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ASSIGNMENT AND SUBLETTING
A 16. ' Assignmentby TENANT:TENANTshallhave no right to encumberthe leaseholdhereunderin any manner and shallnot assign,sublet,hypothecateor otherwisetransferwhethervoluntarily,involuntarily, or by operationof law,its interestin thisLease or any part thereofwithoutthe prior written approvalof LANDLORD.No suchassignmentor transfershallbe validor binding withoutsaidpriorwrittenapproval,and then only upon the conditionas suchassignee or othersuccessorin interest shall agree in writing to be boundby each and all of the covenants, conditionsandrestrictionsof thisLease. An attemptedassignmentor transfernot in compliancewiththe provisionsof this article shallbe groundsfor LANDLORD’sterminationof this Lease.

Consent to any assignmentor transfershallnot be deemeda waiver of thisrequirementas to any subsequent assignmentor transfer.

REQUIREDGOVERNMENTALAPPROVALS

17. TENANTshallprocureand deliverto LANDLORD, at TENANT’sexpense, evidenceof compliancewithallthen applicablecodes,ordinances,regulationsand requirementsfor permitsand approvals, including but notlimitedto, environmentalapproval,any"requiredcity or county zoning or planning approvals, gradingpermit,building permit,agriculturalpermitand any other approvalsfrom governmentalagenciesor bodieshaving jurisdiction.

18. LANDLORDmakesno covenant or warrantiesrespectingthe conditionof the soil or sub-soil, or any other conditionof the Premises.TENANTshall have the right to enter onto the Premisesto make any tests it deemsto be necessary to determinethe conditionof the soil,priorto the commencementof the term. All suchtests madeby or on behalf of TENANTshall be at TENANT’Ssole expense. TENANTshallprovide LANDLORDwitha copy of any test results on commencementof the term. .

LIABILITYANDWORKERSCOMPENSATIONl NSURANCE

19. During the term hereof, TENANT, at its expense,shallmaintainin full force a policy or policies of comprehensivegeneralliability insurance, including property damage writtenby one or more responsible insurancecompaniesadmittedand licensedto do businessin Californiahaving a rating of not lessthanBest's A +AAArating, thatwill insureTENANTand LANDLORDagainstliability for any injury to personsand property and for deathof any person or personsoccurring in or aboutthe Premises.The liabilityundersuch insuranceshallbe in an amount of not lesslthan$1,000,000 (One MillionDollars) combinedsingle limitfor bodily injury andproperty damage.

20. The insurance companiesshall deliverto LANDLORD, policiesor certificatesevidencing the purchaseof insurancerequiredherein. Suchpoliciesshallbe for a periodof not less than one (1) year and shall A not becancelableexcept upon thirty (30) days priorwrittennoticeto LANDLORD.Further, TENANTagrees that thirty (30) dayspriorto the expirationof any suchpolicyof insurance, TENANTwilldeliverto LANDLORDa renewalor new policyto take the place of the policyexpiring. ShouldTENANTfail to furnish to LANDLORDthe insurance policiesrequiredhereunderwithin?ve (5) days a?er noticefrom LANDLORD, LANDLORDmay obtainsuchinsuranceandthe premiumson suchinsurance shallbe deemedadditionalrental to be paidby TENANTunto LANDLORDupon demand.

21. Workers‘ CompensationInsurance: TENANTshallmaintainworkers’ compensationinsurance as isrequiredby law.
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PROTECTION OF LANDLORD AGAINST COST OR CLAIM

22. ‘ No reference to the Mechanic’sLienLaw made in thisAgreementshallbe construedto be an agreement or an acknowledgmentthat such law appliesto improvementsconstructedpursuant to this Agreement, or thatsuch improvementsare, or are not, publicworks.TENANTshallpay, or cause to be paid, the total cost and expenseof all works of improvement,as thatphrase is definedin the Mechanic’s Lien Law (commencingwithCaliforniaCivilCode §3l09). No suchpayment shall be construedas rent. TENANTshall not suffer or permit to be enforced againstthe Premises,or any part of it, any mechanic’s,materialmen’s, contractors or subcontractor’slien arisingfrom any work of improvement,however it may arise.However, TENANTmay, in good faith, and at TENANT’sown expense, contest the validityof any suchassertedlien, claimor demand,providedTENANThasfurnished the bond requiredin CivilCode §3 143 (or any comparable statute hereafter enactedfor providinga bond freeing thePremisesfromthe effect of such a lien claim).

TENANT shalldefendand indemnifyLANDLORDagainstall liabilityand loss of any type, arisingout of work performed on the premisesby TENANT, together withall costs and expenses incurredby LANDLORDin negotiating,settling,defending or otherwiseprotectingagainstsuchclaims.

23. If TENANTdoes not cause to be recordedthe bond describedin CaliforniaCivil Code §3l43, or otherwiseprotect the property under any alternativeor successor statute, and a ?nal judgment has been renderedagainst TENANT by a court of competent jurisdiction for the foreclosure of a mechanic’s,material men’s, contractor’sor subcontractor’slien claimand if TENANTfailsto stay the executionof thejudgment by lawful means or to pay the judgment, LANDLORDshallhave the right, but not the duty, to pay or otherwise discharge,stay or prevent the executionof any suchjudgment or lien or both.TENANTshallreimburse LANDLORDfor all sums paid by LANDLORDunderthis paragraph,togetherwith all LANDLORD’s reasonable costs plus intereston those sums, and costs at the maximumrate an individualis permittedby law to charge from the date of payment untilthe date of reimbursement.

IMPROVEMENTS

24. TENANT shallnot, withoutLANDLORD’sprior writtenconsent,construct, install,modify, alter, improve,repair or in any way change the Premisesor any structure, facility, applianceor electricalor mechanicalimprovementnow or hereafter in place on thePremises,except for: (a) purposes necessary to farmingthe landand then shall do so following the practicesof goodhusbandry;(b) structures lessthanseven feet in height and not occupiedby human beings and;(3) above-ground irrigation,such as drip systems.

25. No capitalimprovementdescribedin the adoptedMaster Plan shallbe constructedwithout LANDLORD and TENANThaving executed a project constructionagreement in a form substantially conforming to the provisionsof ExhibitB of this agreement.

26. In the event that improvementsor changesin use of the adjacentproperty currentlyleasedby LANDLORDto others for residentialpurposes wouldmateriallyinterferewith TENANT’S abilityto use or improvethe property in the manner provided in the Master Plan.,LANDLORD will, at LANDLORD’Ssole I expense and in consultationwithTENANT,apply for modificationsto theMaster Plan to accommodatechanges requiredas a result of said improvements.

27. In the eventthat improvementsare madeto the City Well and associatedstructures whichmake it impracticalfor TENANT to meet any requirementof the Master Plan, LANDLORDwill, at LANDLORD’S sole expense and in consultationwithTENANT,applyfor modi?cationsto the Master Plan to accommodate changesrequiredas a result of said improvements.
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CAPITAL PROJECT FUNDING -— GREENHOUSE AND ADA COMPLIANTPATHWAYS

28. Subjectto the terms and conditionsset forth in ExhibitB and upon approval of plans and issuanceof buildingpermitsfor the greenhouseproject describedin the adoptedMaster Plan for the Sonoma Garden Park, LANDLORDshallplace intoan escrow account at a ?nancial institutionmutuallyagreeable to the parties the amount of $6,000 to be expendedsolely forcosts necessary for the completionof construction of the greenhouseproject. The terms and conditionsof said escrow account shallbe mutually agreeable to the parties and shall provide that no disbursementof moneys shall bemade withoutwritten authorizationof the City Manager or his or her designee and except as otherwiseprovidedherein shall provide for the return to the LANDLORD of any remainingportion of its $6,000 not expendedfor completionof the greenhouseproject at the time the project is deemedcompleteby the LANDLORD,without any requirementfor authorizationby or approval of the TENANT. TENANTmay use any remainingportion of the $6,000 for completionof other improvementsthat are part of the Master Plan.

Unless extendedby action ofthe City Council, LANDLORD’sobligationto provide funding for the greenhouseproject shall tenninate in the_eventthat building permits for this projectare not issuedby January 31, 2010 and all work completed by January_3l, 2011.

29. Subject to the terms and conditions set forth in ExhibitB and upon approval of plans and issuanc_eof buildingpermitsfor the ADA compliantpathwaysproject describedin the adoptedMaster Plan for the SonomaGarden Park prior to January 31, 2010, LANDLORDshallplace into an escrow account at a ?nancial institutionmutuallyagreeable to the parties the amount of $7,161 to be expended solely for costs necessary for the completionof constructionof the ADA compliantpathwaysproject. The termsand conditions of said escrow account shall be mutually agreeable to the parties and shall provide that no disbursementof moneys shall be made withoutwritten authorizationof the City Manager or his or her designeeand except as otherwiseprovided herein shall provide for the return to the LANDLORDof any remainingportion of its $7,161 not expended for completionof the ADA compliantpathwaysproject at the time the project is deemed complete by the LANDLORD,without any requirement for authorizationby or approval of the TENANT.

TENANTmay use any remaining portion of the $7,161 for completion of other improvementsthat are part of the Master Plan.

LANDLORD’sobligationto providefunding for theADA compliantpathwaysprojectshall terminatein the event that building permits for this project are not issuedby January 31, 2010 and all work completed by January 31, 2011. ‘

30. The same escrow account that is establishedfor the greenhouseproject may, with the mutual consent of the parties, be used for the ADA compliantpathwaysproject,providedthat in no event shall LANDLORD’sfunds allocatedfor one of the projects be expended on the other project.

TERMINATION & EXPIRATION

31. LANDLORDand TENANTagree that every condition,covenant and provision of thislease is reasonable.Any breachby TENANT of a condition, covenant or provisionof thislease will constitutea material breach.For any materialbreachby TENANT, LANDLORD shall provide TENANT with a writtennotice that describesthe breachand demandsthat TENANT cure the default(if a cure is possible). If TENANT does not cure the default withinthe thirty (30) days, or if a cure is not possible,thisleasewill be terminated.Termination of thisleasefor a breachby TENANT willnot occur unlessthe foregoing events occur.

Events constituting a default by TENANT include,but are not limitedto:
a. Failureto pay rent when due
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b. Use of the premisesfor any unlawful purpose
c.
‘ Abandonmentof the premises
d. Assigningor submittingthe leasedpremiseswithout the priorwrittenconsent of

LANDLORD
e. Committingwaste on the leasedpremises
f. Maintaining,committing,or permittingthemaintenanceor commissionof a nuisance on the leasedpremises
g. Any materialfailure to keep thepremises in a sanitaryconditionor to disposeof all trash, garbage, debris,rubbish,unusedparts, unusedmaterials,abandonedequipment and animalwaste
h. Altering, improvingor maintainingthe premisesin any manner, except as provided in thislease agreement
i. Failureto perform any othermaterialprovision,covenant, or conditionof thislease

32. TENANT’s Duty to Surrender;At the expirationor earlierterminationof the term, TENANT shall surrenderto LANDLORDthe possessionof the Premises.TENANT shallremove all TENANT’sproperty and shallleave the surrenderedpremises, and any otherremainingproperty, in good condition.All property that TENANT hasused hereundershallbecomeLANDLORD’Sproperty at terminationof the Lease. If TENANT fails to surrenderthe premises at the expiration or sooner termination of this Lease, TENANTshalldefend and indemnify LANDLORDfrom all liability and expense resultingfrom the delay orfailure to surrender, including,withoutlimitation,claimsmade by any succeedingTENANTfound on or resulting?om TENANT’s failure to surrender.

33. HoldingOver: ThisLease shall terminatewithoutfurther notice atexpiration of the term. Any holding—overby TENANTa?er expirationshall not constitutea renewalor extensionor give TENANTany rights in or to the premises except as expresslyprovidedin this Lease.Notwithstandingthe foregoing,no terminationof this Lease shall release TENANTfrom any liabilityor obligationhereunder,whetherof indemnity or otherwise,resulting from any acts, omissionsorevents happeningpriorto the date of termination, or date of surrenderif it be later.

LANDLORD’SNON LIABILITY: INDEMNIFICATIONBY TENANT

34. NeitherLANDLORD nor LANDLORD’Sagents, employees,volunteers, volunteersnor officers shall be liable for any loss of any property of TENANTor of anyone else by theft or otherwise.In addition,TENANTshall indemnify, hold harmless,releaseand defendLANDLORD,its agents, of?cers and employees fromand against any andall actions,claims,damages,disabilitiesor expenses includingwitness costs and court costs that may be assertedby any person or entity, includingTENANT, arising directlyor indirectlyout of orin connectionwith:
a. Theuse of the Premisesin any manner by TENANT, its agents, employees,volunteers, invitees,licensees,contractors or others,includingany use of the Premisesnot allowed underthis Lease.
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c. Any otheractivitiesof TENANT, its agents, employees,volunteers,invitees,licensees, contractors or others,arising under this Lease. ‘
TENNANT’SNON_LIABILTY: INDEMNIFICATION BY LANDLORD

35. LANDLORD shall indemnify andhold TENANTharmless from any actions, claims,damages, disabilitiesor expensesrelated to LANDLORD’sactivitieson the leased premisesand related to LANDLORD’s operationandmaintenanceof the well adjoiningthe leasedpremises. - ATTORNEY’S FEES

36. In the event that either party hereto shall commence any legal action or proceeding, includingan action for declaratoryrelief, against the other by reason of the alleged failure of the other to performor keep any term, covenant or conditionof this leaseby him tobe performed or kept, the party prevailing in said action or proceedingshallbe entitledto recover, in addition to his court costs, a reasonableattorney’sfee to be ?xed by the court, and such recovery shall include court costs and attorneys’ fees on appeal,if any. The Court will determinewhois the “prevailingparty,” whether or not. the suit proceedsto ?nal judgment. However, if an actionis voluntarilydismissed,or dismissed pursuant to a settlementof the case, neither party will be entitledto recover its attomey’s fees. The CITY OF SONOMA speci?callywaives any right to recover treble or other punitive damagespursuant to CaliforniaCode of Civil Procedure Section 1174.

CHANGESREQUIRING CONSENT LANDLORD

37. Delegation to City Manager: There are variousprovisions of this Lease that require consent of the LANDLORD,such as, but not limitedto: (1) Nature and extent of use in paragraph 9 above;(2) Determinationof requiredsafety improvementsto the Bond Barn -inparagraph 15 above;(3) Assignmentand subletting inparagraph 16;Construction,installation,modi?cation,alteration,improvement or repair in paragraphs24 and 25. The City Manager is authorizedto give this consent.

NO WAIVER

38. Waiverby either party of a breach of any covenant of thislease agreement willnot be construed to be a continuingwaiver of any subsequentbreach. No waiverby eitherparty of a provision of thislease agreement willbe consideredto have been made unless expressed in writing and signed by all parties.

TIME OF ESSENCE

39. Timeis of the essence of each provisionof this lease agreement.

MISCELLANEOUS

40. Captions: The captionsof variousarticles andparagraphs of thisLease are for convenienceand ease of reference only and do not de?ne, limit, augment or describethe scope, content or intent of this Lease or of any part or parts of this Lease.

41. Gender: The neuter genderincludes the feminineand masculine,the masculineincludesthe feminineand neuter and the feminine includethe neuter and each includescorporation,partnershipor other legal entity whenthe context so requires.

42. Singular and Plural:The singularnumberincludesthe pluralwhereverthe context so requires. 3/6/09
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43. Merger: ThisLeaseiisintendedbothas the ?nal expressionof the agreement betweenthe parties heretowith respect to the includedterms, and as a completeandexclusivestatement of the terms of the agreement, pursuant to Code of Civil Procedure §l856. No modi?cation of this Lease shallbe effectiveunless anduntilsuchmodi?cationis evidencedby a writingsignedby bothparties.No promise,representation, warranty or covenant not includedin this Lease has been or isreliedon by eitherparty. Eachparty hasreliedon his ownexaminationof this Lease, the counsel of his own advisorsand the warranties,representationsand covenants in the Lease itself.The failure or refusal ofeitherparty to inspectthe premisesor improvements,to read the Lease or other documents,or to obtain legal or otheradvice relevantto thistransaction,constitutesa waiver of any objection,contentionor claimthatmighthavebeenbased on such reading,inspectionor advice.

44. Successors: Subject to the provisions of this Lease on assignment, each and all of the covenants and conditionsof this Lease shallbe binding on and shallinsureto the benefit of the heirs,successors, executors, administrators,assigns and personal representativesof the respectiveparties.

45. Applicable Law: This Lease shall be construedand interpretedin accordancewith the laws of the State of California except as otherwiseexpresslyprovidedherein,or as otherwiserequiredby applicablelaw fromtime to timeduring the term. -

46. Covenants andConditions: All provisionsof this Lease whether covenants or conditions,on the part of TENANT shall be deemedto by both covenants and conditionsand such covenants shallsurvive termination. ‘

47. No Discrimination:TENANT shall comply withall applicablefederal, state, and locallaws, rules and regulationsin regard to non-discriminationin employmentbecause of race, ancestry, color,sex, age, nationalorigin, religion, maritalstatus, medical condition,or disability and in regard to access to facilities, programs and servicesby persons with disabilities. '
V

SERVICE OF NOTICES

48. For the purpose of service of process andserviceof notices and demandson TENANT,the address is: V

SONOMA ECOLOGYCENTER
Attn: ExecutiveDirector
P.O. Box 1486
Eldridge, CA 95431
For the purpose of serviceof process and serviceof noticesand demands on LANDLORD,the address City Manager
City Hall
No. 1 the Plaza
Sonoma,CA 95476
3/5/09 .

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ExecutedonMggg 3_D,2009, in theCity of Sonoma, County of Sonoma, State ofCa1ifornia. _ CITY OF SONOMA:
4 ‘
‘
_ SONOMAECOLOGY CENTER:

By:

ExecutiveDirector ' Attest:

By:

City Cl k
3/6/09
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was 429449bl4|49!.=J
4923 49.9.1449 L|Cl.l«l9/\9§
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EXHIBITB
TERMS ANDCONDITIONSOF LANDLORD’SFUNDINGOF GREENHOUSE AND

ADACOMPLIANTPATHWAYS PROJECTS PURSUANT TO THE PROVISIONSOF PARAGRAPHS 28 AND29

ANDFOR CONSTRUCTIONOF OTHER CAPITALIMPROVEMENTSPURSUANTTO THE PROVISIONS OF PARAGRAPH25

1. No change to the approved plans and specifications and/or to the building permits issued for the Greenhouse or ADACompliant Pathways project shall be made withoutthe prior written approval of the.City BuildingOf?cial and no‘work on any such change shall be undertaken priorto the issuance of any Building Permit or other applicable City Permits. -
2 Construction of each of the projects willbe reviewed from time-to—timeby the LANDLORD. The City's Development Services Director or his or her designee shall serve as the LANDLORD’Srepresentative for the purposes of reviewing and verifying compliance with the terms and conditions of this agreement and the general interests of the LANDLORD. TENANTand its contractors shall comply withall construction . directives from the Development Services Director or his or her designee. The Development Services Director or his or her designee shall not direct TENANT’s contractors to make any field changes withouthaving ?rst provided TENANTor its designated representative with a reasonable opportunity to comment on the effect of the change on the design integrity and the cost of the Project.

3. TENANTand its contractors shall, at their expense, give all necessary notices and cause all work done and materials and equipment furnished pursuant to all applicable local, state and federal laws, ordinances, rules, regulations, codes and orders (hereinafter referred to collectively as "Legal Requirements"). Further, TENANTandits contractors shall observe and comply with all legal requirements in connection with the performance of the work or othenNise. TENANTand its contractorsshall take and observe all necessary measures and precautions for the safety and protection of all property and persons in connection with the performance ofthe Work.

4. Allconstruction shall be in compliance with applicable governmental codes and regulations.

5. Unless authorized by theCity Manager, all construction shall be performed by California licensed contractors.

6. TENANTshall provide or shall cause each of its contractors and subcontractors to provide general liability,automobile liability,workers’ compensation and employers‘ liabilityinsurance and shall furnish certificatesof such insurance and policy endorsements, properly endorsed, to the LANDLORDin accordance withthe requirements set forth in ExhibitD, attached hereto.
3/2/09
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7. TENANTshall furnish evidence that a labor and material payment bond and a performance bond has been obtained by the TENANTor the TENANT's contractor for allwork contracted,each in the fullamount of the cqntractsum, to remain in effect untilthe date of final completion of the project. Inlieu of obtaining a labor and material payment bond and a performance bond, the TENANTmay:
a) Pay for all work, labor and materials using its own funds; and b) Provide satisfactory proof of such payment as the LANDLORDdeems .
sufficient; and ‘
c) Applyfor reimbursementofsaid payment by LANDLORDnotless than 35 days following the recording of a Noticeof Completion for the work by the Tenant.

8. TENANTshall provide LANDLORDwith a list and copy of all contracts and subcontracts identifying contractors, their responsibility withrespect to the scope of work, the contract amount and the timing for payment obligations under the contracts.

9. No payment shall be made byTENANTto any contractor or vendor until after the payment request has been reviewed and approved by the Development Services Directorwho shall first determine ifthe work for which payment is demanded has been substantially performed according to the ‘approved plans and speci?cations and meets quality standards expected on construction of any City facility. The written approval ofthe Development Services Directorshall be a conditionof the release of funds to any contractor or vendor but shall not operate as ?nal acceptance of the work by LANDLORD.

10. Priorto release of ?nal payment by the LANDLORD,the following . conditions must have been satis?ed:
a) The work isfully completed;
b) Allobligationsof the TENANT.an_d its contractors havebeen fully performed and approved by the LANDLORD;
c) Contractors have conditionallyreleased all liens rights; d) No stop notices have been filed with the LANDLORDwith respect to the work. ‘

11. Pursuant to California Labor Code Section 1770, TENANTand its contractors shall pay not less than the prevailing wage rate. Pursuant to Labor Code Section 1773, the general prevailing rate of wages is determined by the Directorof the State Department of industrial Relations.itshall be the responsibilityof TENANTand its contractors to contact the Department of industrialRelations for General Prevailing Wage Rates on speci?cjob classifications. Futureeffective wage rates, which have been predetermined, are on filewiththe CaliforniaDepartment of IndustrialRelations.

TENANTand its contractors shall post a copy of the prevailing rates at the jobsite.

12. The TENANT, its contractors and subcontractors shall keep, or cause to be kept, an accurate payroll record pursuant to Labor Code Section 1776, showing the name, address, social security number, workclassification, straight time and overtime 3/2/09
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hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by such contractors and subcontractors in connection with the Work. Copies of such payroll record certi?ed in accordance with Labor Code Section 1776 shall be submitted to LANDLORDwhen requested. TENANT, its contractorsand subcontractors shall have sole responsibility to comply in all respects withevery requirement of Labor Code Section 1776 which is made a part hereof as though fullyset forth.

13. The TENANTand its contractors shall at all times promptly pay forall labor done or materials furnished to contractor inthe performance of the work, in default whereof the LANDLORDmay retain from payments, as they become due, such sums of money as the Development Services Directorshall deem suf?cient to pay such amount in default and before payments are made, the TENANTand its contractors shall furnish to the Development ServicesDirector satisfactory evidence, in accordance with CaliforniaCivilCode Section 3262, that no claimthen exists against said contractor for labor done ormaterials furnished under the contract documents.

14. TENANTand its contractors shall comply with all applicable federal, state and local laws, rules and regulations in regard to non-discriminationin employment because of race, color, ancestry, national origins, religion,sex, maritalstatus, age, medical condition or handicap.

15. in the event that the project is not completed to the reasonable satisfaction of LANDLORDwithinthe time frame speci?ed in this agreement or any duly‘ executed extension thereof, LANDLORDin addition to any other remedy at law or equity, may complete or remove such work withits own forces or by contract. Inthe event of such default by TENANTand LANDLORD”Ssubsequent undertaking, LANDLORDshall have no obligation to reimburse TENANTfor any partial performance of this agreement, except that LANDLORDshall reimburse TENANTforthat portion of the work which is determined by LANDLORDto be acceptable.

16. TENANTagrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release LANDLORD,its officers, agents, volunteers and employees, from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, includingTENANT, arising out of or in connection with the performance of TENANTand its contractors hereunder, whether or not there is concurrent negligence on the part of LANDLORD,but excluding liabilitydue to the sole active negligence or sole willful misconduct of LANDLORD.This indemnificationobligation isnot limitedin any way by any limitationon the amount or type of damages or compensation payable to or for Contractor or its agents under workers’ compensation acts, disability bene?t acts, or other employee benefit acts.TENANTand its contractors shall be liable to LANDLORD for any loss or damage to LANDLORD property arising from or in connection with TENANTand its contractors performance hereunder. LANDLORDmay deduct any costs and expenses incurred pursuant to this Section frompayments due or which may ‘ become due TENANT. ‘

17. To the extent that the entire budget for either project exceeds the amount of funding provided by the LANDLORD,TENANTshall deposit intothe escrow accounts described in Paragraphs 28 and 29 of the agreement whatever amount is necessary so that the amount initiallyon-hand in the escrow account is at least equal to the amount of 3 3/2/09
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the entire project budget. Priorto start of performance of any constructionworkon ‘
either the Greenhouse or ADACompliant Pathways project, TENANTshall furnish evidence satisfactory to the LANDLORDthat sufficient fundsare on hand to cover the entire project budget. The project budget shall include, but is not limitedto:
a) _ the full amount of the actual construction workto be performed b) a contingency reserve equal to 15% of the construction cost c) cost projections for all work and improvements contemplated for the project but not yet under contract for construction
d) professional fees including, but not limitedto, architecturalservices, project management services, other professional and technical consulting services
e) permit fees levied by any publicagency including City ' f) LANDLORDproject management costs (estimated at two hourslper month at $80 per hour for the duration of the project)
g)
' any costs associated withthe establishmentand administration of any escrow account described inthis agreement.
h) any other fees, charges and costs typically incurred in a project of this type.
’

18. Throughout the course of each of the funded projects, copies of all 20-day preliminary notices and stop notices shall be provided to the LANDLORD.

19. Prior to start of performance of any construction work on either the Greenhouse or ADACompliant Pathways project, TENANTshallprovide to the Development Services Director a line-itemcost breakdown witheach major work task identifiedand its associated cost ‘
A

20. Prior to start of performance of any construction work on either the Greenhouse or ADACompliant Pathways project, TENANTshall provide to the Development Services Director a construction schedule witheach major worktask ‘enumerated and contract milestonesindicated. The schedule should include most items . enumerated in the line item cost breakdown.

21. TENANThereby warrants that all workwillbe performed 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 the work by LANDLORDshall not operate as a waiver.or release.

TENANTfurther guarantees, and shall require its contractors to guarantee, the work against all defects in materialsand workmanship for a period of one year following acceptance of the work by the LANDLORDand shall replace or repair any and all‘such defective portions of the workwithinsaid one—year period at no cost or expense ~ whatsoever to the LANDLORD,ordinary wear and tear and unusual abuse or neglect excepted.
3/2/09
A
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MASTERPLAN--DRAFT JANUARY 2006 AaQop'|'6&£ 114106
Pauline Bond Property
19950 Seventh Street East
Sonoma, California 95476
A project of the
Sonoma Ecology Center
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Table of Contents
V .

1. Introduction
' 4

2. Governance 5

3. Objectives . 5
A

4. Programs 7

5. Site Plan and Features 8

6. Opportunities 16

7. Implementation
’ 18

8. Revenue and Funding 21

9. Operating and Capital Budgets (attached)

10. Appendix , ~ A. Contact lnfolsite Locationand History/Acknowledgements B. Five—yearOperational Budget
C. Capital Budget
D. Time-table for ImplementingImprovements
Tables &Illustrations:

1. Map of Sonoma Garden Park—planned elements

2. Map of Sonoma Garden Park——p|annedcirculation

3. Map of Sonoma Garden Park—-existing &proppsedutilities

4. Table 1. Programs (pg. 7) ‘
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Mission Statement
The SonomaGrden Park isoaproject ofthe Sonoma Ecology Center.

The Mission of the Sonoma Ecology Center is to...
‘
work toward a condition of sustainable
ecological health in the Sonoma Valley
through community-suppon‘ed research,
education, restoration, and preservation.

As an educational facility for the Ecology Center, the Garden supports this mission.

The Garden's mission emphasizes the commitment of the Ecology Center to honoring’ Pauline Bond's willthat it be a park.

The Mission of the Sonoma Garden Park isto...
demonstrate ecologically sound practices,
create a beautiful park,
and inspire the spirit of communitv.

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Introduction
What is the Sonoma Garden Park?
The Sonoma Garden Park (hereafter called “Garden”) is a non-pro?t, environmental education facility that operates under the direction and support of the Sonoma Ecology Center (“SEC”)and the City of Sonoma (“City").The site was given to the City of Sonoma to be a park, by its previous owner—-PaulineBond. The City leases the site to SEC, and oversees the development and maintenance of the property. For SEC, the Garden is a place to collaboratewiththe community in investigating techniques and technologies that cultivate a healthy balance between human needs and a functional, healthy ecosystem. The SEC’seducationalprograms utilizethe site to provide the community withopportunitiesto learn about localsustainable agriculture.

Deed Restrictions C
‘ . The entire 6.1 acre property was given to the City of Sonoma by Ms. Pauline Bond. The willstates that the property should be a park. At the time of Bond's death, the property included a home, peripheral structures, native oaks, an orchard, and a shallow well.

Why a Master Plan?
The Master Plan is designed to aid inthe development of a se|f—supportingproject that serves the community as a key landmark and educational resource. The Cityis an important partner in re?ning and supporting the Master Plan, and in providing baseline support to bring the site to code. Community input from stakeholders and volunteers has driven the Master Plan and willcontinue to be solicited for an active, evolving document. '
How is the Master Plan organized?
This document is organized to introducethe reader to the Garden'smission and objectives, to describe programmatic areas and corresponding activities, and to de?ne how the site's infrastructure and programs willsupport these programs and activities.

This document provides the following sections:

A review of the governance, objectives, and programs
* A discussion of infrastructureand facilities needs
Opportunities
Implementation
Milestones and Timelines
Budgets
- Appendices
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Governance
The Sonoma Garden Park property is owned by the City of Sonoma and leased to the Sonoma Ecology Center. Historically,the Garden has operated on a renewable, biannual Iease: During the Master Plan process, the‘Garden has operated with semiannual lease, in anticipation of a ten—yearlease witha ten—yearrenewal.

The SEC Board of Directorssanctions the Sonoma Garden Park Advisory Committee (AdvisoryCommittee) to provide leadership and conduct fundraising activities forthe Garden. The Advisory Committee contains at least one memberof the SEC Board of Directors in a manner similarto the Sonoma OverlookTrailTask Force. Over the last 3 years, and for theforeseeable future during the implementation of the Garden Master Plan, the Advisory Committee has hadl willhave at least 3 SEC Board members.

GardenStaff are employees of the SEC and report through the Garden Manager to the SEC Executive Director.

Objectives of the Sonoma Garden Park
The objectivesofforthe Garden are listed below:

Demonstrate ecologically sound practices in gardening, landscaping, construction, and resource use
Offer an experiential hands-on garden curriculum
Create opportunities for community-building and development Provide a park and community facility
Provide products and services that serve the educational mission and provide financial resourcesto the Garden
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EducationalElements of the ‘Garden's Curriculum
The Garden provides an opportunity to connectwith, learn about and appreciate the local environment and the naturalworldthat sustains us. Atthe core of all programs is learning about the reciprocity of relationships to the natural world and among other humans in a community. The projects and programs of the Garden create an interdisciplinarylearning environment.The list of themes below coversthe scope of educational activitiesat the Garden:

Cultivationtechniques Landscaping Techniques
Ethnobotany Nutritionand culinary arts
Farm skills ' Pest management
Decomposition Plant and animalidenti?cation
HabitatCreation Renewable resources
Harvest and Storage Soil Fertility
Water conservation
(
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Sonoma Garden Park Master Plan DRAFTSonomaEcologyCenter January 2006
Table of Pro rams and Pro'ects*
Pro ram Title
Activitiesaddress Californiastate curriculumand enhance learning withhands-on experiences in —
A a riculture.These programs are linkedto the larer Ecolo Center EducationProram.

Trail: stations. .
events: Leamin activitieswillbe inco orated at secial events.

Tours and fieldtri -5 Classes and communl -roups willbe hosted b a docent—ledrogram.

Aday-camp situated at the Garden to focus on farm skills,garden games Summer camp: and art and civicservice.

Adult Education The demonstration ardens willset the stae for much ofthe adult leamln.

Master Gardener Master gardeners willuse the garden as an outdoor classroom for workshops workshos and clinics.

Special events willbe enhancedwith classes and distribution of Garden Seminars informationand resources.

Volunteer Training Docents and volunteers educated to hel- maintain the site and programs.

Families and individualsdemonstrate and improve their gardening skills Communi Gardens withina communl of ardeners.

S eclal Events
M A collectionof books willprovide visitors and volunteers an opportunity to Libra Resources learn.

The programs include a number ofcomponents related to the propagation, cultivation, harvest, and Garden Harvest processin of edibles in the Garden. . Harvest for charitable organizations such as Meals on Wheels, Communi Harvest Farmworkers, and the Communlt Center.

Produce is sold on site on Saturday mornings and to local buyers through Harvest Market s -eclal arrangements.
communl Com ost Selected businesses comost wastes on site The nursery willbe the hub of several programs which willprovide native plants for sale and for Native Plant Nurse : restorationpro'ects, and educate vaiie residents about native habitats. *Note: The arden hours of o eration are from 7:00 am. to dusk Monda throu h Saturda and from 8:00 a.m. to dusk on Sunda s and holida s. Ni ht-time events and activities are not allowed.
.... ..

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SonomaGardenParkMaster Plan DRAFTSonomaEcologyCenter
January 2006
Site Plan and Features
infrastructuralimprovements, new facilities, and systematic maintenance of the site are all essential to support the Garden's programs and objectives. The following section describes each site feature asitis relevant to Garden objectives and programs as well as any additional informationabout the plan for that feature, orthe process by whichthe feature willbe developed. General design concepts for the site plan include:
- Energy conservation and optimizationin development and maintenance - Volunteer labor and donated materials incorporatedindesign, construction and maintenance as much as possible -‘
- Demonstrate the use of eco|ogica|ly—safematerials whenever possible - Spatial con?guration and design of buildings willbe approved by a committee of volunteers and staff, with oversight from the City
- Allfeatures willbe linked by a pedestrian trailthat is ADAapproved - One pointof entry for guests
- Location and use of social spaces compatiblewith neighborhood needs - Consistency of design withruraland farm atmosphere
i
l2,
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SonomaGardenPark MasterPlan DRAFTSonomaEcology Center
January 2006
- Continued access to (by City forces) and the allowance forthe improvement of an existing Citywell.

The followingsection outlines each Garden feature oreiement as it exists in 2005, and the proposed improvements to meet long-term objectives. Each feature is categorized as a demonstrationfeature, a facility, a utility,an element of circulation,or a family garden plot.

Facilities and functionalareas
1 Restrooms
The Garden has used a single portable toilet.Additionalportables are used for large events. Usage in near—termwillrequire installationof an ADA approved portable toilet along the access road for convenience of the users and managers: Long—termusage at the Garden requires two ADA—approvedrestrooms in a permanent structurelocated along an ADAapproved trail.
. Factors considered in restroom design willinclude the opportunity to demonstrate safe and efficient conversion of human waste, design consistency with other structures, cost of maintenance and construction, and convenience oflocation to truck service and users.

2. Office . . An of?ce with phone, internet access, and electricitywillincrease the ef?ciency ofstaff and volunteers at the Garden. Staff and volunteers spend much.of their time on the phone, workingwithdatabases and using thecomputer. A small of?ce to house these functions, willoffer more opportunities for staff to interact with drop—invisitors and to monitor activities in the Garden while accomplishing administrative tasks. The of?ce will be placed near the entrance. Of?ce space for the Garden’s needs is at least 200 - 250 sq. ft. Space willbe optimized to include a small library and/or meeting space for Garden organizers.

3. Pauline Bond Homestead and associated land
The home is leased as a private residence. This area is not addressed inthe Master Plan and is not included inthe lease. Should the current use ever change, integration of the house and surrounding structures and land into the SEC lease could provide many bene?ts. integration of some ofthe area intothe lease could potentially cut the cost of developing new facilities on the property and provide long-term aesthetic and functional improvements.

4. Small Events Picnic area
The Garden willprovide space for small events and picnics. The picnic area consists of an outdoor sink for cleaning hands, washing dishes, and accessing potable water. The area willbe developed to extend the shade structure, install more tables, install a BBQ, and to maintain the existing camp?re ring and outdoor oven. A2 —inchwater source is Agenda Item #9.1:

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Sonoma GardenPark Master Plan DRAFTSonomaEcologyCenter
January 2006
available forwetting the area before ?res and as an emergency water supply. The space willbe designed to be used by up to 100 people, seated and eating.

5. Straw-bale Barn
The straw-bale barn is currently used to store a library, tables, seeds, and miscellaneous items that need to be protected from rain.The barn is intended for use as a facility that willlargely serve the Harvest Marketfor storage of produce and drying of ?owers,seeds, and herbs. The barn is cool inthe summer and relatively warminthe winter, offering reliefto staff and volunteers working on harvest-related activities.

Improvements willinclude a new compact earth floor, windows, lighting and any other code upgrades necessary to make it?t for publicuse. -

6. Storage Sheds 8. Shelters
The Garden currently has two sheds forstorage: one is 6 x 1-0ft., the other is 8 x 10 ft., making 140 sq ft of storage. The projected need for storage is approximately 300 sq. ft. for storage of tools for cultivationand forsmall equipment. Such a shed willbe placed in the back ofthe property away from publicuse. A smaller shed of approximately 6 x 12 ft. willbe placed inthe “facilities”area near the greenhouses to store tools used by volunteers. Furthershelter (roofonly)for up to 40 x 8 sq. ft. of space is demanded by source materialsfor the native plant nursery, compost and propagation in general.

7. Native Plant Nursery and Teaching Area
A native plant nursery and teaching area is located inthe area between the “3 Oaks” and the Fig Grove. The Nursery is operated and maintained by the SEC’s Restoration Program. The Nursery willbe an important educational aspect of the Garden.

The Native Plant Nursery includes a 24‘x 40’ shade structure equipped with worktables. Planned for construction is a greenhouse of approximately 30 x 16 ft., a small shelter to house propagation materials and seeds, a materials drop-off area, and a non—shelteredarea'for container stock. .

8. Camp?re
The camp?re area is used by classes, for story-telling nights, for garden dinners and cooking inthe cob oven. The ?re pit issurrounded by a ring of sand and gravel with a ten foot radius. Citywater from a high pressure spigot is available on a post painted red, adjacent to the ?re pit. Redwood benches are placed approximately 6 ft away from the outside of the ring. Approximately 30 people can ?t into the area on a cold evening near the fire. Camp?res are prohibited during the ?re season (as defined by the Sonoma County Department of Emergency Operations).

9. Greenhouse(s)
The greenhouse facilitiesare essential for optimal productionof plants to ful?ll programmatic needs and for plant sales. Permanent structures -willreplace temporary structures made of PVC and 3 — yr, UVresistant greenhouse plastic. Currently, approximately 120 sq ft of space are available. For all site needs, and plant sales, Agenda Item #9.1:

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Sonoma GardenParkMaster Plan DRAFTSonomaEcologyCenter
January 2006
approximately 800 sq ft are needed. This may be brokeninto several smaller greenhouses or a large structure (up to 20 x 40 sq ft) willbe built.

10. Shade Structures ' . One shade structure exists inthe culinary area, aridwillbe eventually replaced withat larger trellisthat supports grape vines. Asecond shade structure willbe erected in the center of the "Crop Circle",spanning 30 ft. to support perennial and annual climbing plants. A third shade structure willbe erected in the “commons” area for the family gardens. ‘
.
‘ 11. Water features
Water features are to be considered and investigated. A small pond with appropriate engineeringwillbe incorporated into the children's discovery trail. The pond willfeature habitat creation and potentially other functions such as water catchment and reserves.

Appropriate measures would be taken to design for asafe system free of vector pests.

Utilities

1. Water:

Sources of water at the Garden
Garden has three sources for water: City, well, and rainfall. - Rainfall: ~2 acre/ftlyear - City: Municipalwater hookup: 4” main with double-flow check valve. - Well: information of usage not yet available, but determinedto be limitedto hardscapes and non-potable distributionsystems in the Garden. Capacity of well could be increased ifappropriate measures aretakento clean the well, install a storage tank, and determine the recharge rate.

To better steward water and provide a safe, user—friendlysystem, the Garden needs the following:
’
identi?cation ofthe most ef?cient and proper use of the well and city water Recon?guration of irrigation system
Use of timing mechanisms
Monitoring of water usage so that it can be evaluated and properly managed Clear designation of potable vs. non—potable
Usage of citywater vs. wellwater:

Usage of Citywater at the Garden has re?ected inconsistency from year to year:
1999: 45,000/mos; 2000: 12,600/mos; 2001: 12,500Imos; 2002: 21,800/mos; 2003:
41 ,000/mos. Higher rates in 1999 and 2003 represent serious leaks and dependence on

O O O I I
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Citywater because of inef?ciencies ofthe current system. In2004, the Garden has used citywater for 100% of water demand, equaling approximately 250,000 gallons per month in the summer. Certain areas have not been watered in order to save money and water. As the site isdeveloped the demand for City waterwilllikelyincrease, but the proportionof citywater used to wellwater willdecrease. Itis our best estimatewith available informationthat the Garden willrequire on average approximately 200,000 gallons ofCitywater per month in the summer and fall, and 100,000 inthe spring. Itis necessary that the Garden's water needs and usage be assessed and monitored to collect allthe informationrequired for renovation and determinationof appropriate water usage.

The localwell can currently produce 12 gallons/minute and willprovide water for ’ approximately 5 hours during the peak of heat in the summer, providing approximately 70,000 gallons per month.

Renovation Measures:

The irrigationsystem willbe reconfigured to be automated and adequate. Not onlywill this facilitate better management, butitwillfree up valuable staff timecurrentlyspent on watering, and willcreate a user—friendlysystem for volunteers. ' Renovation ofthe system is also important for publichealth. Water sources are marked clearly and with universal signals as potable or non-potable. Allhose spigots and spouts used in the Garden are connected to the main City Water supply and are not linkedto the well.

The shallow wellwillonly distribute water to non-edibles(withgexceptionofsome herbs) through drip, and to the orchard with micro-sprayers. Well water willbe distributedwitha lowspray inthe orchard for clover cover crop and better coverage. All manures and fertilizerswillbe stored at an appropriate distance from the well.Annual maintenance may include ?ash treatment, ‘analysisfor chloroform, and cleaning as needed. To increase capacity and use ofthe well, a storage tank willkeep 2000 gallons of reserve for fire, and a reserve for recharging the well ifneeded.

Water Conservation and educational outreach:

Demonstration of appropriate water usage and management willbe the ultimate objective of water infrastructuralimprovements at the Garden. 'As a Public Facility’,the Garden presents a great opportunity to the Cityto demonstrate water conservation to City residents. Water conservation willbe demonstrated through a variety of measures including xeriscape landscaping, native plant landscapes, production of crops withlower water demands, and agricultural techniques that conserve water. The garden may also serve as a demonstrationsite for recycled water. Overall awareness of the water cycle willalso be integrated into this educational objective. Visual materials at the Garden will demonstrate: «
- General concept of water cycle using the Garden as an example, the modelwill include the criteria used to identifygoals for usage at the garden Agenda Item #9.1:

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- The Garden in the context of the Valley's watershed including inputs of water (land form, rainfallmap, recharge areas map, soils map, geology map) as well as the natural (fixed ) and human and natural outputs of water.

Renovation of the Garden’s water infrastructure and thedevelopment of a strong water conservation educationalcomponent willrequire support. The Garden willespecially look to the City's xeriscape program and the County Water Agency for collaboration.

4. Electricity:

A
» -
’
. Due to restrictions from using electricity already on site, and the need for distributionof energy throughout the Garden, the Garden requires an independent electrical system.

Howthe Garden willgenerate energy: , Energy needs willbe satis?ed withsolar technologies. The Garden willbeganenergy- " generator. Facilities’roofs willbe installedwithsolar panels.

What the Garden willdo withsurplus energy:

Excess energy willbe ‘'sold’’back to theenergy company,potentiallyas credits forthe City of Sonoma, ifthe City itwillingat some pointto investigate this option. Possibilities for rebates, credits, and other benefits of solar technologies are being investigated.

Circulation
Circulationelements at the Garden include transportation to and from the Garden, parking, trails, interpretive signs and information, ADA access, and spaces for gathering. The circulationhas been designed to minimizevehicle use, to create a single, clear entrance, to unite all Garden features, and to provide.space for movement of materials on site. «

1. Entrance and Trails
The Garden willbe served with a vehicle entrance and a main pedestrian entrance that linkthe visitor to a single Garden entrance and point of check-in near the of?ce. A utility/?re dirt road circulates through the Garden and services all the main activity areas.

A crushed rock, ADAaccessible trailfour-?vefeet wide with interpretive signs will unite each Garden feature and be serviced with small meeting areas for groups to pause and gather. Permanent trails willbe laid with materials that ensure low maintenance, cost, and high accessibility to all garden features. Allother trails willbe laid with wood chips and subject to change as Garden needs dictate. ‘

2. Public Transportation
In order for the Garden to be linked to the City as a community resource and key landmark, itwillbe necessary to develop appropriate signage and transportation.f_rom the center of town. Currently, the Sonoma County Transit route 32 stops a half-mile Agenda Item #9.1:

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from the Garden at 5"‘and MacArthurstreets. This routecrosses 7"‘St. East and could potentiallyservice the Garden by offering passengers a stop on 7"‘St. East and eventually bring service to the Garden itself.
3- ADA and accessibility .
. It is a priorityto make the Garden accessible to everyone. An ADApath willbe constructedto circulatethrough key Garden features so that individualsin wheelchairs canparticipate in Garden events.ADAaccess will.beimplemented in new structures such as bathrooms, offices, and classrooms. ADAparking is discussed below.

The SEC willalso strive to make the Garden accessible to people withdisabilities of sight and hearing, as well as to encourage appreciation and re?nement of these abilities inpeople who have them.

Last, the SEC willstrive to make the Garden culturally accessible, withbilingual signs and docents.

4. Children’s Discovery Trail and Self-Guided Tour _ _
. A self-guided tour of garden features willincrease the Garden’s capacity to educate the community. The Garden’s educational elements willbe incorporated into activity stations along the trail. (E.g. A honeybee station; a bird identi?cation station;-a butter?y station; a water conservation station). A map of the Garden witha key willbe available near the entrance of the Garden in conjunction withan informationalkiosk.An improved A
informationalkioskwillorient newcomersto Garden policies, features, and programs.

5. Vehicular Access: Parking
Accommodations for parking need to balance the needs of all interests. A parking plan must consider neighborhood concerns, capacity of off-site parking. projected magnitude and frequency of usage on site, efforts to encourage alternatives tothe vehicle, and site-plans and natural elements of the Garden.

A Parking for events or visits to the garden has occurredon 7"‘St. East. For the largest event in2004, itisestimatedthat approximately 60 vehicles were parked in the neighborhood for the Garden. A neighbor has graciously provided parking for approximately 30 vehicles on,‘his?eld. For future events, parking management willbe explored. One idea is to charge per vehicle at events, to encourage carpooling and use of alternative transportation.

Parking Issues and needs ~ Since the Garden is located in a low-density residential area, frequent parking on the street may con?ict withneighborhood protocol. Modificationof the site on the west portion of the property for parking is limited by established trees, roads, and site plans.

Modi?cationof the east portion of the property is easier, yet access to parking would create traf?c through the Garden, unless access from Denmark or Eighth streets was granted by a neighboring property owner. On-site parking accommodations are made for drop-offand pick-up, emergency, for handicap parking or to store an officialGarden utilityvehicle. Drop-offand pick-up stations are important for Harvest Market(in front of the barn), forthe compost project, for drop-off of materials for construction, and forsetup of activitiessuch as the Harvest Festival.

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Proiecteddemand
in the future, larger crowds willbe attending events at the Garden. Even with attempts‘ to encourage bicycle and pedestrian transportation, it is possible that over 60 ~ vehicles willbe parked twicea year; 40 vehicles willbe parked several times each year; approximately 15 vehicles willbe parked four times a month; approximately 10 vehicles a few times a week; and 3 vehicles at any given hour on a regular basis daily.

Options for parking , The Ecology Center has explored options for increased parking capacity. The site plan shows 21 spaces accommodated inthe western portionof the property.

Over?ow parking is accommodated on the Honey property north ofthe Garden (up to 30 spaces), and in the south-eastern section of the Garden (undeveloped——can accommodate 100 vehicles in the dry season when large events occur).

Design Re?nements ’ . . The ?nal design of the parking area shall provide for an increased setback from Seventh Street east of ?ve feet. In addition, school bus parking and circulation shall be addressed. Nine additional over?ow parking spaces shall be accommodated in the site plan.

6. Bicycles
Visitors willbe encouraged to arrive to the Garden on a bicycle. Seventh St. East is a popular route for bicyclists and bicycle tours. Denmarkcould be a main bicycle route in the future.The Garden willactively encourage use of bicycles withthe installment of bike racks, bicycle valet parking at large special events, and bynetworking with local bicycle tour guides and shops. The Garden willbe promoting’arrival on bicycle for large events. in 2004 for example, valet parking for bikes willbe provided as a courtesy for the Harvest Festival.

7. Tours:

The Garden willprovide regularly scheduled Garden tours to the public on weekends and during special events. Tours willrange from overviews of Garden projects, to specializedtours that focus on a certain topic. Paths willbe kept wide and be serviced withmeeting areas for large group tours. Meeting areas willbe located at the entrance near the office under the shade of trees, in picnic area, in the center of the crop circle, in the family gardens, in front of the nursery, under the ?g trees, and on the east side of thebarn.

Safety & Liability
The Garden is an opportunity ripe for scratches, boo-boos, and injuries, since visitors are working and playing in a natural environment. individuals participating in classes, as well as volunteers are asked to sign a liabilitywaiver and disclose any relevant allergies (especially to bees). The SEC maintainsa 1 milliondollar general liabilitypolicy that names the City of Sonoma as "additionally insured."
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1. First Aid
A large ?rst aid kitis available inthe Straw-Bale Barn. To discourage use when the Garden is closed, the gate is locked and a sign lists Garden hours. Docentswillbe trained to host visitorsat the Garden, and public access willbe limitedby volunteer capacity. Events that extend into the evening willbe supervised by Garden staff and volunteers

2. Fire
Fire hazard reduction willinclude landscape design that demonstrates defensible public space (?rebreaks, roads, particular plants), appropriate water storage, and approved road accessfor engines. Fire sprinklers or ?re detection/suppression systems willbe incorporated into new construction as appropriate. . Annual maintenance for ?re hazard reduction willdepend on the success of the hardscape in providing a ?re break. Cultivationmay be employed for one year only.

Grazing may be employed for high grass mowing, with mowing as a back-up plan after nesting seasonis ?nished and the ?elds are dry enough forthe mowerin-late June.

Campfires, which shall occur only outside of the designated ?re season, willbe attended by staff and volunteers who are informed ofsafety protocol. The Fire Department is noti?ed before ?res are litand the area is soaked withwater to suppress any sparks. Water sources have been made available near the ?re zone. A Fire extinguisher willalso be installed near ?re pit.

Larger capital improvements to accommodate emergency vehicles in case of ?re willincludewater storage and/or a ?re hydrant, an identi?able, improved road through the length of the property that willsupport a ?re engine under all weather conditions, and turn—aroundspace for ?re engines.

Publiceducation regarding ?re hazard reduction willbe considered and possibly integrated intothe xeriscape and native plant projects.

3. Water: Potable and non-potable water sources willbe marked.A secured cover will be constructed for the well.

Opportunities for the Garden
Anyone who comes to a Garden event or to just visit, is struck by the opportunities of the site. The opportunities for the Garden to become a key landmark and center for ‘ education and recreation are clear. A number of constraints and challenges must be addressed properly in order to take advantage of these opportunities. a. Ecotourism.

The Garden is well-placed to bene?t from Sonoma Valley’s growing reputation as a premier destinationfor eco—trave|. its physicallocationis near the Plaza and is easy for visitorsto ?nd. Garden programs and events can be designed to be of interest to visitors as well as locals, creating income for the Garden as well as providing a compelling new reason for ecotourists to visitthe Valley. The Garden is also along the route of many Agenda Item #9.1:

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popular bicycle tours. Through the Garden is a member of the Visitors Bureau (via the SEC membership), which entitles Garden programs and events to be publicized on the Visitors Bureau website as well as at both VisitorCenters. b. Partnership with Valley Businesses.

H The Garden has an established relationship withthe restaurant community through our restaurant compost program, and plans are in progress for a program that willproduce locally grown, organic food for sale to local restaurants. Partnering withlocal business, especially around Garden events and programs that can be cross—promoted,can generate funding and in-kinddonations as well as opportunities to engage with others about the issues ofsustainability that concern everyone who lives and works in Sonoma Valley. Potentialpartners include businesses in the agriculture, tourism, wineries, restaurants, and hospitality industries, to name just a few. c. Youth.

In 2004 alone, the Garden was used by more than 45 studentseach month, comprising over 300 hours of service to Valley students in 2003 and over 200 hours of service in 2004. The demand for outdoor, garden-based education is more than current staff and volunteers can satisfy. A numberof schools inthe Valley actually have created on—site gardens for the classes. Many of these programs are parent-supported and seek resources for improving the sites and the availability of the gardens to the students. The . Garden has the opportunity to become a resource to school gardens inthe Valley by offering training for parents and teachers interested in bringing students to the garden, or gardening with students at home, as wellto provide experts who can travel to classrooms and school gardens to train young gardeners
d. Valley Organizations.

Local nonpro?ts benefit from the Garden as a source of food, beauty, volunteer opportunities, meeting space, and more. For example, the Garden provides produce for Sonoma Community Center events in exchange forfree use of the Center's licensed commercial kitchenfor Gardenevents such as the Harvest Festival. The Garden is investigating and expanding relationships with the Sonoma Valley Mothers Club, Girl/BoyScouts, the Center for Bereaved Children, The Mentor Center, YFSlCommunity Service, Vintage House, FISH, Meals on Wheels, La Luz, and 4H. Future relationships could include agricultural festivals such as the»Harvest Wine Auction and Sonoma Valley Olive Festival.
e. Valley Heritage and Preservation.

Those who live in and visitSonoma love its natural beauty and the agricultural and epicurean economy. The Garden presents an opportunity to’not only preserve land in the Valley, but also to preserve the lifestyle and practices associated to rural life.The Garden’s objective to develop natural habitats, use site-appropriate planning, and grow native plants also presents an opportunity to demonstrate valuable elements of our Valley's natural and cultural heritage
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f. Funding Opportunities.

The Garden willserve the entire community as wellasspeci?c groups. Garden programs willaddress signi?cant social and environmental needs. Because of the many bene?ts the Garden brings to the community, there is strong potentialfor grant funding as well as substantial donations community groups and members. Withcreativity and strategic planning, there are also many ways forthe Garden to generate funding through sale of produce, plants, and services.
h. Social Capital
The community of Sonoma is one that is lucky to have a concentrationof wealth, knowledge, and resources. Nearby to the Garden are garden clubs, master gardeners, and universities. The diversity of professions, experience and wealth offers the Garden a broad pool of expertise and resources to draw from.

Implementation
Qualified and dedicated staff, a broad base of volunteers, and stable revenue sources are all essential to the long—termsustainability of the Garden's site and programs. It is also a prioritythat the Garden is linked to other partner organizations to increase effectiveness and scope of programs and that development of Garden programs is linked to the needs ofthe community. To ensure appropriate coordination,the SEC and the Citywilldevelop a protocol forthe review of proposed improvements consistent with the Master Plan.

Milestones and Development Priorities
Upto $500,000 willbe raised to fund capital improvements over a ?ve—yearperiod.

Anticipated donations and volunteer expertise support this estimate. Some facilities are less important in the near—termthan others. Priorityfordevelopment takes in the followingcriteria: — Does this project compliment the Garden objectives? Doesthis project address a safety issue? v Willthis project increaseaccessibility? Willthis project generate revenue or support self-sufficiency? is there community support, or funding that is on hold? How long willthe funding be earmarked?
Development of facilities is contingent on fundraising, availability of resources, and management capacity of staff and volunteers. First and foremost, the SECmust attract enough seed funding to support the staff necessary for facilitating development. Our focus willbe to raise funds using community resources as well as the resources Agenda Item #9.1:

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- Design and speci?cations of prioritystructures: ADAroute, parking, roads, restrooms, and utilities . - Temporary structures to meet usage needs (restroom, greenhouse, parking arrangements, of?ce, sheds) ‘ Resolve parking needs and corollary circulation needs Utilitiesphased in to meet growing use . Restroom to meet demand as programs grow Greenhouse to meet targets
Educational programs implemented
Multi-usefacility designed to meet all facility needs
The implementation of improvements shall be completed in accordance withthe timetable set forth inAppendix D. '_ ‘
Organizational Structure
0 O I O I I
The long-term success of Garden programs requires an effective SEC organizational structure and quali?ed personnel; Each of the following personnel categories plays and important role in the Garden: SEC_staff, SEC Garden Advisory Board Committee, Garden Committees, Garden Members, general volunteer groups,,and the public at large.

Current and Future Staff Positions
Garden staff are employees of the Sonoma Ecology Center. There are currently three part-time positions at the Garden: Garden Manager (10 hrs), Volunteer Coordinator (10 hours), and Gardener (10 hrs). Staff energy is directed and prioritizedfor greatest productivitytowards Garden objectives with limited resources available. Other SEC staff support program development at the Garden: The SEC education program willdevelop k — 12 programs, the SEC restoration program is developing the native plant nursery, the Garden Advisory Committee willbe responsible for meeting fundraising goals for development of the site and programs. Additionally, the SEC has a core administrative staff including accounting, a volunteer and intern coordinator, and an lT specialist, all whom support staff and projects associated to the Garden.

Future staff positions willbe more specialized and re?ned as organizational capacity expands. With suf?cient funding the following full-timeand part-time positions willbe developed:
- Garden Programs Manager (10 - 40 hrs)
- Garden Volunteers and Outreach Coordinator (10 — 30 hrs) - Garden Property Manager (20 — 30 hrs)
- Gardener(s) (production and maintenance) (35 hrs)
Each of these paid positions are to take on a managerial role in coordinating the work of staff, volunteers and students in these areas. Allstaffpositions combined is equivalent to 3 positions at full—timeequivalency.

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SEC and the Garden
. The Garden is one project ofthe Sonoma EcologyCenter. The GardenManager reports to the Director of the Ecology Center. The Garden Manager also maintains a working relationship withthe SEC Outreach Director,withSEC Administrator, and on special projects withthe Restoration, Education, and HistoricalEcology programs of the SEC.

Garden Advisogj Committee
The Garden Advisory Committeeis an advisory team of SEC board members, volunteers, staff, and af?liateswho are invitedto bring insight, expertise, and skillsinto the development of the Garden site and programs. The Council began meeting in January 2005. (Previously, this role had been ful?lledby a group’of volunteers called the "Garden Council,” that formed in Fall 2003.) The Council meets monthly to consider topics brought to the table by the Garden Manager and Committees. The Council makes decisions on Garden policies, and anything that relates to the objectives and programs. The Councilalso requests informationand actions fromcommittees.

Garden Committees . The Garden projects are split into committee areas for collaborationand optimization of resources, and are designed in particular for the development stages ofthe Garden.

There are six committee areas; Facilities; Garden Operations; Volunteers and Outreach; Native Plants and Habitats; Development; and K — 12 Education. Committees work on projects in these thematic areas, report to the Garden Advisory Committee and the Garden Manager. The Garden Manager maintains a close working relationship with Committee Chairs. Committees are made up of volunteers andadvisors that collaborate for particular projects. Speci?c collaborations are formedwith advisorsand partner organizations through networksand withactive recruitmentof the Garden Manager and Volunteer Coordinator. Terms of commitment are negotiated and vary depending on the committee. T Garden Members
Members join the Garden to support the mission and become linked into Garden news and communications. Members receive discounts and a promotional item proportional to their contribution. Garden ‘memberswillbe given opportunities-togive inputinto Garden"programs such as whichsubjects are desirable for workshops, which movies to play at movie night, and otherpreferential matters.

Volunteers
The Garden willbuilda volunteer program to assist in the retention and the optimization of volunteer energies. The Garden currently recruits three types of volunteers: General volunteers who are recruited by public announcements, email, word—of—mouth, or by happening to be at the Garden when help is needed; Community Groups such as the Key Club, philanthropiccorporate groups, and others who come for a defined period of time; and community service from the County and from Youth and Family Services in Sonoma. The volunteer program at the Garden willexpand this volunteer base, design Agenda Item #9.1:

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volunteer positions, develop materials to effectively manage the volunteer base, and develop a system to thank and retain these valuable volunteers. Docent training will become an important part of the volunteer program, withthe creation of the school garden docent network.

Revenue and Funding
This section describes the activities and features that willsustain the Garden. A speci?c budget is shown inthe following section. The Garden Counciland staff have worked in 2004 and 2005 to identifypotential income-generating activities and set ?nancial goals that support the Garden’s activities and objectives. The activitiesare categorized below as direct income, donation (cash), donations (in-kind), or grants. v Means for creating income should be:
- Aligned to the overall mission and goals of the Garden - Self—supportingand targeted to capital improvements or staff wages Direct income:

Direct income willbe generated from food sales, fees for use and education, events, fundraisers, and family gardening plots. it is projected that at fullmaturity, these services, events and products willbring approximately $18,000 - $40,000 annually, growing each year.

1. Fee forservice: ,
g The Garden provides educational and recreational services to the public. To host events, the Garden must maintain the site adequately, provide appropriate facilities, and dedicate staff and volunteer time to hospitality, supervision, set-up and clean-up. a. Adult Education: Inthe case of Garden—sponsored workshops, the publicwillbe charged at a price set after negotiation with instructors and assessment of the materials cost. A base fee of $20/person with50% discountsfor volunteers willcover costs of coordination and basic materials witha conservative expectation that at least ten people attend. (Over twelve people usually attend workshops) ' b. Classroom Visits: K — 12 classrooms and after—schoolyouth groups willalso be charged on a sliding scale depending on the abilityofthe educational institutionto pay.

A suggested fee of $ 3/childand $30lhr would cover the most basic costs of making the Gardenavailable for these purposes.
c. Private Usage: The cost and potential revenue of hosting events such as private parties willbe investigated. Itis projected that usage fees willbe more appropriate as the facilities become more sophisticated and developed.

2. Special events and fundraisers:

Special events successfully raise money, raise awareness of Garden programs, and serve the community with an entertaining and/or educational activity. Each of the following events is designed to pay for itself and raise money for the Garden. These are Agenda Item #9.1:

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events inwhichGarden volunteersand staff are experienced in conducting and expect to conducton a regular basis.
li._
a. Harvest Festival: Harvest Festival is celebrated every year on the 2"“Saturday of October. Atthe Harvest Festivalchildrencan enjoy activitiessuchas pickingand carving pumpkins, getting theirface painted, exploring the straw-bale fort, and bobbing for apples. The families and children are entertained by volunteer entertainers such as puppeteers and musicians. Tours and classes take place throughout the afternoon. The evening's dinner featuresingredients harvested fromthe Garden and is completed with a camp?re and an invited guest such as a poet or storyteller. The Harvest Festival is a participatory event that 'relies on the generosity and creativity of volunteers, and it is a time to celebrate with all the gifts of the Garden. Approximately 200 people attended in 2003, a number expected to increase as the event becomes more popular.Additional parking, sanitary facilities,and other appropriate measures willbe arranged as this happens. ~ b. Spring Event: in Spring, an event willbe made of a Plant Sale combined with the ?rst Harvest Market of the year. This event “opens the season” and is an opportunity to start theseason offwith a number of attractive events and to notify visitors of upcoming events throughout the summer and fall.

0. HeirloomCelebration: This is potentially the biggest fundraiser for the Garden and ties directly into an important objective to provide education about heirloomvarieties and genetic preservation. The production of Heirloomvarieties is an activity that also attracts grant funding. To raise money, tickets willbe sold for a variety of plates cooked by a number of local chefs using Heirloomproduce fromthe ‘Garden.The Garden will not be prepared to host this event untilAugust 2006 at the earliest.’

3. The Community Gardens:

The Community Gardens are an opportunity for community members to bring individual expression to the Garden, garden in an educational and social atmosphere, and contribute revenue to the Garden. Garden plots are 100 sq ft. and serviced by City water. Each plot costs $150 per year for 100 sq. ft. and $300 per year for 300 sq. ft.The Garden has approximately4,000 sq. it. set aside for garden plots. including pathways.

We can project that at current usage, the Garden Plots willgenerate between $5,000 and $8,500 I yr, withsome of this money being set aside for improvements to the Community Garden area. Water and staff coordination willalso be paid out of the revenue.

4. Market Crop:

Food sales are intended to defray some of the cost ofstaff time for site management over the next few years. The Garden's area available for growing vegetables is up to an acre; another is devoted to fruit, another half acre to herbs and ?owers. a. Saturday Harvest Market
Harvest Market has occurred every Saturday morning from 9 — noon, inthe cool shade of the Straw-bale barn. Garden customers select from the morning's unique harvest and i
i
iIEE
i
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often take the opportunity to spend some time inthe Garden. Market runs from the ?rst Saturday in May until mid-October. The marketis one way to reach out to members of the community and expose them to what the Garden offers. The steady stream of customers brings a gravitationalsocial energy to the site.

Revenue from the market couldideallysupportthe marketand the cost of production. Additionalprofit could be added to the general fund. Based on experience in our marketpilot in summer 2004, an average customer spends $10 on produce. To support the labor of a vegetable gardener and a market coordinatorfor the market season, the market would need to generate approximately $500Iweek. Basedon the experience of other small farm markets, we believe this is an attainable goal after a couple years along with income generated from invitingother vendors. We willnot develop this project further untilother program elements are in place. b. Restaurants and Other Venues
The Garden willexplore direct marketing relationships with local vendors. Produce at the Garden could be sold to local restaurants who support organic, local produce.

Restaurants featuring Garden produce willbe encouraged to inform customers ofthe < Garden. The Garden is exploring various marketing partnershipsto make such a program mutually bene?cial to the restaurant and to the Garden. c. Flowers and Herbs ' Flowers and herbs are potentiallythe most valuable use of land at the Garden. Flower bouquets can be sold at the Market and to Restaurants and other ‘shops. Flower bouquets are an opportunity for outreach as well,for venues that host a bouquet in turn for making informationabout the Garden available. The grower willwork to grow varieties that willsell for a high value, and develop business relationships with vendors.

Donations (In-kind)
Many of the contributionsto the Garden are in-kind,infact, in 2004 over 4000 hours of volunteer labor and thousands of dollars of donated materials were brought to the Garden. |n—kind contributions are sought via the wish listwhich is published in the "Seed|ing” newsletter and posted on the Garden website. Donors are provided a Tax ID _ for their donation as well as recognition in the newsletter and other communications.

1. Professional services rendered
Professional services rendered include but are not limitedto consulting in PR, . consulting, construction, system design, and landscaping.

2. Reciprocal » The Garden seeks reciprocal exchanges of services. The Community Center participates in one such exchange: Produce from the Garden is provided for the Center's Holidaydinners and the Center of the Universe Café inexchange for use of the kitchen for various Garden events; Other possibilitiesfor exchange exist with school groups and community groups who sponsor a Garden bed in order to enjoy the free use of the Garden for their meetings and gatherings.

3. Donations of property or equipment
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Donations of property and equipmentare key to funding initialcapital costs for infrastructurethat willsupport educational programs and overalloperation of the Garden. Grants and revenue—generatingactivitieswillsupport the ongoing use of this infrastructure.

4. Volunteer time .. Volunteers can be highlyproductive and valuable. While it is a high cost to properly coordinate, recruit,and reward volunteers, the pay-offs can be end-products that community members are proud of and motivated to return care for and support.

Donations (Cash):

Donations in cash willby solicited at events and through outreach materials such as brochures, newsletters, and ?yers. Cash donationscomelargely through networking with local community members and increasing Garden membership.

1. Membership:

The Garden willoffer a value-added membership program (discounts on class fees and public use fees, and canvass tote bag). Garden memberships willbe granted through membership to the SEC. Contact withmembers willbe established and maintained through newsletters, emails and invitationsto events.Solicitationfor new members will be ongoing, and expected to increase proportionally as the site becomes developed and programsmature. Expected earnings from membership willeventually reach $3000 to $6000 per year.

2. Private Donations:

The SEC willsolicitsupport from individuals,foundations, families, andbusinesses, as well as through special events through its development committee of the Garden AdvisoryCommittee.

Grants: , . Witha primary focus as an educational facility, grants are expected to make up at a large portion of the Garden budget after the firstfew years (20-40%). As programs and revenue-generating activities develop, it is expected that grants willbe sought especially» to support educational activities and continued evolution and development.

Grants willespecially be sought for the support of capltalexpenses and educational facilities,for staff stipends to conduct educational activities, for the demonstrations of xeriscape, butterfly, and heirloom gardens, and for the creation and maintenance of a native nursery and habitat area. Local and national funders willbe solicited.An projected average of $60,000 per year could be raised through grants.

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Evaluation
The SEC willevaluate progress of programs and development through documentation of various indicators. Volunteer hours and tasks willbe monitored. Staff willdevelop and re?ne management plans. Attendance at events willbe tracked. Sold and donated produce willbe monitored. Water usage willbe tracked. Documentationof activities and developments through notes, databases and photos willbe used for evaluation of the Garden's progress in relation to objectives. The Garden Advisory Committee willbe instrumental in using this informationin revisiting strategies, re?ning, and redirecting strategies.

Community input willalso be solicited when possible to ensure thathe Garden is reaching an optimally large and receptive public. The Garden staff willtake initiative in keeping the neighborhood appraised of activitiesand encouraging positive dialogs.

The‘Garden Manager's responsibility alsoincludes communication with the City and community organizations, who willbe invited to provide input into Garden activities when appropriate. The City willbe appraised of activities at the Garden through quarterly reports in periods where Citygrants are used, and in an annual report otherwise. A yearly meeting withthe Sonoma City Council couldbe _avaluable opportunityfor feedback, reporting, and strengthening the longstanding partnership between the Garden and the City. '
- 1 Year Plan
Objectives, Tasks and Budget
In Year 2006, the Garden willaccomplish project tasks in which there are volunteer energies and funding available. The Garden Manager and development committee of the Garden Advisory Committee willworkto procure funding for projects that will generate revenue or contribute to the infrastructure needed for revenue generation in the Garden. Energy willbe spent strategically to develop infrastructure and programs that will?rst generate revenue and stabilityfor staff wages. Then more energy willbe directed towards program development for services and education. A In Year 2006, the Garden Manager and Garden Advisory Committee willprimarilyfocus on building a detailed management plan, a strong volunteer base, securing funding for development, and working withCouncilmembers and committees to manage projects that have sufficient funding and volunteer support. Outreach, fundraising and some development willbe the priority.Staff Gardeners willfocus primarilyon production plans that meet the year’s market, educational, and event needs, and in cultivation of these plans. The 2005 year willbe spent largely improving current plant beds, cultivation schedules, and preparing the trees for a productive and healthy year in 2006, while staff simultaneously focus onfundraising for expansion.

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January 2006
GardenCommitteemembers and volunteers willwork primarilyon a number of projects that have been selected by the Council as prioritiesfor 2006. These mainly include the development of key infrastructureto make the Garden an accessible, safe, and comfortable public facility, initiationof an educational committee, as well as projects and programs that generate revenue.

Five¥YearBudget and Future Garden Development
Over the next ?ve years, the Garden intends to complete many ofthe major improvements to its physical infrastructure. The attached budget shows anticipated activities. Inareaswhere likelysources funding have not been determined but infrastructure needs are expected, a place inthe budget has been shown, but the expense and accompanying revenue lines are blank. 1
In followingyears, various key factors willdetermine the cost andspeed by which the Garden is built out. two principal alternative scenarios exist: in the ?rst scenario, the homestead facility remains residential and the Garden develops accordingly with additional structures. Inthe other scenario, the Garden develops temporary structures to fulfillprogram needs untilthe homestead becomes available.

Based on the firstscenario, to complete all physical infrastructure for all objectives by 2014, initialestimates indicate that the Garden willneed to raise an additional $500,000, mostly for materials. Other construction costs willlikelybe substantially reduced through volunteer labor and donations. In the second scenario, using the Pauline Bond 1 homestead, cos s for infrastructure could be reduced depending on the condition of the home. Assumin these costs, andongoing support for infrastructure, programs, and program develo merit,the tive—yearbudget total is estimated to be on the order of $1,000,000.

Appendix A

1.Contact
The Garden is locatedon 7”‘St. East between MacArthurand Denmark Streets. For questions regarding the master plan, contact the Garden Manager:

Mollyanne Meyn
707.695.2164
seo—moll3@[email protected]
or, the ExecutiveDirectorof the Sonoma Ecology Center:

Richard Dale
707.996.0712 ext 106
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Sonoma Garden ParkMaster PlanDRAFTSonomaEcology Center
January 2006
[email protected]

2. Site Location & History
The Garden is located in the southeastern part of the Sonoma Valley, in Sonoma County, California. Sonoma County lies north of the San Francisco Bay Area, and is known for its diverse and abundantagricultural production. The Sonoma Valley lies in the southeasternportion of the County, and itswatershed drains into the San Pablo Bay section ofthe San Francisco Bay. The Garden comprises approximately six acres of land that liesjust east of the town of Sonoma, at 19990 Seventh Street East, north of Denmark Street, and south of East MacArthur Street. .

The surrounding area once contained large farm and ranch properties, but is slowly developing to support large estates with vineyards, and suburban style homes. The Garden is zoned as a Public Facilityand is surrounded by a rural neighborhood zoned for low—densityresidential. The Garden is located in an opportune area for preservation of Sonoma Valley's rural heritage. The Garden represents part oftheSonoma Valley landscape which is appropriate for human activity and interaction with the land.

The Garden's location in relation to the watershedprovides historically richsoils and a high water table. Please refer to the map on page 6 of the Garden's location within the Sonoma Valley Watershed. ‘
Program History of the Pauline Bond Property, 1977 to present 1977 — 1993 ~ The estate of Pauline Bond donated the six-acre Bond property to the City of Sonoma‘ in 1977 for the purposeof creating and maintaining a park. The farmland lay unused for years, as the City contemplated various uses. In 1993, the City of Sonoma responded to community interest for a demonstration farmand garden and leased the farmland portion of the property to the Sonoma Ecology Center.
1993 —- Present
The Pauline Bond Community Farmvwas established by members of the Sonoma Valley community, who joined together with a vision for creating an opportunity for Valley visitors and residents to experience local organic foods and to cultivate an awareness of the processes of small-scale food production. Since 1993, the Garden has had a continual base of community support and interest, and has undergone three different organizational structures. The original vision has been re?ned and restructured, yet has not been lost:
1993 -— 1996
For the first three years, the Community Farmoperated as a communityAgenda Item #9.1:

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Sonoma GardenParkMaster Plan DRAFTSonomaEcologyCenter
January 2006
supported agriculture (CSA)farm, providing organic vegetables to local A subscribers.
1996 — 2001 . The Garden lacked resourcesfor staff and all activities were based on volunteer initiative.in 1997, the mission and vision statements for the Sonoma Garden Park were developed to refocus and guide community energy in the use of the site. The first permitted straw bale structure inthe Sonoma Valley was completed on the site in 1996 as an “appropriate technology” demonstration project, to provide storage for the garden’s tools and books. irrigation lines (mostly for drip systems) were installed throughout the property, and a solar well pump installed to distribute water from the site's shallow well. ‘
2002 - Present
in early 2002 the garden began the transition to a project managed by SEC staff.

The Cityapproved the use of a portion of the Pauline Bond Maintenance Fund to provide stipends for part-time staff and funds for garden improvements and program development. With this and other resources the Garden has been organizing for a self—supportingoperational structure that willcarry outthe vision and goals ofthe Garden. ‘

3. Acknowledgements
Authors would liketo thank all those members of the public who tookthe time to participate inthe process and share their ideas withthe Sonoma GardenPark staff; The Garden AdvisoryCouncilfor hours and hours of thoughtful work and contributions; and, all the volunteers who have dedicatedtheir enthusiastic support and labor into making the vision for the Sonoma Garden Park materialize. Special thanks go to members of the Garden Councilteam of 2004, who spent endless hours supporting the development of this plan: Scott Foreman, Tina Tovey, Theresa Pulido, and Cheryl lntamura. Thanks also to Adrian Martinez,Architect,for donating his time and services for the site plan.

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January 2006
Appendix B

SEC SONOMAGARDENPARK
OPERATIONS BUDGET2006-2010
Revenue
' .
- 5 year
Budget Year 2006 2007 2008 2009 2010 total
PROGRAMS ' ~ Produce, flowers, products $1,500 $1,950 $2,400 $3,500 $5,000 $14,350 Movie Night $600 $800 $800 $1,000 $1,000 $4,200
Plant Sale $1,000 $2,000 $2,000 $5,000 $5,000 $15,000
Community Gardens $2,000 $2,800 $3,200 $4,000 $4,000 $16,000 Seminars/classes $600 $800 $1,000 $2,000 $2,000 $6,400
Use fees $1,000 $1,000 $1,000 $2,000 $2,000 $7,000
Programs Total $6,700 $9,350 $10,400 $17,500 $19,000 $62,950 Donations
Individual donations . $3,000 $5,000 $7,500 $10,000 $12,500 $38,000 Events $10,000 $7,500 $10,000 $12,500 $14,000 $54,000
Event Sponsors $2,000 $3,000 $4,000 $5,000 $5,000 $19,000 Scarlet Oak Foundation $5,000 $5,000 $- $- $- $10,000
Donations Total $20,000 $20,500 $21,500 $27,500 $31,500 $121,000 GRANTS
Cows grant $5,000 $- $~ $- $- $5,000
Speedway Grant ‘$4,000 $4,000 $4,000 $4,000 $4,000 $20,000 Harvest Wlne Auction 35- $5,000 $5,000 $5,000 $5,000 $20,000 Corn Foundation Son Co $- $5,000 235- $~ $5,000 $10,000 City of S0n0ma*-
Fund $13,000 $12,200 $2,000 $2,000 _$;,?)_Q 1510.200
Gl&y—Bf-Senema-Wa’eeF $27999 4527999 —$- —$— —$— -$47999 Program grants/future grants $5,000 $10,000 $20,000 $25,000 $30,000 $90,000 GRANTS Total $32,000 $36,200 $31,000 $36,000 $46,000 $181,200 TOTAL REVENUE $58,700 $66,050 $62,900 $81,000 $96,500 $365,150 ‘Note: May be spent on operationsor capitalimprovements. Subject to appropriationby the City Councilin the course of the City's budget processfollowing FY2007.

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Sonoma GardenParkMasterPlanDRAF‘TSOnoma EcologyCenter
January 2006
Expense
5 year
Budget Year ' 2006 2007 2008 2009 2010 total

PROGRAM MATERIALS
Office and IT supplies $- $500 $500 $500 $500 $2,000
Garden suppiies $3,175 $3,175 $3,175 $3,175 $4,175 $16,875 Voiunteers $200 $1,000 $1,000 $1,000 $1,000 $4,200
Marketing $500 $500 $1,000 $1,000 $1,000 $4,000
Special_Events $2,000 $2,000 $2,000 $2,000 $2,000 $10,000 Products - $400 $400 $400 $400 $400 $2,000
First aid supplies, fire . extinguishers $200 $50 ‘ $50 $50 $50 $400 Maintenance-' fire suppression, well $300 $300 $300 $300 $300 $1,500 Maintenance-facilities $500 $800 $1,000 $1,250 $1,500 $5,050 Demonstrations gardens $1,000 $1,000 $1,000 $500 $500 $4,000 Teaching supplies $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 Program Materials Total $9,275 $10,725 $11,425 $11,175 $12,425 $55,025 LABOR
FTE -
' 0.75 0.875 1 . 1.25 1.5
Project/Site Manager $10,000 $10,400 $16,500 $22,880 $24,000 $83,780 Voiunteer coordinator $7,500 $13,500 $15,000 $15,600 $21,600 $73,200 Gardener $7,500 $8,000 $12,750 $13,500 $16,125 $57,875
Benefits/Overhead $5,250} $7,975 $11,063 $12,995 $15,431 $53,714 Labor Total $31,250 $39,075 $55,313 $54,975 $77,155 $268,569 UTILITIES] OTHER
Phone and Internet $480 $720 $840 $960 $960 $3,960
Water" utilitiesand supplies $2,500 $2,750 $750 $750 $750 $7,500 Restrooms (portable serviced '
facility) $000 $300 $500 5- $~ $2,400
Refuse $240 $250 $250 $250 $250 $1,240
Utilities/other Total $4,020 $4,520 $2,540 $1,960 $1,960 $15,100 TOTAL EXPENSE $44,545 $55,120 $69,378 $78,110 $91,541 $338,694 Excess/<Sh0rtfaIi> $11,155 A $.5,-731.0-' r1‘,$’(é,'_?,$$7"7-_:8“)'= £3::.~....‘— ‘ $2*,3959; Reserve (cash balance) $11,155 $16,885 $8,408 $9,298 $12,256 $12,256 Agenda Item #9.1:

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January 2006
Appendix C

SEC SONOMAGARDENPARK
CAPITAL PROJECTSBUDGET 2005-2009

PROGRAMFEATURES IDENTIFIEDSOURCES OF FUNDING
Children's discovery trail
features $40,000 $40,000 Scarlett Oak Foundation
Demonstrations gardens $4,000 $1,000. Business sponsors Native Plant Nursery . $85,500 $85,500 State grants

FACILITIESIMPROVEMENTS
ADA paths $20,000 $20,900 City of Sonoma
Barn improvements $11,000
‘ Benches & tables $2,000 $2,000 Business sponsors
Compost $5,500 $2,000 Community donor
Drinking fountains (2) $2,500 $2,000 Business sponsors
Electrical (Solar) $18,800 $18,800 Foundation grant
Gate - $2,500 $1,000 Community donor
Greenhouses $6,000 . $6,000 City of Sonoma, FY2004 Grant Foundation grant, Community
Office $26,400 $26,400 donor
Parking $19,976 $19,976 eity—ef-Senema
Pauline Bond Memorial $5,000 $1,000 Community donor
Pond (donated labor and ' design) $3,000
Restrooms $20,174
Road improvements $50,600 A $50,600 m
sseptic . $45,000 $45,000 €ity—ef-Senema
Shade structures (3) $6,000
Storage Sheds $5,000
Water utilities Improvements $6,000
Possible offset or deferment from
Well $35,000 $35,000 use of municipal water
CONTINGENCY _ $40,000
TOTAL $449,200 $345,526
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Sonoma Garden Park Master PlanDRAFTSonomaEcologyCenter
conjunctionwithor followingthe correctionof existing de?cienciesand the installationof infrastructureto support new usesand buildings.

January 2006
i
Appendix D
Master Plan Schedule of Site Improvements (Draft) i
l Feature/Timing Comments and Conditions
Generally: New programs,programexpansions,andsite improvementsshouldoccurin Within2-3 Years (Phase 1)
Parking(w/ landscaping) Designsubject to review by Building,Engineeringand Fire.Landscapingplanfor parkinglot buffer subject to reviewand approvalof Design ReviewCommission.

ADA paths Design subject to reviewbyBuildingDivision.

Parking and pathway Design subject to reviewbyBuildingDivision. lighting.

Electrical Whilea site—widcelectricalsystem is not requiredwithintwo years, electricitymust be providedto facilitiesthat need it (e.g., the well).

Correctwater system Design subject to reviewby Building and Fire. deficiencies
Within 3-5 Years (Phase 2)
Water system upgrades Design subject to reviewby Building.

Timing Conditional . Loop Road in conjunction withany structure for whicha building permit is requiredthatis locatedmore than 150feet from the edge of the publicstreet. , Office, temporary Whilea temporary office may be installed without?re sprinklersor a septic system as long as the nature of its constructiondoes not trigger theserequirements,ADA access isrequired.Design subject to reviewby Building and Fire.

Of?ce (pennanent) A permanent office building shall not be constructeduntila septicor othersanitation system is available.Design subject to reviewby Building.

Restrooms/Septic Design subjectto review by County PublicHealthandCity Building Division.

Requiredin conjunctiona permanent office buildingor other publicuse buildingas deemednecessary by the Building Official.

Garage/storagebuilding Nottied to water system improvementsif the nature of the use and constructiondoes not triggerfire sprinklerrequirements.Must be ADA accessible. Design subjectto Program features
Over?ow parking (onsite) If and when access to I-ioneyproperty islost Fire sprinklersin barn __|PerCity Ordinance, if use is intensi?ed; Fire sprinklers(generally) In conjunctionwith new structures for whicha building permitis required,per City Fire hydra," IOrdinance/BuildingCode/FireCode.

L
review by Building.

Shade structures IDesigns requiring a fire sprinklersystem shallnot be constructeduntil afterthe water storage sheds system has been improved. Otherwise,timing is unconditional. Designs subject to Greenhouses reviewby Building.

Drinkingfountains After water system improvementsand pathways are complete. k Pond After water system improvements are complete. I
Benches and tables After or concurrent with parking and ADA pathsystem improvements. I J
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Sonoma GardenParkMaster PlanDRAFTSonomaEcology Center
January 2006
Timing Unconditional
Gate Design subject to reviewby Fire Department and DRC.

Design subject to reviewby City Counciland/orthe Culturaland FineArts Commission.

Design andplacementsubjectto review by Building,PublicWorks, and the Departmentof HealthServices.If the wellisto be usedfor potablewater, requirementsapplicableto potable,non—transient water systems shallapply.

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EXHIBITD

INSURANCEREQUIREMENTSFOR CAPITAL IMPROVEMENTPROJECTS
- 1.1. MinimumScope of Insurance
Coverage shall be at least as broad as:
(a-)
(b-)
(0-)
(d-)
(6-)
Insurance Services Of?ce Commercial General Liability coverage (occurrence formCG0001).

Insurance Services Of?ce form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

Workers’ Compensation insurance as required "by the State of California and Employer’sLiabilityInsurance.

Coverage shall not extendto any indemnity coverage for the active negligence of the additionalinsured in any case where an agreement to indemnify the additional insuredwouldbe invalidunder Subsection(b) of Section2782 of the Civil Code.

Course of Construction insurancecoveringfor “all risks” of loss.

1.2. MinimumLimits ofilnsurance
Contractor shallmaintain limitsno less than:
(a-)
(b-)
(C-)
(d-)
GeneralLiability: $1,000,000per occurrence for bodilyinjury, personal injury and property damage including operations, products and completed operations. If _ Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be. twice the I required occurrence limit. * -
' Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Employer’s Liability:$1,000,000per accidentfor bodily injury or disease.

Course of Construction: Completed value of the project with no co—insurance ‘penaltyprovisions.

1.3. Deductiblesand Se1f—InsuredRetentions
Any deductiblesor se1f—insuredretentionsmust be declaredto and approvedby the City.

At the optionof the City, either:the insurershallreduce or eliminatesuch deductiblesor self—insuredretentionsas respects the City, its of?cers, of?cials, employeesand volunteers;or the Contractorshallprovide a ?nancial guarantee satisfactory to the City guaranteeingpayment of losses andrelatedinvestigations,claimadministrationand defense expenses.

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1.4. OtherInsuranceProvisions ;
The general liabilityand automobileliabilitypolicies are to contain,or be endorsedto contain,the followingprovisions: '
(a.) The City, its officers, officials, employees, and volunteers are to be covered as insuredswith respect.to liability arisingout of automobilesowned,leased,hired or , borrowedby or on behalf of the Contractor:and with respect to liabilityarisingout of work or operations performed by ‘ or on behalf of the Contractor including materials,parts or equipmentfurnishedin connectionwith such work or operations. General liability coverage can be provided in the form of an endorsementto the Contractor’s insuranceor as a separate Owner’spolicy.
(b.) For any claimsrelated to this project, the Contractor’s insurancecoverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insuranceor self‘-insurancemaintained.by the City, its officers, officials, employees,or volunteersshall be excessof the Contractor’sinsuranceand shallnot contributewithit.
(c.) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior writtennotice by certifiedmail,return receiptrequested, has been given the City. (d.) Coverage shall not extendto any indemnitycoverage for the active negligence’ of the additional insuredin any case where an agreement to indemnifythe additional insuredwould be invalidunder Subdivision(b) of Section 2782 of the Civil Code.

Course of constructionpolicies shall containthe followingprovisions:
(e.) The City shall be named as losspayee.
(f.) The insurershallwaive all rightsof subrogationagainst the City.

1.5. Waiverof Subrogation
Theworkers’compensationpolicyis to be endorsedwitha waiver of subrogation.The insurancecompany, in its endorsement,agrees to waive all rights of subrogationagainst theCity, its officers,officials,employeesand volunteersfor losses paid underthe terms of this policy which arisesfrom the work performed by the named insuredfor the City.

1.6. Acceptabilityof Insurers
Insuranceisto be placed with insurerswitha current A. M. Best ratingof no lessthan » A:VII. '

1.7. Verificationof Coverage
Contractorshall furnishthe City with originalcerti?catesand amendatoryendorsements affecting coverage requiredby this clause.The endorsementsshouldbe on forms providedby the City or on otherthan the City's forms,providedthose endorsementsor policies conformto the requirements.All certificatesand endorsementsare to be receivedand approved by the City beforework commences. The City reserves the right to requirecomplete,certified copies of allrequired insurancepolicies, including endorsementsaffecting the coverage requiredby these speci?cations at any time.

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1.8. Subcontractors
Contractorshallincludeall subcontractorsas insuredsunder its policies or shallfurnish separate certi?cates and endorsementsfor each subcontractor.All coverages for subcontractorsshallbe subjectto all of the requirementsstatedherein.

1.9. MaterialBreach.

If CONTRACTOR, for any reason,fails to maintaininsurancecoverage which is requiredpursuant to this Agreement, the same shallbe deemeda materialbreach of this Agreement.CITY,at its sole option,may terminatethis Agreement and obtain damages from CONTRACTORresulting from said breach. Alternatively, CITY may purchase suchrequiredinsurancecoverage, and withoutfurther notice to CONTRACTOR, CITY may deduct from sums due to CONTRACTOR any premiumcosts advancedby CITY for such insurance.These remediesshallbe in additionto any otherremediesavailableto CITY.

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AMENDMENTNo. 2
To
LEAsE AGREEMENTBETWEEN

CITYOF SONOMAAND
soNoMA SISTER CITIES ASSOCIATION
(BOCCE COURTS)
This second amendment to the August 1, 2008 lease agreement between the Cityof Sonoma and the Sonoma Sister Cities Association (“Tenant”) is executed at Sonoma, California, on March 8, 2019.

Whereas, the lease of property located on First Street Ease in the southeasterly portion of Depot Park in Sonoma, California, herein referred to as “Original Property,” and;
Whereas, the Sonoma Sister Cities Association has requested to lease an additional portion of the Original Property for bocce to establish a space for a storage shed and picnic table;
IT IS AGREED THAT:

1. Paragraph 1 of the Agreement pertaining to the description of Property is amended as illustrated and described in EXHIBITA, with the dimensions of the already leased Bocce Courts including a new area of 18 foot by 25 foot that was previously leased by the Valley of the Moon Petanque Club. *
Construction of the storage shed and placement of a picnic table willbe at the expense of the Sonoma Sister Cities Association. Tenant obligations regarding construction and notification are specified in Section 12 of the Agreement under REQUIRED GOVERNMENTAL APPROVALS and Section 20 of the Agreement under IMPROVEMENTS.

The storage shed shall be of materials and color to match the current storage facilities on the Petanque property or to other standards or colors determined by the City. The storage shed willnot have electricity nor willit be larger than that the City may seek to do improvements to Depot Park or the Bocce/Petanque/Maysonnave Cottage and may direct that the shed be moved or removed. The City, as landlord, reserves the right have the storage shed and picnic table moved or removed at any time with 30 days notice.

Agenda Item #9.1:

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2. In accordance with the California CivilCode Section 55.53, the City acknowledges that the property being leased has not undergone an inspection by a Certified Access Specialist.

3. Allof the provision of the August 1, 2008 Agreement remains unchanged between the City of Sonoma and the Sonoma Sister Cities Association shall remain in fullforce and effect.

Executed March8, 2019 in the City of Sonoma, County of Sonoma, State of California.
/

LANDLORD
City of Sonoma Date:

City ger
TENANT
Sonoma Sister Cities Association Date:

President
Attest:
ity
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AMENDMENTNO. 1
To
LeaseAgreementbetween
City of Sonomaand
Sonoma Sister CitiesAssociation
Bocce Courts
Thisfirstamendmentto the August 1,2008leaseagreement betweenthe City of Sonoma and the SonomaSisterCitiesAssociation(“Tenant”)is executedat SonomaCalifornia, on September15,2014.

Whereas,the leaseof property locatedon FirstStreetEast in the southeasterlyportionof Depot Parkin Sonoma,California,herein referredto as “Original Property;” and; Whereas,the SonomaSisterCitiesAssociationhasrequestedto leasean additionalportionof the OriginalPropertyto establishtwo additionalBocce Courts; IT ISAGREEDthat:

1. Paragraph 1 of theAgreementpertainingto the descriptionof Property is amendedas illustratedand describedin EXHIBITA, with the dimensionsof theBocceCourts, existing and proposednew courts. EXHIBITB showsthe locationandnearbyfeaturesof the proposednew courts.

Constructionof new Bocce Courtswillbe at theexpense of the Sonoma Sister CitiesAssociation.Tenantobligationsregardingconstructionand noti?cationare speci?edin Section12 oftheAgreementunderREQUIREDQQEERNMENTAL APPROVALS and Section20 of the Agreement under1_M§ROVEM;B_N IS.

Paragraph2 of theAgreementpertainingto the term of the lease is amendedto state a new terminationdate of September 15, 2024.

In accordancewithCaliforniaCivil Code Section55.53,the City acknowledgesthat the property beingleasedhasnot undergone an inspectionby a Certi?ed AccessSpecialist.

All otherprovisionof August 1, 2008 Agreementremainsunchangedbetweenthe City of Sonoma and the Sonoma SisterCitiesAssociationshallremainin fullforce and effect.

ExecutedSeptember15,2914inthe City of Sonoma, County of Sonoma,Stateof California.

LANDLORD: TENANT:

Attest: 4%,; Zuzév/‘f City Cler Date
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Agenda Item #9.1:

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LEASE
THIS LEASE AGREEMENT is madethis 1st day of July, 2008, by and betweenthe CITY OF SONOMA,hereina?zersometimesreferredto as "LANDLORD,"and the SONOMASISTER CITIES ASSOCIATION,hereinaftersometimesreferredto as "TENANT." - WITNESSETH:

THEPARTIES DO HEREBYCOVENANT,PROMISE ANDAGREE AS FOLLOWS:

DESCRIPTIONOF PROPERTY

1. THE CITY OF SONOMA hereby leases to the
_ SONOMA SISTER CITIES
ASSOCIATION,for the term of this Agreement, the property located on First Street East in the southeasterlyportionof Depot Park in Sonoma,California,furtherdescribedin Exhibit "A-1,”“B” and “B-1” which is attachedto this Lease and incorporated herein by reference and which is hereinafter ' called the "Premises."

LEASE TERM

2. Basic Term: The term of this lease is for a period often (10) years, commencing on August’1,2008, and terminating on July 31, 2018, unless sooner terminatedor extended,as otherwise providedby the terms ofthisleaseor by law.

3. Optionto Extend Term: TENANTis herebygranted an option to extend the term for one (1) ten (10) year period following expiration of the term, exercised by giving written notice to LANDLORDof TENANT'S intent to exercise such option at least one-hundred-eighty(180) days before the expiration of the ten (10) yearterm. The option term shall be on the same terms and conditionset forthherein,unlessmodi?ed in writing.
’

4. Limitationon Option:In the event that: a) TENANTis in default on the date of giving the option notice; or b) TENANT is in default on the date the option term is to commence; .or c) TENANThasa history of defaults underthis Lease, namely, defaults on three or more occasionsthat are documentedand which were either cured by TENANTor for whichLANDLORDelected not to pursue itsremedies;then, at LANDLORD'selection,exercisedby notice,the option notice to extendthe term shallnot be e?ective,the optionterm shallnot commence,and thisLeaseshall expireat the end of the basicterm unlessearlierterminatedby LANDLORDunderthe provisionsof thisLease.

5. The rent for said property shall be one dollar($1.00) per year during the Lease Term, dueandpayableon the first of August each and every year.

6. Nothing in thisLease shallbe construedto renderLANDLORD,in any way, or for any purpose, a partner, joint venturer or associate, in any relationshipwith TENANT, other than that of LANDLORDand TENANT,nor shallthis Lease be construedto authorizeeitherto act as agent for the other.

Agenda Item #9.1:

Page 107 of 151 ends

TAXES AND ASSESSMENTS

7. TENANT recognizes and understandsthat this Lease may create a possessoryinterest I subject to property taxation and that TENANTmay be subject to the payment of property taxeslevied on such interest.TENANTagrees to promptlypay any suchtax.

UTILITIES

8. 'I‘ENANT shall pay promptly as they become due all charges for the ?rmishing of electricity, garbage service, and other public utilitiesto the Premises during the term of this lease, including any water tax or water rate imposed on the Premisesfor the furnishing of water to such Premisesduring the term of this lease.

USES PURPOSES ANDACCESS

9. Permitted Uses: TENANT shall use and permit the use of the Premises only for operation of bocce ball courts and related facilities primarily for the not-for-pro?t use of persons in organizedbocce ball events and forsuch otheruses whichare foundto be consistentwiththis Lease and incidentand directlyrelatedto the usespermittedhereinas may be approvedby the CityManager or his or her designeein writing fromtime to time, subjectto any conditionswhich may be imposed upon the granting of suchapproval.
a. TENANTshallnot do or permit anythingto be done in or aboutthe Premises,or come to keepanythingtherein,whichwillin any way constitutea nuisanceor affect ?re orother insuranceon the Premises, or which shall in any way con?ict with any law, "ordinance,rule or regulation affecting the occupancy, use or safety of the Premises which is or may hereafter be enacted or promulgatedby any public authoritynor shall TENANTstore any hazardousmaterialsonthe Premises.
'
b.
. TENANTshallnot commit or sufferto be committed any waste on the Premises or obstruct or interferewith the rights of othertenants of LANDLORD, or annoy them, or allowthe Premisesused for any improper,unlawfulor objectionablepurpose. c. TENANT shallnot place or maintainor permitthe placingor maintainingof any sign or device of any kind, nature or descriptionon the Premiseswithoutthe written approval of the CityManager.
d. Except at such times when TENANT has expressly scheduledthe use of the Premisesfor events permittedherein,the Premisesshall remain open to the use of other LANDLORD. 10. Changesin PermittedUses: TENANTmay use the Premises,or permitthem-tobe used, for any other lawfulpurpose which,in the sole determinationof LANDLORD,would not interferewith the use or development of the remainder of the surrounding park in a matter determinedby LANDLORD to be in the public interest. Any such change of use shall be made only upon LANDLORD'spriorwrittenconsent.

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ASSIGNMENTSUBLETTING

11. Assignment by TENANT: TENANT shall have no right to encumber the leasehold hereunder in any manner and shall not assign, sublet,hypothecateor otherwise transfer whether voluntarily,involuntarily,or by operationof law, itsinterestin thisLease or any part thereofwithoutthe priorwrittenapprovalof LANDLORD.No suchassignmentor transfershallbe valid or bindingwithout said prior written approval, and then only upon the conditionthat such assignee or. other successor in interestshallagree in writing to be boundby eachandall of the covenants, conditionsandrestrictionsof this Lease. An attemptedassignment or transfer notin compliancewith the provisions of this article shall be grounds for LANDLORD's terminationof thisLease. Consent to any assignment or transfer shallnot be deemeda waiverofthisrequirementas to any subsequentassignmentor transfer.

REQUIREDGOVERNMENTALAPPROVALS

12. TENANT shall procureand deliverto LANDLORD,at TENANT'sexpense, evidenceof compliancewith all then applicable codes, ordinances,regulations and requirements for permits and approvals,including,but not limitedto, environmentalapproval,any requiredcity zoning or planning approvals, grading permit, building permit, and any otherapprovals ?'om governmental agencies or bodieshavingjurisdiction.

13. LANDLORDmakes no covenant or warrantiesrespecting the conditionof the soil or sub-soil, or any other condition of the Premises.TENANT shall have the right to enter onto the Premisesto make any tests it deems to be necessary to determinethe conditionof the soil,prior to the commencement of the term. All such tests madeby or on behalf of TENANT shall be at TENANT's soleexpense.TENANTshallprovideLANDLORDwitha copy of any test resultson commencement of the term.
-
LIABILITYANDWORKERSCOMPENSATIONINS?RA_?. CE

14. TENANTor any otherindividual,group or organizationwhoappliesfor orreserves use of the bocceball court facility shall provide, to the City Clerk, at least ?ve (5) days before the event, proof of insurancenaming theCity of Sonoma as an insured,and shallcomplywith all requirements of theRedwoodEmpireMunicipalInsuranceFund (REMIF).ThisinsuranceandcompliancewithREMIF, at a minimum,shall consist of a comprehensive policy of public liability insurance issued by an insurancecompany or companiesacceptable to LANDLORD,insuringboththe organization as well as LANDLORD against loss and liability caused by or connectedwith the organization's use of the Premises.The amount shallbe initiallynot lessthan one milliondollars($2,000,000.00) for injury or death of one or more persons and two hundred fifty thousanddollars($250,000.00) for damage to or destructionof any property of other persons.The coveragethus providedshallbe primary insuranceand in the event of loss,shallbe
providedin paragraph16. 15. Any organization reserving or utilizing the bocce ball court facilities shall keep on depositwith LANDLORD at all timescerti?cates of required insurance,and every insurancepolicy requiredby thisleaseshallcontaina provisionthatit may not be canceledfor any reason on lessthan 30 days’prior writtennoticeto LANDLORD.In the event that insurancehas been canceledor otherwiseis unavailable,any group not insured operatingunderthe auspices of TENANTshall make no further use of the Premises until such time as insuranceand compliance with the terms of this lease has been -.~.,-..

Agenda Item #9.1:

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obtained. . 16. With reference to paragraph 14, concerning liability insurance by TENANT, the minimumcoverages and policy form speci?ed in paragraph 14 are subjectto review at the end of every two (2) year period this lease remains in effect. On such review, LANDLORD shall preliminarily determine whether it considersthe coverage adequate in light of the value of money, the cost of coverage, the experienceof the parties during the preceding two (2) years with respect to claims, actions, settlements,judgments and other matters relevant to the question of adequate insurance coverage. If LANDLORDdeterminesthat the coverage is not adequate,it shall specify the coverage requested, and TENANT shall continueto satisfy the requirements of paragraph 14 by procuring and ?ling proof of suchadditionalcoverage asrequested by LANDLORD.If TENANTdoes not agree,the partiesshallattempt to settlethe question by negotiation and appropriatemodi?cationof paragraph14.

However, ifthe partiesare unableto agree after hearingbefore the Sonoma City Council,"the decision of the Sonoma City Council shall be ?nal.
-
' *

17. Workers’Compensation Insurance: TENANT shallmaintainworkers‘ compensation insuranceasisrequiredby law.
~
‘

PROTECTION OF LANDLORD AGAINST COST OR CLAIIVI

18. No reference to the Mechanic's LienLaw made in this Agreement shall be construedto ‘beanagreement or an aclmowledgmentthat suchlaw appliesto improvementsconstructedpursuant to this Agreement, or that such improvementsare, or are not, publicworks. TENANT shallpay, or cause to be paid, the total cost and expense of all works of improvement, as that phrase is de?ned in the Mechanic'sLien Law (commencing with CaliforniaCivil Code §3109). No such payment shall be construedas rent. TENANTshall not su?'er or permit to be enforcedagainstthe Premises,or any part of it, any mechanic's,material men's, contractors or subconn-actor'slien arising ?-om any work of improvement, howeverit may arise. However, TENANT may, in good faith and at TENANT'sown expense, contest the validity of any such asserted lien, claim or demand, provided TENANThas furnishedthe bond required in Civil Code §3l43 (or any comparablestatute hereafter enacted for providinga bond ?eeing the Premisesfrom the effect of such a lien claim). 'I‘ENANTshalldefendand indemnifyLANDLORD against all liability and loss of any type arising out of work performedon the Premisesby TENANT, together with all costs and expensesincurredby LANDLORDin negotiating, settling,defendingor otherwiseprotecting"againstsuchclaims.

19. If TENANTdoesnot cause to be recordedthe bond describedin CaliforniaCivilCode §3l43 or otherwiseprotect the property under any alternativeor successorstatute, and a ?nal judgment has been rendered against TENANT by a court of competent jurisdiction for the foreclosureof a mechanic's,materialmen's, contractor's or subcontractor'slien claim, and if TENANTfails to stay the executionof the judgment by lawfulmeans or to pay the judgment,LANDLORDshallhave the right, but not the duty, to pay or otherwisedischarge,stay or prevent the execution of any suchjudgment or costs at themaximumrate an individualis permitted by lawto charge ?om the dateof payment untilthe date of reimbursement. IMPBDVEMENT S 20. TENANTshall not, without LANDLORD'sprior written consent, construct, install, modify, alter, improve,repair or in any way changethe Premisesor any structure, facility, applianceor electricalor mechanicalimprovementnow or hereafterin place on the Premises,except forthe purposes Agenda Item #9.1:

Page 110 of 151 ends

necessaryto day-to-day operationof boccecourts.
\
‘

V TERMINATION & EXPIRATION

21. LANDLORD and TENANTagree that every condition,covenant and provisionof this lease is materialand reasonable.Any breachby TENANTof a condition,covenant or provisionof tl1is lease willconstitutea material breach. For any material breach by TENANT, LANDLORDshall provideTENANTwith a writtennotice that describesthe breachand demandsthat TENANTcure the default(if a cure is possible).If TENANTdoesnot cure the defaultwithinthirty (30) days, or if a cure is not possible,thisleasewillbe terminated.Terminationof this leasefor a breachby TENANTwillnot occurunlessthe foregoing events occur.

22. TENANT's Duty to Surrender: At the expiration or earliertermination of the term, TENANT shallsurrenderto LANDLORDthe possession of that portion of the Premisesoccupiedby TENANT. TENANT shall leave the surrenderedPremises, and any other property, in the same condition asthat existingon the commencement date,ordinaryWear and tear excepted.All property that TENANT has used hereundershall become LANDDORD'sproperty at terminationof the Lease. If TENANTfailsto surrenderthe Premisesat the expirationor soonerterminationof this Lease,TENANT shall defend and indemnify LANDLORD from all liability and expenseresulting ?'om the delay or failureto surrender,including,withoutlimitation,claimsmade by any succeedingTENANTfound on or resulting ?'omTENANT'sfailure to surrender.
' .
. 23. Holding Over: This Lease shall terminatewithoutfurthernotice at expirationof the term. Any holding-overby TENANTa?er expiration shallnot constitute a renewalor extensionor give TENANTany rightsin or to the Premisesexcept as expresslyprovidedin this Lease. Notwithstanding the foregoing, no terminationof this Lease shall release TENANT from any liability or obligation hereunder,whetherof indemnityor otherwise,resulting?om any acts,'omissions or events happening priorto the dateof terminationor date of surrenderifit be later.

Speci?cally, the following shallconstitutea defaultof the TENANT:
a. Failureto pay rent when due;
b. Use ofthePremisesfor any unlawfulpurpose;
' c. Abandonment of thePremises;
.
d. Assigning or submitting the leased Premiseswithoutthe prior written consent of LANDLORD;
a
Committing
f. Maintaining, committing, or permitting the maintenance or commission of a nuisanceon the leasedPremises; ' g. Any materialfailureto keepthe Premisesin a sanitary conditionor to disposeof all trashandgarbage. h. AlteringthePremisesin any manner,except as providedin thisleaseagreement.

Agenda Item #9.1:

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i. Failure to perform anyotherprovision, covenant, or condition of this lease j. Upon six (6) monthswritten notice to the otherparty.

LANDLORD'S NON LIABILITY:INDEMEEICATIONBY TENANT

24. NeitherLANDLORD nor LANDLORD'Sagents, employeesand o?cers shallbe liable for any loss of any property of TENANTor of anyone else by the? or otherwise.In addition,TENANT shall indemnify, hold harmless,release and defend LANDLORD,its agents, officersand employees from and against any and all actions, claims,damages,disabilitiesor expenses includingwitness costs and court costs that may be asserted by any person or entity, includingTENANT, arising directly or indirectlyout of or in connectionwith:
a. The use of the Premisesin any manner by TENANT,its agents, employees,invitees, licensees,contractors or others,includingany use of the Premises not allowedunder this Lease. ~
'
b. Any breachby TENANTof the terms, covenants or conditionshereincontained. '
c. Any other activities of TENANT, its agents, employees, invitees, licensees, contractors or others, arisingunderthis Lease.

ATTORNEY'SFEES

25. In the event that either party hereto shall commence any legal action or proceeding, includingan actionfor declaratoryrelief, againstthe otherby reason of the alleged failureof the otherto perform or keep any term, covenant or condition of thisleaseby him to be performed or kept, the party prevailing in said action or proceeding shall be entitledto recover, in additionto his court costs, a reasonableattorney's fee to be ?xed by the court, and such recovery shall include court costs and attorneys’ fees on appeal,if any. The Court will determinewho is the "prevailingparty," whetheror not the suit proceeds to ?nal judgment. However, if an action is voluntarily dismissed,or dismissed pursuant to a settlement of the case, neither party will be entitledto recover its attomey‘s fees. TheCity of Sonoma speci?cally waives any right to recover treble or other punitive damages pursuant to CaliforniaCode of CivilProcedureSection 1174.

CHANGESREQUIRINGCONSENTOF LANDLORD

26. Delegation to City Manager: There are various provisions throughout this Lease that require consent of LANDLORD,such as, but not limitedto: (1) Nature and extent of use in paragraphs 9 and 10 above;and (2) Assignment and sublettingin paragraph 11.Except as otherwisespeci?callyset forth, City Manager is hereby authorizedto act on
NO WAIVER 27. Waiver by eitherparty of a breach of any covenant of this lease agreement will not be construed to be a continuingwaiverof any subsequentbreach.No waiverby eitherparty of a provision of this leaseagreement will be consideredto have been madeunlessexpressed in writing and signed by all parties.

Agenda Item #9.1:

Page 112 of 151 ends

TIMEOF SSENCE

28. Time is of the essenceof each provisionof
this leaseagreement.

MISCELLANEOUS

29. Captions: The captions of various articles and paragraphs of this Lease I are for
convenienceand ease of referenceonly and do not de?ne, limit,augment or describethe scope,content or intentofthisLease or of any part or parts of thisLease.

30. Gender: The neuter gender includesthe feminineand masculine,the masculineincludes the feminineand neuter andthe feminineincludesthe neuter and each includescorporation,partnership or other legal entitywhenthe context so requires.
‘
4 31. Singular andPlural: The singular numberincludesthe plural whereverthe context so requires.
'
'

32. Merger: This Lease is intendedboth as the ?nal expressionof the agreement between the parties heretowith respect to the includedterms and as a completeand exclusive statement of the terms of the agreement, pursuant to Code of CivilProcedure§1856. No modi?cationof this Lease shall be elfective unless and untilsuch modi?cationis evidencedby a writing signed by both parties.No promise, representation,warranty or covenant not includedin this Lease has been or is relied on by eitherparty. Each party hasrelied on his own examinationof thisLease,the counselof his own advisors and the warranties,representations and covenants in the Lease itself. The failure or refusal of either party to inspectthe Premisesor improvements,to readthe Lease or other documents, or to obtainlegal or other advicerelevantto this transaction, constitutesa waiver of any objection, contentionor claim that might havebeen basedon such reading,inspectionor advice.

33. Successors:Subject to the provisionsof this Lease on assignment,eachand all of the covenants and conditionsof this Lease shall be binding on and shall inure to the bene?t of the heirs, successors,executors, administrators,assigns and personal representativesof the respectiveparties.

34. Applicable Law: This Lease shall be construed and interpretedin accordancewith the laws of the StateofCalifornia except as otherwiseexpresslyprovidedherein, or as otherwiserequired by applicablelaw?om time to timeduringthe term.

35. CovenantsandConditions:All provisionsof thisLeasewhethercovenants or conditions, on the part of TENANTshall be deemedto be bothcovenants and conditionsand such covenants shall survive

36. No Discrimination:TENANT shall complywith all applicable federal, state and local laws,rules and regulationsrelatingto nondiscriminationin employmentand servicesbecauseof race, color, ancestry, nationalorigin,religion,sex, maritalstatus, age,medicalconditionand handicap. SERVICEOF NOTICES 36. For the purpose of serviceof process and service of notices and demandson TENANT, the addressis:
' Agenda Item #9.1:

Page 113 of 151 ends

SONOMA SISTER CITIES ASSOCIATION
Attn: N PRES D?“ I
- E6"
Sonoma, CA95476 W .

Notices,demands,and serviceof processfor the CITY OF SONCMA may be servedon LINDA KELLY, City Manager, or her successor at the following address:

City Hall
A No. 1 The Plaza
Sonoma,CA 95476
Executed on ,W - , 2008, intheCity of Sonoma,County of‘Sonoma,State of California.

LANDLORD:
- TENANT:

By: 1%012%‘gijg[@9764 3%‘Z99 ‘P
wc?“President-Boardof Dir tors
Attest:

K BYI_%_ City lerk
Agenda Item #9.1:

Page 114 of 151 ends

ma/.5
Agenda Item #9.1:

Page 115 of 151 ends

wwuo/4.

Agenda Item #9.1: Page 116 of 151
Exhibit --B-1
.

Description of Premises - Bocce courts
The BocceCourtarea is an areaadjacent to and north of the existing Petanque Courtslocated in DepotPark, Sonoma, Californiaand adjacent to and westof 289 FirstStreet East (see Exhibits“A-1"and "B'). The Bocce Courtis a rectangular areaapproximately80 feet by 30 feetas depicted in Exhibit“B.” Descriptionof Premises- Amended Petanquecourts Area
The original Petanque Courtsarea is describedinExhibit“A".as-prepared by John Bonnoit.the formerCity Engineerforthe Cityof Sonoma; The amended.

Petanque Courts area is the original area‘ as described in Exhibit“A”minusthe BocceCourt area describedabove.

Agenda Item #9.1:

Page 117 of 151 ends

Agenda Item #9.1:

Page 118 of 151 ends

AMENDMENTNO. 2
To
Lease Agreement between
City of Sonoma and
Valley of theMoon PetanqueClub
This second amendmentto the May 1, 2002 lease agreement between the City of Sonoma and theValley of the Moon Petanque Club (“Tenant”)is executed at SonomaCalifornia,on Septemberl5, 2014.

Whereas,the lease of property locatedon First Street East in the southeasterlyportionof DepotPark in Sonoma, California,hereinreferred to as “OriginalProperty”; Whereas,the Sonoma SisterCitiesAssociationhasrequestedto leasean additionalportion of the Original Propertyto establishtwo additionalBocce Courts;
Whereas,theBoardof the Valley of the Moon Petanque Club,has approved the allocationof the northeast corner of the Petanque Courtsfor two more courts, for the Sonoma SisterCitiesAssociation’s bocce courts; and Whereas,the Valley of the MoonPetanque Clubrequestedallocationof City property to relocate two new Petanque Courts.

IT IS AGREED that:

1. Paragraph 1 of the Agreement pertainingto the descriptionof Property is amended as illustratedand describedinEXHIBITA,with the dimensionsof both the Bocce Courts and Petanque Courts, existingand proposed new courts. EXHIBIT B showsthe locationand nearbyfeatures of theproposed new courts.

Constructionof new BocceCourts will be at the expense of the Sonoma Sister Cities Association. Tenant obligationsregardingconstructionand notification are speci?ed in Section 12 of the Agreement under REQUIREDGOVERNMENTAL APPROVALS and Section 20 of the Agreement underIMPROVEMENTS.

2. Paragraph 2 of the Agreement pertainingto the term of the lease is amendedto state a new termination date of September15,2024.

3. In accordance with CaliforniaCivil Code Section55.53, theCityacknowledgesthat the property being leasedhas not undergone an inspection by a Certi?ed Access Specialist.

4. All otherprovisionof May 1,2002 Agreement remainsunchanged betweentheCity of Sonoma and the Valley of theMoon Petanque Club shallremain in full force and effect. ‘
ExecutedSeptember15,20l4in the City of Sonoma,County of Sonoma, State of California.

LANDLORD: TENANT:
sident,Board of irectors Date C’ Manager Attest: Q’30’/ 7 City Clerk Date
Agenda Item #9.1:

Page 119 of 151 ends

H
\\\
r...._........_q..—.............—..........—.............._,__ -~~—-_-__..--»-_---—.~.--_---___-_-----.---_-_--_-.---—_-——- Agenda Item #9.1:

Page 120 of 151 ends

L-..........._..-....--......-..-........--——..-——---.-—-—--—-~--------------—-4 . ..}.§."5.'_.1S19”“
mamLs 1881:!
.
3%
Agenda Item #9.1:

Page 121 of 151 ends

Agenda Item #9.1:

Page 122 of 151 ends

AMENDMENTNO.l
to
Lease Agreementbetween
City of Sonoma and Valley of the Moon PetanqueClub
Whereas,City of Sonoma ("Landlord")and Valley of the Moon PetanqueClub ("Tenant")entered into a Lease Agreement('V\greement")dated May 1,2002 for the leaseof property locatedon First Street East in the southeasterlyportion of DepotPark in Sonoma,California,herein referredto as "OriginalProperty ;"and Whereas,theSonomaSister CitiesAssociationhas requestedto leasea portionof the OriginalPropertyto establish tWo.boccecourts; and
Whereas,theBoard of the Valley of the MoonPetanqueClub,at its meetingof March 5,2008,has approvedthe allocationof the northeastcomer of the petanque courts for the SonomaSisterCitiesAssociation'sboccecourts.

IT IS AGREED that:

1. Paragraph 1.of Agreementpertainingto the descriptionof Property is amendedas illustratedand describedinExhibits"A~l ,""B," and "B-1."

2. Paragraph2 of Agreementpertainingto the term of the lease is amended to state a new terminationdate of July 31,2018.
3 . All other to/sions
of Agreementremainunchanged.
- Executed _‘,?-;1:...f.:;;; —-"12008, inthe Cityof Sonoma,County of Sonoma,State of California.

LANDLORD: TENANT;
Agenda Item #9.1:

Page 123 of 151 ends

m:\o.o<_,
‘ .

Agenda Item #9.1:

Page 124 of 151 ends

Exhibit "B—1
"
Description of Premises —Bocce Courts
The Bocce Court area is an area adjacentto and north of the existing Petanque Courts located in Depot Park, Sonoma, Californiaand adjacent to and west of 289 FirstStreet East (see Exhibits "A4" and "B").The Bocce Court is a rectangular area approximately 80 feet by 30 feet as depicted in Exhibit"B." Description of Premises —Amended Petanque Courts Area
The originaIPetanque Courts area is described in Exhibit"A"as prepared by John Bonnoit,the formerCity Engineer forthe Cityof Sonoma, The amended Petanque Courts area is the originalarea as described in Exhibit"A"minusthe Bocce Court area described above.

Agenda Item #9.1:

Page 125 of 151 ends

F
v F V
4>_5s§ .
‘Ar .s« D\DEPOTPARK.DWG6/23/2008
1:01:25 PM PE PARK\CA
; J.\O24 — sN0MA\624s1s‘
Agenda Item #9.1:

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' LEASE
THIS LEASE AGREEMENTis made this 1st day of May, 2002, by andbetweenthe CITYOF SONOMA, hereinaftersometimesreferred to as “LANDLORD”,andthe VALLEYOF THEMOON PETANQUECLUB,hereinaftersometimesreferred to as “TENANT”. ' WITNESSETH:

THEPARTIES DO HEREBYCOVENANT,PROMISEANDAGREE AS FOLLOWS:

I DESCRIPTIOI3]OF PROPERTY

1. THECITYOF SONOMAherebyleasesto theVALLEYOF THEMOON PETANQUE CLUB",forthe term of-thisAgreement,the property locatedon First StreetEast in the southeasterlyportion of DepotPark in Sonoma,California, more precisely describedinExhibit“A" whichis attached to this Lease and incorporatedhereinby reference and whichis hereinaftercalledthe “Premises.”

LEASE TERM

2. BasicTenn: The term of this leaseis for a periodof ten (10) years, commencingon May 1, 2002, and terminatingon April 30, 2012, unless sooner terminatedor extended, as otherwiseprovided by the terms of this leaseor by law.

3. Optionto ExtendTerm:TENANTis herebygrantedan optionto extend the termfor one (1) ten (10) year period following expiration of theterm, exercisedby givingwrittennoticeto LANDLORDof TBNANT’sintentto exercisesuchoption at least one-hundred-eighty(180) daysbeforethe expirationof the ten (10) year term. The optionterm shall be on the sametermsand conditionsset forth herein, unlessmodi?ed in writing.

4. Limitationon Option:In the event that: a) TENANTis in default on thedateof giving the optionnotice; or b) TENANTis in default on the date the optionterm is to commence; or c) TENANThas a historyof defaultsunderthisLease, namely. defaultson threeor more occasionsthat are documentedand whichwere eithercured by TENANTor for whichLANDLORDelectednot to pursue its remedies; then, at LANDLORD’selection,exercisedby notice, the optionnoticeto extendthe term shallnot be effective, the optionterm shallnot commence,and thisLeaseshallexpire at the endof the basic term unless earlier terminatedby LANDLORDunderthe provisions of this Lease. '

5. The rent forsaidproperty shall be one dollar($1.00) per year duringthe Lease Term, due and payableon the first of May each andevery year.

6. Nothingin thisLease shallbe construed to renderLANDLORD,in any way, or for any purpose, a partner, joint venturer or associate,in any relationshipwithTENANT, otherthan that of LANDLORDandTENANT,nor shallthisLease be construedto authorizeeitherto act as agent forthe other. /52/ Agenda Item #9.1:

Page 127 of 151 ends

- TAXES ANDASSESSMENTS

7. TENANTrecognizes and understandsthat this Leasemay create a possessory interestsubject A
to property taxationandthat TENANTmay be subjectto the payment of property taxes levied on suchi11terest.

TENANTagrees to promptlypay any such tax.

UTILITIES

8.- TENANT shallpaypromptly as theybecomedue all chargesfor the furnishingof electricity, garbage service, and other public utilitiesto the Premisesduringthe term of this lease, includingany water tax or water rate imposedon the Premisesfor the furnishing of water to such Premises during the term of thislease.

USES PURPOSESANDACCESS

9. PermittedUses:TENANTshalluse and permit the use ofthe Premisesonly for operation of _ pétanque courts and relatedfacilitiesprimarilyfor the not—for-pro?tuse of persons in organized pétanque events and for such other uses whichare found to be consistentwiththis Lease and incident and directlyrelated to the.uses permitted herein as may be approved by the City Manager or his or her designee in writingfrom timeto time, subjectto any conditionswhichmay be imposeduponthe grantingof such approval. a. TENANTshallnot do or permit anythingto be done in or aboutthe Premises,or come i
to keepanythingtherein,whichwillin any wayconstitute a nuisanceor affect ?re or other insuranceon the Premises, or whichshall in any way con?ict with any law, ordinance,rule or regulation affecting the occupancy, use or safetyof the Premiseswhichis or may hereafterbe enactedor promulgatedby any public authoritynor shallTENANT store any hazardous materials on the Premises.
’
b. TENANTshallnot commit or suffer to be committedany waste on the Premisesor obstruct or interfere with the rights of other tenants of LANDLORD, or annoy them, or allow the Premisesused for any improper,unlawfulor objectionablepurpose. -
c. -TENANTshallnot place or maintainorpermitthe placingor maintainingof any sign or device of any kind, nature or descriptionon the Premiseswithoutthe written approval of the CityManager.
d. Except at such timeswhenTENANThas expresslyscheduledthe use of the Premises for events pennittedherein,the Premisesshallremainopen to the use of othermembersof the publicwithoutfee or charge or restriction except as imposed by LANDLORD.

10. Changesin PermittedUses:TENANTmay use the Premises,or permit them to be used,for any other , publicinterest.Any suchchange of use shallbe made only upon LAN'DLORD’Sprior writtenconsent. ASSIGNMENTSUBLETTING 11. Assignmentby TENANT:TENANTshallhave no right to encumberthe leaseholdhereunder in any manner and shall not assign,sublet,hypothecate or otherwisetransfer whethervoluntarily,involuntarily, or by operationof law, itsinterestin thisLease or any part thereofwithoutthe priorwritten approval of LANDLORD.N0 such assignmentor transfershall be valid or bindingwithoutsaidprior written approval,and Agenda Item #9.1:

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then only upon the conditionthatsuchassignee or othersuccessorin interestshall agreein writing to be bound by each and all ofthe covenants, conditionsandrestrictionsof this Lease.An attemptedassignment or transfer not in compliancewiththe provisionsof this articleshallbe groundsfor LANDLORD’sterminationof this Lease.Consentto any assignment or transfer shall not be deemeda waiverof thisrequirementas to any subsequent assignmentor transfer.
gggrmo GOVERNMENTALAPPROVALS

12. TBNANTshallprocureand deliverto LANDLORD,at TENANT’sexpense, evidenceof compliancewith all‘thenapplicablecodes,ordinances,regulations andrequirementsfor permits and approvals, including,but not limitedto, environmentalapproval,anyrequiredcity zoningor planningapprovals.grading permit, building permit,andany other approvals fromgovernmental agencies or bodieshavingjurisdiction.

13. LANDLORDmakesno covenant or warrantiesrespecting the conditionof the soil or sub-soil, or any other conditionof thePremises.TBNANTshallhave the right to enter onto the Premisesto makeany tests it deemsto be necessary to determinethe conditionofthe soil, priorto the commencement of the term. All such tests madeby or on behalfof TBNANTshallbe at TBNANT‘S sole expense.TBNANTshallprovide LANDLORDwitha copy of any test results on commencement of the term.

LIABILITYANDWORKERSQOMPEL]SATION INSURANCE
.14. TBNANTor any other individual,groupor organizationwhoappliesfor or reservesuse of the pétauque court facilityshallprovide, to the City Clerk, at least ?ve (5) days before the event, proof of insurance namingtheCity of Sonomaas an insured, and shall complywithall requirements of the RedwoodEmpire MunicipalInsuranceFund (REMIF). Thisinsuranceand compliancewithRBMIF, at a minimum,shallconsist of a comprehensivepolicy of publicliabilityinsuranceissuedbyan insurancecompany or companies acceptable to LANDLORD,insuring-boththe organizationas well as LANDLORD against loss and liability causedby or connectedwith the organization’s use ofthePremises. The amount shall be initially not lessthan one milliondollars($1,000,000.00) forinjuryor deathof one ormore-personsand two hundred?fty thousand dollars($250,000.00)for damageto or destructionof any property of otherpersons. The coveragethus providedshall be primaryinsuranceand in the event of loss,shallbe exhaustedbeforeany other carriermay be calleduponto share in suchloss. Theamount ofinsuranceshallbe reviewedand may be increasedby orderof the City Council as providedin paragraph 16.

15. Any organization reserving or utilizingthe pétanque court facilitiesshall keepon depositwith LANDLORDat all timescertificatesofrequired insurance,and every insurance policy required by this lease shallcontain a provisionthatit may not be canceledfor any reason on less than 30 days’ prior writtennoticeto LANDLORD.In the event that insurancehas been canceledor otherwiseis unavailable, any group not insured operatingunderthe auspicesof'I‘ENANTshallmakeno further use of the Premisesuntil such time as insurance and compliancewiththe terms of thislease has been obtained. coverages and policyformspecifiedin paragraph 14 are subjectto reviewat the end of every two (2) year period thislease remainsin effect. On such review, LANDLORDshallpreliminarilydeterminewhetherit considersthe coverageadequatein light of the value of money, the cost of coverage, the experienceof the parties during the precedingtwo (2) years withrespect to claims,actions, settlements,judgmentsand other matters relevant to the questionof adequateinsurancecoverage. If LANDLORDdeterminesthat thecoverage is not adequate,it shallspecifythe coveragerequested,andTBNANTshall continueto satisfy the requirements of paragraph14by procuringand ?ling proof of such additionalcoverage as requested by LANDLORD.If TBNANTdoesnot agree,the partiesshall attempt to settlethe questionby negotiation andappropriate 3 /33 Jun»
Agenda Item #9.1:

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modificationof paragraph 14. However, if the parties are unabletoagree after hearingbefore the SonomaCity Council, the decisionof the SonomaCity Councilshallbe ?nal. -

17. Workers’ CompensationInsurance:TENANTshall workers‘compensation insurance as is required by law.
'

PROTECTION OF LANDLORDAGEST COST OR CLAIM

18. No reference to the Mechanic’s Lien Lawmade in this Agreementshallbe construedto be an agreement or an acknowledgmentthat such lawappliesto improvementsconstructed pursuant to this Agreement, or that such‘improvements are, or are not, public works.TENANTshallpay, or cause to be paid, the total cost and expenseof all works of improvement,as that phrase is de?ned in the Mechanic'sLienLaw (commencingwith CaliforniaCivil Code §3lO9). No such payment shallbe‘construedasrent. TENANTshall not suffer or permit to be enforced against thePremises,or any part of it, any mechanic's, materialmen’s, contractors or subcontractor’s lien arising from any work of improvement,however it may arise. However, TENANTmay, in good faith and at TBNANT’sown expense,contest the validity of any such assertedlien, claim or demand,providedTENANThasfurnishedthe bond requiredin CivilCode §3 143(or any comparable statute hereafterenacted for providinga bond freeing the Premisesfrom‘the effect of such a lien claim). TENANTshalldefendand indemnifyLANDLORDagainstallliabilityandloss of any type arising out ofwork performed on the Premisesby TENANT, together with all costs and expenses incurredby LANDLORDin negotiating,settling,defendingor otherwiseprotecting againstsuchclaims.

19. If TENANTdoes not cause to be recordedthe bond described in California Civil Code §3 l43or otherwiseprotect the property under any alternativeor successorstatute, and a final judgment has been renderedagainst TENANTbya court of competent jurisdiction for the foreclosureof a mechanic"s,material men's, contractor's orsubcont:ract:or’slien claim,and if TENANTfails to stay the execution of the judgmentby lawfulmeans or to pay the judgment, LANDLORDshall have the right, but not the duty, to pay or otherwise discharge,stay or prevent the executionof any suchjudgmentor lien or both.TENANTshallreimburse LANDLORDfor all sums paid by LANDLORDunderthisparagraph,together with all of LANDLORD’s reasonablecosts plusintereston those sums, and costs at the maximumrate an individualispermittedby lawto charge fromthe date of payment until the dateof reimbursement.

QOVEMENTS

20. TENANTshall not, withoutLANDLORD’spriorwrittenconsent, construct, install,modify, alter, improve,repair or in any way change the Premisesor any structure, facility. appliance or electrical or mechanicalimprovementnow or hereafterin place on the Premises,except for the purposes necessary to dayto-day operation of petanquecourts.

TERMINATION&EXPIRATION
materialand reasonable.Any breachby TENANTof a condition,covenant or provision ofthisleasewill constitutea materialbreach.For any materialbreachby TENANT, LANDLORDshall provide TENANT with a writtennoticethat describesthe breachand demandsthat TENANTcurethe default(if a cure is possible).If TENANTdoes not cure the default within thirty (30) days, or if a cure is not possible,this lease willbe terminated.Terminationofthislease for a breachbyTENANTwillnot occur unlessthe foregoingevents occur. lat . Agenda Item #9.1:

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- 22. TENANT’SDuty to Surrender:At the expirationor earlierterminationof the term, TENANT shallsurrenderto LANDLORDthe possession ofthat portion of the Premises occupiedby TENANT.TENANT shallleave the surrenderedPremises, and any other property, in the same condition as that existing on the commencement date, ordinarywearandtear excepted.All property thatTENANThas used hereundershall become LANDLORD’Sproperty at terminationof the Lease. IfTENANTfails to surrender the Premises at the expirationor sooner terminationof thisLease,TENANTshalldefend and indemnify LANDLORDfrom all liabilityandexpenseresulting from the delayor failure to surrender,including,without limitation,claimsmade by any succeedingTENANTfoundon or resultingfrom TENANT’Sfailure to surrender.

23. HoldingOver: ThisLease shallterminatewithoutfurthernotice at expiration of the term. Any holding-overby TENANTafterexpirationshallnot constitutea renewalor extension or giveTENANTany rightsin or to the Premisesexceptas expresslyprovided in this Lease. Notwithstandingthe foregoing,no terminationofthis Lease shallreleaseTENANT from any liability or obligation hereunder, whether of indemnityor otherwise,resulting from any acts, omissionsor events happeningprior to the date of termination or dateof surrenderif it be later.

Speci?cally.the following shallconstitutea defaultof theTENANT:
a.
_ Failure to pay rent whendue;
b. Use of the Premisesfor any unlawfulpurpose;
a. Abandonmentof the Premises;
d. Assigningor submittingthe leasedPremiseswithout the prior written consent of LANDLORD;
e.
, Committing waste on the leasedPremises;
f. Maintaining,committing,or permittingthe maintenanceor commissionof a nuisance on the leased Premises;
g. Anymaterialfailure to keep the Premisesin a sanitary condition or to dispose of all trashand garbage.
h. Alteringthe Premisesin any manner, except as providedin this lease agreement. i. Failure to performany otherprovision,covenant, or conditionof this lease. j. Upon six (6) monthswritten noticeto the otherparty.

24. NeitherLANDLORDnor LANDLORD’Sagents. employees and officers shall be liablefor any loss of any property ofTENANT or of anyone else by theft or otherwise.In addition,TENANTshall indemnify,hold harmless,release and defend LANDLORD, its agents, officersand employeesfrom and against any and all actions,claims,damages,disabilitiesor expensesincludingwitnesscosts and court costs thatmay be assertedby any person or entity,includingTENANT, arising directly orindirectlyout of or in connection with: /36 Agenda Item #9.1:

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A ~ a. The use of the Premisesin any manner by TENANT,its agents, employees,invitees, licensees, contractors or others, includingany use of thePremises not allowedunder this Lease.
b. Any breach by TENANTof the terms, covenants or conditionsherein contained. a. Any other activitiesof TENANT,its agents, employees,invitees, licensees,contractors or others, arising under this Lease.

ATTORNEY'SFEES

25. In the event that either party hereto shall commenceany legal action or proceeding, including an actionfor declaratoryrelief, against the other by reason of the alleged failureof the other to performor keep. any tenn, covenant or conditionof thislease byhimto be performed or kept, the party prevailing in said action or proceedingshallbe entitled to recover, in additionto his court costs, a reasonableattorney's fee to be ?xed by the court, and suchrecovery shall includecourt costs andattorneys‘ fees on appeal, if any. The Courtwill determinewho isthe “prevailingparty,” whetheror not the suitproceedsto ?nal judgment.However,if an actionis voluntarilydismissed,‘ordismissedpursuant to a settlementof the case, neither party will be entitled to recoverits attorney’sfees.TheCity of Sonomaspeci?callywaives any right to recover trebleor other punitive damagespursuant to CaliforniaCode ‘ofCivilProcedureSection 1174.

CHANGESREQUIRINGCONSENTOF LANDLORD

26. Delegationto City Manager:There are variousprovisionsthroughout thisLease that require consent of the “LANDLORD,”such as, but not limitedto: (1) Nature and extent of use in paragraphs 9 and 10 above;and (2) Assignmentand sublettingin paragraph 11. Except as otherwisespeci?cally set forth, theCity Manageris hereby authorizedto act on behalfof theLANDLORDon all matters requiringLANDLORD’s consent.

NO ?AIVER

27. Waiverby either party of a breach of any covenant ofthisleaseagreement willnot be construed to be a continuingwaiver of any subsequentbreach.No waiverby either party of a provision of this leaseagreement willbe consideredto have beenmade unless expressed inwritingand signed by all parties.

Tl1\/[B OF ESSENCE

28. Time is of the essence of each provision of thislease agreement.

MISCELLANEOUS
convenienceand ease of reference only and do not define, limit, augment or describe the scope, content or intentof thisLease or of any part or parts of thisLease. 30. Gender:The neuter genderincludesthe feminineand masculine,the masculine includesthe feminineand neuter and the feminine includesthe neuter and eachincludescoiporation,partnershipor other legal entity when the context so requires. 31. Singular andPlural:The singularnumberincludestheplural whereverthe context so requires. /31,0 -6, Agenda Item #9.1:

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- 32. Merger: ThisLease is intendedboth as the ?nal expression of the agreement betweenthe parties heretowithrespect to the includedterms and as a completeand exclusive statement of the terms of the agreement, pursuant toCodeof Civil Procedure §l856. No modi?cationof this Lease shall be effective unless and untilsuchmodi?cationis evidencedby a writingsignedby bothparties. No promise,representation, warranty or covenant not includedin thisLeasehas been or isrelied on by either party. Each party hasreliedon his ownexaminationofthisLease, the counsel of his own advisorsand the warranties,representations and covenants in the Lease itself. The failure or refusal of eitherparty to inspectthePremisesor improvements,to read the Lease or otherdocuments,or to obtainlegal or other advicerelevantto thistransaction,constitutesa waiver of any objection,contentionor claimthat mighthave been basedon such reading, inspectionor advice.

33. Successors:Subjectto the provisionsofthisLease on assignment;each and all of the covenants and conditionsof this Lease shall be bindingon and shallinure to the bene?t of the heirs, successors,executors, administrators,assignsand personal representatives of the respective parties.

34. ApplicableLaw: ThisLease shall be construedand interpreted in accordancewith the laws of the State of Californiaexcept as otherwiseexpresslyprovided herein, or as otherwiserequired by applicable law from timeto timeduringthe term.
'

35. CovenantsandConditions:All provisionsof thisLeasewhethercovenants or conditions,on the part of TENANTshallbe deemedto be both covenants and conditionsand such covenants shall survive termination.

36. No Discrimination:TENANTshall complywithall applicablefederal, state and‘local laws, rules and regulationsrelatingto non———discriminat:ion in employmentand servicesbecauseof race, color, ancestry, national origin,religion,sex, maritalstatus, age, medicalconditionand handicap.

SBREICEOF NOTICES

37. For thepurpose of serviceof process and service of notices and demandsonTBNANT.the addressis: ‘ VALLEYonTHEMOONPETANQUECLUB
Attn: FrankPipal
P.0. Box 863
Sonoma, CA 95476
Notices,demands,and serviceof process for the CITY OF SONOMAmay be servedon MICHAELFUSON,City Manager,or his successorat the followingaddress:

CityHall
/3?
Agenda Item #9.1:

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Executedon May 1, 2002, in the City of Sonoma,Countyof Sonoma, State of California.

LANDLORD:

By:

City Manager
Ci lerk
»¢~.__-
42/‘er
TENANT:
¢\ By: E! Q‘
sident—Bcard of Dlrectors
Approvgdas to form:

City Attomey
Agenda Item #9.1:

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:2.-EXHIBIT“A?
Petanque Courts at Depot-Park, City of Sonoma
BEGINNINGat the intersection‘of two fence lines at thenorthwesterlycornerofthe parcel of land-formerlyowned‘by Maysonnave,now ownedby the CityofSonoma,and knownas 289FirstStreet East;rumiingthenceSoutherly 163feeteleng an existing fence lineto thenortherly edge of‘an existing asphalt paved parking.-Iot;' thencerunning Westerly260,feet,along a linede?rieiiibythe northerlyedge of said-pavedparking-lot and the northerlyedge of an asphaltpaved pathway, to the intersectionof said linewith the southerlyprojectionof the easterlyedge of a concrete pathway-;4:m_1xning thence Northerly158feet, along saidsoutherly; projectionline andsaideasfetly;‘edgeof-said concrete pathway, to the westerly,projection of the centerlineof arrowof large eucalyptus trees; thencerunningEasterly260 feet alongsaid tree lineto the..Re'i_nt"of Beginning.

PreparedMarch 18, 1998by:

JohnJ. Bonnoitt RCE 14947
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AMENDMENTNO. 1
to
Lease Agreementbetween . City of Sonoma andValley of theMoonPetanqueClub Whereas, City of Sonoma (“Landlord”) and Valley of the Moon Petanque Club (“Tenant”) enteredintoa Lease Agreement (“Agreement”) datedMay 1,2002 for the leaseof property locatedon FirstStreetEast.inthesoutheasterlyportionof DepotPark in Sonoma, California,hereinreferred to as “OriginalProperty;” and . Whereas,the SonomaSister CitiesAssociationhasrequestedto lease aportionof the Property to twoboececourts; and
Whereas,theBoardof the Valley of theMoon PetanqueClub,at itsmeetingof March 5, 2008, hasapprovedthe allocationof the northeastcornerof the petanque courts for the SonomaSisterCitiesAs'sociation’sbocceeourts. . " IT IS AGREEDthat:

1. Paragraph 14of Agreementpertainingto the descriptionof Propertyis amendedasillustratedand describedinExhibits“A-1,”“B,” and“B-1.” ‘
’ 2. Paragraph2 of Agreementto the term ofthe lease is arnended to state a new terminationdateof July 31, 2018.

3. All other rovisionsofAgreementremain
' Executed
‘ 3 $0" 32008, inthe Cityof Sonoma,Countyof Souoma,State of California.
' LANDLORD:.
~
“ TENANT:

By:

President,Board of
Agenda Item #9.1:

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J]
Agenda Item #9.1:

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Exhibit ,“B-1
”
Description of Premises - BocceCourts
The Bocce Court area is an area adjacent to and north of the existing Petanque Courts located in Depot Park, Sonoma, Californiaand adjacent to and west of 289 FirstStreet East (see Exhibits“A-1”and “B”). The Bocce Court is a rectangular area_approximately 80 feet by 30 feetas depicted in Exhibit“B.” Description of Premises - Amended Petanque Courts Area
The originalPetanque Courts area is described in Exhibit“A”as prepared by John Bonnoit, the former City Engineer for the City of Sonoma. The amended Petanque Courts area is the original area as described in Exhibit“A”minusthe Bocce Court area described above.

Agenda Item #9.1:

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.o/
Agenda Item #9.1:

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AMENDMENTNO. 2
To
Lease Agreement between
City of Sonoma and
Valley of the Moon Petanque Club
This second amendmentto the May 1, 2002 lease agreement between the City of Sonoma and the Valley of the Moon Petanque Club(“Tenant”)is executedat Sonoma California,on September15, 2014.

Whereas,the lease of property locatedon First Street East in the southeasterlyportionof Depot Park in Sonoma,California,hereinreferred to as “OriginalProperty”; Whereas,the Sonoma SisterCities Associationhasrequestedto leasean additionalportion of the Original Property to establishtwo additionalBocce Courts;
Whereas,theBoard of the Valley of the Moon Petanque Club,has approvedthe allocationof the northeast corner of the Petanque Courts for two more courts, for the Sonoma Sister CitiesAssociation’s bocce courts; and Whereas,the Valley of the Moon Petanque Clubrequested allocation of City property to relocate two new Petanque Courts.

IT IS AGREED that’:

1. Paragraph 1 of the Agreementpertainingto the descriptionof Propertyis amended as illustrated and describedinEXHIBITA, with the dimensionsof both the Bocce Courts and Petanque Courts, existingand proposednew courts. EXHIBIT B shows the location and nearbyfeatures of the proposed new courts.

Constructionof new Bocce Courts will be at the expense of the Sonoma SisterCities Association.Tenantobligationsregarding constructionand notification are specified in Section 12 of the Agreement under REQUIREDGOVERNMENTAL APPROVALS and Section 20 of the AgreementunderIMPROVEMENTS.

2. Paragraph 2 of the Agreementpertainingto the term of the lease is amended to state a new termination date of September15, 2024.

3. In accordance with California CivilCode Section 55.53, the City acknowledgesthat the property being leased has not undergonean inspection by a Certi?ed Access Specialist.

4. All otherprovisionof May 1,2002 Agreement remainsunchanged between theCity of Sonoma and the Valley of the Moon Petanque Clubshallremain in full force and effect. '
Executed September15,2014in the City of Sonoma, County of Sonoma, State of California. sident,Board of irectors Date Attest: 2&7
7404/‘/ City Clerk Date
Agenda Item #9.1:

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.-
\|...--.......—.—.....—......-.......--..-....--..-...-—....-.- Agenda Item #9.1:

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.. ..+§.V3..1'°‘19””
_LSElM .LSLSEIH
Agenda Item #9.1:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Mar 2023
Department
Administration
Staff Contact
Mark Linder, Interim City Manager
Agenda Item Title
Discussion, Consideration and Possible Action to adopt a Resolution Approving a New Job Classification and Salary Range of a Community Development Director in the FY23/24 Budget and Directing the Interim City Manager to Initiate the Recruitment Process Summary
The City of Sonoma currently has a Building Department (3 full time staff) headed by the Development Services Director and a separate Planning & Community Services Department (3 full time and 1 part time staff) headed by the (Interim) Planning and Community Services Director. The two departments work closely together, functioning as the City's "Permit Center" to assist contractors, developers and property owners obtain required building permits and project reviews needed prior to and during construction. The departments are also responsible for updating local ordinances and guiding documents to ensure consistency with State/Federal regulations for building, land-use, housing and environmental compliance.

In order to increase organizational efficiencies, the proposed Community Development Director position would combine the high-level departmental oversight functions for the City's current Building Department and Planning and Community Services Department and initiate their integration into a single Community Development Department. The Interim Planning and Community Services Director contract is limited and projected to expire in May 2023. The proposed Community Development Director would fill this immediate vacancy and provide a succession plan for the impending retirement of the City's Development Services Director in FY 23/24.

Staff is recommending the creation of a Community Development Director position that will be added to the non-represented group (management/administrative) at a salary of $13,506 - $16,417 per month. The salary is based on a survey of similar positions in our labor market and internal relationships. A job description and detailed salary range for the proposed Community Development Director position is attached for Council's review and approval. This position would be part of the FY23/24 budget and staff would like to move forward with the recruitment process, so that a qualified individual is on board as soon as possible.

Recommended Council Action
Adopt the resolution approving the new job classification and salary range of a Community Development Director to be included in the FY23/24 budget and direct the Interim City Manger to initiate the recruitment process for this position.

Alternative Actions
Council Discretion.

Financial Impact
Agenda Item #9.2:

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The salary range for the Community Development Director would be set at $13,506 - $16,417 per month. The current salary range for the Planning and Community Services Director is $13,068 - $15,885 per month.

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #9.2:

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City of Sonoma
RESOLUTION #_____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING A NEW JOB CLASSIFICATION OF COMMUNITY DEVELOPMENT DIRECTOR IN THE FY 23/24 BUDGET,

DIRECTING THE CITY MANGER TO INITIATE THE RECRUITMENT PROCESS WHEREAS, the City Council of the City of Sonoma has established among its goals to initiate and organizational assessment for the purpose of succession planning and increased efficiencies; and WHEREAS, the City of Sonoma currently has a Building Department (3 full time staff) headed by a Development Services Director and a separate Planning and Community Services Department (3 full time and 1 part time staff) headed by a (Interim) Planning and Community Services Director; and WHEREAS, the Building Department and the Planning and the Community Services Department work closely together, functioning as the City’s “Permit Center” to assist contractors, developers and property owners obtain required building permits and project reviews; and WHEREAS, the City Council recognizes the opportunity to increase organizational efficiency by combining high-level departmental oversight functions for the City’s Building Department and Planning and Community Services Department; and
WHEREAS, the City’s contract for the Interim Planning and Community Services is limited and projected to expire in May 2023; and
WHEREAS, the impending retirement of the City’s Development Service Director is projected in FY 23/24; and
WHEREAS, the Community Development Director is not currently included in the City’s budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the following:

1. Creation of a new job classification of Community Development Director position in the NonRepresented Executive, Management/Administrative and Confidential Personnel Group

2. Exhibit A - Job Description for Community Development Director

3. Exhibit B - Community Development Director salary range of $13,506 - $16,417 per month to be added to the City of Sonoma Salary Schedule and the FY 23/24 Budget.

4. Authority for the City Manager to initiate the recruitment process to hire the Community Development Director position.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma at its regular meeting held on March 1, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Sandra Lowe, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:

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1 COMMUNITY DEVELOPMENT DIRECTOR

SUMMARY
Direct, manage, oversee and integrate the activities and operations of the Community Development Department, including planning, building, housing, sustainability, and code enforcement divisions; coordinate assigned activities with other departments and outside agencies; foster cooperative working relationships with civic groups, intergovernmental agencies and City staff; and provide highly responsible and complex administrative support to the City Manager.

DISTINGUISHING CHARACTERISTICS
General administrative direction is provided by the City Manager. Responsibilities include the direct and indirect supervision of management, supervisory, professional, technical, and/or support staff. The Director must effectively collaborate with the City Manager, other department directors, neighboring cities, and a variety of local and regional entities.

This class is a department director with responsibility for overall policy development, program planning, fiscal management, and general administrative and operational direction of divisions within the functional areas assigned. The incumbent is responsible for accomplishing the departmental goals and objectives and for furthering City goals and objectives within general policy guidelines. Work is performed with a maximum amount of independence within established policies and procedures set forth by the City Manager and other relevant laws, ordinances and regulations.

ESSENTTIAL DUTIES, SKILLS, AND DEMANDS OF THE POSITION
The duties, skills, and demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with a disability to perform the essential duties, skills, and demands.

DUTIES:

Provide effective management and oversight of all Community Development services and activities, including planning, building, housing, sustainability and code enforcement.

Develop, plan, and implement department goals, providing strong direction about objectives, policies, procedures, and priorities; oversee short-and long-term planning.

Provide effective direction, oversight, and participate in the execution of the Community Development Department work plan; assign work activities, projects, and programs; monitor workflow; and review and evaluate work products, methods, and procedures.

Participate in the development and administration of the operations and Capital Improvement Program budget, and the Community Development Department budget, including sources of funding; direct the forecast of additional funds needed for staffing, equipment, materials and supplies; monitor and approve departmental expenditures; and direct preparation and Agenda Item #9.2:

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2 implementation of budgetary adjustments as necessary.

Select, train, and motivate, personnel; foster an atmosphere of collaboration and mutual respect; provide or coordinate staff training; conduct performance evaluations on a timely basis; implement discipline procedures; and maintain discipline and high standards necessary for the efficient and professional operation of the department.

Contribute to the overall quality of the department’s services by developing, reviewing, and implementing policies and procedures that support a cohesive workflow among the various, often interdependent department divisions.

Monitor and evaluate the efficiency and effectiveness of department methods and procedures and administrative and support systems; identify opportunities for improvement; and direct the implementation of changes.

Advise and consult City management and support staff regarding ongoing community development issues, initiatives and concerns facing the City.

Supervise the development and implementation of growth management and land use to meet the City’s needs and governmental agreements or requirements.

Evaluate land use proposals to ensure compliance with applicable City, State and Federal laws.

Meet and collaborate with developers, engineers, property owners, contractors, and other agencies to discuss merits and concerns of development proposals; provide various parties with guidance on how to proceed; oversee negotiations and agreements regarding environmentrelated issues, rights-of-way, open space easements, and financial participation; and discuss the status of development projects with applicants.

Direct, coordinate and review amendments and updates to the General Plan; provide plan and code interpretation as needed; provide analysis, recommendations, and implementation of policies and procedures; and develop and present recommendations on a variety of permits, maps, ordinances, zone changes and applications.

Oversee and manage the development review process, planning, zoning and permitting; ensure compliance with building codes; and develop the City housing element and manage set-aside funds.

Support transparent and effective communication in dealings with City departments, elected officials, outside agencies and the general public; explain and interpret departmental programs, policies, and activities; and effectively negotiate and resolve significant and controversial issues.

Conduct public engagement regarding departmental programs and activities; represent the department to outside groups and organizations; participate in outside community and professional groups and committees providing technical assistance as necessary.

Participate in and make presentations to the City Council, Planning Commission, Design Review and Historic Preservation Commission, Climate Action Commission and a variety of boards and commissions; attend and participate in professional group meetings; and stay abreast of new trends and innovations in the field of community development.

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3 Maintain and direct the maintenance of working and official departmental files, including accurate and complete records related to licenses, permits, maps, etc.

Monitor change in laws, regulations, and technology that may affect City or departmental operations and implement policy and procedural changes as required.

Conduct organizational and operational studies; recommend modifications to programs, policies, and procedures as appropriate.

Respond to and resolve difficult and sensitive inquiries and complaints from the public and represent the City on all issues related to assigned areas of responsibility.

Direct the negotiation and execution of a variety of contracts and agreements; ensure outside contractors and consultants comply with City standards.

Performs related duties as assigned.

SKILLS AND ABILITIES:

Plan, organize, manage, coordinate, and supervise the functions and services of the department to achieve efficient operations and achieve program goals.

Direct the gathering, organization, analysis, and presentation of a variety of data and information.

Prepare clear, concise, and accurate records and reports. Evaluate, formulate, and develop recommendations on improvements to City operations, programs, and services.

Provide advice and consultation to the City Council on the development of ordinances, regulations, programs, and policies.

Communicate clearly and concisely orally and in writing during public presentations and meetings with internal staff, City Council and commissions and committees.

Exercise supervisory and management authority tactfully and effectively.

Effectively represent the City’s policies, programs, and services with the public, community organizations, City staff, and other government agencies.

Research and analyze new service delivery methods and procedures.

Exercise sound, independent judgment within established guidelines.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Establish and maintain cooperative working relationships with those contacted in the course of duties.

PHYSICAL DEMANDS AND WORK ENVIRONMENT:

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4 Employee works in an office environment and is regularly required to sit at a desk and in meetings for long periods of time; talk or hear in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. Must intermittently, twist to reach equipment surrounding desk; walk to observe department activities; bend and squat to perform file searches; perform simple grasping and fine manipulation; use telephone and write or use a keyboard to communicate through written means. Employee must operate a motor vehicle to visit and inspect various City sites and attend meetings. Meetings occur during normal hours and evenings, often stretching into late nights.

QUALIFICATIONS
KNOWLEDGE OF:

Principles and practices of public administration including administrative analysis, fiscal planning, and control, policy, and program development.

Principles, methods and techniques of code and regulation development and adoption relating to development service functions.

Advanced principles and practices of land use including zoning, comprehensive planning, environmental and development regulations.

Administration of building, fire, construction, public health, planning and related laws, codes, ordinances and methods of review and inspection to ensure compliance.

Legal mandates of code enforcement programs.

Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.

Principles and practices of budget preparation and administration.

Information sources, and research and data analysis techniques related to urban growth and development.

Principles and practices of effective public relations.

Principles and practices of leadership, motivation, teambuilding, and conflict resolution.

Principles and practices of supervision, training, and performance evaluation.

Office procedures, methods, and equipment including computers and software applications such as word processing, spreadsheets, and databases.

EDUCATION AND EXPERIENCE
Any combination equivalent to the education and experience likely to provide the required knowledge and abilities would be qualifying. A typical way to gain such knowledge and abilities is described below.

EDUCATION:

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5 A Bachelor's degree with major course work in planning, public administration, business administration, or a field related to the essential functions of this position. A Master’s degree with major course work in a related field is desirable.

EXPERIENCE:

Seven years of progressively responsible, professional public sector experience in city planning, including three years in a supervisory capacity.

CERTIFICATIONS/LICENSES:

Possession of a valid California Class C driver’s license.

AICP (American Institute of Certified Planners) Certification is desirable.

ADDITIONAL REQUIREMENTS:

May require attendance at meetings, conferences, and seminars during work and non-work hours.

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EXHIBIT B ‐ PROPOSED ADDITION ABCDE
Community Development Director 162,076 170,179 178,688 187,623 197,004 ABCDE
13,506 14,182 14,891 15,635
*Currently in City Salary Schedule ABCDE
Planning and Community Services Director 156,822 164,663 172,896 181,541 190,618 ABCDE
13,069 13,722 14,408 15,128 15,885
Annual
Monthly
Annual
Monthly
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Sonoma City CouncilMarch 1, 2023

Sonoma City Council
March 1, 2023