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, April 19, 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 (Gurney, Wellander, Ding, Farrar-Rivas, Lowe)
PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings
REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.
2. MEETING DEDICATIONS
3. PRESENTATIONS
4. COUNCILMEMBERS’ REPORTS AND COMMENTS
4.1: 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.
5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
6. CITY ATTORNEY COMMENTS
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: Receive Minutes from the Regular Meeting of April 3, 2023 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive Minutes.
04.03.2023 Regular Meeting Minutes
5 - 7
7.3: Adopt a Resolution Approving the 2024 Citywide Surface Treatment as the Project for Fiscal Year 2023-24 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and Authorize the Public Works Department to Submit this Project to the California Transportation Commission (Oriana Hart, Public Works Administration & Project Manager)
RECOMMENDATION: Adopt the resolution.
Agenda Report - SB1 Funds - Roads Surface Treatments - Pdf 8 - 13
7.4: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Ghirardelli Associates, Inc. for Construction Management, Inspection and Materials Testing Services for the Chase Street Bridge Replacement Project, Federal Project No. CML-5114(016) (Project), for an amount not to exceed $500,692.16 (Michael Berger, Public Works Director/City Engineer) RECOMMENDATION: Adopt the Resolution.
Agenda Report - Contract to Ghirardelli Associates for Chase St Bridge - Pdf Item 7.4 - Exhibit A - DISTRIBUTED AT COUNCIL MEETING
14 - 51
7.5: Adopt a Resolution Adopting the Specifications for the Depot Park Museum HVAC Project No. 2301 (Project); Accepting the Bids and Awarding a Contract to Peterson Mechanical of Sonoma, CA; Authorizing a Mid-Year Budget Adjustment to Fund 304-50000-703-70703 in the Amount of $57,000.00; and Authorizing the City Manager to Execute a Construction Contract in the Amount of $217,000.00 (Oriana Hart, Public Works Administration & Project Manager)
RECOMMENDATION: Adopt the Resolution.
Agenda Report - Peterson Mechanical for Depot Museum HVAC - Pdf Item 7.5 - Table 1 - DISTRIBUTED AT COUNCIL MEETING
52 - 56
7.6: Accept the Expenditure Report for the Month of March 2023 (Liz Garcia, Deputy Finance Director)
RECOMMENDATION: Accept report.
Agenda Report - Expenditures - March 2023 - Pdf
57 - 64
7.7: Adopt a Resolution Approving Compensation Adjustments for Certain NonRepresented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel, and Implementing the Adjusted Salaries and Wages of the Non-represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel (Mark Linder, Interim City Manager)
RECOMMDATION: Adopt the resolution.
Agenda Report - Approve Compensation Adjustments for Management Positions - Pdf
65 - 68
8. PUBLIC HEARING
8.1: Discussion, Consideration, and Possible Action to Introduce an Ordinance amending the Sonoma Municipal Code Title 19 of the Sonoma Municipal Code, to Move Section 19.50.090 (Accessory dwelling units) from Chapter
19.50 (Special Use Standards) to New Chapter 19.45 (Accessory Dwelling Units) and Amending the Section to Allow Second Story ADUs Without a Use Permit and to Comply with New State Laws and Finding the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and Section 15061(B)(3) – General Rule – of the CEQA Guidelines (Kristina Tierney, Associate Planner)
RECOMMENDATION: Introduce the ordinance.
Agenda Report - Accessory Dwelling Unit (ADU) Ordinance - Pdf 69 - 92
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
9.1: Update on FY 2022-23 Budget to Actuals and Discussion, Consideration and Possible Action to Adopt a Resolution Regarding Mid-Year Budget Amendments to the City of Sonoma’s Operating and Capital Budgets for FY 2022-23 (Elizabeth Garcia, Deputy Finance Director)
RECOMMENDATION: Discussion and direction.
Agenda Report - 2022-23 Mid-Year Budget Amendments - Pdf 93 - 100
9.2: Discussion, Consideration, and Possible Action Regarding: 1) Whether to Allow the Opportunity for a Second Retail Storefront Commercial Cannabis Dispensary to Operate Within the City; and, if so, 2) Direct Staff to issue a Request For Proposals (RFP) for a Second Retail Storefront Commercial Cannabis Business in the City (Laura Simpson, Interim Planning & Community Services Director)
RECOMMENDATION: Discussion and direction.
Agenda Report - Second Cannabis Dispensary - Pdf
101 - 110
9.3: Discussion, Consideration, and Possible Action to Adopt a Resolution Authorizing the Mayor to Execute an Employment Agreement with the City Manager (David Ruderman, City Attorney & Mark Linder, Interim City Manager) RECOMMENDATION: Adopt the Resolution.
Agenda Report - City Manager Contract - Pdf
111 - 114
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.
City Council:
Sandra Lowe, Mayor
John Gurney, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
Ron Wellander
REGULAR MEETING MINUTES
OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Monday, April 3, 2023
6:00 PM Regular Meeting
6:00 P.M. – REGULAR MEETING
CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Lowe called the meeting to order at 6:00 pm.
PUBLIC COMMENT PROCESS FOR ZOOM ATTENDANCE AT MEETINGS
ROLL CALL
PRESENT: Mayor Lowe, Council Member Ding, Vice Mayor Gurney, Council Member Wellander ABSENT: Council Member Farrar-Rivas
REPORT ON CLOSED SESSION
There were no reportable actions taken in Closed Session.
APPROVAL OF AGENDA
Motion by Vice Mayor Gurney, seconded by Council Member Ding, to approve the agenda as presented with item 8.1 being pulled and continued to the May 17, 2023, Council meeting. Motion carried 4-0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
1. COMMENTS FROM THE PUBLIC
Laurie Gallian, Stephanie Fine, Gil Latimer, and David Eichar provided public comments.
2. MEETING DEDICATIONS
Council Member Ding dedicated the meeting to both Paul Day and Eriz Mcvey. Mayor Lowe dedicated the meeting to Mario Alioto.
3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Ding attended the Sonoma Valley Groundwater Agency, which was the first in-person meeting held since COVID-19. Fortunately, the groundwater levels locally are looking much healthier after the recent rainfalls. The group started working on budget preparation for the 2023-24 fiscal year.
Council Member Ding also attended a Sonoma County Continuum of Care meeting.
Council Member Wellander attended a Water Advisory Committee meeting where they reminded individuals that there will be a modest increase in water costs soon based on volumes.
Vice Mayor Gurney attended a three-day Planning Commissioner Academy in Southern California, along with Council Member Farrar-Rivas, which he found very informative and beneficial.
During the past two weeks, Mayor Lowe participated in several events such as the Sonoma Valley Film Festival, Alcalde Reception, and Treasure Artist Reception. Additionally, as discussed at the March 15, 2023, Council meeting, Mayor Lowe wrote a letter to Assembly Member Aguiar-Curry, expressing the City’s apprehensions about losing the option to conduct all meetings remotely in the future.
4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
Interim City Manager Linder provided an update on pedestrian safety on Broadway. While in the initial stages of drilling holes to place equipment for the pedestrian lighting equipment, Public Works ran into two issues. The holes which were drilled were filled with rain due to the recent heavy rainfalls. The City will need to wait until the rain dries up before continuing work. Secondly, they ran into a conduit, which is owned by Comcast, which will need to be relocated before any future work is completed. The City anticipates having the pedestrian lighting equipment installed and operational by July 2023.
5. CITY ATTORNEY COMMENTS
None.
Agenda Item #7.2:
6. PRESENTATIONS
Item 6.1: Proclamation Recognizing April 1-7, 2023, as The Week of the Young Child (Rebekah Barr, MMC, City Clerk)
Item 6.2: Proclamation Recognizing April 2023 as Sexual Assault Awareness Month (Rebekah Barr, MMC, City Clerk)
Item 6.3: Presentation Regarding the New Teleconferencing Options Under the Brown Act with the Termination of the Statewide COVID Emergency Declaration (David Ruderman, City Attorney)
Item 6.4: Part Three of Five Reports: Presentation of Annual Reports From City of Sonoma Community Services Providers (Lisa Janson, Senior Management Analyst)
7. CONSENT CALENDAR – CITY COUNCIL
Motion by Vice Mayor Gurney, seconded by Council Member Ding, to approve the agenda as presented. Motion carried 4-0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
Item 7.2: Receive Minutes from the Regular Meeting of March 15, 2023 (Rebekah Barr, MMC, City Clerk)
Action: Minutes were received.
Item 7.3: Adopt a Resolution Authorizing Participation in the TAWWC Opioid Settlement and Authorizing the Interim City Manager to Execute the Related Participation Agreements (Mark Linder, Interim City Manager)
Action: Adopted as Resolution #17-2023.
8. PUBLIC HEARING
Item 8.1: Conduct a Public Hearing to Consider Adopting a Resolution establishing Housing In-Lieu Fees pursuant to the Inclusionary Housing Ordinance for Fractional Inclusionary Units and Small Residential Projects, and Pursuant to the City’s Residential Component Ordinance, with a Finding that the Adoption of this Resolution Establishing Housing In-Lieu Fees is not a “Project” under the California Environmental Quality Act Guidelines Sections 15378(b)(4) and 15061(b)(3) (Laura Simpson, Interim Planning & Community Services Director) Action: Item was pulled from consideration and continued to the May 17, 2023, meeting.
Item 8.2: Conduct a Continued Public Hearing to Adopt a Resolution updating the City of Sonoma Master Fee Schedule for the FY 2022-23 (Liz Garcia, Deputy Finance Director)
Action: Adopted as Resolution #18-2023.
Open Public Hearing: 7:27 pm
Public Comment: Robert Demler
Close Public Hearing: 7:30 pm
Motion by Council Member Wellander, seconded by Council Member Ding, to Adopt a Resolution updating the City of Sonoma Master Fee Schedule for FY 2022-23. Motion carried 4-0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
Mayor Lowe called for recess at 7:39 pm; Council reconvened at 7:46 pm.
9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Consideration, Discussion, and Possible Action to Make Appointments to the City of Sonoma Planning Commission, Cultural & Fine Arts Commission, Design Review and Historical Preservation Commission, Parks, Recreation, and Open Space Commission, and Traffic Safety Committee and Possibly Waive Residency Requirement for the Cultural & Fine Arts Commission (Rebekah Barr, MMC, City Clerk)
Action: Council ratified the appointments.
Motion by Council Member Wellander, seconded by Vice Mayor Gurney, to appoint John Meserve to the Parks, Recreation, and Open Space Commission as the Arborist Member. Motion carried 4- 0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
Agenda Item #7.2:
Motion by Mayor Lowe, seconded by Council Member Ding, to appoint Jared Mellinger to the Parks, Recreation, and Open Space Commission as the Youth Member. Motion carried 4-0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
Motion by Mayor Lowe, seconded by Council Member Ding, to appoint Mary Miller to the Planning Commission, effective April 5, 2023, as the Youth Member. Motion carried 4-0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
Council Member Ding appointed Scott Van Wagner as his direct appointment to the Cultural & Fine Arts Committee.
Motion by Mayor Lowe, seconded by Council Member Ding, to appoint Meredith Knudsen to the Cultural & Fine Arts Commission as the Alternate Member, waiving the residency requirements.
Motion carried 4-0-1 with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
By consensus of the Council, Mario Alioto was appointed to the Cultural & Fine Arts Commission as the Youth Member.
Motion by Mayor Lowe, seconded by Vice Mayor Gurney, to appoint Sofia DeTorres to the Design Review & Historic Preservation Commission as the Youth Member. Motion carried 4-0-1, with Vice Mayor Gurney, Council Member Wellander, Council Member Ding and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
Council made their direct appointments to the Traffic Safety Committee as follows:
Mayor Lowe - Adam Lobsinger
Vice Mayor Gurney - Gregory Brennan
Council Member Wellander - Mark Branconi
This item will be brought back for consideration of the alternate and youth member positions once the City has received more applications for this committee.
Item 9.2: Consideration, Discussion, and Possible Action to Review Letters of Interest Received and Give Direction to Mayor Lowe or Her Designee Regarding Nominations for Appointees to Regional Commissions & Committees on Behalf of the Mayors' and Councilmembers' Association of Sonoma County and the City Selection Committee (Rebekah Barr, MMC, City Clerk)
Action: Council provided direction.
Item 9.3: Consideration, Discussion, and Possible Action to Adopt a Resolution Authorizing the Interim City Manager to Execute a Letter of Engagement with Baker Tilly US, LLP in an Amount not to Exceed $50,000 to Provide Expert Finance Advisory Services Needed to Complete Prior Year Audits and Develop the City's FY2023-24 Budget (Mark Linder, Interim City Manager)
Action: Adopted as Resolution #19-2023.
Motion by Council Member Ding, seconded by Vice Mayor Gurney, to Adopt a Resolution Authorizing the Interim City Manager to Execute a Letter of Engagement with Baker Tilly US, LLP in an Amount not to Exceed $50,000 to Provide Expert Finance Advisory Services Needed to Complete Prior Year Audits and Develop the City's FY2023-24 Budget. Motion carried 4-0-1, with Vice Mayor Gurney, Council Member Wellander, Council Member Ding, and Mayor Lowe voting YES and Council Member Farrar-Rivas absent.
10. COMMISSION AND COMMITTEE ROSTER
Informational only; no action will be taken.
11. ADJOURNMENT
Mayor Lowe adjourned the meeting at 8:12 pm.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Sonoma City Council on the ____ day of April 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Public Works
Staff Contact
Oriana Hart, Public Works Admin & Project
Manager
Agenda Item Title
Adopt a Resolution Approving the 2024 Citywide Surface Treatment as the Project for Fiscal Year 2023-24 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and Authorize the Public Works Department to Submit this Project to the California Transportation Commission.
Summary
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multimodal transportation funding shortfalls statewide. SB 1 increased gasoline/diesel taxes and vehicle registration fees to address basic road maintenance and rehabilitation needs on both state highways and local roads. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.
On August 15, 2018, the California Transportation Commission (CTC) adopted the 2019 Local Streets and Roads Funding Program Reporting Guidelines. The Reporting Guidelines require that pursuant to Streets and Highway Code (SHC) Section 2034 (a)(1), prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the State Controller each fiscal year, local agencies must provide the CTC a list of projects proposed to be funded using RMRA funds pursuant to an adopted resolution of the local agency governing body by May 1st of each year. The resolution must include a description (including locations) of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements.
In addition, pursuant to SHC Section 2034(b), the City must submit documentation to the CTC detailing the expenditure of those funds for each fiscal year in which an apportionment of RMRA funds is received and upon expenditure of funds. The documentation must include a description and location of each completed project, the amount of RMRA funds expended on the project, the project completion date, and provide an opportunity for the City to report on the progress and expenditures associated with multi-year projects that are not yet complete.
The expenditure report submittal is due by October 1st each year. The expenditure report can differ from the project list submittal mentioned above.
Fiscal Year 2023-24 RMRA Funds
The City is anticipated to receive $266,459 in RMRA funding in Fiscal Year 2023-24, which will enable the City to continue essential road maintenance projects that would not have otherwise been possible without SB 1.
City staff is proposing to combine SB1 Funding from Fiscal Year 2022-23 and Fiscal Year 2023-24 for the 2024 Citywide Surface Treatment Project. This project is a part of the City’s Agenda Item #7.3:
commitment to keeping the City’s streets in a safe and functional condition for multi-modal circulation. The project will include surface treatment of various street and multi-use pathway segments throughout the City of Sonoma.
Surface Treatments are cost-effective pavement maintenance. Successive years of collecting pavement condition data shows that it is far more economical to preserve roads than to delay repairs and reconstruct roads. National data indicate that every $1 spent on maintaining the pavement surface saves $5 on major rehabilitation that will be required if the maintenance activities are not conducted. The Metropolitan Transportation Commission has stated that preventive maintenance (such as pavement life-extending surface seals) are where the City will get the most from its money.
The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets are in “good” condition and the revenue received from SB 1 will help us maintain our current condition, and potentially increase the overall quality of our road system over the next decade. The RMRA project list and overall investment in our local street infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices where possible, will have significant positive co-benefits statewide.
Recommended Council Action
It is recommended the City Council adopt a resolution approving the 2024 Citywide Surface Treatment Project as the project for Fiscal Year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017 and authorize the Department of Public Works to submit this project to the CTC.
Alternative Actions
City Council discretion. Please note that adopting a resolution as recommended by City staff is required to receive RMRA funding from SB 1. The City must submit an approved project list to the CTC by May 1, 2023.
Financial Impact
In Fiscal Year 2023-24, the City is anticipated to receive $266,459 in RMRA funding. The funds received are proposed to be used for the 2024 Citywide Surface Treatment Project construction. This Project will be included in the Fiscal Year 2023-24 budget request to the City Council.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - SB1 Funds - FY 23_4
Alignment with Council Goals:
Agenda Item #7.3:
Compliance with Climate Action 2020 Target Goals:
CC:
n/a
Agenda Item #7.3:
City of Sonoma
RESOLUTION # - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING THE 2024 CITYWIDE SURFACE TREATMENT AS THE PROJECT FOR FISCAL YEAR 2023- 24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND AUTHORIZE THE PUBLIC WORKS
DEPARTMENT TO SUBMIT THIS PROJECT TO THE CALIFORNIA
TRANSPORTATION COMMISSION
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Sonoma are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Sonoma must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Sonoma, will receive an estimated $266,459 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Sonoma is receiving SB 1 funding and will enable the City of Sonoma to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Sonoma conducts a public process each year as part of the annual budget adoption to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Sonoma used a Pavement Management System (PMS), consisting of approximately 33.79 centerline miles of paved roadways, to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and Agenda Item #7.3:
WHEREAS, the funding from SB 1 will help the City of Sonoma maintain and rehabilitate many streets throughout the City of Sonoma this year and numerous similar projects into the future; and WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City of Sonoma’s streets and roads are in “good” condition and this revenue will help us maintain our current condition, and potentially increase the overall quality of our road system over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices where possible, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby finds the foregoing recitals are true and correct.
BE IT FURTHER RESOLVED that the City Council of the City of Sonoma hereby approves the following project for Fiscal Year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017:
2024 Citywide Surface Treatment Project: This project is a part of the City's commitment to keeping the City's streets in a safe and functional condition for multi-modal circulation. The project will include surface treatment for various street segments throughout the City of Sonoma. A draft list of the street segments selected so far for the projectis included below (list is subject to change):
Street Name Begin End
Fryer Creek Clay Street Hiking Path
Fryer Creek Hiking Path Newcomb St
Picket St Clay St Fryer Creek Dr
Nash Street Clay St Picket St
Todd Ave Fryer Creek Dr Dead End
Lubeck St Fryer Creek Dr Todd Ave
Fifth St West W. MacArthur St 175’ S/O W MacArther
Fifth St West 175 S/O W. MacArther Harrington Dr
Mariano Dr Fano Ln House #705
Mitchell Way Joaquin Dr Cul de Sac E/O Linda Dr
Heather Ln Dead End Andrieux St
Juniper Ct White Briar Dr Cul de Sac
Specifically, the improvements will consist of surface preparation; crack sealing; removal and replacement of pavement striping markings; protection of existing utility structures, curb and gutter, and cross gutter; and other related work. The surface treatment may include slurry seal, double fiber, AR rubber cape seal or a three-step process treatment and is expected to be completed in 2024. This will have an estimated life of approximately five years or greater.
Agenda Item #7.3:
BE IT FURTHER RESOLVED that the City Council of the City of Sonoma hereby authorizes the Department of Public Works to submit this project to the California Transportation Commission.
ADOPTED this 19th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Lowe, Mayor
ATTEST:
Rebekah Barr, City Clerk
Agenda Item #7.3:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Ghirardelli Associates, Inc. for Construction Management, Inspection and Materials Testing Services for the Chase Street Bridge Replacement Project, Federal Project No. CML-5114(016) (Project), for an amount not to exceed $500,692.16
Summary
The Chase Street Bridge is a timber stringer structure with steel plates and an asphalt concrete (AC) paved deck. The bridge is located on Chase Street over Nathanson Creek, between Broadway and Austin Avenue, in the City of Sonoma. The City has been approved to receive Federal Highway Bridge Program (HBP) funds for the replacement of the existing bridge. The project will replace an existing structurally deficient bridge and provide a safe creek crossing for drivers, bicyclists and pedestrians and has been approved to receive $1,601,743 of Federal Highway Bridge Program (HBP) grant funding. The construction contract to build the bridge will be out to bid with an anticipated award date of May 15, 2023.
The Construction Management, Inspection and Materials Testing Services scope of work for the project consists of resident engineer and construction inspection services, public outreach and assistance, materials and source inspection and testing, storm water pollution prevention quality assurance, construction staking quality assurance, biological monitoring and arborist services.
A Construction Management, Inspection and Materials Testing Request for Proposals (RFP) for the Project was advertised on July 25, 2022 and proposals were due on September 8, 2022, providing six weeks for consultants to respond and prepare proposals. There was high interest and general awareness of the RFP, as the RFP was downloaded early and included approximately twenty-two potential prime consultants. The City received three proposals from highly qualified consulting firms to perform the work, listed in the table below. The RFP process followed Federal-Aid guidelines and included a Disadvantaged Business Enterprise (DBE) goal of 8.0%.
Proposer Name Company Location
1 Ghirardelli Associates, Inc. Richmond, CA
2 MNS Engineers Inc. Oakland, CA
3 Coastland Santa Rosa, CA
The proposals were reviewed by Public Works staff, supplemented with on-call consultant, Consor, Inc.. In addition, each proposer participated in an in person interview with questions and answers as part the evaluation process. Both proposal and interview were scored based on published criteria in the RFP.
Agenda Item #7.4:
Based on the scores tabulated between all reviewers, Ghirardelli Associates, Inc. was deemed the most qualified for the Project. A draft agreement with Ghirardelli, Inc is attached. Caltrans is performing a financial review of the proposed contract. After receipt of Caltrans’ Financial Review Letter and resolution of any findings, the City may execute the agreement.
BUDGET
On June 22, 2022, the City Council adopted the Fiscal Year 2022/23 Capital Improvement (CIP) Budget. This budget included funding for the Project, as follows:
$228,713 Gas Tax (302-51001)
$105,735 Transportation Measure M (313-54000)
$1,601,743 Highway Bridge Replacement and Rehabilitation (HBRR) Grant Funds $1,936,191 Total Project Budget – CIP Project T-1
It is anticipated that HBRR Funds will be scaled to accommodate the market bids received for this project and that this will be inclusive of construction management funds. The Project Budget above reflects the engineers estimate as envisioned during the FY22/23 budget cycle.
Ghirardelli Associates was selected as the most qualified company to assist the City in overall project success.
Recommended Council Action
Adopt a resolution authorizing the City Manager to execute a Professional Agreement with Ghirardelli, Inc. for an amount not to exceed $500,692.16 and to revise the agreement as needed to resolve any contractual concerns raised by Caltrans.
Alternative Actions
Council discretion.
Financial Impact
CIP Project T-1 existing budget is not sufficient for project construction, construction management, inspection and materials testing services. The City has been awarded HBRR funds to replace the Chase Street Bridge. The HBRR fund programmed for this year is $1,601,743., however the funding procedure for HBRR allows for the funds to scale according to the actual project costs. It is anticipated that following the award of the construction contract, the City will apply for additional funds from Caltrans and the HBRR will fund up to 88.53% of the total project costs inclusive of construction management and thus this contract with Ghirardelli Associates. Additional project funding from the City of Sonoma for the other
11.47% of the project have been allocated in the City’s Capital Improvement Program Fiscal year 22/23 budget. State Gas Tax funding of $228,713. as well as the City’s Transportation Measure M fund of $105,735.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #7.4:
Attachments
Contract Award Resolution_Ghirardelli CM
DRAFT -Ghirardelli Associates CM Contract
Agenda Item #7.4:
City of Sonoma
RESOLUTION # ___- 2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GHIRARDELLI ASSOCIATES INC.
FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $500.692.16 FOR CHASE STREET
REPLACEMENT BRIDGE PROJECT
WHEREAS, the Chase Street Bridge Replacement Project, City Capital Improvement Program (CIP) Project T-1, Federal Project No. CML-5114(016) (project) was advertised for Request for Proposals and three (3) proposals were received on September 8, 2022; and WHEREAS, Ghirardelli Associates Inc. of Richmond, California has been determined to be the most qualified for the Project construction management, inspection and materials testing services; and
WHEREAS, the City Council budgeted a total of $1,936,191 in Fiscal Year 2022/23 inclusive of a current minimum of $1,601,743 in HBRR grant funds inclusive of the cost of construction administration and engineering support during construction; and WHEREAS, the solicitation for the project is anticipated to be released within the week upon the receipt of the Caltrans’s Financial Review Letter; and
WHEREAS, the HBRR funding is such that it is scales according to the cost of received bids for the project at a cost reimbursement ratio of 88.53%.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma authorizes the City Manager to execute an agreement with Ghirardelli Associate, Inc. for construction management, inspection and materials testing services in the not-to-exceed amount of $500,692.16 for the Chase Street Bridge Replacement Project, after the City receives and resolves any findings in Caltrans’ financial review letter.
BE IT FURTHER RESOLVED that the City Manager, in consultation with the City Attorney, may make revisions to the professional services agreement in order to comply with any Caltrans findings, comments, and/or requirements regarding the proposed services.
PASSED AND ADOPTED by the City Council of the City of Sonoma this 19th day April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
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Professional Services Agreement (“PSA”)
Federal Funds
AGREEMENT FOR CONSULTING SERVICES
This agreement (“Agreement”), dated as of , 20 (“Effective Date”) is made by and between the City of Sonoma, herein called the (“City”), and Ghirardelli Associates the consultant (“Consultant”).
R E C I T A L S
WHEREAS, Consultant represents that it is a duly qualified construction management consultancy, experienced in the construction project management, inspection and related services; and WHEREAS, in the judgment of the Department of Public Works, it is necessary and desirable to contract for the services of Consultant for Construction Management, Inspection and Materials Testing Services for Chase Street Bridge Replacement Project Federal Project BRLS-5114(016).
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows:
A G R E E M E N T
1. Scope of Services
1.1. Consultant's Specified Services
Consultant shall perform the services described in Exhibit A and the approved Consultant’s Cost Proposal dated November 1, 2022, attached hereto and incorporated herein by this reference (“Scope of Work”), within the times or by the dates provided for in the Scope of Work and pursuant to Article 7, Prosecution of Work. In the event of a conflict between the body of this Agreement and the Scope of Work, the provisions in the body of this Agreement shall control.
1.2. Cooperation With City.
Consultant shall cooperate with City and City staff in the performance of all work hereunder.
1.3. Performance Standard.
Consultant shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Consultant’s profession. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release of Consultant’s obligations under the Section. If City determines that any of Consultant’s work is not in accordance with such level of competency and standard of care, City, in its sole discretion, shall have the right to do any or all of the following: (a) require Consultant to meet with City to review the quality of the work and resolve matters of concern; (b) require Consultant to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.
Agenda Item #7.4:
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Assigned Personnel.
Consultant shall assign only competent personnel to perform work hereunder. In the event that at any time City, in its sole discretion, desires the removal of any person or persons assigned by Consultant to perform work hereunder, Consultant shall remove such person or persons immediately upon receiving written notice from City.
Any and all persons identified in this Agreement or any exhibit hereto as the project manager, project team, or other professional performing work hereunder are deemed by City to be key personnel whose services were a material inducement to City to enter into this Agreement, and without whose services City would not have entered into this Agreement. Consultant shall not remove, replace, substitute, or otherwise change any key personnel without the prior written consent of City.
In the event that any of Consultant’s personnel assigned to perform services under this Agreement becomes unavailable due to resignation, sickness or other factors outside of Consultant’s control, Consultant shall be responsible for timely provision of adequately qualified replacements.
1.4. Consultant’s Reports or Meetings.
Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the cost administrator designated by City (“Contract Administrator”) to determine, if Consultant is performing to expectations, or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
Consultant’s Project Manager shall meet with City’s Contract Administrator, as needed, to discuss progress on the Agreement.
1.5. Federal Requirements.
Consultant shall comply with all applicable federal requirements as set forth in Exhibit A, “Federal Requirements – FHWA” (the “Federal Requirements”). In the event of any conflict between the body of this Agreement and the Federal Requirements, the Federal Requirements shall control.
2. Allowable Costs and Payments.
2.1. Method of Payment.
The method of payment for this Agreement will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the cost proposal approved by City and included within the Scope of Work attached to this Agreement (“Cost Proposal”) unless additional reimbursement is provided for by contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work specified in this Agreement is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Article 2.7 shall not be exceeded, unless authorized by contract amendment.
2.2. Transportation & Subsistence.
Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
2.3. Milestone Costs.
When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior Agenda Item #7.4:
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written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
2.4. Progress Payments.
Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the Scope of Work, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Article 4 “Termination”.
The City shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to Consultant as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
2.5. Payment
No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
2.6. Invoices.
Consultant shall submit its bills in arrears on a monthly basis in a form approved by City's Auditor and the Director of the City Department receiving the services. The bills shall show or include: (a) the task(s) performed; (b) the time in quarter hours devoted to the task(s); (c) the hourly rate or rates of the persons performing the task(s); and (d) copies of receipts for reimbursable materials/expenses, if any. Expenses not expressly authorized by the Agreement shall not be reimbursed, including a copy of all invoices paid to sub-consultants for work required included in the prime consultant’s invoice. Consultant shall submit a Subconsultant Payment Declaration with each invoice.
Unless otherwise noted in this Agreement, payments shall be made within the normal course of City business after presentation of an invoice in a form approved by the City for services performed.
Payments shall be made only upon the satisfactory completion of the services as determined by the City.
Invoices shall be mailed to City’s Contract Administrator at the following address:
CITY OF SONOMA, DEPARTMENT OF PUBLIC WORKS
ORIANA HART
NO.1 THE PLAZA
SONOMA, CA 95476
2.7. Contract Value.
The total amount payable by City including the fixed fee shall not exceed $500,692.16
2.8. Salary Increases.
Salary increases will be reimbursable if the new salary is within the salary range identified in the Agenda Item #7.4:
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approved Cost Proposal and is approved by City’s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
2.9. Taxes.
Pursuant to California Revenue and Taxation Code Section 18662, the City shall withhold seven percent of the income paid to Consultant for services performed within the State of California under this Agreement, for payment and reporting to the California Franchise Tax Board, if Consultant does not qualify as: (1) a corporation with its principal place of business in California, (2) a limited liability company or partnership with a permanent place of business in California, (3) a corporation, limited liability company or partnership qualified to do business in California by the Secretary of State, or (4) an individual with a permanent residence in the State of California.
If Consultant does not qualify, City requires that a completed and signed Form 587 be provided by Consultant in order for payments to be made. If Consultant is qualified, then City requires a completed Form 590. Forms 587 and 590 remain valid for the duration of the Agreement provided there is no material change in facts. By signing either form, Consultant agrees to promptly notify the City of any changes in the facts. Forms should be sent to City pursuant to Article 12. To reduce the amount withheld, Consultant has the option to provide City with either a full or partial waiver from the State of California.
3. Term of Agreement.
This Agreement shall go into effect on Effective Date, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Contract Administrator. The Agreement shall end on 04/01/2024 unless extended by contract amendment.
Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City.
4. Termination.
4.1. Termination Without Cause.
Notwithstanding any other provision of this Agreement, at any time and without cause, City shall have the right, in its sole discretion, to terminate this Agreement by giving 5 days written notice to Consultant.
4.2. Termination for Cause.
Notwithstanding any other provision of this Agreement, should Consultant fail to perform any of its obligations hereunder, within the time and in the manner herein provided, or otherwise violate any of the terms of this Agreement, City may immediately terminate this Agreement by giving Consultant written notice of such termination, stating the reason for termination.
4.3. Delivery of Work Product and Final Payment Upon Termination.
In the event of termination, Consultant, within 14 days following the date of termination, shall deliver to City all reports, original drawings, graphics, plans, studies, and other data or documents, in whatever form or format, assembled or prepared by Consultant or Consultant’s subcontractors, consultants, and other agents in connection with this Agreement and shall submit to City an invoice showing the services performed, hours worked, and copies of receipts for reimbursable expenses up to the date of termination.
4.4. Payment Upon Termination.
Upon termination of this Agreement by City, Consultant shall be entitled to receive as full payment Agenda Item #7.4:
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for all services satisfactorily rendered and reimbursable expenses properly incurred hereunder, an amount which bears the same ratio to the total payment specified in the Agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total payment; provided, however, that if services which have been satisfactorily rendered are to be paid on a per-hour or per-day basis, Consultant shall be entitled to receive as full payment an amount equal to the number of hours or days actually worked prior to the termination times the applicable hourly or daily rate; and further provided, however, that if City terminates the Agreement for cause pursuant to Section 4.2, City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant.
4.5. Authority to Terminate.
The City Council of Sonoma has the authority to terminate this Agreement on behalf of the City. In addition, Public Works, in consultation with the City Attorney, shall have the authority to terminate this Agreement on behalf of the City.
5. Indemnification.
Consultant agrees to accept all responsibility for loss or damage to any person or entity, including City, and to indemnify, hold harmless, and release City, its officers, agents, and employees, from and against any actions, claims, damages, liabilities, disabilities, or expenses, that may be asserted by any person or entity, including Consultant, that arise out of, pertain to, or relate to Consultant’s or its agents’, employees’, contractors’, subcontractors’, subconsultants’ or invitees’ performance or obligations under this Agreement. Consultant agrees to provide a complete defense for any claim or action brought against City based upon a claim relating to such Consultant’s or its agents’, employees’, subconsultants’, subcontractors’, or invitees’ performance or obligations under this Agreement. Consultant’s obligations under this Section apply whether or not there is concurrent negligence on City’s part, but to the extent required by law, excluding liability due to City’s conduct. City shall have the right to select its legal counsel at Consultant’s expense, subject to Consultant’s approval, which shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Consultant or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. The above defense and indemnity obligations shall be limited, with respect to any design professional services provided and to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional.
6. Insurance.
With respect to performance of work under this Agreement, Consultant shall maintain and shall require all of its subconsultants, consultants, and other agents to maintain, insurance as described in Exhibit [C], which is attached hereto and incorporated herein by this reference.
7. Prosecution of Work.
The execution of this Agreement shall constitute Consultant’s authority to proceed immediately with the performance of this Agreement. Performance of the services hereunder shall be completed within the time required herein, provided, however, that if the performance is delayed by earthquake, flood, high water, or other Act of God or by strike, lockout, or similar labor disturbances, the time for Consultant's performance of this Agreement shall be extended by a number of days equal to the number of days Consultant has been delayed.
8. Extra or Changed Work.
Extra or changed work or other changes to the Agreement may be authorized only by written Agenda Item #7.4:
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amendment to this Agreement, signed by both parties. Minor changes, which do not increase the amount paid under the Agreement, and which do not significantly change the scope of work or significantly lengthen time schedules may be executed by the Director of Public Works in a form approved by the City Attorney. The City Council of Sonoma or City Manager must authorize all other extra or changed work. The parties expressly recognize that, pursuant to Sonoma City Code Chapter 3.04, City personnel are without authorization to order extra or changed work or waive Agreement requirements. Failure of Consultant to secure such written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the Agreement price or Agreement time due to such unauthorized work and thereafter Consultant shall be entitled to no compensation whatsoever for the performance of such work. Consultant further expressly waives any and all right or remedy by way of restitution and quantum merit for any and all extra work performed without such express and prior written authorization of the City.
9. Representations of Consultant.
9.1. Standard of Care.
City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant hereby agrees that all its work will be performed and that its operations shall be conducted in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant's work by City shall not operate as a waiver or release.
9.2. Status of Consultant.
The parties intend that Consultant, in performing the services specified herein, shall act as an independent contractor and shall control the work and the manner in which it is performed. Consultant is not to be considered an agent or employee of City and is not entitled to participate in any pension plan, worker’s compensation plan, insurance, bonus, or similar benefits City provides its employees. In the event City exercises its right to terminate this Agreement pursuant to Article 4, above, Consultant expressly agrees that it shall have no recourse or right of appeal under rules, regulations, ordinances, or laws applicable to employees.
9.3. Taxes.
Consultant agrees to file federal and state tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Consultant agrees to indemnify and hold City harmless from any liability which it may incur to the United States or to the State of California as a consequence of Consultant’s failure to pay, when due, all such taxes and obligations. In the event City is audited for compliance regarding any withholding or other applicable taxes, Consultant agrees to furnish City with proof of payment of taxes on these earnings.
9.4. Conflict of Interest
1. During the term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project.
Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. In addition, if requested to do so by City, Consultant shall complete and file and shall require any other Agenda Item #7.4:
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person doing work under this Agreement to complete and file a “Statement of Economic Interest” with City disclosing Consultant’s or such other person’s financial interests.
2. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.
3. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this Agreement shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement.
9.5. Statutory Compliance / Living Wage Ordinance.
Consultant agrees to comply with all applicable federal, State and local laws, regulations, statutes and policies, including but not limited to the City of Sonoma Living Wage Ordinance, applicable to the services provided under this Agreement as they exist now and as they are changed, amended or modified during the term of this Agreement. Without limiting the generality of the foregoing, Consultant expressly acknowledges and agrees that this Agreement is subject to the provisions of Municipal Code 2.70 (Ord. 04-2004 § 1, 2004), requiring payment of a living wage to covered employees. Noncompliance during the term of the Agreement will be considered a material breach and may result in termination of the Agreement or pursuit of other legal or administrative remedies.
9.6. Nondiscrimination.
Without limiting any other provision hereunder, Consultant shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, pregnancy, disability, sexual orientation, gender expression, gender identity, genetic information, or other prohibited basis, including without limitation, the City’s Non-Discrimination Policy. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated herein by this reference.
9.7. AIDS Discrimination.
Consultant agrees to comply with the provisions of Chapter 9.16, of the Sonoma City Code prohibiting discrimination in housing, employment, and services because of AIDS or HIV infection during the term of this Agreement and any extensions of the term.
9.8. Assignment of Rights.
Consultant assigns to City all rights throughout the world in perpetuity in the nature of copyright, trademark, patent, right to ideas, in and to all versions of the plans and specifications, if any, now or later prepared by Consultant in connection with this Agreement. Consultant agrees to take such actions as are necessary to protect the rights assigned to City in this Agreement, and to refrain from taking any action which would impair those rights. Consultant's responsibilities under this provision include, but are not limited to, placing proper notice of copyright on all versions of the plans and specifications as City may direct, and refraining from disclosing any versions of the plans and specifications to any third party without first obtaining written permission of City. Consultant shall not use or permit another to use the plans and specifications in connection with this or any other project without first obtaining written permission of City.
Agenda Item #7.4:
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9.9. Ownership and Disclosure of Work Product.
A. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
F. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.
G. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.
H. Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.
I. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.
9.10. Authority.
The undersigned hereby represents and warrants that he or she has authority to execute and deliver Agenda Item #7.4:
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this Agreement on behalf of Consultant.
9.11. Prevailing Wage.
A. No Consultant or subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with the DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.
B. Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer. These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code § 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
D. Payroll Records.
1. Each Consultant and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (a) The information contained in the payroll record is true and correct’ and (b) The employer has complied with the requirements of Labor Code § 1771, § 1811, and § 1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City at all reasonable hours at the principal office of Consultant. Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: (a) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request; (b) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by Consultant; (c) The public shall not be given access to certified payroll records by Consultant. Consultant is required to forward any requests for certified payrolls to City by both email and regular mail on the business day following receipt of Agenda Item #7.4:
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the request.
3. Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of Consultant or subconsultant performing the work shall not be marked or obliterated.
5. Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and City, and shall, within five (5) working days, provide a notice of a change of location and address.
6. Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph(1) above. In the event Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties may be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.
E. When prevailing wage rates apply, Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City.
F. Penalty.
1. Consultant and any of its subconsultants shall comply with Labor Code § 1774 and § 1775. Pursuant to Labor Code § 1775, Consultant and any subconsultant shall forfeit to City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if Consultant or subconsultant had knowledge of the obligations under the Labor Code. Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of this Agreement.
3. In addition to the penalty and pursuant to Labor Code § 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall Agenda Item #7.4:
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be paid to each worker by Consultant or subconsultant.
4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements: (a) The Agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815; (b) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the subconsultant; (c) Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project; (d) Prior to making final payment to the subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code § 1813.
5. Pursuant to Labor Code § 1775, City shall notify Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
G. Hours of Labor. Eight (8) hours labor constitutes a legal day’s work. Consultant shall forfeit, as a penalty to City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§ 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in § 1815.
H. Employment of Apprentices.
1. Where either this Agreement or any subcontract exceeds thirty thousand dollars ($30,000), Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices
2. Consultant and subconsultants are required to comply with all Labor Code requirements Agenda Item #7.4:
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regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work.
Consultant is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
9.12. Retention of Records/Audit.
For the purpose of determining compliance with California Government Code Section 8546.7, Consultant and subconsultants shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s independent certified public accountant, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for four (4) years from the date of final payment under the Agreement. City, Caltrans Auditor, FHWA, or any duly authorized representative of the federal government having jurisdiction under federal laws or regulations (including the basis of federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and Consultant’s independent certified public accountant, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
9.13. Audit Review Procedures.
A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. Consultant also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.
D. When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
E. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City.
F. Not later than thirty (30) days after issuance of the final audit report, Consultant may request a review by City of unresolved audit issues. The request for review must be submitted in writing.
G. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
H. Consultant and subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost Agenda Item #7.4:
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audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations.
Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion.
Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
I. Consultant Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by Consultant and approved by City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
1. During a Caltrans’ review of the ICR audit work papers created by Consultant’s independent CPA, Caltrans will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse Consultant at a provisional ICR until a Federal Acquisition Regulation (FAR) compliant ICR (e.g., 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by A&I. Accepted rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be85% of the proposed rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph I.1. above, Caltrans may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter.
Caltrans will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
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3. If the Consultant fails to comply with the provisions of this Section I, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPAaudited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph I.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
4. Consultant may submit to City final invoice only when all of the following items have occurred: (a) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (b) all work under this Agreement has been completed to the satisfaction of City; and, (c) Caltrans has issued its final ICR review letter.
Consultant must submit its final invoice to City no later than 60 days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other contracts executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
9.14. Subcontracting.
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant.
B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
C. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator in advance of assigning work to the substitute subconsultant.
F. Prompt Payment of Withheld Funds to Subconsultants
City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by City, of the contract work, and pay retainage to Consultant based on these acceptances. City shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant.
Method 1: No retainage will be held by City from progress payments due to Consultant. Consultants and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these Agenda Item #7.4:
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provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein.
These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant.
9.15. Equipment Purchase and Other Capital Expenditures.
A. Prior authorization in writing, by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in Consultant’s Cost Proposal and exceeding $5,000 prior authorization by City’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased as a result of this Agreement is subject to the following: (1) Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more.
If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant expense, on the basis of a competent independent appraisal of such equipment.
D. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City; and (2) 2 CFR Part 200 requires a credit to federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
9.16. Rebates, Kickback or Other Unlawful Consideration.
Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
9.17. Funding Requirements.
A. It is mutually understood between the parties that this Agreement may have been written before Agenda Item #7.4:
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ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only, if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council of Sonoma that may affect the provisions, terms, or funding of this Agreement in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
D. City has the option to terminate the Agreement pursuant to Article 4, or by mutual agreement to amend the Agreement to reflect any reduction of funds.
9.18. Evaluation of Consultant.
Consultant’s performance may be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the contract record.
9.19. Claims Filed By City’s Construction Contractor.
A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.
C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.
9.20. National Labor Relations Board Certification
In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
9.21. Retention of Funds.
A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
B. No retainage will be withheld by the City from progress payments due the prime consultant.
Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall Agenda Item #7.4:
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subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non- DBE prime consultants and subconsultants.
9.22. Contingent Fee.
Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
9.23. Inspection of Work.
Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis.
9.24. Safety.
A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code Section 591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles C. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s),as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.
10. Demand for Assurance.
Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until such assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received. “Commercially reasonable” includes not only the conduct of a party with respect to performance under this Agreement, but also conduct with respect to other agreements with parties to this Agreement or others. After receipt of a justified demand, failure to provide within a reasonable time, but not exceeding thirty (30) days, such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of this Agenda Item #7.4:
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Agreement. Acceptance of any improper delivery, service, or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. Nothing in this Article limits City’s right to terminate this Agreement pursuant to Article 4.
11. Assignment and Delegation.
Neither party hereto shall assign, delegate, sublet, or transfer any interest in or duty under this Agreement without the prior written consent of the other, and no such transfer shall be of any force or effect whatsoever unless and until the other party shall have so consented.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments.
All notices, bills, and payments shall be made in writing and shall be given by personal delivery or by U.S. Mail or courier service. Notices, bills, and payments shall be addressed as follows:
To City:
City of Sonoma
Department of Public Works
No.1 The Plaza
Sonoma, CA 95476
Attn: [email protected]
To Consultant:
Ghirardelli Associates
1970 Broadway Ste 1220
Oakland, CA 94612
Attn: [email protected]
When a notice, bill or payment is given by a generally recognized overnight courier service, the notice, bill or payment shall be deemed received on the next business day. When a copy of a notice, bill or payment is sent by facsimile or email, the notice, bill or payment shall be deemed received upon transmission as long as (1) the original copy of the notice, bill or payment is promptly deposited in the U.S. mail and postmarked on the date of the facsimile or email (for a payment, on or before the due date), (2) the sender has a written confirmation of the facsimile transmission or email, and (3) the facsimile or email is transmitted before 5 p.m. (recipient’s time). In all other instances, notices, bills and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this Article.
13. Miscellaneous Provisions.
13.1. No Waiver of Breach.
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement.
13.2. Construction.
To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The parties covenant and agree that in the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
Consultant and City acknowledge that they have each contributed to the making of this Agreement and Agenda Item #7.4:
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that, in the event of a dispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one party in favor of the other. Consultant and City acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Agreement.
13.3. Consent.
Wherever in this Agreement the consent or approval of one party is required to an act of the other party, such consent or approval shall not be unreasonably withheld or delayed.
13.4. No Third Party Beneficiaries.
Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties.
13.5. Applicable Law and Forum.
This Agreement shall be construed and interpreted according to the substantive law of California, regardless of the law of conflicts to the contrary in any jurisdiction. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in Santa Rosa or the forum nearest to the city of Sonoma, in the County of Sonoma.
13.6. Captions.
The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement and shall have no effect on its construction or interpretation.
13.7. Merger.
This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties.
13.8. Survival of Terms.
All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason.
13.9. Time of Essence.
Time is and shall be of the essence of this Agreement and every provision hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
SIGNATURES FOLLOW ON NEXT PAGE -
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Agenda Item #7.4:
Scott Buckley <[email protected]> March 2023 CONSULTANT:
Ghirardelli Associates
CITY OF SONOMA:
By: By:
Name: Mark Linder
Title: Interim City Manager, City of Sonoma
Date: Date:
19 Agenda Item #7.4:
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Exhibit B
FEDERAL REQUIREMENTS – FHWA
Professional Services Agreements
[Revise Date 03-19]
1. Disadvantaged Business Enterprise (DBE) Participation.
1.1. Consultant, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
Consultants who enter into a federally-funded agreement will assist Caltrans in a good faith effort to achieve California’s statewide overall DBE goal.
1.2. The goal for DBE participation for this Agreement is 8% participation by a DBE consultant or subconsultant shall be in accordance with information contained in the Caltrans Local Assistance Procedures Manual (LAPM) Form, Exhibit 10-O2 “Consultant Contract DBE Commitment,” incorporated as part of the Agreement by this reference. If a DBE subconsultant is unable to perform its obligations under this Agreement, Consultant shall make a good faith effort to replace him/her with another DBE subconsultant, if the participation goal is not otherwise met.
1.3. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Agenda Item #7.4:
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Consultant has not met the DBE goal, complete and submit LAPM Form, Exhibit 15-H “DBE Information – Good Faith Efforts” to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
1.4. Contract Assurance
Under 49 CFR 26.13(b):
Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying Consultant from future proposing as non-responsible
1.5. Termination and Substitution of DBE Subconsultants Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City’s consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
The City authorizes a request to use other forces or sources of materials if Consultant shows any of the following justifications:
a. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
b. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.
c. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
d. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). e. Listed DBE's work is unsatisfactory and not in compliance with the contract. f. Listed DBE is ineligible to work on the project because of suspension or debarment.
Agenda Item #7.4:
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g. Listed DBE becomes bankrupt or insolvent.
h. Listed DBE voluntarily withdraws with written notice from the Contract i. Listed DBE is ineligible to receive credit for the type of work required. j. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
k. The City determines other documented good cause.
Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and the City of the reasons why the use of other forces or sources of materials should not occur.
Consultant’s request to use other forces or material sources must include:
a. One or more of the reasons listed in the preceding paragraph. b. Notices from Consultant to the DBE regarding the request. c. Notices from the DBEs to Consultant regarding the request.
If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
1.6. Commitment and Utilization
The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The City shall request Consultant to:
a. Notify the City’s contract administrator or designated representative of any changes to its anticipated DBE participation
b. Provide this notification before starting the affected work c. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to the City. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Agenda Item #7.4:
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Status Change, Exhibit 17-O, form and submit the form to the City within 30 days of contract acceptance.
Upon work completion, Consultant shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the City within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form.
In the City’s reports of DBE participation to Caltrans, the City must display both commitments and attainments.
1.7. A DBE is only eligible to be counted toward the Agreement goal if it performs a Commercially Useful Function (CUF) on the Agreement. CUF must be evaluated on an agreement-by-agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.
1.8. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
1.9. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
1.10. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
1.11. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on LAPM Form, Exhibit 17-F “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants,” certified correct by Consultant or Consultant’s authorized representative and shall be furnished to City with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final ReportUtilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to City.
1.12. If a DBE subconsultant is decertified during the life of the Agreement, the decertified Agenda Item #7.4:
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subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City within 30 days.
1.13. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
2. Debarment and Suspension.
2.1. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 1200. As such, Consultant is required to verify that none of Consultant, its principals (defined at 2 CFR Part 180.995), or its affiliates (defined at 2 CFR Part 180.905) are excluded (defined at 2 CFR Part 180.940) or disqualified (defined at 2 CFR Part 180.935). Covered transactions shall not be entered into with excluded or disqualified persons or with parties listed on the Government’s Excluded Parties List System in the System for Award Management(SAM).
The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. No entity, including subcontractors, may receive any federal funds through this Agreement unless the entity has provided its unique entity identifier to City.
2.2. Consultant, by executing this Agreement, certifies under penalty of perjury under the laws of the State of California that Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager: (a) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (b) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (c) does not have a proposed debarment pending; and (d) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
2.3. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
2.4. Exceptions to the Federal Government Excluded Parties List System in SAM maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration.
2.5. Consultant agrees that neither Consultant nor any of its third party subconsultants shall enter into any subcontracts for any of the work under this Agreement with a third party who is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs.
2.6. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 1200, subpart C, in addition to remedies available to City, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
Agenda Item #7.4:
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3. Prohibition of Expending City, State or Federal Funds for Lobbying
3.1. Consultant shall not use or expend any funds received under this Agreement with any person or organization to influence or attempt to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
3.2. Consultant, by executing this Agreement, certifies, to the best of his or her knowledge and belief, that: (a) No federal, state or local appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement; and
(b) If any funds other than federal, state, or local appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3.3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 and 49 CFR Part 20.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
3.4. Consultant also agrees by signing this Agreement that it shall require that the language of this Section be included in all subcontracts that exceed one hundred thousand dollars ($100,000), and that all such subconsultants shall certify and disclose accordingly.
4. Cost Principles and Administrative Requirements.
Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. Consultant also agrees to comply with federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.
5. Equal Employment Opportunity Compliance.
(all contracts involving “construction work” as defined in 41 CFR 61-1.3, including construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services; also including the supervision, inspection, and other onsite functions incidental to the actual construction)
Agenda Item #7.4:
Chase Street Replacement Bridge Project CML-5114 (016)
Consultant agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60-1.4 is hereby incorporated by reference. During the performance of this Agreement, Consultant agrees as follows:
5.1. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
5.2. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
5.3. Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant’s legal duty to furnish information.
5.4. Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5.5. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
5.6. Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
5.7. In the event of Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and Consultant may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other Agenda Item #7.4:
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sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
5.8. Consultant will include this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
6. Non-Discrimination Clause and Statement of Compliance.
6.1. Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Cal. Gov. Code § 12990 and 2 CCR § 8103.
6.2. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
6.3. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Cal. Gov. Code § 12990, et seq.), the applicable regulations promulgated there under (2 CCR § 11000, et seq.), the provisions of Gov. Code §§ 11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
6.4. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said department or City shall require to ascertain compliance with this clause.
6.5. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
6.6. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
Agenda Item #7.4:
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6.7. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d, et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
6.8. Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5, including employment practices and the selection and retention of subconsultants.
6.9. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
7. Text Messaging While Driving.
7.1. In accordance with Executive Order 13513 “Federal Leadership on Reducing Text Messaging While Driving” and Department of Transportation Order 3902.10 “Text Messaging While Driving,” text messaging while driving is prohibited in the performance of any duties included under this Agreement for both Consultant and any sub-consultants. Consultant shall include a provision prohibiting texting while driving in all sub-consultant agreements entered into under this Agreement.
7.2. For the purposes of this provision, “driving” means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
7.3. For the purposes of this provision, “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.
8. Energy Conservation Requirements.
8.1. Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §6201).
8.2. Consultant agrees to include the above paragraph in each subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except Agenda Item #7.4:
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to identify the subcontractor who will be subject thereto.
9. Clean Air and Water Requirements.
9.1. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q), as amended, and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1388) (as all or any may be amended), and will report violations to the FHWA and the Regional Office of the Environmental Protection Agency (EPA).
9.2. Consultant agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FHWA and the appropriate EPA regional office.
9.3. Consultant agrees to include the above paragraphs in each subcontract exceeding $150,000, such that all provisions will equally apply to the subconsultant. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.
10. Notice of Requirements Pertaining to Copyrights.
10.1. Consultant agrees that the FHWA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: (a) the copyright in any work developed with the assistance of funds provided under this Agreement; (b) any rights of copyright to which Consultant purchases ownership with the assistance of funds provided under this Agreement.
10.2. Consultant agrees to include the above paragraph in each subcontract such that all provisions will equally apply to the subconsultant. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.
11. National Labor Relations Board Certification
In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
Agenda Item #7.4:
Chase Street Replacement Bridge Project CML-5114 (016)
Exhibit C
City of Sonoma #1 The Plaza, Sonoma, CA 95476
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Contractor shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Agenda Item #7.4:
Chase Street Replacement Bridge Project CML-5114 (016)
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies Agenda Item #7.4:
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of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Agenda Item #7.4:
ITEM 7.4 - EXHIBIT A
Exhibit A
GENERAL SCOPE OF WORK
General Scope
Pursuant to an executed contract, the Consultant shall provide all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable federal, state, and local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, speci?cations, performance standards, and guidelines, applicable to the Consultant's services and Work product. The Consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with the safety standards.
Scope of Work
Listed below are tasks that proposers are expected to incorporate into the proposed scope of services. Eachconsultant or consultant team should, based on their expertise, develop a comprehensive and detailed scope of services necessary to complete the project. The proposermay propose modi?cations to the individual tasks or the entire scope of services if the proposer can demonstrate innovative, advanced and Well thought—outmethodologies that the City may not have specifically identi?ed in the scope of services. Any proposed modi?cations shall be identified as optional items and priced out separately in the sealed cost proposal.
Task 1 — Pre—BidMeeting and Bid Analysis
Task2 — Submittals, Impacts and Schedule Analysis
Task 3 - Pre-Construction Meeting
Task 4 — Pre-Construction J obsite Documentation and Project Setup Task 5 - Project Management
Task 6 — Daily Field Inspection and Documentation
Task 7 - Change Order Management
Task 8 — Progress Payments
- Task 10- Environmental Permits Task 11
- Plan Coordination Task 12 MaterialTesting Task 13
- PublicRelations and Notifications A-I
Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Public Works
Staff Contact
Oriana Hart, Public Works Admin & Project
Manager
Agenda Item Title
Adopt a Resolution Adopting the Specifications for the Depot Park Museum HVAC Project No. 2301 (Project); Accepting the Bids and Awarding a Contract to Peterson Mechanical of Sonoma, CA; Authorizing a Mid-Year Budget Adjustment to Fund 304-50000-703-70703 in the Amount of $57,000.00; and Authorizing the City Manager to Execute a Construction Contract in the Amount of $217,000.00
Summary
The Depot Park Museum HVAC Project (project) is a part of the City’s commitment to keeping the City’s buildings updated and functional. In general, the work consists of an HVAC modernization to the existing Depot Park building including but not limited to; fan coil installation, exhaust fan installation, duct routing and hanging, refrigerant pipe routing and hanging, construction of heat pump equipment housekeeping pads, and electrical connections/system integration of mechanical equipment.
The building is not a historic building but was constructed in 1978 as a replica of a Train Depot Building that existed on the site previously. In addition to reducing greenhouse gas emissions associated with operating the existing natural gas-fueled furnaces, the City is also eager to avoid a costly natural gas service relocation that would be required to restore operation of the existing system following a gas-line dig-in last summer. The City’s project goals also include minimization of new penetrations in the existing exterior walls to the extent practicable, as well as preservation of existing usable floor space within the interior of the building to the extent practicable.
Budget
On June 21, 2022, the City Council adopted the Fiscal Year 2022/23 Capital Improvement Budget. This budget included funding for the Depot Park Museum HVAC Project in the amount of $80,000.00. On February 23, 2023, the City advertised the project for bids. The bid opening was held on April 3, 2023. Five (5) bids were received and are summarized in Table 1 (Bid Results) attached.
The lowest responsive base bid was $217,000.00 from Peterson Mechanical, a local company.
The lowest bid is substantially above the engineer’s estimate of $110,000.00. There are numerous potential factors that may have led to the disparity in bid pricing compared to the engineers estimate. Currently there are employee and supply chain shortages throughout the industry and other local partners are reporting comparable high bids. Public Works did have the City Engineer complete a post bid “value engineering” look into the project and determined that there was not a missed portion of the project resulting in the higher bids but that this overage is simply driven by the market. It is Public Works’ opinion that rebidding the project will not result in a cost savings and given the median bid result of $338,000.00 will likely result in higher bids.
Agenda Item #7.5:
Public Works is requesting a $57,000.00 mid-year adjustment to the FY 22/23 Capital Improvement Budget to fund the Depot Park Museum HVAC. The other $80,000.00 would be reallocated from other projects in the FY 22/23 Capital Improvement Budget that have not been undertaken this fiscal year.
Recommended Council Action
It is recommended the City Council adopt a resolution adopting the specifications for the Depot Park Museum HVAC Project No. 2301; accepting the bids and awarding a contract to Peterson Mechanical of Sonoma, CA; and authorizing the City Manager to execute a construction contract in the amount of $217,000.00.
Alternative Actions
Reject all bids. Depot Park Museum HVAC Project would be deferred until another time and the museum would continue as is without adequate heating Financial Impact
The City Council would approve a mid-year budget adjustment of $57,000.00 to supplement the FY 22/23 Capital Improvement Budgeted amount of $80,000.00. Public Works will reallocate another $80,000.00 from the same FY 22/23 Capital Improvement Budget to complete the construction budget of $217,000.00.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Contract Award Resolution_2023 Depot Park HVAC
Agenda Item #7.5:
City of Sonoma
RESOLUTION # _____- 2023
RESOLUTION ADOPTING THE SPECIFICATIONS FOR THE DEPOT PARK MUSEUM HVAC PROJECT NO. 2301 (PROJECT); ACCEPTING THE BIDS AND AWARDING A CONTRACT TO PETERSON MECHANICAL OF SONOMA, CA; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT IN THE AMOUNT OF $217,000.00
WHEREAS, the Depot Park Museum HVAC Project No. 2301(project) was advertised for construction bids and five (5) bids were received electronically and publicly opened in an online bid opening on April 3, 2023; and
WHEREAS, Peterson Mechanical of Sonoma, California (Contractor) has been determined to be the responsible bidder submitting the lowest responsive bid in the amount of $217,000.00; and
WHEREAS, the City Council budgeted a total of $80,000.00 in the Fiscal Year 2022/23 Capital Improvement Program budget for the construction of the project; and WHEREAS, the City Council budgeted a total of $252,254.00 in Fiscal Year 2022/23 Capital Improvement Project Fund 304-50000-703-70703; and WHEREAS, there are projects in this Fund that have not commenced this fiscal year; and
WHEREAS, $80,000.00 of additional funding can be reallocated to the project to fund the lowest responsive bid; and
WHEREAS, the City Council approves an additional $57,000.00 in a mid-year adjustment to fully fund the project at the lowest responsive bid.
WHEREAS, the project is categorically exempt under CEQA pursuant to Section 15301(c) (Existing Facilities) of the CEQA guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby adopts the Specifications for the Depot Park Museum HVAC Project No. 2301; and
BE IT FURTHER RESOLVED that the City Council of the City of Sonoma declares, based on the information contained within the bid documents, that the bid of the apparent low bidder, Peterson Mechanical of Sonoma, CA is responsive; and BE IT FURTHER RESOLVED that the City Council of the City of Sonoma authorizes a midyear budget adjustment to Fund 304-50000-703-70703 in the amount of $57,000.00 to fully fund the project; and
Agenda Item #7.5:
BE IT FURTHER RESOLVED that the City Council of the City of Sonoma authorizes the City Manager to execute a construction contract in the amount of $217,000.00.
ADOPTED this 19th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #7.5:
City of Sonoma Depot HVAC
Bid Opening April 3, 2023
Contractor
Galaxy Construction Services Inc
B&M Builders Inc
JDClnc
Peterson Mechanical
Raesfeld Construction
Total Cost
"U3-‘Lf)-‘(D-‘U1
Item 7.5 - TABLE1
338,000.00
257,000.00
338,621.00
217,000.00
350,935.00
Agenda Item #7.5:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Administration
Staff Contact
Liz Garcia, Deputy Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of March 2023 Summary
The attached report shows disbursements for the month of March 2023.
Recommended Council Action
Accept report.
Alternative Actions
Council discretion.
Financial Impact
Monthly Payables Report, March 2023
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
March 2023
Agenda Item #7.6:
Check Vendor/Employee Transaction Description Date Amount 100365 375 W Napa, LLC UB Deposit Refund 03/09/2023 107.61 100366 375 W Napa, LLC UB Deposit Refund 03/09/2023 243.79 351.40
100309 A Plus Tree Incorporated Tree Pruning for The Plaza 03/09/2023 68,435.05 100443 AG Security Services, Inc. Alarm Service 03/30/2023 240.00 100465 Alida & Jose Navarrete Sidewalk Repair Cost Reimbursement 03/30/2023 1,000.00 100310 American Water Works Association Training Books 03/09/2023 535.00 100373 Anastasia Scafidas UB Deposit Refund 03/09/2023 112.79 100444 Andrew Hening Consulting LLC By Name List Case Conferencing 03/30/2023 9,631.25 100413 Applied Concepts, Inc. Car Antenna Mount 03/23/2023 332.50 100379 AT&T Communications Feb 2023 03/16/2023 372.67
100379 AT&T Communications Feb 2023 03/16/2023 666.83
100445 AT&T Communications Feb 2023 03/30/2023 448.48
100445 AT&T Communications Feb 2023 03/30/2023 397.71
1,885.69
100287 B.W.S. Distributors Inc Supplies 03/02/2023 111.98 100380 B.W.S. Distributors Inc Supplies 03/16/2023 32.23 100446 B.W.S. Distributors Inc Supplies 03/30/2023 147.95 100446 B.W.S. Distributors Inc Supplies 03/30/2023 736.44 1,028.60
100414 Baker Tilly US, LLP Finance Services 03/23/2023 3,237.50 100447 Bauer Compressors, Inc. Station 1 Clean Air Compressor 03/30/2023 2,000.00 100347 Benjamin Rooks Washer Rebate 03/09/2023 50.00
100448 Big State Industrial Supply, Inc. Supplies 03/30/2023 756.65 100288 Boldt Electric Co Supplies 03/02/2023 375.35
100311 Boldt Electric Co Electrical Services 03/09/2023 187.50 562.85
100382 Boys and Girls Clubs of Sonoma Valley FY22-23, City Sponsorship/Service Contract 03/16/2023 4,583.33 100383 BPXpress 2022 Citywide Slurry Seal Project 03/16/2023 267.84 100312 Bryce Consulting Human Resources Technical Services 03/09/2023 630.00 100313 California Natural Resources Agency Maintenance Activities in Natural Bed Ditches/Stormwater 03/09/2023 4,198.50 100415 California Natural Resources Agency 38205 - Montini Preserve Trail Crossing Improvement 03/23/2023 1,752.50 5,951.00
100336 Cathryn Martindale Mileage Reimbursement 03/09/2023 44.67 100289 Cellhire USA LLC ISAT phone 03/02/2023 56.67
100449 Cellhire USA LLC Satellite Phone Rental 03/30/2023 156.67 213.34
100314 Chargepoint 5-year ChargePoint Service 03/09/2023 3,255.00 100470 Christopher Pegg SCADA Training 03/30/2023 129.69 100450 Church's Tree Service Remove/Install Banners 03/30/2023 2,800.00 100370 Cindy Miller UB Deposit Refund 03/09/2023 59.58
100371 Cindy Miller UB Deposit Refund 03/09/2023 28.83
88.41 100315 City National Bank Payment of 2001 Water Revenue Bonds 03/09/2023 17,452.50 100451 Coastland Civil Engineering 32-4880 CITY OF SONOMA BUILDING DEPARTMENT SERVICES 03/30/2023 2,720.00
100416 Comcast Communications Feb 2023 03/23/2023 799.98 100290 Comcast 0076402 February 2023 03/02/2023 92.97
100417 Comcast 0076402 Communications March2023 03/23/2023 92.97 985.92
March 2023
CITY OF SONOMA
MONTHLY PAYABLES REPORT
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Agenda Item #7.6:
100385 Corelogic Solutions, Llc Realquest Feb 2023 03/16/2023 165.00 100418 Corelogic Solutions, Llc GEOGRAPHIC PACKAGE - REALQUEST 03/23/2023 165.00 330.00
100291 County of Sonoma General Services Fleets Charges Jan 2023 03/02/2023 17,988.92 100291 County of Sonoma General Services Fleets Charges Jan 2023 03/02/2023 1,443.34 19,432.26
100419 County of Sonoma Information Systems Telephone Line Charge/Usage PD 03/23/2023 599.20 100386 D.L. Masonry Business License Refund Overpayment 03/16/2023 130.00 100316 Data Ticket, Inc. Monthly Minimum Nov 2022 03/09/2023 100.00 100429 David Locicero Cancel Permit#25515 03/23/2023 685.85 ACH Department of Health Care Services Ground Emergency Medical Transport (GEMT) Q4 2022 03/09/2023 23,371.74 100387 Department of Justice Fingerprints 03/16/2023 454.00 100317 Department of Transportation signals/lighting Oct-December 2022 03/09/2023 2,622.11 100318 Dewitt's Tire Recycle and Auto Repair Battery 03/09/2023 134.32 100452 Dewitt's Tire Recycle and Auto Repair Sweeper 03/30/2023 221.07 355.39
100453 Dynamic Dyzne Associates, Inc. Fryer Creek Bridge 03/30/2023 8,892.05 100319 EKI Environment & Water, Inc. Water resources consulting services 03/09/2023 241.02 100388 EKI Environment & Water, Inc. Water Resources Consulting Services 03/16/2023 1,133.60 1,374.62
100389 Embassy Flag Flags procured for use outside Sonoma Police Department 03/16/2023 112.93 100454 Employee Relations, Inc. Professional Services 03/30/2023 170.97 100292 Eraldi's Uniforms 03/02/2023 220.73
100292 Eraldi's Uniforms 03/02/2023 166.73
100292 Eraldi's Uniforms 03/02/2023 299.48
100320 Eraldi's Uniforms 03/09/2023 117.72
804.66
100376 Erika Thibault UB Deposit Refund 03/09/2023 93.40 100372 Erin Miller UB Deposit Refund 03/09/2023 35.50
100293 Faustino Enterprises Inc Service for Vac Truck 03/02/2023 952.97 100321 Faustino Enterprises Inc Truck Repair/Maintenance 03/09/2023 1,962.88 2,915.85
100294 FedEx Shipping 03/02/2023 31.69
100390 FedEx Shipping 03/16/2023 25.50
57.19 100322 Ferguson Waterworks #1423 Supplies 03/09/2023 11,841.14 100456 Ferguson Waterworks #1423 Meters 03/30/2023 9,679.20 21,520.34
100323 Fishman Supply Co Bathroom Supplies 03/09/2023 276.79 100323 Fishman Supply Co Bathroom Supplies 03/09/2023 922.94 100323 Fishman Supply Co Bathroom Supplies 03/09/2023 276.80 100391 Fishman Supply Co Bathroom Supplies 03/16/2023 594.94 2,071.47
100360 Fred Vodicka Linda's Birthday Deposit Refund 03/09/2023 50.00 100485 Fred Vodicka Linda's Birthday Oysterque Event Refund 03/30/2023 681.00 731.00
100295 Friedman's Home Improvement - PW Supplies 03/02/2023 70.19 100324 Friedman's Home Improvement - PW Supplies 03/09/2023 68.74 100324 Friedman's Home Improvement - PW Supplies 03/09/2023 41.78 100324 Friedman's Home Improvement - PW Supplies 03/09/2023 180.46 100324 Friedman's Home Improvement - PW Supplies 03/09/2023 21.56 100392 Friedman's Home Improvement - PW Supplies 03/16/2023 319.32 100392 Friedman's Home Improvement - PW Supplies 03/16/2023 141.62 100392 Friedman's Home Improvement - PW Supplies 03/16/2023 69.77 100392 Friedman's Home Improvement - PW Supplies 03/16/2023 354.38 100420 Friedman's Home Improvement - PW Supplies 03/23/2023 101.84 100420 Friedman's Home Improvement - PW Supplies 03/23/2023 118.20 100457 Friedman's Home Improvement - PW Supplies 03/30/2023 49.41 100457 Friedman's Home Improvement - PW Supplies 03/30/2023 102.67 100457 Friedman's Home Improvement - PW Supplies 03/30/2023 353.55 1,993.49
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Agenda Item #7.6:
100325 Frye's Printing Inc Door hangers 03/09/2023 211.00 100421 Frye's Printing Inc Business Cards/Supplies 03/23/2023 557.21 100421 Frye's Printing Inc Supplies 03/23/2023 693.20
100458 Frye's Printing Inc Supplies 03/30/2023 256.25
100458 Frye's Printing Inc Supplies 03/30/2023 721.39
100458 Frye's Printing Inc Supplies 03/30/2023 765.20
100458 Frye's Printing Inc Supplies 03/30/2023 474.75
3,679.00
100393 GHD Engineering Services 03/16/2023 4,756.93
100393 GHD Engineering Services 03/16/2023 550.00
100393 GHD Engineering Services 03/16/2023 1,810.13
100393 GHD Engineering Services 03/16/2023 1,024.00
100459 GHD Chase St Bridge 03/30/2023 3,231.25
100459 GHD Chase St Bridge 03/30/2023 1,102.50
100459 GHD FRYER CREEK PED BRIDGE 03/30/2023 605.50
100459 GHD Chase St Bridge 03/30/2023 577.50
100459 GHD Chase St Bridge 03/30/2023 682.50
14,340.31
100460 Ghirardelli Associates, Inc. Chase St Bridge 03/30/2023 17,222.57 100327 Goldfarb & Lipman LLP Legal Services 03/09/2023 1,034.00 100394 Goldfarb & Lipman LLP Legal Services Jan 2023 03/16/2023 448.00 1,482.00
100328 Grainger supplies 03/09/2023 8.06
100328 Grainger VANDAL-RESISTANT MIRROR FOR PARK RR 03/09/2023 226.66 100328 Grainger Lighting/electrical lockout/
tagout supplies 03/09/2023 165.42
100422 Grainger FACILITY MAINTENANCE EQUIPMENT 03/23/2023 862.77 1,262.91
100329 HdL Software LLC Payment Services Period Ending 12/31/2022 03/09/2023 21,259.60 100461 Hinderliter, de Llamas & Associates Contract/Audit Services 03/30/2023 4,532.31 100395 Infosend Inc. Data Processing/QC/Mail Prep Service 03/16/2023 269.23 100395 Infosend Inc. Data Processing/QC/Mail Prep Service 03/16/2023 8,436.08 8,705.31
100330 JAM Services Materials Broadway Crossing 03/09/2023 7,840.68 100423 JAM Services Broadway Pedestrian Safety 03/23/2023 16,459.00 24,299.68
100369 Jennifer Herring UB Deposit Refund 03/09/2023 93.40 100363 Jerry Ruth Wheeler Contract Payment Feb-March 2023 03/09/2023 6,888.00 100487 Jerry Ruth Wheeler Contract Payment April 2023 03/30/2023 3,444.00 10,332.00
100384 Joe Burroughs REACO Meeting 03/16/2023 30.00
100326 John Goldberg Washer Rebate 03/09/2023 50.00
100374 Kathleen St. Clair UB Deposit Refund 03/09/2023 111.48 100332 Keyser Marston Associates, Inc. Affordable housing in-lieu analysis 03/09/2023 12,585.00 100426 Kingsley Bogard LLP Professional Services 03/23/2023 249.20 100333 KLH Consulting Inc Data Watch 03/09/2023 11,172.75 100427 KLH Consulting Inc Agreement Billable Time: DataWatch 03/23/2023 1,839.23 100462 KLH Consulting Inc Billable Time: DataWatch 03/30/2023 275.63 13,287.61
100463 Kone Inc Maintenance Feb 2023 03/30/2023 617.32
100381 Kristine Batten Partial scope of work deleted BP Refund 03/16/2023 10.43 100428 Lathem Time Corporation EMPLOYEE TIMECLOCKS 03/23/2023 570.00 100464 L'Aurberge De Sonoma, LLC Permit #26016 Cancelled per Applicant Request 03/30/2023 2,300.52 100464 L'Aurberge De Sonoma, LLC Permit #26016 Cancelled per Applicant Request 03/30/2023 29.40 100464 L'Aurberge De Sonoma, LLC Permit #26016 Cancelled per Applicant Request 03/30/2023 7,984.98 10,314.90
100408 Lauro Vazquez REACO Meeting 03/16/2023 30.00
100334 League Of California Cities Membership Dues 03/09/2023 6,546.00 Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Agenda Item #7.6:
100367 Lisa Corsello UB Deposit Refund 03/09/2023 17.47 100335 Lynx Technologies GIS Professional Services in January 2023 03/09/2023 900.00 100375 Maurice Tegelaar UB Deposit Refund 03/09/2023 127.00 100302 Melissa Redmond Performance Guarantee Deposit Refund 03/02/2023 3,800.00 100433 Melissa Redmond Performance Guarantee Deposit Return. 27 E Napa St 03/23/2023 5,000.00 8,800.00
100430 Metropolitan Planning Group Professional Services Associate Planner 03/23/2023 3,948.75 100396 Moe Engineering, Inc. Engineering Services Hummingbird Cottage 03/16/2023 6,440.50 100425 Monica Kern Turf Rebate 03/23/2023 1,000.00
100337 Music in Place Event Deposit Refund. Music in Place 03/09/2023 800.00 100338 Nyberg Landscaping Monthly Maintenance January 2023 03/09/2023 600.00 100466 Nyberg Landscaping Monthly Maintenance Feb 2023 03/30/2023 1,800.00 2,400.00
100296 Office Depot - City Supplies 03/02/2023 923.54
100297 Office Depot - City Supplies 03/02/2023 494.21
100298 Office Depot - City Supplies 03/02/2023 443.04
100339 Office Depot - City Supplies 03/09/2023 192.48
100339 Office Depot - City Supplies 03/09/2023 1,173.41 100467 Office Depot - City Supplies 03/30/2023 249.94
100467 Office Depot - City Supplies 03/30/2023 323.57
100468 Office Depot - City Supplies 03/30/2023 35.94
100468 Office Depot - City Supplies 03/30/2023 365.92
4,202.05
100299 O'Reilly Auto Parts Supplies 03/02/2023 45.20
100340 O'Reilly Auto Parts Supplies 03/09/2023 201.55
100340 O'Reilly Auto Parts Supplies 03/09/2023 7.35
254.10
100341 Pace Supply Corp Supplies 03/09/2023 683.65
100341 Pace Supply Corp Supplies 03/09/2023 1,958.23
100469 Pace Supply Corp Hydrant Check Valves 03/30/2023 9,672.78 12,314.66
100300 Pacific Gas And Electric January 2023 03/02/2023 3,131.38 100300 Pacific Gas And Electric January 2023 03/02/2023 458.48 100300 Pacific Gas And Electric January 2023 03/02/2023 4,691.76 100300 Pacific Gas And Electric January 2023 03/02/2023 6,343.78 100300 Pacific Gas And Electric January 2023 03/02/2023 2,777.23 100431 Pacific Gas And Electric Feb 2023 03/23/2023 3,985.72 100431 Pacific Gas And Electric Feb 2023 03/23/2023 79.98 100431 Pacific Gas And Electric Feb 2023 03/23/2023 4,553.22 100431 Pacific Gas And Electric Feb 2023 03/23/2023 6,325.60 100431 Pacific Gas And Electric Feb 2023 03/23/2023 2,264.37 34,611.52
100342 Paradise Pictures LLC Supplies 03/09/2023 365.00 100343 PR Diamond Products Supplies 03/09/2023 367.00
100432 Public Agency Retirement Services Fees November 2022 03/23/2023 600.00 100397 Quadient Finance USA, Inc. Postage Feb 2023 03/16/2023 1,304.03 100301 Ready Refresh Drinking Water PD 03/02/2023 243.18 100471 Ready Refresh Drinking Water 03/30/2023 25.97
100471 Ready Refresh Drinking Water 03/30/2023 243.18
512.33
100434 REMIF Employee Assistance Program April 2023 03/23/2023 11.36 100434 REMIF Employee Assistance Program April 2023 03/23/2023 6.11 100434 REMIF Employee Assistance Program April 2023 03/23/2023 5.11 100434 REMIF Employee Assistance Program April 2023 03/23/2023 8.66 100434 REMIF Employee Assistance Program April 2023 03/23/2023 1.70 100434 REMIF Employee Assistance Program April 2023 03/23/2023 18.32 100434 REMIF Employee Assistance Program April 2023 03/23/2023 12.78 100434 REMIF Employee Assistance Program April 2023 03/23/2023 9.51 100434 REMIF Employee Assistance Program April 2023 03/23/2023 5.11 100434 REMIF Employee Assistance Program April 2023 03/23/2023 8.80 100434 REMIF Employee Assistance Program April 2023 03/23/2023 0.43 100434 REMIF Employee Assistance Program April 2023 03/23/2023 1.42 100434 REMIF Employee Assistance Program April 2023 03/23/2023 4.40 100434 REMIF Employee Assistance Program April 2023 03/23/2023 22.73 116.44
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Agenda Item #7.6:
100344 Republic Services of Sonoma County Waste/Compost Services 03/09/2023 321.11 100344 Republic Services of Sonoma County Waste/Compost Services 03/09/2023 267.92 589.03
100345 Ricoh USA, inc Copier Lease 03/09/2023 123.70
100398 Ricoh USA, inc Copier Lease 03/16/2023 122.64
100399 Ricoh USA, Inc. US2 Copier Lease 03/16/2023 212.43 100435 Ricoh USA, Inc. US3 Copier Lease 03/23/2023 292.49 751.26
100346 RingCentral Inc Phones 03/09/2023 1,821.27
100473 RingCentral Inc Phones 03/30/2023 1,821.85
3,643.12
100304 Robert A. Smith Code Enforcement 03/02/2023 1,250.00 100348 Robert A. Smith Code Enforcement and City Prosecutor Services Q4 2022 03/09/2023 23,311.10 24,561.10
100368 Ryan Hamley UB Deposit Refund 03/09/2023 84.93
100436 SCLECA 2023 Membership Dues 03/23/2023 200.00
100400 Sebastiani Building Investors Monthly lease payment 03/16/2023 6,109.00 100303 Shred-It USA Shredding Service 03/02/2023 73.27
100474 Shred-It USA Shredding Service 03/30/2023 72.16
145.43
100475 Soiland Co, Inc Supplies 03/30/2023 120.34
100475 Soiland Co, Inc Supplies 03/30/2023 120.34
240.68
100476 Sonoma Blueprint 1211 Broadway Blueprints 03/30/2023 560.85 100476 Sonoma Blueprint 1211 Broadway Blueprints 03/30/2023 71.46 632.31
100401 Sonoma Community Center FY22-23, City Sponsorship/Service Contract 03/16/2023 3,333.33 100437 Sonoma County Depart of Emergency Management Emergency Response- Warming Center 03/23/2023 4,812.18 100305 Sonoma County Sheriff's Office Law Enforcement Contract Jan 2023 03/02/2023 541,679.82 100306 Sonoma County Water Agency Water Purchase Jan 2023 03/02/2023 121,665.99 100438 Sonoma County Water Agency Water Purchase Feb 2023 03/23/2023 104,272.39 225,938.38
100349 Sonoma Ecology Center Maintenance and Management of Nathanson Oxbow and Demonstration 03/09/2023 2,095.62 100349 Sonoma Ecology Center Maintenance and Management Montini Preserve 03/09/2023 6,178.25 100402 Sonoma Ecology Center FY22-23, City Sponsorship/Service Contract 03/16/2023 2,083.33 100477 Sonoma Ecology Center MONTINI CONNECTOR TRAIL CONSTRUCTION 03/30/2023 11,064.24 21,421.44
100350 Sonoma Embroidery Uniforms 03/09/2023 90.00
100478 Sonoma Materials Inc Supplies 03/30/2023 135.63
100351 Sonoma Media Investments Advertising 03/09/2023 320.00 100351 Sonoma Media Investments Advertising 03/09/2023 1,951.52 2,271.52
100403 Sonoma Tourism Improvement Dist. TID Receipts Rec'd in February 2023 03/16/2023 39,059.39 100404 Sonoma Valley Chamber of Commerce Business & Economic Vitality Svcs, FY22-23 03/16/2023 10,416.66 100439 Sonoma Valley Community Communications A/V Maintenance 03/23/2023 5,133.33 100405 Sonoma Valley Field of Dreams Monthly Payment, Athletic Field Maintenance/Ops 03/16/2023 1,250.00 100352 Sonoma Valley Fire & Rescue Authority City Reimbursements for 3 SAFER Positions 03/09/2023 573,940.24 100406 Sonoma Valley Visitors Bureau FY22-23, Monthly Payment Per Contract 03/16/2023 8,333.33 100353 Sonoma Valley Youth Soccer Association Sonoma Valley Youth Soccer Deposit Refund 03/09/2023 860.00 100354 Sonoma Veterinary Clinic Vet Services Reissue Check 99323 03/09/2023 185.00 ACH State of California Employment Development Dept. Late Fee for Q4 Taxes 03/02/2023 62.34 100440 Tax Collector of Sonoma County DMV Parking Citations 7/2022 to 3/2023 03/23/2023 1,645.00 100455 Terrence Erickson SCADA Training Travel 03/30/2023 134.41 100480 The Rental Place Supplies 03/30/2023 25.97
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Agenda Item #7.6:
100481 The Sonoma Index-Tribune Newspaper Subscription 03/30/2023 110.53 100482 Thunderbird Communications Inc Engineering Services for the Sonoma SCADA system 03/30/2023 4,780.00 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 404.25 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 6,572.57 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 98.28 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 665.31 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 131.60 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 166.75 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 1,307.46 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 88.47 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 1,181.84 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 138.01 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 895.07 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 120.00 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 247.98 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 50.00 100355 U.S. Bank Corp Pmt System Feb 2023 CalCARD Purchases 03/09/2023 744.70 12,812.29
ACH U.S. Department of the Treasury Penalty June 2022 03/30/2023 1,761.17 100307 Uline Supplies 03/02/2023 922.03
100307 Uline Supplies 03/02/2023 297.07
100307 Uline Supplies 03/02/2023 225.37
100483 Uline Supplies 03/30/2023 2,277.20
3,721.67
100356 United Rentals (North America) equipment rental 03/09/2023 1,766.46 100356 United Rentals (North America) equipment rental 03/09/2023 449.19 2,215.65
100357 Universal Building Services Janitorial Services Jan 2023 03/09/2023 1,003.50 100357 Universal Building Services Janitorial Services Jan 2023 03/09/2023 207.00 100357 Universal Building Services Janitorial Services Jan 2023 03/09/2023 207.00 100357 Universal Building Services Janitorial Services Jan 2023 03/09/2023 2,440.50 100357 Universal Building Services Janitorial Services Jan 2023 03/09/2023 207.00 100484 Universal Building Services Janitorial Services Feb 2023 03/30/2023 1,003.50 100484 Universal Building Services Janitorial Services Feb 2023 03/30/2023 207.00 100484 Universal Building Services Janitorial Services Feb 2023 03/30/2023 207.00 100484 Universal Building Services Janitorial Services Feb 2023 03/30/2023 4,597.50 100484 Universal Building Services Janitorial Services Feb 2023 03/30/2023 207.00 10,287.00
100407 US Bank Voyager Fleet Sys Gas PD 03/16/2023 1,024.45 100441 US Bank Voyager Fleet Sys Gas 03/23/2023 5,069.39 100441 US Bank Voyager Fleet Sys Gas 03/23/2023 1,467.14 100441 US Bank Voyager Fleet Sys Gas 03/23/2023 66.60
100441 US Bank Voyager Fleet Sys Gas 03/23/2023 667.80
100441 US Bank Voyager Fleet Sys Gas 03/23/2023 1,234.79 9,530.17
100358 USABluebook Supplies 03/09/2023 1,240.84
100358 USABluebook Supplies 03/09/2023 3,307.66
4,548.50
100308 Verizon Wireless Communications Jan 2023 03/02/2023 121.32 100308 Verizon Wireless Communications Jan 2023 03/02/2023 40.44 100308 Verizon Wireless Communications Jan 2023 03/02/2023 470.01 100308 Verizon Wireless Communications Jan 2023 03/02/2023 324.89 100308 Verizon Wireless Communications Jan 2023 03/02/2023 188.69 100308 Verizon Wireless Communications Jan 2023 03/02/2023 96.05 100308 Verizon Wireless Communications Jan 2023 03/02/2023 108.33 100308 Verizon Wireless Communications Jan 2023 03/02/2023 335.77 100308 Verizon Wireless Communications Jan 2023 03/02/2023 30.74 100308 Verizon Wireless Communications Jan 2023 03/02/2023 314.00 100442 Verizon Wireless Communications Feb 2023 03/23/2023 121.37 100442 Verizon Wireless Communications Feb 2023 03/23/2023 40.44 100442 Verizon Wireless Communications Feb 2023 03/23/2023 337.01 100442 Verizon Wireless Communications Feb 2023 03/23/2023 188.98 100442 Verizon Wireless Communications Feb 2023 03/23/2023 94.61 100442 Verizon Wireless Communications Feb 2023 03/23/2023 56.08 100442 Verizon Wireless Communications Feb 2023 03/23/2023 335.77 100442 Verizon Wireless Communications Feb 2023 03/23/2023 30.74 100442 Verizon Wireless Communications Feb 2023 03/23/2023 321.33 3,556.57
100359 Vintage House Payment for the Alcalde Reception 3/23 - Rental Payment 03/09/2023 340.00 100409 Vintage House FY22-23, City Sponsorship/Service Contract 03/16/2023 3,333.33 3,673.33
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Vendor Total
Agenda Item #7.6:
100410 Watersavers Irrigation Supplies 03/16/2023 371.04 100486 waterTALENT, LLC Temp Staffing Week Ending 02/19/2023 03/30/2023 12,614.00 100361 Websoft Developers Inc Mobile MMS Subscription 03/09/2023 1,320.00 100361 Websoft Developers Inc Mobile MMS Subscription 03/09/2023 3,960.00 100361 Websoft Developers Inc Mobile MMS Subscription 03/09/2023 7,920.00 13,200.00
100362 Wellander Steel Built Repair/ Maintenance Supplies 03/09/2023 963.56 100488 Wilson's Locksmith Mobile Locksmith Service 03/30/2023 100.00 100489 Wine Country Sanitary Pumped Septic Tank 03/30/2023 775.00 100364 Wittman Enterprises, LLC EMS Billing Feb 2023 03/09/2023 7,012.56 Vendor Total $ 2,018,544.75
Employee Payroll and Benefits $ 348,446.05
$ 2,366,990.80
Vendor Total
Agenda Item #7.6:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Administration
Staff Contact
Mark Linder, Interim City Manager
Agenda Item Title
Adopt a Resolution Approving Compensation Adjustments for Certain Non-Represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel, and Implementing the Adjusted Salaries and Wages of the Non-represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel Summary
The City Council is being asked to approve an adjustment to compensation of the following Non-Represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel positions:
Deputy Finance Director
Accountant
Assistant to the City Manager
Senior Management Analyst (Public Information Officer) Senior Management Analyst (Special Events/Community Partners) The above referenced positions are part of an employee group which is not unionized, the Non-Represented Confidential Personnel and Executive, Management and Administrative Personnel, for which terms and conditions of employment are established by City Council resolution rather than a negotiated MOU.
Pursuant to Resolution 55-2019, the previous Memorandum of Understanding for the NonRepresented Confidential Personnel and Executive, Management and Administrative Personnel for the period July, 2019 through June 30, 2022 included the following:
U. CITY CLASSIFICATION PLAN AND COMPENSATION STUDY
During the term of the agreement, the City intends to begin the process to review and update the job descriptions for all positions (within the Non-Represented Executive/At-Will, Management and Administrative Personnel unit), in City service including performing a total compensation study twelve (12) months prior to contract term.
During the FY21/22 budget process, City Council directed staff to complete the study for positions within this unit to ensure compensation was equitable and at comparable levels with local jurisdictions. (local comparable jurisdictions were agreed upon with SEIU Local 1021 in other studies for positions within both units.) This study was completed in September 2021.
The study revealed that several of the Management positions within the unit were roughly 8- 15% below market. In order to avoid salary compaction and to ensure the City is able to retain and recruit personnel, staff recommended that the City Council increase the base salaries of the entire unit by 10%.
Due to the lapse of time between when the study was conducted and when the results were presented, City Council directed staff to conduct a more recent compensation study for Agenda Item #7.7:
positions within this unit. The recent compensation study, completed in November 2022, revealed approximately the same positions and percentages below market.
City Council voted the increase of selected position salaries by 10% retroactive to August 17, 2022, in a Regular meeting on December 7, 2022, with the intent that the above referenced Non-Represented Confidential Personnel and Executive, Management and Administrative positions in this unit be reviewed to ensure compensation is equitable and at comparable levels with local jurisdictions at a future date. At its Closed Session meeting on April 3, 2023, City Council reviewed and discussed an increase for the above referenced position salaries by 10% effective the pay period ending on April 27, 2023 to ensure compensation is equitable and at comparable levels with local jurisdictions
The salary adjustments for the Non-Represented Confidential Personnel and Executive/AtWill, Management and Administrative Personnel are reflected in the revised Salary Schedule that is attached as Exhibit A.
This agenda item is requesting the City Council approve the compensation adjustments for the specific Management positions referenced in this report as part of the Non-Represented Confidential Personnel and Executive, Management and Administrative Personnel and adopt the attached resolution.
Recommended Council Action
Adopt a resolution of the City Council of the City of Sonoma Approving Compensation Adjustments for Certain Non-Represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel, and Implementing the Adjusted Salaries and Wages of the Non-represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel as referenced.
Alternative Actions
Council Discretion
Financial Impact
The FY 22/23 budget has sufficient funds to cover the increase in salary and benefit expense contained in the terms, conditions and compensation adjustments for the Non-Represented Confidential Personnel and Executive, Management and Administrative Personnel referenced in the Resolution.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Reso-Mgmt Comp Adjust 4.19.23
Exhibit A Employee Salary Schedule Spreadsht 10% adj 4.19.23 Agenda Item #7.7:
City of Sonoma
RESOLUTION # ______-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING
COMPENSATION ADJUSTMENTS FOR CERTAIN NON-REPRESENTED CONFIDENTIAL
PERSONNEL AND EXECUTIVE/AT-WILL, MANAGEMENT AND ADMINISTRATIVE
PERSONNEL, AND IMPLEMENTING THE ADJUSTED SALARIES AND WAGES OF THE
NON-REPRESENTED CONFIDENTIAL PERSONNEL AND EXECUTIVE/AT-WILL,
MANAGEMENT AND ADMINISTRATIVE PERSONNEL
WHEREAS, the City Council wishes to provide an adjustment to compensation for the following Non-Represented Confidential Personnel and Executive/At-Will, Management and Administrative Personnel classifications, in line with a recent compensation study:
● Deputy Finance Director
● Accountant
● Assistant to the City Manager
● Senior Management Analyst (Public information Officer) ● Senior Management Analyst (Special Events & Community Partners); and WHEREAS, the salary for the above-referenced classifications shall be raised by ten percent (10%) effective for the pay period ending April 27, 2023; and WHEREAS, it is the intent of the City Council to ensure that compensation for these positions shall be equitable and at comparable levels with local jurisdictions.
NOW, THEREFORE, BE IT RESOLVED that:
The Interim City Manager shall effectuate the changes set forth in this resolution.
PASSED AND ADOPTED at a Regular Meeting of the City Council on April 19, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Lowe, Mayor
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.7:
EXHIBIT A
10% City Salary Schedule Adjustment A B C D E
Deputy Finance Director 141,487 148,561 155,990 163,789 171,978 Accountant 88,816 93,257 97,919 102,816 107,956
Assistant to the City Manager 111,789 117,378 123,247 129,409 135,880 Senior Management Analyst - PIO 106,465 111,789 117,378 123,247 129,409 Senior Management Analyst - Events/CPs 106,465 111,789 117,378 123,247 129,409 *Current City Salary Schedule A B C D E
Deputy Finance Director 128,625 135,056 141,809 148,899 156,344 Accountant 80,742 84,779 89,018 93,469 98,142
Assistant to the City Manager 101,626 106,707 112,042 117,644 123,527 Senior Management Analyst - PIO 96,786 101,626 106,707 112,042 117,644 Senior Management Analyst - Events/CPs 96,786 101,626 106,707 112,042 117,644 Annual
Annual
Agenda Item #7.7:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Planning and Community Services
Staff Contact
Kristina Tierney, Associate Planner
Agenda Item Title
Discussion, Consideration, and Possible Action to Introduce an Ordinance amending the Sonoma Municipal Code Title 19 of the Sonoma Municipal Code, to Move Section 19.50.090 (Accessory dwelling units) from Chapter 19.50 (Special Use Standards) to New Chapter
19.45 (Accessory Dwelling Units) and Amending the Section to Allow Second Story ADUs Without a Use Permit and to Comply with New State Laws and Finding the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and Section 15061(B)(3) – General Rule – of the CEQA Guidelines
Summary
On January 20, 2021 the City Council of the City of Sonoma adopted a new Accessory Dwelling Unit (ADU) ordinance that complied with state law. Since that time, additional ADU regulations have been enacted, including most recently on September 28, 2022, Governor Gavin Newsom signed into law California Assembly Bill 2221 and Senate Bill 897, which update the California Government Code and the Health and Safety Code to impose additional duties on local governments in the administration of the development of accessory dwelling units and imposes a state-mandated local program.
The Planning Commission has independently discussed second story ADUs and expressed a desire to amend the Sonoma Municipal Code to eliminate the requirement for a Use Permit for a second story attached or detached ADU. Currently, ADUs are limited to a single story and 16 feet in height. On February 16, 2023, the Planning Commission held a study session on the proposed ADU ordinance. Study session discussion topics included:
Permitting for second story attached and detached ADUs Design criteria for second story ADUs
Parking standards
Other suggestions for streamlining or clarification
The Planning Commission provided direction to staff on the above topics and directed staff to return with a revised ordinance relocating the ADU standards from SMC Chapter 19.50 (Special Use Standards), Section 19.50.090 (Accessory dwelling units) to new Chapter 19.45 (Accessory dwelling units) to reflect their importance. The revised ordinance was reviewed by the Planning Commission on March 16, 2023 and including the following changes:
Move ADU standards to new Chapter 19.45
Eliminate parking requirements
Allow second story ADUs
Eliminate size restrictions based on the size of the primary residence The Planning Commission unanimously recommended that the ordinance be forwarded to City Council for introduction. In addition to streamlining the permitting process to allow two-story Agenda Item #8.1:
ADUs with a building permit, this proposed ordinance builds on a previous amendment that allowed duplexes as a principally permitted use in the Low Density Residential (R-L) zoning district (adopted by City Council on November 2, 2022) and would allow a total of 4 units on a property zoned Low Density Residential (one duplex plus two ADUs).
Recommended Council Action
Introduce 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
Proposed Ordinance - ADU 2023 April 19 CC Draft
Agenda Item #8.1:
1 Ord. Title 19 SMC 2022
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING TITLE 19 OF THE SONOMA MUNICIPAL CODE, TO REPEAL SECTION 19.50.090 (ACCESSORY DWELLING UNITS) AND CREATE NEW CHAPTER 19.45 (ACCESSORY DWELLING UNITS) INCLUDING
AMENDMENTS TO ALLOW SECOND STORY ADUS WITHOUT A USE PERMIT AND TO
COMPLY WITH NEW STATE LAWS PERTAINING TO ACCESSORY DWELLING UNITS AND
FINDING THAT THE PROPOSED AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND SECTION 15061(B)(3) – GENERAL RULE – OF THE CEQA GUIDELINES.
WHEREAS, the California Legislature has declared that there is a severe shortage of affordable housing and has changed laws to expedite the local residential development process, including regulations requiring the modification of local regulations to streamline housing development and for clarity; and WHEREAS, on January 20, 2021 the City Council of the City of Sonoma adopted a new Accessory Dwelling Unit (ADU) ordinance that complied with state law;
WHEREAS, on September 28, 2022, Governor Gavin Newsom signed into law California Assembly Bill 2221 and Senate Bill 897, which update the California Government Code and the Health and Safety Code to impose additional duties on local governments in the administration of the development of accessory dwelling units and imposes a statemandated local program; and WHEREAS, the Planning Commission has provided direction to staff to amend the zoning code to allow second story ADUs without a Use Permit; and
WHEREAS, on February 16, 2023, the Planning Commission held a study session to discuss amendments to Section 19.50.090 (Accessory Dwelling Units) and amending the section to allow second story ADUs without a Use Permit and to comply with new state laws; and
WHEREAS, on March 16, 2023, the Planning Commission reviewed an updated ordinance reflecting direction from the February 16, 2023 hearing; and
WHEREAS, the City Council found this ordinance to be exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17 because this ordinance implements the requirements of state law relating to the construction of accessory dwelling units and Section 15061(b)(3) - General Rule - of the CEQA Guidelines prior to taking action; and
WHEREAS, on April 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendments to the Sonoma Municipal Code
Agenda Item #8.1:
2 Ord. Title 19 SMC 2022
A. Section 19.50.090 (Accessory dwelling units) is repealed in its entirety.
19.50.090 Accessory dwelling units.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s General Plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows. Where there is a conflict between these definitions and those found elsewhere in this code, these definitions shall prevail for this section.
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.l of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
Agenda Item #8.1:
3 Ord. Title 19 SMC 2022
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. “Efficiency kitchen” means a kitchen that includes a cooking facility with appliances, a limited food preparation counter, and storage cabinets. The entire kitchen shall not exceed six lineal feet, except that if existing counter space is being converted to efficiency kitchen use, then the counter space shall not exceed eight lineal feet.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that:
a. Is a minimum of 150 square feet and no more than 500 square feet in size; b. Is contained entirely within an existing or proposed single-family structure; c. Includes a separate entrance from the main entrance to the existing or proposed single-family structure;
d. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
e. Includes an efficiency kitchen, as defined in subsection (C)(4) of this section.
6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
9. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Agenda Item #8.1:
4 Ord. Title 19 SMC 2022
10. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-Family Lot. Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
ii. Has exterior access that is independent of that for the single-family dwelling. iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies the following limitations:
i. The side and rear yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade is 16 feet or less.
c. Converted on Multifamily Lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this subsection.
Agenda Item #8.1:
5 Ord. Title 19 SMC 2022
d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side and rear yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller.
2. ADU Permit.
a. Except as allowed under subsection (D)(1) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) of this section.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the planning and community services director and approved by the city council by resolution.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must act on an ADU permit application or building permit application to create an ADU or JADU within 60 days from the date that the city receives a completed application, unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) of this section:
Agenda Item #8.1:
6 Ord. Title 19 SMC 2022
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
4. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
5. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
6. Owner Occupancy.
a. All ADUs created before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was created. b. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
7. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the planning and community services director. The deed Agenda Item #8.1:
7 Ord. Title 19 SMC 2022
restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU shall be restricted to the floor area granted at the time of building permit. Any owner wishing to incorporate the floor area of the ADU or JADU back into the primary dwelling unit must request termination of the ADU or JADU use under this section, satisfying all zoning and development standards such as setbacks, floor area and lot coverage.
c. Owner-occupancy is required for parcels with a JADU, consistent with subsection (E)(6)(b) of this section.
d. The deed restriction runs with the land and may be enforced against future property owners.
e. The deed restriction is enforceable by the planning and community services director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section:
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. A detached ADU exceeding 650 square feet in floor area that is created on a lot with an existing single-family dwelling is further limited to 50 percent of the floor area of the existing single-family dwelling.
Agenda Item #8.1:
8 Ord. Title 19 SMC 2022
d. Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.
2. Floor Area Ratio (FAR) and Lot Coverage. An ADU shall conform to all lot coverage and floor area ratio regulations applicable to the zoning district in which the property is located, subject to subsection (F)(1)(d) of this section.
3. Setbacks.
a. No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
b. A setback of four feet from the side and rear lot lines is required for detached and attached ADUs.
c. Front setbacks shall comply with those established in the zoning district where the parcel is located. Detached accessory dwelling units shall comply with front setback restrictions for accessory structures while attached accessory dwelling units shall comply with front setback restrictions for primary structures.
4. Height.
a. A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure.
b. A second story or two-story attached ADU may not exceed the height of the primary dwelling.
5. Location. A detached ADU shall be separated from the main dwelling unit a minimum of 10 feet.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(10) of this section.
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9 Ord. Title 19 SMC 2022
b. Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(9) of this section.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) of this section.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established city-approved car share vehicle stop located within one block of the ADU.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. Architectural and Building Form Requirements.
a. An ADU shall include a kitchen for cooking and eating and other permanent provisions for living and sleeping, including a closet or other reasonable storage. b. An ADU shall be similar in materials, color, style, and form of the primary residence.
Architectural details, including, but not limited to, windows, roof pitch, and trim shall be similar to the main building on the property.
c. Lighting shall be shielded or directed so that it does not glare off site or illuminate the primary residence or adjacent property.
d. Windows shall be located to avoid line of sight to windows of adjacent properties.
Obscured glass and other techniques may be used to avoid line of sight. e. An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the Agenda Item #8.1:
10 Ord. Title 19 SMC 2022
greatest extent feasible, the privacy of the primary residence, other accessory structures, and any adjoining residences.
f. A permanent foundation shall be required for all ADUs.
G. Fees.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
2. Utility Fees.
a. Converted ADUs and JADUs on a single-family lot, created under subsection (D)(1)(a) of this section, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.
b. All ADUs and JADUs not covered by subsection (G)(2)(a) of this section require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.
H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (G)(2) of this section may be allowed by the city with a use permit, in accordance with the other provisions of this title.
I. Termination of Permit and Use for ADUs and JADUs.
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11 Ord. Title 19 SMC 2022
1. Termination of Permit
a. No building permit shall be issued to remove permanent features of an ADU, including the provisions for eating, cooking and sanitation, and separate exterior entrance until written approval to terminate the use of living space as an ADU or JADU is granted by the planning and community services director or his or her designee. b. At its discretion, the planning and community services director may grant an owner’s written request to terminate an ADU or JADU and deed restriction. The planning and community services director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the ADU or JADU, and the impact on the city’s affordable housing supply. c. As a condition of termination, the planning and community services director shall require the owner to make modifications to the property to comply with: (i) current building code requirements and (ii) current development standards in effect at the time the request is made to terminate use, including but not limited to setbacks, height, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the city’s building and fire codes.
J. Violations and Enforcement for ADUs and JADUs.
1. Violations.
a. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required city approvals, or does not comply with standards and deed restrictions established in this section.
Violations are subject to the enforcement penalties and procedures of Chapter 1.28 SMC.
b. In addition to the enforcement penalties and procedures included in Chapter 1.28 SMC, the city may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this chapter, or an ADU or JADU not maintained in conformance with this chapter including:
i. Revocation of the ADU or JADU permit;
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12 Ord. Title 19 SMC 2022
ii. Where an ADU or JADU has been improperly terminated and is being used as habitable space for the primary dwelling, removal of the floor area serving as habitable space may be required; and
iii. In any civil enforcement action, the city is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter. (Ord. 01-2021 § 1(3), 2021; Ord. 01-2017 § 3 (Exh.
C), 2017).
B. New Chapter 19.45 (Accessory dwelling units) is added to Title 19 as follows:
Chapter 19.45
ACCESSORY DWELLING UNITS
Sections:
19.45.010 Purpose.
19.45.020 Effect of Conforming.
19.45.030 General ADU and JADU Requirements.
19.45.040 ADU Development Standards.
19.45.050 Design Standards.
19.45.060 Approval Process.
19.45.070 Nonconforming ADUs and Discretionary Approval.
19.45.080 Termination of Permit and Use.
19.45.090 Violations and Enforcement.
19.45.010 Purpose.
The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22 and to encourage the development of affordable housing.
19.45.020 Effect of Conforming.
An ADU or JADU that conforms to the standards in this chapter will not be:
A. Deemed to be inconsistent with the city’s General Plan and zoning designation for the lot on which the ADU or JADU is located.
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13 Ord. Title 19 SMC 2022
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
C. Considered in the application of any local ordinance, policy, or program to limit residential growth.
D. Required to correct a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
19.45.030 General ADU and JADU Requirements.
A. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence; provided however that construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
B. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
C. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a duplex or multifamily lot).
D. Septic System. If the ADU or JADU will connect to an existing on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
E. Owner Occupancy.
1. All ADUs permitted before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was permitted.
2. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
F. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the planning and community services director. The deed restriction must run with the land and bind all future owners.
The form of the deed restriction will be provided by the city and must provide that:
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14 Ord. Title 19 SMC 2022
1. The ADU or JADU may not be sold separately from the primary dwelling.
2. Owner-occupancy is required for parcels with a JADU, consistent with SMC 19.45.030 (E)(2) of this chapter.
4. The deed restriction runs with the land and may be enforced against future property owners.
5. The deed restriction is enforceable by the planning and community services director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
19.45.040 ADU Permit Development Standards.
The following requirements apply only to ADUs that require an ADU permit under SMC Section 19.45.060 (B):
A. Maximum Size.
1. The maximum size of a detached or attached ADU requiring an ADU Permit is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.
2. Application of other development standards might further limit the size of the ADU, but the application of development standards shall not require the ADU to be less than 800 square feet.
B. Floor Area Ratio (FAR) and Site Coverage. An ADU shall conform to all site coverage and floor area ratio regulations applicable to the zoning district in which the property is located but no application of FAR or site coverage standards requirements may require the ADU to be less than 800 square feet.
C. Setbacks.
1. No setback is required for a legally constructed existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as a legally constructed existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
2. A minimum setback of four feet from the side and rear lot lines is required for detached and attached ADUs.
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15 Ord. Title 19 SMC 2022
3. Front and street-side setbacks shall comply with those established in the zoning district where the parcel is located. Detached accessory dwelling units shall comply with front and streetside setback restrictions for accessory structures while attached accessory dwelling units shall comply with front setback restrictions for primary structures. However, where the imposition of front or street-side setbacks under this subsection would prohibit the development of an ADU of at least 800 square feet on the parcel, front and street-side setbacks shall be a minimum of four feet.
D. Height.
1. Lots with an existing or proposed single family dwelling unit. a. A single-story detached ADU shall not exceed 16 feet in height above grade, measured to the peak of the structure.
b. An attached ADU shall not exceed the maximum allowable height of the primary dwelling as allowed by the underlying zoning development requirements. c. A two-story detached ADU shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.
2. Lots with a proposed or existing duplex or multi-family dwelling unit a. A detached accessory dwelling unit shall not exceed 18 feet on a lot with an existing or proposed multifamily, multistory dwelling.
b. A single-story detached ADU shall not exceed 16 feet in height above grade, measured to the peak of the structure.
c. An attached ADU may not exceed the height of the primary dwelling as allowed by the underlying zoning development requirements.
d. A two-story detached ADU shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.
E. An ADU shall include a kitchen and other permanent provisions for living and sleeping, including a closet or other reasonable storage.
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16 Ord. Title 19 SMC 2022
F. Lighting shall be shielded or directed so that it does not glare off site or illuminate any dwelling unit or adjacent property.
G. Windows shall be located to avoid line of sight to windows of adjacent properties. Obscured glass and other techniques may be used to avoid line of sight.
H. An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence, other accessory structures, and any adjoining residences.
I. A permanent foundation shall be required for all ADUs.
J. Fees.
1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
2. Utility Fees.
a. Converted ADUs and JADUs on a single-family lot, created under Section 19.45.060 (A)(1), are not required to have a new or separate utility connection directly between the ADU or JADU and the utility main. A connection fee or capacity charge shall not be required unless the ADU or JADU is constructed with a new primary dwelling.
b. All ADUs and JADUs not covered by Section 19.45.050 (A)(2)(a) above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the California Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.
Agenda Item #8.1:
17 Ord. Title 19 SMC 2022
19.45.060 Approval Process.
A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section
19.45.030 (General ADU and JADU Requirements), it is allowed with only a building permit in the following scenarios:
1. ADU Established from Existing Converted Space - Single-Family. Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
ii. Has exterior access that is independent of that for the single-family dwelling. iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
2. New Detached ADU – Single Family. One detached, new-construction ADU on a lot with a proposed or existing primary residence (in addition to any JADU that might otherwise be established on the lot under Section 19.45.060 (A)(1)), if the detached ADU satisfies the following limitations:
i. The side and rear yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade is 16 feet or less.
3. ADU Established from Existing Converted Space - Multifamily. ADUs may be created within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this subsection.
4. New Detached ADU – Multifamily and Duplexes. No more than two detached ADUs on a lot that has an existing or proposed duplex or multifamily dwelling if each detached ADU satisfies the following limitations:
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18 Ord. Title 19 SMC 2022
i. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection. ii. The total floor area is 800 square feet or smaller. iii. Complies with the height limit in Section 19.45.040(D)(2)(a) or (b).
B. ADU Permit Required.
1. Except as allowed under Section 19.45.060 (A) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in 19.45.030 (General ADU and JADU Requirements) and 19.45.040 (ADU Permit Development Standards).
2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the planning and community services director and approved by the city council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an ADU permit application or building permit application to create an ADU or JADU within 60 days from the date that the city receives a completed application, unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.
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19 Ord. Title 19 SMC 2022
19.45.070 Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in 19.45.010 through 19.45.060 may be allowed by the city with a use permit, in accordance with the other provisions of this title.
19.45.080 Termination of Permit and Use for ADUs and JADUs.
A. No building permit shall be issued to remove permanent features of an ADU, including the provisions for eating, cooking and sanitation, and separate exterior entrance until written approval to terminate the use of living space as an ADU or JADU is granted by the planning and community services director or his or her designee.
B. At its discretion, the planning and community services director may grant an owner’s written request to terminate an ADU or JADU and deed restriction. The planning and community services director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the ADU or JADU, and the impact on the city’s affordable housing supply.
C. As a condition of termination, the planning and community services director shall require the owner to make modifications to the property to comply with: (i) current building code requirements and (ii) current development standards in effect at the time the request is made to terminate use, including but not limited to setbacks, height, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the city’s building and fire codes.
19.45.090 Violations and Enforcement.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required city approvals, or does not comply with standards and deed restrictions established in this section. Violations are subject to the enforcement penalties and procedures of Chapter 1.28 SMC.
B. In addition to the enforcement penalties and procedures included in Chapter 1.28 SMC, the city may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this chapter, or an ADU or JADU not maintained in conformance with this chapter including:
1. Revocation of the ADU or JADU permit;
2. Where an ADU or JADU has been improperly terminated and is being used as habitable space for the primary dwelling, removal of the floor area serving as habitable space may be required; and Agenda Item #8.1:
20 Ord. Title 19 SMC 2022
3. In any civil enforcement action, the city is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter. (Ord. 01- 2021 § 1(3), 2021; Ord. 01-2017 § 3 (Exh. C), 2017).
C. Section 19.92 of the Sonoma Municipal Code is amended to add the following definitions:
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Accessory structure” means a structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this development code, accessory structures and uses include: detached accessory dwelling units, detached garages, greenhouses, artist’s studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.
SECTION 2. Findings for Development Code Amendments.
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:
A. Are consistent with the goals, policies, and actions of the General Plan because the amendments promote and preserve the use of property for housing;
B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above;
C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments facilitate permitting of duplexes in the low density residential zoning district and multifamily residential dwellings in the medium density and high density residential zoning districts, clarify the review process for concurrent applications to streamline permit processing, and clarify development standards for residential development projects.
SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city.
City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under Public Resources Code Section 21080.17 and 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 Agenda Item #8.1:
21 Ord. Title 19 SMC 2022
exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.
SECTION 4. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Effective Date.
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 6. Publication.
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 7. This Ordinance Prevails Where There is Conflict.
To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.
APPROVED:
__________________________
Sandra Lowe, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
Agenda Item #8.1:
22 Ord. Title 19 SMC 2022
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the _________________________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Agenda Item #8.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Administration
Staff Contact
Liz Garcia, Deputy Finance Director
Agenda Item Title
Update on FY 2022-23 Budget to Actuals and Discussion, Consideration and Possible Action to Adopt a Resolution Regarding Mid-Year Budget Amendments to the City of Sonoma’s Operating and Capital Budgets for FY 2022-23
Summary
The final budget for fiscal year 2022-23 was adopted on June 1, 2022. The adopted budget included budgets for each fund, as well as a capital budget tied to the 5-year capital improvement plan.
With its tourism-based local economy, the City of Sonoma relies heavily on revenues that were significantly impacted by the pandemic. While FY 2019-20 began with a balanced budget, steep drops in hotel and sales taxes for the 4th quarter (April – June) led to an estimated revenue shortfall of more than $2M. In May 2020, the City Council approved a plan to reduce expenditures by cutting spending wherever possible and deferring one-time projects. With these cuts, actuals for FY 2019-20 (unaudited) show a year-end operating deficit of approximately $550,000, which was funded with financial reserves.
The General Fund revenues most impacted by the pandemic were hotel taxes (called Transient Occupancy Tax or TOT) and sales taxes. As of January 2020, annual TOT revenues were on track to reach $4.8 million. With the pandemic and related shutdown, the FY 2020-21 budget included projected TOT revenue of less than half this amount, down about $2.6 million. Sales taxes are also highly impacted by tourism, with restaurants comprising the largest single segment. Total sales taxes for FY 2020-21 were projected to be more than $1 million below pre-pandemic levels. (See Attachment A – General Fund Budget to Actuals FY 2020-21 and FY 2021-22.)
Projected declines in these and other revenues were forecasted to be partially offset by revenue sources with less short-term volatility, such as property taxes. But in total, the FY 2020-21 budget projected a $3.3 million decrease in total General Fund revenue (from $20.5 million in the FY 2019-20 adopted budget to $17.2M in FY 2020-21).
To meet the challenge of balancing the budget in this time of extreme economic uncertainty, the adopted budget for FY 2020-21 used a combination of spending reductions and a drawdown of reserves. Council and staff felt that the use of reserves was an appropriate and important part of the budget solution for the pandemic emergency affecting the City’s financial situation.
As a result of years of fiscal prudence, the City has developed healthy financial reserves, which function as savings accounts or rainy-day funds. The City’s Emergency Reserve helps fund the costs of responding to a major fire, earthquake, or pandemic. The Operating Reserve’s purpose is to help mitigate the effects of economic downturns on City services and Agenda Item #9.1:
allow time to adjust operations accordingly. Any remaining reserves are available for one-time projects and to restore the emergency and operating reserves to their target levels.
General Fund Reserves at the beginning of FY 2020-21 totaled $8.47 million after using $550,000 to mitigate the economic downturn in FY 2019-20. During FY2020-21 and FY 2021-22, TOT and sales tax actual revenues were stronger than projected and the City received $2.6 million from the American Rescue Plan Act (ARPA) that are currently held in the reserve account. The beginning General Fund Reserve balance for 2022-23 was $12.1 million, including the ARPA funding. There are restrictions on the use of ARPA funds including that the funds cannot be used to directly replenish reserves, but can be allocated to offset projects and expenses incurred by the General Fund budget due to the impacts of the COVID 19 health emergency.
The first half of FY 2022-23 General Fund revenues had modest increases in both sales tax and TOT. FY 2022-23 year-end projections indicate actual revenues may be slightly higher than forecasted levels, of $429,014 more than originally budgeted. Projected expenditures show an increase of $215,000. Projected actuals for FY 2022-23 indicate there will be a yearend operating excess of approximately $1.4 million including the $1.3 in ARPA funding. (Attachment B).
General Fund FY 2022-23 Operating Analysis
(See Attachment B – FY 2022-23 General Fund Budget to Actual Report through 03/31/23 with Fiscal Year-end Projected Actuals)
General Fund Revenue – FY 2022-23
The fiscal year 2022-23 adopted budget projected $25,514,945 in revenues for the General Fund.
• Property Tax - Property Tax payments are received from the County in December and April, with a clean-up payment in June. With payments received through December 2022, Property Taxes are expected to come in at forecasted levels. • Sales Tax - Sales tax (which is received two months in arrears) has been collected through January 2023 and is at 62% of $3,720,517 budgeted revenue. HdL, the City’s sales tax consultant, is estimating the City will receive $3,851,076 for the fiscal year, which is $130,559 more than budgeted revenue.
• Measure V ½ Cent Sales Tax – Measure V ½ Cent sales tax received through January 2023 is at 60% of $2,887,770 budgeted revenue. HdL, the City’s sales tax consultant, is estimating the City will receive $2,979,096 for the fiscal year, which is $91,326 more than budgeted revenue.
• Transient Occupancy Tax – For night stays through February 2023, (TOT Revenue for March 2023 is due by April 30, 2023), the City has received $4,252,878 or 67% of budgeted revenue. The City is estimating General Fund TOT revenues at fiscal yearend to be the forecasted amount of $6,359,254. • Fire Emergency Medical Bills (Ambulance) – EMS billing revenue budget was decreased in FY 2021-22 to $2,100,000 and the actual receipts were $2,255,728. The FY 2022-23 budget was set conservatively at $2,275,000. Ambulance billing is hard to forecast as revenue is not predictable or always based on history. These fees are paid by insurers, Medicare, Medical and some private parties. Although Ambulance calls for service have been slightly up, an increase in Medicare and Medical write-offs are impacting revenues. EMS billing revenue for FY 2022-23 is $1,594,583 or 70% of the budgeted amount and is expected to come in at forecasted levels.
Agenda Item #9.1:
• Business License Tax – On March 31, 2023, the City has received 118% of budgeted revenue. Finance staff have focused on contacting businesses without active businesses licenses and helping them reactivate delinquent licenses, so the business is in compliance.
General Fund Expenditures – FY 2022-23
The adopted General Fund operating budget projected $23,629,239 in expenditures for FY 2022-23. Staff is recommending several mid-year budget amendments based on additional expenditure requests since the budget was adopted in June 2022. These amendments total $405,849 and are detailed in Attachment C.
The total FY 2022-23 year-end salary and benefit projections are forecast at February 2023 to be at 100% of the total $4,634,618 budgeted expense. Although there have been several vacant staff positions throughout the year, higher than budgeted vacation and salary payouts have occurred. Salary and benefit projections will be updated and refined with subsequent monthly financial reports.
An expenditure increase of $135,330 due to the Fire District labor agreement for three SAFER Funded positions for March 11, 2023 – June 30, 2023 Additional expenditure detail analysis is contained in Attachment B - FY 2022-23 General Fund Budget to Actual Report through March 31, 2023 with Fiscal Year-end Projected Actuals.
General Fund Excess (Deficiency) of Revenue Over Expense Based on FY 2022-23 year-end projected revenues of $25,943,961, (2% more or $429,014) and projected expenditures of $24,500,490, (1% more or $215,000), than originally budgeted, it appears there will be an excess of revenue over expense of $1,443,471. Although this surplus is in part due to the Federal Stimulus ARPA funding, it certainly reflects the continued economic recovery from the COVID-19 pandemic and is in contrast to the original and conservative FY 2021-22 budget, which forecasted revenues of $24,102,246.
Other Fiscal Year 2022-23 Mid-Year Budget Amendments
As we do each year, staff looked at the mid-year financial report for all funds and determined that one budget amendment for funds other than the General Fund is needed at this time:
Sonoma Valley Fire District is requesting a mid-year budget amendment of $77,019 from the EMS Equipment Replacement Fund #512:
· Purchase of Stryker Powerload systems for ambulances $77,019 The attached Resolution approving mid-year budget amendments includes the item detailed above and in Attachment C.
Recommended Council Action
Agenda Item #9.1:
Discuss Update on Fiscal Year 2022-23 Budget and Adopt a Resolution to Amend Fiscal Year 2022-23 Budget Resolution #31-2022 To Accomplish Fiscal Year 2022-23 Mid-Year Budget Amendments.
Alternative Actions
Council discretion.
Financial Impact
The FY 2022-23 budget was prepared and adopted when much of the pandemic related economic impacts on the City’s tourism-based economy were still unknown. Therefore, the original FY 2022-23 budget, like the FY 2021-22 budget was forecasted very conservatively for tourism related revenues of both sales tax and transient occupancy tax, (TOT). In contrast to the conservative FY 2021-22 General Fund Operating Budget that was adopted in June 2020 that forecasted a use of $2,015,108 of reserves, the first half of FY 2022-23 has seen modest increase in both sales tax and TOT. It now appears there will be an excess of revenue over expense of $1,443,471. Although this surplus is in part due to the Federal Stimulus ARPA funding, it certainly reflects the continued and pronounced economic recovery from the COVID-19 pandemic.
Staff is reviewing and revising the City’s five-year long-range forecast with actuals and new information. We continue to closely monitor the City’s finances and will use all of these resources as we work on developing the FY 2023-24 budget.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - FY 22-23 Budget Amendments
Attachment A June 20-21 & 21-22 Budget to Actuals
Attachment B FY22-23 Financials through March 2023
Attachment C FY 22-23 Mid-Year Budget Amendments
Alignment with Council Goals:
Compliance with Climate Action 2020 Target Goals:
CC:
n/a
Agenda Item #9.1:
City of Sonoma
RESOLUTION # _____-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SONOMA TO AMEND FISCAL YEAR 2022-23
BUDGET RESOLUTION #31-2022 TO ACCOMPLISH
FISCAL YEAR 2022-23 MID-YEAR BUDGET
AMENDMENTS
WHEREAS, the City Council of the City of Sonoma adopted a final budget for Fiscal Year 2022-23 on June 1, 2022; and WHEREAS, to keep the budget current it becomes necessary to amend the budget on a periodic basis as events necessitate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the amendments to
Resolution #31-2022 as detailed in Attachment C, to the Resolution.
The foregoing Resolution was duly adopted this 19th day of April, 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________
__________________
__
Sandra Lowe,
Mayor
ATTEST:
____________
____________
________
Rebekah Barr,
MMC, City
Clerk
Agenda Item #9.1:
Attachment A
Budget Category FY 20-21
Amended Budget
FY 20-21 Actuals
(Unaudited)
FY 21-22
Amended Budget
FY 21-22 Actuals
(Unaudited)
Property Taxes $ 4,527,641 $ 4,502,127 $ 4,643,155 $ 4,778,548 Sales & Use Taxes $ 2,789,128 $ 3,173,819 $ 3,584,622 $ 3,703,291 Measure J/U Local Sales Tax $ 2,112,852 $ 2,546,124 $ 2,826,902 $ 2,946,629 Sales Tax - Public Safety $ 121,347 $ 146,214 $ 154,806 $ 176,407 Fees $ 589,478 $ 732,230 $ 586,159 $ 791,993
Transient Occupancy Tax (TOT) $ 2,211,406 $ 3,146,391 $ 6,190,899 $ 6,798,123 Franchise Tax $ 511,020 $ 528,164 $ 420,000 $ 609,901
Business License Tax $ 408,907 $ 397,129 $ 380,000 $ 428,249 Real Property Transfer Tax $ 157,080 $ 215,301 $ 150,000 $ 192,303 Licenses & Permits $ 46,000 $ 60,304 $ 51,400 $ 116,541 Fines & Forfeitures $ 76,875 $ 17,282 $ 66,812 $ 131,621 Interest & Rents $ 77,304 $ 84,413 $ 73,404 $ 140,116
Grants $ - $ - $ - $ 55,920
Federal Grants $ - $ - $ 1,318,588 $ 1,323,588
Charges For Services $ 111,768 $ 113,655 $ 121,676 $ 97,380 EMS $ 2,805,557 $ 2,199,856 $ 2,100,000 $ 2,255,728
Miscellaneous $ 5,000 $ 46,604 $ 197,754 $ 168,582
Transfers $ 1,372,941 $ 1,281,415 $ 1,079,369 $ -
Other Revenues $ 57,500 $ 87,804 $ 100,700 $ 53,839
Interest Revenue $ 56,000 $ 3,626 $ 56,000 $ 1,968
Revenue $ 18,037,804 $ 19,282,458 $ 24,102,246 $ 24,770,726 Salary & Wages $ 3,166,568 $ 3,157,296 $ 3,254,328 $ 3,048,585 Employee Benefits $ 997,709 $ 951,890 $ 1,069,812 $ 893,900 PERS UAL $ 1,070,111 $ 1,070,112 $ 1,181,491 $ 1,181,491 Professional Services $ 878,678 $ 627,289 $ 898,840 $ 800,306 Sheriff Contract $ 4,529,301 $ 4,272,585 $ 4,988,226 $ 4,805,037 SVFRA Contract $ 5,377,311 $ 5,377,311 $ 5,689,850 $ 5,647,346 Cost Recovery $ 88,016 $ 179,390 $ 85,000 $ 172,032
Property Services $ 1,323,982 $ 1,103,918 $ 1,318,531 $ 1,284,586 Operations $ 1,061,328 $ 1,127,274 $ 1,107,481 $ 1,014,663 Supplies $ 179,340 $ 202,294 $ 187,500 $ 275,843
Software & Equipment $ 5,200 $ 9,334 $ 342,160 $ 46,665 Internal Service & Capital Prj $ 473,221 $ 549,919 $ 961,946 $ 1,025,865 Transfers Out - CIP $ 5,000 $ 5,000 $ 478,400 $ -
Transfers $ 791,116 $ 679,297 $ 554,965 $ 522,816
Debt Service $ 106,031 $ 83,303 $ - $ -
Expense $ 20,052,912 $ 19,396,213 $ 22,118,528 $ 20,719,134 Excess (Deficiency) of
Revenue over Expense $ (2,015,108) $ (113,755) $ 1,983,717 $ 4,051,592 General Fund
FY 2020-21 to FY 2021-22 Budget to Actuals
Agenda Item #9.1:
Attachment B
General Fund
Budget Category
FY22-23 Adopted
Budget
FY22-23 Budget
Adjustments
(Passed and
Proposed)
FY22-23 Amended
Budget
FY22-23 Actuals
through March 2023
(75% of Fiscal Year)
FY22-23
% Expend/
Collected
FY22-23 Forecast
to Fiscal Year End
Property Taxes $ 4,951,750.18 $ - $ 4,951,750.18 $ 2,773,514.00 56.01% $ 4,951,750.18 Sales & Use Taxes $ 3,720,517.00 $ - $ 3,720,517.00 $ 2,301,911.00 61.87% $ 3,851,076.00 Measure J/U Local Sales Tax $ 2,887,770.00 $ - $ 2,887,770.00 $ 1,721,798.00 59.62% $ 2,979,096.00 Sales Tax - Public Safety $ 168,312.00 $ - $ 168,312.00 $ 116,808.00 69.40% $ 176,225.00 Fees $ 648,847.00 $ - $ 648,847.00 $ 489,028.00 75.37% $ 648,847.00 Transient Occupancy Tax (TOT) $ 6,359,254.13 $ - $ 6,359,254.13 $ 4,252,878.00 66.88% $ 6,359,254.13 Franchise Tax $ 533,159.44 $ - $ 533,159.44 $ 444,977.00 83.46% $ 533,159.44 Business License Tax $ 380,000.00 $ - $ 380,000.00 $ 446,872.00 117.60% $ 450,000.00 Real Property Transfer Tax $ 150,000.00 $ - $ 150,000.00 $ 150,507.00 100.34% $ 150,507.00 Licenses & Permits $ 198,000.00 $ - $ 198,000.00 $ 176,778.00 89.28% $ 198,000.00 Fines & Forfeitures $ 87,000.00 $ - $ 87,000.00 $ 30,659.00 35.24% $ 87,000.00 Interest & Rents $ 93,163.39 $ - $ 93,163.39 $ 109,026.00 117.03% $ 109,026.00 Grants $ - $ - $ - $ 323.00 0.00% $ 323.00
Federal Grants $ 1,318,588.00 $ - $ 1,318,588.00 $ 1,318,588.00 100.00% $ 1,318,588.00 Charges For Services $ 367,583.66 $ - $ 367,583.66 $ 70,673.00 19.23% $ 367,583.66 EMS $ 2,275,000.00 $ - $ 2,275,000.00 $ 1,594,583.00 70.09% $ 2,275,000.00 Miscellaneous $ - $ - $ - $ 45,600.00 0.00% $ 45,600.00 Transfers $ 1,211,902.97 $ - $ 1,211,902.97 $ 1,278,826.00 105.52% $ 1,278,826.00 Other Revenues $ 108,100.00 $ - $ 108,100.00 $ 3,845.00 3.56% $ 108,100.00 Interest Revenue $ 56,000.00 $ - $ 56,000.00 $ 494.00 0.88% $ 56,000.00 Revenue $ 25,514,947.77 $ - $ 25,514,947.77 $ 17,327,688.00 67.91% $ 25,943,961.41 Salary & Wages $ 3,543,744.20 $ 177,386.35 $ 3,721,130.55 $ 2,815,706.00 73.88% $ 3,721,130.55 Employee Benefits $ 1,090,874.17 $ 33,867.71 $ 1,124,741.88 $ 807,577.00 71.80% $ 1,124,741.88 PERS UAL $ 1,329,412.07 $ - $ 1,329,412.07 $ 1,329,412.00 100.00% $ 1,329,412.07 Professional Services $ 1,059,390.33 $ 253,500.00 $ 1,312,890.33 $ 519,234.00 49.01% $ 1,312,890.33 Sheriff Contract $ 5,089,745.00 $ - $ 5,089,745.00 $ 3,090,009.00 60.71% $ 5,089,745.00 SVFRA Contract $ 6,241,038.22 $ 135,330.00 $ 6,376,368.22 $ 5,185,892.00 83.09% $ 6,376,368.22 Cost Recovery $ 85,000.00 $ - $ 85,000.00 $ 262,257.00 308.54% $ 300,000.00 Property Services $ 1,787,253.09 $ - $ 1,787,253.09 $ 1,286,959.00 72.01% $ 1,787,253.09 Operations $ 1,127,250.80 $ 26,167.40 $ 1,153,418.20 $ 664,300.00 57.59% $ 1,153,418.20 Supplies $ 250,500.00 $ - $ 250,500.00 $ 201,417.00 80.41% $ 250,500.00 Software & Equipment $ 209,483.80 $ 30,000.00 $ 239,483.80 $ 22,774.00 10.87% $ 239,483.80 Internal Service & Capital Prj $ 1,026,526.00 $ - $ 1,026,526.00 $ 773,571.00 75.36% $ 1,026,526.00 Transfers Out - CIP $ 240,000.00 $ - $ 240,000.00 $ 171,749.00 71.56% $ 240,000.00 Transfers $ 549,021.00 $ - $ 549,021.00 $ 299,981.00 54.64% $ 549,021.00 Expense $ 23,629,238.68 $ 656,251.46 $ 24,285,490.14 $ 17,430,799.00 72.76% $ 24,500,490.14 Excess (Deficiency) of
Revenue over Expense $ 1,885,709.09 $ 1,229,457.63 $ (103,111.00) -6.62% $ 1,443,471.27 General Fund
FY 2022-23 Projected Budget to Projected Actuals
Agenda Item #9.1:
Attachment C
Account # Description Budget Increase Budget Decrease
100-42201-404-60404 Ladder Truck Repairs $ 30,000.00
100-43030-347-50347 Sign Ordinance Consultant $ 25,000.00 100-43030-347-50347 General Plan consulting contract $ 90,000.00 100-43030-347-50347 Downtown Parking Management Plan contract $ 50,000.00 100-42201-354-50354 3 SAFER Funded positions 3/11/23 to 6/30/23 $ 135,330.00 521-42201-710-70710 Stryker Powerload systems for ambulances $ 77,019.00 100-43040-350-50350 Contract Building Inspection Services $ 70,000.00 100-43040-110-40110 Reduction of Salaries & Benefits-Building Inspector $ 90,000.00 100-43040-350-50350 OpenGov Augmented Building Permit Development $ 18,500.00 $ 495,849.00 $ 90,000.00
FY 2022-23 Mid-Year Budget Amendments
Agenda Item #9.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Planning and Community Services
Staff Contact
Laura Simpson, Interim Planning & Community
Services Director, Mark Linder, Interim City
Manager
Agenda Item Title
Discussion, Consideration, and Possible Action Regarding: 1) Whether to Allow the Opportunity for a Second Retail Storefront Commercial Cannabis Dispensary to Operate Within the City; and, if so, 2) Direct Staff to issue a Request For Proposals (RFP) for a Second Retail Storefront Commercial Cannabis Business in the City Summary
In June 2019, the City Council adopted two ordinances, Ordinance # 3-2019 and # 4-2019, that permit and regulate future commercial cannabis businesses that wish to operate in the city. The Council authorized one retail business, one non-storefront retail business, one manufacturing business and one testing lab in the city.
On December 16, 2019, the City Council adopted resolutions approving “Administrative Regulations” and “Application Procedures and Guidelines,” “Commercial Cannabis Fees” and “Background Checks” to allow one retail commercial cannabis storefront business and one non-retail storefront commercial cannabis business.
The City issued a Request for Proposal (RFP) on January 3, 2020, and received ten proposals, from which SPARC was selected to move forward to open and operate a retail cannabis dispensary in Sonoma. SPARC received a Use Permit to operate a retail dispensary on October 5, 2020.
On April 19, 2021, the City Council adopted an ordinance to allow the possibility for a second retail storefront commercial cannabis business to operate in the city.
On November 17, 2021, the City Council reviewed and adopted two resolutions, one updating the RFP and Administrative Regulations and the Application Procedures and one updating fees for the RFP process. Attachment 1 is the revised RFP. Additionally, the Council requested that staff bring back a report to consider whether to issue a new RFP after SPARC had been in operation for at least six months in order to evaluate any potential impacts. At that meeting, the City Council directed staff to revise the Administrative Procedures and the RFP guidelines that were adopted that night, to reflect the removal of a requirement for site selection. In the event of a future RFP, the Council indicated that the selection of a second dispensary operator would be through an RFP process with the recommendations of the top candidates to City Council for final selection prior to a site being identified. After the approval, the selected applicant would then find a site and proceed through the normal planning Use Permit process for approvals through the Planning Commission. The attached document has been updated to reflect Council’s direction at the November 17, 2021 meeting. This was intended to shorten the selection process and timeframe.
Agenda Item #9.2:
Sonoma County has reached the cap on dispensaries it will approve. Neither of the two closest dispensaries to Sonoma have opened yet but have been approved. One is four miles to the north of SPARC dispensary at 15499 Arnold Drive (Loe Firehouse) and one is 4 miles to the south of SPARC at 15 Fremont Drive.
The following is an update on SPARC’s performance for the first 10 months of operation, through February 2023.
SPARC has been operating as a retail dispensary within the City of Sonoma since April 20, 2022. One requirement of the approved project was to provide an update to Council after six months of operation on the amount of tax the City received through its Cannabis Business Tax which is based upon gross receipts.
Since opening on April 20, 2022, the SPARC dispensary in the City of Sonoma has submitted monthly gross receipts statements to the city which indicate the Cannabis tax that the city received on a monthly basis. In the 10 months since opening, from April through February, 2023, the total gross receipts reported SPARC were $3,752,553.77, and total Cannabis Business Taxes to the City, at a rate of 4% were $150,102.15.
In their Conditions of Approval, it also indicates that SPARC would provide the following community benefits:
i.Annually, SPARC will provide 5% of profits, or a minimum of $20,000, whichever is greater, to provide assistance to the Sonoma Valley Educational Foundation (SVEF) in addressing mental health and trauma issues and La Luz Center, in amounts as determined by SPARC; and
ii.SPARC will add to its current “compassion program” giving up to $4,000 a month worth of free product to those most in need of cannabis and cannabis products for medicinal purposes to residents of the City of Sonoma and immediate surroundings; iii.SPARC will partner with the Sweetleaf Collective, a charity organization that has been providing free medical cannabis to HIV/AIDS and Cancer patients in the Bay Area since 1996 and will sell Sweetleaf Collective’s accessories in SPARC’s store in addition to identifying residents of Sonoma and the immediate surroundings who are eligible to participate in the program;
iv.SPARC will pay above the “living wage” as defined by the City; v.SPARC will achieve a minimum of 80% for the hiring of locals; vi.SPARC will provide a Labor Peace Agreement (LPA) that includes card check neutrality.
SPARC provides a quarterly report to the City Planning Department to record and ensure that they are following their conditions of approval. Based upon the confidential submittals, staff has determined that they are meeting all their conditions of approval.
Recommended Council Action
1)Direct staff as to whether or not a second dispensary will be allowed to operate in the city; and 2) if yes, direct staff to issue a Request for Proposals, as in Attachment 1, for a second retail storefront commercial cannabis dispensary in the city in conformance with adopted administrative regulations and application procedures, guidelines and fees.
Alternative Actions
Council discretion.
Agenda Item #9.2:
Financial Impact
None.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Attachment 1 - Application Guidelines & Procedures - Cannabis Business Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 1 City of Sonoma
Planning Department
No. 1 the Plaza
Sonoma, CA 95476
[email protected]
P: 707.938.3681
APPLICATION PROCEDURES & GUIDELINES FOR A 2ND
COMMERCIAL CANNABIS RETAIL STOREFRONT BUSINESS
Request for Proposals
OPENS – SPRING 2023
CLOSING DATE – SUMMER 2023
As adopted and approved by the City Council, the City of Sonoma is opening a Request for Proposal process for applications for one (1) retail-store front retail commercial cannabis business. This application process is adopted pursuant to the Sonoma Administrative Regulations (“Administrative Regulations”) implementing Chapter 5.36 of the Sonoma Municipal Code. Information regarding the Commercial Cannabis Retail Business application process can be found on the City’s website at www.sonomacity.org/cannabisretailRFP. Applications will be available from the Planning Department located in City Hall or on-line at the address above.
For questions regarding the application process, please review the information on the Sonoma webpage: www.sonomacity.org/cannabisretailRFP which outlines the application process, required materials, FAQ’s, and other information necessary to operate a Commercial Cannabis Business (CCB) in Sonoma. To be considered for issuance of a commercial cannabis business permit (CCBP)1 , final
applications must be submitted to the City Clerk located at No. 1 The Plaza, Sonoma, CA, 95476 by 3:00 P.M. on the closing date above.
Applicants should monitor the City’s web page for any additional information, FAQs or updates.
It is the responsibility of the Applicant to stay informed of this information.
AMENDMENTS TO THE APPLICATION
Applicants will not be allowed to make amendments to their application or to supplement their application, except as otherwise specifically permitted in these procedures or as authorized in writing by the City Manager or his/her designee. During Phase 1, Step 1 applicants will be notified if any of the owners are ineligible and/or if their application is incomplete which will not permit them to move forward in the application process. Since the City anticipates the Live Scan check will be delayed from being approved by the Department of Justice it will conduct a provisional background check to prevent undue delays for the applicant. Therefore, the applicants acknowledge, by signing the application and paying 1 Acronyms used herein shall have the same meaning as they have in Chapter 5.36, unless the context indicates otherwise.
Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 2 the application fee, should later results of the Live Scan identify an ineligible activity, the Applicant will be disqualified, and no refunds will be issued for any of the application process in which they participated up to that point.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all proposals, with or without any cause or reason. The City may modify, postpone, or cancel the request for a CCBP application without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any candidate submitting a proposal. Late proposals WILL BE REJECTED. Furthermore, a proposal RISKS BEING REJECTED for the following reasons:
1. It is not responsive to this request for a Commercial Cannabis Business Permit application.
2. The issuance of the CCBP for the proposed location is inconsistent with the State law, Chapter
5.36, or Title 19 and other applicable provisions of the City of Sonoma Municipal Code.
City Council also reserves the right to award a lesser number of Conditional Certificates, or to award no Certificates at all. Only those applicants on the final list will be eligible to be issued a Conditional Certificate from the initial permit process.
The City also reserves the right to include additional steps or criteria or to modify the process subject to City Council approval throughout this process.
Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 3
APPLICATION PROCESS
Review the information regarding the application process and which documents you will need. Review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the CCB Permit application on the City webpage below. www.sonomacity.org/cannabisretailRFP.
The following procedures outline the application evaluation and selection process, required materials, and other information necessary to apply for a permit to operate a CCB in Sonoma.
ADMINISTRATIVE REGULATIONS
The City Council has approved Administrative Regulations that implement Section 5.36 of the Sonoma Municipal Code. Please review these regulations to understand the requirements and process for applying for and operating a retail CCB in Sonoma.
APPPLICATION SUBMITTAL REQUIREMENTS
Applicants must hand deliver to the City a flash drive containing a complete, comprehensive application package digitally in a PDF format. However, the City of Sonoma Commercial Cannabis Business Application Form, Indemnification Form, and Background Check Form will also be required to be submitted in paper format with original signatures. The Application must respond to all requirements outlined in the “Administrative Regulations” and these “Application Procedures & Guidelines”. The flash drive,, the signed copy of the documents additionally required to be submitted in hard copy format and the deposit for the initial application fee must be received by the City no later than 3:00 PM. on the closing date.
A complete application will consist of the following information:
1. Application Package
• City of Sonoma Commercial Cannabis Business Application Form with signatures. • Indemnification Form with signatures - Applicant will execute an agreement indemnifying the City from liability.
• Background Check Form with signatures.
• Responses to the RFP shall not exceed 125 pages in total.
2. Background Check Authorization Form and/or Proof of Live Scan payment for each owner.
3. All information pertaining to the CCB required in Phase One which will be evaluated in Step 1 and Step 2 in the Application and Evaluation Process section below.
4. Administrative Review Fee.
BACKGROUND CHECK
As part of Phase 1 of the application process each owner must undergo a criminal background check demonstrating s/he does not provide “good cause” for denial per SMC Section 5.36.070 and 5.36.080.
The application for the Live Scan and background form will be available on the City website or in the Planning Department in City Hall. Please provide proof of a completed background form and/or Live Scan form along with proof of payment with your application on or before the closing date. This background process will be required to meet the minimum threshold qualifications pursuant to SMC Section 5.36.060 and 5.36.070. Owners who do not meet criminal history eligibility requirements will be disqualified.
Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 4 FEES
Applicants will be subject to the following fees.
a. Application Review Fee -- All applicants will be required to submit a non-refundable fee of $12,000, in which they will be charged for City staff, legal and the Consultant time for reviewing applications and administrating the application process. Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. The fees below are in addition to the Administrative Review Fee deposit.
i. Background Check Fee -- $400.00 per principal/owner
b. Appeal Fee -- $2,500 per application
Payment must be made by a certified check, cashier’s check or money order made payable to the City of Sonoma. Please note the City will not accept cash or credit cards and application fees are nonrefundable.
APPLICATION EVALUATION PROCESS
SELECTION PROCESS
PHASE 1 – RFP, Preliminary Qualifications and Selection of Finalists STEP 1: INITIAL RANKING (1,000 POINTS)
Submitted complete Applications will be evaluated based on the following criteria. See APPENDIX A for a description of the evaluation criteria.
A. Owner Qualifications and Experience (200 Points)
B. Business Plan (400 Points)
C. Safety Plan (150 Points)
D. Security Plan (150)
E. Labor and Employment Plan (100 Points)
STEP 2: INTERVIEW RANKING (Proposal Review Committee) (1,500 POINTS) The interview will be evaluated based on the following criteria. See APPENDIX A for a description of the evaluation criteria.
A. Owner Qualifications and Experience (400)
B. Business Plan (500)
C. Safety Plan (100)
D. Security Plan (200)
E. Labor & Employment Plan (200)
F. Community Benefits (100)
Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 5 STEP 3: QUALIFIED FINALIST PRESENTED TO CITY COUNCIL AND COUNCIL SELECTS
FINALIST
Upon the completion of Step 2, the Proposal Review Committee will tabulate final scores of all applicants from Step 1 and Step 2. The City Manager will review the Proposal Review Committee’s final evaluation and present the top five finalists to the City Council.
Prior to review by the City Council in Step 3, any Applicants who were not recommended to move forward as one of the five finalists in the process may appeal. Applicants that wish to appeal such a determination will be given ten days to appeal the decision in accordance SMC Sections 5.36.200 and 5.36.210 and pay the appeal fee. All appeals will be heard by the City Council during step 3 along with the top 5 finalists.
The final applicants will be asked to conduct a brief presentation to the City Council in which they will demonstrate that they are best suited for a retail storefront establishment in the community.
In the Council’s discretion it may continue the hearing for any purpose.
The City Council may select the most suitable Applicant to be awarded a Conditional Certificate for the one retail storefront location as allowed by SMC Section 5.36.090 (a)(1) and (a) (2). City Council also reserves the right to award a lesser number of Conditional Certificates, or to award no Certificates at all. Only those applicants on the final list will be eligible to be issued a Conditional Certificate from the initial permit process.
PHASE TWO: SITE SELECTION AND LAND USE & BUILDING PERMIT PROCESS The applicant who is awarded a Conditional Certificate is then required to secure a physical location on an appropriately zoned parcel and apply for the land use entitlements that are necessary to establish and operate the CCB for which s/he has been awarded the CC, typically a Use Permit. A Use Permit application is reviewed and acted upon by the Planning Commission and is likely to require CEQA review. After land use entitlements are obtained, the applicant may then submit for Building Permits for renovation or construction.
[Please note that being awarded a Conditional Certificate does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including: electrical, plumbing, fire, planning permits or reviews, and any other permits, licenses, or reviews as may be necessary by the relevant departments or governmental entities in charge of said permits. Nor does being awarded a CC guarantee that the plans submitted as part of the CCBP application process meet the standards or requirements in Chapter 5.36, Title 19 and/or any other permit requirements of other City departments or agencies.]
CONTACT INFORMATION
If you have any questions or would like an update on the status of your application, please call the Planning Department at 707.938.3681 or by email at [email protected].
Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 6 APPENDIX A: DESCRIPTION OF EVALUATION CRITERIA
SECTION A: QUALIFICATIONS OF OWNERS
The application should include information concerning any special business or professional qualifications or licenses of Owners that would add to the number or quality of services that the CCB would provide, especially in areas related to medicinal cannabis, such as scientific or health care fields. A description of any and all commercial cannabis activity engaged in as an owner, manager, lender, employee, volunteer, or agent by the Applicant and all owners of the commercial cannabis business, officers, and managers including, but not limited to, the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity.
SECTION B: BUSINESS PLAN
1. Finances – A budget for construction, operations, maintenance, compensation of employees, equipment, security equipment and staff, City fees, state fees, utility costs, product purchases and other anticipated contingency costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds.
Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets which can be verified by the City. A pro forma for at least three years of operations.
A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion.
2. Daily Operations – With as much detail as possible, the Business Plan should describe the dayto-day operations which meet industry best practices for a retail or non-storefront retail license.
3. How the Cannabis Business will conform to local and state laws. See Administrative Regulations Implementing Chapter 5.36 of the Sonoma Municipal Code as they pertain to retail storefront retail establishments in the City of Sonoma.
4. How cannabis and cannabis products will be tracked and monitored to prevent diversion.
Describe the Point of Sale system to be used and how it will interact with the state’s mandated track and trace system.
SECTION C: SAFETY PLAN
1. The detailed Safety Plan shall be prepared by a professional fire prevention and suppression consultant.
2. This plan will describe all fire prevention and suppression measures, fire extinguisher locations, evacuation routes and alarm systems the facility will have in place.
3. Accident and incident reporting procedures.
4. Waste management locations and procedures.
SECTION D: SECURITY PLAN
The security plan shall be prepared by a professional security consultant. (Security plans will not be made public.)
SECTION E: LABOR & EMPLOYMENT PLAN
1. The application should describe to what extent the Cannabis Business will adhere to heightened pay and benefits standards and practices but at a minimum adheres to the City of Sonoma’s Living Wage Ordinance (Chapter 2.70) and Minimum Wage Ordinance (Chapter 2.80).
2. The business shall describe how they will recognize the collective bargaining rights of employees which will include establishing a mandatory “card check” process as a method by which employees can state they wish to organize into a labor union.
Agenda Item #9.2:
DRAFT FOR APRIL 19, 2023
City of Sonoma - Application Procedures & Guidelines for the 2nd Commercial Cannabis Retail Storefront Business 7
3. Identify number of employees at initial opening and the maximum number of employees when the business is at full capacity.
4. Identify any social equity programs that will be developed as part of the business model to ensure employees are provided equal opportunities for development.
5. Identify all positions and their responsibilities.
6. Describe compensation to and opportunities for continuing education and training for employees
7. State the extent to which the Cannabis Business will be a locally managed enterprise whose owners and/or managers reside within the City of Sonoma and/or the County of Sonoma. In order to receive points for this category Applicant must show proof that the owners/managers have been residents for at least one year prior to submitting this application.
SECTION F: COMMUNITY BENEFITS
The application should describe benefits that the Cannabis Business would provide to the local community, such as employment for residents of the City, community contributions which can be substantiated, or economic incentives to the City.
Agenda Item #9.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Apr 2023
Department
Administration
Staff Contact
Mark Linder, Interim City Manager
Agenda Item Title
Discussion, Consideration, and Possible Action to Adopt a Resolution Authorizing the Mayor to Execute an Employment Agreement with the City Manager Summary
The Sonoma City Manager is directly appointed by the City Council and serves at the pleasure of the City Council. The terms and conditions of the Employment Agreement ("Agreement" - shown as Exhibit A to Attachment A) are subject to the City Council's approval.
The City Council met over a series of meetings in late 2022 and early 2023 to review the job description, discuss the recruitment and job flyer, conduct interviews of potential candidates, and finally to negotiate a draft contract with the selected candidate, Mr. David Guhin, P.E., MAOD.
Mr.Guhin was identified by the City Council as the top candidate in the recruitment that included candidates from across California. Following a review of applications and qualifications, screening and reference checks, on-line and in-person interviews by the City Council, Interim City Manager and Technical Committee,, the City Council selected Mr. Guhin based on his experience, qualifications and fit with the community of Sonoma.
Mr. Guhin brings nearly two decades of government leadership experience including 17+ years at the City of Santa Rosa where he was tapped to take on several leadership roles as Director of Santa Rosa Water, Director of Planning and Economic Development, Interim Director of Transportation and Public Works, and finally 4 years as Assistant City Manager.
Mr.Guhin, left the City of Santa Rosa to take his current position as the Executive Director of Government Operations for the Federated Indians of Graton Rancheria, where, since September 2020, he has led the oversight and management of the organizational growth including cultural, educational, environmental and social program development.
Mr. Guhin has a Bachelor of Science degree in Civil Engineering (Environmental) from South Dakota School of Mines and Technology and a Master of Arts degree in Organizational Development from Sonoma State University. Mr. Guhin has particular expertise in hands-on project management, community engagement, cross-departmental improvements/process streamlining and implementing efficiencies to increase productivity and support Council Goals. Mr. Guhin led the development of the City of Santa Rosa's Housing Action Plan, medical cannabis policies, and led the Emergency Operations Center Planning and Intelligence Section during the 2017 wildfires and conceived of and implemented the expedited rebuilding effort, including the web-based permit and parcel components that became a national model.
The proposed Agreement with Mr. Guhin includes the following provisions:
• Effective date and work start date of May 8, 2023
Agenda Item #9.3:
• 5-year agreement at the pleasure of the City Council pursuant to the Sonoma Municipal Code and the Agreement.
• Receive an annual base salary of $236,000, and an annual contribution of Five Thousand Dollars ($5,000) to a deferred compensation plan with annual negotiated salary increases between 2%-5% after one year of employment, based on performance and budget.
• Be enrolled in the 2% at 62 Cal-PERS formula with Mr. Guhin paying 1.5% of the employer contribution
• Receive a family health care benefit (medical, dental, vision) at no cost to Mr. Guhin. • Severance: if Mr. Guhin is released without cause, he is entitled to 6-months of base wages as severance.
• Leaves include: Vacation - 80 hours credited as incentive to agreeing to serve as City Manager, and accrual of 80 hours/year, or 6.67 hours per month (40 hours may be cashed out) for the first 3 years of employment with increases after 3 years based on years of service. Sick - 12 days credited (cannot be cashed out) as incentive to serve as City Manager, and accrual of 8 hours/month (cannot be cashed out).
Administrative - 160 hours credited as incentive to agreeing to serve as City Manager and 160 hours credited on July 1 of each year (cannot accrue or be cashed out).
Bereavement - 5 days, 3 of which are paid.
• Be subject to other certain terms and conditions necessary and proper when employed as a City Manager for City of Sonoma
• Waiver of the requirement that the City Manager live within 10 road miles of City Hall under SMC2.08.020 in light of Mr. Guhin's long residency in Sonoma County.
The City Council is required to adopt the resolution (Attachment A) at a regular Council meeting as a non-consent discussion item. The terms and conditions of the Employment Agreement ("Agreement" - shown as Exhibit A to Attachment A) are subject to the City Council's approval.
Recommended Council Action
Adopt the Resolution appointing Mr. David Guhin as City Manager of the City of Sonoma and authorizing the Mayor to execute the Employment Agreement, effective May 8, 2023, at an annual base salary of $236,000 and an annual City contribution of $5,000 to a deferred compensation plan.
Alternative Actions
Council Discretion
Financial Impact
The FY 2022-23 budget will be adjusted to accommodate the pro-rated salary and benefit costs of the Employment Agreement from May 8, 2023 -June 30, 2023. Preparation of the FY2023-24 budget will commence in May and will reflect the salary and benefit costs of this Employment Agreement.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #9.3:
Attachments
Resolution-City Manager Agreement
Agenda Item #9.3:
City of Sonoma
RESOLUTION # ___ - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPOINTING
AND AUTHORIZING THE EXECUTION OF THE EMPLOYMENT AGREEMENT FOR THE
CITY MANAGER
WHEREAS, the City Council desires to appoint and execute an Employment Agreement effective May 8, 2023, for the services of David Guhin as City Manager of the City of Sonoma pursuant to Chapter 2.08 of the Sonoma Municipal Code (“Municipal Code”); and WHEREAS, David Guhin desires to serve the City Council and the City of Sonoma as City Manager of the City of Sonoma commencing May 8, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby resolves to approve the appointment of David Guhin as City Manager and direct the Mayor to execute the City Manager Employment Agreement as provided in Exhibit A to this Resolution.
PASSED AND ADOPTED by the City Council of the City of Sonoma on the 19th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Sandra Lowe, Mayor
________________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.3: