Sonoma City Council
June 7, 2023

City Council:

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

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, June 7, 2023
https://us06web.zoom.us/j/84876986131
6:00PM Regular Meeting
Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.

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

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Wellander, Farrar-Rivas, Gurney, Ding, 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. COUNCILMEMBERS’ REPORTS AND COMMENTS

3.1: Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will be shared at this time. A list of all appointments is available on our City Website for easy reference.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

5. CITY ATTORNEY COMMENTS

6. PRESENTATIONS

6.1: Introduction and Recognition of 2023 Creative Student Artist Grace Atkinson (Rebekah Barr, MMC, City Clerk)

6.2: Proclamation Proclaiming June 12, 2023, as Women Veterans Day in the City of Sonoma (Rebekah Barr, MMC, City Clerk)
Women Veterans Day Proclamation
4 6.3: Presentation on FLOCK Automated License Plate Reader Technology by Chief of Police Brandon Cutting
Sonoma City Council Agenda Letter
Sonoma County Sheriff's Office Policy 430 - ALPRs
5 - 18

6.4: Part Six of Six Reports: Receive and Discuss Annual Report from City of Sonoma Community Services Provider: Sonoma Home Winemakers, Field of Dreams, Sonoma Overnight Support and the Sonoma Valley Chamber of Commerce (Lisa Janson, Senior Management Analyst)
Agenda Report - Community Services Annual Reports Part Six - Pdf 19 - 148

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 Regular Meeting of May 17, 2023 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive Minutes.

05.17.2023 Regular Meeting Minutes
149 - 151

7.3: Adopt a Resolution Authorizing the City Manager to Execute an Agreement Certifying the City's Continued Participation and Involvement in the Urban County Joint Powers Agreement (JPA) for Housing and Community Development Especially as it Relates to the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Entitlement Programs for 2024-2026 (David Guhin, City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Resolution - JPA for Housing & Community Development - Pdf
152 - 182

7.4: Adopt a Resolution that 1) Rescinds Resolution #36-2021 Declaring a Water Shortage Emergency and a Stage 1 Voluntary Conservation Water Shortage Alert 2) Rescinds Resolution #39-2021 Declaring a Stage 2 Mandatory Conservation Water Shortage in the City of Sonoma Water Service Area, and 3) Continues to Recommend Best Practices by all Water Users of the City of Sonoma (Mike Berger, Public Works Director/City Engineer) RECOMMENDATION: Adopt the resolution.

Agenda Report - Resolution - Rescinding Water Emergency - Pdf 183 - 189

7.5: Receive Council Member Ding's Appointment of Patricia Cullinan to the Parks, Recreation, & Open Space Commission to fill the Vacancy Left by Sinjin Bain's Resignation (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive appointment.
190 - 193

Agenda Report - PROS Appointment - Pdf

7.6: Adopt a Resolution Authorizing the Public Works Director to Apply for the California State Parks Recreational Trails Grant to Fund Major Rehabilitation of Portions of the Sonoma Overlook Trail (Oriana Hart, PW Admin & Project Manager)
RECOMMENDATION: Adopt a resolution.

Agenda Report - Resolution - Recreational Trail Grant - Pdf 194 - 196

8. PUBLIC HEARING

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

9.1: Discussion, Consideration, and Possible Action to Adopt a Resolution Approving the Sonoma Garbage Collectors’ 2023-24 Refuse Rates (David Guhin, City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - 2023-2024 Refuse Rates - Pdf
197 - 205

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.

PROCLAIMING IUNE12, 2023, AS

WOMEN VETERANS DAY IN THE CITY OF SONOMA
WHEREAS, June12, 1948, marked the date that women were officially allowed to serve as regular and permanent members of the armed forces in the Army, Navy, Marine Corps, Coast Guard and the Air Force; and
WHEREAS, women have always played a unique role in United States military history, overcoming obstacles to find ways to serve; and
WHEREAS, despite history’s sparse documentation, women have always answered the call to protect and defend our freedoms from as far back as the Civil War; and WHEREAS, it took decades for the restrictions placed on their service capacity to change, but eventually women were able to participate in the armed forces during peacetime; and WHEREAS, by 1970, women’s role in the military expanded, finally allowing them to command roles in non-combat units; and
WHEREAS, it was not until 2013 that women achieved full status in the military when they were granted the right to serve in direct ground combat roles; and WHEREAS, currently, there are approximately 145,000 women in the State of California who have served or are serving in the armed forces; and WHEREAS, we owe an inexpressible debt to our current and past service women who have sel?essly served so that we may live free. Their unquestioned loyalty and value will undoubtedly inspire future generations.

NOW, THEREFORE, I, SANDRA LOWE, MAYOR, do hereby proclaim June 12, 2023, as Women Veterans Day in the City of Sonoma.

IN WITNESS, WHEREOF, I have hereunto set my hand and caused the seal of the City of Sonoma to be affixed this 7thday ofJune2023.

Agenda Item #6.2:

City of Sonoma Police Department
175 First Street West
Sonoma, California 95476-6690
Phone (707) 996-3602
Fax (707) 996-3695
City of Sonoma
City Council Agenda Item
June 7, 2023
Automate License Plate Reader (ALPR)
FLOCK Safety
Purpose:

The Sonoma Police Department is recommending that the City of Sonoma contract with FLOCK Safety to install and maintain 19 fixed position automated license plate readers. Flock Safety is the sole provider of the comprehensive monitoring, processing, and machine vision services that integrate with the Flock Safety Camera.

Flock Safety provides crime-fighting technology (cameras and software) under a service subscription model. Flock Safety’s service is a flat annual fee that include: ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days unlimited data storage, LTE connectivity, solar panels, poles, mounting equipment, and monitoring. Flock Safety provides all supplies and equipment under standard operating procedures and complies with all government regulations and workplace safety guidelines. If the Department chooses not to renew the agreement, Flock Safety will remove the cameras.

Summary of ALPR/FLOCK technology:

Flock Safety is the only fully integrated ALPR one-stop solution from the production of the camera to delivery and installation. The camera utilizes motion capture to start and stop recording with machine learning and artificial intelligence, which allows Flock Safety to capture vehicle characteristics without the need for a reflective license plate. The cameras can capture and process 30,000 vehicles per day and capture two (2) lanes of traffic simultaneously with a single camera from a vertical mass powered by solar power. Flock Safety analyzes vehicle license plate, vehicle color, and vehicle make objects (roof rack, unique hub cap, etc.) based on image analytics (not car registration data), which also protects against stolen/removed license plates.

The software transmits alerts for hot plates with the capability of the plate state match, and can set up alerts based on vehicle description without the need for a license plate. The software makes actionable evidence available when needed that is easily searchable by vehicle type, make, model, color, timeframe, partial/full license plate, and object detection. This technology will allow the Sheriff’s Department to more accurately detect and stop the actual vehicle used in a crime, instead of similar looking vehicles. This not only will save law enforcement time in the investigation of criminal activity, but also prevent the unnecessary stops and detentions of motorists who are driving vehicles which may look similar to wanted vehicles, but are truly uninvolved in criminal activity associated with the vehicle.

Agenda Item #6.3:

Flock Safety focuses on objective evidence (vehicles and license plates) by capturing car features (make, model, color, license plate, state of the plate, timestamp). People’s privacy is protected by not using facial recognition technology and not recording any personally identifiable information such as names, addresses, or phone numbers. The Department will own their data and Flock Safety does not sell the data to third parties. The camera footage is stored, secured, and encrypted in AWS Government Cloud and automatically deleted every thirty (30) days on a rolling basis. The camera only takes photos, and there is no live feed. No one monitors the system and it is not used for surveillance purposes.

Impact on Residents and Businesses:

The use of ALPR cameras helps community residents, businesses, and law enforcement work together to eliminate crime, protect privacy, and mitigate bias.

Several of the cameras would be installed within the state highway right-of-way’s within the city.

The California Department of Transportation, commonly known as Caltrans, updated their protocols to allow for the installation of law enforcement ALPR cameras either as an independent or standalone structure; or affixed to their poles, structures or other Caltrans owned facilities adjacent to state highways.

Legal Considerations:

Data collected from the Flock Safety system will not be used for immigration or traffic enforcement. The Flock Safety system is not a facial recognition system, nor does it contain any Personally Identifiable Information (PII). All footage is owned by the City/Police Department, is encrypted and securely stored, and data is only retained by Flock for only 30 days.

The Sonoma Police Department operating under contract with the Sonoma County Sheriff’s Office must comply with all policies of the Sonoma County Sheriff’s Office and ordinances of the City of Sonoma. Attached to this information document is “Policy 430- Automated License Plate Readers (ALPR)”. This policy addresses the administration of data, data collection and retention, operations, accountability, release of ALPR data, and training.

Community Considerations:

The Sonoma Police Department held a community forum for members to email, call, or be present in person to voice any concerns, comments or ask questions about the system and governing laws for the ALPR data. This forum was publicized through normal channels for the Police Department and the City of Sonoma through social media posting (both the police department’s Facebook page, as well as the City of Sonoma Facebook page), it was included in the city’s newsletter, and was posted to the city’s event calendar. The meeting was held on April 19th, 2023 from 5-6 PM at the City of Sonoma’s Emergency Operations Center. Prior to the meeting no emails or phone calls were received from any members of the community related to ALPR technology and the City of Sonoma. Through the Police Department Facebook page, there were no questions or comments made regarding the use or application of ALPR’s. There were no community members that were present at the public forum on April 19th, with the exception of Vice Mayor Gurney and Interim City Manager Linder.

It is the intention of the Police Department to be very transparent with any questions or concerns Agenda Item #6.3:

of the ALPR system from the community and relate those learned to the City Council in consideration of this technology. The Police Department will present this at the May 3rd, City Council meeting and if requested by the City Council will provide responses to any questions posed by the council or public.

Fiscal Considerations:

It is the belief that the types of crimes that the technology will be an effective tool to solve are predominantly property and violent crimes which have historically resulted in the suspects coming from outside the city limits of Sonoma. It is for that reason that the Police Department is looking at 19 cameras at a cost of $3,000 per camera/year. Flock Safety contracts are for periods of 2, 3, or 5 years. A two-year contract appears to be very appropriate to determine the effectiveness and applicability to the City of Sonoma in the detection, investigation, and prevention of crime.

What other Communities in our area have the FLOCK Safety ALPR’s:

City of Healdsburg, Town of Windsor, Napa County, City of Napa, City of Calistoga, City of St.

Helena, areas of Marin County, Solano County, and the City of Vallejo.

There are other cities in Sonoma County that have had and continue to add ALPR technology to their cities, however, they are utilizing another vendor called Vigilant Solutions which was developed for installation in moving vehicles with Infrared camera technology. The alternative systems require the purchase of the cameras and subscription pricing for the retention of the data captured.

Attachments:

Sonoma County Sheriff’s Office Policy 430
Agenda Item #6.3:

Policy
430
Sonoma County Sheriff's Office
Policies
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Sonoma County Sheriff's Office Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
430.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 430.2 POLICY
The policy of the Sonoma County Sheriff's Office is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review.

See attachment: NCRIC_ALPR_PrivacyPolicy.pdf
430.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Sonoma County Sheriff's Office to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administrative Services Division Captain. The Administrative Services Division Captain will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.
430.3.1 ALPR ADMINISTRATOR
The Administrative Services Division Captain shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53) (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation.

Agenda Item #6.3:

Sonoma County Sheriff's Office
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Sonoma County Sheriff's Office Automated License Plate Readers (ALPRs) - 2
(f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website.
430.4 DATA COLLECTION AND RETENTION
The Administrative Services Captain responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.
430.5 OPERATIONS
The LPR cameras will be mounted on a marked cruiser, unmarked vehicle, and/or mounted in a stationary location. The LPR equipment will passively read the license plates of moving or parked motor vehicles using LPR optical character recognition technology and compare them against various hot lists uploaded or created by the Department. Scanned data files collected by the system will, on an ongoing basis, be automatically uploaded from the LPR camera to the LPR database.

Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the LPR system, all users will be required to have individual credentials for access and use of the systems and/ or data.

Auditing and Oversight. To ensure proper oversight into the use of the system and adherence to this policy, all activities (plate detections, queries, reports, etc) are automatically recorded by the system for auditing purposes.

The following uses of the LPR system are specifically prohibited:
(a) Invasion of Privacy. Except when done pursuant to a court order, it is a violation of this Policy to utilize the LPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a Agenda Item #6.3:

Sonoma County Sheriff's Office
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Sonoma County Sheriff's Office Automated License Plate Readers (ALPRs) - 3
place to which members of the public have access, such as the parking lot of a shop or other business establishment).
(b) Harassment or Intimidation. It is a violation of this Policy to use the LPR system to harass and/or intimidate any individual or group.
(c) Personal Use. It is a violation of this Policy to use the LPR system or associated scan files or hot lists for any personal purpose.
430.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Sonoma County Sheriff's Office will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis.For security or data breaches, see the Records Release and Maintenance Policy. 430.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:1. The name of the agency.2. The name of the person requesting.3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Administrative Services Division Captain or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file.Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

Agenda Item #6.3:

Sonoma County Sheriff's Office
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Sonoma County Sheriff's Office Automated License Plate Readers (ALPRs) - 4
430.8 TRAINING
The Investigations Lieutenant should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code §1798.90.53).

Agenda Item #6.3:

Policies
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Sonoma County Sheriff's Office Attachments - 5
Attachments
Agenda Item #6.3:

Attachment
Policies
Copyright Lexipol, LLC 2023/04/25, All Rights Reserved.

Published with permission by Sonoma County Sheriff's Office NCRIC_ALPR_PrivacyPolicy.pdf - 6
NCRIC_ALPR_PrivacyPolicy.pdf
NCRIC_ALPR_PrivacyPolicy.pdf
Agenda Item #6.3:

NCRIC MISSION
The Northern California Regional Intelligence Center (NCRIC) is a multi-jurisdiction public safety program created to assist local, state, federal, and tribal public safety agencies and critical infrastructure locations with the collection, analysis, and dissemination of criminal threat information. It is the mission of the NCRIC to protect the citizens of the fifteen Bay Area counties within its area of responsibility from the threat of narcotics trafficking, organized crime, as well as international, domestic, and street terrorismrelated activities through information sharing and technical operations support to public safety personnel.

AUTOMATED LICENSE PLATE READER (ALPR) TECHNOLOGIES
To support authorized law enforcement and public safety purposes of local, state, federal, and tribal public safety agencies, the NCRIC utilizes Automated License Plate Reader (ALPR) technology, and supporting software, to gather and analyze ALPR data to enable the rapid identification and location of vehicles of legitimate interest to law enforcement. ALPR units are attached to law enforcement vehicles or deployed at fixed locations, where they collect license plate information from vehicles on public roadways and public property. In one common use of ALPR technology, license plate encounters are compared against law enforcement ”hotlists“, lists of vehicles associated with active investigations, for example, related to Amber Alerts or other missing children, stolen vehicles, or stolen license plates. The information is also retained for a fixed retention period, though it is only re-accessible by law enforcement given a legitimate law enforcement purpose as listed below.

PURPOSE
This NCRIC Automated License Plate Reader Policy (ALPR Policy) defines a minimum set of binding guidelines to govern the use of Automated License Plate Reader Data (ALPR Data), in order to enable the collection and use of such data in a manner consistent with respect for individuals' privacy and civil liberties.

The NCRIC also completed a NCRIC ALPR Privacy Impact Assessment (PIA) to address in further detail common privacy and civil liberties concerns regarding Automated License Plate Reader technology. The current version of this document is available on the NCRIC web site at www.ncric.org.

AUTHORIZED PURPOSES, COLLECTION, AND USE OF ALPR DATA
To support the mission of the NCRIC, Law enforcement personnel with a need and right to know will utilize ALPR technology to: •Locate stolen, wanted, and subject of investigation vehicles; •Locate and apprehend individuals subject to arrest warrants or otherwise lawfully sought by law enforcement;
•Locate witnesses and victims of violent crime;
•Locate missing children and elderly individuals, including responding to Amber and Silver Alerts; •Support local, state, federal, and tribal public safety departments in the identification of vehicles associated with targets of criminal investigations, including investigations of serial crimes; Agenda Item #6.3:

•Protect participants at special events; and
•Protect critical infrastructure sites.

RESTRICTIONS ON COLLECTION OF ALPR DATA AND USE OF ALPR SYSTEMS NCRIC ALPR units may be used to collect data that is within public view, but may not be used for the sole purpose of monitoring individual activities protected by the First Amendment to the United States Constitution.

ALPR operators must recognize that the data collected from the ALPR device, and the content of referenced hotlists, consists of data that may or may not be accurate, despite ongoing efforts to maximize the currency and accuracy of such data. To the greatest extent possible, vehicle and subject information will be verified from separate Law enforcement information sources to confirm the vehicle or subject's identity and justification for contact. Users of ALPR Data must, to the fullest extent possible, visually confirm the plate characters generated by the ALPR readers correspond with the digital image of the license plate in question.

All users of NCRIC ALPR equipment or accessing NCRIC ALPR Data are required to acknowledge that they have read and understood the NCRIC ALPR Policy prior to use of the ALPR System.

In no case shall the NCRIC ALPR system be used for any purpose other than a legitimate law enforcement or public safety purpose.

TRAINING
Only persons trained in the use of the NCRIC ALPR system, including its privacy and civil liberties protections, shall be allowed access to NCRIC ALPR Data. Training shall consist of: •Legal authorities, developments, and issues involving the use of ALPR Data and technology •Current NCRIC Policy regarding appropriate use of NCRIC ALPR systems; •Evolution of ALPR and related technologies, including new capabilities and associated risks; •Technical, physical, administrative, and procedural measures to protect the security of ALPR Data against unauthorized access or use; and
•Practical exercises in the use of the NCRIC ALPR system Training shall be updated as technological, legal, and other changes that affect the use of the NCRIC ALPR system occur. In no case shall a person utilize the NCRIC ALPR system if he/she has not completed training in more than a year.

AUDIT
Agenda Item #6.3:

Access to, and use of, ALPR Data is logged for audit purposes. Audit reports will be structured in a format that is understandable and useful and will contain, at a minimum: •The name of the law enforcement user;
•The name of the agency employing the user;
•The date and time of access;
•The specific data accessed;
•The supplied authorized law enforcement or public safety justification for access; and •A case number associated with the investigative effort generating the ALPR data query.

Audit reports will be provided periodically and on request to supervisory personnel at the NCRIC and partner agencies.

In addition, no less frequently than every 12 months, the NCRIC will audit a sampling of ALPR system utilization from the prior 12 month period to verify proper use in accordance with the above authorized uses. Any discovered intentional misconduct will lead to further investigation, termination of system access, and notification of the user's parent agency for appropriate recourse. In addition, the auditing data will be used to identify systemic issues, inadvertent misuse, and requirements for policy changes, training enhancements, or additional oversight mechanisms.

These ALPR audits shall be conducted by a senior NCRIC official other than the person assigned to manage the NCRIC ALPR function. Audit results shall then be reported to the Director of the NCRIC.

DATA QUALITY AND ACCURACY
The NCRIC will take reasonable measures to ensure the accuracy of ALPR Data collected by NCRIC ALPR units and partner agency ALPR systems. Errors discovered in ALPR Data collected by NCRIC ALPR units are marked, corrected, or deleted in accordance with the type and severity of the error in question.

Errors discovered in ALPR Data collected from partner agencies' ALPR systems are communicated back to the controlling agency to be addressed as deemed appropriate by that agency or in accordance with the agency's own ALPR data policies.

As the downstream custodian of ”hotlists“, the NCRIC will provide the most recent versions of these lists available and ensure the lists are refreshed from state or federal sources on a daily basis.

The NCRIC acknowledges that, in rare instances ALPR units may inadvertently capture information contrary to the collection guidelines set forth in this policy. Such records will be purged upon identification. Any discovered notable increase in frequency of these incidents from specific ALPR units or agencies will be followed up with for equipment repairs, camera realignment, or personnel training as necessary.

PHYSICAL AND ELECTRONIC SECURITY OF ALPR DATA:

Data collected by ALPR systems is stored in a secured law enforcement facility with multiple layers of physical security and 24/7 security protections. Physical access is limited to law enforcement staff in good standing who have completed background investigations and possess an active security clearance at the ”SECRET“ or higher level.

Agenda Item #6.3:

NCRIC will utilize strong multi-factor authentication, encrypted communications, firewalls, and other reasonable physical, technological, administrative, procedural, and personnel security measures to mitigate the risks of unauthorized access to the system.

RETENTION OF ALPR DATA:

ALPR records matching an entry in a current law enforcement hotlist will trigger an immediate notification to the officer operating the ALPR unit, the active dispatch officer at the agency owning the ALPR unit, the NCRIC, and the custodial agency of the hotlist. Such notifications are also subject to a maximum retention of 12 months.

ALPR Data obtained with license plate information not appearing on hotlists, and with no immediate reasonable connection to criminal activity, will be retained in secure systems so as to only be made accessible to authorized personnel for a maximum period of twelve months, then purged entirely from all systems. If during the specified retention period there is information which supports a legitimate law enforcement purpose (see above section enumerating AUTHORIZED PURPOSES, COLLECTION, AND USE OF ALPR DATA) as to a license plate or partial license plate which was recorded and is retained in these systems, then limited access will be permitted for predicate-based querying for potential matches against the parameters specific to the legitimate law enforcement purpose. Such events shall be recorded in an access log showing date, time, name of person seeking access, agency of employment, reason for access, and tracking identifiers such as an agency case number.

ALPR records of vehicles having been identified and linked to criminal investigation will be entered into the relevant NCRIC database(s) and retained for a period of no more than five years. If during the fiveyear period NCRIC personnel become aware that the vehicle license plate information is no longer associated with a criminal investigation, it will be purged from the NCRIC's databases.

CUSTODIAN OF RECORDS AND RECORDS REQUESTS
Each agency sharing data retains control and ownership as the official custodian of its records, and must independently verify all external information obtained via NCRIC Information Systems. To the extent permitted by law, requests for information under the California Public Records Act or Freedom of Information Act or similar applicable laws will be directed back to the owner of the requested data.

SYSTEM MANAGEMENT AND ACCOUNTABILITY
The NCRIC shall assign a senior officer who will have responsibility, and be accountable, for managing the ALPR Data collected and ensuring that the privacy and civil liberties protection and other provisions of this ALPR Policy are carried out. This individual shall also be responsible for managing a process for maintaining the most current and accurate hotlists available from NCRIC law enforcement sources. This individual shall also have the responsibility for the security of the hotlist information and any ALPR Data which is maintained by the NCRIC. It remains, however, the personal responsibility of all officers with access to ALPR Data to take reasonable measures to protect the privacy and civil liberties of individuals, as well as the security and confidentiality of ALPR Data.

COMMERCIALLY CREATED ALPR DATA
Agenda Item #6.3:

Except as explicitly authorized below with regard to critical infrastructure, the NCRIC will not share NCRIC or partner agency ALPR Data with commercial or other private entities or individuals.

DISSEMINATION
The NCRIC may disseminate ALPR data to any governmental entity with an authorized law enforcement or public safety purpose for access to such data. The NCRIC assumes no responsibility or liability for the acts or omissions of other agencies in making use of the ALPR data properly disseminated. Though the NCRIC will make every reasonable effort to ensure the quality of shared ALPR Data and hotlists, it cannot make absolute guarantees of the accuracy of information provided.

ALPR Information may be disseminated to owners and operators of critical infrastructure in circumstances where such infrastructure is reasonably believed to be the target of surveillance for the purpose of a terrorist attack or other criminal activity. In these situations, the NCRIC also will make notification to appropriate local, state, and federal law enforcement agencies.

Information collected by the ALPR system shall not be disseminated to private parties, other than critical infrastructure owners or operators, as limited above, unless authorized, in writing, by the Director of the NCRIC or his designee. ALPR information shall not be disseminated for personal gain or for any other non-law enforcement purposes.

POLICY REVISIONS
NCRIC ALPR Policies will be reviewed, and updated as necessary, no less frequently than every 12 months, or more frequently based on changes in data sources, technology, data use and/or sharing agreements, and other relevant considerations.

Agenda Item #6.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Jun 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Part Six of Six Reports: Receive and Discuss Annual Report from City of Sonoma Community Services Provider: Sonoma Home Winemakers, Field of Dreams, Sonoma Overnight Support and the Sonoma Valley Chamber of Commerce
Summary
This is a continuation of the annual reports provided by the City of Sonoma's recreation and community services partners. On March 1, 2023, we started hearing from our partners, due to the amount of time it took to get through the presentations and questions, City staff has expanded the presentations across six meetings with the reports wrapping up on June 7, 2023.

Sonoma Home Winemakers, Field of Dreams, Sonoma Overnight Support, and the Sonoma Valley Chamber of Commerce will be presenting their annual reports during the meeting. They have been asked to prepare a 5–7-minute report to be followed by questions and answer period.

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

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

On March 15, 2018, this new program "Recreation and Community Services Program and Funding and Policy Guidelines" centralized these partnerships in a manner to allow them to be visible to the community especially since many of these investments have occurred through the years.

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

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

2. Fee waivers and financial support for events that celebrate our community’s heritage and history;
Agenda Item #6.4:

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

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

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

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

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

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

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

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

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

Financial Information
• High level overview of revenue/grants and expenses
• How the City’s contribution supports your organization and mission • Any significant expenditures or upgrades to facilities/property planned Agenda Item #6.4:

Community Partnerships
• Highlight any partnerships within the community.

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

Attached to the staff report is a copy of each of the presenting community partners' current agreements. The current contracts with Sonoma Home Winemakers include a land lease agreement and a first amendment to the lease which provided the organization with access to City water, to help irrigate the replacement vines. The Field of Dreams also has a restated land lease agreement, a first amendment to the restated lease and their maintenance and operations agreement which expires end of June 2023. Sonoma Overnight Support includes the original service agreement for the management of the emergency shelter program, and the first amendment to that agreement which increased the annual fees from $15,000 annually to $30,000 annually. Also included is the MOU for the Safe Parking Program, which is scheduled to end on June 2, 2023, per an email received by the City from Kathy King, Executive Director on May 19, 2023. In addition to the agreements, Mrs. King included the annual end of year power point presentation for 2022 and a separate document outlining the current active programs. The last presentation will be provided by Mark Bodenhamer from the Sonoma Valley Chamber of Commerce. The city has a three-year professional services agreement with the Chamber of Commerce which expires the end of FY23/24. After each presentation City Council will have an opportunity to ask questions of the organizations. Additional action can occur during the annual budget discussions.

Recommended Council Action
Receive annual reports and no action required.

Alternative Actions
Council discretion.

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

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
First Amendment Ground Lease Sonoma Home Winemakers
Sonoma Home Winemakers Ground Lease.041916
Sonoma Valley Field of Dreams Restated Lease.041707
Sonoma Valley Field of Dreams First Amdmt.091809
SVFOD_Maintenance and Operations Agreement FY2223
Sonoma Overnight Support Agreement.121305
Sonoma Overnight Support Amend No 1
Agenda Item #6.4:

Sonoma Overnight Support, Memorandum of Understanding, 2022 07 01 SOS End of Year Report 2022
SOS Active Programs
Chamber of Commerce Contract w City FY21-24
CC:

Doug Ghiselin, Sonoma Home Winemakers
Joel Green, Vice President, Sonoma Valley Field of Dreams Kathy King, Executive Director, Sonoma Overnight Support Mark Bodenhamer, CEO of the SV Chamber of Commerce
Agenda Item #6.4:

FIRST AMENDMENTO

GROUNDLEASE AGREEMENTBETWEEN

CITYOF SONOMA
AND

SONOMAHOMEWINEMAKERS
This FirstAmendmentto the Lease Agreement made and entered intoon April19, 2016 hereinafter referred to as Agreement, between Sonoma Home Winemakers therein referred to as Tenant, and the City of Sonoma, a municipalcorporation, therein referred to as City, is made and entered intoon July 30, 2022.

Tenant and Citydo mutually agree as follows:

1. Amended UtilitiesSection Tenant is requesting to amend section 7 Utilitiesof the current Lease Agreement to include language that re?ects the Cityof Sonoma’s willingnessto subsidizewater usage forthe irrigationof eight rows of planted vines withinthe thirty-rowvineyard (approx. 800 vines). The Tenant does not have an active Citywater account as water was turned offto the vineyard in 2016 after the new lease agreement was established. Due to years of drought in Sonoma Valley the vineyard has lost/orin need of replacing twenty percent of the vines that were originallyplanted back when the vineyard was established prior to 1997.However, as the vine loss isn't limitedto single rows but is intermixedwithineach row of vines, the Tenant is requesting a 3-year water subsidy from the City of Sonoma which will allowthem to water the newly planted vines, not to exceed irrigation of 8 rows in any given annual period. The goal is to get the newly planted vines established in a 12- month period and then move intothe next eight rows replacing the lost or dying vines. Once established the vineyard willrevert back to a dry-farmed vineyard. The Tenant estimates the weekly water usage willbe approximately 150 gallons a week.

The City water subsidy is estimated to be $100.00 annually.

In return for the Citywater subsidy, the Tenant willsupply four cases of wine annually to the City, which willbe used at the City's Alcaldeand Treasure ArtistReceptions.

These events recognize City members who go above and beyond in supporting our community.

2. Integration. This First Amendment contains the entire agreement between the parties with respect to the section 7 Utilitieslanguage as amended above and supersedes whatever oral or written understanding to section 7 Utilitiesinthe original Lease Agreement they may have had priorto the execution of this FirstAmendment.

This First Amendment shall not be amended or modi?ed except by a written agreement executed by each ofthe parties. Except as speci?cally revised herein, all terms and conditions ofthe Agreement, and all prior amendments, ifany, shall remain in fullforce and effect, and Tenant shall performall duties, obligations and conditions required under the Agreement.

3. Inconsistencies. Inthe event of any conflictor inconsistency between the provisions of this FirstAmendment and the Agreement, and any prior amendment, if any, the provisions of this FirstAmendment shall control in all respects.

Agenda Item #6.4:

infullforce and effect, and Tenant shall perform all duties, obligations and conditions required underthe Agreement.

3. inconsistencies. inthe event of any conflictor inconsistency between the provisions of this First Amendment and the Agreement, and any prior amendment, if any, the provisionsofthis FirstAmendmentshallcontrolinallrespects.

4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term ofthis FirstAmendment.Noambiguityshallbe presumed to be construed against either party.

5. Counterparts. ThisFirstAmendmentmay be executed by the parties inone or more , counterparts all of which collectivelyshall constitute one document and agreement.

6. Authority. The person signing this FirstAmendmentfor Tenant hereby represents and warrants that he or she isfullyauthorized to sign this FirstAmendmenton behalf of Tenant.

INWITNESSWHEREOF,the parties have entered intothis FirstAmendment on August

2. 2022.

Sonoma Home Winemakers CITYOF SONOMA
An unincorporatedorganization a MunicipalCorporation
of in vidual me‘ akers
g
.SonomHome Winemakers Sue Casey
Doug Ghiselin interimCity Manager
Agenda Item #6.4:

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2016035537
RECORDING REQUESTED BY Of_‘fi¢_:.ia1 Records of Sonoma County AND WHEN RECORDED MAILTO: 3i}éé7§a'i鑧8‘:‘§§‘3H

SONDHQ CITY
LSE 1s Pgs
Fee: $0.00
City of Sonoma
Attn: City Clerk
No. 1 The Plaza
Sonoma CA 95476
DDT E‘7<€,w\p+1Cv\ - Stig, 9“IL
OFFICIAL BUSINESS: Exempt from Recording Fees Pursuant to California Government Code §6103. AFNF
:3,-2:-in DOCUMENT TITLE
Ground Lease for Tex Juen Park (APN #128—560-048) between the City of Sonoma and Sonoma Home Winemakers
Agenda Item #6.4:

GROUND LEASE
THIS LEASEAGREEMENTis made this
lq , 2016, by and day of
between the CITY OF SONOMA,hereinafter referred to as “LANDLORD,”andSONOMAHOME WINEMAKERS, an unincorporated organization of individual home winemakers, hereinafter referred to as “TENANT.”
WITNESSEFH:

THE PARTIES DO HEREBYCOVENANT,PROMISE,ANDAGREEAS FOLLOWS:

1. DESCRIPTIONOF PROPERTY
LANDLORDhereby leases to TENANT,forthe term of the Lease, the existing vineyard located immediately west of the channel of Fryer Creek and north of Leveroni Road, which is commonly known as Tex Juen Park (APN#128-560-048), hereinafter called the “Leased Premises,”iocated on that certain real property more particularly described on Exhibit “A"attached hereto and incorporated by this reference and as further described by plot plan attached hereto as Exhibit“B."

LEASET ERM
Basic Term: The term of this Lease (“Lease Term”) isfor a period of ten (10) years (“basic term”), commencing on
’ , 2016 (“Lease Commencement Date”),
and terminating on 2026, unless sooner terminated or extended, as provided by the terms of this Lease or by law.

Renewal of Lease: TENANT'5 hereby given the option to renew the Lease for two (2) five (5) year periods following expiration of the basic term, exercised by giving written notice to LANDLORDof TENANT’sintent to exercise such Renewalreceived by LANDLORDat least ninety (90) days before the expiration of the basic term and at least ninety (90) days before the expiration of the succeeding ?ve (5) yearterm thereafter.

Limitation on Renewal:In the event that: (a) TENANTis in default on the date of giving the notice; or (b) TENANTisin default on the date the renewed Lease Term is to commence, then, at LANDLORD’selection, exercised by notice, TENANT’snotice of intent to exercise the Rene al shall not be effective, the renewed Lease Term shall not commence, and this Lease shall expire at the end of the basic term unless earlier terminated by LANDLORDunder the provisions of this Lease. Failure to exercise the Renewalfor any period shall nullify the option for allsubsequent periods.

The rent for the Leased Premises shallbe one dollar($1.00) per yearduring the Lease Term, due and payable on the first day of July each and every year. Lease TexJuen Park 2016 Agenda Item #6.4:

NEGATIONOF PARTNERSHIPAND JOINT VENTQRE

6. Nothing in this Lease sha be construed to render LANDLORD,in any way, or for any purpose, a partner, joint venture, or assoctzte, In any reiationshiawithTENANT,other than that of LANDLORDand TENANT,norshallthis Lease be construed to authorize ether to act as agent for the other.

QTILITIES

7. TENANTshallmaintain an active City water account and pay water charges promptly as they become due for water dea/ered to the Leased Premises during the Lease Term.

LANDLORDagrees to supply water to the Leased Premises at TENANT’sowncost.

However, LANDLORDshat not be responsiole for its failure to provide water unesssuch failure '5 due to LANDLORD’ssole negigence.

USESANDPURPQ§E§

8. Permtted uses:TENANTshai use the Leased Premises only for the fo?owing purposes:
a. From the Lease Commencement Date, TENANTsha? use the Leased Premises only for a vineyard for the purpose of providingmembers of the SONOMAHOMEWINEMAKERSwth varietal grapes for home winemaking. (1) In order to assure that this Lease does not consttute an unpermitted gift of pubic funds or property, TENANTagrees that neither t nor its members sha set any of the grapes or other produce it harvests from the Leased Premises nor shai it or its members sell any of the wine that it or any of its members make or produce from the grapes E harvests from the Leased Premises; provided, however, thatTENANTmay set said wine for the purpose of generating revenues all of whichmust be used to benefit chartable, educational, and/oreleemosynary organizations; and provided further, that TENANTmay donate said wire to such organizations who may, ‘mtum, sell said wine provided the revenuesderived therefrom are used for charitable, educational and/oreleemosynary purposes. TENANTshalltake those steps reasonably necessary to assure that the provisions of the paragraph are strictly fobwed by its members, the persons or organizations to whichTENANTdonates said vlme, and to any other persons who harvest grapes or are provided grapes harvested from the Leased b. After execution of this Lease, TENANTmay use the Leased Premises for the purposes stated herem, during the tmes, and under the conditionsspecified therein. Allother activties on or about the Leased Premises are prohibited. Lease TexJuen Park 2016 2 Agenda Item #6.4:

Lease TexJuen Par|< 2016
(1) TENANTshat carry on the activities speci?ed in paragraph 8 in accordancewith good husbandry and the best practices of the farming community in whichthe Leased Premises are located. (2) TENANTshall not do or pemrt anythhg to be done in or about the Leased Premises, or br'ng to keep anything thereh, which wil in any way constitute a nuisance or affect fire or other insurance on the Leased Premises, or which shall in any way con?ict with any law, ordnance, rule, or regulation affecting the occupancy, use, or safety of the Leased Premises which is or may hereafter be enacted or promulgated by any pubic authorty, 'nclud‘ng the County of Sonoma, or whichshall endangerthe health or safety of persons off the Leased Prem'ses. Nor shallTENANTstore, release, generate, handle, use, transport or handle any hazardous materials on the Leased Premises wthout the review and approval of the Fre Chief and Buiding Official.The term “hazardous material” means any substance which is (D designated, def'ned, classified or regulated as a hazardous substance, hazardous material, hazardous waste, toxic substance, sold waste, polutant or contaminant under any EnvironmentalLaw, as currently tr effect or as hereafter amended or enacted, (i) a petroleum hydrocarbon, including cmde oilor any fraction thereof and al petroleum products, (6) PCBs,(iv) lead, (v) asbestos, (Vl)flammable expbsives, (vi) infectious materials, (vii) polychbnnated biphenyl, (ix) those substances sted in the UnitedStates Departnent of Transportation (DOT)Table [49 C.F,R. 172.101], or by the EnvironmentalProtection Agency (EPA),or any successor agency, as hazardoussubstances [40 C.F.R. Part 302], (x) designated as a hazardoussubstance pursuant to 33 U.S.C.A§ 1321 or isted pursuant to 33 U.S.C.A§ 1317, or (xi) radioactive materials. “Environmental Laws”means al federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any governmentauthorty regulating, relathg to, or 'mpos‘ng lrabilty or standards of conduct concerni1g any hazardous substance, or pertaining to occupational Heath or industrl hygiene (and only to the extent that the occupational Health or 'ndustrial hygiene laws, ordnances, or regulations relate to hazardoussubstances on, under, or about the Leased Premises), occupational or environmental conditionson, under, or about the Leased Premises, as now or may at any later t'me be in effect, includtrg without imitation, the Comprehensive EnvironmentalResponse, Compensation and Lebiity Act of 1980 §§ 6901 et seq.]; the Clean WaterAct, also known as the Federal Water Polution ControlAct (“FWPCA”)[33 U.S.C.A§§ 1251 et seq.] ; the Toxic Substances ControlAct (“TSCA")[15 U.S.C.A§§ 2601 et seq.];the Federal Insecticide, Fungicide,Rodentic?e Act [7 U.S.C.A§§ 136 et seq.]; the Superfund Amendments and ReauthorizationAct [42 U.S.C.A§§ 9601 et seq.]; the Clean AirAct Agenda Item #6.4:

[42 U.S.C.A§§ 7401 et seq.]; the Safe DrinkingWater Act [42 U.S.C.A§§ 300f et seq.]; the Sold Waste Disposal Act [42 U.S.C.A §§ 6901 et seq.]; the Surface Mming Control and ReclamationAct [30 U.S.C.A§§ 1201 et seq.]; the Emergency Planning and communrcyRight-to-KnowAct [42 U.S.C.A§§ 11001 et seq.]; the Occupatbnal Safety and HealthAct [29 U.S.C.A§§ 655 and 657]; the Caifomia Underground Storage of Hazardous Substances Act [Health & Saf. Code §§ 25280 et seq.]; the Caifomia Hazardous Substances Account Act [Health &Saf. Code §§ 25300 et seq.]; the CaEfom'aHazardousWaste ControlAct [Health & Saf. Code §§ 25100 et seq.]; the Caifomia Safe Drinking Water and Toxic Enforcement Act [Health &Saf. Code §§ 25249.5 et seq.]; the Porter—Cobgne Water Qua?y Act [Wat. Code §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or bcal law, statute, ordhance, or regulation now ‘n effect or later enacted that pertains to occupatbnal Health or hdustrial hygiene, and only to the extent that the occupational Heath or industral hygiene laws, ordhances, or regulations relate to hazardous substances on, under, or about the Leased Premises, or the regulation or protection of the environment, 'ncluding ambient air, soil,soi vapor, groundwater, surface water, or land use.
(3) TENANTshal not commit or suffer to be commtted any waste on the Leased Premises or allowthe Leased Prembes to be used for any 'mproper, unlawful, or objectionable purpose. Nor shal TENANT use the Leased Premises to provide grapes to commercialwineries. (4) TENANTshallnot place or maintain or pennic the placing or maintaining of any sign or deviceof any kind, nature, or description on the Leased Premises without the wrtten approval of the Planning Depanmentand Buiding Department. TENANTmay place a smallstorage buid‘ng, subject to the prior approval of the Plann'mg Departmentand Buiding Department, at the northerly end of the Leased Premises provided that said storage buiding has a roof area no greater than one hundredtwenty (120) square feet and a height at the riigeine of the roof of no greater than ten (10) feet.
(5) TENANTagrees not to apply pesticides, insecticides,fungiciies, herbiciies, or other chemicaltreatments that wii have a residual effect beyond the term of this Lease except with the prior written

9. Changes in Permtted Uses: TENANTmay use the Leased Premises, or permit them to be used for any other lawfulpurpose which, i1 the sole determination of IANDLORD, would not ‘nterfere with the use or development of the remainder of the Leased Premises or surroundhg park ‘:1a manner determined by LANDLORDto be ":1the public Lease Tex Juen Park 2016 Agenda Item #6.4:

interest, so bng as such changed use is rebted to a vineyard. Any such change of use shal be made only upon LANDLORD’sprbr wrtten consent.

ASSIGNMENUSUBLETTING

10.: TENANTshal have no right to encumber the Lease hereunder in any manner and shall not assign, subbt, hypothecate, or othenivse transfer whether voluntarily, involuntariy, or by operation of law, ts ‘nterest in this Lease or any part thereof wthout the proper wrtten approval of LANDLORD.No such assignment or transfer shal be validor bhdtig wthout said prior written approval, and then only upon the condtion that such assignee or other successor'm interest shall agree in wrting to be bound by each and all of the covenants, conditions, and restrictions of this Lease. An attempted assignment or transfer not ‘:1comphnce with the provisions of this paragraph shal be grounds for LANDLORD’sten'n'nation of the Lease. LANDLORD’s consent to any assignment or transfer shall not be deemed a waiver of this requ‘rement as to any subsequent assignment or transfer.

IL NDITION

11. LANDLORDmakes no covenant or warrantes respecting the condtion of the sol, subsoil,or any other condtion of the Leased Premises. TENANTshal have the right to enter onto the Leased Prem‘ses to make any tests t deems to be necessary to detenn he the condtion of the sol, prior to the commencement of the Lease Term. Al such tests made by or on behalf of TENANTshal be at TENANT’ssole expense. TENANTshallprovide LANDLORDwth a copy of any test resuts on commencement ofthe Lease Term.

PROTECTIONOF LANDLORDAGAIN§l QQSTOR CLAIM

12. No reference to the Mechani:’s LienLaw made ‘n this Lease shall be construed to be an agreement or an acknowledgment that such law applies to ‘mprovements constructed pursuant to this Lease, or that such 'mprovements are, or are not, pubic works.

TENANTshallpay, or cause to be paid, the total cost and expense of all works of 'mprovement, as that phrase is defhed ‘n the Mechanic'sLien Law (commencing wth CaliforniaCivilCode § 3109). No such payment shal be construed as rent. TENANTshall not suffer or perrnil:to be enforced against the Leased Premises, or any part of t, any mechanic's, materal men's, contractors, or subcontractors Benarising from any work of 'mprovement, however t may arise. However, TENANTmay, in good fath, and at TENANT’sown expense, contest the vaidty of any such asserted Een,cla‘m,or demand, provided TENANThas furnished the bond requted in CivilCode § 3143 (or any comparable statute hereafter enacted provid'ng for a bond freeing the Leased Premises Premises by TENANT,togetherwth all costs and expenses incurred by LANDLORDi1 negotiating, setting, defend'ng, or otherwise protecthg aga'nst such claéms. 13. If TENANTdoes not cause to be recorded the bond descrbed ‘n Caifornia Civi § 3143, or othenNiseprotect the property under any atemative or successorstatute, and a final judgment has been rendered aga'nst TENANTby a court of competent jurisdiction for Lease TexJuen Park 2016 5 Agenda Item #6.4:

14. 15.
the foreclosure of a mechanic's, materel men's, contractors, or subcontractors lien and ifTENANTfat to stay the execution of the judgment by awful means or to pay the judgment, LANDLORDshall have the right, but not the duty, to pay or otherwise discharge, stay, or prevent the execution of any such judgment or Een or both. TENANT sha? re'mburse LANDLORDfor allsums paid by LANDLORDunder this paragraph, together with all LANDLORD’sreasonable costs, plus interest on those sums at the max'mum rate an Emdividualis permtted by lawto charge from the date of payment unti the date of reimbursement.

IMPR VEMENTS
TENANTshallnot, without LANDLQRD’sprior wrtten consent, constmct, instai, modify, alter, 'mprove, repaEr, or in any way change the Leased Premises or any structure, facihy, appiance, or electrical or mechanical‘mprovement now or hereafterin place on the Leased Premises, except for the purposes assocted with planting, treking, and maintaining a vineyard and then sha do so foiowing the practices of good husbandry.

TERMINATION & EXPIRATION
LANDLORDand TENANTagree that every condition, covenant, and provision of the Lease is material and reasonable. Any breach by TENANTof a condtion, covenant, or provision of this Lease w? consttute a material breach. For any material breach by TENANT,LANDLORDshall provideTENANTwth a written notice that describes the breach and demands that TENANTcure the breach (if a cure is possiale). If TENANT does not cure the breach vxihlnthity (30) days of is recept of the cure notice, or if a cure is not possbie, this Lease wi?terminate. Termination of the Lease for breach by TENANTvif? not occur unless the foregoing events occur. In addtion to the above, this Lease may be tenninated prior to the expiration date by mutual consent of the parties or upon sixty (60) days’wrtten notice by either party to the other.

Wthout Entiwg the generality of the foregotrg, the following shai consttute a material breach by TENANT:
a. Faiure to pay rent when due;
b. Uses of the Leased Premises for any unlawful purpose; c. Abandonment of the Leased Premises;
d. Assigning or subbtting the Leased Prem‘ses without the prior written consent Committtig waste on the Leased Premises; f. Maintainmg, committing, or permttiig the maintenance or commission of a nuisance on the Leased Premises; LeaseTexJuenPark2016 6 Agenda Item #6.4:

g. Any material failure to keep the Leased Premises ‘n a santary conditionor to dispose of al trash and garbage resuting from the tenancy. h. Alterhg the LeasedPremises 7nany manner, except as provided in th's Lease;
i. Fa?jre to perform any other provisbn, covenant, or condtion of this Lease.

16.TENANT’s Duty to Surrender:Atthe expiation or earkr termination of the Lease, TENANT shallsurrender to LANDLORDpossession of the Leased Premses. TENANTshall leave the Leased Premises, and any other property, in good and broom-clean condition.

ABproperty (including but not ?nted to the vineyards) thatTENANThas used hereunder shal become LANDLORD’sproperty at termiration of this Lease. IfTENANT fat to surrender the Leased Prem’ses at the expiration or sooner termination of this Lease,TENANT sha? defend and hdemnify LANDLORDfrom al Iabity and expense resulting from the delay or failure to surrender, including, without Entation, claims made by any succeeding TENANTfounded on or resultmg from TENANT’sfailure to surrender.

17. Holding Qver:Th‘s Lease shal termirate wizhoutfurther notice at expiration of the Lease Tenn. Any holdingover by TENANTafter expration shal not consttute a renewal or extension of the Lease or give TENANTany rights ‘n or to the Leased Premises except as expressly provided in this Lease. IfTENANTshaI remain in possession of the Leased Prem'ses at the expration of the Lease Term wthout written consent from LANDLORD, such tenancy sha? be deemed a month-ttrmonth tenancy only and not a renewal of this Lease, nor an extensbn for any further term. In that case, TENANTshal pay rent ‘Hr an amount of $500 per mondr, and the month—to—monthtenancy shal be subject to every other term, covenant, and condtion contained in this Lease that B consstent with and not contrary to a month-to-month tenancy. Notwthstanding the foregoing, termhation of msLease shall not release TENANTfrom any iabity or obligation under the Lease, whether of indemnty or otherwise, resuting fromany acts, omssions, or events happenhg prior to the date of termination, or date of surrender if t be later.

INSURANQEPROVLSIONS

18.Tenant SHALLPROCUREANDMAINTAINFORTHE DURATIONOFTHELease insurance against claimsfor ‘njuries to persons or damages to property whichmay arise from or in connection wth TENANT’soperation and use of the Leased Premises. The cost of such insurance shal be borne by the TENANT.
(1) CommercialGeneral L‘abEty (CGL): Insurance Services OfficeFomr CG O001 covering CGLon an “occurrence” basis, rrcluciing property damage, bodiy injury and personal injury. If a general aggregate int applies, ether the general aggregate init shal apply separately to this project/bcation or the general aggregate link shal betvvice the requ'red occurrenceEmit.The hsurance shal includebroad form property damage, bhnket contractual, completed operations, Lease Texluen Park 2016 7 Agenda Item #6.4:

b.

C.
d.
vehice coverage, products ability and empbyefs non—ownershipEabiity coverage.
(2) Workers’ Compensation insurance as required by the LaborCode of the State of Ca?fom and Employers Liabilty insurance.
(3) That sufficient to cover TENANT’sTmdemni?cationobligations set forth in paragraph 19, below.

Mmnum Links of Insurance. TENANT sha maintain imts no Kassthan:
(1) GeneralLiabiity: $1,000,000 combinedsgle Ent per occurrencefor bodty injury, personal injury, and property damage. If CommercialGeneral Lability Insurance or other fonn with a general aggregate ant ‘s used, either the general aggregate ant shall apply separately to this project]location,or the general aggregate ant shall be mice the requtecl occurrence int. (2) Workers’ compensation and Employers Lisrbiity:Workers’ compensation limitsas required by the Labor Code of the State of Caifomia and Employers Liabtty irnts of $100,000 per accident.

Dedugbes and gelf-Insured Retentions.Any deductbles or self-insured retentions must be declared to and approved by LANDLORD.At the option of the LANDLORD, ether:
(1) The insurer shall reduce or e?ninate such decluctbles or self~insured retentions as respects LANDLORD,ts officers, of?cls, employees, and volunteers; or (2) TENANTshall procure a bond guaranteeing payment of bsses and related iwestigations, claimadministration, and defense expenses.

Qther Insurance Pfov?gns. The policies are to contati, or to be endorsed to contain, the fo?owing provisions:
(1) (general Liabiity.
a. LANDLORD,its officers, officials,empbyees, and volunteers are to be covered as msureds as respects iabity arising out of premises owned, occupied, or used by LANDLORD,ts officers, officials, employees, or volunteers.

LANDLORD,its officers, offices, employees, and volunteers. Any insurance or self—excessof the TENANT’s‘msuranceand shat not contribute with it. c. Any faiure to comply virth reporting provbions of the poicies shall not affect coverage provided to LANDLORD,ts officers, officials, employees, or volunteers. LeaseTexJuen Park2016 8 Agenda Item #6.4:

d. Coverage shat state that the TENANT’sinsurance shall apply separately to each insured agahst whom dam is made or suit is brought, exceptwth respect to the knits of the insurer's ebilty.
(2) Workers’ Compensatbn and Empbyers LEM Coverage. The insurer shall agree to waive all rights of subrogatbn against LANDLORD,its officers, officiais, employees, and volunteers for losses arisirg from the Leased Premises. (3) AHCoverages. Eachinsurance poky required by the clause shall be endorsed to state that coverage shai not be suspended, voijed, canceed, reduced in coverage or in anits except after thirty (30) days’prior written notice by certi?ed mai, return receipt requested, has been given to LANDLORD. a. Acceptabm of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
b. Verificationof Coverage.TENANT sha furnish LANDLORDwth certificates of insurance and wth or7r_;inalendorsements effective coverage required by th's clause (“INSURANCEPROVISIONS”). The certificates and endorsements for each insurance policyare to be signed by a person authorized by that insurer to bind coverage on is behalf. The certificates and endorsements are to be on forms provided by LANDLORD.Where by statute, LANDLORD'sworkers’ compensation—relatedforms cannot be used, equivalent forms approved by the Insurance Commissbner are to be substtuted. Allcertificates and endorsements are to be received and approved by LANDLORDbefore the Lease Commencemmt Date. LANDLORD reserves the right to require complete, certified copies of a? required poicies at any t'rne.

LANDLORD'SNON LIABILITY:INDEMNIFICATIONBYTENANT

19. Neither LANDLORDnor LANDLORD'sagents, employees and officers sha? be table for any loss of any property of TENANTor of anyone else by theft or otherwise. In addition, TENANTshallindemnify, hokj harmless, release, and defend LANDLORD,its agents, officers, and ernpbyees from and against any and a action, clams, damages, disabikies or expenses (including witness costs, attorneys’fees and court costs) that may be asserted by any person or entty, iichrdirg TENANT,ar‘sing directly or indirectly out of or in connection wth:
a. The use of the Leased Premises in any manner by TENANT,ts agents, employees, not aiowed under this Lease. b. Any breach by TENANTof the terms, covenants, or condtions of this Lease. c. Any other act or om’ssion of TENANT,ts agents, employees, invitees, licensees, contractors, or others, arsing under this Lease. Lease TexluenPark2016 9 Agenda Item #6.4:

Thisindemnification obigation shali exist whether or not there is concunent negligence or active negligence on the part of the LANDLORD.The indemnification obligation sha? survive the expiration or earier termination of this Lease.

INSPECTIONBYLANDLORD

20. TENANTshallpennt LANDLORD,its agents, representatives, or employees to enter the Leased Premises at ai reasonable times to determine whether TENANTis complying with the terms of this Lease and for the puipose of doing other lawful acts that may be necessary to protect the LANDLORD'sinterest ii the Leased Premises.

ACCEPTANCEBYTENANT

21. TENANTaccepts the Leased Premises, as we as any inprovements thereon and faci?ies appurtenant thereto, in the'r present condtion, and agrees that the Leased Premises have been inspected by it and assured by means independent of LANDLORDor its agents of the truth of at facts material to this Lease and that TENANTisleasing the Leased Premises as a result of is inspection and not as a resut of any representations made by LANDLORDor its agents, representatives, or employees.

EFFECTOF PARTIALINVALIDITY

22. If any terms or provisions of the Lease, or any appication thereof, shall be held invalid or unenforceable, the remainder of this Lease and any appication of the terms and provisions shall not be affectedthereby but shat remain vale and enforceable pursuant to tht; Lease and CaliforniaLaw.

ATTORNEY'SFEES

23. In the event that either party commences any legal action or proceediig, including an action for deciaratory re?ef, against the other by reason of the aleged failure of the other to perform or keep any term, covenant, or conditionof the Lease, the party preva?wg in said action or proceeding shai be entitled to recover, ‘maddtion to court costs, a reasonable attomey’s fee to be ?xed by the court, and such recovery shall includecourt costs and attomey’s fees on appeal, if any. The court w? detennine who is the “prevai?wgparty,” whether or not the suit proceeds to finaljudgment. However, if an action is voluntarwdismissed, or dismissed pursuant to a settlement of the case, neither party wil be entitled to recover is attomey’s fees, LANDLORDspecifcaty waives any right to recovertrebka or puntive damages pursuant to CaliforniaCode of Civil Procedure § 1174.

24. Waiver by either party of a breach of any covenant of the Lease wii not be construed to be a contiiuing waiver of any subsequent breach. Nowaiver by ether party of a provision of this Lease WEbe considered to have been made unless expressed in writing and signed by at parties. Lease Texluen Park 2016 10 Agenda Item #6.4:

25. 26.

27. 28.

Lease Texluen Park 2016
TIME QF E§SEN§;E
Time '5 of the essence of each provisbn of the; Lease.

SUCCESSORS
Eachand a? of the covenants and conditionsof th'5 Lease sha be bindtig on and insure to the beneft of the he'rs, successors, executors, adm'n5tiators, assigns, officers, and personal representatives of the respective parties.

SERVICEOF NOTICES
For purpose of service of process and service of notices and demands on TENANT,the address 5:

Sonoma Home Winemakers
P. O. Box 590
Sonoma, CA95476
TENANTshallinfonn LANDLORDpromptly of any change of the aforementioned noti?cation address. TENANTshal fie wth the Caifornia Secretary of State a statement meeting the requirements of Cal. Corp. Code §1820O and wthh sixty (60) days of the Lease Commencement Date, deiver a confomied copy thereof to LANDLORD. a. Further, TENANTagrees to submit each calendar year, no later than March 1, a list of addresses of its officers and to notify LANDLORDof any change of officer or change of address of any officer as they occurthroughout the year.

For purpose of service of process and service of notices and demands on LANDLORD, the address 5:

Cky Manager
Cky of Sonoma
No. 1 The Plaza
Sonoma, CA95476
MERQER
Th'5 Lease is htended both as a fnal expression of the agreement between the parties hereto with respect to the inclided terms, and as a complete and exclusive statement of modificationof th5 Lease shai be effective unless and unti such modification 5 evidenced by a writing signed by both parties. No promise, representation, warranty, or covenant not includedin this Lease has been or is reliedon by either party. Each party has reied on their ovim examiiation of this Lease, the counsel or their own advisors, and the warranties, representations, and covenants of the Lease itself. The faiure or refusal of either party to inspect the Leased Prem5es or mprovements, to read the Lease or other documents, orto obta'n legal or other advice relevant to this transaction, 11 Agenda Item #6.4:

constitutes a waiver of any objection, contention, or chin that might have been based on such reading, inspection, or advice.

AUTHORIZATION,

29. The persons who execute this Lease on behalf of the TENANTwarrant and represent that they have been expressly authorized by the TENANTto execute the Lease on its behalf and that this Leaseis a lega?y binding obligation of the TENANT.

DOCUI‘/lEl’\lTAR‘r' TRANSFERTAX

30. This Lease is exempt from the documentarytransfer tax because ‘ts term is less than 35 years.

NO INSPECTIONBYACCESSPECIALIST

31. Pursuant to CaliforniaCiviiCode Section 1938, the Leased Premises have not been inspected by a “CertifiedAccess Specialst." Since comphnce with the Americans with Disabl?ies Act and its State counterparts (coiectively “ADA")is dependent upon TENANT’sspecifi:use of the Leased Premises, LANDLORDmakes no warranty or representation as to whether or not the LeasedPremses comply with ADAor any similar legslation or ‘mplementing regulations. In the event that TENANT'suse of the Leased Premises requires modifications or addizionsto the Premises in order to be in ADA compliance, TENANTagrees to t'mely make any such necessary modificationsand/or additions at TENANT'ssole expense.

PREVAILINGWAGEADMONISHMENT

32. Any capital improvement work of more than One Thousand Dollars($1,000.00) may require TENANTto pay, or have TENANT'scontractor(s) pay, with respect to such work, State prevaiing vieges, and conform to all other requirements, in compiance with Labor Code Section 1720 et seq. TENANThereby expressly acknowledges and agrees that the LANDLORDB not, by this Lease, affimati/ely representing, and has not previously af?rmatively represented, to TENANTor any contractor(s) of TENANT,for any work of inprovement on the Leased Premises, Tm\~rt‘mg or otherwise, in a cat for bids or any agreement or otherwbe, that any work to be undertaken on the Leased Premses, as may be referred to in the Lease or constmed under this Lease, is /iota “publicwork,”as defined in Section 1720 of the LaborCode. TENANTshaHindemnify, protect, defend and hold harmless IANDLORDand asofficers, employees, agents, representatives, and attorneys, wth counsel reasonably acceptable to LANDLORD,from and against “iicreased costs”as de?ned ii LaborCode Section 1781 (including LANDLORD’s connection with any workof Emprovementon the Leased Premises, that results or arises in any way from noncompliance by TENANTof the requirement, if and to the extent applicable, to pay federal or state preva?ng wages and hire apprentices; or (2) failure by TENANTto provide any required deciosure or identification as required by Labor Code Sections 1720 etseq. including without Entation specifically Section 1781, as the Lease Texluen Park 2016 12 Agenda Item #6.4:

same may be amended fromt'me to t'me. The foregoing indemnity shall survive the expiration or earier tenniiation of the Lease.

P S E ORY INTERE AX

33. The leasehold estate created by this Lease may be subject to a possessory 'nterest property tax pursuant to Cal Rev. &Tax. Code Section 107.6 and TENANTmay be subject to the payment of such tax.

QQMPLIANQEWITH LAWS

34. TENANTshallcomply wth al appicable state and federal laws, localordhances, rules and orders of the Cty of Sonoma, County of Sonoma and State of Caifomta, including but not inited to the ADA,pertaining to the use, cleanhess, safety, occupancy, mahtenance and ‘mprovement of the Leased Premses.

RECORDINGOF LEASE

35. This Lease shal be recorded ‘n the Sonoma County Recorder's Office 'mmed'ately after it '5 fully executed, pursuant to Caifomia Government Code Section 37393.

Executed on Q42,[Q , 2016, in the City of Sonoma, County of Sonoma, State of California.

By LANDLORD: ByTENANT:

Cty of Sonoma Sonoma HomeWinemakers
By:

Carol G‘ anatto
Cty Manager Name: QM‘//wt Vi I 57/19!‘
Its President
By:

Name:

APPROVEDASTO FORM By: / i gay
Attorney Lease Texluen Park 2016 13
Agenda Item #6.4:

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- ‘t 2.tU0~ltSN01/\t' W (t~8(ttl~8/I‘y—G8?7) HtiémIt?él?r’ Agenda Item #6.4:

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of Sonoma }
Orr ?- Z./Q before me, Gay Johann, Notary Public, personally appeared ~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ¥mJ—r/)\J Gay J nn
(Seal)

GAYJOHANN
commissionof 2059536
Notary-Public- California
2 Agenda Item #6.4:

RESTATED LEASE
This restated Lease entered into at the City of Sonoma, Sonoma County, State of California, on �PfZ-lL. l7 _, 2007, between the CITY OF SONOMA, a municipal corporation, as Lessor, and THE SONOMA VALLEY FIELD OF DREAMS, a California corporation, as Lessee is the successor to the Lease originally entered into between CITY and Lessee on April 7, 1993.

For convenience, the parties will be referred to in this lease respectively as the "CITY" and the "LESSEE."

RECITALS
On April 7, 1993, CITY and LESSEE entered into an agreement whereby LESSEE leased from CITY a parcel of real property approximately 665 feet by 730 feet located on First Street West.

On June 8, 1994, and on March 16, 2005, the Indemnification provision of said lease was amended.

On October 7, 1998, the area of the leased premises was amended to include additional undeveloped property.

On April 7, 2003 and at all times thereafter, LESSEE was and remains a private, non-profit corporation organized under· the law of California and qualified for exemption · from federal income tax and State of California franchise tax. Its sole purpose is the creation and operation of a facility consisting of turfed areas and playfields in the City of Sonoma to be operated on a long-term basis for the benefit of young people who reside in and in the environs of the City of Sonoma.

On April 7, 2003 and at all times thereafter, the CITY made and continues to make no representation as to the suitability of the property described in Exhibit A for the purposes intended.

T ditibCJ Page I ofl6
Agenda Item #6.4:

Prior to and since April 7, 1993, LES SEE raised, and continues to raise substantial funds and obtained commitments for the payment to it of substantial funds and proceeded with the establishment of the intended playfield use in the City of Sonoma, and the City of Sonoma continues to deem the establishment and operation of such a facility as an activity partaking of the nature of a public use. Notwithstanding funding which may have been contributed by CITY to the construction of planned improvements on the premises or which may have been granted on a one-time basis in support of programs administered by LESSEE, there is absolutely no commitment from the City of Sonoma or any other public agency to fund any aspects of the creation or maintenance of said playfield, any improvements thereto or any associated uses and the LESSEE has not relied on any expectation of such funding.

The planned construction in 2007 of restroom facilities on a portion of the leased premises has caused the LESSEE and the CITY to restate the lease to incorporate all previous amendments and to incorporate provisions regarding the new restroom facility.

The CITY is willing to restate the lease for the property described in Exhibit A in consideration of the promises and the undertaking of the LESSEE, as stated in this lease, and upon the reservation of a nominal monetary rent, according to the terms and conditions stated below.

The parties therefore agree as follows:

1. Term of Lease. The CITY hereby leases to the LESSEE the real property described in Exhibits A and B attached hereto for a term of 55 years from and after April 7, 1993 through April 6, 2048, and the LESSEE, by execution of a copy of this restated lease and receipt of this lease executed by the Mayor or other authorized officer of the City of Sonoma, pursuant to resolution of its City Council, hereby takes the said property for the said term and will enter into possession thereof and will faithfully perform all of the terms, conditions, promises and undertakings stated as obligations of the LESSEE in the following paragraphs of this instrument.

Agenda Item #6.4:

2. Use of the Property The premises are leased to LESSEE for the following purpose or purposes, and for none other:

1. Construction and operation of playing fields primarily for the not for profit use of young persons in organized and adult supervised team sports. n. Such other uses which are incident and directly related to the uses permitted herein, incl�ding operation and maintenance of a restroom facility, as may be approved in writing after resolution of the City Council, which may be granted or withheld in the absolute discretion of the City Council. 111. Except in such times where LESSEE has expressly scheduled the use of the fields and associated property for team sports permitted herein or as otherwise provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, the property shall remain open to the use of other members of the public without fee or charge.
1v. Pursuant to paragraph 31 of this lease, the City Council may promulgate such other reasonable rules and regulations as it may deem fit with regard to the uses permitted by this paragraph.

Any other use of the premises than as set forth herein shall be a breach of the covenants and conditions of this lease.

In addition to any other act prohibited by this lease, LESSEE shall not do, commit, suffer, permit, nor allow upon the premises any act or thing which:
a. Will increase the existing rates of insurance on the premises. b. Will cause a cancellation of any policy of insurance covering the premises. c. Might be prohibited by the standard form of fire insurance policy. d. Will constitute waste upon the premises.
e. Will create a nuisance upon the premises.
f. Will disturb the quiet enjoyment of other tenants or the CITY upon the· premises retained by the CITY or leased to other tenants by the CITY. g. Will cause the claims of mechanics, artisans, or material men to become a lien upon the premises.

Agenda Item #6.4:

3. All Uses must be Lawful. No use other than that described in the paragraph above may be made of the property without the prior written consent of the CITY, and every use of the property must in all respects be lawful and not in violation of any valid law, ordinance or regulation of any federal, state, county, city or other governmental agency having jurisdiction. The LESSEE shall not at any time maintain, commit or permit the maintenance or commission of any nuisance, as now or hereafter defined by any statutory or decisional law, on the premises or any part of it. LESSEE shall not illegally discriminate against any person or class of persons in a manner that would be prohibited to the City of Sonoma were it operating the property.

4. Property Taxes; Responsibility of LESSEE. At the date of this lease, the premises are exempt from ad valorem real property taxation as being held for municipal purposes within the corporate limits of the City of Sonoma. The CITY makes no representation and gives no assurance that the LESSEE's interest will be similarly exempt whether under Section 214 of the Revenue and Taxation Code or otherwise. Real property taxes, if any, which may be assessed against the interest of LESSEE shall be paid by LESSEE when due, and LESSEE agrees that any transfer of its title, or threatened transfer of its title, for delinquent taxes shall constitute grounds for the immediate termination of this lease by the CITY and forfeiture of its interest.

5. Right to Contest Tax. No provision in the foregoing paragraph is intended to deprive LESSEE of its right to contest, oppose or object to the amount or validity of any tax, assessment or other charge levied upon or assessed against the premises or any part of the premises. In any such contest, it shall be the LESSEE's sole responsibility to obtain and maintain stay of all proceedings for enforcement and collection of such tax, assessment or other charge.

6. Utilities. Except as provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, the LESSEE shall pay for all utilities and services delivered to or for the benefit of the premises and shall hold the CITY free and harmless from all utility and service charges of every kind whatsoever.

Agenda Item #6.4:

7. Construction of Improvements Except as provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, all structural improvements to the property shall be considered temporary. The facilities to be constructed on the premises shall be at the sole cost and expense of LESSEE, and the CITY shall not be called upon to make any contribution to the improvements other than the transfer of the leasehold interest at nominal monetary consideration as provided for in the terms of this instrument. The parties recognize that an initiative measure of the people of the City of Sonoma prohibits the construction of permanent structures on this property.

Therefore no permanent structures shall be constructed on the property and LESSEE shall remove all structures from the property upon termination of this lease for whatever cause unless the retention of the structure is permitted by the City of Sonoma.

8. CITY Approval of Plans. Before any improvement is commenced upon the property, the LESSEE shall submit to the CITY for its review and approval all plans, specifications, drawings and other instruments prepared for construction purposes which shall show the proposed location of improvements upon the property. No improvements shall be placed upon or maintained on the premises that do not comply with plans, specifications and locations approved by the CITY, and following placement, no material additions to or alternations of any structure or improvement shall be made without the further consent of the CITY. All plans and specifications must be prepared by licensed architects or engineers. Plans for any structural work shall be checked by the CITY' s building official and inspected during construction utilizing the City's normal building permit process.

9. Nonresponsiblity of CITY for Liens. LESSEE will allow no new construction work of any kind to be commenced upon the property and.will allow no construction materials to be delivered to the property until at least 10 days after written notice has been given to the CITY, care of the City Manager, of the intended commencement of work or intended delivery of materials. The CITY shall at all times have the right to post and maintain on the said premises, and to record as provided by law, notice or notices of nonresponsiblity under the Mechanics Lien laws of California. The work prohibited by this paragraph until proper notice has been given includes construction work, any work

Agenda Item #6.4:

done for site preparation, utilities installation, street or sidewalk construction or any grading or filling on the said premises.

10. Contractors Bonds. Each general contractor employed by LESSEE to perform any construction services in or about the premises shall be required to deliver surety bonds in amounts equal to the contract price to secure faithful performance of the contract and to secure the payment of all claims for the performance of labor or services on, or for the furnishing of materials for, the performance of the contract. Labor for which there is no remuneration shall be exempt from this requirement. 11 Compliance with Law. All work performed upon the premises shall be done in accordance with all valid laws, ordinance, regulations and orders of all governmental agencies having jurisdiction. No buildings or improvements on the premises shall be occupied or utilized until the City of Sonoma has issued a final certificate of occupancy. No provision of this lease shall be deemed to imply or expressly allow the construction of structures on the property contrary to paragraphs 7 and 8.

12. Improvements are Part of the Realty. Any and all buildings and improvements placed or erected upon the premises, together with alterations, additions, improvements and fixtures, except movable furniture and furnishings, shall be considered part of the real property of the premises and upon expiration or sooner termination of the lease, shall remain on the premises and become the property of the CITY, unless required to be removed under paragraph 7.

13. Maintenance of Improvements by LESSEE Except as provided in paragraph 16, hereof, with respect to the operation and operation of a restroom facility, the LESSEE at its own cost and expense will keep and maintain the said premises and all improvements on them in safe and sanitary condition and in good order and repair. All landscaping installed upon the premises shall be kept in clean and attractive condition, properly watered and cultivated.

14. Damage or Destruction oflmprovements; LESSEE's Duty to Restore. Except as provided in paragraph 16, if during the term of this lease any buildings or

Agenda Item #6.4:

improvements on the premises are destroyed in whole or in part by fire, theft, the elements or other cause not the fault of the CITY, this lease shall continue in full force and effect provided the LESSEE at its own cost and expense shall repair and restore the damaged or destroyed improvements according to the original plan thereof or according to such modified plans as shall be approved in writing by the CITY. The work of repair or restoration shall be commenced within a reasonable time after damage or destruction occurs and shall be completed with due diligence after the work is commenced.

15. LESSEE's Election Not to Restore Damaged Improvements. Except as provided in paragraph 16, if improvements on the property are destroyed to an extent that makes replacement impossible or difficult, for lack of sufficient insurance proceeds or other good reason, LESSEE shall have the option of terminating this lease provided that it will remove at its own costs and expense all debris and remains of damaged improvements from the premises and if demanded by the CITY, will remove at its own cost and expense all other improvements and structures on the premises and restore possession of the premises to the CITY with all buildings removed, including foundations thereof, clean of all debris and rubble and in safe and sanitary condition.

16. Restrooms. Subject to the conditions set forth below, CITY shall at its sole expense construct a restroom, kennel and storage building, hereinafter "RESTROOM BUILDING," as described in Exhibit Bat the location depicted in Exhibit A.

1. LESSEE maintenance and repair obligations
a. LESSEE, at its sole expense, shall be responsible for the operation and maintenance of that portion of the RESTROOM BUILDING (restroom and ancillary storage room) that is accessible from the leased premises, including the following:
b. LESSEE shall maintain in an operable condition all interior electrical and plumbing, including fixtures, wiring, receptacles, switches, lighting, overcurrent protection, piping and conduits, serving the restroom portion of the RESTROOM FACILITIES. LESSEE shall maintain in an operable condition the exterior lighting and drinking fountains serving the restroom portion of the RESTROOM FACILITIES ..
c. LESSEE shall maintain and repair all interior finishes including flooring, wall finishes, doors, screened vent openings, ceilings, toilet partitions, mirrors, hardware, dispensers, shelving, signage, vandalism repairs and graffiti removal and all

Agenda Item #6.4:

other permanently installed equipment or items within the interior of the restrooms and the ancillary storage room.
d. LESSEE is responsible for operation of the restrooms including regular janitorial service, restroom paper supplies, cleaning supplies and cleaning equipment.
e. LESSEE is responsible for locking and unlocking the restrooms.

Except as set forth herein with respect to City-authorized events, restrooms shall be open only during those times when LESSEE has expressly scheduled the use of the fields and associated property for team sports as permitted herein. Restrooms shall be locked during non-daylight hours except when CITY-authorized special night-time events are held, during which times LESSEE agrees to make restrooms available to the general public at no cost to the CITY or the general public. LESSEE shall be responsible for maintaining and programming all locking mechanisms. LESSEE shall provide to the CITY access codes and keys for locking mechanisms to the restrooms and ancillary storage room.
f. LESSEE shall at all times maintain the restrooms, the restroom storage and the exterior areas west of the attached fence located between the Police Station and the Field of Dreams in a clean and sanitary condition. CITY shall provide sufficient trash receptacles and shall provide trash removal and disposal as needed to maintain clean and sanitary conditions within and in the exterior vicinity of the restrooms on the leased premises.
g. LESSEE shall maintain the area surrounding the building located to the west of the attached fence located between the Police Station and the Field of Dreams in a clean condition, free of storage of materials, items or debris.

11. CITY maintenance and repair obligations
a. CITY, at its sole expense, shall be responsible for the maintenance of the roof and structural framework of the RESTROOM FACILITIES. b. CITY at its sole expense, shall maintain and repair exterior walls, signage, roof vent openings, gutters, downspouts, skylights, walkways and other exterior finishes, including but not limited to vandalism repairs and graffiti removal of the RESTROOM FACILITIES.
c. CITY shall be responsible for the maintenance of the utility lines and fire sprinkler system serving the building, including the sewage pump. 111. Utility expenses
a. CITY shall pay all electric utility charges for the building.

Agenda Item #6.4:

b. LESSEE shall pay all sanitary sewer use fees for the building. c. LESSEE shall be responsible for paying 75% of the water use fees billed to the building and CITY shall be responsible for paying 25% of the water use fees billed to the building.
1v. Damage or destruction of improvements. If during the term of this lease the RESTROOM FACILITIES is destroyed in whole or in part by fire, theft, the elements or other cause, neither the CITY nor the LESSEE shall be obligated to repair or restore the damaged or destroyed improvements. Failure by either party to repair or restore the damage or destroyed improvements, or any part thereof, shall not constitute a breach or default. If LESSEE chooses to repair or restore the restroom facilities, LESSEE shall adhere to the provisions of Sections 7, 8, 9, 10 and 11 of this lease. If neither party chooses to repair or restore the damaged or destroyed improvements, CITY shall have the obligation to clean the area of all debris and rubble so that the area within the leased premises is returned to a safe and sanitary condition.

17. Liability Insurance. All organized groups, including but not limited to, Little League, Babe Ruth, Pop Warner Football or American Soccer Organization who apply or reserve use of the Field of Dreams facility shall provide, to the City Clerk, at least five ( 5) days before the event, proof of insurance naming, the City of Sonoma as an insured, and. shall comply with all REMIF requirements, This insurance and compliance with REMIF, at a minimum, shall consist of .a comprehensive policy of public liability insurance issued by an insurance company or companies acceptable to the CITY, insuring both the organization as well as the CITY against loss and liability caused by or connected with the organization's use of the premises. The amount shall be initially not less than one million dollars ($1,000,000.00) for injury or death to one or more persons and two hundred fifty thousand dollars ($250,000.00) for damage to or destruction of any property of other persons. The coverage thus provided shall be primary insurance and in the event of loss, shall be exhausted before any other carrier may be called upon to share in such loss. The amount of insurance shall be reviewed and may be increased by order of the City Council as provided in paragraph 30. Additionally, LESSEE shall obtain and

Agenda Item #6.4:

keep in force Worker's Compensation Insurance as required by law during the entire period covered by this lease.

18. Notice of Cancellation of Insurance. Any organization reserving or utilizing the Field of Dreams shall keep on deposit with the CITY at all times certificates of required insurance, and every insurance policy required by this lease shall contain a provision that it may not be canceled for any reason on less than 30 days prior written notice to the City of Sonoma, In the event that insurance has been canceled or otherwise is unavailable, any group not insured operating under the auspices of LESSEE shall make no further use of the premises until such time as insurance and compliance with the terms of this lease has been obtained.

19. Indemnity. The City of Sonoma shall hold the LESSEE harmless from and against any and all claims for personal injury (including death) or property damage, except that the CITY shall not indemnify the LESSEE for any claims arising out of any conditions of the property attributable to the use of the premises by Sonoma Jazz Plus.

20. Condemnation by Eminent Domain. If the property or any part of it shall be condemned for public use by any agency having the power of eminent domain, the award made for such taking shall be divided between the parties according to their agreement and if they cannot agree, shall be apportioned by a court of competent jurisdiction according to the respective interests of the parties,

21. Restriction on Assignment or Subletting. LESSEE may not assign, sublet, or otherwise transfer this lease or any interest in it without the prior written consent of the CITY, and any attempt to so transfer in violation of this restriction shall be null and void.

This lease has been negotiated and entered into for the express purposes stated in its recitals and paragraphs on use (paragraphs 2 and 3) and no assignment for any other purpose or use shall be permitted. Any involuntary transfer of the LESSEE's interest, by operation of law or otherwise, shall be void at the option of the CITY and if voided, shall terminate this lease. Consent, by the CITY to one assignment shall not be deemed consent to any subsequent assignment. In addition to their legal meanings, "assignment"

Agenda Item #6.4:

or "subletting" shall be deemed to include any and every contract or agreement whereby management and control of the day to day operations of the LESSEE's business is entrusted to anyone or entity other than LESSEE personally.

22. Temporary Uses. LESSEE shall not permit other persons or organizations to utilize the premises contrary to paragraphs 2 and 3. However, short term uses in the nature of licenses, but not tenancies, may be permitted with the prior approval of the City Council. LESSEE may submit a list of types of such uses which, if approved, may thereafter occur without prior specific approval of the City Council provided that approval is gained from the City Managers office before such temporary uses by a licensee. The City Council ( or the City Manager after prior approval of the City Council) may condition such uses on such reasonable terms and conditions as it may deem appropriate.

23. Default and Termination. Upon breach and default as provided herein or according to California law, and in addition to any other remedy or remedies given under this lease or by law, CITY, at its option, may declare a forfeiture of this lease, and may thereupon, without further notice enter and retake the premises and remove all persons and goods therefrom.

LESSEE shall not commit waste, create a nuisance, use the premises in violation of law, assign or sublet this lease of the premises in violation of LESSEE's covenants herein, CITY may treat each and every covenant of LESSEE as a condition and each breach is a breach of condition. All covenants and agreements contained in this lease are declared to be conditions of this lease. The insolvency of the LESSEE, if such results in or threatens to result in violation of the covenants or conditions of this lease shall be considered a breach of this lease.

In addition to any other method of termination permitted under this lease or California law, either party may at any time by written twelve (12) month notice terminate this lease with or without cause.

Agenda Item #6.4:

24. Waiver of Breach. The waiver by either party of any breach of any provisions of this lease by the other party shall not constitute a continuing waiver or the waiver of any subsequent breach either of the same or of a different provision.

25. Remedies Cumulative. No remedy afforded the CITY for breach shall be exclusive, whether given by the terms for this lease or by law but shall be cumulative with and in addition to all remedies which at the date of this lease and hereafter are allowed by law and provided for in this lease.

26. Non-discrimination. In utilizing the premises, in operating improvements, including the restroom facility, upon the premises, in providing services to persons upon the premises and in any activity which utilizes in any manner of the premises, the LESSEE shall act at all times without discrimination against any person or persons on account of race or racial origin, physical condition, national origin, sex,.religious or political affiliation or otherwise in any manner contrary to law or public policy.

27. Attorneys Fees on Litigation. In any litigation commenced between the parties to this lease concerning the premises, or the interpretation of this lease, or for the enforcement of rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in additional to its other relief, to a reasonable sum for attorney's fees to be determined by the court in such litigation or in a separate action brought for that purpose.

28. Binding on Successors and Assigns. This lease is binding on and shall inure to the benefit of the successors an assigns of each party.

29. Monetary Consideration. LESSEE shall pay to the CITY during the second calendar quarter of each year, beginning in April 1, 1993, and thereafter until termination, the sum of one dollar ($1.00) in cash, in legal tender, to be presented to the City Council at open public meeting with written report on its operations to the preceding April 1st.

30. Review and Revision of Liability Insurance Coverage. With reference to paragraph 17 concerning liability insurance by LESSEE, the minimum coverages and

Agenda Item #6.4:

policy form specified in paragraph 17 are subject to review at the end of every two (2) year period this lease remains in effect. On such review, the City of Sonoma shall preliminarily determine whether it considers the coverage adequate in light of the value of money, the cost of coverage, the experience of the parties during the preceding two (2) years with respect to claims, actions, settlements, judgments and other matters relevant to the question of adequate insurance coverage. If the City of Sonoma determines that the coverage is not adequate, it shall specify the coverage requested, and the LESSEE shall continue to satisfy the requirements of paragraph 17 by procuring and filing proof of such additional coverage as requested by the CITY. If the LESSEE does not agree, the parties shall attempt to settle the question by negotiation and appropriate modification of paragraph 17. However, if the parties are unable to agree after hearing before the City Council, the decision of the City Council shall be final.

31. Rules and Regulations. CITY may from time to time promulgate such reasonable rules and regulations for the use of the premises as CITY may determine are appropriate.

32. Entry by CITY. CITY reserves the right to enter the premises including the restroom facility at any time, without notice, for the purposes of inspection and posting notices of nonresponsibility. CITY need not give notice of exercise of this right. Nothing herein shall affect the ability of the City of Sonoma to enforce all appropriate laws and ordinances with regard to the use of this property, which shall generally be deemed a public place subject to the limited controls permitted under this lease

33. Prohibitions of Certain Uses. Except as provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, no lights, fences, or permanent structures of any kind, except baseball backstops, shall be erected or permitted to exist on the premises unless first approved by the City Council.

34. Holding Over. Any holding over by LESSEE, after any term, extension, or renewal, with the consent of the CITY, shall be construed as a year to-year tenancy,

Agenda Item #6.4:

subject to all other terms and conditions of this lease, so far as applicable, except that any rental then reserved hereunder may be increased upon thirty (30) days notice in writing.

35. Notices. All notices to either party shall be in writing and shall be served upon the person being notified by personal service or by depositing such notice in the United States mail, certified, postage prepaid addressed to the party at the address given below, or by later notice:

CITY's address:

LESSEE' s address:

City Manager
City of Sonoma
#1 The Plaza
Sonoma, California 95476
Sonoma Valley Field of Dreams,
C./o C.�l!=t (\11,J).-&a.T\t,.I a California Co oration 'f.o. � q-z.c.,·
Sonoma, California 95476

36. Time is the essence of this lease,

37. Captions. The titles or headings to the various paragraphs are for convenience only and are not a part of this lease,
IN WITNESS WHEREOF, the parties have executed this lease by their officers duly authorized as of �\l-- \ 1..,2007.

CITY OF SONOMA, a municipal corporation,
CITY By:'1¼��
SONOMA VALLEY FIELD OF DREAMS, a
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Agenda Item #6.4:

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Agenda Item #6.4:

Field of Dreams Restrooms
Areas of Responsibility- Based on Draft Restated Lease Dated 1-23-07 Updated Januarv 24, 2007
ITEM
Initial Construction
Initial Building Construction Costs
Initial Grading and Site Drainage Improvements Around Building Utility Connection Fees
Maintenance
Exterior - Maintenance and repairs of Restroom/Kennel structure including:
• Structural building elements anq masonry
• Skylights
■ Roofing
■ Exterior caulking & sealants
■ Canopies and roof overhangs
■ Gutters & downspouts
■ Exterior flashing & sheet metal
■ Exterior siding and trim
■ Exterior doors, windows, screens and associated frames ■ Exterior graffiti removal and painting
■ Exterior signage
■ Exterior drinking fountains and hose bibs attciched to building ■ Exterior railings
• Exterior light fixtures.and electrical
■ Building water and electrical service laterals
■ Building sewer and sewage ejector system
■ Fire sprinkler system riser and building supply line
■ Fire sprinkler system, including fire sprinkler piping and heads located within the interior of the Restrooms.
■ Exterior ·louvers & vents
■ Exterior walkways.
• Maintenance of permanent fencing East of the Bike Path ■ Exterior vandalism.

City
✓
✓
✓
✓
Field of
Dreams
Agenda Item #6.4:

ITEM City Field of
Dreams
Interior -- Maintenance and Repair of Restrooms including:
■ Interior wall, floor and ceiling finishes, exposed trusses and trim ■ Door hardware and locking mechanisms
■ Interior flooring
■ Interior plumbing and plumbing fixtures,
•
Interior electrical ·fixtures, switches, lamps and branch circuit wiring . ■ Counter tops, cabi11ets, shelving and casework.
• Interior caulking & sealants ✓
■ Interior graffiti removal and painting
•
Interior specialties such as toilet partitions, mirrors, grab bars, paper dispensers, soap dispensers and other interior fixtures and accessories'. •
Interior signage
■ Interior water heater, equipment (if any).
■ Exterior light fixtures and electrical
• Interior vandalism to finishes and fixtures •
• Exterior site drainage
Ongoing Operational Items
Ongoing regular janitorial service. ✓
Restroom paper goods, cleaning supplies and other ongoing operational and maintenance ✓ supplies Trash and debris removal in restrooms and around Field of Dreams of side of building including ✓ regular trash pickup service.

Landscaping and irrigation around Restroom building (none currently proposed) ✓ Opening _and closing Restrooms (locking & unlocking) for Field of Dreams users and during City specified events (i.e. 41h of July, Jazz+, etc.) [Note that City is anticipating installing computer ✓ managed and programmable door locking mechanisms on the Field of Dreams Restroom entry doors for use by the Field of Dreams.]
Property Insurance ✓
Liability Insurance ✓ ✓
Water Usage Fees for the Restroom Building [Field of Dreams and City each pay their direct costs for water based on actual metered use.] ✓ ✓
Sewer Usage Fees for the Building ✓
Electrical Usage Fees for the Building ✓
All Other Utility Usage Fees for the Field of Dreams Site ✓ Property Taxes, If any. [The premises are currently exempt from property taxation since the property is being held for municipal purposes within the City of Sonoma. -EndAgenda Item #6.4:

FIRST AMENDMENT TO

RESTATED LEASE
THIS FIRST AMENDMENT TO RESTATED LEASE ("First Amendment"), dated as of [E , 2009 ("Effective Date"), is entered into between the CITY OF SONOMA, a California municipal corporation ("City" or "Lessor") and SONOMA VALLEY FIELD OF DREAMS, a California corporation ("Lessee").

RECITALS
A. Lessor and Lessee are parties to that certain Restated Lease entered into on April 17, 2007 ("Restated Lease") for that certain real property of approximately 665 feet by 730 feet located on First Street West as described in the Restated Lease ("Premises").

The Premises are being leased by Lessor to Lessee for the purposes described in the Restated Lease.

B. In 2005, Lessee caused the construction of certain storm drainage facilities on the Premises ("Improvements"). The Improvements are described in the official building permit records of the City, which records are incorporated herein and made a part hereof for the purpose of describing the location and extent of the Improvements.

C. Lessor and Lessee desire to enter into this First Amendment to provide for Lessor's acquisition and acceptance, and Lessee's ongoing operation and maintenance, of the Improvements.

AGREEMENT
NOW, THEREFORE, in considerationof the foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows:

1. Lessor's Acceptance of Improvements; Ownership. The City Public Works Department has determined that the installation of the Improvements was performed in accordance with the applicable City standards and guidelines. Lessor hereby accepts the Improvements installed on the Premises by the Lessee. The Improvements shall be considered part of the real property of the Premises and shall remain the property of Lessor in accordance with Section 12 of the Lease.

2. Payment by Lessor to Lessee for Acquisition of the Improvements.

Within thirty (30) days following the full execution of this First Amendment by the parties, Lessor shall pay Lessee the sum of thirty-three thousand dollars ($33,000) as full consideration for Lessor’s acquisition of the Improvements.

3. Operation and Maintenance of Improvements. Lessee shall be responsible for all ongoing operation and maintenance of Improvements during the term of the Lease. in accordance with Section 13 of the Restated Lease and as may otherwise may be directed by Lessor. Lessee shall be solely responsible for determining and effectuating compliance with local, state, and federal law concerning the maintenance of the l2()2442v3 21419/0005
Agenda Item #6.4:

Improvements, including but not limitedto, if applicable,state prevailing wage laws and regulations. City makes no representation as to the applicability or non-applicability of any of local, state, or federal prevailing wage laws or regulations to the maintenance of the Improvements or any part thereof. Lessee hereby expressly acknowledges and agrees that the City has not previously affirmatively represented to Lessee that maintenance of the Improvements is not a “public work,” as de?ned in California Labor Code Section 1720. Lessee shall indemnify, defend and hold harmlessthe City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, “increased costs" as that term is defined in California Labor Code Section 1781, court and litigation costs, fees of expert witnesses, and reasonable attorneys’ fees, which, in connection with the maintenanceof the Improvements, results or arises in any way from any noncompliance by Lessee of any applicable local, state, or federal law, including, without limitation, any applicable local, state, or federal prevailing wage law or regulation. It is agreed by the parties hereto that in connection with the maintenance of the Improvements Lessee shall bear all risks of the applicability of prevailing wage laws and regulations and compliance or noncompliance thereof. The foregoing indemnity shall survive the expiration or earlier termination of the Restated Lease as amended by this First Amendment.

4. Possessory Interest. Lessee acknowledges, agrees, and confirms, that Section 4 of the Restated Lease constitutednotice by Lessor to Lessee, pursuant to California Revenue & Taxation Code §l07.6, that Lessee°s leaseholdinterest may create a possessory interest that is subject to property taxation and that Lessee shall be responsible to pay any and all property taxes levied on such possessory interest.

5. No Relocation. Lessee, on behalf of itself and its successors and assigns, acknowledges, agrees, and con?rmsthat at the time Lessee entered into the Restated Lease that Lessee was a “post—acquisitiontenant with notice” pursuant to California law, including but not limited to Title 25 California Code of Regulations §6034(b), and that Lessee shall not be entitled to relocation benefits or assistancefrom City or from the Sonoma Community Development Agency upon expiration of the RestatedLease or upon the earlier termination of the Restated Lease for any reason. Lessee further, in acknowledgment of the foregoing, and in considerationof City’s payment set forth in Section 2 above, knowingly and expressly waives and relinquishes any and all claims to relocation benefits or assistance from City or from the Sonoma Community Development Agency under any law, including but not limited to California Government Code §7260 et seq. and Title 25 California Code of Regulations §6000 et seq., upon expiration of the Restated Lease or upon the earlier termination of the Restated Lease for any reason. The Sonoma Community Development Agency is an express third party beneficiary of this Section 5 with the right to enforce the terms of this Section 5 but with no obligations under the Restated Lease or this First Amendment.

6. Rati?cation. Except as amended hereby, the Restated Lease remains in full force and effect.
12024-l2v3 2l4 l 9/0005
Agenda Item #6.4:

7. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute a single document.

NOW THEREFORE, Lessor and Lessee have entered into this First Amendment as of the Effective Date.
' LESS()R LESSEE
CITY OF SONOMA, a municipal SONOMA VALLEY FIELD OFcorporation DREAMS, a California corporation By: 63 0'!’/1 V‘{2’c4\-
l202442v3 21419/0005
Agenda Item #6.4:

AGREEMENT
with

SONOMAVALLEYFIELDOF DREAMS
AthleticFieldMaintenance and Operations
FY2022—2023
THIS AGREEMENT made andentered intothis 2ndday of August 2022.by and between City ofsonoma ("CiTY")andSonoma Valley Fieldof Dreams.a non-profitentity, (hereinafter SVFOD)
RECITALS:

WHEREAS,since 1993, the CITYhas had a long-termlease agreement withthe SVFODfor the operation and maintenance of the City-owned playing fieldcomplex located to the north and west ofthe Police Station property locatedat 175 First St. West, Sonoma; and, WHEREAS,the SVFODprovides a valuable service to the Citythrough its effortsto maintain the turf areas and piayfieidsand to scheduleand manage their use forthe benefit of recreationalprogramsfor the community; and.

WHEREAS,the CITYdoes not directlyprovide recreation or community services and historicallyinthe Sonoma.there are key non-profitsthatprovidethese services and facilities; and.

WHEREAS,the CITYendeavors to structure long-term partnershipswithkey non—pi‘ofits, likeSVFOD,whichprovides core municipaltype recreationand community services;and, WHEREAS,the CityCouncilhas approved funding in the FY22/23 adopted budget that requires contracts withvarious community service providers;and WHEREAS,this approval includedauthorizationfor a one~yearOperations Agreement between the CITYand SVFODwith funding in the amount of $15,000; and WHEREAS,the SVFOD is willingand able to perform the services herein described.

NOW,THEREFORE,BE ITRESOLVED:

1. The SVFODwillprovide the followingrecreation and communityservices as a contractor to the CITY:
a. Operate and maintainthe Fieldof Dreamstun areas and playing fieldsforthe benefit of community recreationalleagues and programs;
1 Agenda Item #6.4:

b. Coordinate and schedule the playing fields for recreational league practice, games, and tournaments.
. The term of thisAgreement isfor one year. commencing July i. 2022, and ending on June 30, 2023.
. The funding inthe amount of $15,000 from the CITYto SVFODis based on the RECREATIONANDCOMMUNITYSERVICES PROGRAM Funding and PolicyGuidelines Funding Calculation approvedby CityCouncilon March 5, 2018. The Funding Calculation is based on 1.5% of designated General Fund Tax Revenue sources whichare specified as Property Tax-Secured, Property Tax-Unsecured, Property Tax-Supplemental,Property Tax~HOPTR,Property Tax-County Collection, ERAF(State Transfer), Sales/Use Tax, VLF Swap. Measure J-LocalSales Tax.TOT.Franchise Tax, Business License Tax and Property Transfer Tax. Ofthis amount.90% is available to fund contracted recreation and community services.
a. The City reserves the rightto determinewhether the payment shall be done annually. quarterly, or monthlyforthis agreement. For FY22/23, payments willbe made to SVFODon a monthly basis, at the rate of $1,250.00 per month.

FY22123
cm SPONSORSHIP!SERVICE

CONTRACT
$15,000—- Annual
$1,250 ~« Monthly
b. The CITYreserves the rightto decrease the amountof the above allocationbased on a recession orother economicfactors that reduces the C|TY’s revenuesor a decrease inCity operational expenses. Inthose instances where the CITYreduces SVFOD’s allocation,the CITYwillgive the SVFOD informalnotice at least 60 days and a formal notice at least 30 clays priorto the reductiontaking effect and reduce the allocationfor a period oftime and an amount of the C|TY's choosing. . In consideration,the SVFOD promises and agrees to the conditionsoutlinedin Attachment A. in addition.SVFODagrees to meet the minimuminsurance requirements as outline inAttachmentB. AttachmentsA and Bare incorporated by this reference. . SVFOD agrees to provide the City theirannual budget, includingsources and uses of funds.
. The SVFOD agrees to accountfor allfunding provided and to keep complete books and records thereof and to make available and to submitto audit by the CITYallsuch financial records upon the CITY'Srequest and withoutprior notice. . The SVFOD agrees to provide an annual report which should includethe following:
a. Financialoverview, including how the City funds were spent. b. What agencies/organizations utilizedthe fields, including contact informationfor each organization
c. Numberof individualsserved withinthe City of Sonoma, Sonoma Valley, and those from outside ofthe area.

Agenda Item #6.4:

8. d. AnnualFieldRentalRates
e. Any revenuederivedfromothersources includingsponsorships and events SVFODshallholdharmless,defendand indemnifythe City and its officers,officials, employees and volunteersfromand against any and all liability.loss, damage, expense, costs (includingwithoutlimitationcosts and fees of litigation)of every nature arising out of or in connectionwithSVFOD'sperformance hereunder or itsfailureto complywithany of its obligations containedinthis agreement, except such loss or damage whichwas caused by the sole negligence orwillfulmisconductofthe City,Duringthe termofthis agreement, SVFODshall maintainthe insurance policiesspecified inAttachment B, attached hereto, andincorporatedby thisreference, naming the CITYand its officers, officials,employees, and volunteers as additionalinsureds. Priorto the CITYmaking any ofthe payments specified inSection 3, above, evidence of said insurance, satisfactory to the CITY,shallbedeliveredto the CITYby SVFOD.

The SVFODshall complywithallapplicable federal, state, and local laws, rules, and regulations in regard to non—discrimination inemployment because of race, ancestry, color, sex, age, nationalorigin,religion,maritalstatus,medicalcondition,or disabilityand in regard to access to facilities, programs, and services by persons withdisabilities.

10. Except as above, neither party hereto shallassign, sublet, or transfer any interestin or ii.
duty underthis agreement withoutwrittenconsent ofthe other, and no assignment shall be of any force or effect whatsoever unless and untilthe other party shall have so consented.

Atany time and withoutcause, theCITYshall have the rightinitssole discretionto terminatethis agreement by givingwrittennoticeto the SVFODat least 60 days in advance of the dateoftermination. inthe eventofsuch termination,CITYshallpay the SVFODthemonthlyamountspecified,in Section 3 forservices renderedto such terminationdate butshallhave no obligation to pay any amount beyond the date of termination. The last months payment shallbe prorated to the terminationdate.

Notwithstanding the above language, this agreement shallterminate withoutadvance notice on June 30, 2024, unless extended by mutual, writtenagreement of the parties. a) At any time and withoutcause, SVFODshall have the rightin itssole discretionto terminatethisagreement by givingwrittennoticeto the CITYat least 60 days in advance ofthe date of termination. The last monthspaymentshallbe proratedto the terminationdate. Inthe eventofsuch termination, CITYshallpay the SVFODthe monthlyamountspecified inSection 3 forservices rendered to such terminationdate provided SVFODcontinuesto providethe services describedhereinand otherwise performs its obligations underthis Agreement, but the ClTYshall have noobligation to pay any amount beyond the date oftermination.

12. ifthe SVFODshould fall to perform any of its obligationshereunderwithinthe time and mannerhereinprovided,or otherwiseviolates any ofthe termsofthisagreement, there shallbe deductedfromany unpaid amount, the amount of damage, ifany, sustainedby the CITYby virtueof the breach of the Agreement by the SVFOD. Itis understoodby the parties that this remedy is not exclusive,and the ClTYreservesits rights to other remediesfor breachinboth law and equity.

Agenda Item #6.4:

13. The SVFOD covenants that it presently has no interest and shallnot acquire any interest, direct or indirectwhichwould conflictin any manner or degree withthe performance of its services hereunder. The SVFOD further covenants that inthe performance of this contract, no person having any such interest shall be employed.

14.in the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement orto establish the right or remedy of either party, the prevailing party shall be entitledto recoverreasonable attorney's fees and costs as a panofsLichactionor proceeding.

15. Nothing contained inthe agreement shall be construed to create ancithe parties do not intend to create any rights in third parties.

16. Notices and payment shall be hand delivered or mailedto the partiesat the following addresses:

CITYOF SONOMA SONOMAVALLEYFIELDOFDREAMS
Marty Herrick
Sue Casey, InterimCity Manager Board Treasurer
No. 1 The Plaza Sonoma Valley Fieldof Dreams
Sonoma CA95476 P.O. Box 2072
SonomaCA 95476

17.Nothing contained in this agreement or otherwiseshallbe construed as constituting a partnership orjoint venture betweenthe CITYand the SVFOD. The manner Inwhich SVFOD provides the services which SVFODagrees to perform hereundershallbe solely the responsibilityofthe SVFOD.

18. ThisAgreement represents the entire and integrated agreement between ClTYand SVFOD and supersedes all priornegotiations, representations, or agreements, either written or oral. This Agreement may be modifiedor amended only by a subsequent written agreement signed by both parties.

19.The laws of the State of Californiashall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of this Agreement.

20. Notwithstanding anything to the contrary stated in this Agreement, the CITYexpressly reservesthe right to exercise all authority under its police powers as wellas the authority and powers it possesses under the laws applicableto emergencies and declarations of emergencies, including but not limitedto the CaliforniaEmergency Services Act, Cal.

Gov’t Code sec. 8550 et seq., and Sonoma MunicipalCode Chapter. 2.36, and may so exercise said powers irrespective of the terms and conditionsofthis Agreement.

Agenda Item #6.4:

INWITNESSWHEREOF,the parties hereto have hereunto set their hands and the day and year first above written.

CITYOF SONOMA
InterimCity Manager. Suegay
t
£3/4/ZL
ATTEST: .

D

SONOMAVALLEYFIELDOF DREAMS
Boaro freasurer. ?artyHerrick azzegzz.

Date
Agenda Item #6.4:

ATTACHMENTA — ADDITIONALCONDITIONS
ACCESS ANDAFFORDABILITY~~ The SVFODshall endeavor to maintainthe accessibility and affordabilityof playiieldsfor recreationaluses by the Sonoma Valley community.

ANNUALREPORT«~ The SVFODshallprovidean annualwrittenand oralreport to City Councilin a formacceptable to the Cityto providesufficientinformationto trackthe accomplishment of the core services provided. The CITYmay providea morespecific deadline during the term ofthe contractifneedeci.

CITYUSE OF SPACE - The SVFODwillPtovldethe CITYwithuse of facilitiesfor City organization activitiesor C|TY~ sponsored communityspecial events. The CITYwillworkwith the SVFODto find dates/timesthat do notsignificantly impactthe SVFOD.Forsmall events (less than 200 participants)use ofthe facilitieswillbe providedwithoutcharge; for larger events, the SVFOD’sregular use fees willapply. For any CITYuse ofthe facilities,any additionalevent~relatedcosts (eg., set-up, equipmentrental,garbage service, clean-up) shall be paid by or reimbursedby the CITY.The SVFODshall not unreasonably withholdapproval forthe City to use the space.

EMERGENCYSUPPORT~ The SVFOD acknowledges the City's role as emergency operations leadforthe city and its provisionof mutualaid supportto Sonoma Valley. The CITY reserves the rightto request the SVFODfor assistance (shelter management, use ofspace, volunteers, etc.) ifa declarationof emergency is calledby the CITY. The City may enter intoa separate more specific emergency support contractIfdeemed necessary.

SPONSORSHIP-~ SVFOD recognizes that the CITYis a major financialsupporter through this contract and willprovidethe CITYwithpublicrecognitionthrough sponsorshipIdentificationand other means. The CITYwillprovidethe SVFOD witha copy of its logo for promotional purposes.

WEBSITE/ COMMUNICATION~ The CITYwillmaintaina "Recreationand Community Services"page on itswebsite to promote and recognize the relationshipoutlinedinthis contract.The CITYwilllinkto the SVFODto assist ininformationdisseminationto the public.

The SVFOD agrees to help the CITYpromoteandspread the wordabout key CITYnewsor opportunities. The CITYalso agrees to help communicateabout key recreationand service opportunitiesprovidedby the SVFODto the publicon an occasional basis.

COORDINATIONMEETINGS~ The SVFODagrees to participatein regular meetings withthe CITYand other key recreationalnon-profitsas requested to help coordinateand further enhance recreation and community serviceswithinthe community.

FUNDINGREDUCTIONSDUETO CITYECONOMICCONDITIONS-- ifthe financialcondition of the CITYnecessitatesfundingdecreases InCITYprograms,the City Councilshall consider the needs of allCITYdepartment programs, in lightofthe City Council'sprioritysetting guidelines, and the Recreationaland CommunityPrograms budget willbe consideredas one of these department programs. Thismeansthat the annualamountof a contributionwithina multi-year contractmay be reducedbased on Citybudget reductions. The Citywillprovidethe nonprofit withnoticeshould this occur.

CONTRACTPAYMENTS—~ The CITYreservesthe right to pay the SVFODina single installmentorin“draws"at itssole discretion.

Agenda Item #6.4:

ATTACHMENTB — INSURANCEREQUIREMENTS
Contractorshall procure and maintainforthe durationofthe contract insurance against claims for injuriesto persons or damages to property whichmay arise from or in connection withthe performance oftheworkhereunderand the resultsofthat workby the Contractor, his agents, representatives, employees, orsubcontractors.

MINIMUMSCOPE ANDLilVllTOF lNSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability(CGL):Insurance Services OfficeFormCG O001 covering CGL on an "occurrence"basis, includingproducts and completedoperations, Mopertydamage, bodilyinjury, and personal &advertising injurywithlimitsno lessthan $2,000,000 per occurrence.ifa general aggregate limitapplies, eitherthe general aggregate limitshallapply separately to this project/location(ISO CG 25 03 or 25 04) or the general aggregate limitshall be twicethe required occurrencelimit.

2. Automobile Liability: ISO Form NumberCA00 01 covering any auto (Code 1),or if Contractor has noownedautos,hired.(Code 8) and non~ownedautos(Code 9), withlimitno less than $1,000,000 per accident for bodilyinjuryand property damage.

3. Workers’ Compensation: as required by the State ofCalifornia,withStatutory Limits,and Employer's Liabilityinsurancewithlimitof no less than $1,000,000 per accident for bodily injury or disease.

Ifthe contractormaintains broader coverage andlor higher limitsthan the minimumsshown above, the Entity requires and shallbeentitledto the broadercoverage andlorthe higher limits maintainedby the contractor.Any available insurance proceeds inexcess of the specified minimumlimitsof insurance and coverage shallbe available to the Entity.

Other Insurance Provisions
The insurance policiesare to contain.or be endorsedto contain,the followingprovisions:

Additional Insured Status
The Entity,itsofficers,officials,employees, and volunteers are to be covered as additional insureds onthe CGLpolicywithrespect to liabilityarising out of work or operations performed by or on behalfof the Contractor includingmaterials, parts, or equipment furnished in connectionwithsuchwork or operations. Generalliabilitycoverage can be providedinthe form of an endorsement to the Contractor'sinsurance (at least as broad as ISOForm CG20 10 11 85 or ifnotavailable,through the additionof both CG 20 10, CG 20 26, CG 20 33, orCG 20 38; and CG 20 37 ifa later editionis used).

Primary Coverage
For any claimsrelated to this contract,the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 O413 as respects the Entity, its officers, officials, employees, and volunteers.Any insurance or self-insurancemaintainedby the Entity, its officers, officials,employees, or volunteersshallbe excess of the Contractors insuranceand shallnot contributewithit.

Agenda Item #6.4:

Notice of Cancellation
Each insurance policy required aboveshall provide that coverage shall not be canceled, except withnoticeto the Entity.

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

Self-InsuredRetentions
Se|f—lnsured retentions must be declared to and approved by the Entity. The Entity may require the Contractorto purchase coverage witha lowerretentionor provide proof of ability to pay losses and related investigations, claimadministration, and defense expenses withinthe retention.The policy language shall provide, or be endorsed toprovide.that the self-insured retention may be satisfied by eitherthe namedinsured or Entity.

Acceptability of Insurers
insurance is to be placed with insurers authorizedto conduct business inthe state witha currentA.M.Best‘srating of no less than A:Vl|. unless otherwiseacceptable to theEntity.

Claims Made Policies (note —- should be applicable only to professional liability.

Verification of Coverage
Contractor shall furnish the Entitywith original Certificates of insurance including all required amenclatory endorsements (or copies ofthe applicable policy language effecting coverage required by this clause) and a copy of the Declarationsand Endorsement Page ofthe CGL policy listing all policy endorsements to Entitybefore work begins. However, failureto obtain the required documents priorto the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the rightto require complete, certifiedcopies of all required insurance policies,incluclingendorsementsrequired by these specifications, at any time.

Special Risks or Circumstances
Entity reserves the right to modifythese requirements, includinglimits,based on the nature of the risk, priorexperience, insurer, coverage, or other specialcircumstances.

Agenda Item #6.4:

AGREEMENT

BY AND BETWEEN

SONOMA OVERNIGHT SUPPORT (SOS) AND THE

COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF SONOMA

TO PROVIDE MANAGEMENT SERVICES

FOR AN EMERGENCY SHELTER PROGRAM
This Agreement, dated 52’/g?sbyand between Sonoma Overnight Support (hereinafter referred to as "SOS") and the Community Development Agency of the City of Sonoma (hereinafter referred to as "AGENCY").

VVITNESSETH:

WHEREAS, under state redevelopment law, AGENCY is responsible for administering a low and moderate income housing ?md; and
WHEREAS, AGENCY has issued bonds and receives tax increment income which provide funding for the programs of the AGENCY; and
WHEREAS, AGENCY must utilize twenty percent (20%) of its tax increment revenues to improve and expand housing affordable to low to moderate income households; and WHEREAS, the AGENCY is desirous of initiating a program to provide temporary emergency shelter to assist low income families which have become homeless; and, WHEREAS, SOS proposes to manage a homeless program to provide interim housing for families in need of temporary shelter; and
NOW, THEREFORE, SOS and AGENCY, for and in consideration of the mutual promises and agreements herein contained do agree as follows:

The term of this Agreement shall begin on /P day of S if? 2005 and shall continue until a 90-day written notice of termination is issued; or upon the termination pursuant to provisions of cause stated within this agreement.

II. CORPORATION ORGANIZATION
SOS shall:

1. Provide AGENCY with copies of the following documents, evidencing ?ling with the appropriate governmental agency:

Agenda Item #6.4:

a) A copy of the current Bylaws of SOS;
b) Documentation of its Internal Revenue Service non-pro?t status; c) Names and addresses of the current Board of Directors of SOS. 2) lrnmediately report to AGENCY any changes, subsequent to the date of this Agreement, in SOS's Articles of Incorporation, Bylaws, Board of Directors, personnel policies and procedures, af?rrnative action plan, or tax exempt status. 3) Maintain no member of its Board of Directors as a paid employee, agent, independent contractor, or subcontractor under this Agreement.
4) Open to the public all meetings of its Board of Directors if and when required by California's open meetings laws, except meetings, or portions thereof, dealing with personnel or litigation matters or con?dential client information or as otherwise provided bylaw.
5) Keep minutes of all its regular and specialmeetings. 6) Comply with all provisions of California and Federal non-pro?t corporation laws.

III. AGENCY RESPONSIBILITIES
The AGENCY shall:
1) Provide SOS with an armual compensation of an amount not to exceed $15,000, to be paid in quarterly installments based on submitted receipts and other expenses documented by SOS, commencing from the date that the agreement is executed.

IV. PROGRAM PERFORMANCE
SOS shall:
1) Conduct the PROGRAM as set forth in Exhibit “A,” attached 2) Conduct interview and screening -procedures to ensure eligibility of Program applicants prior to assigning shelter and providing support services for qualifying low income families.
3) Notify AGENCY of any property damage or personal injury occurring in conjunction with the PROGRAM upon knowledge of such occurrence.
4) File quarterly reports with the AGENCY documenting the type and number of services rendered through the operation of the PROGRAM and describing the bene?ciaries of these services, which reports shall evaluate the manner in which the PROGRAM is achieving its

Agenda Item #6.4:

5)
objectives and goals. The progress reports shall be due ten days after the close of each reporting period and shall cover the three calendar months immediately preceding the date on which the report is filed.

Include an acknowledgment of AGENCY funding and support on all appropriate publicity and publications using words to the effect: "funded in Whole or part by the Community DevelopmentAgency of the City of Sonoma."
V. FISCAL RESPONSIBILITIES
SOS shall:
1)
3)
4)
5)
Document all PROGRAM revenues and costs and maintain adequate cost records.

Submit to the AGENCY monthly financial statements together with all supporting documentationlisting separate revenues and costs for the PROGRAM.

Certify current and continuous insurance coverage, subject to AGENCY approval and in accordance with requirements as outlined in SectionXV of this Agreement.

Provide to AGENCY, within 90 days, a copy of any audit and management letter (if any).

VI. RECORDS
SOS shall:
1)
2)
3)
Maintain complete and accurate records of all its transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records suf?cient to re?ect properly (a) all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perfonn this Agreement or to operate the PROGRAM, and (b) all other matters covered by this Agreement.

SOS shall preserve and make available its records until:
a) The expiration of ?ve years from the date of termination of this Agreement; or b) For such longer period, if any, as is required by applicable law; or c) If this Agreement is completely or partially terminated, the records relating to the work tenninated shall be preserved and made available for a period of ?ve years from the date of termination.

At any time during nonnal business hours, subject to applicable law, including landlord/tenant law) and as often as may be deemed necessary, SOS agrees that the

Agenda Item #6.4:

1)
2)
3)
AGENCY, and/or any duly authorized representatives may until expiration of (a) ?ve years from the date of termination of this Agreement, or (b) such longer period as may be described by applicable law, have access to and the right to examine its plants, of?ces and facilities used in the performance of this Agreement or the operation of the PROGRAM, and all its records with respect to the PROGRAM and all matters covered by this Agreement. SOS also agrees that AGENCY or any duly authorized representatives shall have the right to audit, examine, and make excerpts or transcriptions of and from such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this Agreement. SOS will be noti?ed in advance that an audit will be conducted. SOS will be required to respond to any audit ?ndings, and have the responses included in the ?nal audit report. The cost of any such audit will be borne by AGENCY.

VII. CONTRACT COMPLIANCE
Evaluation and monitoring of the PROGRAM performance shall be the mutual responsibility of both AGENCY and SOS. SOS shall ?rrnish all data, statements, records, information and reports necessary for AGENCY to monitor, review and evaluate the performance of the PROGRAM and its components. AGENCY shall have the right to request the services of an outside agent to assist in any such evaluation. Such services shall be paid for by AGENCY.

Upon receipt by AGENCY of any information that evidences a failure by SOS to comply with any provision of this Agreement, AGENCY shall have the right to require corrective action to enforce compliance with such provision. Areas of noncompliance include but are not limited to:
a) If SOS (with or without knowledge) shall have made any material misrepresentation of any nature with respect to any information or data furnished to AGENCY in connection with the PROGRAM.
b) If there is pending litigation with respect to the performance by SOS of any of its duties or obligations under this Agreement which may materially jeopardize or adverselyaffect the undertaking of or the carrying out of the PROGRAM. c) If SOS shall have taken any action pertaining to the PROGRAM which required AGENCY approval without having obtained such approval.
d) If SOS is in default under any provision of this Agreement. e) If SOS makes an improperuseof AGENCY funds or properties as described above. f) If SOS submits to AGENCY any report which is incorrect or incomplete in any material respect.
g) If SOS fails to meet the stated objectives in Exhibit "A" (PROGRAM ELEMENTS).

AGENCY in its absolute discretion and in lieu of immediately terminating this Agreement upon occurrence or discovery of noncompliance by SOS under this Agreement, shall have the right to give SOS notice of AGENCY'S intention to consider corrective action to

Agenda Item #6.4:

1)
2)
1)
2)
enforce compliance. Such notice shall indicate the nature of the non—complianceand the procedure whereby SOS shall have the opportunity to participate in formulating any corrective action recommendation. AGENCY shall have the right to require the presence of SOS's off1cer(s) at any hearing or meeting called for the purpose of considering corrective action. Thereafter, AGENCY shall forward to SOS speci?c corrective action recommendations; a timetable for corrective action shall be de?ned in the notice. In the event that SOS does not implement the corrective action recommendations in accordance with the corrective action timetable, AGENCY may suspend payments hereunder to terminate this Agreement.

VIII. PROGRAM COORDINATION
As of the date hereof, SOS has designated LEl“’7toserve as PROGRAM MANAGER and to assume overall responsibility for the progress and execution of this Agreement. The AGENCY shall be immediately notified in writing of the appointment of a new PROGRAM MANAGER.

All notices or other correspondence required or contemplated by this Agreement shall be sent to the parties at the following addressed:

AGENCY: Michael Fuson, Executive Director
City of Sonoma CDA
#1 the Plaza
Sonoma, CA 95476
SOS: Sy Lenz, President
Sonoma Overnight Support (SOS)
840 PrincetonDrive
Sonoma, CA 95476
All notices shall either be hand delivered or sent by United States mail, registered or certi?ed, postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or seventy—two (72) hours after deposit in the United States mail. AGENCY or SOS may change its address for the purpose of this Section by giving ?ve days written notice of such change to the other party in the manner provided in this Section.

IX. TERMINATION
In addition to the AGENCY's rightto terminate for cause set forth in this Agreement, either AGENCY or SOS may suspend or terminate this Agreement for any reason by giving ninety (90) days prior written notice to the other party. Upon receipt of such notice, performance of the services hereunderwill be immediatelydiscontinued.

Upon terminationof this Agreement, SOS shall:
a) Turn over to AGENCY immediately any and all copies of studies, reports, property

Agenda Item #6.4:

keys and other data or property, whether or not completed, prepared by SOS or its subcontractors, if any, solely in connection with this Agreement. Provided, however, the obligation to provide client information is subject to the limits provided by law.

Such materials shall become the property of the AGENCY. SOS, however, shall not be liable for AGENCY's use of incomplete materials or for AGENCY's use of completed documents if used for other than the services contemplated by this Agreement; and
b) Transfer to the AGENCY any AGENCY funds on hand and any accounts receivable attributable to the use of AGENCY funds. All assets acquired with AGENCY funds shall be returned to the AGENCY unless otherwise negotiated by separate agreement.
3) Upon notice of termination of this Agreement, SOS shall immediately provide AGENCY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the AGENCY funds granted to SOS pursuant to this Agreement.

X. INDEPENDENT CONTRACTOR
This is an Agreement by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between SOS and AGENCY. SOS including its officers, employees, agents or independent contractors or subcontractors, shall not have any claim under this Agreement or otherwise against AGENCY for any Social Security, Worker's Compensation, or employee bene?ts extended to employees of SOS.

XI. ASSIGNABILITY
1) This Agreement may not be assumed nor assigned to another CORPORATION, PERSON, PARTNERSHIP or any other entity withoutthe prior written approval of the AGENCY. 2) Work or services to be performed hereunder shall not be assigned, delegated or subcontracted to third parties without the prior written approval of AGENCY. Any third party that performs work or services shall be deemed to be employees of SOS, for purposes of this agreement and SOS shall be responsible for their performance and any liabilities attaching to their actions or omissions.

XII. COMPLIANCE WITH LAW
SOS and all its subcontractors, independent contractors, and employees, if any, shall become familiar with and comply with all applicable federal, state and local laws, ordinances, codes, regulations, orders, and statutes.

XIII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
Except as may be required by law, AGENCY and SOS agree to maintain the con?dentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this

Agenda Item #6.4:

Agreement or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agreement, and then only to persons having responsibilities under this Agreement, including those furnishing services under the PROGRAM through approved subcontracts.

XIV. HOLD HARMLESS AND INSURANCE
1) SOS shall indemnify, defend, and hold harmless the AGENCY and SONOMA VALLEY FIELD OF DREAMS and their of?cers, of?cials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the SOS, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except Where caused by the active negligence, sole negligence, or willful misconduct of the AGENCY. 2) Upon the effective date of this agreement, SOS shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by SOS, its agents, representatives, employees or subcontractors excluding Course of Construction insurance. Upon the effective date of a subcontract, SOS shall require that subcontractorsprocure and maintain for the duration of any subcontract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work described in the subcontract. a) Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer's Liability Insurance.
b) MinimumLimits of Insurance
SOS and/or any subcontractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, Insurance Services Office form number CA 0001 (ed. 1/87) covering

Agenda Item #6.4:

d)
Automobile Liability, code 1 (any auto).

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the AGENCY. At the option of the AGENCY, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the AGENCY, its of?cers, of?cials, employees and volunteers: or the SOS or subcontractor shall provide a ?nancial guarantee satisfactory to the AGENCY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The AGENCY, its officers, of?cials, employees, and Volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SOS or a subcontractor;and with respect to liability arising out of work or operations performed by or on behalf of the SOS including materials, parts or equipment ?lrnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to SOS's or a subcontractor's

2. l%S1ur23a1r11§Ie’<9lrai1ri1£s‘1 S?glaé,1l%i? Pt%1‘°t‘?e PROGRAM, the SOS's or subcontractor's insurance coverage shall be primary insurance as respects the AGENCY, its of?cers, of?cials, employees, and volunteers. Any insurance or self-insurance maintained by the AGENCY its officers, of?cials, employees, and volunteers shall be excess of the SOS's or subcontractor's insurance and shall not

3. E%‘él{“fll iirveilntcileltpolicy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days‘ prior written notice by certi?ed mail, return receipt requested, has been given to the AGENCY.

4. Course of Construction policies shall contain the following provisions; the AGENCY shall be named as loss payee and the insurer shall waive all rights of subrogation against the AGENCY.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Veri?cation of Coverage
SOS or subcontractor's shall fl11’l’liSl1the AGENCY with original certi?cates and amendatory endorsement effecting coverage required by this clause. The endorsements should be on forms provided by the AGENCY or on other than the AGENCY'S forms, provided those endorsements or policies conform to the

Agenda Item #6.4:

requirements. All certi?cates and endorsements are to be received and approved by the AGENCY before work commences. The AGENCY reserves the right to require complete, certi?ed copies of all required insurance policies, including endorsements affecting the coverage required by these speci?cations at any time.

XV. WAIVER OF RIGHTS AND REMEDIES
In no event shall any payment by AGENCY constitute or be construed to be a Waiver by AGENCY of any breach of the covenants or conditions of this Agreement or any default which may then exist on the part of SOS, and the making of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to AGENCY which respect to such breach or defaults. In no event shall payment to SOS by AGENCY in any way constitute a waiver by AGENCY of its rights to recover from SOS the amount of moneypaid to SOS on any item, which is not eligible for payment under the PROGRAM or this Agreement.

No act of omission by SOS of AGENCY; including speci?cally any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same, such waiver or release to be effected only through a written document executed by the AGENCY and then only to the extent speci?cally recited therein. A waiver or release with reference to any one event shall not be constructed as continuing, or as a bar to, or as a waiver of, any subsequent right, remedy or recourse as to a subsequent event.

XVI. AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto.

XVII. INTEGRATED DOCUMENT
This Agreement contains the entire Agreement between AGENCY and SOS with respect to the subject matter hereof. No written or oral Agreements with any of?cer, agent or employee of AGENCY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement.

XIII. INVALIDITY
In case any one or more of the provisions contained in this Agreement shall for any reasons be held to be invalid, illegal or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceableprovision(s) had never been included.

XIX. MISCELLANEOUS
1) The captions of this Agreement are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation,construction or meaning of the provisions of this Agreement.

Agenda Item #6.4:

2) All exhibits attached hereto and referred to in this Agreement are incorporated herein by this reference as if set forth fully herein.

IN WITNESS WHEREOF, the parties hereto have executed this instrumentor caused the Agreement to be executed by their duly authorized agents this /3 mi day of ?E‘£'%:7%'Z%@ 2005.

APPROVED AS TO FORM: THE COMMUNITY DEVELOPMENT

AGENCY OF THE CITY OF SONOMA
07/”43”
Tom Curry /Wars‘
City Attorney Executive Director and City Manager

SONOMA OVERNIGHT SUPPORT
By:Q};9;/2.,/W
Presi ent of Board
Date

Agenda Item #6.4:

Exhibit A

PROGRAM ELEMENTS

MANAGEMENT AND OPERATION OF

OVERNIGHT SHELTER AND PROVISION OF RELATED SERVICES
Sonoma Overnight Support (SOS) shall:
9° .\‘.°‘."‘:'>-

10. Prepare and distribute informational materials to explain the program.

Develop and implement client eligibility requirements,subject to the review and approval of the City Manager.

Conduct intake and evaluation procedures of all prospective clients to ensure that they meet the approved eligibility requirements for the services provided.

Provide emergency shelter to quali?ed clientsin licensed hotels and motels.

Provide client referrals to appropriate support services.

Provide referrals to other shelter facilities as necessary.

Adopt, post and enforce “Intake Rules” (e.g., no smoking, no drugs or alcohol, no pets, etc.). These rules shall be subject to the review andiapprovalof the City Manager.

Provide adequate staf?ng to support the program, including the provision of volunteers and their training.

Prepare and maintain written documentation on requests for emergency housing assistance and on emergency housing clients, including their origin, the basis of need, the length of stay, services provided, and the outcome of the services.

Operate the program in a manner that promotes the safety and well-being of the clients and that minimizes con?icts with neighboring uses.

The CommunityDevelopment Agency of the City of Sonoma shall:

1. 2.

Review and approve informationalmaterials.

Assist in the distribution of informationalmaterials and conduct of outreach activities.

Agenda Item #6.4:

AMENDMENT NO. 1 TO THE AGREEMENT BY AND BETWEEN SONOMA

OVERNIGHT SUPPORT AND THE COMMUNITY DEVELOPMENT AGENCY OF

THE CITY OF SONOMA (TO PROVIDE MANAGEMENT SERVICES FOR AN

EMERGENCY SHELTER PROGRAM
THIS AMENDMENT NO. 1 to the Agreement by and between Sonoma Overnight Support (“SOS”) and the Community Development Agency of the City of Sonoma to Provide Management Services for an Emergency Shelter Program ("AmendmentNo. 1”), is dated March 7, 2011 for reference purposes only (“Reference Date”). with respect to the following:

RECITALS:

A. SOS and the Agency entered into that certain Agreement by and between Sonoma Overnight Support (“SOS”) and the Community Development Agency of the City of Sonoma to Provide Management Services for an Emergency Shelter Program, dated December 13, 2005 (“Agreement”).

B. As part of its budget approval for Fiscal Year 2009-2010.the Agency increased its annual appropriation to SOS under the Agreement from $15,000 per year to $30,000 per year.

The Agency took that budget approval action for Fiscal Year 2010-2011 on October 21.2009.

C. The purpose of this Amendment No. 1 is to memorialize the amendment to the Agreement agreed to by SOS and the Agency. SOS and Agency agree the amendment was effected by the Agency’s adoption of its Fiscal Year 2009-2010 and effective as of on October

21. 2009, the date of that budget approval action.

AMENDMENT:

NOW, THEREFORE. in consideration of the foregoing Recitals which are incorporated herein. and for good and valuable consideration.the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:

Section 1. Section III of the Agreement is hereby amended in its entirety to read as follows:

The AGENCY shall:
1) Provide SOS with an annual compensation of an amount not to exceed $30,000, to be paid in quarterly installments based on submitted receipts and other expenses documented by SOS. commencing from the date that the agreement is executed.

Sgtion 2. Niogher Amendment.Except as set forth in Section 1 hereof, the Agreement shall remain in full force and effect.

Section 3. This Amendment No. I may be executed in any number of duplicate originals. all of which shall be of equal legal force and effect upon all of the parties hereto signing this Agreement.

Agenda Item #6.4:

IN WITNESS WHEREOF, the paities hereto have entered into this Amendment No. 1 as of October 2] , 2009, and executed this Amendment No. I it as of the Reference Date.

ATTEST:

Agency éecretary
APPROVED AS TO ORM:
“AGENCY”

SONOMA COMMUNITY DEVELOPMENT
AGENCY
a Kelly, E ecutive
“SOS”

SONOMA OVERNIGHT SUPPORT
Z8/M;~
S Lenz, President
Agenda Item #6.4:

Memorandum of Understanding (MOU) for
Safe Parking Program, as Amended
This Memorandum of Understanding (“MOU”) was originally made as of December 2, 2019 by and between the City of Sonoma (“City”) and Sonoma Overnight Support, Inc (“SOS”), was amended as of November 2, 2020 and is further amended as of the date signed below.

Whereas, a lack of affordable housing in the City and in Sonoma Valley results in a number of individuals and families living in their vehicles; and
Whereas, SOS and City are concerned with the safety, health and welfare of the community and Wishto safeguard private property and provide a safe and sanitary place for people to park their vehicles on a short-term basis while they transition to more permanent housing; and Whereas, in 2016 the City and SOS implementeda Pilot Safe Parking Program under an earlier MOU in effect ?om December 2016 to March 2017, which was terminated for lack of participation at the time; and
Whereas, in response to a larger number of individuals sleeping in vehicles in the Police Department Parking Lot and some neighborhood concerns, SOS developed and presented the City with a new proposal for SOS to operate a Safe Parking Program in such Police Department Parking Lot (the “Premises”) that would have a modified set of Rules and Guidelines,with close security monitoring, and be closely tied to eligibility for services at The Haven (SOS emergency shelter located at 151 First Street West, Sonoma); and
Whereas, City is willing to provide ten (10) parking spaces overnight on its parking lot next to The Haven, pursuant to an updated “Safe Parking Program” (the “Program”) under the management of SOS. SOS will support and oversee the overnight parking spaces, through a commitment of expertise, policies/procedures, staffing, and other resources at no cost to City.

In addition, at no cost to the City, SOS will provide a security guard to patrol the Premises at days and times set forth in this MOU (such days and times may be modi?ed in future if City and SOS mutually agree.)
Now, therefore, in consideration of the covenants and conditions contained herein, the City and SOS agree as follows:

1. Term: The term of this MOU shall commence on July 1, 2022 and continue until terminated by either party as described in this Section 1. During the term of this MOU, SOS agrees to actively seek a new location Where all of SOS’ services, including Safe Parking, can be co—locatedto more effectively and efficiently serve the clients most in need.

Either party may terminate this MOU for any reason upon 10 days advance written notice to the other party, such notice to include the reason for termination. Neither City nor SOS shall be liable to the other for damages or any other relief, legal or equitable, merely as a result of termination of this MOU pursuant to this Section 1. l | Page
Agenda Item #6.4:

Memorandum of Understanding (MOU) for
Safe Parking Program, as Amended
This Memorandum of Understanding (“MOU”) was originally made as of December 2, 2019 by and between the City of Sonoma (“City”) and Sonoma Overnight Support, Inc (“SOS”), was amended as of November 2, 2020 and is further amended as of the date signed below.

Whereas, a lack of affordable housing in the City and in Sonoma Valley results in a number of individuals and families living in their vehicles; and
Whereas, SOS and City are concerned with the safety, health and welfare of the community and wish to safeguard private property and provide a safe and sanitary place for people to park their vehicles on a short—termbasis while they transition to more permanent housing; and Whereas, in 2016 the City and SOS implementeda Pilot Safe Parking Program under an earlier MOU in effect from December 2016 to March 20 l 7, which was terminated for lack of participation at the time; and
Whereas, in response to a larger number of individuals sleeping in vehicles in the Police Department Parking Lot and some neighborhood concerns, SOS developed and presented the City with a new proposal for SOS to operate a Safe Parking Program in such Police Department Parking Lot (the “Premises”) that would have a modified set of Rules and Guidelines,with close security monitoring, and be closely tied to eligibility for services at The Haven (SOS emergency shelter located at 151 First Street West, Sonoma); and
Whereas, City is willing to provide ten (10) parking spaces overnight on its parking lot next to The Haven, pursuant to an updated “Safe Parking Program” (the “Program”) under the management of SOS. SOS will support and oversee the overnight parking spaces, through a commitment of expertise, policies/procedures, staffing, and other resources at no cost to City.

In addition, at no cost to the City, SOS will provide a security guard to patrol the Premises at days and times set forth in this MOU (such days and times may be modi?ed in future if City and SOS mutually agree.)
Now, therefore, in consideration of the covenants and conditions contained herein, the City and SOS agree as follows:

1. Term: The term of this MOU shall commence on July 1, 2022 and continue until terminated by either party as described in this Section 1. During the term of this MOU, SOS agrees to actively seek a new location where all of SOS’ services, including Safe Parking, can be co-located to more effectively and efficiently serve the clients most in need.

Either party may terminate this MOU for any reason upon 10 days advance written notice to the other party, such notice to include the reason for termination. Neither City nor SOS shall be liable to the other for damages or any other relief, legal or equitable, merely as a result of termination of this MOU pursuant to this Section 1. l | Page
Agenda Item #6.4:

2. Breach of Agreement: Notwithstanding the term set forth in Section l, if the City ?nds that the terms of the MOU have been substantially breached it may immediately terminate the MOU upon written notice to SOS documenting the breach of the agreement; provided that at SOS’ request, City shall meet with SOS to determine if SOS shall instead be allowed to cure the breach.

3. Use of Parking Lot: Subject to the terms set forth below, SOS may use up to ten (10) ‘V designated parking spaces (the “Designated Spaces”)between the hours of 10:00 p.1n. and 9:00 am. 7 days per week (“Safe Parking hours”) for overnight parking by “Participants” in this Safe Parking Program. Each weekday, (Monday through Friday), Participants and their household members may be allowedto remain to receive Haven day servicesbetween the hours of 10:00 a.m. and 3:00 p.m. when an SOS monitor is present allowing showers and laundry, but then must exit the parking lot until 10:00 p.m. SOS will provide adequate sanitation facilities for Participants as described in the Rules and Guidelines referred to in Section 5 below. Some evenings there may be events at the Field of Dreams near the Premises, and Participants will need to arrive at a later time. In that case, City shall notify SOS, who in turn shall notify the Participants to arrive at a later time. Participants must Vacate the Premises during Safe Parking hours if advised by SOS or City Police that the Premises are required to be used for community emergency services. During Safe Parking hours, Participants shall stay at the Designated Spaces only. The SOS placard referred to in Section 6 shall be displayed at all times during Safe Parking hours on a Participant’s vehicle in a clearly visible manner. SOS shall not authorizemore than ten (10) vehicles to park at the Premises. SOS staff and representativesmay enter the Premises as necessary for monitoring and enforcement activities. SOS and the City have agreed that the Designated Spaces will not be marked,in order to provide needed ?exibility; the placards referenced above and in Section 6 will ensure that vehicles other than those belonging to Participants are not allowed to use the Designated Spaces during Safe Parking hours.

4. Program Preference. Participantsshall be screenedby SOS with a preference for women, children, and seniors; and a geographical preference for City of Sonoma and Sonoma Valley residents.

5. Written Agreement with Users and Compliance with Rules Required: SOS shall only issue permitsto Participants with whom SOS has a written agreement to use the applicable Designated Space for overnight parking. Each potential Participant shall be evaluated in advance by the SOS Case Manager. The written agreement between SOS and each Participant shall, at a minimum,contain the Rules and Guidelines included as Appendix A to this MOU.

6. Authorized, Permitted Vehicles Only: SOS shall use reasonable efforts, including monitoring by a Security Company as provided in Section 8a, to ensure that only one vehicle owned by a Participant is parked in the Participant’s Designated Space during Safe Parking hours and that each Participant uses only that Participant’s Designated Space during Safe Parking hours (Participants are not allowed to use a space next to their Designated Space, or elsewhere on the Premises, for any of their belongings). SOS shall also supply each Participant who is authorized to use the Designated Space with a placard 2 | Page
Agenda Item #6.4:

to be displayed in the Participant’s vehicle window indicating that the Participant has a permit and is authorized to park overnight i11a Designated Space. City Police will direct anyone other than an approved Participantto leave the Premises during Safe Parking hours.

City has put up signage indicating that no one is allowed to park at the Premises overnight except with a permit. SOS staff, as necessary, will be provided permits allowing them to park at the Premises other than in Designated Spaces, to provide normal SOS services. . Removal of Vehicles: SOS shall use best reasonable efforts to ensure that Participants move their vehicles parked in a Designated Space after Safe Parking hours; provided, however, that Participants who are also SOS day clients may park their Vehicles at the Premises to use Haven day services as providedin Section 3. City acknowledges that SOS has no authority to have vehicles towed.
. Other SOS Responsibilities:
a. SOS will provide monitoring from a Security Company whose employees will be on the Premises from 3:00 p.m. to 1:00 a.m., to ensure that only permitted vehicles are parking in Designated Spaces during Program hours and that all users of the Program are complying with the Rules and Guidelines referred to in Section 5. Each Participant’s vehicle will be provided with a placard to be displayed in the back windshield of the vehicle as identification of participation in the SOS Safe Parking Program.
b. A case manager shall be assigned to the Program to perform the initial evaluation of Participantsand to work with Participantsto find alternative housing. c. SOS shall ensure that the Premises are maintained in a clean and orderly manner. d. SOS shall provide a sanitation facility in the back yard of the Haven for the use of Program Participants including their registered household members. This facility will have a sink inside and will be cleaned daily. The Haven’s backyard gate is locked at all times, so that entry to the area where the sanitation facility is located shall be limited to the front sidewalk of the Haven.
e. The Haven shallmaintain an alarm system with three cameras. One is on the front porch with a live stream view of the Designated Spaces, one is focused on the Haven’s back yard, and one is focused on the north side of the Haven next to the Field of Dreams.

The alarm system will also help ensure appropriatebehavior by Participants and others during Safe Parking hours.
f. SOS and the City police department have instituted a protocol whereby if SOS permanently exits a client ?‘om its day services, Winter Shelter or the Safe Parking program, SOS will notify the police, and if the police arrest an individual that they reasonably believe is a client of SOS, they will notify SOS. SOS will provide an updated list of vehiclesincluded in the Program to the police and the Security Company referenced in Section 8.a whenever a vehicle is added to or deleted from the Program. 3 | Page
Agenda Item #6.4:

9. 10.
ll.

12. 13.
l4.

15. SOS will also provide the daily report from the Security Company to the police when appropriate.

Program Evaluation: During the extension of this Safe Parking Program the City of Sonoma’s Homeless Task Force, City Staff and City police will conduct a review of the Program which will include meeting with stakeholders and neighbors of the Haven. The review participantswill provide a report on the Program to the City Council. The report will include a recommendation on timing and content of future reports including whether to continue the Program and for how long, and any recommended changes.

Indemni?cation: To the full extent allowed by law, SOS shall defend (with counsel acceptable to City), indemnify and hold harmless City and its officers, officials, agents and employees (collectively, Indernnitees) from and against any and all claims, demands, suits, actions, administrative proceedings, regulatory proceedings, civil penalties, ?nes, damages, costs, expenses (includingwithout limitationreasonable attorneys‘ fees and costs of litigation), judgments or liabilities (collectively, “Liability”), of every nature arising out of or in connection with the Safe Parking Program at the Premises, including without limitation death,personal injury or property damage caused by or suffered by a Participant and/or their household members on or adjacent to the Premises; except such Liability resulting from the sole negligence or willful misconduct of lndemnitees. SOS shall provide a “Certi?cate of Liability Insurance” naming City, its officers, officials, agents and employees as additional insureds, in form and content acceptable to City, prior to commencement of the Program at the Premises. Among other things, said insurance shall cover SOS’ indemnification obligations under this Section 10. The defense and indemnity obligations of this MOU are undertakenin addition to, and shall not be limited in any way, by SOS’s insurance obligations, and shall survive expiration or the earlier termination of this MOU. SOS shall notify City immediately in the event of any accident, damage or injury arising out of or in connection with the Program and/or performance under this MOU.

Compliance with Laws: SOS shallfully comply with all applicablelocal, state and federal laws, statutes, ordinances, rules and regulations relating to the Participants’ use of the Designated Spaces and Premises.

Condition of Property and Improvements: City makes no representations or warranties regarding the suitability of the Designated Space for overnight sleeping or regarding conditions of the improvementsin or on the Premises.

Alterations: SOS shall not alter or make improvements to the Designated Spaces, the parking lot, or any portion of the Premises without the express written approval of the City.

Governing Law: This MOU is governed by the laws of the State of California.

Whole Agreement: This MOU, including its recitals and Appendix A, constitutes the entire agreement between the partiesrelated to the use of the Premises and the Designated 4 IPage
Agenda Item #6.4:

16. 17.

18. l9.

20. 2l.

Spaces and supersedes all prior written and verbal agreements, representations, promises or understandings between the partiesrelated thereto.

Amendments: Any amendments to this MOU shall be in writing and executed by both parties.

Severability: If any provision of this MOU is held to be invalid or unenforceable with respect to any party, the remainder of this MOU or the application of such provision to persons other than those as to Whomit is held invalid or unenforceable, shall not be affected and each provision of this MOU shall be valid and enforceable to the fullest extent permittedby law.

No Waiver: The waiver by either party of any term, covenant, agreement or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition contained in this MOU.

Authority of Signatories. The signatoriesto this MOU represent and Warrant that they are authorized to sign this MOU on behalf of, and thereby to bind, the parties for whom they are signing.

Notices. Any notices required to be given pursuant to this MOU shall be in writing and may be delivered personally, by U.S. mail, facsimile or email, to the addresses below or such other addresses as a party may subsequentlyprovide:
a. To City: City of Sonoma
l, The Plaza
Sonoma, CA 95476
Attention: City Manager
Fax: (707) 938-2559
Email: [email protected]
b. To SOS: Sonoma Overnight Support
PO. Box 748
Sonoma, CA 95476
Attention: Executive Director
Fax: (707) 938-7960
Email: Kathv777l<ing(cDgmail.com
Personal delivery shall be effective immediately. Certified or registered mail,return receipt requested,shall be deemed delivered on receipt if delivery is confirmed by a return receipt.

Facsimile and email delivery shall be deemed delivered on transmittal,absent a message to sender indicating a failure of delivery.

No Third-Party Bene?ciaries. The parties hereto do not intend to create, and nothing in this MOU shall be construed to create, any benefit or right in any third party. 5 | Page
Agenda Item #6.4:

22. Parties Not Co-Venturers. Nothing in this MOU is intended to or shall establish the parties hereto as partners, co-venturers, or principaland agent with one another.

IN WITNESS WHEREOF, City and SOS have executed this MOU as of the last date set forth below. .

City of Sonoma
Date: *7/2},‘[2-“L
Sonoma Overnight Support
Date: ' 22“
6| l’:|§_'u
Agenda Item #6.4:

l.

APPENDIX A to
Memorandum of Understanding (MOU)
for Safe Parking Program

SONOMA OVERNIGHT SUPPORT
Safe Parking Rules and Guidelines
Participants will be screened and selected by SOS with a preference for women, children, and seniors; and with a geographical preference for City of Sonoma and Sonoma Valley residents.

Written agreement with participants and compliancewith SOS rules is required.

Each participant and his/her household members registered with SOS for the Safe Parking Program will be checked against the statewide Megan’s Law database and any person found on such database will be disquali?ed from the Program.

The Safe Parking written agreement between SOS and each participant will contain the following milesand requirements:

3. The Safe Parking program will be located at the City of Sonoma Police Department parking lot (also known as the “Premises”). Safe Parking hours are daily from 10:00 pm to 9:00 am. However, participants must vacate the parking lot during Safe Parking hours if advised by SOS or City Police that the parking lot is required to be used for community emergency services. In addition, there may be some evening events at the Field of Dreams in which case participants will be noti?ed they need to arrive at a specified later time.

Each participant and his/herhouseholdmembers must register with the SOS case manager and provide copies of a valid CA Driver’s License and vehicle registration for their vehicle. All vehicles must be operableat all times. Participants are not allowed to perform any vehicle repairs or other work on their vehicles (or any other vehicles) in the parking lot.

Each vehicle may only be occupiedby registered participants and their household members and pets. Guests are prohibited.

All pets must be registered with Sonoma County and have up to date vaccinations.

Each vehicle will be assigned a Safe Parking spot that will either be in front of the Haven or in the middle area of the parking lot. No Safe Parking spaces will be allowed next to the Field of Dreams.
7 | Page
Agenda Item #6.4:

f. Each participant must use only that pa1ticipant’sDesignated Space during Safe Parking hours. Participants are not allowed to use a space next to their Designated Space, or elsewhere on the premises,for any of their belongings.

Iiil
i
i
g. No RVs or any vehicle that has self—containedliving quarters (a bed and a kitchen) will be allowed.
h. No alcohol or illicit drugs will be allowed in the vehicle or consumed on the Premises.
i. No smoking or Vaping is permittedoutside on the Premises. Smoking and/or Vaping are only permitted inside a closed Vehicle.
j. Cooking or food preparation is prohibited on the Premises. k. Littering is prohibited. All trash must be properly disposed in the SOS receptacles, not in the parking lot dumpster.
l. _ Participants and their household members must exclusively use the SOS sanitation facilities (porta-potty provided by SOS).

In. No music may be played that is audible in the surrounding area or that is so loud as to disturb other participantsor the neighbors.
n. Participantsmust comply with all applicablelocal,state, and federal laws,rules and regulations and any other rules as outlined by SOS.
o. Peaceful behavior must be maintained at all times. Weapons, violence, and/or threats are not permitted and will be cause for permanent dismissal from the program and from all SOS services.
p. Loitering is prohibited. Safe Parking participants and their household members may remain to receive Haven day servicesfrom 10:00 a.m. until 3:00 p.1n. on weekdays when an SOS monitor is present allowing showers and laundry but must then leave the parking lot until 10:00 pm (when Safe Parking hours begin).

SOS will exit anyone who fails to complywith any of these guidelines and rules and give them a “pink slip”. The pink slip will be for overnight or for 24 hours at SOS’ discretion.

If the violation has to do with substance abuse, the participant and household members will be tested as a condition of their re—entry to the Safe Parking program and must not test positive for alcohol or illicit diugs. Any second failure to comply with any of these guidelines and rules will result in immediate termination and expulsion from the Safe t‘ Parking program and all other SOS services.

SOS will provide monitoring from a Security Company whose employees will be on the Premises between 3:00 p.m. and 1:00 am. City police will also monitor the parking area 8 | Page
Agenda Item #6.4:

. Participants acknowledge that SOS and the City police department have instituted a to ensure that only Participants’ vehicles are parked there. Each Participant’s vehicle will be provided with a placard to be displayed in the back windshield of the vehicle as identi?cation of participation in the SOS Safe Parking Program. protocol whereby if SOS permanently exits a client from its day services,Winter Shelter or the Safe Parking program, SOS will notify the police, and if the police airest an individual that they reasonably believe is a client of SOS, they will notify SOS. SOS will provide an updated list of vehicles included in the Program to the police and the Security Company referenced i11Section 6 above whenever a vehicle is added to or deleted from the Program. SOS will also provide the daily report from the Security Company to the police when appropriate.
9 | Page
Agenda Item #6.4:

Preparedb mm‘\:»m,
Agenda Item #6.4:

SONOMA

OVERNIGHT

SUPPORT
Agenda Item #6.4:

Total clients Served
January - December 2022
Directly Served
Indirect Impact
(including members
of household)
Agenda Item #6.4:

Food Program clients
January - December 2022
Directly Served
Indirect Impact
(including members
of household)
Agenda Item #6.4:

clients Served
December 2022
153
Unique
Individuals Served
Agenda Item #6.4:

Janua?g~€B@m?nber2Q@2
:50 _ %
V . T . M i ,y ,MM:.A %
A
_
Agenda Item #6.4:

Other
Ethnicity
January - December 2022
18 Clients
Caucasian _ Hispanic/Latino
490/0 248 Clients 219 Cllents 430/0
26 Clients
Agenda Item #6.4:

llnhousecl clients
Janualfy - December 2022
Yes
41°/o
176Clients
No 234 Clients
55°/o
16 Clients
Unknown] Declinedto Answer‘
4%
Agenda Item #6.4:

UnhouisedCliiennts Living Innicar
Jannuary - DeLcemnbe1r~ 2:022: ‘
71 Clients
j1T\‘-IE0* 96 Clients
55% A
Unknown] Declined to Answer
5%
Agenda Item #6.4:

oooo MA .u?é ovlanmol-I1-
sssss Il'I'
Food Program
Agenda Item #6.4:

Breakfast Served Total : 23,184
January - December 2022
2, 500 »~——~—— —— —————~— —~—~~~ 3 we v—~w—~—— ~~~———— ——~——~~—~~—~~—~— ——~~~—~——~~e—~-e— 3 ~ ~ 2,000 ~~~~ ~— vvvvvv ——~
1,500
1,000 1962
*2 19672 2184
2 2004
‘ 2039
V" 1968" 1774
7‘ 2138
’ 1946
i 1873 1913
500
Agenda Item #6.4:

Lunch Served Total : 32,141
January - December 2022
4,000 ———~—~—A~—~~~——~~~——e -7 —~ 4» 5-
3,000
2,000 ~ ~ ~ ~ — -5 ~ ~ 5- —
2992 2483 2899 2702 2524 2495 2451 3040 2460 2528 2657 2916 1,000
Agenda Item #6.4:

Delivered Meals Total : 5,216
January - December 2022
———— —A — —-»—— ~~-—-~- — ——-»~— — ———» — r—r———~— — W — my 4, W —. V m—.,—_.~—~_,_ __—._Aw.,_". _V,_, . V _ , .,.., ,._ ,, _-,... ,, , . . . ,_ ._
500
Agenda Item #6.4:

January - December 2022
5 Breakfast I Lunch - Delivery
6,000 3520*~"—*“*"~-~'—5*521,--”-—"-**W-~“—"“---“'- ----“W**f5592—~*0~——~W~*"~-W“W--*---AA**~~~~ 5382“ 5°88 5°42 4941 4845 5011 4589 4820 4793 4,000
2,000
0 , _. - . ,, , . ¢% ¢% av é> 4 Q9 ~$ é’ 6’ av 0' é’
’\ Q9’ $99, $0 90
Agenda Item #6.4:

eeeeeeeeeeeeeeeee 22
Total Meals

61.141
Agenda Item #6.4:

oooo MA .?é OVERNIGHT
ppppp RT
Services
Agenda Item #6.4:

Showers Total : 141
January - December 2022
......«~....~.- WW NW7. .~.n.mr-.._...-... . M.-. .. - - W >>*' . - _,_,,,..,.., .,w,.._. . _, ,,,. _..,.,
75 (W W, "W. W, ,,,,_m ,_ ‘‘’‘V* M. ’*’*>'*/*44 N- _,, ,, ,, 50 —~ ~ T
25 Agenda Item #6.4:

Agenda Item #6.4:

case Management
January - December 2022
(Including in-person and
phone appointments)
Agenda Item #6.4:

In-Kind Food Donations
January - December 2022
S26,169.60 S12,746.57 S20,158.06 S14,609.80 S19,244.85 S21,740.00 July October November December
S26,608.40 S26,608.40 S27,488.33 S21,720.40 S19,332.72
Total: $ 250,058.23
Agenda Item #6.4:

In-Kind Food Donations
January - December 2022
S30,000 *———————~~~» » ~~~~~——————~~~~~~~-~w ~~ ~~~~~~~~~~ ~—- S20,000
$ 10,000
Agenda Item #6.4:

In-Kind Non-Food Donations
January - December 2022
Total : $ 22,604.95
Agenda Item #6.4:

In-Kind Non-Food Donations
January - December 2022
$ 2,500
Agenda Item #6.4:

Agenda Item #6.4:

Preparedb xmum % q
Agenda Item #6.4:

Agenda Item #6.4:

OVERNIGHT Clients Served 3 :23:

January — April 2023
542
Total
Directly Served , Estimated
Individuals
Indirect Impact
(including members Served
of household)
Agenda Item #6.4:

"-P sonoimn
Clients V
January‘ — April 20:23
Homeless
35%
85 Clients
161 Clients
H.ou,s~ed
65°/o
Agenda Item #6.4:

Clients Living in Car 3
January — April 2023
Homeless Living in Car
39 Clients 46%
Homeless Living Elsewhere
540/0 46 Clients
Agenda Item #6.4:

Food Program Clients
April 2023
Unique Individuals
Served
Agenda Item #6.4:

Agenda Item #6.4:

SOHOMA

OVERNIGHT
SUPPORT Breakfast Totals
April 2023

1.978
Total
Breakfast
50 Agenda Item #6.4:

SONOMA

OVERNIGHT
SUPPORT Lunch Totals
April 2023
250
T 2,936
Total
150
100
50 0
0&0) \”°’g) 0&0) \’vr9) \’>°&) 0%,’) We)Org)\’v°&) \”°$)WW“) 0&5Own) \”°q?) \”r9)Own) V?)\”V&) 9°’ »~\”‘»>°’9”»: »>”‘’»?9* »>“v\”°°»>”“w?x; ?x »>”“\"’ Agenda Item #6.4:

5,230
Total Meals
(Includes Breakfast, Lunch and Delivered Meals)
Agenda Item #6.4:

SOHOMA
\ OVERNIGHT
SUPPORT Food Program Meals
January — April 2023
5,000
2,500
January February March April
Agenda Item #6.4:

Agenda Item #6.4:

Showers
January - April 202
355
Total Showers
Agenda Item #6.4:

Laundry
January - April 2023
111
Total Laundry
Agenda Item #6.4:

Case Management
January - April 2023
102 Total
(Includes Phone and
In-Person Appointments)
Agenda Item #6.4:

.5 :.::::r2..,
In-Kind Donations 3
January — April 2023
$15,375.41
20,000 ~ 5 5
»~ ~--~~~5—~—5w#~———5~—5~
15,000 ~— ~~~
‘°’°°° $19,935.56 $19,563.65 $22,293.82
5,000
January February March April
Agenda Item #6.4:

Active Programs (Updated 03/23)
# Program Name Category Description Active? Start date
Active?: Active
1 Food Program Food Breakfast and Lunch available Monday through Friday 9am-1pm at the Grange Hall
On average 110 breakfast a day
On average 170 lunches a day
280 plus per day
Active 8/12/2019
2 Food Delivery Food Partnership with Vintage House requesting Food Delivery Shir Shalom has taken over, delivering on average to 22 homes every Tuesday and Thursday. 50 meals a day.

Active 6/1/2021
3 Case Management SOS Case Mana… Frank McEuin, SOS case manager, meets with clients to help them with everything from IDs, to drivers licenses, car repairs, Client Fund, SNAP, etc. Also inputs clients into HMIS and coordinated entry.

Active 10/1/2021
4 Case Management
(SVCHC)
Case Mana… Run through the community health center -- Tom at the Springs Hall who can connect people to COTS or LG Village and provide access to healthcare
Active 1/1/2020
5 Safe Parking Safe Parking Provides a safe place to park overnight for homeless people who have a car.

Up to 10 spaces in the parking lot
Hours: 10pm-9am
Can stay in the parking lot while SOS provides services -- 9am - 1pm Must vacate lot from 1pm-10pm
Paying for security guard ($9,000/ month)
Active 8/1/2018
Agenda Item #6.4:

# Program Name Category Description Active? Start date
6 Emergency Shelter /
Hotel
Shelter In times of especially challenging weather including heavy rain, hotel vouchers may be provided at staff discretion. Up to 2 nights.

Weather dependent / must be an emergency
Vetted by case manager & SOS Staff
If the demand for hotel rooms exceeds 10 bed nights and $2,000.00, the Executive Director shall consult the Executive Committee to determine whether to provide additional hotel vouchers, which shall be for emergency stays only.

Active
7 Los Guilicos Shelter Will Gayowski helps with placement at LG Village. On 6 weeks leave starting March 8th. New person coming in soon.
15 huts
Active 3/1/2020
8 Stimulus Checks &
Taxes
Services In partnership with Jack Ding, Nathalia helps with doing taxes and getting stimulus checks to those who need them.

Active 3/1/2021
9 Citizenship Classes Services Wednesday evenings February through May Put on by Sonoma Immigrant Service
Vicki Handron - SOS Board Member
(707)996-6669
Meeting through zoom to answer questions, study and prepare for the citizenship test.

Active 1/1/2021
10 Partnerships Services FISH & La Luz -- for rent assistance and security deposits in Sonoma Valley
Meals on Wheels --
Active
Agenda Item #6.4:

# Program Name Category Description Active? Start date
11 Client Fund Services Purchasing necessary items for clients (includes car batteries, blankets, long-distance bus tickets, phone bills [pay for the phone itself], gas cards). Done through Shannel who gets final approval from Kathy.

Active 3/1/2020
12 Hygiene Items Services Free hygiene items including: feminine hygiene products, socks, tshirts, razors, hand warmers, gloves, hats, sleeping bags. Run by Thaddeus at the Springs Hall and Joe at the Haven
Active
13 Bon Marché Vouchers Services Free clothing vouchers to the Bon Marché (Anna owns the Bon Marché). Only to be given to known clients (those that have been there more than once) and are only to be used for clothing.

Card Limit - 2x a month. 1st and 15th of the month.

Lost cards? - no problem. Just come back to SOS and we'll send them a receipt.

If SOS is closed, Bon Marché is always open to them.

Active 1/1/2019
14 Bus Passes Services Free bus passes available to all. Priority given to those living in LG village, medical appointments, county affairs, government buildings for general assistance.

Active
15 Showers & Laundry Services 10am - 3pm, 5 days a week at the Haven. Supervised by Thaddeus.

Usually 1-2 loads of laundry, 15 minute showers.

Active 1/1/2019
16 Vaccination Clinic Services Partnership with Sonoma Valley Community Health Center + Sonoma Valley Hospital. Original COVID shots, boosters and flu shots Active 3/1/2021
Agenda Item #6.4:

# Program Name Category Description Active? Start date
17 Haircuts Services Bebe Davis has been giving haircuts once a month since 2017. Happen once every 3-4 months
Active 1/1/2017
18 Mail Services Clients who don't have an address can use our address for mail P.O Box 748 Sonoma, CA 95476
Active
19 Sonoma Valley
Community Health
Center
Services Fred is our point person.

Dentistry, Mental Health, OBGYN, Family Practice, Nutritionist, Vaccinations (including flu shots), Pediatrics, Chiropractic, Health Insurance Assistance, Pharmacy, Urology, Pain Specialists, Podiatrist Active
20 Secret Santa Services Sonoma County’s Secret Santa is a nonprofit gift-giving program, providing gifts and holiday cheer to those less fortunate in our community
Managed by Constance Grizzle
Active 11/10/2021
21 Pet Help Services Partnership with Pet's Lifeline – providing cat and dog food approximately every 3 weeks
We have a pet food pantry with dog and cat food available, and quite a bit of surplus donated pet supplies we can give out. Our spay and neuter clinic is free and happens once a month for cats and small dogs (under 25 pounds) and also includes microchipping and vaccinations if needed.

People can also call at (707) 996-4577 ext 101
Active 3/29/2022
22 Warming Station (HAS) Services HAS has opened up a warming station under extreme weather conditions. Opened every day from 2pm to 10am which offer bathrooms, snacks, TV and game room. SOS provides meals 5 days a week. Total meals – 1,370
Active 12/28/2022
Agenda Item #6.4:

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Agenda Item #6.4:

Agenda Item #6.4:

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Agenda Item #6.4:

Agenda Item #6.4:

Agenda Item #6.4:

IN WITNESS WHEREOF, the City and Chamber have executed this Agreement as of the date first above written.

CITY OF SONOMA SONOMA VALLEY VISITORS CHAMBER
By:

Garrett Toy, City Manager

CITY OF SONOMA
By:

Mark Bodenhamer, Executive Director
Federal Tax Identification Number or
Social Security Number
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By: /tf0t 11� ,
Title
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Professional Services Agreemenl 12
265014.2
Agenda Item #6.4:

City Council:

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

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, May 17, 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, Council Member Farrar-Rivas

REPORT ON CLOSED SESSION
There was no closed session held.

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

1. COMMENTS FROM THE PUBLIC
Fred Allebach, Dave Ransom, and Tarney Ballenger provided public comments.

2. MEETING DEDICATIONS
None.

3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Ding attended a grand opening for the Chinese Railroad Workers Center on May 10, 2023.

Council Member Farrar-Rivas attended a Sonoma County Transportation Authority and Regional Climate Protection Authority meeting on May 8, 2023.

Council Member Wellander attended the Parks, Recreation, and Open Space Commission meeting on May 16, 2023. Council Member Wellander also reminded everyone that the City will be getting new trash receptacles.

Mayor Lowe attended the Mayors and Councilmembers meeting in Rohnert Park. She also shared that the Mayor of Greve in Chianti, Italy, one of the City of Sonoma’s Sister Cities, visited Sonoma a few weeks ago. The City also held a reception on May 10, 2023, introducing the new City Manager – David Guhin.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin announced that there will be a budget session scheduled for May 30, 2023, starting at noon in the Emergency Operations Center of the Police Station. City Manager Guhin also reported that the final interviews for the Community Development Director will be held on Friday, May 19, 2023. Additionally, there is a free community swim day held at the Aquatic Center on May 20, 2023, to recognize National Learn to Swim Day.

5. CITY ATTORNEY COMMENTS
None.

6. PRESENTATIONS
Item 6.1: Proclamation Proclaiming May 2023 as "Bike to Work Month" and May 18, 2023, as "Bike to Work Day"
Public Comment: Tarney Ballenger
Item 6.2: Proclamation Proclaiming May 27, 2023, as Solomon Schocken Day in the City of Sonoma In Honor of Business and Civic Leader Solomon Schocken Public Comment: Patricia Cullinan, Steve Steiner and Fred Allebach Item 6.3: Proclamation in Honor of Asian American and Pacific Islander Heritage Month - May 2023
Agenda Item #7.2:

Public Comment: Patricia Cullinan
Item 6.4: Proclamation Proclaiming the Week of May 21-27, 2023, as Public Works Week in the City of Sonoma
Item 6.5: Proclamation in Honor and Gratitude to Interim City Manager Mark Linder for his Dedicated Service to the City of Sonoma (David Guhin, City Manager) Public Comment: Robert Demler and Fred Allebach
Item 6.6: Part Five of Six Reports: Receive and Discuss Annual Report From City of Sonoma Community Services Provider: Sebastiani Theatre Foundation (Lisa Janson, Senior Management Analyst)

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Farrar-Rivas, seconded by Vice Mayor Gurney, to approve the Consent Calendar with Item 7.6 being pulled for separate consideration. Motion carried unanimously.

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 Meetings of April 19, 2023 and May 3, 2023 (Rebekah Barr, MMC, City Clerk)
Action: April 19, 2023, and May 3, 2023, minutes were received.

Item 7.3: Accept the Expenditure Report for the Month of April 2023 (David Guhin, City Manager)
Action: Expenditure report was accepted.

Item 7.4: Adopt a Resolution Authorizing the City Manager to Execute a Contract with Sertior for the Preparation of an Environmental Analysis and Compliance Documents Pursuant to the California Environmental Quality Act (CEQA) for the Montaldo Apartments Housing Project (Kristina Tierney, Associate Planner) Action: Adopted as Resolution 34-2023.

Item 7.5: Adopt an Ordinance Amending Sonoma Municipal Code Title 2 (Administration and Personnel), Chapter 2.60 (Design Review and Historic Preservation Commission); Title 14, Section 14.32.070 (Review Requirements and Procedures); Title 19, Chapter 19.52 (Applications: Filing and Processing), Chapter 19.54 (Planning Permit Approval or Disapproval), and Chapter 19.88 (Public Hearings) to Streamline the Design Review Process, and Finding the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines (Kristina Tierney, Associate Planner)
Action: Adopted as Ordinance 05-2023.

Item 7.6: Adopt a Resolution Authorizing the City Manager to 1) Grant Bid Relief to Valentine Corporation and Allow the Apparent Low Bidder to Withdraw Their Bid Without Monetary Penalties and 2) Execute an Agreement with Granite Construction Company for the Construction of the Chase Street Replacement Bridge Project, Federal Project No. CML-5114(016) (Project), In the Amount of $2,871,557.10. (Michael Berger, Public Works Director/City Engineer)
Action: Item was pulled for separate consideration. Adopted as Resolution 33- 2023.

Motion by Council Member Ding, seconded by Council Member Wellander, to Adopt a Resolution Authorizing the City Manager to 1) Grant Bid Relief to Valentine Corporation and Allow the Apparent Low Bidder to Withdraw Their Bid Without Monetary Penalties and 2) Execute an Agreement with Granite Construction Company for the Construction of the Chase Street Replacement Bridge Project, Federal Project No. CML-5114(016) (Project), In the Amount of $2,871,557.10. Motion carried unanimously.

8. PUBLIC HEARING
Item 8.1: Discussion, Consideration, and Take Possible Action to Adopt 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 and Community Services Director) Action: Adopted as Resolution 35-2023.

Open Public Hearing: 8:06 pm
Public Comments: Carol Marcus, Donna Dambach, Kaitlyn Cornwall, Joe Walsh, and Michael Woods
Agenda Item #7.2:

Closed Public Hearing: 8:20 pm
Motion by Vice Mayor Gurney, seconded by Council Member Wellander, to Adopt 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). Motion carried 4-1, with Council Member Ding, Council Member Wellander, Vice Mayor Gurney and Mayor Lowe voting YES, and Council Member Farrar-Rivas voting NO.

Mayor Lowe called for a recess at 8:42 pm; Council reconvened at 8:49 pm.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Discussion, Consideration, and Take Possible Action to Adopt a Resolution Authorizing the City Manager to Execute a Contract with De Novo Planning Group to Provide Consulting Services to the City to Prepare an Updated General Plan and Environmental Impact Report (EIR) for an Amount Not to Exceed $591,690 and Finding that the Action to Award the Contract is Not a Project Subject to the California Environmental Quality Act. (Kristina Tierney, Associate Planner) Action: Adopted as Resolution 36-2023.

Public Comment: Caitlyn Cornwall, Fred Allebach and Trevor Smith Motion by Council Member Ding, seconded by Council Member Farrar-Rivas, to Adopt a Resolution Authorizing the City Manager to Execute a Contract with De Novo Planning Group to Provide Consulting Services to the City to Prepare an Updated General Plan and Environmental Impact Report (EIR) for an Amount Not to Exceed $591,690, and Finding that the Action to Award the Contract is Not a Project Subject to the California Environmental Quality Act. Motion carried 4- 1, with Council Member Ding, Council Member Farrar-Rivas, Vice Mayor Gurney and Mayor Lowe voting YES, and Council Member Wellander voting NO.

10. ADJOURNMENT
Mayor Lowe adjourned the meeting at 9:34 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 June 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Jun 2023
Department
Administration
Staff Contact
David Guhin, City Manager
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute an Agreement Certifying the City's Continued Participation and Involvement in the Urban County Joint Powers Agreement (JPA) for Housing and Community Development Especially as it Relates to the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Entitlement Programs for 2024-2026 Summary
Every three years, the County of Sonoma, the Town of Windsor, and the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, and Sonoma have the opportunity to qualify, once again, as an "Urban County" designated by the Department of Housing and Urban Development (HUD). This designation allows these agencies to receive an annual allocation of federal funding for Community Development Block Grants (CDBG), Emergency Solutions Grants (ESG), and HOME funding, making them an "entitlement jurisdiction." The intention to remain an urban county consisting of eight jurisdictions from 2024 to 2026 needs to be communicated to HUD, following the process and timeline specified by HUD.

The CDBG Entitlement Program provides annual grants based on a formula to entitled cities and counties. These grants aim to develop livable urban communities by providing adequate housing, a suitable living environment, and expanding economic opportunities, primarily for individuals with low to moderate incomes. HUD awards these grants to entitlement community grantees to support various community development activities such as neighborhood revitalization, economic development, and improved community facilities and services.

To receive funding directly from HUD as an entitlement jurisdiction, a city must have a population of at least 50,000. However, as a small city, Sonoma has traditionally collaborated with other cities under the 50,000 population threshold and Sonoma County for CDBG and HOME efforts. The smaller cities will once again join Sonoma County in this partnership for the years 2024-26.

The attached letter from Sonoma County provides further details about the program and the agreement.

Recommended Council Action
Adopt a resolution authorizing the city manager to execute an agreement certifying the City's continued participation and involvement in the Urban County Joint Powers Agreement (JPA) for Housing and Community Development especially as it relates to the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Entitlement Programs for 2024-2026.

Alternative Actions
Agenda Item #7.3:

If the City Council decides not to renew its agreement with the JPA, the City will be required to seek grants from the Small Cities or State CDBG and HOME programs throughout the 2024- 2026 urban county agreement period. Consequently, the City's funding for its programs in general may be reduced as it would likely receive only formula allocation under the ESG and HOME Programs.

Financial Impact
By approving the resolution, the City ensures its eligibility to receive funds from the JPA for various community development projects aimed at neighborhood revitalization, economic growth, and enhanced community facilities and services.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
JPA Housing & Community Development Resolution 2023
Housing & Community Development JPA Letter 2023
2017 JPA Housing & Community Development
Alignment with Council Goals:

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 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CERTIFYING THE CITY’S CONTINUED

PARTICIPATION AND INVOLVEMENT IN THE URBAN COUNTY JOINT POWERS

AGREEMENT (JPA) FOR HOUSING AND COMMUNITY DEVELOPMENT ESPECIALLY AS

IT RELATES TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME

INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) ENTITLEMENT PROGRAMS FOR 2024-2026
WHEREAS, every three years, the County of Sonoma, the Town of Windsor, and the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, and Sonoma have an opportunity to re-qualify as a HUD-designated “Urban County; and
WHEREAS, re-qualification as a HUD-designated “Urban County” entitles the JPA to continue to receive an annual allocation of federal CDBG, ESG, and HOME funding as a so-called “entitlement jurisdiction”; and
WHEREAS, it is time to communicate to HUD the City’s intentions to remain a member of an urban county (of eight jurisdictions) for 2024 through and including 2026; and WHEREAS, the current urban county cooperation agreement, in the form of a Joint Powers Agreement (JPA) executed in 2017, will automatically be renewed unless the City chooses to terminate the agreement and not participate during the 2024-2026 qualification period.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sonoma, State of California, as follows:
1) The City Manager is authorized to certify to the County its continued participation and Involvement in the Urban County Joint Powers Authority (JPA) for Housing and Community Development especially as it relates to the in the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) Entitlement Programs for 2024-2026.

PASSED AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council, on this 7th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

Sonoma County Community Development Commission
Sonoma County Housing Authority
1440 Guerneville Road, Santa Rosa, CA 95403-4107
Telephone (707) 565-7500
FAX (707) 565-7583 ● TDD (707) 565-7555
Members of the
Commission
Chris Coursey
Chair
David Rabbitt
Vice Chair
Susan Gorin
Lynda Hopkins
James Gore
Michelle M. Whitman
Executive Director
May 3, 2023
Mark Linder, Interim City Manager
City of Sonoma
Number One The Plaza, Sonoma, CA 95476
Re: Urban County Joint Powers Agreement Renewal for Participation in the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Entitlement Programs for the Period of 2024-2026.

Dear Mr. Linder:

The U.S. Department of Housing and Urban Development (HUD) requires that the “Urban County”, the entitlement entity for federal CDBG, HOME, and ESG grants, re-qualify every three years to continue receiving an annual allocation of these grants. This is the opportunity for each jurisdiction that makes up the “Urban County” to inform HUD of its intention to continue participating in the Joint Powers Agreement(JPA). The Urban County entitlement jurisdiction is currently comprised of the County of Sonoma, the Town of Windsor and the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, and Sonoma. It is time to communicate to HUD our intentions to remain an Urban County of eight jurisdictions for years 2024 through, and including, 2026. HUD specifies the process and timeline associated with the renewal process, and the Sonoma County Community Development Commission (Commission) manages the process on behalf of Sonoma County and the Urban County.

Pursuant to HUD regulations that govern the qualification process for Urban County status, Sonoma County, as the funding administrator, is required to notify each participating city and town of the following:

1. The County of Sonoma, Town of Windsor, and cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Sebastopol, and Sonoma must re-qualify as an Urban County, for the period of 2024-2026 during the current fiscal year.

2. Your jurisdiction is automatically included as part of the Urban County, unless you choose to be excluded.

3. The Urban County cooperation agreement, in the form of a JPA executed in 2017, will automatically be renewed unless you choose to terminate the agreement and not participate during the 2024-2026 qualification period.

Agenda Item #7.3:

4. If you choose to remain as part of the Urban County, your jurisdiction may continue to participate in the CDBG, HOME, and ESG programs as a grant beneficiary.

5. If you choose to remain as part of the Urban County, your jurisdiction will be ineligible to apply for grants from appropriations under the Small Cities or State CDBG, HOME, and ESG programs for the duration of the 2024-2026 Urban County agreement. Your jurisdiction may only receive formula allocations for CDBG, HOME, and ESG through the Urban County.

6. If you choose to be excluded from the Urban County, or if you choose to terminate the Urban County JPA and not participate during the 2024-2026 qualification period, you must notify both the Commission and HUD Field Office by letter no later than July 7th, 2023.

A copy of the current JPA is enclosed for your reference. Please note that failure to respond by the date noted above shall be considered as agreement to continue participation in the Urban County JPA.

As a means to document intent to remain an eight-jurisdiction Urban County for 2024-2026, and thereby exercising the automatic three-year renewal feature in the existing JPA, we ask that you please sign the certification below and return this document to the Commission at your earliest convenience.

The Commission will need this document for submission to HUDto conclude the renewal process.

If you have any questions regarding this matter, please contact Valerie Johnson, Community Development Associate, at (707) 565-7514 or via email at [email protected].

We thank you for your attention and cooperation in this matter.

Sincerely,
Rhonda Coffman
Community Development Director
enclosures: Joint Powers Agreement
Agenda Item #7.3:

INTENT TO RENEW JOINT POWERS AGREEMENT
I certify that the City of Sonoma intends to remain a participant in the Joint Powers Agreement (JPA) enabling the eight-jurisdiction Urban County to continue to participate in the federal Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs as an entitlement jurisdiction and that the City of Sonoma has been made aware of the option to exit the JPA and elects to remain a participating jurisdiction for the 2024-2026 renewal cycle. Furthermore, as requested by HUD, I certify that the execution of the original 2017 JPA was performed by the duly authorized CityManager at that time. _______________________________
Insert Name, Town/City Manager
Date: _______________________________
Agenda Item #7.3:

JOINT POWERS AGREEMENT FOR

HOUSINGAND COMMUNITY DEVELOPMENT
TI-IIS AGREEMENT, dated for convenience as cl’August I, 2017, by and betweenthe COUNTY OF SONOIVIA,a politicalsubdivision StateoI’California,hereinafter referred to as “COUNTY,” and the incorporated town of WINDSOR and cities ofCLO\/ERDALE, COTATI, HEALDSBURG, ROHNERT PARK, SEBASTOPOL, and SONOMA, all being municipal corporations ol’the State ol’CaIil’ornia,and located within the boundaries ofthe COUNTY, hereinafter referred to as “MUNICIPALITIES”:

W I T N E S S E T H :

WHEREAS, the COUNTY and the MUNICIPALITIES desire to engage in housing and community developmentactivities as authorized under the Housing and Community Development Act of 1974, as amended, the HOME Investment PartnershipAct, and the HEARTH Act of 2009, including any future legislation authorizing such activities, (hereinafter the “ACTS”) and other federal, state, and local housing and community developmentprograms; and
WHEREAS, the COUNTY and the MUNICIPALITIES are publicagencies under the provisions ol’Section 6500 ofthe Government Code ofthe State of California, and each is authorized by law to enter intojoint powers agreements; and WHEREAS, the COUNTY and the MUNICIPALITIES are individuallyauthorized by law to engage in housing and communitydevelopmentactivitiesunder said ACTS; and WHEREAS, the US Department of Housing and Urban Development (hereinat’ter “HUD”) recommends the expenditureol’funds for such purposes on a County—widebasis; and Agenda Item #7.3:

Joint Powers Agreement for Housing andCommunity Development(20l7)

WIIIEREAS,the COUNTY and the MUNICIPALITIES do hereby lind and determine that it is in the best interest of the residentsofthe COUNTY and the MUNICIPALITIES that housing and community developmentactivities be performedjointly in accordance with the provisionsofthis AGREEMENT; and
WI-IEREAS, it is mutually bene?cial to each ol’the parties hereto for the COUNTY to administerand execute the provisions of this AGREEIVIENTin accordancewith the terms and conditions hereinafter provided;and
WHEREAS, this AGREEMENT shall cover the Community Development Block Grant (CDBG) program, Emergency Solutions Grants (ESG) program, and HOME Investment Partnership (HOME) program.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Essential Activities
The Parties agree to cooperate to undertake, or assist in undertaking, community renewal and lower~incomehousing assistance activities, speci?cally urban renewal and publicly assisted housing.

2. Authority to Carry Out Activities
The COUNTY is designated as an “Urban County,” as de?ned in 24 CPR 570.3(3). As such, the COUNTY is hereby designated as the sponsoring agency to administer and implement the plan and program for housing and community development activities for each ofthe participatingpartiesto this AGREBIVIENTin accordancewith the provisionsof the ACTS and the terms and conditionsprovided herein.The manner in which such activities are implemented shall be mutually determined by the COUNTY and the bene?ting party or parties.

Agenda Item #7.3:

Joint Powers Agreement for Housing,and CommunityDevelopment (2017)

The COUNTY shall have the authority to carry out activitieswhich will be funded from annual Community DevelopmentBlock Grants (CDBG), Emergency Solutions Grants (ESG), and HOME Program Grants (HOME) for federal fiscal years 2018, 20 I9, and 2020 appropriations,and from any program income generated from the expenditure of such funds.The COUNTY shall have linal responsibility for selecting CDBG, ESG, and HOME activitiesand submitting the Consolidated Plan to HUD, including annual updates ofthe action plan and certi?cations.’

3. Consolidated Plan
It is understoodthat in order to qualify for funds under the ACTS, it is necessary that 2:

Consolidated Plan, including annual updates ofthe action plan andcertifications, and all application requirements be fulfilled and submittedto and approved by HUD. Each party agrees to be bound by the Assurances and Certifications, attached as Attachment “A,” required to be given by the COUNTY as part ofthe application to I-IUD for the Urban County entitlementof CDBG, ESG, and HOME funding and which are incorporatedinto this AGREEMENT by this reference.
4-. ExcessiveForce Policy
The COUNTY and each of the MUNICIPALITIES has adoptedand is enforcing:
a. A policy prohibitingthe use ofexcessive force by law enforcement agencies within itsjurisdiction against any individualsengaged in non-violent civil rights demonstrations; and
b. A policy ofenforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject ofsuch non—violentcivil rights demonstrations within itsjurisdiction.

Agenda Item #7.3:

Joint Powers Agreement Forl-Iousing,and Community Development(2017)

5. Program Itiggrne
a. Each MUNICIPALITY must inform the COUNTY ofany income generatedby the expenditure OFCDBG or ESG funds received by the MUNICIPALITY. b. Any such program income must be paid to the COUNTY.
e. The COUNTY has the responsibilityfor monitoring and reporting to I-IUDon the use ofany suchprogram income.
d. Program income paid by a MUNICIPALITY to the COUNTY shall be used for additional CDBG- or ESG—eligibleactivitiesas stipulated in the federal funding policiesadopted by the Sonoma County Board of Supervisors and amended from time to time. e. In the event ofclose—outor change in status ofa participatingMUNICIPALITY, any program incomethat is on hand or received subsequent to the close—outor change in status shall be paid to the COUNTY.

6. Real Property Standards
The following standards shall apply to real property acquired or improved in wholeor in part using CDBG, 1386, or HOME funds that is within control of any ofthe participating MUNICIPALITIES:
a. Each MUNICIPALITYmust provide timely notificationto the COUNTY ofany modification or change in the use ofthe real property from that plannedat the time of acquisition or improvement,including disposition.
b. Each MUNICIPALITY must reimbursethe COUNTY in an amount equal to the current fair market value (less any portion thereofattributable to expenditure ol’non-CDBG, nonESG and/or non-HOME funds) of property acquiredor improvedwith CDBG, ESG and/or Agenda Item #7.3:

Joint Powers Agreement for Housing and Community Development (2()l7)

HOME Fundsthat is sold or translerred for a use whichdoes not qt.1aliF}/ under the CDBG and/or HOME regulations.
c. Program income generated from the dispositionor transfer of property withinany of the MUNICIPALITIES shall be treated in the manner specilieclin paragraph 5, Program Income, above.

7. Compliance with Sections 1041b) and 109 ol’Title I of the Housing and Community Development Act
The COUNTY and the MUNICIPALITIES shall take all actions necessary to assure compliance with the COUNTY’s certi?cation requiredby Section 10403)of Title I of the Housing and Community Development Act of I974, as amended, regarding Title VI ol‘the Civil Rights Act of I964, the Fair Housing Act, and affirmatively furthering fair housing.

The COUNTY and the MUNICIPALITIES shall comply with Section I09 oFTitle I of the Housing and Community Development Act of I974, which incorporates Section 504 ofthe Rehabilitation Act of I973 and the Age Discrimination Act of 1975.

The COUNTY and the MUNICIPALITIESshall comply with other applicablelaws.

Urban County funding is prohibited for activities in or in support of any MUNICIPALITY that does not af?rtnatively further fair housing within its own jurisdiction or impedesthe COUNTY’s actionsto comply with its fair housing certification.

8. Prohibition on Tracieor Transfer of Funds
Neither the COUNTY nor any MUNICIPALITY may sell, trade, or otherwise transt'erall or any portion OICDBG, ESG, and/or I-IOME Fundsto anothersuch/metropolitan city, Urban County, unit oi’general local government, Indian tribe, or insular area that directly or indirectly receives CDBG, ESG, and/or HOME l’undsin exchange for any other Funds,credits or nonAgenda Item #7.3:

Joint Powers Agreement for Housing and Community Development (20l7)

federal considerationsand will restrict use ofthese funds for activities eligible under Title I of Housing and Community DevelopmentAct cl’ 1974, as amended.

9. Certi?cation of Intent to ContinueParticipation
The COUNTY and the MUNICPALITIEScertify that each party, individually and collectively, intends to remain a participant in this AGREEMENT enabling the eiglit-jurisdiction Urban County to continue to participate in the federal CDBG, ESG, and HOME programs as an entitlementjurisdiction for the 2018»-2020 and all subsequent renewal cycles.

10. Fiscal Responsibility
In the event that any cooperatingjurisdictiondoes not comply with all federal prerequisitesin order for I'imdsto be expended within its area, then suchjurisdiction’s funds shall be expendedwithin all or any portionof the area served by the other parties who qualify under the provisionsofthe ACTS. In all cases there shall be strict accountabilityof all kinds and reports ofall receipts and disbursements. Upon termination ofthis AGREEMENT, any unused funds shall be returned to the Sonoma County Community Development Commission. The Executive Director of the Sonoma County Community Development Commission shall serve as fiscal of?cer underthis AGREEMENT and his/her bond shall be extended to cover the obligations under Government Code Section 6505.l.
l l. WrittenAgreement
Pursuant to 24 CFR 570.50l(b), each MUNICIPALITY is subject to the same requirements applicableto subreeipients,including the written agreement as described in 24 CFR 570.503.

Before disbursing any CDBG, ESG, and/or HOME Fundsto any MUNICIPALITY, the COUNTY shall prepare a written agreement in accordance with federal regulations describedin i
ll
i
s
I
i
5 x
Agenda Item #7.3:

Joint Powers Agreement for Housing andConununity Development (20 I7)

24 CFR 570.503 and execute such agreement with the MUNICIPALITY. The agreement shall remain in effect during any period that the subrecipient has control over CDBG, ESG, and/or HOME funds, including program income.

I2. AuditR_e_quirements
Each MUNICIPALITY shall comply with the audit requirements ofthe Of?ce of Management and Budget, OMB Circular A~l33, “Audits of States, Local Governments, and Non—I’rotitOrganizations” and shall provide a copy ofall required auditsto the COUNTY.

All requiredaudits shall include a supplementary schedule showing all revenues and expendituresofCDBG, ESG, and I-IOMEfunds for the year and shall meet the requirementsof Government Code Section 6505.

I3. Eligibility for Other Federal Funds
By executing this AGREEMENT, all MUNICIPALITIES understandthat they:
a. May not apply for grants underthe Small Cities or State CDBG Programs for fiscal years during the period in which the MUNICIPALITY is participating in the Urban County CDBG program;
I3. May receive a formula allocation under the ESG program only through the Urban County; and
I
c. May not participatein 21HOME consortiumor receive a formula allocationunder the HOME Program except through the Urban County, regardless of whether the COUNTY receives a HOME formulaallocation.

14. Term of Agreement
This AGREEMENT shall be in effect for the 2018-2020 Urban County quali?cation periodand all other future quali?cation periods.This AGREEMENT shall take effect upon its Agenda Item #7.3:

Joint Powers Agreement for Housing, and Community Development (2017)

execution by the authorized representatives of each ofthe parties and shall be a continuing AGREEMENT by automaticrenewalfor each successivequali?cation period.Any party may, by resolutionof its governing body, withdrawfrom this AGREEMENT, but such withdrawal may not take effect after‘the deadline Forsubmission ofcooperation agreements to HUD for any three~year quali?cation periodand until such time as all CDBG, ESG, and HOME funds and income receivedwith respect to the three—yearquali?cation period or successive quali?cation periods are expended and the funded activities completed. Withdrawalshall take effect only at the end ofthe third program year ofa three—yearquali?cation period or successive quali?cation period and in accordance with the date speci?ed in HUD’s Urban County Quali?cationNotice for the successivequali?cation period.The COUNTY will notify the MUNICIPALITIES in writingoftheir right to elect not to participatein a successivequalifying period by the date speci?ed in HUD’s Urban County Quali?cationNotice for the successivequali?cation period.

The COUNTY will forwarcla copy ofits notice to I-IUD.

Failure by any party to adopt an amendment to this AGREEMENT incorporating all changes necessary to meet the requirementsfor cooperation agreements set Forthin the Urban County Quali?cationNotice applicablefora subsequent three—year Urban County quali?cation period,and to submit the amendmentto HUD as providedin the Urban County Quali?cation Notice, will void the automatic renewal ofthe quali?cation period.

This AGREEMENT shall remain in effect until the CDBG, ESG, and/or HOME funds and program income received(with respect to activities carried out during the 2018-2020 quali?cation period and any successivequali?cationperiods) are expended and the funded activities completed, and that neither the COUNTY nor the MUNICIPALITIES can terminate or withdrawfrom this AGREEMENT while it remainsin effect.

Agenda Item #7.3:

Joint Powers Agreement for Housing and Community Development (2017) l’age 9 of IO ‘
This AGREEl\/IENT supersedes all earlier Joint Powers Agreements for housing and cornmunitydevelopment activities.

15. Agreement Binding
This AGREEMENT shall be binding upon the parties hereto and their successors and assigns. This AGREEMENT may be executed in counterparts, each ofwhich shall be deemed an original but, together, all of which shall constituteone and the same document.

IN WITNESS WHEREOF, the partieshereto have caused this Joint Powers Agreement to be executed as ol’I;he day and year first above written. 2’!it/Iargaret Vain’Vliet, Executive Director,Sonoma
County Community Development Commission

CITY OF CLOVERDALE
By:

Paul Cayler, City Manager
CITY OF‘COTATI
By:

Damien O’Bid, City lvlanager

CITY OF HEALDSBURG
By:

David Mickaelian,City Manager
Agenda Item #7.3:

Joint Powers Agreement for Housing and Community Development (2017)

This AGREEMENT supersedes all earlierJoint Powers Agreements for housing and community development activities.
l5. Agreement Binding
This AGREEMENT shall be binding upon the parties hereto and their successors and assigns. This AGREEMENT may be executed in counterparts, each of whichshall be deemed an original but, together, all of whichshall constitute one and the same document.

IN WITNESS WHEREOF, the partieshereto have caused this Joint Powers Agreement to be executed as of the day and year first above written.

COUNTY OF SONOMA
By:

Margaret Van Vliet, Executive Director, Sonoma
County Community DevelopmentCommission
<HT?o}xLoE?
RnXLE
t l
lei /£4
C
Bwkihg? féex
lPziul Ca/y‘er, City anager

CITY OF COTATI
By:

Damien O’Bid, City Manager

CITY OF HEALDSBURG
By:

David Mickaelian, City Manager
Agenda Item #7.3:

Joint Powers Agrecinent for Housing and Community Dcveiopment(2017)

This AGREEMENT supersedes all earlierJoint Powers Agreements for housing and community development activities.

I‘ it3. Agreement Binding
This AGREEMENT shall be binding upon the parties hereto and their successors and assigns. This AGREEMENT may be executed in counterparts, each of which shall be deemedan original but, together, all of whichshall constituteone and the same document.

IN WITNESS WHEREOF, the parties hereto have caused thisJoint Powers Agreement to be executed as of the day and year first above written.

COUNTY OF SON OMA
By:

Margaret Van Vliet,ExecutiveDirector, Sonoma
County Community Development Commission ~

CITY OF CLOVERDALE
By:

Paul Cayler, City Manager

CITY OF TATI

CITY OF HEALDSBURG
By:

David Mickaelian, City Manager
Agenda Item #7.3:

Joint Powers Agreement ForHousing and Community Development (20l7)

This AGREEl\/lENT supersedes all earlier Joint Powers Agreements Forhousing and community development activities.
l5. Agreement Binding
This AGREEMENT shall be binding upon the parties hereto and their successors and assigns. This AGREEMENT may be executed in counterparts, each of which shall be deemed an original but, together, all of which shall constitute one and the same document.

TNWITNESS WHEREOF, the partieshereto have caused this Joint Powers Agreement to be executed as of the day and year first above written.

COUNTY OF SONOMA
By:

Margaret Van Vliet, Executive Director, Sonoma
County Community Development Commission

CITY OF CLOVERDALE
By:

Paul Cayler, City Manager

CITY OF COTATI
V
By:

DamienO’Bicl,City Manager
\ CITY; OF§“iH EA LDSBURQ ""‘*"‘”‘”'°~.,;\
/
By: TR, » “VJ ‘DavidMickaelian, City Manager
Agenda Item #7.3:

Joint Po\v<2rx/\gree1m=.nlfor Housing and Ccnnmunily DC‘.\'C|(')pI‘m:nl (?.f)1'7)

CITY OF ROHNERT PARK
.\'- -‘ ‘, .~.~\ A..\y.}‘ ‘my /‘r 1 _, W ??ac/zpc//zuzcmv (\aj(MJM:y, LL/[/£l._.w\ DarrinJcul<ixi.~;, City Mzmager Per MinuteOrder adoptedby theRohnurt ParkCity Cmmcilat ilxmeeting 0l"Augusl 22, 2017 \§,{gu}“]»".' 2.t»; , C‘«:u'+\;V\ 5/4/rl//'7/"L12, CITY OF SEBASTOPOL By:

Larry McLaughlin, City Manager

CITY OF SONOMA
By:

Cathy Capriola, City Manager

TOWN OF VVINDSOR
By:

CamilleKazarian,InterimTown Manager
Agenda Item #7.3:

Joint Powers Agreement for Housing andCommunityDevelopment(2017)

CITY OF ROHNERT PARK
By:

Darrin Jenkins,City Manager

CITY OF SEBASTOPOL
(ii yi?wgwiw
By:

Larry Mcjgaug?in, City Manager

CITY OF SONOMA
By:

Cathy Capriola,City Manager

TOWN OF WINDSOR
By:

CamilleKazarian, InterimTown Manager
Agenda Item #7.3:

John Powers Agreement for Housing and Cmnlnunity Development (2017)

CITY OF ROHNERT PARK
By:

Darrin .'l’enl<ins, City Manager

CITY OF SEBASTCWOL
By:

Larry McLaughlin, City Manager

CITY OF SONOMA
By: gfaa/fۤ}r7\ //70?
Cathy Eap ty \a@er\\_

TOVVNOF WINDSOR
By:

Camille Kazarian, Interim Town Manager
Agenda Item #7.3:

Joint Powers Agreemcnl for ['[0usingand Community Development(20l7) Page [0 of IO
CITY OF ROI}-INERTPARK
By:

Darrin Jenkins, City Manager

CITY OF SEBASTOPOL
By:

Larry McLaughlin,City Manager

CITY OF SONOMA
By:

Cathy Capriola, City Manager

TOWN OF WINDSOR
s
Camille Kazari n, 1te1‘im’l”0wnManager
Agenda Item #7.3:

CERTIFICATIONS
In accordancewith the applicablestatutes and the regulationsgoverningtheconsolidatedplan regulations,tltejurlsdiction certifiesthat:

Affirmatively Further Fair Housing -— Thcjurisdictionwillat?rnuitlvcly furtherfairhousing, which meansit will conduct.an analysis of impedimentsto fairhousingchoicewithinlhcjurisdictiou,take appropriateactionsto overcomethe effects of any impedimentsidenti?edthroughthat analysis, and maintainrecords reflecting that analysis and actionsinthis regard.

Anmdisplncemcnt and Relocation Firm-- it willcomplywiththe acquisitionand relocation requirementsof the UniformRelocationAssistanceand Real PropertyAcquisitionPoliciesAct of l970, as amended, and implementingregulationsat 49 CFR24; andit hasin effect and is followinga residentialantidisplacementandrelocationassistanceplanrequiredundersectionlO4(d)oftho Housing and Community DevelopmentAct of i974, as amended, inconnectionwithanyactivity assistedwith funding underthe CDBG or HOME programs.

Anti—Lobbying—~ To the best ofthejurisdictiorrs knowledgeand belief:
l. No Federalappropriatedfundshave beenpaidor will be paid,by or on behalfof it, to any person for influencing,or attempting to in?uence an officer or employeeof any agency, 21Memberof Congress, an officer or employeeof Congress, or an employeeof E1lvlemberof Congress in connection with the awardingof any Federalcontract, the making of any Federalgrant, the making of any Federal loan,theentering intoof any cooperativeagreement, and the extension, continuation,renewal, arncnclmont,or modi?cationofany Federalcontract, grant, loan,or cooperativeagreement;

2. If any funds other thanFederalappropriatedfunds have been paid or will be paid to any person for in?uencing or attemptingto influence an ofticcr or employeeof any agency, a Memberof Congress, an officer or employeeof Congress, or an employee of a Memberof Congress in connectionwith this Federalcontract, grant, loan, or cooperativeagreement, itwillcompleteand submit Standard F’onn~LLL,"DisclosureForm to Report Lobbying,"in accordancewith its instructions; and

3. It willrequire thatthe languageof paragraphI and2 of this anti~lobbyingcerti?cationbe includedin the awarddocumentsfor allsubawardsat all tiers(including subcontracts,subgrants, and contracts undergrants, loans, and cooperative agreernents) andthatallsubrecipicntsshall ccnify and discloseaccordingly.

Authority of Jurisdiction «v The consolidatedplan is authorizedunderState and locallaw(as applicable)and thejurisdictlon possessesthe legal authorityto carry out the programsfor whichit is seekingfunding, in accordancewithapplicableHUD regulations.

Consistency with plan —- The housing activitiesto be undertakenwith CD86, HOME,ESG, and HOPWA funds are consistentwith the strategic plan.

S_cctio:n 3 -- It willcomply withsc_clion.3_0l'the Housing and UrbanDevelopmentAct of W68,and iipyincnting regulations at 24/CPRPart 135.
___......._.....u..."“‘"c(J"J/{""”"’""".._...__/{Jr ém??w Cal F5 Signature/AuthorizedOfticiul Date:

C~Z><:t»:a::u?us: Dr i';?~e:"c.;.1-;3,~2\_
Attachment A
to Joint Powers Agreement for Housing and Community Development Agenda Item #7.3:

SpecificCDBGCerti?cations
The EntitlementCommunity certi?esthat:

Citizen Participation »~ it is in fullcomplianceand tbllotvinga detailedcitizen participationplanthat satis?es the requirementsof 24 CPR 9i .105.

Community Development Plan -- its consolidatedhousingand communitydevelopment plan identities community developmentand housing,needsand specifiesboth short-termandlong~termcommunity developmentobjectivesthat providedecent housing, expand economicopportunitiesprimarilyfor personsof lowand moderateincome.(Sec CFR24 570.2and CFR 24 part 570) Following :1 Plan ~- it is followinga current consolidatedplan (or ComprehensiveHousingAffordability Strategy) that has been approvedby HUD,
Use of Funds —« it has compliedwiththe following criteria:

1. Maximum FeasiblePriority. With respect to activitiesexpected to be assistedwithCDBG funds, it certifiesthat it hasdevelopedits ActionPlan 50 as to give maximumfeasiblepriorityto activitieswhichbene?tlowandmoderateincomefamiliesor aid in the preventionor elimination of slumsor blight.TheActionPlanmay also includeactivitieswhichthe grantee certi?es are designed to meet other communitydevelopmentneedshaving a particularurgency because existingconditions posea serious and immediatethreatto the healthor welfareof the community, and other financialresourcesare not available);

2. Overall Bene?t. The aggregate use of CDBG fundsincludingsection I08 guaranteed loans during programyear(s);20\:’7, (a period speci?ed by thegrantee consisting of one, two, or three speci?c consecutiveprogramyears), shallprincipallybene?t personsof lowand moderateincomein a mannerthat ensuresthat at least70 percent of the amount is expended for activitiesthat bene?t such persons during the designatedperiod;

3. Special Assessments.it willnot attempt to recover any capitalcosts of public improvements assistedwithCDBG fundsincludingSection108loan guaranteed funds byassessing any amount againstpropertiesownedand occupiedby personsof lowand moderateincome,includinganyfee chargedor assessment madeas a conditionof obtainingaccess to such publicirnprovemcnts.

However, it‘CDl3Gfundsare usedto pay the proportion of a fee or assessment that relatesto the capital costs of publicimprovements(assisted in part withCDBG funds) financedfrom otherrevenuesources,an assessment or charge may be madeagainsttheproperty withrespect to the publicimprovementsfinancedby a source otherthan CDBG funds.

Thejurisciictionwill not attempt to recoverany capitalcosts of public improvements assisted withCDBG funds, includingSection I08, unlessCDBG funds are used to pay the proportionof fee or assessment attributableto the capitalcosts of publicimprovements?nancedfromother revenuesources.in this case, an assessment or charge may be made against the property with respect to the publicimprovements?nancedby u source other than CDBGfunds. Also, in the case of propertiesowned and occupiedby motlcrate-income(not low-income)families,an assessment or chargemay bemadeagainst the property for publicimprovementsfinancedbya source otherthanCDBG fundsif thejurisdiction certi?es that it lacksCDBG fundsto cover the assessment.

Excessive Force ~~ it has adoptedand is enforcing:

I. A policyprohibitingthe use of excessive Forceby lawentbrccmentagencies withinits Attachment A
to Joint Powers Agreement for Housing and Community Development Agenda Item #7.3:

jurisdictionagainst any individualsengagedin txotwiolelttcivil rightsdemonstrations;and

2. A policyof‘enforcingapplicableState and locallaws againstphysicallybarringentrance to or exit froma facilityor locationwhich isthesubject of suchn0n~violenl;civilrights demonstrationswithin ltsjurisdictlcm;
Cmnpllnnce With Anti~disc-riminationlaws ~«~ The grant will baaconductedand administeredin conformity withtitle V1ofthe CivilRightsAct of 1964(42 USC 2000d), the FairHousing Act (42 USC 36018619), and implementingregulations.

Lc:1d«Bnsed Paint ~»« Its activitiesconcerning lead-basedpaint willcomplywith the requirementsot‘24 CFR Part 35,subparts A, B,J, K and R;
Compliance with Laws ~~ It willcomplywithapplicablelaws. /
' l
..f‘' ' (M./~t»»t.. :»>“’><fEE":»
Signature/AutltorizedOfficial Date
Title
Attachment/5.
to Joint Powers Agreement for Housing and Community Develnpmant Agenda Item #7.3:

OPTIONAL CERTIFICATION
CDBG
Submitthe foilowingcerti?cation onlywhen one or moreof theactivitiesin the actionplan are designed to meet othor community developmentneeds having a particular urgency as specifiedin 24 CPR 570.2l)8(o):

The grantee herebycerti?esthat the AnnualPian includesone or morespeci?callyidenti?ed CDi3G~assistedaotivitieswhich are designedto meet other communitydevelopmentneeds having a particularurgency becauseexistingconditionspose a seriousand immediatethreat to the ltealtitor wetfare of the communityand other financialresourcesare not availableto meet suchneeds.
n/ox
Signature/AuthorizedOfficial Date
Title
Attachment A
to Joint Powers Agreement for Housing and Community Development Agenda Item #7.3:

Speci?c HOME Certi?cations
The HOME pariicipatingjurisdictioncerti?esthat:

Tenant Based Rental Assisfmtco—- ii"the participatingjurisdictionintendsto providetunant—based rental assistance:

The useof l—l‘OMl3 funds for tenant~basedrental assistanceis an essential elementof‘the participatingjurisdiction'sconsolidatedplan for expandingthe supply, affordability,and availabilityof decent, safe,sanitary, andai’Fordabiohousing.

Eligible Activities and Costs -- it is using,and will use HOME‘.funds for eligibleactivitiesand costs,as describedin 24-CFR § 92.205through92.209and that it is not using andwill not use HOMEfundsfor prohibitedactivities,as describedin § 92.214.

Appropriate Financial Assistance-- before committing,any fundsto a project,it will evaluatethe project in accordance withthe guideiines that it adoptsfor thispurposeand willnot investany more l~lOlMEZfundsin combinationwith other Federalassistancethanis nacessaiy to provideaffordable housing;
//
/’ '/~ i
’ , _; 2 .,- ,.. g,.t.,..»l—«—*c.~.....*»« (4‘."£AV{m,0"i-‘-v-v4-V-hr<._......q fzavieé» 1‘:1? Signature/Authorized Official Date
><lE“:'?;t,.*-'1“ \. lint‘ 1‘i'.'>i «‘Lieaz:fa:i:vr'z>\':;..

Title
Attachment A
to Joint Powers Agreement for Housing and Community Dovoiopment Agenda Item #7.3:

ESG Certi?cations
The .l3mergencySolutionsGrantsProgram Recipientcertifiesthat:

Major rehabilitation/conversion — if an emergency shelter’srehabilitationcosts exceed 75 percent of the value of the buildingbeforerehabilitation,thcjurisdiction willmaintainthe buildingas a shelterfor homelessindividualsand familiesfora minimumof 10years afterthe date the buildingisfirstoccupiedby a homelessindividualor family after thecompleted rehabilitzltion.if the cost to convert a building into an emergency shelter exceeds75 percent oi‘ the value ofthe buildingafter conversion,thcjurisdiotion willmaintainthe buildingas a shelter for homelessindividualsand familiesfor a minimumof it) years after the date the buildingis ?rst occupiedby a homelessindividualor family afterthe completedconversion.in all other caseswhereESQ fundsare usedfor renovation,thejurisdiction willmaintainthe buildingas a shelterfor homelessindividualsand t‘amlliesfor a minimumof 3 years afterthe date the building is first occupiedby a homelessindividualor family after the completed renovation.

Essential Services and Operating Costs —- in the case of assistanceinvolvingshelteroperations or essentialservices relatedto street outreachor emergency shelter,thejurisdictionwillprovide servicesor shelterto homelessindividualsand familiesfor theperiodduringwhichthe E80 assistanceis provided, withoutregard to a particularsite orstructure, so longthejurisdiction serves the same type of persons (e.g., familieswith children,unaccompaniedyouth,disabled individuals,or victimsof domesticviolence) or persons in the same geographicarea.

Renovation -—- Any renovationcarriedout with ESG assistanceshall be sufficientto ensure that the building involvedissafe and sanitary.

Supportive Services - Thejurisdiction willassist homelessindividualsin obtainingpermanent housing, appropriate supportive services( includingmedicaland mentalhealthtreatment, victim services,counseling, supervision, and otherservicesessential for achievingindependentliving), and other FederalState, local,and private assistanceavailable for such individuals.

Matching Funds — Thejurisdiction willobtainmatchingamounts required under24 CFR 576.201.

Confidentiality ~— Thcjurisdictionhas establishedand isimplementingproceduresto ensure theconfidentiality of recordspertaining to any individualprovidedfamilyviolenceprevention or treatment servicesunder any projectassisted underthe ESG program, includingprotection against the releaseof‘the addressor locationof any family violenceshelterproject,except with thewrittenauthorizationof the person responsibleforthe operation of thatshelter.

Homeless 1’crsousInvolvement— To themaximumextent practicable,thejurisdictionwill involve, through employment,volunteerservices,or otherwise,homelessindividualsand families in constructing, renovating, maintaining,and operating facilities assistedunder the ESG program, in providing servicesassisted undertheESG program, and in providingservicesfor occupants of facilities assistedunderthe program.

Consolidated Plan ~ All activitiesthejurisdiction undertakeswithassistanceunder ESG are consistentwiththejurisdiction’s consolidatedplan.

Dischar e Polio «The 'urisdlctionwillestablishand imylement .i to themaximumextent ‘ . l s
‘ practicableand where appropriate ])OilClt3Sand protocols for the dischargeoi‘persons from Attachment A
to Joint Powers Agreement for Housing and Community Development Agenda Item #7.3:

publiclyfundedinstitutionsor systems ol"c-are(such as healthcare facilities, mentalhealth facilities, fostercare or other youth facilities,or correctionprograms andinstitutions)in order to prevent this discharge from immediatelyresulting inhomelessnessfor these persons. a
Signatixre/A1ithot'ized Official
(j"\
W -—~r<- &‘—«'—”‘«‘<T'é”v-=~é"’t“w«c:' bl .2ua:~7;<.:r~a;7:2..i Title
Attachment A
teaJoint Powers Agreement for Housing and Community Development Agenda Item #7.3:

HOPWA Cm?fications
The HOPWA grantee certi?es that:

Activities—~ Activitiesfunded under the programwill meet urgent needsthatare not being,met by available publicand privatesources.

Building - Any building or strucmre assistedunderthat program shallbe operated forthe purpose speci?ed inthe plan.’
I. For at least ll) years in the case of assistanceinvolvingnewconstruction, substantialrehabilitation,or acquisitionof a facility,

2. For at least3 years in the case of assistanceinvolving non-subsianlialrehabilitationor repnlrofa building or structure. i’\C3\
Signature/Authorized Official Dale
Title
Attachment A
to Joint Powers Agreement lor Housing and Community Development Agenda Item #7.3:

APPENDIXTO CER'I‘IFICATIONS
INSTRUCTIONSCONCERNENG LOBBYING:

A. LobbyingCerti?cation
This certi?cationis a materialrepresentationof Factuponwhichreliancewas placed whenthis transactionwasmadeor enteredinto.Submissionof this cenl?cationis a prerequisitefor makingor entering into thistransactionimposedbysection I352, title31, US. Code.Any personwho failsto methe requiredcerti?cationshallbesubjcat to a civilpenalty of not 1655than $i0,000 and not more than $100,000 for eachsuch failure.

Attachment A
to Joint Powers Agreement for Housing and Community Development Agenda Item #7.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Jun 2023
Department
Public Works
Staff Contact
Michael Berger, Public Works Director/City
Engineer
Agenda Item Title
Adopt a Resolution Rescinding #Resolution 36-2021 and #Resolution 39-2021 and Encouraging Water Customers to Continue Water Conservation Practices that Minimize Water Waste
Summary
The Governor of the State of California declared a local drought emergency in Sonoma and Mendocino Counties on April 21, 2021. This action was followed by the County of Sonoma declaring a local drought emergency on April 27, 2021. On June 14, 2021, the State Water Resources Control Board issued an order that requires that Sonoma Water and its water contractors reduce total diversions from the Russian River by 20% compared to the same period of 2020 from July 1 through mid-December 2021.

The City of Sonoma on average purchases approximately 90% of its potable water from Sonoma Water, the region’s wholesale water supplier and the majority of Sonoma’s water supply comes from the Russian River Basin.

In response to the drought emergency declarations the Council of the City of Sonoma adopted the following Resolutions:

1. On June 7, 2021, the City Council adopted Resolution #36-2021 declaring a water shortage emergency and a Stage 1 Voluntary Conservation Water Shortage Alert, with the goal of achieving an overall system-wide reduction goal of up to 15% of Russian River water supply deliveries; and

2. On June 21, 2021, the Council of the City of Sonoma adopted #Resolution 39-2021 declaring a Stage 2 Mandatory Conservation water shortage in the City of Sonoma water service area effective July 1, 2021, in accordance with Sonoma Municipal Code

13.10.070, with the goal of 20% or higher reduction in Russian River water supply delivery to the City.

The Sonoma County region has recently received substantial rainfall via a series of atmospheric rivers and Lake Sonoma and Lake Mendocino have fully recovered from historically low levels to the point that the water supply pool for each reservoir is full. The water supply outlook has vastly improved such that mandatory reductions in community-wide water use are no longer necessary.

On March 24, 2023, Governor Newsom issued Executive Order N-5-23, modifying the previous drought emergency Executive Orders. EO-N-5-23 ends the statewide voluntary 15% water conservation target and ends the statewide requirement that local water agencies implement level 2 of their drought contingency plans for all but the Klamath River and Colorado River watersheds.

Agenda Item #7.4:

Water conservation best practices are a priority of the Council. Even though Stage 2 Mandatory Conservation has ended the Council fully supports voluntary conservation measures by all water users of the City of Sonoma and continues to enforce water waste prohibitions established in Sonoma Municipal Code 13.10.060 including:

1. The washing of sidewalks, walkways, driveways, parking lots, and other hard-surfaced areas by direct hosing, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances, wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety; provided, that the disposal of such is in conformance with Chapter 13.32 SMC, Stormwater Management and Discharge Control;

2. The escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 72 hours after the customer discovers such a break or leak or receives notice from the city is a reasonable time to correct such break or leak or, at a minimum, to stop the flow of water from such break or leak;

3. Irrigation in a manner or to an extent which allows excessive runoff of water or unreasonable over-spray of the areas being watered. Every customer is deemed to have his/her water system under control at all times, to know the manner and extent of his/her water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner;

4. Washing cars, boats, trailers, or other vehicles and machinery directly with a hose not equipped with a shutoff nozzle; and

5. Water for nonrecirculating conveyor car wash systems.

To support the conservation of water use indoors and outside, there are many water conservation rebate and other incentive programs to replace high water-use plumbing fixtures and appliances with water-efficient models. Residents and businesses are encouraged to visit the Sonoma Marin Saving Water Partnership for information on programs and rebates available, in addition to watering tips and how to reach your water meter Recommended Council Action
Adopt a Resolution that 1) rescinds Resolution #36-2021 declaring a water shortage emergency and a Stage 1 Voluntary Conservation Water Shortage Alert 2) rescinds Resolution #39-2021 declaring a Stage 2 Mandatory Conservation water shortage in the City of Sonoma water service area, and 3) continues to recommend best practices by all water users of the City of Sonoma.

Alternative Actions
Council discretion
Financial Impact
While water conservation will continue to be encouraged, water deliveries and revenue would be expected to increase, which will help balance revenues with fixed expenditures, and lessen the need for a conservation based rate increase.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Approved/Certified
No Action Required
Agenda Item #7.4:

Exempt
Not Applicable
Action Requested
Attachments
Resolution
Lake Sonoma Storage
Lake Mendocino Storage
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #7.4:

City of Sonoma
RESOLUTION # ___- 2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SONOMA RESCINDING RESOLUTION 36-2021 AND
RESOLUTION 39-2021 AND ENCOURAGING CITY

WATER CUSTOMERS TO CONTINUE WATER

CONSERVATION PRACTICES THAT MINIMIZE WATER
WASTE
WHEREAS, the City of Sonoma on average purchases
approximately 90% of its potable water from Sonoma Water, the region’s wholesale water supplier; and
WHEREAS, the majority of Sonoma’s water supply comes
from the Russian River; and
WHEREAS, the Governor of the State of California declared a local drought emergency in Sonoma and Mendocino
Counties on April 21, 2021; and
WHEREAS, the County of Sonoma declared a local drought
emergency on April 27, 2021; and
WHEREAS, on June 14, 2021, the State Water Resources
Control Board issued an order that requires that Sonoma Water and its water contractors reduce total diversions from the Russian River by 20% compared to the same period of 2020 from July 1 through mid-December 2021; and
WHEREAS, on June 7, 2021, the City Council adopted
Resolution #36-2021 declaring a water shortage emergency and a Stage 1 Voluntary Conservation Water Shortage Alert, with the goal of achieving an overall system-wide reduction goal of up to 15 percent of Russian River water supply
deliveries; and
WHEREAS, on June 21st, 2021, the Council of the City of Sonoma adopted Resolution #39-2021 declaring a Stage 2
Mandatory Conservation water shortage in the City of
Sonoma water service area effective July 1, 2021, in
accordance with Sonoma Municipal Code 13.10.070, with
the goal of 20% or higher reduction in Russian River water supply delivery to the City; and
WHEREAS, the region recently received substantial rainfall via a series of atmospheric rivers and Lake Sonoma and
Lake Mendocino have fully recovered from historically low Agenda Item #7.4:

levels to the point that the water supply pool for each reservoir is full; and
WHEREAS, the water supply outlook is vastly improved
such that mandatory reductions in community-wide water
use are no longer necessary; and
WHEREAS, on March 24, 2023, Governor Newsom issued
Executive Order N-5-23, modifying the previous drought
emergency Executive Orders. EO-N-5-23 ends the statewide voluntary 15% water conservation target and ends the
statewide requirement that local water agencies implement level 2 of their drought contingency plans for all but the Klamath River and Colorado River watersheds.

NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Sonoma hereby rescinds Resolution 36-2021 declaring a water shortage emergency and a Stage 1 Voluntary Conservation Water Shortage Alert and
Resolution 39-2021 declaring a Stage 2 Mandatory
Conservation water shortage in the City of Sonoma water service area; and
BE IT FURTHER RESOLVED that the Council of the City of
Sonoma still fully supports voluntary conservation measures by all water users of the City of Sonoma.

ADOPTED this 7th day of June 2023 by the following vote:

AYES:

NOES:

ABSENT:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:

Agenda Item #7.4:

Agenda Item #7.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Jun 2023
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Receive Council Member Ding's Appointment of Patricia Cullinan to the Parks, Recreation, & Open Space Commission to fill the Vacancy Left by Sinjin Bain's Resignation Summary
Per the Council’s Commission Appointment Policy, each Council Member shall be entitled to appoint one member of each of the Group B Commissions. No formal interview process by the Council is required. It shall be left to the sole discretion of each Council Member as to the nature and scope of any interview or investigation into the qualifications and/or background of the candidates. When a vacancy occurs, the City Clerk is required by the Maddy Act to post the vacancy and an appointment cannot be made for a minimum of ten days.

Commissioner Sinjin Bain resigned on May 11th from the Parks, Recreation, and Open Space Commission. Mr. Bain was Council Member Ding's direct appointment, so this will fill the vacancy of his appointment.

The “Maddy Act” posting was completed, and the following individual submitted an application (copy attached).
• Patricia Cullinan
After review, Council Member Ding has chosen to appoint Patricia Cullinan to the vacant seat on the Parks, Recreation, & Open Space Commission. Ms. Cullinan's term will be through January 31, 2025, since Council Member Ding's term ends in December 2024. If Council Member Ding runs in the November 2024 election and is successful, then he could choose to reappoint Ms. Cullinan.

Recommended Council Action
Receive appointment.

Alternative Actions
Council discretion.

Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Approved/Certified
No Action Required
Action Requested
Agenda Item #7.5:

Not Applicable
Attachments
Commission Application - Patricia Cullinan - PROS
Agenda Item #7.5:

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

COMMISSION APPLICATION
Received Date: May 26, 2023
Application Type: Parks, Recreation and Open Space Commission Other Interest: Thank you but I do not have an interest in another commission or committee at this time.

CA­23­24
NAME: Patricia Cullinan
ADDRESS: Sonoma, California, 95476
PHONE:

ALTERNATIVE PHONE:

EMAIL ADDRESS:

EDUCATIONAL BACKGROUND: Dominican College San Rafael, Sonoma State University, Cal Poly San Luis Obispo Cuesta College San Luis Obispo and Santa Rosa Junior College1965­1999, Fields of study: Mathematics, Art History and Studio Art, Agriculture. Outside of formal schooling I participate in continuing education for the roles I play professionally and as a volunteer.

OTHER RELEVANT EXPERIENCE: Sonoma County Landmarks Commissioner, CA General Enginneering (A) and Landscape Contractor (C­27).

Professionally I have worked at vineyard management, Design­Build landscaping company, landscape design and project management for projects that required consideration of the regulations of the Army Corp of Engineers and Fish and Game Dept. in addition to the local regulatory agencies.

As a General Engineering contractor and woman owned business we specialized in historic preservation construction and non standard construction projects that required unique skills.

As a volunteer implemention of international horticultural events, conservator with various probation courts for a developmentally delayed relative and primary responsibility for several relatives, and various community nonprofits in management and facilitation roles since the 1960's.

COMMUNITY INVOLVEMENT: Sonoma County Landmarks Commissioner, board president of the Sonoma Valley Historical Society, board president of the Blue Wing Adobe Trust, former board member of the Sonoma League for Historic Preservation. I am active in California and international horticultural societies.

GENERAL QUESTIONS:

Have you ever attended a meeting of the Commission to which you are applying? If so, how many? Yes
Agenda Item #7.5:

THIS DOCUMENT AND ALL ATTACHMENTS ARE AVAILABLE FOR PUBLIC INSPECTION What is your understanding of the role and responsibility of this Commission? This is an advisory board to the Sonoma City Council on matters pertaining to preservation and enhancement of the parks, recreational facilities, and open space under the jurisdiction of the city.

What would be your goal(s) as a Commissioner?
The preservation of city owned parks and recreational facilities to best serve the residents and visitors to Sonoma
What do you feel you could contribute to see these goals realized? As someone who has been active in preservation, outdoor activities and project management most of my life I have skills I can use to make informed decisions.

Have you previously served, or do you currently serve, on a Sonoma Commission or Committee? If yes, which one(s) and for what period of time?
no
Is there anything else you would like us to consider when reviewing your application? No, thank you for asking.

I certify that all of the information contained in my responses to the questions on this application is true and accurate to the best of my knowledge. I further agree that, by checking the box below and submitting this application, online or otherwise, I am affixing my digital signature to this form as of the date submitted. I also agree that if appointed, I will serve on the Commission/Committee for which I have submitted this application.
☒ I AGREE
Patricia Cullinan May 25, 2023
Agenda Item #7.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Jun 2023
Department
Public Works
Staff Contact
Oriana Hart, Public Works Admin & Project
Manager
Agenda Item Title
Adopt a Resolution Authorizing the Public Works Director to Apply for the California State Parks Recreational Trails Grant to Fund Major Rehabilitation of Portions of the Sonoma Overlook Trail
Summary
The Sonoma Overlook Trail, located on the upper Mountain Cemetery property was constructed in 1999. The planning, design, and maintenance of the trail has relied heavily on volunteer efforts, led by the Sonoma Overlook Stewards. In recent years the Stewards have become increasingly concerned that segments of the trail are eroding, which leads to several problems including increased maintenance, safety concerns, and the creation of bypass trails as hikers attempt to avoid the eroded segments. In 2016 the City with the assistance of the Trail Stewards conducted a trail rehabilitation project funded mostly through the Habitat Conservation Fund with City funds to supplement the environmental review of the rehabilitation plan.

Three areas identified in the trail assessment conducted during the grant application period for the 2016 project were not able to be repaired during that larger effort and have continued to deteriorate. The Trail Stewards would like to contribute their own fundraising efforts in combinations with City of Sonoma funds to meet the match requirement for a 2023 grant fund, the California State Parks Recreational Trail Grant. The City would apply for this grant funding from the State Parks Program to complete the remaining areas in major need of repair.

Public Works is proposing to apply for a grant totaling $250,000.00 for repair of these three sections of trail. The grant application would commit to a 33% match or $83,250.00. Of this the Trail Stewards would donate $33,250.00 from their fundraising efforts and the City would contribute $50,000.00 from our Park In-Lieu fees.

Recommended Council Action
Adopt a resolution authorizing the Public Works director to apply for the California State Parks Recreation and Trail Program Grant.

Alternative Actions
Council discretion
Financial Impact
Public Works application to the California State Parks would bring in grant funding of $166,650.00 to improve the trail infrastructure at Sonoma Overlook Trail. The City would contribute $50,000.00 from GL 314-54000-703-70703 to partially meet the match requirement for the grant. The Trail Stewards would contribute the remaining $33,250.00 in match.

Agenda Item #7.6: