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, October 18, 2023
https://us06web.zoom.us/j/84876986131
6:00 PM 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 (Farrar-Rivas, Gurney, Wellander, 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 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: Recognition of Maricarmen Reyes in Honor of her Receiving the Puente y Ganas Award from Los Cien
6.2: Recognition of John Donnelly on the Occasion of his Retirement from the Sonoma Overlook Trail Stewards
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 of the Regular Meeting of October 4, 2023 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the Minutes.
10.04.2023 Regular Meeting Minutes
4 - 5
7.3: Accept the Expenditure Report for the Month of September 2023 (Chuck McBride, Interim Finance Director)
RECOMMENDATION: Accept the report.
Agenda Report - Expenditures - September 2023 - Pdf
6 - 8
7.4: Adopt a Resolution Designating Signatories on City of Sonoma Financial Institution Accounts (Chuck McBride, Interim Finance Director) RECOMMENDATION: Adopt a resolution designating signatories on City of Sonoma financial institution accounts.
Agenda Report - Financial Institution Account Signatories - Pdf 9 - 12
7.5: Adopt a Resolution to Approve a Permanent Lighting Installation on the Canary Island Palm Located on the Front Historic Lawn of the Sonoma Plaza and to Accept a Monetary Donation From Rotary Club Sonoma Sunrise to Cover Expenses Associated with the Requested Installation of Permanent Lights (Lisa Janson, Senior Management Analyst)
RECOMMENDATION: Adopt a resolution approving the lighting of the Canary Palm Tree located on the historic front lawn of the Sonoma Plaza and accepting the cash donation to the City of Sonoma to cover the installation of permanent light installation, being made by Rotary Club Sonoma Sunrise.
Agenda Report - Rotary Donation - Pdf
13 - 24
7.6: Creation of an General Plan Update Task Force (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Appoint the seven members of the General Plan Update Task Force membership.
Agenda Report - General Plan Update Task Force - Pdf
25 - 26
8. PUBLIC HEARING
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
9.1: An Ordinance Adding Chapter 9.93 to Title 9 of the Sonoma Municipal Code Regulating the Safe and Secure Storage of Firearms (Brandon Cutting, Police Chief)
RECOMMENDATION: Adopt the ordinance.
Agenda Report - Gun Safety Ordinance - Pdf
27 - 34
10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Monique Saviez, Deputy City Clerk
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually 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.
In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
City of Sonoma's Commission and Committee Roster: Commission & Committee Roster_Updated_Sept_27_2023 Appointments to Commission/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 that 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 Consideration: 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.
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, October 4, 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 p.m.
PUBLIC COMMENT PROCESS FOR ZOOM ATTENDANCE AT MEETINGS
ROLL CALL
PRESENT: Vice Mayor Gurney, Council Member Farrar-Rivas, Council Member Wellander ABSENT: Mayor Lowe and Council Member Ding
REPORT ON CLOSED SESSION
There was no Closed Session held.
APPROVAL OF AGENDA
Motion by Council Member Farrar-Rivas, seconded by Council Member Wellander, to approve the agenda with item nine being moved to after item five. Motion carried 3-0-0-2 with Vice Mayor Gurney, Council Member Farrar-Rivas and Council Member-Wellander voting YES, and Mayor Lowe and Council Member Ding absent.
1. MEETING DEDICATIONS
None.
2. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Farrar-Rivas attended a Sonoma Valley Citizens’ Advisory Commission meeting on September 27, 2023, as well as a Finance Committee meeting on September 28, 2023. On October 2, 2023, she attended an Economic Business Development Services meeting.
Council Member Wellander attended a Continuum of Care Board of Directors meeting on September 27, 2023.
Vice Mayor Gurney attended the Generation Housing event on September 22, 2023, to honor and recognize David Guhin for all his work during his tenure at the City of Santa Rosa during the 2017 wildfires. He also attended a Finance Committee meeting on September 28, 2023, and a Shared Services meeting with Susan Gorin on September 29, 2023.
3. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin announced that the City will hold a Joint Meeting between the City Council and Planning Commission on October 11, 2023, to discuss the general plan, starting at 6 p.m. He also reminded everyone that the second cemetery clean-up day is scheduled for this upcoming Saturday at the Mountains Cemetery. City Manager Guhin also mentioned that the Sonoma Art Walk starts on October 5, 2023.
4. CITY ATTORNEY COMMENTS
None.
5. PRESENTATONS
Item 5.1: Proclamation Proclaiming October 2023 as Domestic Violence Awareness Month in the City of Sonoma
Item 5.2: Proclamation Proclaiming October 8–14, 2023, as Fire Prevention Week in the City of Sonoma
6. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Wellander, seconded by Council Member Farrar-Rivas to approve the Consent Calendar as presented. Motion carried 3-0-0-2 with Vice Mayor Gurney, Council Member Wellander, and Council Member Farrar-Rivas voting YES, and Mayor Lowe and Council Member Ding absent.
Agenda Item #7.2:
Public Comment: Fred Allebach
Item 6.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
Item 6.2: Adopt a Resolution to Accept a Monetary Donation From By the Bay Health to Cover Expenses Associated with Their Requested Electrical Installation and Upgrade to Accommodate the Lighting of the Hospice Tree Located in the Southeast Quadrant of the Sonoma Plaza (Lisa Janson, Senior Management Analyst)
Action: Adopted as Resolution 64-2023.
Item 6.3: Receive Minutes from the Regular Meeting of September 18, 2023 (Rebekah Barr, MMC, City Clerk)
Action: Minutes were received.
7. PUBLIC HEARING
Item 7.1: Public Hearing, Discussion, Consideration, and Possible Action to Adopt a Resolution Adopting the 2018 Water Rate Study Final Report, Adopting Water Utility Rates, and Making Findings. (Mike Berger, Public Works Director) Action: Adopted as Resolution 65-2023.
Open Public Hearing: 6:44 PM
Public Comment: Francis Larsen, Stephen Gerardi, Fred Allebach, and Bill Botieff.
Closed Public Hearing: 6:58 PM
City Clerk Barr reported that 33 qualified protest letters had been received, which did not meet the required threshold.
Motion by Council Member Wellander, seconded by Council Member Farrar-Rivas, to Adopt a Resolution Adopting the 2018 Water Rate Study Final Report, Adopting Water Utility Rates, and Making Findings. Motion carried 3-0-0-2, with Vice Mayor Gurney, Council Member Wellander, and Council Member Farrar-Rivas voting YES, and Mayor Lowe and Council Member Ding absent.
8. REGULAR CALENDAR – CITY COUNCIL
Item 8.1: A Resolution Establishing a Disclosure of Ex Parte Communications Policy (Jennifer Gates, AICP, Community Development Director)
Action: Adopted as Resolution #66-2023.
Public Comment: Fred Allebach and Carole Campbell
Motion by Council Member Farrar-Rivas, seconded by Vice Mayor Gurney, to Adopt a Resolution Establishing a Disclosure of Ex Parte Communications Policy. Motion carried 3-0-0-2 with Vice Mayor Gurney, Council Member Farrar-Rivas, and Council Member Wellander voting YES, and Mayor Lowe and Council Member Ding absent.
Item 8.2: FY 23-24 Planning Commission Annual Work Plan (Jennifer Gates, AICP, Community Development Director)
Action: FY2023-24 Planning Commission Annual Work Plan was approved.
Public Comment: Fred Allebach
Motion by Council Member Wellander, seconded by Council Member Farrar-Rivas, to Approve the FY2023-24 Planning Commission Annual Work Plan. Motion carried 3-0-0-, with Vice Mayor Gurney, Council Member Farrar-Rivas, and Council Member Wellander voting YES and Mayor Lowe and Council Member Ding absent.
9. COMMENTS FROM THE PUBLIC
Fred Allebach provided public comment.
10. ADJOURNMENT
Vice Mayor Gurney adjourned the meeting at 7:47 pm.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Sonoma City Council on the 18th day of October 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Oct 2023
Department
Finance
Staff Contact
Chuck McBride, Interim Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of September 2023 Summary
The attached report shows disbursements for the month of September 2023. This is a new format that was introduced to the Finance Committee at the September meeting.
The new format includes a summary of revenue to date, monthly expenditures by fund, year to date expenditures by fund, the fiscal year budget by fund and the percent of budget spent to date by fund.
A detailed list of disbursements is available on the City's website and can be accessed at the link indicated on the report. Detailed lists for July and August can be found at this link as well.
These reports represent the current fiscal year.
Moving forward, monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents
Recommended Council Action
Accept the report.
Alternative Actions
Council discretion.
Financial Impact
Monthly General Fund expenditures totaling $1,400,690 and Other Funds totaling $2,070,681.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
September 2023 Disbursements Report
Alignment with Council Goals:
Agenda Item #7.3:
Compliance with Climate Action 2020 Target Goals:
CC:
n/a
Agenda Item #7.3:
DISBURSEMENT REPORT September 2023
Year to Date Monthly Year to Date Annual Percent of
Fund Revenue Expenditure Expenditure Budget Budget
General Fund 30000 1,973,956 24,256,842 8%
City Council 41001 7,758 34,796 153,023 23%
City Clerk 41002 66,291 134,415 393,433 34%
City Manager 41003 67,809 419,841 1,314,858 32%
Finance 41004 29,934 223,200 801,131 28%
City Atorney 41005 6,385 6,537 337,914 2%
Police 42101 264,588 682,612 6,499,239 11%
Fire 42201 566,588 2,271,495 7,789,458 29%
Public Works - Admin 43020 28,446 125,460 536,512 23%
Public Works - Streets 43022 57,908 297,387 1,081,664 27% Public Works - Parks 43023 99,165 422,212 1,428,277 30% Planning 43030 46,110 308,542 1,270,847 24%
Building 43040 56,512 328,484 1,019,840 32%
Community Activities 43101 62,600 276,565 930,926 30%
Successor Agency 43199 4,472 34,670 205,251 17%
Non-Departmental 43200 36,124 134,585 771,335 17%
Transfers 833,749 - 0% Total Gen Fund Exp 1,400,690 5,700,802 25,367,457 22% Other Funds
Public Education & Gov 202 10,532 - - 59,061 0%
Abandoned Vehicle 240 - 1,936 1,936 - 0%
Streets/Transpor/Drain 301 - 6,788 408,767 3,470,610 12% Gas Tax 302 56,021 4,052 57,918 510,000 11%
Parks & Facilities 304 - 85,000 0%Successor Agency 391 - - 60,869 2,630,651 2% Cemeteries 501 29,024 18,607 103,646 509,532 20%
Cemetery Endowment 504 3,231 - - 50,000 0%
Water Utility 510 2,134,022 387,045 1,102,233 6,555,949 17% Water CIP 512 - - 18,730 400,000 5%
Mgmt Information Srvcs 601 80,496 53,321 89,576 542,393 17% Vehicle Replacement 603 53,965 197,325 197,325 536,000 37% Bulding Maintenance 610 50,730 - - 305,000 0%
Grants Restricted 630 359,663 - - - 0%
IGT 796 - - 77,429 440,000 18%
SVFRA Operations 798 15,285 917 1,704 - 0%
TOTAL 4,766,925 2,070,681 7,820,935 41,461,653 19%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.3:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Oct 2023
Department
Administration
Staff Contact
Chuck McBride, Interim Finance Director,
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Designating Signatories on City of Sonoma Financial Institution Accounts Summary
The Government Code (40602) authorizes the Mayor to sign all warrants, and by ordinance and subsequent resolution, the City Council authorized certain staff to sign checks via Chapter 2.08.260 and 2.08.2700 of the Municipal Code and Resolution #37-2019.
In keeping with internal control guidelines, there should be a separation of duties between staff who prepare the checks and authorized staff who sign them. Invoices are originally reviewed by the department supervisor or manager and then the appropriate Department Head for correct coding to the general ledger. Once this process is complete, they are sent to Finance to be processed. In Finance, vouchers are entered into the City’s financial accounting system and reviewed for proper coding and budget availability, after which checks are printed and prepared for signature. No member of the Finance Department, including the Finance Director, is authorized to sign checks to preserve separation of duties and proper internal controls.
The City has Resolution #37-2019 (Attachment A), authorizing any of five individuals to sign checks – Mayor, City Manager, City Clerk, Administrative Services Manager, and Development Services Director/Building Official. Per the resolution, two signatures are required on the checks.
Currently, two members of staff review and sign checks. This complies with the resolution and provides a more thorough review of what is being paid.
The attached Resolution replaces the title of Administrative Services Manager with Human Resources Manager to accurately reflect the appropriate title as included on the approved salary scale. The other change is to remove the Development Services Director/Building Official as an authorized signer and adding the Community Development Director.
The resolution outlines parameters for the use of a stamped signature. All checks are handsigned by two authorized signatories. On rare occasions, a stamped signature is used after an electronic review of the check register by the signatory whose stamp will be used.
In most cities, a check endorser machine is used to affix signatures after a review of payments. City staff is exploring these options.
Recommended Council Action
Adopt a resolution designating signatories on City of Sonoma financial institution accounts.
Agenda Item #7.4:
Alternative Actions
Council discretion.
Financial Impact
No direct financial impact.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution _37-2019 (Attachment A)
Bank Signatories Resolution
Alignment with Council Goals:
Not Applicable
Compliance with Climate Action 2020 Target Goals:
N/A
CC:
N/A
Agenda Item #7.4:
Q?itpof éunnma
RESOLUTION # 7 - 2019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA DESIGNATING
SIGNATORIES ON CITY OF SONOMA FINANCIAL INSTITUTIONACCOUNTS BE IT RESOLVED, the following classifications are hereby authorized as signatories on the City of Sonoma Financial Institution Accounts:
Mayor
City Manager
City Clerk
Administrative Services Manager
Development Services Director/ Building Official
BE IT FURTHER RESOLVED, that two (2) of the following five (5) signatories shall be required on City checks and/or instruments of transfers or withdrawals.
BE IT FURTHER RESOLVED, that signature stamps shall only be used when a number of signatories are unavailable to physically sign check. In this case, corresponding accounts payable detail reports must be provided electronically for review and approval. This will allow the signature stamp of that electronic reviewer to be used. An email stating the electronic review and approval of use of the signature stamp will be included with the check warrants if this occurs. There must always be one authorized physical signature on City checks and/or instruments of transfers or withdrawals.
Mayor
City Manager
City Clerk
Administrative Services Manager
Development Services Director/ Building Official
ADOPTED this 19”‘day of August 2019 by the following vote:
AYES: AGRIMONTI,COOK, HARVE ,H NDLEY, HARRINGTON
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Reb ka Barr, MMC,City Clerk
ATTACHMENT AAgenda Item #7.4:
City of Sonoma
RESOLUTION # ______ - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA DESIGNATING
SIGNATORIES ON CITY OF SONOMA FINANCIAL INSTITUTION ACCOUNTS BE IT RESOLVED, the following classifications are hereby authorized as signatories on the City of Sonoma Financial Institution Accounts:
Mayor
City Manager
City Clerk
Human Resources Manager
Community Development Director
BE IT FURTHER RESOLVED, that two (2) of the following five (5) signatories shall be required on City checks and/or instruments of transfers or withdrawals.
BE IT FURTHER RESOLVED, that signature stamps shall only be used when a number of signatories are unavailable to physically sign check. In this case, corresponding accounts payable detail reports must be provided electronically for review and approval. This will allow the signature stamp of that electronic reviewer to be used. An email stating the electronic review and approval of use of the signature stamp will be included with the check warrants if this occurs. There must always be one authorized physical signature on City checks and/or instruments of transfers or withdrawals.
Mayor
City Manager
City Clerk
Human Resources Manager
Community Development Director
PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Sandra Lowe, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Oct 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution to Approve a Permanent Lighting Installation on the Canary Island Palm Located on the Front Historic Lawn of the Sonoma Plaza and to Accept a Monetary Donation From Rotary Club Sonoma Sunrise to Cover Expenses Associated with the Requested Installation of Permanent Lights
Summary
Rotary Club Sonoma Sunrise approached the City Manager in the winter of 2023 with an inquiry/request to keep the lights turned "On" the Canary Palm (Palm) located on the front historic lawn past the de-install date of mid-January. The lighted palm is a beacon during the long dark days of winter and is one of the most photographed images in Sonoma. City staff working with the Sonoma Valley Visitors Bureau and their lighting vendor Holiday Light Pros was able to accommodate the request on trail basis through May of 2023, by utilizing the existing lights which were installed as part of the 2022 holiday lighting installation.
City staff has researched the impact of permanently lighting the Palm on migratory birds and resident birds and even though it was deemed to be minimal, City staff is recommending the following lighting schedule to avoid any impacts on the migratory and resident birds:
1. Lights will turn on the third weekend in November (at the lighting of the Plaza event) through March operating from dusk until midnight.
2. From April through mid-May the lights will operate from dusk until 10pm.
3. From mid-May through the end of August the lights will operate from dusk until midnight.
4. For the month of September, the lights will operate from dusk until 10pm.
5. October through the third weekend in November, the lights would be turned off completely.
This plan would mitigate any impacts on the migratory birds and provide a period where the lights would be off prior to the official seasonal lighting in November. This has been discussed with both Rotary Club Sonoma Sunrise and the Visitors Bureau and aligns with the Lighting of the Plaza event which occurs on the third Saturday in November.
In order to continue with the lighting of the Palm the lighting vendor has recommended installing the lights in a more permanent manner which requires wrapping the fronds individually, which takes longer and utilizes more strands, but easier and cheaper to maintain.
They will also examine the fronds to ensure they are wrapping the newer growth and not the ones which will drop in the immediate future.
City staff has provided Rotary Club Sonoma Sunrise with a detailed quote which will cover the cost of the permanent installation. The Rotary Club Sonoma Sunrise would like to make a donation to the City of Sonoma to cover the costs associated with keeping the palm tree light "on" as described above not to exceed $7,861.25. The final cost will be determined once the Agenda Item #7.5:
project is complete and will account for any funds previously provided to support the lighting of the tree in 2023. In addition, the Rotary Club Sonoma Sunrise will furnish a recognition plaque to be installed in coordination with City forces.
In September 2020, the City Council adopted, by resolution, the Memorials and Donated Improvements Acceptance Policy, which is attached as Exhibit A. The purpose of this policy is to establish guidelines, standards, and procedures for the installation and care of memorials such as park benches or plaques, and donated park and facility improvements in the City of Sonoma. The policy was established to ensure that appropriate oversight is provided in preserving our City parks.
In accordance with the City's policy, Rotary Club Sonoma Sunrise has completed the appropriate application (Exhibit B) and staff has fully vetted the cost associated with the request, which was supplied to and agreed to by the applicant (Exhibit C). If approved by City Council, City staff will be responsible for contracting with the lighting contractor, who will be responsible for ensuring the installation. This donation is categorized as park enhancement and meets the parameters outlined within the attached policy. If approved by City Council City staff will try to coordinate and complete the work as part of the larger lighting installation, but it will depend on the availability of the lighting contractor.
Recommended Council Action
Adopt a resolution approving the lighting of the Canary Palm Tree located on the historic front lawn of the Sonoma Plaza and accepting the cash donation to the City of Sonoma to cover the installation of permanent light installation, being made by Rotary Club Sonoma Sunrise.
Alternative Actions
Council discretion.
Financial Impact
If the Council accepts the donation the financial impact will be covered by Rotary Club Sonoma Sunrise donation. It will cover the full amount of the lighting installation which includes the professional lighting contractors invoice. The City of Sonoma will be responsible for the electricity required to power the lights.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Accepting Rotary Club Donation
Exhibit A - City of Sonoma Memorials and Donated Improvements Acceptance Policy Exhibit B - Donation Form
Exhibit C - Quote- Sonoma Palm LED 5mm
Alignment with Council Goals:
Agenda Item #7.5:
Compliance with Climate Action 2020 Target Goals:
N/A
CC:
N/A
Agenda Item #7.5:
City of Sonoma
RESOLUTION # _______ - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING A
LIGHTING SCHEDULE FOR THE CANARY ISLAND PALM LOCATED IN THE HISTORIC
FRONT LAWN OF THE SONOMA PLAZA AND ACCEPTING A MONETARY DONATION FROM
ROTARY CLUB SONOMA SUNRISE TO COVER THE EXPENSES ASSOCIATED WITH
PERMANENTLY INSTALLING STRING LIGHTS ON THE CANARY ISLAND PALM WHEREAS, Sonoma Valley Visitors Bureau has been lighting the trees in the Plaza for many years and the installation is temporary running between the third Saturday in November through the first of the year; and
WHEREAS, Rotary Club Sonoma Sunrise requested that the Canary Island Palm, located on the front historic lawn of the Sonoma Plaza, which is a central beacon within the City remain lighted through the winter and spring of 2023, for a trial period; and WHEREAS, Rotary Club Sonoma Sunrise has requested the lights be left on the Canary Island Palm in a more permanent manner, City staff has identified that as the period being from the third weekend in November which coincides with the Lighting of the Sonoma Plaza event, produced by Sonoma Valley Visitors Bureau through the end of Sonoma’s Tuesday Night Market season (last Tuesday in September), this timeline would allow for the celebratory element of lighting the Palm Tree to occur as part of the long standing tradition of the event; and WHEREAS, City staff working with the lighting vendor has identified a more permanent installation method of wrapping each of the fronds independently, which should reduce maintenance and ultimately keep maintenance costs low; and WHEREAS, City staff researched the impact of the lighting installation on the effects of migratory and resident birds, and it was noted to be of minimal impact but information helped develop the operation schedule to mitigate any potential impacts, and WHEREAS, the operation of the lights will follow the following schedule:
1. Lights will turn on the third weekend in November (at the lighting of the Plaza event) through March operating from dusk until midnight.
2. From April through mid-May the lights will operate from dusk until 10pm.
3. From mid-May through the end of August the lights will operate from dusk until midnight.
4. For the month of September, the lights will operate from dusk until 10pm.
5. October through the third weekend in November, the lights would be turned off completely, and
WHEREAS, City staff has provided Rotary Club Sonoma Sunrise with a cost estimate for the work and they have agreed to make a monetary donation to the City of Sonoma to cover the installation costs; and
WHEREAS, the City Council of the City of Sonoma adopted the revised Memorial and Donor Acceptance Policy on September 21, 2020; and
WHEREAS, the revised policy established a uniform policy and set of procedures for the acceptance of capital gifts to the City, including memorials, recognition items, and other capital improvements; and
WHEREAS, the policy provides a formal process for acceptance and documentation of donations including memorials and other capital gifts made to the City of Sonoma and confirm that the City has relevant and adequate resources to administer such donations; and Agenda Item #7.5:
WHEREAS, the policy also ensures that the placement of capital projects, memorials, plaques or other recognition items are suitable for the location proposed, in terms of overall number of such items, correlation with existing or future City plans or projects, and correspondence with existing or planned streetscapes; and
WHEREAS, the policy ensures that memorials or other capital gifts are appropriate for the City and can be maintained properly so as to provide a long-term asset to the City; and WHEREAS, City staff has reviewed the request to ensure that it complies with the City of Sonoma’s Memorial and Donor Acceptance Policy to ensure that it is appropriate for the City and can be maintained properly so as to provide a long-term asset to the City, in this case the longterm enjoyment of the community and visitors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma accepts the financial donation contained in Exhibit A, and will ensure the Canary Palm Lights stay on using the proposed operation schedule between the third week in November through September.
PASSED, RESOLVED AND ADOPTED at a Regular meeting of the City of Sonoma City Council on this 18th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Sandra Lowe, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:
Exhibit A
City of Sonoma
Memorials and Donated Improvements Acceptance Policy
POLICYPURPOSE:To establish guidelines, standards and procedures for the installation and care of memorials such as park benches or plaques, and donated park and facility improvements in the City of Sonoma. This policy has been established to ensure that appropriate oversight is provided in preserving our City parks.
POLICYSTATEMENT: Public parks and recreation facilities are the property of the City and maintained for the benefit of all City residents. The City desires to encourage donations while at the same time managing aesthetic impacts, mitigating ongoing maintenance costs and balancing the overall value of public space. The placement of any memorial item or other recognition as the result of a donation or other contribution must be approved by the City and provide benefit to City residents and all users of the facilities while not negatively impacting City resources. Each donation is unique and the City Council has the authority to determine ifthe donation is in the City's interest.
I. PARAMETERS
A. Donations may be accepted from public and private sources for the purposes of enhancing City parks and facilities. Donations might be a financial contribution and/or a donation of a direct amenity/physical property.
The City and the community have a high interest in ensuring that park elements be of high quality related to style, appearance, durability, and ease of maintenance.
The City has an interest in ensuring the best appearance and aesthetic quality of their public facilities. Park and facility elements and/ortheir associated donation acknowledgements should reflect the character of the park or facility. Allpark or facility elements will be installed in such a manner that willnot substantially change the character or aesthetics of a park or facility and its intended use. Allcosts associated with the donation request, including asset materials, installation labor and materials, and administration and maintenance costs for useful life or designated period of time will be covered by the donor.
These donations may include, but are not limited to, park benches, plaques, donated amenities, and other types of park or facility accessories or enhancements. Acceptable donations are dependent upon the specific needs of the City of Sonoma.
Donations will be subject to the approval process outlined below.
PARKAND FACILITYIMPROVEMENT DONATIONS
A. Applications for a memorial park and facility improvement will be received and reviewed by the City Manager or his/herdesignee, with site selection review by the Public Works Department. The Public Works Department may coordinate with other City departments as needed or designate other departments to oversee certain aspects of the donation.
Agenda Item #7.5:
B. For unique donations or contributions such as statues and pavilions, or funding for new or upgraded park amenities, the City Council will review and determine the level of interest.
Before proceeding, the City and the interested individual or organization willenter into a Donor Agreement to create clarity of expectations for costs, donation, maintenance, plaques, and other items. This Donor Agreement willbe reviewed and approved by the City Council as part of their action regarding the donation.
Guidelines established by this policy apply toall donations made after the effective date of this policy. Donations made prior to the adoption of this policy shall be subject to applicable sections of this policy.
Standards established by this policy apply to purchased equipment, installation techniques, donation acknowledgements, and long-term care of all donations made afterthe adoption of this policy.
lll. MEMORIAL BENCHDONATIONS
A. Approved Sites
The Public Works Department willdetermine the approved sites for all park bench donations. Some sites may be deemed inappropriate for memorial benches. The approval process and administrative procedures for obtaining a memorial bench and/orplaque will be established by the Public Works Department in accordance with this policy.
1. Plaza Park: Memorial benches and plaques are not permitted in Plaza Park.
2. City-Owned Bike Paths and Neighborhood Parks: The Public Works Department allows for the donation of funds for a memorial bench to be placed along City-owned bike paths, City—maintained bike paths, or other approved City-owned park or facility, subject to the conditions contained herein.
3. Montini Preserve:
a) A limited number of locations are available in the Montini Preserve along the trail or at the entrance for placement of a stone masonry memorial bench, consistent with the Sonoma County Agricultural Preservation and Open Space District Management Plan for the Montini Preserve. The bench design shall be consistent with similar benches located on the Overlook Trail.
Applications for a memorial bench on the Montini Preserve must be submitted in writing to the City Manager and will be considered in the order received until all available sites have been taken.
The term for donation of a memorial bench on the Montini Preserve will be ten years. At the end of the ten~year term, if current contact information is available, donors willbe given one opportunity to renew their donation for an additional ten~ year term. Ifthe donor cannot be reached or does not wish to renew the donation, the bench may be made available for others and the City will attempt to return the memorial plaque to the donor.
Allcosts for installation materials and labor and estimated maintenance costs, including any staff time for installation and design review and consultant costs for Agenda Item #7.5:
administration of the Montini Preserve bench program, will be included in the donated amount for the bench.
The City reserves the right to determine if certain bench locations are appropriate for more than one memorial plaque to provide for greater equity in distribution, and/orto provide the opportunity to lower the cost per individual donation.
4.Sonoma Overlook Trail:
a) Memorial benches currently exist at all approved locations along the Sonoma Overlook Trail.
b) Memorial benches along the Overlook Trail will be managed by the Overlook Trail Stewards and are not covered by this policy.
Approved Conditions
1.Thedonation term for a bench and/ora plaque is 10 years or the useful life of the bench, whichever comes first. This term applies to existing memorial bench donations as well as to future donations. At the end of the donation term, if current contact information is available the donor will be given the opportunity to renew their donation for one additional term. Ifthe City is unable to locate the current donor, or ifthe current donor chooses not to renew the donation, the bench or plaque may be removed to allow for other donations. The family may request to have the memorial plaque returned to them by contacting:
City of Sonoma
PublicWorks Department
No.1 The Plaza
Sonoma, CA95476
To the extent practicable, the Donor may be contacted at the end of the donation term to ascertain whether the donor would like the plaque returned.
2.Al| benches willmeet the standards of the City for design, durability, and construction. Once the donation has been received and approved, the Department will purchase and install the bench (by contract or City staff). No custom benches willbe allowed.
3.Donated improvement amenities and/ortheir associated donation acknowledgements become City property. The City will provide for normal maintenance and repair of the bench during its donation term or useful life. if bench removal is required during the donation term, due to deterioration or severe vandalism, the City is not responsible for replacement of the bench. The plaque will either be installed on another bench or returned to the Donor if current contact information is available. Additionally, the City reserves the right to relocate the bench if unforeseen circumstances arise due to its location or setting.
4.Memorial plaques shall meet the following restrictions:
a) No listing life span (birth and death dates)
b) No profanity, obscenities, hate speech, or inappropriate references c) No symbols or pictures
d) English or Spanish language only, unless a verified translation is provided Agenda Item #7.5:
lV.
e) Allplaques shall be the City standard
f) No custom plaques
5.The City will procure and install a small metal plaque on a Memorial Bench to honor the individual memorialized. The plaque size, font, and design specifications as well as approval of the message, willbe at the discretion ofthe PublicWorks Director or his/herdesignee.
6.0nly individuals or pets may be honored with a memorial bench; organizations and groups willnot be considered.
7.The donation amount for each bench will be based on the type of bench and location. a) Bike Path and Neighborhood Park Benches --The donation amount per bench covers the cost of the bench, installation, administration and maintenance. Each standard bench can support three memorial plaques. Donors have the option of sharing in the cost of a bench by contributing a share of the bench donation amount, or they may donate for the entire bench with just one memorial plaque. Ifthe donor wishes to contribute a plaque on a shared bench, the City willwait until the full bench donation amount is received before purchasing and installing the bench. b) Montini Preserve Bench -— The donation amount per bench covers the cost of the bench, installation, administration and maintenance. Each bench can support one or more memorial plaques. Donors have the option of sharing in the cost ofa bench. ifthe donor wishes to contribute to a shared bench, the City willwait until there are the identified number of donors before purchasing and installing the bench and memorial plaques. C
8.The donation must be received in full before the City will initiate the bench and/orplaque ordering process.
OTHER UNIQUEDONATIONS
There may be additional possible donations other than those expressly listed or contained within this policy. The City willconsider those donations subject to a review by the appropriate City commissions or committees, and approval by the City Council.
A. Conditions
The City of Sonoma reserves the right to remove and/orrelocate donated park elements and their associated donation acknowledgements/memorial plaques if and when they interfere with site safety, maintenance, or construction activities. it shall be the responsibility of the donor to provide the City with current contact information for purposes of notification regarding their donation. The City will attempt to contact each identifiable donor notifying the donor of any action related to the disposition of the donation. In certain circumstances, such as safety or emergency situations, the notification may be made after Agenda Item #7.5:
the action is taken. In the event a donation must be permanently removed, the City willseek an alternative location consistent with this policy.
Approval Process for Unique Donations and Donor Agreement Applications for donation of capital projects willbe received by the City Manager or his/herdesignee. Ifthe City Manager deems the application appropriate for further consideration, he/shewill designate the appropriate staff person for site and project review.
City Council will provide the final approval or disapproval for such projects.
Allapplications will be subject to the regular permit requirements of the City of Sonoma unless waived by the City Council.
Allcosts, including any staff time for review and installation, will be included in the donor agreement amount.
Allsuch capital assets become the property of the City of Sonoma, unless otherwise designated. As such, these assets may be removed ifsaid asset is not included in future City plans or capital improvement projects.
Maintenance of such capital assets may become the responsibility of the City of Sonoma. A financial contribution for future maintenance may be required. in considering a request for the approval and acceptance of memorials and other capital gifts to the City, Council shall weigh the following policy considerations: a. Compatibility with City infrastructure, with existing or future projects, and with existing or planned streetscapes;
Maintenance needs for the gift being donated;
Contribution of the individual or organization to the well—beingof the City and the overall community;
Number and type of other memorials or other capital gifts in the immediate area or the community at large.
A written Donor Agreement will be required that formalizes the project sponsor's requirements and responsibilities.
During construction, the City willinspect the project to ensure that it is being constructed as per specifications. Upon completion of the project, the City will conduct a final inspection and provide a punch list to the project sponsor. After completion of punch list items, the project will be accepted by the City.
Agenda Item #7.5:
EXHIBITB
City ofSonoma
No. 1 The Plaza
Sonoma CA 95476
DONOR APPLICATION
EIEXISTINGDONOR ElNEWDONOR
DONOR/CONTACTPERSON:TZOTAIZ-\'l CC-UE0|: SC9'~‘0"V\/3°§U’~5lZ\$"-'7 DONOR MAILING ADDRESS: ?0 ‘ED 74 H02 ?vklo?kg (A O‘541 I” Street or P.O.Box City State Zip
DAYTIME PHONE: CELLPHONE(T07)q 53'7‘ll?>EMA1L:R0TA\z‘L5 0'40 M A9U'\lKl$E@.é<Mr-kt L . GEM DOLLARAMOUNT or DONATION:
"' I401’T5 E-KCEEE .6 bl *' Zg
SPECIFICUSEOFFUNDS: Ikl5'l73kLLA’l'\—OlQ DF Ll(:rl-lT|N(:t ONTHE ‘PALM42% 1M Filpm‘ or am \—\Ai.L.
SUPPORTING DOCUMENTATION INCLUDED: D YES E NO
Please make checks payable to "City of Sonoma". Credit card payments can be made in-person at the City Hall during om: ta]
I understand that submitt f thi a lication does not guarantee approval. , ,‘ Applicant's Signature: 1‘ ‘ Awe mnzuef DONOR AGREEMENT Page 1 of 1 Agenda Item #7.5:
EXHIBIT C Agenda Item #7.5:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Oct 2023
Department
Planning and Community Services
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Creation of an General Plan Update Task Force
Summary
On May 17, the City Council approved a contract with De Novo Planning Group to help prepare the General Plan Update. Since contract execution, the consultant has been preparing the existing conditions report and the project website, as well as preparing for the joint City Council and Planning Commission kick-off meeting planned for October 11.
As part of the process, the City Council requested the City create a General Plan Update Task Force to provide diverse perspectives (demographic, geographic, social, economic, lived experience, etc.) while developing the General Plan Update. The Task Force will ensure our diverse community needs and vision for the future are being heard and incorporated to the extent possible. The Task Force will act in an advisory capacity with input and suggestions documented and presented to decision-making bodies such as the Planning Commission and the City Council.
On September 18, 2023 City Council adopted Resolution 63-2023 establishing the Task Force and appointing the Mayor and Vice Mayor as to make the final recommendation on the Task Force membership. Each City Council member shall provide staff with two potential candidates to represent the City and one potential candidate from Sonoma Valley with professional background, expertise, or education in: transportation, parks and recreation, land use, housing, business, economic development, cultural or historical resources, environment and/or environmental justice. The following is the list of recommended appointees. Steve Pease (City of Sonoma)
Sharon Somogyi (City of Sonoma)
Simon Blattner (City of Sonoma)
Jon Wheeler (City of Sonoma)
Kelso Barnett (City of Sonoma)
Amy Meza Gallagher (Sonoma Valley)
Gerardo Guzman (Sonoma Valley)
All other candidates recommended will remain as alternates to be considered by the Mayor and Vice Mayor for appointment to the Task Force if any members above resign from the Task Force during the General Plan Update process.
The meetings of the Task Force will be open to the public and held under the Brown Act.
Environmental Review:
This action is exempt from the environmental review under CEQA Guidelines Section Agenda Item #7.6:
15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and Section 15306, which exempts data collection and research. The action before the City Council is to provide input of further direction, as appropriate, which may inform how future work will be conducted.
Environmental review for the General Plan will be considered separately and for any resulting future projects.
Recommended Council Action
Appoint the seven members of the General Plan Update Task Force membership.
Alternative Actions
Council discretion.
Financial Impact
There is no financial impact from this action.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Alignment with Council Goals:
Compliance with Climate Action 2020 Target Goals:
N/A
CC:
N/A
Agenda Item #7.6:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Oct 2023
Department
Police
Staff Contact
Brandon Cutting, Police Chief
Agenda Item Title
An Ordinance an Adding Chapter 9.93 to Title 9 of the Sonoma Municipal Code Regulating the Safe and Secure Storage of Firearms
Summary
Several California State and Federal laws have been developed to regulate the storage of firearms in a person’s place of residence. The existing California law (California Penal Code 25100) states that a firearm must be stored in a “secure” way when a child is likely to gain access to the firearm. The definition of “secure” is very subjective from the firearm being hidden from a child, to being stored unloaded and secured with a state approved locking device or container. Municipalities across Sonoma and Napa Counties have or are in the process of adopting similar ordinances directed at clarity for the words “secure” in the California Penal Code.
Each year, there are approximately 110 unintentional firearm related deaths in children from 1-14 years old, nationally. When a firearm is properly secured with a California Department of Justice Bureau of Firearms approved and rostered locking device and/or locked container, these unintentional deaths can be eliminated. A proper locking device will also reduce the number of intentional deaths as the result of an unsecured firearm being located and used by a person in a mental health crisis.
With the commitment of the City Council in creating an ordinance that provides clarity and direction to the Sonoma community with the definition of a “secure” firearm, no loss of existing gun ownership laws or issued firearm permits will be affected by this ordinance. This is an endorsed method of firearm storage by the International Association of Chiefs of Police and the American Academy of Pediatrics. The National Rifle Association (NRA) has published that the safe storage of firearms in homes with children consists of the firearm being unloaded and stored in or with a locking device.
Due to the inherent risks in not keeping a firearm locked, staff is recommending that the City Council adopt the ordinance defining what constitutes a securely stored firearm when not in the immediate lawful control of an adult. A violation of this ordinance would constitute a misdemeanor unless the prosecuting attorney reduces this to an infraction in the interest of justice. This punishment is conducted in accordance with Sonoma Municipal Code 1.12.010.
Recommended Council Action
Adopt the ordinance.
Alternative Actions
Deny request or require an alternative action.
Agenda Item #9.1:
Financial Impact
There is no financial impact as the result of this ordinance.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance
California Penal Code Section 25100- Criminal Storage of Firearm Alignment with Council Goals:
Not Applicable
Compliance with Climate Action 2020 Target Goals:
N/A
CC:
N/A
Agenda Item #9.1:
City of Sonoma
ORDINANCE # _____ - 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
ADDING CHAPTER 9.93 TO TITLE 9 OF THE SONOMA MUNICIPAL CODE
REGULATING THE SAFE AND SECURE STORAGE OF FIREARMS
WHEREAS, the City Council of the City of Sonoma does not presently regulate firearm storage within residential locations; and
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally; and
WHEREAS, improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children; and
WHEREAS, in California, numerous people lose their lives each year from injuries related to firearms, and many more are hospitalized for non-fatal gunshot wounds; and WHEREAS, each year, there are approximately 110 unintentional firearm deaths of children ages 0–14 in the United States; and
WHEREAS, having a loaded or unlocked firearm in the home has been associated with an increased risk of firearm-related injury and death, as well as theft of the firearm; and WHEREAS, a firearm stored while loaded or unlocked increases the risk of an accidental shootings; and
WHEREAS, children are particularly at risk of injury and death, or causing injury and death, when they can easily access guns in their own homes or homes that they visit; and WHEREAS, quick access to a loaded firearm heightens the risk that an impulsive decision of an adult or child to commit suicide will be carried out without reflection or seeking help, and that the impulsive attempt will be fatal; and
WHEREAS, utilizing gun locks or lock boxes when storing firearms in the home reduces the risk of firearm injury and death, as well as theft; and
WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be accessed nor used by others without the owner’s knowledge or permission, decreasing the risk that the firearm will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally; and
WHEREAS, both gun control and gun rights activists, including the National Rifle Association, endorse the use of locking devices when storing firearms to ensure that unauthorized and untrained persons cannot access firearms to inflict injury or cause death; and Agenda Item #9.1:
WHEREAS, requiring stored, unsupervised firearms to be secured with gun locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home and is consistent with the county’s historical tradition of firearms regulation; and WHEREAS, the City Council of the City of Sonoma finds that requiring safe storage of firearms inside a residence would constitute a sensible safety regulation and would not be unduly burdensome for firearm owners.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Chapter 9.93 is added to the Sonoma Municipal Code to read as follows:
Chapter 9.93 Safe and Secure Firearm Storage
9.93.010 Purpose and intent.
9.93.020 Definitions.
9.93.030 Prohibitions.
9.93.040 Exception.
9.93.050 Penalty.
Section 9.93.010. Purpose and intent.
It is the purpose and intent of this Chapter to provide clear and definable storage procedures to promote safety and security relating to firearms possessed inside a residence when the firearms are not in the immediate control of the lawful owner.
Section 9.93.020 Definitions.
For the purposes of this chapter, the following defined terms shall have the meaning set forth in this section:
A. “Firearm” means a firearm as defined in Penal Code Section 16520, as may be amended from time to time.
B. “Locked container” means a locked container as defined in Penal Code Section 16850, as may be amended from time to time, and which is listed on the California Department of Justice Bureau of Firearms’ roster of approved firearm safety devices.
C. “Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), mobile homes, and recreational and other vehicles where human habitation occurs.
D. “Trigger lock” means a trigger lock that is listed on the California Department of Justice Bureau of Firearms’ roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code Section 23635, as may be amended from time to time.
Section 9.93.030 Prohibitions.
No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock.
Agenda Item #9.1:
Section 9.93.040 Exceptions.
A. The requirements of section 9.93.030 do not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.
B. This chapter does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of a peace officer (as defined in Penal Code Section 830 et seq., as may be amended).
C. It is not the intention of this chapter to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.
Section 9.93.050 Penalty.
Every violation of this chapter shall:
A. Constitute a misdemeanor, unless the prosecuting authority determines that the interest of justice requires the violation to be prosecuted as an infraction, either of which is punishable in accordance with SMC 1.12.010;
B. Constitute a public nuisance;
C. Constitute a violation of the Sonoma Municipal Code within the meaning of chapters
1.12, 1.28 and 1.30 of this code; and
D. Be enforceable by the city using any other enforcement remedies under law and this code.
Each and every day that a violation of this chapter exists constitutes a separate offense.
SECTION 2. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance sets requirements for safe storage of firearms in residential locations, and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.
SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsections, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the cat that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933, subdivision (c)(1).
Agenda Item #9.1:
SECTION 6. This Ordinance Prevails Where There is Conflict. To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of October 2023.
* * * * * *
APPROVED:
___________________________
Sandra Lowe, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
Date: ____________________
* * * * * *
State of California )
County of Sonoma )
City of Sonoma )
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on this 18th day of October 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.1:
State of California
PENAL CODE
Section 25100
25100. (a) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the first degree” if all of the following conditions are satisfied:
(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm. (3) The child obtains access to the firearm and thereby causes death or great bodily injury to the child or any other person, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes death or great bodily injury to themselves or any other person. (b) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the second degree” if all of the following conditions are satisfied:
(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm. (3) The child obtains access to the firearm and thereby causes injury, other than great bodily injury, to the child or any other person, or carries the firearm either to a public place or in violation of Section 417, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes injury, other than great bodily injury, to themselves or any other person, or carries the firearm either to a public place or in violation of Section 417.
(c) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the third degree” if the person keeps any firearm within any premises that are under the person’s custody or control and negligently stores or leaves a firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child’s parent Agenda Item #9.1:
or legal guardian, unless reasonable action is taken by the person to secure the firearm against access by the child.
(Amended by Stats. 2019, Ch. 840, Sec. 6. (SB 172) Effective January 1, 2020.) Agenda Item #9.1: