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, November 1, 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 (Gurney, Wellander, Ding, Farrar-Rivas, Lowe)
PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings
REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.
2. MEETING DEDICATIONS
3. 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: Recognition of Nick Moline & Charles Mutscheller for their Distinguished Service to the City of Sonoma (Mike Berger, Public Works Director/City Engineer)
6.2: Recognition of Deputy Justin Clayton and Deputy Carson Schilling in Honor of their Receiving the Medal of Valor Award from the California State Sheriffs' Association (Brandon Cutting, Police Chief)
6.3: Presentation on the Proposed Improved and Enhanced Local Fire Protection, Paramedic Services, and Disaster Response Initiative and Sales Tax Petition (Steve Akre, Fire Chief)
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 18, 2023 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the minutes.
10.18.2023 Regular Meeting Minutes
4 - 5
7.3: Adopt a Resolution Cancelling the Regular Meeting Scheduled for December 4, 2023, and Scheduling a Regular Meeting on December 6, 2023 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the Resolution.
Agenda Report - Regular Meeting Cancellation and Addition - Pdf 6 - 7
7.4: Adopt 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 - Adoption - Gun Safety Ordinance - Pdf
8 - 15
8. PUBLIC HEARING
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
9.1: Update on Pacific Gas & Electric Company’s Potter Valley Project and Support for Inclusion of Proposal in the Draft License Surrender Application for the Potter Valley Project (David Guhin, City Manager and Mike Berger, Public Works Director/City Engineer)
RECOMMENDATION: Receive an update on Pacific Gas & Electric Company’s Potter Valley Project and consider the City of Sonoma City Council to authorize its WAC member to sign a joint letter of support for the proposal made on July 31, 2023 (as revised on August 3) for inclusion in Pacific Gas & Electric Company Draft License Surrender Application for the Potter Valley Project.
Agenda Report - Potter Valley Project - Pdf
16 - 26
10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, 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 18, 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
Public Comment Process for ZOOM Attendance at Meetings
ROLL CALL
PRESENT: Vice Mayor Gurney, Council Member Farrar-Rivas, Council Member Wellander, Council Member Ding, and Mayor Lowe
REPORT ON CLOSED SESSION
There was no Closed Session held.
APPROVAL OF AGENDA
Motion by Council Member Farrar-Rivas, seconded by Council Member Ding, to approve the agenda with Item 3.0 being moved before Item 1.0. Motion carried unanimously.
1. COMMENTS FROM THE PUBLIC
Josette Brose-Eichar, Gil Latimer, and David Eichar provided public comments.
2. MEETING DEDICATIONS
None.
3. COUNCIL MEMBERS’ REPORTS AND COMMENTS
Council Member Ding attended a Sonoma County Board of Supervisors meeting on October 10, 2023.
Council Member Farrar-Rivas attended a Sonoma Clean Power Authority meeting on October 5, 2023. On October 11, 2023, she attended a joint special meeting between the City Council and Planning Commission to kick off the General Plan Update. Council Member Farrar-Rivas stated she met with her Design Review & Historical Preservation Commission direct appointee – Toni Thompson – last week. Mrs. Thompson sent in her resignation letter today.
Vice Mayor Gurney attended the Mountain Cemetery clean-up day held on October 7, 2023, along with Council Member Wellander. Vice Mayor Gurney then participated in a meeting with Sonoma County regarding shared services on October 11, 2023, along with attending the joint special meeting between the City Council and Planning Commission to kick off the General Plan Update.
On October 12, 2023, he attended a Sonoma Tourism Improvement District meeting. Mr. Gurney also attended Eraldi’s 100th Year Anniversary celebration on October 16, 2023.
Council Member Wellander attended the grand opening of MacArthur Place on October 17, 2023.
Mr. Wellander also made time to meet with Dave Kiff, Department of Health Services Homelessness Services Division Director, regarding homelessness in Sonoma Valley.
Mayor Lowe attended a Sonoma County Transportation Authority meeting on October 9, 2023.
She and her fellow council members attended a reception to honor Suzanne Smith, former Executive Director of Sonoma County Transportation Authority, in addition to attending the grand opening reception for MacArthur Place on October 17, 2023.
4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin provided an update on the clean-up efforts at the City cemeteries. The City has held two volunteer days so far, and another one is scheduled for November 4, 2023. Mr. Guhin shared that the city currently has a few open positions: a senior planner, a finance director, and a building official. City Manager Guhin shared that the City Council and Planning Commission held a joint special meeting to kick off the General Plan Update. There are two community workshop meetings scheduled on November 2nd and 13th at the Vintage House starting at 6:00 p.m.
5. CITY ATTORNEY COMMENTS
None.
Agenda Item #7.2:
6. PRESENTATIONS
Item 6.1: Recognition of Maricarmen Reyes in Honor of her Receiving the Puente y Ganas Award from Los Cien
Item 6.2: Recognition of John Donnelly on the Occasion of his Retirement from the Sonoma Overlook Trail Stewards
7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Wellander, seconded by Council Member Farrar-Rivas, to approve the Consent Calendar as presented. 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 of the Regular Meeting of October 4, 2023 (Rebekah Barr, MMC, City Clerk)
Action: Minutes were received.
Item 7.3: Accept the Expenditure Report for the Month of September 2023 (Chuck McBride, Interim Finance Director)
Action: Expenditure report was accepted.
Item 7.4: Adopt a Resolution Designating Signatories on City of Sonoma Financial Institution Accounts (Chuck McBride, Interim Finance Director)
Action: Adopted as Resolution 67-2023.
Item 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)
Action: Adopted as Resolution 68-2023.
Item 7.6: Creation of an General Plan Update Task Force (Jennifer Gates, AICP, Community Development Director)
Action: Council appointed seven members to the General Plan Update Task Force, as presented.
8. PUBLIC HEARING
None.
9. REGULAR CALENDAR – CITY COUNCIL
Item 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)
Action: Ordinance was introduced.
Public Comment: Beth Hadley, Anne Chang, and Anna Chouteau.
Motion by Vice Mayor Gurney, seconded by Council Member Ding, to introduce the Ordinance Adding Chapter 9.93 to Title 9 of the Sonoma Municipal Code Regulating the Safe and Secure Storage of Firearms. Motion carried unanimously.
10. ADJOURNMENT
Mayor Lowe adjourned the meeting at 7:31 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Sonoma City Council on the 1st day of November 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Nov 2023
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Cancelling the Regular Meeting Scheduled for December 4, 2023, and Scheduling a Regular Meeting on December 6, 2023
Summary
Per Sonoma Municipal Code Section 2.01.010, the City Council is required to establish the date and time of each Regular Council meeting by resolution each year. The City of Sonoma City Council adopted its 2023 Meeting Calendar on December 14, 2022. In order to remain consistent with the City Council meeting dates and times, the Council would like to cancel the Regular Meeting scheduled for Monday, December 4, 2023, and schedule a Regular Meeting on Wednesday, December 6, 2023, instead.
Recommended Council Action
Adopt the Resolution.
Alternative Actions
Council discretion.
Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Meeting Cancellation and Addition Resolution
Agenda Item #7.3:
City of Sonoma
RESOLUTION # ______ - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA CANCELLING THE REGULAR MEETING SCHEDULED FOR DECEMBER 4, 2023, AND SCHEDULING A REGULAR MEETING ON DECEMBER 6, 2023.
WHEREAS, Section 2.01.010 of the Sonoma Municipal Code requires the City Council to establish, by resolution, the date and time of regular Council meetings; and WHEREAS, the City Council adopted its 2023 Meeting Calendar on December 14, 2022; and WHEREAS, the City Council has expressed the desire to reschedule the meeting originally scheduled for Monday, December 4, 2023, to Wednesday, December 6, 2023; and WHEREAS, it is desired to cancel the previously scheduled Regular Meeting on December 4, 2023; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that there will be a Regular City Council meeting scheduled for December 6, 2023.
PASSED, APPROVED AND ADOPTED at Regular meeting of the City of Sonoma City Council on this 1st day of November 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sandra Lowe, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Nov 2023
Department
Police
Staff Contact
Brandon Cutting, Police Chief
Agenda Item Title
Adopt an Ordinance Adding Chapter 9.93 to Title 9 of the Sonoma Municipal Code Regulating the Safe and Secure Storage of Firearms
Summary
On October 18, 2023, the Council held a public hearing to introduce an ordinance adding Chapter 9.93 to Title 9 of the Sonoma Municipal Code Regulating the Safe and Secure Storage of Firearms. The City Council is being asked to adopt the ordinance at this time. Upon adoption, the ordinance will go into effect 30 days later, on December 1, 2023.
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 an ordinance adding Chapter 9.93 to Title 9 of the Sonoma Municipal Code Regulating the Safe and Secure Storage of Firearms.
Agenda Item #7.4:
Alternative Actions
Council discretion.
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 SMC 9.93
California Penal Code Section 25100 - Criminal Storage of Firearm Agenda Item #7.4:
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 #7.4:
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 #7.4:
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 #7.4:
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 1st day of November 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 1st day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
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 #7.4:
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 #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Nov 2023
Department
Public Works
Staff Contact
David Guhin, City Manager
Michael Berger, Public Works Director
Agenda Item Title
Update on Pacific Gas & Electric Company’s Potter Valley Project and Support for Inclusion of Proposal in the Draft License Surrender Application for the Potter Valley Project Summary
Staff from Sonoma Water will provide an update on the planned license surrender and decommissioning of Pacific Gas and Electric (PG&E’s) Potter Valley Hydroelectric Project, as well as the recent proposal to PG&E from the Mendocino County Inland Water and Power Commission, the Round Valley Indian Tribes, and the Sonoma County Water Agency, that would advance a regional solution for preserving flows in the Russian River and improving Eel River fisheries.
Recommended Council Action
Receive an update on Pacific Gas & Electric Company’s Potter Valley Project and consider the City of Sonoma City Council to authorize its WAC member to sign a joint letter of support for the proposal made on July 31, 2023 (as revised on August 3) for inclusion in Pacific Gas & Electric Company Draft License Surrender Application for the Potter Valley Project.
Alternative Actions
Council discretion.
Financial Impact
There is no financial impact to this item.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Sonoma Water Potter Valley Presentation 11.1.2023
Joint Letter of Support - New Eel-Russian Facility Proposal Agenda Item #9.1:
Presented by:
Pamela Jeane, P.E., Sonoma Water
Potter Valley Project
Impacts and Efforts
City of Sonoma
November 1, 2023
Agenda Item #9.1:
Potter Valley Project
(PVP)
• Owned and operated by Pacific
Gas & Electric Co. for over 100
years
• Prior to 2007, an average of
150,000 acre-feet (AF) of water annually was transferred from the Eel River to the Russian River
• Between 2007 and 2021 the
transfer averaged about 60,000
AF per year
• This water source is critical to
Russian River water users
• This water also benefits migrating
threatened Chinook salmon
Photo from Sonoma Valley Sun Website
Agenda Item #9.1:
PG&E Decision to
Surrender
Date Action
November
2023
Prepare initial draft surrender
application including
decommissioning plan
May 2024 Prepare final draft surrender
application and decommissioning
plan
January
2025
Submit final surrender application
and decommission plan
Agenda Item #9.1:
Russian River
Impacts
• Impacts from decommissioning:
• Lake Mendocino is predicted to go dry
about 5 out of 10 years (unless significant intervening measures are taken)
• Economic losses in the tens of millions
• Threats to human health and safety and listed fish species. • Conservation and local projects
cannot replace this source of water in
the short term
Agenda Item #9.1:
Proposal Submitted
to PG&E
• Sonoma Water, Mendocino County Inland Water and
Power Commission, Round Valley Indian Tribe
• Under the proposal (which PG&E has issued a non- binding acceptance in concept) the proponents would:
• Form a JPA as a Regional Entity
• Convene a table to negotiate a settlement
agreement
• Develop the financial capacity for ownership,
construction, and operation of the Facility
• Agree with PG&E on terms for a Purchase and Sale
Agreement
• Acquire and modify the PVP's water diversion
facilities and construct a New Eel-Russian Facility
Agenda Item #9.1:
Short Term Keys to
Success (before
January 2025)
• Form Interim Regional Entity
• Agreement on terms for a purchase and
sale agreement and settlement agreement
• Financial Capacity
• Russian River Water Rights Holders
• Capital Funding
• Operations and Maintenance Funding
• Cost for Water Supply Reliability
• Address water right constraints
• Many water users will not have legal
access to water
Agenda Item #9.1:
Long Term Keys to
Success (after
January 2025)
• Incremental/evolutionary changes to
the regional entity and business plan
• Advocacy and education
• Russian River Water Forum
• Securing state and federal funding for
construction
• Successful facility modification
Agenda Item #9.1:
How you can
help…
Support the proposal through
• Letters to state and federal legislative
delegation
• Provide comments on PG&E’s Initial Draft
Surrender Application and Decommissioning
Plan
• Informing constituents
• Sharing opportunities to educate the
community
Sonomawater.org/RegionalPartnership
Agenda Item #9.1:
Questions
and
Discussion
Agenda Item #9.1:
LOGOS OF ALL AGENCIES THAT SIGN-ON WILL BE INCLUDED AT THE TOP OF THE LETTER Date
The Honorable FIRST & LAST NAME
Address
Subject: Water Suppliers’ Support for New Eel-Russian Facility Dear TITLE LAST NAME,
Water suppliers in Sonoma, Mendocino and Marin counties strongly support the Proposal submitted to Pacific Gas and Electric Company (PG&E) by the Mendocino County Inland Water and Power Commission, Round Valley Indian Tribes, and the Sonoma County Water Agency (Sonoma Water), which advances a regional solution for preserving flows and fisheries in the Russian River and improving Eel River fisheries.
PG&E plans to decommission its Potter Valley Hydroelectric Project, and in the absence of a proposal, end water diversions from the Eel River into the Russian River. The Proposal seeks to maintain these diversions while not delaying PG&E’s plans to remove Scott Dam and Cape Horn Dam. The proposed New Eel-Russian Facility would provide for effective and timely fish migration past the new diversion facilities while allowing water to be transferred to the Russian River when flows are high enough in the Eel River. These diversions are critical to the health of the Russian River watershed, to ongoing water supply for numerous communities in Sonoma, Mendocino and Marin counties, and to Russian River fisheries. Based on records from 1911-2017, without the Potter Valley Diversion, Lake Mendocino would have gone dry 56 out of 108 years (unless intervening measures were taken).
Russian River water users have made significant strides in reducing water use, improving water use efficiency, and developing alternative supplies (for example, Sonoma Water and its retail water customers take nearly 40 percent less water from the Russian River than they did 20 years ago, despite a growing population). However, halting the diversions, even temporarily, would directly threaten the drinking water supply for more than 97,000 people living in Russian River communities -- and would make the drinking water supply for 600,000 additional people less reliable.
The lack of diverted water would cause tens of millions of dollars of economic damage per year, result in drastic conservation measures and increased water rates, curtail needed new housing, and increase the region’s vulnerability to droughts, wildfires and climate change.
For these reasons, Sonoma, Mendocino and Marin county water suppliers hope that we can count on your support of the Proposal now, through the regulatory process, and as the Proposal proponents seek state and federal funding for completing the project design, environmental review and, ultimately, construction.
Thank you for your consideration,
NAMES
TITLES, AGENCIES REPRESENTED
Agenda Item #9.1: