Sonoma City Council
December 20, 2023

City Council:

Sandra Lowe, Mayor
John Gurney, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
Ron Wellander
This meeting of the City Council will be conducted in person, and telephonically through Zoom. The City Council will attend the meeting in person. The public is encouraged to attend either in person or remotely through Zoom.

The meetings will continue to be live streamed on the City’s CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel. Please see the agenda below for information on public participation.

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, December 20, 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. COUNCIL REORGANIZATION

6.1: City Council Reorganization

1. Recognition of Outgoing Mayor

2. Selection of Mayor and Vice Mayor for 2024
Agenda Report - Council Reorganization - Pdf
4 - 5

7. PRESENTATIONS

7.1: Council Update on Automated License Plate Readers from Police Chief Brandon Cutting
FLOCK Presentation
6 - 11

7.2: Presentation to Wayne Wirick on the Occasion of his Retirement from the City of Sonoma After 41 Years of Service

8. 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.

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

8.2: Receive the Minutes from the Regular Meeting of December 6, 2023 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the minutes.

12.06.2023 Regular Meeting Minutes
12 - 14

8.3: Accept the Expenditure Report for the Month of November 2023 (Chuck McBride, Interim Finance Director)
RECOMMENDATION: Accept the report.

Agenda Report - Expenditure Report - November 2023 - Pdf 15 - 16

8.4: Adopt a Resolution Approving the 2024 City Council Meeting Calendar (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the resolution.

Agenda Report - 2024 Meeting Calendar - Pdf
17 - 20

8.5: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with 4LEAF, Inc. to Provide Building Official Services (Jennifer M. Gates, AICP, Community Development Director) RECOMMENDATION: Adopt the resolution.

Agenda Report - PSA for Interim Building Official - Pdf 21 - 41

9. PUBLIC HEARING

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

10.1: Adopt a Resolution Approving the Conditions for Operations of Sonoma's Tuesday Night Market 2024 Season and Vendor Stall Fee Pricing (Lisa Janson, Senior Management Analyst)
RECOMMENDATION: Adopt a resolution approving the proposed changes to the Conditions for Operation for the Tuesday Night Market, the draft 2024 budget, and the proposed 2024 stall fees for Sonoma’s Tuesday Night Market as the maximum to be charged.

Agenda Report - Conditions of Operations - Tuesday Night Market 2024 42 - 55

Season - Pdf

11. 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 normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.

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

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Dec 2023
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
City Council Reorganization

1. Recognition of Outgoing Mayor

2. Selection of Mayor and Vice Mayor for 2024
Summary
Per Government Code section 36501, a general law city is vested in a city council of least five members and other officers or employees as required by law.

Government Codes section 36801 says: "A city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore."
Each year the City Council conducts a reorganization by selecting from among its members a Mayor and Vice Mayor to serve for the upcoming year. The Mayor presides at City Council meetings and serves as the official head of the City for ceremonial purposes. The Vice Mayor performs the duties of the Mayor during the Mayor’s absence or disability. This reorganization takes place at a regular meeting in December.

RECOGNITION - SUGGESTED PROCESS:

1. Presentation to outgoing Mayor by Vice Mayor

2. Outgoing Mayor comments

3. Comments by Other Council Members

4. Public comment
MAYOR / VICE MAYOR - SUGGESTED PROCESS:

1. Nominations for Mayor, public comment, vote, comments by Council

2. Gavel is transferred to the new Mayor

3. Nominations for Vice Mayor, public comment, vote, comments by Council Based on past practice, the suggested selection process proceeds as follows:

The Mayor will ask for nominations for the position of Mayor. To make a nomination, Council members need only state “I nominate ________”. Nominations do not require seconds; however, other members may express support of a nomination by making a seconding speech.

When there are no more nominations, the Mayor will declare nominations for the position of Mayor closed and will allow public comments, if any. A roll call vote will then be taken beginning with the first nominee. If that nominee receives a majority vote they are declared the winner Agenda Item #6.1:

and no additional votes are taken on the remaining nominees. If a majority vote is not achieved for any of the nominees, the nomination and voting process will be repeated, voting on the nominees in the order of their nomination, until a candidate has received a majority vote.

The gavel is then turned over to the new Mayor who takes his/her place at the dais and call for nominations for Vice Mayor using the same process described above.

Recommended Council Action
Council discretion.

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
Agenda Item #6.1:

SONOMA POLICE

DEPARTMENT
Agenda Item #7.1:

During the August 16th 2023 City Council meeting, a resolution was approved to enter a two-year contract with FLOCK Safety for installation and data base management for ALPR Data to be accessed by the Sonoma Police Department to be used only for criminal investigations.

FLOCK Safety and the Sonoma Police Department worked together to determine the location of the cameras and to obtain the appropriate permitting for the installation at each camera site.

The initial request was for 19 cameras placed in locations to capture data on the entry and exit from the city limits. Through the design and permitting phase, this number was reduced to 16 cameras for a savings of $6500 in year two of the contract.

City of Sonoma Automated
License Plate Reader (ALPR)
update.

Agenda Item #7.1:

There are 12 cameras currently installed with four remaining in the permitting process with the County (2) and CalTrans (2) before they complete the installation.

Installation of the 12 cameras we have installed began the first week of November and took approximately two weeks to complete.

Between November 13th and December 12th, the 12 cameras have captured 1,609,628 license plate images. This ALPR Data is only retained for 30 days.

During the same period, 162,440 unique plates have been identified.

The Sonoma County Auto Theft Task Force (SonCATT) working through the Sonoma County Sheriff’s Office has been approved by the County Board of Supervisors to install FLOCK ALPR cameras county wide to aid in the apprehension and return of stolen vehicles. In our area, cameras will be installed in the Sonoma Valley, Schellville, and the Hwy 37 corridor.

Where we are with the camera
installation
Agenda Item #7.1:

1. Hit and Run- Misdemeanor. 1st camera installed was at the location of the accident and provided the PD with the license plate of the vehicle.

2. ATM bank card skimming device was applied to a grocery store in the city of Sonoma. Victim had more than $5,000 taken from the account as a result of the skimmer. Through ALPR, the PD was able to identify the plate of the suspect, and provided evidence of the suspect being in Sonoma. The suspect was arrested and the ALPR data provided the needed evidence to prove the case.

3. A misdemeanor retail theft occurred at a Sonoma drug store resulting in the theft of several hundred dollars worth of merchandise. The victim had a partial plate for the vehicle which was entered in the ALPR database and an immediate match was found. This resulted in the suspect being stopped on their way out of the Sonoma Valley.

Cases solved by Sonoma’s
ALPR data
Agenda Item #7.1:

4. An elderly man had his “Pushpak” 3 wheel electric mobility scooter stolen from a Sonoma retirement community.

Using our ALPR data, the vehicle that took the scooter was identified heading out of Sonoma towards Santa Rosa. Less than 24 hours after the theft of the scooter, Deputies with Sonoma County Sheriff’s Office located the truck and scooter in Santa Rosa. The ALPR data provided evidence that made an arrest possible and the return of the scooter to the victim.

5. A truck was stolen from a residence on Broadway on a Thursday night. Using the ALPR data, we were able to identify the time of the theft and that it was last known to be leaving the city towards Santa Rosa. An updated BOL was put out for Santa Rosa area agencies. Sonoma PD and Sheriff Deputies searched the valley area and were able to locate it in the direction of Santa Rosa and just up from the camera location. Knowing that the vehicle had left the city limits made for much more efficient search for the vehicle.

6. Hit and run on Napa Rd, only had a description of the vehicle, no plate. Using ALPR immediately, we were able to identify the suspect vehicle and were able to locate it immediately, leading to the arrest of the driver for hit and run as well as to connect the insurance company for the repairs.

Cases solved by ALPR data
Agenda Item #7.1:

SONOMA POLICE

DEPARTMENT
Agenda Item #7.1:

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, December 6, 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 Vice Mayor Gurney, to approve the agenda as presented. Motion carried unanimously.

1. COMMENTS FROM THE PUBLIC
Sheila O’Neill, Matt Metzler, Fred Allebach, and Robert Demler provided public comment. Public comment was then moved to the end of the meeting after a caller attempted to give hate speech comments.

2. MEETING DEDICATIONS
None.

3. COUNCIL MEMBERS’ REPORTS AND COMMENTS
Council Member Ding attended a Zero Waste Sonoma meeting on November 20, 2023.

Council Member Farrar-Rivas attended a Sonoma Valley Citizens Advisory Commission meeting on November 28, 2023.

Mayor Lowe attended the first annual Lighted Tractor Parade on December 2, 2023, where she was honored to have been able to ride on a float.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin reported that the 2024 Alcalde nomination period is now open and will stay open through 5PM on January 12, 2024. Mr. Guhin also reminded the community that City Hall offices will be closed for the holiday season from December 25, 2023, through January 2, 2024.

5. CITY ATTORNEY COMMENTS
City Attorney Ruderman provided an update to Council regarding the California Business Roundtable measure, specifically named “Taxpayer Protection and Government Accountability Act”.

Agenda Item #8.2:

6. PRESENTATIONS
Item 6.1: Introduction of New Employees
The following employees were introduced:

Natalie Lundeen – Planning Department Permit Technician Luis Contreras – Public Works Maintenance Worker
Ross Hage – Public Works Maintenance Worker
Donte Armstrong – Public Works Maintenance Worker
Brian Rowlands – Public Works Maintenance Worker
Item 6.2: Presentation by Elise Gonzales, Food Security Network Weaver, Sonoma Valley Catalyst Fund on their Resource Guides for Food Security

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 from the Regular Meeting of November 15, 2023 (Rebekah Barr, MMC, City Clerk)
Action: Minutes were received.

Item 7.3: Adopt a Resolution to Accept a Monetary Donation From Traintown to Cover Expenses Associated with new Rectangular Flashing Beacon (RRFB) pedestrian crossings at Broadway at Clay Street (Mike Berger, Public Works Director) Action: Adopted as Resolution 76-2023.

Item 7.4: Adopt a Resolution Opposing Initiative 21-0042A1 the Taxpayer Protection and Government Accountability Act (David Guhin, City Manager) Action: Adopted as Resolution 77-2023.

8. PUBLIC HEARING
Item 8.1: Public Hearing to Consider an Appeal by the Applicant of the Planning Commission's Decision to Approve the Use Permit, Exception to Development Code Loading Standard, Reduction of Residential Component, Design Review, Demolition Permit, and Lot Line Adjustment for the Hotel Project Sonoma (Kristina Tierney, Associate Planner)
Action: Council provided direction to Staff. Item was continued to the January 17, 2024, council meeting.

Mayor Lowe called for a recess at 7:06 p.m.; Council reconvened at 7:13 p.m.

Open Public Hearing: 7:14 p.m.

Public Comments: Fred Allebach, Robert Demler, Gary Nelson, Johanna Hoffrey, Victor Conforti, Anne Ching, Carol Marcus, Bonnie Brown, Matt Metzler and David Eichar.

Closed Public Hearing: 7:42 p.m.

Motion by Council Member Ding, seconded by Council Member Farrar-Rivas, to continue this item to the January 17, 2024, council meeting. Motion carried unanimously.

9. REGULAR CALENDAR – CITY COUNCIL
Agenda Item #8.2:

Item 9.1: Joint Powers Agreement and City Policy for Sonoma Valley Community Advisory Commission (Jennifer M. Gates, AICP, Community Development Director) Action: Adopted as Resolution 78-2023 and Resolution 79-2023.

Motion by Council Member Ding, seconded by Council Member Farrar-Rivas, to Approve the City Council Resolution Authorizing the Mayor to Execute a Joint Powers Agreement between the County of Sonoma and the City of Sonoma, in addition to Adopting the City Council Resolution Amending Policy 2001-1. Motion carried unanimously.

10. ADJOURNMENT
Mayor Lowe adjourned the meeting at 8:59 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 20th day of December 2023. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #8.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Dec 2023
Department
Finance
Staff Contact
Chuck McBride, Interim Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of November 2023 Summary
The attached report shows disbursements for the month of November 2023. A detailed list of disbursements is available at the web site indicated at the bottom of the report.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, November 2023
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
November 2023 Disburment Report
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #8.3:

DISBURSEMENT REPORT November 2023
Year to Date Monthly Year to Date Annual Percent of
Fund Revenue Expenditure Expenditure Budget Budget
General Fund 30000 6,048,315 24,256,842 25%
City Council 41001 12,338 56,595 153,023 37%
City Clerk 41002 24,625 178,649 393,433 45%
City Manager 41003 73,529 572,624 1,314,858 44%
Finance 41004 52,570 314,082 801,131 39%
City Atorney 41005 21,743 82,411 337,914 24%
Police 42101 449,319 1,785,627 6,499,239 27%
Fire 42201 599,175 3,465,642 7,789,458 44%
Public Works - Admin 43020 41,533 242,524 536,512 45%
Public Works - Streets 43022 82,244 484,563 1,081,664 45% Public Works - Parks 43023 81,969 592,113 1,428,277 41% Planning 43030 206,779 638,320 1,270,847 50%
Building 43040 55,008 439,474 1,019,840 43%
Community Activities 43101 60,684 394,672 930,926 42%
Successor Agency 43199 4,779 44,208 205,251 22%
Non-Departmental 43200 88,384 307,732 771,335 40%
Emergency Response 43201 120 5,048 - 0%
Transfers 142,690 142,690 833,749 17%
Total Gen Fund Exp 1,997,488 9,746,974 25,367,457 38%
Other Funds
Public Education & Gov 202 21,164 - - 59,061 0%
Abandoned Vehicle 240 - 2,029 7,121 - 0%
Streets/Transpor/Drain 301 16,353 585,533 2,091,117 3,470,610 60% Gas Tax 302 109,433 82,732 158,215 510,000 31%
SB-1Road Maint 303 70,009 - - 350,000 0%
Parks & Facilities 304 - - 13,894 85,000 16%
Transportation Measure M 313 30,239 179 179 130,000 0%
Parks Measure M 315 42,065 - - 157,000 0%
Prop 68 Parks 316 - 177,426 181,541 185,015 98%
Successor Agency 391 - 1,146,728 1,334,529 2,630,651 51% CREBS 495 - - 41,749 41,749 100%
Cemeteries 501 75,656 23,484 155,816 509,532 31%
Cemetery Endowment 504 15,272 - - 50,000 0%
Water Utility 510 3,378,934 375,966 2,083,851 6,555,949 32% Water CIP 512 740 90,767 123,457 400,000 31%
Mgmt Information Srvcs 601 201,239 44,897 149,006 542,393 27% Vehicle Replacement 603 134,912 - 311,168 536,000 58%
Bulding Maintenance 610 126,825 - - 305,000 0%
Grants Restricted 630 1,253,719 - - - 0%
Housing Trust 732 146,353 - - - 0%
IGT 796 - 73,584 151,013 440,000 34%
SVFRA Operations 798 36,660 495 2,702 - 0%
TOTAL 11,707,889 4,601,308 16,552,332 42,325,417 39%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #8.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Dec 2023
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
2024 City Council Meeting Calendar
Summary
The City's Municipal Code allows the City Council to determine the "regular" meeting schedule via resolution as necessary. Each year the City Council adopts an annual meeting calendar for the upcoming year. Staff is presenting the 2024 Master Meeting Calendar. This calendar includes a Council recess for the first meeting of July, as in the past. It also includes the holiday office closure as negotiated with the City's labor group.

If there is a need for an additional meeting, either Regular or Special, the City Council cancel schedule one at any time.

Recommended Council Action
Adopt the resolution approving the 2024 City Council meeting calendar.

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
Resolution 2024 Meeting dates
2024 Master City Council Calendar
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

Agenda Item #8.4:

CC:
n/a
Agenda Item #8.4:

City of Sonoma
RESOLUTION #_____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ESTABLISHING THE REGULAR MEETING DATES OF THE CITY COUNCIL FOR THE 2024 CALENDAR YEAR 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 desire to establish the date and time of their regular meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that:

1. For the calendar year 2024, the regular meetings of the City Council shall be held on the dates set forth on Exhibit A to this resolution.

PASSED AND ADOPTED, at a regular meeting of the City of Sonoma on this 20th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #8.4:

SMTWT F S SMTWT F S SMTWT F S SMTWT F S
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7 8 9 10 11 12 13 4 56789 10 3 45678 97 8 9 10 11 12 13 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 21 22 23 24 25 26 27 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 28 29 30 31 SMTWT F S SMTWT F S SMTWT F S SMTWT F S
123 41 12345 6 12 3
5 6 7 8 9 10 11 2 34567 87 8 9 10 11 12 13 4 56789 10
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 31 30 SMTWT F S SMTWT F S SMTWT F S SMTWT F S
1 23456 7 1234 5 1 21 23456 7
8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 45678 98 9 10 11 12 13 14 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 29 30 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
LEGEND
Holiday ‐ Office Closure
Cal‐Cities New Mayor
& Council Member Academy
Cal‐Cities City Managers Conference
Cal‐Cities City Leaders Summit
Cal‐Cities Annual ConferenceDesign Review
& Historic Preservation Commission
Parks, Recreation,
& Open Space Commission
Traffic Safety Committee
Sonoma Valley Citizen's Advisory Commission
Sonoma Valley Healthcare District Board
City CouncilPlanning Commission
Climate Action Commission
Cultural
& Fine Arts Commission
September October November December
May June July August
January February March April
2024 City of Sonoma Master Calendar
Agenda Item #8.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Dec 2023
Department
Planning and Community Services
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Adoption of Resolution authorizing the City Manager to execute a Professional Services Agreement with 4LEAF, Inc. to provide Building Official Services.

Summary
With the retirement of the Building Official, the City needs building official services while the City recruits for a new building official. The selected firm will be responsible for the coordination of the Building Division activities within the Community Development Department including complex-level work related to building division administration, building inspection, plan review and code enforcement of building standards. The Building Official will report to the Community Development Director.

The City circulated a Request for Proposals and Qualifications for Interim Building Official and On-call Building Division Consulting Services from September 25, 2023 to October 20, 2023 and received six responses for the Interim Building Official position. The Building Official and Community Development Director narrowed down the submittals to the top three for an interview. Based on the proposals, immediate availability, and interview the City selected 4LEAF, Inc. to provide the building official services. If needed, staff has included on-call building plancheck and inspection services in the scope and budget. The contract is not to exceed $100,000 and will be through June 30, 2024.

Recommended Council Action
Approve City Council Resolution authorizing the City Manager to execute a Professional Services Agreement with 4LEAF, Inc. to execute a Professional Services Agreement with 4LEAF, Inc. to provide building official, building permit plan check and inspection services in the amount not to exceed $100,000 through June 30, 2024.

Alternative Actions
Financial Impact
The Agreement is not to exceed $100,000 which will be provided by salary savings.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #8.5:

Attachments
Exhibit A PSA 4Leaf Building Official
Resolution PSA
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #8.5:

Professional Services Agreement 1

CITY OF SONOMA

PROFESSIONAL SERVICES AGREEMENT
CITY OF SONOMA & 4LEAF, INC.

THIS AGREEMENT is entered into as of the ____ day of _____________, 20__, by and between the CITY OF SONOMA herein called the “City,” and 4LEAF, INC, herein called the “Consultant.”
Recitals
WHEREAS, City desires to obtain services listed in Exhibit A; and WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in Section 1 of this Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Section 1 of this Agreement.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Consultant shall perform the services set out in Exhibit “A,” which is attached hereto and incorporated herein by reference.

2. Time of Performance. The services of Consultant are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Consultant shall perform its services not later than January 9, 2023 and be completed not later than June 30, 2024. Any changes to these dates must be approved in writing by the City Manager or his or her representatives.

3. Standard of Quality. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. All work performed by Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise. Consultant shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Consultant fails to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant.

4. Compensation and Method of Payment.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules more particularly described in Exhibit A, in accordance with the terms and conditions included therein. However, in no event shall the amount City pays to consultant exceed One Agenda Item #8.5:

Professional Services Agreement 2
Hundred Thousand Dollars ($100,000). City’s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

B. Timing of Payment. Billing and payment for said services shall be as set forth in Exhibit A, attached hereto and incorporated herein.

C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount of set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Consultant shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Consultant to secure City’s written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization.

D. Taxes. Consultant shall pay all taxes, assessments, and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.

E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced payment for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced payment for work performed on a recognized holiday.

F. Litigation Support. Consultant agrees to testify at City’s request if litigation is brought against City in connection with Consultant’s work product. Unless the action is brought by Consultant or is based upon Consultant’s negligence, City will compensate Consultant for the preparation and the testimony at Consultant’s standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant.

5. Inspection. Consultant shall furnish City with every reasonable opportunity for City to ascertain the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager’s inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill the requirement of this Agreement.

6. Ownership of Documents. Title, including the copyright and all intellectual property rights, all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared, or obtained by the Consultant under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Consultant shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, Agenda Item #8.5:

Professional Services Agreement 3
computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Consultant may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law.

7. Employment of Other Consultants, Specialists, or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists, or experts for services in connection with this Agreement without the prior written approval of the City.

8. Conflict of Interest.

A. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this contract. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement.

9. Interest of Members and Employees of City. No member of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects his/her personal interests or the interest of any corporation, partnership, or association in which he/she is directly or indirectly interested.

10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee, or agent of the City shall be personally liable to Consultant or otherwise in the event of any default or breach of the City, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise.

11. Indemnity.

A. Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened), which arise out of, pertain to, or relate to the performance pursuant to, or failure to comply, with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.

For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City), and hold Agenda Item #8.5:

Professional Services Agreement 4
harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged, or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.

The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents, and employees.

B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend, and hold harmless as set forth in this Section 12 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability, or other employee benefit acts or the terms, applicability, or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s failure to comply with any of the terms of this Agreement.

Consultant’s duty to indemnify, protect, defend, and hold harmless as set forth in this Section 12 shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable.

The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing.

If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consultant’s acceptance of the tender.

The obligations of Consultant under this Section 12 are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service Agenda Item #8.5:

Professional Services Agreement 5
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

12. Consultant Not an Agent of City. City retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. Consultant, its officers, employees, and agents shall not have any power to bind or commit the City to any decision.

13. Independent Contractor. It is expressly agreed that the Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement.

Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim to may have to any such rights. Consultant, its officers, employees, and agents shall not have any power to bind or commit the City to any decision. Consultant shall not receive payment for time off for days not worked, whether it be in the form of sick leave, administration leave, or for any other form of absence.

14. Compliance with Laws.

A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.

Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required for Consultant to practice its profession. City is not responsible or liable for Consultant’s failure to comply with any or all of the requirements contained in this paragraph or in this Agreement.

B. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of this Agreement and at all times in the performance of the Agreement.

C. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

D. Prevailing Wage. Consultant and Consultant’s subconsultants (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2.

Agenda Item #8.5:

Professional Services Agreement 6
E. City’s Living Wage Ordinance. Nonprofit service contractors which receive contracts from the CITY of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the CITY of $10,000 or more in a 12-month period, provided they have more than six employees, may be subject to the CITY'S Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Section 2.70), this contract is subject to applicable provisions of the Living Wage Ordinance (LWO) of the CITY as amended from time to time and available on the CITY’s website.

F. Non-Discrimination. Contractor shall comply with all applicable federal, state, and local laws, rules and regulations in regard to non-discrimination on the basis of race, color, ancestry/national origin, religion/creed, age, sex/gender, gender identity, sexual orientation, physical or mental disability, medical condition (cancer related or genetic characteristics), marital status, familial status, or military/veteran status, including the City of Sonoma’s Non-Discrimination Policy adopted as Resolution #24-2019 and available on the CITY'S website.

G. Equal Employment Opportunity. Contractor is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Contractor will not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religion, disability (mental or physical), sex, gender, sexual orientation, gender identity, gender expression, genetic information, marital status, family status, source of income, age or creed. Contractor will take affirmative action to ensure that employees are treated during such employment without regard to race, color, ancestry, national origin, religion, disability (mental or physical), medical condition, sex, gender, sexual orientation, gender identity, gender expression, genetic information, marital status, family status, military or veteran status, source of income, age or creed. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Contractor further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

H. Business Licenses. Except as otherwise allowed by City in its sole discretion, Consultant and all subconsultants shall have acquired, at Consultant’s expense, a business license from the City in accordance with Chapter 5.04 of the Sonoma Municipal Code, prior to City’s issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Consultant until such time as Consultant complies with this section.

I. City Not Responsible. The City is not responsible or liable for Consultant’s failure to comply with any and all of said requirements.

15. Confidential Information. All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law.

16. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in Agenda Item #8.5:

Professional Services Agreement 7
or to the same or any part thereof without the City’s prior written consent, which shall be in the City’s sole and absolute discretion. Any assignment without such approval shall be void and, at the City’s option, shall immediately cause this Agreement to terminate.

B. Subcontractors; Employees. Consultant shall be responsible for employing or engaging all persons necessary to perform the services of Consultant hereunder.

No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their performance. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Consultant fails or refused to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager.

17. Insurance.

A. Minimum Scope of Insurance.
(1) Consultant agrees to have and maintain, for the duration of the contract, a General Liability insurance policy insuring him/her and his/her firm to an amount not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence and in the aggregate for bodily injury, personal injury and property damage. (2) Consultant agrees to have and maintain for the duration of the contract an Automobile Liability insurance policy insuring him/her and his/her staff to an amount not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(3) A Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Consultant:
(4) (a) This policy shall provide coverage for Workers’ Compensation (Coverage A).
(b) This policy shall also provide coverage for One Million Dollars ($1,000,000.00) Employers’ Liability per accident for bodily injury or disease (Coverage B).
(c) Consultant and Consultant’s insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents, and volunteers for losses paid under Consultant’s workers’ compensation insurance policy which arise from the work performed by Consultant for City.
(5) All of the following endorsements are required to be made a part of each of the required policies, except for the Professional Liability and Workers’ Compensation and Employers’ Liability policies, as stipulated below:

Agenda Item #8.5:

Professional Services Agreement 8
(a) “The City of Sonoma, its employees, officers, officials, agents, volunteers and contractors are hereby added as additional insureds, as respects work done by, for or on behalf of the named insured.”
(b) “This policy shall be considered primary insurance as respects any other valid and collectible insurance or coverage the City may possess, including any self-insured retention or insurance pooling arrangement the City may have, and any other insurance the City does possess shall be considered excess insurance only and shall not contribute with it.”
(c) “This insurance shall act for each insured and additional insured as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.” (6) Consultant agrees to have and maintain for the duration of the contract an Errors and Omissions Liability insurance policy insuring him/her and his/her staff to an amount not less than One Million Dollars ($1,000,000.00) per occurrence. (7) Consultant shall provide to the City all certificates of insurance with original endorsements affecting coverage required by this paragraph. Certificates of such insurance and endorsements in a form acceptable to the City shall be filed with the City on or before commencement of performance of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

B. General Liability.
(1) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (2) Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

C. All Coverages. Each insurance policy required in this item shall provide that coverage shall not be canceled, except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file with the City Secretary at all times during the term of this Agreement.

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

E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

18. Assignment Prohibited. Neither the City nor Consultant may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation hereunder shall be void and of no effect.

19. Termination of Agreement.

Agenda Item #8.5:

Professional Services Agreement 9
A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City to the Consultant upon 5 days’ written notice.

B. If Consultant fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by the Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by the Consultant.

C. In the event this Agreement is terminated by the City without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation of services rendered prior to the time of payment.

D. Upon termination of this Agreement with or without cause, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by the Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City.

Consultant, however, shall not be liable for the City’s use of incomplete materials nor for the City’s use of complete documents if used for other than the project contemplated by this Agreement.

20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Consultant shall not receive any payment for services or expenses incurred by Consultant by reason of such suspension.

21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the Agreement between City and Consultant and shall supersede all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both the City and Consultant. All provisions of this Agreement are expressly made conditions.

22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.

Agenda Item #8.5:

Professional Services Agreement 10

24. Time of the Essence. Time is of the essence of this Agreement. However, the City recognizes that Consultant’s performance must be governed by sound professional practices.

25. Written Notification. Any notice, demand, request, consent, approval, or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Sonoma
Community Development Department
c/o Jennifer Gates, Director
No. 1 The Plaza
Sonoma, CA 95476
If to Consultant: 4LEAF, Inc.
c/o Craig Tole, Vice President
2126 Rheem Drive
Pleasanton, CA 94588

27. Consultant’s Books and Records.

A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

Agenda Item #8.5:

Professional Services Agreement 11

28. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties.

29. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

30. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the services described in this Agreement.

31. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Consultant.

32. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right, or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right, or remedy that party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative. As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Consultant must present a written claim to City in accordance with the Sonoma Municipal Code.

33. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference:

A. Exhibit A: Scope of Services

34. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

35. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings, and public comment shall be prohibited unless expressly authorized by the City.

36. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California.

Agenda Item #8.5:

Professional Services Agreement 12

37. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

38. Statement of Economic Interest. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code § 87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Sonoma disclosing Consultant and/or such other person’s financial interests.

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

CITY OF SONOMA
By:

David Guhin, City Manager

CONSULTANT
By:

Title
Federal Tax Identification Number or
Social Security Number

FOR CITY USE ONLY
Account No. 100-43040-350-50350
Project Manager Jennifer Gates
Community Development Director
Agenda Item #8.5:

EXHIBIT A

SCOPE OF SERVICES
Scope of Work: December 11, 2023
City of Sonoma and 4LEAF, Inc. Exhibit A
Consultant has 3 key tasks:

1. Provide Interim Building Official approximately 2-3 days per week. Building Official will also conduct plan review and inspections as-needed as part of his/her Building Official duties.

2. Provide On-Call personnel (Upon Request) to the Building/Planning Department including construction inspectors, building inspectors, permit technicians, on-site plans examiners/engineers, civil engineers, code enforcement personnel, Planners, and other positions as listed in Exhibit B on an as-needed basis.

3. Provide Building, Fire, and/or Civil Plan Review as-needed.

Services

1. Provide Interim Building Official Services
• 4LEAF will provide a qualified and certified (through ICC) Building Official to work on-site at the City offices.
• 4LEAF will work with the City to identify a schedule to be mutually agreed upon to best serve the community and preserve budget.

2. Provide On-Call Public Works & Building Department Support Staff (As-needed) • 4LEAF will provide Public Works and/or Building Department support staff to include construction inspectors, building inspectors, permit technicians, on-site plans examiners/engineers, code enforcement personnel, etc. on an on-call basis for the City of Sonoma.
• 4LEAF will provide interim staff within one business day and full-time staff within two business days. 4LEAF will provide staff from their database of qualified personnel. For requests made with less than 24 hours notice, 4LEAF will make every effort possible to secure suitable candidates. • These positions vary from full-time staff, idle staff (temporarily in-between assignments), and pre-qualified staff which include personnel who are available subject to client demand.

3. Plan Review Services
• The Consultant shall review all plans and supporting documents submitted for projects for which a Building Permit is requested. If, after the initial review the documents are found to be in substantial compliance with the State Building Codes and local ordinances, the plans and documents shall be stamped as reviewed and acceptable for construction. If corrections are found to be needed a report shall be prepared by the Consultant specifying the needed corrections and transmitted to the applicant. When plans and supporting documents are deemed acceptable for permit issuance, the applicant shall Agenda Item #8.5:

EXHIBIT A

SCOPE OF SERVICES
Scope of Work: December 11, 2023
City of Sonoma and 4LEAF, Inc. Exhibit A
deliver the Building Permit application and all supporting documents to the Consultant (or City Hall) for permit processing.
• City shall collect direct from the applicant costs for plan review at time of submittal of plans and documents. Building permit fees shall be paid prior to issuance of the Building Permit. City shall mark/stamp permits PAID upon receipt of funds by applicant.
• Plan Reviews will be subject to the following turn-around times (Turn-Around Times may vary with the complexity and magnitude of the projects):

Residential……………………………….Up to 10 Days
Multi-Family……………………………...Up to 10 Days
Commercial……………………………...Up to 10 Days
Industrial………………………………….Up to 10 Days
Off-site Plan Review is generally performed at the Consultant’s corporate headquarters in Pleasanton, CA and an employed courier is available at all times for pick-up and delivery for plan review services. If for any reason site technical support is required, Consultant is capable of complying on an asneeded basis for all aspects of this support. All plan review requests can be made by emailing [email protected].

The City will also be provided log-in’s to our proprietary software EZ Plan Review where plans can be uploaded directly into our portal from the City staff.
• All on-call requests should be made directly to 4LEAF management. 4LEAF’s recruiting manager, will handle the placement of all 4LEAF staff. 4LEAF’s designated managers are :

Craig Tole, Project Manager Mike Leontiades, Project Manager 2126 Rheem Drive 2126 Rheem Drive
Pleasanton, CA 94588 Pleasanton, CA 94588
(925) 462-5959 – Office (925) 462-5959 – Office
(925) 462-5958 – Fax (925) 462-5958 – Fax
(925) 580-4055 – Cell (925) 681-8842 – Cell
[email protected] [email protected]
Agenda Item #8.5:

Fee Schedule December 11, 2023

FEE SCHEDULE
FY2023-2024 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF SONOMA
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 70%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $140 Non-Structural Review
$160 Structural Review
Fee includes:
 Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official .........................................................................................................................$155/hour Structural Plan Review Engineer ........................................................................................................$160/hour Non-Structural Plans Examiner ..........................................................................................................$140/hour Certified Access Specialist (CASp) Inspector ......................................................................................$165/hour Certified Access Specialist (CASp) Plans Examiner.............................................................................$165/hour Senior Combination Building Inspector (Building Inspector III) .........................................................$120/hour Commercial Building Inspector (Building Inspector II) ......................................................................$105/hour Residential Building Inspector (Building Inspector I)..........................................................................$95/hour Permit Manager..................................................................................................................................$95/hour Senior Permit Technician....................................................................................................................$80/hour Permit Technician...............................................................................................................................$70/hour Clerk/Administrator............................................................................................................................$60/hour Civil Plan Review (Grading, Improvement Plans) ...............................................................................$175/hour Inspector of Record ............................................................................................................................$135/hour DSA Class 1 / OSHPD A Inspector .......................................................................................................$175/hour DSA Class 2 / OSHPD B Inspector .......................................................................................................$145/hour DSA Class 3 / OSHPD C Inspector........................................................................................................$103/hour GoFormz Software.................................................................................................................. $50/user monthly Code Enforcement
Code Enforcement Director..............................................................................................................$145/hour Code Enforcement Manager ............................................................................................................$135/hour Senior Code Enforcement Officer.....................................................................................................$105/hour Code Enforcement Officer II.............................................................................................................$95/hour Code Enforcement Officer I..............................................................................................................$85/hour Agenda Item #8.5:

Fee Schedule December 11, 2023
Fire
Fire Protection Engineer (FPE)............................................................................................................$205/hour Fire Prevention Officer ......................................................................................................................$140/hour Fire Plans Examiner ............................................................................................................................$145/hour Fire Inspector II...................................................................................................................................$170/hour Fire Inspector I....................................................................................................................................$160/hour Planning
Housing Policy Director ....................................................................................................................$205/hour Planning Director..............................................................................................................................$180/hour Principal/Planning Manager.............................................................................................................$165/hour Senior Planner ..................................................................................................................................$140/hour Associate Planner.............................................................................................................................$124/hour Assistant Planner .............................................................................................................................$105/hour Planning Technician..........................................................................................................................$90/hour Project Management
Project Manager.................................................................................................................................$180/hour Principal-in-Charge .............................................................................................................................$245/hour Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans) ................................................................................ $175/hour Traffic Engineer.................................................................................................................................... $230/hour Construction Manager…………………………………………………………………………………………….……………….……. $162/hour Certified Access Specialist (CASp) Inspector (Regular time) …………………………………………………….…….. $165/hour Certified Access Specialist (CASp) Inspector (Nighttime) ……………………………………………………….…….… $186/hour Certified Access Specialist (CASp) Inspector (Overtime)…………………………………………………………….…… $223/hour Certified Access Specialist (CASp) Plans Examiner…………………………………………………………….……..…….. $165/hour Public Works Inspector (Regular Time) ……………………………………………………………………………………..…… $153/hour Public Works Inspector (Nighttime)…………………………………………………………………………………………..…….$172/hour Public Works Inspector (Overtime) …………………………………………………………………….……………..………..…$207/hour Public Works Inspector Apprentice………………………………………………………………………………...……………… $99/hour

BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed.

Agenda Item #8.5:

Fee Schedule December 11, 2023
• All plan review services will be subject to a $300.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY2023-2024 contract period. There will be a 3% escalation for FY2024-2025, FY2025-2026
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

BASIS OF CHARGES – PREVAILING WAGE • Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR.
• Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the Agenda Item #8.5:

Fee Schedule December 11, 2023
five Periods listed under the California DIR’s Wage determination for Building Construction Inspector were used to determine the range of hourly rates for Public Works Inspector Apprentice. • Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following:
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • All invoicing will be submitted monthly.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Project-related mileage for inspections will be billed at the allowable IRS Rate. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

Agenda Item #8.5:

City of Sonoma
RESOLUTION # _______ - 2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING

THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO PROVIDE BUILDING OFFICIAL, BUILDING PERMIT PLANCHECK AND INSPECTION SERVICES THROUGH JUNE 30, 2024.

WHEREAS, the City of Sonoma (“the City”) requires a qualified Building Official to serve as the City’s Interim Building Official while an active recruitment is occurring; and WHEREAS, the City also needs assistance with building plan check review and inspection services; and
WHEREAS, for development projects, per the City’s fee schedule, consultant costs for plan checks and inspections shall be passed through the applicant as applicable; and WHEREAS, the City circulated a Request for Proposals and Qualifications for Interim Building Official and On-call Building Division Consulting Services from September 25, 2023 to October 20, 2023 and received six responses for the Interim Building Official position; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement with 4LEAF, Inc. to provide services in the amount not to exceed $100,000 through June 30, 2024.

PASSED, RESOLVED AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 20th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #8.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Dec 2023
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Approving the Conditions for Operations of Sonoma's Tuesday Night Market 2024 Season and Vendor Stall Fee Pricing
Summary
Background
On December 16, 2019, the City Council adopted a resolution authorizing a 2020 Market Operator Partnership with the City, Sonoma Valley Chamber of Commerce, and a Market Operations Manager. The Resolution included provided the following direction:
 Authorized contracts with the Sonoma Valley Chamber of Commerce and the Market Operation Manager.
 Authorized staff to enter into other contracts to ensure operations for the Tuesday Night Market.
 Approved budget adjustment to launch the effort until revenues are received.  Instructed the City Manager to provide a report in August with an update and recommendations for the 2021 market season.

In March of 2020 when the pandemic started, staff changed directions and moved away from the “community event” and program to a scaled down farmers market. When the market opened in 2021, many COVID restrictions were still in place and it wasn’t until early summer when the restrictions were over that staff was able to bring back some of the community event related items such as music/entertainment and the prepared food vendors.

The 2022 market season was the first full year of the community event (all vendor types, music and entertainment). Staff is now in the fourth year of planning the market and has established a process of implementing the weekly coordination of 20-21 markets per season.

Plans for Sonoma’s Tuesday Night Market 2024 Market Season The plan is to have 2024 continue to build on the 2023 market season. Attached for review is the post event report for the 2023 market season. Based on staff review and in consultation with the market manager and Chamber of Commerce, staff is recommending some changes for 2024 market season.

The 2024 market season will start on May 7 and run through September 24, 2024. There will be no market the week of July 1st due to the Fourth of July occurring on Thursday. Staff is also recommending not having a market on July 30, 2024, due to the City Party on August 1st. In all total there will be 19 markets next season, unless weather impacts the season. *Additional Ideas: September brings some challenges to the coordination of the market. With the decrease of daylight hours, the 8PM close of the market means that it occurs in the dark.

Council could consider ending the market season in mid- September.

Agenda Item #10.1:

This year the market saw an increase in non-profit participation. Next year we will build on our community partner opportunity. In 2024 we will continue to open each market with a different local non-profit, providing them 3-5 minutes of speaking time prior to the start of the music each evening and five minutes during the intermission. The Chamber of Commerce will continue to have their fill the boot at the wine booth. Each market a different organization is highlighted and the proceeds from the boot go to the highlighted non-profit.
*New – Non-profits will have the ability to participate in the new sponsorship opportunity which would provide an area where they can host fundraising opportunities within the market.

In 2024 we plan to continue to support youth music, by continuing to provide free use of the Grinstead Amphitheater. This programing seems to be well attended and supported by the community. Possible partnerships could include working with the High School music department and Cannon School of Music.

The Tuesday night market will host the annual Zucchini races on August 20, 2024, Staff will continue to develop our relationship with Sonoma Raceway who is interested in partnering on the event. New opportunity to partner with the Sonoma Community Center who is interested in creating a Zucchini car workshop for kids leading up to annual races. Staff will work with the farmers to encourage them to bring their larger zucchinis to the market the week before, and new signage promoting the races will be created to promote the event at the market.

For the market to cover the additional expenses in 2024, staff is recommending increasing the stall fees for vendors. Staff is recommending moving away from the 10% of gross revenue, to provide consistency in tracking and payment. This year all prepared food vendor fees will be increased.

There is a more in-depth discussion of stall pricing in the budget section of this report.

The Sonoma Valley Jazz Society will continue to co-locate their monthly Tuesday Evening Market Jazz event in the Grinstead Amphitheater every second Tuesday of the month from June through September. They coordinate the setup and tear down directly with the city and have a separate Plaza Use Application on file with the City. During the market jazz evenings, the market operators working with Sonoma Valley Music will plan acoustic acts on the historic front lawn.

The hours of operations will remain from 5:00PM- 8:00PM, with music between 6:00PM-8:00PM.

The designated end time continued to work well in 2023, the Plaza emptied naturally when the music ended, and it allowed for vendors to pack up while there was still daylight. Only on a few evenings did we experience the issues that we have had in previous years with crowds lingering and partying until late evenings. In 2023 we continued to see and have had to monitor community members bringing in amplified sound, including mixing tables and professional DJ equipment. This behavior is extremely disruptive to other community members trying to enjoy the park. The market operators will be creating new signs in 2024 and will add some additional language regarding amplified sound as well as bringing alcohol onsite to serve to others as part of a promotional opportunity.

New sponsorships will be created to provide a gathering space for businesses to host and entertain guests, clients, customers, employees, etc. This will assist with the management of unsanctioned privately hosted “events” that are concurrent with the Market. The Sponsorship will provide a similar structure that is both legally compliant with ABC and manageable for Staff.

Staffing
In 2024, staff is recommending contracting with the same part-time contract market manager, Jerry Agenda Item #10.1:

Wheeler. Ms. Wheeler’s responsibilities would include vendor coordination and communication, onsite set up and oversight, EBT coordination, on-site coordination and execution of market events and programs. Ms. Wheeler’s continued dedication and work on the market has provided a foundation on which we can continue to build. The market vendors appreciate Ms. Wheelers professionalism and ability to find solutions to their many needs. In addition to Ms. Wheeler, the staff is recommending she hire an intern to assist with the night of onsite logistics.

New this year, staff is recommending contracting with the Sonoma Police Department for security services, this will increase security costs. Staff will contract with Sonoma County Sheriff’s Department for one officer, and the Police Department will provide the CSO at no additional cost to the market.

In 2023, the City hired a new Public Works maintenance worker who will assist with set-up of the market, the individual will help with closing down the horseshoe for move-in, pulling the barricades, putting out the no-park signs for the ambulance, ensuring the electrical is on and working and the coordination of the designated bus drop off zone.

The City of Sonoma is in the process of renegotiating the current franchise agreement with Sonoma Garbage Collectors (SGC). In typical franchise agreements, , the contactor coordinates and covers the waste management cost, this includes trash sorting, trash pickup, and education components in connection with recycling and composting at the market. SGC’s current franchise agreement dose not include these items resulting in the City hiring a 3rd party to perfume these duties.2023 the trash sorting, liter pickup component was the single largest expense in the market budget.

Ongoing Issues to Address
 Currently the City had a no dogs on the plaza policy. The market staff will continue to put out the signage and will work with the market security to ensure that individuals are made aware of the no dogs policy.
 Unauthorized Pushcart Vendors continue to show up onsite and try to sell their wares without following the proper vendor channels.
 Professional entities, businesses and non-profits hosting events within the market. The market’s ABC license doesn’t allow for other entities who are not part of the market operators team to distribute/pour alcohol at the market. This year the market will address this with the creation of an new sponsorship opportunity. Business entities will be provided a designated space (adjacent to our wine pouring booth), tables, chairs, and wine for a sponsorship fee. This will allow the market operators to be compliant with our ABC permit and provide the local businesses the ability to accomplish what they have been trying to do for the last few years which is to create a marketing opportunity for their business within the farmers market.
 City staff have started preliminary discussions with the market service providers (insurance and security) and general costs are continuing to increase making it impossible to cover all of the market costs including all staff time.
 Weather continues to play a role in lower stall revenue. The 2023 market season was delayed due to rain. In addition, the Cityhad to cancel another market and struggled with two additional markets that didn’t meet the cancelation criteria but saw a steep decline in vendor attendance. In 2023 staff created a communications policy and criteria on when a market may be canceled due to weather events which provides advanced notice to vendors Agenda Item #10.1:

regarding market cancelations.
2024 Draft Budget & Revenues
The 2024 draft market budget is attached as Exhibit B. Staff is recommending increasing the vendor stall fees with some of the fees increasing by up to 33%, a complete list of fees is attached Vendor Stall Fees Exhibit C.

This year the market budget includes allocated staff time and costs. The addition of the staff costs does have a material impact on the farmers’ market budget. The time for the Senior Management Analyst has been reduced and the City’s new public works maintenance worker will take on some of the onsite set-up responsibilities.

The City partners with the SV Chamber of Commerce on the sale of wine, the Chamber purchases local wines from multiple vendors and resells the wine. This year, staff is recommending increasing the fees to sell beer; this has turned out to be an exclusive opportunity, with only one vendor allowed to participate. Staff is recommending charging the beer vendor $450 per market for the exclusive rights.

Staff’s goal is to make the market net neutral and with the increase in expenses and the inclusion of staff time in the budget, stall fees will need to increase. The prepared food vendor stall fee will increase by 33% or $25-$45 per stall with the higher amount hitting entities who are located outside Sonoma County, it is the largest category of vendor, and it also generates the most waste, requires electricity coordination, requires the most inspections, and takes the most staff time to coordinate. In addition to the above, with the new public safety regulations regarding cooking onsite, requires these vendors to have empty stall space between them and this takes stalls out of inventory, thus reducing market revenue. In 2023, the market operators added one additional category of Food Trucks. Previously Food Trucks were charged the same rates as the prepared food vendors. Food Trucks require a larger footprint. They are typically 25-30' long by 10-15' deep, require additional staff time to coordinate their location, load in and load out and often have to have their own designated electrical bollards. In 2024 staff is recommending increasing the fees charged to this category by 20%.

Proposed 2024 Stall Fees Per 10'x10' Stall (Columns 2-8) (Exhibit C) Staff believes it can achieve the budgeted revenue goal as long as the makeup of vendors remains similar to 2023 season. Staff is asking the City Council to approve the 2024 Stall Fees as the Agenda Item #10.1:

maximum to be charged but provide flexibility to the City Manager to lower the fee, if needed. The rates for farmers, artisans and packaged food vendors will remain flat.. The market will no longer utilize the 10% of gross revenue as the fee calculator for the prepared food vendors.

In addition to stall fees, the Market Operators are requesting City Council to allow the City Manager to direct staff to create pricing strategies for other items like sponsorship pricing and merchandising that align with the revenue goals as outlined in the 2024 proposed budget. Additional budgetary authority is outlined in Exhibit A which are the 2023 adopted Condition for Operations of the Tuesday Night Market and outlines the policy goals which have been updated as seen in the attached redlined document.

The new Fire Safety Rules and Regulations which have been set by the County require an ALS ambulance to be onsite at all of the markets at a cost of $10,000. The Sonoma Valley Fire District continues to be a wonderful community partner and has agreed to waive the fees and donate the service to the City of Sonoma for Sonoma’s Tuesday Night Market. Sonoma Police Department will also be providing one CSO to be onsite during the duration of the market as part of the existing contract the City has with the Sonoma County Sheriff.

In 2024, the market operations team will again look at finding a sponsor of the EBT market match program. We will continue to offer 100% market match. This benefits those individuals who participate in the EBT program by ensuring they are able to purchase fresh organic produce, and it also increases the amount of revenue taken home by the Farmers participating in the market. The operations team will create social media posts and posters to be distributed by our community partners referencing the increased market match.

In addition, the market is in discussions with the SV Food Weaver with the goal to create additional food programs around the market to benefit individuals who are facing food insecurity.

Green Policies
The market will be looking to find a sponsor for the free bike valet, to bring back free bike parking service for attendees. The market operations team will continue to promote alternative modes of transportation to the market, the information will reside on the market website and social media post will include the information, with key themes being the location of the bike racks in the Plaza, safe bicycling routes and Sonoma County Transit options. Staff has already researched a possible bike valet service provider who is local to Sonoma Valley, and will be working with local businesses to see if there is a potential sponsorship opportunity to cover the cost of the service.

The 2024 market will continue to focus on reducing waste and will build on three themes: bring reusable service ware and cups from home, dispose waste in the appropriate receptacle and pack it in- pack it out. If the SGC franchise agreement is not finalized in time for the market, garbage and recycling will continue to be one of the larger expenses in the market budget. Through a new franchise agreement, we hope to include public education focused on sustainability at each of the market nights. As mentioned in the 2023 post event report, City staff is putting forth two budgets for the 2024 market season, one based on the assumption that trash sorting and waste minimization will be coordinated, and expense covered as per the SGC franchise agreement. The second budget will include a fully burdened budget with a similar level of service as in 2023 market season.

The market will work closely with their vendors to ensure that they have the materials outlined in the single use plastics ban. The 2024 market season will resume enforcing the single use plastics ban, information will be included in the application packets for all vendors. The operation team will provide a list of acceptable food service items to all of the vendors in advance of the market. The market operators will continue to encourage all farmers to utilize compostable biobags and/or paper Agenda Item #10.1:

bags.

Policy / Operational Guidelines
Exhibit A contains the current Conditions for Operations of the Tuesday Night Market that were adopted by City Council on December 16, 2019, and updated on December 14, 2022.These policy goals and conditions have been in place for many years.

Staff is seeking to make changes to the current market Conditions of Operations of the Tuesday Night Market guidelines, most of the changes are tied to ensuring the dates are current for the 2024 market season. The policy will continue to give preference to those vendors from Sonoma Valley.

Pricing is a tiered to provide an incentive for those businesses who are local to participate in the market.

These policy goals and conditions will continue to be administered through vendor rules and regulations that reside on the market website. These rules and regulations have been compiled by researching what other market organizations statewide require for the smooth operation of a market.

As seen in previous years the resolution authorizes the City Manager to create, amend and update these operational rules as necessary to stay compliant with State and County requirements.

Overall Sonoma’s Tuesday Night Market continues to be a cherished weekly event that brings the community together to celebrate and engage with each other. New this year, staff time is included as part of the budget, which has led to an increase in expenses. With the increase in expenses, staff is recommending increases to Vendor fees. During the FY24/25 budget process next spring staff may bring a budget adjustment to City Council for the FY23/24 to account for the 2024 market season increased expenses and loss revenue. Staff will continue to try to negotiate lower costs and identify a plan to achieve a net neutral market plan for the 2024 market season.

Staff would like to open the application period for the 2024 market season in late December 2023 with it closing in early February of 2024. The Market Advisory Team made up of three community members, a member of the Chamber of Commerce and a City representative will choose a variety of vendors complying with the Conditions For Operations of the Tuesday Night Market Exhibit A while trying to be sensitive to the brick-and-mortar businesses surrounding the Plaza.

Recommended Council Action
Adopt a Resolution approving the proposed changes to the Conditions for Operation for the Tuesday Night Market, the draft 2024 budget, and approve the proposed 2024 stall fees for Sonoma’s Tuesday Night Market as the maximum to be charged.

Alternative Actions
City Council discretion.

Financial Impact
The Market Operators have created a draft budget for the 2024 Market Season. With enhanced sponsorships and increasing the stall fees for all vendors, there is greater revenue for the market which will allow for the envisioned enhancements outlined in this report. The proposed stall fees are in line with the proposed budget and the current proposed budget shows a net profit of $9,598.75, which if achieved will help offset the FY23/24 budget shortfall from the 2023 market season.

Agenda Item #10.1:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
EXHIBIT A_Conditions For Operations of the Tuesday Night Market 2024_Redline EXHIBIT B_Farmers Market DRAFT Budget 2024
EXHIBIT C_ Proposed Vendor Stall Fees 2024
Resolution - Farmers Market 2024
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:

Mark Bodenhamer, CEO Sonoma Valley Chamber of Commerce
Agenda Item #10.1:

EXHIBIT A

CONDITIONS FOR OPERATION OF THE TUESDAY NIGHT
MARKET FOR THE 20234 MARKET SEASON
(Approved by Council on December 16, 2019; Updated on February 3, 2020; Updated again on November 22, 2021, and Updated again on December 14, 2022; Updated again on December 20, 2024 Market Operators are defined as the contractual partnership between the City of Sonoma, Sonoma Valley Chamber of Commerce and Market Operations Manager, Jerry Wheeler. It is important to note the Vendor Rules and Regulations were created to administer the Conditions of Operations and the Policy as outlined below. They are available on the Tuesday Night Market website and prior to the acceptance into the market all vendors will need to acknowledge an understanding of the Rules and Regulations.

Policy Goal 1: Create Social Gathering Place and Festive Community Event Sonoma’s Tuesday Night Market event is an important community event that fosters community building and socializing that is a keystone to Sonoma culture and must be maintained.

Conditions

1. Community Gathering Place -- Strive to retain the culture of the Market as a community gathering place while preserving its small-town atmosphere and striving to minimize negative impacts to the Plaza and surrounding business community.

2. 4th of July -- The Market Operators will not conduct a Tuesday Night Market the week of July 1 due to the conflict with the 4th of July celebration.

3. Sonoma City Party – On annual basis, the City will determine whether to hold the Sonoma City Party in conjunction with a regular Tuesday Night Market or if on a separate date and potentially cancel a Tuesday Night Market during that week in order to reduce impacts to the Plaza and associated businesses.

Policy Goal 2: Focus on Local Vendors & Businesses / Local Produce and Farmers Offer community members an opportunity to purchase fresh, locally grown produce and other artisan goods and provide vendors an opportunity to sell their products locally. Conditions

1. Farmer Vendors -- The Market Operators will work to continue to support farmer vendors by retaining lower booth rates, by taking all farmer vendors, and seek ways to encourage and support the farmer vendors. Market Operators will use vendor criteria to ensure that all Agricultural vendors are included in the market and will create pricing strategies that encourage Agricultural vendor inclusion into the market.

2. The Market Operators will promote the farmer vendors by creating a series of farm specific events i.e. produce tasting competitions, best recipes, and zucchini races.

3. Total Stalls -- For the 2020 and 2022 season, due to the new Fire Marshal Rules and Regulations the Market Operators are exploring a new stall layout. The new Rules and Regulations when drafted will include schematics and reference the posted SVFRA Outdoor Special Events Standards. For the 2023 season, the Market Operators will follow the revised SVFD Outdoor Special Events Standards.

4. Vendor Booth Price -- The Market Operators will determine the structure and price for the vendor stalls. a) For 2020-2022, the Market Operators will investigate vendor fees for similar events located in the Bay Area and modify their vendor stall fees to be competitive. The Market Operators is requesting new fees for the 2024 market season as approved by City Council by Resolution XXXX- 2023 as outlined in Exhibit C.

Agenda Item #10.1:

b) The Market Operators will have a tiered stall cost structure to recognize “local” businesses. For example, the Market Operators will consider differentiated rates based on how “local” a vendor is with the lowest rate for businesses located within the City limits (and paying City taxes) and an increasing tiered rate structure for businesses located within the Sonoma Valley, located within Sonoma County (higher rate) or located outside of Sonoma County (highest rate). Since the City is substantially underwriting the costs for the market a structured fee schedule offers some fairness and equity. As represented in Exhibit C.

5. Locational Conditions -- The Market Operators will program the Plaza as they desire based on the above parameters. The Market Operators will keep food trucks off of the front of the horseshoe except for the night of the City Party.

6. Plaza Businesses -- Recognize that the Tuesday Night Market is located within the City’s central business district and creates direct competition with Plaza brick and mortar businesses. Seek to partner, promote and support opportunities for the local Plaza businesses to participate in the Market or support use of the Grinstead Theater of other parts of the Plaza by local Plaza businesses.

Policy Goal 3: Support Local Musicians Provide a location and an opportunity for local musicians to perform. The Market Operators will continue to work closely with the Sarafini Family who has been responsible for the organization of the music on the front Horseshoe for several years.

Conditions

1. Local Musicians -- The Market Operators will continue to deliberately and carefully favor local musicians as much as is practicable while still maintaining quality and variety of entertainment.

2. Music in the Horseshoe -- Retain music in the horseshoe on all evenings switching to acoustical sets when the Jazz Society is performing on the 2nd Tuesday of June, July, August and September.

3. Activity and Music in the Grinstead Amphitheater – the Market Operators will work in conjunction with local non-profits and other entities to alternative programming in the amphitheater when the Sonoma Valley Jazz Society is not contracted for usage.

Policy Goal 4: Commitment to Transparency / Fairness Transparency in operations and openness and fairness in selection process for all vendors. The new Vendor Rules and Regulations will clearly address the selection criteria process and outline the appeals process.

Conditions

1. Appeal Communication – The Market Operators will provide an email to unsuccessful applicants after the Advisory Committee vendor review process, the email will note the reasons for unfavorable decision on vendor selection. Each unsuccessful applicant will be provided an opportunity to appeal to the Sonoma Valley Chamber of Commerce Board for further review.

2. Web Site Information – The Market Operators will proactively maintain a website for the Tuesday Night Market to encourage transparency of information. The www.SonomaTuesdayNightMarket.com website will be the central place where all Rules and Regulations will be posted.

Policy Goal 5: Ensure Accountability to the Community Accountability of Market management to the community that it serves.

Agenda Item #10.1:

1. Ensuring overall impacts to the Plaza are minimized and over time that funding to improve and invest in the Plaza could come from the Tuesday Night Market event. This is reflected in the Exhibit C the new pricing strategy.

Conditions
A. City Fees – There are a variety of City fees and costs associated with the Tuesday Night Market being held in the Plaza.

B. The Market Operator is required to reserve the entire Plaza (except for the Grinstead Amphitheater on the second Tuesday of each month June-Sept) The Market Operators are responsible for clean-up, litter and impacts to the entire Plaza due to the number of attendees, however the Market Operators will not be charged the rental fee for the entire Plaza. a) Plaza application fee for 2024 Tuesday Night Market will be waived. b) The Market Operator will work with a third party to handle the liter pick up, garbage sorting and recycling, cleaning and monitoring the restrooms. c) A third-party Security firm will be hired to monitor the event between 6:00 pm – 10 9:00 pm.
d) The Chamber of Commerce will be responsible for completing the Consumption of Alcoholic Beverages on City Property permit for the calendar year. e) The Market Operators will work closely with the Fire Marshal to ensure compliance of the Rules and Regulations.

2. The Market Operators will institute new criteria and controls to ensure that every vendor informs the California Board of Equalization that they have a Sonoma Plaza sub- location, to encourage accurate reporting of sales figures for the City of Sonoma. The specifics of this item is included in the vendor rules and regulations.

3. The Market Operators will maintain criteria and controls to ensure annual business licenses are collected and paid for all vendors that participate in the market. All Vendors will be required to have an annual business license on file prior to the Market season.

4. The Market Operators will communicate to all vendors the City and Fire Department Rules and Regulations in an effort to make vendors compliant with the rules on the opening day of the season.

These will be included and cited in the Rules and Regulations that will be posted on the www.sonomatuesdaynightmarket.com site.

Policy Goal 6: Integrate Environmental / Green Practice into Event Create a Farmers' Market that incorporates sustainable environmental green practices.

Conditions

1. The Market Operators will continue efforts to ensure proper waste and recycling from the event.

The Market Operators will hire a professional recycling company to assist with trash sorting and recycling for the market season or perform the same level of work through their own volunteers or staff.

2. The Market Operators working closely with local non-profits will consider creating an awareness/education program for customers, attendees and vendors around recycling and trash.

Additional vendor requirements could include the vendors responsibility to remove all trash generated by their operation from the Plaza. Encouraging Vendors to develop a reuse program for patrons, where patrons can bring containers from their home to be use for serving instead of utilizing disposable containers.

Agenda Item #10.1:

3. The Market Operators will educate and enforce the City’s Single Use Plastics policy for Special Events. This will be included in the vendor rules and regulations.

Policy Goal 7: Administration & Finance / Budget Ensure Sonoma’s Tuesday Night Market has clear rules and processes. Provide operational authority and flexibility to City staff and the Market Operators to deliver a successful event.

Conditions

1. City Council approves Exhibit B as a Program Budget to be included in the City’s Budget. City Manager is authorized to make modifications within line items of the Draft Budget Exhibit B as long as the budget stays neutral and no impact to the General Fund.

2. The City Council shall approve stall fees as the maximum to be charged for the vendor categories of agricultural, artisan, packaged food vendors but provide flexibility to the City Manager to adjust lower if needed within the budget parameters. The prepared food vendors stall fees will be calculated with a proposed minimum stall fee not to exceed what is being proposed in Exhibit C.

All prepared food vendors will be charged as follows they will be required to pay the minimum amount or 10% of gross receipts whichever is higher. At the end of the evening they will be required to show gross receipts from a point of sale device. This pricing strategy has been in place for a few years. In 2022, City Council approved the proposed stall pricing for all beer and wine vendors. New to the 2023 market season City Council may approved the addition of the Food Truck pricing.

3. In addition to stall fees, the Market Operators are requesting City Council to allow the City Manager to direct staff to create pricing strategies for other items like sponsorship pricing, merchandising and beer and wine sales that align with the revenue goals as outlined in the 20234 proposed budget.

4. The Market Operators have developed clear vendor rules and regulations to administer the conditions of operations and the policies as outlined above. The vendor rules & regulations are available on the Tuesday Night Market website and prior to the acceptance into the market all vendors will need to acknowledge an understanding of the Rules and Regulations. The City Council authorizes the City Manager to create, edit and amend these vendor rules & regulations as the operational parameters of Sonoma’s Tuesday Night Market.

5. The City Manager is authorized to make any and all decisions within the overall policy guidance of this document to ensure the successful delivery of the 20234 Tuesday Night Market.

Agenda Item #10.1:

2023 Proposed
Budget 2023 Actuals
2024 Proposed
Budget Scenario #1
2024 Proposed Budget
Scenario #2 SGC Contract
approved with Sorting
Services being provided
Application Fees $ 1,800.00 $ 2,905.00 $ 2,800.00 $ 2,800.00 Beer and Wine Stall Fees $ 11,000.00 $ 15,900.00 $ 17,800.00 $ 17,800.00 Market Product Sales $ 7,000.00
Sponsorship $ 11,000.00 $ 8,600.00 $ 16,000.00 $ 16,000.00 EBT $ 1,952.00 $ 2,000.00 $ 2,000.00
Total Stall Fees $ 78,000.00 $ 70,007.00 $ 98,000.00 $ 98,000.00 TOTAL REVENUE $ 108,800.00 $ 99,364.00 $ 136,600.00 $ 136,600.00 Adiminstrative Oversight Expense
Contractor Fees (Operations of t $ 31,600.00 $ 31,600.00 $ 33,600.00 $ 33,600.00 Market Coordinator Internship $ 3,000.00 $ 3,000.00
Contractor Fees (Chamber of Co $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 Total Operator Contract Fees $ 36,100.00 $ 36,100.00 $ 41,100.00 $ 41,100.00 Event Insurance $ 15,000.00 $ 12,135.95 $ 13,000.00 $ 13,000.00 Total City Staff Wages
Sr. Management Analyst $ 12,118.00 $ 12,118.00 $ 8,988.00 $ 8,988.00 Parks Team and Other City $ 12,000.00 $ 12,000.00 $ 14,240.00 $ 14,240.00 Finance Team $ 2,160.00 $ 2,160.00 $ 3,000.00 $ 3,000.00 Public Information Officer $ 1,245.00 $ 1,245.00 $ 4,280.00 $ 4,280.00 Total City Staff Wages $ 27,523.00 $ 27,523.00 $ 30,508.00 $ 30,508.00 Website
Expense/Communications $ 250.00 $ 846.75 $ 863.25 $ 863.25 Adiminstrative Oversight Expense $ 78,873.00 $ 76,605.70 $ 72,471.25 $ 85,471.25 Market Operational Expense
County Application Fees $ 800.00 $ 765.00 $ 800.00 $ 800.00 CDFA Quarterly Fees $ 1,000.00 $ 328.00 $ 500.00 $ 500.00 EBT Match $ 2,000.00 $ 1,952.00 $ 2,000.00 $ 2,000.00
Garbage and Recycling $ 22,000.00 $ 36,635.00 $ 40,945.00 Bathroom Cleaning and
Monitoring $ - $ 5,120.00 $ 6,080.00 $ 6,080.00
Market Entertainment
Booking and Admin $ 5,800.00 $ 5,675.00 $ 5,800.00 $ 5,800.00 Sound $ 6,200.00 $ 6,203.00 $ 6,550.00 $ 6,550.00
Market Event Expense $ 1,200.00
Market Security/Crowd
Control $ 15,000.00 $ 19,140.00 $ 18,500.00 $ 18,500.00 Market Supplies $ 7,000.00 $ 1,293.00 $ 1,300.00 $ 1,300.00 Market Operational Expense $ 61,000.00 $ 77,111.00 $ 82,475.00 $ 41,530.00 Total Market Expenses $ 139,873.00 $ 153,716.70 $ 154,946.25 $ 127,001.25 Total Profit $ (31,073.00) $ (54,352.70) $ (18,346.25) $ 9,598.75 EXHIBIT B Agenda Item #10.1:

EXHIBIT C
Proposed 2024 Vendor Stall Fee for 10’x10’ Stall
*Unless otherwise noted (Columns 2-8)
Agricultural
Vendor
Artisan
Vendor
Packaged
Food Vendor
Prepared Food
Vendor
Food Trucks
(*450 sq ft)
Wine (nonexclusive) Beer
* Exclusive
Within City Limits $ 30 $ 35 $ 50 $ 100 $ 400 $ 250 $ 400 Sonoma Valley
(South of Oakmont
North of 37 along
Hwy 12) $ 30 $ 40 $ 60 $ 115 $ 450 $ 300 $ 450
Sonoma County $ 30 $ 45 $ 70 $ 130 $ 500 $ 350 $ 500
Outside Sonoma
County $ 40 $ 50 $ 80 $ 155 NA NA NA
Fee Structure
Currently, there is a flat fee charge to each vendor per stall with differentiated amounts based on the type of vendor.

Local Preference Proposal – Staff is recommending maintaining the differentiated fees based on where the business is located in order to support local business participation. Specifically, those entities that are located within City limits will receive preferential pricing and those vendors who are located outside of Sonoma County will pay the highest stall fees. The geographic areas are City limits, Sonoma Valley, Sonoma County and then outside Sonoma County.

Farmer Preference Proposal – Retain low stall fees for farmers and agricultural vendors. Staff is recommending no change to the Farmers fees.

Prepared Food Proposal – Staff is recommending a 33% increase in stall fees and moving away from the 10% of gross receipts, whichever is higher fee structure. The 10% gross hasn’t seemed to work out because most of the food vendors don’t have a Point-of-Sale system for tracking and nightly sales reporting. For those vendors who have been providing nightly gross receipts the 33% increase in fees is in line or slightly lower than what they have been paying on average.

Food Trucks- Fees are increasing by 20%, this category had the largest % increase in fees in 2023.

Beer Vendor- Fees will be increasing by 33%
Fee Cap Proposal – Council action on the stall fees would set the maximum amount to be charge. Staff requests flexibility to make minor adjustments if needed to the stall fees while still retaining overall budget neutrality.

Stall Fees -- Staff has reviewed stall fees paid by vendors at other Markets in the North Bay which range from $30-$115/stall (for similar style/size markets/events).

Agenda Item #10.1:

City of Sonoma
RESOLUTION # _____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA, CALIFORNIA APPROVING CONDITIONS FOR OPERATIONS OF SONOMA’S TUESDAY NIGHT MARKET 2024 MARKET SEASON, THE 2024 OPERATING BUDGET AND VENDOR STALL FEE

PRICING
WHEREAS, on December 16, 2019 City Council adopted a resolution authorizing a 2020 Market Operator Partnership with the City, Sonoma Valley Chamber of Commerce and Chris Welch (herein referenced as “Market Operators”; and,
WHEREAS, City staff, the Sonoma Valley Chamber of Commerce and Jerry Wheeler (Market Operators) have been working diligently to create the framework and processes for the successful operations of Sonoma’s Tuesday Night 2024 Market Season; and, WHEREAS, the Market Operators have updated the City Council’s Policy Goals and Conditions for the 2024 Market in Exhibit A; and,
WHEREAS, the Market Operator has created a draft 2024 Budget which is full cost recovery for the 2024 Market Season. With enhanced sponsorships and increased stall fees for prepared food vendors and beer/wine vendors, there is greater revenue to cover the increasing expenses and it will allow for the envisioned enhancements outlined in the Staff Report and a new operating model. The proposed stall fees are in line with the proposed budget Exhibit B.

WHEREAS, the Market Operators are seeking approval of the 2024 Stall Fees as presented in Exhibit C; and,
THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma, that the City Council authorizes and approves the updated Policy Goals and Conditions Exhibit A, approves the draft 2024 Budget Exhibit B, and approves proposed 2024 Stall Fees Exhibit C.

PASSED AND ADOPTED, at a Regular Meeting of the City Council on this 20th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
__________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #10.1: