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Agenda, regular meeting

Sonoma City Council
February 21, 2024

Document
Agenda, regular meeting
Meeting
February 21, 2024
Body
Sonoma City Council
Pages
60
Original file
16.4 MB
Text extracted from the city's file for reading and search. Open the original on sonomacity.civicweb.net. That file is the official record.

City Council:

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

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, February 21, 2024
https://us06web.zoom.us/j/84876986131
6:00 PM Regular Meeting

ACCESSING PUBLIC MEETINGS
As a public service to the community, City Council meetings are held in-person, and viewable through a live webcast on the City’s CivicWeb Portal at https://sonomacity.civicweb.net/Portal/Video.aspx, City of Sonoma YouTube channel at https://www.youtube.com/channel/UChZjUrg2rNLYxTgQHhFy-Tg, and televised on Comcast Cable Channel 27. Members of the public can also view the meeting via ZOOM, at https://us06web.zoom.us/j/84876986131.

If a technical issue arises with Zoom video or the listening phone dial-in option, the City Council meeting will continue unless a Council Member is participating remotely pursuant to the provisions of Assembly Bill 2449.

To prevent public meeting interruptions by individuals making comments not pertaining to items under the City of Sonoma’s jurisdiction, public participation via Zoom will be suspended for all City Council meetings, as well as meetings of other City commissions and committees. The City will reassess the need for reinstating public participation via Zoom in the next 90 days.

Members of the public who wish to address the Council by providing public comments during the meeting may do so in-person in the Council Chambers at 177 First Street West, where the meeting is being publicly held. As an alternative, members of the public may also provide written public comment submitted via the City’s online Public Comment form at https://sonomacity.civicweb.net/Portal/CitizenEngagement.aspx or by email to:
[email protected]
In the event a Council Member participates remotely for just cause or an emergency circumstance under Assembly Bill 2449, the City will allow for public comment through the Zoom link.

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.

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.

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Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Lowe, Farrar-Rivas, Wellander, Ding, Gurney)

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.

2. MEETING DEDICATIONS

3. COUNCILMEMBERS’ REPORTS AND COMMENTS

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

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

5. CITY ATTORNEY COMMENTS

6. PRESENTATIONS

6.1: Proclamation Designating March 2024 as Red Cross Month in the City of Sonoma
Red Cross Proclamation
5 6.2: Proclamation Designating February 2024 as Black History Month in the City of Sonoma
2024 Black History Month
6 7. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

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

7.2: Accept the Expenditure Report for the Month of January 2024 (Chuck McBride, Interim Finance Director)
RECOMMENDATION: Accept report.

Agenda Report - Expenditure Report - January 2024 - Pdf 7 - 8

7.3: Receive the Minutes from the Special Meeting of February 2, 2024, and the Regular Meeting of February 7, 2024 (Rebekah Barr, MMC, City Clerk) RECOMMENDATION: Receive the Minutes.
9 - 12

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02.02.2024 Special Goal Setting Meeting Minutes

02.07.2024 Regular Meeting Minutes

8. PUBLIC HEARING

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

9.1: A Resolution Approving the Temporary Use of Field of Dreams "Fazio Field" by Transcendence Theater Company for a Summer Event Series June 17-24, July 22-29, August 12-19 and September 16-23, of 2024. The proposed resolution is exempt from the California Environmental Act (CEQA) under Sections 15304 (minor alterations of land), 15323 (normal operations of facilities for public gatherings) and 15061(b)(3) (common sense exemption) of the CEQA Guidelines (Lisa Janson, Senior Management Analyst) RECOMMENDATION: Adopt the Resolution approving the use of Field of Dreams "Fazio Field" for Transcendence's Summer event series with the conditions recommended by the Special Events Committee. In approving this use at Field of Dreams, Transcendence Theater Company will rescind their provisionally approved Plaza Use permit.

Agenda Report - Transcendence Theater Company Request - Pdf 13 - 44

9.2: A Resolution Ratifying the 2024 City Council Goals (David Guhin, City Manager)
RECOMMENDATION: Provide any additional feedback and then adopt the resolution ratifying the 2024 City Council Goals as presented or as amended.

Agenda Report - 2024 City Council Goals - Pdf
45 - 49

9.3: Introduction of an Ordinance Adding Chapter 10.22 to Title 10 of the Sonoma Municipal Code Regulating Sideshows, Street Races, and Reckless Driving Exhibitions (Brandon Cutting, Police Chief)
RECOMMENDATION: Introduce the ordinance.

Agenda Report - Sideshow Ordinance - Pdf
50 - 60

10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk/Executive Assistant.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.

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

City of Sonoma's Commission and Committee Roster: Commission & Committee Roster_Updated_Sept_27_2023 Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

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

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

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Agenda Item #6.1:

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Agenda Item #6.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 21 Feb 2024
Department
Administration
Staff Contact
Chuck McBride, Interim Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of January 2024 Summary
The attached report shows disbursements for the month of January 2024.

Fund 304 (Parks & Facilities CIP) shows expenses exceeding the annual budget by 27%. This is the result of a $116,565 payment for the Depot Park HVAC project. It was estimated that $217,000 would carry-over from the FY2022-23 budget; however, this carry-over from a prior year budget is not reflected in the current FY2023-24 budget, which results in the overage.

Fund 495 (Clean Renewable Energy Bonds) is at 100% of the annual budget. This expense is an annual, one-time payment and no further expenses are expected for the remainder of the fiscal year.

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, January 2024
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Disbursement Report Jan 2024
Agenda Item #7.2:

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DISBURSEMENT REPORT January 2024
Year to Date Monthly Year to Date Annual Percent of
Fund Revenue Expenditure Expenditure Budget Budget
General Fund 30000 11,793,925 24,256,842 49%
City Council 41001 20,857 92,634 153,023 61%
City Clerk 41002 15,899 209,029 393,433 53%
City Manager 41003 75,469 737,029 1,314,858 56%
Finance 41004 30,812 405,012 801,131 51%
City Attorney 41005 20,759 140,679 337,914 42%
Police 42101 924,410 3,141,699 6,499,239 48%
Fire 42201 621,302 4,672,006 7,789,458 60%
Public Works - Admin 43020 27,656 296,642 536,512 55%
Public Works - Streets 43022 89,172 659,189 1,081,664 61% Public Works - Parks 43023 77,228 686,813 1,428,277 48% Planning 43030 75,837 803,063 1,270,847 63%
Building 43040 60,618 548,131 1,019,840 54%
Community Activities 43101 44,203 481,697 930,926 52%
Successor Agency 43199 3,461 53,001 205,251 26%
Non-Departmental 43200 61,584 446,583 809,890 55%
Emergency Response 43201 120 5,288 - 0%
Transfers - 142,690 833,749 17%
Total Gen Fund Exp 2,149,387 13,521,185 25,406,012 53%
Other Funds
Public Education & Gov 202 21,627 - 21,627 59,061 37%
Abandoned Vehicle 240 - 1,228 9,843 - 0%
Streets/Transpor/Drain 301 86,329 185,391 2,397,863 3,470,610 69% Gas Tax 302 158,010 27,089 204,382 510,000 40%
SB-1Road Maint 303 108,848 - - 350,000 0%
Parks & Facilities 304 - 6,460 137,321 108,500 127%
Transportation Measure M 313 30,239 - 179 130,000 0%
Parks-In-Lieu/Quimby Act 314 - - - 50,000 0%
Parks Measure M 315 42,065 - - 157,000 0%
Prop 68 Parks 316 - - 181,541 185,015 98%
Successor Agency 391 1,098,713 60,869 1,395,398 2,630,651 53% CREBS 495 - - 41,749 41,749 100%
Cemeteries 501 96,505 11,960 179,161 509,532 35%
Cemetery Endowment 504 15,797 - - 50,000 0%
Water Utility 510 4,248,484 214,290 2,537,130 6,555,949 39% Water CIP 512 740 50,380 173,837 400,000 43%
Mgmt Information Srvcs 601 281,735 2,188 182,519 542,393 34% Vehicle Replacement 603 188,877 - 311,168 536,000 58%
Bulding Maintenance 610 126,825 - - 281,500 0%
Grants Restricted 630 1,253,719 - - - 0%
Housing Trust 732 150,143 - - - 0%
IGT 796 - 47,797 198,810 440,000 45%
SVFRA Operations 798 50,304 367 3,433 - 0%
TOTAL 19,752,884 2,757,406 21,497,147 42,413,972 51%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.2:

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City Council:

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

SPECIAL MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Friday, February 2, 2024

9:00 AM Special Meeting Goal Setting Session
Special Meeting Minutes, Goal Setting Session, 2/2/2024 Mayor Gurney called the meeting to order at 9:00 a.m.

ROLL CALL
PRESENT: Mayor Gurney, Vice Mayor Farrar-Rivas, Council Member Wellander, Council Member Ding, and Council Member Lowe

2. CONSENT CALENDAR – CITY COUNCIL
Item 2.1: Conduct a Special Session to Discuss City Council Goals and Priorities Topics of discussion may include:
• 2024 Goals and Priorities
Action: Council had discussions and provided direction.

Mayor Gurney called for a recess at 9:40 a.m.; Council reconvened at 9:54 a.m.

Public Comment: Jessica Misuraca, Gina Cuclis, Josette Brose-Eichar, David Eichar, Mario Castillo, Patricia Cullinan, Calum Weeks, Caitlyn Cornwall, Richard Dale, Cedra Nathon, Bonnie Brown, David Morell, Claudia Robbins, Donna Dambach, Ron Goldman, Carol Marcus, Mark Bodenheimer, Robin Sebastiani, Tim Zahner, Howard Zapper, Jim McFadden and Iris Lombard.

Mayor Gurney called for a recess at 11:51 a.m.; Council reconvened at 12:15 a.m.

The following items were agreed upon as the five (5) overarching goals of the City Council for the 2024 calendar year:

1. Housing
All levels
Housing Element Implementation
Process/permitting/fees
Funding options
Partnerships
Unhoused

2. Annexation/Unification
Council/Board of Supervisors
Affirmation
Public Engagement
LAFCO Study

3. Climate Mitigation and Adaptation
Strategies Implementation
Transit
Trees

4. Economic Development/Revenue Stewardship
Business
Attraction/Retention/Diversification
Revenue Enhancement
Identify Financial Resources (Grants,
Bonds, etc.)
Small Business Support

5. Parks and Recreation/Community Services
Staffing/Organization Structure
Recreation partners
Cemetery
Arts
Volunteer/Partnerships
Plaza Master Plan/Plaza Landscape
Management Plan
Conservation Easements

3. ADJOURNMENT
Mayor Gurney adjourned the meeting at 1:29 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 21st of February 2024. ___________________________________
Rebekah Barr, MMC, City Clerk

1. CONVENE AND CALL TO ORDER
Agenda Item #7.3:

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City Council:

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

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, February 7, 2024

6:00 PM Regular Meeting
Regular Meeting Minutes, 2/7/2024
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Gurney called the meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Mayor Gurney, Vice Mayor Farrar-Rivas, Council Member Wellander, Council Member Ding, and Council Member Lowe

REPORT ON CLOSED SESSION
There was no Closed Session held.

APPROVAL OF AGENDA
Motion by Council Member Lowe, seconded by Council Member Ding, to approve the agenda with item 9.2 moved in front of item 7.1. Motion carried unanimously.

1. COMMENTS FROM THE PUBLIC
Robert Demler and Lisa Marie provided public comments.

2. MEETING DEDICATIONS
None.

3. COUNCIL MEMBERS’ REPORTS AND COMMENTS
Council Member Lowe attended a Sonoma County Transportation Authority Executive Committee meeting on February 5, 2024.

The League of California Cities API Caucus appointed Mr. Ding as a commissioner to the Revenue and Taxation Committee. On January 18, 2024, he attended his first Revenue and Taxation Committee meeting. Council Member Ding also attended a Mayors and Councilmembers Legislative Committee meeting on behalf of Council Member Lowe, on January 19, 2024. He also spent time at the League of California Cities Mayors’ and Councilmembers’ Academy held in Monterey, California, from January 24th -26th. On January 29, 2024, Mr. Ding attended a Sonoma Valley Groundwater Sustainability meeting in addition to attending Sonoma Overnight Support’s (SOS) grand opening of their “Unity Kitchen” on February 3, 2024. On February 1, 2024, Council Member Ding had the opportunity to meet with former Mayor, Logan Harvey, who’s now the current general manager for Recology. During the site visit, Mr. Ding toured the facilities with Mr. Harvey.

From January 24th to 26th, Vice Mayor Farrar-Rivas attended the League of California Cities Mayors and Councilmembers’ Academy in Monterey, California. She also attended a Sonoma Clean Power Board meeting on February 1, 2024.

Council Member Wellander attended an event put on by the Sonoma County Farm Bureau.

Mayor Gurney attended Sonoma Overnight Support’s grand “Unity Kitchen” opening on February 3, 2024. He also attended the Mayors and Councilmembers’ Academy in Monterey, California, from January 24th to 26th.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
In the absence of City Manager Guhin, Community Development Director Jennifer Gates provided comments and announcements.

Community Development Director Gates provided an update after this weekend's heavy storm. Public Works crews are continuing the clean-up efforts throughout the City through the remainder of this week. Ms. Gates also reported that Sonoma Water is currently completing an upgrade just upstream of Sonoma’s water tanks that have temporarily interrupted the water deliveries to Sonoma. However, due to Sonoma Water’s proactive efforts in filling the tanks prior to the project starting, there are no anticipated changes to deliveries to City of Sonoma customers. Community Development Director Gates shared that twenty-three (23) sets of new trash/recycle/organics receptacles will be installed throughout the Plaza, with an anticipated completion date of February 22, 2024. Ms. Gates informed Council of the newly formed “Heritage Rose Alliance”. This partnership will include volunteer members from the Sonoma Valley of the Moon Garden Club, known as the “Rose Brigade,” who will work under Agenda Item #7.3:

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Regular Meeting Minutes, 2/7/2024
PW's supervision to assist in the maintenance of the Plaza’s roses. Lastly, Community Development Director Gates gave an update on the Chamber Rotating Art Program by highlighting the new exhibition in the Council Chambers. The new exhibition showcases a collection of artworks created by residents of Sweetwater Spectrum.

5. CITY ATTORNEY COMMENTS
On behalf of the League of California Cities, Colantuono, Highsmith, and Whately filed an amicus brief in the lawsuit challenging the business roundtable tax measure. City Attorney Ruderman noted he is working with the League of California Cities Cannabis Regulations Committee to update the “Seed to Sale” publication that they publish and distribute. Mr. Ruderman also noted that he attended a Legal Advocacy Committee meeting a few weeks prior.

6. PRESENTATIONS
None.

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Ding, seconded by Vice Mayor 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 the Minutes from the Regular Meeting of December 20, 2023, and January 17, 2024 (Rebekah Barr, MMC, City Clerk)
Action: The Minutes were accepted.

Item 7.3: Adopt a Resolution Authorizing the Public Works Director to Apply for the California State Parks Habitat Conservation Fund Grant to Fund Major Rehabilitation of Portions of the Sonoma Overlook Trail (Erica Warner, Environmental Compliance Analyst)
Action: Adopted as Resolution 05-2024.

Item 7.4: Adopt a Resolution Amending the City of Sonoma Conflict of Interest Code (Rebekah Barr, MMC, City Clerk)
Action: Adopted as Resolution 06-2024.

Item 7.5: Adopt a Resolution Authorizing Certain City Officials and Staff Members to Order Deposits and Withdrawals from the Local Agency Investment Fund (LAIF) (Chuck McBride, Interim Finance Director)
Action: Adopted as Resolution 07-2024.

Item 7.6: Adopt a Resolution Approving an Addition to the 2023-24 Cemetery Price List to include an Opening and Closing Fee for Crypt Placement (Jenny Yankovich, Assistant to the City Manager)
Action: Adopted as Resolution 08-2024.

Item 7.7: Adopt an Ordinance Amending SMC Section 2.40.010 - Attendance and Sections

2.40.010, 2.44.010, 2.48.020, 2.50.020, 2.56.020, 2.60.020, AND 10.12.080 - Composition and Accept the Amended City Commissions & Committee Appointment Policy (Rebekah Barr, MMC, City Clerk)
Action: Adopted as Ordinance 01-2024.

8. PUBLIC HEARING
None.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Selection of the 2024 City of Sonoma Alcalde (Rebekah Barr, MMC, City Clerk) Action: Wayne Schake was selected as the City of Sonoma’s Alcalde.

Motion by Mayor Gurney, seconded by Council Member Lowe, to ratify the selection of Wayne Schake as the 2024 Alcalde. Motion carried unanimously.

Item 9.2: A Resolution to: 1) Accept the Proposal by Ferguson Waterworks of Sacramento, CA, to Implement the Advanced Meter Infrastructure Project (CIP W-10); 2) Authorize the City Manager to Execute a Construction Contract with Ferguson Waterworks in the Amount of $3,613,981; 3) Authorize a 5% Project Contingency in the Amount of $180,000; 4) Increase the Advanced Meter Infrastructure Total Project Budget from $3,600,000 to $3,793,981; and 5) Appropriate $3,793,981 for the Advanced Meter Infrastructure Project (CIP W-10) in the current Fiscal Year 2023-24 Capital Improvement Program Budget, with $3,493,981 to be Provided by the Water Enterprise Fund and $300,000 from Grant Funding (Tom Bonigut, Interim Public Works Project Manager)
Agenda Item #7.3:

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Regular Meeting Minutes, 2/7/2024
Action: Adopted as Resolution 09-2024.

Motion by Council Member Ding, seconded by Council Member Lowe, to adopt a resolution to 1) Accept the proposal by Ferguson Waterworks of Sacramento, CA, to implement the Advanced Meter Infrastructure Project (CIP W-10); 2) Authorize the City Manager to execute a construction contract with Ferguson Waterworks in the amount of $3,613,981; 3) Authorize a 5% Project Contingency in the amount of $180,000; 4) Increase the Advanced Meter Infrastructure Total Project Budget from $3,600,000 to $3,793,981; and 5) Appropriate $3,793,981 for the Advanced Meter Infrastructure Project (CIP W-10) in the current fiscal year 2023-24 Capital Improvement Program Budget, with $3,493,981 to be provided by the Water Enterprise Fund and $300,000 from grant funding. Motion carried unanimously.

Item 9.3: A Resolution Updating the 1991 Environmental Review Procedures and Finding the Proposed Modifications are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines (Kristina Tierney, Associate Planner)
Action: Adopted as Resolution 10-2024.

Public Comment: Robert Demler and Cynthia Marksen
Motion by Council Member Wellander, seconded by Vice Mayor Farrar-Rivas, to adopt a resolution updating the 1991 Environmental Review Procedures and finding the proposed modifications are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) – General Rule – of the CEQA guidelines. Motion carried unanimously.

10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 7:41 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 21st of February 2024. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 21 Feb 2024
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
A Resolution Approving the Temporary Use of Field of Dreams "Fazio Field" by Transcendence Theater Company for a Summer Event Series June 17-24, July 22-29, August 12-19, and September 16-23, 2024
The proposed resolution is exempt from the California Environmental Act (CEQA) under Sections 15304 (minor alterations of land), 15323 (normal operations of facilities for public gatherings) and 15061(b)(3) (common sense exemption) of the CEQA Guidelines.

Summary
Background
Transcendence Theater Company (TTC) has requested the use of the Field of Dreams for a summer event series spanning June through September of 2024. The Field of Dreams, a property leased by the City of Sonoma to the Field of Dreams Organization, is actively managed to facilitate recreational enjoyment for the community. TTC’s request to utilize Field of Dreams for a special event requires City Council approval because it lies outside of the original scope of use outlined in the Field of Dreams Lease Agreement.

Discussions are underway between TTC and the Field of Dreams Organization to navigate the details of hosting the summer event series at this location. As the Field of Dreams is leased and overseen by the organization, collaboration between TTC and the managing entity is essential to ensure that the proposed events align with the goals of the property and adhere to any relevant guidelines or requirements.

This ongoing dialogue between TTC and the Field of Dreams Organization will likely involve addressing logistical considerations, securing necessary approvals, and ensuring that the events harmonize with the overall use and purpose of the Field of Dreams. It highlights the collaborative efforts between event organizers and the local community to create successful and mutually beneficial events in the Sonoma Valley.

Proposed Calendar of Events
June 17-24, 2024
July 22-29, 2024
August 12-19, 2024
September 16-23, 2024
Weekly Schedule
The proposed schedule for all four event weeks is outlined below. Staff has identified potential conflicts with Planning Commission meetings scheduled on Thursday evenings. City staff is committed to working collaboratively with Transcendence Theater Company (TTC) to ensure reasonable accommodations are in place. This is to address any issues or city functions that need attention, allowing the City to continue its operations, especially at the Council Chambers.

This proactive approach reflects the City's commitment to balancing the needs of the Agenda Item #9.1:

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community and local organizations with the ongoing functions and responsibilities of municipal operations.

Monday
7:00AM - 5:00PM Load in
5:00PM – 10:00PM Tech rehearsal
Tuesday
9:00AM – 10:00PM Tech rehearsal
Wednesday
9:00AM -10:00PM Tech rehearsal
Thursday- Sunday
9:00AM-2:00PM - Potential Staff on site to tend to technical elements. 2:00PM - TTC Staff and volunteers arrive and prep for event. 5:00PM - Guests arrive and enjoy preshow festivities (Alcohol sales begin) 7:30PM - Performance Act 1
8:15PM - 15-minute intermission (final alcohol sales)
8:30PM - Performance Act 2
9:15PM - Performance Conclude
9:15PM -11:00PM Event Clean Up
Monday
7:00AM -5:00PM Load out
Amplified Sound
City staff is recommending a schedule for the use of amplified sound for the Transcendence Theater Company's (TTC) summer event series at the Field of Dreams. It is crucial for TTC to ensure that the placement of the audio/sound system is directed away from residential neighbors. Additionally, TTC must monitor the noise generated by the event to mitigate impacts on residents living in proximity to the Field of Dreams.

The recommended schedule for amplified sound is as follows, the use of amplified sound is for technical rehearsals and performances and not intended to allow amplified music to be played during other times while the organization is onsite.

Monday: 12:00PM - 10:00PM
Tuesday: 12:00PM - 10:00PM
Wednesday: 2:00PM - 10:00PM
Thursday: 2:00PM - 10:00PM
Friday: 4:00PM - 10:00PM
Saturday: 4:00PM - 10:00PM
Sunday: 4:00PM - 10:00PM
This proposed schedule reflects an effort to balance the needs of the event with the impact on the local community, particularly regarding noise levels during the specified hours. It is also important to note that TTC requires the use of a generator to power the production. The Special Events Committee will provide conditions of use for the generator including approval of its location.

Agenda Item #9.1:

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Police Station Parking Lot
The proposed schedule for the summer event series at the Field of Dreams raises concerns about the potential impact on the adjacent parking lot. City staff will closely monitor this impact, conducting an evaluation after the initial series of events in June. Depending on the findings of this assessment, additional recommendations, or changes to the use of the parking lot may be proposed.

The parking lot is already heavily used by various groups, including individuals utilizing the fields, hikers on Montini or Overlook trails, visitors to the Police station, community members attending council, committee, and commission meetings, and individuals utilizing the dog park.

It is imperative that the egress of the parking lot at the north end always remains unobstructed.

During technical rehearsals, TTC is expected to request that most of their staff, volunteers, and performers park offsite. On performance nights (currently excluding Thursday nights, until there is the ability to address the conflicts with City meetings), the City will collaborate with TTC, providing them full access to the parking lot between the hours of 5 pm and 10 pm on Friday through Sunday evenings during their event weeks.

TTC will be responsible for covering all city costs associated with noticing the private use of the parking lot and any equipment fees. This cooperative approach aims to address potential challenges and ensure a smooth integration of the summer event series at the Field of Dreams.

Noticing
City staff recommends that TTC (Transcendence Theatre Company) closely collaborates with the SV Chamber of Commerce to notify businesses affected by the events occurring at the Field of Dreams. Potential areas of concern encompass private events held at local businesses, such as wedding receptions, as well as coordination with Arnold Field and the Sonoma Veterans Building to prevent any overlap with their planned events.

Notices to all residents and businesses affected by potential issues such as traffic congestion, parking challenges, noise, and lighting plans should be disseminated no later than 90 days before the first event. These notices should include on-site contact information for Transcendence staff members, a detailed schedule of events, and the hours during which the impact is expected.

Furthermore, it is advisable to inform restaurants about potential increased service periods so that adequate staffing adjustments can be made to accommodate a larger influx of individuals.

This collaborative and proactive approach aims to mitigate any inconveniences and enhance the overall experience for both residents and businesses during the TTC Summer events series.

Environmental Considerations:

The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15304 (Minor Alterations to Land), Section 15323 (Normal Operation of Facilities for Public Gatherings), and Section 15061(b)(3) of the CEQA Guidelines. The project is categorically exempt because it would entail a minor temporary use of land having negligible or no permanent effects on the environment. Additionally, the project consists of the normal operations of the Field of Dreams for a series of special events. The Field of Dreams has a history of being used for public gatherings, tournaments, sporting events, and music concerts and festivals and was designed for this purpose, and there is a reasonable expectation that future occurrences would not be a change in the operation of the Field of Dreams. Finally, the Agenda Item #9.1:

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project is exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Next Steps
In the event of Council approval for the use of the Field of Dreams for the TTC Summer event series, City staff will facilitate a Special Events Committee (SEC) meeting to review the Parks Use Permit and associated documentation. The SEC will collaborate to establish a set of conditions that must be met for the provisional approval of the Parks Use Permit, granted by the City Manager. The following milestones outline some of the compliance requirements for TTC.

1. SEC Meeting and Documentation Review: City staff will schedule a Special Events Committee (SEC) meeting to thoroughly review the Parks Use Permit and accompanying documentation submitted by TTC.

2. Conditions List Development: The SEC will formulate a list of conditions that TTC must adhere to for the provisional approval of the Parks Use Permit. These conditions will be designed to ensure the safe and responsible use of the Field of Dreams.

3. City Manager Approval: The Parks Use Permit will be subject to a provisional approval by the City Manager.

4. Compliance Milestones: TTC is required to meet specific milestones outlined in the Parks Use Permit to remain in compliance with the approved terms and conditions. These milestones are crucial to guaranteeing a well-organized and compliant usage of the Field of Dreams for the TTC Summer event series.

March 21, 2024 (90-days prior to event)
Parking and Transportation Plan Requirements: The Event Organizer is required to submit a comprehensive parking and transportation plan for approval by the City Public Works Operations Manager and Street Supervisor. Specific conditions will be detailed during the SEC (Special Events Committee) meeting. The plan must encompass the following elements:

1. ADA Parking and Accommodations:
 Provide adequate ADA parking spaces and accommodations for patrons of TTC (Transcendence Theatre Company).
 Consider the current understanding that approximately 15+ individuals, on average, require ADA assistance.

2. Low-Speed Neighborhood Vehicles:
 If TTC chooses to use low-speed neighborhood vehicles to accommodate individuals requiring ADA assistance, ensure compliance with the California Vehicle Code.

3. Parking Plan Details:

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 Identify ADA parking locations and outline all special accommodations in the parking plan.
 Address the needs of all TTC attendees, volunteers, and staff, considering measures to mitigate parking and traffic issues.

4. Coordination with Other Venues:
 Collaborate with other venues in the area, with particular emphasis on coordination with the Sonoma Veterans Building, Arnold Field and the City portion of the Depot Park parking lot.
 Ensure effective communication and coordination to enhance the overall success of the parking and transportation plan.

Submit the parking and transportation plan for review and approval by the City Public Works Operations Manager and Street Supervisor. Conditions outlined during the SEC meeting should be addressed comprehensively.

Additional Requirements due on or by March 21, 2024.

1. ADA Compliance for Seating Chart: TTC (Transcendence Theatre Company) is tasked with the responsibility of ensuring that the seating chart adheres to ADA (Americans with Disabilities Act) standards, as outlined in the California Building Code Section 1.9 by the Division of the State Architect. The organizer is required to submit a seating chart for each ticketed category, clearly demonstrating ADA compliance. This ensures accessibility for all attendees and aligns with regulatory standards.

2. Noticing to Businesses and Residents Affected by TTC Summer Event Series: Proactive communication is essential. Prior to the TTC summer event series, thorough noticing to all businesses and residents affected by the events is required. This communication should provide clear information regarding potential impacts, such as traffic, parking, noise, and lighting. The notices should be distributed well in advance to allow affected parties to make necessary arrangements. Additionally, the notices should include contact information for inquiries or concerns.

Milestones Due on May 20, 2024 (30 days prior to the event date)

1. Public Safety Plan Submission: Submit a comprehensive Public Safety Plan 30- days in advance, ensuring it includes the names and responsibilities of trained crowd managers.

The plan should outline measures taken to ensure the safety and well-being of attendees throughout the event.

2. Vendor List Submission: Provide a complete vendor list 30-days prior to the event. The list should include any supplier, service provider, sponsor, food vendor, and volunteer organization involved. Include full contact information (email and phone) and specify the services each entity is providing.
 City of Sonoma Business License Requirement: All entities involved must possess a valid City of Sonoma Business License before operating on City property.  Insurance Compliance: Ensure that all vendors and service providers meet the City of Sonoma’s minimum insurance requirements. All vendors are required to provide a Certificate of Insurance (COI) indemnifying the City of Sonoma.

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These requirements are crucial for the smooth coordination of the event and the safety of all participants.

Recommended Council Action
Adopt a Resolution approving the use of Field of Dreams "Fazio Field" for Transcendence's Summer event series with the conditions recommended by the Special Events Committee. In approving this use at Field of Dreams, Transcendence Theater Company will rescind their provisionally approved Plaza Use permit.

Alternative Actions
City Council discretion.

Financial Impact
The applicant is responsible for all fees associated with their use of public property.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - TTC Field of Dreams
Use Permit and Supporting Documents - TTC Field of Dreams CC:

Brad Surosky, Executive Director, Transcendence Theater Company Amy Miller, Artistic Director, Transcendence Theater Company Susan Hoeffel, Board President, Transcendence Theater Company Agenda Item #9.1:

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1 City of Sonoma
RESOLUTION # _______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA
APPROVING THE TEMPORARY USE OF THE FIELD OF DREAMS “FAZIO FIELD” BY TRANSCENDENCE THEATER COMPANY FOR A SUMMER EVENT SERIES JUNE 17-24, JULY 22-29, AUGUST 12-19, SEPTEMBER 16-23, 2024
WHEREAS, on February 15, 2024, Transcendence Theater Company applied for a Special Event Permit to utilize the Field of Dreams for a four-weekend series of outdoor performances in the months of June, July, August, and September; and WHEREAS, the Field of Dreams has a history of use for large public gatherings for which it was designed, such as sporting events and tournaments, as well as the BR Cohn Fall Music Festival; and
WHEREAS, it is not uncommon for entities utilizing the Field of Dreams to have amplified sound for making player announcements, player acknowledgments, and walk up songs, during regular games and tournament play; and
WHEREAS, the City has determined the project to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15304 (Minor Alterations to Land), Section 15323 (Normal Operation of Facilities for Public Gatherings), and Section 15061(b)(3) of the CEQA Guidelines. The project is categorically exempt because it would entail a minor temporary use of land having negligible or no permanent effects on the environment.

Additionally, the project consists of the normal operations of the Field of Dreams for a series of special events. The Field of Dreams has a history of being used for public gatherings, tournaments, sporting events, and music festivals, was designed for this purpose, and there is a reasonable expectation that future occurrences would not be a change in the operation of the Field of Dreams. Finally, the project is exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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

1. The above recitals are true and correct and incorporated by this reference.

2. The City Council approves and consents to the use of the Field of Dreams “Fazio Field” for the Transcendence Theater Company’s Summer Event Series on condition Transcendence Theater Company rescind its provisionally approved Plaza Use Permit.

3. The City Council authorizes the City Manager to provisionally approve the Parks Use Permit with the Conditions of Approval developed by the Special Events Committee for the Summer Event Series.

4. Upon rescission of a previously provisionally approved Plaza Use Permit by Transcendence Theater Company, City staff will apply those Plaza Use Permit fees to the new Parks Use Permit fees.

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2 PASSED, RESOLVED AND ADOPTED at a Regular Meeting of the City Council of the City of Sonoma, on this 21st day of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 21 Feb 2024
Department
Administration
Staff Contact
David Guhin, City Manager
Agenda Item Title
A Resolution Ratifying the 2024 City Council Goals
Summary
Setting Council goals plays a pivotal role in shaping both the organization and the community, defining priorities, and providing a clear vision for the future. Each year, City Council members convene a special meeting to set the City's course, establishing yearly goals that align with the envisioned future and guide decision-making across all levels of City government. This collaborative goal-setting process ensures Council consensus on policies and projects, directly impacting residents, businesses, and the community. These established goals become the foundation for the City Manager to set priorities, direct work activities, and allocate staffing and financial resources effectively.

On February 2, at a Special Goal Setting session, the City Council identified five main goals to focus on for this year. City staff has compiled the information and endeavored to distill it into clear and comprehensible statements for the City Council's consideration. It's important to highlight that the goals are not presented in a prioritized order.

Goal #1 – Housing
The Council unanimously commits to addressing housing needs across all levels. From affordable housing to market-rate residences, diverse options are envisioned. The Council discussed potential strategies, emphasizing efficiency in Housing Element implementation— streamlining processes, simplifying procedures, and exploring fair fee structures. Financial viability for housing projects is a priority, urging exploration of various funding options.

Collaborating with partners, both public and private, is key to leveraging resources and expertise for innovative solutions. Additionally, the Council acknowledges the need for compassionate strategies to support and house unhoused community members.

Goal #2 - Annexation/Unification
The City Council discussed the initial steps in exploring annexation options and opportunities for areas adjacent to the City of Sonoma. This would begin with obtaining affirmation from both the City Council and the Board of Supervisors to request a comprehensive study developed by the Local Agency Formation Commission (LAFCO) that will guide decisions, assessing the feasibility and benefits of annexation for the greater good of our community. In addition, a community engagement process would start to gather input from those that live in the City of Sonoma and the potential annexation area. The Council emphasized that the process should be transparent and prioritize an inclusive public engagement process to ensure that residents are active participants in decision-making.

Agenda Item #9.2:

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Goal #3 - Economic Development/Revenue Stewardship
Asserting a dedication to economic vitality, the Council intends on creating a business-friendly environment, vital for economic development. Attracting, retaining, and diversifying businesses aligns with economic goals. Identifying and implementing revenue-enhancing strategies ensures financial stability for essential services. Exploring diverse financial resources, including grants and bonds, supports potential economic development initiatives. The Council also considers nurturing small businesses through targeted support programs, fostering entrepreneurship and community resilience.

Goal #4 - Climate Mitigation and Adaptation
The Council aspires to position the City of Sonoma as a leader in climate action, responding proactively to the challenges of a changing climate. By implementing recently adopted climate action strategies, the city aims to reduce its environmental impact and inspire neighboring communities.

Key initiatives include improving public transit to promote sustainable transportation and expanding and protecting the city's tree canopy to enhance climate resilience. These measures, alongside potential additional strategies, signify the City of Sonoma's commitment to setting a trend in effective climate mitigation and adaptation. Through community engagement and collaboration, the city strives to demonstrate the positive influence local efforts can have on the global fight against climate change.

Goal # 5 - Parks and Recreation/Community Services
The City is interested in creating a Parks and Recreation Department to provide enhanced recreational sites and services for residents of all ages. Exploring a potential tax revenue measure to ensure a robust staffing and organizational structure for efficient service delivery is essential. Collaborating with community partners, supporting, and promoting the arts, and preserving and enhancing the cemetery as a sacred space and vital community history element, as well as encouraging community engagement through volunteer opportunities, are also priorities within this goal.

In addition, the City intends to create a comprehensive plan for the Plaza Park, including a master plan and landscape management plan, to ensure it remains a vibrant and wellmaintained community hub. Additionally, the Council wishes to explore conservation easements in commitment to protect and preserve natural resources.

City staff is requesting that the City Council review the information presented above, provide additional feedback and/or direction, and then adopt the resolution ratifying the 2024 City Council Goals.

Recommended Council Action
Staff recommends that the City Council provide any additional feedback and then adopt the resolution ratifying the 2024 City Council Goals as presented or as amended.

Alternative Actions
Council discretion.

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Financial Impact
There is no financial impact as a result of this action; however, as the goals are moved forward there will be additional costs, which is unknown at this time.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - 2024 City Council Goals
Agenda Item #9.2:

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City of Sonoma
RESOLUTION # _______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA RATIFYING THE 2024 CITY COUNCIL GOALS
WHEREAS, on February 2, 2024, the City Council met in a Special Goal Setting Session, received public input and after careful deliberation identified five main goals for 2024; and, WHEREAS, on February 21, 2024, the City Council considered these goals and gave additional input.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby ratifies the 2024 City Council Goals as listed below and expanded in Exhibit A to this resolution:
2024 City Council Goals
Housing
Annexation/Unification
Economic Development/Revenue Stewardship
Climate Mitigation and Adaptation
Parks and Recreation/Community Services
PASSED, APPROVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 21st day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
John Gurney, Mayor
ATTEST:
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:

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Exhibit A
2 2024 City of Sonoma Council Goals
Goal #1 - Housing
The Council unanimously commits to addressing housing needs across all levels. From affordable housing to market-rate residences, diverse options are envisioned. The Council discussed potential strategies, emphasizing efficiency in Housing Element implementation—streamlining processes, simplifying procedures, and exploring fair fee structures. Financial viability for housing projects is a priority, urging exploration of various funding options. Collaborating with partners, both public and private, is key to leveraging resources and expertise for innovative solutions. Additionally, the Council acknowledges the need for compassionate strategies to support and house unhoused community members.

Goal #2 - Annexation/Unification
The City Council discussed the initial steps in exploring annexation options and opportunities for areas adjacent to the City of Sonoma. This would begin with obtaining affirmation from both the City Council and the Board of Supervisors to request a comprehensive study developed by the Local Agency Formation Commission (LAFCO) that will guide decisions, assessing the feasibility and benefits of annexation for the greater good of our community. In addition, a community engagement process would start to gather input from those that live in the City of Sonoma and the potential annexation area. The Council emphasized that the process should be transparent and prioritize an inclusive public engagement process to ensure that residents are active participants in decisionmaking.

Goal #3 - Economic Development/Revenue Stewardship
Asserting a dedication to economic vitality, the Council intends on creating a business-friendly environment, vital for economic development. Attracting, retaining, and diversifying businesses aligns with economic goals. Identifying and implementing revenue-enhancing strategies ensures financial stability for essential services. Exploring diverse financial resources, including grants and bonds, supports potential economic development initiatives. The Council also considers nurturing small businesses through targeted support programs, fostering entrepreneurship and community resilience.

Goal #4 - Climate Mitigation and Adaptation
The Council aspires to position the City of Sonoma as a leader in climate action, responding proactively to the challenges of a changing climate. By implementing recently adopted climate action strategies, the city aims to reduce its environmental impact and inspire neighboring communities.

Key initiatives include improving public transit to promote sustainable transportation and expanding and protecting the city's tree canopy to enhance climate resilience. These measures, alongside potential additional strategies, signify the City of Sonoma's commitment to setting a trend in effective climate mitigation and adaptation. Through community engagement and collaboration, the city strives to demonstrate the positive influence local efforts can have on the global fight against climate change.

Goal # 5 - Parks and Recreation/Community Services
The City is interested in creating a Parks and Recreation Department to provide enhanced recreational sites and services for residents of all ages. Exploring a potential tax revenue measure to ensure a robust staffing and organizational structure for efficient service delivery is essential.

Collaborating with community partners, supporting and promoting the arts, and preserving and enhancing the cemetery as a sacred space and vital community history element, as well as encouraging community engagement through volunteer opportunities, are also priorities within this goal. In addition, the City intends to create a comprehensive plan for the Plaza Park, including a master plan and landscape management plan, to ensure it remains a vibrant and well-maintained community hub. Additionally, the Council wishes to explore conservation easements in commitment to protect and preserve natural resources.

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 21 Feb 2024
Department
Police
Staff Contact
Brandon Cutting, Police Chief
Agenda Item Title
Introduction of an Ordinance Adding Chapter 10.22 to Title 10 of the Sonoma Municipal Code Regulating Sideshows, Street Races, and Reckless Driving Exhibitions Summary
Sideshow activity and street race gatherings have been increasing in frequency, crowd size, and reach around the bay area over the last few years. Sideshow activity presents a significant public safety and quality of life concern for residents and visitors to the City of Sonoma. This ordinance is being proposed with the intention of dissuading participation in these sideshows as well to provide consistency across the other Sonoma County jurisdictions in response and enforcement. This ordinance also provides an additional tool for the Sonoma Police Department to directly address these very dangerous events.

Sideshows, street racing, and reckless driving exhibitions are all ways of describing the events that occur when vehicles are operated in a reckless and unsafe manner in violation of several existing vehicle code laws. The damage created as a result of these events typically results in the city having to bear the expense of the damage to the city property and property owner’s personal insurance. These activities are usually held during the late night or early morning hours involving drifting, speeding, burnouts, and donuts. Large scale events are occurring all over the bay area, with many events having happened in Santa Rosa and Petaluma over the last few years. These events are not spontaneous, rather well planned and marketed events through their groups on social media. The events around Sonoma and Napa County have involved hundreds of spectators with their vehicles, blocking off sections of roadway, parking lots, and intersections so the activity can take place without the intervention of law enforcement.

With these events being secretive in location and time, law enforcement is responding in most cases, after the damage to property is done. The law enforcement response leads the hundreds of those in attendance to flee at high rates of speed, causing even more dangerous conditions as these groups move to alternate locations to complete the events.

As these events draw large crowds of spectators that understand the illegal nature of being the driver of one of these vehicles, these spectators become participants in dangerous and reckless nature of the events by preventing law enforcement access to the drivers that are the center of attention. Adding the ability for law enforcement to address the spectators and drivers alike creates a uniform response plan for all communities in Sonoma County, telling these events that they are not welcome, driver or observer alike.

One of the goals in this proposed ordinance is having consistency across the jurisdictional boundaries within Sonoma County. Sonoma County, City of Santa Rosa, City of Rohnert Park, and the Town of Windsor all have adopted similar ordinances. The City of Petaluma and the City of Cotati have both indicated that they plan on proposing similar ordinances to their councils for consideration.

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This ordinance will be used to effectively dissuade those who promote and encourage participation in and spectating of these dangerous exhibitions by extending penalties to those who incite the activities in the first place.

What the ordinance does is:
• Provides definitions outlining parameters of ordinance. • Prohibits promoting, organizing, or facilitating spectators to gather at exhibitions or where preparations are being made for exhibitions.
• Makes it unlawful to knowingly participate as a driver or passenger. • Makes it unlawful to knowingly be present as a spectator or where preparations are being made.

It is the intent of this ordinance to improve public safety and the physical environment for the members of the community and dissuade these types of events from taking place in the City of Sonoma.

This punishment is conducted in accordance with Sonoma Municipal Code 1.12.010.

Recommended Council Action
Introduce the ordinance.

Alternative Actions
Council discretion.

Financial Impact
There are no financial impacts resulting from this action.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Sideshow Ordinance
Side Show Ordinance Presentation
Agenda Item #9.3:

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1 City of Sonoma
ORDINANCE # _____ - 2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA ADDING CHAPTER

10.22 TO TITLE 10 OF THE SONOMA MUNICIPAL CODE REGULATING SIDESHOWS,

STREET RACES, AND RECKLESS DRIVING EXHIBITIONS
WHEREAS, the City Council of the City of Sonoma does not presently regulate sideshows, street races, and/or reckless driving exhibitions; and
WHEREAS, sideshows, street races, and reckless driving exhibitions are dangerous to the pedestrian and motor vehicle safety for those in the area and in attendance; and WHEREAS, sideshows, street races, and reckless driving exhibitions endanger not only the health and safety of participants and spectators, who may be struck by recklessly driven motor vehicles, but also members of the general public, who may be impacted by traffic caused by such events as well as the diversion of public safety personnel to such events; and WHEREAS, sideshows, street races, and reckless driving exhibitions are costly to the community with the damage caused to the road surface and structures around these events; and
WHEREAS, sideshows, street races, and reckless driving exhibitions that are not identified as unlawful have demonstrated an increase in attendance in a short time; and WHEREAS, cities within Sonoma County have had a significant increase in the occurrence and attendance at such events, leading to a Countywide law enforcement response to such events; and
WHEREAS, attendance at such events draws participation from around the County and other bay area cities when a stated prohibition of such events is not specifically stated; and WHEREAS, the sideshows, street races, and reckless driving exhibitions Sonoma County has experienced are not spontaneous, but typically coordinated, organized, planned, and promoted on social media; and
WHEREAS, if a sideshow, street race, and/or reckless driving exhibition were to occur in the City of Sonoma, this ordinance would give law enforcement the ability to effectively address the participants, passengers, spectators, and organizers; and WHEREAS, the City Council of the City of Sonoma finds that regulating sideshows, street races, and reckless driving exhibitions would constitute a sensible traffic safety regulation and would not be unduly burdensome for the safe operation of any motor vehicle.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA HEREBY ORDAINS AS FOLLOWS:

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2 SECTION 1. The above recitals are adopted as findings of the City Council in enacting this ordinance.

SECTION 2. Chapter 10.22 is added to the Sonoma Municipal Code to read as follows:

Chapter 10.22 Sideshows, Street Races, and Reckless Driving Exhibitions

10.22.010 Definitions.

10.22.020 Sideshows, Street Races, and Reckless Driving Exhibitions prohibited.

10.22.030 Spectators prohibited at Sideshows, Street Races, and Reckless Driving Exhibitions.

10.22.040 Relevant circumstances to prove a violation.

10.22.050 Promoting, Organizing, or Facilitating Spectators to gather at Sideshows, Street Races and Reckless Driving Exhibitions prohibited.

10.22.060 Penalties for Violations.

Section 10.22.010. Definitions.

For purposes of this chapter, the following definitions shall apply:

A. "Off-street Parking Facility" is defined in subdivision (c) of Vehicle Code section 12500, as may be amended.

B. “Participant” means any individual driving a vehicle used in a sideshow, street race, or reckless driving exhibition.

C. “Passenger” means any individual riding in a vehicle used in a sideshow, street race, or reckless driving exhibition.

D. "Preparations" for any sideshow, street race, or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of a sideshow, street race or reckless driving exhibition:

1. One (1) or more motor vehicles and persons have arrived at a location on a public street or highway or in an off-street parking facility for the purpose of participating in or observing a sideshow, street race, or reckless driving exhibition;

2. One (1) or more persons have gathered on, or adjacent to, a public street or highway for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;

3. One (1) or more persons have gathered in an off-street parking facility for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;
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3 4. One (1) or more persons have impeded the free public use of a public street, highway, or off-street parking facility by acts, words, or physical barriers for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;

5. One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;

6. One (1) or more drivers are revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or

7. A person is standing or sitting in a location to act as a race starter.

E. “Present” means a spectator is within two hundred (200) feet of the location of the sideshow, street race or reckless driving exhibition, or within two hundred (200) feet of the scene of the preparations for the sideshow, street race or reckless driving exhibition.

F. "Reckless driving exhibition" means any exhibition of reckless driving referred to in Vehicle Code section 23103, as may be amended.

G. “Scene” means the location of the sideshow, street race, or reckless driving exhibition or the location of the preparations for the sideshow, street race or reckless driving exhibition.

H. “Sideshow” means any exhibition of reckless driving referred to in Vehicle Code section 23103, as may be amended.

I. "Spectator" means any person who is present at a sideshow, street race, or reckless driving exhibition, or the site of the preparations for any of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A “spectator” includes any person at the location of the event without regard to the means by which the person arrived.

J. “Street race” means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of Vehicle Code section 23109, as may be amended.

Section 10.22.020 Sideshows, street races, and reckless driving exhibitions prohibited.

It shall be unlawful for any person to:

A. Knowingly participate as a driver at a sideshow, street race, or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility; or B. Be knowingly present as a passenger at a sideshow, street race, or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

Section 10.22.030 Spectators prohibited at sideshows, street races, and reckless driving exhibitions.

A. It shall be unlawful for any person to:

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4 1. Be knowingly present as a spectator at a sideshow, street race, or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

2. Be knowingly present as a spectator where preparations are being made for a sideshow, street race, or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

B. Nothing in this chapter prohibits peace officers, medical professionals, firefighters or their agents who are acting in the course of their official duties from being spectators at a sideshow, street race, or reckless driving exhibition or spectators at the location of preparations for any of these activities.

Section 10.22.040 Relevant circumstances to prove a violation.

A. To prove a violation of this chapter, admissible evidence may include, but is not limited to, any of the following:

1. That the person charged has previously participated in, been a passenger in, or been a spectator at a sideshow, street race or reckless driving exhibition;

2. That the person charged has previously aided and abetted a sideshow, street race, or reckless driving exhibition;

3. That the person charged has previously attended a sideshow, street race, or reckless driving exhibition; or

4. That the person charged was previously present at the scene where preparations were being made for a sideshow, street race, or reckless driving exhibition, or where a sideshow, street race, or reckless driving exhibition was in progress.

Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the motive, opportunity, intent, plan, knowledge, identity, or the absence of mistake or accident, or propensity of the defendant to be present at or attend a sideshow, street race, or reckless driving exhibition if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a sideshow, street race, or reckless driving exhibition was taking place.

B. In addition to the circumstances set out in subsection A above, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following:

1. The time of day;

2. The nature and description of the scene, including the number and configuration of traffic lanes;

3. The number of people at the scene;

4. The location of the person charged in relation to any person or group of persons present at the scene;

5. The number and descriptions of motor vehicles at the scene; Agenda Item #9.3:

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5 6. That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;

7. That the person charged drove or was transported to the scene.

Section 10.22.050. Promoting, organizing, or facilitating spectators to gather at sideshows, street races and reckless driving exhibitions prohibited.

A. It shall be unlawful for any person to knowingly encourage, organize, promote, publicize, instigate, assist, facilitate, aide, or abet the gathering of persons as spectators at a sideshow, street race, or reckless driving exhibition conducted on a public street or highway, or off-street parking facility.

B. It shall be unlawful for any person to knowingly encourage, organize, promote, publicize, instigate, assist, facilitate, aide, or abet the gathering of persons as spectators where preparations are being made for a sideshow, street race, or reckless driving exhibition conducted on a public street or highway, or in an off-street parking facility.

Section 10.22.060. Penalties for violations.

A. Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of $1,000.00, unless at the discretion of the prosecuting agency, the violation is reduced to an infraction.

B. Any person who violates this chapter or who aids in the violation of this chapter is liable for the actual damages caused by said violation, in such amount as may be determined by a jury or a court sitting without a jury.

SECTION 3. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance establishes regulations and penalties for sideshows, street races, and/or reckless driving exhibitions and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsections, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the cat that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 6. Publication. This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

Agenda Item #9.3:

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6 SECTION 7. This Ordinance Prevails Where There is Conflict. To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or City ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
___________________________
John Gurney, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
Date: ____________________
******
I HEREBY CERTIFY the foregoing ordinance was introduced in a Regular Meeting of the City Council of the City of Sonoma held on the ________, 2024, and was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.3:

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2/15/2024
1 SONOMA POLICE

DEPARTMENT
Sideshows are an informal exhibition of automotive stunts, often held in vacant parking lots and public street intersections in local neighborhoods.

A sideshow includes spinning doughnuts, which are exhibitions of speed in combination with loss of tire traction, as well as other reckless driving maneuvers.

These significantly effect local neighborhoods resulting in calls for loud music, speeding, blocked intersections, and squealing tires.

Often crowds of spectators, both in and out of cars, gather around the reckless driving exhibitions which can be very dangerous.

Many times, violent incidents including fights and shootings will occur at the events.

Suspects and spectators involved in these events frequently flee the scene, resulting in high-speed vehicle pursuits.

Sideshow Ordinance for the
City of Sonoma.
1 2
Agenda Item #9.3:

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2/15/2024
2 -Damage to private property with the loss of control during these shows. -Tire marks on the roadway destroying road markings, and damage to roadway surface.
-Noise pollution from engines and tires.
-An environmental impact on air quality, litter, and fires. -Danger with the event itself to spectators and participants with vehicle collisions, violence between spectators, and even shootings.

Impacts to the community
and the city.

This ordinance would prohibit participating, spectating, and/or promoting illegal sideshows, street races and reckless driving exhibitions on public streets, highways, and off-street parking facilities in the City of Sonoma.

This makes it unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as spectators at a sideshow, street race or reckless driving exhibition.

Violations of this ordinance would be charged with a misdemeanor crime and would be liable for the damages caused by the violation.

What is in the proposed
ordinance?
3 4
Agenda Item #9.3:

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2/15/2024
3 SONOMA POLICE

DEPARTMENT
5 Agenda Item #9.3:

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