Sonoma City Council
May 15, 2024

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, May 15, 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.

Page

6:00 P.M. – REGULAR MEETING

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

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

4.1: 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.

5. CITY ATTORNEY COMMENTS

6. PRESENTATIONS

6.1: Proclamation Declaring the Week of May 19-25, 2024, as "Classified School Employee Week" in the City of Sonoma

6.2: Proclamation Proclaiming May 2024 as Asian American and Pacific Islander Heritage Month in the City of Sonoma

6.3: Proclamation Proclaiming May 2024 as "Bike Month" and May 16, 2024, as "Bike to Work Day" in the City of Sonoma

6.4: Proclamation Proclaiming the Week of May 19-25, 2024, as "National Public Works Appreciation Week" in the City of Sonoma

6.5: Sonoma County Library Presentation by Library Director Erika Thibault

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: Recieve the Minutes from the Regular Meeting of May 1, 2024 (Monique Saviez Burns, Deputy City Clerk)
RECOMMENDATION: Recieve the Minutes.

05.01.2024 Regular Meeting Minutes
5 - 7

7.3: Accept the Expenditure Report for the Months of March & April 2024. (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Accept the Expenditure Reports.

Agenda Report - Expenditure Reports - March and April 2024 - Pdf 8 - 11

7.4: Adopt a Resolution Authorizing the City to Apply for Funding from the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection, to Implement Tree Protection Strategies Identified in the 2024 Climate Action Strategies. (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - CAL FIRE Grant Application - Pdf
12 - 17

7.5: Adopt a Resolution Authorizing the City Manager To Execute a Professional Services Agreement with ZFA Structural Engineers In An Amount Not To Exceed $150,000 Annually To Provide As-Needed Structural Engineering Services. (Mike Berger, Public Works Director)
RECOMMENDATION: Adopt the Resolution.

Agenda Report - On-Call Structural Engineering Agreement - Pdf 18 - 54

7.6: Adopt Two Ordinances Amending Sections of the Sonoma Municipal Code Pertaining to Appeal Time Periods and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment. (Jennifer Gates, AICP, Community Development Director) RECOMMENDATION:

1. Adopt an Ordinance of the City Council of the City of Sonoma amending Section 2.32.110 (Appeal), Section 3.16.100 (Appeal), Section 5.04.150 (Appeal), Section 7.25.050 (Issuance Of License),

7.40.150 (Appeals), Section 9.56.060 (C) (Exceptions Allowed With Permit), Section 12.08.070 (Appeals), Section 12.12.080 (Appeal), Section 12.14.110 (Requirement, Variance or Decision Appeals), Section 12.20.150 (Right of Appeal), Section 13.10.080(B) (Exceptions and Application Procedures for Exceptions), Section 14.25.250 (Appeals of Decisions) of The City of Sonoma Municipal Code and finding this action is exempt from further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) that CEQA only applies to Projects that have the potential for causing a significant effect on the environment; and

2. Adopt an Ordinance of the City Council of the City of Sonoma amending Section 1.24.020 (Notice), Section 19.56.020 (Effective Date of Permits), Section 19.84.030 (Filing of Appeals), And Section

19.84.040 (Processing of Appeals) of The City of Sonoma Municipal Code and finding this action is exempt from further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) that CEQA only applies to 55 - 68

Projects that have the potential for causing a significant effect on the environment.

Agenda Report - Ordinances Adoption - Appeals - Pdf

8. PUBLIC HEARING

8.1: Consideration, Discussion, and Possible Action to Introduce an Ordinance of the City Council Amending Sonoma Municipal Code Chapter 12.06 (Sidewalk Seating Permits) and Section 19.50.060 (Outdoor Dining, Display, and Sales Standards), and Finding the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines. (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Introduce an ordinance of the City Council of the City of Sonoma amending Sonoma Municipal Code Chapter 12.06 (Sidewalk Seating Permits) and Section 19.50.060 (Outdoor Dining, Display, and Sales Standards), and finding the proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines.

Agenda Report - Ordinance Introduction - Sidewalk Seating - Pdf 69 - 80

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

9.1: Discussion, Consideration, and Possible Action to Adopt a Resolution Approving a First Amendment to the Employment Agreement with the City Manager and Authorizing the Mayor to Execute Same. (David J. Ruderman, City Attorney)
RECOMMENDATION: Adopt a resolution approving the first amendment to the employment agreement for City Manager David Guhin.

Agenda Report - First Amendment of City Manager Employment Agreement - Pdf
81 - 83

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

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

City of Sonoma's Commission and Committee Roster: Commission & Committee Roster - May 2, 2024 Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

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

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

City Council:

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, May 1, 2024
6:00 PM Regular Meeting
Regular Meeting Minutes, May 1, 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 Lowe, and Council Member Ding

REPORT ON CLOSED SESSION
A Closed Session was held for labor negotiations and performance evaluation concerning the City Manager. No reportable action was taken in Closed Session.

APPROVAL OF AGENDA
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to approve the agenda with Items 6.1 and 6.2 moved in front of general public comment. Motion carried unanimously.

1. COMMENTS FROM THE PUBLIC
Claire Wirick Carlomagno, Mike Smith, Casper Bolling, Julianna MacDonald, Madolyne Jaramillo, Pete Saibene, Maximillian Campos, Alex Garcia, Richard Holsworth, Bath Hadley, Marty Bennett, Fred Allebach, Julian Mendez, Celine King, Tom Conlon, Ava Volger, Iris Lombard, Ariel Mihic, Clayton Cartozian, Tanya Marsh, Seth Donnelly, Victoria Hernandez, Patricia Barakat, Lauren Kershner, Jeremy Marquardt, Jeff Jackson, Sarah Lawrence, Simone Grasshoff, Zach Roth, Maria Barakat, Nico Carmer, Sabina Cesar, and Kannitha Hun provided public comments.

Mayor Gurney called for a recess at 7:07 p.m.; Council reconvened at 7:13 p.m.

2. MEETING DEDICATIONS
Mayor Gurney dedicated the meeting to Larry Murphy.

By consensus of the Council, Staff was directed to investigate the possibility of naming the France Stre bridge in Mr. Murphy’s name.

3. COUNCIL MEMBERS’ REPORTS AND COMMENTS
Council Member Ding attended a Cal-Cities Revenue and Taxation Committee meeting in Southern California on March 21, 2024.

From April 12 through April 14, 2024, Council Member Farrar-Rivas attended the Climate Reality Project in New York City. She also attended a Sonoma Clean Power meeting on April 4, 2024, in addition to a Sonoma Valley Citizens Advisory Commission meeting on April 24, 2024.

Council Member Wellander attended the City Leaders Summit from April 22 – 24, 2024, in Sacramento, which was put on by the League of California Cities. He also attended a Sonoma County Homeless Coalition meeting as well as a Shared Services meeting with Supervisor Gorin.

Council Member Lowe attended a Local Agency Formation Commission Agency meeting on May 1, 2024.

Council Member Lowe also announced that Julie Goldberg would be her direct appointment on the Design Review and Historic Preservation Commission.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin announced that the City has hired a Finance Director and will soon make a public announcement. Mr. Guhin also pointed out specific work being done around the Plaza, including the installation of new bike racks and the annual cleaning of the duck ponds. Next Tuesday, May 7th, the annual Tuesday Night Market will kick off. City Manager Guhin announced that the City’s Cultural and Fine Arts Commission (CFAC) awarded Noa Malone the 2024 Student Creative Artist Award. Mr.

Malone will be recognized at an upcoming City Council meeting, a date to be determined. Mr. Guhin also wanted to recognize and congratulate Chris Pegg, Public Works Operations Manager, and Monique Saviez Burns, Deputy City Clerk, for participating and graduating from the inaugural cohort of the Marin-Sonoma Governmental Leadership Academy. He also pointed out that the next exhibit for the City Council Chambers Rotating Art Program will be showcasing Earth Day photos and will be completely installed by the next City Council meeting. Lastly, Mr. Guhin stated that he will be out of Agenda Item #7.2:

Regular Meeting Minutes, May 1, 2024
town for the next City Council meeting scheduled for May 15th; Community Development Director Jennifer Gates will be the Acting City Manager.

5. CITY ATTORNEY COMMENTS
City Attorney Ruderman provided an update regarding the Cal-Cities Business Roundtable Measure.

6. PRESENTATIONS
Item 6.1: Proclamation Recognizing the week of May 5 through 11, 2024, as Professional Municipal Clerks Week
Item 6.2: Proclamation Declaring the Week of May 6-10, 2024 as “National Teacher Appreciation Week” and Tuesday, May 7, 2024, as “National Teacher Appreciation Day”

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to approve the agenda with Item 7.3 being pulled for separate consideration. Motion carried unanimously.

Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 7.2: Receive the Minutes of the Regular Meetings of March 20, 2024, and April 3, 2024 (Monique Saviez Burns, Deputy City Clerk)
Action: Minutes were received.

Item 7.3: Adopt a Resolution Approving Public Works to Paint the Two City Cross Walks in Front of the Historic City Hall In Honor of Gay Pride Month in June of 2024 (Lisa Janson, Senior Management Analyst)
Action: Adopted as Resolution 25-2024.

Public Comment: Tom Conlon and Sarah Lawrence
Motion by Council Member Lowe, seconded by Council Member Ding, to adopt a resolution approving Public Works to paint the two crosswalks in front of the Historic City Hall in honor of Gay Pride Month in June 2024. Motion carried 3-2 with Council Member Lowe, Vice Mayor Farrar-Rivas, and Council Member Ding voting YES, and Council Member Wellander and Mayor Gurney voting NO.

Item 7.4: Adopt a Resolution Approving Temporary Use of City Streets by Sonoma Valley Vintners and Growers Alliance for the Annual Lighted Tractor Parade on Saturday, November 30, 2024 (Lisa Janson, Senior Management Analyst)
Action: Adopted as Resolution 26-2024.

Item 7.5: Adopt a Resolution Approving and Consenting to the Use of City Streets for the July 4th Parade on Thursday, July 4, 2024 (Lisa Janson, Senior Management Analyst) Action: Adopted as Resolution 27-2024.

Item 7.6: Adopt a Resolution to 1) Authorize the City Manager to Execute a Maintenance Service Agreement with Precision Emprise LLC dba Precision Concrete Cutting in an Amount Not to Exceed $56,500 for Repair of Sidewalk Trip Hazards and Defects; and 2) Make Finding that the Project to Repair Sidewalk Trip Hazards and Defects is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) (Mike Berger, Public Works Director) Action: Adopted as Resolution 28-2024.

8. PUBLIC HEARING
Item 8.1: Ordinances Amending Sections of the Sonoma Municipal Code Pertaining to Appeal Time Periods and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA Only Applies to Projects that Have the Potential for Causing a Significant Effect on the Environment (Kristina Tierney, Associate Planner) Action: Ordinances were introduced.

Public Comment: Tom Conlon
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to introduce an ordinance of the City Council of the City of Sonoma amending Section 2.32.110 (Appeal), Section 3.16.100 (Appeal), Section 5.04.150 (Appeal), Section 7.25.050 (Issuance of License), 7.40.150 (Appeals), Section

9.56.060 ( C) (Exceptions Allowed With Permit), Section 12.08.070 (Appeals), Section 12.12.080 (Appeal), Section 12.14.110 (Requirement, Variance or Decision Appeals), Section 12.20.150 (Right of Appeal), Section 13.10.080(B) (Exceptions and Application Procedures for Exceptions), Section

14.25.250 (Appeals of Decisions) of the City of Sonoma Municipal Code and finding this action is exempt from further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061 (B)(3) that CEQA only applies to Projects that have the potential for causing a significant effect on the environment. Motion carried unanimously.

Agenda Item #7.2:

Regular Meeting Minutes, May 1, 2024
Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Ding, to introduce an ordinance of the City Council of the City of Sonoma amending Section 1.24.020 (Notice), Section 19.56.020 (Effective Date of Permits), Section 19.84.030 (Filing of Appeals), And Section 19.84.040 (Processing of Appeals) of The City of Sonoma Municipal Code and finding the action is exempt from further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061 (B) (3) that CEQA only applies to Projects that have the potential for causing a significant effect on the environment. Motion carried unanimously.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: A Resolution Setting a Public Hearing Regarding Adjustments to Rates for Solid Waste Utility Service for June 19, 2024, and Directing Staff to Provide Notice of the Hearing as Required by Law (Mike Berger, Public Works Director)
Action: Adopted as Resolution 29-2024.

Motion by Council Member Lowe, seconded by Council Member Ding, to adopt a resolution setting a public hearing regarding adjustments to rates for solid waste utility service for June 19, 2024, and directing staff to provide notice of the hearing as required by law. Motion carried unanimously.

Item 9.2: Appointments to the Design Review & Historic Preservation Commission, Parks, Recreation & Open Space Commission, and Traffic Safety Committee (Monique Saviez Burns, Deputy City Clerk)
Action: Appointments were made to the Design Review and Historic Preservation Commission, Parks, Recreation, and Open Space Commission, and Traffic Safety Committee.

Council Member Lowe nominated Peter Drake as an at-large member of the Design Review and Historic Preservation Commission. Motion carried unanimously. By consensus of the Council, the City will continue to accept applications for the remaining vacant at-large position on the Design Review and Historic Preservation Commission.

Council Member Ding nominated Savannah Wellander as an at-large member of the Parks, Recreation, and Open Space Commission.

Vice Mayor Farrar-Rivas nominated Lucas Wright as an at-large member of the Parks, Recreation, and Open Space Commission.

Motion on the nomination of Savannah Wellander carried 3-1-1 with Mayor Gurney, Council Member Ding, and Council Member Lowe voting YES, Vice Mayor Farrar-Rivas voting NO, and Council Member Wellander abstaining.

Council Member Wellander nominated John Newman as an At-Large Member of the Traffic Safety Committee. Motion carried unanimously.

10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 8:54 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 15th of May 2024.
___________________________________
Monique Saviez Burns, Deputy City Clerk
Agenda Item #7.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 May 2024
Department
Finance
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Accept the Expenditure Report for the Months of March & April 2024.

Summary
The attached reports show disbursements for the months of March and April 2024.

Fund 304 (Parks & Facilities CIP) shows expenses exceeding the annual budget by 129%. 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. Further, there is a reduction in the revenue from March 2024 to April 2024 as a result of reclassifying impact fees to Fund 314 (Parks in Lieu).

Fund 316 (Prop 68 Parks) indicates expenses exceeding the annual budget by 5%; however, matching funds in the amount of $46,254 for the waste receptacles project are currently in Fund 304, which should offset the overage.

Fund 391 (Successor Agency) shows a negative fund balance of $20,764,341 which is due largely to the debt service liability for tax allocation bonds.

Fund 510 (Water Utility) transfer out budget was increased by $3,493,981 as a result of resolution #09-2024 for the water meter upgrade project.

Fund 796 (IGT) shows expenses exceeding the annual budget by 60% as a result of the Department of Health Care Services assessing $457,218 for CY21 and CY22 enrollment reconciliations in their Voluntary Rate Range Program, in which the city participates. A budget adjustment will be required to cover the overage.

A detailed list of disbursements is available at the web site indicated at the bottom of the report.

Recommended Council Action
Accept the Expenditure Report for the Months of March & April 2024.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Reports, March & April 2024.

Agenda Item #7.3:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Disbursement Report March 2024 (incl Fund Balance)
Disbursement Report April 2024 (incl Fund Balance)
Alignment with Council Goals:

Agenda Item #7.3:

DISBURSEMENT REPORT MARCH 2024
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 14,324,487 24,256,842 59% 12,887,900 City Council 41001 10,635 113,935 153,023 74%
City Clerk 41002 13,564 195,703 393,433 50%
City Manager 41003 109,993 994,796 1,314,858 76%
Finance 41004 21,606 465,682 801,131 58%
City Attorney 41005 23,952 162,633 337,914 48%
Police 42101 40,762 3,879,358 6,499,239 60%
Fire 42201 605,505 5,302,483 7,789,458 68%
Public Works - Admin 43020 30,123 398,732 536,512 74%
Public Works - Streets 43022 67,083 830,450 1,081,664 77% Public Works - Parks 43023 68,816 950,460 1,428,277 67% Planning 43030 93,202 996,784 1,270,847 78%
Building 43040 28,310 637,698 1,019,840 63%
Community Activities 43101 50,048 597,557 930,926 64%
Successor Agency 43199 2,560 60,767 205,251 30%
Non-Departmental 43200 84,771 621,195 809,890 77%
Emergency Response 43201 120 5,528 - 0%
Transfers - 239,703 833,749 29%
Total Gen Fund Exp 1,251,050 16,453,464 25,406,012 65%
Other Funds
Public Education & Gov 202 31,727 - 21,627 59,061 37% 996 Strong Motion 203 36 - - - 0% 6,289
Asset Forfeiture 211 - - - - 0% 15,974
SLESF C.O.P.S Grant 217 126,315 - - 102,100 0% 492,604
Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,196)
Schell Drainage 234 - - - - 0% 53,469
Abandoned Vehicle 240 2,311 2,370 13,208 - 0% (26,204)
Streets/Transport/Drain 301 91,050 234,699 2,795,852 3,470,610 81% (2,778,211) Gas Tax 302 203,743 33,076 266,340 510,000 52% 731,155
SB-1Road Maint 303 157,362 - - 350,000 0% 553,873
Parks & Facilities 304 214,090 92,084 248,393 108,500 229% 267,780 Transportation Measure M 313 59,009 - 179 130,000 0% 364,214 Parks-In-Lieu/Quimby Act 314 - - - 50,000 0% 318,173
Parks Measure M 315 82,522 - - 157,000 0% 447,376
Prop 68 Parks 316 - 6,620 187,912 194,532 97% (198,181) Successor Agency 391 1,098,713 - 1,395,398 2,630,651 53% (20,890,100) CREBS 495 - - 41,749 41,749 100% (166,996)
2012 POB 498 - - - - 0% (5,336)
Cemetery Pre-need 500 - - - - 0% 12,454
Cemeteries 501 137,989 30,344 226,110 509,532 44% (2,089,079) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 23,015 - - 50,000 0% 809,385
Water Utility 510 4,304,890 216,915 3,035,881 6,555,949 46% 8,994,454 Water CIP 512 1,362 5,087 191,441 4,193,981 5% 1,500,945 Water Equip Replacement 513 - - - - 0% 672,586
EMS Equip Replacement 521 - - - - 0% (3,889)
Mgmt Information Srvcs 601 362,231 20,578 251,987 542,393 46% 332,119 Vehicle Replacement 603 242,842 - 307,377 536,000 57% 1,167,271 Insurance 604 - - - - 0% 46,579
Bulding Maintenance 610 177,555 733 733 281,500 0% 2,994,942 Computer Loan 614 - - - - 0% 60,357
Hardscape Maint 615 - - - - 0% 24,502
Admin Hearings 620 - - - - 0% 248
Grants Restricted 630 1,253,719 - - - 0% 1,254,833
Culture Fine Art 701 - - - - 0% 730
Tree Trust 702 - - - - 0% 1,151
Public Art 703 - - - - 0% 332
Pool Scholarship 715 - - - - 0% (20,051)
Senior Housing 731 - - - - 0% 237,580
Housing Trust 732 264,765 - - - 0% 1,731,165
IGT 796 - - 656,028 440,000 149% 1,034,746
SVFRA Operations 798 77,492 233 4,041 - 0% 731,698
TOTAL 23,237,225 1,893,789 26,097,720 46,319,570 56%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.3:

DISBURSEMENT REPORT APRIL 2024
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 17,524,869 24,256,842 72% 15,494,374 City Council 41001 13,169 136,013 153,023 89%
City Clerk 41002 14,620 210,323 393,433 53%
City Manager 41003 122,276 1,117,012 1,314,858 85%
Finance 41004 21,940 487,622 801,131 61%
City Attorney 41005 29,159 191,792 337,914 57%
Police 42101 38,099 3,917,457 6,499,239 60%
Fire 42201 13,128 5,315,611 7,789,458 68%
Public Works - Admin 43020 94,202 496,929 536,512 93%
Public Works - Streets 43022 90,871 921,321 1,081,664 85% Public Works - Parks 43023 78,868 1,025,333 1,428,277 72% Planning 43030 60,330 1,057,115 1,270,847 83%
Building 43040 45,593 683,291 1,019,840 67%
Community Activities 43101 52,014 649,571 930,926 70%
Successor Agency 43199 2,714 63,480 205,251 31%
Non-Departmental 43200 60,129 681,323 809,890 84%
Emergency Response 43201 120 5,648 - 0%
Transfers - 257,312 833,749 31%
Total Gen Fund Exp 737,231 17,217,152 25,406,012 68%
Other Funds
Public Education & Gov 202 31,727 - 21,627 59,061 37% 996 Strong Motion 203 37 - - - 0% 6,289
Asset Forfeiture 211 - - - - 0% 15,974
SLESF C.O.P.S Grant 217 126,315 - - 102,100 0% 492,604
Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,196)
Schell Drainage 234 - - - - 0% 53,469
Abandoned Vehicle 240 2,311 1,034 14,242 - 0% (29,608)
Streets/Transport/Drain 301 91,050 87,328 2,583,454 3,470,610 74% (2,871,905) Gas Tax 302 225,823 15,339 408,610 510,000 80% 567,299
SB-1Road Maint 303 180,085 - - 350,000 0% 576,596
Parks & Facilities 304 15,620 - 248,393 108,500 229% 69,310 Transportation Measure M 313 59,009 - 179 130,000 0% 301,613 Parks-In-Lieu/Quimby Act 314 229,710 - - 50,000 0% 547,883 Parks Measure M 315 123,539 - - 157,000 0% 488,393
Prop 68 Parks 316 - - 194,532 185,015 105% (198,181)
Successor Agency 391 1,098,713 1,750 1,270,216 2,630,651 48% (20,764,341) CREBS 495 - - 41,749 41,749 100% (166,996)
2012 POB 498 - - - - 0% (5,336)
Cemetery Pre-need 500 - - - - 0% 12,454
Cemeteries 501 157,598 12,529 238,638 509,532 47% (2,081,998) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 23,385 - - 50,000 0% 811,755
Water Utility 510 4,683,818 89,907 3,125,787 10,049,931 31% 9,258,475 Water CIP 512 1,362 7,149 198,590 4,193,981 5% 1,487,594 Water Equip Replacement 513 - - - - 0% 672,586
EMS Equip Replacement 521 - - - - 0% (3,889)
Mgmt Information Srvcs 601 362,231 21,600 273,587 542,393 50% 310,519 Vehicle Replacement 603 242,842 98,519 405,896 536,000 76% 1,068,752 Insurance 604 - - - - 0% 46,579
Bulding Maintenance 610 177,555 7,594 8,326 281,500 3% 2,987,348 Computer Loan 614 - - - - 0% 60,357
Hardscape Maint 615 - - - - 0% 24,502
Admin Hearings 620 - - - - 0% 248
Grants Restricted 630 1,253,761 - - - 0% 1,254,875
Culture Fine Art 701 - - - - 0% 730
Tree Trust 702 - - - - 0% 1,151
Public Art 703 - - - - 0% 332
Pool Scholarship 715 - - - - 0% (20,051)
Senior Housing 731 - - - - 0% 237,580
Housing Trust 732 264,765 - - - 0% 1,731,165
IGT 796 - 47,873 703,901 440,000 160% 986,873
SVFRA Operations 798 82,692 552 4,593 - 0% 736,346
TOTAL 26,958,816 1,128,404 26,959,474 49,804,035 54%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 May 2024
Department
Planning and Community Services
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Adopt a Resolution Authorizing the City to Apply for Funding from the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection, to Implement Tree Protection Strategies Identified in the 2024 Climate Action Strategies.

Summary
In January 2024, City Council adopted Climate Action Strategies that identified Carbon Sequestration as a priority and identified tree protection and planting as a Council Goal on Climate Mitigation and Adaptation for FY 24-25. In January and February, staff held two joint commission meetings with Planning, Climate Action (CAC), and Parks, Recreation and Open Space (PROS) Commissions to discuss tree priorities which are attached to this report. While staff will be requesting funds to assist in implementation of these and other climate strategies, Climate Action Commissioner Nathan identified CAL FIRE grant opportunity which will close May 30, 2024 that can fund tree priorities this next fiscal year.

On April 29, 2024, PROS voted to recommend City Council authorize the City to apply for this grant.

Commissioner Nathan with the assistance of Chair Morrell (CAC) and Chair Donnelly (PROS) and City staff identified the programs that would best meet the goals of the grant and implementing the tree priorities. The following are the project goals and deliverables:
1) Create a comprehensive municipal tree inventory for Sonoma. This will be the city's first comprehensive tree inventory and will provide crucial baseline data on species composition, tree health, distribution, and other tree data collection attributes as outlined in grant guidelines.
2) Develop GIS-based assessments and supporting analysis, including shade tree canopy, canopy gaps and percent coverage, fire risk, land cover, and ecosystem services (i.e. economic benefits). This data will offer comprehensive insights into Sonoma's urban environment, facilitating informed decision-making and targeted interventions for sustainable urban forest management.
3) Evaluate organizational capacity. Assess organizational capacity through an evaluation of governance and community systems. Incorporating civic institutions, non-governmental organizations, community-based organizations, businesses, and other stakeholders provides a comprehensive view of Sonoma's urban forest management landscape. This evaluation recognizes decision-making and implementation capacity, as well as identifies strengths, gaps, and potential synergies.
4) Complete a comprehensive Urban Forestry Management Plan (UFMP) designed to guide Sonoma's urban forestry initiatives over the next 40-50 years. This data-driven plan incorporates insights from our community engagement program to ensure alignment with Agenda Item #7.4:

community needs and priorities. To ensure the sustainability of the UFMP, we will create an interactive website platform to convey tree-related information. This platform will facilitate ongoing access and engagement with the UFMP, promoting transparency and accessibility for all stakeholders. By providing an adaptive framework, the UFMP will evolve over time to respond to changing needs and emerging challenges, ensuring its relevance and effectiveness in fostering a healthy urban forest for Sonoma's future. 5) Update policy and ordinance documents. The commissions have identified significant gaps in Sonoma's urban forestry management policies. Strengthening municipal treerelated policies and ordinances to align with best management practices and urban forestry standards is a key objective. Additionally, we aim to conduct a cross-cutting integrative evaluation to identify and address indirect ordinances and policies affecting trees and greenbelts. This evaluation will ensure that green infrastructure and urban trees are considered in broader plans, facilitating comprehensive integration with urban forestry goals.
6) Facilitate pilot tree planting and TreePlotter training within Sonoma’s disadvantaged and low-income communities. This pilot project seeks to maximize the health benefits and cobenefits of trees by strategically planting in areas with the greatest need, enhancing air quality, reducing urban heat island effects, and promoting physical and mental well-being.

Additionally, it includes training with TreePlotter, to actively engage younger people in urban forestry management and monitoring efforts, further strengthening the sustainability and effectiveness of our initiatives and raise awareness about forestry career options. This pilot project along with our community engagement approach aims to foster long-term stewardship of Sonoma's urban forest through intergenerational education and training.

A total of $494,000 is being requested from CAL FIRE cover identified expenses through March 2028. Funds being requested would support hiring a consultant through the request for proposals process to complete the tree inventory, canopy assessment, urban forestry management plan, and development of new policies that will all be integrated into a new geospatial database and website or webpage. Funding is also being requested to support a partnership for community engagement and policy assessment with Sonoma State University, training for City staff and the community on tree stewardship, and hard costs for the planting and watering of 75 trees. No matching funds are required but staff is requesting funding to be allocated in the FY 24-25 budget to begin the tree inventory, canopy assessment, and urban forestry management plan if the grant is not awarded to the City this year. The City should be notified by September if awarded the grant.

As part of the State’s submittal requirements, no later than May 30, 2024, the City must submit an Authorizing Resolution from the City Council that authorizes the submittal of the application to CAL FIRE. Staff anticipates submitting the completed grant application packet by May 27, 2024 should the City Council adopt the aforementioned resolution. CAL FIRE provides and requires the language of the Authorizing Resolution as it is presented. The Authorizing Resolution’s stated purposes are that it provides the means for the Grantee’s Governing Body to agree to the terms of the grant contract, (included in the agenda packet); provides confirmation that the Grantee has the funding to complete, operate and maintain the project associated with the grant contract; and designates the position title authorized by the Governing Body to represent the City on all matters regarding the project and grant contract.

Recommended Council Action
Agenda Item #7.4:

It is recommended the City Council adopt a resolution that authorizes the City Manager to execute the City of Sonoma’s Community Forestry Grant Program application, and any amendments thereto, on behalf of the City as required by California Department of Forestry and Fire Protection.

Alternative Actions
At City Council discretion.

Financial Impact
A total of $494,000 is being requested through the grant to cover identified expenses through March 2028. No matching funds are required.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Cal Fire Grant Resolution
2024 Tree Priorities
Alignment with Council Goals:

Agenda Item #7.4:

City of Sonoma
RESOLUTION # ______ - 2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA FOR FUNDING FROM

THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM OF THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
WHEREAS, the Governor of the State of California in cooperation with the State Legislature has appropriated General Funds for the state’s urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and
WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban forestry project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council:

1. Approved the filing of an application for the Urban and Community Forestry grant program funds; and

2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,

3. Certifies that funds under the jurisdiction of City Council are available to begin the project.

4. Certifies that said applicant will expend grant funds prior to March 31, 2028.

5. Appoints David Guhin, City Manager, or a designee, as agent of the City Council to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the afore mentioned project.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma on this 15th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
_________________________________
Monique Saviez Burns, Deputy City Clerk
Agenda Item #7.4:

Summary Topic Areas and Proposed Priorities
Overall Goals:
• Proactive approach
• Obtain Tree City designation
• Equity
• GHG sequestration
• Expand canopy
• Data driven
Education:

E1 - Web Presence – Update material Start in FY 2024-2025 and Ongoing.

Create an AdHoc Committee to lead
effort in identifying education
opportunities and providing material
for website update and materials to
share. Work with Adhoc Committee for
material on planting and maintaining
trees.

E2 - Whats Suitable Where (See P1 below)
E3 - Planting and Care
E4 - Community Outreach and Education Efforts -
Interactive With Public e.g. Tree Scavenger Hunt,
Arbor Day (also see P2 below)
Planting/Maintaining:

P1 - Tree Planting/Maintenance Strategy; develop
materials to assist homeowners, provide trees
Start in FY 2024-2025 and Ongoing.

Create an AdHoc Committee to lead
effort and work with Adhoc Committee
on Education. P2 – Pursue funding for implementation/ planting of trees (e.g. Cool Corridor, Miyawaki Forest, etc.)
P4 - Enforcement of replacement Start in FY 2024-25 with plan on how to enforce under current code and modify
code as needed after completion of the
Urban Forest Management Plan.

P5 - Plant appraisals Start in FY 2025-2026 after completion of the Urban Forest Management Plan.

P6 - Incentives for planting/maintenance of
heritage trees on private property
Regulations/Policies:

R1 - Update Tree Inventory and Canopy Study FY 2024-25 Create an AdHoc Committee to work with staff and
consultant to prepare. Request
Funding.

R2 - Urban Forest Management Plan
R3 - City Tree List- species, location, size, native, low water
R4 - Tree Removal and Replacement
Policy/Ordinance - Define significant trees, not just
size/location but also species
Start FY 2025-2026 after completion of
the Urban Forest Management Plan.

R5 - Update Heritage Tree Ordinance
R6 - Safety and Enforcement Policy
Agenda Item #7.4:

Other

1. Arborist contract position w City – Send out RFP FY 2023-24, FY 2024-25 Budget

2. Sustainability Coordinator part time contract position – List position FY 2023-24, FY 2024-25 Budget

3. Potential Partners
a. Sonoma Ecology Center
b. Sonoma Valley Unified School District
c. Valley of the Moon Garden Club
d. ReLeaF Petaluma
e. Sonoma State
f. Santa Rosa Junior College
g. Others
Agenda Item #7.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 May 2024
Department
Public Works
Staff Contact
Michael Berger, Public Works Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager To Execute a Professional Services Agreement with ZFA Structural Engineers In An Amount Not To Exceed $150,000 Annually To Provide As-Needed Structural Engineering Services
Summary
The Public Works Department occasionally has a need for specialized structural engineering expertise to support implementation of maintenance, reconstruction or new construction projects such as: water and storm drain pump stations and structures; retaining walls; minor structural concrete and bridge repairs; and building renovations, expansions, demolitions, restorations, and retrofits. Instead of soliciting structural engineering support each time such services are required, the Public Works Department recommends entering into a master “oncall” agreement so that a qualified firm will already be under contract and ready to quickly assist the City when the need for structural engineering services arises.

A Request for Proposals (RFP) for structural engineering services was issued by the Public Works Department on March 12, 2024. Four proposals were received and reviewed using evaluation criteria specified in the RFP. These included, but were not limited to, criteria such as: qualifications and experience of team members; experience in completing projects similar in size, scope and purpose; consultant availability to provide the requested services; and approach to delivering the requested services. Based on a comprehensive review of proposals received, staff recommends ZFA Structural Engineers (ZFA) as the most qualified to provide as-needed structural engineering services to the City of Sonoma. Consistent with State law for selection of architect/engineer services, the review of proposals and selection of the recommended consultant were based on qualifications, not cost.

The proposed On-Call Master Agreement with ZFA (attached) would be for a three-year term.

During this time, structural engineering services will be provided on an as-needed basis pursuant to a task order approach under which ZFA will prepare a detailed scope of work (including schedule and deliverables) based on the City’s requested need along with a proposed cost based on ZFA’s hourly rate schedule. The Public Works Director will review and approve the task order and designate the appropriate funding source(s). The total amount for all task orders shall not exceed $150,000 annually, and any task orders issued will only be to support work on projects/activities that have been approved in the adopted budget.

Execution of the proposed On-Call Master Agreement does not guarantee that any task orders will be initiated during the life of the agreement. Approval of the proposed agreement with ZFA does not preclude the City from entering into additional agreements with other structural engineering firms should the need arise.

Recommended Council Action
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with ZFA Structural Engineers an amount not to exceed $150,000 annually to Agenda Item #7.5:

provide as-needed structural engineering services.

Alternative Actions
Council discretion.

Financial Impact
Task orders issued under this agreement will be funded from projects and activities that have been approved in the adopted annual budget.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
On Call Structural Engineering PSA May2024
Resolution On Call Structural Agreement
Alignment with Council Goals:

Not Applicable
Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 1 of 25
Approved for use 12/28/2023

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN PROFESSIONALS
(City of Sonoma / ZFA Structural Engineers)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sonoma, a California municipal corporation (“City”), and ZFA Structural Engineers, a California corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: on-call structural engineering services.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 City has relied upon the professional ability and training of the Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release. Consultant represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, 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. Consultant shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 2 of 25
Approved for use 12/28/2023

3. DEFINITIONS

3.1 “Agreement Administrator”: The Agreement Administrator for this project is Mike Berger, Public Works Durector. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.

3.2 “Approved Fee Schedule” means such compensation rates are set forth in the Consultant’s April 11, 2024 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means May 20, 2024.

3.4 “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.5 “Design Professional Project Administrator” is Chris Jonas, and will be the principal point of contact for the Consultant.

3.6 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Four Hundred Fifty Thousand Dollars ($450,000) for the entire three-year term of this agreement, and One Hundred Fifty Thousand Dollars ($150,000) for each year of the agreement term.

3.7 “Scope of Services” means such professional services as are set forth in Consultant’s April 11, 2024 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.

Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 3 of 25
Approved for use 12/28/2023

3.8 “Termination Date” means May 20, 2027.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with section 16 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1 Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with the City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:

5.1.1 Only the City Public Works Director or City Council may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Public Works Director’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.

5.1.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the Agreement Administrator of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 4 of 25
Approved for use 12/28/2023
provide extra compensation to the Consultant on a fair and equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be executed by the Consultant and be approved by the City in accordance with its purchasing policy.

5.1.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.

5.2 Consultant Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.3 Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.4 Budgetary Notification. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City.

Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 5 of 25
Approved for use 12/28/2023

5.5 Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.6 No Known Relationships. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or (iii) present a significant opportunity for the disclosure of confidential information.

5.7 Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

5.8 Campaign Contribution Disclosure. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. That statute requires Consultant to disclose any campaign contribution by the Consultant or the Consultant’s agent to City Councilmembers or other City officials of more than two-hundred and fifty dollars ($250) in the aggregate within the preceding twelve (12) months. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, with Consultant’s execution of this Agreement.

5.9 City Retains Responsibility for Contracting. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 6 of 25
Approved for use 12/28/2023
preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

5.10 Appropriate Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Design Professional Project Administrator shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.11 Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement.

Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.12 Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.13 Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.14 Records. 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 under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 7 of 25
Approved for use 12/28/2023
shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1 General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2 Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3 Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subcontractors (including labor) only at Consultant’s actual cost plus an approved mark up as set forth in the Approved Fee Schedule, Exhibit B.

Consultant shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

7. COMPENSATION

7.1 General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services.

Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 8 of 25
Approved for use 12/28/2023

7.2 Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4 Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6 City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7 Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGE

8.1 Prevailing Wage Law Applies. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and Agenda Item #7.5:

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“maintenance” projects including the design and preconstruction phases of a covered public works project. This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code.

8.2 Indemnification; Prevailing Wage Law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1 General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2 No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3 Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of Agenda Item #7.5:

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this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law, subject to the caveats included in this Agreement. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

Agenda Item #7.5:

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As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole negligence, active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

11.4 Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

Agenda Item #7.5:

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11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

11.8 Offset. City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section 11 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

11.9 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.10 Civil Code. The parties are aware of the provisions of Civil Code Section 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this section 11 complies therewith.

11.11 Indemnification of CalPERS Determination. In the event that Consultant 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 Agenda Item #7.5:

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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11.12 No Employment Benefits. Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees 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. INSURANCE

12.1 Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2 Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: On-Call Structural Engineering Services.
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3 Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, Agenda Item #7.5:

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$4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $4,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (i) the minimum coverage and limits specified in this Agreement, or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

12.4 General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5 Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

Agenda Item #7.5:

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12.6 Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).

12.7 Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for three years after the completion of the work by one of the following: (i) renewal of the existing policy; (ii) an extended reporting period endorsement; or (iii) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8 Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ClaimsMade Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9 Subcontractors. Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subcontractors in his or her sole discretion.

Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

12.10 Proof of Renewal. Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing Agenda Item #7.5:

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at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

12.11 Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sonoma must be endorsed as an additional insured for each policy required herein, including the general liability and automobile policies, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.12 Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.13 Notices. Contractor shall provide immediate written notice if (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; (iii) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired Agenda Item #7.5:

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policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sonoma, Attn: Mike Berger, Public Works Department, No. 1 The Plaza, Sonoma, California 95476.

12.14 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.15 Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

12.16 Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.

12.17 Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

Agenda Item #7.5:

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12.18 Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1 City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2 Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

Mike Berger
City of Sonoma
Public Works Department
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 933-2230
Email: [email protected]
If to Consultant:

Chris Jonas
ZFA Structural Engineers
1303 Jefferson St., Suite 400A
Napa, CA 94559
Telephone: 707-492-3452
Email: [email protected]
Agenda Item #7.5:

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With courtesy copy to:

David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]

15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.14 (Records), section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1 City Termination. The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in section 14 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the City Public Works Director in accordance with the percentage of project completed. In Agenda Item #7.5:

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the event that this Agreement is terminated pursuant to this paragraph

16.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.

16.2 Consultant Termination. Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause.

Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

16.3 Termination for Material Breach. Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event.

Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.

16.4 Remedies. In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in paragraph 3.6 above and as otherwise provided in this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2 Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by Agenda Item #7.5:

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reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3 Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4 Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6 No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1 Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is Agenda Item #7.5:

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legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2 Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3 Non-assignment. Both parties shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the other party’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4 Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5 No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6 Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7 Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition Agenda Item #7.5:

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(cancer-related), marital status, ancestry, or sexual orientation, or any other unlawful basis, including without limitation, the City’s NonDiscrimination Policy adopted as Resolution #25-2019. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training.

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8 Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9 Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10 Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 24 of 25
Approved for use 12/28/2023

18.11 Attorneys’ Fees. In the event of a dispute arising out of the terms of this Agreement, including any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.

18.12 Venue. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13 Living Wage. 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 Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.

18.14 Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

18.15 Recitals. The Recitals are incorporated by this reference. [Signatures on following page]
Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2 Page 25 of 25
Approved for use 12/28/2023
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
Signature
Printed: David Guhin
Title: City Manager
Date:______________________
“Consultant”
ZFA Structural Engineers
By:________________________________
Signature
Printed: Chris Jonas
Title: Principal
Date:______________________
Attest:

By:__________________________________
Monique Saviez Burns, Deputy City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:

By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Agenda Item #7.5:

Professional Services Agreement — Design Professionals
(City of Sonoma / ZFA Structural Engineers)
336577.2
Approved for use 12/28/2023
“EXHIBIT A”
Scope of Work
This section provides the project Approach/Scope presented by ZFA Structural Engineers in its proposal dated April 11, 2024, however, that entire proposal is incorporated into this agreement by reference.

Agenda Item #7.5:

Agenda Item #7.5:

Agenda Item #7.5:

Agenda Item #7.5:

Agenda Item #7.5:

336577.2
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.5:

Agenda Item #7.5:

336577.2
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.5:

336577.2

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Form must be completed and
returnedtothe Citywithyourapplication.

1. No City Councilmember or other City official shall accept, solicit, or direct a campaign contribution of more than $250 from any party1 or agent2 for 12 months after the
City approves a contract. This prohibition commences
when an application is filed, or a proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the record of the proceeding any campaign contribution of more than $250 by a party or agent to any City Councilmember or other City official during the preceding 12 months. No party to a City proceeding, or agent, shall make a campaign contribution to a City Councilmember or other City official during a proceeding and for 12 months after the City approves a
contract.

3. A City Councilmember or other City official who received a campaign contribution of more than $250 within the
preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she returns the portion of a campaign contribution in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of
a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed
corporation is a party to a proceeding, the majority
shareholder is subject to these provisions.

To determine whether you or your agent made a campaign
contribution of more than $250 to a City Councilmember or other City official within the preceding 12 months, you must aggregate all such contributions.

Names of current City Councilmembers and other City officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any City Councilmember or other City official within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) □ Check here If no contributions have been made to any Councilmember or other City official in the preceding 12 months.
(e) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
Agenda Item #7.5:

City of Sonoma
RESOLUTION # ______- 2024

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH ZFA STRUCTURAL ENGINEERS IN AN AMOUNT NOT TO EXCEED $150,000 ANNUALLY TO PROVIDE AS-NEEDED STRUCTURAL

ENGINEERING SERVICES
WHEREAS, the Public Works Department occasionally has a need for specialized structural engineering expertise to support the implementation of maintenance, reconstruction or new construction projects; and
WHEREAS, it is preferable to enter into a master “on-call” agreement so that a qualified firm will already be under contract and ready to quickly assist the City when the need for structural engineering services arises; and
WHEREAS, a Request for Proposals (RFP) for structural engineering services was issued by the Public Works Department on March 12, 2024, and four proposals were received and reviewed using evaluation criteria specified in the RFP; and
WHEREAS, based on a comprehensive review of proposals received, ZFA Structural Engineers was deemed the most qualified to provide as-needed structural engineering services to the City of Sonoma; and
WHEREAS, consistent with State law for the selection of architect/engineer services, the review of proposals and selection of the recommended consultant were based on qualifications, not cost; and

WHEREAS, the proposed on-call master agreement will be for a term of three years, and execution of the agreement does not guarantee that any task orders will be issued.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma, that the City Manager is authorized to execute a Professional Services Agreement with ZFA Structural Engineers in an amount not to exceed $150,000 annually to provide as-needed structural engineering services.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 15th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John Gurney, Mayor
ATTEST:
________________________________
Monique Saviez Burns, Deputy City Clerk
Agenda Item #7.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 May 2024
Department
Planning and Community Services
Staff Contact
Kristina Tierney, Associate Planner
Agenda Item Title
Adopt Two Ordinances Amending Sections of the Sonoma Municipal Code Pertaining to Appeal Time Periods and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Summary
The proposed ordinances were introduced by City Council on May 1, 2024, and corrects an inconsistency in the Sonoma Municipal Code and improves clarity for applicants, neighbors, city staff, and City Council. The proposed ordinance would modify the 15 calendar and 8 business days to 10 calendar days. To address when City Hall is closed a new sentence is proposed stating “The deadline to file a notice of appeal extends to the next business day when the tenth calendar day falls on a day when City Hall is closed to the public.” The amendments have been split into two ordinances as changes to Title 19 (Integrated Development Regulations and Guidelines) require a recommendation from the Planning Commission for proposed zoning code changes. The Planning Commission reviewed the proposed changes to Section 19.56.020 (Effective Date of Permits), Section 19.84.030 (Filing of Appeals), and Section 19.84.040 (Processing of Appeals) on March 21, 2024 and unanimously recommended that the City Council introduce the Ordinance as presented. The second ordinance contains multiple sections of the Municipal Code to be amended to reflect the proposed timeline and reference Sonoma Municipal Code Chapter 1.24.

The City Council introduced the Ordinances on May 1 and is being asked to adopt the ordinance at this time. Upon adoption, the ordinance will go into effect 30 days later, on June 14, 2024.

Recommended Council Action

1. Adopt an Ordinance of the City Council of the City of Sonoma amending Section

2.32.110 (Appeal), Section 3.16.100 (Appeal), Section 5.04.150 (Appeal), Section

7.25.050 (Issuance Of License), 7.40.150 (Appeals), Section 9.56.060 (C) (Exceptions Allowed With Permit), Section 12.08.070 (Appeals), Section 12.12.080 (Appeal), Section 12.14.110 (Requirement, Variance or Decision Appeals), Section 12.20.150 (Right of Appeal), Section 13.10.080(B) (Exceptions and Application Procedures for Exceptions), Section 14.25.250 (Appeals of Decisions) of The City of Sonoma Municipal Code and finding this action is exempt from further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) that CEQA only applies to Projects that have the potential for causing a significant effect on the environment; and

2. Adopt an Ordinance of the City Council of the City of Sonoma amending Section

1.24.020 (Notice), Section 19.56.020 (Effective Date of Permits), Section 19.84.030 (Filing of Appeals), And Section 19.84.040 (Processing of Appeals) of The City of Agenda Item #7.6:

Sonoma Municipal Code and finding this action is exempt from further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) that CEQA only applies to Projects that have the potential for causing a significant effect on the environment.

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
Draft CC Ordinance Appeals
Draft Ordinance PC Appeals
Alignment with Council Goals:

Agenda Item #7.6:

CITY OF SONOMA
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING SECTION 2.32.110 (APPEAL), SECTION 3.16.100 (APPEAL), SECTION 5.04.150 (APPEAL), SECTION 7.25.050 (ISSUANCE OF LICENSE), 7.40.150 (APPEALS), SECTION 9.56.060 (C) (EXCEPTIONS ALLOWED WITH PERMIT), SECTION 12.08.070 (APPEALS), SECTION

12.12.080 (APPEAL), SECTION 12.14.110 (REQUIREMENT, VARIANCE OR DECISION APPEALS), SECTION 12.20.150 (RIGHT OF APPEAL), SECTION 13.10.080(B) (EXCEPTIONS AND APPLICATION PROCEDURES FOR EXCEPTIONS), SECTION 14.25.250 (APPEALS OF DECISIONS) OF

THE CITY OF SONOMA MUNICIPAL CODE AND FINDING THIS ACTION

IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE

GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTION 15061(B)(3) THAT CEQA ONLY APPLIES

TO PROJECTS THAT HAVE THE POTENTIAL FOR CAUSING A
SIGNIFICANT EFFECT ON THE ENVIRONMENT.

WHEREAS, on April 20, 2022 the City Council of the City of Sonoma adopted an ordinance amending the Sonoma Municipal Code Chapter 19.84 (Appeals) to address appeal deadlines falling on a day City Hall was closed for business by changing the standard from 15 calendar days to 9 business days; and
WHEREAS, this change created an inconsistency with Sonoma Municipal Code Chapter

1.24 (Appeals before the City) and identified the need for a consistent appeals timeline; and WHEREAS, the City desires to adjust the local appeal timelines to be 10 calendar days and considered public testimony and made a recommendation to the City Council to approve a draft Ordinance; and
WHEREAS, the City Council conducted a noticed public hearing on May 1, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the Sonoma Municipal Code set forth hereinbelow are consistent with state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: The following sections of the Sonoma Municipal Code are hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):

Agenda Item #7.6:

A. Section 2.32.110 (Appeal) of Chapter 2.32 (Public Cemeteries) is amended as follows:

2.32.110 Appeal.

Any party aggrieved by the action of the city manager or his/her designee, in any matter affecting the cemeteries or use thereof, may appeal in writing from the decision or act complained of. within 10 days after the decision has been rendered or the act performed. All appeals shall follow the procedures as established in SMC Chapter 1.24. , as follows:
the appeal shall be made to the city council which shall set a date for public hearing thereon and render a decision thereon within 60 days after the filing of the appeal.

B. Section 3.16.100 (Appeal) of Chapter 3.16 (Transient Occupancy Tax) is amended as follows:

3.16.100 Appeal.

Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk. All appeals shall follow the procedures as established in SMC Chapter 1.24.

For purposes of calculating the appeal deadline under SMC Chapter 1.24, the date of decision is the date of within 15 days of the serving or mailing of the determination of tax due. The city council shall fix the time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at his last known place of address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

C. Section 5.04.150 (Appeal) of Chapter 5.04 (General Provisions) is amended as follows:

5.04.150 Appeal.

Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the council. All appeals shall follow the procedures as established in SMC Chapter 1.24. For purposes of calculating the appeal deadline under SMC Chapter 1.24, the date of decision is the date of by filing a notice of appeal with the clerk of the council within 15 days after receipt of written notice from the collector. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Sonoma, California, postage prepaid, addressed to such person at Agenda Item #7.6:

his last known address. The council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of Chapters 5.04 and 5.08 SMC.

D. Section 7.25.050 (Issuance of license) of Chapter 7.25 (Regulating the Manner of Sale of Tobacco Products) is amended as follows:

7.25.050 Issuance of license.

A. Bases for Denial. Upon the receipt of a complete application for a tobacco retailer’s license and the license fee required by this chapter, the department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.

2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction.

3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.

4. The application seeks authorization for tobacco retailing at a location other than the one listed in SMC 7.25.030, that is unlawful pursuant to this code, including without limitation zoning ordinance and building code, or that is unlawful pursuant to any other law.

B. Appeal of Denial. Subject to SMC 7.25.110(C), a decision of the department to deny a license is appealable to the city council. All appeals shall follow the procedures as established in SMC Chapter 1.24. and any appeal must be filed in writing with the city clerk within 15 days of the department’s denial of the issuance of the license and the applicable appeal fee must be paid.

E. Section 7.40.150 (Appeals) of Chapter 7.40 (Permits for Motion Picture and Television Production) is amended as follows:

Agenda Item #7.6:

7.40.150 Appeals.

The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing an appeal within five days of the date of the city manager’s decision with the city clerk. All appeals shall follow the procedures as established in SMC Chapter 1.24. The appeal shall be heard by the city council at its next regular meeting.

F. Section 9.56.060 (C) (Exceptions allowed with permit) of Chapter 9.56 (Noise) is amended as follows:

C. Any person aggrieved with the decision of the city planner or his designee may appeal to the city council. All appeals shall follow the procedures as established in SMC Chapter 1.24., by writing filed with the city clerk within 10 business days after the date of such decision, however, such appeal shall not stay the effective date of the permit.

G. Section 12.08.070 (Appeals) of Chapter 12.08 (Tree Ordinance) is amended as follows:

12.08.070 Appeals.

Any decision made by the public works director or tree committee under the provisions of this chapter may be appealed to the city council by any interested person. All appeals shall follow the procedures as established in SMC Chapter 1.24. The appeal must be filed in writing with the city clerk within 10 days of the decision. The written appeal shall state all facts and each ground upon which the appeal is based and shall be signed by the applicant. The city council shall hold a noticed public hearing before making a decision on the appeal.

H. Section 12.12.080 (Appeal) of Chapter 12.12 (Sidewalk and Driveway Construction) is amended as follows:

12.12.080 Appeal.

All appeals shall follow the procedures as established in SMC Chapter 1.24. Appeal may be made from any decision, determination or imposition of conditions. All appeals shall follow the procedures as established in SMC Chapter 1.24. by filing a notice thereof in writing with the city manager within 10 days after such decision or determination or imposition of conditions is Agenda Item #7.6:

made. Such notice shall set forth the matter or matters complained of and the ground upon which the landowner deems himself aggrieved.

The city manager shall report the filing of such notice to the planning commission and the director of public works.

The city manager, following the filing of the appeal, shall set same for hearing at the next regular meeting of the city council; provided at least 10 days’ notice thereof is given to appellant, and such hearing may be continued, for good cause, by order of the city council. Upon the hearing of the appeal, the city council may overrule or modify the decision, determination or conditions imposed, and enter any such order or orders as are in harmony with the spirit and purpose of this chapter, and such disposition of the appeal shall be final.

I. Section 12.14.110 (Requirement, variance or decision appeals) of Chapter 12.14 (Public Improvements Construction) is amended as follows:

12.14.110 Requirement, variance or decision appeals.

An applicant requesting a building permit who is aggrieved by the requirements of this chapter shall have the right of appeal to the city council. All appeals shall follow the procedures as established in SMC Chapter 1.24. , provided written notice of the appeal is filed with the city clerk stating the basis for the appeal or grounds for the variance within 15 days of the decision.

J. Section 12.20.150 (Right of appeal) of Chapter 12.20 (Encroachments) is amended as follows:

12.20.150 Right of appeal.

Any person aggrieved by the action of any administrative official of the city acting under this chapter may appeal the decision to the city council. All appeals shall follow the procedures as established in SMC Chapter 1.24. The aggrieved person shall file notice of appeal in writing with the city clerk within seven days after final action of the administrative official whose action is being appealed. The city council may affirm, modify or reverse the action of the administrative official from whom the appeal is taken.

K. Section 13.10.080(B) (Exceptions and application procedures for exceptions) of Chapter

13.10 (Water Shortage and Conservation Plan) is amended as follows:

Agenda Item #7.6:

B. The decision of the city manager may be appealed to the council. All appeals shall follow the procedures as established in SMC Chapter 1.24. by submitting a written appeal to the city clerk within 15 calendar days of the date the decision is served upon the applicant along with a copy of this chapter. Upon granting any appeal, the council may impose any conditions it determines to be just and proper. Exceptions granted by the council shall be prepared in writing and the council may require the exception be recorded at the applicant’s expense.

L. Section 14.25.250 (Appeals of decisions) of Chapter 14.25 (Floodplain Management Regulations) shall be amended as follows:

14.25.250 Appeals of decisions.

When it is alleged that there is an error in any decision or determination made by the floodplain administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the city council pursuant to the requirements contained in SMC Chapter 1.24. Appeals setting forth the reasons of the appeal shall be made in writing, on a form provided by the city clerk, and filed within 15 calendar days of the date the floodplain administrator’s decision, notice or order (oral or written) that is properly served, together with any applicable fees pursuant to the fee schedule adopted by the city council.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

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, Agenda Item #7.6:

subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact 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).

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, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance 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:

ABSENT:

ABSTAIN:

Agenda Item #7.6:

CITY OF SONOMA
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SECTION 1.24.020 (NOTICE), SECTION 19.56.020 (EFFECTIVE DATE OF PERMITS), SECTION 19.84.030 (FILING OF APPEALS), AND SECTION 19.84.040 (PROCESSING

OF APPEALS) OF THE CITY OF SONOMA MUNICIPAL CODE AND FINDING THIS

ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE

GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) THAT CEQA ONLY APPLIES TO PROJECTS

THAT HAVE THE POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT.

WHEREAS, on April 20, 2022 the City Council of the City of Sonoma adopted an ordinance amending the Sonoma Municipal Code Chapter 19.84 (Appeals) to address appeal deadlines falling on a day City Hall was closed for business by changing the standard from 15 calendar days to 8 business days; and
WHEREAS, this change created an inconsistency with Sonoma Municipal Code Chapter

1.24 (Appeals before the City) and identified the need for a consistent appeals timeline; and WHEREAS, on March 21, 2024, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments to adjust the local appeal timelines to be 10 calendar days and considered public testimony and made a recommendation to the City Council to approve a draft Ordinance; and
WHEREAS, the City Council conducted a noticed public hearing on May 1, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the Sonoma Municipal Code set forth hereinbelow are consistent with state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: The following sections of the Sonoma Municipal Code are hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):

A. Section 1.24.020 (Notice) of Chapter 1.24 (Appeals before the City) is amended as follows:

Agenda Item #7.6:

1.24.020 Filing notice of appealNotice.

All appeals shall be initiated by filing with the city clerk a written notice of appeal on a form provided by the city clerk by 5:00 p.m. on the tenth calendar day following the date of the decision being challenged. The deadline to file a notice of appeal extends to the next business day when the tenth calendar day falls on a day when City Hall is closed to the public. At the time of filing the appeal, the appellant shall pay the designated appeal fee, established by resolution of the city council. 15 days of the date of the decision, together with any applicable fees as determined by council resolution.

B. Section 19.56.020 (Effective date of permits) of Chapter 19.56 (Permit Implementation, Time Limits, Extensions) is amended as follows:

19.56.020 Effective date of permits.

The approval of a planning permit shall become effective on the eleventh calendar ninth business day following the date of application approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Chapter 19.84 SMC, Appeals. The effective date extends to the next business day when the eleventh calendar day falls on a day when City Hall is closed to the public.

C. Section 19.84.030(A) and (B) (Filing of appeals) of Chapter 19.84 (Appeals) is amended as follows:

19.84.030 Filing of appeals.

A. Eligibility. An appeal may be filed by:

1. Any person affected by an administrative determination or action by the city planner, as described in SMC 19.84.020(A); or

2. In the case of a land use permit or hearing decision described in SMC 19.84.020(B), by anyone who, in person or through a representative, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

3. Except as otherwise provided by law or ordinance of this city, any member of the city council may, at his/her discretion, appeal any final decision of any city commission board or official, to the city council. If an appeal is made by a council member, there shall be a presumption applied that the reason for the appeal is because the appealed decision or interpretation has significant and material effects on the quality of life within the city of Sonoma. No inference of bias shall be made because of the appeal and no other reason need be stated by the council person in his/her notice of appeal.

Appeals made according to this subsection shall not be subject to any fees.

B. Timing and Form of Appeal. All appeals shall be filed within the time period and according to the requirements in SMC 1.24.020 and 1.24.040. All appeals shall be submitted in writing on a city application form, and shall specifically state the pertinent facts of the case and the basis for Agenda Item #7.6:

the appeal. Appeals shall be filed in the office of the city clerk within eight business days following the final date of the determination or action being appealed.

D. Section 19.84.040 (Processing of appeals) of Chapter 19.84 (Appeals) is amended as follows:

19.84.040 Processing of appeals.

A. Scheduling of Hearing. After an appeal has been received in compliance with the procedures listed in SMC 1.24.020, 1.24.040, and 19.84.030(C)19.84.030(B), Timing and Form of Appeal, the appeal shall be transmitted to the community development director city planner who shall place the item on the next available commission agenda, or the city clerk shall schedule the matter for the next available council agenda, as applicable to the appeal.

B. Report. After the appeal hearing has been scheduled, the community development director city planner shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C. Reserved. Joining an Appeal. Only those persons who file an appeal within the eightbusiness-day appeal period in compliance with SMC Chapter 1.24 and SMC 19.84.030(A), Eligibility, shall be considered the appellants of the subject permit. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with subsection (A) of this section. No person shall be allowed to join an appeal after the end of the eight-business-day appeal period.

D. Action and Findings.

1. General Procedure. The appeal body shall conduct a public hearing in compliance with SMC Chapter 19.88, Public Hearings. At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.
a. The appeal body may affirm, affirm in part, or reverse the action, decision, or determination that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal and verify the compliance or noncompliance of the subject of the appeal with the provisions of this development code. b. When reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.

2. Appeals to the City Council.
a. By an Appellant. A decision by a commission may be appealed to the city council as provided by SMC 19.84.030, Filing of appeals.
b. Council’s Decision Is Final. The decision of the council on an appeal shall be final.

Agenda Item #7.6:

c. Tie Vote. A tie vote by the city council with regard to an appeal shall result in the affirmation of the decision of the body whose decision was appealed.

E. Effective Date of Appeal Decision. A decision by the commission is effective on the eleventh calendar ninth business day after the decision, when no appeal to the decision has been filed with the council. The effective date extends to the following business day when the eleventh calendar day falls on a day when City Hall is closed to the public. A decision by the council is effective as of the date of the decision. A final decision by the city council with regard to an appeal shall take the form of a resolution.

SECTION 2. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan.

B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
D. Are internally consistent with other applicable provisions of the Sonoma Municipal Code because the amendment would remove internal inconsistencies in the Municipal Code and improve clarity on the appeal process for staff, applicants, and residents.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

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, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that Agenda Item #7.6:

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).

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, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance 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:

ABSENT:

ABSTAIN:

Agenda Item #7.6:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 May 2024
Department
Planning and Community Services
Staff Contact
Kristina Tierney, Associate Planner
Agenda Item Title
Consideration, Discussion, and Possible Action to Introduce an Ordinance of the City Council Amending Sonoma Municipal Code Chapter 12.06 (Sidewalk Seating Permits) and Section

19.50.060 (Outdoor Dining, Display, and Sales Standards), and Finding the Proposed Amendments are Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines.

Summary
The City of Sonoma and in particular the Sonoma Plaza have long supported outdoor dining, including dining on the public sidewalk and on private property. Regulations pertaining to outdoor dining are contained in SMC Chapter 12.06 (Sidewalk Seating Permits) and Section

19.50.060 (Outdoor Dining, Display, and Sales Standards). In general, Section 19.50.060 outlines standards for all outdoor dining associated with restaurants and Chapter 12.06 outlines requirements for a sidewalk seating permit for seating in the public right of way (public sidewalks). Chapter 19.50.060 was last updated in 2011 and Chapter 12.06 was last updated in 1993.

With the onset of COVID-19, the City embarked on the Sonoma Alfresco Program, which encouraged and supported outdoor dining to provide a safe way for diners to eat out and support local businesses during the pandemic. The Alfresco Program also allowed outdoor seating in the public right of way for tasting rooms and bars, which has since ended.

Chapter 12.06 (Sidewalk Seating Permits) and Section 19.50.060 (Outdoor Dining, Display, and Sales Standards) both limit sidewalk seating permits to existing indoor restaurants.

However, sidewalk seating has been allowed on an individual basis for wine tasting rooms through the Use Permit process. For example, sidewalk seating was approved for Rancho Maria in 2011.

At this time, the City intends to establish a comprehensive process for annual permitting and monitoring all sidewalk seating to ensure compliance with all applicable rules and regulations including insurance and compliance with the Americans with Disabilities Act (ADA) and Alcoholic Beverage Control (ABC) regulations. In addition, the general public has expressed a desire to increase outdoor dining and seating options around the Plaza and the proposed ordinance would expand allowable uses to include all restaurants, wine tasting facilities and wine bars, and tap rooms. On April 18, 2024 the proposed ordinance was reviewed and unanimously supported by the Planning Commission.

The proposed changes are exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), pursuant to CEQA Guidelines Section 15061 (B) 3- General Rule.

Recommended Council Action
Agenda Item #8.1:

Introduce an ordinance of the City Council of the City of Sonoma amending Sonoma Municipal Code Chapter 12.06 (Sidewalk Seating Permits) and Section 19.50.060 (Outdoor Dining, Display, and Sales Standards), and finding the proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) – General Rule – of the CEQA Guidelines.

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
Proposed Ordinance - Sidewalk Seating
Alignment with Council Goals:

Agenda Item #8.1:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SONOMA MUNICIPAL CODE CHAPTER 12.06 (SIDEWALK SEATING PERMITS) AND SECTION 19.50.060 (OUTDOOR DINING, DISPLAY, AND SALES STANDARDS), AND

FINDING THIS ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW

UNDER THE GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) THAT CEQA ONLY APPLIES TO

PROJECTS THAT HAVE THE POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT.

WHEREAS, on April 18, 2024, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments to expand allowable uses to include all restaurants, wine tasting facilities and wine bars, and tap rooms and considered public testimony and made a recommendation to the City Council to approve a draft Ordinance; and
WHEREAS, the City Council conducted a noticed public hearing on _____________, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the Sonoma Municipal Code set forth hereinbelow are consistent with state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: The following section of the Sonoma Municipal Code are hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):

A. Chapter 12.06 (Sidewalk Seating Permits) is amended as follows:

Chapter 12.06 SIDEWALK SEATING PERMITS

12.06.010 Purpose.

The purpose of this chapter is to set forth the conditions and requirements under which sidewalk seating, as defined, may be allowed to operate by permit on a public sidewalk within the city.

Notwithstanding any other provision of this title, permits for sidewalk seating shall be administered as set forth in this chapter.

12.06.020 Sidewalk seating defined.

Agenda Item #8.1:

Sidewalk seating is any group of tables, chairs, and appurtenances situated and maintained upon the public sidewalk for use in connection with the consumption of food and beverages sold to the public from an adjoining indoor restaurant, wine tasting facility, wine bar, or tap room.

12.06.030 Administration.

Sidewalk seating shall be allowed only by issuance of a permit approved by the community development director through the following procedure:

A. The applicant shall submit a complete application, the form and content of which shall be as defined by the community development director. Fees for the application for or renewal of a sidewalk seating permit shall be set forth by the city council through resolution and as modified by the city council from time to time. Applications for sidewalk seating permits shall not be processed until a complete application has been made to the satisfaction of the community development director and all fees paid.

B. The community development director shall provide notice of the application by posting the site and its surroundings for a period of 14 days.

C. The community development director shall circulate the application to interested city departments for comments.

D. At the close of the 14-day review period, the community development director shall act on the application, as follows: (1) grant the application, subject to conditions, if it meets the requirements of this chapter; (2) deny the application if it does not meet the requirements of this chapter; (3) refer the application to the planning commission for a determination if substantial public concerns have been expressed in the course of the review period.

12.06.040 Requirements and limitations.

Sidewalk seating applications shall be subject to the following requirements and limitations:

A. Sidewalk seating shall only be allowed in commercial zoning districts only and only in conjunction with and directly adjacent to an indoor restaurant, wine tasting facility, wine bar, or tap room which operates the seating. The sidewalk seating area shall extend no further than the actual street frontage of the businessindoor restaurant space. The sidewalk seating associated with an indoor restaurant shall be confined to a single area as designated on an approved permit.

B. The total amount of outdoor seating associated with an indoor restaurant, whether on the sidewalk or on private property, shall not exceed 25 percent of the indoor seating of the restaurant, unless a greater amount is approved by use permit as set forth in Chapter 19.03 SMC.

B.C. Outdoor seating areas shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the seating area. A minimum sixfive-foot clear area of sidewalk between the seating area and any curb or obstruction shall be provided.

CD. All outdoor seating furniture, including tables, chairs, planters and umbrellas, shall be moveable. Umbrellas must be secured with a minimum base of not less than 60 pounds and Agenda Item #8.1:

have a minimum vertical clearance of 7 feet. Outdoor heaters, music and speakers are prohibited.

DE. The operator shall not permit the following outside the building: food preparation; tables preset with utensils, glasses, napkins or condiments; busing stations or storage; trash receptacles. All exterior surfaces shall be easily cleanable and shall be kept clean at all times by the permittee. The permittee shall be responsible for maintaining the outdoor seating area in a clean and safe condition at all times.

EF. Hours of operation shall be limited by the approved hours of the business, but no later than between 7:00 a.m. and 10:00 p.m. Tables, chairs and all other furniture shall be removed from the sidewalk and stored indoors at night and whenever the seating area is not in use. The city, acting through the city manager or his designee, shall have the right to prohibit the operation of an outdoor seating area at any time because of actual or anticipated conflicts in the use of the sidewalk area. Such conflicts may arise from, but are not limited to, scheduled events or festivals, parades, repairs to the street or sidewalk, demonstrations, or emergencies. To the extent possible, the city shall endeavor to provide prior written notice to the permittee that the operation of the sidewalk seating area will be suspended, but failure to provide such notice shall not affect the right and power of the city to prohibit the operation of any sidewalk seating area at any time. The decision to suspend operation of an outdoor seating area shall not be subject to appeal unless the suspension exceeds 30 days.

FG. Prior to the issuance of a sidewalk seating permit, the applicant shall provide proof of insurance and indemnification as required under the city’s risk management policies.

GH. Compliance with all applicable regulations of the department of alcoholic beverage control shall be required.

12.06.050 Terms and renewal.

A sidewalk seating permit shall be valid for a period of one year. As long as all terms of the permit continue to be met and substantive complaints about the operation have not been received, the community development director may renew the permit each year without undergoing the notice and administrative review procedure. If necessary to address actual or anticipated problems with the operation, the community development director may impose additional conditions or require that the public notice and administrative review be repeated.

12.06.060 Revocation.

A sidewalk seating permit may be revoked by the community development director at any time and without prior notice if it is found that the conditions of the permit or of this chapter have been violated, or that the sidewalk seating area is being operated in a manner which constitutes a nuisance, or if the operation of the sidewalk seating area unduly restricts or impedes the movement of pedestrians.

12.06.070 Appeals.

The decision of the community development director or the planning commission to approve or revoke a sidewalk seating permit shall be subject to the appeal provisions set forth in Chapter

1.2419.84 SMC.

Agenda Item #8.1:

B. Section 19.50.060 (Outdoor dining, display, and sales standards) is amended as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):

19.50.060 Outdoor dining, display, and sales standards.

This section provides development and operational requirements for the establishment of outdoor uses, including outdoor dining and seating areas (subsection (A) of this section), temporary outdoor displays and sales (subsection (AB) of this section), and permanent outdoor displays and sales (subsection (BC) of this section), and outdoor dining and seating areas (subsection (C) of this section), which shall be subject to the following criteria and standards:

A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a temporary use permit, in compliance with SMC 19.54.030 and the following standards. In approving an application for a temporary use permit, the city planner may impose conditions deemed necessary to ensure that the permit would be in compliance with the findings required by SMC 19.54.030(H), Findings, Decision. These conditions may address any pertinent factors affecting the operation of the temporary use, and may include the following:

1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days;

2. Landscaping. Landscaping may be required to ensure that the use has a pleasing appearance and that the screening requirements identified in subsection (B)(5) of this section are satisfied, subject to the approval of the city planner;

3. Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration;

4. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in subsection (A)(1) of this section;

5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with Chapter 19.48 SMC, Parking and Loading Standards;

6. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the city planner, may be required to ensure that any temporary facilities would be removed from the site within a reasonable time following the activity, the property would be cleaned of debris, or other evidence of the activity, and the site restored to its former condition;

7. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

8. Security. Provision for security and safety measures, if applicable;

9. Setbacks. Provision of appropriate setbacks to ensure separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the city planner; a minimum clearance of four feet shall be required;

10. Signs. Regulation of signs, in compliance with SMC Title 18, Signs and Display Advertising; Agenda Item #8.1:

11. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

12. Waste Collection and Disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal;

13. Development Code Compliance. A requirement that the approval of the requested temporary use permit is contingent upon a finding, by the city planner, that the activity would be in compliance with the applicable provisions of this section, the development code, and successful approval of all required permits from another department(s) or governing agency; and

14. Other Conditions. Other conditions that would ensure the operation of the proposed temporary activity in an orderly and efficient manner.

B. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a conditional use permit in compliance with SMC 19.54.040, and shall comply with the following standards and guidelines:

1. Height of Displayed Materials. The outdoor display/sale of merchandise shall not exceed a height of seven feet above finished grade.

2. Location. Outdoor display/sale area(s) shall be located entirely on private property. They shall not encroach into required setbacks. In zoning districts where no setback is required, the outdoor area(s) shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of a conditional use permit, in compliance with SMC

19.54.040.

3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways.

Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic.

4. Relationship to Main Use. The outdoor display/sales area(s) shall be directly related to a business occupying a permanent structure on the subject parcel.

5. Screening Required. Outdoor display/sales area(s) shall be screened from adjoining public rights-of-way by decorative walls, fences, and/or landscaping in compliance with SMC

19.40.100, Screening and buffering. Screening shall be provided to a height of one foot above the approved height of the merchandise and materials being displayed.

6. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display/sales area(s).

Agenda Item #8.1:

AC. Outdoor Dining and Seating Areas. Outdoor dining and seating area(s) shall be allowed in conjunction with legally established restaurants, wine tasting facility, wine bar, or tap room and other food service uses, in compliance with the following standards:

1. Limitation on Seating. The number of seats in the outdoor dining and seating area(s) shall not exceed 25 percent of the amount of approved indoor seats; otherwise, a conditional use permit shall be required.

2. Alcoholic Beverage Sales. Areas in which alcoholic beverages would be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards. The dining and seating area(s) shall be:
a. Accessible from inside the restaurant only, unless the city planner waives or modifies this requirement in circumstances where this is not feasible or practical; a. Duly licensed by the State Department of Alcoholic Beverages Control to serve alcoholic beverages in the outdoor dining area;
b. Clearly and physically defined separate from pedestrian and vehicle traffic. The area shall be clearly a part of the business restaurant it serves; and c. Supervised by an restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages.

3. Parking Requirements. Outdoor dining and seating area(s) shall be calculated in compliance with Chapter 19.48 SMC, Parking and Loading Standards.

24. Clean-Up. Outdoor dining area(s), whether part of a restaurant or seating in common, shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety.

35. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented:
a. Outdoor seating areas shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the seating area. A minimum five-foot clear area of sidewalk between the seating area and any curb or obstruction shall be provided; b. All outdoor seating furniture, including tables, chairs, planters and umbrellas, shall be moveable. Umbrellas must be secured with a minimum base of not less than 60 pounds and shall have a minimum vertical clearance of 7 feet;
ca. Associated structural elements, awnings, covers, furniture, umbrellas, stanchions or other physical elements that are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s);
b. Awnings, plants, umbrellas, and other human scale elements shall be provided as necessary to enhance the pedestrian experience;
dc. The relation of the outdoor seating area to churches, hospitals, public schools, and residential uses shall be considered by the community development director city planner. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise; and
Agenda Item #8.1:

ed. Pedestrian or vehicular traffic flow shall not be obstructed, nor shall existing pedestrian or vehicular movement areas be removed;
e. A minimum setback of five feet from adjoining property lines or parking lots shall be provided.

46. Sidewalk Seating Permit Required. Outdoor dining and seating on a public right-of-way as an accessory use to an eating or drinking establishment shall require a sidewalk seating permit pursuant to Chapter 12.06 SMC. Outdoor dining as an accessory use on private property shall require a use permit in accordance with Chapter 19.54 SMC.

A sidewalk seating permit shall be required pursuant to Chapter 12.06 SMC, for all any new outdoor seating on a public right-of-way that is not subject to use permit review.

B. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a temporary use permit, in compliance with SMC 19.54.030 and the following standards. If merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department in accordance with Chapter 12.20 SMC. A temporary use permit or encroachment permit may include conditions that address any pertinent factors affecting the operation of the temporary use, and may include the following:

1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days;

2. Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration;

3. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in subsection (B)(1) of this section;

4. Setbacks. Provision of appropriate setbacks to ensure separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the community development director;

5. Public Right of Way. Outdoor displays and sales in the public right-of-way shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the display or sales area. A minimum five-foot clear area of sidewalk between the area and any curb or obstruction shall be provided.

6. Signs. Regulation of signs, in compliance with SMC Title 18, Signs and Display Advertising;

7. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

8. Waste Collection and Disposal. Provision for solid, organic, hazardous, and toxic waste collection, recycling and/or disposal;

9. Development Code Compliance. A requirement that the approval of the requested temporary use permit is contingent upon a finding, by the community development director, that the activity would be in compliance with the applicable provisions of this section, the development code, Agenda Item #8.1:

and successful approval of all required permits from another department(s) or governing agency; and

10. Other Conditions. Other conditions that would ensure the operation of the proposed temporary activity in an orderly and efficient manner.

C. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a conditional use permit in compliance with SMC 19.54.040, and shall comply with the following standards. If merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department in accordance with Chapter 12.20 SMC. A conditional use permit or encroachment permit may include conditions that address any pertinent factors affecting the operation of the conditional use, and may include the following:

1. Height of Displayed Materials. The outdoor display/sale of merchandise shall not exceed a height of seven feet above finished grade.

2. Location. Outdoor display/sale area(s) shall be located entirely on private property, unless allowed pursuant to a duly-issued encroachment permit under Chapter 12.20 SMC.

3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways.

Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic.

4. Relationship to Main Use. The outdoor display/sales area(s) shall be directly related to a business occupying a permanent structure on the subject parcel.

5. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display/sales area(s).

6. Public Right of Way. Outdoor displays and sales in the public right-of-way shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the display or sales area. A minimum five-foot clear area of sidewalk between the area and any curb or obstruction shall be provided. If the merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department in accordance with Chapter 12.20 of the municipal code.

SECTION 3. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan, including Goals CD-1 and CD-2, Policies 5.5, 1.2, and 1.8 because the amendments:
• Promote positive community interaction through provision of attractive public spaces.

Agenda Item #8.1:

• Focus on the retention and attraction of businesses that reinforce Sonoma’s distinctive qualities—such as agriculture, food and wine, history and art—and that offer high-paying jobs.
• Promote and accommodate year-round tourism that is consistent with the historic, small-town character of Sonoma.
• Preserve and enhance the historic Plaza area as a unique, retail-oriented commercial and cultural center that attracts both residents and visitors.

Overall, the proposed amendments to the development code would support the action of the general plan.

B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments facilitate permitting of duplexes in the low density residential zoning district and multifamily residential dwellings in the medium density and high density residential zoning districts, clarify the review process for concurrent applications to streamline permit processing, and clarify development standards for residential development projects.

SECTION 4. CEQA.

This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 5. 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, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Agenda Item #8.1:

SECTION 6. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. Publication.

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

SECTION 8. 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, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance 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:

ABSENT:

ABSTAIN:

Agenda Item #8.1:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 May 2024
Department
Administration
Staff Contact
David J. Ruderman, City Attorney
Agenda Item Title
Discussion, Consideration, and Possible Action to Adopt a Resolution Approving a First Amendment to the Employment Agreement with the City Manager and Authorizing the Mayor to Execute Same.

Summary
The City appointed David Guhin City Manager in May 2023. Following his annual performance evaluation on May 1, 2024, the City Council requested I present this report for consideration of an amendment to Mr. Guhin’s employment agreement.

The proposed amendment would increase his base salary to $259,600 as a merit increase and to better align his salary with comparable city manager positions. If approved, the salary increase would be effective immediately. There are no other proposed amendments to Mr.

Guhin’s employment agreement.

Recommended Council Action
Adopt a resolution approving the first amendment to the employment agreement for City Manager David Guhin.

Alternative Actions
City Council discretion.

Financial Impact
Budget resources are available for the additional expense entailed in the amended employment agreement.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution City Manager Employment Agreement First Amendment Exhibit A - First Amendment to D. Guhin Employment Agreement Alignment with Council Goals:

Agenda Item #9.1:

City of Sonoma
RESOLUTION # ______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING THE

FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT FOR CITY MANAGER DAVID GUHIN
WHEREAS, the City Council approved an Employment Agreement dated April 19, 2023, for the services of David Guhin as City Manager of the City of Sonoma pursuant to Chapter 2.08 of the Sonoma Municipal Code; and
WHEREAS, the City Council and David Guhin now wish to amend the Employment Agreement as provided in a First Amendment to the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves the First Amendment to the Employment Agreement Between the City of Sonoma and David Guhin, attached hereto as Exhibit A and incorporated by this reference, and directs the Mayor to execute the First Amendment to the Employment Agreement.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of Sonoma on the 15th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
John Gurney, Mayor
Attest:
_____________________________________
Monique Saviez Burns, Deputy City Clerk
Agenda Item #9.1:

EXHIBIT A
First Amendment to Employment Agreement Page 1 of 1

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF SONOMA AND DAVID GUHIN
This First Amendment to the Employment Agreement (“First Amendment”) is entered into May 15, 2024 (the “Effective Date”) between the City of Sonoma, a municipal corporation (hereinafter, “City”) and David Guhin (hereinafter, “Employee”), with respect to the following Recitals:

RECITALS
WHEREAS, City and Employee entered into the “Employment Agreement Between the City of Sonoma and David Guhin” dated April 19, 2023 (“Employment Agreement”); and WHEREAS, City and Employee now wish to amend the Employment Agreement as provided in this First Amendment.

NOW, THEREFORE, in consideration of the mutual promises, convents, and conditions set forth herein, City and Employee hereby agree as follows:

1. Section 5 (Salary), subdivision (a), of the Employment Agreement is hereby replaced in its entirety to read as follows:
a) City agrees to pay Employee a base salary of Two Hundred Fifty-Nine Thousand Six Hundred Dollars ($259,600.00) in salary per annum for his services (“Base Salary”), payable in installments at the same time as other employees of the City are paid and subject to customary withholding. This adjustment shall be effective immediately upon adoption of this First Amendment by the City and Employee.

2. Unless expressly amended in this First Amendment, all provisions, conditions, covenants, and terms of the Employment Agreement shall remain in full force and effect.

CITY OF SONOMA EMPLOYEE
By: ______________________________
John Gurney, Mayor
By: _____________________________
David Guhin
Date: ____________________________ Date: ___________________________ ATTEST
________________________________________
Monique Saviez Burns, Deputy City Clerk
APPROVED AS TO FORM:
_______________________________________
David J. Ruderman, City Attorney
Agenda Item #9.1: