Agenda — Sonoma City Council, September 4, 2024 (part 1 of 2)

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, September 4, 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.

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]
PROCESS FOR COMMENTS FROM THE PUBLIC: There will be two opportunities for members of the public to address items not appearing on the agenda. The early public comment period, Agenda Item 1, will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make their comments under the later public comment, Agenda Item 10.

When the Mayor announces these agenda items, please form a line to speak.

In the event a Council Member participates remotely for just cause or an emergency circumstance under Assembly Bill 2449, the City will allow for public comment through the Zoom link.

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

Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.

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

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

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Page
6:00 P.M. – REGULAR MEETING

1. PRESENTATIONS

1.1: Proclamation Proclaiming September 15 - October 15, 2024 as Hispanic Heritage Month in the City of Sonoma

1.2: Update on the 2024 Fire Season in Sonoma Valley by Sonoma Valley District Fire Chief Steve Akre

2. COMMENTS FROM THE PUBLIC
At this this time members of the public may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 10 - SECOND PUBLIC COMMENT. Please form a line to speak.

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. Please begin by stating your name.

3. MEETING DEDICATIONS

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

Council Members may also make appointments to city commissions at this time.

5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

6. CITY ATTORNEY COMMENTS

7. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

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

7.2: Receive the Minutes from the Regular Meeting of August 21, 2024 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the Minutes.

08.21.2024 Regular Meeting Minutes
6 - 8

7.3: Adopt a Resolution Approving Sonoma Valley High School Request for Temporary Use of City Streets on October 18, 2024 to Conduct the Annual Homecoming Parade (Lisa Janson, Senior Management Analyst) RECOMMENDATION: Adopt the resolution.

Agenda Report - SVHS Homecoming Requests - Pdf
9 - 25

7.4: Adopt a Resolution Authorizing the City Manager to Execute Purchase Agreements for Two New 2024 Ford Lightning Pro Fully Electric Pickup Trucks and Two New 2024 Chevy Silverado HD Service Body Pickup Trucks in an 26 - 37

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Amount Not to Exceed $285,000 and to Approve a FY 24/25 Budget Adjustment in the Amount of $285,000 for the Purchase of the New Vehicles and an Additional $15,000 for Installation of Two New Electric Vehicle Charging Plugs at the Public Works Corporation Yard (Chris Pegg, PW Operations Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Pickup and Service-Body Truck Purchases - Pdf

7.5: Adopt a Resolution Authorizing the City Manager to Execute a Purchase Agreement with Republic EVS for a New 2024 Ford E-450 Custom Type III Ambulance (Steve Akre, Fire Chief)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Ambulance Purchase - Pdf
38 - 51

7.6: Adopt a Resolution Confirming Signatories on City of Sonoma Financial Institution Accounts, Authorizing the Finance Director to Make Transfers Between Accounts, Including Money Market and Investment Accounts, and Amending Signature Requirements to Allow for Electronic Signatures (Prapti Aryal, Finance Director and Rebekah Barr, MMC, City Clerk) RECOMMENDATION: Adopt the resolution.

Agenda Report - Electronic Signatures - Pdf
52 - 55

7.7: Adopt a Resolution Approving an Application for Temporary Use of City Streets for the 2024 Valley of the Moon Vintage Festival 5K Foot Race and the Sonoma Volunteer Fire Fighters Association Annual Water Fights September 28, 2024 (Lisa Janson, Senior Management Analyst)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Vintage Festival Street Use - Pdf
56 - 85

7.8: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with W-Trans in an Amount Not to Exceed $75,000 to Develop a Vehicle Miles Traveled (VMT) Guidelines for CEQA Analyses (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Adopt the resolution.

Agenda Report - WTrans SB743 Contract - Pdf
86 - 117

8. PUBLIC HEARING

8.1: Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Use Permit Amendment (UA-23-40) and Wine Tasting Use Permit (WTUP-24-1) that Would have Authorized a Vacation Rental and Wine Tasting Facility at 301 First Street West Under the Adaptive Reuse Provisions of the City’s Development Code. The Appellant requests the City Council approve the Use Permit Amendment and Wine Tasting Use Permit and give direction to staff on policy issues concerning the Adaptive Reuse Ordinance (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Deny the appeal and adopt the attached draft City Council Resolution, titled “A Resolution Of the City Council of the City of Sonoma Denying an Appeal and Affirming the Planning Commission’s Decision on May 16, 2024 Denying the Amendment to the Use Permit (UA 23- 40) And Wine Tasting Use Permit (WTUP 24-1) Applications of Michael Ross to Allow a Vacation Rental and Wine Tasting Use Permit At 301 First Street West (APN 018-161-042)."
Agenda Report - Cooperage Appeal - Pdf
118 - 254

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

9.1: A Resolution Affirming Support of Farms, Ranches, and Agricultural Operations and Businesses in Sonoma County and Opposing Measure J (David Guhin, City Manager)
RECOMMENDATION: Adopt the resolution officially opposing Measure J on the November 5, 2024, Presidential Ballot and affirming support of agricultural operations and related Business in Sonoma County.

Agenda Report - Measure J - Pdf
255 - 258

9.2: A Resolution Authorizing the City Manager to Execute a Construction Contract with Granite Inc., for $163,250, Approve $16,325 (10%) in Contingency, and Approve a Project Budget of $189,599.41 for Urgent and Necessary Repairs to the Storm Drain System at the Intersection of Fifth Street East and East MacArthur Street Pursuant to Public Contracts Code 22050 (Michael Berger, Public Works Director)
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a construction contract with Granite for $163,250, approve $16,325 in contingency, and approve an overall project budget of $189,599.41 for urgent and necessary repairs to the storm drain system at the intersection of Fifth Street East and East MacArthur Street pursuant to public contracts code 22050.

Agenda Report - 5th Street East and East MacArthur Emergency Storm Drain Repair - Pdf
259 - 280

10. SECOND PUBLIC COMMENT
At this this time members of the public who did not have the opportunity to speak during the early comment period may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker will be allowed up to two minutes. Please form a line to speak.

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

City of Sonoma's Commission and Committee Roster: Commission & Committee Roster 6/21/2024 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.

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

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

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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, August 21, 2024

6:00 PM Regular Meeting
Regular Meeting Minutes, August 21, 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, Council Member Wellander, and Vice Mayor Farrar-Rivas ABSENT: Council Member Ding and Council Member Lowe

REPORT ON CLOSED SESSION
There was no Closed Session held.

APPROVAL OF AGENDA
Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Wellander, to approve the agenda with item 7.10 being pulled for separate discussion. Motion carried 3-0-2 with Council Member Wellander, Vice Mayor Farrar-Rivas, and Mayor Gurney voting YES and Council Member Ding and Council Member Lowe absent.

1. PRESENTATIONS
Item 1.1: Proclamation proclaiming August 26, 2024, as "Women's Equality Day" in the City of Sonoma
Item 1.2: Presentation by Christine M. Sosko, Director of Sonoma County Environmental Health Regarding Microenterprise Home Kitchens (MEHKO)

2. COMMENTS FROM THE PUBLIC
None.

3. MEETING DEDICATIONS
None.

4. COUNCILMEMBERS’ REPORTS AND COMMENTS
Vice Mayor Farrar-Rivas attended a Sonoma Clean Power Board meeting on August 1, 2024.

Council Member Wellander, on behalf of Council Member Ding, attended the Zero Waste Sonoma Board meeting on August 15, 2024. He also attended the annual Zucchini Races at the Sonoma Plaza on August 20, 2024.

Mayor Gurney, along with Council Member Wellander, attended the Mayors’ and Councilmembers’ Association Board meeting on August 8, 2024. He was also present at the annual Zucchini Races at the Sonoma Plaza on August 20, 2024.

5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin reiterated that there was a great turnout on August 20, 2024, for the annual Zucchini Races held at Sonoma Plaza. Mr. Guhin reminded everyone that the City routinely sends out a newsletter that includes a plethora of important information. City Manager Guhin provided a brief update on the City’s cemeteries and shared that the City will be holding the following “Cemetery Clean Up Days”: Valley Cemetery on September 2, 2024; Mountain Cemetery on October 26, 2024; and Veterans Cemetery on November 9, 2024. He also provided a status update on the Bay Area Housing Finance Authority (BAHFA) Bond Measure, which was pulled from the November 2024 ballot. Mr.

Guhin shared that he participates in Sonoma Valley Unified School District’s (SVUSD) school consolidation process; information on these public meetings can be found on SVUSD’s website.

Lastly, City Manager Guhin reminded the public that the “Celebration of Trees” art exhibit reception will be held in the Council Chambers on Thursday, August 22, 2024, from 3:30 pm to 5:30 pm.

6. CITY ATTORNEY COMMENTS
None.

7. CONSENT CALENDAR – CITY COUNCIL
Agenda Item #7.2:

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Regular Meeting Minutes, August 21, 2024
Motion by Council Member Wellander, seconded by Vice Mayor Farrar-Rivas, to approve the Consent Calendar with item 7.10 being pulled for separate discussion. Motion carried 3-0-2 with Council Member Wellander, Vice Mayor Farrar-Rivas, and Mayor Gurney voting YES, and Council Member Ding and Council Member Lowe absent.

Public Comment: Sedra Nathan
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: Accept Minutes from the Regular Meetings of July 17, 2024, August 7, 2024, and the Special Joint Meeting of June 25, 2024 (Rebekah Barr, MMC, City Clerk) Action: Minutes were accepted.

Item 7.3: Accept the Expenditure Report for the Month of June 2024 (Prapti Aryal, Finance Director)
Action: The expenditure report was accepted.

Item 7.4: Accept the Expenditure Report for the Month of July 2024 (Prapti Aryal, Finance Director)
Action: The expenditure report was accepted.

Item 7.5: Adopt a Resolution Approving a Cooperative Funding Agreement with Sonoma County Transportation Authority (SCTA) for Go Sonoma Measure M Funds for CIP Project No. T-6, Citywide Safety Bicycle and Pedestrian Improvements (Mike Berger, Public Works Director)
Action: Adopted as Resolution 57-2024.

Item 7.6: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Matrix Consulting Group, Ltd. in an Amount Not to Exceed $50,000 to Develop a Comprehensive Fee Study, Cost Allocation Analysis, and Nexus Study for Impact Fees (Prapti Aryal, Finance Director & Jennifer Gates, AICP, Community Development Director)
Action: Adopted as Resolution 58-2024.

Item 7.7: Adopt a Resolution of Intention to Renew the Sonoma Tourism Improvement District (STID) (David Guhin, City Manager & Rebekah Barr, MMC, City Clerk) Action: Adopted as Resolution 59-2024.

Item 7.8: Adopt a Resolution Authorizing the City Manager to Enter into a Cooperative Purchasing Agreement (Interlocal Contract) with the Houston-Galveston Area Council of Governments (H-GAC) (Rebekah Barr, MMC, City Clerk)
Action: Adopted as Resolution 60-2024.

Item 7.9: Adopt a Resolution Amending the City of Sonoma Conflict of Interest Code (Rebekah Barr, MMC, City Clerk)
Action: Adopted as Resolution 61-2024.

Item 7.10: Adopt a Resolution Authorizing the City Manager to Execute a Task Order with Land Culture LLP, Previously Doing Business as Ann Baker Landscape Architect, for Olsen Park Renovations, Capital Improvement Project P-8 (Mike Berger, Public Works Director)
Action: Adopted as Resolution 62-2024.

Motion by Vice Mayor Farrar-Rivas, seconded by Mayor Gurney, to Adopt a Resolution Authorizing the City Manager to Execute a Task Order with Land Culture LLP, Previously Doing Business As Ann Baker Landscape Architect, for Olsen Park Renovations, Capital Improvement Project P-8. Motion carried 3-0-2, with Council Member Wellander, Vice Mayor Farr-Rivas, and Mayor Gurney voting YES, and Council Member Ding and Council Member Lowe absent.

8. PUBLIC HEARING
None.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Adopt a Resolution Approving the Updated 2024 City of Sonoma Emergency Operations Plan (EOP) (Sarah Tracy, Senior Management Analyst/PIO) Action: Adopted as Resolution 63-2024.

Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Wellander, to Adopt a Resolution Approving the Updated 2024 Emergency Operations Plan (EOP). Motion carried 3-0-2, with Council Member Wellander, Vice Mayor Farr-Rivas, and Mayor Gurney voting YES, and Council Member Ding and Council Member Lowe absent.

Agenda Item #7.2:

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Regular Meeting Minutes, August 21, 2024
Item 9.2: Discussion, Consideration, and Possible Adoption of a City Council Resolution to Adopt a Policy to Allow for Alternative Sidewalk Materials and Designate the Public Works Director the Authority to Issue Permits for Sidewalks and Driveways (Jennifer Gates, AICP, Community Development Director & Mike Berger, Public Works Director) Action: Adopted as Resolution 64-2024.

Public Comment: Sedra Nathan
Motion by Vice Mayor Farrar-Rivas, seconded by Mayor Gurney, to Adopt a Resolution to Adopt a Policy to Allow for Alternative Sidewalk Materials and Designate the Public Works Director the Authority to Issue Permits for Sidewalks and Driveways. Motion carried 3-0-2 with Council Member Wellander, Vice Mayor Farrar-Rivas, and Mayor Gurney voting YES, and Council Member Ding and Council Member Lowe absent.

Item 9.3: Appointments to the Sonoma Valley Groundwater Sustainability Advisory Committee and Sonoma Community Housing Corporation (Rebekah Barr, MMC, City Clerk) Action: Elena Neigher was appointed to the Sonoma County Groundwater Sustainability Advisory Committee. By consensus of the Council, the open position on the Sonoma Community Housing Board will be brought back for consideration at a subsequent meeting.

Motion by Vice Mayor Farr-Rivas, seconded by Council Member Wellander, to appoint Elena Neigher to the Sonoma Valley Groundwater Sustainability Advisory Committee. Motion carried 3-0-2 with Council Member Wellander, Vice Mayor Farrar-Rivas, and Mayor Gurney voting YES, and Council Member Ding and Council Member Lowe absent.

10. SECOND COMMENTS FROM THE PUBLIC
None.

10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 7:43 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 4th of September 2024.
___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Approving Sonoma Valley High School Request for Temporary Use of City Streets on October 18, 2024 to Conduct the Annual Homecoming Parade Summary
Special event permit applications that include requests for the closure of City streets in conjunction with the event must obtain City Council approval of the related street closure. The Sonoma Valley High School has scheduled their annual homecoming parade for October 18, 2024 between the hours of 1:00 p.m. and 1:30 p.m. Because the event involves use of SR 12, the applicant must also obtain permission and an encroachment permit from Caltrans. The parade route will begin on Broadway (State Route 12) at the High School and end in the horseshoe of the Plaza. Details of the requested street closures are specified in the application. This is a recurring Plaza event, prior year street use applications have been approved by Council, and the event has occurred in the Plaza without issue or controversy.

The event and street use fee waivers were included in the Community Recreation and Community Service Program adopted by Resolution #31-2022 on June 1, 2022.

Recommended Council Action

1. Adopt the resolution approving the use of city streets and recommending Caltrans approval subject to the following conditions:
a. Sonoma Valley High School must obtain an appropriate Permit from the State of California Divisions of Highways;
b. Sonoma Valley High School must submit, to the City, an insurance certificate in compliance with the City of Sonoma Facility Use Insurance Requirements prior to the event;
c. Sonoma Valley High School must meet with the Police Chief, Public Works Parks Supervisor and Street Supervisor at least two weeks prior to the event to finalize traffic plans and submit a written request for special barricading; d. Sonoma Valley High School must provide adequate supervision of the event to ensure that the Plaza is left in its pre-event condition and that all Plaza Use conditions and restrictions are adhered to.

Alternative Actions
City Council's discretion.

Financial Impact
The financial impacts of this action are in staff time to manage rolling street closures and minimal energy costs.

Agenda Item #7.3:

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Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - SVHS Homecoming Parade
PLUA-24-22_ SVHS Event Application
Alignment with Council Goals:

Not Applicable
Agenda Item #7.3:

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City of Sonoma
RESOLUTION # - 2024

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

USE OF CITY STREETS FOR THE SONOMA VALLEY HIGH SCHOOL HOMECOMING PARADE ON OCTOBER 18, 2024, AND PERMISSION TO UP-LIGHT CITY HALL FROM OCTOBER 14, 2024, THROUGH OCTOBER 20, 2024, WITH GREEN FLOOD LIGHTS WHEREAS, Sonoma Valley High School has applied to the State of California to conduct the Sonoma Valley High School Homecoming Parade, on State property; and WHEREAS, the Sonoma Valley High School Homecoming Parade will temporarily impede and restrict the free passage of State Route 12 on October 18, 2024, between Sonoma Valley High School, 20000 Broadway and the Downtown Sonoma Plaza between the hours of 1:00 p.m. and 1:30 p.m.; and WHEREAS, the City of Sonoma wishes to show their support of the Sonoma Valley Dragons and the Sonoma Valley High School.

NOW THEREFORE BE IT RESOLVED the City of Sonoma wishes to show their continued support of the Sonoma Valley Dragons and the Sonoma Valley High School, by turning City Hall green for a period of 7 days.

BE IT FURTHER RESOLVED that the City Council of the City of Sonoma approves and consents to the proposed Sonoma Valley High School Homecoming Parade and recommends approval of and consents to the proposed restriction of State Highway Route 12 upon terms and conditions deemed appropriate and necessary by the State of California, Department of Transportation, subject to the following conditions:

1. Sonoma Valley High School must obtain an appropriate Permit from the State of California Divisions of Highways.

2. Sonoma Valley High School must submit, to the City, an insurance certificate in compliance with the City of Sonoma facility use insurance requirements prior to the event.

3. Sonoma Valley High School must meet with the Police Chief and Streets Supervisor at least two weeks prior to the event to finalize traffic plans and submit a written request for special barricading.

4. Sonoma Valley High School must provide adequate supervision of the event to ensure that the Plaza is left in its pre-event condition and that all Plaza use conditions and restrictions are adhered to.

5. Direct city staff to install the high schools up-lights for a period of 7-days starting on October 14, 2024, through October 20, 2024.

PASSED, APPROVED AND ADOPTED 4
th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
John Gurney, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

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City of Sonoma, CA August 19, 2024
PLUA-24-22
Plaza Use Application
Status: Active
Submitted On: 6/10/2024
Primary Location
No location
Applicant
Tammy Rivara
707-225-2508
[email protected]
Sonoma Valley High School
20000 Broadway
Sonoma, CA 95476
Event Information
New or Returning Annual Event *
Returning Event
Name of Event*
Homecoming Parade and Plaza Rally
Beginning Event Date*
10/18/2024
Ending Event Date
10/18/2024
How many days will your event take place?*
1 Event Organizer
Tammy Rivara
Sponsoring Organization
Sonoma Valley High School
Organization Type*
Non-Profit
Event Contact Person Information
Event Contact Person Name*
Tammy Rivara
Title
Ms.

Mailing Address*
20000 Broadway
City*
Sonoma
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 1/14 Agenda Item #7.3:

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State*
CA
Zip*
95476
Day Time Phone*
(707)225-2508
Cell Phone*
(707)225-2508
Email*
[email protected]
On Site Contact Name*
Tammy Rivara
On Site Contact Cell Phone*
(707)225-2508
Plaza Areas Requested
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 2/14 Agenda Item #7.3:

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SE Section (Daily rental fee $400) NW Section (Daily rental fee $300) NE Section (Daily rental fee $300) SW Section (Daily rental fee $300) Amphitheater (Daily rental fee of $200) Rear Parking Lot (Daily rental fee $300) Horseshoe Pavement (Daily rental fee $200) How many Plaza Area sections or areas are you requesting?*
2 Will this event's duration be greater than 8 hours?*
No
Hours of Use
Date*
10/18/2024
Set-up Time Information
Start Time (Set-up)*
5:30
AM/PM*
AM
Event Start Time Information
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 3/14 Agenda Item #7.3:

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Event Start Time*
1:30
AM/PM*
PM
Event End Time Information
Event End Time*
2:30
AM/PM*
PM
Teardown & Cleanup Information
End Time (Teardown & Cleanup)*
3:30
AM/PM*
PM
Attendance
Estimated Attendance*
200
Type of Admission
Free Admission Number of Free Admission Attendees
200
Admission/Participation Fee Required Race Fee
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 4/14 Agenda Item #7.3:

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Event Features
Booths (Free to Vendors) Booths (For Sale to Vendors)
Car Show Kid Zone and or Games
Live and or Amplified Music Race (Bike or Running)
Recycling Center Registration Area
VIP Area Parade
ATV and or Golf Carts
Structures
INFLATABLES ARE PROHIBITIED IN CITY PARKS. i.e. Jumping Houses POLYSTYRENE PRODUCTS ARE PROHIBITED IN CITY PARKS.

Plaza Use Map
Electrical Map
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 5/14 Agenda Item #7.3:

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Banner Sign on historic directory Barricades (Security Only) Chairs Ez Pop Up Canopies
Fencing or Delineating Areas First Aid Station
Free Standing Signs/Banners Generators
Sanitation Services Stages/Risers
Tables Tents
Trailers Trash Containers/Dumpsters
Other Structure
Food and Beverage
Food to be available?*
No Food Served
Alcohol Served Onsite
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 6/14 Agenda Item #7.3:

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Vendors Required for Set Up and Event
ALS Ambulance Audio Visual Services
Bicycle Valet Services Sanitation Services
Party Rental Company Musicians and DJ
Security Fork Lifts and Rigging
Transportation Services Staging Company
Tenting Company Recycling Sorting Vendor
Additional Services
Bathroom Attendant(s) Electricity Needed
CHP Services for Street Closures Onsite Supervision Requested 8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 7/14 Agenda Item #7.3:

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Onsite Security Reservation of Public Parking
Water Needed Street Use Requested
Marketing Information
Please submit a event description that the City of Sonoma can use on SonomaCity.org Event Calendar.* This is the annual Sonoma Valley High School Parade and Plaza Rally, where students walk down Broadway from the high school to the Plaza alongside their floats and then have a spirit rally at the Grinstead Amphitheater.

Street Closure(s) Requested
If your event is utilizing more then one street please continue to add the additional streets completing all the relevant questions including duration of closure.

Street Name
Broadway
Between cross streets:

Cross Streets
Newcomb and Napa Road
Duration of Closure
8/19/24, 1:48 PM PLUA-24-22
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Date
10/18/2024
From:
1:00pm
To:
1:30pm
Upload maps of all proposed street closures.

No File Uploaded
8/19/24, 1:48 PM PLUA-24-22
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Steet Use General Conditions of Approval
Applicant is responsible for obtaining permission from Caltrans for use of any portion of Highway 12. All facilities placed upon a City street are subject to continuing safety approval and inspection by the appropriate City departments. A clear path of a minimum width of 20 feet through the length of the portion of roadway being used must be maintained for emergency vehicle access. Obstructions shall not be placed along the curb or the roadway within 10 feet of any fire hydrant.

All facilities used for the event shall be removed from City streets immediately after the close of the event. All costs for barricading, traffic control, street sweeping and clean up shall be borne by the applicant. Applicant will be required to submit a deposit equal to the amount estimated by the City for services performed by City personnel in relation to the event. The deposit is due no later than two weeks before the first day of the event. If actual costs exceed the amount of the deposit, applicant will be required to pay the difference. If actual costs are less than the deposit, the excess will be returned to applicant or applied to any other fees or charges owed to the City. Applicant must provide a certificate of insurance and a policy endorsement naming the City of Sonoma as additional insured as described in the City of Sonoma Facility Use Insurance Requirements.
* * * * *
I do hereby acknowledge and affirm that all information contained herein is accurate to the best of my knowledge and agree to assume full responsibility and liability for and indemnify, and suits for or by reason of injury to any person or damages to any property of the parties hereto or of the third persons for any and all cause or causes whatsoever on in any way connected with the holding of said event or any act or omission or thing in any manner related to said event and its operation irrespective of negligence, actual or claimed, upon the part of the City, its agents or employees.

Applicant Signature Acknowledging Street Use
Conditions*
Tammy Rivara
Jun 10, 2024
8/19/24, 1:48 PM PLUA-24-22
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Insurance Information
The following special event insurance requirements must be met for all events being held on City property.

Event organizers must have liability insurance for no less than two million dollars ($2,000,000) naming the City of Sonoma as an additional insured, with an endorsement stating that the event holder’s insurance is primary. If alcohol is sold at the event, the event holder must also provide two million dollars ($2,000,000) liquor liability insurance.

It is essential that any group holding an event in the City of Sonoma meet one of the following two insurance requirements to ensure that your organization is carrying full risk and responsibility for producing your event.

1. Certificate of General Liability Insurance AND Endorsement. The required insurance certificate and endorsements must be executed by your insurance carrier with the terms and language below.

1. The term must be for one year with a minimum of $2 million General Liability for each occurrence, OR, $1 million General Liability plus $1 million Umbrella Liability for each occurrence.

2. Additionally Insured Language: The City of Sonoma, its elected or appointed officers, officials, employees and volunteers, #1 The Plaza, Sonoma, CA 95476.

3. Description of Premises: Provide a description of the operations, location and dates of the event and insurance policy number.

4. Primary Language on Endorsement: This insurance shall be primary as respects the insured shown in the schedule, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage.

In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it.

5. Cancellation Language: The insurance afforded by this policy shall not be cancelled except after thirty (30) days prior written notice by certified mail.

2. Special Event Insurance:

1. Minimum of $2 million General Liability for each occurrence, OR, $1 million General Liability plus $1 million Umbrella Liability for each occurrence.

2. Additionally Insured Language: The City of Sonoma, its elected or appointed officers, officials, employees and volunteers, #1 The Plaza, Sonoma, CA 95476.

3. Description of Premises: Provide a description of the operations, location and dates of the event and insurance policy number.

In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it.

Note: Do not wait to contact your insurance carrier. It is generally the insurance that holds up a permit. Be certain when you submit your request for insurance certificates and endorsements that your carrier receives the above provisions and requirement. 8/19/24, 1:48 PM PLUA-24-22
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Additional Fee Notes:

Maintenance Fee: If the rented area is not returned in rentable condition (at the sole discretion of the City), the City may charge a maintenance fee for each hour required by City Staff to bring the event area into rentable condition. (Staff activities may include, but are not limited to: emptying trash cans, cleaning restrooms, picking up litter.) This maintenance fee is based on the Public Works Hourly Rate as specified in the most current City Fee Schedule.

Clean up activities may include activities outside of the originally rented area to the extent that those areas were impacted by the event.

Other Fees: Event organizers are responsible for any costs (such as staff time costs) associated with the event. Examples are below but are not all inclusive:

If the approving committee or City Council directs specific activities of staff (such as inspections), fees associated with that activity shall be charged to the event unless waived by City Council. If event preparation or review time exceeds hours allocated in the applicable fee, those costs may be charged to the event organizer at the sole discretion of the City. Such activities may include but are not limited to additional set up such as electrical review, distribution or emptying of trash cans, pick up of litter. If City Staff are requested to be oncall or are called in to resolve an event issue, the associated fee (including minimum charges) may be charged to the event organizer at the sole discretion of the City. Additional services requested after the event application and approval which were not considered at the time of the application may be charged at the rate specified in the City Fee Schedule.

Fee Changes: The City of Sonoma Fee Schedule is typically reviewed annually. If the City’s fees change between the submittal of an application and the event, event fees will be adjusted to reflect the current fees as specified in the City Fee Schedule. This may result in additional costs or a refund.
8/19/24, 1:48 PM PLUA-24-22
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Applicant Agreement
I, the undersigned, as applicant or on behalf of the applicant, signify that the information provided on this application is true and correct and hereby accept full responsibility for any breakage or damage to property or building, and for department and conduct of those attending the function for which the facility is requested.

I agree to indemnify, defend, and hold harmless the City of Sonoma, its officer, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the negligent act or omission of myself, any agent, anyone directly or indirectly by them or anyone for whose acts by them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of the City.

If permission is granted, I, or my representative agrees to be present during the entire use of the facility. This agreement requires that the City of Sonoma be named as “an additionally insured” and that the applicants insurance apply on a primary and non-contributory basis, over any coverage the city of Sonoma may have.

My signature below signifies that I agree to abide by all of the conditions of this application, the Special Event Use Policy and of any contract issued based on this application. I also agree to pay to the City of Sonoma all costs the City may incur as a result of any failure to comply with all of these conditions including damages due to failure to leave the premises in rentable condition.

Applicant Signature*
Tammy Rivara
Jun 10, 2024
Attachments
SVFD Outdoor Special _ Assembly Event Standard.pdf
Uploaded by Trevor Smith on Jul 2, 2024 at 10:55 AM
Plaza Use Map with Use Areas Highlighted.png
Uploaded by Tammy Rivara on Jun 10, 2024 at 3:22 PM

REQUIRED
Homecoming Narrative 2024.pdf
Uploaded by Tammy Rivara on Jun 10, 2024 at 3:24 PM

REQUIRED
SVFD Outdoor Special _ Assembly Event Standard.pdf
Site Plan
Event Narrative
8/19/24, 1:48 PM PLUA-24-22
https://sonomaca.workflow.opengov.com/#/explore/records/3438/react-form-details/3438 13/14 Agenda Item #7.3:

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SVHS Homecoming Parade and Plaza Rally 2024 budget.xlsx Uploaded by Tammy Rivara on Jun 10, 2024 at 3:28 PM

REQUIRED
Homecoming Narrative 2024.pdf
Uploaded by Tammy Rivara on Jun 10, 2024 at 3:24 PM
SpecialEventWastePlan.pdf
Uploaded by Tammy Rivara on Jun 10, 2024 at 3:35 PM

REQUIRED
Nonprofit letter 2024.pdf
Uploaded by Tammy Rivara on Jun 10, 2024 at 3:39 PM

REQUIRED
Proposed Budget
Event Timeline
Waste Minimization Plan
Non-Profit Tax-Exempt Letter
8/19/24, 1:48 PM PLUA-24-22
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Public Works
Staff Contact
Chris Pegg, PW Operations Manager
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute Purchase Agreements for Two New 2024 Ford Lightning Pro Fully Electric Pickup Trucks and Two New 2024 Chevy Silverado HD Service Body Pickup Trucks in an Amount Not to Exceed $285,000 and to Approve a FY 24/25 Budget Adjustment in the Amount of $285,000 for the Purchase of the New Vehicles and an Additional $15,000 for Installation of Two New Electric Vehicle Charging Plugs at the Public Works Corporation Yard
Summary
The City of Sonoma has a fleet of 71 active vehicles and equipment. This fleet includes fire apparatus, ambulances, passenger vehicles, trucks, tractors, generators, trailers, and a variety of specialized equipment (e.g. ride-on mowers, woodchippers, asphalt rollers, and forklifts).

As fleet vehicles and equipment reach the end of their service life or no longer satisfy minimum operational requirements, they are replaced with consideration of the City's current and forecast operational needs, service-level standards, and newly available technologies. City staff in the Public Works Department have identified two pickup trucks in the fleet that have reached the end of their service life and can be replaced with fully electric pickup trucks without reducing operational capabilities or emergency preparedness.

Transitioning to fully battery electric pickup trucks (when equivalent battery-electric replacements are commercially available) is an opportunity for the City of Sonoma to implement its adopted Climate Action Strategies and Environmentally Preferrable Procurement Policy.

City staff in the Public Works Department have also identified two pickup trucks in the fleet that should be upgraded to more-capable service body pickups to more effectively achieve desired service levels and efficiently match trained personnel with fully equipped service-body vehicles.

The recommended replacements would be as follows:

Agenda Item #7.4:

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The costs for these replacements would be born by the Vehicle Replacement Fund. The purpose of the Vehicle Replacement fund is to provide a funding mechanism for the planned replacement of existing vehicles and equipment. All funds are derived from annual transfers made by City departments where the vehicles are assigned. The Vehicle Replacement fund helps to prevent excessive swings in annual vehicle replacement costs by anticipating future vehicle and equipment replacement needs and amortizing the replacement costs over a period of time.

The two new fully electric pickup trucks require chargers. Staff is currently recommending a minimum up-front investment in two flexibly located residential-style EV chargers inside the Corporation Yard Warehouse.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Request additional information or analysis of alternatives from staff, including authorizing procurement of fewer new vehicles.

Financial Impact
The fund balance of the Vehicle Replacement Fund (603) would decrease by $275,000- $285,000 in Fiscal Year 2025 and annual transfers for the replacement vehicles would increase commensurate with inflationary assumptions for new vehicle costs. The Fiscal Year 2025 budget for Water Department Operations (510) would increase by $7,500 (the cost of one EV charger + required electrical upgrades). The Fiscal Year 2025 budget for Public Works Administration (100-43020) would increase by $7,500 (the cost of one EV charger + required electrical upgrades).

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Fairfield Ford Lightning Pro Quotes
Sonoma Chevrolet Service Body Pickup 1 Quote
Sonoma Chevrolet Service Body Pickup 2 Quote
Agenda Item #7.4:

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City of Sonoma
RESOLUTION # _______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AGREEMENTS FOR TWO NEW 2024 FORD LIGHTNING PRO ELECTRIC PICKUP TRUCKS AND TWO NEW 2024 CHEVY SILVERADO HD SERVICE BODY PICKUP TRUCKS IN AN AMOUNT NOT TO EXCEED $285,000 AND TO APPROVE A FY 24/25 BUDGET ADJUSTMENT IN THE AMOUNT OF $285,000 FOR THE PURCHASE OF THE NEW VEHICLES AND AN ADDITIONAL $15,000 FOR INSTALLATION OF TWO NEW ELECTRIC

VEHICLE CHARGING PLUGS AT THE PUBLIC WORKS CORPORATION YARD WHEREAS, the City of Sonoma has a fleet of 71 active vehicles and equipment, and this fleet includes: fire apparatus, ambulances, passenger vehicles, trucks, tractors, generators, trailers, and a variety of specialized equipment (e.g. ride-on mowers, wood chippers, asphalt rollers, and forklifts); and
WHEREAS, when fleet vehicles and equipment reach the end of their service life or no longer satisfy minimum operational requirements, they are replaced with consideration of the City's current and forecast operational needs, service-level standards, and newly-available technologies; and WHEREAS, City staff in the Public Works Department have identified two pickup trucks in the fleet that have reached the end of their service life and can be replaced with fully electric pickup trucks without reducing operational capabilities or emergency preparedness; and WHEREAS, switching to fully battery electric pickup trucks where feasible is an opportunity for the City of Sonoma to implement its adopted Climate Action Strategies and Environmentally Preferrable Procurement Policy; and
WHEREAS, City staff in the Public Works Department have also identified two pickup trucks in the fleet that should be upgraded to more-capable service body pickups to more effectively achieve desired service levels and efficiently match trained personnel with fully-equipped service-body vehicles; and
WHEREAS, the two new fully-electric pickup trucks require chargers and staff recommends a minimum up-front investment in two flexibly-located residential-style EV chargers inside the Corporation Yard Warehouse until a more comprehensive electric-vehicle fleet program is established; and
WHEREAS, the installation of EV Charging at City Facilities is also consistent with the City’s adopted Climate Action Strategies.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby resolves the following:

1. Authorizes the City Manager to execute purchase agreements for two new 2024 Ford Lightning Pro electric pickup trucks and two new 2024 Chevy Silverado HD service body pickup trucks in an amount not to exceed $285,000; and

2. Approve a FY 24/25 budget adjustment in the amount of $285,000 to the Vehicle Replacement Fund (603) for the purchase of the new vehicles and an additional $15,000 for installation of two new electric vehicle charging plugs at the public works corporation yard, to be split evenly between the General Fund (100-43020) and the Water Operations Fund (510).

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 4th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

Agenda Item #7.4:

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ABSTAIN:
_____________________________________
John Gurney, Mayor
ATTEST:
____________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:

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Item Amount Item Amount
Selling Price 49,063.00 CITY OF SONOMA 5,790.06
DOCUMENT FEE 85.00 TIRE TAX 8.75
ELECT FILING FEE 33.00 Comm. Body Upfit 15,186.00
Ok
APR Finance Chg Amt Financed Total Payments Tot Sale Price .000 .00 70,165.81 70,165.81 70,165.81
1 70,165.81
Beginning 08/28/24
Total Down .00
Payments of
Buyer
Trades
PDI
Summary
Commissions
Forms
Disclosure
Stock # 6240110

CITY OF SONOMA
County:

Business Office
1 THE PLAZA, SONOMA, CA, 95476
Home: (707) 975-0855 Cell:

Email:
   
1GB2WLE73RF303786
N 24 CHEVROLET SILVERADO
Recap
SONOMA
Deal
8/28/24, 10:40 AM SI1-Deals
https://www.dealertrackdms.app.coxautoinc.com/profound 1/1 Agenda Item #7.4:

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Item Amount Item Amount
Selling Price 49,063.00 CITY OF SONOMA 6,492.75
DOCUMENT FEE 85.00 TIRE TAX 8.75
ELECT FILING FEE 33.00 Misc. Accessories 7,807.64
Comm. Body Upfit 15,186.00
Ok
APR Finance Chg Amt Financed Total Payments Tot Sale Price .000 .00 78,676.14 78,676.14 78,676.14
1 78,676.14
Beginning 08/28/24
Total Down .00
Payments of
Buyer
Trades
PDI
Summary
Commissions
Forms
Disclosure
Stock # 6240156

CITY OF SONOMA
County:

Business Office
1 THE PLAZA, SONOMA, CA, 95476
Home: (707) 975-0855 Cell:

Email:
   
1GB2WLE77RF352974
N 24 CHEVROLET SILVERADO
Recap
SONOMA
Deal
8/28/24, 10:41 AM SI1-Deals
https://www.dealertrackdms.app.coxautoinc.com/profound 1/1 Agenda Item #7.4:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Fire
Staff Contact
Steve Akre, Fire Chief
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Purchase Agreement with Republic EVS for a New 2024 Ford E-450 Custom Type III Ambulance Summary
The City has received a quote from Republic EVS for the purchase of a new 2024 Ford E-450 Custom Type III ambulance to be utilized as M302, a recently added front line ambulance.

We will then surplus a 2004 reserve ambulance.

This vendor provided the build that will remain consistent with the make and model of previous units. This unit will run 4 years as front line and then be placed into backup status. As with past ambulances, funding for this unit has been placed in the Vehicle Replacement Fund through annual contributions. This year’s budget included an allocation of $300,000 for the replacement of this vehicle. The total cost of the vehicle including radios is $296,058.16 Recommended Council Action
Adopt the resolution.

Alternative Actions
Council discretion.

Financial Impact
The total cost to the city for this purchase is $296,058.16 and there was $300,000 allocated in the Vehicle Replacement Fund in the current year's budget.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Ambulance Purchase
Republic EVS Offer Letter
Republic EVS Work Order
Republic EVS Ambulance Quote
Agenda Item #7.5:

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City of Sonoma
RESOLUTION #______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH REPUBLIC EVS FOR A NEW 2024 FORD E-450 CUSTOM TYPE III AMBULANCE
WHEREAS, the SVFD has a 2004 reserve ambulance that is past time to be in service and is ready to be surplused; and
WHEREAS, the City has received a quote from Republic EVS for the purchase of a new 2024 Ford E-450 Custom Type III Ambulance; and
WHEREAS, the total cost to the City is $296,058.16; and WHEREAS, the City has made annual contributions to the Vehicle Replacement Fund (603) for this ambulance’s replacement and $300,000 was allocated for the purchase of this vehicle in the FY 24/25 budget.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma that the City Manager is authorized to execute the contract with Republic EVS for the purchase of a new 2024 Ford E-450 Custom Type III Ambulance.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City of Sonoma City Council this 4th day of September 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John Gurney, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:

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Qty Price Each Extended Price
1 $254,721.00 $254,721.00
1 $22,924.89 $22,924.89
1 $50.00 $50.00
1 $12.25 $12.25
1 $277,708.14 $277,708.14
Sonoma Valley Fire District
7/24/2024
Signature Date
Printed Name
Title
Offer and Purchase Agreement for: Sonoma Valley Fire District Republic EVS
Signature below represents acceptance of above contract and terms:

Date Offered: July 24, 2024
Two Hundred Seventy Seven Thousand Seven Hundred Eight Dollars and Fourteen Cents $277,708.14
One (1) Medix Specialty Vehicles Type III MSV 170" on
2024 Ford E-450 4 x 2 Gasoline Powered Chassis, Cutaway Van
Tax (Based on a Rate of 9%)
DMV Fee
Tire Fee
Offer is based off of build quote as well as reference drawings if applicable. A final engineered build quote for customer review and approval will be provided prior to ambulance construction. Any changes requested from a pre build meeting may result in additional charges. 7/24/2024
Signature Date
Garett Adelman
Printed Name
Director of Sales
Title
One (1) Medix Specialty Vehicles Type III MSV 170" on 2024 Ford E-450 4 x 2 Gasoline Powered Chassis, Cutaway Van
All prices are quoted to included Government Factory Rebates. Rebates are subject to change. If the current Rebate amount changes or becomes unavailable. The difference per vehicle will be invoiced to the Purchaser. Pricing is subject to change if additional options are requested.

Description
Total Purchase Price
Payment Terms: 100% payment of the contract is due at time of delivery unless otherwise specified in writing. Title for the ambulance will be delivered in Seven (7) business days or less once payment has processed through the financial institution.

Delivery Terms: Delivery shall be 180 days or less after Receipt of Chassis as well as approved work order and production drawing if applicable. F.O.B. shall be Sonoma, CA.

Chassis VIN Number(s): To Be Determined After Production Start Date Republic EVS
12410 Clark St.

Santa Fe Springs, CA 90670
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RepublicEVS Received 10/17/2022
Sonoma Valley Fire District Sent for Approval
630 2nd Street West Rec'd Approved
Sonoma, CA 95476 Scheduled
Bob Norrbom GPC Number: QX861
[email protected]
7079962102
Brandon Grenert
Becky Isza
To be assigned by MEDIX Form Revised 3/16/2022
2024
Type III-AD 170- MSV II
Ford E-450 XL Cutaway, 7.3L Gas, 158" WB, 14,500 GVWR
170"L x 96"W x 72" Interior Headroom

QTY STD/OPT
1 16-M2-FG
1 99-2925
01-
1 99-2285
1 STD
1 STD
1 STD
1 100010
02-
Note Weld
Shop
1 STD
1 STD
1 DEL
1 99-1220
1 STD
1 STD
DELETE STANDARD Camera System: RVS Systems RVS-MV3619N-NM-02- Includes (1) 7" rear view mirror monitor, Surface Mount back-up camera and (1) 33' camera cable.

Locate: (1) Camera mounted off lower RH corner of center rear Amber light; Monitor mounted on cab windshield rear view mirror.
(3) Camera System: ASA Electronics / Voyager Traffic Monitor System- (1) Back-up camera, (2) rear-facing Fender-mounted cameras with VOM73MM - 7" Rear View Mirror Color Monitor, (1) CEC34 - 32ft. cable and (2) CEC25 - 25ft. cables. Locate: Rear Camera centered; Fender Cameras each side.

All Exterior compartments coated with light gray colored rubberized polyurethane material.

Walk-through w/Sliding Door. Slides behind driver's seat Body & Chassis
See front wall for light and opticom locations.

See rear wall for light and Traffic Advisor locations.

See roof print for rootop condenser location and backer plate for drug box in cabinet over ALS.

This chassis is equipped with a Gasoline Exhaust System to meet the EPA standards for Gasoline exhaust emissions
Anti-Theft Device: IdleLock Ignition Security System, for Ford E Series Chassis Only. Locate activation button to the right side of the steering wheel.

Cabinets: Laminate, GREY PAMPAS, ILOS
Upholstery: (Specify Color & compare to std. countertop color) Color: BLACK Brand: EVS
EVS Cushions & Corner Padding
Flooring: Lonseal- LonCoin (Raised Circles)
Specify Color: Onyx 150TS
Flooring & Interior Colors

CHASSIS
BODY
Customer Phone #:

Sales Associate:

Sales Engineer:

VIN#:

Chassis Model Yr
MEDIX Model
Customer Email:

DEALER:

CUSTOMER:

Street or P.O. Box
City, State, Zip
Customer Contact:

Description
Chassis & Conversion
Chassis: Wheels, Powder Coated OEM Chassis Wheels on E350/E450. Vendor (Carter Tire) to dismount all OEM wheel/tire assemblies and send the wheels, along with the spare tire wheel, out to be powder coated. Vendor will then remount, balance and replace the tire/ wheel assemblies on the original chassis.

NOTE: ONLY Color offered is BLACK
Unit #:
22-M433
7/24/2024 2:49 PM Page 1 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

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1 99-2290
1 99-0449
1 99-3467
1 99-0423
1 STD
1 MODIFIED
1 99-3457
1 99-3458
1 200280a
2 STD
1 99-0588
Compartment #2: Divider, (1) Smooth Aluminum with DA finish, vertically installed in Compartment #2 - 12" from right hand wall. Install (1) narrow adjustable shelf with DA finish to the right of the divider. Divider PN: 76-118508. Shelf PN: 75-118509.

NOTE: MSV-II 170 Type Only.

Compartment #3: SS rear, 3/4 Height, Smooth Aluminum body. Will have backer plate installed on back/inboard wall for equipment to be mounted in the upper half of this compartment. Will have (1) full width adjustable shelf with DA finish in lower section. (DELETE the standard Inside/Outside access and the standard adjustable shelf.) Door with gas strut hold-open. Sealed access to paddle handle in door panel, Stainless steel sill protector. There are no offsets in this compartment. See special tub print: #77-118380.

NOTE: MSV-II 170 Type III Only.

Shelf: Adjustable, Smooth Aluminum with DA finish, Exterior Compartment.

Specify Location: Lower section of compt. #3, total of two shelves in #3.

NOTE: MSV-II Models Only.

Rear Entry Doors: Dual door system w/exterior/interior, locking paddle handles; fixed glass windows and Cast Grabber hold-opens. Sealed access to paddle handles in door panels. Stainless steel sill protector. Two-piece interior door panel.

Sharps/Waste: Bio Hazard, Sharps and Waste alternative locations, small bracket - 3.5"x3.5" drop in sharps bracket PN: 33-10-2010; Standard size waste container bracket PN: 33- 102009.

LOCATE: Sharps on street side door and Trash on Curbside door.

Chassis: Air Horns, Buell Air Horns. (1) Additional 3 Gallon Air Reservoir NOTE: Must order the Buell "Fast Recovery" compressor package. The supplemental reservoir is not compatible with the standard compressor.

Chassis: Air Horns- Install aluminum cover, DA finish, with ventilation holes to protect a Fast Recovery air compressor (separate option) when mounted on the floor, left side of the compartment. Cover to have a cut-out that will incorporate a Positron ON/OFF rocker switch that will disconnect the air compressor. Mount switch at the top of the compartment.

NOTE: MSV-II 170, MSV-II 157, ME-166 and ME-153 Models
Lights: Compartment, TecNiq Flexible LEDs: 9", 27", 36" 45", 54", ILOS compartment lights.

Locate: Compartment #1- (1) 45" E44-W010V-1
Locate: Compartment #2- (2) 27" E44-W06V-1
Locate: Compartment #3- (2) 45" E44-W010V-1
Locate: Compartment #4- (1) 36" E44-W08V-1
Locate: Compartment #6- (2) 54" E44-W012V-1
Locate: Compartment #7- (1) 9" E44-W02V-1 (if ordered)
Compartment #1 SS Forward: Smooth Aluminum body, O2 Universal "M" or "H" cylinder storage for STEEL tank, Door w/gas strut hold-open, Sealed access to paddle handle in door panel.

Stainless steel sill protector.

Compartment #2 SS Center: Smooth Aluminum body, Open Storage, Double doors w/Straps.

Sealed access to paddle handles in door panel. Stainless steel sill protector.

NOTE: Inverter and Suction Pump will be installed in interior cabinet "E".

NOTE: Delete standard adjustable shelf.

DO NOT INSTALL GAS STRUT HOLD OPENS
Chassis: Air Horns, Buell dual horns, (1) 10" and (1) 12" to be mounted through the front bumper. There will be a momentary switch on the front console. A Buell "Fast Recovery System" air compressor to be mounted in compartment #2 with the tank mounted under the body.

NOTE: Type III Ford E-Series Only.

Locate Compressor on floor, left hand side per 21-M399. 7/24/2024 2:49 PM Page 2 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

Page 42 of 280 ends

1 STD
1 STD
1 STD
1 STD
1 STD
1 99-0250-2
1 STD
1 200200MSV
1 99-2108
1 STD
2 STD
3 STD
4 STD
1 Modified
for toweyes
1 99-1776-EM
1 STD
2 STD
1 99-0283
1 STD
1 STD
1 STD
1 STD
1 STD
1 STD
03- Brake, Turn & Back-Up Lights
Fuel Fill Scuff Plate: Stainless steel, below fuel fill bezel Insulation: Pink, double sided radiant barrier/acoustic material, installed on curbside and streetside rear wheel wells.

Insulation: Spray in place foam applied to curbside entry step well and both rear wheel wells Undercoating: Per QVM Guidelines
Rub Rails: C-Channel, tapered ends, Lower Body off-set mount with neoprene spacers.

Running Boards: Aluminum diamond plate w/splash guards.

Lights: Courtesy, (2) Whelen 2" T0CACCCR with TGROM2 rubber grommet, mounted on the front wall of the module above the running boards on each side of the chassis.

NOTE: Type III Modular Conversions Only.

NOTE: Lights to time out with battery timer.

Fender Flares: Rolled Stainless Steel
Fuel Fill: Cast aluminum fuel fill bezel.

IV Hangers: (2) Cast black rubber fold-down over knee area of Cot and Squad Bench Mirrors, OEM: (1) each cab door, (1) on interior windshield Stone Guards: lower body corners, ADP
Kick Plate, Rear: ADP, below rear doors across to corner posts.

Tow Eyes: Frame-Mounted Through Rear Kick Plate, Ford E-450 96"W Cutaway. PNs:

K2032WN, BC0013 and PN: 34-10-5445 frame plate and PN: 33-10-5446 kickplate per chassis.

NOTE: Ford E-450 MSV-II 170 Model Only.

Compartment #6: Shelf, Adjustable, (2) Smooth Aluminum shelves with DA finish and front and rear upturned lips mounted forward of the backboard divider and 42" above the floor in the compartment. 19.5''x9.63''. Shelf PN: 33-10-0787
NOTE: MSV-II 170 Models Only.

All Entry Door paddle handle and rotary latching components will include emergency door releases located top and bottom of each door and shall meet the FMVSS 206 30G Test Requirement Power Door Locks: All Entry and Compartment Doors, wired to OEM door lock system.

Includes (1) switch by Curbside Entry Door interior in standard 4-position switch panel and (1) at Rear Curbside Wall - MSV II ONLY
Power Door Locks: Stealth Switch, Power Door Lock System, Push Button Switch LOCATION: attached to aluminum plate at bottom of rear corner cap on streetside. See print for plate: 33-105600
Rear Bumper: ADP corner pods w/Dock bumper pads, Center grip-strut flip-up step, powder coated steel frame
Compartment #4/5 CS Forward: NO body above floor, ALS Cabinet w/Inside/Outside access, Full height, single Door w/gas strut hold-open. Bottom section aluminum body with sealed access panel for single battery on roll out tray (or with optional roll-out battery tray for (2) batteries-See Electrical Section), latching door. Sealed access to paddle handle in door panel. Stainless steel sill protector.

Curbside Entry Door: Single door system w/exterior/interior, locking paddle handles; window w/fixed glass; Gas strut hold-open. Sealed access to paddle handles in door panel. LED Step well light. Stainless steel sill protector. Two-piece interior door panel.

Curbside Entry Door Stepwell: One-piece construction; (1) .125" smooth aluminum welded into door opening coated with rubberized urethane coating material. Stainless steel threshold trim. DriDek insert on floor.

Compartment #6 CS Rear: Smooth Aluminum body, Vertical backboard storage w/(2) seat belts restraints (1) in upper Backboard section, (1) lower across Backboard and Stair Chair Section. Door w/gas strut hold-open. Sealed access to paddle handles in door panel, Stainless steel sill protector.

Divider: Aluminum w/DA finish, vertical in back Board Compartment Locate: Compartment #6 - standard location
7/24/2024 2:49 PM Page 3 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

Page 43 of 280 ends

1 STD
1 STD
1 300100
04-
1 STD
2 STD
1 99-0142
1 Modified
1 99-3459
2 99-3512
1 99-1957
1 99-0747
1 99-2513
Console: Custom, removable aluminum siren plate PN: 90-118519 for optional Traffic Advisor control head (see option below for Traffic Advisor). Control head will be positioned towards the passenger, far right, in plate.

NOTE: This removable plate has a specific cut-out for control head only and will replace the standard blank removable plate.

NOTE: Type III Ford E-Series only
(NOTE: Space in this panel towards the driver will be used for radio head install by customer after delivery.)
Electrical: USB Port, Positron MX09336 dual port USB-C & USB-A power outlet with waterproof cover. Requires drilling round hole. (no mounting bezel required, does not work with curbside wall or switch panels)
LOCATION: (1) each side of console up high.

Electrical: Prewire, (1) 8AWG - 12VDC ignition, power and ground from battery to a Blue Sea PN: 5032 ST Blade Split Buss "12" Fuse block – two isolated groups of six circuit fuses with cover for "Battery Hot" and "Ignition Hot" wiring.

Locate: In Console
Antenna: (2) 25' Coax with 3/8" through-hole antenna bases prewired to roof ILOS (2) Std coaxial cables; NOTE: MEDIX to cut holes in mod roof above domes and install bases.

Locate: Run (1) above Dome #3 and terminate at front console; Run (1) above Dome #4 and terminate at Action Area. Terminate standard power/ground wires for both at each location.

NOTE: Modular Units Only.

NOTE: Make sure to run one power wire ignition hot and one battery hot terminating to both Front Console and Action Area.

Electrical: 12VDC, 12 gauge ignition, battery power & ground. IATS Terminate Location(s): Cabinet "E"
Electrical, Power Distribution, Control Center & Interior Lighting Battery Switch, Automatic: TST CDR-400. Located in Electrical Cabinet.

Batteries: OEM
Locate: (1) Under hood, (1) In roll-out tray in Compartment #4/5 Electrical: Battery System, (1) Additional, 750 C.C.A. with Dual Roll-out Tray and Emergency Start Switch.

Locate: In dual battery tray in sealed compartment below ALS. The standard battery under the hood is to be isolated as "Chassis Only" battery. The (2) batteries in the roll-out tray are to be "Conversion Only". There will be a switch in front console labeled "Emerg Start" PN:MX09128. Requires 200-amp continuous duty solenoid and isolator, Power Engineering PST-SBI-3112.

NOTE: Ford E Series Type III Only.

Front Console/ Switch Panel: Formed Aluminum body powder coated black and attached to chassis floor. Switch panel: Engraved black plastic with LED lighted switches for Emergency Master, Primary/Secondary Modes, Siren/Horn, Left, Rear and Right Floods, Back-Up Alarm, Module Disconnect. Siren mounted in engraved panel below switches.

NOTE: Traffic Advisor control head will be mounted in the special removable panel, towards the passenger side, see option below.

Lights: DOT, Brake/Tail, Turn, Back Up: Whelen 600 Series LED.

DOT Marker Lights: TecNiq LED, rubber grommet bezels; (7) S34-AC09-1 Amber- (5) on front of body as Marker lights, (2) side facing on rear extrusions as Turn Signals; (7) S34-RC90-1 Red- (5) on rear of Body as Marker lights, (2) side facing as Turn Signals.

Lights: DOT, Brake and Turn, Interior, LED, Under rear overhead cabinet, Two (2) CPI amber marker style wired to turn signals; One (1) CPI red marker style wired to brake circuit. 7/24/2024 2:49 PM Page 4 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

Page 44 of 280 ends

1 99-3263
11 STD
1 STD
1 STD
1 99-0622
Modified
for cover
color-see
option
below
1 99-3460
1 STD
1 99-0550-M
1 400160
1 99-1955
1 400150
1 STD
2 STD
1 400020
2 STD
1 400100 Electrical: 125VAC, Duplex Outlet, IATS
Specify Location(s): Left end of extended action area
Electrical: Battery Charger, DELETE STANDARD (when adding Inverter with integral charger) Breaker Box: 125 VAC w/20-Amp Breaker located behind the driver's seat base. GFI receptacle located on the Action Area wall.
12 VDC Outlets: (1) in Action Area, (1) in ALS Cabinet
Electrical: 12VDC, Receptacle, Cigar style. IATS
Location(s): Left end of extended action area
125 VAC Outlets: Duplex, located (1) in Action Area, (1) in ALS Electrical: Shoreline, 125VAC, 30-Amp, Kussmaul SUPER Auto Eject weatherproof cover to be RED, ILOS Yellow.

Switch, Momentary Disable: For Scene/Load Lights. (1) Located on Curbside Wall in 4-position panel. (1) Located on Rear Curbside wall in standardized position, no bezel required, vertical S.S. trim is punched for switch.

Switching: Timer, Momentary 15-Minute timer switch for patient compartment dome lights.

Locate switch in Positron switch panel in standard position on curbside wall. (PNs: MX09150 switch, MX09151 Timer)
NOTE: MSV-II Models Only
Inverter: Vanner LSC12-1100- 1100watt with 3-Stage 55Amp battery charger, 20Amp power supply and built in GFI. Remote controlled with switch in the rear switch panel. (This option deletes the GFI in the A/A wall). ILOS NOTE: OPTION 99-1955 IS REQUIRED WHEN ANY INVERTER IS MOUNTED IN ANY BULKHEAD or INTERIOR ENCLOSED CABINET. OPTION 99- 2899 DUAL FANS REQUIRED ON RP-90ES and 150 MODELS.

Location: Cabinet "E"
Fan: Ventilation. (1) Mechantronics Fan Axial 120x25MM 12VDC fan PN: E1225E12AB-FSR mounted on cabinet door or side wall when any inverter is mounted in an interior, enclosed cabinet.

HAAS Alert System: Purchase and install a Model HA5 Responder-to-vehicle R2V collision avoidance system provided on the apparatus. The HA5 cellular transponder module will be installed on the dashboard, as near to the center as practical, to allow clear visibility to the sky. The module dimensions are 5.40" long x 2.70" wide x 1.30" high, and operating temperature range is -40 degree F to 185 degree F.

The transponder will be connected to the vehicle's emergency master circuit and battery direct power and ground.

While responding with emergency lights on, the HA5 transponder sends alert messages via cellular network to motorists in the vicinity of the responding truck that are equipped with the WAZE app.

While on scene with emergency lights on, the HA5 transponder sends road hazard alerts to motorists in the vicinity of the truck that are equipped with the WAZE app.

NOTE: This option for Mods only that have an existing, removable dash panel on top. (A different option is required if the dash needs to be removed for install-review with Medix prior to quoting).

Dome Lights: LED w/flange, 2-banks of four (4) lights switched separately with Hi/Lo functions; 1- bank of three (3) lights centered over cot, switched separately with Hi/Lo functions.

Action Area Light: 12 VDC LED light with On/Off switch on rear control panel USB Port: Vanner VSS-USB dual port 2Amp mounted on A/A wall Electrical: Shoreline, 125VAC, 30-amp, Kussmaul SUPER Auto Eject P/N: 091-159-30-120 side wired with hinged, RED, weatherproof cover, located above Compartment #2 on Streetside.

Mount on a Kussmaul Stainless Steel E-Z mounting plate P/N: 091-159-081-120 with green indicator light for ease of access. Mating connector to be shipped loose. ILOS 7/24/2024 2:49 PM Page 5 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

Page 45 of 280 ends

1 MODIFIED
1 99-0742
1 99-2695
1 99-2691
1 99-2692
1 99-2693
1 STD
15 99-0661
1 99-2078
1 99-1402
1 99-2460
05-
1 STD
Lighting: Cabinet, (1) TecNiq E44-B08V-1 Flexible LEDs, BLUE - 36" for ALS cabinet - to be wired to the interior cabinet light switch and tied in with other cabinet light options. NOTE:

This LED is in addition to the exterior compartment lights.

Locate: Right side of ALS.

Electrical: Clock, Marathon CL030062BK Slim-Jumbo Atomic Digital wall clock installed on cabinet over rear doors. Self-setting/Adjusting, 12 or 24 hour format. (Order with mounting plate)
Warning Lights & Sirens
Lights: Warning, Whelen LED EMERGENCY Lighting Package- Ford, Chevy Type I and Type III- Models ONLY.

NOTE: Does not include LED Scene Lights.

Switching: (2) ON/ON 3-Way switches (PN: MX09288) for Inverter Operation, located (1) in the existing action area Positron switch panel ILOS inverter switch and (1) in the optional Positron switch panel (separate option) located at the head of the squad bench on the curbside wall IATS.

NOTE: Mods Only.

Switching: (4) ON/ON 3-Way switches. (2) right dome switches PN: MX09291 located (1) in standard rear switch panel ILOS and (1) in the optional Positron switch panel (separate option) located at the head of the squad bench on the curbside wall IATS. (2) left dome switches PN: MX09292 located (1) in standard rear switch panel ILOS and (1) in the optional Positron switch panel (separate option) located at the head of the squad bench on the curbside wall IATS.

NOTE: A-Line Mods Only.

Electrical Cabinet: Located over pass-through with latching, recessed, vented door Lighting: Cabinet, (1) TecNiq D04-B001-1 Linear Dragon Light Vertical, Blue LED with white case (D04-0WV0-1), 36" wire. Will have Rocker On/Off Switch in Rear Panel, labeled "Cabinet Lights" (MX09188) - operates all at same time. Price per light. Locate LEDs just inside front top corner of each cabinet. NOT ON BACK WALL.

Cabinet Locations: (2) in cabinet A, (2) in cabinet B1, (2) in cabinet B2, (1) in cabinet F, (2) in cabinet G, (1) in cabinet D, (1) in cabinet E, (1) in each squad bench overhead section, (1) in each rear overhead section.

Lighting: Cabinet, (1) TecNiq E44-B04V-1 Flexible LEDs, BLUE - 18" for cabinet - to be wired to the interior cabinet light switch and tied to other cabinet LEDs.

Locate: Right side of cabinet over ALS
Rear Switch Panel: Engraved black plastic panel with (10) LED lighted switch positions for 3-Way Dome Lights (2), Vacuum (1), 3-Way Vent (1), A.A. Light (1), 3-Way Inverter (1), Spare switches, and digital clock w/Mode Buttons. MX01517.

Note: Replace rear switch panel switches for Dome Lighting, Inverter and Power Vent - they are to be 3-Way switches with the curbside panel option, see below.

Electrical: USB Port, Vanner VSS-USB Flush Mount (2) port USB Receptacle.. IATS LOCATION: Action Area
Switch Panels: Rear, (8) Switch control panel with two rows of four blanks, available to use with other switch options, IATS. Locate on curbside wall over head of bench per print. Order PN: MX01632. Note: Mod Only.

NOTE: This panel is blank and will require additional switches from separate options in order.

NOTE: This panel will include switches from separate options in order that add in power door locks, (2) 3-way domes lights, 3-way vent and 3-way inverter. Switching: (2) ON/ON 3-Way power vent switches PN: MX09290 switches labeled VENT for the power vent operation. Locate (1) in the existing action area Positron switch panel ILOS and (1) in the optional Positron switch panel (separate option) location on the curbside wall IATS.

Note: Mods Only.
7/24/2024 2:49 PM Page 6 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

Page 46 of 280 ends

1 99-3080
2 STD
4 500127
2 99-0282
1 STD
2 STD
1 STD
1 99-0706
1 99-1377
06-
2 Modified
1 600100
1 STD
1 Modified
1 STD
1 STD
07-
1 99-3366
HVAC System: Valeo PN: 11148503A High capacity, horizontal blow combination Heat-AC system with roof mounted single core condenser Valeo PN: 25067, an inline booster pump to enhance the rear heater performance and a Valeo digital thermostat control in Action Area.

Evaporator unit mounted above the ALS cabinet.

NOTE: Ford Type III E-350/E450 Models ONLY.

Suction Aspirator System: SSCOR disposable container mounted in recess below Action Area, w/SSCOR gauge on AA panel, and quick-connect in recessed area; SSCOR vacuum pump mounted in LOWER CABINET "E".

Oxygen Cylinder Retention: Universal for "M" or "H" cylinder, steel w/3-spring buckle straps and top collar, powder-coated Safety Yellow color- in Compartment #1.

O2 Regulator: Amvex, 50psi, pre-set
AC / Heat
Oxygen, Vacuum & Miscellaneous Items
Oxygen Outlets: Quick-connect style, (2) in Action Area, (DELETE STD (1) over Squad Bench Oxygen: O2 Outlets, Single OHMEDA Z-QD0101MO outlet, IATS Specify Location(s): Ceiling, std position
Electric Oxygen with manual bypass and switch on A/A panel Flasher: Dual mode flasher for Warning Light system, Vanner 9860GCPE Siren Speakers: Dual 100 Watt drivers mounted through the front bumper Siren: Whelen 295 SLSA1, 200 Watt
Opticom/Emitter: Warning, GTT 794H LED Opticom Emitter (Supplier P/N: 151-794H) with on/off switch PN: 39-10-9053 in front console. Must be wired to de-activate when the vehicle is in park/neutral.

Location: Face of ambulance, under center light
Light Bar: Traffic Advisor, Whelen TANF85 (8) Lamp Linear LED, 45.12" Long with TACTL5 control head and STA835 - 35' harness.

NOTE: On Rear wall above load lights and center amber.

NOTE: Locate Control head mounted in special console removable panel towards passenger side.

Brake, Turn & Back-Up Lights: Whelen 600 Series LEDs
Lights, Warning, Intersection Lights: (2) Whelen 700 Series Red Super-LEDs on Front Fenders; (2) Whelen 700 Series Red Super-LEDs above rear Wheel Wells- wired to Pri/Sec Modes Lights, Warning, Grille: LINZ6R Red LED w/clear lenses & chrome flanges on center grille bar Lights: Scene/Load, Whelen 900 Series Super-LED 9SC0ENZR Gradient Opti-Scenelight™ with chrome flange- ILOS Halogen
Specify Locations: (2) on each side
Lights: Scene/Load, Whelen 700 Series Super-LED® 70C0ENZR "surface mount" with chrome flange 7EFLANGE - ILOS 900 Series Halogen
Locate: rear wall above entry doors
All LED lights shall have CLEAR Lenses. All emergency and scene lighting shall have chrome flanges in standard locations.

Front of Body: Add (7) Whelen Super-LEDs- Specify pattern by LED Color (4) 9x7 Red, (2) 9x7 White and (1) 7x3 Red: R/W/R/R/R/W/R. Outer (2) lights flash on K-Spec flasher. Inner (4) flash independently on Light Bar switch on front console.

Lights: Warning, (1) Whelen 700 Series Red Super LED with clear lens 70R02FCR and chrome flange, ILOS 900 Series White Super LED and chrome flange.

NOTE: Center led changes due to GTT opticom located below it.

NOTE: This LED to STEADY BURN.

Sides of Body: (4) Whelen 900 Series Red Super-LEDs: (2) each side in upper corners Rear of Body: (4) Whelen 900 Series Red Super-LEDs: (2) in upper outboard corners, (2) MidBody wired as Warning/Brake at the window level; (1) Whelen 900 Series Amber Super-LED in the center position over the rear doors.
7/24/2024 2:49 PM Page 7 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

Page 47 of 280 ends

08-
1 STD
1 Modified
1 NEW
BO#
1 STD
1 Modified
per option
below
1 99-3466
1 99-0842
1 99-2373
STD
1 DEL
1 STD
1 Modified
Walk-Thru Cabinets: Upper cabinet- general storage with (1) hinged, LOCKING door and (1) LifeDefender latch on the door; Lower cabinet general storage with (1) hinged, non-locking door and (1) LifeDefender latch on the door.

Cabinets: Forward Action Area, recessed into A.A. wall. Cabinet to be full height of Action Area, 4.375" Deep and 12" wide with 1- fixed shelf at mid point, single 1/2" Acrylic door hinged on right hand side with (2) non-locking, 2" round Southco stainless steel latches. See Print 43-A11109 Rev A.

The A.A. overhead cabinet will require special print for Action Area panel.

Tie-Down Track: Aircraft style L-Track, (1) pieces 24" L, surface wall mount. NOTE: Does not include stud fitting with ring belts or securing devices.

LOCATION: Mount track in action area as far to the rear as possible and approximately 10" up from counter top.

ENG NOTE: MAKE SURE TRACK HAS BACKER PLATE TO ATTACH TO BEHIND ACTION AREA PANEL.

Countertop: 1st / 2nd action area - Corian material overhanging cabinet edge w/ accent color lips.
-Main color: Black
-Accent lip color: Grey
DELETE : Inside/Outside access to Compartment #3:

Front Bulkhead Cabinets: Electrical Cabinet located above Tech Seat w/round SouthCo latching, vented door; HVAC cabinet and filtered air return above cabin-module connection.

Cabinets: Main Cabinet Wall, Custom rear upper cabinet to be full height, full depth with (1) adjustable shelf. Extend the A/A countertop and A/A overhead rearward, add in a cabinet below the left end of the countertop with sliding polycarbonate doors and (1) adjustable shelf. Split the Action Area overhead into two cabinets with sliding polycarbonate doors.

Both overheads will have (1) adjustable shelf. See option above for additional 125VAC and 12VDC outlets at left end of A/A. Action Area must have a minmum clearance of 20" in height from the countertop to the bottom of the A/A overheads all the way across. There will be cabinet to the left of the action area with a hinged acrylic door and paddle latch, hinged on left side of door. This cabinet will have (1) adjustable shelf. Below this cabinet will be another storage cabinet with a solid door hinged on left with Life Defender Latch with Lock.

NOTE: MSVII Type III Models Only
Main Wall aisle-facing Cabinets will have (1) adjustable laminated wood shelf in each and sliding polycarbonate doors with full height extruded handles. Recessed cabinet for suction aspirator container. Stainless steel riser on lower face. See Prints for Configuration.

Action Area Overhead Cabinet: Single cabinet full-height/full-depth of Action Area with sliding polycarbonate doors and full height extruded handles.

EXTENDED Action Area and Switch Panel: Laminated, sealed countertop and vertical ALUMINUM panel with Suction system collection canister, (2) Oxygen outlets, (1) USB, (1) 12VDC Outlet, (1) 125VAC Outlet. Switch panel MX01517 includes (10) switch positions and digital clock w/Mode Buttons.

NOTE: SPECIAL CNC TO ALLOW FOR RADIO CABINET IN OPTION BELOW.

Note: Rear Switch panel Switches for Dome Lighting, O2 and Power Vents to be 3-Way switches with curbside switch panel see option in electrical section.

Cabinets: Action Area, Custom cabinet mounted below A/A overhead. The approximate EXTERIOR dimensions shall be 8"H x 5 ¼"D x 30"L. Cabinet to have removable, black powder coated aluminum access panel with cut-outs for the standard switch panel, (1) Elec.

O2 w/Bypass, (1) Digital Thermostat, (1) Rico suction gauge and (1) quick disconnect for the Rico suction system.

NOTE: MSV-II 170 Models Only
Cabinets, Hardware & Miscellaneous Items
Main Streetside Wall Cabinets: Specify desired configuration- Full Wall of Cabinets
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Page 48 of 280 ends

1 99-2183
1 800190
1 99-3468
2 99-0720
1 STD
1 99-3469
1 99-0546
1 STD
1 2
3 1 MODIFIED
1 STD
1 99-2777
1 STD
1 99-3070
Seat Base: EVS SB-2 Swivel Base for EVS Technician's Seat Cabinets: Inside/Outside Access, to Compartment #6 with single, hinged 1/2" Acrylic door with Eberhard two-point PADDLE style latch. Locate on LH, aisle side of Compartment #6 interior cabinet wall for access to shelves in Compartment #6.

NOTE: MSV II Models Only.
2) EVS Pro-4 seat belt system seating positions. The seat belt positions shall include a custom contoured seat back, a single click Pro-4 seat belt, custom pads on the upper straps for shoulder comfort, a custom retractor for securing a secondary patient and a heat embossed Medix LOGO at the heat area.

Stainless steel riser on lower face.

Sharps/Waste: Drop-in style w/Red polycarbonate hinged lid with standard containers, located at head of squad bench.

NOTE: Delete the Sharps round opening and make it square - Both openings will be Square.

Requires different CNC for lid.

Cabinet, Squad Bench Overhead: with (2) flip-up 1/2" Acrylic doors and Eberhard two point paddle latches with constant torque hinges.

Seating: EVS 1880 Child Safety Seat, (1) Technician's Seat MDX-1880S4B with 10º back. Rear facing automotive style seat to include a Pro-4 black belt system, comfort shoulder padding with heat embossed Medix LOGO at the head area of the backrest and the child safety seat system. -ILOS Pro-4 seat.

NOTE: Must specify seat base in separate line item.

NOTE: Medix Modular Models Only.

Glove Box Holders: (3) w/hinged, black .125" powder-coated steel door, above curbside entry door.

Squad Bench: Add Cabinet above head of bench, attached to the curbside wall. Cabinet to sit above the top of the bench in a location that the sharps/waste access lid will clear it.

Upper cabinet section will have one fixed shelf right below center and a hinged acrylic door with (1) SouthCo latch. Lower section to be open with pocket at bottom to hold contents.

Cabinet overall dimensions to be approx. 24" tall by 10" wide by 4" deep.

NOTE: MSVII Type III Models Only (Reference 21-M399 if needed) Cargo Net: Head of Squad Bench, bolted to taping plates in the floor, wall and ceiling. PN:

ZRS-NETMEX009-02-B.

NOTE: Type I / III ME166, RP-90, MSV II ONLY.

Squad Bench:

Full length hinged lid w/TriMark latch for access to interior storage; Full length upholstered seat cushion except over Sharps/Waste Area.

Lock: (1) LifeDefender CW-LOCKASSY-AH001 tumbler lock to work with LifeDefender cabinet door or drawer latch.

Specify Location(s): Upper cabinet "D"
Cabinets: Drug Box, Custom, Metal box with locking door mounted inside cabinet, see print 33-10-2124.

Must Specify Location: Cabinet above ALS, left side, hanging from ceiling.

ALS Cabinet: Delete standard slide-out drawer in ALS and combine middle and lower sections into one opening with (1) adjustable shelf, tall dual ½” Acrylic doors with nonlocking Eberhard two-point PADDLE style latches.

Cabinet Above ALS: Open storage w/dual 1/2" Acrylic doors w/non-locking two-point PADDLE latches, (1) adjustable shelf. ILOS configuration.

NOTE: MSV-II Type III Models Only.

Shelf: Plywood in interior cabinet IATS where there is an existing shelf.

Specify Location(s): ALS Cabinet-total of three (add floor covering to match floor if for MSV II ALS cabinet)
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Page 49 of 280 ends

1 99-1292-T1
1 STD
1 800057
3 STD
1 STD
3 STD
09-
1 99-0728
10-
1 1000084
1 99-2184
1 OPT
0 1000100
2 STD
2 99-2771
I have reviewed this Order and find it to be acceptable and ready to build.
_______________________________ Date: ________________
Dealer Signature

SHIP LOOSE
Fire Extinguisher: (2) 5 lb- Ship Loose is Standard
Tie-Down Track: (1) Single stud fitting with round ring- stainless steel release ring - PN: ZA1519 SSR. To be used with aircraft style tie down track. NOTE: Does not include track. Ship Loose.

TOTAL ORDER
Grayson Graphics to supply and install graphics package - see quote Roof Star ONLY, DELETED
Cot Mount: Install Customer supplied Stryker Power Load systems, ILOS.

Mounting Location: std. center position
Paint & Lettering
Paint: Type III, Body and Chassis, Custom Color
Color: Pierce 90 Red
Color Code: PPG 911659
Configuration: Paint body and chassis solid red.

NOTE: Requires Paint Color and Code Prior to submitting order. Paint spray samples must be approved prior to scheduling.

Windows: Privacy tint, dark vinyl applied to all three entry module entry door windows. PER CALIFORNIA ORDERS - TINT TO BE 3% OVER NORMAL TINTED WINDOWS ON MODULE ENTRY DOORS - TO BE "3% GRADE".

NOTE: Module application only.

Grab handles: 12" x 1.25" dia. stainless steel mounted on each rear entry and curbside entry door Reflective Striping, Door Open Protection: .50" Red reflective striping around interior door pan of all body doors.

Reflective Striping- Alternate Red/White chevron pattern on smooth aluminum kick panelmounted on each rear entry and curbside entry door Cots & Miscellaneous Items
Cabinets: Rear overhead, (2) hinge 1/2" Acrylic doors with (1) non-locking, 2" round Southco stainless steel latch and Austin constant torque hinges on each door. Configure (1) on each side of center mounted Clock, ILOS sliding polycarbonate doors.

NOTE: MSV II 170 Type I ONLY
NOTE: clock is Marathon brand in option above.

Assist Rail: overhead off-center toward Streetside of unit.

Assist Rail: 72" - 1.25" Stainless with radius ends, Over Squad Bench- IATS 7/24/2024 2:49 PM Page 10 of 10 Republic EVS- Sonoma Valley 22-M433 7.23.24 pre-con copy Agenda Item #7.5:

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Line # Item Number Description Quantity Unit List Price Ext. List Price Discount % Discount $ Unit Sale Price Ext. Sale Price APC Parametric Data APX™ 8000 Series
1 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODEL 3.5. 2 $7,774.00 $15,548.00 27.00% $2,098.98 $5,675.02 $11,350.04 0579 1a Q806CB ADD: ASTRO DIGITAL CAI OPERATION. 2 $567.00 $1,134.00 27.00% $153.09 $413.91 $827.82 0579 1b Q667BB
ADD: ADP ONLY (NON-P25 CAP
COMPLIANT) (US ONLY). 2 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 0579 1c QA02006AC ENH: APX8000XE RUGGED RADIO. 2 $880.00 $1,760.00 27.00% $237.60 $642.40 $1,284.80 0579 1d QA05507AA DEL: DELETE 7/800 MHZ BAND. 2 -$800.00 -$1,600.00 27.00% -$216.00 -$584.00 -$1,168.00 0579 1e Q53AF
ADD: FRONT PANEL PROGRAMMING &
CLONING. 2 $165.00 $330.00 27.00% $44.55 $120.45 $240.90 0579 1f Q887AU ADD: 5Y ESSENTIAL SERVICE. 2 $306.00 $612.00 0.00% $0.00 $306.00 $612.00 0185 1g QA09007AA ADD: OUT OF THE BOX WIFI PROVISIONING. 2 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 0579 1h QA09001AB ADD: WIFI CAPABILITY. 2 $330.00 $660.00 27.00% $89.10 $240.90 $481.80 0579 1i H35BT ADD: CONVENTIONAL OPERATION. 2 $880.00 $1,760.00 27.00% $237.60 $642.40 $1,284.80 0579 1j QA09113AB ADD: BASELINE RELEASE SW. 2 $0.00 $0.00 0.00% $0.00 $0.00 $0.00 0579 1k QA01427AG ALT: APX8000/XE HOUSING GREEN. 2 $28.00 $56.00 27.00% $7.56 $20.44 $40.88 0579 Standalone Items
2 NNTN7624C CHARGER,CHR IMP VEH EXT NA/EU KIT. 2 $509.76 $1,019.52 20.01% $102.00 $407.76 $815.52 0785 3 PMMN4106D

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,XE500 REMOTE SPKR MIC

WITH CHANNEL KNOB, HIGH IMPACT
GREEN. 2 $665.28 $1,330.56 20.01% $133.12 $532.16 $1,064.32 0372 Net Total $16,834.88
Estimated Tax $1,515.14
Estimated Freight $0.00
Grand Total $18,350.02
Terms and Conditions: Net 30 days
SONOMA CA, 95476 Contract Name: 36273 - SOURCEWELL 042021-MOT [email protected] 408-640-9861
Customer: SONOMA VALLEY FIRE DISTRICT Currency: USD
Contact Name: Gary Johnson
Contact Email: [email protected]
Contact Phone: 7079332306
SONOMA VALLEY FIRE DISTRICT Quote Date: 2024-08-12 Jim Trevino 630 2ND ST W Expiration Date: 2024-10-11 Motorola Manufacture Representative Quote Number: QUOTE-2748777
Billing Address: Quote Created By:

Agenda Item #7.5:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Finance
Staff Contact
Prapti Aryal, Finance Director, Rebekah Barr,
MMC, City Clerk
Agenda Item Title
Adopt a Resolution Confirming Signatories on City of Sonoma Financial Institution Accounts, Authorizing the Finance Director to Make Transfers Between Accounts, Including Money Market and Investment Accounts, and Amending Signature Requirements to Allow for Electronic Signatures
Summary
The Government Code (40602) authorizes the Mayor to sign all warrants, and by ordinance and subsequent resolution, the City Council authorized certain staff to sign checks via Chapter 2.08.260 and 2.08.2700 of the Municipal Code and Resolution #67-2023.

In keeping with internal control guidelines, there should be a separation of duties between staff who prepare the financial instruments and authorized staff who approve them. For example, invoices are originally reviewed by the department supervisor or manager and then the appropriate Department Head for correct coding to the general ledger. Once this process is complete, they are sent to Finance to be processed. In Finance, vouchers are entered into the City’s financial accounting system and reviewed for proper coding and budget availability, after which checks are created for execution. No member of the Finance Department, including the Finance Director, is authorized to sign checks to preserve separation of duties and proper internal controls. The same separation holds true for the approval of wire transfers for payments or ACH submittals (i.e. payroll).

In an effort to streamline operations, reduce costs, and enhance security, many public and private organizations have transitioned to using electronic signatures for official documents, including financial instruments.

Per the current resolution, Resolution #67-2023, in the City of Sonoma two signatures are required for checks, one of which is required to be a physical wet signature. This can be challenging due to proximity or staff being out of the office. To streamline the process, while maintaining the same security levels, City Staff proposes adopting the procedure of utilizing electronic signatures for City checks and other financial documents. This move is supported by California's Uniform Electronic Transactions Act (UETA), which grants electronic signatures the same legal validity as handwritten signatures, provided proper security measures are in place. The City's current accounting solution, Springbrook, meets the UETA requirements.

The attached Resolution confirms the designated signatories, outlines parameters for the use of electronic signatures and removes the requirement that one must be a physical wet signature.

The current resolution also requires approval by two of the designated signatories to make transfers in the City’s financial accounts. Staff would like to clarify that the Finance Director Agenda Item #7.6:

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has the authority to approve transfers between City accounts, including checking, money market and investment accounts. This would not authorize the Finance Director to approve any form of electronic payments or sign checks.

Recommended Council Action
Adopt a Resolution Confirming Signatories on City of Sonoma Financial Institution Accounts, Authorizing the Finance Director to Make Transfers Between Accounts, Including Money Market and Investment Accounts, and Amending Signature Requirements to Allow for Electronic Signatures.

Alternative Actions
Council discretion.

Financial Impact
There is no financial impact to this item.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Bank Signatories and E Signatures Resolution
Alignment with Council Goals:

Agenda Item #7.6:

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City of Sonoma
RESOLUTION # ______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA CONFIRMING

SIGNATORIES ON CITY OF SONOMA FINANCIAL INSTITUTION ACCOUNTS,

AUTHORIZING THE FINANCE DIRECTOR TO MAKE TRANSFERS BETWEEN ACCOUNTS

INCLUDING MONEY MARKET AND INVESTMENT ACCOUNTS, AND AMENDING

SIGNATURE REQUIREMENTS TO ALLOW FOR ELECTRONIC SIGNATURES WHEREAS, the City of Sonoma wishes to confirm signatories on its financial accounts; and WHEREAS, transfers between the City’s financial accounts, including investment accounts, is necessary; and
WHEREAS, the City is committed to adopting modern and efficient financial practices to ensure the secure and effective management of City resources; and WHEREAS, electronic signatures are recognized under State Law as a legally binding form of signature with the same validity and enforceability as a handwritten signature, provided they meet security and verification standards; and
WHEREAS, the use of electronic signatures for City-issued checks and other financial instruments will streamline processes, reduce manual errors, and enhance security in financial transactions; and
WHEREAS, the City seeks to implement the use of electronic signatures while maintaining the highest standards of authenticity, security, and compliance with all applicable state and federal laws.

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

1. The following classifications are hereby authorized as signatories on the City of Sonoma Financial Institution Accounts:
o Mayor
o City Manager
o City Clerk
o Human Resources Manager
o Community Development Director

2. The Finance Director is authorized to approve transfers between City financial accounts, including money market and investment accounts.

3. The use of electronic signatures on City-issued checks and other financial instruments in accordance with applicable law is authorized.

4. Electronic signatures shall have the same legal effect, validity, and enforceability as handwritten signatures, provided that the electronic signature is:
o Affixed by an authorized individual designated by the City. o Accompanied by appropriate verification measures to ensure the authenticity and integrity of the signature.

Agenda Item #7.6:

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o Applied using an approved secure system that protects the City's financial information and prevents unauthorized access

5. Two authorized signatures shall be required on City checks and/or instruments of withdrawals.

6. This resolution supersedes all previous resolutions.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 4th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
John Gurney, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.6:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Approving an Application for Temporary Use of City Streets for the 2024 Valley of the Moon Vintage Festival 5K Foot Race and the Sonoma Volunteer Fire Fighters Association Annual Water Fights September 28, 2024
Summary
Special event permit applications that include requests for the closure of City streets in conjunction with the event must obtain City Council approval of the related street closure. The Valley of the Moon Vintage Festival is requesting City Council approval for the following street closures:

1. Saturday, September 28th - Closure of Spain Street, between First Street West to First Street East, from 6:00 a.m. to 1:00 p.m. to accommodate the 5K Foot Race and the Sonoma Volunteer Fire Fighters Association Annual Water Fights. a. Saturday, September 28th -- The Street will be used to accommodate the starting/finishing line for the 5K Run between 7:00 a.m. - 11:00 a.m. b. Saturday, September 28th -- The Street will be used to accommodate the Sonoma Volunteer Fire Fighters Association Annual Water Fights between 11:00 a.m. - 1:00 p.m

2. Saturday, September 28th -- Intermittent closures of the 5K race course that departs on Spain Street in front of the Barracks and proceeds to 1st Street East to the bike path, runners will run down the bike path to 4th Street East where they will enter Lovall Valley Road, making a left turn on to Wilking Way, left on to Greve Lane, right on to 4th Street East, right on to Brazil Street, left to Gehricke Road to a turnaround near the entrance to Ravenswood Winery, runners will then be turned around to run towards Lovall Valley Rd, they will make a left on Lovall Valley Road, headed east to a turnaround at Seventh Street East, from there runners will be directed back down Lovall Valley Road, making a Left on Fourth Street East, a right on to East Spain Street to the finish line mid-block on Spain Street between (1st Street West and 1st Street East).

3. The race route will have intermittent closures, to be coordinated based on the presence of runners between 8:00am-10:30am. Street marshaling by Motiv Races, Native Sons of the Golden West and volunteers. The race is being coordinated by Motiv Races as part of their annual contribution back to the community.

Note: Details of the event and associated street closures and “no parking” request is provided in the attached applications.

In 2018, City Council granted a fee waiver in perpetuity to the organizers of the Vintage Festival to cover the cost associated with the Street Use and associated reservation of Agenda Item #7.7:

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parking required to safely operate the 5K race and the water fights. This allows the nonprofit to maximize community scholarships and other community activities.

Recommended Council Action
Adopt the resolution approving the street use application allowing the use of city streets subject to Special Events Committees conditions of approval.

Alternative Actions
City Council discretion.

Financial Impact
The applicants are required to reimburse the City for additional personnel costs incurred as a result of street closure and other aspects of the events.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Vintage Festival Street Use 2024
Vintage Festival 2024 Application and Supporting Documentation Agenda Item #7.7:

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City of Sonoma
RESOLUTION # _____ - 2024

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

CONSENTING TO THE USE OF CITY STREETS FOR THE VALLEY OF THE MOON VINTAGE FESTIVAL ON SATURDAY, SEPTEMBER 28, 2024
WHEREAS, Sonoma Valley Vintners and Growers Alliance has completed an application for the 127th annual Valley of the Moon Vintage Festival, requesting the use of City Streets to conduct a 5K Foot Race and host the Sonoma Volunteer Fire Fighters Water Fights; and WHEREAS, the Valley of the Moon Vintage Festival will temporarily impede and restrict the free passage of traffic over Spain Street between First Street West to First Street East, in order to accommodate the 5K Foot Race on September 28, 2024 between the hours of from 6:00 a.m. to 10:00 a.m.; and WHEREAS, the Valley of the Moon Vintage Festival will temporarily impede and restrict the free passage of traffic over Spain Street between First Street West to First Street East from 10:00 a.m. to 1:00 p.m. to host the annual Sonoma Volunteer Fire Fighters Association Water Fights; and WHEREAS, the Valley of the Moon Vintage Festival will temporarily impede and restrict the free passage of traffic with intermittent closures for the 5K race course that that departs on Spain Street in front of the Barracks and proceeds to 1st Street East to the bike path, runners will run down the bike path to 4th Street East where they will enter Lovall Valley Road, making a left turn on to Wilking Way, left on to Greve Lane, right on to 4th Street East, right on to Brazil Street, left to Gehricke Road to a turnaround near the entrance to Ravenswood Winery, runners will then be turned around to run towards Lovall Valley Rd, they will make a left on Lovall Valley Road, headed east to a turnaround at Seventh Street East, from there runners will be directed back down Lovall Valley Road, making a Left on Fourth Street East, a right on to East Spain Street to the finish line mid-block on Spain Street between (1st Street West and 1st Street East).

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

1. The City Council approves and consents to the street closure associated with the proposed Valley of the Moon Vintage Festival upon terms and conditions deemed appropriate and necessary by the State of California and Department of Transportation.

2. The approval of the street closure is subject to the conditions and limitations as detailed in PLUA 24-28, along with the following:

A. Applicant shall work with Sonoma Police Department and California Highway Patrol as soon as possible to finalize traffic control plan and contract with the Sonoma County Sheriff’s Department for services as required.

B. Applicant shall provide a written request for special barricading to the Public Works Department at least thirty days prior to the event and meet with the Street and Police Dept.

C. Applicant shall comply with City of Sonoma standard insurance requirements.

PASSED, APPROVED AND ADOPTED 4th day of September 2024, by the City Council of the City of Sonoma by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
John Gurney, Mayor
ATTEST:
__________________________________
Agenda Item #7.7:

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Rebekah Barr, MMC, City Clerk
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Planning and Community Services
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Prapti Aryal, Finance Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with W-Trans in an Amount Not to Exceed $75,000 to Develop a Vehicle Miles Traveled (VMT) Guidelines for CEQA Analyses
Summary
Senate Bill 743 was signed into law in 2013 which initiated an update to the CEQA guidelines on evaluation of transportation impacts under CEQA. This led to the new requirement for agencies analyzing the transportation impacts of new projects to now look at vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create.

The Office of Planning and Research (OPR) provides technical advice on evaluating transportation impacts however an agency does have the discretion to create their own VMT thresholds of significance. These thresholds must be adopted in accordance with CEQA Guidelines section 15064.7. The thresholds must also be developed through a public review process and be supported by substantial evidence.

Staff asked W-Trans to prepare a proposal to assist City staff in preparing and adopting guidelines regarding the use of vehicle miles traveled (VMT) in CEQA analyses for development and transportation projects as they are the subconsultant being used for the General Plan Update process and can combine efforts. This work will build upon the “real world” experiences learned through practical implementation of VMT for development projects in Sonoma and throughout Sonoma County over the past several years.

The scope includes three phases of work. The first phase includes to solicit feedback on the aspects of VMT that are most important to attendees, such as how VMT requirements affect different types of development projects and the community’s priorities for VMT reduction strategies. The precise scopes of work in subsequent phases (2 and 3) will build upon the prior phase as well as feedback and direction provided by staff and decision makers. As such, prior to commencing work on Phases 2 and 3, W-Trans will refine the work scopes and budgets for those phases and obtain authorization prior to proceeding. The final product will be a VMT Policy that will include VMT significance thresholds and screening parameters and potential programs/policies to incorporate into the General Plan. The total budget for the project is not exceed $75,000.

Recommended Council Action
Adopt the Resolution authorizing the City Manager to execute the Professional Services Agreement with W-Trans in an amount not to exceed $75,000.

Agenda Item #7.8:

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Alternative Actions
Council discretion.

Financial Impact
The contract will be funded by the $75,000 allocated in FY 24-25 for SB743 Implementation (Account 100-43030-347-50347).

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City of Sonoma
RESOLUTION # _______ - 2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING

THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT

WITH W-TRANS TO DEVELOP VEHICLE MILES TRAVELED (VMT) GUIDELINES

FOR CEQA ANALYSES
WHEREAS, the City of Sonoma (“the City”) desires to develop Vehicle Miles Traveled (VMT) Guidelines for CEQA analyses for development and transportation projects; and WHEREAS, an agency has the discretion to create their own VMT thresholds of significance and CEQA Guidelines Section 15064.7 identifies the process by which a local jurisdiction can adopt VMT thresholds of significance; and
WHEREAS, the City desires assistance in preparation of the guidelines and W-Trans is the existing subconsultant for the traffic studies for the General Plan Update and can combine efforts.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby authorizes the City Manager to execute a Professional Services Agreement with W-Trans to develop the VMT guidelines described in the scope of work in the amount not to exceed $75,000 through June 30, 2025.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 4th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
John Gurney, Mayor
ATTEST:
__________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1 Page 1 of 21
Approved for use 12/28/2023

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Sonoma / W-Trans)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Sonoma, a California municipal corporation (“City”), and _____________________ [enter consultant’s (company’s) name], a ___________________ [insert consultant’s state of incorporation] ___________________ [insert consultant’s legal status e.g., individual, partnership, corporation, nonprofit public benefit corporation, limited liability company, etc.] (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: To develop a Vehicle Miles Traveled (VMT) Policy to implement SB 743 Transportation Impacts in the City.

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 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 Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1 Page 2 of 21
Approved for use 12/28/2023
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:

3. DEFINITIONS

3.1 “Agreement Administrator” for this project means Jennifer Gates, Community Development Director. 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 Contractor.

3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s August 29, 2024, fee schedule to the 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 ________________.

3.4 “Consultant Project Administrator” means Zack Matley. The Consultant Project Administrator will be the principal point of contact for the Consultant.

3.5 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Seventy-Five Thousand Dollars ($ 75, 000).

3.6 “Scope of Services” means such professional services as are set forth in Consultant’s August 29, 2024, Scope of Work proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

3.7 “Termination Date” means June 30, 2025.

4. TERM
Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1 Page 3 of 21
Approved for use 12/28/2023
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate 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 18 (“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 SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 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 City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:

5.2.1 Only the City Community Development 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 Community Development 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.

5.2.2 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 #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1 Page 4 of 21
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.

5.2.3 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.

5.3 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 payable above. 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 payable above.

5.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict-of-interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

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

5.6 Consultant represents that it has no known relationships with third parties, City Council Members, or employees of City which would Agenda Item #7.8:

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Professional Services Agreement
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(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 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 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 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, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

5.10 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 Agenda Item #7.8:

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supervision, and all personnel engaged in the work shall be qualified to perform such services. The Consultant Project Administrator shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.11 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.

5.12 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (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 any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

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

5.14 Prevailing Wage Notice.

5.14.1 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. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

5.14.2 In the event Consultant will perform inspection services, City or authorized representatives of the City shall have the right to inspect the work of such services whenever such representatives may deem such inspection to be desirable or necessary. Inspections by the City Agenda Item #7.8:

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do not in any way relieve or minimize the responsibility of Consultant to conduct the inspections Consultant has expressly agreed to perform pursuant to this Agreement. Consultant shall be solely liable for said inspections performed by Consultant.

Consultant shall certify in writing to the City as to the completeness and acceptability of each inspection of improvement or
construction which Consultant agrees to inspect hereunder.

6. COMPENSATION

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

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, 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/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. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

6.3 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.

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

7. 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 Agenda Item #7.8:

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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.

8. RELATIONSHIP OF PARTIES

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

8.2 Under no circumstances shall Consultant look to the City as its employer.

Consultant shall not be entitled to any benefits. City makes no representation as to the effect of 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, workers’ compensation, and other applicable federal and state taxes.

9. CONSULTANT PROJECT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees, and volunteers should, to the fullest extent permitted by law, be protected from any and Agenda Item #7.8:

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all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement. 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.

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.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend (with counsel satisfactory to City) City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants, or anyone directly or indirectly employed by either Consultant or its subconsultants, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses 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 nonnegligent.

10.3 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 10 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.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar Agenda Item #7.8:

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statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers 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 subconsultants 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.

10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

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

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, Agenda Item #7.8:

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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.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.

11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance written on a per occurrence basis with coverage limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) general aggregate, including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident. 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).

11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

Agenda Item #7.8:

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11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. In the event Consultant’s policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

11.4 Consultant shall require each of its subconsultants 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 subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

11.6 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.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

Agenda Item #7.8:

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

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. 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.

11.10 The insurance provided by Consultant shall be primary to any other 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.

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss.

Consultant hereby waives all rights of subrogation against the City.

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 subconsultants.

11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or selfinsured retention to guarantee payment of losses and expenses.

Agenda Item #7.8:

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11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

11.14.1All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION

12.1 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.

12.2 If any claim, action, or proceeding 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, action, or proceeding.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to Agenda Item #7.8:

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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 shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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 the Agreement.

15. 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.

16. 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:

Jennifer Gates
City of Sonoma
Community Development Department
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
Email: [email protected]
If to Consultant:
[Name]
[Company]
[Address]
[Address]
Telephone: [Insert]
Email: [Insert]
Agenda Item #7.8:

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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]

17. SURVIVING COVENANTS
The parties agree that the covenants contained in Paragraph 8.2, Section 10, Paragraph 12.2, Section 13, and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

18.1 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 16 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 Community Development Director in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this Paragraph 18.1, 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 Agenda Item #7.8:

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injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.

18.2 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.

18.3 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.

18.4 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 3.5 above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONS

19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’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.

19.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or applicant for employment because of race, color, 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 Agenda Item #7.8:

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orientation, or any other unlawful basis. 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. Such action 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.

19.3 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.

19.4 The captions appearing at the commencement of the Sections hereof, and in any paragraph thereof, are 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 Section or Paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

19.5 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, 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 to be charged with the waiver.

19.6 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.

Agenda Item #7.8:

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19.7 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. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. 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.

19.8 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 in its amended form shall be enforceable. 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 thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

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

19.10 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by 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 Agenda Item #7.8:

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shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

19.11 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.

19.12 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.

19.13 This Agreement shall be binding on successors and assigns of the parties.

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

19.15 The recitals are incorporated by this reference.
[Signatures on following page]
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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1 Page 21 of 21
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:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
[Name of Company or Individual]
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:

By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1
Approved for use 12/28/2023
“EXHIBIT A”
Scope of Work
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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1
Approved for use 12/28/2023
Phase One ($25,000)
A. Foundations – Define VMT and explain its origins in California, discuss how and why it is used, and provide flowchart depicting the typical process for application in CEQA. Describe how VMT differs from LOS. Explain where VMT data is obtained, and the tools used to calculate it. Summarize Sonoma’s current VMT characteristics for total VMT, residential VMT per capita, employment-based VMT per worker, and total VMT per service population. Summarize data from the SCTA Travel Behavior Study including how Sonoma compares to other jurisdictions, and how the travel patterns that influence VMT have changed post-pandemic.

B. Thresholds – Describe the VMT significance thresholds identified in the OPR Technical Advisory, including what land uses are (and are not) addressed. Identify the geographic levels that Sonoma could use when setting its significance thresholds. Provide maps showing how the different traffic analysis zones (TAZs) in Sonoma perform with regard to VMT per capita, VMT per employee, and VMT per service population. Qualitatively discuss the likelihood of development projects in different areas of Sonoma realistically achieving the OPR significance thresholds.

Summarize the VMT thresholds being used by other North Bay jurisdictions.

C. Screening – Describe what VMT screening is and how it is applied in CEQA.

Identify the various screening options provided by OPR and how they would be applied in Sonoma. Discuss how other jurisdictions have applied and expanded upon OPR’s screening parameters, and the types of screening options that can work well for smaller jurisdictions like Sonoma.

D. VMT Reduction Strategies – Provide an overview of the various community-level and project-level strategies that can be used to reduce VMT. Describe the state-ofthe-practice strategies typically used in California as outlined by CAPCOA, with a particular focus on those that are viable in Sonoma County and smaller communities like Sonoma. Summarize the SCTA VMT Calculator tool and how it is used to quantify the effectiveness of VMT reduction strategies in Sonoma.

E. VMT White Paper and Summary Materials – Summarize the above topics in a “VMT White Paper” to be made available to the community, decision makers, and interested parties. Prepare presentation slides that can be used at an informational meeting, and also provided as a PDF that can be viewed or downloaded from the City’s website.

F. Informational Meeting #1 – Hold a community meeting, ideally structured as a joint session with the City Council and Planning Commission, to present an overview of VMT foundations, thresholds, screening, and reduction strategies. Solicit feedback on the aspects of VMT that are most important to attendees, such as how VMT requirements affect different types of development projects and the community’s priorities for VMT reduction strategies.

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1
Approved for use 12/28/2023
Phase Two (Not to Exceed $25,000)
A. Based on feedback received, develop a draft set of VMT thresholds of significance for residential, employment-based, and retail project types. If directed by the City, explore the potential to develop additional significance thresholds for land use types that are not addressed by OPR, such as lodging or other visitor-serving uses.

Identify VMT thresholds of significance for transportation infrastructure projects.

B. Based on feedback received, develop a draft set of VMT screening parameters for use in Sonoma. Develop customized screening parameters beyond those identified by OPR, potentially including map-based screening based on EPA location efficiency-based research, small to mid-sized infill residential developments, residential developments with a mix of affordable and workforce housing, and community-based public facilities.

C. Identify VMT reduction strategies that can be required of all development projects, or defined segments or types of development projects, such as mandatory Transportation Demand Management (TDM) strategies and provision of facilities supporting transit and non-auto modes. Develop estimate(s) of the VMT reductions that these strategies could realistically yield.

D. Identify and quantify VMT reduction strategies and programs that could be incorporated into the ongoing General Plan update to reduce Sonoma’s VMT at the community level.

E. Preliminary Sonoma-Specific Thresholds, Screening Parameters, and Reduction Strategies White Paper – Summarize the above topics in a second white paper.

Prepare presentation materials for an informational meeting and posting on the City’s website.

F. Informational Meeting #2 – Hold a meeting to present the preliminary VMT thresholds, screening parameters, and reduction strategies. Solicit feedback from the community and decision makers, including identification of where additional refinement is needed or additional parameters/strategies that should be explored.

Phase Three (Not to Exceed $25,000)
A. Based on feedback received at the second informational meeting, a final draft set of VMT significance thresholds, screening parameters, and potential programs/policies to incorporate into the General Plan will be developed. VMT screening maps will be prepared depicting areas where projects meeting certain criteria may be presumed to have a less than significant VMT impact.

B. A framework for the VMT reduction strategies to be required of development projects will be prepared. The framework could take the form of a TDM plan, if appropriate, and could be structured to allow specified development projects to Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1
Approved for use 12/28/2023
select from a predetermined set of measures. The framework will also incorporate findings from the Vehicle Miles Traveled Mitigation Banking and Exchange Pilot Program, which will be overseen by SCTA and is anticipated to be complete in 2025.

C. The various materials developed over the course of the project will be compiled into a Draft VMT Policy document. In addition to specifying significance thresholds and screening parameters, the policy document will include background information on VMT as well as the data and information needed to support any aspects of the policy that diverge from OPR guidance. The guidelines will also identify the preferred method(s) of forecasting VMT, likely specifying use of the SCTA travel demand model and/or SCTA VMT calculator tool.

D. Following staff review, the Draft VMT Policy will be presented to the Sonoma Planning Commission for review. Based on Planning Commission feedback, the document will be updated and presented to the City Council for review and potential adoption.

E. The final VMT Policy will be provided to the City in PDF format.

Budget
Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet. Monthly invoices will be provided electronically unless a hard copy via mail is requested. The estimated maximum fee for Phase 1 is $25,000, and the estimated not-to-exceed total for all three phases of work is $75,000.

Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.8:

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490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707.542.9500 414 13th Street, 5th Floor OAKLAND, CA 94612 510.444.2600 w-trans.com
Fee Schedule
2024 Staff Billing Rates
Position Billing Rate (per hour)
Senior Principal $300 – $375
Principal $230 – $300
Senior Engineer/Planner $195 – $230
Engineer/Planner $175 – $200
Associate Engineer/Planner $155 – $180
Assistant Engineer/Planner $130 – $155
Technician/Administrative $120 – $155
Intern $30 – $80
Field Technician $30 – $75
2024 Expense Charges
Item Charge
Mileage $0.74/mile*
Services and Expenses 10% surcharge
These rates are valid for work performed prior to December 31, 2024. Work performed after January 1, 2025, and any
subsequent year may be billed at the revised rates established for that year.
* Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.67/mile effective January 1, 2024) plus 10 percent.

Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / W-Trans)
336531.1

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
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 04 Sep 2024
Department
Planning and Community Services
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a Use Permit Amendment (UA-23-40) and Wine Tasting Use Permit (WTUP-24-1) that Would have Authorized a Vacation Rental and Wine Tasting Facility at 301 First Street West Under the Adaptive Reuse Provisions of the City’s Development Code. The Appellant requests the City Council approve the Use Permit Amendment and Wine Tasting Use Permit and give direction to staff on policy issues concerning the Adaptive Reuse Ordinance Summary
Background
The property is a 7,500-square foot parcel on the west side of First Street West roughly one block north of the Plaza. The site is developed with the 5,064 sf historic Ice House, a 1,631 sf wooden barn containing an 800 sf accessory dwelling unit (ADU) and common fitness area, and a detached two-car garage. The primary structure is historic and is a contributing element to the Sonoma Depot Historic District. The first-floor stone structure was constructed in 1906 with a stucco clad second floor residential level added in 1923. Three tandem onsite uncovered parking spaces are on site.

The City of Sonoma Planning Commission granted a Use Permit in May 2018 for the restoration, seismic retrofit and adaptive reuse of the historic Ice House Building and barn. The 2018 Use Permit allowed limited retail use of the first floor, residential use of the second floor, conversion of the existing barn into an ADU, and seismic retrofit parking credits. The conditions of approval, attached, included:
 Commercial use of the ground floor of the Cooperage Building shall be restricted to a limited retail use consisting of a lifestyle retail store the curates, displays and sells unique or one-of-a kind home furnishings, clothing, artwork, fabrics, and related products.
 The hours of operation for the retail shop (i.e., business hours open to clients, customers and /or the public) shall be limited to 9 am – 7 p.m. six days a week.  The conventional kitchen within the employee breakroom at the back of the retail shop on the ground floor of the Cooperage shall be for the exclusive use of employees. No food shall be prepared in the breakroom or kitchen for public consumption.  Special events and live music shall be prohibited.
 Further use of the property for short-term, vacation rental purposes shall be prohibited.

The property now includes the restored mixed-use Ice House Building and remodeled ADU Barn.

Proposed Project
The proposed project seeks approval of a Wine Tasting Use Permit (WTUP) and Use Permit amendment. The Use Permit amendment is requested to allow a short-term vacation rental in the second floor residence. The application requests that the limited retail use on the first floor Agenda Item #8.1:

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be allowed to continue with the wine tasting. These additional uses are being requested after the completion of the previously approved adaptive reuse project to offset the unexpected costs of construction according to the applicant. The recently completed project utilized the adaptive reuse criteria of Section 19.42.030 of the City of Sonoma Development Code for their original project approval in May 2018. The application requested that criteria be applied again to support the requested additional uses.

On April 18, 2024 the Planning Commission (link to staff report and video) held a public hearing to consider the proposed project and hear public testimony for and against the project. The Planning Commission determined that the applicable findings of approval for the adaptive reuse permit could not be made and directed staff to return to the Planning Commission with an amended resolution recommending denial of the proposed project. The Planning Commission adopted the resolution denying the project on May 16, 2024 (attached).

On May 28, 2024, the property owner submitted a timely appeal. The property owner filed the appeal to request reconsideration of Planning Commission’s denial of their application and provide direction to staff on policy issues related to the Adaptive Reuse ordinance which is attached and summarized below.

On July 17, 2024 the City Council continued the appeal to September 4 at the request of the appellant/applicant. No additional information has been provided by the applicant as of the date of this report.

Adaptive Reuse
Sonoma Municipal Code Section 19.42.030 (Adaptive reuse), attached, allows historic structures to be used for purposes not otherwise allowed in the base zone if granted a conditional use permit with additional findings as set out in this code section in connection with the adaptive reuse of the property. The proposed project qualifies to utilize the adaptive reuse provisions under criteria 1(b) because it is listed as a locally significant historic resource as the project site is a contributor to the Historic Train District. In 2018, the original project was approved and allowed the retail use through the Adaptive Reuse Ordinance.

However, the Planning Commission determined the proposed uses of a vacation rental and wine tasting facility are not compatible uses with the surrounding residential uses due to their operational characteristics including noise and increased congestion. An addition finding is also required for applications for adaptive reuse as a vacation rental. This finding was not applicable in 2018 because no vacation rental was proposed. To approve the vacation rental, the Planning Commission must find that the alteration or adaptive reuse would:

Restore and rehabilitate a historic structure and/or property, excluding second units, which is listed or eligible for listing on the State Register of Historic Places, that has fallen into such a level of disrepair that the economic benefits of adaptive reuse are necessary to stem further deterioration, correct deficient conditions, or avoid demolition as implemented in the conditions of project approval.

The Planning Commission determined that, because the restoration and renovation was completed in 2023, it could not find the project would "restore and rehabilitate a historic structure that has fallen into such a level of disrepair that the economic benefits of adaptive reuse are necessary to stem further deterioration, correct deficient conditions, or avoid demolition as implemented in the conditions of project approval".

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The Appellant believes the Planning Commission’s determinations contradict Sonoma Municipal Code Section 19.42.030. The Appellant claims the adaptive reuse ordinance does not “preclude adding other allowable uses to a historic property’s original adaptive reuse permit following the granting of the initial use permit or completion of the initial project.” They additionally state that the proposed vacation rental and wine tasting uses are compatible with the neighborhood because “[t]he ice house is part of a dynamic mixed use neighborhood which includes restaurants, high occupancy sporting events, picnics, wine tasting, public assembly, residential and farmers market uses less than a five-minute walk from the Ice House front door.” Recommended Council Action
Deny the appeal and adopt the attached draft City Council Resolution, titled “A Resolution Of the City Council of the City of Sonoma Denying an Appeal and Affirming the Planning Commission’s Decision on May 16, 2024 Denying the Amendment to the Use Permit (UA 23- 40) And Wine Tasting Use Permit (WTUP 24-1) Applications of Michael Ross to Allow a Vacation Rental and Wine Tasting Use Permit At 301 First Street West (APN 018-161-042)." Alternative Actions

1. Affirm the appeal in part or whole, set aside the decision of the Planning Commission, and direct staff to return with a Resolution, with findings reached by the City Council to do so.

2. Request additional information from the appellant to substantiate and support arguments and continue the matter to a future hearing date.

3. Remand the project back to the Planning Commission, with specific direction on what the Planning Commission must consider. The Planning Commission may take final action, or the City Council may direct that the Planning Commission forward a recommendation to the City Council for consideration.

Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution Denying Appeal
2024 PC Resolution Denial
Appeal Application
SMC 19.42.030 Adaptive Reuse
2018 Cooperage UP Approval
Agenda Item #8.1:

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1 City of Sonoma
RESOLUTION # _______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA DENYING AN APPEAL AND AFFIRMING THE PLANNING COMMISSION’S DECISION ON MAY 16, 2024 DENYING THE AMENDMENT TO THE USE PERMIT (UA 23-40) AND WINE TASTING USE PERMIT (WTUP 24-1) APPLICATIONS OF MICHAEL ROSS TO ALLOW A VACATION RENTAL AND WINE TASTING USE PERMIT AT 301 FIRST STREET WEST (APN 018-161- 042)
WHEREAS, Michael Ross submitted an application for a Use Permit on December 26, 2023 and a Wine Tasting Use Permit on January 18, 2024 at 301 First Street West (APN 018-161-042) (“Project”); and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 2024, to consider the merits of the Use Permit and Wine Tasting Use Permit and hear testimony in favor of, and in opposition to, the project. The Planning Commission determined that it could not make the findings necessary for approval and provided direction to staff to return to the Planning Commission with a resolution for denial; and WHEREAS, on May 16, 2024, staff presented a resolution for denial that was approved by the Planning Commission; and
WHEREAS, on May 28, 2023, Leslie McQuown, Owner (“Appellant”), filed a timely appeal of the decision of the Planning Commission to deny the amendment to the Conditional Use Permit to allow a vacation rental and a wine tasting permit; and WHEREAS, the City Council held a duly noticed public hearing for the Appeal on July 17, 2024.

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

I. Record

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2 e. All documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City relating to the Project; f. For documentary and information purposes, the General Plan, its related environmental document, the Sonoma Municipal Code and all other Cityadopted land use plans and ordinances, including, without limitation, specific plans, guidelines and ordinances;
g. All other matters of common knowledge to the Planning Commission, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Sonoma and its surrounding areas;
h. The evidence, facts, findings and other determinations set forth in this resolution; and
i. All other documents comprising the record of proceedings pursuant to California Code of Civil Procedure Section 1094.5.

References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.

The custodian of the documents and other materials that constitute the record of proceedings on which the City’s decision is based is the City Clerk, or designee. Such documents and other materials are located at Sonoma City Hall, No. 1 The Plaza, Sonoma, CA 95476.

II. Decision
A. On the basis of the record before it, the City Council hereby DENIES the appeal filed by the Appellant and affirms the Planning Commission’s decision to DENY the Project for the reasons stated in the Planning Commission’s Resolution of May 16, 2024 denying the application and the following:

1. The Project is not consistent with the Municipal Code;

2. The appeal lacks sufficient evidence to substantiate the claims made therein, including those regarding the character of the surrounding neighborhood;

3. The project does not meet the findings for a Conditional Use Permit, Adaptative Reuse Findings or the Wine Tasting Use Permit.

B. It is not necessary to make any finding as to the proposed Project’s compliance with the California Environmental Quality Act (CEQA) because CEQA does not apply to "projects which a public agency rejects or disapproves." (Pub. Resources Code, § 21080(b)(5); see also, Sunset Sky Ranch Pilots Assn. v. County of Sacramento (2009) 47 Cal.4th 902, 908; Las Lomas Land Co., LLC v. City of Los Angeles (2009) 177 Cal.App.4th 837, 849.).

III. Effective Date
Under SMC Section 19.84.040, this decision of the City Council is final and is Agenda Item #8.1:

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3 effective on the date of adoption.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 4th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #8.1:

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CITY OF SONOMA
RESOLUTION # -2024

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SONOMA DENYING THE AMENDMENT TO THE USE PERMIT (UA 23-40) AND WINE TASTING USE PERMIT (WTUP 24-1) APPLICATIONS OF MICHAEL ROSS TO ALLOW A VACATION RENTAL AND WINE TASTING USE PERMIT AT 301 FIRST STREET WEST (APN 018-161-042).

WHEREAS, Michael Ross submitted an application for a Use Permit on December 26, 2023 and a Wine Tasting Use Permit on January 18, 2024 at 301 First Street West (APN 018-161- 042); and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 2024, to consider the merits of the Use Permit and Wine Tasting Use Permit and hear testimony in favor of, and in opposition to, the project. The Planning Commission determined that it could not make the findings necessary for approval and provided direction to staff to return to the Planning Commission with a resolution for denial.

NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Sonoma hereby finds and declares as follows:

I. Record

1. The record of proceedings (“Record”) upon which all findings and determinations related to the Project includes, but is not limited to:
a. The technical reports and all other documents relied upon for the proposed Categorical Exemption;
b. The staff reports, City files, records and other documents, and all other information (including written evidence and testimony) prepared for and/or submitted to the Planning Commission relating to the Project; c. All information (including written evidence and testimony) presented to the City by the staff, applicant, public, environmental consultants and sub consultants relating to the Project;
d. All information (including written evidence and testimony) presented to the City by other public agencies relating to the Project;
e. All documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City relating to the Project; f. For documentary and information purposes, the General Plan, its related environmental document, the Sonoma Municipal Code and all other City-adopted land use plans and ordinances, including, without limitation, specific plans, guidelines and ordinances;
g. All other matters of common knowledge to the Planning Commission, including, Agenda Item #8.1:

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but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Sonoma and its surrounding areas;
h. The evidence, facts, findings and other determinations set forth in this resolution; and
i. All other documents comprising the record of proceedings pursuant to California Code of Civil Procedure Section 1094.5.

2. The findings contained in this Resolution are based upon the evidence in the entire Record relating to the Project. All the evidence supporting these findings was presented in a timely fashion, and early enough to allow adequate consideration by the City. References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.

II. Use Permit Approval Findings Cannot Be Made
The Planning Commission cannot make the findings necessary for approval of a Use Permit under section 19.54.040.E of the Development Code, specifically:

3. The location, size, design, and operating characteristics of the proposed use are not compatible with the existing and future land uses in the vicinity The project site is zoned Medium Density Residential and is located in a transitional neighborhood which is located near the Sonoma Plaza but primarily surrounded with residential development. The site is in close proximity to several other tasting rooms on First Street West (Walt Wines, Hawk, and Auteur); however, it also abuts residential development. The site is surrounded by State Parks land directly to the north with singlefamily homes beyond, Plaza Gardens Condominium complex to the south, a single-family home and vacant lot to the east (across First Street West), and residential units within Plaza Gardens Condominium complex to the west. The proposed vacation rental and wine tasting use would expand the allowable uses and introduce potential conflicts with the adjacent residences as a result of noise and operating characteristics such as noise, trash, parking, and congestion. Therefore, the operating characteristics of the proposed use are not compatible with existing and future land uses in the vicinity as required under SMC §

19.54.040(E)(3).

III. Adaptive Reuse Findings Cannot Be Made
The Planning Commission cannot make all necessary findings to approve the adaptive reuse of an historic structure under section 19.42.030.E of the Development Code, which would be required for the proposed uses in addition to those findings required under SMC §

19.54.040 (Use permits). The alteration or adaptive reuse would not:

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1. Enhance, perpetuate, preserve, protect, and restore those historic districts, neighborhoods, sites, structures, and zoning districts which contribute to the aesthetic and cultural benefit of the city
The property recently underwent extensive renovations under a Use Permit the Planning Commission granted in May 2018 for the restoration, seismic retrofit and adaptive reuse of the historic Ince House Building and barn. Because those renovations have been completed, the proposed project consists of a proposed expansion of allowed uses that are not compatible with the surrounding uses. Therefore, the proposed vacation rental and wine tasting use would not enhance, perpetuate, preserve, protect, and restore the Historic Train District and the neighborhood. Therefore, this finding cannot be made.

2. Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zoning districts
The proposed vacation rental and wine tasting use permit would not stabilize and improve the Historic Train District and neighborhood. The proposed project would expand non compatible commercial uses in a residential neighborhood and therefore this finding cannot be made.

3. Preserve diverse architectural design reflecting phases of the city’s history, and encourage design styles and construction methods and materials that are compatible with the surrounding neighborhood(s)
The project site and Cooperage building are contributing elements to the Historic Train District. However, no construction is proposed at this time. The proposed vacation rental and wine tasting use permit would not preserve the architectural design or construction methods. Therefore, this finding cannot be made.

The following additional finding is required for applications for adaptive reuse as a vacation rental:

6. Restore and rehabilitate a historic structure and/or property, excluding second units, which is listed or eligible for listing on the State Register of Historic Places, that has fallen into such a level of disrepair that the economic benefits of adaptive reuse are necessary to stem further deterioration, correct deficient conditions, or avoid demolition as implemented in the conditions of project approval The proposed project qualifies to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the Historic Train District. The Cooperage building and the adjoining barn have been found to be historically significant and recently underwent a major renovation and seismic retrofit to the unreinforced masonry structure. The recently completed renovation resulted in the stabilization and strengthening of the Cooperage building and the barn which Agenda Item #8.1:

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enabled them to be used in an economically beneficial manner, rather than allowing their continued deterioration. At this time, the applicant requests to expand the allowable uses on site to add the use of the second floor as a vacation rental and the lower level as a wine tasting facility in order to help recoup unexpected expenses associated with the renovations. However, the proposed expansion of use would not restore or rehabilitate a historic structure or property that has fallen into such a level of disrepair that the economic benefits of adaptive reuse are necessary to stem further deterioration. The restoration was completed and the structure is not in a state of disrepair. The proposed expansion of use is not required to stem further deterioration, correct deficient conditions, or avoid demolition. Therefore, this finding cannot be met.

IV. Wine Tasting Use Permit Findings Cannot Be Made
The Planning Commission cannot make all necessary findings to approve a Wine Tasting Use Permit under section 19.50.120.A.5 of the Development Code. b. The proposed use is allowed with a WTUP within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions)
Pursuant to SMC Section 19.42.030 (Adaptive Reuse), the adaptive reuse of historic structures within the historic overlay district, involving uses not otherwise allowed through the base zoning may be allowed subject to review and approval of a Use Permit by the Planning Commission. The proposed project would qualify to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the Historic Train District. However, as discussed above, the required findings of project approval cannot be met for the adaptive reuse as the renovation has been completed and the proposed expansion of use would not be required to stabilize the property and protect the Historic Train District. c. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future uses in the vicinity The project site is zoned Medium Density Residential and is located in a transitional neighborhood which is located near the Sonoma Plaza but primarily surrounded with residential development. The site is in close proximity to several other tasting rooms on First Street West (Walt Wines, Hawk, and Auteur); however, it does abut residential development. The site is surrounded by State Parks land directly to the north with singlefamily homes beyond, Plaza Gardens Condominium complex to the south, a singlefamily home and vacant lot to the east (across First Street West), and residential units within Plaza Gardens Condominium complex to the west. The proposed wine tasting use would expand the allowable uses and introduce potential conflicts with the adjacent residences as a result of noise and operating characteristics such as noise, trash, parking, and congestion. Therefore, the operating characteristics of the proposed use are not compatible with existing and future land uses in the vicinity.

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f. The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area
The project site is zoned Medium Density Residential and is located in a transitional neighborhood which is located near the Sonoma Plaza but primarily surrounded with residential development. The site is located on the same street as several other tasting rooms on First Street West (Walt Wines, Hawk, and Auteur); however, it abuts residential development. Overall, the proposed location is not compatible with the neighborhood as the surrounding uses are residential.
g. The proposed use is located at an appropriate distance from:
i. Potential sensitive or incompatible uses such as religious facilities, schools, public parks and playgrounds, and other similar uses; and ii. The size and proposed activity level of the use will be compatible with the uses, and/or character of, the surrounding area
The proposed site is not located near any religious facilities or schools but is across the street from Depot Park. As discussed above, the site is surrounded by residential development and the proposed wine tasting use is not compatible with the site.

V. Indemnity and Time Limits
A. The developer and any successor in interest, whether in whole or in part, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees to attack, set aside, void, or annul the Planning Commission’s decision at issue herein, including any approval of any portion of the project or the environmental review document(s) for the Project. This indemnification shall include damages or fees awarded against the City, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action whether incurred by the developer, the City, and/or parties initiating or bringing such action.

B. The developer and any successor in interest, whether in whole or in part, shall defend, indemnify, and hold harmless the City, its agents, employees, and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document, if made necessary by said legal action and the developer desires to pursue securing such approvals, after initiation of such litigation, which are conditioned on the approval of such documents in a form and under conditions approved by the City Attorney.

C. In the event that a claim, action or proceeding describer in no. A or B above is brought, the City shall promptly notify the developer of the existence of the claim, action, or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding.

Nothing herein shall prohibit the City from participating in the defense of any claim, action, or proceeding; the City shall retain the right to (i) approve the counsel to so defend the Agenda Item #8.1:

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City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonable withheld. The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with the developer in the defense of said claim, action, or proceeding. If the City chooses to have counsel of its own to defend any claim, action, or proceeding where the developer has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the developer.

D. The developer and any successor in interest, whether in whole or in part, indemnifies the City for all the City’s costs, fees, and damages which the City incurs in enforcing the above indemnification provisions.

E. Unless a shorter limitation period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6.

VI. Project Denial
Based on the determinations set forth in this Resolution, the Planning Commission hereby denies approval of a Use Permit and Wine Tasting Use Permit as set forth in the project narrative dated March 6, 2024 and project plans dated December 9, 2023.

BE IT FURTHER RESOLVED, it is not necessary to make any finding as to the proposed Project’s compliance with the California Environmental Quality Act (CEQA) because CEQA does not apply to "projects which a public agency rejects or disapproves." (Pub. Resources Code, § 21080(b)(5); see also, Sunset Sky Ranch Pilots Assn. v. County of Sacramento (2009) 47 Cal.4th 902, 908; Las Lomas Land Co., LLC v. City of Los Angeles (2009) 177 Cal.App.4th 837, 849.) PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Sonoma on May 16, 2024 by the following vote:

Ayes:

Noes:

Absent:

Recuse:

Chair Barnett
Attest
Natalie Lundeen
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City of Sonoma
Appeal Application Form
7 A copy of the rights of appeal and the City’s appeal procedures may be found Ohm The fee to file an appeal must accompany this form ’
, Appeals must be ?led with the City Clerk within fifteen (15) calendar days of the action Appeals must address issues raised or decisions made at previous hearings. Appeal hearings cannot be used as a forum to introduce new issues
- In order for your appeal to be valid this form must be filled out completely.

Feel free to attach additional sheets or supporting documentation as may be necessary.

APPELLANT INFORMATION: (Please Print)
Leslie McQuown Name:
19320 Carriger Rd.. Sonoma, CA 95476 Address'
Name:

Address:
(707) 935-6520 Phone: Phone:
/We the undersigned do hereby appeal the decision of the:

I Planning Commission Design Review Commission
City Planner or Department Staff Other:

Adoption of Res. #02024 denying amendment to CUP and a WTUP (Title of project or application)
Located at: 301 First Street West, Sonoma
(Address)
Regarding:

Made on: May 16, 2024
(Date decision was made)
lNVe hereby declare that |/We are eligible to file an appeal because:
(Refer to Section 19.84.30-A, Eligibility,on the reverse) The appellant has an ownership interest in the real property that is the subject of the resolution being appealed.

The facts of the case and basis for the appeal are:

See Attachment "A",incorporated here by reference.
lNVe request that the Appeal Body take the following specific action(s):

Approve the requested amendment to CUP and approve the requested Wine Tasting Use Permit and give direction to staff on policy issues concerning the Adaptive Reuse Ordinance.

Signed; W WWW May 28, 2024
Signature Date
Sig nature Date
G:\FORMS\Applications\Appeal Form.doc
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Sonoma MunicipalCode Chapter 19.84

APPEALS

19.84.010 Purpose of chapter. Determinations or actions of the city planner and city commissions may be appealed as provided by this chapter. (0rd. 2003—02§ 3, 2003).

19.84.020 Appeal subjects and jurisdiction. Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

A. Code Administrationand Interpretation. The following determinations and actions of the city planner and department staff may be appealed to the planning commission or the design review commission, as applicable, and then to the council:

1. Determinations on the meaning or applicability of the provisions of this development code that are believed to be in error, and cannot be resolved with staff;

2. Any determination that a permit application or informationsubmitted with the application is incomplete, in compliance with state law (Government Code Section 65943); and

3. Any enforcement action in compliance with Chapter 19.90 SMC, Enforcement of Development Code Provisions.

B. Land Use Permit and Hearing Decisions Decisions of the city planner on zoning clearances may be appealed to the planning commission or the design review commission, as applicable. Decisions by a commission may be appealed to the council. (0rd. 2003-02 § 3, 2003).

19.84.30 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); 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 othen/vise 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. Ifan 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 lifewithin 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. Allappeals shall be submitted in writing on a city application form, and shall specificallystate the pertinent facts of the case and the basis for the appeal. Appeals shall be filed in the office of the city clerk within 15 days followingthe final date of the determination or action being appealed.

C. Fee. Appeals shall be accompanied by the filing fee set by the city councils fee resolution, except as provided for in subsection (A)(3) of this section.

D. Scope of Land Use Permit Appeals. An appeal of a decision by the city planner or commission on a land use permit shall be limitedto issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

E. Effect of Filing an Appeal. The filing of a valid appeal shall have the effect of staying the issuance of any permit untilsuch time as the matter on appeal is resolved. (Ord. 2003-02 § 3, 2003).

19.84.040 Processing of appeals.

A. Scheduling of Hearing. After an appeal has been received in compliance with the procedures listed in SMC 19.84.030(B), Timing and Form of Appeal, the appeal shall be transmitted to the 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 city planner shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C. Joining an Appeal. Only those persons who file an appeal withinthe 15—dayappeal period in compliance with 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 15—day appeal period.

D. Action and Findings.

1. General Procedure. The appeal body shall conduct a public hearing in compliance withChapter 19.88 SMC, 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 identifythe 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. 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 sixteenth day after the decision, when no appeal to the decision has been filed with the council. 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. (Ord. 2003-02 § 3, 2003).

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Attachment “A”
To the Appeal of Leslie McQuown
The appellant is Leslie McQuown. Pursuant to Sonoma Municipal Code ("SMC”) Section

1.24.010, “Any person dissatisfied with any final decision of any city commission, board or official may appeal such final decision to the city council. Only final decisions may be appealed to the city council.” On May 16, 2024, the Planning Commission took final action adoption Resolution No. -2024, “AResolution of the Planning Commission of the City of Sonoma Denying the Amendment to the Use Permit (UA 23-40) and Wine Tasting Use Permit (WTUP 24—1) Applications of Michael Ross to Allow a Vacation Rental and Wine Tasting Use Permit at 301 First Street West (APN 018-161—042)” (the "Resolution”). Mr. Ross filed the respective applications on behalf of Mrs. McQuown. She has an ownership interest in the subject property, and is dissatisfied with the Planning Commission’s decision.

The basis for the appeal is that the Planning Commission, in its decision, has set precedent for the interpretation of the City’sAdaptive Reuse Ordinance, SMC Section 19.42.030 (the “ARO”).

The ARO is quite literally the only tool the City has to help foster the restoration and renovation of historic structures in the City. The Commission’s decision is contrary to the best interests of historic preservation in the City. The City Council is the appropriate body to set policy in this regard. Additionally, and most importantly to the appellant, her application for a vacation rental and wine tasting use permit should be approved.

The reasons for the appeal are set forth in this Attachment “A”;the transcript of the Planning Commission proceeding submitted concurrently with this appeal (Attachment “8”); testimony to be provided at the Council’s hearing on the appeal; and such other correspondence and materials as the appellant may submit in advance of that hearing. The requisite appeal fee is being submitted to the City Clerk with this appeal.

In order to demonstrate that the Commission’s decision should be reversed as unjust and inappropriate, we have excerpted the Commission’s findings as to adaptive reuse and the WTUP and provided our response.

Resolution Section II — CUP Findings.

In Section ll of the Resolution, the Commission determined that it could not make Use Permit approval findings under section 19.54.040.E(3) ofthe SMC, specifically that “[t]he location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.”
Because the language from the Resolution mirrors the same mischaracterization of the neighborhood discussed as to other Resolution sections copied below, we do not repeat that language here. As discussed in more detail under the Adaptive Reuse Ordinance findings below, the neighborhood in which the property is located is a vibrant, mixed-use area with considerable commercial and public-oriented uses. With appropriate conditions of approval (as originally recommended by City staff), the uses sought under the proposed permits willbe compatible with surrounding uses.

Resolution Section lll — Adaptive Reuse Ordinance Findings.

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In Section lll of the Resolution, the Commission determined that it could not make the required findings under the ARC, as follows:

Resolution excerpt. “The property recently underwent extensive renovations under a Use Permithe Planning Commission granted in May 2018 for the restoration, seismic retrofit and adaptive reuse of the historic lnce [sic] House Building and barn. Because those renovations have been completed, the proposed project consists of a proposed expansion of allowed uses that are not compatible with the surrounding uses Therefore the proposed vacation rental and wine tasting use would not enhance, perpetuate, preserve, protect, and restore the Historic Train District and the neighborhood. Therefore, this finding cannot be made.” Appeal ResjiIonse‘
Unlike the PiaIIIIiIIII CoInnIisszsion’I; detern'Iination, the City of Sonoma Adaptive Reuse Ordinance 'tEi.42.tiIiItidoes not by its terms preclude adding other allowable uses to a historic I‘Iroperty‘s original adaptive reuse use permit following the granting of the initial use permit or completion of the initial project.

The SlVlCdoes not require Adaptive Reuse applicants to apply for 100% of allowabie uses at the time of initial subrnittal. AI'Ipiyingthis logic would compel Adaptive Reuse applicants to apply fOI tOOO/noftall allowable uses attthe initial use permit submittal to maintain flexibility in the ftmin) n3 I:I:IIIIIiziIIgtthe pots ntiol tOI untoies een ciIrz‘sIunI tances during construction This appioach would I.InI“;IeI es.saiiiy magnify the numbei of potential impacts at the initialsubmittal and lead to denial of AOR applications by the Planning Commission. Insinuating this “Catch 22" into the Adaptive Reuse Ordinance would be a significant disincentive for the private sector to invest in, protect, enhance, and preserve historic structures in the City of Sonoma. "the ARC) is the City oi Sonorna’s only policy incentive supporting the private sectors investment in the pI'Iszservritionand repair of historic structures. Historic renovation projects are fraught with complexity and unI‘liscovered costs that are simply not foreseeable at the time of use permit approvzztl cost:swhich only the property ownei Ir~nuIt bear. Owners are entitled to request an amendment land , quuiie the tiexibiiityt 0 seek appioval of additional allowable uses for these historic properties. the City can then approve such additional uses in its discretion. instead, the Planning Commission’s decision unilaterally bars even the possibility of any such request.

2. Stabilize and improve the economic value of historic distriCts, neighborhoods, sites, structures, and zoning districts.

Resolution Excerpt: “The proposed vacation rental and wine tasting use permit would not stabilize and improve the HistoricTrain District and neighborhood. The proposed project would expand non-compatible commercial uses in a residential neighborhood and therefore this finding cannot be made."
Appeal Response:

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The proposed vacation rental and wine tasting uses are compatible with the Historic Train District and the neighborhood. The Ice House has been a commercial building on this block for over tot) years, significantly predating many nearby residential uses. The second floor of the structure was a bed and breakfast prior to this owner. The lce House is part of a dynamic mixed— use neigl’iborhood which includes restaurants, high occupancy sporting events, picnics, wine tasting public assembly, residential and farmers market uses less than a five—minutewalk from the lce l~louse front door, The west end of Der-mtPark and ball field is one of the most intensively used outdoor spaces in the City of Sonorna. Hundreds of people enjoy and use this area every week, On the Fourth of July weekend, thousands of people gather in this neighborhood.

Resolution Excerpt: “The project site and Cooperage building are contributing elements to the Historic Train District. However, no construction is proposed currently. The proposed vacation rental and wine tasting use permit would not preserve the architectural design or construction methods. Therefore, this finding cannot be made.”
Appeal ROijJOlrse:

This adaptive ri-i'use [.)l<j)jti3t‘.l approved by the 20'l8 use permit saved the Cooperage Building, assured its future existence, and j:‘)reservr;><:l its diverse architectural design as a contributor to the ireigl'rbort'rooitl.The SMC does not require Adaptive Reuse applicants to apply for 100% of allowable uses at the time of initialsubmittal. The proposed modifications in use are necessary now to provide the applicant future flexibility of use should she desire to retain the property and add value sl’rould she sell the property to attest the extensive costs of preservation The Planning Commission‘s determination that the Adaptive Reuse Ordinance is static and applicable only to a single use permit application does not address the complexity and cost of historic preservation. it sends an entirely wrong signal to anyone contemplating historic preservation: you have one shot at getting your uses correct ~ and don’t come back for anything else regardless of what unforeseen circumstances you might face.

The following additional finding is required for applications for adaptive reuse as a vacation rental:

Resolution Excerpt: “The proposed project qualifies to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the HistoricTrain District. The Cooperage building and the adjoining barn have been found to be historically significant and recently underwent a major renovation and seismic retrofit to the unreinforced masonry structure. The recently completed renovation resulted in the stabilization and strengthening of the Cooperage building and the barn which enabled them to be used in an economically beneficial manner, rather than allowing their continued deterioration.

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At this time, the applicant requests to expand the allowable uses on site to add the use of the second floor as a vacation rental and the lower level as a wine tasting facility to help recoup unexpected expenses associated with the renovations.

However, the proposed expansion of use would not restore or rehabilitate a historic structure or property that has fallen into such a level of disrepair that the economic benefits of adaptive reuse are necessary to stem further deterioration. The restoration was completed, and the structure is not in a state of disrepair. The proposed expansion of use is not required to stem further deterioration, correct deficient conditions, or avoid demolition. Therefore, this finding cannot be met.”
/\ppez;il I'Qespt‘nise:
the ARC does not place a time value on when allowable uses can or cannot be added to an adajittiVe reuse use jt>ermit It the owner could have predicted the future, the original use permit would have included the wine tasting and vacation rental uses. The estimated economic benefits necessary to even ren’iotely offset the costs of preservation at the time of the initial use permit approval were unknown. As a reminder, the restoration just got underway at the li>eginningof the Clovid pandemic. This was a period of intense societal stress and was incredibly costly and cliszzrujt.)tiveto construction projects in Sonoma and across the nation, Applying a “one and done“ :zipproacl’ito establisl'iing the econoi'nics of preservation projects does not reflect it‘ioreality ot complex historic preservation processes.

Resolution Section IV. Wine Tasting Use Permit Findings. in Section IVof the Resolution, the Planning Commission determined that it could not make all necessary findings to approve a Wine Tasting Use Permit under section 19.50.120.A.5 of the SMC.
b. The proposed use is allowed with a WTUP within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions).

Resolution excerpt: “Pursuant to SMC Section 19.42.030 (Adaptive Reuse), the adaptive reuse of historic structures within the historic overlay district, involving uses not otherwise allowed through the base zoning may be allowed subject to review and approval of a Use Permit by the Planning Commission. The proposed project would qualify to utilize the adaptive reuse provisions under criteria 1(b), listing as a locally significant historic resource as the project site is a contributor to the Historic Train District. However, as discussed above, the required findings of project approval cannot be met for the adaptive reuse as the renovation has been completed and the proposed expansion of use would not be required to stabilize the property and protect the HistoricTrain District.”
Appeal Response
The ARC) does not j,>lacea time value on when allowable uses can or cannot be added to an adaptive reuse use permit. The ARO benefits do not stop at construction completion. Not all ARO allowable uses were believed to be necessary at the time of the initial use permit Agenda Item #8.1:

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stirilitmtionThe ice House is now a contributor to the rhetoric Train District only because the current owner stabilized and preserved it for the future. The spirit of the ARC) is to protect Sonoiria’s l'tlStOl'tti; legacy. it is conceivable at sent the current owner‘s commitment to strengthen and restore the structure, following another major earthquake the Ice House could have been a pile of rocks on the ground.
c. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future uses in the vicinity.

Resolution excerpt: “The project site is zoned Medium Density Residential and is located in a transitional neighborhood which is located near the Sonoma Plaza but primarily surrounded with residential development. The site is in close proximityto several other tasting rooms on First Street West (Walt Wines, Hawk, and Auteur); however, it does abut residential development.

The site is surrounded by State Parks land directly to the north with single family homes beyond, Plaza Gardens Condominium complex to the south, a single family home and vacant lot to the east (across First Street West), and residential units within Plaza Gardens Condominium complex to the west. The proposed wine tasting use would expand the allowable uses and introduce potential conflicts with the adjacent residences as a result of noise and operating characteristics such as noise, trash, parking, and congestion. Therefore, the operating characteristics of the proposed use are not compatible with existing and future land uses in the vicinity.”
Appeal Response:

This denial poinl miscl‘taracterizes the nature of the neighborhood. As previously explained (and repeated here), First Street West north of the Plaza is a dynamic mixed—useneighborhood which includes residential, restaurant, sporting events, picnic, wine tasting, public assembly, residential and laimers ntarket uses less than a five—minutewalk from the Ice House front door.

This area oi Depot Park is one of the most intensively used outdoor spaces in the City of Sonoma. l~tundre s ol people enjoy and use this area every week. On the Fourth of July weekend, thousands of people gather in this neighborhood. Adding two quiet uses to the Ice House would have minimal if any ii’npact to this busy neighborhood. f. The proposed use will not adversely affect the welfare of the area residents or result in an undue concentration of establishments dispensing alcoholic beverages in the area.

Resolution excerpt: "The project site is zoned Medium Density Residential and is located in a transitional neighborhood which is located near the Sonoma Plaza but primarily surrounded with residential development. The site is located on the same street as several other tasting rooms on First Street West (Walt Wines, Hawk, and Auteur); however, it abuts residential development.

Overall, the proposed location is not compatible with the neighborhood as the surrounding uses are residential.”
Appeal Response:

As above. this point miscl‘raracterizes the nature of the neighborhood. The project is compatible with the ireighborhood. While the property is located adjacent to rnulti—familyresidential to the south, a thCEtl’ttlot and single family residential to the north, the neighborhood is incredibly varied up and rilowrtthe block. The proposed use pales in comparison to the intensity of use i
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already adjacent to the residential uses just to the north, The potential acoustic impacts of vacation rental and wine tasting uses can be attenuated and controlled by conditions of approval.

9. The proposed use is located at an appropriate distance from: i. Potential sensitive or incompatible uses such as religious facilities, schools, public parks and playgrounds, and other similar uses; and ii. The size and proposed activity level of the use will be compatible with the uses, and/or character of, the surrounding area.

Resolution excerpt: “The proposed site is not located near any religious facilities or schools but is across the street from Depot Park. As discussed above, the site is surrounded by residential development and the proposed wine tasting use is not compatible with the site.” Appeal Response:
this is the same point discussed above under (9), and we incorporate our response under (g) here by reference,
Conclusion.

The subject property is located in a busy, mixed-use area of the City. The requested uses are compatible with other uses in the vicinity with appropriate conditions of approval. The ARO does not preclude amendments to previously issued use permits. We respectfully request that the City Council approve the requested permits and provide any direction it may wish to staff on policy issues with the ARO.
l
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l
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ATTACHMENT "B"
City of Sonoma Planning Commission
Item 4.2
301 First Street West in Sonoma
April 18, 2024

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Veritext Legal Solutions
Calendar—[email protected]—299-5127
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25 CHAIR LARRY BARNETT: All right, we're
now going to move on to item 4.2, which is
discussion, consideration, possible action to
adopt a resolution approving the use permit and
wine tasting use permit application of Michael
Ross, no stranger to this Commission, to allow a
vacation rental and wine tasting facility 301
First Street West. And now we'll have the staff
report, please.

ASSOIATE PLANNER KRISTINA TIERNEY:

Thank you, Commissioners. I'm going to start
with a little bit of history on the property.

It's been before the commission and design review
multiple times in the last five or so years.

The primary permit that is governing
the property at the moment is a May 2018 adaptive
reuse permit that authorized the restoration,
seismic, retrofit, and adaptive reuse of the
Cooperage and the barn.

What is approved in the 2018 use permit
is limited retail use of the first floor,
residential use of the second floor, the use of
the existing barn to convert it to an accessory
dwelling unit, and also approve the use of
seismic retrofit credits for parking.

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[email protected]—299—5127
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25 There are specific conditions of
approval to the 2018 use permit that are
identified below. Most specific to our
discussion this evening is the first one about
the limited retail use on the ground floor, the
hours of operation, and the fact that there is a
condition of approval that states that further
use of the property for a short—term vacation
rental shall be prohibited.

In general, the process that we're
going through this evening is similar to what we
do for many use permits that they come before the
Commission for conditions of approval to be
amended. And that is in line with our standard
practices that we do for a restaurant, for wine
tasting use permits, and things like that.

So, the project site as it stands today
it's a 7,500 square foot parcel that is developed
with a 5,000 square foot historic two—story
building. There is a 1,600 square foot barn,
part of that barn is an 800 square foot ADU as
well as a common fitness area. And I believe the
detached garage was taken down, so my apologies
for that.

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25 The property is a contributing resource
to the Sonoma Depot Historic District as a
commercial building. And so, that’s really the
nexus for the adaptive reuse provision which is
contained in our historic resource code, or
excuse me, or historic preservation code in the
Sonoma Municipal Code which is 1942.

So, the first story was constructed in
1906 and the second story in 1923. There are
three tandem uncovered parking spaces that were
approved through that use permit in 2018. The
applicant is currently before the Planning
Commission to request an amendment to the 2018
use permit to expand to have a wine tasting
facility on the lower floor as well as a vacation
rental on the upper floor.

So, the vacation rental component would
be a short—term rental it —— totaling 2,500
square feet approximately. There are two
bedrooms as well as the library that would be
accessible for a vacation rental. And the
narrative states that guests would be limited to
one to six people.

Our code does have specific
requirements for vacation rentals that have

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limits on the number of people who can stay based
on the number of bedrooms, and that's been
included as a condition of approval.

Regarding the wine tasting use permit.

The Proposal is to have shared space with that
existing allowed retail use on that lower floor,
and that it would be sort of a shared space with
retail as well as a wine tasting facility. And
that would be the whole lower floor that's being
requested at 2,532 square feet.

The requested hours of operation are 9
to 7:00 p.m., six days a week and anticipated two
to four employees. Staff has recommended a
condition of approval to shorten the hours of
operation for the wine tasting facility to shut
that down at 5:00.

The adaptive reuse provision of the
code is in Chapter 19.42.030, and it has created
a permitting process to allow the adapter for use
of historic structures that are not otherwise
allowed in the zoning district. And just for
everyone's edification the zoning for this
property is medium density residential.

And that really is kind of the crux of
the issue this evening that we have a

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residentially zoned property that historically
has been used for commercial and trying to
balance the competing needs of the neighbors and
the property and respecting the historic nature
of the structure as well.

So, the —~ there is only certain
structures can utilize this provision of the
code. They have to be officially designated for
the state or national register, or they can have
potential historic value. Vacation rentals
cannot be structures that just have historic
value, they have to be officially designated.

This property does qualify as a contributing
element to our Historic Train District.

So, our code breaks down allowable
residential uses and non—residential uses. We're
talking with commercial uses today. So, what is
allowed under the code is to request in a zoning
district that doesn't normally allow it the use
of a bed and breakfast, a hotel, limited retail,
mixed use, professional and service—oriented
offices, restaurants, vacation rentals, and wine
tasting facilities.

In order to try to balance the request
of the applicant with the constraints of the
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25 neighborhood, there are recommended conditions of
approval for the Planning Commission to consider.

The commercial use of the ground floor
would be restricted to retail and wine tasting as
proposed. I mentioned the limiting wine tasting
hours to 5:00 p.m. Continuing the ban on special
events and live music that's in the 2018 use
permit.

And there's also additional
requirements for on—site bike parking and for
complimentary bikes for the vacation rental to
try to address parking and congestion in the
downtown. We also have a requirement for a
property management plan to govern how the rental
would be managed and to help provide a point of
contact for the neighbors to address concerns.

In order for the Planning Commission to
approve the project this evening, findings need
to be made for the use permit, the adaptive reuse
permit, as well as the wine tasting use permit.

And I'll just take a second to run through them.

For the use permit we have four findings that
need to be made.

One that the proposed use is consistent
with the general plan and the specific plan.

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That the proposed use is allowed with a
conditional use permit. The location, size,
design, and operating characteristics are
compatible with existing and future land uses in
the vicinity. The proposed use will not impair
the architectural integrity and character of the
zoning district.

And then, we have six additional
findings for the adaptive reuse. And what what's
being requested is that the 2018 adaptive reuse
permit be amended and that's really one of the
topics of conversation this evening is how do we
address this request that has not been before the
Planning Commission before.

The 2018 permit has been vested it
obtained building permits and there's been
building permit final for the entire building at
this point. So, the findings for adaptive reuse
or does the project enhance, perpetuate,
preserve, protect, and restore the historic
districts neighborhood sites, structures, and
zoning districts which contribute to the
aesthetic and cultural benefit of the city.

Stabilize and improve the economic
value of historic districts, neighborhoods,

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sites, structures, and zoning districts.

Preserve diverse architectural design reflecting
phases of the city's history and encourage design
styles and construction methods and materials
that are compatible with the surrounding
neighborhood.

Promote and encourage continued private
ownership and utilization of structures now so
owned and used. Substantially comply with the
applicable Secretary of the Interior standards
and guidelines for the treatment of historic
properties. And there‘s a final finding that is
required for the adaptive reuse for a vacation
rental.

And that is to restore and rehabilitate
a historic structure and/or property excluding
second units which is listed or eligible for
listing on the State Register of Historic places
that has fallen into such a level of disrepair
that the economic benefits of the adaptive reuse
are necessary to stem further deterioration,
correct deficient conditions, or avoid demolition
as implemented in the conditions of project
approval.

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25 I think the Commission is fairly
familiar with the wine tasting use permit
findings of approval, so I won't dwell on those.

But we're really looking for —~ the question
comes down to are there potentially sensitive or
incompatible uses. And in architecture ——
there's not —— no changes to the architecture.

So, staff has provided recommendation
and resolution to support approval of the project
and also has provided alternative recommendations
for discussion of the Planning Commission. The
first recommendation is to approve the project as
proposed. And also, the number two option is to
recommend modifications or to provide direction
to staff to deny the amendment to the use permit
or a council —— Commission discretion. So,
staff's available for questions.

CHAIR LARRY BARNETT: Okay, thank you.

Before we move to staff questions, I'll pose my
now perennial question on applications which is
if any members of the Commission have had exparte
communications with interested parties on this
project?
Now would be the opportunity to
disclose those conversations. Which should

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include generally who you met with, the general
topic of conversation, and whatever else that you
feel the other members of the Commission and the
public would like to know about your
conversation.

COMMISSIONER SHEILA O'NEILL: I have
spoken with Jim Bohar about a month ago regarding
the neighborhood ——
CHAIR LARRY BARNETT: He's not an
interested party.

COMMISSIONER SHEILA O'NEILL: Okay.

I've met with Tom Thornley on two separate
occasions. The first was following the Sonoma
League for historic preservation award ceremony
where I briefly spoke to you. And the second
time was up at the property on Brazil Avenue that
you're working, that Tom's working on, and we did
discuss this project briefly. I have seen the
property when it was on Broker Tour as well.

CHAIR LARRY BARNETT: Thank you.

Anyone else? Mr. Barbose?
COMMISIONER STEVE BARBOSE: Apparently
not since neighbors don't count?
CHAIR LARRY BARNETT: NO, my
understanding and you can correct me if I'm

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wrong. And we have Mr. Ruderman on Zoom, do we
not Natalie?
PERMIT TECHNICIAN NATALIE LUNDEEN:

Yes.

CHAIR LARRY BARNETT: Okay. My
understanding that the definition of an
interested party is a party with a financial
interest in an application or a project. Now,
if Mr. Ruderman is listening, he can correct me.

I don't see him on my screen.

CITY ATTORNEY DAVID RUDERMAN: That is
correct. Can you not hear me?
CHAIR LARRY BARNETT: Yes, I can hear
you.

CITY ATTORNEY DAVID RUDERMAN: Okay.

Yeah, that is correct. It includes people who
have a financial interest as that term is defined
in the Political Reform Act. So, that would be
individuals who own property within 500 feet of
the site ~—
CHAIR LARRY BARNETT: SO, that it would
also include neighbors within 500 feet? They
would be considered —— MR. RUDERMAN: Correct.

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25 CHAIR LARRY BARNETT: —— interested
parties. Okay. So, I was wrong.

MR. RUDERMAN: Correct.

CHAIR LARRY BARNETT: Mr. Bohar does
qualify.

COMMISSIONER STEVE BARBOSE: Okay.

Well, I spoke with Jim Bohar yesterday and he
shared with me a number of concerns that he had
about this project. And I can elaborate on those
but it‘s basically opposition to the wine tasting
and the vacation rental.

CHAIR LARRY BARNETT: Okay. Others?
COMMISSIONER MATTHEW WIRICK: I Spoke
with Mr. Bohar I believe it was Monday around the
exact same topics, his issues around neighborhood
compatibility. And he introduced me to his
neighbor the gentleman here in the brown blazer
in front whose name I'm forgetting, Michael
Heplan.

CHAIR LARRY BARNETT: All right.

COMMISSIONER MATTHEW WIRICK: That is
it.

CHAIR LARRY BARNETT: And I also had a
conversation with Mr. Bohar in which he expressed
his concerns about the project as a neighbor.

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Anyone else? Okay. Well, now we'll go back to
the questions for staff regarding the staff
report.

By the way I asked that —~ I asked our
development director to have Mr. Ruderman present
at the meeting because I believe that there are
potentially some issues that require a legal
analysis to be able to deal with some of these
application requests. So, keep in mind that we
have our city attorney, land use attorney present
and you can ask him questions that come up in the
discussion as well. Okay. Any questions for
staff on this by members? Yes.

VICE CHAIR DONNA DAMBACH: Yeah, I'm
struggling to understand the discrepancy between
the 2018 permit. In particular item C which says
no food shall be prepared and I don't didn't see
that on a condition for approval in this. And
secondly E that says there will not be vacation
rentals. So, I'm wondering if the adaptive use
clause was available in 2018 why it wasn't used
and how do we —— how can we resolve these?
ASSOCIATE PLANNER KRISTINA TIERNEY: It
was a use. So, that was the mechanism for the
approval in 2018.

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25 COMMISSIONER DONNA CAMBACH: SO, but
there are some conditions then —— ASSOCIATE PLANNER KRISTINA TIERNEY:

There were there were conditions. I wasn't ~— I
wasn't there at the time. My understanding for
the kitchen, the limitation on the kitchen, is
because it's not a commercial kitchen. So, it
was not permitted through the county through
Environmental Health Services.

And so, in order to use it for a
commercial purpose they need to go through
additional permitting.

VICE CHAIR DONNA DAMBACH: Sure. I
guess that's knowing now that the adaptive reuse
was used in 2018 again, I'm questioning what's
different now?
ASSOCIATE PLANNER KRISTINA TIERNEY: I
VICE CHAIR DONNA DAMBACH: Because they
went a vacation rental now. And —~ ASSOCIATE PLANNER KRISTINATIERNEY:

Yes, they put —— they're asking for modifications
to expand the uses on the lower floor to allow
the wine tasting use permit and to allow the

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vacation rental on the Upper Floor instead of it
being a primary residence.

COMISSIONER DONNA DAMBACH: And then,
again, this the preparation of food was
explicitly called out in 2018 but I didn't notice
it in the new proposal.

ASSOCIATE PLANNER KRISTINA TIERNEY: I
don't think we have changed anything with there,
it might have been moved down but the there is a
condition of approval that would require them to
obtain all applicable permits. And so, in order
to use the kitchen, it's a health department
issue, it's not a use permit issue.

VICE CHAIR DONNA DAMBACH: Okay. Thank
you.

CHAIR LARRY BARNETT: Any other
questions? Mr. Barbose.

COMMISSIONER STEVE BARBOSE: I find
myself struggling to grasp the historical
underpinnings for the adaptive reuse here. This
isn't listed in any official registry either
state or local, is it?
ASSOCIATE PLANNER KRISTINA TIERNEY: It
is eligible for listing in the state as part of
the Train District.

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25 COMMISSIONER STEVE BARBOSE: Eligible
but not listed.

COMMUNITY DEVELOPMENT DIRECTOR JENNIFER
GATES: It's listed locally.

ASSOCIATE PLANNER KRISTINA TIERNEY:

It's listed locally.

COMISSIONER STEVE BARBOSE: And Where
is that?
ASSOCIATE PLANNER KRISTINA TIERNEY: On
the city council adopted, what year the train
District, '22 ——
COMMISSIONER STEVE BARBOSE: Okay.

ASSOCIATE PLANNER KRISTINA TIERNEY: We
did the Train District.

COMMISSIONER STEVE BARBOSE: In 2022?
ASSOCIATE PLANNER KRISTINA TIERNEY: I
think so.

COMMISSIONER STEVE BARBOSE: SO, What
was the historical underpinning for the adaptive
reuse in 2018?
ASSOCIATE PLANNER KRISTINA TIERNEY: It
—— there was an —— the analysis was based on the
League For Historic Preservation survey in 2018.

COMMISSIONER STEVE BARBOSE: Which said
what?

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ASSOCIATE PLANNER KRISTINA TIERNEY:

That it is historic. So, it's the way and I'll
let Jennifer comment on how it goes from there
and what the differences are, it's more her area
of expertise.

COMMUNITY DEVELOPMENT DIRECTOR JENNIFER
GATES: So, I did not look at the original
application and their —— and how they applied it.

My understanding is that prior to the city
undertaking an actual survey and completion of
the survey for the Train Historic District, the
League had done the survey. There's, sorry I get
them confused I apologize in advance, or the
Historical Society did the original survey. And
it's been done. So, this was the Cooperage in
the past used to make wine barrels, but then even
prior to that it was used for warehousing for the
train'station.

So, that history was already
established and that would be my understanding is
that's what they probably used in the
determination that it was eligible at that time
for listing. The ordinance itself has not
changed since 2016. We did look that up to see

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if things had changed since then. But it is now
a listed property.

COMMISSIONER STEVE BARBOSE: IS there
any way to know what the Commission was thinking
when it previously said no short—term rentals?
ASSOCIATE PLANNER KRISTINA TIERNEY:

Oh, so I believe that the historic resource
evaluation should be in the agenda packet. I'm
double—checking. And my under —— I obviously was
not there at the time, but the vacation rental
ban had already taken place. And so, my
understanding and I venture the Applicant can
comment too.

And this is just historically how we
handled projects at the time was if something
wasn't allowed we tried to specifically state it
in the conditions of approval. So, there have
been numerous use permits that have had to come
through the Planning Commission. One that comes
to mind is Vello where it said there shall be no
alcohol.

And we've had numerous use permits
where there were kind of restrictions that maybe
didn't necessarily need to be there. My guess is
just that the culture at the time we had the

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25 vacation rental ban that was enacted in 2017, and
that you know the provision is to try to support
housing and not vacation rentals. But that's
just my best guess.

COMMISSIONER STEVE BARBOSE: Okay, I
have one last no I have one last question and
that is what is the current status of the cities
allowing short~term vacation rentals? Are there
any circumstances under which people get those
put in the adaptive reuse to the side?
ASSOCIATE PLANNER KRISTINA TIERNEY:

So, they're banned citywide. The existing
permitted vacation rentals we have a list. Some
of them were legal non—conforming, some of them
obtained use permits, those are allowed to
continue provided they meet certain parameters.

They have to maintain a business license, pay
TOT, there's you know 10 or 15 requirements.

They are transferable from property
owner to property owner and then the only way to
get a new one is really through the adaptive
reuse provisions.

COMMISSIONER STEVE BARBOSE: Thank you.

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25 CHAIR LARRY BARNETT: Okay. Any other,
we're in the questions section of the program,
not comments.

ASSOCIATE PLANNER KRISTINA TIERNEY:

And I would, if I could just direct so the DPR
forms for the Train District are in the agenda
packet if anyone is interested in seeing those.

CHAIR LARRY BARNiTT: Okay. Any other
questions specifically for staff? No. Okay.

Then we will open this up for public comment.

How many people are interested in speaking
tonight?
All right, we're going to give the
Applicant a little more time because there may be
questions from the Commission for the Applicant
and in general, I would ask members of the public
who want to address the Commission to try to keep
your comments to 3 minutes. I am not going to
ask that the timer be used, but I will be
watching.

And if you start to go on too long, I’m
going to interrupt you. But I don't like the
timer. So, let's start the public hearing. And
Mr. Ross.

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MICHAEL ROSS: Good evening. I'd like
to present a brief PowerPoint presentation if
possible. And hopefully, it'll present.

Excellent.

Well, first off, I'd like to thank you
all for this opportunity. I'm here on behalf of
the owner, Leslie, and Mac McQuown. I am the
architect for the project. And before I make
this presentation, I would like to thank this
Commission as well as the Design Review
Commission and the Sonoma League For Historic
Preservation for all of its support for this
project over the years.

And we really believe this project has
been a wonderful addition now that it's complete
and the construction's over to the neighborhood.

And I'd like to provide a little bit of context
in the spirit of this request tonight.

Our Michael Woods real estate land use
attorney is going to speak to the consistency
with the development code and Tom Thornley the
contractor for the project that did an excellent
job for it will provide an overview of some of
the complexities and the issues that were
encountered during the construction process.

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25 But first of all, I'd like to address
the notion that Commissioner Barbose raised
about is this a historic building or not. And
in 2018 the owner commissioned Juliana Inman
architect and resource, historic resource
consultant for it.

And there's an HRE, historic resource
evaluation that was the basis of the 2018
proposal. And that found and I'm quoting here
that "the HRE found the icehouse building to be
an altered vernacular two~story stone and wood
frame building which exhibited good physical
integrity and was eligible," quote ”to retain its
1978 listing in the California Register Of
Historic Resources."
So, in that regard it's a historic
building in addition to it being a major
contributing factor to the Railroad Historic
District. Okay. So, the reasoning for this
application is during the construction period the
cost of the preservation and of the project was
considerable in time and money totaling
approximately $6 million above the other cost for
the project.

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The award—winning outcome, however, was
phenomenal. And the property is now for sale and
the goal of this application is to partially
offset the cost of preserving it that were
encountered along the way. And there were issues
that were totally unknown in 2018 that were
discovered a afterwards during this construction
period that if we would have known then what we
know now we probably would have asked for the
wine tasting use permit as well as the vacation
rental.

So, I know this is an odd thing to come
back retroactively and ask you for this
consideration, but it's really as a method to
increase the value potentially of the property to
assist in its resale.

And we believe that it's a modest
change in use. It's all indoors, it's probably
in the most acoustically attenuated building in
Sonoma. These thick, thick stone walls, no
outdoor use is being proposed, no food service is
being proposed, and we see the upstairs vacation
rental actually being linked to who the potential
owner of whoever the winery is and that there's
synergy between those two spaces. Okay?

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25 So, I'm going to provide an overview
some of this. You may already know so please
bear with me. In the 1900s the stone building
that we now call the icehouse was formerly known
as the Cooperage. It was built in 1906, the
stone building, the upper floor was not built
until 1923.

The upper floor is a wood frame stucco
clad residence. At that point there was living
above and work below, not unlike what were we're
proposing here, the potential to live above and
work below. The icehouse was —— has been in
continuous commercial use for approximately 114
years.

It has been used as an ice
manufacturing plant, a Cooperage, a brewery, an
armory, a US Naval Training Center, a garage, and
recently as an artist studio and bed and
breakfast. The bed and breakfast was eventually
shut down because it was an unreinforced masonry
building. In '19 or excuse me in 2014 a 6.0
earthquake severely damaged this building. The
Nappa earthquake we all remember it.

And at this point the building actually
needed rescue more so than preservation and it

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25 was in danger of collapse should another
earthquake come. The use was vacated and boarded
up, it was temporarily shored and stabilized, and
in 2018 we requested the use permit, and we thank
you for approving that.

And what we're asking you for now is
for us to modestly expand that use permit. All
other conditions of approval of the use permit
remain unchanged excepting for the indoor wine
tasting use permit and the ability to have the
vacation rental upstairs.

So, what are the complexities that we
found along the way? Tom can speak to this a
little later, but one of the first things that
were discovered is that there is an artesian well
that was under the structural slab. There was an
event where the jackhammer fell through and
almost the laborer too. It's 22 feet deep and
it's filled with water.

And we decided to preserve it and it
was a costly endeavor. And since this is a
public access first floor with the current use
permit, we thought it would actually be something
that would be unique that people could understand
that this building wasn't actually a Cooperage

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25 like we all call it, but it was actually an ice
making facility in the early 1900s.

I still don't understand the magic of
making ice back then, but this was the well that
_provided the water and now it's on —— preserved
and on display in the building. Other things
that were discovered along the way were severely
contaminated soils that needed to be removed,
abated, and cleaned, encapsulated.

And a very complex seismic
strengthening program. Couple this with COVID
and the time stretched out, the costs went up,
and the owner's idea about the project and her
desire to retain it started to change.

And now the building is up for sale,
but it leaves behind this legacy. This is the
space now after it's been retrofitted. This is
the area that would be for the wine tasting room.

This is its location as a key anchor in the City
of Sonoma Historic Train District. This is the
building today. State park on the side. And
some of the after pictures of this really
ambitious and fully committed preservation of a
historic building.

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25 So, if you think about it, it's the
private sector or nonprofits that are driving the
preservation of historic buildings in Sonoma.

And if this Commission can assist the private
sector to do it, I believe it is an excellent
thing for all of us to consider. Because it
takes a special type of owner who can actually
acquire a building like this, invest very heavily
in it, and leave behind good work like this.

And just by adding two small uses, the
wine tasting use and the vacation rental, it will
improve the ability for this project to go on to
the next owner and allow it to be part of the
public domain where people can enjoy it, come in
have a glass of wine, and not disturb the
neighbors.

So, I'm here asking your, with great
respect, for your decision here because I know
it's a relatively complicated one, asking your
approval of this amendment to the change of the
use permit. So, I'm available to answer any
questions and with that I would like to introduce
Michael Woods.

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25 CHAIR LARRY BARNETT: Before we do that
let's see if there's any questions for you. Mr.

Barbose.

COMMISSIONER STEVE BARBOSE: Well, if
we sort of look around town it seems like we've
had a lot of tasting rooms fall by the wayside.

Not being in the wine business, I can only
surmise that the cost of the plaza rents versus
the income generated by the tasting room leads
the owners to abandon that as a commercial
venture.

So, I'm just wondering given all the
money that's been put into this, and the
relatively small scale of this tasting room, how
is this tasting room going to recoup any.
significant sums that seemingly weren't available
to all these people who have gone out of
business?
MICHAEL ROSS: Right. Great question.

In a way what we're doing is describing an
imaginary buyer right now. And we see this as —— would be a trophy location for highlighting a brand and it's not necessarily about driving
revenue out of that room. It's really about

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25 anchoring the brand with quality which this
building is, and this property is.

And so, I see it more about brand
strengthening than driving revenue from glasses
of wine or sales.

COMMISSIONER STEVE BARBOSE: Thank you.

CHAIR LARRY BARNETT: Okay. Other
questions? I've got one. I noticed in your
survey of photographs an outdoor swimming pool
and what looks to be the area that surrounds it.

Is your application proposing that this area is
not allowed to be used?
MICHAEL ROSS: That swimming pool is
going to be associated with the residential uses
on the property which would be the ADU and the
upstairs unit well.

CHAIR LARRY BARNETT: Will the up ~—
but when you say residential uses are you saying
that the pool would not be available to vacation
rental guests?
MICHAEL ROSS: No, I'm not saying that.

CHAIR LARRY BARNETT: Okay.

MICHAEL ROSS: I'm saying that would be

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CHAIR LARRY BARNETT: So, there is an
outdoor potential for outdoor activities on this
property —— MICHAEL ROSS: What ——
CHAIR LARRY BARNETT: ~— at the pool?
MICHAEL ROSS: Commissioner Barnett, I
actually would say that that is something that
would need to be approved through the property
management plan. And since I haven't been privy
to what that might be but currently, I was going
to say that the pools associated with the
residential uses.

CHAIR LARRY BARNETT: Okay, but there
at present there is no residential use and the
Respondent —— and the ADU may end up being a
residential use and have the use of the pool.

But the upstairs of the unit is the future
residential use being proposed now for vacation
rental use in the meantime.

So, I'm just looking for clarity on
what in fact the activity level on this property
will be for up to six people and while and —— and
so, you're saying that that hasn't been defined
yet.

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25 MICHAEL ROSS: I think it's a valid
question and it hasn't been defined yet, so thank
you for the question. But I'm sure that we could
provide feedback on it or consider a restriction
on that use.

CHAIR LARRY BARNETT: Okay. Thank you.

Mr. Barbose.

MR. BARBOSE: I'm sorry I forgot my
other question that I wrote down. It has to do
with the artesian well. And it looks like the
shaft of it was somehow reinforced or concrete
was put in that so you can and lighting so you
can look down in it. Is that correct?
MICHAEL ROSS: Yes.

COMMISSIONER STEVE BARBOSE: Was there
a sort of a less costly solution to —— what to
do about the artesian well?
MICHAEL ROSS: Abandon it, and backfill
it, put a concrete slab on top of it.

COMMISSIONER STEVE BARBOSE: And just
in terms of price difference on those two what do
you estimate that was?
MICHAEL ROSS: I have no idea.

COMMISSIONER STEVE BARBOSE: Are we
talking millions?

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25 MICHAEL ROSS: No. The total cost of
the renovation is best addressed by Tom Thornley.

COMMISSIONER STEVE BARBOSE: Okay.

MICHAEL ROSS: But the cost of cleaning
up the soil, removing it, trucking it off very
long distances, the testing, the seismic retrofit
there is —~ this is a very complicated project
that required a lot of care, and it got it.

COMMISSIONER STEVE BARBOSE: Thanks.

CHAIR LARRY BARNETT: Okay and anyone
.I.
else with a question? I've got one more. You
made the statement that you might have altered
your proposed uses in 2018 if you knew then what
you know. Now, did I understand that correctly?
MICHAEL ROSS: Yeah, I was trying to —— we didn't go for a wine tasting use permit because the use of property at the time was
twofold. One it was going to be the second
residence of the owner and downstairs was going
to be a lifestyle retail shop.

And so, that was the desire of our
Applicant at the time. And but those —— that use
has changed. She has changed her mind, and she
now has decided to sell the property.

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CHAIR LARRY BARNETT: NO, I understand
that. My question is I guess I took as the
implication of your comment that what you knew
then versus what you know now was more related to
the nature of the workthat had to be done, not
the not the choice lifestyle choices of the
property owner.

MICHAEL ROSS: Yeah.

CHAIR LARRY BARNETT: Did I understand
that correctly?
MICHAEL ROSS: That's exactly correct.

CHAIR LARRY BARNETT: Okay. SO, then
my follow—up question to that is when did you
realize how expensive this project was actually
going to be and why did the applicant not come
forward sometime between now and six years ago to
request a modification of the application?
Because at some point in time you all
went my God this project is costing 10 times what
we thought it was going to be or whatever it was.

And so, I'm wondering why the ~~ why now at the
very end when the building is completed and the
rehabilitation completed and all this money
spent, why now is it that the request for the

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25 addendum or the change in the application now
instead of earlier?
MICHAEL ROSS: I think that's a great
question of the owner. I could surmise that she
was dedicated to completing the work and getting
it done so it could maximize the value of the
property. And also, provide her an opportunity
to say should I stay, or should I not stay? You
know there's private decision—making that happens
with everybody. But this decision wasn't made
until after the project was over.

CHAIR LARRY BARNETT: I see. Okay,
thank you. Yes.

VICE CHAIR DONNA DAMBACH: I have one
follow—up question, you know, along the same
lines. Because as I look at the breakdown of
costs that was provided by the Thornley
Construction, many of the costs are things that
would logically be rolled into the first permit.

You know, the seismic stabilization and
a lot of the asbestos. So, I'm, again, I'm I
understand the COVID shut down that was 50k, but
I'm just curious you know what percentage are we
talking about here? You know it looked —— it
seems like a lot of the sunk costs were already

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known because of what was permitted and the
request for that. So, if you have any color on
that I'd appreciate it.

MICHAEL ROSS: I think he cost question
should be addressed to Tom who's available here
tonight specifically. But on a project like this
it's near impossible to predict the future. And
—— or the levels of complexity that that's
associated with an old stone building.

And so, it's not surprising for me in
today's marketplace to see the cost of
construction double and like this one, and it
did. And now that it's for sale if we can assist
the sales to offset some of these costs that's
why I'm here. And I really believe that even
with granting this request, it's going to be a
good neighbor, it's not going to be the type of
loud and rowdy restaurant or something. It's
just quiet wine tasting inside of a large stone
building.

CHAIR LARRY BARNETT: Okay. Any other
questions? Seeing none, thank you, Michael.

MICHAEL ROSS: Thank you.

CHAIR LARRY BARNETT: Tom, did you want
to come up or was Mr. Woods going to proceed you?

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MICHAEL WOODS: Mr. Chairman,
Commissioners, Michael Woods. I'm an attorney
representing the property owners. I live on
First Street West my office is at 846 Broadway
here in town. Commissioner Barnett following up
on one of your questions regarding the timing of
the decision making on the project.

There were truly unforeseen conditions
that came about during construction. One of
those was discovering oil, not a good thing in
this context. We found out that there had been a
dry—cleaning plant not far from the property to
the south in the early part of the 20th century
and there had been a fuel oil driven boiler just
across the property line that leaked.

And so, we found hydrocarbons in the
water and brought in the Regional Water Quality
Control Board. Once you're under their
jurisdiction you're not going to stop the project
and come to the Planning Commission, frankly, and
ask for an amendment to the use permit.

You really couldn't have done that at
that time. There was a need to approach the
remediation in a way that was consistent with the
Water Board's jurisdiction and that's what we did

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25 at very considerable cost. During some of the
soil's remediation efforts I recall that the rear
building was actually elevated several feet into
the air and put on blocks and then chained back
to the earth in order to prevent it from blowing
away.

I mean these kinds of circumstances
came up during construction and Tom knows about
those better than I do. But I guess I would just
point out that there were sort of a cascading
range of issues that came up on the project
during construction that ultimately led the owner
to change course.

And the reason why there was no
discussion about a use permit for wine tasting or
for a vacation rental in 2018 was because that
wasn't part of the owner's plan. As Michael
indicated Mac and Leslie were planning to make
this a second residence here in the valley. They
had their own plans. Leslie had her own plans
for a lifestyle store on the ground floor.

And I think this cascading range of
events that occurred during construction affected
their decision as to whether they wanted to
continue owning the property or not. And they

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25 reached the decision that they would not. I
don't think that the use permit for the tasting
room is going to be an economic driver in the
sense of how much money would sales produce from
a given tasting?
I think the closest parallel to this,
at least in my experience, is the Vallejo—
Castenada Adobe that was approved under the
adaptive reuse provisions for an historic
structure back I think it was in 2012, 2013. And
at that time, we had 25 or 30 neighbors who were
very opposed to the project.

They were concerned about potential for
noise, potential for parking issues, they were
concerned I think that the operation of a tasting
room on the north side of West Spain Street
adjacent to Girl in the Fig that they'd had
issues with over the years would be replicated by
Three Sticks at the Vallejo—Castenada Adobe and
that wasn't the case.

Since that project was approved
consistent with the adaptive reuse findings, I
think there's been one neighbor that's expressed
concerns over the years. Hard to avoid something
like that on occasion, but by and large the

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25 conditions of approval that allowed investment in
that property saving that Adobe from ruin, that
allowed private tastings by appointment only,
strictly controlled and regulated has worked.

The building was preserved, and the
property has operated as more of a, I think, and
I don't I'm not speaking for the owners at this
point, but I think more as a branding kind of an
exercise and kind of a lifestyle choice where
someone that's interested in those wines also has
a destination location to go for a special
occasion for a wine tasting.

So, it's not what drives the economics
of an individual glass being poured or a bottle
being sold, it's much more organic, I would
expect, in the context of a brand overall. So, I
looked at the findings in the staff report for
compliance with the adaptive reuse ordinance. I
thought they were well drafted and compelling.

I think we meet all of the findings.

And obviously, it's in the Commission's
discretion to determine that, but I think you've
got a solid situation here with the conditions of
approval to where you can approve this consistent
with the adaptive reuse findings.

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25 I think it's important too to consider
just briefly what signal do we send to property
owners who are involved in historic renovation or
restoration in the City of Sonoma. If you're in
a project and you're trying to get it done,
perhaps you're hoping that you would be able to
come back to the Commission at some point and say
look an amendment would be appropriate here and
would help us recoup some of our costs that we
expended on an extraordinarily expensive project.

I don't think we want to send the
signal that you should shut the project down
until you come in and see what approvals you can
get, because that suggests that you're not going
to complete the historic restoration. And I
don't think that's a signal that we want to send.

So, I would recommend obviously on
behalf of the owner and request that you move
forward with approval. Happy to answer any
questions if I can.

CHAIR LARRY BARNETT: Yeah, I've got
one, two. Are you implying that this property
has become a financial hardship to the owner?
MICHAEL WOODS: Yes.

CHAIR LARRY BARNETT: You are?

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Sonoma City CouncilSeptember 4, 2024

Sonoma City Council
September 4, 2024