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 18, 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.
Page
6:00 P.M. – REGULAR MEETING
CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
ROLL CALL (Farrar-Rivas, Wellander, Ding, Lowe, Gurney)
REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
1. PRESENTATIONS
1.1: Evacuation and Emergency Preparedness Update from Chief of Police Cutting
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 September 4, 2024 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the Minutes.
09.04.2024 Regular Meeting Minutes
6 - 9
7.3: Accept the Expenditure Report for the Month of August 2024 (Prapti Aryal, Finance Director)
RECOMMENDATION: Accept report.
Agenda Report - Expenditures - August 2024 - Pdf
10 - 17
7.4: Adopt a Resolution Authorizing the City Manager to Execute a Professional 18 - 65
Services Agreement with GHD Inc. for Design of the Citywide Safety Bicycle and Pedestrian Improvements (CIP T-6) in the amount of $382,430 (Mike Berger, Public Works Director)
RECOMMENDATION: Adopt the Resolution.
Agenda Report - Contract - Go Sonoma Project CIP T-6 - Pdf
7.5: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Keyser Marston Associates in an Amount Not to Exceed $108,000 to Complete Housing Element Required Analyses (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Adopt the Resolution.
Agenda Report - KMA Inclusionary Contract - Pdf
66 - 94
7.6: Adopt a Resolution Reviewing the 5th Street East and East MacArthur Street Emergency Storm Drain Contract and Determining There is a Need to Continue the Action (Mike Berger, Public Works Director) RECOMMENDATION: Adopt the Resolution.
Agenda Report - Reviewing 5th Street East and East MacArthur Street Emergency Storm Drain Contract - Pdf
95 - 99
7.7: Adopt a Resolution Cancelling the Regular Meeting Scheduled for October 2, 2024, Scheduling a General Plan Special Study Session and Regular Meeting on October 14, 2024, and Scheduling an Additional Regular Meeting on October 21, 2024 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the Resolution.
Agenda Report - Regular Meeting Cancellation & Rescheduling - Pdf 100 - 101
8. PUBLIC HEARING
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
9.1: Hold a Public Meeting to Renew the Sonoma Tourism Improvement District (David Guhin, City Manager)
RECOMMENDATION: Hold a public meeting to renew the Sonoma Tourism Improvement District (STID).
Agenda Report - TID Public Meeting - Pdf
102 - 104
9.2: Adopt a Resolution Approving the Dedication of France Street Bridge to Former Mayor Larry Murphy and a Resolution Adopting a City Property and Infrastructure Naming Policy (Sarah Tracy, Senior Management Analyst/PIO) RECOMMENDATION: Staff recommends that the City Council adopt the resolutions thereby accomplishing the following:
1. Approve the dedication of the France Street Bridge to honor former Mayor Larry Murphy.
2. Authorize the installation of a bronze plaque on the bridge in his memory.
3. Adopt the proposed Naming and Dedication Policy to guide future naming requests.
Agenda Report - France Street Bridge Dedication & Naming Policy - Pdf 105 - 113
9.3: Adopt a Resolution Approving the Temporary Use of Field of Dreams "Fazio Field" by Transcendence Theater Company for a Summer Event Series June 2-22, August 1-17 and August 29- September 15, of 2025. The proposed resolution is exempt from the California Environmental Act (CEQA) under Sections 15304 (minor alterations of land), 15323 (normal operations of 114 - 147
facilities for public gatherings) and 15061(b)(3) (common sense exemption) of the CEQA Guidelines (Lisa Janson, Senior Management Analyst) RECOMMENDATION: Adopt a Resolution approving the use of Field of Dreams "Fazio Field" for Transcendence's 2025 Summer event series with the conditions recommended by the Special Events Committee.
Agenda Report - TTC Summer Series 2025 - Pdf
9.4: Designate the City of Sonoma Voting Delegate for the 2024 League of California Cities Annual Conference and Provide Direction on Proposed Resolution (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Designate the Voting Delegate and provide direction regarding the one submitted resolution, if desired.
Agenda Report - Pdf
148 - 176
9.5: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Hinderliter De Llamas & Associates (HdL Companies) for Business License Administrative Services, Short Term Rental (STR) Administrative Services and Transient Occupancy Tax (TOT) Administrative Services (Jennifer Gates, AICP, Community Development Center and Prapti Aryal, Finance Director)
RECOMMENDATION: Adopt the resolution.
Agenda Report - PSA - HdL Companies - Pdf
177 - 213
9.6: A Resolution Authorizing the City Manager to Execute a Professional Service Agreement with OpenGov for Cloud Budgeting & Planning Software and Implementation (Prapti Aryal, Finance Director)
RECOMMENDATION: Adopt the resolution Authorizing the City Manager to Execute a Professional Service Agreement with OpenGov for Cloud Budgeting & Planning Software and Implementation.
Agenda Report - OpenGov Budgeting & Planning Software - Pdf 214 - 235
9.7: Update on Fiscal Year 2023-24 Year End (Prapti Aryal, Finance Director) RECOMMENDATION: Receive the Fiscal Year 2023-24 year-end update.
Agenda Report - FY23-24 Year End Update - Pdf
236 - 247
10. SECOND COMMENTS FROM THE PUBLIC
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.
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.
11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Monique Saviez Burns, Deputy City Clerk
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.
In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
City of Sonoma's Commission and Committee Roster: Commission & Committee Roster 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.
Closed Session: If action is taken during a Closed Session meeting that is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".
Motion for Consideration: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.
City Council:
John Gurney, Mayor
Patricia Farrar-Rivas, Vice Mayor
Jack Ding
Ron Wellander
Sandra Lowe
REGULAR MEETING MINUTES
OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, September 4, 2024
6:00 PM Regular Meeting
Regular Meeting Minutes, September 4, 2024
6:00 P.M. – REGULAR MEETING
CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Vice Mayor Farrar-Rivas called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Council Member Wellander, Council Member Lowe, Council Member Ding, and Vice Mayor Farrar-Rivas
ABSENT: Mayor Gurney
REPORT ON CLOSED SESSION
There was no Closed Session held.
APPROVAL OF AGENDA
Motion by Council Member Lowe, seconded by Council Member Ding, to approve the agenda with item 9.1 moved to before item 8.1. Motion carried 4-0-1 with Council Member Lowe, Council Member Ding, Council Member Wellander, and Vice Mayor Farrar-Rivas voting YES, and Mayor Gurney absent.
1. PRESENTATIONS
Item 1.1: Proclamation Proclaiming September 15 - October 15, 2024, as Hispanic Heritage Month in the City of Sonoma
Item 1.2: Update on the 2024 Fire Season in Sonoma Valley by Sonoma Valley District Fire Chief Steve Akre
2. COMMENTS FROM THE PUBLIC
Michael Woods and Tom Conlon provided public comment.
3. MEETING DEDICATIONS
Council Member Ding dedicated the meeting to Juliet Courtial Smith.
4. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Lowe attended a Local Agency Formation Commission today, September 4, 2024.
Additionally, Council Member Lowe is dedicating a lot of her time working on Measure T, which is the Sales Tax Measure which will be on the November ballot.
Council Member Wellander attended a Northbay Watershed Association meeting on August 30, 2024.
Vice Mayor Farrar-Rivas attended a Sonoma Valley Community Advisory Committee meeting on August 28, 2024.
5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin acknowledged the Public Works team for their recent efforts to paint red curbs and work through traffic safety issues. He also provided an update on the Sonoma County Transit’s current transition to an all-electric bus fleet. Mr. Guhin made the public aware that the fiscal year 2024- 2025 budget book is now available online for the public to access. Additionally, there is readily available information on Measure T – the City’s revenue measure, which will be on the November 2024 ballot. City Manager Guhin also provided a reminder that the City will be holding a Cemetery Volunteer Clean-Up Day at Valley Cemetery from 9:00 AM – 12 Noon on September 21, 2024. Mr.
Guhin also stated that there are only two more Tuesday Night Markets left for this year, and they will be held at a slightly earlier time – 4:30 PM – 7:30 PM. He wanted to remind all that the Plaza palm tree lights will be turned off after the last Tuesday Night Market of the year and then will be turned back on again during the annual Holiday Lighting Ceremony. Lastly, City Manager Guhin announced that the nomination period for the 2025 Treasure Artist of the Year is now open and nominations can be made online via the City’s website. The nomination deadline will be 5PM on October 31, 2024.
Agenda Item #7.2:
Regular Meeting Minutes, September 4, 2024
6. CITY ATTORNEY COMMENTS
None.
7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Lowe, seconded by Council Member Ding, to approve the Consent Calendar with item 7.8 being pulled for separate discussion. Motion carried 4-0-1 with Council Member Lowe, Council Member Ding, Council Member Wellander, and Vice Mayor Farrar-Rivas voting YES, and Mayor Gurney absent.
Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 7.2: Receive the Minutes from the Regular Meeting of August 21, 2024 (Rebekah Barr, MMC, City Clerk)
Action: Minutes were received.
Item 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)
Action: Adopted as Resolution 65-2024.
Item 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 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)
Action: Adopted as Resolution 66-2024.
Item 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)
Action: Adopted as Resolution 67-2024.
Item 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)
Action: Adopted as Resolution 68-2024.
Item 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)
Action: Adopted as Resolution 69-2024.
Item 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)
Action: The item was pulled for a separate discussion. Adopted as Resolution 70- 2024.
Public Comment: Michael Woods and Tom Conlon
Motion by Council Member Wellander, seconded by Council Member Lowe, to 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. Motion carried 4-0-1 with Council Member Lowe, Council Member Ding, Council Member Wellander and Vice Mayor Farrar-Rivas voting YES, and Mayor Gurney absent.
Vice Mayor called for a recess at 7:45 PM; Council reconvened at 7:50 PM.
9. REGULAR CALENDAR – CITY COUNCIL
Item 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) Action: Adopted as Resolution 71-2024.
Agenda Item #7.2:
Regular Meeting Minutes, September 4, 2024
Public Comment: Lewis, Becky Robinson, Alex, Samantha, Molly Fabian, Sam Coturri, Chase, Sarah, Van Mangum, Nicki, Bronti Edwards, Carla Cabral, Curtis, Tom Conlon, Jordan Marr, Jennifer Burretta, Dayna Ghirardelli, Vickie Mulas, and Anthony Fernandez.
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.
8. PUBLIC HEARING
Item 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) Action: Item was continued to a subsequent meeting.
Council Disclosed any Ex-Parte Communications that have had, including:
▪ Council Member Wellander communicated with Tom Thorney, Alice Duffee, James Bohar, and one neighbor (cannot recall the specific name).
▪ Council Member Lowe communicated with James Bohar and Michael Woods. ▪ Council Member Ding communicated with Michael Woods, James Bohar, and Michael Heffler. ▪ Vice Mayor Farrar-Rivas communicated with Michael Ross, Michael Heffler, James Bohar, and Carrie Fog.
Public Comment: Michael Woods, Bruce Crawford, Tom Dunlap, Jim Bohar, Steve Wisegar, and Greg Smith.
Vice Mayor Farrar-Rivas called for a recess at 8:56 PM; Council reconvened at 9:01 PM.
Public Comment resumed: Carol Heffler, Andrea Huff, Michael Huff, Pete Weed, Carrie Fog, Nedra Peterson, Tom Conlon, Christine Bohar, Victor Zarzana, Peter Mathis, Victor Conforti, Michael Heffler, and Glen Ikemoto.
Motion by Council Member Lowe, seconded by Council Member Ding, to continue the public hearing to a date certain – October 2, 2024. Motion carried 4-0-1 with Council Member Wellander, Council Member Lowe, Council Member Ding, and Vice Mayor Farrar-Rivas voting YES, and Mayor Gurney absent.
9. REGULAR CALENDAR – CITY COUNCIL
Motion by Council Member Ding to continue item 9.2 to the next scheduled meeting.
Substitute motion by Council Member Lowe, seconded by Council Member Wellander, to continue the meeting to hear item 9.2. Motion carried 4-0-1 with Council Member Wellander, Council Member Ding, Council Member Lowe, and Vice Mayor Farrar-Rivas voting YES, and Mayor Gurney absent.
Item 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) Action: Adopted as Resolution 72-2024.
Vice Mayor Farrar-Rivas disclosed that she lives within 500 feet of this location.
Motion by Council Member Lowe, seconded by Council Member Ding, to Adopt 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. Motion carried 4-0-1 with Council Member Wellander, Council Member Lowe, Council Member Ding, and Vice Mayor Farrar-Rivas voting YES, and Mayor Gurney absent.
10. SECOND COMMENTS FROM THE PUBLIC
None.
10. ADJOURNMENT
Vice Mayor Farrar-Rivas adjourned the meeting at 10:38 p.m.
Agenda Item #7.2:
Regular Meeting Minutes, September 4, 2024
I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 18th of September 2024.
____________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Finance
Staff Contact
Prapti Aryal, Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of August 2024 Summary
The attached report shows disbursements for the month of August 2024.
Some departments in Fund 100 (General Fund) have higher percentages of budget vs actual due to the allocation of one-time payments for the annual CalPERS unfunded accrued liability (UAL). As noted during the FY2024-2025 budget process, departments with higher number of members in the Classic plan were allocated a larger UAL expense as the Classic UAL is more expensive than the PEPRA UAL ($731,634 vs $6,703 in FY24-25). Of the $2,992,267 in General Fund expenses for the month, $1,874,317 is for CalPERS UAL.
Paying UAL as a lump sum in July rather than in monthly installments allowed the City to take advantage of a 3.4% discount on interest charges.
The Community Activities department in the General Fund has a higher percentage of budget vs actual as a result of the disbursement of community grants this month. These grants were included in the FY2024-2025 approved budget.
A detailed list of disbursements is available at the web site indicated at the bottom of the report.
Recommended Council Action
Accept report.
Alternative Actions
Council discretion.
Financial Impact
Monthly Payables Report, August 2024
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Agenda Item #7.3:
Disbursement Report August 2024 (incl Fund Balance)
Fund Glossary
Agenda Item #7.3:
DISBURSEMENT REPORT AUGUST 2024
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 785,410 24,262,320 3% 11,613,152
City Council 41001 14,280 22,697 175,144 13%
City Clerk 41002 38,272 53,682 439,186 12%
City Manager 41003 108,106 311,889 1,409,847 22%
Finance 41004 59,584 95,548 686,037 14%
City Attorney 41005 15,523 15,571 272,584 6%
Police 42101 434,410 989,143 7,595,839 13%
Fire 42201 590,320 2,048,952 7,936,241 26%
Public Works - Admin 43020 45,953 105,766 655,793 16%
Public Works - Streets 43022 100,962 265,896 1,180,173 23% Public Works - Parks 43023 135,256 431,762 1,651,256 26% Planning 43030 84,121 115,992 1,288,154 9%
Building 43040 46,124 53,118 941,768 6%
Community Activities 43101 192,424 251,119 979,429 26%
Successor Agency 43199 10,269 16,422 174,568 9%
Non-Departmental 43200 79,396 125,506 922,875 14%
Emergency Response 43201 - - - 0%
Transfers - 27,658 809,716 3%
Total Gen Fund Exp 1,954,999 4,930,721 27,118,608 18%
Other Funds
Public Education & Gov 202 - - - 59,061 0% (3,447)
Strong Motion 203 6 - - - 0% 6,510
Asset Forfeiture 211 - - - - 0% 16,833
SLESF C.O.P.S Grant 217 - - - 100,000 0% 408,553
Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,196)
Schell Drainage 234 - - - - 0% 62,555
Abandoned Vehicle 240 - 384 384 - 0% (27,083)
Streets/Transport/Drain 301 2,535 - - 310,000 0% (1,607,351) Gas Tax 302 30,621 5,556 46,198 1,080,940 4% 621,327
SB-1Road Maint 303 2 - - 992,000 0% 685,309
Parks & Facilities 304 - - - 70,000 0% 99,194
Fire Measure H 312 - - - 548,700 0% -
Transportation Measure M 313 - - - 287,000 0% 365,502
Parks-In-Lieu/Quimby Act 314 3 - - 142,921 0% 329,318
Parks Measure M 315 1 - - 427,000 0% 498,529
Prop 68 Parks 316 - - - - 0% (185,190)
Successor Agency 391 - - 60,869 2,591,338 2% (20,887,416) CREBS 495 - - - - 0% (41,749)
2012 POB 498 - - - - 0% (5,271)
Cemetery Pre-need 500 - - - - 0% 12,454
Cemeteries 501 39,088 15,691 59,751 637,126 9% (2,039,743) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 780 - - 50,000 0% 767,401
Water Utility 510 1,595,389 550,424 712,916 6,789,397 11% 9,358,864 Water CIP 512 - - - 950,000 0% 947,333
Water Equip Replacement 513 - - - - 0% 703,848
EMS Equip Replacement 521 - - - - 0% 1,564
Mgmt Information Srvcs 601 84,378 19,206 68,799 608,159 11% 310,201 Vehicle Replacement 603 61,492 - 82,500 649,339 13% 1,535,770 Insurance 604 - - - - 0% 49,095
Bulding Maintenance 610 52,359 - - 35,000 0% 3,187,385
Computer Loan 614 - - - - 0% 63,038
Hardscape Maint 615 - - - - 0% 25,607
Admin Hearings 620 - - - - 0% 533
Grants Restricted 630 221,924 - - 360,000 0% 223,080
Culture Fine Art 701 - - - - 0% 11,949
Tree Trust 702 - - - - 0% 18,819
Public Art 703 - - - - 0% 19,463
Pool Scholarship 715 - - - 25,000 0% 222,546
Senior Housing 731 - - - - 0% 249,343
Housing Trust 732 - - - - 0% 2,112,539
IGT 796 - - - 519,613 0% 2,049,426
SVFRA Operations 798 9,891 - 434 - 0% 635,029
TOTAL 2,883,879 2,546,261 5,962,571 44,351,201 13%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.3:
City of Sonoma
CITY OF SONOMA
FUND DESCRIPTIONS
General Fund (Fund 100): The general operating fund of the City is used to account for all financial resources except those that require accounting in another fund.
Public Education & Government (Fund 202): Special revenue fund accumulates fees from telecommunication operators to support public, educational and government telecommunications, including broadcasting public meetings. Costs associated with acquiring equipment, renovating and constructing PEG-related facilities and broadcasting are paid from this fund.
Strong Motion (Fund 203): Accounts for State of California "strong motion" fees paid by building permit applicants. Funds are paid regularly to State Department of Conservation.
Asset Forfeiture (Fund 211): Accounts for funds received from seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate, crime. Funds are expended according to legal restrictions.
SLESF (Supplemental Law Enforcement Services Fund)/COPS (Citizen Option for Public Safety) (Fund 217): Supplemental law enforcement funding is distributed by the State to the County which passes through the funding to local agencies. These funds have traditionally been used to support the costs of the Community Service Officer staff in the Police Department.
Bond Property (Fund 220): The Bond Property, a six acre parcel located at 19990 Seventh Street, was bequeathed to the city in 1977 by Pauline Bond, for the purpose of “creating and maintaining a public park” and is now home to the Sonoma Garden Center. The parcel is leased to the Sonoma Ecology Center who maintains the property and administers public programs at the site. Not Currently Active Fund
Maysonnave Property (Fund 221): The Maysonnave Property, consisting of two parcels of land totaling
1.44 acres located at 291 and 289 First Street East, was bequeathed to the city in 1990 by Henri Maysonave for the purpose of “creating and maintaining a public park”. The parcel at 291 First Street East is leased to the League for Historic Preservation who maintains the property and administers public programs at the site while the parcel identified as 289 First Street East is leased to the Valley of the Moon Petanque Club, which maintains the property and administers public programs at that site. Not Currently Active Fund
Schell Drainage (Fund 234): Accounts for funds used for tracking of mitigation fees for specific projects.
Not Currently Active Fund
Abandoned Vehicle (Fund 240): Accounts for funds received from the Sonoma County Abandoned Vehicle Abatement (SCAVA) program and must be expended in compliance with legal restrictions.
Agenda Item #7.3:
City of Sonoma
Streets/Transport/Drain (Fund 301): This Capital Improvement Fund represents a transfer of funds from the General Fund to support improvements to the City's streets, sidewalks, bikeways, and storm drainage system.
Gas Tax (Fund 302): The State of California imposes per-gallon excise taxes and sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocations dedicated to transportation purposes. Gas taxes can be used for any street or road purpose; however, it is best practice to focus on maintenance and rehabilitation costs only.
SB-1 Road Maintenance (Fund 303): The Road Repair and Accountability Act of 2017 (SB1) increased per-gallon excise taxes and sales taxes on gasoline and diesel fuel, and vehicle registration taxes, stabilized price-based fuel tax rates and provided for inflationary adjustments to rates in future years.
Funds may be used for road maintenance and rehabilitation, safety projects, “complete street” components, and traffic control devices.
Parks & Facilities (Fund 304): This Capital Improvement Fund represents a transfer of funds from the General Fund to support improvements to the City's 17 parks encompass nearly 40 acres, nine play structures, two public restrooms, Class I bike trails, hiking trails, a duck pond, and a rose garden. Park needs that exceed the capacity of City and contract workers are included in this fund.
Fire Measure H (Fund 312): Sonoma County measure uses a ½ cent countywide sales tax to improve fire services.
Transportation Measure M (Fund 313): The Traffic Relief Act for Sonoma County (Measure M) provides for a ¼ cent sales tax that is apportioned to local jurisdictions to maintain their streets, as well as other County-wide street, highway, transit, and safe bicycle and pedestrian routes.
Parks-In-Lieu/Quimby Act (Fund 314): The 1975 Quimby Act (California Government Code §66477) authorized the City to pass ordinances requiring developers set aside land, donate conservation easements, or pay fees, which can only be used for new and rehabilitating existing parks and recreational facilities and cannot be used for the operation and maintenance of park facilities The City currently has a parkland dedication (exaction) requirement as a condition of approval for Tentative Subdivision Maps or Tentative Parcel Maps.
Parks Measure M (Fund 315): Sonoma County Parks Improvement, Water Quality and Fire Safety Measure (Measure M) is a one-eighth cent sales tax that supports Sonoma County’s regional and city parks
Prop 68 Parks (Fund 316): Known as the California Clean Water and Safe Parks Act, Proposition 68 allocates funds to construct and rehabilitate parks, implement water improvements for safe drinking water, increase recycling and flood protection, and encourage climate change adaptation projects.
Successor Agency (Fund 391): The City of Sonoma has elected to serve as the Successor Agency to the Sonoma Redevelopment Agency, which was dissolved by the State through the Redevelopment Dissolution Act in 2012. The City as Successor Agency receives pass through revenue when property taxes are remitted to the City by the County via RPTTF (Redevelopment Property Tax Trust Fund). The City then makes authorized payments from Successor Agency for expenses, such as debt service costs, contract services for contracts issued before the dissolution of the development agency, and other expenses, including legal services.
Agenda Item #7.3:
City of Sonoma
CREBS (Clean Renewable Energy Bonds) (Fund 495): Bonds to pay for solar projects at the Police Station and Corporation Yard. Not Currently Active Fund 2012 POB (Pension Obligation Bond) (Fund 498): Bond issued to refund the City’s side fund loan obligations to the California Public Employees’ Retirement System (CalPERS). Not Currently Active Fund Cemetery Pre-Need (Fund 500): Accounts for deposits paid for burial plots, crypts, and niches. Not Currently Active Fund
Cemeteries (Fund 501): Accounts for funding to support the City’s three cemeteries’ operations and maintenance, including burial and inurnment preparation and coordination, cemetery improvements, tree hazard assessment and abatement, grounds maintenance, mausoleum maintenance, road maintenance, and vandalism abatement.
Cemetery Replacement (Fund 502): Not Currently Active Fund Cemetery Endowment (Fund 504): The Cemetery Endowment Fund was created to record the income received from Cemetery sales that is designated as endowment care. The City’s Municipal Code defines endowment care as the general maintenance of the City’s three cemeteries that is necessitated by natural growth and ordinary wear.
Water Utility (Fund 510): This enterprise fund is responsible for the delivery of high quality, dependable water service for a variety of needs including consumption, irrigation, and fire protection. It operates and maintains 3 active City-owned tanks with a combined storage capacity of 5.5 million gallons, 7 production wells and appurtenant treatment facilities, 2 pump stations with a combined 140 horsepower maximum output, 56 miles of active water main ranging from 8” to 14” in diameter, 513 fire hydrants, and approximately 4,500 active service connections Water Construction in Progress (CIP) (Fund 512): This Capital Improvement Fund represents a transfer of funds from the Water Utility Fund to support improvements to the City's drinking water infrastructure. Projects include replacing aging water mains and appurtenances (e.g. tees, crosses, couplers, saddles, valves), neighborhood-scale water service replacement projects, renewing tank coatings and corrosion control systems, replacing well or pump station equipment, replacing Supervisory Control and Data Acquisition (SCADA) systems and equipment, improvements to well and pump station buildings (e.g. replacing roofs or electrical systems).
Water Equipment Replacement (Fund 513): Accounts for costs to replace water equipment. Not Currently Active Fund
EMS Equipment Replacement (Fund 521): Accounts for costs to replace EMS equipment.
Management Information Services (Fund 601): The fund provides a mechanism for funding the operational costs, maintenance, and planned replacement of installed computer systems, equipment, software, telephone systems and other critical electronic office equipment through annual transfers from other City departments and funds.
Agenda Item #7.3:
City of Sonoma
Vehicle Replacement (Fund 603): Accounts for costs to replace vehicles based on a depreciation schedule. Costs are distributed among user departments and transferred as approved in the annual budget process.
Insurance (Fund 604): Account from which liability, property, earthquake, vehicle, and other insurance premiums are paid. Funding is transferred from other City departments and funds on a pro rata share.
Not Currently Active Fund
Building Maintenance (Fund 610): The fund allows the City to set aside funding received through annual transfers made by other City departments and funds for future replacement or repair of certain items in City owned and maintained facilities.
Computer Loan (Fund 614): Created by the City Council in 2000 and funded by an initial transfer of $50,000 from the Employee Benefit Fund, this fund provides low interest loans to employees for the purchase of computers for both personal and professional use. Loans must be repaid through payroll deductions within two years.
Hardscape Maintenance (Fund 615): Accounts for the City's hardscape maintenance reserve programs.
Not Currently Active Fund
Administrative Hearings (Fund 620): Accounts for all activities of the City's Administrative Hearings as charged to departments. Not Currently Active Fund
Grants Restricted (Fund 630): The purpose of the fund is to separately track grant monies that are received and spent for capital improvement projects.
Culture Fine Art (Fund 701): Accounts for assets held to be used for cultural fine art programs. Not Currently Active Fund
Tree Trust (Fund 702): Accounts for assets held to be used for planting and replacement of trees. Not Currently Active Fund
Public Art (Fund 703): Accounts for assets held to be used for public art displays. Not Currently Active Fund
Pool Scholarship (Fund 715): In 2014, the City entered an agreement with Sonoma Valley Health and Recreation Association to support the construction of a swimming pool within the Sonoma Valley. The City’s financial commitment is for a total of $250,000 to be paid in 10 annual installments of $25,000 for the value of free and reduced-fee services to be provided to Sonoma Valley residents Senior Housing (Fund 731): Sonoma Creek Senior Housing is a thirty-four unit rental apartment complex for very low income senior citizens located on Oregon Street and administered by the Board of Directors of the Sonoma Community Housing Corporation (SCHC), a non-profit housing corporation created by the City’s Community Development Agency (CDA). The Board of the SCHC is comprised of two City Councilmembers, the City Manager, a staff member designated by the City Manager and a public member. The operation of the apartment complex is contracted out to Hank Fisher Properties, a rental management firm, with the resident managers being employed by the firm. All accounting and finance for the complex is handled through the rental management contract. Rental income is used to Agenda Item #7.3:
City of Sonoma
repay the indebtedness issued for the purchase of the complex and to cover annual maintenance and other operational costs. Not Currently Active Fund
Housing Trust (Fund 732): The fund accumulates and distributes funding in accordance with the City Council’s Affordable Housing Plan. The main source of funding is from General Fund transfers of one percent of the Transient Occupancy Tax.
IGT (Intergovernmental Transfer) (Fund 796): State of California program that provides an opportunity to receive federal matching funds to support health services for Medi-Cal Managed Care beneficiaries served by the Fire Department.
SVFRA (Sonoma Valley Fire Rescue Association) Operations (Fund 798): Accounts for operational activities in which revenues and expenses are split between the City and SVFD.
Agenda Item #7.3:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Public Works
Staff Contact
Ashley Cotter, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with GHD Inc. for Design of the Citywide Safety Bicycle and Pedestrian Improvements (CIP T-6) in the amount of $382,430
Summary
The City of Sonoma was awarded a grant through Measure M for the City's Citywide Safety Bicycle and Pedestrian Project, Project No. T-6. Measure M is a 1/4 cent sales tax for transportation. In 2020, Measure M was extended via the Go Sonoma Act. The 2023 Go Sonoma Strategic Implementation Plan includes projects from across Sonoma County. The City will receive $1,610,000 for the construction phase of this project. City Council approved a cooperative funding agreement with Sonoma County Transit Authority (SCTA) on August 21, 2024. SCTA is administering the grant funds.
This project will construct improvements to create a high-quality bike and pedestrian network, provide safe and well-maintained transportation infrastructure for pedestrians and bicyclists, and focus on strategies that support a walkable community. The project components consist of a new bicycle path to Sassarini Elementary, safety upgrades to the pedestrian crossing at Fifth Street West, and safety improvements at the crossing locations between the City of Sonoma's main bicycle path and City streets.
The City put out a Request for Proposals (RFP) for professional design services to assist City Staff with preliminary design/coordination, entitlement review, CEQA review, final design, permitting, and construction bid documents. The RFP was advertised on August 12, 2024, and four proposals were received on August 29, 2024. Staff reviewed and evaluated all proposals. Staff unanimously selected GHD, Inc. for this project based on their qualifications, local presence and working relationships, personnel competence, thoroughness of their proposal, proposed schedule, and previous relevant experience completing projects of similar size and scope.
This project is not slated to go to construction until Spring of 2026. This contract will span FY 2024-25 and 2025-26.
Recommended Council Action
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with GHD Inc. for Design of the Citywide Safety Bicycle and Pedestrian Improvements (CIP T-6) in the amount of $382,430.
Alternative Actions
Council discretion.
An alternative is not recommended at this time, as awarding this contract will help get the City Agenda Item #7.4:
on track for completion milestones with SCTA.
Financial Impact
The total contract amount is $382,530. This contract will span through Fiscal Year 2025 to Fiscal Year 2026. This project has an existing carryforward balance of $166,881. The City has budgeted $200,000 for FY 24-25 and $100,000 in 25-26 from General Fund 301. This brings the total available project funding from FY25 to FY26 to $466,881. Between the two fiscal years, there is enough funding for this contract without a budget adjustment.
Construction is estimated to be $1,610,000, however, the City is receiving Measure M funding for that phase of this project. All other phases of this project are City funded.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution GHD PSA
GHD PSA Go Sonoma Design
Alignment with Council Goals:
Not Applicable
Agenda Item #7.4:
City of Sonoma
RESOLUTION # ________- 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GHD IN THE AMOUNT OF $382,430 FOR DESIGN OF THE CITYWIDE BICYCLE AND PEDESTRIAN SAFETY IMPOVEMENTS PROJECT, CIP T-6
WHEREAS Sonoma County approved the Sonoma County Traffic Relief Act in 2004 (Measure M), as a ¼ sales tax for transportation; and
WHEREAS, in 2020 voters approved extending Measure M via the Go Sonoma Act without an increase in the existing tax rates; and
WHEREAS, the City of Sonoma currently has $1,610,000 programmed in the Go Sonoma Strategic Implementation Plan for the construction phase of the City’s Citywide Safety Bicycle and Pedestrian Improvements Project (CIP Project No. T-6); and WHEREAS, this project will construct improvements to create a high-quality bike and pedestrian network, and consists of a new bicycle path to Sassarini Elementary, safety upgrades to the pedestrian crossing at Fifth Street West, and safety improvements at the crossing locations between the City of Sonoma’s min bicycle path and City Streets; and WHEREAS, the City advertised a Request for Proposals on August 12, 2024, for design services for Citywide Bicycle and Pedestrian Safety Improvements; and WHEREAS, four proposals were received by August 29, 2024; and WHEREAS, staff reviewed and recommends GHD, Inc for the design of this project in the amount of $382,430.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby adopts this resolution to authorize the City Manager to execute a professional services agreement with GHD, Inc. for $382,430; and
PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of Sonoma on this 18th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
John Gurney, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
336577.1 Page 1 of 25
Approved for use 12/28/2023
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN PROFESSIONALS
(City of Sonoma / GHD, Inc.)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sonoma, a California municipal corporation (“City”), and GHD, Inc. a California Corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: design services for CIP T-6, Citywide Bicycle and Pedestrian Safety Improvements.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 City has relied upon the professional ability and training of the Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release. Consultant represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultant shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
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3. DEFINITIONS
3.1 “Agreement Administrator”: The Agreement Administrator for this project is Mike Berger, Director of Public Works. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
3.2 “Approved Fee Schedule” means such compensation rates are set forth in the Consultant’s 8/29/2024 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means September 18, 2024.
3.4 “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.5 “Design Professional Project Administrator” is Bill Silva, PE and will be the principal point of contact for the Consultant.
3.6 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Three Hundred Eighty-Two Thousand Four Hundred Thirty Dollars ($382,430).
3.7 “Scope of Services” means such professional services as are set forth in Consultant’s 8/29/2024 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.8 “Termination Date” means June 30, 2026.
Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
336577.1 Page 3 of 25
Approved for use 12/28/2023
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with section 16 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONSULTANT’S DUTIES
5.1 Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with the City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:
5.1.1 Only the City Public Works Director or City Council may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Public Works Director’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
5.1.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the Agreement Administrator of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall provide extra compensation to the Consultant on a fair and Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
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equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be executed by the Consultant and be approved by the City in accordance with its purchasing policy.
5.1.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.
5.2 Consultant Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.3 Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.4 Budgetary Notification. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City.
Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
336577.1 Page 5 of 25
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5.5 Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.6 No Known Relationships. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or (iii) present a significant opportunity for the disclosure of confidential information.
5.7 Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.8 Campaign Contribution Disclosure. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. That statute requires Consultant to disclose any campaign contribution by the Consultant or the Consultant’s agent to City Councilmembers or other City officials of more than two-hundred and fifty dollars ($250) in the aggregate within the preceding twelve (12) months. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, with Consultant’s execution of this Agreement.
5.9 City Retains Responsibility for Contracting. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
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preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.
5.10 Appropriate Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Design Professional Project Administrator shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.11 Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.12 Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.13 Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.14 Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
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Approved for use 12/28/2023
shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
6. SUBCONTRACTING
6.1 General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2 Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3 Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subcontractors (including labor) only at Consultant’s actual cost plus an approved mark up as set forth in the Approved Fee Schedule, Exhibit B.
Consultant shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.
Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
7. COMPENSATION
7.1 General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services.
Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
336577.1 Page 8 of 25
Approved for use 12/28/2023
7.2 Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4 Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6 City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7 Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
8. PREVAILING WAGE
8.1 Prevailing Wage Law Applies. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
336577.1 Page 9 of 25
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“maintenance” projects including the design and preconstruction phases of a covered public works project. This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code.
8.2 Indemnification; Prevailing Wage Law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
10. RELATIONSHIP OF PARTIES
10.1 General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
10.2 No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3 Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of Agenda Item #7.4:
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this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law, subject to the caveats included in this Agreement. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
Agenda Item #7.4:
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As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole negligence, active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.4 Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.6 Waiver of Statutory Immunity. The obligations of Consultant under this section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
Agenda Item #7.4:
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11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.8 Offset. City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section 11 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
11.9 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10 Civil Code. The parties are aware of the provisions of Civil Code Section 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this section 11 complies therewith.
11.11 Indemnification of CalPERS Determination. In the event that Consultant claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or Agenda Item #7.4:
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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.12 No Employment Benefits. Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. INSURANCE
12.1 Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2 Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Citywide Bicycle and Pedestrian Safety Improvements, CIP T-6.
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3 Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, Agenda Item #7.4:
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$4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $4,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (i) the minimum coverage and limits specified in this Agreement, or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
12.4 General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5 Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
Agenda Item #7.4:
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12.6 Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).
12.7 Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for three years after the completion of the work by one of the following: (i) renewal of the existing policy; (ii) an extended reporting period endorsement; or (iii) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8 Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ClaimsMade Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9 Subcontractors. Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subcontractors in his or her sole discretion.
Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
12.10 Proof of Renewal. Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing Agenda Item #7.4:
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at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
12.11 Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sonoma must be endorsed as an additional insured for each policy required herein, including the general liability and automobile policies, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.12 Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.13 Notices. Contractor shall provide immediate written notice if (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; (iii) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired Agenda Item #7.4:
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policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sonoma, Attn: Ashley Cotter, No. 1 The Plaza, Sonoma, California 95476.
12.14 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.15 Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
12.16 Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.
12.17 Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
Agenda Item #7.4:
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12.18 Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
13. MUTUAL COOPERATION
13.1 City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2 Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Mike Berger
City of Sonoma
Public Works
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
Facsimile: (707) 938-3240
Email: [email protected]
If to Consultant:
Bill Silva
GHD, Inc.
2235 Mercury Way, Ste 150
Santa Rosa, CA, 95407
Telephone: (707) 484-8236
Email: [email protected]
With courtesy copy to:
Agenda Item #7.4:
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David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.14 (Records), section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
16. TERMINATION
16.1 City Termination. The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in section 14 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the Public Works Director in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this paragraph 16.1, Agenda Item #7.4:
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Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.
16.2 Consultant Termination. Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause.
Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
16.3 Termination for Material Breach. Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event.
Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.
16.4 Remedies. In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in paragraph 3.6 above and as otherwise provided in this Agreement.
17. INTERPRETATION OF AGREEMENT
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2 Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument Agenda Item #7.4:
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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 here from shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3 Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4 Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6 No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
18. GENERAL PROVISIONS
18.1 Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is Agenda Item #7.4:
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legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2 Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3 Non-assignment. Both parties shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the other party’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4 Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5 No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6 Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7 Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition Agenda Item #7.4:
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(cancer-related), marital status, ancestry, or sexual 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. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8 Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9 Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10 Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
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18.11 Attorneys’ Fees. In the event of a dispute arising out of the terms of this Agreement, including any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.
18.12 Venue. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13 Living Wage. Nonprofit service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12- month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.
18.14 Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
18.15 Recitals. The Recitals are incorporated by this reference. [Signatures on following page]
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336577.1 Page 25 of 25
Approved for use 12/28/2023
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
Signature
Printed: David Guhin
Title: City Manager
Date:______________________
“Consultant”
GHD, Inc.
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:________________________
Agenda Item #7.4:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
336577.1 Page 26 of 1
Approved for use 12/28/2023
“EXHIBIT A”
Scope of Work
Agenda Item #7.4:
04 | Project approach
Exhibit A
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 30 As part of this task order, GHD will fully scope
the project with the City, prepare environmental
documentation, collect background data,
conduct topographic and right-of-way surveys
(at select locations), coordinate with utility
owners where adjustments and/or relocations
are required, assist the City with stakeholder
coordination for the Sassarini Elementary School
trail connection, establish right of way needs,
complete project design, prepare construction
documents and provide support during bid phase
and construction.
This project is funded by a combination of SB
1, local agency, and GoSonoma funds and will
not require services for funding procurement or
processing. However, GHD can provide support
to the City to assist with quarterly reporting
requirements for the GoSonoma funding.
4.2 Project approach
With our project understanding and longstanding relationship with the City, including development of 100's of projects over the last 18
years, GHD's approach to this project will be to
act as an extension of staff, keeping the City in
constant communication of project development
and apprised when decisions are needed. We
have identified several critical elements to
complete the project delivery in the following
sub-sections.
4.2.1 Surveys
Topographic survey will be completed for each
element listed in the project understanding, with
exception to Component 7 for the miscellaneous
crosswalk improvements. Component 7 will be
completed on existing aerial imagery only, as no
hardscape surface improvements are anticipated.
Right-of-way survey will be completed for
Component 6, which includes the proposed
Class I trail. Other improvements will be assumed
to be within the City right-of-way, as the work is
assumed to be within City right-of-way and/or
will not extend beyond existing back of sidewalk.
4.1 Project understanding
Based on initial discussion with the City, SCTA
and preliminary estimates of the project prepared
by GHD, the project will include the following
seven components:
1. Raised crosswalk and crosswalk
enhancements (upgraded advanced signage,
striping and markings) at the Sonoma Main
Bicycle Path crossing of Junipero Serra Drive.
2. Crosswalk enhancements (upgraded
advanced signage, signage, striping and
markings and pedestrian curb ramps) at
Robinson Road, Joaquin Drive, Second Street
East and Fourth Street East.
3. Crosswalk enhancements (upgraded
advanced signage, signage, striping and
markings, rectangular rapid flashing beacons
and pedestrian curb ramps) at Fifth Street
West, First Street West, and First Street East.
4. New pedestrian ramps, signs and crosswalk at
Seventh Street West and West Spain Street.
5. Pedestrian refuge and rectangular rapid
flashing beacon system Fifth Street West and
Studley Avenue.
6. A new Class I pathway connecting from
Andriuex Street to Sassarini School
(approximately 800 to 1200 linear feet)
7. Miscellaneous crosswalk pavement marking
and sign improvements (various locations to
be determined).
04 | Project approach
Visualizations of item 1, 5 and 6 are
presented on the following page. We
show crosswalk enhancement and
pedestrian safety measures, and the
section of new pathway leading to and
from Sassarini School.
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 31 Project visualization
Raised crosswalk and crosswalk enhancements (upgraded
advanced signage, striping and markings) like those
proposed where the main bicycle path crosses Junipero
Serra Drive.
Pedestrian refuge and rectangular
rapid flashing beacon system at
intersection of Fifth Street West and
Studley Avenue.
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 32 A new Class I pathway – between 800 and
1200 feet – connecting Andrieux Street and
Sassarini School.
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 33 designed on an aerial image basemap. Our scope
assumes that there may be one or two locations
that will be field fit without preparation of grading
details. Specific areas to be surveyed and
included are listed in the task for project surveys.
Project design will follow the City’s typical format
(Parts I through V for specifications) and utilize
Caltrans standard plans and specifications and
the City’s Standard Plans.
We anticipate that this project will require
coordination with utility service providers where
the project includes hardscape improvements,
including the following utilities:
− SCWA – Sanitary sewer and storm drainage
− PG&E – Electric and gas
− ATT and CableCom (Comcast) –
Communication lines
− City of Sonoma – Water and storm drainage
4.2.5 Right-of-way
It is not anticipated that a Caltrans encroachment
permit will be required for the project as work
zones will be outside of Caltrans right-of-way.
Property rights may be required at the Sassarini
Elementary School and Sonoma Valley Hospital
parking lot property. Consistent with previous
projects, it is assumed that the City will contract
directly with a right-of-way agent to acquire
needed property. The GHD team will support
the City by producing right-of-way needs maps
and plat map/legal descriptions required for the
property acquisition.
Our scope of work is outlined below for your
review and consideration. Our fee to deliver this
work is provided in a separate envelope.
4.3 Scope of work
Task 1 | Project management
and coordination
This task includes project administration,
coordination, kickoff and review meetings,
environmental review, and quality control as
stated in the following sub-sections:
Task 1.1 Internal coordination and administration
− Budget and schedule tracking
− Provide project and contract oversight
4.2.2 Environmental documentation
The project will require compliance with the
California Environmental Quality Act (CEQA),
with the City acting as the CEQA lead agency.
Based on GHD's preliminary desktop review,
we anticipate the project will qualify for a
combination of categorical exemptions under
applicable sections of the CEQA Guidelines.
GHD will prepare categorical exemption
documentation for the project, including a
Notice of Exemption form and a supporting
memorandum describing the project, the
qualifying exemption(s), and an evaluation of the
project against the list of exceptions outlined in
Section 15300.2 of the CEQA Guidelines.
4.2.3 Stakeholder and public meetings
With anticipated right-of-way needs at Sassarini
Elementary School and the surrounding
property, GHD will support the City by attending
meetings with those stakeholders and preparing
graphics, where necessary, showing potential
improvements.
It is anticipated that the City will need to meet
with Sonoma Valley Unified School District,
Sonoma Valley Hospital and potentially
some private land holders, for up to three (3)
stakeholder meetings.
In addition, GHD will support the City by
attending up to two (2) public meetings that may
include Traffic Safety Committee Meetings or
City Council Meetings.
4.2.4 Design
The project will require full scoping prior to
completing environmental documentation
and collecting field survey and geotechnical
investigation. GHD will complete a preliminary
task to coordinate and confirm project scope
with the City prior to the design tasks. Upon
completion of the preliminary task, topographic
and right-of-way surveys will be completed
(along with any geotechnical field investigations
required) to reduce costs of a piecemealed
approach requiring additional mobilizations.
The project will utilize existing topographic survey
and right-of-way survey from previous projects,
where available. Certain improvements (primarily
crosswalk marking and signing improvements,
but potentially curb ramp reconstruction) will be
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 34 Task 2.2 Preliminary plans
Preliminary plans will be prepared to facilitate
field review, development of a concept-level
design, discussions with the City and preparation
of an opinion of probable construction cost for
the project. The preliminary plans will show the
limits of work included with the project, existing
base map supplemented with approximate
locations of existing utilities as shown in
schematic mapping from the various utilities,
and schematic of proposed improvements to be
included in the project.
Deliverables | Preliminary Plans as electronic
copy (.pdf)
Task 2.3 Summary memo
GHD will prepare and submit a summary “basis
of design” memo and Opinion of Probable
Construction Cost (at concept level). The
memo will include: project scoping, including
proposed curb ramp reconstruction; Class I
pathway; crosswalk marking improvements; curb
extensions; and raised crosswalks.
GHD will provide construction unit cost estimates
(opinion of construction cost) based on
anticipated project scope.
GHD will discuss findings and recommendations
with the City on the draft summary memo
and will revise and finalize the summary
memo incorporating all comments and final
recommendations. The preliminary plans
completed in the previous subtask will be
included as an attachment to the Summary
Memo.
Deliverables | Draft and Final Summary Memo
(Word and electronic .pdf)
Task 3 – Stakeholder engagement
This task includes support to the City for
stakeholder and public outreach efforts for the
Sassarini Elementary School Class I pathway
portion of the project, including direct outreach
to adjacent project neighbors and stakeholders
specifically at Sonoma Valley Health Care District
(Sonoma Valley Hospital) and Sonoma Valley
Unified School District (Sassarini Elementary
School).
Task 3.1 Prepare graphics for stakeholder meetings
GHD will create a visualization(s) for up to two
Task 1.2 Project meetings
− GHD’s Project Manager and Assistant Project
Manager will attend one (1) on-site kick-off
meeting and field visit/site walk to review
existing conditions. This meeting and field visit
is anticipated to take one day.
− GHD’s Project Manager and/or Assistant
Project Manager (as-needed) will attend
recurring bi-weekly Teams (remote) meetings,
which include general coordination, progress,
design review and other items requiring
discussion. A total of twenty-four (24)
meetings are anticipated. These biweekly
meetings will include design review meetings
after each submittal. Agendas/notes for biweekly meetings will be simple agenda notes style and distributed after meetings. Generally,
the meetings will be scheduled for 30-minute
durations.
Deliverables | Preparation of meeting agendas,
notes, and as-needed progress reports. Meeting
notes will be submitted within 5 working days of
the meeting.
Task 1.3 Constructability review and QA/QC
GHD will complete QA/QC and constructability
review by a senior civil engineer and construction
inspector prior to submittal of final plans,
specifications and estimate.
Deliverables | None
Task 2 – Project scoping
The purpose of this task is to confirm the
project scope prior to initiating design tasks.
This includes confirming improvements to be
considered for inclusion in the project and fully
scoping subsequent survey and/or geotechnical
investigations, as required.
Task 2.1 Meet and complete site visit with City
GHD will schedule and meet with City
representatives in the field to review project
locations, including all bullet listed items in
our project understanding and approach.
All locations have been predetermined, with
exception to the miscellaneous crosswalk
upgrades. Prior to the field meeting, GHD and the
City will review potential locations for crosswalk
upgrades over a remote Teams meeting prior to
the field meeting.
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 35 Wetlands Inventory, California Natural Diversity
Database, Cortese List, and similar online
sources. This effort will also include a site visit
to photo document project areas, and to assess
existing conditions, including potential tree
removals along the proposed new Class I pathway
adjacent to a stream next to Sassarini School.
If the review does not identify any significant
effects that will occur and the exceptions listed
in Section 15300.2 of the CEQA Guidelines
are found not to apply to the project, GHD will
submit the memorandum and a completed Notice
of Exemption form for review. GHD will then
assist in filing a Notice of Exemption form with
the County Clerk and submitting the form to
the State Clearinghouse to close out the CEQA
process for the project.
Deliverables | Draft and Final Notice of
Exemption and CEQA Review Memorandum
Task 5 – Project surveys and geotechnical
investigations
GHD is including subconsultants Cinquini and
Passarino and Miller Pacific Engineering Group to
complete related survey and geotechnical tasks.
Task 5.1 Topographic survey and right-of-way
surveys
The topographic survey will be at a drawing scale
of 1 inch = 20 feet, unless otherwise requested,
with a one-foot contour interval. The survey
coverage areas will include:
− Sassarini School Trail | Mapping will include
the areas outlined in blue in the diagram below.
Right of way lines will also be shown based
upon the adjacent record maps.
(2) unique locations using site photos. GHD will
provide one (1) photoshopped image per location.
The images will provide a before and after picture
of the site showing the visual impacts associated
with the development. Image views for each
location will be set up to highlight the advantages
of each option, as well as their visual impact from
selected viewpoints.
Deliverables | Electronic graphics (.pdf)
Task 3.2 Stakeholder meetings
GHD will prepare agenda and attend up to three
(3) individual or group stakeholder meetings. It is
assumed meetings will be held in-person at City
facilities.
Deliverables | Agenda and meeting notes for
each meeting
Task 7.3 Public meetings
GHD will prepare agenda and attend up to two (2)
public meetings. It is assumed meetings will be
held at City facilities.
Deliverables | Agenda and meeting notes for
each meeting
Task 4 – Environmental documentation
This task includes preparation of categorical
exemption documentation for the project,
including a Notice of Exemption form and a
supporting memorandum describing the project,
the qualifying exemption(s), and an evaluation of
the project against the list of exceptions outlined
in Section 15300.2 of the CEQA Guidelines.
Environmental analysis of the project will include:
− Project location relative to sensitive
environments
− Identification and analysis of cumulative
impacts
− Potential impacts on the environment due to
unusual circumstances
− Project location relative to scenic highways
− Project location relative to lists compiled
pursuant to Government Code Section
65962.5
− Potential adverse changes to historical
resources
This effort will include a records search of
documentation referencing cultural resource
records, as well as review of the National
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 36 readily available regional geologic mapping from
published sources and geotechnical background
information from our in-house library. We will
perform a detailed site reconnaissance to
observe and document existing site conditions
and perform our subsurface exploration. We
anticipate subsurface exploration will need to
be performed during holiday/weekend hours (or
over summer break) to avoid conflicts with the
active school campus. Subsurface exploration
will include one day of drilling using manual hand
auger equipment. We anticipate completing five
to six soil borings, extending to a maximum depth
of about 3-feet below the ground surface. We will
collect bulk samples of the subgrade materials
and composite them into a single sample for
laboratory R-value testing.
We will analyze the data and prepare brief
geotechnical investigation letter report including:
− Brief description of geologic and groundwater
conditions based on our exploration
− Seismicity evaluation including 2022 CBC
criteria
− Criteria for site grading, including demolition,
new fill quality and compaction criteria
− Criteria and recommendations for concrete
flatwork
− Criteria and recommendations for asphalt
pavements
− Other geotechnical items relevant to the
project
Our report will include our exploratory boring
logs, laboratory test results and other supporting
data for design and construction of the project.
Deliverables | Draft and Final Geotechnical
Report (.pdf)
Task 5.2.2 Supplemental consultation and plan review
Following completion of our Phase 1 scope of
service, we will be available to consult with the
design team to respond to any geotechnical
issues that may arise during the design and
permitting process. We should review the plans
as they near completion to determine whether
the intent of our recommendations has been
suitably incorporated. We should prepare a
Geotechnical Plan Review letter for submittal
to the City, as is typically required for building
permit issuance.
− Main Bike Path Intersections | Includes
topographic mapping for the Robinson Road,
Joaquin Drive and Junipero Sierra Drive
crossings of the main bike path and the various
roads. Right of way lines will be shown based
upon record maps.
− Main Bike Path Curb Ramps | Includes
topographic mapping for curb ramps (curb
returns, mapping will extend along pathway
25 feet from the curb return and will extend
to the centerline o the road and 50 feet along
the road to the apparent right of way at Fifth
Street West, First Street West (west curb ramp
only), First Street East (east curb ramp only),
Second Street East and Fourth Street East.
Topographic survey will include all necessary
work to produce a topographic map, including
features such as, but not limited to; building
corners and elevations, curb lines, water meters,
sewer cleanouts, valves, manholes (including
rim, invert and pipe information), utility markings
on the pavement, utility poles, driveway and
doorway locations, sidewalks, trees four (4)
inches and larger, retaining wall or decorative
walls, and any other pertinent information
that could apply to the project during design.
Topographic map to horizontally relate to
California Coordinate System of Zone 2 and
NAVD 1988 Vertical Datum.
Please note: a boundary survey is not a part of
this scope of work, as described above.
The survey tasks assumed that all survey will
be performed after entire project scope is
confirmed (i.e. will not survey some elements
initially and then mobilize multiple times to collect
field survey for other items).
Deliverables | Sealed hardcopy of Topographic
Survey Map (the Autocad “dwg” used to create
the hardcopy will also be provided for your
convenience)
Task 5.2 Geotechnical investigation
Miller Pacific Engineering Group will provide
geotechnical services for the Sassarini
Elementary School trail only. It is assumed that
other improvements do not require geotechnical
services.
Task 5.2.1 Geotechnical investigation
Phase 1 services will include a brief review of
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 37 Anticipated plan sheets
Sheet no. Drawing no. Drawing title
1 G-001 Sheet Title and Drawing Index
2 G-002 General Notes, Legend and Abbreviations
3 G-003 Survey Control and Key Map 1
4 G-004 Survey Control and Key Map 2
5 G-005 Survey Control and Key Map 3
6 G-006 Survey Control and Key Map 4
7 G-007 Typical Details 1
8 G-008 Typical Details 2
9 C-101 Improvement Plan – Main Bike Path at Robinson Road 10 C-102 Improvement Pan – Raised Crosswalk at Junipero Serra Drive 11 C-103 Improvement Plan – Main Bike Path at Joaquin Drive 12 C-104 Improvement Plan – Main Bike Path at Fifth Street West 13 C-105 Improvement Plan – Main Bike Path at First St East/First St West 14 C-106 Improvement Plan – Main Bike Path at Second Street East 15 C-107 Improvement Plan – Main Bike Path a Fourth Street East 16 C-108 Improvement Plan – Seventh Street West and W. Spain Street 17 C-109 Improvement Plan – Fifth Street West and Studley Street 18 C-110 Improvement Plan and Profile – Sassarini School Class I Pathway 1 19 C-111 Improvement Plan and Profile – Sassarini School Class I Pathway 2 20 C-112 Improvement Plan and Profile – Sassarini School Class I Pathway 3 21 C-113 Improvement Plan – Miscellaneous Crosswalk Improvements 1 22 C-114 Improvement Plan – Miscellaneous Crosswalk Improvements 2 23 C-115 Improvement Plan – Miscellaneous Crosswalk Improvements 3 24 C-501 Project Details 1
25 C-502 Project Details 2
26 C-503 Project Details 3
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 38 − Specifications | Submit electronic copies (.pdf
and Word) of the project specifications to the
City for review
− Opinion of probable construction costs |
Submit an electronic copy (.pdf) to the City for
review
Task 6.3 Plans, specifications and estimate – 100%
(final/contract documents)
This task is to complete bid package/construction document preparation. − Deliverables | Final Contract Documents –
deliver an electronic copy of the Contract
Documents (.pdf) to BPXpress for bid
reproduction. Also deliver one electronic
copy (low-resolution .pdf) of the Contract
Documents to the City for posting on the
City’s website. And, including 95% review
comments matrix.
− Final opinion of probable construction costs
| Deliver an electronic copy (.pdf) of the final
opinion of probable construction costs
Task 7 – Right-of-way and utility
coordination
Task 7.1 Right-of-way engineering
This task includes preparation of draft legal
descriptions and plats for review for the Sassarini
School Trail. It is assumed that up to three (3)
legal descriptions and plats will be needed. Once
comments are received and addressed, the legal
descriptions and plats will be finalized for the
City’s use. This proposal assumes the City will
provide any title reports for any affected parcels
where easements are required.
It is anticipated that up to three legal descriptions
and plats will be required.
Deliverables | Draft and Final sealed Legal
Description and Plat Map (up to three each) (.pdf)
Task 7.2 Coordination with the City’s right-of-way
agent
It is assumed that the City will contract directly
with a right-of-way agent to acquire any needed
property rights for the project, specifically
for the Sassarini Elementary School Class I
pathway portion of the project. GHD will provide
coordination assistance between the City and
contracted Right-of-Way agent and attend up to
three (3) meetings (remote), as needed.
Deliverables | None
Task 6 – Design documents
Project plans will utilize both targeted
topographic mapping at all sites (with exception
to Component 5 where only aerial base map will
be utilized) with the City’s existing aerial imagery
as the basemap. Existing targeted topographic
information will be utilized to augment the
City’s aerial basemap information. Plans will be
prepared at a scale of 1”=20’ (1”=40’ half size;
unless otherwise approved by the City) using
AutoCAD Civil 3D 2020, or later version on GHD
title block and CAD Standards.
Design will be in accordance with City of
Sonoma Standards and State of California
Standards (Caltrans 2022 or 2023) where
applicable. Consistent with past projects, the
Specifications will follow the City’s standard
for Front End Documents (Parts Nos. 1-4) and
Technical Specifications (Part No. 5). Technical
specifications will align with Caltrans Standard
Specifications Sections. Comments and
recommendations provided by the City will be
incorporated into each submittal.
It is assumed that the City will distribute each
submittal and return one comment review
package. Each submittal will include plans,
front end documents (Part Nos. 1-4), technical
specifications (Part No. 5), and an opinion of
probable construction costs.
Please note: geotechnical coordination and
review is not included, with the exception of
Sassarini trail design.
Task 6.1 Plans, specifications and estimate – 65%
− Deliverables | Plans – submit electronic copies
22”x34” (.pdf) to the City for review
− Specifications | Submit electronic copies (.pdf
and Word) of the project specifications to the
City for review
− Opinion of probable construction costs |
Submit an electronic copy (.pdf) to the City for
review
Task 6.2 Plans, specifications and estimate – 95%
− Deliverables | Plans – submit electronic plan
copies 22”x34” (.pdf) to the City for review, as
well as 65% review comments matrix/response
to comments
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 39 of construction contract bids and award of
contract, including the following tasks.
Task 8.1 Coordinate with BPXpress
Coordinate with the City and BPXpress to deliver
the final PS&E packages for the respective
projects and advertise the projects.
Task 8.2 Prepare addenda
Respond to technical inquiries during bidding via
written addenda. This scope is based upon the
preparation of up to one (1) written addendum.
Addenda are assumed to be related to changes to
or interpretations of the Bid Documents and will
be submitted as PDFs to BPXpress. CAD/graphics
time is not included in this scope of work.
Task 8.3 Construction contractor bidding and
award
Attend bid opening at the City, assist the City
with the evaluation of the bids, and prepare
the staff report recommending award of the
contract.
Task 9 – Office engineering support during
construction (OPTIONAL)
This task includes engineering support during
coordination during construction. This scope
of services assumes that the City will cover
construction management and inspection of the
project.
Task 9.1 Pre-construction meeting
− The Project Manager will attend one (1) preconstruction meeting Task 9.2 Submittals
− Coordinate, manage, and review up to ten (10)
submittals, including maintaining a submittal
log
− Provide technical review and response
Task 9.3 Request for information/contract change
orders (RFIs/CCOs)
− Manage Contractor correspondence including
Requests for Information (RFI’s), and Potential
Contract Change Orders (CCO’s), including
technical/engineering assistance and review,
maintaining logs, prepare, transmit and
coordinate with other parties to develop
responses.
Deliverables | None
Task 7.3 Utility coordination
It is anticipated that the following utilities will
require coordination:
− (CableCom for Comcast) Cable Television;
adjustment of utility covers to grade
− (AT&T) Telephone; adjustment of utility covers
to grade
− (PG&E) Electric; adjustment of utility covers to
grade
− (City) adjustment of utility covers to grade
Thorough utility research and communication
are required. To this extent, initial notification
of the project should be made early in project
development.
GHD will prepare and send Utility Letters A, B and
C to the various utilities with appropriate 65%,
95% and 100% complete plans, respectively.
Requested information will include as-built plans
of existing facilities in the project area and utility
schematic mapping.
GHD will prepare the Utility Conflict Map and the
Caltrans Reports of Investigations.
GHD will prepare the Notices to Owners on City
letterhead and will send them to City for printing,
signature, and mailing.
GHD will also coordinate work with utilities and
review facility relocation designs provided by the
utility companies, including relocation schedules,
to ensure they are consistent with the project
design and proposed ROW.
Deliverables
− Mailing list
− Utility Conflict Map as a separate DWG file
− Utility Conflict Map as 11”x17” .pdf files
− Completed Notices to Owners
− Right-of-Way Clearance Memo – after all
utility conflicts have been resolved, a Utility
Clearance Memo will be issued that clearly
lists all conflicts, locations, the NTO numbers
and issued date, liability, and estimated
completion date for incorporation into the
right-of-way certification by others.
Task 8 – Bid phase support
This task is to perform Construction Bid and
Award Phase Services, including the solicitation
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 40 review, such as an Initial Study/Mitigated
Negative Declaration, GHD can assist the
City with such services under a contract
amendment.
− No known cultural resources are anticipated
to be identified during the cultural resources
record search.
− Environmental documentation is limited to
CEQA support services and does not include
assistance related to NEPA, regulatory agency
permitting, or Phase 1 or 2 environmental site
assessments.
− Utility relocation design for non-City owned
facilities will be provided by the utility owner.
− Utility relocation design for City owned
facilities is excluded, but can be added as a
contract amendment, if required.
− Design of post-construction storm water
quality features (BMPs) is excluded as
the project features routine maintenance
activities and/or a stand-alone pathway, thus
is exempt from these requirements. These
services can be provided by GHD through a
contract amendment, if required.
− We are assuming that existing surveys, where
available, will used for design. Existing aerial
mapping (furnished by the City) will be utilized
for crosswalk pavement marking upgrades and
curb ramp field fits. We will collect topo and
right of way as stated in our scope of work.
4.5 Project schedule
The schedule is to be ready for construction
advertisement by December 2025, per the
GoSonoma funding programming.
− Allowance for up to one (1) Change Order and
five (5) RFIs.
Task 9.4 Final documentation
Formal record drawings will be prepared for the
project based on Contractor and/or Construction
Manager provided as-built red-lines for accurate
documentation of all changes to the project
during construction. Time for record drawing
preparation consists of transferring handwritten
red-lines into CAD and producing one (1) full size
set of Mylars for the City. It is assumed that the
City Inspector will red-line the Specifications
by hand for the City project file and no work
is needed from GHD regarding Specifications.
GHD will assist the City in preparing final project
closeout documents including the following:
− Approved submittals
− Notice of Completion to accompany Staff
Report for City Council (City to record)
− Project retention documentation and
correspondence
Deliverables | One (1) full size set of Mylar plans
for City records
4.4 Assumptions
− Utility potholing is not included in this scope of
work.
− Geotechnical engineering and
recommendations are not required (with the
exception of the proposed Sassarini School
trail alignment).
− City will furnish most current aerial imagery for
use as existing conditions base map in areas
where topographic mapping is not required/
provided.
− Consistent with past projects, it is assumed
that any yellow thermoplastic stripe removed
as part of the project will be considered a
hazardous waste with special provisions to
accommodate the work, unless directed
otherwise by the City.
− City Staff will perform day-to-day
construction management and inspection
during construction.
− The project is anticipated to qualify for
CEQA categorical exemptions. If services
are required due to a different level of CEQA
Our draft project schedule to meet
GoSonoma requirements is presented
on the following page for review and
discussion with the City.
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 41 Preliminary project schedule
Agenda Item #7.4:
Agenda Item #7.4:
GHD City of Sonoma Engineering Design for Citywide Pedestrian & Bicycle Safety Improvements 42
4.6 Project controls
4.6.1 Quality control
GHD is an ISO 9001 qualified firm and will
use our internal quality assurance process
for compliance with these requirements.
Independent quality control checks will be made
by a Senior Engineer prior to deliverable submittal
to the City. QC review sheets and items can be
provided to the City upon request. Further, we
will prepare response to comments on every
submittal review provided by the City.
4.6.2 Budget control
GHD has developed a Work Breakdown Structure
(WBS; presented in our fee package) consistent
with the fee budget and schedule to align effort
and time. Tasks are assigned based on clear
deliverable and tracked during the course of the
work to control budget.
4.6.3 Schedule control
Schedule updates will be prepared monthly.
Communication protocols will be established
that allow for easy of e-mail and phone calling
between the City and GHD PM. Calls and
e-mails will be returned with 48-hours. In
addition, a biweekly team meeting with the City
will completed to discuss scope, schedule and
budget on a regular basis
4.7 Project issues and risks
We've identified some key issues and risks related
to stakeholder and right-of-way needs, as well
as solutions to address them.
The City needs permission to design and
construct the Sassarini School Trail from both
the Sonoma Valley Unified School District
and Sonoma Valley Hospital. We've included
meetings with these stakeholders early in the
process to help facilitate this element with the
City.
In addition, the GoSonoma funding schedule
must be met. We have met previously with the
City and SCTA on the funding requirements and
understand importance of on-time delivery, with
construction commencing by December 2025
per our schedule.
00 Sometimes zero
is a good thing.
We have a mature safety culture.
GHD is committed to providing
a safe environment that promotes
occupational health, zero workplace
fatalities, and zero injury days.
Agenda Item #7.4:
336577.1
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.4:
Citywide Bicycle and Pedestrian Safety Improvements Project 12637326
City of Sonoma
Description PD/QC PM Traffic Eng.
APM/Project
Eng. Staff Eng
Senior Env.
Planner
Env.
Planner Env Planner PA
Engagemen
t
Coordinator Total Hours Labor Total CPI MPEG Subs Markup Total
Subcontractors
Cultural
Records
Search
Other Direct
Costs (Travel,
Mileage) Disb. Markup Disb. Fee
Total
Disbursements
Estimated
Project Total
Bill Silva Matt Wargula Frank Penry Roman Beltran Hugo/Alice Brian
Baccarini Sam Moose
Ryder
Burliss
Crystal
Prairie
Emily
Shandy
$293 $252 $252 $201 $187 $238 $187 $153 $116 $201
Task1 Project Management and Coordination 34 26 0 44 16 12 0 0 16 12 160 $35,474 $0 $0 $0 $0 $0 $500 $25 $2,128 $2,653 $38,127 Subtask 1.1 Internal Coordination and Adminstration 2 6 0 12 0 0 0 0 16 0 36 $6,366 $0 $0 $0 $0 $0 $0 $0 $382 $382 $6,748 Subtask 1.2 Project Meetings 0 20 0 32 16 12 0 0 0 12 92 $19,732 $0 $0 $0 $0 $0 $500 $25 $1,184 $1,709 $21,441 Subtask 1.3 Constructability Review and QA/QC 32 0 0 0 0 0 0 0 0 0 32 $9,376 $0 $0 $0 $0 $0 $0 $0 $563 $563 $9,939 Task2 Project Scoping 0 16 0 34 82 0 0 0 0 0 132 $26,200 $0 $0 $0 $0 $0 $0 $0 $1,572 $1,572 $27,772 Subtask 2.1 Meet and Complete Site Visit with City 0 10 0 10 10 0 0 0 0 0 30 $6,400 $0 $0 $0 $0 $0 $0 $0 $384 $384 $6,784 Subtask 2.2 Preliminary Plans 0 0 0 8 32 0 0 0 0 0 40 $7,592 $0 $0 $0 $0 $0 $0 $0 $456 $456 $8,048 Subtask 2.3 Summary Memo 0 6 0 16 40 0 0 0 0 0 62 $12,208 $0 $0 $0 $0 $0 $0 $0 $732 $732 $12,940 Task3 Stakeholder/Public Engagement 0 22 0 30 32 0 0 0 0 38 122 $25,196 $0 $0 $0 $0 $0 $500 $25 $1,512 $2,037 $27,233 Subtask 3.1 Prepare Graphics for Stakeholder Meetings 0 2 0 10 32 0 0 0 0 6 50 $9,704 $0 $0 $0 $0 $0 $0 $0 $582 $582 $10,286 Subtask 3.2 Stakeholder/Public Meetings 0 20 0 20 0 0 0 0 0 32 72 $15,492 $0 $0 $0 $0 $0 $500 $25 $930 $1,455 $16,947 Task4 Environmental Documentation 0 2 0 0 0 8 20 20 0 0 50 $9,208 $0 $0 $0 $0 $500 $0 $25 $552 $1,077 $10,285 Subtask 4.1 Environmental Documentation 0 2 0 0 0 8 20 20 0 0 50 $9,208 $0 $0 $0 $0 $500 $0 $25 $552 $1,077 $10,285 Task5 Project Surveys and Geotechnical Investigation 0 4 0 10 0 0 0 0 0 0 14 $3,018 $45,890 $7,500 $5,339 $58,729 $0 $0 $0 $181 $181 $61,928 Subtask 5.1 Topographic Survey and Right-of-Way Surveys (Excluding misc. curb ramps) 0 1 0 4 0 0 0 0 0 0 5 $1,056 $45,890 $0 $4,589 $50,479 $0 $0 $0 $63 $63 $51,598 Subtask 5.2 Geotechnical Investigation 0 1 0 4 0 0 0 0 0 0 5 $1,056 $0 $6,500 $650 $7,150 $0 $0 $0 $63 $63 $8,269 Subtask 5.3 Supplemental Consultation and Plan Review 0 2 0 2 0 0 0 0 0 0 4 $906 $0 $1,000 $100 $1,100 $0 $0 $0 $54 $54 $2,060 Task6 Design Documents 0 38 20 140 596 0 0 0 16 0 810 $156,064 $0 $0 $0 $0 $0 $0 $0 $9,364 $9,364 $165,428 Subtask 6.1 Plans, Specifications and Estimate - 65% 0 16 8 60 248 0 0 0 0 0 332 $64,484 $0 $0 $0 $0 $0 $0 $0 $3,869 $3,869 $68,353 Subtask 6.2 Plans, Specifications and Estimate - 95% 0 12 8 48 208 0 0 0 8 0 284 $54,512 $0 $0 $0 $0 $0 $0 $0 $3,271 $3,271 $57,783 Subtask 6.3 Plans, Specifications and Estimate - 100% 0 10 4 32 140 0 0 0 8 0 194 $37,068 $0 $0 $0 $0 $0 $0 $0 $2,224 $2,224 $39,292 Task7 Right-of-Way and Utility Coordination 0 6 0 28 44 0 0 0 0 0 78 $15,368 $5,260 $0 $526 $5,786 $0 $0 $0 $922 $922 $22,076 Subtask 7.1 Right-of-Way Engineering 0 2 0 4 4 0 0 0 0 0 10 $2,056 $5,260 $0 $526 $5,786 $0 $0 $0 $123 $123 $7,965 Subtask 7.2 Coordination with the City's Right-of-Way Agent 0 2 0 12 0 0 0 0 0 0 14 $2,916 $0 $0 $0 $0 $0 $0 $0 $175 $175 $3,091 Subtask 7.3 Utility Coordination 0 2 0 12 40 0 0 0 0 0 54 $10,396 $0 $0 $0 $0 $0 $0 $0 $624 $624 $11,020 Task8 Bid Phase Support 0 2 0 12 16 0 0 0 0 0 30 $5,908 0 0 0 $0 $0 0 $0 $354 $354 $6,262 Subtask 8.1 Coordinate with BPXpress 0 2 0 4 0 0 0 0 0 0 6 $1,308 $0 $0 $0 $0 $0 $0 $0 $78 $78 $1,386 Subtask 8.2 Prepare Addenda 0 0 0 4 8 0 0 0 0 0 12 $2,300 $0 $0 $0 $0 $0 $0 $0 $138 $138 $2,438 Subtask 8.3 Construction Bidding and Award 0 0 0 4 8 0 0 0 0 0 12 $2,300 $0 $0 $0 $0 $0 $0 $0 $138 $138 $2,438 Task9 Office Engineering Support during Construction 0 4 0 30 80 0 0 0 0 0 114 $21,998 0 0 0 $0 0 0 0 $1,320 $1,320 $23,318 Subtask 9.1 Pre-Construction Meeting 0 2 0 2 0 0 0 0 0 0 4 $906 $0 $0 $0 $0 $0 $0 $0 $54 $54 $960 Subtask 9.2 Submittals 0 0 0 12 40 0 0 0 0 0 52 $9,892 $0 $0 $0 $0 $0 $0 $0 $594 $594 $10,486 Subtask 9.3 Request for Information/Contract Change Orders 0 2 0 12 20 0 0 0 0 0 34 $6,656 $0 $0 $0 $0 $0 $0 $0 $399 $399 $7,055 Subtask 9.4 Final Documentation 0 0 0 4 20 0 0 0 0 0 24 $4,544 $0 $0 $0 $0 $0 $0 $0 $273 $273 $4,817 Total Labor Hours 34 120 20 328 866 20 20 20 32 50 1510 $298,434 $51,150 $7,500 $5,865 $64,515 $500 $1,000 $75 $17,906 $19,481 $382,430 x Estimated Project Total $9,962 $30,240 $5,040 $65,928 $161,942 $4,760 $3,740 $3,060 $3,712 $10,050 1510 $298,434 $51,150 $7,500 $5,865 $64,515 $500 $1,000 $75 $17,906 $19,481 $382,430 Exhibit B
Agenda Item #7.4:
336577.1
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.4:
336577.1
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.
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.
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.
A City Councilmember or other City official who received a campaign contribution of more than $250 within the
preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she returns the portion of a campaign contribution in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of
a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed
corporation is a party to a proceeding, the majority
shareholder is subject to these provisions.
To determine whether you or your agent made a campaign
contribution of more than $250 to a City Councilmember or other City official within the preceding 12 months, you must aggregate all such contributions.
Names of current City Councilmembers and other City officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any City Councilmember or other City official within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) □ Check here If no contributions have been made to any Councilmember or other City official in the preceding 12 months.
(e) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Keyser Marston Associates in an Amount Not to Exceed $108,000 to Complete Housing Element Required Analyses
Summary
In 2023, the City adopted a Housing Element that included a number of programs to further housing development in the City. Staff is requesting assistance in completion of two of these programs by a specialized consultant.
Program 1 of the Housing Element states that “the City will reevaluate its current (Inclusionary Housing) ordinance to ensure that the provisions remain appropriate and do not impede the development of housing and are effective in providing an affordable component to new development.”
Program 6 of the City’s Housing Element specifies that the City will “evaluate programs that disincentivize second units, such as the property tax used by the City of Oakland or a real-estate transfer tax.”
Staff asked KMA for assistance in completing these two Housing Element Programs given their specialty in real estate policy and economics and their prior experience in the City completing the nexus analyses for residential and commercial housing impact fees and the inlieu fee.
The scope includes two distinct projects, one for each Program. The Inclusionary Housing Analysis will include the feasibility study, in-lieu fee analysis update if necessitated by the feasibility analysis, and context materials such as comparison data from other like cities. The Second Homes Policy Study includes researching existing programs and their applicability in a jurisdiction our size. The total budget for the contract is not exceed $108,000.
Recommended Council Action
Adopt the Resolution authorizing the City Manager to execute the Professional Services Agreement with KMA in an amount not to exceed $108,000.
Alternative Actions
City Council discretion.
Financial Impact
The contract will be funded by the $102,000 allocated in FY 24-25 for Housing Element Agenda Item #7.5:
Implementation (Account 100-43030-347-50347) and staff will bring a mid-year adjustment to move $6,000 unallocated funds in the same account.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
CC Resolution PSA KMA
Contract and Scope of Work PSA KMA
Alignment with Council Goals:
HOUSING
Agenda Item #7.5:
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 KEYSER MARSTON ASSOCIATES TO COMPLETE HOUSING ELEMENT
REQUIRED ANALYSES
WHEREAS, the City of Sonoma (“the City”) Housing Element identifies a number of programs to be implemented by the City to further housing development; and WHEREAS, the City desires assistance in completing Program 1 inclusionary housing feasibility analysis and Program 6 second unit disincentive programs; and WHEREAS, Keyser Marston Associates is familiar with the City and previously prepared nexus analyses for residential and commercial housing impact fees.
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 KMA to complete the proposed scope of work in the amount not to exceed $108,000 through June 30, 2025.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 18th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
John Gurney, Mayor
ATTEST:
__________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1 Page 1 of 21
Approved for use 12/28/2023
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(City of Sonoma / Keyser Marston Associates)
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 Keyser Marston Associates, Inc., a California corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: To prepare a feasibility study, in-lieu fee analysis, and context materials to assess Sonoma’s inclusionary housing ordinance; and research and summarize the key features of existing programs designed to discourage second homes.
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 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.
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1 Page 2 of 21
Approved for use 12/28/2023
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 September 3, 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 Harriet Ragozin. 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 One Hundred Eight Thousand Dollars ($ 108,000).
3.6 “Scope of Services” means such professional services as are set forth in Consultant’s September 3, 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
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 Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1 Page 3 of 21
Approved for use 12/28/2023
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 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 Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1 Page 4 of 21
Approved for use 12/28/2023
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 (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 Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
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Approved for use 12/28/2023
(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 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 Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
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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 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 Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1 Page 7 of 21
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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, with the exception of Consultant’s proprietary computer models, without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
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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 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 Agenda Item #7.5:
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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 statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
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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, 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 Agenda Item #7.5:
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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.
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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.
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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.
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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 #7.5:
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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 #7.5:
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(City of Sonoma / KMA)
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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 #7.5:
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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 #7.5:
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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.
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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 #7.5:
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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]
Agenda Item #7.5:
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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:________________________
Agenda Item #7.5:
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(City of Sonoma / KMA)
336531.1
Approved for use 12/28/2023
“EXHIBIT A”
Scope of Work
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1
CAMPAIGN CONTRIBUTION
DISCLOSURE PROVISIONS
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 returned to the City with your
application.
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
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
Agenda Item #7.5:
Professional Services Agreement
(City of Sonoma / KMA)
336531.1
corporation are agents. When a closed corporation
is a party to a proceeding, the majority shareholder
is subject to these provisions.
Signature
Date Phone
Agenda Item #7.5:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Public Works
Staff Contact
Michael Berger, Public Works Director
Agenda Item Title
Adopt a Resolution Reviewing the 5th Street East and East MacArthur Street Emergency Storm Drain Contract and Determining There is a Need to Continue the Action.
Summary
On September 4th, City Council authorized an emergency contract with Granite, Inc. for emergency storm drain repairs at the intersection of Fifth Street East and East MacArthur Street. Under Public Contract Code 20168 and 22050, the City Council may, upon a four-fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency, and repair or replace a public facility, take directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to acquire contracts. Once authorized, the City Council shall review the emergency action at its next regularly scheduled meeting and a every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.
After the September 4th City Council meeting, Public Works staff provided Granite Construction Company with a contract for the work authorized. Granite is currently processing the contract and procuring the required bonds and insurance in order to proceed. Scheduling staff with Granite have confirmed that they will be able to start construction on September 23, 2024. Public Works staff are currently working with Granite on project submittals and scheduling utility potholing and project surveying field work for the week of September 16th, 2024.
Recommended Council Action
Adopt the attached resolution reviewing the Council's emergency action and determining by a four-fifths vote that there is a need to continue the action.
Alternative Actions
Council discretion.
Financial Impact
City Council approved a construction contract for $163,250, and a total project budget of $189,599.41 at the September 4th City Council Meeting. No additional funding is needed at this time.
Environmental Review Status
Environmental Impact Report Approved/Certified
Agenda Item #7.6:
Negative Declaration
Exempt
Not Applicable
No Action Required
Action Requested
Attachments
Resolution Reviewing and Determining Need to Continue Emergency Public Works at 5th Street East and East MacArthur
Alignment with Council Goals:
Not Applicable
Agenda Item #7.6:
City of Sonoma
RESOLUTION # _______ - 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA REVIEWING THE EMERGENCY ACTION TAKEN UNDER RESOLUTION 72-2024 AUTHORIZING THE CITY
MANAGER TO EXECUTE CONSTRUCTION CONTRACTS FOR URGENT AND NECESSARY REPAIRS TO THE INTERSECTION OF 5TH STREET EAST / EAST MACARTHUR STREET
AND DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTION PURSUANT TO PUBLIC CONTRACTS CODE § 22050
WHEREAS, 5th Street East, classified as a local road, and East MacArthur Street, classified as a collector road, are within the jurisdiction of the City of Sonoma (“the City”) and the City is responsible for the traffic control, safety, and maintenance of these roads; and WHEREAS, on or about late March 2024, City crews noticed a sink hole developing in the roadway pavement at the intersection of 5th Street East and East MacArthur Street (the “Intersection”) and it was determined that a significant void was under the asphalt concrete (“AC”), and that the AC bridged a large void extending approximately 9’ x 11’; and WHEREAS, the City Public Works determined the apparent cause of the void is a deteriorated City storm drain pipe in the Intersection; and
WHEREAS, the City initiated a plan and the engineered plan for immediate replacement and construction of the storm drain and pavement, however, to avoid further damage to the Intersection, the repairs must be done before the winter rains; and WHEREAS, traffic has been diverted away from the sink hole over traffic plates, and wet weather or continued expansion of the sink hole will impede the safe and orderly flow of traffic, such that unsafe conditions exist and immediate repairs are needed to avoid danger to the public; and
WHEREAS, the repairs to the Intersection are within the definition of a “public project” as defined in Section 22002 of the California Public Contract Code (“PCC”), and a notice for bids to let contracts is required except in emergencies; and
WHEREAS, under the PCC §§ 20168 and 22050, the City Council may, upon a four-fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency, and repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, the required repairs to the Road are exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. (“CEQA”) under Section 15269, subdivision (a) of the CEQA Guidelines because the emergency repair to this public facility is necessary to maintain service essential to the public, health and welfare; and
WHEREAS, on September 4, 2024, by a four-fifths vote, the City Council of the City of Sonoma Agenda Item #7.6:
adopted Resolution 72-2024, declaring that public interest and necessity demanded the immediate expenditure of public money to safeguard life, health, or property because of an emergency related to the sink hole at 5th Street East and East MacArthur Street, and authorizing the repair of this public facility, taking any directly related and immediate action required by that emergency, and procuring the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma finds, orders, and resolves as follows:
SECTION 1: The recitals above are true and correct and incorporated herein by this reference.
SECTION 2: The City Council has considered all of the evidence submitted into the administrative record, which includes, but is not limited to:
a. Agenda reports prepared by the Public Works Director for the meeting on September 4, 2024.
b. Staff presentation at the meeting held on September 4, 2024, before the City Council.
c. The City of Sonoma Municipal Code, and all other applicable regulations and codes. d. Public comments, both written and oral, received and/or submitted at or prior to the meeting.
e. All related documents received and/or submitted at or prior to the September 4, 2024 meeting.
f. All staff reports, presentations, public comments, both written and oral, and any related documents received/submitted subsequent to September 4, 2024 including updates on the emergency and status of repairs.
SECTION 3: The City Council has reviewed the emergency action related to the sink hole at this regular meeting and determined, based on substantial evidence in the entire record, that there is a need to continue the action and authorizations set forth in Resolution 72-2024.
SECTION 4: City staff shall report to the City Council at its next regular meeting on the status of the repairs and the need for the authority herein.
SECTION 5: The City Council adopts this resolution by 4/5 vote as required by Public Contracts Code § 22050.
PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of Sonoma on this 18th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
Agenda Item #7.6:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.6:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Administration
Staff Contact
Monique Saviez Burns, Deputy City Clerk
Agenda Item Title
Adopt a Resolution Cancelling the Regular Meeting Scheduled for October 2, 2024, Scheduling a General Plan Special Study Session and Regular Meeting on October 14, 2024, and Scheduling an Additional Regular Meeting on October 21, 2024.
Summary
Per Sonoma Municipal Code Section 2.01.010, the City Council is required to establish the date and time of each Regular Council meeting by resolution each year. The City of Sonoma City Council adopted its 2024 Meeting Calendar on December 20, 2023.
Due to scheduling conflicts among Council members and staff, a request has been made to cancel the Regular Meeting previously scheduled for Wednesday, October 2, 2024, and reschedule it for Monday, October 14, 2024. On that date, a General Plan Special Study Session will be held from 2:00pm to 5:00pm, followed by a Regular Meeting at 6:00 p.m.
Additionally, a request has been made to schedule another Regular Meeting at 6:00 p.m. on Wednesday, October 21, 2024.
Recommended Council Action
Adopt the Resolution.
Alternative Actions
Council discretion.
Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Meeting Cancellation & Reschdule
Alignment with Council Goals:
Agenda Item #7.7:
City of Sonoma
RESOLUTION # ______ - 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA CANCELLING THE REGULAR MEETING SCHEDULED FOR OCTOBER 2, 2024, SCHEDULING A REGULAR MEETING ON OCTOBER 14, 2024, AND SCHEDULING AN ADDITIONAL REGULAR MEETING ON OCTOBER 21, 2024.
WHEREAS, Section 2.01.010 of the Sonoma Municipal Code requires the City Council to establish, by resolution, the date and time of regular Council meetings; and WHEREAS, the City Council adopted its 2024 Meeting Calendar on December 20, 2023; and WHEREAS, due to schedule conflicts it is desired to cancel the Regular Meeting scheduled for Wednesday, October 2, 2024, and reschedule it for Monday, October 14, 2024.
WHEREAS, on that date, a General Plan Special Study Session will be held from 2:00pm to 5:00pm, followed by a Regular Meeting at 6:00 p.m.
WHEREAS, a request has also been made to schedule another Regular Meeting at 6:00 p.m. on Wednesday, October 21, 2024.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma that the Regular Meeting of October 2, 2024, is cancelled.
PASSED, RESOLVED, AND ADOPTED at Regular meeting of the City of Sonoma City Council on this 18th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
John Gurney, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.7:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Administration
Staff Contact
David Guhin, City Manager
Agenda Item Title
Public Meeting to Renew the Sonoma Tourism Improvement District Summary
BACKGROUND
The STID is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for the City of Sonoma (City) lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed STID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City.
Lodging business owners decided to pursue renewal of the STID in order to continue a revenue source devoted to marketing Sonoma as a tourist, meeting and event destination. If renewed, the STID would generate approximately $1,000,000 on an annual basis for promotion of travel and tourism specific to the City.
TOURISM IMPROVEMENT DISTRICTS
Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TID fund the TID, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TID.
TID benefits:
Funds cannot be diverted for other government programs; They are customized to fit the needs of each destination; They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
They are designed, created and governed by those who will pay the assessment; and They provide a stable funding source for tourism promotion.
In California, TIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID.
Agenda Item #9.1:
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 1) includes the proposed boundary of the STID, a service plan and budget and a proposed means of governance. The STID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Sonoma.
The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Assessments will not be collected on: stays of more than thirty (30) consecutive days, stays by federal or state employees on official business, nor on stays by any officer or employee of a foreign government on official business.
The renewed STID will have a ten (10) year term, beginning July 1, 2025, or as soon as possible thereafter, and ending ten (10) years from its start date. The assessment will be implemented beginning July 1, 2025. Once per year beginning on the anniversary of STID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the STID.
The City will be responsible for collecting the assessment on a monthly basis from each lodging business located in the STID boundaries. The City shall forward the assessments to the Sonoma Tourism Improvement District Corporation, which will have the responsibility of managing STID programs as provided in the Management District Plan. The City shall be paid a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration.
STID RENEWAL PROCESS
August 21, 2024RESOLUTION OF INTENTION HEARING (COMPLETED) Upon the submission of a written petition, signed by the business owners in the renewed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council may initiate proceedings to renew a district by the adoption of a resolution expressing its intention to renew a district.
Petition Status: Petitions in favor of STID renewal were submitted by lodging businesses, which represent over 50% of the total STID assessment. This majority petition allows the Council to initiate proceedings for STID renewal at the August 21, 2024 meeting.
August 30, 2024NOTICE (COMPLETED)
The 94 Law requires the City to mail written notice to the owners of all businesses proposed to be within the STID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest STID renewal.
September 18, 2024PUBLIC MEETING
Allow public testimony on the renewal of the STID and levy of assessments. No City Council action required.
November 6, 2024FINAL PUBLIC HEARING
If written protests are received from the owners of lodging businesses in the renewed STID which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no Agenda Item #9.1:
further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the City Council.
If the City Council, following the public hearing, decides to establish the renewed STID, the City Council shall adopt a resolution of formation.
Recommended Council Action
Hold a public meeting to renew the Sonoma Tourism Improvement District (STID).
Alternative Actions
The City Council could choose not to hold the public meeting. Staff does not recommend this option.
Financial Impact
None immediately. The City will receive a fee of one percent (1%) of the amount collected to cover its costs of administration. Because the STID programs are intended to increase visitation to the City, there may be an increase in transient occupancy tax and sales tax collections.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Alignment with Council Goals:
Not Applicable
Agenda Item #9.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Administration
Staff Contact
Sarah Tracy, Senior Management Analyst/PIO
Agenda Item Title
A Resolution Approving the Dedication of France Street Bridge to Former Mayor Larry Murphy and a Resolution Adopting a City Property and Infrastructure Naming Policy Summary
This report proposes the dedication of the France Street Bridge to honor the significant contributions of former Sonoma Mayor Larry Murphy (1936 - 2024). The dedication includes installing a bronze plaque on the bridge and hosting a public ceremony. Additionally, the report recommends adopting a formal Naming and Dedication of City Property and Infrastructure Policy (Naming and Dedication Policy) to guide future dedications and ensure consistency and transparency in the process.
Background:
Former Mayor Larry Murphy served the City of Sonoma from 1984 – 1992 with distinction, contributing greatly to the community's development and well-being during his tenure.
Dedicating the France Street Bridge, located on the street where he resided, serves as a fitting tribute to his legacy and lasting impact on the city.
The request to dedicate the bridge came from Mayor John Gurney during Councilmember Comments at the May 1, 2024, City Council meeting. Councilmembers agreed with the proposal and gave direction to the City Manager to bring this item forward for consideration.
Recognizing the need for a structured approach to future naming and dedication requests, City staff has also prepared a Naming and Dedication Policy. This policy outlines the criteria and procedures for evaluating and approving such requests, promoting fairness and consistency (see Exhibit A).
Bridge Dedication Details:
Location: North Side of France Street Bridge, in one of the two vertical recessed panels (see Exhibit B).
o Plaque Specifications:
Type: Bronze plaque with engraving
Size: 11.75" x 19.75"
Cost Estimate: Not to exceed $2,500
Production Time: 4-6 weeks after final art approval
Installation: To be completed by City staff, including necessary bridge cleanup and temporary road closure during installation (see Exhibit C). Dedication Ceremony: An official public ceremony will be organized to unveil the plaque and formally dedicate the bridge.
Street Closure: Temporary closure of France Street during the ceremony to ensure public safety and event smoothness.
Agenda Item #9.2:
Date: To be scheduled based on the plaque fabrication and installation timeline, with appropriate notice provided to residents and stakeholders. Additional Costs: Internal costs for installation, bridge cleanup, road closure, and ceremony arrangements are anticipated but not included in the plaque cost estimates.
These will be covered by existing departmental budgets and resources. Funding Source: Unassigned fund balance in the General Fund unless other funding is identified (i.e. donations, etc.)
Naming and Dedication Policy:
Purpose: Establishes clear and consistent guidelines for future naming and dedication of City-owned properties, facilities, infrastructure, and programs. Key Features:
o Defines the roles and responsibilities of the City Manager and City Council in the evaluation and approval process.
o Outlines specific criteria for considering naming and dedication requests, including significance of contribution, alignment with City values, historical relevance, community impact, and financial considerations. o Details the procedural steps for submitting, reviewing, approving, and implementing dedications.
o Provides for periodic review and amendment to ensure the policy remains relevant and effective.
Benefits:
o Enhances transparency and accountability in decision-making. o Ensures equitable consideration of all requests.
o Streamlines the process for future dedications, providing clarity to applicants and staff.
Conclusion:
Dedicating the France Street Bridge to former Mayor Larry Murphy is a meaningful way to honor his service and contributions to the City of Sonoma. Adopting the proposed Naming and Dedication Policy will provide a framework for handling future requests, ensuring that such honors are bestowed thoughtfully and consistently.
Recommended Council Action
Staff recommends that the City Council adopt the resolutions thereby accomplishing the following:
1. Approve the dedication of the France Street Bridge to honor former Mayor Larry Murphy.
2. Authorize the installation of a bronze plaque on the bridge in his memory.
3. Adopt the proposed Naming and Dedication Policy to guide future naming requests.
Alternative Actions
Modify the proposed dedication and plaque installation, such as by altering the location.
Approve the bridge dedication but decline to adopt the Naming and Dedication Policy, providing direction to staff for further revisions.
Agenda Item #9.2:
Decline the dedication of the France Street Bridge to former Mayor Larry Murphy and/or direct staff to explore alternative memorial options.
Financial Impact
Fabrication of a bronze plaque in honor of former Mayor Larry Murphy, at a total cost not to exceed $2,500, to be covered the Unassigned fund balance in the General Fund unless other funding is identified (i.e. donations, etc.)
Additional costs for installation, bridge cleanup, road closure, and the dedication ceremony will be absorbed by existing departmental budgets. No significant additional funding is required.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Exhibit A - Naming and Dedication Policy
Exhibit B - Map Showing France Street Bridge Location
Exhibit C - Photograph of France Street Bridge with Plaque Locations and Dimensions Resolution - France Street Bridge
Resolution - Naming Policy
Agenda Item #9.2:
City of Sonoma
NAMING AND DEDICATION OF CITY PROPERTY AND
INFRASTRUCTURE POLICY
Purpose & Legal Authority:
Purpose
The purpose of this policy is to establish clear and consistent guidelines for the naming or renaming of City-owned facilities, which is broadly defined to include property, parks, public facilities, landmarks, infrastructure (such as bridges), and programs; and for dedicating these facilities in honor of individuals, groups, entities, events, and history that have made significant contributions to the City of Sonoma.
This policy does not apply to the naming of new streets within the development of new subdivisions, which follows the City’s planning processes. This policy also does not apply to the naming of new public art works, which follows the procedures under Chapter 19.51 of Title 19 of the Sonoma Municipal Code.
Legal Authority
The City Manager is granted the authority to evaluate requests for naming or dedication and to recommend the appropriate type of dedication, including but not limited to signage, notifications, and ceremonies. The City Manager may choose from a variety of methods, such as plaques, signs, public announcements, or events, based on the significance of the contribution or dedication opportunity. However, the final decision regarding naming or dedication will be made by the Sonoma City Council.
I. Criteria for Recommendation
When evaluating requests for naming or dedication, the City Manager shall consider the following criteria:
1. Significance of Contribution
The impact of the individual, group, entity, event, or history on the City of Sonoma, including historical significance, civic engagement, or notable achievements. All names shall focus on significance to the City of Sonoma, but names that reflect California or national history may be approved if such contributions are applicable to the City of Sonoma.”
2. Consistency with City Values
Alignment of the proposed name or dedication with the City of Sonoma's values, goals, and policies.
3. Historical and Cultural Relevance
Consideration of the historical or cultural relevance of the proposed name or dedication, ensuring it reflects the heritage and diversity of the community.
Agenda Item #9.2:
4. Community Impact
The potential impact of the naming or dedication on the community, including its relevance to current and future residents.
5. Financial Considerations
The financial implications of the dedication, including costs associated with signage, ceremonies, or other forms of recognition, and the availability of funds or sponsorships to cover these costs. The donation of land or facilities does not create an obligation for the City to name the land or facility after the donor, though such donation may be considered under this factor.
Procedures
1. Request Submission: Requests for naming or dedication may be submitted in writing to the City Manager or through verbal direction by the City Council during a public meeting.
In either case, the request should include the proposed name or dedication, background information, and justification for the naming or dedication based on the criteria outlined above.
2. City Manager Review: The City Manager will review each request against the established criteria and determine the appropriate type of dedication to recommend to the City Council. This may include consulting with relevant City departments, committees, other stakeholders, or legal counsel. Submissions will be given the same consideration regardless of the nomination source. Special care and sensitivity will be taken in consideration of submissions to rename an existing facility named for an individual, group, entity, or event of historical significance.
3. City Council Consideration: The City Manager will make a recommendation to the City Council that includes discussion of the criteria outlined above at a public meeting of the City Council. The public will have the opportunity to provide input during the public meeting process when the item is considered by the City Council.
4. City Council Decision: The City Council will make the final decision on whether to proceed with official naming or dedication, based on the City Manager's recommendation, and the established criteria, including any public input.
5. Implementation: Upon approval by the City Council, the City Manager will oversee the implementation of the dedication, including the production and placement of signage, notifications, or the organization of any ceremonies.
Review and Amendment
This policy will be reviewed every five years to ensure its continued relevance and effectiveness. The City Manager may recommend updates or amendments to this policy to the City Council based on feedback, changes in community needs, or legal requirements.
Agenda Item #9.2:
LOCATION OF FRANCE STREET BRIDGE
THE PLAZA
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Agenda Item #9.2:
Agenda Item #9.2:
City of Sonoma
RESOLUTION # __- 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING THE
DEDICATION OF THE FRANCE STREET BRIDGE TO FORMER SONOMA
MAYOR LARRY MURPHY
WHEREAS, Larry Murphy served as Mayor of the City of Sonoma from 1984 to 1992 and made significant contributions to the community, including his commitment to civic engagement and his positive impact on the City’s development; and
WHEREAS, former Mayor Larry Murphy resided on France Street, and dedicating the France Street Bridge in his honor is a fitting tribute to his lasting legacy and his service to the City of Sonoma; and
WHEREAS, the City Council recognizes the importance of acknowledging those who have made substantial contributions to the City and seeks to honor Larry Murphy’s contributions by dedicating a public infrastructure in his name; and
WHEREAS, the dedication will include the installation of a bronze plaque on the France Street Bridge to commemorate Larry Murphy’s service, with total costs for the plaque and installation not to exceed $2,500; and
WHEREAS, the City Council has reviewed the proposal and finds that the dedication of the France Street Bridge is appropriate and in the best interest of the community; and WHEREAS, the funding for the plaque and related costs shall come from the Unassigned Fund Balance in the General Fund unless alternative funding sources, such as donations, are identified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma does hereby approve the dedication of the France Street Bridge to former Mayor Larry Murphy and authorizes the installation of a bronze plaque on the bridge in his honor.
BE IT FURTHER RESOLVED that the City Council directs City staff to coordinate the installation of the plaque, as well as the necessary preparations for a dedication ceremony, with costs for the plaque and installation not to exceed $2,500.
PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
John Gurney, Mayor
ATTEST:
________________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:
City of Sonoma
RESOLUTION # __ __- 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ADOPTING THE
NAMING AND DEDICATION OF CITY PROPERTY AND INFRASTRUCTURE POLICY WHEREAS, the City of Sonoma recognizes the importance of honoring individuals, groups, or entities that have made significant contributions to the community through the naming or dedication of City-owned properties, facilities, infrastructure, and programs; and WHEREAS, the City desires to establish a formal and transparent process to guide the naming or dedication of such assets in a manner that is consistent with the City's values, goals, and historical and cultural significance; and
WHEREAS, the proposed Naming and Dedication of City Property and Infrastructure Policy provides clear criteria and procedures for evaluating and approving requests, ensuring fairness, consistency, and community involvement in the decision-making process; and WHEREAS, the policy outlines the authority of the City Manager to evaluate requests and recommend appropriate dedications, while retaining the City Council’s final decision-making authority in these matters; and
WHEREAS, the City Council has reviewed the proposed policy and finds that it is in the best interest of the City of Sonoma to adopt this policy to provide a structured framework for future naming and dedication requests.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma does hereby adopt the Naming and Dedication of City Property and Infrastructure Policy, attached hereto and incorporated herein as Exhibit A, which will serve as the official guide for future naming and dedication decisions.
BE IT FURTHER RESOLVED, that the City Clerk is directed to make the policy available for public inspection and to ensure its distribution to all relevant City departments and stakeholders.
PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
John Gurney, Mayor
ATTEST:
________________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Administration
Staff Contact
Lisa Janson, Senior Management Analyst
Agenda Item Title
Adopt a Resolution Approving the Temporary Use of Field of Dreams "Fazio Field" by Transcendence Theater Company for a Summer Event Series June 2-22, August 1-17 and August 29- September 15, of 2025. The proposed resolution is exempt from the California Environmental Act (CEQA) under Sections 15304 (minor alterations of land), 15323 (normal operations of facilities for public gatherings) and 15061(b)(3) (common sense exemption) of the CEQA Guidelines.
Summary
Background
Transcendence Theater Company (TTC) was granted approval by the City Council at the February 21, 2024 meeting to use the Field of Dreams for a summer event series spanning June through September 2024. The Field of Dreams, a property leased by the City of Sonoma to the Field of Dreams Organization (FOD), is actively managed to support recreational use by the community. Following the 2024 season, TTC will be required to participate in the postevent review process as outlined in the City of Sonoma’s Special Events Policy. This process will include a review of community feedback, including any concerns or complaints, prior to granting approval for future events.
Due to the extensive planning required for large theatrical productions, TTC is requesting to initiate discussions regarding their 2025 season ahead of the conclusion of the 2024 season.
Several factors support TTC’s request for early consideration, including the company’s significant annual marketing budget of $200,000 and the attraction of approximately 3,150 unique visitors during the first three months of the 2024 season of which 1879 are from outside the City and 842 individuals are from outside Sonoma County. By the end of the 2024 Season TTC is projecting that they will have had approximately 11,000 patrons, staff and volunteers attending the 2024 season with paid tickets totaling approximately $550,000- $575,000. In addition to the overall economic impact, the partnership between TTC and the FOD Organization is mutually beneficial. TTC has contributed $21,300 to the FOD Organization for the first two months of performances and owe a minimum of another $20,000 for the remaining two months of the 2024 season, this helps fund field maintenance and allows rental fees to remain affordable for recreational users of the FOD facility.
Staff, working with the Chamber of Commerce, has begun the outreach to businesses, restaurants and other stakeholders to understand any impacts of the current series. Input from those meetings will be incorporated into plans for 2025.
TTC has submitted an application for the 2025 season, included as Exhibit A, along with the required supporting documentation. City Council approval is required for TTC's use of the Field of Dreams in 2025, as the proposed event series falls outside the original scope of use outlined in the Field of Dreams Lease Agreement.
Discussions between TTC and the Field of Dreams Organization are ongoing, and the two Agenda Item #9.3:
entities are working together to ensure that the summer event series aligns with the goals and requirements of the property. Given that the Field of Dreams is leased and managed by the FOD Organization, collaboration between TTC and FOD is essential for the success of the events. This ongoing dialogue will likely involve addressing logistical considerations, making modifications based on lessons learned, securing necessary approvals, and ensuring that the events harmonize with the overall use and purpose of the Field of Dreams. These discussions highlight the collaborative efforts between event organizers and the local community to create successful and mutually beneficial events in the Sonoma Valley.
In light of lessons learned from the 2024 season, TTC is planning to incorporate a Broadway musical into the 2025 season, which is expected to attract a broader audience and boost ticket sales. If TTC secures a license for a Broadway musical they are requesting to extend the June and August performances by an additional week.
Proposed Calendar of Events
New to the 2025 event season is a request of an extra four days per month of technical rehearsal time and up to two weeks of performances per month. Increasing the overall days from 8 days per month in 2024 to 16 or more days a month June, August and September.
TTC is proposing to take the month of July off due to national holidays and other annual events that occur inside City limits.
June 2-22, 2025
August 1-17, 2025 * Possible extension of August 21-24, 2025 August 29-September 15, 2025
Proposed Use
The proposed schedule for all three months is outlined in the agreement and supporting documents, listed as Appendix A. This year's proposal has the Field of Dreams being activated a total forty-three days with a possible additional activation of four nights of performances in the end of August. Staff has identified potential conflicts with Planning Commission meetings and Sonoma Valley Hospital Board meetings scheduled on Thursday evenings. City staff is committed to working collaboratively with Transcendence Theater Company (TTC) to ensure reasonable accommodations are in place. This is to address any issues or city functions that need attention, allowing the City to continue its operations, especially at the Council Chambers. This proactive approach reflects the City's commitment to balancing the needs of the community and local organizations with the ongoing functions and responsibilities of municipal operations.
It is important to note that in between performances TTC is requesting to leave two large Conex containers to store supplies and is looking to leave the stage, lighting/sound towers, stage/sound booth, dressing room and chairs in place for the duration of the Summer. If there is more than 2 weeks between performances the chairs will be taken down and stacked and removed. The Special Events Committee will take this new request under consideration and if feasible will try to accommodate, while also ensuring the safety and wellbeing of the community.
2025 Sound Management Recommendations
As part of the 2025 season, City staff is recommending that TTC hire a professional sound engineer to be onsite during the final performances of the 2024 summer season. The City has received a few noise complaints associated with the TTC performances and will take the necessary steps to ensure that sound mitigation is incorporated into the 2025 season. The sound engineer will take sound level readings from neighborhoods located to the south, north, Agenda Item #9.3:
east, and west of the Field of Dreams. These readings will be used to develop a site plan that effectively mitigates any sound impacts on the surrounding neighborhoods.
City staff is also recommending the implementation of a scheduled use of amplified sound for TTC’s summer event series at the Field of Dreams. It is crucial that TTC ensures the placement of the audio/sound system is informed by the sound engineer to mitigate noise impacts to residential areas. In addition, ongoing noise monitoring will be conducted throughout the 2025 season, collect information and to inform TTC on options to minimize impacts on nearby residents.
The recommended schedule for amplified sound use is limited to technical rehearsals and performances and is not intended to allow amplified music outside of these times when the organization is onsite. It is important to note that the FOD facility doesn't have adequate electrical outlets onsite to power the elaborate set-up and TTC is requesting the use of generator for all times the organization is onsite. Similar to the 2024 season, the Special Events Committee will provide conditions of use for the generator including approval of its location. In 2024, the generator was placed to the rear of the Haven property which is adjacent to the Fazio field.
Proposed Monthly Schedule of Amplified Sound
This proposed schedule reflects an effort to balance the needs of the event with the impact on Agenda Item #9.3:
the local community, particularly with regard to noise levels during the specified hours.
Police Station Parking Lot
In 2024, City staff was concerned about the proposed use of the Police Station Parking lot schedule for the summer event series and its potential impact on the adjacent parking lots.
Based on the findings from 2024, staff could possibly request that TTC ensures that their staff, volunteers, and vendors are not parking in the parking lot during tech rehearsals days when they overlap with community meetings being held in the community meeting room.
The parking lot is already heavily used by various groups, including individuals utilizing the fields, hikers on Montini or Overlook trails, visitors to the Police station, community members attending council, committee, and commission meetings, and individuals utilizing the dog park. It is imperative that the egress of the parking lot at the north end remains unobstructed at all times.
On performance nights (currently excluding Thursday nights, until there is the ability to address the conflicts with City meetings), the City will collaborate with TTC, providing them full access to the parking lot between the hours of 4PM and 10PM on Friday through Sunday evenings during their event weeks.
TTC will be responsible for covering all city costs associated with noticing the private use of the parking lot and any equipment fees. This cooperative approach aims to address potential challenges and ensure a smooth integration of the summer event series at the Field of Dreams.
Noticing
In alignment with previous practices in 2024, City staff recommends that TTC (Transcendence Theatre Company) work closely with the Sonoma Valley Chamber of Commerce to ensure timely and thorough communication with businesses potentially impacted by events scheduled at the Field of Dreams. Key areas of concern include private events at local establishments, such as wedding receptions, performances by other theater or entertainment organizations, as well as the coordination with Arnold Field, the Sonoma Stompers, and the Sonoma Veterans Building to prevent scheduling conflicts.
Approving TTC's event application at this time will allow sufficient opportunity for TTC to establish partnerships with local businesses and begin notifying stakeholders directly impacted by their event schedule. It is the City's expectation that these discussions begin immediately following approval of the event application for the 2024 season.
Additionally, staff recommends issuing a second round of notifications to all residents and businesses potentially affected by issues such as traffic congestion, parking, noise, and lighting. These notices should be distributed no later than 90 days before the first scheduled event and should include on-site contact information for TTC staff, a detailed event schedule, and the expected hours of impact.
Furthermore, it is advisable that restaurants be informed of potential increases in service demands so they can adjust staffing levels accordingly to accommodate larger crowds. TTC is encouraged to work closely with local hotels and devise a plan on how to capture out of town visitation numbers. This proactive and collaborative approach aims to minimize disruption and enhance the experience for residents, businesses, and visitors during the TTC Summer event series.
Agenda Item #9.3:
Environmental Considerations:
The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15304 (Minor Alterations to Land), Section 15323 (Normal Operation of Facilities for Public Gatherings), and Section 15061(b)(3) of the CEQA Guidelines. The project is categorically exempt because it would entail a minor temporary use of land having negligible or no permanent effects on the environment. Additionally, the project consists of the normal operations of the Field of Dreams for a series of special events. The Field of Dreams has a history of being used for public gatherings, tournaments, sporting events, and music festivals, was designed for this purpose, and there is a reasonable expectation that future occurrences would not be a change in the operation of the Field of Dreams. Finally, the project is exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Next Steps
In the event of Council approval for the use of the Field of Dreams for the TTC Summer 2025 event series. The following milestones outline some of the compliance requirements for TTC.
1. City Manager Approval: The Parks Use Permit will be subject to a provisional approval by the City Manager.
2. TTC will provide all post season event information to City staff, this includes the final 2024 season event budget, the post event waste minimization documentation, a list of any complaints or concerns that they received during the season, final attendance information, and a post event parking report and any information pertaining to a post event economic impact report.
3. SEC Meeting and Documentation Review: City staff will schedule a Special Events Committee (SEC) meeting to thoroughly review the Parks Use Permit and accompanying documentation submitted by TTC. During this discussion the SEC will review the post event information provided by TTC.
4. Conditions List Development: The SEC will formulate a list of conditions that TTC must adhere to for the provisional approval of the Parks Use Permit. These conditions will be designed to ensure the safe and responsible use of the Field of Dreams.
5. Compliance Milestones: TTC is required to meet specific milestones outlined in the Parks Use Permit to remain in compliance with the approved terms and conditions. These milestones are crucial to guaranteeing a well-organized and compliant usage of the Field of Dreams for the TTC Summer event series.
March 1, 2025 (90-days prior to event)
Parking and Transportation Plan Requirements: The Event Organizer is required to submit a comprehensive parking and transportation plan for approval by the City Public Works Operations Manager and Street Supervisor. Specific conditions will be detailed during the SEC (Special Events Committee) meeting. The plan must encompass the following elements:
1. ADA Parking and Accommodations:
Provide adequate ADA parking spaces and accommodations for patrons of TTC (Transcendence Theatre Company).
Agenda Item #9.3:
Consider the current understanding that approximately 15+ individuals, on average, require ADA assistance.
2. Low-Speed Neighborhood Vehicles:
If TTC chooses to use low-speed neighborhood vehicles to accommodate individuals requiring ADA assistance, ensure compliance with the California Vehicle Code.
3. Parking Plan Details:
Identify ADA parking locations and outline all special accommodations in the parking plan.
Address the needs of all TTC attendees, volunteers, and staff, considering measures to mitigate parking and traffic issues.
4. Coordination with Other Venues:
Collaborate with other venues in the area, with particular emphasis on coordination with the Sonoma Veterans Building, Arnold Field and the City portion of the Depot Park parking lot.
Ensure effective communication and coordination to enhance the overall success of the parking and transportation plan.
Submit the parking and transportation plan for review and approval by the City Public Works Operations Manager and Street Supervisor. Conditions outlined during the SEC meeting should be addressed comprehensively.
Additional Requirements due on or by March 1, 2025.
1. ADA Compliance for Seating Chart: TTC (Transcendence Theatre Company) is tasked with the responsibility of ensuring that the seating chart adheres to ADA (Americans with Disabilities Act) standards, as outlined in the California Building Code Section 1.9 by the Division of the State Architect. The organizer is required to submit a seating chart for each ticketed category, clearly demonstrating ADA compliance. This ensures accessibility for all attendees and aligns with regulatory standards.
2. Noticing to Businesses and Residents Affected by TTC Summer Event Series:
Proactive communication is essential. Prior to the TTC summer event series, thorough noticing to all businesses and residents affected by the events is required. This communication should provide clear information regarding potential impacts, such as traffic, parking, noise, and lighting. The notices should be distributed well in advance to allow affected parties to make necessary arrangements. Additionally, the notices should include contact information for inquiries or concerns.
Requirements Due on May 1, 2025 (30 days prior to the event date)
1. Public Safety Plan Submission: Submit a comprehensive Public Safety Plan 30- days in advance, ensuring it includes the names and responsibilities of trained crowd managers. The plan should outline measures taken to ensure the safety and well-being of attendees throughout the event.
2. Vendor List Submission: Provide a complete vendor list 30-days prior to the event. The list should include any supplier, service provider, sponsor, food vendor, and volunteer organization involved. Include full contact information (email and phone) and specify the services each entity is providing.
City of Sonoma Business License Requirement: All entities involved must possess a valid City of Sonoma Business License before operating on City Agenda Item #9.3:
property.
Insurance Compliance: Ensure that all vendors and service providers meet the City of Sonoma’s minimum insurance requirements. All vendors are required to provide a Certificate of Insurance (COI) indemnifying the City of Sonoma.
These requirements are crucial for the smooth coordination of the event and the safety of all participants.
This ongoing dialogue between TTC and the Field of Dreams Organization will likely involve addressing logistical considerations, modifications based on lessons learned, securing necessary approvals, and ensuring that the events harmonize with the overall use and purpose of the Field of Dreams. It highlights the collaborative efforts between event organizers and the local community to create successful and mutually beneficial events in the Sonoma Valley.
Recommended Council Action
Adopt a Resolution approving the use of Field of Dreams "Fazio Field" for Transcendence's 2025 Summer event series with the conditions recommended by the Special Events Committee.
Alternative Actions
City Council discretion.
Financial Impact
The applicant is responsible for all fees associated with their use of public property.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Park Use Permit and Supporting Documentation
RESO Transcendence Theater Field of Dreams(375157.1)
Alignment with Council Goals:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
1618.00
331.00
Agenda Item #9.3:
9680.00
TBD11,629
Agenda Item #9.3:
Show #1 - June 2nd-22nd
Monday, June 2nd: Load In begins
Exhibit A
Schedule for 2025 Season
Friday June 5th - 8a-5p. Tech rehearsal 5p - 11 p * Amplified Sound ending at 1 Op* Saturday, June 7th: Tech rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Sunday, June 8th: DAY OFF
Monday, June 9th: Tech Rehearsal 9a-11 p * Amplified Sound ending at lOp* Tuesday, June 10th: Tech Rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Wednesday, June 11th: Tech Rehearsal 9a-l lp *Amplified Sound ending at l0p* Thursday, June 12th - Sunday June 15th: 9:00a-11:00pm I Performance@7:30p • 9:00a-2:00p: Potential Staff on site to tend to technical elements • 2:00p: TTC Staff and volunteers arrive and prep for event • 5:00p: Guests arrive and enjoy preshow festivities (Alcohol sales begin)
• 7:30p: Performance
• 9:15p - 10:00p: Performance Conclude
• 9:15p-11:00p: Event Clean Up
Thursday, June 19th - Sunday June 22: 9:00a-11:00pm I Performance@7:30p • 9:00a-2:00p: Potential Staff on site to tend to technical elements • 2:00p: TTC Staff and volunteers arrive and prep for event • 5:00p: Guests anive and enjoy preshow festivities (Alcohol sales begin)
• 7:30p: Performance
• 9:15p - 10:00p: Performance Conclude
• 9:15p-11:00p: Event Clean Up
Show #2 - August 1st-17th (Possible Ext to Aug 21-24)
Friday, August 1st: Load In 8a-5p. Tech rehearsal 5p - 11 p * Amplified Sound ending at 1 Op* Saturday, August 2nd: Tech rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Sunday, August 3rd: DAY OFF
Monday, August 4th: Tech Rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Tuesday, August 5th: Tech Rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Agenda Item #9.3:
Wednesday, August 6th: Tech Rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Thursday, August 7th - Sunday August 10: 9:00a-11:00pm I Performance @7:30p • 9:00a-2:00p: Potential Staff on site to tend to technical elements • 2:00p: TTC Staff and volunteers aITive and prep for event • 5:00p: Guests aITive and enjoy preshow festivities (Alcohol sales begin)
• 7:30p: Performance
• 9:15p - 10:00p: Performance Conclude
• 9:15p-11:00p: Event Clean Up
Thursday,August 14th - Sunday August 17: 9:00a-11:00pm I Perfom1ance@7:30p • 9:00a-2:00p: Potential Staff on site to tend to technical elements • 2:00p: TTC Staff and volunteers arrive and prep for event • 5:00p: Guests arrive and enjoy preshow festivities (Alcohol sales begin)
• 7:30p: Perfomrnnce
• 9:15p - 10:00p: Perfonnance Conclude
• 9: l 5p-11: OOp: Event Clean Up
POSSIBLE EXTENSION Show #2
Thursday, August 21st - Sunday August 24: 9:00a-11:00pm I Performance@7:30p • 9:00a-2:00p: Potential Staff on site to tend to technical elements • 2:00p: TTC Staff and volunteers arrive and prep for event • 5:00p: Guests arrive and enjoy preshow festivities (Alcohol sales begin)
• 7:30p: Performance
• 9:15p - 10:00p: Performance Conclude
• 9:15p-11:00p: Event Clean Up
Show #3 -Au2ust 29-15 (Pendin2 Ext of Show #3)
Friday, August 29th: Load In 8a-5p. Tech rehearsal 5p - 11p * Amplified Sound ending at 1 Op* Saturday, August 30th: Tech rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Sunday, August 31st DAY OFF
Monday, September 1st: Tech Rehearsal 9a-l l p * Amplified Sound ending at l Op* Tuesday, September 2nd: Tech Rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Wednesday, September 3rd: Tech Rehearsal 9a-11 p * Amplified Sound ending at 1 Op* Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Proposed Parking Map Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
Agenda Item #9.3:
City of Sonoma
RESOLUTION # _______ - 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA
APPROVING THE TEMPORARY USE OF THE FIELD OF DREAMS “FAZIO FIELD” BY TRANSCENDENCE THEATER COMPANY FOR A SUMMER EVENT SERIES IN 2025
WHEREAS, on August 30, 2024, Transcendence Theater Company applied for a special event permit to utilize “Fazio Field” within the Field of Dreams for a weekend series of outdoor performances in the months of June through September 2025 called “Transcendence’s Broadway Under the Stars”; and
WHEREAS, the City leases the Field of Dreams to the Sonoma Valley Field of Dreams, a California non-profit corporation (SVFOD), which lease allows temporary uses by third parties with prior approval by the City Council; and
WHEREAS, the City’s adopted Special Events Policy requires a special event permit for the use of any City property for special events such as the proposed “Transcendence’s Broadway Under the Stars, and delegates approval authority to the City’s Special Event Committee and City Manager; and
WHEREAS, the Field of Dreams has a history of use for large public gatherings for which it was designed, such as sporting events and tournaments, as well as the 2024 Transcendence Theater Company’s summer series, and the BR Cohn Fall Music Festival; and WHEREAS, it is not uncommon for entities utilizing the Field of Dreams to have amplified sound for making player announcements, player acknowledgments, and walk up songs, during regular games and tournament play; and
WHEREAS, the City has determined the project to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15304 (Minor Alterations to Land), Section 15323 (Normal Operation of Facilities for Public Gatherings), and Section 15061(b)(3) of the CEQA Guidelines. The project is categorically exempt because it would entail a minor temporary use of land having negligible or no permanent effects on the environment.
Additionally, the project consists of the normal operations of the Field of Dreams for a series of special events. The Field of Dreams has a history of being used for public gatherings, tournaments, sporting events, and music festivals, was designed for this purpose, and there is a reasonable expectation that future occurrences would not be a change in the operation of the Field of Dreams. Finally, the project is exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma as follows:
1. The above recitals are true and correct and incorporated by this reference.
Agenda Item #9.3:
2. The City Council consents to SVFOD allowing the temporary use of the Field of Dreams’ “Fazio Field” by Transcendence Theater Company for its “Transcendence’s Broadway Under the Stars” for 2025 pursuant to the lease agreement between SVFOD and the City.
3. The City Council authorizes the City Manager and Special Event Committee to process Transcendence Theater Company’s application for a special event permit for “Transcendence’s Broadway Under the Stars” pursuant the City’s Special Event Policy. As provided in that Policy, the City Manager and Special Event Committee may impose such conditions of approval as are necessary to address concerns regarding noise, parking, public access, dates/times, insurance requirements and general indemnity.
PASSED, RESOLVED AND ADOPTED, at a Regular Meeting of the City Council of the City of Sonoma, on this 18th day of September 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.3:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Sep 2024
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Designate the City of Sonoma Voting Delegate for the 2024 League of California Cities Annual Conference and Provide Direction on Proposed Resolution Summary
The City of Sonoma is a member of Cal Cities. Founded in 1898, the League is an association of California city officials who work together so that they may influence policy decisions that affect cities. They provide legislative and ballot measure advocacy, legal advocacy, education, and advocates to defend and expand local control in the Legislature, at the ballot box and in the courts and through strategic outreach to the public, policymakers and opinion leaders Each year, Cal Cities holds a conference at which delegates from across the State come together to enhance their knowledge and skills, exchange information, and combine resources.
The 2024 League of California Cities Annual Conference will be held on October 16-18 in Long Beach.
An important part of the conference is the annual business meeting typically scheduled for the last day of the conference. At that meeting, representatives (delegates) from each city consider and take action on resolutions that establish policy.
In order for the City of Sonoma to cast a vote at the business meeting, the City Council must designate a Voting Delegate and up to two alternates if desired, who will attend the business meeting to vote on behalf of the City. In the past, the designee has been both the Mayor and Council Members. With the exception of Council Member Lowe, all Council Members have registered for the conference.
One resolution was received by the deadline and will be put before the delegates for consideration: A Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels.
This Resolution states that the League of California Cities shall call upon the Governor and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” The Voting Delegate will be asked to vote to support or oppose the submitted resolution. The City Council may wish to provide direction at this time as to they would like to be represented during that vote.
Agenda Item #9.4:
Recommended Council Action
Designate the Voting Delegate and provide direction regarding the one submitted resolution, if desired.
Alternative Actions
Council discretion.
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
2024 Cal Cities Voting Delegate Information Packet
2024 Resolutions Packet
Agenda Item #9.4:
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
Agenda Item #9.4:
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly Agenda Item #9.4:
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Agenda Item #9.4:
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
Agenda Item #9.4:
2023-2024
CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.
The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.
We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.
The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
Agenda Item #9.4:
2024
Resolutions
Packet
Agenda Item #9.4:
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 Agenda Item #9.4: