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, November 20, 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 (Lowe, Farrar-Rivas, Wellander, Ding, Gurney)
REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
1. 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.
2. MEETING DEDICATIONS
3. 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.
4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
5. CITY ATTORNEY COMMENTS
6. PRESENTATIONS
6.1: "Celebrate Sonoma" - Presentation of Certificate of Recognition in Honor of Fred Allebach
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 November 6, 2024 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive minutes.
11.06.2024 Regular Meeting Minutes
5 - 7
7.3: Accept the Expenditure Report for the Month of October 2024 (Prapti Aryal, Finance Director)
RECOMMENDATION: Accept report.
Agenda Report - Expenditure Report - October 2024 - Pdf 8 - 15
7.4: Adopt Resolutions Authorizing the City Manager to Execute a Contract with American Conservation Experience (ACE) in the Amount of 140,528.63 to Provide Restoration Services on the City of Sonoma Overlook Trail, Authorize the City to Accept a Donation in the Amount of $41,634 from the Sonoma Overlook Trail Stewards, and Reappropriating $20,000 in Park-in-Lieu Fees to CIP P-14 (Mike Berger, Public Works Director)
RECOMMENDATION: Adopt the resolutions.
Agenda Report - Sonoma Overlook Trail and Budget Adjustment - Pdf 16 - 60
7.5: Adopt a Resolution Approving Addendum 1 to the Joint Powers Agreement with the County of Sonoma Addressing Payment for Video Streaming of Sonoma Valley Community Advisory Commission (SVCAC) Meetings with Costs Shared between the City and the County of Sonoma and Authorizing the Mayor to Execute the Addendum (Rebekah Barr, MMC, City Clerk) RECOMMENDATION: Adopt the resolution.
Agenda Report - SVCAC JPA Addendum 1 - Pdf
61 - 65
8. PUBLIC HEARING
8.1: Discussion, Consideration, and Possible Introduction of an Ordinance of the City Council Amending Sonoma Municipal Code Sections 19.54.040 through
19.54.070 and Sections 19.54.090 through 19.54.100 (Planning Permit Approval or Disapproval), and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Diane Levine, Associate Planner) RECOMMENDATION: Introduce the ordinance titled “An Ordinance of the City Council of the City of Sonoma amending Title 19 of the Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections 19.54.090 through
19.54.100 Regarding Planning Permit Post-Approval Procedures and Finding this Action is Exempt From Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).”
Agenda Report - Post Approval Ordinance Amendment - Pdf 66 - 72
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
9.1: Update on 2024 Council Goals (David Guhin, City Manager) RECOMMENDATION: Receive update and provide input and/or feedback.
Agenda Report - Council Goals Update - Pdf
73 - 82
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, November 6, 2024
6:00 PM Regular Meeting
Regular Meeting Minutes, November 6, 2024
6:00 P.M. – REGULAR MEETING
CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Gurney called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Council Member Wellander, Council Member Ding, Council Member Lowe, Vice Mayor Farrar-Rivas, and Mayor Gurney
REPORT ON CLOSED SESSION
There was no Closed Session held.
APPROVAL OF AGENDA
Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Ding, to approve the agenda as presented. Motion carried unanimously.
1. PRESENTATIONS
Item 1.1: Proclamation Designating November 2024 as Native American Heritage Month
2. COMMENTS FROM THE PUBLIC
Armando Zimmerman and Anne Ching provided public comments.
3. MEETING DEDICATIONS
Mayor Gurney dedicated the meeting to John ‘Mac’ McQuown.
4. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Lowe attended a Local Agency Formation Commission (LAFCO) meeting today, November 6, 2024. Over the past few weeks, she has dedicated her time and efforts to communicating information to residents about Measure T – the City of Sonoma’s Transaction and Use Tax Measure, which was on the ballot this month.
Council Member Ding attended a Sonoma Valley Groundwater Sustainability Agency (SVGSA) meeting on October 28, 2024.
Last Monday, October 28, 2024, Council Member Wellander attended a Water Advisory Committee (WAC) meeting.
On October 23, 2024, Vice Mayor Farrar-Rivas attended a Sonoma Valley Community Advisory Commission (SVCAC) meeting.
5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin announced that the City’s ‘Express Permitting Process’ is live for various residential permits; more information is available on the City of Sonoma’s website. He also shared that the ambulance that the City donated to Sister City Kaniv, Ukraine earlier this year finally arrived at its destination after a long journey; additional information is available on the Sister Cities website.
Mr. Guhin also shared that there will be a Cemetery Clean-Up Day at the Veterans Cemetery on November 11, 2024, from 9 AM to 12 Noon. Additionally, City Manager Guhin shared that the nomination period for the 2025 Alcalde is now open and will close on January 31, 2025. Lastly, Mr.
Guhin highlighted and thanked Tommy Plume, Street Supervisor, who was off-duty at the time and was one of the first on-scene to the pedestrian hit-and-run accident that occurred in a crosswalk on October 20, 2024.
6. CITY ATTORNEY COMMENTS
None.
Agenda Item #7.2:
Regular Meeting Minutes, November 6, 2024
7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to approve the Consent Calendar, with the stated minor amendments to the October 14, 2024, regular meeting minutes, as presented. Motion carried unanimously.
Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
Item 7.2: Accept Minutes from the Special Study Session Meeting of October 14, 2024, and Regular Meetings of October 14,2024 and October 21, 2024 (Rebekah Barr, MMC, City Clerk)
Action: The minutes were accepted with minor amendments to the October 14, 2024 regular meeting minutes.
Item 7.3: Adopt a Resolution to Support the Extension of the Sonoma County Abandoned Vehicle Abatement Authority for a 10-year Period (Brandon Cutting, Police Chief) Action: Adopted as Resolution 91-2024.
Item 7.4: Receive Report on City Commissions and Committee Attendance (Rebekah Barr, MMC, City Clerk)
Action: The report was received.
Item 7.5: Selection of Index for Determining Annual Minimum Wage Adjustment (Prapti Aryal, Finance Director and David Guhin, City Manager)
Action: Adopted as Resolution 92-2024.
8. PUBLIC HEARING
Item 8.1: Continued 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 (Jennifer Gates, AICP, Community Development Director)
Action: Adopted as Resolution 93-2024.
Ex-Parte Communication Disclosures (Since the last meeting):
- Vice Mayor Farrar-Rivas spoke to Jim Bohar via phone. - Council Member Ding spoke to Jim Bohar via phone.
- Council Member Wellander met with Jim Bohar in person. - Council Member Lowe communicated with Jim Bohar via text. - Mayor Gurney spoke to Jim Bohar via phone.
Open Public Hearing: 6:32 p.m.
Public Comment: Jim Bohar and Victor Conforti
Closed Public Hearing: 6:43 p.m.
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to Adopt a Resolution Titled “A Resolution of the City of Sonoma Affirming in Part and Denying in Part an Appeal of the Planning Commission’s Decision on May 16, 2024, Denying the Amendment to the Use Permit (UA 23-40) and Wine Tasting Use Permit (WTUP 24-1) Applications of Michael Ross at 301 First Street West (APN 018-161-042), Setting Aside the Planning Commission’s Resolution and Approving the Use Permit (UA 23-40) and Wine Tasting Use Permit (WTUP 24-1). Motion carried unanimously.
Item 8.2: Public Hearing to Consider Adopting a Resolution Declaring Results of Majority Protest Proceedings to Renew the Sonoma Tourism Improvement District (David Guhin, City Manager)
Action: Adopted as Resolution 94-2024.
Open Public Hearing: 6:57 p.m.
Public Comment: None.
Closed Public Hearing: 6:57 p.m.
Mayor Gurney sits on the Sonoma Tourism Improvement District Board.
Motion by Council Member Ding, seconded by Council Member Lowe, to Adopt a Resolution Declaring Results of Majority Protest Proceedings to Renew the Sonoma Tourism Improvement District. Motion carried unanimously.
9. REGULAR CALENDAR – CITY COUNCIL
None.
10. SECOND COMMENTS FROM THE PUBLIC
Agenda Item #7.2:
Regular Meeting Minutes, November 6, 2024
None.
10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 7:00 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 20th of November 2024. ____________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Nov 2024
Department
Finance
Staff Contact
Prapti Aryal, Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of October 2024 Summary
The attached report shows disbursements for the month of October 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. 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.
Fund 603 (Vehicle Replacement) has a higher budget vs actual as a result of the purchases of four vehicles, including two all-electric pickups, which was authorized under Resolution 66- 2024.
Fund 630 (Grants Restricted) shows expenditures 328% of budget as a result of receiving and transferring out $1,178,945 in grant funding for the Chase Street Bridge project.
Fund 731 (Senior Housing) added an expense budget of $40,410 for electrical upgrades and sidewalk repairs at Sonoma Creek Senior Housing as authorized by Resolution 86-2024.
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, October 2024
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #7.3:
Attachments
Disbo Report October 2024 (incl Fund Balance)
Fund Glossary
Alignment with Council Goals:
Agenda Item #7.3:
DISBURSEMENT REPORT OCTOBER 2024
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 4,953,052 24,262,320 20% 11,983,808
City Council 41001 10,338 42,179 175,144 24%
City Clerk 41002 34,761 114,100 439,186 26%
City Manager 41003 167,231 575,286 1,409,847 41%
Finance 41004 116,699 253,251 686,037 37%
City Attorney 41005 22,466 55,623 272,584 20%
Police 42101 1,039,007 2,126,463 7,595,839 28%
Fire 42201 644,340 3,285,997 7,936,241 41%
Public Works - Admin 43020 35,406 195,231 680,793 29%
Public Works - Streets 43022 93,856 480,893 1,180,173 41% Public Works - Parks 43023 92,408 627,217 1,651,256 38% Planning 43030 133,013 343,858 1,263,154 27%
Building 43040 47,317 134,518 941,768 14%
Community Activities 43101 129,150 418,271 979,429 43%
Successor Agency 43199 5,096 26,596 174,568 15%
Non-Departmental 43200 73,644 269,715 922,875 29%
Emergency Response 43201 177 5,385 - 0%
Transfers - 125,129 809,716 15%
Total General Fund Expenditures 2,644,910 9,079,709 27,118,608 33% Other Funds
Public Education & Gov 202 63 - - 59,061 0% (13,713)
Strong Motion 203 108 - - - 0% 6,612
Asset Forfeiture 211 255 - - - 0% 17,087
SLESF C.O.P.S Grant 217 5,265 - - 100,000 0% 413,819
Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,207)
Schell Drainage 234 2,980 - - - 0% 65,535
Abandoned Vehicle 240 3,124 3,408 4,773 - 0% (28,348)
Streets/Transport/Drain 301 1,184,860 167,930 199,627 499,599 40% (572,735) Gas Tax 302 97,737 3,501 53,162 1,080,940 5% 672,087
SB-1Road Maint 303 56,114 302,723 302,723 992,000 31% 438,698 Parks & Facilities 304 2,928 - - 70,000 0% 102,122
Fire Measure H 312 - - - 548,700 0% -
Transportation Measure M 313 43,652 - - 287,000 0% 278,258 Parks-In-Lieu/Quimby Act 314 8,351 - - 142,921 0% 337,667 Parks Measure M 315 5,989 - - 427,000 0% 542,173
Prop 68 Parks 316 - - - - 0% (185,190)
Successor Agency 391 837,257 - 60,869 2,591,338 2% (22,514,649) CREBS 495 - - - - 0% (41,749)
2012 POB 498 19 - - - 0% (5,252)
Cemeteries 501 87,502 33,695 121,073 637,126 19% (2,076,913) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 8,335 - - 50,000 0% 774,957
Water Utility 510 2,657,240 1,019,533 2,250,928 6,789,397 33% 7,680,352 Water CIP 512 25,390 - - 950,000 0% 1,818,866
Water Equip Replacement 513 10,238 - - - 0% 714,086
EMS Equip Replacement 521 1,427 - - - 0% 83,314
Mgmt Information Srvcs 601 172,934 17,644 117,964 608,159 19% 373,085 Vehicle Replacement 603 143,173 28,892 384,462 649,339 59% 1,212,216 Insurance 604 743 - - - 0% 49,838
Bulding Maintenance 610 148,539 - - 35,000 0% 3,283,565 Computer Loan 614 906 - - - 0% 63,945
Hardscape Maint 615 370 - - - 0% 25,977
Admin Hearings 620 129 - - - 0% 662
Grants Restricted 630 1,401,869 - 1,179,945 360,000 328% 223,080 Culture Fine Art 701 159 - - - 0% 12,108
Tree Trust 702 250 - - - 0% 19,069
Public Art 703 465 - - - 0% 44,928
Pool Scholarship 715 3,736 - - 25,000 0% 226,282
Senior Housing 731 3,687 - - 40,410 0% 253,030
Housing Trust 732 222,388 - - - 0% 2,337,383
IGT 796 25,717 - - 519,613 0% 2,075,144
SVFRA Operations 798 17,060 - - - 0% 643,920
TOTAL 12,134,013 4,222,236 13,755,238 44,581,211 31%
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 - 20 Nov 2024
Department
Public Works
Staff Contact
Ashley Cotter, PW Admin & Project Manager
Agenda Item Title
Adopt Resolutions Authorizing the City Manager to Execute a Contract with American Conservation Experience (ACE) in the Amount of 140,528.63 to Provide Restoration Services on the City of Sonoma Overlook Trail, Authorize the City to Accept a Donation in the Amount of $41,634 from the Sonoma Overlook Trail Stewards, and Reappropriating $20,000 in Parkin-Lieu Fees to CIP P-14 Summary
The Sonoma Overlook Trail, located on the upper Mountain Cemetery property, was constructed in 1999. The planning, design, and maintenance of the trail has relied heavily on volunteer efforts, led by the Sonoma Overlook Trail Stewards (Stewards). In recent years, the Stewards have become increasingly concerned about segments of the trail that are eroding, which has led to several problems, including increased maintenance, safety concerns, and the creation of rogue trails as hikers attempt to avoid the eroded segments. In 2016, the City with the assistance of the Stewards, conducted a trail rehabilitation project that was funded mostly through a Habitat Conservation Fund grant along with supplemental City funds that were used for an environmental review of the rehabilitation plan. Since 2016, the City authorized one additional contract with American Conservation Experience for trail rehabilitation work in 2022 and was awarded another grant through the Habitat Conservation Fund for trail rehabilitation work in July 2024.
The Habitat Conservation Fund grant is for the third and final phase of the trail rehabilitation.
This project addresses badly degraded areas in the upper reaches of the Upper Trail as it approaches the Upper Loop meadow and panoramic viewpoint. The Upper Trail (measured at approximately 2,179 linear feet) is the only public route for walkers and hikers to reach the summit, which is often the desired destination for most users. In many places along the trail there is significant erosion, excessive grade which is causing the trail bed to become a streambed in moderate rain. The City approved the application for grant funds from the Habitat Conservation Fund at the February 7, 2024 City Council Meeting via Resolution 05- 2024. The adopted resolution included an agreement for the City to provide $50,000 in Parkin-Lieu fees, and accepting $41,634 in private donations to meet the match requirement of this grant ($91,634), for a total project cost of $183,268.
American Conservation Experience (ACE) is a conservation corps and 501c3 non-profit that has a crew of youth volunteers that can build the trail in exchange for work experience. The AmeriCorps regulations and members service agreement provide a stipend and are eligible for grants to provide further education.
The City’s contribution has been budgeted over the last two fiscal years - $25,000 from FY 23-24, and $5,000 from FY 24-25 in the City’s Parks-in-Lieu/Quimby Fund - G/L account #314-54000-703-70703. The City will need to reappropriate $20,000 that did not get carried over from FY21-22 from the Parks-in-Lieu/Quimby Fund. The Parks-in-Lieu/Quimby has approximately $186,394 in available funding that has not been budgeted for FY 24-25 Agenda Item #7.4:
expenses. The attached resolution and budget amendment will transfer an additional $20,000 to account 314-54000-703-70703, providing the City with the entirety of its match requirement.
The project budget is below:
Item Cost
ACE Contract $140,528.63
Materials $16,170.00
Construction Management $12,000.00
Contingency $14,569.37
Total Project Cost $183,268.00
Recommended Council Action
Adopt Resolutions Authorizing the City Manager to Execute a Contract with American Conservation Experience (ACE) in the Amount of 140,528.63 to Provide Restoration Services on the City of Sonoma Overlook Trail, Authorize the City to Accept a Donation in the Amount of $41,634 from the Sonoma Overlook Trail Stewards, and Reappropriating $20,000 in Parkin-Lieu Fees to CIP P-14.
Alternative Actions
The Council could decline to accept the donation of funds from the Stewards and choose not to execute the contract with ACE. This would result in the City being unable to fulfill grant requirements as is and may require a major revision to the grant award.
Financial Impact
The City’s contribution has been budgeted over the last two fiscal years - $25,000 from FY 23-24, and $5,000 from FY 24-25 in City’s Parks-in-Lieu/Quimby Fund - G/L account #314- 54000-703-70703. An additional $20,000 from FY 21-22 that did not carry over will need to be reappropriated from the Parks-In-Lieu/Quimby Funds, which currently has an unreserved undesignated fund balance of approximately $186,394 that remains unbudgeted for FY 24-25 expenses. This project does not require a General Fund contribution, however, the grant is administered on a reimbursement basis. The City will initially pay the grant share ($91,634) from Fund 304, and when the reimbursement funds are received, those funds will be credited back to Fund 304, so there is no net impact to the General Fund. Additionally, the donation from the Sonoma Overlook Trail Stewards will be deposited into Fund 304, as that fund is for Parks Capital Improvement Projects. The attached budget amendment and resolution will accomplish the following:
1. Reappropriate $20,000 of Park-in-Lieu/Quimby Fees into G/L Account 314-54000- 703-70703
2. Increase Revenue in G/L Account 304-00000-000-35002 by $41,634 to account for Donation from the Sonoma Overlook Trail Stewards
3. Increase Expenses in G/L Account 304-50000-703-70703 by $91,634 for project expenses that will be submitted for reimbursement through the grant reporting and invoicing process (grant share).
4. Increase Revenue in G/L Account 304-00000-000-35004 by $91,634 to account for grant reimbursement received throughout project life/grant term (grant share).
Agenda Item #7.4:
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - ACE Agreement
Maintenance Service Agreement
Resolution - Budget Amendment
Exhibit A - Budget Adjustment Form
Alignment with Council Goals:
Agenda Item #7.4:
City of Sonoma
RESOLUTION # _______ - 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH AMERICAN
CONSERVATION EXPERIENCE IN THE AMOUNT OF $140,528.63 AND
ACCEPTING A DONATION FROM THE SONOMA OVERLOOK TRAIL STEWARDS IN THE AMOUNT OF $41,634
WHEREAS, the Sonoma Overlook Trail (Trail) and the property upon which it exists is owned by the City of Sonoma; and
WHEREAS, the City is ultimately responsible for the maintenance and repair of the Trail System; and
WHEREAS, City Council approved filing an application for the Habitat Conservation Fund Grant via Resolution 05-2024 in February 2024, this included agreeing to commit to a $50,000 match with $41,634 of private donations to meet the total match requirement of $91,634; and
WHEREAS, the City was awarded this grant in July 2024, which provided a 50% match of $91,634 for a total project cost of $183,268; and
WHEREAS, the scope of the grant addresses badly degraded areas of the upper reaches of the Upper Trail as it approaches the Upper Loop, which is the only public route for walkers and hikers to reach the summit of the Trail, which is often the destination for trail users; and WHEREAS, American Conservation Experience (ACE) has done work for the City before in 2016 as part of a Habitat Conservation Fund grant, and in 2022; and WHEREAS, ACE has a crew of youth volunteers that can build the trail in exchange for work experience; and
WHEREAS, ACE is exempt from prevailing wage as a volunteer 501(c)3 organization per Labor Code section 1720.4 subdivision (a); and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the City Manager to execute a contract with American Conservation Experience in the amount of $140,528.63 and accepts a donation from the Sonoma Overlook Trail Stewards in the amount of $41,634.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 20th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Agenda Item #7.4:
__________________________________
John Gurney, Mayor
ATTEST:
__________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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MAINTENANCE SERVICE AGREEMENT
Providing Payment of Prevailing Wage
(City of Sonoma / American Conservation Experience)
1. IDENTIFICATION
This MAINTENANCE SERVICE AGREEMENT (“Agreement”) is entered into by and between the City of Sonoma, a California municipal corporation (“City”), and American Conservation Experience, an Arizona 501(c)(3) nonprofit corporation (“Contractor”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following recurring maintenance services from a contractor: maintain, rehabilitate, and restore the Upper Loop of the Sonoma Overlook Trail, Located in the City of Sonoma.
2.2 Contractor represents that it is fully qualified to perform such maintenance services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it is willing to accept responsibility for performing such maintenance services in accordance with the terms and conditions set forth in this Agreement.
2.3 City has relied upon the ability and training of the Contractor as a material inducement to enter into this Agreement. Contractor 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 Contractor’s work by City shall not operate as a waiver or release. Contractor represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Contractor 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 Contractor to perform its services. Contractor shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Contractor’s failure to so perform.
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:
3. DEFINITIONS
3.1 “Agreement Administrator”: The Agreement Administrator for this project is Michael 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 Contractor.
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Contractor’s May 1, 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 November 20, 2024.
3.4 “Contractor Project Administrator” is Chris Binder, and will be the principal point of contact for the Contractor.
3.5 “Maximum Amount”: The highest total compensation and costs payable to Contractor by City under this Agreement. The Maximum Amount under this Agreement is One Hundred and Forty Thousand Five Hundred Twenty Eight Dollars and Sixty Three Cents ($140,528.63).
3.6 “Scope of Services”: Such maintenance services as are set forth in Contractor’s 5/1/2024 proposal to City attached hereto as Exhibit A and 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 expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 15 (“Termination”) below.
Contractor may request extensions of time to perform the services required hereunder.
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONTRACTOR’S DUTIES
5.1 Services. Contractor 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, Contractor 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:
5.1.1 Only the City Public Works Director or City Council may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor 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 Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.
5.1.2 If the Contractor 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 Contractor on a fair and equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Contractor. Such Supplemental Agreement shall be executed by the Contractor and be approved by the City in accordance with its purchasing policy.
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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5.1.3 In the event City determines that such work does not constitute extra work, Contractor 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 Contractor. Any written appeal shall include a description of each and every ground upon which Contractor challenges the staff’s determination. The City Council’s decision shall be final.
5.2 Professional Standards. Contractor shall perform all work to the highest standards of Contractor’s profession and in a manner reasonably satisfactory to City. Contractor 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, Contractor shall coordinate all contact with City through its Agreement Administrator.
5.4 Budgetary Notification. Contractor shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount.
Contractor shall concurrently inform the Agreement Administrator, in writing, of Contractor’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.
5.5 Business License. Contractor shall obtain and maintain in force a City business license for the duration of this Agreement.
5.6 No Known Relationships. Contractor 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 Contractor from performing the terms of this Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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Agreement, or (iii) present a significant opportunity for the disclosure of confidential information.
5.7 Avoid Conflicts. During the term of this Agreement, Contractor shall not perform any work for another person or entity for whom Contractor was not working at the Commencement Date if both (i) such work would require Contractor to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Contractor’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 Contractor to disclose any campaign contribution by the Contractor or the Contractor’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. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, with Contractor’s execution of this Agreement.
5.9 City Retains Responsibility for Contracting. Contractor’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 public entity. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor 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 Appropriate Personnel. Contractor 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 Contractor or under its supervision or by subcontractor(s) of Contractor, and all personnel engaged in the work shall be qualified to perform such services. The Contractor Project Administrator shall be Contractor’s project Agenda Item #7.4:
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administrator and shall have direct responsibility for management of Contractor’s performance under this Agreement. No change shall be made in Contractor’s project administrator without City’s prior written consent.
5.11 Prevailing Wages. This Agreement is subject to the prevailing wage law as more fully set forth in section 8 (Labor Code), for all work performed under this Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Contractor acknowledges that prevailing wage determinations are available for work performed under this Agreement.
5.12 Permits and Approvals. Contractor shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary, if any, for Contractor’s performance of this Agreement including, but not limited to, professional licenses and permits, and building and safety permits and inspections.
5.13 Notification of Organizational Changes. Contractor shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Contractor’s firm or of any subcontractor. Change of ownership or control of Contractor’s firm may require an amendment to this Agreement.
5.14 Records. Contractor 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 Contractor 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. 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 AND ASSIGNMENT
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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Approved for use 12/29/2023
6.1 General Prohibition on Assignment. This Agreement covers services of a specific and unique nature. Except as otherwise provided herein, Contractor shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2 Contractor Responsible. Contractor shall be responsible to City for all services to be performed under this Agreement.
6.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein unless (1) such subcontracting is specifically described in the proposal attached hereto or the City provides prior written approval and (2) the subcontractor’s billing rates are identified in the Approved Fee Schedule, Exhibit B. In any event, Contractor shall supervise all work subcontracted by Contractor in performing the services described in the Scope of Services and shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work. The subcontracting of any work shall not relieve Contractor from any of its obligations under this Agreement with respect to the services described in the Scope of Services.
Contractor is obligated to ensure that any and all subcontractors performing any services under this Agreement shall be fully insured in all respects and to the same extent as set forth under Section 12 (Insurance), to City’s satisfaction.
6.4 Compensation for Subcontractors. Contractor shall be liable and accountable for any and 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.
7. COMPENSATION
7.1 General. City agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept payment, the Maximum Amount in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Contractor 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:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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7.2 Invoices. Contractor 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/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. Contractor shall include a copy of each subcontractor invoice, if any, for which reimbursement is sought in the invoice.
7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Contractor except as otherwise required by law. Contractor 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 Contractor.
8. LABOR CODE
8.1 Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.
8.2 Volunteer Work Exemption. Notwithstanding the foregoing, Contractor represents and warrants that it (a) is not subject to the provisions of Chapter 1, Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and (b) has the right to pay less than the specified prevailing wage rates to all workers retained in performance of the Scope of Services. Contractor further represents and warrants that it is not subject to said provisions of the California Labor Code because the services it performs hereunder shall be performed exclusively by volunteers and/or volunteer coordinators within the meaning of Labor Code Section 1720.4.
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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8.3 Indemnification. Contractor shall defend, indemnify, and hold harmless City, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such 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 Contractor 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. Contractor 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 Contractor.
10. RELATIONSHIP OF PARTIES
10.1 General. Contractor is, and shall at all times remain as to City, a wholly independent contractor.
10.2 No Agent Authority. Contractor 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. Contractor, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Contractor, 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 Contractor or any of Contractor’s employees, except as set forth in this Agreement.
Contractor 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 Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this Section 11, “Contractor” shall include Contractor, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Contractor or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.
11.2 Contractor to Indemnify City. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Contractor’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Contractor or failure to comply with any provision in this Agreement.
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. Contractor shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.
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. Contractor 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 Contractor with respect to a claim. If the City requests a defense deposit, Contractor shall provide it within 15 days of the request.
11.6 Waiver of Statutory Immunity. The obligations of Contractor under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City.
Agenda Item #7.4:
Maintenance Service Agreement
(City of Sonoma / American Conservation Experience)
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11.7 Indemnification by Subcontractors. Contractor 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 Contractor’s behalf. If Contractor fails to obtain such indemnity obligations from others, Contractor 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 Contractor’s subcontractors or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Contractor’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.
11.9 Indemnification of CalPERS Determination. In the event that Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.10 No Employment Benefits. Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Contractor 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
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12.1 Insurance Required. Contractor 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 Contractor. 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 Contractor’s obligation to provide them. Contractor 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: CIP P-14, Sonoma Overlook Trail Rehabilitation Project.
• 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, $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
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• 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. Contractor 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 Contractor 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.
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 Contractor 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.
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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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9 Subcontractors. Contractor 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.
Contractor 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 Contractor’s expense.
12.10 Proof of Renewal. Contractor 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.
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 Contractor. Contractor’s insurance policies shall be primary as respects any claims related to or as the result of the Contractor’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 Agenda Item #7.4:
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reduced except on thirty days’ prior written notice to City. Contractor 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 Contractor’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 Contractor 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 Contractor under this Agreement. Failure of the Contractor 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. Contractor shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Contractor shall provide proof that cancelled or expired 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 Contractor’s Insurance Primary. The insurance provided by Contractor, 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 Contractor’s insurance and shall not contribute with it.
12.15 Waiver of Subrogation. Contractor hereby waives all rights of subrogation against the City. Contractor shall additionally waive such Agenda Item #7.4:
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rights either by endorsement to each policy or provide proof of such waiver in the policy itself. Contractor 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 Contractor, its employees, agents and subcontractors.
12.16 Report of Claims to City. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted to Contractor’s insurer in connection with the services under this Agreement.
12.17 Premium Payments and Deductibles. Contractor must disclose all deductibles and self-insured retention amounts to the City. The City may require the Contractor 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. Contractor shall be responsible for all premiums and deductibles in all of Contractor’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.18 Duty to Defend and Indemnify. Contractor’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 Contractor with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Contractor’s services under this Agreement.
13.2 Contractor Cooperation in Defense of Claims. If any claim or action is brought against City relating to Contractor’s performance in connection Agenda Item #7.4:
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with this Agreement, Contractor 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 Contractor’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:
Michael 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 Contractor:
Chris Binder
American Conservation Experience
2900 N Fort Valley Road
Flagstaff, AZ, 86001
Telephone: 203-731-0718
Email: [email protected]
With courtesy copy to:
David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.14 (Records), section 11 (Indemnification), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 Agenda Item #7.4:
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(Contractor 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 Contractor of the services required. Notice of termination of this Agreement shall be given in writing to Contractor and shall be sufficient and complete when same is emailed to Contractor 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 Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2 Contractor Termination. Contractor may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.
16.3 Compensation Following Termination. Upon termination, Contractor shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4 Remedies. City retains any and all available legal and equitable remedies for Contractor’s breach of 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 Agenda Item #7.4:
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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 contains the entire Agreement between City and Contractor with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Contractor.
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 Contractor for performance of this Agreement Agenda Item #7.4:
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are deemed confidential and Contractor shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2 Conflicts of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor 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 Contractor.
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. Contractor shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national Agenda Item #7.4:
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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, or sexual orientation, or any other unlawful basis, including without limitation, the City’s NonDiscrimination Policy adopted as Resolution #25-2019. Contractor 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.
Contractor 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 Contractor unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Contractor 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. Contractor shall not be liable for any failure to perform if Contractor 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 Contractor.
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 Agenda Item #7.4:
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simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
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 Contractor 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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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:______________________
“Contractor”
American Conservation Experience
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:
By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
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WORKER’S COMPENSATION INSURANCE ACKNOWLEDGEMENT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker’s Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.
Date:________________________ _____________________________________ Signature
_____________________________________
Printed Name
_____________________________________
Title
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“EXHIBIT A”
Scope of Work
Agenda Item #7.4:
Sonoma Overlook Upper Trail Page 1
Begin End Size Tread
Feet Feet Action Feature Feature Attribute Qty L W H Width Units Comments 4016 Trail Junction Toyon Trail Junction
4264 Import Rock wall rock <1500 ft 108 cu ft Import from Toyon trailhead 4264 gather Rock wall rock 54 cu ft
excavate Rock rock medium Excavate to allow step seating import Steps Rock slab 12 5 1.5 6" pcs Import from Toyon trailhead import Aggregate 1.5" minus 2 cu yd Import from Toyon trailhead Trail has migrated to avoid rough
4264 4269 construct Steps overlapping Rock slab 3 5 1.5 6" 5 pcs Reduce tread to 5 ft4264 4393 construct Retaining wall Rock 157 1 1 5 cu ft Single tier both sides as necessary 4264 4280 construct Landing Aggregate 16 5 5 cu ft Fill and compact4281 4284 construct Steps overlapping Rock slab 2 3 1.5 6" 5 pcs4281 4291 construct Landing Aggregate 10 5 5 cu ft Fill and compact 4291 4294 construct Steps overlapping Rock slab 2 3 1.5 6" 5 pcs 4294 4304 construct Landing Aggregate 10 5 5 cu ft Fill and compact4304 4307 construct Steps overlapping Rock slab 2 3 1.5 6" 5 pcs4307 4320 construct Landing Aggregate 13 5 5 cu ft Fill and compact4320 4322 construct Step Rock slab 1 3 1.5 6" 5 pcs 4322 4340 construct Landing Aggregate 18 5 5 cu ft Fill and compact4340 4342 construct Steps Rock slab 1 3 1.5 6" 5 pcs 4342 4360 construct Landing Aggregate 18 5 5 cu ft Fill and compact4360 4362 construct Step Rock slab 1 3 1.5 6" 5 pcs Note reverse slope 4362 4393 construct Landing Aggregate 31 5 5 cu ft Fill and compact4393 Work segment end Exhibit A
Agenda Item #7.4:
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2 Begin End Size Tread
Feet Feet Action Feature Feature Attribute Qty L W H Width Units Comments 5393 Import Rock wall rock <1000 ft 54 cu ft Import from Upper Loop gather Rock wall rock 54 cu ft
excavate Rock rock hard 20 cu ft Excavate to allow step seating import Steps Rock slab 7 4 1.5 6" pcs Import from Upper Loop import Aggregate 1.5" minus 2 cu yd Import from Upper Loop 5393 5398 construct Steps overlapping Rock slab 3 4 1.5 6" 4 pcs5393 5400 construct Retaining wall Rock 14 7 1 2 4 cu ft 5398 5408 construct Landing Aggregate 7 10 4 2 4 cu ft Fill and compact 5408 5414 construct Steps overlapping Rock slab 4 4 1.5 6" 4 pcs Down steps5408 5417 construct Retaining wall Rock 18 9 1 2 4 cu ft 5414 5417 construct Landing Aggregate 2 3 4" 2 4 cu ft Fill and compact 5417 Work segment end5494 import Rock wall rock <1000 ft 20 cu ft Import from Upper Loop gather Rock wall rock 10 cu ft
import Steps Rock slab 2 4 1.5 6" pcs Import from Upper Loopimport Aggregate 1.5" minus 2 cu yd Import from Upper Loop 5494 5495 construct Step Rock slab 1 4 1.5 6" 4 cu ft
5494 5523 construct Retaining wall Rock 29 29 1 1 4 cu ft 5522 5523 construct Step Rock slab 1 4 1.5 6" 4 cu ft Down step 5495 5522 construct Landing Aggregate 54 27 4 6" 4 cu ft Fill and compact 5523 Work segment end
Agenda Item #7.4:
Sonoma Overlook Upper Trail Page
3 Begin End Size Tread
Feet Feet Action Feature Feature Attribute Qty L W H Width Units Comments 5671 Import Rock wall rock <800 ft 54 cu ft Import from Upper Loop gather Rock wall rock 54 cu ft
import Aggregate 1.5" minus 4 cu yd Import from Upper Loopimport Steps Rock slab 2 4 1.5 6" 4 pcs 5671 5672 construct Step Rock slab 1 4 1.5 6" 4 pcs5672 5766 construct Retaining wall Single tier 94 94 1 1 4 cu ft Downslope side only 5672 5766 construct Landing Outslope to wall top 125 94 4 4" 4 cu ft Fill and compact5766 5768 construct Step Rock slab 1 4 1.5 6" 4 pcs Down step 5768 Work segment end6110 excavate rock/scree hard rock 20 cu ft use pieces for crush fill 6110 Import Rock wall rock <300 ft 30 cu ft Import from Upper Loop gather Rock wall rock 55 cu ft
import Steps Rock slab 18 3 1.5 6" 3 pcs Import from Upper Loopimport Aggregate 1.5" minus 1 cu yd Import from Upper Loop 6110 6191 construct Steps overlapping Rock slab 18 3 1.5 6" 3 pcs6110 6191 construct Frame/gargoyle Rock 85 85 1 1 3 cu ft6192 6195 construct Transition landing Aggregate 4 5 3 3" 3 cu ft6195 Work segment end6195 Trail Junction Upper Loop Junction Agenda Item #7.4:
1 #5: We will use California State Parks Trail Handbook (rev. 2019) for all construc�on techniques.
A few examples follow:
Agenda Item #7.4:
2 Agenda Item #7.4:
3 Agenda Item #7.4:
4 Agenda Item #7.4:
5 Agenda Item #7.4:
6 Agenda Item #7.4:
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“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.4:
ACE PW Crew Budget 2025
American Conservation Experience City of Sonoma
4523 Harlin Dr. Sacramento, CA 95826 2025 Sonoma Overlook Trail Improvements Budget Date: 5/1/2024 Project Location: 198 1st St W #2, Sonoma, CA 95476 ACE Contact: Chris Binder, Pacific West Division Director Partner Contact:
Oriana Hart, Public Works Administrative and Project Manager [email protected] 203.731.0718 [email protected] 707.933.2233 ACE Indirect Rate (NICRA) as approved by DOI 25.28% In-Kind Rate (CA 2024 IndependentSector.org) $38.61) Expected Crew Composition Weeks on Project 12
Crew Leaders Assistant Team Leaders AmeriCorps Crew Members Non-AmeriCorps Members Total Crew Size 6 1 1 4 0
Personnel - Variable and Fixed
Job Description Cost/Hr Hrs/Week # Units # Weeks Total
Crew Leader $21.12 40.00 1 12 $10,137.60
Crew Leader OT $31.68 5.00 1 12 $1,900.80
Assistant Team Leader $12.36 40.00 1 12 $5,932.80
AmeriCorps Crew Member $8.76 40.00 4 12 $16,819.20
Project Manager $35.54 12.00 1 12 $5,117.76
Logistics Coordinator $26.52 10.00 1 12 $3,182.40
Member Support Coordinator $29.36 10.00 1 12 $3,523.20
Total Salaries/Labor $46,613.76
Fringe - Variable and Fixed
Job Description Base Rate Fringe Rate Total
Crew Leader $10,137.60 33.17% $3,362.64
Crew Leader OT $1,900.80 33.17% $630.50
Assistant Team Leader $5,932.80 19.92% $1,181.81
Crew Member $16,819.20 19.92% $3,350.38
Project Manager $5,117.76 33.17% $1,697.56
Logistics Coordinator $3,182.40 21.45% $682.62
Member Support Coordinator $3,523.20 21.45% $755.73
Total Fringe $11,661.25
Travel - Fixed
Travel Expense Unit Cost Cost/Item # Units # Weeks # of Miles # of trips Total Crew Transport - Vehicle and
trailer $693.14 per crew week 1 12 NA NA $8,317.68
Crew Transport - Fuel $312.55 per crew week 1 12 NA NA $3,750.64 Project Manager ground travel
from base to site. Includes
vehicle use & fuel at current GSA Rate
$0.670 per mile 1 NA 100 10 $670.00
Project Manager Per Diem at
current GSA Rate $74.00 per day 20 NA NA NA $1,480.00
Total Travel $14,218.32
Supplies - Fixed
Supplies/Materials Unit Cost Cost/Item # Units # Weeks Total Handtools & project supplies $123.73 per crew week 1 12 $1,484.76 Safety and First Aid Supplies (PPE & First Aid) $75.68 per crew week 1 12 $908.16 Crew communications and data recording $117.73 per crew week 1 12 $1,412.76 Crew field food & consumables $70.87 weekly per crew member 6 12 $5,102.64 Camping equipment & supplies $20.42 weekly per crew member 6 12 $1,470.24 Commercial Camping Site Costs $140.00 per site per crew week 2 12 $3,360.00 Canycom Toter $247.26 per crew week 1 12 $2,967.07
Vibraplate Compactor $90.00 per day 0.5 12 $540.00 Generator and Rock Breaker $393.14 per crew week 1 12 $4,717.68 Total Supplies/Materials $21,963.31
Other Expenses - Fixed
Item Unit Cost Cost/Item # People # Weeks Total
Crew Housing (off hitch) $185.15 weekly per crew member 6 12 $13,330.80 Corpsmember background checks $6.00 weekly per corpsmember 5 12 $360.00 Corpsmember orientation/pre-project training $67.07 weekly per corpsmember 5 12 $4,024.20 Total Other $17,715.00
Match Provided by ACE - Variable
Job Description Value of Labor Cost/Hr Hrs/Week # Units # Weeks Total Assistant Team Leader $38.61) $12.36 40.00 1 12 $12,600.00 AmeriCorps Member $38.61) $8.76 40.00 4 12 $57,312.00
Total Match $69,912.00
Direct Cost Subtotal
SubTotal Direct Cost to Cooperator $112,171.64
Indirect Cost
IR Rate Direct Cost Subtotal Subtotal Indirect Cost
Total Indirect Cost to Cooperator 25.28% $112,171.64 $28,356.99 Total Cost Cash Cost to Partner ACE Provided Non-Cash Match Match Rate $140,528.63 $69,912.00 49.75%
Notes: Excludes all costs of purchased materials (steps and aggregate provided by City of Sonoma). Budget covers work at sites 2-5 and includes camping costs for crew of 6.
Vibraplate rental is $90/day for 6 days
Weekly Invoice Rate $7,452.82
Hourly Invoice Rate - Crew Leader $35.24
Hourly Invoice Rate - ATL $18.57
Hourly Invoice Rate - Corpsmember $13.16
Hourly In-kind Match Rate - ATL $26.25
Hourly In-kind Match Rate - Corpsmember $29.85
Exhibit B Agenda Item #7.4:
381490.1
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.4:
381490.1
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
RESOLUTION # _______ - 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET
WHEREAS, the on June 19, 2024, the City Council of the City of Sonoma adopted Resolution 42-2024 adopting the budget for Fiscal Year 2024-25; and WHEREAS, the changes in anticipated revenues and/or expenditures of the City of Sonoma necessitates amendments to the appropriations for Fiscal Year 2024-25; and WHEREAS, the budgeted expenditures do not exceed anticipated revenue and available fund balance; and
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2024-25 budget amendment; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma that the budget amendment for Fiscal Year 2024-25 as contained in Exhibit A to this resolution are hereby adopted.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 20th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
John Gurney, Mayor
ATTEST:
__________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
Batch ID#:
Entered By:
Date:
Request Date: 20-Nov-24 Fiscal Year: 2024-2025
Requesting Department: Public Works
Adjustment Description: CIP P-14 Additional Funds request, Accepting Donations, and Grant Reimbursement Requestor: Ashley Cotter, PW Admin and Project Manager
Department Head Approval: Mike Berger, Public Works Director Date: 11/7/2024 Finance Review: Prapti Aryal, Finance Director Date: 11/7/2024 City Manager Approval (if required)*: Date:
Net Adjustment:
Justification:
City Clerk Signature (if required)**: Date:
* City Manager Approval required for transfers between departments within the same fund, any changes to salary/benefit budgets, or matching increases to revenue and expense budgets.
** City Clerk Signature indicates that the requested Budget Adjustment was approved by Council. $ 153,268.00
Increase / (Decrease)
$ 20,000.00
153,268.00
TOTAL DEBIT
1) Reappropriating $20,000 in Park-In-Lieu fees that were not carried over from FY21-22. This is required for the total match required for Habitat Conservation Fund Grant funds for the Sonoma Overlook Trail Rehabilitation. Currently P-14 has $30,000 in Park-In-Lieu funds budgeted during FYs 23-24 and 24-25. 2) Increasing Revenue in Fund 304 to account for reimbursement from HCF grant, Increasing Expenditures in Fund 304 as the HCF grant is administered on a reimbursement basis, so the City will pay those costs and be reimbursed for them. 3) Increasing revenue in GL#304-00000-000-35002 to account for Sonoma Overlook Trail Stewards Donation of $41,634. All of these are for CIP P-14. 153,268.00
TOTAL CREDIT
Total Expenditure Adjustments: 153,268.00
-
304-50000-703-70703
Increase in Expenses for Project Costs to be submitted for Reimbursement
304-50000-703-70703 From SOT Trail Stewards Donation 41,634.00 $ 91,634.00
Total Revenue Adjustments:
Account Description of Adjustment
314-54000-703-70703
Adjusting Construction/Materials Park-In-Lieu account for additional funding
$ 41,634.00
Increase in Revenue for Grant Reimbursement
Increase in Revenue to account for Donation from SOT Trail 304-00000-000-35002 Stewards
304-00000-000-35004
Budget Adjustment Form
Account Description of Adjustment Increase / (Decrease) Finance Department Use Only
$ 91,634.00
314-00000-000-37250 Adjusting Revenue in Park-In-Lieu account $ 20,000.00 Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Nov 2024
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Approving Addendum 1 to the Joint Powers Agreement with the County of Sonoma Addressing Payment for Video Streaming of Sonoma Valley Community Advisory Commission (SVCAC) Meetings with Costs Shared between the City and the County of Sonoma and Authorizing the Mayor to Execute the Addendum Summary
The County of Sonoma and the City of Sonoma first established the Sonoma Valley Citizens Advisory Commission in 1993 pursuant to Government Code section 65101 as a joint advisory agency to provide a regular forum for community participation in the formation of public policy, to consider local planning issues concerning the Sonoma Valley, to evaluate solutions to these issues, to advise elected officials and other decision makers, and to form a bridge for communication between the various governmental agencies and the general public. Most recently the Commission was extended for five additional years. This extension expires December 31, 2028.
Meetings of the SVCAC are held in the City Council Chambers at 177 First Street West, Sonoma, and the City contracts with a third-party vendor to video stream meetings held in the City Council Chambers, except for SVCAC meetings. The City and County desire to use the vendor’s streaming services for these meetings. The City and County have agreed to pay an equal portion of the amount charged by the vendor.
By mutual agreement, the City and the County propose this Addendum to the JPA which will formalize the relationship between the City, County, and third-party vendor (Vendor) to video stream meetings of the SVCAC which take place in the City Council Chambers. If approved, this addendum authorizes the City to pay 50% of the cost per meeting of these streaming services, with the City issuing payment to Vendor for the full amount and sending statements to the County for reimbursement of 50% of the amount paid.
The Board of Supervisors considered this item at their meeting on November 12, 2024, and approved it.
Recommended Council Action
Adopt the resolution approving Addendum 1 to the Joint Powers agreement.
Alternative Actions
Council discretion.
Financial Impact
Agenda Item #7.5:
There would be an impact of approximately $3,000 annually to the City as their share of cost if approved.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - SVCAC Addendum 1
ADDENDUM 1 to SVCAC JPA
Agenda Item #7.5:
City of Sonoma
RESOLUTION # _______ - 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING ADDENDUM 1 TO THE JOINT POWERS AGREEMENT WITH THE COUNTY OF SONOMA
FOR VIDEO STREAMING OF SONOMA VALLEY COMMUNITY ADVISORY COMMISSION (SVCAC) MEETINGS WITH COSTS SHARED BETWEEN THE CITY AND COUNTY OF
SONOMA AND AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDUM WHEREAS, the Sonoma Valley Community Advisory Commission (SVCAC) was created through a Joint Powers Agreement between the City of Sonoma and the County of Sonoma (County). Its purpose is to provide a public forum to deliberate planning decisions impacting both the City of Sonoma and the unincorporated areas of the Sonoma Valley; and WHEREAS, the City and the County entered into a Joint Powers Agreement (JPA) on January 1, 2024, to continue the Sonoma Valley Citizens Advisory Commission under the new name of Sonoma Valley Community Advisory Commission; and
WHEREAS, meetings of the SVCAC are held in the City Council Chambers at 177 First Street West, Sonoma; and
WHEREAS, the City contracts with a third party vendor (“Vendor”) to video stream meetings held in the City Council Chambers, except for meetings of the SVCAC; and WHEREAS, the City and County desire to utilize the services of Vendor for meetings of the SVCAC and agree to share costs as it is a mutual benefit; and WHEREAS, the City and County agree to amend the JPA to address how the video streaming services will be paid for.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby approves Addendum 1 to the Joint Powers Agreement with the County of Sonoma Addressing Payment for Video Streaming of Sonoma Valley Community Advisory Commission (SVCAC) Meetings with Costs Shared between the City and the County of Sonoma and Authorizing the Mayor to Execute the Addendum.
PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 20th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
John Gurney, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:
ADDENDUM #1
JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SONOMA AND THE
CITY OF SONOMA CONTINUING THE SONOMA VALLEY CITIZENS ADVISORY
COMMISSION AND AMENDING THE NAME TO THE SONOMA VALLEY
COMMUNITY ADVISORY COMMISSION
THIS ADDENDUM TO THE AGREEMENT is entered into as of the Twelfth day of November, 2024, by and between the County of Sonoma, herein called “County”, and the City of Sonoma, herein called “City”.
Recitals
WHEREAS, the Sonoma Valley Community Advisory Commission (SVCAC) was created through a Joint Powers Agreement between the County and the City. Its purpose is to provide a public forum to deliberate planning decisions impacting both the City of Sonoma and the unincorporated areas of the Sonoma Valley; and
WHEREAS, the County and the City entered into a Joint Powers Agreement (“JPA”) on January 1, 2024, to continue the Sonoma Valley Citizens Advisory Commission under the new name of Sonoma Valley Community Advisory Commission; and WHEREAS, meetings of the SVCAC are held in the City Council Chambers at 177 First Street West, Sonoma; and
WHEREAS, City contracts with a third party vendor (“Vendor”) to video stream meetings held in the City Council Chambers, except for meetings of the SVCAC; and WHEREAS, City and County desire to utilize the services of Vendor for meetings of the SVCAC and agree to amend City’s contract with Vendor to include SVCAC meetings; and
WHEREAS, City and County agree to amend the JPA to address how the video streaming services will be paid for.
Agreement
NOW, THEREFORE, IT IS AGREED that County and the City will pay an equal portion of the amount charged (50% each) by City’s Vendor for video streaming services of SVCAC meetings.
BE IT FURTHER AGREED that the City’s Vendor will provide these services based on the following rate for FY 24/25; if Vendor’s rates change, the City will provide County notice of the updated rate:
SVCAC Meeting in City Council Chambers $350.00 first three hours Additional Hours $50.00 per hour
Agenda Item #7.5:
BE IT FURTHER AGREED that City will issue payment to its Vendor for the full amount and send monthly statements to County for reimbursement of 50% of the amount paid.
Statement and payments shall be addressed as follows:
For City: For County:
BE IT FURTHER AGREED that County and City reserve the right to terminate this Addendum at any time upon mutual agreement, or upon sixty (60) days’ notice from either party to the other.
IN WITNESS WHEREOF, County and the City have executed this Addendum as of the date first above written.
CITY OF SONOMA COUNTY OF SONOMA
By: ____________________________ BY: ___________________________ John Gurney, Mayor Chair
ATTEST: ATTEST:
________________________________ ______________________________ Rebekah Barr, MMC, City Clerk Christina Rivera, County Executive Officer
Office of the City Clerk
1 The Plaza
Sonoma CA 95476
(707) 938-3681
[email protected]
Accounts Payable – Board of Supervisors
575 Administration Drive Suite 100A
Santa Rosa, CA 95403
707-565-2241
[email protected]
Agenda Item #7.5:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Nov 2024
Department
Planning and Community Services
Staff Contact
Diane Levine, Associate Planner
Agenda Item Title
Discussion, Consideration, and Possible Introduction of an Ordinance of the City Council amending Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections
19.54.090 through 19.54.100 (Planning Permit Approval or Disapproval), and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.
Summary
The proposed Development Code amendments represent the Planning Division’s effort to correct inconsistencies in the City of Sonoma’s Municipal Code (SMC). Staff has identified an inconsistency in provisions that regulate the period of time an applicant has to exercise a permit approval.
Chapter 19.56, Permit Implementation, Time Limits, Extensions, explicitly provides a period of two years in which an applicant must exercise a permit approval unless conditions of approval or other provisions of the Development Code establish a different time limit. The two-year time limit for exercising permits was an increase from one year that the City Council approved on January 20, 2021 under Ordinance No. 01-2021. However, Chapter 19.54 still provides for a one-year time limit to exercise permits. This created an inconsistency between the periods in Title 19, Chapters 19.54 and 19.56.
The proposed Ordinance would amend Chapter 19.54, Planning Permit Approval or Disapproval, to indicate a two-year expiration in which an applicant shall exercise an approval. The purpose of the proposed amendments would create consistency between the Chapters related to expiration periods by referencing Chapter 19.56 in Chapter 19.54. The proposed amendments are provided in the draft Ordinance. In addition, Staff has included a clause that this ordinance shall apply retroactively to all applicable permit approval with an effective date of February 19, 2021, the date of Ordinance No. 01-2021 went into effect.
On October 24, 2024, the Planning Commission recommended the City Council approve the Ordinance as presented.
Recommended Council Action
Introduce the ordinance titled “An Ordinance of the City Council of the City of Sonoma amending Title 19 of the Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections 19.54.090 through 19.54.100 Regarding Planning Permit Post-Approval Procedures and Finding this Action is Exempt From Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).” Alternative Actions
Agenda Item #8.1:
Council discretion.
Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft City Council Ordinance
Alignment with Council Goals:
Agenda Item #8.1:
City of Sonoma
ORDINANCE # __________ - 2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING TITLE 19 OF THE SONOMA MUNICIPAL CODE SECTIONS 19.54.040 THROUGH 19.54.070 AND SECTIONS 19.54.090 THROUGH 19.54.100 REGARDING PLANNING PERMIT POSTAPPROVAL PROCEDURES AND FINDING THIS ACTION IS EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW UNDER THE GENERAL RULE IN CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION
15061(B)(3)
WHEREAS, on January 20, 2021, the City Council of the City of Sonoma adopted Ordinance No. 01-2021 amending Sonoma Municipal Code Section 19.56.040 (Time Limits and extensions) to extend time limit for exercising permits from one year to two years; and WHEREAS, this amendment created an inconsistency with other sections of the Sonoma Municipal Code, Title 19, Chapter 19.54 (Planning Permit Approval and Disapproval); and
WHEREAS, the City desires to create a consistent expiration period for permits under Sonoma Municipal Code, Title 19, Chapters 19.54 and 19.56; and WHEREAS, on October 24, 2024, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments to adjust time limits for land use permits, considered public testimony, and made a recommendation to the City Council to approve a draft Ordinance; and
WHEREAS, the City Council conducted a noticed public hearing on November 20, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the Sonoma Municipal Code set forth hereinbelow are consistent with state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:
SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2: The following sections of the Sonoma Municipal Code are hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
Agenda Item #8.1:
A. Subdivision (G) of Section 19.54.040 (Use permits) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:
19.54.040 Use permits.
G. Expiration. A use permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Postapproval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a use permit application.
B. Subdivision (G) of Section 19.54.050 (Exceptions) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:
19.54.050 Exceptions.
G. Expiration. An exception shall be exercised within one year from the date of approval, or the exception shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Post approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on an exception application.
C. Subdivision (G) of Section 19.54.060 (Variances) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:
19.54.060 Variances.
G. Expiration. A variance shall be exercised within one year from the date of approval, or the variance shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Post approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a variance application.
D. Subdivision (G) of Section 19.54.070 (Planned development permit) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:
19.54.070 Planned development permit.
G. Expiration. A planned development permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a planned development permit application.
Agenda Item #8.1:
E. Subdivision (I) of Section 19.54.090 (Demolition permit) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:
19.54.090 Demolition permit.
I. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and Chapter 19.84 (Appeals) SMC after the decision on a design review demolition permit application.
F. Subdivision (I) of Section 19.54.100 (Request for reasonable accommodation) of Chapter
19.54 (Planning Permit Approval Or Disapproval) is amended as follows:
19.54.100 Request for reasonable accommodation.
I. Expiration. A request for reasonable accommodation shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a request for reasonable accommodation.
SECTION 3. Retroactivity. This ordinance intends to correct an inadvertent inconsistency regarding the expiration of permits created under Ordinance No. 01-2021 and as such shall apply retroactively to all applicable permits with an effective date of February 19, 2021, the effective date of Ordinance No. 01-2021.
SECTION 4. Findings for Development Code Amendments.
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance are:
A. The proposed amendment is consistent with the goal, policies, and actions of the General Plan;
The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan. Consistency between Sections of the Development Code ensure accuracy of the Development Code review process and therefore the amendments are consistent with the goals, policies, and actions of the General Plan.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
the proposed amendment is to correct an inconsistency in the code to accurately reflect the expiration limit previously approved by the City Council January 20, 2021. Therefore the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
Agenda Item #8.1:
C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 5 below; and
The amendments fall under CEQA Guidelines Section 15061 (B)(3) General Rule. The General Rule, also known as the “Common Sense Exemption” applies to projects in which it is clear and definitive that the project will not have any significant impacts on the environments.
D. The proposed amendment is internally consistent with other applicable provisions of this development code.
The purpose of the amendments is to create consistency with other applicable provisions of the development code by removing internal inconsistencies in the Municipal Code and improve clarity on the post-approval procedures for staff, applicants, and residents.
SECTION 5. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, and not involving a commitment to any specific project that may result in a potentially significant physical impact on the environment, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.
SECTION 6. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. Effective Date.
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 8. Publication.
Agenda Item #8.1:
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 9. This Ordinance Prevails Where There is Conflict.
To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control APPROVED:
__________________________
John Gurney, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the __ day of December, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Agenda Item #8.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 Nov 2024
Department
Administration
Staff Contact
David Guhin, City Manager
Agenda Item Title
Update on 2024 Council Goals
Summary
The City Council held a workshop on February 2, 2024, to formulate the City Council Goals for fiscal year 2024-25. This practice allows goals, which in many cases require funding, to align with the City's budget. On February 21, 2024, the City Council ratified the FY2024-25 City Council Goals and adopted its formal budget on June 19, 2024.
This report provides the City Council and the public with an update on the City of Sonoma’s 2024 Council Goals. These goals continue to guide our work towards enhancing community well-being, promoting sustainability, and ensuring Sonoma’s vibrancy, inclusivity, and resilience.
Key Updates by Goal Area:
Housing: The City has made strides in affordable and supportive housing initiatives, approving new housing projects and promoting funding sources. Efforts include the start of the Housing Element implementation, streamlined permitting, and the expansion of services for unhoused community members.
Annexation/Unification: The City has progressed on engagement with the Sonoma Valley by dedicating additional Valley representation on each board and commission, coordinating with the County on community input, and increasing Valley-wide funding for homeless services.
Economic Development/Revenue Stewardship: Staff has collaborated with local businesses to support economic vitality, including introducing new downtown initiatives and shuttle services, enhancing financial transparency through OpenGov, and pursuing revenue measures, including a successful sales tax initiative.
Climate Mitigation and Adaptation: The City is advancing climate initiatives in partnership with the Climate Action Commission, including adding two new electric fleet vehicles, exploring public transit improvements, and securing grants for sustainable projects like turf rebates.
Parks, Recreation, and Community Services: Efforts to enhance community spaces and recreation services include planning for a new Parks and Recreation Department, developing a Plaza Park sustainability plan, and supporting local events and programs through the City's Recreation and Community Services Discretionary Funding Program.
More detail on accomplishments towards the 2024 City Council Goals are in the attached memo. The City of Sonoma has made substantial progress on its 2024 Council Goals and will begin the 2025 goal-setting process in late January to ensure alignment with our Agenda Item #9.1:
community's evolving needs.
Recommended Council Action
Receive update and provide input and/or feedback.
Alternative Actions
Financial Impact
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
2024 City Council Goals Progress Update Memo
Alignment with Council Goals:
Agenda Item #9.1:
Office of the City Manager
The City of Sonoma
M E M O R A N D U M
City of Sonoma 2024 Council Goals: Status Update
As we continue through 2024 and head into 2025, we are pleased to provide an update on the progress and accomplishments related to the City of Sonoma’s Council Goals for this year.
These goals reflect our commitment to enhancing the quality of life for all residents, promoting sustainable growth, and ensuring that Sonoma remains a vibrant, inclusive, and resilient community.
1. Housing
Goal: Address housing needs across all levels, from affordable housing to market-rate residences, and develop compassionate strategies to support and house unhoused community members.
Accomplishments:
• Housing Element Implementation: We started streamlining processes and simplifying procedures to accelerate the approval and development of housing projects. Efforts to create fair fee structures are underway, ensuring financial viability for developers while maintaining affordability for residents.
• Funding: The City approved a resolution supporting the Bay Area Housing Finance Authority Housing Bond on the November 5th ballot. Unfortunately, this measure that had the potential of bringing between $15M-$23M to the City of Sonoma for use in building Affordable Housing and Permanent Supportive Housing was pulled from the November ballot. Staff is continuing to look for other sources of funding that will assist with the development of affordable housing.
• Affordable Housing Projects:
o In 2024, Planning Commission approved one new 31 unit housing development with two affordable units and a 50 unit housing development with 13 affordable units is currently under review.
o Two additional developments were issued building permits in 2024 providing 19 new units, three of which will be affordable.
o Shared affordable housing opportunities through the city’s auto notification capability, currently have 756 subscribers who have signed up to receive news and announcements regarding affordable housing
Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
• Homelessness Initiatives:
o In the 2024/25 budget, the City has allocated funds to support HAS, SOS, and the By-Names List (BNL) program, reinforcing our commitment to addressing homelessness in Sonoma Valley.
o Sonoma Valley received Measure O funding to expand outreach services by onboarding two additional case managers through a partnership between HomeFirst and SAVS. The City remains dedicated to advocating for services that address homelessness across Sonoma Valley, working to identify service gaps and actively participating in BNL and Continuum of Care (COC) meetings. o The City has recently permitted an outreach van to be parked on City-owned property every evening to support the regions homelessness service efforts, this allows the team more time to engage with the homeless as they don’t have to drive to and from Petaluma to pick up the vehicle daily. o New to the Valley is the Keeping People Housed program, set to launch in December 2024, will provide free financial assistance and legal support for eligible households. This program offers aid for rent, utilities, eviction prevention, and other urgent needs.
o City staff has also submitted a funding request under the County’s Measure O Homeless Notice of Funding Availability (NOFA) for three critical projects: winter shelter operations, a landlord incentive program, and an extension of the Sonoma Valley BNL program.
2. Annexation/Unification
Goal: Explore annexation options and opportunities for areas adjacent to the City of Sonoma, ensuring a transparent and inclusive public engagement process.
Accomplishments:
• Valley Representation on Boards and Commissions: The Council has updated its Board and Commission policies to dedicate 2 positions on each board and commission to someone living in Sonoma Valley outside of the City Limits. The purpose of this was to provide a way for the broader community to have input on City projects that could impact the Valley as a whole.
• Community Engagement: Staff worked with the County to create a draft community engagement process to gather input from both current city residents and those in the potential annexation areas. The goal of this outreach is to understand the need and to obtain data that could be used in determining what steps the City and county could take to address those needs. This process will ensure that all voices are heard and considered in the decision-making process. The next step is to bring the proposed plan to the City Council for approval prior to the start of the outreach effort.
Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
• Emergency Response: Staff participated in Bay Area Urban Areas Security Initiative’s Equitable Community Resilience Project. “Local Roadmaps to Community Resilience” which centered around emergency preparedness focused on an identified “disadvantaged” census tract 06097150305. This census trac is located in the “Springs”. • Regional Projects/Funding:
o The City Council approved individual $3,000 funding opportunities to organizations in the City and in the Valley that provide projects and programs that inspire creativity, foster community connection and strengthen partnerships, all aimed at enhancing the quality of life for everyone in Sonoma Valley. o The City Council has approved $200,000 in funding to support homeless services throughout Sonoma Valley. These funds were allocated to SOS and HAS to enhance service provision in the area. In addition, the City of Sonoma actively participates in By-Names List (BNL) meetings, working to identify service needs and pursue funding opportunities, including grant writing, to support these initiatives.
o Staff is working with the County to start the process of creating an EIFD for the Valley including the City to support infrastructure utilizing tax increment. o Staff is working with regional service providers to evaluate possible sharing of services to reduce redundancies, increase efficiencies and reduce costs of operating and maintaining multiple systems.
3. Economic Development/Revenue Stewardship
Goal: Foster economic vitality through a business-friendly environment, support small businesses, and explore revenue-enhancing strategies.
Accomplishments:
• Business Support Programs:
o Staff has worked with the Chamber and local restaurants, hotels and businesses to identify ways to increase foot traffic including testing of a new downtown shuttle, expanding hours, modifying the sidewalk seating program, and increasing events and food options later in the evening. o Continued sponsorship of Sonoma Art Walk - First Thursdays supporting our arts and business communities by bringing people downtown during ‘off-peak’ season.
o Supported and facilitated the extension of the Tourism Improvement District (TID) to provide outreach and event support to attract visitors during off-peak times.
Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
• Finance Process and Procedures:
o Hired a Finance Director
o Implemented OpenGov to enhance transparency and public education regarding the City's finances
o Completed 2 years of back audits and working to get caught up this year which is crucial for determining accurate audited balances.
o Performed review and clean up of all City Accounts
• Revenue Enhancement:
o The City Council approved a ½ cent sales tax revenue measure for the November 2024 ballot. Ballot measure passed with approximately 60% of the vote.
o The City Council approved a contract with HDL to review and identify businesses that have not paid or have underpaid TOT and Business License tax. o Staff has started a fee study to address city wide fees to ensure fees are generating the funding needed to provide the desired services including development fees, event fees, etc.
o Staff has moved cash funds into a higher interest yield account to generate increased revenue
o City Council approved an updated investment policy and use of an investment manager to start investing cash in low-risk investments o The City Council has approved the use of the Field of Dreams for Transcendence Theatre Company's summer event series. This collaboration has brought significant benefits to the City of Sonoma, including increased sales tax revenue driven by ticket sales and the spending of visitors at local restaurants, bars, tasting rooms, and hotels.
o Sonoma’s Tuesday Night Farmers Market: Celebrating Community and Local Vitality. Sonoma’s Tuesday Night Farmers Market is a cherished, 20-week community gathering held from May through September, embodying the spirit of connection, sustainability, and local pride. This event not only brings friends and neighbors together weekly but also strengthens our local economy by providing a thriving venue for farmers to sell fresh produce and for local artisans and food vendors to share their products. Each week, local musicians add to the vibrant atmosphere, celebrating Sonoma’s unique culture and creativity. This year’s market successfully met its revenue goals, covering all operational expenses, including staffing, while continuing to foster a strong community spirit and support for local small businesses.
Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
• Arts: Updating the City’s Public Art Policy to include temporary art installations to not only serve as a catalyst for urban beautification, cultural enrichment, and social cohesion but also promoting economic development by establishing Sonoma as a vibrant art destination.
4. Climate Mitigation and Adaptation
Goal: Position Sonoma as a leader in climate action by implementing climate action strategies and promoting sustainable practices.
Accomplishments:
• Climate Action Strategies Progress: The Climate Action Commission and staff are working on advancing key initiatives from the Climate Action Strategy approved by Council.
• Sustainability Measures:
o 2 New electric vehicles were purchased for the PW fleet including charging stations installed at the yard
o City is evaluating an electric Street Sweeper
o The city is working with Sonoma County Transit to maintain an electric bus for the free bus route funded by the City. Conversations are underway to coordinate EV upgrades at the PW yard to house the Electric Bus overnight. o City is working with the Chamber and Tourism Bureau to test a shuttle from hotels to downtown
o City applied for funding to support rebates for turf removal • Community Engagement: The city has actively engaged the community in climate action efforts, encouraging residents and businesses to adopt sustainable practices and participate in local climate initiatives.
5. Parks and Recreation/Community Services
Goal: Enhance recreational sites and services, create a comprehensive plan for Plaza Park, and explore conservation easements to protect natural resources.
Accomplishments:
• Parks and Recreation Department: Initial steps have been taken to create a Parks and Recreation Department. This includes successful passage of a new tax revenue measure to support the department’s staffing and operational needs. With the passage of this measure, a new Parks Director position is being created.
Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
• Plaza Park Corridor Planning:
o Initial review of steps to develop a comprehensive master plan and landscape management plan for Plaza Park has stated including initiation of a survey for the plaza to use as the base for future projects. Future project includes developing a Parks Corridor connecting Mountain Cemetery, Field of Dreams, Depot Park, County and state properties to the Plaza. Further discussion is needed to provide input on scope and vision.
o Completed successful negotiations with State Parks to complete a joint adaptive reuse project to relocate the Visitor Center to the Toscano Hotel. • TREES:
o Staff held multiple joint meetings of the Planning Commission, Parks Recreation Open Space Commission, and the Climate Action Commission to develop a set of priorities and actions for future tree policy development. o Staff held a study session with the City Council to review the current street tree program and to get feedback and input on changes to the program such as waiving encroachment permit fees, extending deadlines, and extending permit review.
o Updated sidewalk policy to include alternative materials (such as pervious pavement) for sidewalk construction to address the desire to fix sidewalk displacements while saving street trees.
• Cemeteries:
o Working on increasing interment space for all cemeteries o Created cemetery brochure for families, funeral homes o Updated cemetery website info, FAQs, contact form, terminology o Implementing outsourcing for casket burials
o Working on updating cemetery contracts & forms
o Working on creating donation options for cemetery improvements o Reviewing endowment care & misc fees for updates
o Building interment log to efficiently track burial data o Providing more thorough, hands-on customer service for families • Community Engagement and Volunteerism: The city has expanded opportunities for community engagement and volunteerism, particularly in support of local arts and the preservation of the historic cemetery, further strengthening the sense of community in Sonoma.
• Recreation and Community Services Discretionary Funding Program- Launched in the spring of 2024, the City’s Recreation and Community Services Discretionary Funding Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
Program awarded a total of $44,328 to 20 local non-profit organizations. This program supported a range of community-focused projects, including:
o Donations to the Vintage House meal program and pet food pantries. o Outdoor physical and team challenges for K-12 mentees. o Utility subsidies for individuals in need through FISH. o The student film showcases at the 28th annual Sonoma Film Festival. o Community enrichment events by ArtEscape.
o Financial support for local events, including the Vintage Festival, Red and White Ball, Community Baby Shower, Call of the Wild Free Community Day, Children’s Day at Sonoma Garden Park, Valley of the Moon Music Festival Free Kids and Family Concert, and SVMA Family Make-In events.
o The City also provided subsidies or grants for instruction and recreational programs in partnership with local organizations, including Sonoma Conservatory of Dance, Hanna Center, Sonoma Valley United Soccer League, Sonoma Youth Lacrosse, and Sonoma Valley Girls Softball.
Park Infrastructure/Planning/Improvements:
o Developed a process for making recommendations on how to allocate Measure M “Parks for All” funds with increased opportunities for public input. o New trash cans and bike racks installed at the Plaza
o Bathroom upgrades completed in the Plaza
o Working on Olsen Park Improvement project Plans, Specifications and Estimate o Palm tree pruning and lighting reinstallation/new contract for palm tree lighting o Removed a sidewalk displacement caused by a tree root and poured new concrete sidewalk near Carnegie
o Upgrade at Nathanson Creek Park including landscaping, fence and bollards o New drinking fountain installation in the Plaza
o Worked with Bartlett Tree Co. to complete a health assessment/healthy diagnosis of American Elm #103 in the Plaza
o Rehabilitation of volleyball court at Depot Park
o Worked with PROS ad hoc and completed draft City of Sonoma Tree List that includes location appropriate tree types
o Completed all project planning for Spring construction start on CIP project P-14 Sonoma Overlook Trail HCF Grant project
Conclusion
The City of Sonoma has made significant progress in achieving the 2024 Council Goals, and we are committed to building on these successes throughout the remainder of the year. These Agenda Item #9.1:
City of Sonoma 2024 Council Goals: Status Update
accomplishments reflect our dedication to making Sonoma a thriving, sustainable, and inclusive community.
We will continue to work closely with our residents, businesses, and community partners to ensure that Sonoma remains a place where everyone can live, work, and enjoy the unique quality of life that our city offers.
The City Council will hold a goal setting process for 2025 in late January to review these goals and to provide any changes, updates or modifications for the upcoming year.
Agenda Item #9.1: